HomeMy WebLinkAboutPC RES 4418 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF
RESOLUTION NO. 4418
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN
CITY COUNCIL APPROVE DEVELOPMENT AGREEMENT 2020-
0002, DESIGN REVIEW 2020-0011 , AND DENSITY BONUS
ALONG WITH ITS CONCESSIONS FOR THE DEVELOPMENT OF
A SEVEN (7) UNIT MULTI-FAMILY BUILDING FOR SHORT TERM
TRANSITIONAL HOUSING AND SERVICES FOR QUALIFIED
FAMILIES WITH CHILDREN EXPERIENCING HOMELESSNESS
OR AT RISK OF HOMELESSNESS LOCATED AT 1941 EL
CAMINO REAL (APN 500-071-12)
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application has been submitted by Family Promise of Orange
County (FPOC) for the development of a seven (7) unit multi-family building
for short term transitional housing for qualified families with children and
conveyance of an approximate 0.385-acre site located at 1941 EI Camino
Real that is currently owned by the City of Tustin (the City).
B. That the development application includes the following requests:
1. Development Agreement (DA) 2020-0002 to facilitate the development
and conveyance of an approximate 0.385-acre site within the boundaries
of the City of Tustin.
2. Design Review (DR) 2020-0011 for the building design and site layout of
multi-family apartment style building including seven (7) units within a
single building, community resource room, office, common areas and
amenities.
3. Density bonus to authorize two (2) additional units for a total of seven (7)
units in the R4 Zoning District.
4. Two (2) development concessions for a reduced front yard setback and
waiver to allow uncovered parking.
C. That the site is zoned as Suburban Residential District (R4); and designated
as High Density Residential (HDR) by the Tustin General Plan. In addition, the
project has been reviewed for consistency with the Air Quality goals and
objectives described in the General Plan.
D. That a DA is required to identify the terms of development, affordability,
required services, and amenities in accordance with Section 65864 et seq. of
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Resolution No. 4418
Page 2
the Government Code and Sections 9600 to 9619 of the Tustin City Code
(TCC). In compliance with TCC Section 9611, the City's Planning Commission
must make a recommendation on the proposed DA to the City Council. The
DA can be supported by the following findings:
1 . The project is consistent with the objectives, policies, land uses and
programs specified in the General Plan and the Zoning Code in that multi-
family residential uses are permitted uses within the High Density
Residential land use designation and the project promotes citywide goals
and policies of addressing homelessness and creating affordable and
workforce housing options
2. The project is in conformity with the public necessity, public convenience,
general welfare, and good land use practices in that the project would
provide a seven (7) unit residential building for short-term transitional
housing and services for qualified families with children with preference
given to those with ties to Tustin. The City will contribute the site for
development under the terms of the Disposition and Development
Agreement.
3. That homelessness in Orange County is on the rise which is often due to
the high cost of housing in the County. Residents in the community have
been and will continue to be directly impacted by issues created by a
growing homeless population. For the health, safety and welfare of the
community, the City continually seeks solutions to mitigate the many and
varied issued raised by homeless families and the high cost of housing
in Tustin.
4. The project will not be used as an emergency shelter for the homeless.
Residents are required to have regular and ongoing employment or be
actively seeking employment.
5. Each family will pay into a program fee and will be required to place
disposable income into a savings account.
6. The operator will provide case management, computer and internet
services, counseling, financial literacy, educational assessment, and life
skills classes to participant families.
7. The project is in the vital and bests interests of the City and the health,
safety and welfare of its residents.
8. The project will not adversely affect the orderly development of property
in that the proposed project is orderly, well designed, and equipped with
necessary infrastructure and amenities to support future residents.
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Resolution No. 4418
Page 3
9. The project will have a positive impact on the City in that the provisions
of the proposed DA and conditions of approval will ensure such positive
impact.
E. Density Bonus and Concessions
1 . That Government Code Section 65925 mandates that local
governments provide a density bonus when a developer agrees to
construct ten (10) percent of the total units within the project for lower
income households, five (5) percent of the total units for very low income
households, or ten (10) percent for moderate income families.
2. That the applicant proposes to construct seven (7) one hundred percent
(100%) affordable units.
3. That the density bonus will increase the number of families served and
contribute to the City's goal of reducing the number of families
experiencing homelessness or at risk of homelessness by providing two
additional units at the project
4. The concessions and/or waivers are required in order to improve the
project by reducing overall costs of the project and providing amenities
and resources to families experiencing homeless or at risk of
homelessness:
• Front Yard Setback: Authorization to reduce the front yard
setback from twenty (20) feet to ten (10) feet to allow the
expansion of the building footprint to provide adequate space for
seven residential units, a community resource center, courtyard
and tot lot.
• Waiver of Covered Parking: Authorization to remove the
requirement for covered parking to reduce the cost of the project,
allow greater visibility into the site contributing to improved safety
measures, and provide parking for larger vehicles used by
service providers.
5. That pursuant to TCC 9124(m), the City may, in its discretion, reduce or
eliminate a parking requirement for developments of any type in any
location.
6. The applicant has shown that the waiver of modification of development
standards is necessary to make the housing units economically feasible.
7. The density bonus, concession or incentive would not have an adverse
impact upon public health and safety or the physical environment.
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Resolution No. 4418
Page 4
F. Pursuant to Section 9272 of the TCC, the Planning Commission finds that the
location, size, architectural features, and general appearance of the proposed
development will not impair the orderly and harmonious development of the
area, the present or future development therein, or the occupancy as a whole.
In making such findings, the Commission has considered at least the following
items:
1. Height, bulk, and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors, and other openings.
6. Roof structures,
7. Location, height, and standards of exterior illumination.
8. Landscaping, parking area design, and traffic circulation.
9. Location and appearance of equipment located outside an enclosed
structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing structures in the
neighborhood.
12. Appearance and design relationship of proposed structures to existing
structures and possible future structures in the neighborhood and public
thoroughfares.
13. Development Guidelines and criteria as adopted by the City Council.
G. That a public hearing was duly called, noticed, and held on said application
on February 9, 2021, by the Planning Commission.
H. That the project is Categorically Exempt pursuant to Section 15332 (Class
32) of the California Code of Regulations (Guidelines for the California
Environmental Quality Act).
II. The Planning Commission hereby recommends that the City Council approve DA
2020-0002 attached hereto as Exhibit A and DR 2020-0011 , subject to the
conditions attached hereto as Exhibit B.
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Resolution No. 4418
Page 5
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 9th day of February, 2021 .
DocuSigned by:
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D3273B6D898A43D...
AMY MASON
Chairperson
�--DocuSigned by:
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ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JUSTINA L. WILLKOM the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4418 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
9th day of February, 2021 .
PLANNING COMMISSIONER AYES: Chu, Jha, Kozak, Mason (4)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
DocuSigned by: 1
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ED45DA2623654A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
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DEVELOPMENT AGREEMENT
FOR SHORT-TERM TRANSITIONAL HOUSING
BY AND BETWEEN
City of Tustin / Tustin Housing Authority
AND
Family Promise of Orange County, Inc.
Site: 1941 El Camino Real, Tustin, CA 927801
1473132.1
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This DEVELOPMENT AGREEMENT FOR SHORT-TERM TRANSITIONAL
HOUSING ("Agreement") is entered effective as of , 2020, by and between
the CITY OF TUSTIN, a municipal corporation ("Tustin"), the TUSTIN HOUSING
AUTHORITY, a local housing authority ("Authority"), and FAMILY PROMISE OF
ORANGE COUNTY, INC., a California non-profit corporation ("Operator"). Tustin and
Authority are collectively and individually hereinafter referred to as the "City" and the City and
Operator, together, are collectively referred to herein as the "Parties" and individually as a
"Party"
RECITALS
A. To strengthen the public planning process, encourage private participation in
comprehensive planning, and reduce the economic risk of development, the Legislature of the
State of California adopted the "Development Agreement Statutes," Government Code Sections
65864, et seq. The Development Agreement Statutes authorize City to enter into an agreement
with any person having a legal or equitable interest in real property and to provide for
development of such property and to establish certain development rights therein. Pursuant to the
authorization set forth in the Development Agreement Statutes, City has enacted procedures for
entering into development agreements which are contained in Tustin City Code Sections 9600 to
9619.
B. City and Operator entered into that certain Disposition and Development
Agreement for Short-Term Transitional Housing as of February 18, 2020 (the "DDA") pursuant
to which City agreed to sell, and Operator agreed to buy and develop, certain real property, all as
more specifically set forth in the DDA.
C. Pursuant to the DDA, Operator has an equitable and legal interest in the Site (as
defined below) in that it has the contractual right to purchase the Site from City for development.
D. Pursuant to Government Code Section 65864, the Legislature has found and
determined, among other things, that:
"(a) The lack of certainty in the approval of development projects can result
in a waste of resources, escalate the cost of housing and other
development to the consumer, and discourage investment in and
commitment to comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon
approval of the project, the applicant may proceed with the project in
accordance with existing policies, rules and regulations, and subject to
conditions of approval, will strengthen the public planning process,
encourage private participation in comprehensive planning, and reduce
the economic costs of development."
In accordance with the legislative findings set forth in Government Code Section 65864,
City wishes to attain certain public objectives that will be furthered by this Agreement. This
Agreement will provide for the orderly implementation of the General Plan of City, and the
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development and completion of the Project as defined by and in accordance with the DDA. This
Agreement will further comprehensive planning objectives contained within the City's General
Plan, which are:
1. "Provide an adequate supply of housing to meet the need for a variety of
housing types and the diverse socio-economic needs of all community residents."
(Housing Element("HE") Goal 1)
2. "Promote the construction of additional dwelling units to accommodate
Tustin's share of regional housing needs identified by the Southern California
Association of Governments (SLAG), in accordance with adopted land use
policies." (HE Policy 1.1)
3. "Pursue smart growth principles by supporting the construction of higher
density housing, affordable housing, and mixed-use development (the vertical and
horizontal integration of commercial and residential uses) in proximity to transit,
services, shopping, schools, and senior centers and recreational facilities, where
possible." (HE Policy 1.2)
4. "Continue to implement best practices for developer selection, project
underwriting and due diligence for affordable housing developments that receive
financial and other assistance to ensure long-term viability of affordable housing
and to ensure the maximized leverage of local resources." (HE Policy 1.3)
5. "Utilize various resources, where feasible, to assist in creating
opportunities which will expand opportunities for development of affordable
housing in the community." (HE Policy 1.7)
6. "Encourage the availability of affordable housing for special needs
households, including large, low-income families. Special needs households
include the elderly, large families, female-headed households with children,
households with a disabled person, and the homeless." (HE Policy 1.11)
E. The DDA and the development of the Project under the DDA require a substantial
early investment of money and planning and design effort by Operator. Without the protection
provided by this Agreement, uncertainty that the Project may be completed in its entirety could
result in a waste of public resources, escalate the cost of public improvements, and discourage
Operator's participation in the development of short-term housing as provided in the DDA.
Operator's participation in the implementation of the DDA will result in a number of public
benefits. These benefits require the cooperation and participation of City and Operator and could
not be secured without cooperation in and commitment to the comprehensive planning effort that
has resulted in the DDA.
F. Operator wishes to avoid certain development risks and uncertainties that would,
in the absence of this Agreement, deter and discourage Operator from making a commitment to
implement the DDA. These are as follows:
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1. It is generally the law in California that, absent extraordinary
circumstances or the approval of a vesting subdivision map, an owner
of the land does not obtain a vested right to improve land until the
issuance of a building permit for the improvements and commencement
of substantial construction pursuant to that permit. The result is a
disincentive for landowners to invest monies in the early completion of
public improvements as part of any project or in early comprehensive
planning and design studies.
2. Development under the DDA requires a substantial early investment of
money and planning and design effort by Operator. Uncertainty about
City's land use policies, rules and regulations could result in a waste of
private resources, escalate the cost of required public improvements,
and escalate costs of proposed housing and other uses.
G. The following assurances are of vital concern to Operator to offset or remove the
disincentives and uncertainties set forth in Paragraph F above:
1. Assurance to Operator that, in return for Operator's commitment to the
development of the Site that is contained in the DDA, any approved
entitlements, City will in turn remain committed to the DDA;
2. Assurances to Operator that as Operator becomes obligated for the costs
of designing and constructing any public and private improvements
included in the DDA, Operator will become entitled to complete the
Project; and
3. Assurances to Operator that in City's administration of the DDA,
Operator will be allowed, consistent with the DDA, to develop the
housing identified in the DDA. These assurances provide for
cooperation and participation of City and Operator and could not be
secured without mutual cooperation in and commitment to the
comprehensive planning effort that has resulted in the DDA.
H. California Government Code Sections 65864 et seq. authorize local agencies to
enter into binding development agreements with persons having legal or equitable interests in real
property for the development of such property. City wishes to enter into a development agreement
with Operator to secure the Public Benefits as described in Section 3.1, and Operator wishes to
enter into a development agreement with City to avoid the development risks and uncertainties
and to obtain the assurances for the development of the Project under the DDA.
I. This Agreement is intended to be, and shall be construed as, a development
agreement within the meaning of the Development Agreement Statutes. This Agreement is
intended to augment and further the purposes and intent of the parties in the implementation of
the DDA. This Agreement, as a device for the implementation of the DDA, will eliminate
uncertainty in planning for and secure the orderly development of the Project, ensure a desirable
and functional community environment,provide effective and efficient development of facilities
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and services appropriate for the development of the Project, assure attainment of the maximum
effective utilization of resources within City, and provide other significant public benefits to City
and its residents by otherwise achieving the goals and purposes of the Development Agreement
Statutes. In exchange for these benefits to City, Operator desires to receive the assurance that it
may proceed with development of the Project in accordance with the terms and conditions of this
Agreement,the DDA and Existing Land Use Regulations, all as more particularly set forth herein.
J. City has determined that this Agreement and the Project are consistent with the
City's General Plan, and as the same maybe further amended from time to time, and that the
Development Agreement complies with the findings established by Tustin City Code Section
9611 in that the Agreement:
1. Is consistent with the objectives, policies, general land uses and
programs specified in the General Plan.
2. Is compatible with the uses authorized in the district in which the real
property is located.
3. Is in conformity with the public necessity,public convenience, general
welfare, and good land use practices.
4. Will not be detrimental to the health, safety, and general welfare.
5. Will not adversely affect the orderly development of subject property.
6. Will not have a negative fiscal impact on the City.
K. On , 2020, the Planning Commission held a public hearing on this
Agreement, made certain findings and determinations with respect thereto, and recommended to
the City Council of City that this Agreement be approved. On ,the City Council
held a public hearing on this Agreement, considered the recommendations of the Planning
Commission, and adopted Ordinance No. , approving this Agreement and authorizing
its execution.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which are incorporated
herein by this reference, and for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1. Definitions. Any capitalized word or term used in this Agreement shall have the
definition or meaning ascribed to such word or term as provided in the DDA, unless the word or
term is expressly provided in this Section 1.1 of this Agreement, in which event such word or
term shall have the definition or meaning as provided herein. Any word not specifically defined
in the DDA or this Agreement shall be interpreted by the Director of Community Development.
1.1.1 "Agreement"is defined in the introductory paragraph.
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1.1.2 "Applications" is defined in Section 3.11.1.
1.1.3 "City" is defined in the introductory paragraph.
1.1.4 "DDA"is defined in the Recital B.
1.1.5 "Operator"is defined in the introductory paragraph.
1.1.6 "Development Permits" means all permits, certificates and approvals
which may be required by City or other governmental authority for the development
and construction of the improvements for the Project, in each case in accordance with
this Agreement, the DDA, applicable Land Use Regulations and any required
environmental mitigation, including without limitation any engineering permits,
grading permits, foundation permits, construction permits and building permits.
1.1.7 "Development Plan" means any development identified in the DDA,
subject to further refinement as required or contemplated by the DDA consistent with
all applicable Entitlement Approvals and all applicable Land Use Regulations.
1.1.8 "Effective Date" means the date the City's ordinance approving this
Agreement becomes effective.
1.1.9 "Entitlement Approvals" means all land use approvals and entitlements.
including all conditions of approvals, legally required by City or any other
governmental authority as a condition for development of the Property, and
construction of the improvements in accordance with this Agreement, the DDA and
applicable Land Use Regulations, including, without limitation, Design Review and
Density Bonus approvals as may be applicable for proposed specific uses(s) in
connection with development of the Property.
1.1.10 "Existing Entitlement Approvals" means all Development Permits and
Entitlement Approvals approved or issued prior to the Effective Date.
1.1.11 "Existing Land Use Regulations"means all Land Use Regulations in effect
on the Effective Date. Existing Land Use Regulations include City's General Plan,
Zoning Code, and all other ordinances, resolutions, rules, and regulations of City
governing development and use of the Site in effect as of the Effective Date, including
without limitation the permitted uses of the Site, the density and intensity of use,
maximum height and size of proposed buildings, provisions for the reservation and
dedication of land for public purposes, and construction standards and regulations
concessions or incentives authorized under Tustin City Code Section 9123 related to
the provision of affordable housing units in compliance with California Government
Code Section 65915.
1.1.12 "Land Use Regulations" means all laws, statutes, ordinances, resolutions,
codes, orders, rules, regulations and official policies of City governing the
development and use of land, including, without limitation, the permitted uses of the
Site, the density or intensity of use, subdivision requirements, timing and phasing of
development, the maximum height and size of proposed buildings, the provisions for
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reservation or dedication of land for public purposes, and the design, improvement
and construction standards and specifications applicable to the development of the
Site.
1.1.13 "Mortgagee"means a mortgagee of a mortgage, a beneficiary under a deed
of trust, or any other security-device lender, and their successors and assigns.
1.1.14 "New City Laws" is defined in Section 3.10.1.
1.1.15 "Party" and"Parties" are defined in the introductory paragraph.
1.1.16 "Project" means the Site and all associated Improvements built upon the
Site that are required by this Agreement so that Operator may operate the Site in
conformity with this Agreement, Deed of Trust, and Declaration of Covenants,
including, but not limited to, any related offsite improvements, all recreational and
common area improvements, any resource center, residential units, landscaping,
parking and related improvements, as the same may from time to time exist on the
Site.
1.1.17 "Reservations of Authority" means the rights and authority excepted from
the assurances and rights provided to Operator under this Agreement and reserved to
City under Section 3.10 of this Agreement.
1.1.18 "Site"means the real property legally described on Exhibit"A"and shown
on Exhibit"B"to this Agreement.
1.1.19 "Subsequent Entitlement Approvals" means all Entitlement Approvals
required subsequent to the Effective Date in connection with development of the Site.
The Subsequent Entitlement Approvals may include, without limitation, the
following: amendments of the Entitlement Approvals, design review approvals
(including site plan, architectural and landscaping plan approvals), deferred
improvement agreements and other agreements relating to the Project, use permits,
grading permits, building permits, lot line adjustments, sewer and water connections,
certificates of occupancy, subdivision maps (including tentative, vesting tentative,
parcel,vesting parcel, and final subdivision maps),preliminary and final development
plans, re-zonings, encroachment permits, re-subdivisions, and any amendments to, or
repealing of, any of the foregoing. At such time as any Subsequent Entitlement
Approval applicable to the Project or Site is approved by the City, then such
Subsequent Entitlement Approval shall become subject to all the terms and conditions
of this Development Agreement applicable to Entitlement Approvals and shall be
treated as an "Entitlement Approval"under this Development Agreement.
1.1.20 "Successor-In-Interest" means any person having a legal or equitable
interest in the whole of the Site, or any portion thereof as to which such person wishes
to amend or cancel this Agreement.
1.1.21 "Vested Right" means the vested rights granted to Operator pursuant to
this Agreement, including,without limitation,the vested right to develop the Property
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in accordance with, and to the extent of the DDA and the provisions of this Agreement.
Any Vested Right shall be effective against, and shall not be amended by, any
subsequent ordinance or regulation, whether adopted or imposed by the City Council
or through the initiative or referendum process. The Vested Rights included are: (1)
The General Plan of City on the Agreement Date, including the General Plan
Amendments ("Applicable General Plan"); (2) The Zoning Ordinance of City on the
Agreement Date ("Applicable Zoning Ordinance"); (3) other rules, regulations,
ordinances and policies of City applicable to development of the Project on the
Agreement Date (collectively, together with the Applicable General Plan, Land Use
Regulations, and the Applicable Zoning Ordinance, the "Applicable Rules"); and (4)
the Entitlement Approvals,as they may be amended from time to time upon Operator's
consent (such consent to be granted at the sole discretion of Operator) and City's
approval of the amendment in accordance the terms of this Agreement.
1.2. Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit"A" - Legal Description of the Property.
Exhibit"B" - Map showing Property and its location.
2. GENERAL PROVISIONS.
2.1. Binding Effect of Agreement. The Site is hereby made subject to this Agreement.
Development of the Site is hereby authorized and shall be carried out only in accordance with the
terms of this Agreement.
2.2. Equitable and Legal Interests in Property. Pursuant to the DDA, Operator
anticipates acquiring the Site. City and Operator agree that Operator's right to acquire the Site
pursuant to the DDA creates a sufficient legal and/or equitable interest to enter into this
Agreement. If Operator fails to acquire the Site, then this Agreement shall automatically become
ineffective as of the date upon which Operator's rights to acquire the Site expires.
2.3. Term. The "Term" of this Agreement shall commence on the Effective Date and
shall continue for a term of five (5) years thereafter to allow Operator to obtain the Certificate of
Completion referred to in the DDA and Section 2.5 of this Agreement, unless otherwise
terminated, modified, or extended by circumstances set forth in this Agreement or by mutual
written consent of the Parties. Notwithstanding the foregoing, the performance of any condition
or act may be extended for the period that development is prevented or delayed, in whole or in
part, due to an event of Force Majeure Delay as provided for in Section 8.11,but in no event shall
the expiration of the Term (5 years)under this Agreement be extended by a Force Majeure Delay.
2.4. Assignment/Transfer.
2.4.1 Assignment and Notification. The rights, interests and obligations
conveyed and provided herein to Operator benefit and are appurtenant to the Site. Operator has
the right to sell, assign and transfer any and all of its rights and interests and to delegate any and
all of its duties and obligations hereunder; provided, however, that such rights and interests may
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not be transferred or assigned except in strict compliance with the provisions of Section 7 of the
DDA, and the following conditions:
(a) Operator secures the written consent of City if required pursuant to Section
7 of the DDA;
(b) Prior to assignment or transfer pursuant to this Section 7 of the DDA,
Operator shall notify City in writing of such assignment or transfer, the
name and address (for purposes of notices hereunder) of the transferee or
assignee, and Operator and the assignee or transferee shall notify City
whether the assignee or transferee will assume any of Operator's
obligations under this Agreement and which of Operator's obligations will
be assumed; and
(c) The assignee or transferee shall have entered into an Assignment and
Assumption Agreement if required by the DDA.
Any attempt to assign or transfer any right or interest in this Agreement except in strict
compliance with this Section 2.4 and the DDA shall be null and void and of no force and effect.
2.4.2 Subject to Terms of Agreement. Following an assignment or transfer of
any of the rights and interests of Operator set forth in this Agreement in accordance with Section
2.4.1, the assignee's exercise, use, and enjoyment of the Site shall be subject to the terms of this
Agreement to the same extent as if the assignee, or transferee were Operator.
2.4.3 Release of Operator Upon Assignment/Transfer. Notwithstanding the
assignment or transfer of the Site or rights or interests under this Agreement, Operator shall
continue to be obligated under this Agreement unless released, or partially released,by City with
respect to Operator's obligations and the other duties and obligations of Operator under this
Agreement,pursuant to this paragraph, which release or partial release shall be provided by City
upon the full satisfaction by Operator of the following conditions:
(a) Operator is not then in default under this Agreement;
(b) City has consented to the assignment or transfer if required under Section
2.4.1;
(c) An assignee or transferee has assumed such duties and obligations as to
which Operator is requesting to be released; and
(d) The assignee or transferee is financially able to assume the obligations
proposed for assignment and has demonstrated to the reasonable
satisfaction of City that adequate resources have been committed to the full
performance of such obligations.
Therefore, in the absence of specific written agreement by City,pursuant to which City expressly
releases the Operator under the applicable provisions of the DDA or this Agreement, no transfer
or assignment shall constitute a release of Operator from any of its obligations under this
Agreement and the Operator shall retain such obligations and remain jointly and severally liable
for such obligations.
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2.5. Site Subject to this Agreement Upon Assignment/Transfer. Until recordation of
the Certificate of Completion (Attachment 6 to the DDA) as provided for in Section 4.16 of the
DDA, the Site shall continue to be subject to this Agreement.
2.6. Amendment or Cancellation of Agreement. This Agreement may be amended or
cancelled in whole or in part only in the manner provided for in Government Code Section 65868
and Tustin City Code Section 9615. This provision shall not limit any remedy of City or Operator
as provided by this Agreement. Either Party or a Successor-In-Interest may propose an
amendment to or cancellation, in whole or in part, of this Agreement. Any amendment or
cancellation shall be by mutual consent of the Parties or their Successor-In-Interest except as
provided otherwise in this Agreement, in Government Code Section 65865.1, or in the Tustin
City Code. Any amendment to this Agreement that does not relate to the Term of this Agreement;
permitted uses of the Project; the conditions, terms, restrictions and requirements relating to
subsequent discretionary approvals of City; or monetary exactions of Operator, shall be
considered an "Administrative Amendment". The City Manager or assignee is authorized to
execute Administrative Amendments on behalf of City and no action by the City Council (e.g.
noticed public hearing) shall be required before the Parties may enter an Administrative
Amendment. However, if in the judgment of the City Manager or assignee that a noticed public
hearing on a proposed Administrative Amendment would be required, City's Planning
Commission shall conduct a noticed public hearing to consider whether the Administrative
Amendment should be approved or denied, and shall make a recommendation to the City Council
on the matter. The Tustin City Council shall conduct a noticed public hearing to consider the
request and the Planning Commission's recommendation on the matter. At the conclusion of the
public hearing, the City Council may approve, deny, or conditionally approve the amendment.
The Vested Rights may not be amended except by amendment of this Agreement; provided,
however, that in the case of amendments affecting portions of the Project, only the consent of the
owner of such portion shall be required so long as the amendment does not diminish the rights
appurtenant to or increase the burdens upon any other portion of the Project or Site. Any
amendment of City land use regulations including, but not limited to, the General Plan, or City's
zoning ordinance, shall not require amendment of this Agreement. Instead, any such amendment
shall be deemed to be incorporated into this Agreement at the time that such amendment is
approved by the appropriate City decision maker, so long as such amendment is consistent with
this Agreement.
2.7. Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated Term of this Agreement as set forth in Section 2.3.
(b) Entry of a final court judgment not subject to further appeal setting aside,
voiding or annulling the adoption of the City ordinance approving this
Agreement.
(c) The adoption of a referendum measure overriding or repealing the City
ordinance approving this Agreement.
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(d) Completion of the Project in accordance with the terms of this Agreement,the
DDA,Entitlement Approvals, and applicable Land Use Regulations,including
issuance of all required occupancy permits and acceptance by City or
applicable public agency of all required public improvements and dedications,
and City issuance of a final DDA Certificate of Completion.
(e) Due to a default hereunder, as set forth in Article 5 below.
(f) Upon mutual written agreement of City and Operator.
Termination of this Agreement shall not constitute termination of any other land use
entitlements approved, if any,for the Site.Upon the termination of this Agreement,no Party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination or with respect to any
obligations which are specifically set forth as surviving this Agreement.
2.8. Notices, Demands, and Communications between the Parties. All notices,
demands, consents, requests and other communications required or permitted to be given under
this Agreement shall be in writing and shall be deemed conclusively to have been duly given (a)
when hand delivered to the other party; (b)three (3)business days after such notice has been sent
by United States mail via certified mail, return receipt requested,postage prepaid, and addressed
to the other party as set forth below; or (c) the next business day after such notice has been
deposited with a national overnight delivery service reasonably approved by the parties (Federal
Express, United Parcel Service and U.S. Postal Service are deemed approved by the parties),
postage prepaid, addressed to the party to whom notice is being sent as set forth below with next
business-day delivery guaranteed, provided that the sending party receives a confirmation of
delivery from the delivery service provider. Unless otherwise provided in writing, all notices
hereunder shall be addressed as follows:
To City: Tustin Housing Authority
300 Centennial Way
Tustin, California 92780
Attention: Executive Director
Phone: (714) 573-3117
Fax No.: (714) 669-0976
with copies to: The City of Tustin
300 Centennial Way
Tustin, California 92780
Attention: City Manager
Phone: (714) 573-3010
Fax No.: (714) 838-1602
City Attorney, City of Tustin
Woodruff Spradlin & Smart
555 Anton Blvd., Suite 1200
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Costa Mesa, CA 92626
Attention: David E. Kendig, Esq.
To Operator: Family Promise of Orange County, Inc.
310 West Broadway
Anaheim, California 92805
Attention: President/CEO
Phone: (714) 353-0428
Fax No.: (714) 787-3489
with a copy to: Managing Partner
Cummins & White
2424 South East Bristol, Suite 300
Newport Beach, CA. 92660
Any Party may by written notice to the other Party in the manner specified in this
Agreement change the address to which notices to such Party shall be delivered.
3. DEVELOPMENT OF THE PROJECT SITE.
3.1. Public Benefits. This Agreement provides assurances that local and regional
"Public Benefits"will be achieved and developed in accordance with the Entitlement Approvals
and the terms of the DDA and this Agreement, subject to the City's Reservation of Authority
(Section 3.10). The Project's Public Benefits, include without limitation, providing a safe and
stable housing environment for short-term transitional housing for homeless families by building
a new, approximately 8,098 square-foot apartment-style multi-unit housing complex [i.e.,2 three-
bedroom,4 two-bedroom and 1 one-bedroom units] expecting to serve 30 families each year with
transitional housing and via an on-site resource center, serve an additional 20 families each month
with a wide range of support services and programs, including career development, case
management, education, budgeting and credit repair, all intended to mitigate long-term
homelessness in the City and reduce stress on other City and community resources. Additional
Public Benefits shall accrue to the City as the Project shall be only accessible to certain qualified
families, which shall exclude the Project from being used as an emergency shelter for the
homeless, and wherein preference for residing at the Project shall be given to families with
defined ties and connections to the City of Tustin Such affordability and other restrictions,
qualifications and operations of the Project are imposed by the DDA and Declaration of
Covenants for at least 55-years starting from the date of when a Certificate of Occupancy by the
City is issued for the Project.
3.2. Operator Objectives. In accordance with the legislative findings set forth in
Government Code Section 65864, the Operator wishes to obtain reasonable assurances that the
Project may be developed in accordance with the Applicable Rules and project approvals and
with the terms of this Agreement and subject to the City's Reservation of Authority. As part of
the Project's development, and as provided by Section 3.5, Operator anticipates making capital
expenditures or causing capital expenditures to be made in reliance upon the DDA and this
Agreement. In the absence of this Agreement, Operator would have no assurance that it can
complete the Project for the uses and to the density and intensity of development set forth in this
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Agreement and the Existing Entitlement Approvals. This Agreement, therefore, is necessary to
assure Operator that the Project will not be(1)reduced or otherwise modified in density,intensity
or use from what is set forth in the Existing Entitlement Approvals, (2) subjected to new rules,
regulations, ordinances or official policies or plans which are not adopted or approved pursuant
to the City's Reservation of Authority.
3.3. Mutual Objectives. Development of the Project in accordance with this Agreement
will provide for the orderly development of the Site in accordance with the objectives set forth in
the General Plan. Moreover, a development agreement for the Project will eliminate uncertainty
in planning for and securing orderly development of the Site, assure installation of necessary
improvements, assure attainment of maximum efficient resource utilization within the City at the
least economic cost to its citizens and otherwise achieve the goals and purposes established by
Government Code Section 65864. The Parties believe that such orderly development of the
Project will provide Public Benefits, as described in Section 3.1, to the City through the
imposition of development standards and requirements under the provisions and conditions of
this Agreement.
Additionally, although development of the Project in accordance with this Agreement will
restrain the City's land use or other relevant police powers,this Agreement provides the City with
sufficient reserved powers during the Term hereof to remain responsible and accountable to its
residents. In exchange for these and other benefits to City, the Operator will receive assurance
that the Project may be developed during the Term of this Agreement in accordance with the
Applicable Rules, project approvals and Reservation of Authority, subject to the terms and
conditions of this Agreement.
3.4. Applicability of the Agreement. This Agreement does not: (1) grant density or
intensity in excess of that otherwise established in the Existing Entitlement Approvals; (2)
eliminate future discretionary actions relating to the Project if applications requiring such
discretionary action are initiated and submitted by the Operator regarding the Site after the
Effective Date of this Agreement; (3) guarantee that Operator will receive any profits from the
Project; or(4) amend the DDA or the City's General Plan.
3.5. Agreement and Assurances on the Part of the Operator. In consideration for the
City entering into this Agreement, and as an inducement for the City being obligated to carry out
the covenants and conditions set forth in this Agreement,and to effectuate the promises,purposes,
and intentions set forth in this Agreement, Operator hereby agrees that it will use commercially
reasonable efforts, in accordance with its own business judgment and considering market
conditions and economic considerations, to undertake any development of the Project in
accordance with the terms and conditions of the DDA, this Agreement, and Existing Entitlement
Approvals. In addition to the forgoing obligations and the development assurances provided by
this Agreement, the Project will result in Operator's performance of and providing as
consideration to the City the following:
(a) Construction of a 7-unit residential apartment building for use as transitional
housing for homeless families with direct ties to the City and provision of
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associated social services consistent with the DDA, this Agreement, and
Project approvals;
(b) Construction of all vertical, horizontal, and other improvements identified in
the DDA;
(c) Compliance with the DDA, Tustin City Code, state and federal law, required
mitigation measures, and all conditions of approval; and
(d) Payment of all required development related fees.
3.6. Agreement and Assurances on the Part of the City. In consideration for Operator
entering into this Agreement, and as an inducement for Operator to obligate itself to carry out the
covenants and conditions set forth in this Agreement, and to effectuate the purpose of this
Agreement, the City hereby agrees as follows:
3.6.1. Vested Right to Development. To the maximum extent permitted bylaw,
Operator has the Vested Right to develop the Project subject to the terms and conditions of the
DDA, this Agreement, Tustin City Code, state and federal law, and Entitlement Approvals
pursuant to the City's Reservation of Authority. Other than as expressly set forth herein, during
the Term of this Agreement, the terms and conditions of development applicable to the Site,
including but not limited to, the permitted uses of the Site, the density and intensity of use,
maximum height and size of any proposed buildings, the design, improvement and construction
standards and specifications applicable to the development of the Site, including any changes
authorized pursuant to this Section 3.6.1, shall be those set forth in the DDA, Existing Land Use
Regulations, and Entitlement Approvals. In connection therewith and subject to the terms of this
Agreement including the Reservations of Authority, Operator shall have the Vested Right to: (1)
carry out and develop the Site in accordance with the DDA, Existing Land Use Regulations,
Entitlement Approvals and the provisions of this Agreement; (2) to receive from City all future
entitlement approvals for the Project that City finds are consistent with and implement the DDA,
Existing Land Use Regulations, Entitlement Approvals and this Agreement, and(3)not have any
Entitlement Approvals conditioned or delayed for reasons inconsistent with the DDA, Existing
Land Use Regulations, Entitlement Approvals or this Agreement.
3.6.2. Future Rules Impacting Development. To the extent any changes in the
Existing Land Use Regulations, or any provisions of future General Plans, Specific Plans,Zoning
Ordinances or other rules, regulations, ordinances or policies (whether adopted by means of
ordinance,initiative,referenda,resolution,policy, order, moratorium, or other means, adopted by
the City Council, Planning Commission, or any other board, commission, agency, committee, or
department of City, or any of its officers or employees thereof, or by the electorate) (collectively,
"Future Rules") are not in conflict with the Vested Right, such Future Rules shall be applicable
to the Project. For purposes of this Section 3.6.2, the word "conflict" means Future Rules that
would (i) alter the Vested Right, or (ii) frustrate in a more than insignificant way the intent or
purpose of the Vested Right in relation to the Project, or (iii) materially increase the cost of
performance of, or preclude compliance with, any provision of the Vested Right, or(iv) delay in
a more than insignificant way development of the Project, or (v) limit or restrict the availability
of public utilities, services, infrastructure of facilities (for example, but not by way of limitation,
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water rights, water connection or sewage capacity rights, sewer connections, etc.) to the Project,
or(vi) impose limits or controls in the rate, timing,phasing or sequencing of development of the
Project. To the extent that Future Rules conflict with any Vested Right,they shall not apply to the
Project and the Vested Right shall apply to the Project.
3.6.3. Availability of Public Services. To the maximum extent permitted by law
and consistent with its authority, City shall assist Operator in reserving such capacity for sewer
and water services as may be necessary to serve the Project.
3.7 DDA and Existing Land Use Regulations Control Development. Except as
otherwise provided under the terms of this Agreement, including the Reservations of Authority
(and notwithstanding any future action of City or its citizens, whether by ordinance, resolution,
initiative or otherwise), the rules, regulations, and official policies governing the Project,
including,without limitation,the permitted uses of the Site,the density and intensity of use of the
Site, the maximum height and size of proposed buildings, the design, improvement and
construction standards and specifications applicable to the Project, including any changes
authorized pursuant to Sections 3.6.1 and 3.6.2, the subdivision of land and requirements for
infrastructure and public improvements, and other terms and conditions of the Project, shall be
the DDA, Existing Land Use Regulations, and the provisions of this Agreement. City shall accept
for processing and review and act on all applications for Subsequent Entitlement Approvals as
provided in Section 3.9 below.
3.8. Timing of Development. The timing of development will be as set forth in the
DDA. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo
(1984) 37 Cal. 3d 465, that the failure of the Parties therein to provide for the timing of
development resulted in a later adopted initiative restricting the timing of development to prevail
over such Parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging
and providing that Operator will adhere to the terms of the DDA regarding the timing of
development.
3.9. Changes and Amendments to Entitlements. The Parties acknowledge that
refinement and further development of the Project will require Subsequent Entitlement Approvals
and may also demonstrate that changes are appropriate and mutually desirable in the Existing
Entitlement Approvals.
3.9.1 Subsequent Entitlement Approvals. By approving the Entitlement
Approvals, City has made a policy decision that the Project is in the best interests of the public
health, safety and general welfare. In connection with any Subsequent Entitlement Approval, City
shall exercise discretion in accordance with the same manner as it exercises its discretion under
its police powers,including the Reservations of Authority;provided however,that such discretion
shall not prevent development of the Project as set forth in this Agreement. Accordingly, City
shall not use its discretionary authority in considering any application for a Subsequent Approval,
including,but not limited to,the City's administrative consideration of design review, conditional
use permits, and subdivision maps, for the Site to change the policy decisions reflected by the
Entitlement Approvals or otherwise to prevent or delay development of the Project as set forth in
the Entitlement Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to
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implement those final policy decisions and shall be issued by City so long as they comply with
this Agreement and any Applicable Rules and are not inconsistent with the Entitlement Approvals
as set forth above.
3.9.2 Existing Entitlement Approval Amendment. In the event Operator finds
that a change in the Existing Entitlement Approvals is necessary or appropriate, Operator shall
apply for a Subsequent Entitlement Approval to effectuate such change and City shall process
and act on such application in accordance with the Existing Land Use Regulations, except as
otherwise provided by this Agreement including the Reservations of Authority. If approved, any
such change in the Existing Entitlement Approvals shall be incorporated herein by reference as
though fully set forth, shall thereafter be deemed to be an Existing Entitlement Approval for all
purposes of this Agreement and may be further changed from time to time as provided in this
Section 3.9.
3.9.3 Minor Changes and Amendments. Unless otherwise required by law, a
change to the Existing Entitlement Approvals requested by Operator, or an approved assignee,
may be determined to be "minor" in the exercise of City's reasonable discretion and therefore,
shall not require an amendment to this Agreement. In an instance when City has reasonably
determined that a proposed change to the Existing Entitlement Approvals constitutes a minor
change pursuant to this Section 3.9, City and Operator shall cooperate to ensure the preparation
of any environmental analysis deemed appropriate and necessary pursuant to CEQA.
3.10. Reservations of Authority. Notwithstanding any other provision of this Agreement
to the contrary,the laws, rules,regulations and official policies set forth in this Section 3.10 shall
apply to and govern development of the Site and Project to the extent set forth herein.
3.10.1 Consistent Future City Regulations. City ordinances, resolutions, and official
policies, including initiative measures, adopted or approved after the Effective Date pursuant to
procedures provided by law which are applied on a City-wide basis ("New City Laws") shall
apply to and govern development of the Site and Project,provided that any New City Laws which
reduce the density or intensity of the Project below that permitted by the Existing Land Use
Regulations,the Existing Entitlement Approvals, or the DDA, alter the permitted uses of the Site,
reduce the maximum height or size of any permitted buildings, impose additional obligations in
connection with the reservation or dedication of land for public purposes beyond the requirements
identified in the DDA, or limit the rate, timing, or sequencing of development of the Site from
that required in the DDA or in any Entitlement Approvals, shall be deemed inconsistent with this
Agreement and shall not be applicable to the development of the Site and Project.
3.10.2 Overriding State and Federal Laws. City shall not be precluded from
adopting and applying New City Laws to the Project and development of the Project to the extent
that such New City Laws are required to be applied by State or Federal laws or regulations and
which would override Operator's Vested Rights as set forth in this Agreement,provided however,
that(i)Operator does not waive its right to challenge or contest the validity of such State,Federal,
or New City Laws or regulation; and (ii) such New City Law shall only be applied to the Project
and development of the Project to the extent necessary to comply with such new State or Federal
law or regulation. In the event that such State or Federal law or regulation (or New City Laws
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undertaken pursuant thereto) prevents or precludes substantial compliance with one or more
provisions of the DDA, the Existing Land Use Regulations or this Agreement, the Parties agree
to consider in good faith amending or suspending such provisions of this Agreement as may be
necessary to comply with such State or Federal laws (or New City Laws), provided that no Party
shall be bound to approve any amendment to this Agreement unless this Agreement is amended
in accordance with the procedures applicable to the adoption of development agreements as set
forth in the Development Agreement Statute and Tustin City Code and each Party retains full
discretion with respect thereto.
3.10.3 Public Health and Safety. Nothing in this Agreement shall preclude the
City Council of the City from adopting and applying New City Laws which the City Council of
the City finds are reasonably necessary to protect persons on the Site or in the immediate
community, or both, from conditions dangerous to their health or safety notwithstanding that the
applications of such New City Laws, or other similar limitation would result in the impairment of
Operator's Vested Rights under the Agreement or the Existing Land Use Regulations. In
determining whether any such New City Laws are reasonably necessary to protect persons as set
forth above, the City Council shall make findings, based on evidence presented to and accepted
by the City Council that the changes are reasonably necessary to protect the public health or
safety. The provisions of this Section 3.10.3 do not apply to any measure adopted by initiative.
3.10.4 Uniform Construction Codes and Regulations. Policies and rules
governing engineering and construction standards and specifications applicable to public and
private improvements, including all uniform codes adopted by City and any local amendments to
those codes adopted by City in the future shall apply to the Project and Site.
3.10.5 Police Power. The Parties acknowledge and agree that City cannot
contractually limit its own police power, its power to address actual or potential threats to public
health or safety, including but not limited to environmental regulations (including without
limitation NPDES) or its emergency authority or powers. The foregoing limitations,reservations,
and exceptions are intended to reserve to City all of its powers that cannot be limited. In all
respects not provided for in this Agreement, City shall retain full rights to exercise its police
powers to regulate development of the Project and Site. Any uses or development requiring a
concept plan, design review, tentative tract map, conditional use permit, variance, or other
Entitlement Approvals in accordance with Existing Land Use Regulations shall require a permit
or approval pursuant to this Agreement and notwithstanding any other provision set forth herein,
this Agreement is not intended to vest Operator's right to issuance of such permit or approval.
3.11. Processing.
3.11.1 Subsequent Entitlement Approvals. By approving the Entitlement
Approvals, City has made a final policy decision that the Project is in the best interests of the
public health, safety and general welfare. Accordingly, City shall not use its discretionary
authority in considering any application for a Subsequent Entitlement Approval, including, but
not limited to, the City's administrative consideration of, design review, conditional use permits
and subdivision maps, within the Project Site to change the policy decisions reflected by the
Entitlement Approvals or otherwise to prevent or delay development of the Project as set forth in
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the Entitlement Approvals. Instead, the Subsequent Entitlement Approvals shall be deemed to be
tools to implement those final policy decisions and shall be issued by City so long as they comply
with this Agreement and Applicable Rules and are not inconsistent with the Entitlement
Approvals as set forth above. City shall employ all lawful actions capable of being undertaken by
City to promptly (i) accept all complete applications for Subsequent Entitlement Approvals
(collectively, "Applications") and (ii) process and take action upon Applications in accordance
with Applicable Rules with a goal of completing the review within time frames identified in the
DDA; provided however, that City shall not be deemed in default under this Agreement should
such time frame(s)not be met. To the extent that Operator desires that City plan check or process
an Application on an expedited basis and to the extent that it requires an additional expense
beyond the customary expense applicable to the general public, City shall inform Operator of
such additional expense, including the cost of overtime and private consultants and other third-
parties. If acceptable to Operator, Operator shall pay the additional cost and City shall use best
efforts to undertake the most accelerated processing time as lawfully possible utilizing overtime
and the services of private consultants and third parties to the extent available. Upon the written
request of Operator, City shall inform Operator of the necessary application requirements for any
requested City approval or requirement relating to the Project. City may deny an application for
a Subsequent Entitlement Approval only if such application does not comply with the DDA, this
Agreement or Existing Land Use Regulations or is materially inconsistent with the Existing
Entitlement Approvals.
3.11.2 Filings. Operator shall exercise reasonable efforts to file applications for
permits and Entitlement Approvals within the time frames and schedules as generally outlined in
the DDA and shall exercise reasonable efforts to attempt to obtain permits and Entitlement
Approvals within the time frames identified in the DDA; provided, however, that failure solely
to comply with such time frame(s) shall not be deemed to be a default under this Agreement.
3.11.3 Cooperation. City and Operator shall cooperate in processing all
Applications for permits and approvals for the Project,provided, however, that such cooperation
shall not include any obligation of City to incur any un-reimbursed expense, and City shall be
entitled, subject to the terms of this Agreement, the DDA and Operator's rights hereunder, to
exercise all discretion to which it is entitled by law in processing and issuing any permits and
approvals for the Project.
3.11.4 Approvals. Notwithstanding any administrative or judicial proceedings,
initiative or referendum concerning any of the Entitlement Approvals, City shall process
applications for permits and approvals as provided herein to the fullest extent allowed by law and
Operator may proceed with development of the Project pursuant to the DDA, Existing Land Use
Regulations, and Entitlement Approvals to the fullest extent allowed by law.
3.12. Infrastructure and Public Facilities. If so required for the Project, construction of
infrastructure and public facilities will be as set forth in the DDA, inclusive of the Entitlement
Approvals (i.e.,public sidewalk).
3.13. Dedications. Operator and City acknowledge Operator will not be required to
dedicate any land to City or other public agencies.
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3.14. Regulation by Other Public Agencies. It is acknowledged by the Parties that other
public agencies not within the control of City may possess authority to regulate aspects of the
Project and development of the Site separately from or jointly with City and this Agreement does
not limit the authority of such other public agencies. City agrees to cooperate fully, at no out of
pocket cost to City, with Operator in obtaining any required permits or compliance with the
regulations of other public agencies provided such cooperation is not in conflict with any laws,
regulations or policies of City.
4. ANNUAL REVIEW.
4.1 Timing and Annual Review. The Tustin City Council shall review Operator's
performance under this Agreement at least every twelve(12)months from the Effective Date until
expiration of the Agreement. In connection with the review,both the City and Operator shall have
a reasonable opportunity to assert matters which either believes have not been undertaken in
accordance with this Agreement, to explain the basis for such assertion, and to receive from the
other party a justification of its position on such matters.
4.2. Review Procedure. City shall provide notice to Operator and deliver to Operator,
or its Successor-in-Interest, a copy of all public staff reports, documents and related exhibits
concerning City's review of Operator's performance hereunder at least thirty (30) days prior to
any date proposed for City Council review of performance under the Agreement.
4.2.1 Operator or its Successor-in-Interest shall demonstrate good faith
compliance with the terms of this Agreement and shall furnish evidence of good faith compliance,
as City, in its reasonable exercise of its discretion, may require. Evidence of good faith
compliance may include the following:
(a) conformance with the DDA and its scope of development and schedule
of performance;
(b) conformance with conditions of approvals of Design Review and
Density Bonus applications; and
(c) conformance with provisions of this Agreement identified by the City.
4.2.2 Operator or its Successor-in-Interest shall have the opportunity to respond
to City's evaluation of Operator's performance, either orally or in a written statement, at
Operator's election.
4.2.3 The City Council may refer the matter to the Planning Commission for
further proceedings or for a report and recommendation.
4.3. Notice of Non-Compliance. If on the basis of the annual review, the City
determines, based upon substantial evidence, or at any other time during the term of this
Agreement, either Party concludes that the other Party has not complied in good faith with the
terms of this Agreement, then such Party may issue a written "Notice of Non-Compliance"
specifying the grounds therefore and all facts demonstrating such non-compliance. The Party
receiving a Notice of Non-Compliance shall have forty-five (45) days to respond in writing to
said notice by specifying either how its non-compliance has been cured (or is diligently being
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cured) or the grounds upon which it believes that it is complying with this Agreement. The time
frame to respond to a Notice of Non-Compliance may be extended by mutual agreement of the
Parties. If the response to the Notice of Non-Compliance has not been received in the offices of
the Party alleging non-compliance within the prescribed forty-five(45)days, or within such other
period of time as mutually agreed,the Notice of Non-Compliance shall be conclusively presumed
to be valid, and if the non-complying Party is Operator, the City may commence proceedings on
termination or modification of the Agreement pursuant to the Tustin City Code and this
Agreement, including Section 4.4. If the Party receiving a Notice of Non-Compliance responds
within the time period provided above,the Parties agree to meet in good faith at reasonable times
and from time to time for a period of at least sixty (60) days to arrive at a mutually acceptable
resolution of the matters) asserted in the Notice of Non-Compliance and disputed in the response.
If after sixty (60) days, or any extension of time as mutually agreed to by the Parties, the Parties
have failed to arrive at a mutually acceptable resolution of such matter(s),either Party may pursue
any remedy at law or in equity, and the City may commence proceedings on termination or
modification of this Agreement pursuant to Sections 9617 and 9618 of the Tustin City Code and
Section 4.4 of this Agreement.
4.4. Modification or Termination. If the City Council determines to proceed with
modification or termination of this Agreement after following the procedure for a Notice of Non-
Compliance under Section 4.3 of this Agreement, the City Council shall give notice to Operator
or Successor-in-Interest thereto of its intention to do so. The notice of modification or termination
shall contain all the information required by Tustin City Code Section 9618. At the time and place
set for the hearing on modification or termination, the City Council may refer the matter back to
the Planning Commission for further proceedings or for a report and recommendation. The City
Council may take such action as it deems necessary to protect the interests of the City, including
but not limited to, the receipt of additional evidence as to Operator's compliance with the terms
of this Agreement. The decision of the City Council shall be final, subject only to judicial review
pursuant to California Code of Civil Procedure Section 1094.5(b).
4.5. Certificate of Agreement Compliance. If, at the conclusion of a periodic review,
Operator is found to be in compliance with this Agreement, City shall, upon request of the
Operator, issue a Certificate of Review Compliance to Operator stating that after the most recent
periodic review and based upon the information known or made known to the City Council that:
(1)this Agreement remains in effect, and(2) Operator is not in default. The Certificate of Review
Compliance shall be in recordable form, shall contain information necessary to communicate
constructive record notice of the finding of compliance, and shall state the anticipated date of
commencement of the next periodic review. Operator may record the Certificate of Review
Compliance with the County Recorder.
5. DEFAULT,REMEDIES,AND TERMINATION.
5.1. Default Procedure. In addition to procedures identified in Section 4.3 and/or 4.4
of this Agreement, a non-defaulting Party(the"Non-Defaulting Party") at its discretion may elect
to declare a default under this Agreement in accordance with the procedures hereinafter set forth
for any failure or breach of any other Party ("Defaulting Party") to perform any material duty or
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obligation of Defaulting Party in accordance with the terms of this Agreement and provided the
Notice of Non-Compliance procedures in Section 4.3 have first been exhausted. However, the
Non-Defaulting Party must provide written notice to the Defaulting Party setting forth the nature
of the breach or failure and the actions, if any, required by the Defaulting Party to cure such
breach or failure. The Defaulting Party shall be deemed to be in "default" of its obligations set
forth in this Agreement if the Defaulting Party has failed to take action and cure the default within
ten (10) days after the date of such notice (for monetary defaults) or within thirty (3 0) days after
the date of such notice (for non-monetary defaults). If, however, a non-monetary default cannot
be cured within such thirty (30) day period, so long as the Defaulting Party does each of the
following:
(a) notices the Non-Defaulting Party in writing with a reasonable explanation as
to the reasons the asserted default is not curable within the thirty (30) day
period;
(b) notices the Non-Defaulting Party in writing of the Defaulting Party's proposed
course of action to cure the default;
(c) promptly commences to cure the default within the thirty (30) day period;
(d) makes periodic written reports to the Non-Defaulting Party on the progress of
the program of cure, and:
(e) diligently prosecutes such cure to completion,
then the Non-Defaulting Party shall grant in writing the Defaulting Party such additional time as
determined by the Non-Defaulting Party as reasonably necessary to cure such default.
5.2. Default Remedies. After complying with Section 5.1, in the event of an uncured
default, the Non-Defaulting Party, at its option, may institute legal action to cure, correct, or
remedy such default, enjoin any threatened or attempted violation, enforce the terms of this
Agreement by specific performance, or pursue any other legal or equitable remedy.
Furthermore, City, in addition, or as an alternative, to exercising the remedies in this
Section 5.2, in the event of a material default by Operator, may give notice of its intent to
terminate or modify this Agreement pursuant to Section 4.4, in which event the matter shall be
scheduled for consideration and review by the City Council in the manner set forth in Tustin City
Code Section 9618. The decision of the City Council shall be final,subject only to judicial review
pursuant to California Code of Civil Procedure Section 1094.5(b).
5.3. Operator's Remedies. In the event that the City is in material default under this
Agreement, the Operator shall be entitled to any or all of the following remedies: (1) seeking
mandamus or special writs, injunctive relief, or specific performance of this Agreement; (2)
modifications or termination of this Agreement; or(3) seeking any other remedy available at law
or in equity,provided, however, except as provided in Section 8.10 (Attorney's Fees)below, the
Operator agrees and covenants on behalf of itself and it successors and assigns, not to sue City
for damages or monetary relief (i) for any breach of this Agreement, (ii) arising out of or
connected with any dispute, controversy, or issue regarding the application or effect of this
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Agreement, (iii) for consequential damages arising out of or connected with any dispute,
controversy, or issues regarding the application or effect of the Existing Land Use Regulations,
or any Development Permits or Entitlement Approvals sought in connection with development or
use of the Property or Project, or any portion thereof. Operator acknowledges that the City would
not have entered into this Agreement if the City could be held liable for general, special, or
compensatory damages for any default or breach arising out of this Agreement and that Operator
has adequate remedies other than general, special, or compensatory damages,to secure the City's
compliance with its obligations under this Agreement. Therefore, Operator agrees that the City,
its officers, employees and agents shall not be liable for any general, special or compensatory
damages and that this section shall apply to any successor, assignee or transferee of the Operator.
5.4. Third Party Legal Challenges. In the event of any legal action instituted by a third
parry challenging the validity or enforceability of any provision of this Agreement, the Existing
Land Use Regulations, the DDA (including without limitation the Development Plan), or
Entitlement Approvals for the Project ("Third Party Challenge"), Operator shall have the right
but not the obligation to defend any Third-Party Challenge, at its expense. Operator, in defending
any Third Party Challenge shall further have the right to settle such Third Parry Challenge,
provided that nothing herein shall authorize Operator to settle such Third Party Challenge on
terms that would constitute an amendment or modification of this Agreement, the Existing
Regulations, or Development Plan unless such amendment or modification is approved by the
City in accordance with applicable legal requirements, and City reserves its full legislative
discretion with respect thereto. City shall not incur any costs or take any actions to defend such
Third-Party Challenge without Operator's approval. Operator shall also indemnify and hold
harmless the City and its agents, officials and employees from and against all claims, losses, or
liabilities assessed or awarded against the City by way of judgment. settlement, or stipulation.
6. INDEMNITY BY OPERATOR.
Operator agrees to indemnify, defend, and hold harmless City, City's designees, and their
respective elected and appointed officials, boards, commissions, agents, contractors, and
employees from and against any and all actions, suits, claims, liabilities, losses, damages,
penalties, obligations and expenses (including but not limited to attorney's fees and costs)which
may arise, directly or indirectly,from the acts, omissions, or operations of Operator or Operator's
agents, contractors, subcontractors, agents, or employees pursuant to this Agreement, but
excluding any loss resulting from the intentional or active negligence of the City, City's designee,
or each of their respective elected and appointed officials, boards, commissions, officers, agents,
contractors, and employees. Operator shall select and retain counsel reasonably acceptable to the
City to defend any action or actions and Operator shall pay the cost thereof. The indemnity
provisions set forth in this Agreement shall survive termination of the Agreement.
7. MORTGAGEE PROTECTION.
Subject to any terms and provisions of the DDA, including any necessary approval(s) by
the City, relating to the encumbrance of the Project by any mortgage, deed of trust or other
security device, the Parties hereto agree that any Mortgagee of the Project shall be entitled to the
following rights and privileges:
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(a) This Agreement shall be superior to the lien of any mortgage. Notwithstanding the
foregoing,neither entering into this Agreement nor a breach of this Agreement shall defeat,render
invalid, diminish or impair the lien of any mortgage on the Project made in good faith and for
value, unless otherwise required by law, and any acquisition or acceptance of title or any right or
interest in or with respect to the Project, or any portion thereof,by a Mortgagee(whether pursuant
to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise) shall be
subject to the terms and conditions of this Agreement and any such Mortgagee who takes title to
the Project, or any portion thereof, shall be entitled to benefits arising under this Agreement.
(b) Each Mortgagee of any mortgage or deed of trust encumbering the Project, or any
part thereof, shall upon written request in writing to City, be entitled to receive written notice
from City of results of the Annual Review and of any default by Operator in the performance of
Operator's obligations under this Agreement.
(c) In addition to the City's obligations under Section 4.18(b) of the DDA, if City
timely receives a request from a Mortgagee requesting a copy of any notice of default given to
Operator under the terms of this Agreement, City shall provide a copy of that notice to the
Mortgagee. The Mortgagee shall have the right, but not the obligation, to cure the default during
the remaining cure period allowed such party under this Agreement(including any extended cure
period necessary in order to allow the Mortgagee to obtain title to the Project and cure the default).
(d) Any Mortgagee who comes into possession of the Project, or any part thereof,
pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall
take the Project, or part thereof, subject to the terms of this Agreement.Notwithstanding any other
provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under
this Agreement to perform any of Operator's obligations or other affirmative covenants of
Operator hereunder, or to guarantee such performance; except that (i) the Mortgagee shall have
no right to develop the Project without fully complying with the terms of this Agreement, the
DDA, Existing Land Use Regulations and Entitlement Approvals and (ii) to the extent that any
covenant to be performed by Operator is a condition precedent to the performance of a covenant
by City,the performance thereof shall continue to be a condition precedent to City's performance
hereunder.
Notwithstanding anything to the contrary contained above in this Section 7, any
Mortgagee shall be subject to all of the terms of the DDA, to the extent applicable pursuant to the
DDA to such Mortgagee.
8. MISCELLANEOUS PROVISIONS.
8.1. Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the Orange County Recorder by the City Clerk within ten(10) days
after City executes this Agreement, as required by Section 65868.5 of the Government Code. If
the Parties to this Agreement or their Successor-in-Interest amend or cancel this Agreement as
provided for herein and in Government Code Section 65868, or if City terminates or modifies this
Agreement as provided for herein and in Government Code Section 65865.1 for failure of
Operator to comply in good faith with the terms or conditions of this Agreement, the City Clerk
shall have notice of such action recorded with the Orange County Recorder.
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8.2. Entire Agreement. This Agreement and the DDA set forth and contains the entire
understanding and agreement of the Parties with respect to the matters set forth herein, and there
are no oral or written representations, understandings or ancillary covenants, undertakings or
agreements which are not contained or expressly referred to herein. No testimony or evidence of
any such representations, understandings or covenants shall be admissible in any proceeding of
any kind or nature to interpret or determine the terms or conditions of this Agreement.
8.3. Severability. If any term,provision, covenant, or condition of this Agreement shall
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be
affected thereby to the extent such remaining provisions are not rendered impractical to perform
taking into consideration the purposes of this Agreement.
8.4. Interpretation and Governing _Law. ThLaw. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the internal laws of the State of
California without reference to any choice of law or conflicts of law provisions. This Agreement
shall be construed as a whole according to its fair language and common meaning to achieve the
objectives and purposes of the parties hereto, and the rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not be employed in interpreting this
Agreement, all parties having been represented by counsel in the negotiation and preparation
hereof. Any decision of the City Council provided for herein or the DDA shall be final, subject
only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b).
8.5. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
8.6. Singular and Plural. As used herein, the singular of any word includes the plural.
8.7. Time of Essence. Subject to the following sentence, time is of the essence in the
performance of each provision of this Agreement. Whenever action must be taken (including the
giving of notice or the delivery of documents) under this Agreement during a certain period of
time or by a particular date that ends or occurs on a non-business day, then such period or date
shall be extended until the immediately following business day. As used herein, "business day"
means any day other than Saturday, Sunday, or a federal or California state holiday.
8.8. Waiver. Failure by a Party to insist upon the strict performance of any of the
provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights
upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and
demand strict compliance by the other Party with the terms of this Agreement thereafter.
8.9. No Third-Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the Parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
8.10. Attorney's Fees. If legal action is commenced to enforce or to declare the effect
of any provision of this Agreement,the prevailing Party shall be entitled to recover from the non-
prevailing Party actual and reasonable attorneys' fees and other litigation costs. In addition to the
foregoing award of attorneys' fees and other litigation costs to the prevailing Party,the prevailing
Party in any lawsuit or reference proceeding on this Agreement shall be entitled to its attorneys'
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fees and other litigation costs incurred in any post judgment proceedings to collect or enforce the
judgment. This provision is separate and several and shall survive the merger of this Agreement
into any judgment on this Agreement. This provision shall survive termination of this Agreement.
8.11. Force Majeure.
8.11.1 Time periods for performance of any obligations under this Agreement
may be extended for Force Majeure Delay as defined in section 8.11.4, except that in no event,
shall the Term set forth in Section 2.3 of this Agreement be extended by an event of Force Majeure
Delay.
8.11.2 In the event of a lawsuit,referendum,or initiative which constitutes a Force
Majeure Delay and which directly affects the ability of the claiming Party to meet its non-
monetary obligations under this Agreement, including the deadlines imposed by the DDA's
Schedule of Performance, or the ability of the Operator to Complete the Project for a period of
more than two years, the Parties shall meet and confer on mutually acceptable ways or
modifications to the Project to proceed with development thereof notwithstanding such lawsuit,
referendum or initiative. In the event that the Parties are unable to agree, the question of whether
the extension of such period of Force Majeure Delay beyond two years is reasonable under the
circumstances will be presented to the City Council(with reasonable notice to and an opportunity
to be heard by the Operator). The City Council may then decide based on its good faith
deliberations to either permit the extension of such period of Force Majeure Delay or proceed
with its remedies under this Agreement. The decision of the City Council shall be final, subject
only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b).
8.11.3 If any Party (the "First Party")believes that an extension of time is due to
Force Majeure Delay, it shall notify the other Party (the "Second Party") in writing within thirty
(30)calendar days from the date upon which the First Party becomes aware of such Force Majeure
Delay, describing the Force Majeure Delay, when and how the First Party obtained knowledge
thereof, the date the event commenced, the steps the First Party anticipates taking to respond to
such Force Majeure Delay, and the estimated delay resulting from such Force Majeure Delay and
response. The extension for Force Majeure Delay shall be granted or denied in the Second Party's
reasonable discretion. If the First Party fails to notify the Second Party in writing of its request
for a given Force Majeure Delay within the thirty (30) calendar days specified above, there shall
be no extension for such Force Majeure Delay.
8.11.4 For purposes of this Section 8, "Force Majeure Delay" shall mean a delay
caused by an actual impossibility to perform due to war, insurrection, riots, floods, earthquakes,
fires, casualties, acts of God, acts of the public enemy, acts or omissions of another party, or acts
or failures to act by any other public or governmental authority or entity (except acts or failures
to act of the City). Unless causing an actual impossibility of performance by a Party,
governmental orders and actions, including business closure or shelter in-place orders, regarding
COVID-19, disease, or pandemic shall not constitute a Force Majeure Delay.
8.12. Successor-in-Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, any Successor-in-Interest to the Parties to this
Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
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constitute covenants running with the land. Each covenant to do or refrain from doing some act
hereunder with regard to development of the Project: (a) is for the benefit of and is a burden upon
every portion of the Project; (b)runs with the Project and each portion thereof, and, (c)is binding
upon each Party and each Successor-in-Interest during ownership of the Project, or any portion
thereof.
8.13. Counterparts. This Agreement may be executed by the Parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
8.14. Jurisdiction and Venue. Subject to the provisions of Section 5 above, any action at
law or in equity arising under this Agreement or brought by a Party hereto for the purpose of
enforcing, construing or determining the validity of any provision of this Agreement shall be filed
and tried in the Superior Court of the County of Orange, State of California and the Parties hereto
waive all provisions of law providing for the filing, removal, or change of venue to any other
court.
8.15. Project as a Private Undertaking. It is specifically understood and agreed by and
between the Parties hereto that the development of the Project is a private development, that
neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership,joint venture or other association of any kind is formed by this
Agreement. The only relationship between City and Operator is that of a government entity
regulating the development of private property and Operator of such property.
8.16. Further Actions and Instruments. Each of the Parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the
performance of all obligations under this Agreement and the satisfaction of the conditions of this
Agreement. Upon the request of either Party at any time, the other Party shall promptly execute,
with acknowledgment or affidavit if reasonably required, and file or record such required
instruments and writings and take any actions as may be reasonably necessary under the terms of
this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence
or consummate the transactions contemplated by this Agreement.
8.17. Estoppel Certificate. Any Party hereunder, may at any time, deliver a written
notice to the other Party requesting such Party to certify in writing that, to the best knowledge of
the certifying Party: (a) this Agreement is in full force and effect and a binding obligation of the
Party; (b) this Agreement has not been amended or modified either orally or in writing, or if so
amended, identifying the date and nature of the amendments to this Agreement, but it remains in
full force and effect as modified, and a continuing binding obligation of the Party; and (iii) the
requesting Party is not in default in performance of their obligations set forth in the Agreement,
or if the Party is in default,provide a description thereof of the nature of such default(s). A Party
receiving a request hereunder shall execute and return such certificate within thirty (30) days
following receipt thereof. Any third party, including a mortgagee shall be entitled to rely on the
certificate. Operator shall pay to City all costs incurred by City in connection with the issuance
of estoppel certificates.
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8.18. Authority to Execute. The person or persons executing this Agreement on behalf
of each Party warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of such Party and warrants and represents that he or she/they has/have the
authority to bind such Party to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the
dates hereinafter respectively set forth.
FAMILY PROMISE OF ORANGE COUNTY, INC.,
a California non-profit corporation
By:
Bernd Steinebrunner, President
By:
Susan Currie, Secretary
CITY OF TUSTIN, a municipal corporation,
By:
Matthew S. West, City Manager
ATTEST:
By:
Erica N. Yasuda, City Clerk
TUSTIN HOUSING AUTHORITY,
a local housing authority,
By:
Matthew S. West, Executive Director
ATTEST:
By:
Erica N. Yasuda, Clerk of the Board
APPROVED AS TO FORM:
By:
David E. Kendig, City Attorney
Housing Authority General Counsel
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EXHIBIT A
Legal Description
1941 El Camino Real,Tustin,CA 92780
THE LAND REFERRED TO IN THIS REPORT 1S SITUATED IN THE STATE OF
CALIFORNIA COUNTY OF ORANGE, City OF TUSTIN, AS DESCRIBED AS
FOLLOWS:
THE NORTHWESTERLY 230 FEET OF THE SOUTHEASTERLY 386 FEET OF THE.
NORTHEASTERLY 210 FEET OF THE SOUTHWESTERLY 240 FEET OF THE
SOUTH QUARTER OF LOT 29 IN BLOCK 12 OF IRV NE'S SUBDIVISION,. AS
SHOWN ON A MAP RECOIDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS
RECORD MAPS,RECORDS OF ORANGE COUNTY,CALIFORNIA.
APN 500-071-12
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EXHIBIT B
Site �iap
01
,tt
f m
{` 1941 El Camino Real
r
4
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EXHIBIT B
RESOLUTION NO. 4418
CONDITIONS OF APPROVAL
DEVELOPMENT AGREEMENT 2020-0002
DESIGN REVIEW 2020-0011
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped February 9, 2021, on file with the Community
Development Department, as herein modified, or as modified by the
Community Development Director in accordance with this Exhibit. The
Community Development Director may also approve subsequent minor
modifications to plans during plan check if such modifications are consistent
with provisions of the Tustin City Code (TCC).
Any changes in the approved project shall be subject to the review and
approval of the Community Development Department. The Community
Development Director may approve subsequent minor modifications to
plans during plan check if such modifications are consistent with provisions
of the TCC.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall
be complied with as specified, subject to review and approval by the
Community Development Department.
(1) 1.3 This approval shall become null and void unless substantial construction is
underway within twelve (12) months of the date the Development
Agreement becomes effective. Time extensions may be granted if a written
request and associated fee are received by the Community Development
Department and Economic Development Department within thirty (30)days
prior to expiration.
(1) 1.4 Approval of Design Review (DR) 2020-0011 and Development Agreement
(DA) 2020-0002 is contingent upon the applicant and property owner
signing and 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 Community Development Director, 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
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Exhibit B
Resolution No. 4418
Page 2
(1) 1.5 As a condition of approval of DR 2020-0011 / DA 2020-0002, the applicant
shall agree, at its sole cost and expense, to defend, indemnify, and hold
harmless the City, its officers, employees, agents, and consultants, from any
claim, action, or proceeding brought by a third party against the City, its
officers, agents, and employees, which seeks to attack, set aside,
challenge, void, or annul an approval of the City Council, the Planning
Commission, or any other decision-making body, including staff, concerning
this project. The City agrees to promptly notify the applicant of any such
claim or action filed against the City and to fully cooperate in the defense of
any such action. The City may, at its sole cost and expense, elect to
participate in the defense of any such action under this condition.
(1) 1.6 DR 2020-0011 / DA 2020-0002 may be reviewed annually or more often, if
deemed necessary by the Community Development Department, to ensure
compatibility with the area and compliance with the conditions contained
herein. If the use is not operated in accordance with the conditions of
approval or is found to be a nuisance or negative impacts are affecting the
surrounding tenants or neighborhood, the Community Development
Director may impose additional conditions to eliminate the nuisance or
negative impacts.
(1) 1.7 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to Tustin City Code (TCC) Section
1162(a).
(1) 1.8 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
(1) 1.9 Applicant shall comply with the executed Development Agreement (DA)
2020-0002,associated Disposition and Development Agreement (DDA),
and the Housing Agreement.
(1) 1.10 This approval shall become null and void if the DA for the project is not
approved and executed.
USE RESTRICTIONS
(1), 2.1 The use shall consist of a 7,681 square foot multi-family building to
(5) provide short-term transitional housing and services for qualified families
with children who are experiencing homelessness or at risk of
experiencing homelessness. The facility shall consist of seven (7)
residential units, a multi-purpose room with on-site laundry facility, family
resource center, and an outdoor play area and exterior courtyard, and
fourteen (14) parking stalls.
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Exhibit B
Resolution No. 4418
Page 3
(1), 2.2 The project shall not be used as an emergency shelter for those
(5) experiencing homelessness and shall not operate as such.
(1), 2.3 The project shall include a resource center to provide a wide range of
(5) support services and programs, including career development, case
management, education, budgeting and credit repair, computer and
internet services, and life skill classes to onsite residents and to an
additional twenty (20) families each month consistent with the approved
DA for Short-Term Transitional Housing.
(1), 2.4 Selection criteria for family placement in the project shall be such that
(5) families with ties to the City of Tustin receive preferential placement, and
the applicant shall use its best efforts to have all units occupied by families
with direct ties and connections to the City of Tustin.
(1), 2.5 The project shall ensure continued affordable rent for very-low income
(5) families for at least fifty-five (55) years.
(1), 2.6 Within thirty (30) days of approval of the applicant's request for the density
(5) bonus and/or concession, the applicant shall submit a Housing Incentive
Agreement to the City in compliance with TCC Section 9142.
(1), 2.7 All parking spaces shall be maintained as shown on the approved Site Plan.
(5) Any changes to the number, location, or size of parking spaces shall be
reviewed and approved by the Community Development Director.
SITE AND BUILDING DESIGN
(1,4) 3.1 Project materials shall substantially comply with those identified in the
approved plans (as such plans may be modified pursuant to the
Conditions of Approval). Additional color and material samples may be
requested by City staff at the time of plan check. Substitutions to the
approved materials may occur subject to the approval of the Community
Development Director. Enhancements to the architectural detailing may
be required at the time of plan check based on the proposed materials.
(1,4) 3.2 Applicant shall submit a complete set of plans prepared by a California
registered architect or civil engineer to the Building Division to obtain a
permit for the new tenancy. Plans shall include site plan, existing floor
plans, proposed floor plans, mechanical, electrical and plumbing plans.
(1,4) 3.3 At plan check, the applicant shall submit plans for solar array to the
Building Division for issuance of a permit. The solar panel shall be located
in such a way to minimize the visual impact to the building.
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Exhibit B
Resolution No. 4418
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(1,4) 3.4 The applicant and owner are responsible for ensuring that information
contained in construction drawings is consistent among architectural,
structural, grading, electrical, mechanical, plumbing, fire, utility and public
improvement plans as well as other construction drawings.
(1,4) 3.5 All exterior stucco shall be applied in 20/30 mix.
(1,4) 3.6 In accordance with the submitted noise analysis, all units shall be
constructed with appropriate sound attenuation to achieve the minimum
noise level standards pursuant to the City's Noise standards. Prior to
issuance of Certificate of Occupancy, the units shall be analyzed and
certified for compliance with the City's Noise standards.
(1,4) 3.7 All rooftop mounted equipment shall be installed so as not to be visible
from the public right-of-way and parking lot areas and in accordance with
the approved plans. No rooftop mounted equipment shall be visible from
public view. Compliance with this condition shall be verified at plan check
and at field inspection.
(1,4) 3.8 All utilities shall be installed underground.
(1), 3.9 Utility meters located outside of the building shall be screened with
(5) landscaping to the greatest extent possible. Electrical transformers shall
be located in areas with room for landscape screening to be planted
outside the required access space.
*** 3.10 Backflow devices and double detector checks shall be painted to match
surrounding landscaping when in planters or painted to match the building
when located adjacent to the building. Landscaping shall be utilized to
screen the devices where possible.
(1), 3.11 Prior to the issuance of building permits, the applicant shall submit for
(5) review and approval a photometric lighting plan showing compliance with
the Tustin Security Code, which is:
a. A maintained minimum one (1) foot-candle of light on the parking
surfaces.
b. A maintained minimum of one-quarter (0.25)foot-candle of light on
the walking surfaces.
LANDSCAPING
(1), 4.1 At plan check, submit detailed landscaping and irrigation plans for all
(6) landscaping areas. Landscape plans shall comply with the City's Water
Efficient Landscape Ordinance and Ordinance No. 1457, regarding the
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Exhibit B
Resolution No. 4418
Page 5
water conservation requirements stipulated in the Governor's Executive
Order B-29-15 and the City's Water Management Plan.
(1), 4.2 All landscaping shown on plans shall be installed and maintained by the
(6) property owner and shall include screening of any proposed detector
check valve water systems and electrical transformers. In addition to
shrubs and ground cover, vines shall be planted in the planter area
adjacent to the trash enclosure. All vine planting shall include support ties
to establish the vines on the walls. Landscaping shall be installed prior to
final inspection of the project.
(1), 4.3 The Community Development Department may request minor
(6) substitutions of plant materials or request additional sizing or quantity of
materials during plan check.
(1), 4.4 The landscape plans shall note that coverage of landscaping and
(6) irrigation materials is subject to inspection at project completion by the
Community Development Department.
(1), 4.5 All plant materials shall be installed in a healthy vigorous condition typical
(6) 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.
(6) 4.6 Root barriers shall be installed as needed in areas where trees are
planted in close proximity to hardscape and/or structures.
SIGNAGE
(1,4) 5.1 All signs shall comply with the TCC and shall be compatible with the
building design. Sign plans shall be submitted to the Community
Development Department for approval prior to issuance of sign permit. All
signage must have a valid sign permit, if applicable.
(1,4) 5.2 A sign permit shall be applied for and obtained from the Community
Development Department prior to constructing, erecting, altering,
replacing, moving, or painting any sign, except for signs exempt from a
permit according to the Tustin Sign Code. Permit applications shall be
accompanied by information as required for a standard sign plan or
master sign plan, pursuant to the Tustin Sign Code.
(1,4) 5.3 All signs shall be structurally safe and maintained in good condition at all
times. The Community Development Director shall have the authority to
order repair, replacement, or removal of any signs which constitute a
hazard or nuisance to the safety, health, or public welfare by reason of
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Exhibit B
Resolution No. 4418
Page 6
inadequate maintenance, dilapidation, or obsolescence.
(1,4) 5.4 All signs shall be constructed of a non-corrosive, rust-resistant finish so
as not to degrade in adverse weather conditions.
(1,4) 5.5 The locations for any signs shall comply with the City of Tustin Guidelines
for Determining Sign Location Visual Clearance and Public Safety Areas.
Signs shall not be placed in a manner that will obstruct or inhibit sight
distance or visibility for the motorist. At plan check submittal, all signs
shall be clearly identified on plans as to the exact locations. Any signs in
proximity to the public right-of-way that could impact driver sight shall be
shown at a larger scale that will be adequate for plan check purposes.
BUILDING PLAN SUBMITTAL
(1), 6.1 All construction shall comply with 2019 California Building Code,
(3) California Mechanical Code, California Electrical Code, California
Plumbing Code, California Green Code, California Energy Codes and City
Ordinances, State and Federal laws, and other regulations as adopted by
the City Council of the City of Tustin.
(1), 6.2 The applicant shall apply for and obtain building permits for construction
(3) of the proposed project. Architectural plans, egress plans, plumbing,
mechanical, electrical and structural plans along with elevator plans shall
be submitted with the permit application
(1), 6.3 Plans submitted for plan check shall include:
(3)
Definition: PUBLIC HOUSING. [DSA-AC & HCD 1-AC] Housing
facilities owned, operated, or constructed by, for or on behalf of a public
entity including but not limited to the following:
• Publicly owned and/or operated one- or two-family dwelling units
or congregate residences;
• Publicly owned and/or operated buildings or complexes with three
or more residential dwelling units;
• Public housing as defined in Chapter 2 of California Building Code
is subject to provisions of the Division of the State Architect (DSA-
AC) in Chapter 11B. Newly constructed covered multifamily
dwellings, which can also be defined as public housing, shall be
subject to the requirements of Chapter 11A and Chapter 11 B.
Note: A public entity's program to provide housing may include but is
not limited to: the allocation of local, state, or federal financial assistance,
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Exhibit B
Resolution No. 4418
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Community Development Block Grants, Low Income Housing Tax
Credits, the California Multifamily Housing Program, loan agreements and
housing bonds. Examples that are not considered a public entity's
program to provide housing may include but are not limited to: density
bonuses, the receipt of public funds for the installation of energy efficiency
features, seismic strengthening, water conservation and fire safety
features. For additional information see "Guide to Public Housing
Regulated in Chapter 11B of the California Building Code "and the
"California Access Compliance Advisory Reference Manual "available on
the Division of the State Architect's website.
(1), 6.4 CBC 1104A.1 : All ground-floor dwelling units in nonelevator buildings
(3) shall be adaptable and on an accessible route.
(1), 6.5 Accessible parking spaces shall be provided at a minimum rate of two
(3) percent (2%) of the covered multi family dwelling units. (2% x7 units= 1).
(1), 6.6 When parking is provided for covered multi-family dwellings and is not
(3) assigned to a resident or a group of residents, at least five percent (5%)
of the parking spaces shall be accessible and provide access to grade-
level entrances of covered multifamily dwellings and facilities (e.g.,
swimming pools, club houses, recreation areas, and laundry rooms) that
serve covered multifamily dwellings. Accessible parking spaces shall be
provided with signage as required by Section 1109A.8.8. Such signage
shall not be blocked from view by a vehicle parked in the space.
CBC 2016, section 1109A.5. (5% x 15 spaces=1).
When assigned parking is provided, designated accessible parking for the
dwelling unit shall be provided on requests of residents with disabilities
with the same terms and with the full range of choices (e.g. carport or
garage)that are available to other residents. CBC 2016, Section 1109A.6.
(1), 6.7 When practical, the accessible route shall not cross lanes for vehicular
(3) traffic. When crossing vehicle traffic lanes is necessary, the accessible
route shall be designated and marked as a crosswalk. (CBC 1109A.7)
(1), 6.8 Accessible parking spaces shall be located so that persons with
(3) disabilities are not compelled to wheel or walk behind parked cars other
than their own. (CBC 1109A.7)
(1), 6.9 Accessible van parking spaces shall have access isle located on the
(3) passenger side of the vehicle with the vehicle parked in the forward
position. The width of parking space shall be nine (9) feet and access isle
shall be eight (8) feet wide.
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Exhibit B
Resolution No. 4418
Page 8
(1), 6.10 The ground immediately adjacent to the foundation shall be sloped away
(3) from the building at a slope of not less than one (1) unit vertical in 20 units
horizontal (five percent (5%) slope) for a minimum distance of ten (10)
feet measured perpendicular to the face of the wall. If physical
obstructions or lot lines prohibit ten (10) feet of horizontal distance, a five
percent (5%) slope shall be provided to an approved alternative method
of diverting water away from the foundation. Swales used for this purpose
shall be sloped not less than two percent (2%) where located within ten
(10) feet of the building foundation. Impervious surfaces within ten (10)
feet of the building foundation shall be sloped not less than two percent
(2%) away from the building. (CBC 1804.4)
(1), 6.11 Comply with California Green Building, Section 4.106.4.2 to facilitate
(3) future installation and use of EV chargers. Ten percent (10%) of the total
number of parking spaces on a building site shall be EV charging spaces
capable of supporting future EVSE. Calculation for the required number
of EV spaces shall be rounded up to the nearest whole number.
Construction Documents are intended to demonstrate the project's
capacity for facilitating future EV charging.
(1), 6.12 Comply with California Energy Code, Section 110.10 mandatory
(3) requirements for solar ready buildings. Low-rise multifamily buildings that
do not have a photovoltaic system installed shall comply with the
requirements of section 110.10(b)through 110.10(d). The solar zone shall
be located on the roof or overhang of the building or on the roof or
overhang of another structure located within 250 feet of the building and
shall have a total area not less than fifteen percent (15%) of the total area
of the building excluding any skylight area.
(1), 6.13 Common use facilities for public use facilities shall be designed per CBC
(3) Chapter 11 B.
(1), 6.14 Recycling areas shall have a solid roof or awning and shall be enclosed
(3) by masonry wall with access which effectively obscures the contents
placed within the enclosure. Trash enclosures with only enough space for
dumpsters used as point of waste disposal only are not employee
workplaces; however, they are part of the facility on the site and as such,
must have an accessible route to it, similar to common area facilities such
as storage rooms. The accessible route may terminate at a complying
door with strike edge clearance and complying hardware, but entry to the
enclosure itself is not required. The dumpsters themselves are not
regulated by CBC Chapter 11 B.
(1), 6.15 Trash enclosures shall have a solid roof or awning and shall be enclosed
(3) by masonry wall with access which effectively obscures the contents
placed within the enclosure. Trash enclosures with only enough space for
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Exhibit B
Resolution No. 4418
Page 9
dumpsters used as point of waste disposal only are not employee
workplaces; however, they are part of the facility on the site and as such,
must have an accessible route to it, similar to common area facilities such
as storage rooms. The accessible route may terminate at a complying
door with strike edge clearance and complying hardware, but entry to the
enclosure itself is not required. The dumpsters themselves are not
regulated by CBC Chapter 11 B.
(1), 6.16 Public housing facilities with residential dwelling units shall comply with
(3) Section 11 B-233.
(1), 6.17 All direct service overhead powerlines serving the property shall be
(3) relocated underground.
PUBLIC WORKS DEPARTMENT
WQMP CONDITIONS
(1) 7.1 Prior to issuance of any permits, the applicant shall submit for approval
by the Community Development and Public Works Departments, a Water
Quality Management Plan (WQMP). The Priority WQMP, it shall identify
Low Impact Development (LID) principles and Best Management
Practices (BMPs) that will be used on-site to retain storm water and treat
predictable pollutant run-off. The Priority WQMP shall identify: the
implementation of BMPs, the assignment of long-term maintenance
responsibilities (specifying the developer, parcel owner, maintenance
association, lessees, etc.), and reference to the location(s) of structural
BMPs.
(1) 7.2 Prior to submittal of a WQMP, the applicant shall submit a deposit of
$2,700.00 to the Public Works Department for the estimated cost of
reviewing the WQMP.
(1) 7.3 Prior to issuance of any permits, the applicant shall record a Covenant
and Agreement Regarding O & M Plan to Fund and Maintain Water
Quality BMPs, Consent to Inspect, and Indemnification" with the County
Clerk-Recorder. This document shall bind current and future owner(s) of
the property regarding implementation and maintenance of the structural
and non-structural BMPs as specified in the approved Priority WQMP.
STREET IMPROVEMENT CONDITIONS
(1) 7.4 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.
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Exhibit B
Resolution No. 4418
Page 10
(1) 7.5 The applicant shall complete street improvements on EI Camino Real
along the project frontage consisting of:
a. Design and construct full width concrete sidewalk, curb and gutter
along property frontage on EI Camino Real.
b. Proposed driveway apron shall be designed and constructed per
the most current City of Tustin commercial driveway apron
standard with a minimum width of 27 ft.
c. Current Federal Americans with Disabilities Act (ADA)
requirements shall be met at all driveways and sidewalks adjacent
to the site. City of Tustin standards shall apply, unless otherwise
approved by the City Engineer.
d. These public improvements shall be designed prior to issuance of
any City of Tustin Building Permit. The public improvements shall
be completed prior to release of occupancy.
(1) 7.6 The applicant shall submit to the Public Works Department 24" x 36"
reproducible street improvement plans, as prepared by a California
Registered Civil Engineer, for approval. The plans shall clearly show
existing and proposed surface and underground improvements, including
construction and/or replacement of any missing or damaged public
improvements adjacent to this development.
(1) 7.7 Prior to issuance of an Encroachment Permit for construction within the
public right-of-way, a 24" x 36" construction area traffic control plan, as
prepared by a California Registered Traffic Engineer, or Civil Engineer
experienced in this type of plan preparation, shall be prepared and
submitted to the Public Works Department for approval.
(1) 7.8 Any water improvement plans must follow the latest City of Tustin Water
Standards and the American Water Works Association (AWWA)
guidelines. In case of a conflict, the City of Tustin Water Standards shall
prevail.
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Exhibit B
Resolution No. 4418
Page 11
(1) 7.9 A backflow prevention device may be required to protect the public water
system from cross connections.
A. If a double check detector assembly (DCDA) is required, an
easement for public utility access purposes must be dedicated
to the City of Tustin. The easement shall start from the public
right-of-way up to the DCDA with a minimum distance of five (5)
feet all around the DCDA to allow for unobstructed access,
inspection, testing, and maintenance.
B. If a building sprinkler system is required by the Orange County
Fire Authority (OCFA), the applicant shall be required to provide
a backflow prevention device at his or her expense to prevent
cross contamination with the public water system.
C. If the applicant proposes to use an irrigation system, then a
separate water meter will be required. If this is the case, a
reduced pressure principle assembly (RPPA) shall be required
to prevent cross-connection with the public water system.
(1) 7.10 Any easements for construction and maintenance of public water facilities
within private property shall be reviewed and approved by the Public
Works Department prior to recordation with the Orange County Clerk-
Recorder. The applicant shall submit a legal description and sketch of the
area to the Public Works Department for review and approval, as
prepared by a California Registered Civil Engineer or California Licensed
Land Surveyor.
(1) 7.11 The applicant is responsible for all costs related to the installation,
upgrade, alteration, relocation or abandonment of all existing City of
Tustin public water facilities affected by the proposed project.
(1) 7.12 The applicant's project is within the East Orange County Water District
(EOCWD) service area. Prior to issuance of any permit, the applicant
shall provide written approval from the EOCWD sewer and water service
approval. The applicant shall submit a sewer and water permit application
to EOCWD, and is responsible for all application, connection and other
EOCWD fees.
(1) 7.13 The adequacy of a proposed water system plan for a proposed
development project, including the number, size and distribution of fire
hydrants, must be reviewed by the Orange County Fire Authority (OCFA).
Plans meeting OCFA fire protection requirements must be stamped and
approved by that agency.
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Exhibit B
Resolution No. 4418
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7.14 The proposed domestic water system plans must conform to all applicable
regulations enforced by the Orange County Health Department.
SOLID WASTE RECYCLING CONDITIONS
(1) 7.15 Facility Solid Waste Collection and Recycling Plan.
A. The applicant, property owner, and/or tenant(s) are required to
participate in the City's recycling programs.
B. Waste and Recycling collection facilities shall be equally and
readily accessible by the property owner(s) or tenant(s).
C. Waste and Recycling collection facilities must be placed in a
location that can be easily and safely accessed by the solid
waste hauler while utilizing either front loader or side loading
equipment.
D. Adequate collection capacity shall be provided to ensure that
collection frequency shall not exceed four times per week for
commercial customers.
E. All trash enclosures shall be designed with roof and be able to
accommodate at least two (2) 4-yard bins, with at least one (1)
bin reserved for recyclable materials. Space for a container for
organics is also required as described in Section 15G below.
F. Prior to the approval of a site plan or 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.
G. All developments are required to provide space for the collection
of organic materials. Organics are collected in 35-gallon and 65-
gallon wheeled carts, and 2-yard bins. The size of the organics
container will be dependent upon the use and size of the
building. Organics can be collected six (6) days per week to
minimize the space required for a container.
(1) 7.16 Any damage done to existing public street improvements and/or utilities
shall be repaired to the satisfaction of the City Engineer before issuance
of a Certificate of Occupancy.
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Exhibit B
Resolution No. 4418
Page 13
ORANGE COUNTY FIRE AUTHORITY
(1), 8.1 Plan Submittal: The applicant or responsible party shall submit the plan(s)
(5) listed below to the OCFA for review. Approval shall be obtained on each
plan prior to the event specified.
Prior to OCFA clearance of a final map or issuance of a precise grading
permit or a building permit, if a grading permit is not required:
• Fire Master Plan (PR145)
• Prior to concealing interior construction:
• Fire alarm system (service code PR500-PR520)
• Fire sprinkler system (service code PR420-PR440)
Specific submittal requirements may vary from those listed above
depending on actual project conditions identified or present during design
development, review, construction, inspection, or occupancy. Portions of
the project that are deferred shall be subject to the codes, standards, and
other applicable requirements in force on the date that the deferred plan
is submitted to OCFA. Standard notes, guidelines, informational bulletins,
submittal instructions, and other information related to plans reviewed by
the OCFA may be found by visiting ocfa.org and clicking on "Business,
Planning & Development Services" in the menu bar at the top of the
screen.
(5) 8.2 Temporary/Final Occupancy Inspections:
Prior to issuance of temporary or final certificate of occupancy, all OCFA
inspections shall be completed to the satisfaction of the OCFA inspector
and be in substantial compliance with codes and standards applicable to
the project and commensurate with the type of occupancy (temporary or
final) requested. Inspections shall be scheduled at least five days in
advance by calling OCFA Inspection Scheduling at 714-573-6150.
(5) 8.3 Lumber-drop Inspection:
After installation of required fire access roadways and hydrants, the
applicant shall receive clearance from the OCFA prior to bringing
combustible building materials on-site. Call OCFA Inspection Scheduling
at 714-573-6150 with the Service Request number of the approved fire
master plan at least five days in advance to schedule the lumber drop
inspection.
(5) 8.4 Emergency Responder Digital Radio System:
Evidence of compliance with emergency responder digital radio system
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Exhibit B
Resolution No. 4418
Page 14
performance criteria shall be provided prior to occupancy. Refer to OCFA
Guideline E-03 or the local jurisdiction's emergency responder radio
ordinance, as applicable, for requirements.
FEES
(1) 9.1 Prior to issuance of each building permit, payment shall be made of all
applicable fees, including but not limited to, the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
A. Building plan check and permit fees to the Community Development
Department based on the most current schedule at the time of permit
issuance.
B. Engineering plan check and permit fees to the Public Works
Department based on the most current schedule at the time of permit
issuance.
C. OCFA plan check and inspection fees to the Community Development
Department based upon the most current schedule at the time of
permit issuance.
D. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public
Works Department are required at the time a building permit is issued.
E. Water and sewer connection fees to the Irvine Ranch Water District.
F. New residential construction fees in the amount of three-hundred-and-
fifty dollars ($350.00) per unit plus one-hundred dollars ($100.00) for
each bedroom over one (1) in each unit.
G. School facilities fee in the amount as required by Tustin Unified School
District.
(1) 9.2 Within forty-eight (48) hours of approval of the subject 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
the 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.