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HomeMy WebLinkAbout03 PC REPORT CITY VENTURES REVISED 10-9-23 1 J AGENDA REPORT ITEM #3 MEETING DATE: OCTOBER 10, 2023 TO: PLANNING COMMISSION FROM: JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SUBDIVISION MAP (SUB) 2023-0003/VESTING TENTATIVE TRACT MAP (VTTM) NO. 19164 FOR CONDOMINIUM PURPOSES, DESIGN REVIEW (DR) 2023-0019, FINAL APPROVAL OF RESIDENTIAL ALLOCATION RESERVATION (RAR) 2023-0001, DENSITY BONUS CONCESSION/WAIVER REQUESTS; DEVELOPMENT AGREEMENT (DA) 2023-0002 APPLICANT: KAREN ALVES CITY VENTURES HOMEBUILDING, LLC 3121 MICHELSON DRIVE, SUITE 150 I RV I N E, CA 92612 KALVES(a)CITYVENTU RES.COM PROPERTY MICHAEL KIM OWNER: TUSTIN CAPITAL LLC 3701 WILSHIRE BLVD., SUITE 820 LOS ANGELES, CA 90010 JPY(a)-THEMODERN FLAT.COM LOCATION: 14042 NEWPORT AVENUE (APN NOS. 432-074-077 08 & 09) GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP), SP-12 ZONING: DEVELOPMENT AREA 6C (DA-6C SUBAREA) OF THE DCCSP, SP-12 City Ventures Planning Commission October 10, 2023 Page 2 REQUESTS: 1. SUB 2023-0003 / VTTM No. 19164 to subdivide the existing three (3) parcels to one (1) lot for condominium purposes to construct a total of forty-two (42) units including forty (40) market rate and two (2) affordable units; 2. DR 2023-0019 for site layout and building design; 3. Final Approval of Residential Allocation Reservation (RAR) 2023-0001; 4. Density Bonus request with five (5) percent of units identified as very-low income housing with a request for density bonus of twenty (20) percent (35 base units, plus 7 density bonus units); one (1) concession to remove the requirement for full replacement of frontage improvements along El Camino Real; two (2) waivers to reduce the minimum required ground floor commercial development standards within the live/work units that include the interior depth from forty-five (45) feet to thirteen (13) feet eight (8) inches (13'-8") and first (1st) floor plate height of the live/work units from sixteen (16) feet to ten (10) feet one (1) inch (10'1"); and use of State Density Bonus Law parking standards, which allow tandem parking; and 5. DA 2023-0002, consistent with the requirements of the DCCSP. ENVIRONMENTAL: On June 19, 2018, the Tustin City Council adopted Resolution No. 18-24 adopting and certifying the Final Environmental Impact Report (EIR) for the Downtown Commercial Core Specific Plan (DCCSP). The project has been evaluated pursuant to the California Environmental Quality Act ("CEQA") and determined to be exempt pursuant to Section 15182(c) of the State CEQA Guidelines (Cal. Code of Regs., Title 14, Section 15182) and Government Code Section 65457 for Residential Projects Implementing a Specific Plan because none of the factors listed in Public Resources Code Section 21166 have occurred. The project will be required to comply with applicable mitigation measures identified in DCCSP EIR/Mitigation Monitoring and Reporting Program (MMRP). RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4478, recommending that the City Council approve: • SUB 2023-0003NTTM No. 19164 to subdivide the property for condominium purposes to construct a total of forty-two (42) residential units, including seven (7) live/work units, on approximately two (2) acres site; City Ventures Planning Commission October 10, 2023 Page 3 • DR 2023-0019 for site layout and building design for forty-two (42), three-story residential units, including seven (7) live/work units, on approximately two (2) acres site; • Final Approval of RAR 2023-0001 reserving thirty-five (35) base residential units; • Density Bonus request with five (5) percent of units identified as very-low income housing with a request for density bonus of twenty (20) percent (35 base units, plus 7 density bonus units); one (1) concession to remove the requirement for full replacement of frontage improvements along El Camino Real; two (2) waivers to reduce the minimum required ground floor commercial development standards within the live/work units that include the interior depth from forty-five (45) feet to thirteen (13) feet eight (8) inches (13'-8") and first (1st) floor plate height of the live/work units from sixteen (16) feet to ten (10) feet one (1) inch (10'1"); and use of State Density Bonus Law parking standards, which allow tandem parking; and 2. Adopt Resolution 4479, recommending that the City Council adopt Ordinance No. 1538 for DA 2023-0002 to accept the provision of community public benefits, by including two (2) affordable housing units for very low-income households, payment of a voluntary workforce housing incentive program in-lieu fee, and a 1,392 square foot public amenity space. REPORT ORGANIZATION: To assist the reader in referencing the details of the proposed project, the report is organized as follows: 1. Project Approval Authority 2. Background 3. Project Description 4. DCCSP Overview and RAR process 5. Discussion/Analysis: a. SUB 2023-0003/TTM 19164; DR 2023-0019; RAR 2023-0001; and b. DA 2023-0002 including Density Bonus Concession and Waiver requests and Affordable Housing In-Lieu Fee c. Housing Element Compliance 6. Public Input 7. Environmental Review 8. Conclusion City Ventures Planning Commission October 10, 2023 Page 4 PROJECT APPROVAL AUTHORITY: • Design Review - TCC Section 9272 authorizes the Community Development Director to consider a DR application; however, since the proposal includes other entitlement applications that require the Planning Commission to make a recommendation to the City Council, the Design Review application is forwarded to the Planning Commission for concurrent consideration for building design and site layout, and the Planning Commission recommendation will be forwarded to the City Council. • Subdivision/Tentative Tract Map - A tentative tract map is required for all subdivisions creating five (5) or more condominiums pursuant to TCC Section 9323b2(a). Section 9321 b of the TCC authorizes the Planning Commission to review and take action on tentative maps; however, since the proposal includes other entitlement applications that require City Council approval, SUB 2023-0003/ VTTM 19164 is forwarded to City Council for concurrent consideration. • Density Bonus Concession & Waiver - TCC Section 9141 b2 authorizes the City Council to consider density bonus, concessions/incentives, and waiver requests upon recommendation of the Planning Commission. • Development Agreement — Section 6.1.3.1 of DCCSP requires that approval of a Development Agreement shall be required for approval of a Subdivision Map. Applications for Development Agreements shall be processed in accordance with Section 6.1.4, Approval Authority of DCCSP and Article 9, Chapter 6, Development Agreements, of the TCC. Pursuant to TCC Section 9607, the Planning Commission shall consider the DA and forward its recommendation to the City Council within thirty (30) days of the time specified for the public hearing. Pursuant to the TCC Section 9613, after the City Council completes the public hearing and considers the recommendation of the Planning Commission, the City Council may accept, modify, or disapprove the DA. Pursuant to TCC Section 9614, the DA shall be approved by the adoption of an ordinance. BACKGROUND: Site and Location The project site is located adjacent to a Jack in the Box site at the southeast corner of Newport Avenue and El Camino Real (Figure 1). The property consists of an approximately two (2) acre parcel with frontages along Newport Avenue and El Camino Real. The site is currently vacant. Approximately ten (10) years ago, Sizzler restaurant occupied a portion of the subject site fronting Newport Avenue. The remainder of the site was vacant for that same time period. Surrounding uses include commercial uses to the east and west along El Camino Real, adjacent to the south is Interstate 5 (1-5), adjacent City Ventures Planning Commission October 10, 2023 Page 5 to the northwest corner of the subject site is a fast-food drive through restaurant (Jack in the Box) and to the north are commercial businesses and multi-family residential uses. The site is located within Development Area (DA-6C) subarea of the DCCSP; SP-12 zoning district (Figure 2), within the Downtown Mixed Use (DM) area, which allows a variety of retail, service, office, food service, medical, hospitality, and auto service uses. Live/work units uses are allowed in an integrated mixed-use format, subject to the approval of a discretionary RAR. The site is designated as DCCSP by the City's General Plan. AM .a. Y ` Figure 1 — Project Site Aerial PROJECT DESCRIPTION: A request to construct a new, live/work and residential condominium development project that would include thirty-five (35) residential condominium units and seven (7) live/work units, for a total of forty-two (42) units in six (6) buildings, including two (2) affordable units, on approximately two (2) acres. The project would also include an enclosed, two-car garage and private open space for each dwelling unit, a total of seventeen (17) guest surface parking spaces, common open space areas, landscaping, and a public amenity space fronting El Camino Real. DISCUSSION/ANALYSIS: The proposed site plan layout is consistent with the required development standards set forth in the DCCSP; DA-6C as demonstrated by Table 1. City Ventures Planning Commission October 10, 2023 Page 6 Table 1 Comparison Chart of DCCSP Development Standards& Proposed Project DCCSP DA-6C Project's Description (Ord. 1525,SPA 2022- Proposed Deviations from 0001) Project DCCSP; TCC Requirements Min. Lot Size 7,000 SF. Approx. 93,698 square feet None (2.151 acres) Min. Lot Width 70 feet Approx. 471 feet None Max. Lot Coverage 65% 37% None 4 stories maximum (5 3 stories stories maximum Deviation allowed Per adjacent to freeway) First floor plate: Varies from Density Bonus State Law Building Height First floor plate 16 foot 9'1" (for buildings with (Waiver Request) for minimum for mixed residential only) to 10'1" live/work units along El use buildings with (for buildings with live/work Camino Real live/work units units) Tenant Space 45 foot interior depth Deviation allowed Per Maximum Size of commercial space 10'-3"x 13'-8 (243 SF) Density Bonus State Law (Waiver Request) Front Yard Setback El Camino Real: Varies (EI Camino Real) 0 feet minimum from 8'5"to 8'10" None Side Yard Setback 0 feet min. from non- Varies from 5-0"to 15'-10" None (Interior) residential zone Rear Yard Setback 0 feet min. from non- Varies from 20'-11"to 77'- None residential zone 6"' Private Open 100 SF per unit min. Varies from 108 SF to 213 None Space SF per unit 200 SF/unit min. 266 SF/unit Common Open None Space 200 x 42 = 8,400 SF 11,173 SF required Parking Summary Required Parking per Provided Proposed Deviation TCC Section 9263 City Ventures Planning Commission October 10, 2023 Page 7 Table 1 Comparison Chart of DCCSP Development Standards& Proposed Project DCCSP DA-6C Project's Description (Ord. 1525,SPA 2022- Proposed Deviations from 0001) Project DCCSP; TCC Requirements Min. 101 spaces 101 total spaces provided required— 2 covered spaces for Fully enclosed, attached each dwelling unit, plus Deviation from off-street Required Parking 1 unassigned guest two-car garage for each parking requirement for per TCC Section space for every 4 units, unit ag es are tandem total); 22 of the Tandem parking allowed 9263 plus 1 unassigned garages Per Density Bonus State customer space for configuration, plus 10 guest Law Request every 250 SF of surface parking spaces commercial space. and 7 commercial/office spaces As summarized in the table above, there are requested deviations from the floor plate height, tenant space depth requirement for the work area of the live/work units and parking standards to allow tandem parking for certain units. These deviations are being requested as waiver requests under the Density Bonus Law. Pursuant to the Density Bonus Law, local jurisdictions are required to grant a 20% density bonus, one (1) concession/incentive, and unlimited waivers for housing projects that contain 5 (five) percent very low income housing units. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN OVERVIEW: The DCCSP was adopted by the City Council in July of 2018 as the regulatory land use document to guide the future development of the DCCSP area whose purpose is to allow residential development on commercially zoned properties. Residential uses are an allowable use in DA-6C subarea in an integrated mixed-use format, subject to the RAR discretionary approval process. A Specific Plan Amendment (SPA) 2022-0001 was adopted by the City Council in September 2022 (Ordinance No. 1525) to amend the DCCSP (SP-12) to list "live/work units" as an allowable residential use in DA-6C subarea to accommodate the proposed project. The DCCSP planning area consists of approximately 220 acres centered around the intersection of Main Street and El Camino Real in Old Town Tustin. The DCCSP boundaries extend to the parcels on the north side of First Street and the east side of Newport Avenue, south to Interstate 5 (1-5), and west along First Street to State Route 55 (SR-55). City Ventures Planning Commission October 10, 2023 Page 8 The DCCSP includes six (6) Development Areas (DA), with DA-6 further divided into three (3) subareas (i.e., DA-6A, DA-613, DA-6C) as shown in Figure 2 below. DA-1 DA-2 DA-3 DA �l A-5 -j NAPS DA-6 - J DA-6A i _ A . a DA-68 Legend O development Area Freeways Parcels Project Location Figure 2—DCCSP Development Area Map The DCCSP regulatory planning document sets forth a vision with goals and objectives to achieve that vision, as well as development standards and design criteria that are the basis for future development. The Specific Plan area is envisioned to establish the long- term vision with goals and objectives to create a vibrant, cohesive, connected, livable, and memorable city core. The key components include: establishing commercial and mixed-use (residential and commercial) land use regulations for the area, promoting pedestrian-oriented commercial first floor development to invigorate the area and expand walkability; transforming streets through future streetscape, roadway, pedestrian and bicycle-oriented improvements; drawing more patrons to Old Town by embracing, preserving and promoting its unique historic character; maintaining a commercial emphasis for the project area; and introducing the possibility for high-quality integrated residential mixed-use and focused multi-family development. City Ventures Planning Commission October 10, 2023 Page 9 The Specific Plan authorized a total of 887 units within the Specific Plan with 400 of these units located within DA-6 area north of the 1-5 freeway. A total of 140 units for this development area were previously allocated for the "Vintage" housing development project on Sixth Street which leaves a remaining 260 units in the housing bank for DA-6. The applicant was allocated thirty-five (35) units through the RAR process described below. The additional residential unit counts for the DA-6 area of the DCCSP remain with the City until such time the City allocates them to a specific project through the RAR process. Residential Allocation Reservation — Phase One and Phase Two: The purpose of the RAR review for a proposed mixed-use project and its associated residential unit count is to determine whether or not the proposal is in compliance with the intent and vision of the Specific Plan. The following is a timeline of the applicant's application submittal: • In July 2021, the applicant submitted a First Phase RAR application (RAR 2021- 0001), requesting the allocation of thirty-five (35) base residential units for the proposed project, which did not include any density bonus units. • In July 2022, the Community Development Director approved the First Phase RAR allocation of thirty-five (35) base units subject to the submittal and approval of the Second Phase RAR within 180 days. • In August 2022, a development application was submitted for review for Phase Two of the RAR process and was subsequently deemed incomplete. A resubmittal of the project to address the comments was not received; therefore, RAR-2021-0001 Phase Two expired and the allocation of thirty-five (35) base units were returned to the general pool of units available in the DCCSP. • In May 2023, the applicant reapplied for a RAR application (RAR 2023-0001)7 requesting the allocation of thirty-five (35) base residential units for the proposed project. • In June 2023, the Community Development Director approved the allocation of thirty-five (35) base units subject to the submittal and approval of the required project entitlements (Exhibit D to Planning Commission Resolution No. 4478 —Attachment D). In July 2023, the required entitlement applications, described in this report, were received. Per the DCCSP, the RAR preliminary allocation of thirty-five (35) housing units in the first phase shall not be considered final until approval of the requested entitlement(s) in the second phase. City Ventures Planning Commission October 10, 2023 Page 10 Design Review 2023-0019 The following provides a brief overview of the project's site plan layout and building design: Table 2 Site Plan and Building Layout Overview Site Size Approximately 2 acres Density Approximately 19.5 dwelling units per acre Buildings/Units Total of six (6) Buildings; Units: forty-two (42) units Stories Three-stories; between 37 feet and 6 inches to 38 feet and 6 inches high Architectural Style Contemporary Product Type For-sale townhomes; condominium subdivision • Plan 1 (20 units): 3 bedrooms/3 baths (approx. 1,344 net SF) • Plan 1-ALT(2 units):3 bedrooms/3 baths(approx. 1,344 net SF) Floor Plans/Bedrooms 0 Plan 2 (13 units): 4 bedrooms/flex/3.5 baths (approx. net 1,617 SF) • Plan 3 live/work units (7 units): 3 bedrooms + office (work space) /3.5 baths (approx. 1,618 net SF) • Private ground floor patios and 2nd floor decks (all units) • Common open space including centralized Amenities community gathering area, overhead structure, picnic tables and BBQ • Pedestrian paths of travel leading to all front doors, and other landscaped areas One primary entry/exit driveway along El Camino Ingress/Egress Real and a secondary entry/exit along Newport Avenue Two key pedestrian access points; • A pedestrian plaza along El Camino Real Pedestrian access located east and west of the primary centralized driveway, and • Along Newport Avenue, parallel to the northerly property line. City Ventures Planning Commission October 10, 2023 Page 11 .. f 0 Prajnt Emry aM ArcnY Ballard Lights `yy 0 Can[me 5d-A a A[ Plau N-9 MO.M[.5 tar WO IM-0i" f'y` f O Priy hoo w Ih Wwd Pewe and Gale F a Rae C__ °�. t •Faen[Laem k� 9 y '. •6red'eab 5trrcwre -�;, -, t`^r, pW„ •. f9r - a Srrmmq I Wand V" Plan[ng PlWwd shear i a rar,,,,,,m of so'ae. ZI IRA,mL rW5 I.T.So-.and p W lha r ea� PWR M#hAyA fRHee roSnee[L SI •..e. `` -• '. '0P � �numemaabn wNM1 Prgak ..+ ' S tl6 R oraAve AUY w/W169ho Tj�� C'oltr FaserMnY Area Sight Gluaze PWm matrrah wann the Ira%i ? �, saletrs gOt area shah iro1 exeeb twenry•bw 41 Ral Ind,,in haigh[. i l w A, r S FR WRY � ID � .P+a<. ,.,• � x f, Figure 3—Site Plan and Building Layout Design, Massing and Articulation The project is designed to be a vibrant, high-quality residential development providing business opportunity along El Camino Real consistent with the DCCSP. The architectural style is contemporary and features clean lines, ample glazing and fenestration, windows with trim surrounds and siding, metal canopies and railings, and subtle color schemes. The building elevations include vertical and horizontal architectural features and color schemes that break up the overall massing and provide visual interest as shown in the elevations in Figure 4. rM _ n Figure 4- Building Elevations Facing El Camino Real The lot width of approximately 157 feet along Newport Avenue is bifurcated with a twenty- seven (27) foot wide, right-turn in/right-turn out only access driveway due to the raised City Ventures Planning Commission October 10, 2023 Page 12 median on Newport Avenue south of El Camino Real. The Newport Avenue driveway provides the secondary entry and exit point to the site. The driveway along Newport Avenue is flanked by an approximate twenty (20) foot landscaped setback planting area along the southern edge and an approximate nine (9) foot landscape setback along the northern edge. The lot width of approximately 321 feet along El Camino Real is bifurcated by a twenty- seven (27) foot wide, two-way driveway, that provides the primary entry and exit point to the development (Figure 3). The El Camino Real driveway is adjacent to an enhanced accent plaza (public amenity space) along the eastern driveway edge and along the western edge, a pedestrian path of travel into the site, featuring a four (4) foot wide pathway and landscaping is provided. The contemporary design incorporates features along both Newport Avenue and El Camino Real that provide massing relief for the three- story buildings. Building heights are proposed to comply with maximum allowable height of four stories for the DCCSP DA-6C as summarized in Table 1. Roof top mechanical equipment would be fully enclosed within a parapet, and other electrical equipment would be screened from public view as required by Conditional of Approval No. 7.5. Landscaping, Open Space and Lighting Landscaping: The proposed landscape plan (Figure 5)features water efficient design and includes several different plant species across the project site. Groundcovers, shrubs, succulents and trees will provide screening and aesthetic treatment along all property lines. In addition, all planting and irrigation shall comply with applicable water conservation limits. o w A l \ F 'Yl J } City Ventures Planning Commission October 10, 2023 Page 13 y o i IF { e y p � XY Figure 5—Concept Landscape Plan and Plant Palette Private and Common Open Space: Each unit is designed with a private entrance and a minimum of 100 square feet of private open space including a minimum of fifty (50) square feet of enclosed storage. The project has a combined private open space area of 5,531 square feet, with an average of 132 square feet of private open space per unit which exceeds the minimum open space requirement required in DCCSP DA-6C. One main common open space area is designed within the project site to promote passive or active lifestyles, centrally located and referred to as "The Common" area. The total common open space provided is 11,173 square feet, including a combination of The Common and areas adjacent to walkways. Pursuant to the DCCSP, 8,400 square feet of common open space is required. In total, the common open space provides an average of 266 square feet per unit, and DCCSP requires a minimum of 200 square feet of common open space per unit. The common open space areas include lawn area, a variety of shrubs and trees, overhead structure, BBQs, picnic tables and seating areas (Figure 6). The applicant is providing an overhead structure over the seating and BBQ area of the common open space in compliance with "Table N-3" of the City's General Plan Noise Element for outdoor environment areas of frequent human use. Pursuant to Condition of Approval No. 9.3, the final design of the overhead structure will be reviewed and approved by the Community Development Department. City Ventures Planning Commission October 10, 2023 Page 14 sop'. COFFE€TABLUCHAM BENCH uAfmx kufxrtuu[ml fiv[wauta uuamx sFmtixu muEm Srtf fuzxituuF T �ry i BBQ TRASH'CAN TABLE Figure 6—Common Open Space Areas Amenities Lighting: Proposed outdoor lighting would be typical of residential uses and would consist of wall-mounted lighting, pole-mounted lights along the driveway, path lights/bollards, and landscape lighting. All of the project's outdoor lighting would be shielded to minimize off- site spill and would be in compliance with TCC Section 9271 hh. Wall and Fences: The applicant does not propose to build a perimeter wall/fence around the entirety of the development, but rather utilize existing site features and provide landscaping to create a buffer to surrounding uses. Along the southern boundary is the 1-5 freeway, including an approximate twenty (20) feet high retaining wall for the freeway, and a ten (10) foot wide Caltrans maintenance easement area that is part of the subject site. A barrier is not required along the southern perimeter to maintain a defensible space and visibility between the project site and the 1-5 freeway retaining wall. Along the eastern boundary is an approximate three (3) to four (4) foot wall along the property line shared with the Kings Car Wash property adjacent to El Camino Real. The wall along the eastern boundary of the project site is a low three (3) foot block wall that gradually transitions into a six (6) foot eight (8) inch high (6-8") wrought iron fence with pilasters that runs the length of the property line to the 1-5 freeway retaining wall. Staff has recommended Condition of Approval No. 7.10 that the project provide landscaping along the eastern property line with the car wash property to provide a buffer between the dwelling units and the car wash. Near the western edge of the site, there is a partial and existing block wall along the northern and western property lines with the Jack in the Box property. A new six (6) foot eight (8) inch (68") screen wall will be provided along the property lines with the Jack in the Box property. Pursuant to Condition of Approval No. 7.9, the applicant/developer is required to submit a final wall and fence plan during plan check for review and approval by City staff. The only new fencing proposed would be surrounding the private open spaces fronting El Camino Real (Figures 7). The private open space fencing would be three (3)feet in height utilizing fiber cement siding matching the building architecture. City Ventures Planning Commission October 10, 2023 Page 15 u � R y P Ea \ )4 m i a � h t ^ uu oy LEGEND Private Patio Fence ib Prwale Palm Gate Monument Signage Wall Poposed Screen Wall Figure 7—Wall/Fence Diagram Park Land (Quimby Act) To implement the Conservation/Open Space/Recreation Element of the General Plan, TCC Section 9331 d requires a subdivider (the developer) to dedicate land or pay an in- lieu fee for the purpose of developing new or rehabilitating existing parks to serve the subdivision. TCC Section 9331 d2 requires three (3) acres of useable parkland per 1,000 project residents be devoted to local park and recreational purposes. Pursuant to TCC Section 9331 d2, 0.0067 acres of parkland per dwelling unit are required to be dedicated for park purposes in a high-density development with 15.1-25 dwelling units per acre. The applicant proposes to develop the site with approximately 19.5 dwelling units per acre. Therefore, based on the proposed project of forty-two (42) residential units, the developer would be required to dedicate 0.2814 acres or approximately 12,258 square feet of park land. Table 3 Required Park Land Dedication E011— TCC Requirement 9331d2 Park Land Per Proposed Units Total Required Unit Park Land Dedication Formula for Dedication .0067 acres 42 units 12,258 Square Feet (or .2814 acres) City Ventures Planning Commission October 10, 2023 Page 16 The TCC allows developer to pay a park land fee in-lieu of dedication land. The park land in lieu fee would be based on the fair market value of the land. The fair market value shall be determined by a Master Appraisal Institute (MAI) Designated member of the Appraisal Institute acceptable to the City and at the expense of the subdivider; and the determination shall consider the value of a buildable acre of land at the time the final map is to be recorded, as if otherwise the land would be fully developed to the residential density shown on the tentative map for which the fees are required. Consistent with DCCSP Section 6.6(B)(4), the Project includes a 1,392 square foot public amenity space that will be privately owned but accessible to the public and includes a decorative wall, seating, landscaping, and lighting (see Figure 8). Pursuant to Condition of Approval No. 5.5(K), the Developer or HOA will maintain the public amenity space at the sole cost of the Developer or HOA, as applicable, and such obligation shall be set forth in the CC&Rs for the Project. The applicant has requested that the land area and improvements provided on the publicly accessible amenity space be credited against the required payment of the park land in-lieu fee. TCC Section 9331 d6 allows for a "credit" for public park improvements provided on-site. Per the provisions of DA 2023-0002, the City agrees to credit the actual square footage of land and value of the improvements against the park land in-lieu fees. Accordingly, Condition of Approval No. 17.1, requires the developer to pay a per unit park in-lieu fee, subject to the provisions of DA 2023-0002, as each certificate of occupancy is issued by the City. The park land in lieu fee shall include a credit for the land area and improvements made within the public amenity space. f i I 9 w - EL CAM IN © REAL Figure 8— Public Amenity Space Exhibit City Ventures Planning Commission October 10, 2023 Page 17 SUB 2023-0003/Vesting Tentative Tract Map 19164 VTTM 19164 proposes to merge three (3) adjacent parcels into one (1) combined parcel for condominium purposes. This would allow for individual ownership of the forty-two (42) residential condominiums. Common areas would be established for vehicular and pedestrian circulation, guest parking and for open space purposes, with a HOA having responsibility for all common facilities. Also included in the map are proposed easements for public utilities and public access to the public amenity space, ingress/egress for emergency and public service vehicles. CC&Rs would be required for the project per Conditional of Approval No. 5.1. These mechanisms are necessary to provide for the maintenance of the common areas of the project site. The local agency (City of Tustin) is required to transmit one (1) copy of the proposed VTTM to other local agencies having jurisdiction. As such, a copy of the proposed VTTM 19164 was routed to outside agencies having jurisdiction over a title interest in the subject property for review and/or recommendations between August 29 and September 14, 2023, as required by Sections 66453 — 66455.7 of the California Government Code (Article 3 of the Subdivision Map Act). The City received the following correspondence/information from outside agencies or school districts: 7 Agency D. Information .dModification on to Site Conditions of Plan Approval Orange September Sewer study A sewer study should No Yes, Condition of County6, 2023 required be submitted to OC San Approval#19.1 was Sanitationfor review when added to require that District available. If the project the applicant/ • would impact any of OC developer submit a San's facilities, then the sewer study to OC applicant/developer San during plan Am should contact OC San. check. •g September Closed There are three (3) No No, the Water 11, 2023 former closed former leaking applicant/developer Quality leaking underground storage conducted a Phase 1 Board underground tank cases located near ESA and Phase 2 for storage tank the address. The the subject property. cases developer should The Phase 1 and consider conducting a Phase 2 concluded in Phase 1 to determine no recognized any potential environmental environmental impacts conditions (RECs) on to the property in the property. question. September Developer The developer/builder No No, the 14, 2023 fee required of this project will be applicant/developer is required to pay the required to pay City Ventures Planning Commission October 10, 2023 Page 18 School statutory developer fee applicable school District that is in place at the district fees prior to time building permits issuance of a building are obtained. permit. Southern September Subdivision The subdivision of land No No California 22, 2023 of land will not unreasonably Edison interfere with any Company easements and/or facilities held by SCE. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide SCE with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. No additional comments on the VTTM were received from outside agencies. The VTTM would be consistent with the General Plan land use designation, the Tustin Subdivision Code, DCCSP, the Subdivision Map Act and other applicable provisions of the TCC. Further, the site is physically suitable for the type of development and proposed density in that the development of the residential development at approximately 19.5 dwelling units per acre on an approximate 2-acre site, is within the allowable density consistent within the DCCSP General Plan land use designation and the DCCSP zoning district development standards with the exception of density bonus law waiver requests for reduction in ground floor development standards. Pursuant to TCC Section 9321 b, the VTTM shall be considered by the Planning Commission; however, since the proposal includes other entitlement applications that require the Planning Commission to make a recommendation to the City Council, the Planning Commission will make a recommendation on the SUB/VTTM to the City Council. The required findings for approval are supported in Resolution No. 4478. City Ventures Planning Commission October 10, 2023 Page 19 Development Agreement 2023-0002 To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted the Development Agreement Statute (Government Code section 65864 et seq.). Pursuant to the statute, a City may enter into an agreement with any person having a legal or equitable interest in real property for the development of such property and establish certain development rights therein. TCC Chapter 9600 sets forth the process for which development agreements are to be considered. The provisions of the DCCSP require approval of a development agreement (DA) for approval of a Subdivision Map. Therefore, the City has determined that the DA satisfies the Developer's obligation pursuant to the DCCSP. The general purpose of DA 2023-0002 is to assure the developer, in return for developer's commitment to project, the City will in turn remain committed to the development of the site and implementation of proposed project. These assurances require the cooperation and participation of the City and developer and could not be secured without mutual cooperation and commitment to the comprehensive planning that has resulted in the DA. The DA (Exhibit B to Planning Commission Resolution No. 4479—Attachment E) includes, but is not limited to, the following terms of the agreement: • The term of the DA will commence on the effective date and continue for a term of five (5) years thereafter, unless the term is terminated, modified or extended by circumstances set forth in the DA. • The permitted uses on the property, the density and intensity of the use and development standards as described in the application referred to as DR 2023-0019. • A vested right to carry out and develop the project site in accordance with DA and DR. • Public benefits including two (2) very low-income units, payment of affordable housing in-lieu fee, and public amenity space. Affordable Housing and In-Lieu Fee: In compliance with State Housing Law, Goal 1 of the Tustin General Plan Housing Element is to 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. DCCSP also requires housing developments to comply with TCC B9911 et seq. (Voluntary Workforce Housing Incentive Program)which requires that all new residential development, including any mixed use residential development include voluntary workforce housing incentive program units when a developer makes the voluntary election to request the benefit of RARs pursuant to a Specific Plan. City Ventures Planning Commission October 10, 2023 Page 20 The DA contains a provision that the developer provide five (5) percent of Very Low-income units and pay the City in-lieu fees which would allow the City to invest in affordable housing at another location within the City. The fee, as outlined in the DA, would result in the payment of a one-time fee pursuant to TCC B9923b1, which shall be paid upon the certificate of occupancy for that unit (Exhibit B to Planning Commission Resolution No. 4479 —Attachment E). TCC Section 9601 requires that a fiscal impact statement be submitted along with an application for a DA in order for the City to determine whether or not the project will fiscally impact the City. The Fiscal Impact Statement was provided and concluded that the proposed project would result in a positive outcome for the City. Density Bonus The Density Bonus Law is State mandated and a developer who meets the requirements of the State law is entitled to receive a density bonus and other benefits, such as concessions, as a matter of right. The intent of the Density Bonus Law is to facilitate the development of affordable housing and to implement the goals, objectives and policies of the City's Housing Element. Furthermore, consistent with State Law, the TCC Section 9111, et seq., provides incentives for additional housing units, beyond those permitted by the City's adopted General Plan Land Use Element, when associated with the production of affordable housing units. The applicant is not proposing to exceed the allowable density for projects associated within the DCCSP General Plan land use designation. However, the applicant in this case agrees to set aside two (2) units for the very low-income households and is therefore eligible and allowed one (1) Density Bonus State Law concession and unlimited waivers. The applicant is proposing a site plan layout that relies on relief on the required DCCSP ground floor commercial developments standards, and Density Bonus Law parking provisions for tandem parking as described below. Concession: The applicant is requesting a Density Bonus concession to remove the requirement for full replacement of frontage improvements along El Camino Real. Waiver:The applicant is requesting two (2) Density Bonus waivers to reduce the minimum required ground floor commercial development standards within the live/work units that include the interior depth from forty-five (45) feet to thirteen (13) feet eight (8) inches (13'- 8") and first (1st) floor plate height of the live/work units from sixteen (16) feet to ten (10) feet one (1) inch (101"). Parking provisions: The applicant is requesting use of State Density Bonus Law parking standards, which allow tandem parking. The applicant is proposing tandem parking for twenty-two (22) units in the development. City Ventures Planning Commission October 10, 2023 Page 21 Per TCC 9123, the City must grant the concession(s) or incentive(s) requested by the applicant unless the City finds that the concession does not result in identifiable and actual cost reductions, the concession(s) or incentive(s) would have a specific adverse impact on public health or safety or the physical environment... or the concession would be contrary to State or Federal law." The City does not require a full replacement of ROW along El Camino Real. However, the City requires the removal of existing driveway aprons and design and construct new curb and gutter and sidewalk at the old driveway locations on Newport Avenue and El Camino Real. In addition, the City requires the reconstruction of any damaged or ADA-incompatible public improvements (curb & gutter and sidewalk) adjacent to this development. Accordingly, this concession request is not necessary but the applicant wishes to include it to ensure a full replacement of curb, gutter and sidewalk will not be required. Per TCC 9124, the City must grant the waiver(s) requested by the applicant unless the City finds that waiver or reduction of development standards would have a specific adverse impact upon health, or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, would have an adverse impact on any real property that is listed in the California Register of Historical Resources, orwould be contrary to State or Federal law. City staff could not identify specific adverse impacts for either of the two requested concession and waivers; therefore, a recommendation to approve the Density Bonus requests will be proposed to the Planning Commission. Pursuant to Government Code Section 65863(b)(2) (GC), if the City allows development of any parcel with fewer units by income category than identified in the Housing Element Sites Inventory for that parcel, the City is required to make a written finding supported by substantial evidence as to whether or not remaining sites identified in the Housing Element are adequate to meet the requirements of GC and to accommodate the City's regional housing need allocation (RHNA) at each income level. The finding and substantial evidence is provided in Planning Resolution No. 4478 —Attachment D. PUBLIC INPUT: Public Notice: The public hearing notice for the October 10, 2023 hearing was published in the Tustin News on September 28, 2023, and the Community Development Department mailed a notice of public hearing to property owners within 300 feet of the project site, inclusive of the project itself. Public notices were physically posted on the project site no less than ten (10) days in advance of the scheduled hearing date (September 28, 2023). Public Comments: No written public comments have been received as of the completion of this staff report. Any other comments received after the completion of the staff report will be provided to the Planning Commission via email. City Ventures Planning Commission October 10, 2023 Page 22 ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act ("CEQA") and determined to be statutorily exempt from further environmental review under Section 15182(c) of the State CEQA Guidelines and Government Code Section 65457 for Residential Projects Implementing a Specific Plan. Section 15182(c) statutory exemption allows residential projects implementing a Specific Plan if a public agency has adopted an Environmental Impact Report (EIR) on a specific plan after January 1, 1980; and no subsequent EIR has been completed. The DCCSP EIR was certified in 2018 and none of the conditions described in CEQA Section 15162 calling for the preparation of a subsequent EIR/Notice of Determination have occurred. Therefore, the project meets the criteria for Section 15182(c) exemption. The project will be required to comply with applicable mitigation measures identified in the DCCSP EIR/MRRP. CONCLUSION: As proposed, the project complies with the objectives, land use regulations and development standards. Findings to support the Subdivision, Design Review, Final Approval of the Residential Allocation Reservation, Density Bonus Concession/Waiver requests, and Development Agreement have been included in the Planning Commission Resolution Nos. 4478 and 4479. Attachments: A. Radius and Project Location Map B. Land Use Application Fact Sheet C. Submitted Plans dated October 10, 2023 D. Resolution No. 4478 Planning Commission (SUB 2023-0003/ VTTM No. 19164, DR 2023-0019, Final Approval of RAR 2023-0001, Density Bonus Concession & Waiver Requests) • Exhibit A: Conditions of Approval • Exhibit B: VTTM 19164 • Exhibit C: DCCSP EIR MMRP • Exhibit D: RAR 2023-0001 Approval Letter with Written Findings Pursuant to DCCSP E. Resolution No. 4479 — Planning Commission (DA 2023-0002) • Exhibit A: Draft Ordinance No. 1538 • Exhibit B: Development Agreement DA 2023-0002 F. Public Comments — None as of the publish date of this report. Prepared by: Leila Carver, Senior Planner Consultant Approved by: Raymond Barragan, Principal Planner Presented by: Leila Carver, Senior Planner Consultant ATTACHMENT A RADIUS AND PROJECT LOCATION MAP LAkA All'ErN U '- IIA 500 �,m ING°''Re L � , y x41 ]NO PLA � y a w r . r,IGH OL aw -� 1,740 At ,v,. ;: f \F �� .. i��•��'N-• Jam, /� �J ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): SUBDIVISION MAP (SUB) 2023-003/VESTING TENTATIVE TRACT MAP (VTTM) 19164, DESIGN REVIEW(DR) 2023-0019, FINAL APPROVAL OF RAR-2023- 0001, DENSITY BONUS CONCESSION/WAIVER REQUEST, AND DEVELOPMENT AGREEMENT (DA) 2023-0002 2. LOCATION: CORNER OF NEWPORT AVENUE AND EL CAMINO REAL 3. ADDRESS:14042 NEWPORT AVENUE, TUSTIN, CA, 92780 4. APN(S): 432-074-07, 432-074-08, 432-074-09 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: N/A 6. SURROUNDING LAND USES: WEST: (ACROSS NEWPORT AVE) COMMERCIAL NORTH: (ACROSS EL CAMINO REAL) COMMERCIAL AND MULTI-FAMILY RESIDENTIAL EAST: COMMERICAL SOUTH: (ACROSS INTERSTATE 5 FREEWAY) COMMERCIAL, SINGLE-FAMILY RESIDENTIAL, MULTI-FAMILY RESIDENTAL 7. SURROUNDING ZONING DESIGNATION: WEST: DOWNTOWN COMMERICAL CORE SPECIFIC PLAN (SP12) NORTH: DOWNTOWN COMMERICAL CORE SPECIFIC PLAN (SP12) NORTH EAST: DOWNTOWN COMMERICAL CORE SPECIFIC PLAN (SP12) SOUTH: (ACROSS INTERSTATE 5 FREEWAY) RETAIL COMMERCIAL (Cl), SINGLE-FAMILY RESIDENTIAL (R1), MULTI-FAMILY RESIDENTIAL (R3) 8. SURROUNDING GENERAL PLAN DESIGNATION: WEST: DOWNTOWN COMMERICAL CORE SPECIFIC PLAN (DCCSP) NORTH: DCCSP EAST: DCCSP SOUTH: (ACROSS INTERSTATE 5 FREEWAY) COMMUNITY COMMERCIAL (CC), LOW DENSITY RESIDENTIAL (LDR), HIGH DENSITY RESIDENTIAL (HDR) 9. SITE LAND USE: EXISTING PROPOSED Use: VACANT MIXED-USE DEVELOPMENT Zoning: DOWNTOWN COMMERICAL CORE NO CHANGE SPECIFIC PLAN (SP12) General Plan: DOWNTOWN COMMERICAL CORE NO CHANGE SPECIFIC PLAN (DCCSP) DEVELOPMENT FACTS: EXISTING PROPOSED 10. GROSS LOT AREA: 116,218 SQUARE FEET 93,698 SQUARE FEET 11. BUILDING AREA: N/A 67,696 SQUARE FEET RESIDENTIAL UNITS: 0 42 UNITS COMMERICAL SPACE: 0 1,701 SQUARE FEET 12. LANDSCAPE AREA: N/A 11,173 SQUARE FEET 13. PARKING: 0 101 PARKING STALLS 13. DCCSP DEVELOPMENT SETBACKS: FRONT: 0 FEET MIN. INTERIOR SIDE: 0 FEET MIN. CORNER SIDE: 0 FEET MIN. REAR: 0 FEET MIN. 13. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.): 10 FOOT WIDE CALTRANS EASEMENT ALONG THE SOUTHERN PROPERTY LINE; 1,392 SF PUBLIC AMENITY SPACE FRONTING EL CAMINO REAL ATTACHMENT C SUBMITTED PLANS DATED OCTOBER 10, 2023 N E W P 0 R T AVENUE & EL CAMIN0 REAL TUSTIN , C A L I 1 0 R N I A DEVEL0PERINFORMATION CONSULTANT INFORMATION CITY VENTURES ARCHITECTURE. LANDSCAPE ARCHITECTURE. LIGHTING: 3121 Id I CHELSON DRIVE,SUITE 150 KTGY ARCHITECTURE&PLANNING C2 COLLABORATIVE LANDSCAPE El COMPANIES IRVINE,CA 92612 17911 VON KARMAN AVENUE.SUITE 200 ARCHITECTURE 2570 SOUTH MILLER LANE CONTACT'.KAREN ALVES IRVINE,CA 92614 100 AVENIDA MIRAMAR LAS VEGAS,NV 89117 P HONE'.(949)258.7515 CON TACT'.AL AN SCALES SAN CLEM E NTE,CA 92672 CONTACT'.ALEX CLINTON EMAIL'.KALVES@C I TYVENTURES.COM PHONE:(949)2 2 1-6 2 5 6 CONTACT'.NIKI VIU PHONE.(702)582.2149 EMAIL'.ASCALES@KTGY.COM PHONE'.(949)366-6624 EMAIL'.ACLINTON@ El COMPANIES.COM EMAIL'.NVJU@C 2 COLLABORATIVE.COM CIVIL COLORIST'. C&V CONSULTING,INC. AT DESIGN CONSULTING,INC. 9830 IRVINE CENTER DRIVE 2211 MICHELSON DRIVE,SUITE 450 IRVINE,CA 92618 IRVINE,CA 92612 CONTACT'.DA NE MCDOUGALL CON T AC T'.AN LIE TUTUNJIAN PHONE:(949)916.3800 PHONE'.(949)724-1619 E MA I L'.D M CDOUGALL@CVC-INC.NET EM AIL'.AN NIE@ATCONSULTING.US cayveon,�es ��,�a,l92fi12 a NEW IPA ORT1AND EL CAMINO REAL COVER AO.00 SHEETINDEX ARCHITECTURE A3.00-PLAN I-UNIT PLANS A0.00-COVER A3.01-PLAN I-ALT-UNIT PLANS rvILLrmT is A0.10-SHEET INDEX.PROJECT SUMMARY A3.10-PLAN 2-UNIT PLANS A3.11-PLAN 2-UNIT PLANS sc.t.n.. a mew �rnssscz-maow.ens.awnuswa.a®usEau.wres A1.00-SITE PLAN ALI PLAN 3-UNIT PLANS w,.z�sr .aazE:zmmrwunsawr�umwreuoa u:Eeusvus A2.00-B-500-5-PLEX-PERSPECTIVE LANDSCAPE A2.01-B-500-5-PLEX-ELEVATIONS L-1-CONCEPTUAL SITE PLAN A2.02-B-500-5-PLEX-BUILDING PLANS L-2-CONCEPTUAL OFF SITE LANDSCAPE PLAN LJ-PUBLIC AMENITY AREA ENLARGEMENT 12.10-B-600-6-PLEx-PERSPECTIVE L4-CONCEPTUAL MALL AND FENCE PLAN A2.11-B-600-6-PLEX-ELEVATIONS LS-CONCEPTUAL SITE AMENITIES AND MATERIALS A2.12-B-600-6-PLEX-BUILDING PLANS L6-CONCEPTUAL OVERHEAD DESIGN L-1-CONCEPTUAL MASTER PLANT PALETTE 12.20-B-610.6-PLEX-PERSPECTIVIES L6-CONCEPTUAL IRRIGATION CALCULATION 12.21-B-610.6-PLEX-ELEVATIONS LS-LANDSCAPING AREA CALCULATION 12.22-B-610.6-PLEX-BUILDING PLANS CIVIL NOTES'. 12.30-B-800.81 PERSPECTIVE TENTATIVE TRACT MAP 1. PLANS TO BE IN COMPLIANCE MATH: 12.31-B-800.81 ELEVATIONS PRELIMINARY GRADING&SITE PLAN 1122 PALIFORNIA BUILDING CODE 12.32-B-800.8-PLE%-BUILDING PLANS CONCEPTUAL UTILITY PLAN a,E iwv mMasrrcmrw�zosra�nos®smamsw.m 2022 CALIFORNIA AN ERGYCODE 12.33-B-800.8-PLE%-BUILDING PLANS PRELIMINARY FIRE ACCESS PLAN . 2022 CALIFORNIA GREEN BUILDING CODE 2022 CALIFORNIA PLUTABING CODE 2022 CALIFORNIA(MECHANICAL CODE 12.40-3-90N APLEX-PERSPECTIVE LIGHTING ansnreo.oassv�wfcReaww..sorr.n 2022 ELECTRICAL CODE. 12.41-B-900.9-PLEX-ELEVATIONS EP0.1-SITE PHOTOMETRY PLAN 2. ALL UTILITIES PLACED UN DERGROUNO PER TOO 8107. 12.42-B-900.9-PLEX-BUILDING PLANS ES0.2-SITE LIGHTING PLAN 12.43-B-900.9-PLEX-BUILDING PLANS ES0.3-TYPICAL BUILDING HOUSE PANEL ,may rA,g 1az ff....r COMMUNITY CONTEXT I1aoo1 ,:. �'` sg.rr„m rora.�mnmoa.aw nvcca Su 2"CA 92614 ;��cayV_NJ_ 21le a,a"�aso NEWPORT12111F AMINO REAL .r SHEET INDEX+pROJECTSUMMARY AO.�O LEGEND a�,w IT— y � RErAL All JACAIN THE BOX TIT, RESIDENTIAL / A � � PRESCHOOL /j ry�a� _ � �\ / ,E .46 30, , BE r� N V \ T' SPACE\ IT GTISTHN `a CAR—SIT ' KNXS �. w .'yy `i.. \ �� / \ e -.M1M1 9 m ;��crryveon,�es ��,a,IA92fi12 a,a��aso NEWPORT1AND EL CAMINO REAL a o o o ,o SITE PLAN Al.00 �V +4 f4 N 4 G I' FRONT PERSPECTNE OF BUILDING TYPE B500 A Y y a NOTE-COLORSCHEME2 DEMONSTRATED ON PERSPECTIVES REAR PERSPECTIVE OF BUILDING TYPE B-500 ,ma�A�a, ;��crryveon,�es ��,a,�92fi12 a,a��aso NEWPORT0AND EL CAMINO REAL B-500 5-PLEX A2.00 3.REAR ELEVATION 4.LEFT ELEVATION a�i�.o x[oM Y° I P riw:x�ow,oE 1 FRONT ELEVATION 2 RIGHT ELEVATION MATERIAL LEGEND -��-,- _ _---- I. STUCCO,LIGHT SAND FINISH 9. DECORATIVE LIGHTING Z. FIBER CEMENT SIDING 10.METAL RAILING 3. WIN II.METAL CANOPIES 4. FIBERGLASS ENTRY DOOR WITH GLAZING It. STUCCO OR FOAM TRIM ---- __ -——-- S. METAL SECTIONAL GARAGE DOORS 13.PATIO FENCE 6. SCREED LINE 14.BRICK VENEER KEY PLAN-SCALE.1116"=1'-0" 7. FIBER CEMENT TRIM SURROUND 15.ALUMINUM STOREFRONT 8. ILLUMINATED ADDRESS SIGN 16.COVERED PATIOS NOTE'.`COLOR SCHEME 2 DEMONSTRATED ON ELEVATIONS ������ y.�crryveon,�es ��,a,�92fi12 a,a��aso NEWPORT1AND EL CAMINO REAL B-600 5-PLEX A2.01 00 0 0 0 co c 0 0 00 _� _- 9RD FLOOR SECOND FLOOR i F I ROOF PLAN FIRST FLOOR NOTE:SOLAR LAYOUT IS A CONSTRUCTION DETAIL TO BE INCLUDED IN CONSTRUCTION DEMANDS ������ ;��crryveon,�es ��,a,�92fi12 a,a��a,5 NEWPORT1AND EL CAMINO REAL a B-500 5-PLEX A2.02 I IN FRONT PERSPECTNE OF BUILDING TYPE BE00 11 ' NOTE"COLOR SCHEME DEMONSTRATED ON PERSPECTIVES REAR PERSPECTIVE OF BUILDING TYPE B-600 ,ma�A�a, ;��crryveon,�es ��,a,�92fi12 a,a��aso NEWPORT0AND EL CAMINO REAL B-600 6-PLEX A2. j J; I � x ' 3-REAR ELEVATION 4-LEFT ELEVATION 71 P -Q Oil 14— J� 1-FRONT ELEVA710M 2-RIGHT ELEVATION V , _._I MATERIAL LEGEND —_- — - — - I. STUCCO,LIGHT SAND FINISH 9. DECORATIVE LIGHTING - _ t. FIBER CEMENT SIDING 10.METAL RAILING 3. WINDOWS 11.METAL CANOPIES 4. FIBEAGNSS ENTRY DOOR WITH GIAZING It. STUCCO 0/FOAM TRIM __--- __-- - S. METAL SECTIONAL GARAGE DOORS 13.PATIO FENCE S. SCREED LINE 14.BUCK VENEER KEY PLAN-SCALE.111G'=1'-0`4j 7. FIBER CEMENT TRIM SURROUND IS.ALUMINUM STOREFRONT A. ILLUMINATED ADDRESS SIGN 16.COVERED PATIOS NOTE'.`COLOR SCHEME 1 DEMONSTRATED ON ELEVATIONS ������ ;Icrryveon,�es ��,a,�92fi12 a,a��aso NEWPORToANDELCAMINOREAL B-6006-PLEX A2-11 0 0 0 00 0 0 0 00 a a p cr p w Nil 3RDFLOOR SECOND FLOOR —' m-- `X occ ------- -.-- m - -- 0 -- -- ----- ROOF PLAN FIRST FLOOR NOTE'.SOLAR LAYOUT IS A CONSTRUCTION DETAIL TO BE INCLUDED IN CONSTRUCTION DRAWINGS rmanAVe ;��crryveon,�es ��l a,�92fi12 a,a��aso NEWPORT0AND EL CAMINO REAL a B-600 6-PLEX A2.12 I } aft l� ITT FRONT PERSPECTNE OF BUILDING TYPE M10 t f!I r.. N����\0 i im Y '��rt'�ti��ri ltt�• IlII p)N, ,i w Yd\ 1 jd NOTE"COLOR SCHEME DEMONSTRATED ON PERSPECTIVES REAR PERSPECTIVE OF BUILDING TYPE B-610 IonIS,,le 200 ,ma�A�a, y�crNveon,�es ��,a,�92fi12 a,a��aso NEWPORT02100IP AMINO REAL B-6106-PLEX A2.20 04 v v G 011 ■ ' ■ �a 3-REAR ELEVATION 4-LEFT ELEVATION a�i�oi.o xNox. rr i 1-FRONT ELEVATION 2-RIGHT ELEVATION MATERIAL LEGEND -----,_i-_ L----,_iL-'.__--- I. STUCCO,LIGHT SAND FINISH 9. DECORATIVE LIGHTING 2. FIBER CEMENT SIDING I0.METAL RAILING 3. 'MNDOWS II.METAL CANOPIES 4. FIBEAGNSS ENTRY DOOR WITH GLAZING It. STUCCO 0/FOAM TRIM S. METAL SECTIONAL GARAGE DOORS 13.PATIO FENCE 6. SCREED LINE 14.BRICK VENEER KEY PLAN-SCALE 1116"=1'-0" -- 7. FIBER CEMENT TRIM SURROUND IS.ALUMINUM STOREFRONT '. 4 A. ILLUMINATED ADDRESS SIGN 16.COVERED PATIOS NOTE'.`COLOR SCHEME 1 DEMONSTRATED ON ELEVATIONS Ion I ������ ;��crryveon,�es ��,a,�92fi12 a,a��aso NEWPORT1ANDELCAMINOREAL B-6106-PLEX A2.21 0 0 0 00 0 0 0 00 a a p cr p w cc 77-11 3RD FLOOR SECOND FLOOR > ROOF PLAN FIRST FLOOR NOTE'.SOLAR LAYOUT IS A CONSTRUCTION DETAIL TO BE INCLUDED IN CONSTRUCTION DRAWINGS rmanAVe ;��crryveon,�es ��,�a,�92fi12 a,a��aso NEWPORT0AND EL CAMINO REAL a B-610 6-PLEX A2.22 U FRONT PERSPECTIVE OF BUILDING TYPE M00 I -- -------- _ f YS NOTE-COLORSCHEME3 DEMONSTRATED ON PERSPECTIVES REAR PERSPECTIVE OF BUILDING TYPE B-800 y.�crryveon,�es ��,a,IA92fi12 a,a,laso NEWPORT0AND EL CAMINO REAL B-800 8-PLEX A2.30 1 ■ ■■ 1 MATERIAL LEGEND _ I FRONT ELEVATION 2 RIGHT ELEVATION LIGHT SAND FINISH 9. D CORATIVE LIGHTING IL SIDING ��a®■a®a� r a■■aaa -r VVINDO 11.METAL CAN OF W ES 4. FIBERG �S ENTRY DOOR WITH GLAZING 12. STUCCO 0/F'OIAM TRIM LA I METAL SECTIONAL GARAGE DOORS 13.PATIO FENCE 7. FIBER CEMENT TRIM SURROUND 5 LUMINUM STOREFRONT ILLUMINATED ADDRESS SIGN 16.C OVERED PATIOS 'COLORNOTE SCHEME 3 DEMONSTRATED. �FWPORTAN■ • :■■ SECOND FLOOR 0 -----'- ; o o %F, _- m FIRST FLOOR ������ ;��crryveon,�es �l a,�92fi12 a,a��aso NEWPORT0AND EL CAMINO REAL a B-800&PLEX A2.32 ire oil ai s ROOF PLAN NOTE'.SOLAR LAYOUT IS A CONSTRUCTION DETAIL TO BE INCLUDED IN CONSTRUCTION DRAWINGS c0 Ib c( b c-0� tE o THIRD FLOOR Ion I ;��crryV N,II es 31 a,�92fi12 a,a��aso NEWPOR 21AND EL CAMINO REAL B-800 8-PLEX A2.33 -- - �1TI r Fl FRONT PERSPECTNE OF BUILDINGTYPE Bb00 -- 1 NOTE"COLOR SCHEME DEMONSTRATED 011 ERSPECTIVES REAR PERSPECTIVE OF BUILDING TYPE B-900 ������ y.�crryveon,�es ��,a,IA92fi12 a,a��aso NEWPORT0AND EL CAMINO REAL B-900 9-PLEX A2.40 1 r 1 ■ ■■ 3.REAR ELEVATIONELEVATION �A ® ❑ ❑ o End i r DECORATIVEI FRONT ELEVATION 2 RIGHT ELEVATION MATERIAL LEGEND STOREFRONTSTUCC,LIGHT SAND FINISH 4. FIBERGLASS ENTRY DOOR WITH GLAANG 32.STUCCO 0/FOAM TRIM 5 METAL SECTI ONAL GARAGE DOORS PATIO FENCE 2. IBER CEMENT SIDING ME TAL RAILING - ADDRESS 1 PATIOS 'COLORNOTE SCHEME I DEUONSTRATED1ELEVATIONS 0 0 0 00 00 a — a c cc w SECOND FLOOR FIRST FLOOR ;��crryveon,�es �,a,�92fi12 a,a��aso NEWPORT0AND EL CAMINO REAL a B-900 9-PLEX A2.42 s s -- «Es ROOF aLAN NOTE'.SOLAR LAYOUT IS A CONSTRUCTION DETAIL TO BE INCLUDED IN CONSTRUCTION DRAWINGS 710 0 00 0® THIRD FLOOR IonI ;��crryveon,�es ��,�a,�92fi12 a,a��aso NEWPORT0AND EL CAMINO REAL a B-900 9-P llX A2.43 0 0 0 eE, IN J- M- e O e — o s�RE ,a — 1 0 0 �o --- THIRD FLOOR SECOND FLOOR FIRST FLOOR 3 BEDSI3 BATHS GROSS SF N-ET SF ;��crryveon,�es �,eNlA 12 a,a��aso NEIN IA AND EL CAMINO REAL a TOWNHOME-PLAN 1 A3.00 FIRST FLOOR 0 ;��c'yveon,�es 31 a,�92fi12 a,--0 NEWPOR 20AND EL CAMINO REAL TOWNHOME-PLAN 1-ALT A3.01 O — ——----- ,s -- 0 �= 8� O 0co ; v; co -:.-- 0 oo — - ——� I� k aos Do i e _ - O ------------ E -- I e a w THIRD FLOOR SECOND FLOOR UTILITY CLOSET FIRST FLOOR 4 BEDSI FLEX i 3.5 BATHS GROSS SF NET SF ° s a,B�,aso NEWPORTAND EL CAMINO REAL TOWNHOME-PLAN 2 A3. Y�cl,y veoru�es ue To-NIA -21 2,11. INNTI— -j J ---- --- - D, DO 0 IN, 0 W 2r FIRST FLOOR OFFICEI FLEX FIRST FLOOR BED 4 ACCESSIBLE -2121 T -CA92614 3121 M 111 NFWPORTAN ELICAMINOREAL 141-1111 IA 12112 IN IA -2121-P 211`='!!�� INIT I- IN-m�l 1-2123 OWNHOME-PLAN 2 A3.11 ca ccL c0 --- u o Oo ao = HTE � R 0 EEIAWE o - - THIRD FLOOR SECOND FLOOR FIRST FLOOR 3 BEDS-OFFICE t 3.5 BATHS GROSS SF F NET SF Ion I ;��crryveon,�es 3�a,�92fi12 a,B��aso NEW IPA ORT1AND EL CAMINO REAL B o TOWNHOME-PLAN 3 A3.20 .., LEGEND � �kp 0 Project Entry and Accent Bollard Lights y; b © Concrete Sidewalk Accent Plaza Paving (Refer to L-5 for Detail Information) 0 Private Patio with Wood Fence and bate The Common •Event Lawn �� - 1 �, �' •Overhead Structure •sty `., ,�F �� '�.. t •Picnic Tables and BBQ 0 Screening Hedge and Vine Planting OProposed Street Trees at a Minimum of 50'o.c. (Refer to L-7 for Street Tree Species and Container sizes) 0 Mailbox S. g Public Amenity Area(Refer to Sheet L-3) � �,� � �- eld�, "(� �,� � •Monumenta4on with Project Logo ,?ice •Decorative Rock w/Uplights •Benches Caltrans EasementArea Sight Distance-Plant materials within the a` r traffic safety sight area shall not exceed ]► "`• — C\ , twenty-four(24)inches in height w 7 fr e RFF W ,r. r y • NEWPORT AVE AND EL CAMINO REAL - CONCEPTUAL SITE PLAN ^� I C2ICollaborative TUSTIN.CA �arvo are as nlTe Tuae City Ventures 1 0.03.23 L 1 LEGEND Existing Street Trees to remain and be IN T­ BOX protected in place P ��� Proposed Street Trees at a minimum of 50'o.c. (Refer to L 7 for Street Tree Species and Container sizes.Newport Avenue street tree shall be 24"box of Lophostemon confertus. 'P The proposed street tree and tree well o �. locations shall be approved by City ofTustin Arborist.) JF' _ Sight Distance-Plant materials within the traffic safety sight area shall not exceed 0 twenty-four(24)inches in height. g�a � c2 g�a cam, eQ __- cs cQ T I S f q i NEWPORT AVE AND EL CAMINO REAL - CONCEPTUAL OFF SITE LANDSCAPE PLAN ^� I C,2ICollaborative TUSTIN.CA � are as nITE Tuae City ventures 10.03.23 L-2 � _ �B�D�G�3.�— LEGEND I �I - _ T k f O Monumentation Wall with Project Logo Concrete Benches © Specimen Tree -� — (-- _ ----- 0 Accent Plaza Paving © Street Trees 0 Furniture per Future Occupants 'Fr-uw area at units with office space shall bef r-hM by future om�pan6. B B�pG f T— >! _ f � I I KEYMAP EL CAM INO REAL 'a^' rI� ,.r � �i�I I.•1r �^, i Q Q ;�� I NEWPORT AVE AND EL CAMINO REAL - PUBLIC AMENITY AREA ENLARGEMENT ^� I C2Collaborative TUSTIN.CA —11 Are Aa 1ITE T-1 City ventures 10.03.23 A LEGEND ° my Private Patio Fence Private Patio Gate " r onument Signage Wa ll l Proposed Green Wall Q /r,♦ 4� '4� ,y i � }A Z ( 4 NEWPORT AVE AND EL CAMINO REAL - CONCEPTUAL WALL AND FENCE PLAN ^� ^^ I C2ICollaborative TUSTIN.CA - are as ITe Tuae City ventures 10.03.23 A r am�c m� ��su sela��Noa��,a�asearo��elo�,colo� v a�,e�elo�r sn6xlaT��ma�t PICNIC TABLE/BENCH COFFEE TABLE/CHAIRS BENCH MONUMENT SIGNAGE WALL MATERIAL SITE FURNITURE AT OVERHEAD STRUCTURE URBAN FURNITURE AT LIVE/WORK&URBAN SEATING AREA SITE FURNITURE wT • co on lan um m Pell :,so,.� ,� s m-n I ! _• � .,-.... cm mrregremmem a�n (� Zt mw� o.w:.mm.I nreepnuxu rm��. seKl:ne:mleme.Inc as 1..1-1 erz Tank cniu aiork�rvaw,ai v In�en�m e �,�nv�n MAIL BOX BBQ TRASH CAN TABLE SCREEN WALL — 4, q'_p l• 4 3'-6"0 coin — -- I I XI�I 0 oaco-ca .rm.,wffix Q ceb�o�hl-M�I�erlwx 0.2i;Mhl-Namla�— Q OQ Q 0000 mw� � Fmm,.sm� Fm� o�ass, comrm N�vm n,mrcamre v�n.re�en<s�amg PAVING MATERIAL PATIO FENCE AND GATE i A I NEWPORT AVE AND EL CAMINO REAL - CONCEPTUAL SITE AMENITIES AND MATERIALS I Collaborative LPNOS TUSTIN.CA are as ITe Tuae City ventures 10.03.23 L-5 -----7- --------------- ------------ -- --------------- ET E ........ C� ...,.,�� 4.. 4, 4 YYY Note:Final overhead design and materials shall be in accordance with the FHWA Noise Barrier Design Handbook ;it I NEWPORT AVE AND EL CAMINO REAL - CONCEPTUAL OVERHEAD DESIGN I C21Collaborative TUSTIN.CA �arvo are as 1ITe Tuae City ventures 10.03.23 L-6 TREE SCHEDULE: AL .- BOTANICAL NAME COMMON NAME SIZE FORM WUCOLS Kcelreu[era 6 p nna[a Ch cese Flame Tree 24"6ox Standard M Lophostemon mnfertus Mist—Box 24"box Standard M Ulmus Pswiflora"Drake" Chinese Elm'Drake' 24"box Standard M _ 6l Spec men Trees a Jacaranda mmosfolis Jacaranda 24"box Standard Is Quercusagr fola Coast Live Oak 24"box Standard VL Pat,Trees Arbutus unedo Marina' Marina Strawber 7 Tree 24"box Standard L Pyrus calleryana'Bradford' Bradford Pear 24"box Standard M ' Screen Trees Podocarpus macraphyllus yew Pine 24"box Standard M Magnolia virginiana Sweet By 24"box Standard L ®SHRUB SCHEDULE: BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS 0�7' Agave spp. Agave spp. 5 gal 36"o.c. L ' Aloe spp. Aloe spp. 5 gal 30"o.c. L Bougsiirvill.Ts AlLs' Ls Jolla Bougainvillea 5 gal 36"o.c. L Dietes bicolor Fortnight Lily 1 gal 24"o.c. L Mylim..wheeler Desert Spoon 5 gal 30"o.c. VL Hesperaloe p—ifl—'Brake Lights' Brake Lights Red yucca 1 gal 24"o.c. VL Lavandula dentata French Lavender 5 gal 36"o c L ',,. 1 Olen Tittle 011e" Dwarf Oliwe 1wl 24"oc L Lgurtrum faponcum Texanum Waxleaf Ni- SWI 30"oc Is e Lomandra long fol a Sp iry headed Mat Rush 1 gal 24"—. L Prunuscamin,m BrghtnTght Cherry Laurel 15WI 36"oc M Rhaph olep s.Clara Clara Ind an Hawthorn 5 gal 24:o.c. L Rhaphiolepis i.'Wpstic Beauty' Majestic Beauty Hawthorn 5 gal 36"o.c. L Rasa spp. Rase spp. 5 gal 30"o.c. M \ I r - { f i MGROUNDCOVER SCHEDULE: BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS Car ssa macrocarpa'Green Carpet Green Carpet Natal Plum 1 gal 24"oc. L Lantana montevidensis Trailing Lantana 1 gal 24"oc. L Lancers fapan ca Hallam Japanese Honeysuckle 1wl 24"oc. L Myaporum ps fol um U.h Creek Creeping Myoporum 1 wl 24"oc. L Senecio mandrali— Kleinis 1 gal 18"oc. L Trachelospermum psminoides Star Jasmine 1 gal 24"oc. M Sodded Turf Sodded Turf Sodded - H Nate: 1.Landuaping shall enhance the quality of the development by framing and softening the appeamrke of the building,,enhancing the.mall image, screen unde,imble view,,and p—d shade. ;it I NEWPORT AVE AND EL CAMINO REAL - CONCEPTUAL MASTER PLANT PALETTE I C2ICollaborative TUSTIN.CA — Are Aa nITE T-1 City ventures 10.03.23 L-7 LEGEND Low Medium High 10 •� r�: .� '�. m.I ages „�J �~.. . ��` O 9F9` `� — � r x �y 1 :gtm p cet egtr,e- 1 1.D h bant l h share 1,zed DC6P r q Y ... All pl-y areas shall nave a rally ya- sy�rem a"`.� p, p;iµgl,' Ur are mnury ng feawres h b-p plot ovate h d-b fl m�ro sprays ordrp-ya- nzors and �µµ I-p g ontrollers wrth wea he pblry and drp aA g h f s W Eff L d p - system hd t d W kl halIb dsgned 0 k he 9- iN 6,Cty iT -W EHbent 'f ot—,�G der fa lmpl,ml,UM,o n 1Ca f-11w rem E11icientLandscape04ma- NEWPORT AVE AND EL CAMINO REAL CONCEPTUAL IRRIGATION CALCULATION I C2ICollaborative TUSTIN.CA - are as nITE Tuae City ventures 10.03.23 A OPEN SPACE Common Open Space (For active or passive use by residents only) ® 11,173 sf Provided (8,400 sf Required) J P Private Open Space Q� QO Patios* 4,036 sf Balconies* 2,342 sf ltr i rq� Total 6,378 sf Provided kh� (4,200 sf Required) r,f,, Ar hi ',Plan I.,More hfortnalion N Li \ ` �(C Pit= �{ ��1d �� PERMANENT LANDSCAPING (GENERAL) 2 tt, �tFj�� L 22 i Site and Perimeter Landscaping Area at the Ground Level 2,711 sf c2 Landscaped Parking Area 1,585 sf LANDSCAPED PARKING AREA CALCULATION Parking Stall Area 2,976 sf Landscaped Parking Area 1,585 sf cQX Total 4,561 sf Landscaped Parking Area Percentage 35 (5%Required) 'mow .t O 24"Box Tree per 6 Parking Stalls �Rf�WgY PUBLIC AMENITY AREA 1,392 sf NEWPORT AVE AND EL CAMINO REAL - LANDSCAPING AREA CALCULATION --- ^^ I C2ICollaborative TUSTIN.CA - are as nITE Tuae City ventures 10.03.23 L-9 o`„^µ°",IFD,°NFw rvresre rereaa„a„ anrva E aaar� VESTING TENTATIVE TRACT MAP NO. 19164 FOR CONDOMINIUM PURPOSES �re�rearoaore aaN II�:,,ss,resrv,a sa<-ore„e,o„aw IF xEErINOFx: CITY OF TUSTIN,COUNTY OF ORANGE,STATE OF CALIFORNIA SITE ADDRESS�m oe.ns-m.-aE s-awuM nM acass I xrowun L—Fm ° uE. VESTED OWNER Aunirv.c. rexre �.. � ttEE aro g°uruE°rea°Emv.ns Awuns iry rouwu ^rvo waaEE ay n uwreim uw.a xis BA515 OF DEARINGSILDI E arrvas wawry umrnry caurvn v\ \ \ �� l oaaM ornu'E°o-IF rvaEsaroa reuE a rva a 14 a`us P[R RroAOS oN L["N,x[ J�`1 \ DATUM STATEMENT PM s // VI DIN eTM NAP omaxs umNp o" Eu aaourvo611—1uNo+wrs1rv111 � \.. I.a—D ar ammAas.E(an sosr oxosuu oral wwEE a BENCHMARK STATEMENT E Q oii:ws nAl sry aia nxo 5 Q/ FNIM aurva reru 111 sa n.samrv°u rvr G FIW—L r aE a s`MwErvE EE Pig z .a NrEEo-A ao E rvewoa,—F E E °„re„w„. •. Raa�w,o Ervr � ENam aaE aN \ RDDD NoiE re` �/ �E EreaaE E�waarvmrvE. wm arrEaaa rerervre��reaE a�EErvrvuaEre EwPo K o y �E Ea rea�rrrr M�E or,v as a MAPPING SDMMARY 'r1A° area's IF Ih Amu : ( I.z v Al wu wE c F, ,�° s - E� \ wuE � wn�Ea u emu uuvE Ex reiW � '� � � �°"k UTILITY PURVEYORS&SERVICES ry TA Mac or°amEan r � }$ (em or Aunry warn sEmacrs) R al n�nw o oxn rvr _ re wn e sarvs ) (soo s�„resns IN 11W '-9 FFr reowaNry e) 9� .Alm lm )w et m),n rzaoa `& ,Q� IS o IFE EE / ( urnxrvc) (erol ez�san E/r - / -aaE A OF—rerv,Ia-aaE a„rern Irn na nre wrr wm r � ... A VA -�< GENERAL NOTES us wn Na arvsE Ares IF21 eE aruwca as aan ar s,E owai,ary / \ �„. 1 a rvre., ore xusaE aremrva°waasm e �.: � �.k� // ✓'�,� �/� >% - � \ 0 ��\ u°un or Axs oEuw°uon � A ' 4 ••. \�"�. \ N E.uw uuEaew coat s(auJ �� A.�� \ \ Y \ \ \ s.I k wxmawry muuErecu mreE � � � - iMH4LS � / \- I D esaw arr wEu `, 1 �% �,\ EXISTING EASEMENTS �nnnwre wa 6 �`- AuaAUEawrvaxuaarwawuoaaEsIF N' Eea:ns ar acts Aaw TOTAL LAND C Aal ra, E,reEEA ore rvarew,w oaun rea Ewa wrvre= rea»,E=rea aary nKre1a rreau ® =,area arewry�rvrvaa N AR n p \ ,oxo a uWws ENGINEER A mrv.,sa oAtio9 \ / 7K r,."P"N=,rea �a re� H _svaa�,aE aa�uEM ® se„a,gwE rva - ,,"�oK`svo '° `G�„re Is sis s�'�a,re F s rvrareua.IIIE-all aNa,urvE rw4w,reaarea NN�m a IF Po� SUBDIVIDER �NINFNI IF;H° INI Na ry aoo.ate..Ess orraa�rna� _ a�o�✓re�.x rr r '�« a P A° A� A a na e< 1IF 1 e �E mEraaauE wa< lo'rnla;1�� X, a, ,� IN E mare ar Eaaa�ry 1 raffia Eaaary-,a,w.rare aaa1N a u,� a-� aKrea�wren .O rvo omE oe,oaEre b. reE�worvo rva.ry aoo.P..,.a�re,.orraa �. •. re��s na e;Wa al mar ar,wa1,ONIuot aE IN rw,aI ar,vE s,aH OF rk,arerew rare mres,rear,ary ara DN,Ere,rva _N IN,"I reary rere� \. ©ar.rea.rerG war�o,rva rare,aE WEreI rervEEa�ar.aaaw...reEarearva a,AE D 10NOFI� as N,N, res,aauEIF rva PP.aa, a",�arPaaas -- are«,ary ar,yaw as a-x,�m..,u .a 3a ©_� o__o re wNreEre „re,u ry�NEM rva.Pare.ORrw< .,:s =w, �o�n I S CITY OF TUSTIN PROPOSED EASEMENTS I sreEraEo an RE ®E Eu rearecvsl reoreweu�'s PN° \1ISIONS SHEET ENN 4pg 0-IMEMrs1 F01 aNaaA u,ua�Es Ea.reEa��� "NE NE PPaaa E.�nE sa , oo VESTING TENTATIVE TRACT NO.18184 I evren TUSTIN A City Ventures°rsl"�"ss aciv CONSULTING,INC.iu,a@ncaxc.xer 14042 NMF0RT AVENUE,TUSTIN,CA OF ,,. CIVIL ENGINEERING , a - o vuuN—a e_ 5 PRELIMINARY GRADING & SITE PLAN �e;.re o" _o e sPe EL CAMINO REAL a Pam. "", °� ire f Eryr,rer, — -- o. R F faw�ms , J ICI re r a xre G ..a I ree== a reIV s l n G re w v,w+im s uy + E E � rel'rer w-P v.scr[[ry war o . sroeu�wATee eoTe —W�re a��kr � ,rewoare wrere,rek�"srere�"re rere"",w°HanGP acre'0,�ns°o"'a� � ,cp �����z � -- — �®�� -("� to � j✓'� Prererere Pre sre� �1LO`area, PA�,111111 rec rere���"re�re"are ,rere�� 0 rereP I r„ ��PreM re 5 rerre reare" " I =n�. r, I rere reams re,r�� re"m �, 1 rea ",, �� pY ll "rM no re° i P`°a- A arel "op sow mre,"P��o,repo p N cE ExPanP"�w�i ew��l wa�rerere,M ,- i, rere Ee _— rr ,crew r�"� ,rereP. rs vm� suers °EX'" o+re".r 5 re" u1-"E,rre Peoaoseo enseueluTs "'�°'re" w,rerearre as �re�"re ®ems"srnm rrere"reresss�re��rrere Prere.,� rs - � p'C � I "re ",urere� s"srerea"re.afire orereare su�rea ure�6 SIu".c,arre� ,rereP,rea"c, Pik P o Erer; re� ere""re o r�r"rMr�,rrere Prereare�arer� I rerew rere�rer PeaecT suNuaay. �, N rer" II.I Ere i�mumare���:, Tee NareP�Po�re rewaa�"re re"re�.a u —E srereu�re .. rer "m iP Er,Eo"�o.;,�re" "ra aromrerewmuEA`w^;Ep. aHresrere rearere� see,-rere ,Pn�re o1(111 mEI` Hare re s 3re re�rerew reNurea rer rere m"reo wr srt CITY OF TUSTIN win Pre�,�mre" REVISIONS PRELIMINARY GRADING PLAN s"EET ® VESTING TENTATIVE TRACT NO.18184 z sI USTIN A ity Venture tars)"zseE9sssre ci�.svn�'so CONSULTING,INC.wra@nc+xc.xer 14N2 NMW RT AVENUE,TUSTIN,CA OF CIVIL ENGINEERING� re o vuuwuo a s�ave'ius 5 PRELIMINARY SECTIONS mi H aE TYPI—STREET SECTIDT SECTION C SECTION A-EL CAMINO REAL arx � El'-:1- 4 -P L--1 S,E.C,T,I.O,N,,E SECTION F (ow wvemrt�caul sec oioroxo 111P—E, sec oioraxc CITY OF TUSTIN 11E—El�l —ISIONS PRELIMINARY SECTIONS SHEET 1�1'1'IE VESTING TENTATIVE TRACT NO.19164 3 IH 111E,11 11110 TUSTIN A � ity Venture CONSULTING,INC.,.�-.., 14042 NM RT AVENUE,TUSnN,CA OF CIVIL EN GI NEERING��� o N— I-T I` CONCEPTUAL UTILITY PLAN GENERAL NOTES: o vuo uuMwrvEo ar W . / 1 YYYIIII Euro/rvoreM om EI 'HE as Yre _ re„[PreaP[mr awrv[re p reou[owrv[res�cwre orv. � o JLJ­L11"I �.sreososxo orvsn[soreu oreury sm[u swu a es sreNus.cwrvm,wo un Nurv[o ar rxs sreos[rerc cwrvw,wo/ore,wso rvr[o reou[owrv[res�cwre orv. �_�e - cow CAMINO REAL rauw��`reIw El �F — moo:oo„ �' r'o�w°w f 4�1 . Ere P re� ZN KT 1p lol -- _— reP Irv, 711.1 re,re Ilk �w o renre reG ssm ^P e re e ow a.,w ra.ureni ~ ue \, „rere,rvewaon,mrt a uPlIF y ,d LEGEND ° � G � 1J � auras k m nrvoiE PON oau � If uv„ n[o rvu*swsusrvr .p //� rewsmreuw _ V V uVE ��i[ reins ! BO BLaW OEEV �� asoo ere so rvo aw 1-1 wus z ca cwcu ansry — � a „rere ESE �� EIS-i� — — — !69° r� I=N FZ EErv� I N11N NLm rv���rvre �« mrv� Nrv'EE °w" oR"��' rere ,re1�rv> I rere° ��" 1� o to re �wHa E11111 MH IT /Ex „rem NI E PrerePEre�r�ry pe Eo� pyl�� Pre �= �EEW i �rvreN EawErPre�E �/ � e f ,re,N.�ErvlEres„reE I , - p P i rv[R ,E ,E,�P ,�GPorearer „ ,rew�s,l— o w< wire a , _ °�Pll� o ,�ow wry w<,Ere E - sNx r un<N I � ry Pn rvs of or PeoPEm"1rvE � '�� � aN Pa oresreE O ll reN O rew Pre �rvE ��reP,re1rv� � ry reow 1 of reE re rerew s— � �w reNsreE reE ry srE1 wE rvreN„E11 sn soN„ E/r it win raa � PROPOre5GE0 EASENEM Erevics uExicies o—EME11111.1 Prererere NIN'Es CITY OF TUSTIN lol rerer, —ISIONS PRELIMINARY UTILITY PLAN SHEET ® VESTING TENTATIVE TRACT NO.19164 a a� TUSTIN A ity Venture �fsreJ�zseE9sxz oai E.svnE,so CONSULTING,INC.wfv@n�-.n 14N2 NIMP RT AVENUE TUSnN,CA OF CIVIL ENGINEERING o oL ENGINEERI G 5 g ,r„rrerv�ory rerry `�� � I � e1 uo a xo rmwrvo a sn „,u,,,, ff P.IRKINc wont acnr�u< `�"® m -" `��'� rem smrrervc ory `�`•�'� eocmaourvo m,�,' -Y \ x rueic rx� - x aueic rx� � - nN0 PARKING SIGN FIRE LANE ENTRANCE SIGN m - �rvmo�mrvaorvomArer•rvrvrvnu'. FEEL CAMINO REAL rvo,6.r woreo,r�gar rer wx,r �. _ rms s11 ar gaxA All arvoorv,ro rorm,xr rerEr�M ory rero awmmxrvo mo arE o1 or,awa on,. rrvo<Ere,.rwre[,rvrxErvxrox, _ orvrorvrvo,rew.a rmmrvo,xr oEmwra AreE '."-�O'rvr skr o rer�o ory wxnr rerr��u< _ _ a rorvr rx�rer rvmr or oxremE w,o,w - ry rvs,wro rE anmxrvrm,. a.Immrvc s«u,er Eo ory wxnr enErlu< � ---- -- ----- -- ae,.waa,rvo.rvo nwna,aory,rvaA ry � � �� r ar > � - id I ,.5 Ery 1 r11E' + T..1,t � �Im a aorvro E a-0oo11H —' �ffaory amxam - �..' E.arurewm wwnn ,.ccrA say xsarc,orvs iAoe,rx rv,rea xreoo�rvry Arwwa x+ aroraa% . ao sae rvrcmo:�r aa xa�m� are,sE � . wEEoraaPr,oEroaa sron orvro PN� -. — - " -DIPP A,ory r„ry,rya reroors,rvorvre,re ro � � �� •� S6 5�� rvo,o aRremo„or moagrvo<x,a,r,rervs ��� - /,— reE.araory oEoOefP ,tore rr.,Es ry<w,�o mrmAE mE,u<or,A,ory EEreoxE�rEr«r reroxrero rrep - _ ro.,xw,rerre oreor rv,rrE orv.xE,xr rxE rvoo,K -� ,.ammo m,w,A,ory or,a,ma,rr�Arva a,oxa,r Ate,om,rvra,morva rvo,D'. a.,xr , nrr aw �.,x,aE,rery rax,W, � rxAor ,xo.•A ,m, rer ore,. o.aN orvo s,�rm�.rm rv—m r�=x,E rer,m�E rery„r A m i w, r ur or o <se�� CONSTRUCTION NOTES: x Aarar ,ar rvwrv,Arv,o Arvo a,rvwry a,roA o,oxs,ax„orva A,E„rv„ oxrerva wxEr P-1 a rvo,ar•,a,rre o<,rvr o�,.Emrr Al rvorer ou,orvre rer mw�o.rvrer,c„a Arva r,rerva„o E � O o°p`xw�xryraa rvoa,a onw,xrarory Arva a,a aomrm ,rvr oa A aao ,rvr affirm 000a� o<,ar ,�aos,ro mo wraE�rv,xr arva,a aom orvarvo �,. ��ry rery ary rerv<,rery�arva rer rrexaara x raxrre A o- ,r,axre,arrer xmreArv,arre a,.rer A mxre ore rvrerer=,orerr=»�,rer rreovara�x rare,�a.=,�rvrrr rerrx� re<. ,x rere�rva xr n ry xr�� m a�xrvaTrn � o- r�mxr k,rer ry rem rreorv,or r rer,xr�rere,A H r xr,xr�rere rare �rrwrvx �a�5 SAd T"'T."' rvr,a raw Irvr�a tar wax rvxar�NrerereEarre�� Era�rra'a, ry as tore�,Pombrvr or,xr rrer ors reams. offo s,m ormrra"ter°°°°E"r BUILDING SUMMARY: �,.rrer w,r r��r aHo rero Ear s»k,rvE,,xr rrrmnaA,�orvr rxowry�ry oarA m�Eorvr�A aHo _.... oreors.z�r�m 'Al ALL I1--r mmrea.orva Pry LEG D: 6 arm.rvm,�mr,off naAi soma rorva,A,,xl el Iatir a ws ,el ara�em ;w A,.r�rvawu�ax,x,E�,o1rvo 11 moararro moan1—E o,PROPOSED EASEMENTS: � AN,m —__— r oE�+nrvrm�ox, wA. ;^° ��� aP 1 re,o�rvs,A„A,�ory mo rxw,ff�ry rorvaxma,m,x a-11 r ———— ,mrrv,m nrv, rvr�trvAxl s< © r rvrrv„r>rxa�ry ,ter=;,Aa,rvraa,ry re O X1E1,rvrrer—,A Wrv.,5_xreare., ,r 'a ram, 0 A51Ew,rx,rsr pare PIaH�u,IN�E. aro axm s,a�a�rvo N<A Am<a« � s? • "M"'"FN1 Mr,r�oa CITY OF TUSTIN oasreua wwrb rvuue,res ore rowan,x REVISIONS PRELIMINARY FIRE ACCE88 d HVURANT LOCATION SHEET 4 ,rvirvvs are mueunien reooI,Av,urv,r orv„ FLAN ,I w��,w,rr ore mxrre aos,rexE�orv:.r r.soar pro ® VESTING TENTATIVE TRACT NO.19164 5 : USTIN A CONSULTING INC. ity Venture (Arsl�z�ser9s65�c� ra@M+x<.�n� 14042 NEWPORT AVENUE,TUSTIN,CA OF rxwiwnary or,+nuu snr nrvo area�,c,corvoniorvs ore oittsosure,or CIVIL ENGINEERING I All"—wroaw�iory o vuuwuo a auxe'iuo 0 5 ATTACHMENT D RESOLUTION NO. 4478 - ADDED 10-9-23 • Exhibit A: Conditions of Approval • Exhibit B: VTTM 19164 • Exhibit C: DCCSP EIR MMRP • Exhibit D: RAR 2023-0001 Approval Letter with Written Findings Pursuant to DCCSP RESOLUTION NO. 4478 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE SUBDIVISION 2023-0003/VESTING TENTATIVE TRACT MAP 19164 FOR RESIDENTIAL CONDOMINIUM PURPOSES, DESIGN REVIEW 2023-0019, FINAL APPROVAL OF RESIDENTIAL ALLOCATION RESERVATION 2023-0001 , DENSITY BONUS CONCESSION AND WAIVER REQUESTS TO CONSTRUCT A NEW, LIVE/WORK AND RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE THIRY-FIVE (35) RESIDENTIAL CONDOMINIUM UNITS AND SEVEN (7) LIVE/WORK UNITS, FOR A TOTAL OF FORTY- TWO (42) UNITS IN SIX (6) BUILDINGS, INCLUDING TWO (2) AFFORDABLE UNITS, ON APPROXIMATELY TWO (2) ACRES Al 14042 NEWPORT AVENUE 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 to the City of Tustin (the City) Community Development Department by City Ventures Homebuilding, LLC for a Subdivision Map (SUB 2023-0003)/Vesting Tentative Tract Map (VTTM No. 19164), Design Review (DR) 2023-0019, Final Approval of Residential Allocation Reservation (RAR), Density Bonus requests, and Development Agreement (DA)2023-0002 for one (1)concession to remove the requirement for full replacement of frontage improvements along El Camino Real; two (2) waivers to reduce the minimum required ground floor commercial development standards within the live/work units that include the interior depth from forty-five (45) feet to thirteen (13) feet eight (8) inches (13'-8") and first (1 st) floor plate height of the live/work units from sixteen (16) feet to ten (10) feet one (1) inch (10'-1"); and use of State Density Bonus Law parking standards, which allow tandem parking; and Development Agreement (DA) 2023-0002 to construct a new, live/work and residential condominium development project that would include thirty-five (35) residential condominium units and seven (7) live/work units, for a total of forty-two (42) units in six (6) buildings, including two (2) affordable units, on approximately two (2)acres. The project would also include an enclosed, two-car garage and private open space for each dwelling unit, a total of seventeen (17) guest surface parking spaces, common open space areas, landscaping, and a 1,392 square foot (SF) public amenity space fronting El Camino Real. The project is located at 14042 Newport Avenue within Development Area 6C (DA- 6C subarea) of the Downtown Commercial Core Specific Plan (DCCSP, SP- 12). B. That the Development Application requests the following approvals: Exhibit A Resolution No. 4478 Page 2 • SUB 2023-0003 / VTTM No. 19164 to subdivide the existing three (3) parcels to one (1) lot for condominium purposes to construct a total of forty-two (42) units including forty (40) market rate and two (2) affordable units. • DR 2023-0019 for site layout and building design. • Density Bonus request with five (5) percent of units identified as very- low income housing with a request for density bonus of twenty (20) percent (35 base units, plus seven (7) density bonus units); one (1) concession to remove the requirement for full replacement of frontage improvements along El Camino Real; two (2) waivers to reduce the minimum required ground floor commercial development standards within the live/work units that include the interior depth from forty-five (45) feet to thirteen (13) feet eight (8) inches (13'-8") and first (1 st)floor plate height of the live/work units from sixteen (16) feet to ten (10) feet one (1) inch (10'-1"); and use of State Density Bonus Law parking standards, which allow tandem parking. • DA 2023-0002 consistent with the requirements of the DCCSP. C. That the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That Tustin City Code (TCC) Section 9323b2 requires TTMs be prepared for subdivisions creating five (5) or more condominiums as defined in Section 783 of the California Civil Code. E. That TCC Section 9272b requires the applicant obtain DR for site plan, architectural elevations, and landscaping for construction of a new development prior to the issuance of any building permit. F. That pursuant to TCC Section 9123, the applicant has requested a Density Bonus Law concession to remove the requirement for full replacement of frontage improvements along El Camino Real. G. That pursuant to TCC B9923, the applicant elected to provide five percent (5%) of base units in the residential project, or two (2) affordable units, and made available to very low-income households. H. That pursuant to DCCSP Section 6.1.3.1, a DA is required for approval of a Subdivision Map. I. That pursuant to TCC Section 9124, the applicant requested Density Bonus Law waivers for a reduction in the minimum required ground floor commercial development standards within the live/work units that include the interior depth from forty-five (45) feet to thirteen (13) feet eight (8) inches (13'-8"), and reduction in the minimum first (1st) floor plate height mixed use development Exhibit A Resolution No. 4478 Page 3 standards from sixteen (16) feet to ten (10) feet one (1) inch (101") in the DCCSP zoning district. J. That pursuant to TCC Section 9132, the applicant requested Density Bonus Law parking provision to allow tandem parking for twenty-two (22) of the residential condominium units (Plan Type 1 and Plan Type 1-ALT). K. That a public hearing was duly called, noticed, and held for SUB 2023-0003/ VTTM 19164, DR 2023-0019, Final Approval of RAR 2023-0001, Density Bonus concession and waiver requests, and DA 2023-0002 on October 10, 2023, by the Planning Commission. L. That the Planning Commission considered a statutory exemption from CEQA pursuant to State CEQA Guidelines Section 15182(c). The Section 15182(c) statutory exemption allows residential projects implementing a Specific Plan if a public agency has adopted an Environmental Impact Report (EIR) on a specific plan after January 1 , 1980, and no subsequent EIR has been completed. The DCCSP EIR was certified in 2018 and none of the conditions described in CEQA Section 15162 calling for the preparation of a subsequent EIR/Notice of Determination have occurred. Therefore, the Planning Commission recommends that the City Council find SUB 2022-0003/VTTM 19164, DR 2023-0019, Final Approval of RAR 2023-0001 , Density Bonus concession/waivers request, and DA 2023-0002 exempt from CEQA pursuant to CEQA Guidelines Section 15182(c). M. That as conditioned, Sub 2023-0003NTTM 19164 would be in conformance with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: 1 . The proposed VTTM 19164 and improvements are consistent with DCCSP, TCC, and Subdivision Map Act. 2. The site is physically suitable for the type of development and proposed density for a new, live/work and residential condominium development project that would include a total of forty-two (42) units in six (6) buildings on approximately two (2) acres within the allowable density requirements of DCCSP General Plan designation. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage in that the development is located on a vacant parcel within an urbanized area and any potential environmental impacts can be mitigated to a level less than significant as determined in the 2018 certified DCCSP EIR. 4. The design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems, and the development is in compliance with the Zoning Code and the DCCSP, except for those development standards associated with the Density Exhibit A Resolution No. 4478 Page 4 Bonus request and will be required to comply with the applicable building and life safety codes. 5. That the waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of existing requirements, prescribed by the Regional Water Quality Control Board, in that the development will be permitted through the Orange County Sanitation District and/or East Orange County Water District to utilize community sewer facilities. 6. That recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation improvements associated with the project. N. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct. O. That the project meets the development standards of the DCCSP zoning district for Development Area 6 (DA-6C), except for those waivers and concession requested by Density Bonus law. P. That TCC Section 9331 d requires the subdivider to dedicate parkland and/or pay a fee in-lieu of providing a parkland dedication. That common open space in excess of what is required by TCC is provided and the project includes a subdivision of less than fifty (50) parcels. Pursuant to TCC 9331 d3, the applicant shall be required to dedicate or pay a park in-lieu fee for the entire parkland dedication requirement of 12,258 square feet. Consistent with DCCSP Section 6.6(B)(4), the project includes a 1 ,392 square foot public amenity space that is accessible to the public via easement and includes a decorative wall, seating, landscaping, and lighting. The Developer or homeowners' association ("HOA") will maintain the public amenity space at the sole cost of the Developer or HOA, as applicable, and such obligation shall be set forth in the CC&Rs for the Project. TCC Section 9331d6 allows for a "credit" for public park improvements provided on-site and the City agrees to credit the actual square footage of land and value of the improvements against the payment of in-lieu fees. Q. That the proposed project is consistent with the General Plan Housing Element Goal 1 in that the project would facilitate the provision of 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 and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA) and the requirement of Voluntary Workforce Housing Ordinance (TCC B9911 et seq.). The Project proposes thirty-five (35) residential and seven (7) live/work units, for a total of forty-two (42) housing units. Two (2) of the forty-two (42) units will be reserved for "very low-income households." The remaining forty (40) units will be market rate Exhibit A Resolution No. 4478 Page 5 or ("above moderate") units. in addition, the applicant will pay an in-lieu affordable housing fee which will be used for development of affordable housing in another location within the City. R. That the remaining sites identified in the Housing Element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City's remaining unmet regional housing need allocation at each income level. 1 . Pursuant to subdivision (b)(2) of Government Code Section 65863, if the City allows development of any parcel with fewer units by income category than identified in the Housing Element Sites Inventory for that parcel, the City is required to make a written finding supported by substantial evidence as to whether or not remaining sites identified in the Housing Element are adequate to meet the requirements of Government Code Section 65863.2 and to accommodate the City's regional housing need allocation (RHNA) at each income level. 2. The project site is identified in the City's Housing Element Sites Inventory as Site 15, with an estimated capacity to accommodate 60 total units, consisting of 9 very low-income units, 3 low income units, 15 moderate income units, and 33 above-moderate income units. The project proposes a total of 42 units for the site, consisting of 40 above moderate-income units and 2 very low-income units. As a result, the proposed project is 18 fewer total units and fewer moderate, low and very low-income units than identified in the Housing Element sites inventory for the project site. 3. The City's RHNA for the 2021-2029 planning period is 6,782 housing units for all income levels, consisting of 1,724 very low-income units, 1 ,046 low income units, 1 ,132 moderate income units, and 2,880 above moderate-income units. Accounting for "pipeline," at the time the City's Housing Element was prepared, 556 units had been permitted or approved on sites included in the Sites Inventory to satisfy the City's RHNA. Therefore, counting these "pipeline" units, at the time the Housing Element was prepared, the City's unmet RHNA was 6,226 units, which consisted of 1,708 very low-income units, 1 ,042 low income units, 1 ,128 moderate income units, and 2,348 above-moderate income units. Subsequent to preparation of the Housing Element, as of October 10, 2023, the City has permitted or approved 57 new housing units (including ADUs) on sites that are not identified in the Housing Element, including 2 very low-income units, 1 low income units, 2 moderate income units, and 52 above moderate-income units. Except for the "pipeline" units, no projects have been approved on the sites identified in the Housing Element Sites Inventory. Therefore, following approval of the proposed Exhibit A Resolution No. 4478 Page 6 project, the City's remaining unmet RHNA will be 6,127 total units, consisting of 1 ,703 very low-income units, 1 ,041 low income units, 1 ,126 moderate income units, and 2,257 above moderate-income units. 4. The Housing Element identifies 18 sites (each made up of multiple parcels) to meet the City's 2021-29 RHNA at each income level. Sites 1 through 16 are within General and Specific Plan areas which do not impose specific density limits for individual sites, and many of these sites can accommodate more density than reflected in the estimated capacities listed for these sites in the Sites Inventory. For example, the development densities reflected in the Sites Inventory for the parcels within the Downtown Core Specific Plan Area range from 27 to 48 dwelling units per acre; but recent multifamily projects in the vicinity have been built at densities as high as 90 dwelling units per acre, and recent mixed-use developments within the City have been proposed at densities of up to 62 dwelling units per acre. As described in the Housing Element, the City took a conservative approach in estimating capacity for sites within the DCCSP Area, and these sites could accommodate higher density and, based on their zoning, site characteristics, and expressed property owner and developer interest, these sites are suitable for development of additional moderate and lower income units. 5. The Housing Element also provides for a 20% "buffer" consisting of 1 ,356 units on parcels within Tustin Legacy (Housing Element Sites 1 and 2), which is intended to accommodate additional residential development to meet the City's RHNA in the event that other remaining sites identified in the Housing Element cannot accommodate the City's unmet RHNA. Therefore, although the proposed project will provide 7 fewer very low-income units, 3 fewer low-income units, and 15 fewer moderate-income housing units than identified in the Housing Element for Site 15, the remaining sites identified in the Housing Element are adequate to accommodate these units and the City's remaining unmet RHNA at each income level. S. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that there are existing multi-family residences in the general area of similar massing and scale. In addition, the architectural design and features are an enhancement to the existing housing stock in the neighborhood. The proposal 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 Planning Commission has considered at least the following items: • Building Design. The project is designed to be a vibrant, high- quality residential development providing business Exhibit A Resolution No. 4478 Page 7 opportunity along El Camino Real consistent with the DCCSP. The architectural style is contemporary and features clean lines, ample glazing and fenestration, windows with trim surrounds and siding, metal canopies and railings, and subtle color schemes. The building elevations include vertical and horizontal architectural features and color schemes that break up the overall massing and provide visual interest as shown in the elevations. • Site Layout. The site has pedestrian and vehicular access from Newport Avenue and El Camino Real. Each street frontage includes one two-way driveway and pedestrian path that leads to all areas of the project site. Residential buildings are proposed away from the 1-5 freeway and two buildings that include the live/work units front El Camino Real. . The driveway entry along Newport Avenue is flanked by landscaped setback planting area enhanced accent plaza (public amenity space) along the eastern driveway edge. The three-story buildings are proposed to comply with maximum allowable height of four stories for the DCCSP DA-6C. Roof top mechanical equipment would be fully enclosed within a parapet, and other electrical equipment would be screened from public view. • Access and Circulation. The project would include one (1) primary twenty-seven (27) foot-wide driveway on El Camino Real and a secondary twenty-seven (27) foot-wide driveway on Newport Avenue. The driveways connect to a twenty-six (26) foot-wide drive isle that loops around the interior of the project site. On-site drive aisles would provide direct access to garages and on-site guest parking. Pedestrian sidewalks and pathways would be installed to circulate the site and connect to the proposed common open space located fronting Buildings 3 and 4, as well as the plaza (public amenity space) area along El Camino Real. • Parking. The project provides the minimum amount of parking required for residential, guest and business parking per the DCCSP and TCC. • Private and Common Open Space. The project would provide the following open space areas: o Each unit is designed with a private entrance and a minimum of 100 square feet of private open space including a minimum of 50 square feet of enclosed storage. The project has a combined private open space area of 5,531 square feet, with an average of 132 square feet of private Exhibit A Resolution No. 4478 Page 8 open space per unit which exceeds the minimum open space requirement required in DCCSP DA-6C. o The total common open space provided is 11,173 square feet, including a combination of the Common and areas adjacent to walkways. Pursuant to the DCCSP, 8,400 square feet of common open space is required and in total, an average of 266 square feet per unit. The common open space areas include lawn area, a variety of shrubs and trees, overhead structure, BBQs, picnic tables and seating areas. • Lighting. Proposed outdoor lighting would be typical of residential uses and would consist of wall-mounted lighting, pole-mounted lights along the driveway, path lights/bollards, and landscape lighting. All of the project's outdoor lighting would be shielded to minimize off-site spill and would be in compliance with TCC Section 9271hh. • Wall and Fences. The project will include a combination of walls and fences. A barrier is not required along the southern perimeter to maintain a defensible space and visibility between the project site and the 1-5 retaining wall. Along the eastern boundary is an approximately three (3) to four(4) foot wall along the property line shared with the Kings Car Wash property adjacent to El Camino Real. Staff has recommended a condition of approval (Condition of Approval No. 7.10) that the project provide landscaping along the eastern property line with the car wash site to provide a buffer between the dwelling units and the car wash. A new 6'8" screen wall will be provided along the property lines with the Jack in the Box site. The only new fencing proposed would be surrounding the private open spaces fronting El Camino Real. The private open space fencing would be three (3) feet in height utilizing fiber cement siding matching the building architecture. • Landscaping. The proposed landscape plan features water efficient design and includes several different plant species across the project site. Groundcovers, shrubs, succulents and trees will provide screening and aesthetic treatment along all property lines. In addition, all planting and irrigation shall comply with applicable water conservation limits. • Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The contemporary building design with accent materials is compatible with other buildings in the area. The buildings would meet the Exhibit A Resolution No. 4478 Page 9 development standards as required by the DCCSP and TCC, except as those deviations per the Density Bonus requests. • Density Bonus Concession. The applicant is requesting a Density Bonus concession to remove the requirement for full replacement of frontage improvements along El Camino Real. • Density Bonus Waivers. The applicant is requesting two (2) Density Bonus waivers to reduce the minimum required ground floor commercial development standards within the live/work units that include the interior depth from 45 feet to 13 feet-8 inches (13'-8') and first (1st) floor plate height of the live/work units from sixteen (16) feet to 10 feet to 1 inch (10-V). T. That the development is consistent with findings required for approval of the RAR pursuant to Section 6.6 of DCCSP as described in Exhibit D attached hereto. II. The Planning Commission hereby recommends that the City Council approve SUB 2023-0003/VTTM 19164, DR 2023-0019, and Density Bonus Concession and Waiver Requests authorizing the subdivision of an existing two (2) acre site consisting of one (1) numbered lot for the development of forty-two (42) condominium residences, including forty (40) market rate and two (2) affordable units located at 14042 Newport Avenue, subject to the conditions contained within Exhibit A, attached hereto. Exhibit A Resolution No. 4478 Page 10 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 10th day of October 2023. STEVE KOZAK Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Conditions of Approval Exhibit B: VTTM 19164 Exhibit C: DCCSP EIR Mitigation Monitoring and Report Program (MMRP) Exhibit D: RAR 2023-0001 Approval Letter with written findings pursuant to DCCSP APPROVED AS TO FORM: DAVID E. KENDIG City Attorney MICHAEL DAUDT Assistant City Attorney Exhibit A Resolution No. 4478 Page 11 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. 4478 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of October, 2023. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL SUB 2023-0003/VTTM 19164, DR 2023-0019, FINAL APPROVAL OF RAR-2023-0001, DENSITY BONUS CONCESSION AND WAIVER REQUESTS, AND DA 2023-0002 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 10, 2023, 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). (1) 1.2 Approval of Design Review (DR) 2023-0019 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twenty-four (24) months of this approval, unless otherwise provided for by the Development Agreement (DA) 2023- 0002. Time extensions may be considered consistent with the provisions of DA 2023-0002. (1) 1.3 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) 1.4 Approval of SUB 2023-0003NTTM 19164, DR 2023-0019, final approval of Reservation Allocation Reservation (RAR) 2023-0001, Density Bonus Concession and Waiver requests, and DA 2023-0002 are contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the applicant and/or 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 PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 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) 1.7 As a condition of approval of SUB 2023-0003NTTM 19164, DR 2023-0019, final approval of RAR 2023-0001, Density Bonus Concession and Waiver requests, and DA 2023-0002, 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) 1.8 All activities shall comply with the City's Noise Ordinance per Chapter 6 of Article 4 of the TCC. (1) 1.9 This approval shall become null and void if DA 2023-0002 is not approved and executed. The applicant shall comply with executed DA 2023-0002. (1) 1.10 In the case of any conflict between these Conditions of Approval and DA 2023-0002, the DA between the City of Tustin and Developer shall govern. DEVELOPMENT AGREEMENT AND HOUSING AGREEMENT (***) 2.1 The DA between the City of Tustin and the Developer shall be executed and recorded upon adoption. (***) 2.2 Per TCC Section B9923c, the Housing Incentive Program Agreement (Housing Agreement) shall be executed and recorded between the City of Tustin and the Developer prior to the issuance of building permits. Said Agreement shall be recorded against the entire property. The Housing Agreement may include provisions for the following terms, but not limited to: 1) equity sharing, 2) level of affordability, and 3) terms of affordability. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 3 VESTING TENTATIVE TRACT MAP 19164 / FINAL MAP CONDITIONS (1) 3.1 Preparation and recordation of a final subdivision map shall be required and shall not preclude the issuance of a grading permit. Within twenty-four (24) months from Tentative Map approval, the applicant shall record, with appropriate agencies, a final map prepared in accordance with subdivision requirements of TCC Section 9323 and the State Subdivision Map Act. The Final Map shall be submitted for review, processing, and recording at least ninety (90) days prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of TCC Section 9323e3 and State Subdivision Map Act. (1) 3.2 The Subdivider shall include the following on the Final Tract Map (map): a. Release and relinquish to the City of Tustin all vehicular access rights along Newport Avenue and El Camino Real except at approved access locations and street intersections, at no cost to the City. b. Dedicate in fee title, Newport Avenue to the City of Tustin, at no cost to the City. c. Dedicate by easement, the proposed public amenity open space area (1,392 square feet of real property on-site for public use or benefit), to the City of Tustin, at no cost to the City. (1) 3.3 Prior to approval of the Final Tract Map 19164, the Subdivider shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1) 3.4 Prior to approval of the final map, the applicant is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (1) 3.5 Prior to issuance of a Grading Permit, the applicant shall submit an 8 1/" x 11" street address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in portable document format (PDF) and shall include the site plan, footprint of building(s), and streets. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 4 (1) 3.6 Prior to submittal of an application to the City for approval of the final map, the applicant is required to submit to the City a report to establish the required Park Land Fee, per TCC 9331, which requires that fair market value be determined by a Master Appraisal Institute (MAI) Designated member of the Appraisal Institute acceptable to the City and at the expense of the subdivider; and the determination shall consider the value of a buildable acre of land at the time the final map is to be recorded, as if otherwise the land would be fully developed to the residential density shown on the tentative map for which the fees are required. TCC Section 9331 d6 allows for a "credit" for public park improvements provided on-site and the City agrees to credit the actual square footage of land and value of the improvements against the payment of in-lieu fees. Park Land Fee shall be approved by the Parks and Recreation Director and prior to issuance of a Certificate of Occupancy (C of O), consistent with the provisions of DA 2023-0002. USE RESTRICTIONS (***) 4.1 The project shall include construction of a new, live/work residential development project that would include thirty-five (35) residential condominium units and seven (7) live/work units, for a total of forty-two (42) units in six (6) buildings, including two (2) affordable units, on approximately two (2) acres. Five (5) percent of the base units (thirty-five (35) units) would be affordable to very-low income households, making the Project eligible for a twenty (20) percent density bonus, unlimited waivers, one concession/incentive, and State Density Bonus Law parking standards under State Density Bonus Law. The project would also include an enclosed, two-car garage and private open space for each unit, seventeen (17) guest surface parking spaces, common open space areas and landscaping, and a 1,392 square foot (SF) public amenity space. The project includes a density bonus request for one (1) Concession to remove the requirement for full replacement of frontage improvements along El Camino Real; two (2) waivers to reduce the minimum required ground floor commercial development standards within the live/work units that include the interior depth from forty-five (45)feet to thirteen (13)feet eight (8) inches (13'-8") and first (1st) floor plate height of the live/work units from sixteen (16) feet to ten (10) feet one (1) inch (10'-1"); and use of State Density Bonus Law parking standards, which allow tandem parking. (4) 4.2 All parking spaces shall be maintained as shown on the approved plans dated October 10, 2023. Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Community Development Director. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 5 (1) 4.3 No outdoor storage shall be permitted during grading or building stages except as approved by the Community Development Director. 4.4 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determines that the vehicle turn movements into and out of the project driveways along El Camino Real and Newport Avenue need to be reassessed, the Community Development Director, Police Chief, and/or Public Works Department may require applicant or homeowners association to prepare a traffic analysis and the applicant or homeowners association shall bear all associated costs. If said study indicates that there is inadequate capacity at the project (***) driveway(s), the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: a. Extending the center raised median along Newport Avenue. b. Any measures recommended to eliminate traffic conflicts along El Camino Real. CONDITIONS. COVENANTS & RESTRICTIONS (CC&Rs) (1) 5.1 Prior to recordation of the final map, all organizational documents for the project, including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. (1) 5.2 In connection with the submittal of the CC&Rs to the Community Development Department and City Attorney's Office for review, the subdivider shall provide a matrix/table identifying each of the requirements under this Section, i.e., Sections 5 and 6, and the corresponding page/paragraph where they are addressed in the CC&Rs. (1) 5.3 The approved CC&Rs shall be recorded with County Recorder's Office concurrent with the issuance of the first C of O for a dwelling unit in the development. A copy of the recorded CC&Rs shall be submitted to the Community Development Department after recordation. (1) 5.4 No dwelling unit in the development shall be sold or a C of O issued, unless a homeowners association has been legally formed with the right to levy assessments on all dwelling units in the development and to use such PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 6 assessments to operate and maintain all other mutually available features of the development including, but not limited to, public and private open space, amenities, landscaping, private street, and utilities. (1) 5.5 The CC&Rs shall include, but are not limited to, the following provisions: A. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall have the right but not the obligation to enforce the CC&Rs. B. The requirement that association bylaws be established. C. Provisions for the, operation, management, use, repair, and maintenance of all common areas and facilities including open space, landscaped areas, balconies, decks, walls and fences, private roadways (i.e., walkways, sidewalks, driveways), lighting, and furnishings, awnings/overhead structures, trash enclosures, water quality management plan BMPs and private utilities, if any, shall be established in the CC&Rs. D. Open space areas, private or common open space area, shall be illustrated on a "Open Space Exhibit" and shall be made part of the CC&Rs and shall specify those portions of the open space area that are allocated for private or common use. The exhibit shall include the Public Amenity Area that is accessible to the public. The CC&Rs shall include provisions for authorized uses and structures, access, maintenance, and restrictions in the private use areas to minimize nuisances to adjacent properties. E. Membership in the homeowners association shall be inseparable from ownership in individual dwelling units. F. Architectural controls shall be provided and may include, but not be limited to, provisions regulating architectural features, exterior finishes, roof materials, fences and walls, balconies, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the TCC. G. General maintenance guidelines shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance guidelines are shown below. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 7 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, and free of debris and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not unreasonably intrude into neighboring properties and shall be maintained so they do not create unlawful nuisances to neighboring properties. All trees shall be installed with root barriers and also be periodically root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private drives, sidewalks, and open space areas shall be maintained so that significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris are removed or repaired. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. H. Homeowners association approval of exterior improvements, requiring a building permit, shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. I. A"Parking and Circulation Exhibit" shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. A total of one hundred and one (101) parking spaces shall be available onsite as shown below: a. Eighty four (84) parking spaces shall be available onsite permanently maintained at a rate of two (2) garage spaces per dwelling unit; b. Ten (10) guest surface parking spaces for the residential units (one (1) space for every four (4) units or 0.25 space per unit); C. Seven 7 additional guest parking spaces on-site, that PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 8 complies with the non-residential parking requirements per TCC Section 9263 for ground floor non-residential uses within the seven (7) proposed live/work units (One (1) space for each 250 sq. ft. of gross floor area for the first 25,000 square feet). Any changes to the parking shall be subject to the prior review and approval by the Community Development Department in accordance with TCC. 2. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed seven (7) feet high, seven (7) feet wide, and nineteen (19) feet long in any parking space, garage, driveway, or private street area except for the limited purpose of loading, unloading, making deliveries or emergency repairs subject to any rules and regulations adopted by the homeowners association. 3. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent the number of vehicles for which the garage was originally designed and constructed by the subdivider to accommodate may still be parked within the required garage spaces. 4. The homeowners association shall be responsible for monitoring and enforcing all parking regulations in the development. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking regulations within the development which may include measures for fire access and enforcement, e.g., by the homeowners association, management company, private company, etc. J. Provisions for enforcing individual trash cart placement at designated curb areas no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. The CC&Rs shall include an exhibit that includes the Trash Pick-up Plan as approved by CR&R. Advise each homeowner of the designated location for individual trash placement as shown on the Trash Pick-up Plan as approved by CR&R. K. Maintenance of all common areas, public amenity space, driveways, etc., shall be by the homeowners association. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 9 L. Television and radio antennas shall be installed in accordance with the requirements of applicable law. M. All utility services serving the site shall be installed and maintained underground pursuant to TCC 9271. N. A "Site Plan Exhibit" showing accessible units shall be made part of the CC&Rs in compliance with the California Building Code (CBC), as identified on the approved Site Plan dated October 10, 2023. The accessible features shall not be reduced at any time and shall be maintained in good condition throughout the life of the building. The accessible features include, but not limited to bathrooms, bedrooms, doors, patios, accessible entries, changes in elevation, common use spaces and parking spaces. 1. Accessible Residential Units identified on the approved Site Plan dated October 10, 2023. Chapter 11 A of CBC addresses accessibility in the residential units. The accessible features of these residential units shall not be reduced at any time and shall be maintained in good condition throughout the life of the building as stated in CBC. 1102A.2 Existing buildings. Covered multifamily dwellings shall be maintained in compliance with the accessibility standards in effect at the time of construction. 2. Accessible live-work units are identified on the approved Site Plan, dated October 10, 2023, as ground floor of Plan 3 live-work units fronting El Camino Real are "Public Accommodation" and governed by Chapter 11 B Section 245 of CBC as shown below. 11 B-245.2 Application. When a public accommodation is located in a private residence, that portion used exclusively in the operation of the public accommodation or that portion used both for the public accommodation and for residential purposes, is covered by the new construction and alterations requirements of this chapter. Exception: The portion of the residence, used exclusively as a residence, is not required to be accessible in accordance with this chapter. 11 B-245.3 Accessible elements required. The accessible portion of the residence extends to those elements used to enter the public PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 10 accommodation, including the front sidewalk, if any, the door or entryway, and hallways; and those portions of the residence, interior or exterior, available to or used by employees or visitors of the public accommodation, including restrooms. All accessible features of live-work units shall be maintained in good condition for the life of the building. 11B-202.3.1 Prohibited reduction in access. An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited. O. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one (1) member of the homeowners association Board and, where applicable, a manager of the project before January 1st of each year with the Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. P. General easements shall be provided to public agencies to access and maintain any public utilities in the development. Q. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the Community Development Department. R. A clause that requires residents to operate and maintain their Heating, ventilation, and air conditioning (HVAC) systems, including Minimum Efficiency Reporting Value (MERV) filters to manufacturer's specifications. Future residents will be made aware of this requirement prior to purchasing their dwelling unit during the escrow/disclosures process. HOMEBUYER NOTIFICATION (1) 6.1 Prior to issuance of the first C of O in the development, the subdivider shall submit to the Community Development Department for review and approval PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 11 a homebuyer notification or disclosure document that includes, but is not limited to, the notifications listed below. The notification or disclosure document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of each signed notification shall be mailed to the Community Development Department. A. A notice for roadway, airplane noise, and noise generated from the drive-thru restaurants and car wash that may impact the subdivision, including roadway noise associated with Interstate 5 (1-5), Newport Avenue and El Camino Real. B. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants) identifying the type of structure and their locations. C. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and will require zoning clearance and a business license. D. A notice indicating that any use of a live/work unit for a business will require zoning clearance and a business license. E. A notice explaining the easements, facilities, amenities, and dedications that will be provided and indicating areas that are exclusive use by residents and the public amenity space is available for use by the public. F. A notice stating trash bins shall be placed in designated curb areas as shown on an Exhibit to the CC&Rs n approved by CR&R no earlier than twelve (12) hours prior to the scheduled collections and removed within twelve (12) hours of collection. G. A notice explaining and providing a copy of the approved "Parking Plan" and related CC&Rs provisions. H. A notice explaining and providing a copy of the approved "Phasing Plan" for future construction within the subdivision and that activity may be disruptive. I. A notice for any unit identified as a Accessibility requirements per the 2022 California Building Code (CBC): A notice for any accessible unit, as identified on the approved Site Plan dated October 10, 2023 and required per the CBC, to keep all accessible features for life of the buildings including, but not limited to: bathrooms showers bedrooms PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 12 accessible entries and changes in elevation. Chapter 11A of the CBC addresses accessibility in residential only units (Plan types 1 and 2); ten percent (10%) of the residential units or a minimum of four(4) residential units. All live/work (Plan Type 3) units fronting El Camino Real shall be accessible because customers visiting the work area make it a "public accommodation" which is governed by Chapter 11 B section 245. J. A notice that discloses the potential health impacts to prospective residents from living in a close proximity of 1-5 and the reduced effectiveness of air filtration system when windows are open and/or when residents are outdoors (e.g., in the common usable open space areas). The notice should disclose the following, but not limited to, regarding enhanced filtration units: i. Identify that the homeowner is responsible to ensure that enhanced filtration units are inspected regularly and replaced on time, if appropriate and feasible. ii. Disclose the potential increase in energy costs for running the HVAC system to prospective residents. iii. Provide recommended schedules (e.g., once a year or every 6 months) for replacing the enhanced filtration units to prospective residents. SITE AND BUILDING DESIGN (4) 7.1 Project signage shall be reviewed under separate permits and are not part of the project approval. Any proposed temporary or permanent signage should comply with TCC Article 9 Chapter 4 of TCC including construction and real estate signage per TCC 9413. (1, 4) 7.2 During plan check, submit a master sign plan as required per TCC Section 9403h. (4) 7.3 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. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 13 (4) 7.4 Project materials shall comply with those identified in the approved plans and are subject to field verification. 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. (4) 7.5 All mechanical and electrical equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with the architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers located adjacent to El Camino Real and Newport Avenue shall be both painted to blend with the adjacent building and be screened by adequate landscaping; together paint and landscaping shall be provided to minimize visual impacts of the equipment. (4) 7.6 Balcony run-off shall be integrated into the building structure and storm drain system. Balcony drain water shall not drain down the side of balconies and/or building exterior. (4) 7.7 Construction drawings shall specify use of anti-graffiti products for treatment of both sides of the wall along the property line. (4) 7.8 All electrical, telephone, community antenna, television and similar service wires or cables which provide direct service to the property being developed, shall be installed underground within the exterior boundary lines of such property. (4) 7.9 Provide final wall and fence plan in applicable plan sheets for applicable building permits (landscape plan, architectural plans for reference, and structural plans). Final design of proposed screen wall along the property lines with the Jack in the Box property (APN 432-074-06) may require coordination with adjacent property owners, and final design will be reviewed and approved by the Community Development Department. Per TCC Section 9271 i, the height of wall would be up to three (3) feet high in the front yard setback area and up to six (6) feet eight (8) inches (6'-8") high along the remainder of the property line with adjacent properties. (4) 7.10 Provide dense and fast-growing hedges or trees (landscaping) along the eastern property line with the Kings Car Wash property (APN 432-074-04) to provide a buffer between the dwelling units and the car wash. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 14 (4) 7.11 Provide final photometric and lighting plan in applicable plan sheets for applicable building permits (landscape plan, architectural plans for reference, and structural plans). LANDSCAPING (1, 6) 8.1 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of the Water Efficient Landscape Ordinance and Section 9266e of the TCC. NOISE/ FINAL ACOUSTICAL NOISE ANALYSIS (1) 9.1 During plan check, the Applicant/ Developer shall submit a final acoustical report if design of the development changes substantially to the Community Development Director, or designee, which shall identify all reasonable and feasible noise attenuation measures to satisfy the exterior noise level standard, as defined by the City of Tustin General Plan Noise Element and TCC Article 4, Chapter 6, Section 4614(c). (1) 9.2 During plan check, the Applicant/Developer shall submit a final acoustical report to the Community Development Director, or designee, that demonstrates that the interior noise levels in all habitable rooms will satisfy the 45 dBA CNEL interior noise level standard of the City of Tustin General Plan Noise Element, Article 4, Chapter 6, Section 4615 of the TCC, and Title 24, Part 2, of the California Building Code. (1) 9.3 During plan check and prior to issuance of a building permit, provide detailed notes and details on applicable Architectural plan sheets for any noise attenuation measure/barrier for review and approval by the Community Development Department to comply with the City's Noise Ordinance including, but not limited to the following: a. Residential (interior areas). i. Windows and glass doors with minimum STC ratings as required; ii. Residential mechanical ventilation, or other means of natural ventilation. b. Exterior Use Areas. i. Final design for proposed awning/canopy over common open space area in compliance with "Table N-3" of the City's PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 15 General Plan Noise Element for outdoor environment limited to picnic areas and other areas of frequent human use. ii. Final design for proposed solid awning/canopies over first floor patios that are six (6) feet or more in depth with a direct line-of-site to the 1-5 freeway (buildings 2, 3, and 4 and anything to both sides of building 1) that are not covered by the second-story balconies, in compliance with "Table N-3" of the City's General Plan Noise Element for outdoor environment limited to rear yard of multifamily patios and balconies (with a depth of 6 feet or more) and common recreational areas. iii. Other noise barriers/attenuation measures identified in final acoustics analysis. ORANGE COUNTY FIRE AUTHORITY OCFA (1, 5) 10.1 Prior to OCFA clearance of a final map or issuance of a building permit, the applicant shall submit a Fire Master Plan (service code PR145). The Fire Master Plan shall comply with an approved Fire Protection Plan. (1, 5) 10.2 Prior to issuance of a building permit, the applicant shall submit plans to OCFA for underground piping for private hydrants and fire sprinkler system (service code PR470-PR475). (1, 5) 10.3 Prior to concealing interior construction, the applicant shall submit plans to OCFA for fire sprinkler system (service codes PR400-PR465) and fire alarm system (service code PR500-PR520). (1,5) 10.4 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 "Planning & Development Services" in the menu bar at the top of the screen. (1, 5) 10.5 Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final C of O, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 16 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. (1, 5) 10.6 Pre-construction meeting: Prior to commencement of construction, applicant shall attend a pre-construction meeting with an OCFA inspector. (1, 5) 10.7 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 (5) days in advance to schedule the lumber drop inspection. WATER QUALITY CONDITIONS (1) 11.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 11.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Priority Water Quality Management Plan (WQMP). 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) 11.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of three- thousand dollars ($3,000.00) to the Public Works Department for the estimated cost of reviewing the Final WQMP. (1) 11.4 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 WQMP. (1) 11.5 Prior to issuance of the first C of O, the engineer responsible for the approved WQMP shall submit an original signed and stamped Stormwater Observation Report Form to the Public Works Department. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 17 (1) 11.6 Final hydrology plans shall be submitted to the City for review based upon the project's final design calculations and project elements. STREET IMPROVEMENTS (1) 12.1 Prior to any work in the public right-of-way (R/W), an Encroachment Permit shall be obtained from, and applicable fees paid to the Public Works Department. (1) 12.2 Prior to issuance of an Encroachment Permit, the applicant shall submit 24" x 36" reproducible street improvement plans with engineer's estimate, as prepared by a California Registered Civil Engineer, to the Public Works Department for approval. The street improvement plans should include the following, but not limited to: a. Proposed fire hydrant on Newport Avenue. b. Relocation of streetlight on Newport Avenue. c. Parkway landscape and irrigation. d. Parkway drains. e. Commercial Driveway aprons. f. Remove the existing driveway aprons and design and construct new cur and gutter and sidewalk at the old driveway locations on Newport Avenue and El Camino Real. g. Reconstruction of damaged or ADA-incompatible public improvement (curb & gutter and sidewalk) adjacent to this development. h. Wet & dry utility improvements. (1) 12.3 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, the applicant shall submit 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, to the Public Works Department for approval. (1) 12.4 If work is to occur in within Caltrans' easement or R/W, developer shall obtain applicable approval/permit from Caltrans for improvements and temporary construction traffic control devices. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 18 (1) 12.5 Federal Americans with Disabilities Act (ADA) requirements shall be met all all driveways and sidewalks adjacent to the site. (1) 12.6 Developer shall coordinate the design and construction of all utilities with the utility providers and the City. The applicant is responsible for the coordination and all costs related to the installation, upgrade, alteration, relocation, or abandonment of all existing wet and dry utilities affected by the proposed project as necessary. (1,***) 12.7 The "Secondary Entry" to the Project on Newport Avenue shall be right- turn in/right-turn out only, due to the raised median on Newport Avenue south of El Camino Real. On- and off-site signage will be required notifying drivers of the left-turn restrictions. Signage comprised of a one- way sign (i.e., R10 right) and a yellow diamond sign on the raised median across the driveway (on Newport Avenue), and a No Left-Turn sign (as opposed to a Right-Turn Only sign) with the stop sign at the driveway exit should be posted. (1) 12.8 The construction landscape and irrigation plan shall: a. Identify limited use areas for access onto public streets (at a minimum a 10' triangle on each side of a driveway, a 25' triangle at a signalized intersection behind the sidewalk, and based on a corner sight distance analysis for parkway landscaping); b. Hnrdscape improvements and landscaping within a limited use area must be restricted to a height of 30"-48" inches or less depending on the speed of the road; and c. Obstructions such as walls or landscaping that could block line of sight are not allowed in the limited use area, and proposed street tree with a diameter of no greater than 24 inches shall have a canopy no lower than 84 inches above the curb to ensure adequate sight lines of pedestrians on the sidewalk and vehicles and bicycles on the street are maintained; and d. The proposed street tree and tree well locations along Newport Avenue shall be approved by the City of Tustin Arborist. The Newport Avenue street tree shall be a 24 inch box of Lophostemon confertus (Brisbane Box). (***) 12.9 Root protection zones (RPZ's) shall be established for existing street trees proposed to remain. The RPZ area shall be calculated as an area PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 19 equivalent to a circle with a radius twelve (12) times the trunk diameter measured four (4) feet above the base of the tree. Construction activity within the RPZ and root pruning, if needed, shall implement best management practices (BMP's) as established by the International Society of Arboriculture (ISA) and be in accordance with ANSI A300. Root pruning shall be done under the direction of a Certified Arborist employed at the developer's expense. An assessment shall be made post- construction by the Arborist, and in concurrence with the City's Arborist, to determine tree viability. Construction-damaged trees found to have an unacceptable level of risk shall be removed and replaced by the applicant at no cost to the City. WATER IMPROVEMENTS (1) 13.1 Off-site 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. (1) 13.2 In accordance with the plans, 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 R/W 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 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 shall 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) 13.3 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 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. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 20 (1) 13.4 The developer 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 as necessary. (1, 5) 13.5 This project is within the East Orange County Water District (EOCWD) Wholesale water service area, a release/approval from the EOCWD shall be obtained prior to receiving water service from the City of Tustin. The developer shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. Please contact EOCWD at or 714-538-5815 (1, 5) 13.6 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 OCFA. Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1, 5) 13.7 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING CONDITIONS (1, 3) 14.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. Prior to issuance of any permit, the applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a fifty dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount shall be collected in accordance with the TCC. C. Prior to the issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 21 (1) 14.2 Facility Solid Waste Collection and Recycling Plan. a. The developer, applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). C. For residential properties assigned containers for their individual use, placement of containers for collection by the City's contracted hauler shall be adjacent to the specific residence for which they are assigned with no less than one (1)foot of space between containers. Driveways/garages must be fully accessible at all times. Placement of containers for collection must allow for ADA access at all times. d. All developments are required to provide space for the collection of organic materials. All developments that plan for the use of carts in residential projects will need to account for the collection of three (3) waste streams: trash, recycling, and organics. For residential units with limited landscaped areas, a fair design standard is one 90-gallon cart for trash, one 90-gallon cart for recycling, and one 65-gallon cart for organics. This represents the largest size containers that will be offered to these units. MISCELLANEOUS PUBLIC WORKS CONDITIONS (1) 15.1 The developer shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1) 15.2 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, R/W maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG". All layering and Iinotype conventions are AutoCAD- based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 22 plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. (1, 5) 15.3 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from EOCWD for sanitary sewer service connections to the City of Tustin. Please contact EOCWD at or 714-538- 5815. (1) 15.4 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and/or issuance of a C of O for the development on any parcel within the subdivision. BUILDING PLAN SUBMITTAL (1) 16.1 The final approved conditions of approval shall be reprinted on the first or second page of the construction documents when submitting to the Building Department for the plan check process. (1, 3) 16.2 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State and Federal laws, and regulations as adopted by the Tustin City Council. (1) 16.3 Prior to the issuance of grading permit, the Developer shall submit plans to the Community Development Director for fencing or other temporary enclosure to shield the project site from pedestrian and vehicular view on Newport Avenue and El Camino Real, and properties along the property line for review and approval. Such fencing or enclosure shall remain in lace until the project is completed. (1) 16.4 Prior to the issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the Tustin Security Code, which requires a minimum one (1) foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. (1) 16.5 A soils report is required for all new residential construction. A soils report addressing foundation and seismic designs shall be provided for review with the construction documents. PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 23 (1) 16.6 Fire sprinklers shall be required in all newly constructed buildings. The detached single-family and duplex townhome units shall be fire sprinklered in accordance with NFPA 13-D. CBC 903.3.1.3. (1) 16.7 All direct service overhead powerlines within the exterior boundary lines of the project serving the property shall be located underground pursuant to TCC 9271. (1) 16.8 Prior to issuance of a grading permit, the applicant or developer shall provide "will-serve" letters from all utility providers. (1, 2) 16.9 Prior to issuance of grading permit and building permit, the project shall demonstrate compliance with all applicable mitigation measures identified in the Mitigation Monitoring and Report Program (MMRP) for the Downtown Commercial Core Specific Plan (DCCSP) Environmental Impact Report (EIR) dated June 2018. A mitigation monitoring report shall be submitted to the City. See conditions under Environmental/CEQA section below starting at Condition Of Approval No. 18.1. (1, 2) 16.10 Prior to C of O, the project shall demonstrate compliance with all applicable mitigation measures identified in the MMRP for the DCCSP Environmental Impact Report (EIR) dated June 2018. A final mitigation monitoring report shall be submitted to the City. FEE (1, 5) 17.1 Prior to issuance of a C of O for a residential unit of the project, Developer shall pay a per unit park in-lieu fee, as each C of O is issued by the City. The park land in-lieu fee shall include a credit for the land area and improvements made within the publicly accessible amenity open space. (1) 17.2 Prior to issuance of a C of O for a residential unit of the project, Developer shall pay a per unit and per bedroom new construction fee, as each C of O is issued by the City. (1, 5) 17.3 Prior to issuance of a Building Permit(s), payment of the most current Tustin Unified School District and Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1 st of each year. (1, 5) 17.4 Developer shall pay an affordable housing in-lieu fee in the amount and timeframe specified in the executed associated Housing Incentive PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 24 Agreement. (1) 17.5 Within forty-eight (48) hours of final approval of the project at Planning Commission and City Council action, the applicant shall deliver to the Community Development Department, a CHECK payable to the County Clerk in the amount of fifty dollars ($50.00). If within such forty-eight(48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act (CEQA) could be significantly lengthened. ENVIRONMENTAL/ MITIGATION MEASURES (2) 18.1 The project shall comply with the MMRP for the DCCSP (SP12) EIR dated June 2018 (Council Resolution No. 18-24). For reference, see Exhibit C to Resolution No. 4478 for a copy of the MMRP. (2) 18.2 Per Mitigation Measure AQ-10 for toxic air contaminants (TAC), the Applicant/ Developer submitted a Health Risk Assessment (HRA) Report dated July 24, 2023 to the Community Development Department that concluded that the project will not be a significant source of toxic air contaminants (TAC) and would not be exposed to significant diesel particulate matter (DPM) TAC emissions and cancer risk from nearby traffic along the 1-5 freeway with inclusion of the following recommended measures: a. Measure 1: Heating, ventilation, and air conditioning (HVAC) systems of the buildings provided with filter of maximum efficiency rating value (MERV) of thirteen (13) or better. b. Based on this measure ("Measure 1"), the City will require the following to ensure implementation and maintenance of Measure 1 in perpetuity. 1. Prior to issuance of C of O for each unit, provide proof of installation of building filtration systems with MERV 13 or better. 2. The project's CC&Rs shall include a clause that requires residents to operate and maintain their HVAC systems, including MERV filters, to manufacturer' s specifications. Future residents will be made aware of this requirement prior to purchasing their condominium during the escrow/disclosures process. Thus, the requirements to maintain the MERV filters stem will be disclosed early on and should not be PC RESOLUTION NO 4478 SUB 2023-0003/VESTING TTM NO. 19164, DR 2023-0019, RAR 2023-00001 (PHASE TWO), DENSITY BONUS CONCESSION &WAIVER REQUESTS, DA 2023-0002 Page 25 surprising to residents. See CC&R section starting on Condition Of Approval No.5.1. ORANGE COUNTY SANITATION DISTRICT (OC SAN) (1, 5) 19.1 Prior to issuance of grading permit, submit a sewer study to the OC SAN's for review. Please contact OC SAN at asiew _ocsan.gov or 714-593- 7164, if the project will impact any of OC SAN's facilities. 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CIVIL EN GI NEERING nrcnvcVcixc xn n=nurEo aAEsu,m aaasac a PLAN N uo a s�ave'wo 5 PRELIMINARY GRADING & SITE PLAN reor, °;.srea„re� ""`w a uire�EL CAMINO REAL 7711w. w gure re no a wP° �- - sl��„rep R0� wnnce,a n° w,rerr _ V — .c°R _ m ° �I ®Paaa rcu✓a h ad re71 1 I ARP a F .rvroreaau�"/4i's Ko-.R4i® 662"-0Ta Z ¢I� w w p� vre r o[u4rvc ., F F1 c� Illff/l( w ,ns4 a _ , °u mswun tea«.wa.uw, a �I i, fare arv) O — —. yI a Y/ re 9 F�rewa°rer�re w�rere�,reww°��re.=N,re�reare�pre r°�rew°re°an.reP,�are,re.,nr,°°, �a�u�%re aZ avI�I/w���, - I � G w rw°rea�xi� o P ®curereGe=re mI�re�v,l) [ n <a. _—v. 0 e l+ � II - Eoxp E v.scE S70RMWATER NOTE aow F- -1 , J� re c re �Ec�rlo- G Geos D Mp1N�- re ��,11 „°�,m PAR„R - , E wH gore ;°P�r�EM a,m Gr Ra e=,rea,ARM ;PwcWSara's re,w I Pv 1 nr aax lrl.Oxa ew oab � rr - re, cur °orereuewm uou rru� ° 4p r,eI;- — o I°re--D—L) p N roue roucre rye r,.aurM n c "op=oro creru rRr rerorear, rerR P 2 raw cur vrwaw ` cre°c. I v rs rrls«E suerue re= o- . �,, c re� rre+�creura S °u ms-ER PROPOSED EASEMENTS �'V1TeA0 mrtrexuu° E `rure ""°'""`"` ® EUEMm rcre a°reEcc arc��rcre rrecr., rs 5 1 uarre°,� rurre°rucr,„c rrere,°sE�cr arerx6 �nu.«.c,ew+c� I oAaH,rerucre 5 P „ r ric rreerrrer,ur 0 r,°rurMlsl rere ere°,°Ncre rea re�reuuc R reow reore,or y PROJECT SUMMARY. �. rerM1 [°ILOISTFatCELS]., TER NOiEP�P°�o owaurvo urvni an v —E nreucreo aws°r am/aim,[n[o mouT�ory N Ph auo/oa°arc mu[a w�[va aro/oa or°a¢ sra�e,^=rev T Pn�° ow°I`o�mEI` Nare o.n reow°N°or or rec mu°a wr srt CITY OF TUSTIN wI Ell 111E µErr rreE—m°" REPISIONS PRELIMINARY GRADING PLAN 1111T ® VESTING TENTATIVE TRACT NO.19164 z aG USTIN A ity Vencu res F_)wzseE9sss°R1 r.sync'so CONSULTING,INC.w,a@nc+sc.xEr 14N2 NM RT AVENUE,TUSTIN,CA OF CIVIL ENGINEERING� ° o vuuwuo a sMrrve'iuo 5 PRELIMINARY SECTIONS �re a��ore� reaxE �re, �z, �arv�rere rex�ory Ia,a, PxoPrz�a��;i55H�o, „L . —1 Pre�.rereM n P SECTION CC oN A SECTION A-EL CANINO REAL -io xore �-�o xore SECTION B-NEWPORT AVE arx m¢wnvw �,,,��v��C 4 fro rewurv) V I = vreo w Y� tree I Wy sx - nrvo— � .l svu�c 9xPLE + �� PreaP.a cures SEC OIOOreE a SECTION F (ow wPemrt�caul sec oioroxo xrec wu, ; sec oioraxc 3 CITY OF TUSTIN xsvrsroxs PRELIMINARY SECTIONS SHEET ® VESTING TENTATIVE TRACT NO.18184 3IH ; USTIN A ity Vencu res °rsl�zseE9sssc CONSULTING,INC.mxa@n -.., 14.1 NEWPGRT AVENUE,TUSTIN,CA OF CIVIL ENGINEERING� c o vuuN—a s�rrve'ius e CONCEPTUAL UTILITY PLAN GENpR rv, OL NOTES NE eCI orv� V — IHILL �EeIE Ere=��,Ory rre0re=<e erv=nE=,ereu erewry re,R reWEe —, �_,, — �° rexe�rzew �re reow,ErewrvEres��orv. �_�,� �rz CAMINO REAL -N III _ e aore rzrzre�. �' ��e ,reery oxurvroE eu, n°�"wrew �nEl �a, o i /p s it LL WLDrcE x wo �r � 711.1 ewo s (EreNfL ry 1..1 o so i]sr u e 9� .w Ee vmv_o I o is z mry III a>aµ a eaoa_ o r ew u,Ereu ama_ � I on,roE . LEGEND ✓gyp � G III ,d uvx uvxul PwEUErvr ec a�,o rvc _a I roreusre 71 eEe esory �n BO BEaW OEr VPE w eEo eO Eo rvo � d � axe ewcu Eacx wuN ca c ansrve m rvc cwry r w L�."I —BaLws•A z All" air wrery rEu rw oo Z cu - v,rvcE (4Ll 'E, a Ecyy L 0 orewry rvW, (ae�µrvl�l cxr orervEvmv ru raE uroaw, - a —EIE re mre `reieL ar%i -El revue, ,re"rc, Es ErvrzuEo sureEorE eu IN goo+ Ll wJ—wrvo / re.rz<ree ,sss ID x� P� GE ure wrvreo� -� .I i ads ,rzare - rw w � E rve rreorEN" a P.re we fi � sw Ere Bo reElxry rF ream or wxx no EaE,o�'i- re rery rete py�, reeve nu rzrvc"rx — _ - sE. re"v A ;E,e ,ErvxOrearer I jS��li „/� SpNSP ,r ,re�srere�Ere � Iw1 =_ I rem,:- s FREEWA�i rvrz� 9d➢'tlj�dip u��r�" I I /'` re w 5 re0P I �eP,reaEx erewry n m INI'D E PBe"E�",IrvE �ry xow .111�E or1 OE eow rr s ;' Pi9Sllll V.h^I,dli IIII � eE reow(ON—1 wr sir sou,re - � Ert Eaz,rKE PROPOBSGEO EASENEM ErevicE uExiciEs o—EME11111.1 x—c W�Ere�Erz CITY OF TUSTIN 11E—El —TSIONS PRELIMINARY UTILITY PLANSIEET ® VESTING TENTATIVE TRACT NO.19164 a a� TUSTIN A ity Venture �fsreJ�zseE9sxz oai E.svnE,so CONSULTING,INC.wfv@n�-.n 14042 NIMP RT AVENUE TUSnN,CA OF CIVIL ENGINEERING e o1-ENGINEERI G 5 a...I revtenrrt u,�w rvo �wrwxax — � FIRE LANE ary P.IRKINe wane acriErtu< `�"® m eoGmreourvo w.we`�'n —2 �.- `��'� rem EmErervc ory �`x�'� I z^ I I I \ e..Pue�c rxl crxf NO PARKING SIGN FIRE LANE ENTRANCE SIGN U rvmEsDEL — — — — — — — — wssorvw+D�erervsouervso�oree w,rvorvnu'. ,xE woreos E�w�E sx�aE wx,E _ _ EL CAMINO REAL _ sows sw+LL aE All 000 1 roLl reEaEOM ory reed�ICorvo oHo oaEo ory oE,awa oHDs�E.uwaw,D sow�re,wry rwre[,rvrx6rvxeox, orvroorvo,rew.°EM�rvo�xE oa%AEl orer" '. -i1O+rv°s»ke°e l°ory 1 ree11 m Ab aE rv�E aE axremEE w,�w�D rvD rvD sw ere,x ,�I=,rvs,wEO IEI I--,. E.ImEervc sxuo"eE No ory wxaE emmvl -- — -- — ----- -- ��rvD.rvosw�Ea,rvoH,rvoxry Tj Ell m � r , a�as a�D, s , w �a� " m aRE,E I ^ a Paa arvaEDE s a�°o IILL n RED CURB DETAIL ,� U aa;n,`s iow s; sx ew,re"rvs"seulw j� P ",ory rvDo aRreorvo�re�oE"DDaorvw",a�e,orvs s E s 56 5 s.µo oll,D-I-oorv.oa,xE-LrvoDI.s core EPo,us ry^wE�D MEw<�m�"u<aE,wory aoreoxo�eoe«s reEDxreED - `y P�sED D A'PA.of.ocs�ss�oDs a�DDa�s o��awe rvsP�oorvs rvo,rou`11 71" /area°.oecoo,og�R ER�P EEEs PAD o,PAory soDomo<caMPE,rvsP�s,ary sax,WE a sDa w aE rvEEDED arD aw�,xa,w.aE Doe. — reoKD mwo s,,�'mo"`^ewE ou'�'""s»"`°e""'.D�°":°e"' I ,/� CONSTRUCTION NOTES: ll oore�ow�orvs aE rv� IHALL reEw<o s�rvso o"rvo slw,na„D SEED "'o oaEw aeorve`s°,/FLeacaI'l[u�eory orvD PiaI'llsDaaeM PooED o"D wsaw moo,xE aoDED a�Doarvo — O 1.1 PEI° of �sx�rvo D sxwE aE EDaPPED wnx EaxEre o I-ere o,e�,w,w P-111 x rvRaa� s ry xE M. Es sxwE aE sreouDED x Al_µD"oµDsI.a... O i 17E°oED"wnx= Ill Pere All, 1,0M "So^,Ro�;N";d0ldKE'`, aa`aa�re � o"D n,wo�o1 14�ry.E^°x�DEL 11 BUILD I NO SUMMARY: e�iati�uaaaiws w.e�vEaiem a,�x� LEGEND: I'll ry POEaooPwuou,ul—ry1 ooD�s o All—1--1—a w•or��r;�«ass�nw rPo n�,i ———— s oP rew e�rvem�ox,or w". "^° o� PP" re,o�rvso«o,�ary AND sxw�ff�ry rooPxorvc1wl1x c„PP.,re, PROPOSED EASEMENTS: ��Eo�M��rv� �> reosr lorvxl © PoErv,ls>roa�ry lo,ess roa�oeao�rva+orvo o �s so so aDx reEoxrel1D T aox,.4-„, -, PI EA51 aloare ExaD��m�6. • "M"'"'°""M«Eoo,P CITY OF TUSTIN oasreua wwEb rvuue«ore irvxiDn ix IlLDNAA REVISIONS FIRE ACCESS d HVORANT LOCATION SHEET 4 �ZN%are mu°aniei�ream'l urvIs ONLIII FLAN 3♦� w��,w,Es ore o,xEI cDoreoo�orv:.s E.101,E 1Eo ® VESTING TENTATIVE TRACT NO.18184 s : USTIN A CONSULTING INC.��� s�@M+ 14042 NEWPORT AVENUE,TUSTIN,CA OF ity Ventures(Prslwz�seE z5e 5o ci Exwiwnary or,+nuu mE nrv°srea��o eorvoni°rvs ore°itteosure�or CIVIL ENGINEERING _ w°niorvu irvroaw�i°ry o vuuwuo a a�rrve'iuo 0 5 Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program(MMRP)for DCCSP EIR Method of Verification Timing of Verification I Completed Comments Pre During Post Initials Date Coast. Const. Cost. Air Quality Mitigation Measure AQ-1:The construction plans and specifications shall state that project Tier 3. construction that utilizes construction equipment greater than 150 horsepower(>150 HP)shall comply with EPA/CARB Tier 3 emissions Submittal/review of X X X standards during all construction phases and shall ensure that all construction plans construction equipment be tuned and maintained in accordance with the manufacturer's specifications. Mitigation Measure AQ-2:The construction plans and specifications shall state that project Low VOC. construction shall utilize"Super-Compliant"low VOC paints which have been reformulated to exceed the regulatory VOC limits put forth by Submittal/review of SCAQM D's Rule 1113.Super-Compliant low VOC paints shall be no more construction plans X X than 10g/L of VOC.Alternatively,the applicant/developer may utilize valid construction techniques that do not require the use of architectural coatings. Mitigation Measure AQ-3: The construction plans and specifications shall state that contractors shall Electricity. use the electricity infrastructure surrounding the construction site, if Submittal/review of X X available,rather than electrical generators powered by internal combustion construction plans engines. Mitigation Measure AQ-4: The construction plans and specifications shall state that contractors shall Alternative Technology. use alternative fueled,engine retrofit technology,after-treatment products Submittal/review of X X (e.g., diesel oxidation catalysts, diesel particulate filters), and/or other construction plans/,ogs options as they become available,including all offroad and portable diesel- Mitigation Measure AQ-5:Construction plans and specifications shall state that construction Equipment Maintenance. equipment be maintained in good operating condition to reduce emissions. Submittal/review of The construction contractor shall ensure that all construction equipment is construction X being properly serviced and maintained as per the manufacturer's plans/maintenance specification.Maintenance records shall be available at the construction records site for City verification. Mitigation Measure AQ-6:For projects requiring construction vehicles, construction plans and Construction Vehicle specifications shall state that the applicant/developer and/or building Management Plan operators shall prepare and maintain a construction vehicle management plan,to be made available upon request to the City of Tustin Building Division,denoting the proposed schedule and projected equipment use. The construction vehicle management plan shall include,as a minimum: idling time requirements; requiring hour meters on equipment; documenting the serial number,horsepower,age,emissions ratings,and Review of Construction fuel of all onsite equipment.The plan shall state that California state law Vehicle Management Plan X X requires equipment fleets to limit idling to no more than 5 minutes,and that low emission vehicles will be used.If low emission mobile construction equipment is not used,construction contractor shall provide evidence in the construction vehicle management plan that their use was investigated and found to be infeasible. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District as well as the City of Tustin. Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program(MMRP)for DCCSP EIR Method of Verification Timing of Verification Completed Comments Pre During Post Initials Date Const. Const. Cost. Mitigation Measure AQ-7:Prior to the issuance of building permits for new development projects Energy Usage requiring design review,project applicants/developers shall submit plans Calculations. certifying that the proposed development is designed to achieve 5 percent efficiency beyond the 2016 California Building Code Title 24 requirements to the satisfaction of the City of Tustin Building Division. Example of measures that reduce energy consumption include,but are not limited to, the following(it being understood that the items listed below are not all required and merely present examples;the list is not allinclusive and other features that reduce energy consumption also are acceptable): •Increase in insulation such that heat transfer and thermal bridging is minimized; • Limit air leakage through the structure and/or within the heating and cooling distribution system; Submittal/Review of •Use of energy-efficient space heating and cooling equipment; Construction Plans X •Installation of electrical hook-ups at loading dock areas; •Installation of dual-paned or other energy efficient windows; •Use of interior and exterior energy efficient lighting that exceeds the 2016 California Title 24 Energy Efficiency performance standards; •Installation of automatic devices to turn off lights where they are not needed; •Application of a paint and surface color palette that emphasizes light and offwhite colors that reflect heat away from buildings; •Design of buildings with"cool roofs'using products certified by the Cool Roof Rating Council,and/or exposed roof surfaces using light and off- white colors; • Design of buildings to accommodate photo-voltaic solar electricity systems or the installation of photo-voltaic solar electricity systems;and • Installation of ENERGY STAR-qualified energy-efficient appliances, heating and cooling systems,office equipment,and/or lighting products. Mitigation Measure AQ-8:Prior to the issuance of building permits for new development projects Enhanced Water requiring design review,project project is designed to reduce water usage Conservation. by a minimum of 30 percent when compared to baseline water demand (total expected water demand without implementation of the Water Conservation Strategy).Projects shall also implement the following: •Landscaping palette emphasizing drought tolerant plants; •Use of water-efficient irrigation techniques;and Submittal/Review of X • U.S. Environmental Protection Agency (EPA) Certified WaterSense landscape plans labeled or equivalent faucets,high-efficiency toilets(HETs),and water- conserving shower heads. The above measures reduce water consumption,but it is understood that the list is not all-inclusive and other features that reduce water consumption also are acceptable. Mitigation Measure AQ-9:Prior to issuance of a grading permit for new development projects that are Localized Emissions. one acre or larger,the applicant/developer shall provide modeling of the regional and the localized emissions (NOx, CO, PM10, and PM2.5) associated with the maximum daily grading activities for the proposed development. If the modeling shows that emissions would exceed the Submittal/review of X SCAQMD's significance thresholds for those emissions,the maximum grading plans daily grading activities of the proposed development shall be limited to the extent that could occur without resulting in emissions in excess of SCAQMD's significance thresholds for those emissions. Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program(MMRP)for DCCSP EIR Method of Verification Timing of Verification Completed Comments Pre During Post Initials Date Const. Const. Cost. Mitigation Measure AQ- Development proposals for new residential and other sensitive land use LC 8/1/23; The applicant submitted a HRA Report dated July 24, 10:Toxic Air projects(e.g.,nursing homes,day care centers)in the Specific Plan area see 2023 to the Planning Division that concluded that the Contaminants: within 500 feet of major sources of toxic air contaminants((e.g.,Interstate notes. project will not be a significant source of TACs and 5,and roadways with traffic volumes over 100,000 vehicles per day),as would not be exposed to significant diesel particulate measured from the property line of the project to the property line of the matter(DPM)TAC emissions and cancer risk from source/edge of the nearest travel lane, shall submit a health risk nearby traffic along Interstate 5 with inclusion of the assessment(HRA)to the City of Tustin Planning Division prior to design recommended measure below. The HRA Report review approval.The HRA shall be prepared in accordance with policies recommended the following: and procedures of the SCAQMD.If the HRA shows that the incremental cancer risk exceeds ten in one million(10E-06), PM10 concentrations a. Measure 1: Heating, ventilation, and air exceed 2.5 pg/m3, PM2.5 concentrations exceed 2.5 pg/m3, or the conditioning systems of the buildings provided with appropriate noncancer hazard index exceeds 1.0, the project Submittal/review of Health filter of maximum efficiency rating value(MERV)13 or applicant/developer shall be required to submit an HRA that the Risk Assessment(HRA); better. See Resolution No. 4478, COA #18.2 for and certifies that mitigation measures are capable of reducing potential compliance with further cancer and non-cancer risks to an acceptable level(i.e.,below ten in one SCAQMD procedures; X X X million or a hazard index of 1.0), including appropriate enforcement Provide proof of mechanisms.Measures to reduce risk may include but are not limited to: installation of enhanced filtration units. •Air intakes located away from high volume roadways and/or truck loading zones;and • Heating, ventilation, and air conditioning systems of the buildings provided with appropriately sized maximum efficiency rating value(MERV)filters(e.g., MERV 12 or better). •Buffering sensitive uses away from emission sources. Cultural Resources Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program(MMRP)for DCCSP EIR Method of Verification Timing of Verification Completed Comments Pre During Post Initials Date Coast. Const. Cost. Mitigation Measure CUL- Prior to issuance of a grading permit for grading of two(2)feet or more in 1: depth below the natural or existing grade,the applicant/developer shall provide written evidence to the City Planning Division that a qualified archaeologist has been retained by the applicant/developer to respond on an as-needed basis to address unanticipated archaeological discoveries and any archaeological requirements(e.g.,conditions of approval)that are applicable to the project. The applicant/developer is encouraged to conduct a field meeting prior to the start of construction activity with all construction supervisors to train staff to identify potential archaeological resources. In the event that archaeological materials are encountered during ground-disturbing activities,work in the immediate vicinity of the resource shall cease until a qualified archaeologist has assessed the Submittal/evidence of discovery and appropriate treatment pursuant to CEQA Guidelines Section archeologist retainment 15064.5 is determined. Submittal/review of brief X If discovered archaeological resources are found to be significant,the letter report of excavations archaeologist shall determine,in consultation with the City and any local and findings Native American groups expressing interest following notification by the City,appropriate avoidance measures or other appropriate mitigation.Per CEQA Guidelines Section 15126.4(b)(3),preservation in place shall be the preferred means to avoid impacts to archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C),if it is demonstrated that confirmed resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures,such as data recovery,reburial/relocation,deposit at a local museum that accepts such resources or other appropriate measures,in consultation with the implementing agency and any local Native American representatives expressing interest in prehistoric or tribal resources.If an archaeological site does not qualify as an historical resource but meets the criteria for a unique archaeological resource as defined in Section 21083.2,then the site shall be treated in accordance with the provisions of Section 21083.2. If discovered materials are found not to be significant archaeological resources but may be considered a Tribal Cultural Resource or objects with cultural value to a California Native American tribe,the archeologist shall contact representatives of Gabrielefio Band of Mission Indians—Kizh Nation to assess the discovery and develop appropriate avoidance measures, data recovery, reburial/relocation, or other appropriate mitigation. Noise Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program(MMRP)for DCCSP EIR Method of Verification Timing of Verification Completed Comments Pre During Post Initials Date Const. Const. Cost. Mitigation Measure NOI-1 Prior to approval of a demolition permit,grading plans,and/or issuance of building permits for construction activities within 25 feet of existing residential structures or occupied noise sensitive uses that require the use of large bulldozers,large loaded trucks,jackhammers,pile drivers,and/or caisson drills, the City of Tustin Building Division shall ensure that construction plans and specifications state that the use of such vibratory equipment shall be prohibited within 25 feet of existing residential structures or occupied noise sensitive uses.Instead,small rubber-tired bulldozers shall be used within this area during demolition and/or grading operations to reduce vibration effects.If the use of large bulldozers,large X loaded trucks,jackhammers,pile drivers,and/or caisson drills is necessary within 25 feet of existing residential structures or occupied noise sensitive uses,a site-specific analysis shall be prepared and submitted to the City of Tustin demonstrating that construction activity would not result in vibration at sensitive receptors that is more than the Caltrans thresholds for annoyance(0.04 in/sec PPV at receiver locations)and damage(per the Transportation and Construction Vibration Guidance Manual,September 2013,Tables 19&20 by building type). Mitigation Measure NOI- Prior to approval of grading plans the City of Tustin Building Division shall 2: ensure that plans include the following measures to reduce construction related noise: •Construction contractors shall equip all construction equipment,fixed or mobile,with properly operating and maintained mufflers,consistent with manufacturers'standards,and all stationary construction equipment shall be placed so that emitted noise is directed away from the noise sensitive use nearest the construction activity. •The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receiver nearest to the construction activity. •The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment by TCC Article 4,Chapter 6, Submittal/review of X Section 4617.The contractor shall design delivery routes to minimize the grading plans exposure of sensitive land uses to delivery truck noise. •If construction activity within 27 feet of occupied noise sensitive uses is proposed,the construction contractor shall ensure that construction noise levels at nearby sensitive land uses do not exceed 85 dBA Leq,and that construction-related noise level increases are less than 12 dBA Leq above the existing ambient noise levels,by one or more of the following methods: Exhibit B to Resolution 4478 Mitigation Monitoring and Reporting Program(MMRP)for DCCSP EIR Method of Verification Timing of Verification Completed Comments Pre During Post Initials Date Const. Const. Cost. 1.Install temporary construction noise barriers within the line of site of occupied sensitive uses for the duration of construction activities that could generate noise exceeding 85 dBA Leq.The noise control barriers)must provide a solid face from top to bottom and shall: a)Provide a minimum transmission loss of 20 dBA and be constructed with an coustical blanket(e.g.vinyl acoustic curtains or quilted blankets) attached to the construction site perimeter fence or equivalent temporary fence posts, b)Be maintained and any damage promptly repaired.Gaps,holes,or weaknesses in the barrier or openings between the barrier and the ground shall be promptly repaired;and c)Be removed and the site appropriately restored upon the conclusion of the construction activity. 2.Install sound dampening mats or blankets to the engine compartments of heavy mobile equipment (e.g. graders, dozers, heavy trucks).The dampening materials must be capable of a minimum 5-dBA noise reduction,must be installed prior to the use of heavy mobile construction equipment,and must remain installed for the duration of the equipment use. Recreation Mitigation Measure REC- For residential projects not subject to City of Tustin Subdivision Code 1: (Article 91 Chapter 3, Part 3, Section 9331 of the Tustin City Code), applicants shall pay a parkland development fee to the City of Tustin prior Submital of fee to the issuance of building permits.The value of the amount of such fee payment/evidence of X shall be based upon the fair market value of the amount of land which invoice would otherwise be required for dedication. Transportation and Circulation Mitigation Measure TR-1:The City of Tustin will cooperate with Caltrans when Caltrans moves Project has no traffic impact. forward with its planned improvements to the intersection of Newport Review of Caltrans Final Avenue at the 1-5 northbound onramp.Caltrans'improvements include Traffic Operation Route installation of a traffic signal per the recommendations in the Caltrans Final for Sate Route 55 Project Traffic Operations Report for State Route 55 (1-5 to 1-405) Project Approval/Environmental Approval/Environmental Document(PR/ED)that was published in October Document(PR/ED) 2015. Mitigation Measure TR-2:The City of Tustin shall monitor the intersection operation at Newport Project has no traffic impact. Avenue and El Camino Real as development applications are received and shall provide the following improvements, or equivalent, once the intersection LOS becomes deficient:Restripe the eastbound through lane Intersection Monitoring to a shared through/right-turn lane so the eastbound approach would consist of one left-turn lane,one shared through/right-turn lane,and one right-turn DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 ,ram Community Development Department Luj S"Ti Remembering what connects us. ow Sent electronically to:jpy@themodernflat.com, kalves@cityventures.com, and ascales@ktgy.com June 23, 2023 Karen Alves City Ventures Homebuilding, LLC 3121 Michelson Drive #150 Irvine, CA 92612 SUBJECT: RESIDENTIAL ALLOCATION RESERVATION (RAR) 2023-0001 (PHASE ONE): ALLOCATION OF THIRTY-FIVE (35) BASE RESIDENTIAL UNITS IN CONJUNCTION WITH A PROPOSED RESIDENTIAL AND LIVE/WORK PROJECT AT 14042 NEWPORT AVENUE Dear Ms. Alves: Thank you for the resubmittal of your Phase One Residential Allocation Reservation (RAR) application received on May 24, 2023, requesting a residential allocation for thirty-five (35) base residential units in conjunction with a thirty-five (35) residential units and seven (7) live/work units that also includes a twenty (20) percent density bonus based upon the provision of a minimum of five (5) percent very-low income housing units atthe above-referenced address (Project). This request is identified by the following project number: • Residential Allocation Reservation (RAR) 2023-0001(Phase One) Based upon the review of the proposed project and the RAR findings which include: proposed use, design review criteria, development regulations, and intended vision, as authorized by DCCSP Section 6.1.4, 1 have determined that the required findings (Exhibit A— RAR Required Findings) can be made to allocate the thirty-five (35) residential base 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 RAR-2023-0001 June 23, 2023 Page 2 units for the project subject to the Conditions of Approval contained in Exhibit B — Conditions of Approval for the Phase One RAR allocation. Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 RAR-2023-0001 June 23, 2023 Page 3 Should you have any questions, please contact Raymond Barragan, Principal Planner, at (714) 573-3016 or by electronic mail at RBarragan(@tustinca.org. Sincerely, Cooseea er: use na d In�iRww 1uOMil. Willkom Community Development Director Attachments: Exhibit A— Required RAR Findings Exhibit B — Conditions of Approval Exhibit C— Comments and corrections Exhibit D — Redline Preliminary Priority WQMP CC: Irma Huitron,Assistant Director— Planning Raymond Barragan, Principal Planner Leila Carver, Senior Planner Consultant Michael Kim,Tustin Capital LLC, 3701 Wilshire Blvd., Ste. 820, Los Angeles, CA 90010 Alan Scales, KTGY Architecture & Planning, 17911 Von Karman, Ste. 200, Irvine, CA 92614 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 EXHIBIT A DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN RESIDENTIAL ALLOCATION RESERVATION (RAR) FINDINGS RAR-2023-0001 14042 NEWPORT AVENUE Findings required for approval of the RAR. 1. The development is consistent with the overall vision, goals, and intent of the DCCSP and with the policies and intent of the Development Plan (Chapter 2), including the Urban Design Plan (Section 2.2). The land use designation for the project site is Downtown Commercial (DC) which identifies sites that are intended to enhance and preserve the existing commercial thoroughfare along NewportAvenue and El Camino Real. A variety of commercial uses are encouraged, though residential only uses, without associated commercial uses (mixed use), are prohibited within this Development Area. Similarly, the Urban Design Plan envisions the development ofsmall shopping centers, hospitality, and/or residential mixed-use within this development area (DA-6C) and a higher density urban form adjacent to the freeway. The project site is irregular in shape and has challenging physical limitations which includes, but is not limited to, the following. the triangular lot shape that is disjointed from the corner parcel, adjacency to the 1-5 freeway, and an existing Caltrans maintenance easement. As a result, the site is challenging to develop as a traditional commercial or mixed-use development as envisioned for this development area. The proposed project will be consistent with the overall vision, goals, and intent of the Downtown Commercial Core Specific Plan (DCCSP) in that it promotes pedestrian- oriented commercial design on the first floor with seven (7) live/work units fronting El Camino Real. These units incorporate high-quality building materials including exterior lighting, aluminum storefront systems, enhanced paving with outdoor seating and opportunities for tenant signage that reinforces the commercial presence along El Camino Real and contributes to a cohesive design for the project site. 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 Exhibit A RAR-2023-0001 June 23, 2023 Page 2 2. The project complies with the Permitted Use Tables (Tables 3.1 and 5.1), complements and contributes to the project area, and the development substantially complies with commercial and residential Development Standards and Design Criteria, as applicable. The proposed Project will be designed to comply with the DCCSP development standards and design criteria, as applicable. The proposed development of live/work units facing El Camino Real, a non-primary street, is consistent with the vision of the DCCSP area as it more broadly complements nearby commercial and residential uses /n doing so, the project would complement and contribute to the project area in design, site layout, and proposed uses 3. The development demonstrates high quality architectural design and site planning that reflects the nature of the site and the Design Review of submitted plans ensures compliance with applicable Development Standards and Design Criteria. The City encourages the development of mixed-use projects within the DCCSP area to maximize development and redevelopment potential for the area and the proposed incorporation of seven (7) live/work units along the El Camino Real street frontage has been designed to resemble a commercial storefront which is consistent with the overall purpose and intent of the Specific Plan to create a vital, pedestrian-friendly design at the ground floor that invigorates the area and expands walkability. The proposed Project incorporates a complementary blend of high-quality building materials and uses a balance of architectural articulation in the front facade which reduces the appearance of uniform massing. The use of related colors, architectural details, and varying, but complementary materials on all four (4) sides of the project enhances the overall design and additional enhancements incorporated along El Camino Real and the project entry provide a sense of place. The project design is both cohesive and varying with respect to architectural details, windows, doors, colors, and materials which is encouraged within the Specific Plan. The Project is appropriately scaled at three (3) stories and up to approximately 38 feet-6 inches in height which relates to and respects adjacent development in the surrounding area. Associated project features such as parking, landscaping, lighting and pedestrian Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 Exhibit A RAR-2023-0001 June 23, 2023 Page 3 walkways and other amenities are functional and serve to enhance the overall appearance and experience of the Project. 4. Required parking for the project is provided entirely on-site, or by an alternative provided in Section 6.3.3, Modification of Parking Standards,which is approved concurrently or made a condition of approval. Approval of a parking alternative will have a beneficial impact and does not adversely affect development or the surrounding area. The proposed Project includes a Density Bonus request at the project entitlement which allows for a reduced parking ratio. As proposed, the required parking for the Project would comply with the Density Bonus provisions and will be satisfied entirely on the projectsite. The Project proposes to provide all required parking on-site per Section 5.3 of the DCCSP for residential parking with two (2)parking spaces per dwelling unit(84 total) on-site within enclosed garage, and ten (10)guest surface parking spaces for the residential units(one space for every four(4)units or 0.25space per unit). The proposed Project also includes seven (7) additional guest parking spaces on-site, that complies with the non-residential parking requirements per Tustin City Code (TCC) Section 9263 forground floor non-residential uses within the seven (7)proposed Live/work units(One space for each 250 sq. ft. of gross floor area for the first 25,000 square feet). 5. The development is supported by existing infrastructure, or will be supported by infrastructure improvements paid for by the developer. The Project site can be served by existing infrastructure or will be supported by infrastructure improvements paid for by the developer. Letters have been provided by the applicant from AT&T, Charter Communications, East Orange County Water District and Southern California Edison noting capacity to serve the project. Will-serve letters will be required from utilityproviders at the time of entitlement. 6. The project impacts are assessed through the approved DCCSP Program EIR or through subsequent environmental documentation in compliance with the CEQA Guidelines. The applicant's request for a RAR of thirty-five (35) base residential units for the proposed Project is within the established thresholds for the DCCSP Program Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 Exhibit A RAR-2023-0001 June 23, 2023 Page 4 Environmental Impact Report. Studies related to potential impacts, such as traffic and noise, will be evaluated at the time of entitlement. 7. The project complies with the RAR application process as provided in Section 6.1.3, Entitlement Processes, and units are available within the applicable DA. The Project complies with the RAR application process and units are available within the DA-6 to accommodate the RAR request. The Specific Plan authorized a total of 887 units within the Specific Plan with 400 of these units located within DA-6.A total of 140 unit for this development area were previously allocated for the "Vintage" housing development project on Sixth Street which leaves a remaining 260 units in the housing bank for DA-6. 8. The development provides a sufficient mix of uses with sufficient commercial space placed along the frontage on principal streets, office uses reserved for upper floors, and residential units located on upper floors on non-principal street frontages. The proposed Project is designed with live/work units along El Camino Real and include store frontages with limited square footage, reduced storefront depth and a reduced floor plate height that would limit the type of commercial uses that could operate within this type of tenantspace.As such, office uses and small retail businesses are most likely to establish within the live/work units proposed along El Camino Real which would be allowable as units are located on a non-principal street frontage. 9. The proposed development is consistent with the City's affordable housing requirements. As proposed, the Project includes a total of two (2) very-low income housing units (equivalent of 596) meeting the minimum mandatory requirements contained in the City's Voluntary Workforce Housing regulations The applicant will also pay the Citys Voluntary Workforce Housing Incentive in-lieu fee at the time of issuance of building permits Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 Exhibit A RAR-2023-0001 June 23, 2023 Page 5 10. The developer consents to enter into a mutually agreeable Development Agreement at the City's request and the proposed development provides at least one (1) public benefits as part of the development, subject to the review and approval by the project approval body. As required by the DCCSP, the public benefit requirement will be satisfied via a Development Agreement(DA). Public benefit(s) could include, but are not limited to:(a) provision of affordable housing significantly greater than the mandatory requirements contained in the City's affordable housing ordinance. (b)A public amenity that is easily accessible is included such as a public plaza that provides, at a minimum, seating, landscaping, and lighting. (c) Prominent public art, which is located and featured within easypublic view. (d)Installation of specific public infrastructure above any required by the project. (e) Off-site parking improvements above any required by the project. (f) Recreational amenities above any required by the project. (g) Other, as proposed and deemed important to and acceptable by the City. The applicant will be required to provide a public plaza fronting El Camino Real that will include seating, lighting and landscaping and will be memorialized in the DA. 11. The development facilitates multi-modal transportation through building siting and design that provides convenient access for transit users, pedestrians and bicyclists. Where a development is adjacent to an existing or planned transit stop, building siting and orientation provide convenient access for transit users. As proposed, the Project design and building placement provide convenient access for transit users and pedestrians to utilize existing transitstops along NewportAvenue and El Camino Real. Internal pedestrian walkways are provided throughout the project site and connect to existing sidewalks within the public right-of-way along the perimeter of the project site. Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 Exhibit A RAR-2023-0001 June 23, 2023 Page 6 12. The developer submits building plans to the Building Division within six (6) months after project approval to fully construct the project in a timely manner within the period specified in the RAR conditions of approval. As a condition of approval, the developer will be required to submit complete building plans to the Building Division within six(6)months of a Phase 2 project approval to fully construct the project in a timely manner. 13. The applicant has sufficiently demonstrated its level of development experience to the City. The applicant has sufficiently demonstrated its level of development experience to the City by providing evidence of a series of comparable projects in otherjurisdictions Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 EXHIBIT B CONDITIONS OF APPROVAL AND FORMAL APPLICATION SUBMITTAL REQUIREMENTS RAR-2023-0001 14042 NEWPORT AVENUE 1. The RAR preliminary application of units in Phase One shall not be considered final until approval of the requested entitlements) in Phase Two per DCCSP Section 6.1.3.3. Following Phase One approval of the RAR, final approval of the RAR (Phase Two) shall not exceed a period of 180 days. A time extension may be considered at the discretion of the Community Development Director. 2. For approval of Phase Two, the applicant shall submit the project entitlement requests: Design Review, Development Agreement, Density Bonus request, Subdivision Map, and associated plans and/or related studies to the City for review and approval. In addition to the applicable review deposit, submittal requirements for Phase Two shall include the following: • Provide a response to staff comments/corrections (Exhibit C). Please note that Staff reserves the right to provide additional comments during Phase Two review, as applicable. • General Application Form • Development Agreement including description of all proposed public benefits. • Tentative Tract Map • Environmental Assessment Form • Preliminary Title Report (for all parcels) • Architectural Plans i. Site plan ii. Floor plan iii. Building elevations iv. Colored elevations v. Landscape & irrigation plans vi. Photometric/Lighting Study vii. Materials boards and/or photographs of materials to be used 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 Exhibit B RAR-2023-0001 June 23, 2023 Page 2 • Affordable Housing Plan • Trip Generation and VMT Memo • Preliminary Water Quality Management Plan (WQMP) • Health Risk Assessment (HRA) per DCCSP EIR/MMRP Mitigation Measure AQ-10 • Noise Study. • Biological Survey and Impact Assessment to demonstrate that the site does not provide habitat for special status flora or fauna. • Mailing Labels within 300-feet of the project site 3. The allocation of units shall expire and the units will be redeposited back into the Residential Allocation Bank if the time limits established above expire without submittal of the required Phase Two entitlement applications. Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 EXHIBIT C COMMENTS AND CORRECTIONS RAR-2023-0001 14042 NEWPORT AVENUE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT AGREEMENT 1. Continue to coordinate with City staff to finalize the draft Development Agreement (DA). VOLUNTARY WORKFORCE HOUSING INCENTIVE PLAN 2. Continue to coordinate with City staff to finalize the draft Housing Incentive Plan and Agreement. CALTRANS 3. Additional comments will be forthcoming from Caltrans. We recommend that all comments are received prior to drafting revision to the project site design. 4. Plan sheet L-4. Maintenance gate with Knox box to the California Department of Transportation (Caltrans) easement area for maintenance and access purposes is still shown on plans. Continue coordination with Caltrans and City staff regarding access to the easement area. NOISE MEASURES 5. As a condition of approval for the entitlement, at plan check, revise Section 6.1 in the Noise Study dated September 28, 2022 to describe proposed mitigation measures for future on-site traffic noise impacts in greater detail including selected material and design for proposed awnings over the private and common open spaces areas with a direct line-of-sight to the freeway. The material and design will be required to be reviewed and approved by the Planning division. 6. Upon submittal for Phase Two, any awnings proposed as mitigation for traffic noise impacts, as described in the noise study, should be incorporated into the Architectural Plan set for staff review. 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 Exhibit C RAR-2023-0001 June 23, 2023 Page 2 PARKING 7. The project is requesting compliance under parking standards of Density Bonus Laws. Downtown Commercial Core Specific Plan (DCCSP) parking requirements for mixed-use development separates the residential component from commercial space and requires that the non-residential space meet the parking requirements per Tustin City Code (TCC). As proposed, the project appears to meet the total on-site parking requirements for both residential and non- residential uses. Please update the parking information provided in the Architectural Plan sheet A0.10 to show how the project does comply with City development standards at this time. For reference, see parking compliance table below: DCCSP - DA-6C - Tustin City Code Vertical Mixed Use (TCC) Section Proposed Project Development Standards 9263 Residential 2 spaces per dwelling unit N/A Providing Two (2) parking spaces units parking on-site within enclosed per dwelling unit(84 total) onsite garage or parking structure within enclosed garage 0.25 space per unit located N/A Residential Providing 0.25 space per unit= 10 within 300 feet of units Guest parking guest spaces served Per TCC for Office use. One (1) space for each 250 sq.ft. Office use = 243 SF* 7 units= 1,701 Non-residential parking of gross floor area SF of total office. 1,701/250 = 7 for the first 25,000 guest parking spaces total sq.ft... (6.8 spaces required) COMMON OPEN SPACE (THE COMMON) 8. Upon submittal of Phase Two, show locations of any proposed trash can(s) on plan sheet L-1 PUBLIC PLAZA (PUBLIC AMENITY AREA) 9. Upon submittal of Phase Two, show locations of proposed trash can(s) on plan sheets L-1 and L-3. Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 Exhibit C RAR-2023-0001 June 23, 2023 Page 3 10. Upon submittal of Phase Two, provide additional shade, where feasible, in the form of trees or umbrellas. Per DCCSP Section 4.1, a public pedestrian gathering area shall feature seating, shade, and landscaping. PLAN 11. Update Plan sheet A0.10 under Notes to reference the 2022 California Building Code (CBC). TENTATIVE TRACT MAP (TTM) 19164 12. Water meters are proposed on both sides of the project main entryway which Limits installation of trees and landscaping. Please consider an alternative design for the water meters located along the eastern side of the main entryway, such as breaking up the water meters into separate clusters, that maximizes Landscaping. PUBLIC WORKS DEPARTMENT TRASH 13. As an alternative to the proposed Refuse Plan shown on Architectural Plan sheet A1.00, provide two (2) trash enclosures on-site that meet the requirements of TCC Section 4361b. Please note, references to commercial businesses in this TCC section are related to the type of solid waste services being provided and are not indicative of the property's use. Please continue to coordinate with staff to find an appropriate placement for trash enclosures. Staff is open to discussion on alternative means of trash collection. TRAFFIC/TRANSPORTATION 14. Remove the proposed raised median at the Newport Avenue entry. Due to the width of the proposed project driveway on Newport Avenue, it would be difficult for truck traffic i.e., fire and trash trucks, to complete a right-turn without going over the raised channelizer at the driveway on Newport Ave. In its place, the Public Works Department requests signage comprised of a one-way sign (i.e., R10 right) and a yellow diamond sign on the raised median across the driveway Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 Exhibit C RAR-2023-0001 June 23, 2023 Page 4 (on Newport Avenue), and a No Left-Turn sign (as opposed to a Right-Turn Only sign) with the stop sign at the driveway exit should be posted. PRELIMINARY PRIORITY WATER QUALITY MANAGEMENT PLAN 15. The Preliminary Priority Water Quality Management Plan (PWQMP) is required as part of the environmental assessment package to accompany all support documentation of the entitlement process under the California Environmental Quality Act (CEQA).As such,the document has now provided sufficient narratives and analysis so that the documentation will meet the minimum required thresholds of CEQA to demonstrate that the development can meet their mitigation requirements for any potential environmental impacts the development may create. Although final design elements and information is not required at this level, this documentation will demonstrate sufficient support for the proposed mitigation, including descriptions of the BMP's and mitigation of the first flush runoff. Per the County of Orange Technical Guidance Document (TGD), this PWQMP includes sufficient preliminary geotechnical and structural elements that the surface conveyance and subgrade systems will direct the flows to appropriate structural Best Management Practice (BMP) systems that meet the required minimum goals of the overall treatment regime. 16. The Area of runoff used in the DCV calculations includes the Caltrans area adjacent to the Interstate 5 (1-5) freeway (1.96 acres), and therefore treats the full volumes of runoff within their project boundary. 17. With the above acknowledgements provided in comment 16 the following items should be addressed to complete the Preliminary WQMP: a. Please revise the cover and header for complete reference to the current phase of this submittal as a Preliminary Water Quality Management Plan by adding a "P" to the "WQMP" acronym so that it reads "PWQMP" on the cover and all headers. b. Second (2nd) request: In Section 11, please correct the footers from "III" to "11." Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org DocuSign Envelope ID: E9304D12-28BE-497F-80EB-FB426BB73D38 Exhibit C RAR-2023-0001 June 23, 2023 Page 5 18. Please note that this documentation is based upon preliminary design. During final design, additional information and changes to the Final WQMP may be required and will be based upon the final design calculations and project elements. Therefore, approval of this Preliminary WQMP is for entitlement processing only, and does not imply approval of the Final WQMP. 19. The PWQMP will need to be bound and have tabs to locate all sections of the document for use by staff and the public during entitlement review. PRELIMINARY HYDROLOGY 20. The Preliminary Hydrology can be deemed adequate and No Exception is Taken to the calculations and assumptions in this current report. ORANGE COUNTY FIRE AUTHORITY (OCFA) - SR298509 The plans submitted for the project referenced above have been reviewed. The following corrections are needed to show compliance with the 2022 California Building Code (CBC), 2022 California Fire Code (CFC), NFPA Standards, and local amendments. 21. It appears there is a median proposed in the entry lane off of Newport Avenue. The preliminary Fire Access Plan (Sheet 5 of 5) shows the turning radii requiring fire apparatus to straddle the median to access the site from Newport. Revise plans to show an adequate method of accessing the site off of Newport Avenue that does not require the fire apparatus to straddle the median. 22. Demonstrate that the required fire access radii are met on the Refuse Plan (Sheet A1.10). Community Development Department 300 Centennial Way,Tustin, CA 92780 • 714-573-3000 •tustinca.org ATTACHMENT E RESOLUTION NO. 4479 - ADDED 10-9-23 • EXHIBIT A: DRAFT ORDINANCE NO. 1538 • EXHIBIT B: DA 2023-0002 RESOLUTION NO. 4479 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1538, APPROVING DEVELOPMENT AGREEMENT (DA) 2023-0002 BETWEEN THE CITY OF TUSTIN AND CITY VENTURES HOMEBUILDING, LLC. TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-LOW INCOME HOUSEHOLDS, PAYMENT OF VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM IN-LIEU FEE, AND A 1 ,392 SQUARE FOOT PUBLIC AMENITY SPACE FOR A NEW, LIVE/WORK AND RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE THIRY-FIVE (35) RESIDENTIAL CONDOMINIUM UNITS AND SEVEN (7) LIVE/WORK UNITS, FOR A TOTAL OF FORTY TWO (42) UNITS IN SIX (6) BUILDINGS, INCLUDING TWO (2) AFFORDABLE UNITS, ON APPROXIMATELY TWO (2) ACRES AT 14042 NEWPORT AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by City Ventures Homebuilding, LLC for a Subdivision Map (SUB 2023-0003)/Vesting Tentative Tract Map (VTTM No. 19164), Design Review (DR) 2023-0019, Final Approval of Residential Allocation Reservation (RAR), Density Bonus requests for one (1)concession to remove the requirement for full replacement of frontage improvements along El Camino Real; two (2) waivers to reduce the minimum required ground floor commercial development standards within the live/work units that include the interior depth from forty-five (45)feet to thirteen (13) feet eight (8) inches (13'-8") and first (1st) floor plate height of the live/work units from sixteen (16)feet to ten (10)feet one (1) inch; and use of State Density Bonus Law parking standards, which allow tandem parking; and Development Agreement (DA) 2023-0002 to construct a new, live/work and residential condominium development project that would include thirty-five (35) residential condominium units and seven (7) live/work units, for a total of forty- two (42) units in six (6) buildings, including two (2) affordable units, on approximately two (2)acres. The project would also include an enclosed, two- car garage and private open space for each dwelling unit, a total of seventeen (17) guest surface parking spaces, common open space areas, landscaping, Resolution No. 4479 Page 2 and a 1,392 square foot (SF) public amenity space fronting El Camino Real. The project is located at 14042 Newport Avenue within Development Area 6C (DA-6C subarea) of the Downtown Commercial Core Specific Plan (DCCSP, SP-12). B. Section 6.1 .3.1 of DCCSP requires that approval of a DA shall be required for approval of a Subdivision Map. Applications for DAs shall be processed in accordance with Section 6.1.4, Approval Authority of DCCSP and Article 9, Chapter 6, DAs, of the Tustin City Code (TCC). C. That TCC Section 9611 requires the applicant and the City to enter into a DA for the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households, payment of voluntary workforce housing incentive program in-lieu fee, and dedication of a 1,392 square foot public amenity space. D. That the proposed voluntary provision of community public benefits is in the best interest of the public in that it increases the diversity in available housing for existing and new residents in the City of Tustin. E. That Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the TCC authorize the Tustin City Council to enter into a DA. In accordance with TCC 9611 , the Planning Commission must make a recommendation on the proposed DA to the City Council. The DA attached hereto, as Exhibit A, can be supported by the following findings: 1 . That the DA is consistent with the General Plan designation and zoning district and the project will be consistent with the objectives, policies, general land uses and programs specified in the General Plan in that residential and non-residential uses are permitted uses within the DCCSP General Plan land use designation and the DCCSP zoning district. 2. That the project is compatible with the uses authorized in the district in which the property is located. 3. That the project is in conformity with the public necessity, public convenience, general welfare and good land use practices in that the project would provide forty (40) market rate units and two (2)affordable housing units for very-low income households for new and existing Tustin residents thereby providing additional options of housing types to the City's housing stock. Resolution No. 4479 Page 3 4. The project will not be detrimental to the health, safety and general welfare. The project will comply with the DCCSP, TCC, mitigation measures and conditions of approval and other regulations to ensure that the project will not be detrimental to the community. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed and equipped with the necessary infrastructure and amenities to support existing and future residents and businesses in the City. 6. That the approval of the DA will provide for two (2) Very Low Income units and the payment of affordable housing in-lieu fee. 7. A Fiscal Impact Statement was prepared and submitted along with the DA which verifies that the project will have a positive fiscal impact on the City over and above that of the currently vacant site. F. That the provisions of DA 2023-0002 are consistent with DCCSP and the policies of the General Plan, as evidenced by the following findings: 1 . That the project is adjacent to and surrounded by other commercial uses promoting pedestrian-oriented development and walkability community while maintaining a commercial emphasis of the project area. 2. That a mix of live/work and residential uses are beneficial to adjacent uses consistent with the overall vision, goals and intent of the DCCSP. G. That a public hearing was duly called, noticed, and held on said application on October 10, 2023, by the Planning Commission. H. That the proposed project is consistent with the General Plan Housing Element Goal 1 in that the project would facilitate the provision of 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 and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for forty (40) market-rate for sale units and two (2) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will provide two (2) Very Low Income units on site and pay an in- lieu affordable housing fee which will be used for development of affordable housing in another location within the City. I. That on June 19, 2018, the Tustin City Council adopted Resolution No. 18- Resolution No. 4479 Page 4 24 adopting and certifying the Final Environmental Impact Report (EIR) and Mitigation Monitoring and Report Program (MMRP) for the Downtown Commercial Core Specific Plan (DCCSP). J. That the project meets the criteria for statutory exemption from CEQA pursuant to State CEQA Guidelines Section 15182(c). The Section 15182(c) statutory exemption allows residential projects implementing a Specific Plan if a public agency has adopted an Environmental Impact Report (EIR) on a specific plan after January 1 , 1980, and no subsequent EIR has been completed. The Downtown Core Commercial Specific Plan EIR was certified in 2018 and none of the conditions described in CEQA Section 15162 calling for the preparation of a subsequent EIR/Notice of Determination have occurred. Therefore, the Planning Commission recommends that the City Council find the project exempt from CEQA pursuant to CEQA Guidelines Section 15182(c). II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1538 approving DA 2023-0002, to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households and payment of Voluntary Workforce Housing Incentive Program in-lieu fee, and a 1,392 square foot public amenity space relative to the construction of a new, live/work and residential condominium development at 14042 Newport Avenue, as identified in Exhibit A attached hereto. Resolution No. 4479 Page 5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of October 2023. STEVE KOZAK Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Draft DA 2023-0002 Exhibit B: Draft Ordinance No. 1538 APPROVED AS TO FORM: DAVID E. KENDIG City Attorney MICHAEL DAUDT Assistant City Attorney Resolution No. 4479 Page 6 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. 4479 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10t" day of October, 2023. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Clerk (Space Above This Line Is for Recorder's Use Only) This Agreement is recorded at the request and for the benefit of the City of Tustin and is exempt from the payment of a recording fee pursuant to Government Code §§ 6103 and 27383. DEVELOPMENT AGREEMENT (DA-2023-0002) between CITY OF TUSTIN and CITY VENTURES HOMEBUILDING, LLC, a California limited liability company #166356 v4 9184.2 099833416998268v10 TABLE OF CONTENTS Page 1. Definitions. ......................................................................................................................3 2. General Provisions. .........................................................................................................6 2.1 Binding Effect of Agreement; Authorized Use of Property. ...................................6 2.2 Developer Representations and Warranties Regarding Ownership of the Property and Related Matters Pertaining to this Agreement.................................6 2.3 Term. ...................................................................................................................7 3. Development of Project. ..................................................................................................8 3.1 Development Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals.............................................................................................................8 3.2 Other Governmental or Quasi-Governmental Permits..........................................9 3.3 No Conflicting Enactments...................................................................................9 3.4 Reservations of Authority. ..................................................................................10 3.5 Tentative Subdivision Maps. ..............................................................................11 4. Public Benefits...............................................................................................................12 4.1 Provision of Public Benefits................................................................................12 4.2 Effect of Public Benefits Default. ...........................Error! Bookmark not defined. 4.3 Zoning Release.....................................................Error! Bookmark not defined. 5. Enforcement.....................................................................Error! Bookmark not defined. 6. Annual Review of Developer's Compliance With Agreement. ........................................13 6.1 General..............................................................................................................13 6.2 Developer Obligation to Demonstrate Good Faith Compliance. .........................13 6.3 Procedure. .........................................................................................................13 6.4 Annual Review a Non-Exclusive Means for Determining and Requiring Cure of Developer's Default. ..............................................................................13 7. Events of Default. ..........................................................................................................14 7.1 General Provisions.............................................................................................14 7.2 City's Remedies. ................................................................................................14 7.3 Developer's Remedies. ......................................................................................15 7.4 Waiver. ..............................................................................................................15 7.5 Additional City Remedy for Developer's Default....Error! Bookmark not defined. 7.6 No Personal Liability of City Officials, Employees, or Agents. ............................15 7.7 Recovery of Legal Expenses by Prevailing Party in Any Action..........................15 8. Force Majeure. ..............................................................................................................16 i 09983346998268vio TABLE OF CONTENTS Page 9. Indemnity Obligations of Developer. ..............................................................................16 9.1 Indemnity Arising From Acts or Omissions of Developer....................................16 9.2 Third Party Litigation. .........................................................................................16 9.3 Environmental Indemnity....................................................................................18 9.4 Labor Laws. .......................................................................................................18 10. Assignment....................................................................................................................18 10.1 Permitted Transfers. ..........................................................................................18 10.2 City Approval of Transferee. ..............................................................................19 10.3 Ongoing Liability of Transferor. ..........................................................................20 11. Mortgagee Rights. .........................................................................................................20 11.1 Encumbrances on Property................................................................................20 11.2 Mortgagee Protection.........................................................................................21 11.3 Mortgagee Not Obligated. ..................................................................................21 11.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. .............................21 12. Miscellaneous Terms.....................................................................................................22 12.1 Notices...............................................................................................................22 12.2 Project as Private Undertaking...........................................................................22 12.3 Cooperation. ......................................................................................................23 12.4 Estoppel Certificates. .........................................................................................23 12.5 Rules of Construction.........................................................................................23 12.6 Time Is of the Essence.......................................................................................23 12.7 Waiver. ..............................................................................................................23 12.8 Counterparts. .....................................................................................................23 12.9 Entire Agreement...............................................................................................24 12.10 Severability. .......................................................................................................24 12.11 Developer Deposit. ...............................................Error! Bookmark not defined. 12.12 Construction.......................................................................................................24 12.13 Successors and Assigns; Constructive Notice and Acceptance. ........................24 12.14 No Third Party Beneficiaries. .............................................................................25 12.15 Applicable Law and Venue.................................................................................25 12.16 Section Headings...............................................................................................25 12.17 Incorporation of Recitals and Exhibits. ...............................................................25 12.18 Recordation. ......................................................................................................25 12.19 Authority to Execute...........................................................................................26 ii 09983346998268vio TABLE OF CONTENTS Page EXHIBITS Exhibit A Legal Description of Property Exhibit B Site Plan Exhibit C Phasing Plan Exhibit D Public Amenity Conceptual Plan 09983346998268vio DEVELOPMENT AGREEMENT (DA-2023-0002) (Pursuant to California Government Code sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the day of 202_ ("Effective Date"), and is being entered into by and between the CITY OF TUSTIN ("City") and CITY VENTURES HOMEBUILDING, LLC, a California limited liability company ("Developer"). City and Developer are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party." All terms defined in the Agreement shall have the same meaning when used herein. RECITALS A. Developer has an equitable interest in real property constituting approximately two (2) acres in the City of Tustin, County of Orange, State of California, located at 14042 Newport Avenue in the Downtown Commercial Core Specific Plan ("DCCSP") (APNs # 432-074-07, 432- 074-08, 432-074-09) as legally described on Exhibit A and depicted on Exhibit B attached to this Agreement (the "Property"), and therefore is authorized to enter into this Agreement pursuant to Government Code Section 65865. B. Developer is proposing to develop the Property with thirty-five (35) residential condominium units and seven (7) live/work units, for a total of forty-two (42) units in six (6) buildings, with associated landscaping, public amenity space, and parking ("Project"). Five (5) percent of the base units (thirty-five (35) units) would be affordable to very low-income households, making the Project eligible for a twenty(20) percent density bonus, unlimited waivers, one concession/incentive, and State Density Bonus Law parking standards under State Density Bonus Law. C. In order to encourage investment in, and commitment to, comprehensive planning and strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects in order to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code sections 65864- 65869.5 (the "Development Agreement Statute") authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction. D. On December 3, 1984, the City Council adopted Ordinance No. 923, codified at Section 9600 et seq. of the Tustin Code Regarding Development Agreements (the "Development Agreement Ordinance"). This Agreement is consistent with the Development Agreement Ordinance. E. Developer shall provide public benefits as provided in this Agreement as consideration for this Agreement. #166356 v4 9184.2 1 1786314.1 087873\16998268v10 F. The following land use entitlements for the Project are being adopted and approved by the City Council concurrently with its approval of this Agreement ("Project Approvals"): (1) Subdivision (SUB) 2023-0003/Vesting Tentative Tract Map (VTTM) No. 19164 to subdivide the existing three (3) parcels to one (1) lot for condominium purposes, within multiple Phases (Exhibit C); (2) Design Review (DR) 2023-0019 for thirty-five (35) residential units and seven (7) Live/work units for a total of forty-two (42) attached residential condominium townhomes within six (6) buildings to include 40 market rate and 2 affordable (50%AMI) units, common and private open space and landscaping, and a public amenity space; (3) Final Approval of Residential Allocation Reservation (RAR) 2023-0001; (4) Density Bonus request with five (5) percent of units identified as very-low income housing with a request for density bonus of twenty percent (35 base units, plus seven density bonus units); one (1) concession to remove the requirement for full replacement of frontage improvements along El Camino Real; two (2) waivers to reduce the minimum required ground floor commercial development standards within the Live/work units that include the interior depth from 45 feet to 13 feet-8 inches (13'-8") and first (1st) floor plate height from sixteen (16) feet to 101" feet; and use of State Density Bonus Law parking standards, which allow tandem parking; (5) Development Agreement 2023-0002, consistent with the requirements of the DCCSP. G. On June 19, 2018, the Tustin City Council adopted Resolution No. 18-24 adopting and certifying the Final Environmental Impact Report for the DCCSP. H. The Project Approvals have been evaluated pursuant to the California Environmental Quality Act (" CEQX) and determined to be exempt pursuant to Section 15182(c) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15182) and Government Code Section 65457 for Residential Projects Implementing a Specific Plan because none of the factors listed in Public Resources Code Section 21166 have occurred. I. City has determined that the Project, including this Agreement, is consistent with the City's General Plan and that the Development Agreement complies with the findings established by the Development Agreement Ordinance, 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. 2 1786314.1 087873\16998268v10 4. Will not be detrimental to the health, safety, and general welfare. 5. Will not adversely affect the orderly development of Property. 6. Will have a positive fiscal impact on the City. J. City has determined that this Agreement satisfies Developer's obligation pursuant to the DCCSP to enter into a Development Agreement for a Subdivision Map approval. K. On October , 2023, City's Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to the Project Approvals, including this Agreement, and recommended to the City Council that the City Council approve this Agreement and the other Project Approvals. L. On November 7, 2023, the City Council held a public hearing on this Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Developer, and members of the public, and approved the Project Approvals other than this Agreement, adopting Resolution Nos. . On December 5, 2023, consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the City Council adopted Ordinance No. (the "Adopting Ordinance"), finding this Agreement to be consistent with the City of Tustin General Plan and approving this Agreement and authorizing its execution. AGREEMENT NOW, THEREFORE, City and Developer agree as follows: 1. Definitions. In addition to any terms defined elsewhere in this Agreement, the following terms when used in this Agreement shall have the meanings set forth below: "Action" shall have the meaning ascribed in Section 6.6 of this Agreement. "Adopting Ordinance" shall have the meaning ascribed in Recital L of this Agreement. "Agreement" shall mean this Development Agreement. "Applicable Approvals" shall include the Project Approvals described in Recital F of this Agreement and Subsequent Approvals. "Approval Date" means the date this Development Agreement was adopted by ordinance of the City Council. "CEQA" shall mean the California Environmental Quality Act (California Public Resources Code sections 21000-21177) and the implementing regulations promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, Section 15000 et seq.), as the same may be amended from time to time. "Cii�t r' shall mean the City of Tustin, a California city, and any successor or assignee of the rights and obligations of the City of Tustin hereunder. 3 1786314.1 087873\16998268v10 "City Council" shall mean the governing body of the City of Tustin. "City's Affiliated Parties"shall have the meaning ascribed in Section 8.1 of this Agreement. "Claim" shall have the meaning ascribed in Section 8.1 of this Agreement. "Cure Period" shall have the meaning ascribed in Section 6.1 of this Agreement. "Damages" shall have the meaning ascribed in Section 6.2 of this Agreement. "Default" shall have the meaning ascribed to that term in Section 6.1 of this Agreement. "Develop" or"Development" shall mean to improve or the improvement of the Property for the purpose of completing the structures, improvements, and facilities comprising the Project, including but not limited to: grading; the construction of infrastructure and public facilities related to the Project, whether located within or outside the Property; the construction of all of the private improvements and facilities comprising the Project; the preservation or restoration, as required of natural and man-made or altered open space areas; and the installation of landscaping. The terms "Develop" and "Development," as used herein, do not include the maintenance, repair, reconstruction, replacement, or redevelopment of any structure, improvement, or facility after the initial construction and completion thereof. "Developer" shall mean City Ventures Homebuilding, LLC, a California limited liability company, and any successor or assignee to all or any portion of the right, title, and interest of the Project in and to ownership of all or a portion of the Property. "Development Agreement Ordinance" shall mean the Chapter 6, Part 1, Section 9600 et seq. of the Tustin City Code. "Development Agreement Statute" shall mean California Government Code sections 65864-65869.5, inclusive, as the same may be amended from time to time. "Development Limitation" shall have the meaning ascribed in Section 2.3.4, and shall include the events listed in Article 7. "Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Approval Date, as the same may be amended from time to time consistent with this Agreement. Such land use entitlements, approvals and permits include, without limitation, the Development Regulations, to the extent provided under this Agreement, the Applicable Approvals and all conditions of approval and all mitigation measures approved for the Project on or before the Approval Date. "Development Regulations" shall mean the following regulations as they are in effect as of the Approval Date and to the extent they govern or regulate the development of the Property: the General Plan; the Development Plan; and, to the extent not expressly superseded by the Development Plan or this Agreement, all other land use and subdivision regulations governing the permitted uses, density and intensity of use, design, improvement, and construction standards and specifications, procedures for obtaining required City permits and approvals for development, and similar matters that may apply to development of the Project on the Property during the Term of this Agreement that are set forth in the Downtown Commercial Core Specific Plan and the Tustin City Code dealing with buildings and construction, subdivisions and inclusionary housing, 4 1786314.1 087873\16998268v10 and planning, zoning and density bonus. Notwithstanding the foregoing, the term "Development Regulations," as used herein, does not include any City ordinance, resolution, code, rule, regulation or official policy governing any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or (v) the exercise of the power of eminent domain. "Effective Date" shall have the meaning ascribed in Section 2.3.1. "Environmental Laws" means all federal, state, regional, county, municipal, and local laws, statutes, ordinances, rules, and regulations which are in effect as of the Effective Date, and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances, rules, and regulations which may hereafter be enacted and which apply to the Property or any part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of any Hazardous Substances, including without limitation the following: the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, et sec.., as amended ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et sec., as amended ("RCRA"); the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. Sections 11001 et seq., as amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et sec., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et seq., as amended; the Clean Water Act, 33 U.S.C. Section 1251, et sec., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et sea., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et seq., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections 300f et seq., as amended; the Federal Radon and Indoor Air Quality Research Act, 42 U.S.C. Sections 7401 et seg., as amended; the Occupational Safety and Health Act, 29 U.S.C. Sections 651 et seq., as amended; and California Health and Safety Code Section 25100, et se. "General Plan" shall mean City's General Plan in effect on the Approval Date. "Hazardous Substances" means any toxic substance or waste, pollutant, hazardous substance or waste, contaminant, special waste, industrial substance or waste, petroleum or petroleum-derived substance or waste, or any toxic or hazardous constituent or additive to or breakdown component from any such substance or waste, including without limitation any substance, waste, or material regulated under or defined as "hazardous" or "toxic" under any Environmental Law. "Mortgage" shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property, or a part or interest in the Property, is pledged as security and contracted for in good faith and for fair value. "Mortgagee" shall mean the holder of a beneficial interest under a Mortgage or any successor or assignee of the Mortgagee. "Notice of Default" shall have the meaning ascribed in Section 6.1 of this Agreement. "Park Fee Credit" shall have the meaning ascribed in Section 4.1.2. 5 1786314.1 087873\16998268v10 "Party" or "Parties" shall mean either City or Developer or both, as determined by the context. "Phase" shall mean any Phase depicted on Exhibit C. "Phases" shall mean all of the Phases depicted on Exhibit C, collectively. "Project" shall mean all on-site and off-site improvements that Developer is authorized and/or required to construct with respect to the Property, as provided in this Agreement and the Development Regulations, as the same may be modified or amended from time to time consistent with this Agreement and applicable law in order to carry out the Development Plan. "Property" shall have the meaning ascribed in Recital A of this Agreement. "Public Benefits" means those public benefits to be provided by the Developer and the Project as described in Section 4 of this Agreement that comprise enforceable additional consideration to City for this Agreement. "Recordation Date" shall mean the date this Agreement is recorded in the Office of the Orange County Recorder. "Subsequent Development Approvals" or "Subsequent Approvals" shall mean all discretionary development and building approvals that Developer is required to obtain to Develop the Project on and with respect to the Property after the Approval Date consistent with the Development Regulations and this Agreement, with the understanding that except as expressly set forth herein City shall not have the right subsequent to the Approval Date and during the Term of this Agreement to adopt or impose requirements for any such Subsequent Development Approvals that do not exist as of the Approval Date. "Term" shall have the meaning ascribed in Section 2.3.1 of this Agreement. "Termination Date" shall have the meaning ascribed in Section 2.3.2 of this Agreement. "Transfer' shall have the meaning ascribed in Section 9.1 of this Agreement. 2. General Provisions. 2.1 Binding Effect of Agreement; Authorized Use of Property. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of this Agreement and the Development Regulations and the Applicable Approvals, which establish the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings on the Property and provisions for reservation and dedication of land for public purposes. 2.2 Developer Representations and Warranties Regarding Ownership of the Property and Related Matters Pertaining to this Agreement. Developer and each person executing this Agreement on behalf of Developer hereby represents and warrants to City as follows: (i) that, as of the Effective Date, Developer has an 6 1786314.1 087873\16998268v10 equitable interest to acquire fee simple title to the Property; (ii) if Developer or any co-owner comprising Developer is a legal entity that such entity is duly formed and existing and is authorized to do business in the State of California; (iii) if Developer or any co-owner comprising Developer is a natural person that such natural person has the legal right and capacity to execute this Agreement; (iv) that all actions required to be taken by all persons and entities comprising Developer to enter into this Agreement have been taken and that Developer has the legal authority to enter into this Agreement; (v) that Developer's entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation, contractual or otherwise, that Developer or any person or entity comprising Developer has to any third party; (vi) that neither Developer nor any co-owner comprising Developer is the subject of any voluntary or involuntary bankruptcy or insolvency petition; and (vii) that Developer has no actual knowledge of any pending or threatened claims of any person or entity affecting the validity of any of the representations and warranties set forth in clauses (i)—(vi), inclusive, or affecting Developer's authority or ability to enter into or perform any of its obligations set forth in this Agreement. 2.3 Effective Date and Term. 2.3.1 Effective Date. The Effective Date of this Development Agreement is stated in the first paragraph of this Development Agreement and represents the later of: (a) thirty (30) days after the date the Ordinance approving this Development Agreement is adopted by the City Council; or, (b) if a referendum petition is timely and duly circulated and filed, the date the election results on the ballot measure by City voters approving this Development Agreement are certified by the City Council in the manner provided by the Elections Code. This Agreement shall be executed by the City within ten (10) days after the Effective Date and recorded as provided in Government Code Section 65868.5. 2.3.2 Term. The term of this Agreement (the "Term") shall commence on the Recordation Date and shall continue in full force and effect until the Termination Date (as defined below) or five (5) years, whichever occurs first, unless extended pursuant to Section 2.3.4. Following the Termination Date, this Agreement shall be deemed terminated and of no further force and effect; provided however, that said termination of the Agreement shall not affect the Applicable Approvals. 2.3.3 Termination. The "Termination Date" shall be the earliest of the following dates: (i) the expiration of the allocation of the 35 base residential units to the Project, and the redeposit of the units into the Residential Allocation Bank, as set forth in Section 3.1.1 (ii) the fifth (5th) anniversary of the Effective Date as the same may be extended pursuant to Section 2.3.4; (iii) the date of termination of this Agreement by the City in accordance with any of Articles 5, 6 and/or 7 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; (iv) the date upon which Developer completes the Project and the Public Benefits in accordance with the terms of this Agreement, the Applicable Approvals and the Development Regulations, including Developer's complete satisfaction, performance, and payment, as applicable, of all fees, the issuance of all required final occupancy permits for residential units on the Property, and acceptance by City or applicable public agency(ies) or private entity(ies) of all required public improvements and offers of dedication, not to be unreasonably withheld by City; (v) the date of entry of a final court judgment not subject to further appeal setting aside, voiding or annulling the adoption of the Adopting Ordinance or any of the Applicable Approvals; or(vi) the date of adoption of a referendum measure overriding or repealing the Adopting Ordinance. The termination or expiration of this Agreement shall not affect the validity of the Applicable Approvals (other than this Agreement). 7 1786314.1 087873\16998268v10 2.3.4 Extensions. Notwithstanding the Parties' expectation that there will be no limit or moratorium upon the Project's development or the issuance of building or other development related permits during the Term, the Parties understand and agree that various third parties may take action or other events outside the Parties' control, including as listed in Article 7, may occur causing a de facto "Development Limitation." Consequently, the Term and the obligations imposed pursuant to this Agreement shall be extended day for day for any delay arising from a Development Limitation, including a timely filed lawsuit challenging the validity or legality of the Adopting Ordinance, this Agreement, and/or any of the Applicable Approvals, until the date on which said challenge is finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement, and/or the Applicable Approvals, whether such finality is achieved by a final non-appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement. Each Party shall promptly notify the other Party to this Agreement upon learning of any Development Limitation. 3. Development of Project. 3.1 Development Regulations for the Project Approvals. 3.1.1 Life of the Project Approvals. Developer shall have the right but not the obligation to develop the Project under the terms of the Project Approvals, including this Agreement. Following final approval of RAR 2023-0001 and the Applicable Approvals all construction related permits for the Project, including demolition, grading, and building permits, must be obtained during the life of the Vesting Tentative Tract Map ("VTTM"). Following building permit issuance, construction on the first building must commence within 180 days, except if this time period is automatically extended pursuant to Article 7. Other time extensions may be considered at the discretion of the City Community Development Director ("Director"), not to be unreasonably withheld. Developer's precise grading permit application shall comply with all requirements specified in Tustin City Code section 8909. The allocation of the 35 base residential units to the Project shall expire and the units redeposited into the Residential Allocation Bank for use by other projects if the first construction-related permit is not obtained within the required time limits or approved for extension, or the permit is not utilized, as evidenced by the commencement of construction, including grading, within the time allowed pursuant to this Section 3.1.1. Notwithstanding the foregoing, if the City alters the RAR process to provide that an RAR recipient has more time to use an RAR than provided in this Agreement, Developer shall be provided an equivalent extension of time to use its RAR. If the City rescinds the RAR requirement, Developer's RAR shall not expire. 3.1.2 Purpose. Developer has expended and will continue to expend substantial amounts of time and money planning and preparing for Development of the Project. Developer represents and City acknowledges that Developer would not make these expenditures without this Agreement, and that Developer is and will be making these expenditures in reasonable reliance upon its vested rights to Develop the Project as set forth in this Agreement. For this reason, City agrees to process all Subsequent Approvals expeditiously, and within the time provided by Government Code section 65913.3. City shall prioritize the processing of all Subsequent Approvals to ensure that the purpose of this Agreement is not frustrated. 3.1.3 Amendments. Developer may apply to City for permits or approvals necessary to modify or amend the Development specified in the Project Approvals, provided that the request does not propose an increase in the maximum density, intensity, height, or size of proposed structures, or a change in use that generates more peak hour traffic or more daily traffic 8 1786314.1 087873\16998268v10 and, in addition, Developer may apply to City for approval of minor amendments to existing tentative tract maps, tentative parcel maps, or associated conditions of approval, consistent with the Tustin City Code. This Agreement does not constitute a promise or commitment by City to approve any such permit or approval, or to approve the same with or without any particular requirements or conditions, and City's discretion with respect to such matters shall be the same as it would be in the absence of this Agreement. 3.1.4 Vested Elements and Rights. Developer shall have the vested right to complete development of the Property in accordance with the Development Plan. Developer's vested rights include all rights vested by the VTTM and rights provided by this Agreement. This Agreement is not intended to lessen the vested rights provided by the VTTM, including the vesting of Development Impact Fees (defined in Section 3.1.5), and in the event of a conflict between this Agreement and the vested rights provided by the VTTM, the vested rights provided by the VTTM control. 3.1.5 Fees. Consistent with Government Code section 66007, Development Impact Fees shall be paid on the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. Development Impact Fees shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first. The term "Development Impact Fees" means those fees imposed or levied by the City with respect to development and/or its impacts pursuant to applicable governmental requirements, including Government Code Sections 66000 et seq., including impact fees, fees or charges for the construction of public improvements or facilities, park and recreation fees, linkage fees, exactions, assessments, fair share charges, or other similar impact fees or charges imposed on or in connection with new development. Development Impact Fees do not include (1) City Processing Fees, as defined in Section 3.4.2, or(2) regional pass-through fees imposed by other agencies and charged by the City. 3.2 Other Governmental or Quasi-Governmental Permits. Developer shall apply for such other permits and approvals as may be required by non- City governmental or quasi-governmental agencies having regulatory jurisdiction over the Project (such as public utilities or special districts, or other federal or state resource agencies) to the extent required for the development of, or provision of, services and facilities to the Project as set forth in the Development Plan. The City shall cooperate with and assist Developer in obtaining such permits and approvals, and, where necessary in making application for such approvals or permits. Developer shall be solely responsible for all costs and shall be responsible for the processing of all such permits. 3.3 No Conflicting Enactments. Except to the extent City reserves its discretion as expressly set forth in this Agreement (including, without limitation, as set forth in Section 3.4 and Article 4 of this Agreement), during the Term of this Agreement, the City shall not apply to the Project or the Property any ordinance, policy, rule, regulation, or other measure relating to Development of the Project that is enacted or becomes effective after the Approval Date to the extent it conflicts with this Agreement. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, the California Supreme Court held that a construction company was not exempt from a city's growth control ordinance even though the city and construction company had entered into a consentjudgment(tantamount to a contract under California law) establishing the company's vested rights to develop its property consistent with the zoning. The California Supreme Court reached this result because the consent judgment 9 1786314.1 087873\16998268v10 failed to address the timing of development. The Parties intend to avoid the result of the Pardee case by acknowledging and providing in this Agreement that Developer shall have the vested right to Develop the Project on and with respect to the Property at the rate, timing, and sequencing that Developer deems appropriate within the exercise of Developer's sole subjective business judgment, provided that such Development occurs in accordance with this Agreement and the Development Regulations, notwithstanding adoption by City's electorate of an initiative to the contrary after the Approval Date. No City moratorium or other similar limitation relating to the rate, timing, or sequencing of the Development of all or any part of the Project and whether enacted by initiative or another method, affecting subdivision maps, building permits, occupancy certificates, or other entitlement to use, shall apply to the Project to the extent such moratorium or other similar limitation restricts Developer's vested rights in this Agreement or otherwise conflicts with the express provisions of this Agreement. 3.4 Reservations of Authority. Notwithstanding any other provision set forth in this Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this Section 3.4 shall apply to and govern the Development of the Project on and with respect to the Property. 3.4.1 Procedural Regulations. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall apply to the Property, provided that such procedural regulations are adopted and applied City-wide or to all other properties similarly situated in City. 3.4.2 Processing and Permit Fees. City shall have the right to charge and Developer shall be required to pay (a) all applicable processing and permit fees to cover the reasonable cost to City of (i) processing and reviewing applications and plans for any Applicable Approvals, Subsequent Development Approvals, building permits, excavation and grading permits, encroachment permits, plan checking, site review and approval, administrative review, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting Project applications, plans and specifications, (ii) inspecting the work constructed or installed by or on behalf of Developer, and (iii) monitoring compliance with any requirements applicable to Development of the Project, in each case at the rates in effect at the time fees are due and (b) all costs incurred by the City performance of necessary studies and reports in connection with the foregoing and its obligations under this Agreement (collectively, the "City Processing Fees"). 3.4.3 Consistent Future City Regulations. City ordinances, resolutions, regulations, and official policies governing Development which do not conflict with the Development Regulations, or with respect to such regulations that do conflict, where Developer has consented in writing to the regulations, shall apply to the Property. 3.4.4 Overriding Federal and State Laws and Regulations. Federal and state laws and regulations that override Developer's vested rights set forth in this Agreement shall apply to the Property, together with any City ordinances, resolutions, regulations, and official policies that are necessary to enable City to comply with the provisions of any such overriding federal or state laws and regulations, provided that (i) Developer does not waive its right to challenge or contest the validity of any such purportedly overriding federal, state, or City law or regulation; and (ii) upon the discovery of any such overriding federal, state, or City law or regulation that prevents or precludes compliance with any provision of this Agreement, City or Developer shall provide to the other Party a written notice identifying the federal, state, or City law or regulation, together with a 10 1786314.1 087873\16998268v10 copy of the law or regulation and a brief written statement of the conflict(s) between that law or regulation and the provisions of this Agreement. Promptly thereafter City and Developer shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such overriding federal, state, or City law or regulation. In such negotiations, City and Developer agree to preserve the terms of this Agreement and the rights of Developer as derived from this Agreement to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Developer at no cost to City in resolving the conflict in a manner which minimizes any financial impact of the conflict upon Developer. City also agrees to process in a prompt manner Developer's proposed changes to the Project and any of the Development Regulations as may be necessary to comply with such overriding federal, state, or City law or regulation; provided, however, that the approval of such changes by City shall be subject to the sole discretion of City, consistent with this Agreement. 3.4.5 Public Health and Safety. Any City ordinance, resolution, rule, regulation, program, or official policy that is necessary to protect persons on the Property or in the immediate vicinity from conditions dangerous to their health or safety, as reasonably determined by City, shall apply to the Property, even though the application of the ordinance, resolution, rule regulation, program, or official policy would result in the impairment of Developer's vested rights under this Agreement. 3.4.6 Uniform Building Standards. Existing and future building and building- related standards set forth in the uniform codes adopted by City and any local amendments to those codes adopted by the City, including without limitation building, plumbing, mechanical, electrical, housing, swimming pool, and fire codes, and any modifications and amendments thereof shall all apply to the Project and the Property to the same extent that the same would apply in the absence of this Agreement. 3.4.7 Public Works Improvements. To the extent Developer constructs or installs any public improvements, works, or facilities, the City standards in effect for such public improvements, works, or facilities at the time of City's issuance of a permit, license, or other authorization for construction or installation of same shall apply. 3.4.8 No Guarantee or Reservation of Utility Capacity. Notwithstanding any other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended or shall be interpreted to require City to guarantee or reserve to or for the benefit of Developer or the Property any utility capacity, service, or facilities that may be needed to serve the Project, whether domestic or reclaimed water service, sanitary sewer transmission or wastewater treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to limit or restrict Development of the Project if and to the extent that City reasonably determines that inadequate utility capacity exists to adequately serve the Project at the time Development is scheduled to commence. Notwithstanding the foregoing, City covenants to provide utility services to the Project on a non-discriminatory basis (i.e., on the same terms and conditions that City undertakes to provide such services to other similarly situated new developments in the City as and when service connections are provided and service commences). 3.5 Applicable Approvals. 3.5.1 Subdivision Map. Pursuant to Government Code Section 66452.6 and any other applicable provisions of the Government Code, the term of the VTTM and any other subdivision or parcel map that is approved for all or any portion of the Property shall be extended 11 1786314.1 087873\16998268v10 to a date coincident with the Term and, where not prohibited by State law, with any extension of the Term, unless a longer term would result under otherwise applicable State or local law. 3.5.2 Life of Other Applicable Approvals. The term of all other Applicable Approvals shall be automatically extended such that these Applicable Approvals remain in effect for a period of time at least as long as the term of this Agreement. 3.5.3 State Density Bonus Law. Nothing in this Agreement limits Developer's ability to request State Density Bonus Law benefits, including concessions, incentives, and waivers, to the fullest extent allowed by State Density Bonus Law. 3.6 City Acceptance of Developer Improvements and Obligations To the extent any of Developer's performance obligations under this Agreement require acceptance or acknowledgment from the City upon completion by Developer, City shall provide written notice of such acceptance or acknowledgement to Developer as evidence of Developer's satisfaction of said obligation, City's acceptance not to be unreasonably withheld consistent with the terms of this Agreement. Written notice may take the form of a letter, permit, certificate of completion, certificate of occupancy, or any other form. 4. Public Benefits. 4.1 Provision of Public Benefits. Developer shall provide the following public benefits which shall constitute additional consideration for this Agreement for the benefit of the City ("Public Benefits"): 4.1.1 Public Amenity Space. Consistent with DCCSP Section 6.6(B)(4), the Project includes a 1,392 square foot public amenity space that is easily accessible to the public and includes a decorative wall, seating, landscaping, and lighting, as more specifically identified on Exhibit B and Exhibit D, or such alternative amenities as may be approved by the Director of Community Development and the Director of Parks & Recreation (the "Public Amenity Space'). Therefore, Developer shall construct, in conjunction with and as a part of development of the Initial Phase of Project, as outlined in the Phasing Plan (Exhibit C), the privately owned, publicly accessible Public Amenity Space. Developer shall maintain, or, following formation thereof, shall cause the homeowners' association ("HOA") to maintain, the Public Amenity Space at the sole cost of the Developer or HOA, as applicable, and such obligation shall be set forth in the CC&Rs for the Project. Prior and as a condition to recording of the final map, the City shall have the right to review and approve the CC&Rs in order to, among other things, confirm the aforesaid maintenance obligations are set forth therein. 4.1.2 Park Fee Credit. Developer shall dedicate an easement, either on the VTTM or by separate instrument, providing public access to the Public Amenity Space during typical City park hours. Upon dedication of the easement and completion of the Public Amenity Space, Developer shall receive a credit ("Park Fee Credit") against fees owed to provide parkland, as required by the DCCSP and Tustin City Code section 9331 on a per square foot basis for the actual square footage of land comprising the Public Amenity Space and value of the improvements thereon on the date that the Park Fee Credit is provided. 4.1.3 Affordable for Sale Units. In addition to paying the Affordable In Lieu Fee described in Section 4.1.5 below, Developer shall provide two units (equal to five percent of base 12 1786314.1 087873\16998268v10 units in the Project) for initial sale to very low-income households (the "Affordable Units"). These units shall be provided consistent with Article 9, Chapter 1 of the Tustin City Code, beginning with Section 9111 and be subject to equity sharing requirements in accordance with Government Code Section 65915 and as further specified in an Affordable Housing Covenant and Equity Sharing Agreement recorded against the Affordable Units. 4.1.4 Affordable In Lieu Fee. Developer shall pay to the City a voluntary workforce housing incentive program in-lieu fee in the amount calculated pursuant to Tustin City Code Section B9923b1 by"... Multiplying the voluntary workforce housing incentive program in-lieu fee by one-half (%2) the number of base units provided on-site..." [(Per Program In-Lieu Fee) x (Base Units Provided On-site/ 2)]. (the "Affordable In Lieu Fee") The Affordable In Lieu Fee for each residential unit shall be paid upon the certificate of occupancy for that unit. The program in-lieu fee amount used to calculate the Affordable In Lieu Fee for the Project shall be $14,478 per unit. 5. Annual Review of Developer's Compliance With Agreement. 5.1 General. City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government Code Section 65865.1 and Tustin City Code Section 9617. Developer (including any successor to the owner executing this Agreement on or before the date the Effective Date) shall pay City the published hourly fee for planning staff and City Attorney review in effect at the time of the review, which is deemed sufficient to cover the actual and necessary costs for the annual review. City's failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City. A failure to timely request an annual review shall not constitute a breach of this Agreement or a Default by Developer. 5.2 Developer Obligation to Demonstrate Good Faith Compliance. During each annual review by City, Developer is required to demonstrate good faith compliance with the material terms of the Agreement. Upon City request, which shall be issued no later than thirty (30) days prior to the anniversary of the Effective Date during the Term, Developer agrees to furnish such evidence of good faith compliance in a written report. The report may be the same report prepared to show compliance with the conditions of the Project Approvals, provided, however, that the annual review process hereunder shall review compliance by Developer with its obligations under this Agreement only and shall not review compliance with Project-related issues not covered by this Agreement. 5.3 Procedure. The City shall conduct its annual review of the Agreement in accordance with Tustin City Code Section 9617, as in effect on the Approval Date. 5.4 Annual Review a Non-Exclusive Means for Determining and Requiring Cure of Developer's Default. The annual review procedures set forth in this Article 5 shall not be the exclusive means for City to identify a Default by Developer or limit City's rights or remedies for any such Default. The annual review procedures set forth in Tustin City Code Section 9617 (as of the Approval Date) and this Article 5 shall supplement and shall not replace that provision of Article 6 of this 13 1786314.1 087873\16998268v10 Agreement whereby either City or Developer may, at any time, assert matters which either Party believes have not been undertaken in accordance with this Agreement by delivering a written Notice of Breach and following the procedures set forth in Section 5.1. 6. Events of Default. 6.1 General Provisions. In the event of any default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall have the right to deliver a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (ten (10) days if the Default relates to the failure to timely make a monetary payment due hereunder and thirty (30) days in the event of non-monetary Defaults) in which the Default must be cured (the "Cure Period"). Developer or City, as applicable, shall have the ability to contest the validity of the alleged Default for a period of five (5) days after Developer or City receives the written Notice of Default. The Parties shall meet and confer in good faith for fifteen (15) days to attempt to resolve the validity of the Notice of Default. If the Parties are unable to resolve the validity of the Notice of Default after this meet and confer, the Cure Period timeframes specified in this Section 6.1 shall apply. During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist. If however, a non-monetary Default cannot be cured within such thirty (30) day period, as long as the defaulting Party does each of the following: i. notifies 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; ii. notifies the non-defaulting Party in writing of the defaulting Party's proposed course of action to cure the Default; iii. promptly commences to cure the Default within the thirty (30) day period; iv. makes periodic written reports to the non-defaulting Party as to the progress of the program of cure; and V. 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. 6.2 City's Remedies. In the event of a Default by Developer under this Agreement that is not cured during the Cure Period, City, at its option, may institute legal action to cure, correct or remedy such Default, enjoining any threatened or attempted violation, enforce the terms of this Agreement by specific performance, or pursue any other legal or equitable remedy. However, except as provided in Section 6.6 below with respect to recovery of legal expenses, City agrees and covenants on behalf of itself and its successors and assigns, not to sue Developer for damages or monetary relief for any breach of this Agreement or arising out of or connected with any dispute, controversy or issue 14 1786314.1 087873\16998268v10 regarding the application or effect of this Agreement, or for general, special, compensatory, expectation, anticipation, indirect, consequential, exemplary or punitive damages ("Damages") arising out of or connected with any dispute, controversy, or issues regarding the application or effect of this Agreement, the Applicable Approvals, the Development Plan, the Development Regulations, or any permits or entitlements sought in connection development or use of the Property or Project, or any portion thereof. City acknowledges that Developer would not have entered into this Agreement if Developer could be held liable for Damages for any default or breach arising out of this Agreement and that City has adequate remedies other than Damages and that this Section shall apply to any successor, assignee, or transferee of the Developer. Furthermore, City, in addition to or as an alternative to exercising the remedies in this Section 6.2, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to Tustin City Code Section 9618, in which event the matter shall be scheduled for consideration and review by the City Council. 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). 6.3 Developer's Remedies. In the event that City is in material default under this Agreement, Developer 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 6.6 below with respect to recovery of legal expenses, Developer agrees and covenants on behalf of itself and it successors and assigns, not to sue City for Damages arising out of or connected with any dispute, controversy, or issues regarding the application or effect of this Agreement, the Applicable Approvals, the Development Plan, the Development Regulations, or any permits or entitlements sought in connection with development or use of the Property or Project, or any portion thereof, except as may be authorized under the Housing Accountability Act (Government Code section 65589.5). Developer acknowledges that City would not have entered into this Agreement if City could be held liable for Damages for any default or breach arising out of this Agreement and that Developer has adequate remedies other than Damages, to secure City's compliance with its obligations under this Agreement. Therefore, Developer agrees that City, its officers, employees and agents shall not be liable for any Damages and that this Section shall apply to any successor, assignee or transferee of the Developer. 6.4 Waiver. Failure or delay by either Party in delivering a Notice of Default shall not waive that Party's right to deliver a future Notice of Default of the same or any other Default. 6.5 No Personal Liability of City Officials, Employees, or Agents. No City official, employee, or agent shall have any personal liability hereunder for a Default by City of any of its obligations set forth in this Agreement. 6.6 Recovery of Legal Expenses by Prevailing Party in Any Action. In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall recover all of its actual and reasonable costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure Section 1033.5 or 15 1786314.1 087873\16998268v10 California Civil Code Section 1717 in the absence of this Agreement. These costs and expenses include court costs, expert witness fees, attorneys' fees, and costs of investigation and preparation before initiation of the Action. The right to recover these costs and expenses shall accrue upon initiation of the Action, regardless of whether the Action is prosecuted to a final judgment or decision. 7. Force Maieure. Neither Party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, rain events exceeding ten (10) days, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes or other labor difficulties, state or federal regulations, pandemics, or court actions. Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. Performance by any Party of its obligations hereunder shall be excused and the required date for performance thereof shall be extended day for day during any period of "Permitted Delay" as hereinafter defined. For purposes hereof, Permitted Delay shall mean delay beyond the reasonable control and without the fault of the Party claiming the delay(and despite the good faith efforts of such Party). Any Party claiming a Permitted Delay shall notify the other Party(or Parties) in writing of such delay within 30 days after the commencement of the delay, which notice shall specify the nature and estimated length of the Permitted Delay ("Permitted Delay Notice"). An extension of time hereunder for any Permitted Delay shall be for the period of the Permitted Delay and shall be deemed granted if the Party receiving the permitted Delay Notice does not object to such extension in writing, as not complying with the provisions of this Section, within 15 days after receiving the Permitted Delay Notice. Upon such an objection, the Parties shall meet and confer within 30 days after the date of the objection in a good faith effort to resolve their disagreement as to the existence and length of the Permitted Delay. 8. Cooperation in the Event of Legal Challenge 8.1 Indemnity Arising From Acts or Omissions of Developer. Except to the extent caused by the intentional misconduct or actively negligent acts, errors or omissions of City or one or more of City's officials, employees, agents, attorneys and contractors (collectively, the "City's Affiliated Parties"), Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including but not limited to attorneys' fees, expert witness fees and court costs) (collectively, a "Claim") that may arise, directly from the acts, omissions, or operations of Developer or Developer's officers, agents, contractors, subcontractors, agents, or employees in the course of Development of the Project or any other activities of Developer relating to the Property or pursuant to this Agreement. City shall have the right to select and retain counsel to defend any Claim filed against City and/or any of City's Affiliated Parties, and Developer shall pay the reasonable cost for defense of any Claim. The indemnity provisions in this Section 8.1 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive the Termination Date. 8.2 Third Party Litigation. 8.2.1 Cooperation in Defense. In the event of any administrative, legal or equitable action instituted by a third party challenging the validity of any provision of this Agreement, the procedures leading to its adoption, or the Applicable Approvals for the Project, 16 1786314.1 087873\16998268v10 Developer and City each shall have the right, in its sole discretion, to elect whether or not to defend such action, to select its own counsel and to control its participation and conduct in the litigation in all respects permitted by law. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement to share and protect information, under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. If Developer elects not to defend any such third-party action, City retains the option to undertake such defense, including selecting and employing independent defense counsel at its own expense, without any Developer obligation to indemnity or defend City. If the Parties both determine to defend the action and enter into a joint defense and confidentiality agreement, Developer agrees to pay for defense counsel for City; provided, however, Developer shall jointly participate in the selection of such counsel. The City shall not settle any third-party litigation of Applicable Approvals without Developer's consent, which consent shall not be unreasonably withheld, conditioned or delayed. 8.2.2 Actions Furthering the Project During Litigation. The filing of any third-party lawsuit(s) against City or Developer relating to this Agreement, the Applicable Approvals or other development issues affecting the Property shall not delay or stop the development, processing or construction of the Project or approval of any Subsequent Approvals, unless the third party obtains a court order preventing the activity. City shall not stipulate to or cooperate in the issuance of any such order. Developer understands the risk of proceeding with development during third- party litigation and will not seek reimbursement from the City of Processing Fees or other amounts expended on development during third-party litigation regardless of the outcome of that litigation. 8.2.3 Revision to Project After Legal Action. In the event of a court order issued as a result of a successful legal challenge, City shall, to the extent permitted by law or court order, in good faith seek to comply with the court order in such a manner as will maintain the integrity of the Applicable Approvals and avoid or minimize to the greatest extent possible (i) any impact to the development of the Project as provided for in, and contemplated by this Agreement, or(ii) any conflict with the this Agreement or frustration of the intent or purpose of this Agreement. 8.2.4 Defense of Agreement. City shall take all actions that are necessary or advisable to uphold the validity and enforceability of this Agreement. If this Agreement is adjudicated or determined to be invalid or unenforceable, City agrees, subject to all legal requirements, to consider modifications to this Agreement to render it valid and enforceable to the extent permitted by applicable law 8.2.5 Indemnification. In addition to its indemnity obligations set forth in Section 8.1, Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any third-party Claim against City or City's Affiliated Parties seeking to attack, set aside, void, or annul the approval of the Project, this Agreement, the Adopting Ordinance, any of the Development Regulations for the Project (including without limitation any actions taken pursuant to CEQA with respect thereto), any Subsequent Development Approval, or the approval of any permit or entitlement granted pursuant to this Agreement. Said indemnity obligation shall include, without limitation, payment of attorney's fees, expert witness fees, and court costs. City shall promptly notify Developer of any such Claim and City shall cooperate with Developer in the defense of such Claim. City shall be entitled to retain separate counsel to represent City against the Claim and the City's defense costs for its separate counsel shall be included in Developer's indemnity obligation, provided that such counsel shall reasonably 17 1786314.1 087873\16998268v10 cooperate with Developer in an effort to minimize the total litigation expenses incurred by Developer, as more specifically stated in Section 8.2.1. The indemnity provisions in this Section shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive expiration of the Term or earlier termination of this Agreement. This Section 8.2.5 is intended to be interpreted consistent with Government Code section 66474.9. 8.3 Environmental Indemnity. In addition to its indemnity obligations set forth in Section 8.1, from and after the date on which the Adopting Ordinance is approved by the City Council, Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any and all Claims for personal injury or death, property damage, economic loss, statutory penalties or fines, and damages of any kind or nature whatsoever, including without limitation attorney's fees, expert witness fees, and court costs, based upon or arising from any of the following: (i) the actual or alleged presence of any Hazardous Substance on or under any of the Property in violation of any applicable Environmental Law; (ii) the actual or alleged migration of any Hazardous Substance from the Property through the soils or groundwater to a location or locations off of the Property; and (iii) the storage, handling, transport, or disposal of any Hazardous Substance on, to, or from the Property and any other area disturbed, graded, or developed by Developer in connection with Developer's Development of the Project. The indemnity provisions in this Section 8.3 shall be effective on the date on which the Adopting Ordinance is approved by the City Council or Developer acquires the Property, whichever is later, and shall survive the Termination Date. For purposes of this Section 8.3, "Hazardous Substance" means any Hazardous Substance as defined in Section 1, above, that is or was used, stored, placed on the Property by Developer, or exposed or exacerbated by Developer in conjunction with Project development. 8.4 Labor Laws. Developer shall carry out the construction of the Project, including all improvements, in conformity with all Development Regulations including all applicable federal and state labor laws and regulations and shall investigate the applicability of and, if and to the extent applicable, pay prevailing wages meeting the requirements of such laws and regulations; provided that Developer reserves the right to reasonably contest such laws and regulations. Developer hereby agrees that, with respect to the Project, Developer shall be fully responsible for determining whether the foregoing wage requirements are applicable and agrees to indemnify, defend and hold the City and its elected and appointed officials, employees, agents, attorneys, affiliates, representatives, contractors, successors and assigns free and harmless from and against any and all Claims arising from or related to compliance by Developer or Developer's officers, directors, employees, agents, representatives, consultants and/or contractors (at every tier) in construction of the Project with the prevailing wage requirements imposed by any applicable federal and State labor laws. 9. Assignment. 9.1 Right to Transfers. Developer shall have the right, upon approval of City, which approval shall not be unreasonably withheld, to sell, transfer or assign (hereinafter, a "Transfer" or "Transfers") Developer's interest in this Agreement and the Property, in whole or in part, to a third party acquiring an interest or estate in the Property or any portion thereof(such successor, a"Permitted 18 1786314.1 087873\16998268v10 Transferee") and such successor, as of the effective date of the Transfer, shall become the "Developer" under this Agreement; provided, however, that no such Transfer shall violate the provisions of the Subdivision Map Act (Government Code section 66410 et seq.) or City's local subdivision ordinance and each Transfer shall be made in strict compliance with the conditions precedent set forth in Sections 9.3 and 9.4. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Developer under this Agreement with respect to the portion of, or interest in, the Property sold, transferred, and assigned to such Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the Property, or interest in the Property, no such Permitted Transferee shall have the right to enter into an amendment of this Agreement that jeopardizes or impairs the rights or increases the obligations of the Developer with respect to the balance of the Property. The requirement for City consent of a Transfer relates to a Transfer to one or more entities that will undertake some or all of the Project development or construction and does not extend to a Transfer to Project end users, including future residents, tenants, or a homeowners' association. 9.2 Transfers Permitted Without City Consent. Notwithstanding Section 9.1, the following Transfers shall not require City consent: (i) the conveyance, dedication, or granting of easements to an agency, municipality, or utility district, such as utility or public access easements, necessary for Project development; (ii) transactions for financing purposes, including as needed to secure funds necessary for Project construction, and (iii) transactions with a "Developer Affiliate,"which is an entity or person that is directly or indirectly controlling, controlled by, or under common control with Developer. In the event of a Transfer to a Developer Affiliate, Developer shall provide notice to the City in the form of the Assignment and Assumption Agreement, as defined in Section 9.5, within ten (10) days after the Transfer. 9.3 City Consideration of Requested Assignment. When consent of a transfer is required, the City agrees that it will not unreasonably withhold, condition, or delay approval of a request for approval of a Transfer made pursuant to this Article 9 that requires City approval, provided the Developer delivers written notice to the City requesting such approval, consistent with Section 9.4. Such notice shall be accompanied by evidence regarding the proposed assignee's development and/or operational qualifications and experience and its financial commitments and resources in sufficient detail to enable the City to evaluate the proposed assignee pursuant to the criteria set forth in this Article 9. The City may, in considering any such request, take into consideration such factors as, without limitation, the assignee's experience and expertise, the assignee's past performance as developer or operator of similar developments, and the assignee's current financial condition and capabilities. 9.4 City Approval of Transferee. Prior to the effective date of any proposed Transfer requiring City consent, Developer (as transferor) shall: i. Notify the City, in writing, of such proposed Transfer, consistent with Section 9.3; and ii. Deliver to the City an Assignment and Assumption Agreement, as defined in Section 9.5. 19 1786314.1 087873\16998268v10 Within five (5) days after the receipt of Developer's written notice requesting City approval of a Transfer, the City shall either approve or disapprove the proposed Transfer or shall respond in writing by stating what further information, if any, the City reasonably requires to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, Developer shall promptly provide to the City the requested information. Within five (5) days after the receipt of such information, the City shall approve or disapprove the requested Assignment. If no response is received from the City with the requisite time period set for in this Section 9.4, the Transfer is deemed approved. 9.5 Assignment and Assumption Agreement. Prior to any Assignment (whether or not an Assignment requiring the City's consent), Developer shall give written notice to City of the Assignment and satisfactory evidence that the assignee has assumed in writing through an assignment and assumption agreement all of the Developer's obligations set forth in this Agreement (an "Assignment and Assumption Agreement"). The Assignment and Assumption Agreement shall be in the form attached hereto as Exhibit E. 9.6 Liability of Transferor and Transferee. Notwithstanding any Transfer, the transferring Developer shall continue to be jointly and severally liable to City, together with the successor Developer, to perform all of the transferred obligations set forth in or arising under this Agreement unless there is full satisfaction of all of the following conditions, in which event the transferring Developer shall be automatically released from any and all obligations with respect to the portion of the Property so Transferred: (i) the transferring Developer no longer has a legal or equitable interest in the portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring Developer is not then in Default under this Agreement and no condition exists that with the passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii) the transferring Developer has provided City with the Assignment and Assumption Agreement; and (iv) the successor Developer either (A) provides City with substitute security equivalent to any security previously provided by the transferring Developer to City to secure performance of the successor Developer's obligations hereunder with respect to the Property, or interest in the Property, or the portion of the Property so Transferred or (B) if the transferred obligation in question is not a secured obligation, the successor Developer either provides security reasonably satisfactory to City or otherwise demonstrates to City's reasonable satisfaction that the successor Developer has the financial resources or commitments available to perform the transferred obligation at the time and in the manner required under this Agreement and the Development Regulations for the Project. In the case of partial Transfers, a default under this Agreement by Developer (as Transferor) shall not be considered or acted upon by the City as a default by the Permitted Transferee and shall not affect the Permitted Transferee's rights or obligations hereunder. Likewise, a default by a Permitted Transferee shall not be considered or acted upon by the City as a default by Developer (as Transferor) and shall not affect Developer's retained rights and obligations hereunder. Notwithstanding the foregoing, if a breach of this Agreement involves an obligation jointly held by both Developer and a Permitted Transferee, the City may avail itself of the remedies specified in Sections 6.1 and 6.2 against both the Developer and Permitted Transferee. 10. Mortgagee Rights. 10.1 Encumbrances on Property. The Parties agree that this Agreement shall not prevent or limit Developer in any manner from encumbering the Property, any part of the Property, or any improvements on the Property 20 1786314.1 087873\16998268v10 with any Mortgage securing financing with respect to the construction, development, use, or operation of the Project. Notwithstanding section 11.4, the City shall provide to any mortgagee an estoppel certificate in form and content reasonably acceptable to the City within ten (10) days of written request therefor. 10.2 Mortgagee Protection. This Agreement shall not prevent or limit Developer in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property ("Mortgage"). No breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or any part of the Property shall be entitled to the benefits arising under this Agreement. 10.3 Mortgagee Not Obligated. Notwithstanding the provisions of this Section 10.3, a Mortgagee will not have any obligation or duty under the terms of this Agreement to perform the obligations of Developer or other affirmative covenants of Developer, or to guarantee this performance except that: (i) the Mortgagee shall have no right to develop the Project under the Development Regulations without fully complying with the terms of this Agreement; and (ii) to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, that performance shall continue to be a condition precedent to City's performance. 10.4 Notice of Default to Mortgagee: Right of Mortgagee to Cure. Each Mortgagee shall, upon written request to City, be entitled to receive written notice from City of: (i) the results of the periodic review of compliance specified in Article 6 of this Agreement, and (ii) any default by Developer of its obligations set forth in this Agreement. Each Mortgagee shall have a further right, but not an obligation, to cure the Default within thirty (30) days after receiving a Notice of Default with respect to a monetary Default and within sixty (60) days after receiving a Notice of Default with respect to a non-monetary Default. If the Mortgagee can only remedy or cure a non-monetary Default by obtaining possession of the Property, then the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure the non-monetary Default within sixty (60) days after obtaining possession and, except in case of emergency or to protect the public health or safety, City may not exercise any of its judicial remedies set forth in this Agreement to terminate or substantially alter the rights of the Mortgagee until expiration of the sixty (60)-day period. In the case of a non-monetary Default that cannot with diligence be remedied or cured within sixty (60) days, the Mortgagee shall have additional time as is reasonably necessary to remedy or cure the Default, provided the Mortgagee promptly commences to cure the non-monetary Default within sixty (60) days and diligently prosecutes the cure to completion. 21 1786314.1 087873\16998268v10 11. Miscellaneous Terms. 11.1 Notices. Any notice or demand that shall be required or permitted by law or any provision of this Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited in the United States mail, certified, return receipt requested, and postage prepaid; delivered by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid; or provided by electronic mail ("Email"). Any notice delivered by Email shall request a receipt thereof confirmed by Email or in writing by the recipient. The notice or demand shall be addressed as follows: TO CITY: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Manager Email: cityclerk@tustinca.org With a copy to: Woodruff&Smart 555 Anton Boulevard, Ste 1200 Costa Mesa, CA 92626 Attn: David E. Kendig, Esq. Email: cityclerk@tustinca.org TO DEVELOPER: City Ventures Homebuilding, LLC 3121 Michelson Drive#150 Irvine, CA 92612 Attn: Karen Alves Email: kalves@cityventures.com With a copy to: Cox, Castle and Nicholson, LLP 50 California Street, Suite 3200 San Francisco, CA 94111 Attn: Linda C. Klein, Esq. Email: Iklein@coxcastle.com Parties may change the address stated in this Section 11.1 by delivering notice to the other Party in the manner provided in this Section 11.1, and thereafter notices to such Party shall be addressed and submitted to the new address. Notices other than Email notices delivered in accordance with this Agreement shall be deemed to be delivered upon the earlier of: (i) the date received or (iii) three business days after deposit in the mail as provided above. The effective date of Email notices shall be the date of receipt, provided such receipt has been confirmed by the recipient. 11.2 Project as Private Undertaking. The Development of the Project is a private undertaking. Neither Party is acting as the agent of the other in any respect, and each Party is an independent contracting entity with respect to the terms, covenants, and conditions set forth in this Agreement. This Agreement forms no partnership, joint venture, or other association of any kind. The only relationship between the 22 1786314.1 087873\16998268v10 Parties is that of a government entity regulating the Development of private property by the owner or developer of the property. 11.3 Cooperation. Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record the required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.4 Estoppel Certificates. At any time, either Party may deliver written notice to the other Party requesting that that Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and effect and is binding on the Party; (ii) this Agreement has not been amended or modified either orally or in writing or, if this Agreement has been amended, the Party providing the certification shall identify the amendments or modifications; and (iii) the requesting Party is not in Default in the performance of its obligations under this Agreement and no event or situation has occurred that with the passage of time or the giving of Notice or both would constitute a Default or, if such is not the case, then the other Party shall describe the nature and amount of the actual or prospective Default. The Party requested to furnish an estoppel certificate shall execute and return the certificate within thirty (30) days following receipt. 11.5 Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; and "may" is permissive. 11.6 Time Is of the Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 11.7 Waiver. The failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party in the future. 11.8 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one and the same agreement. 23 1786314.1 087873\16998268v10 11.9 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed in this Agreement. 11.10 Severability. The Parties intend that each and every obligation of the Parties is interdependent and interrelated with the other, and if any provision of this Agreement or the application of the provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is the intention of the Parties that the remainder of this Agreement or the application of the provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties intend that neither Party shall receive any of the benefits of the Agreement without the full performance by such Party of all of its obligations provided for under this Agreement. Without limiting the generality of the foregoing, the Parties intend that Developer shall not receive any of the benefits of this Agreement if any of Developer's obligations are rendered void or unenforceable as the result of any third party litigation, and City shall be free to exercise its legislative discretion to amend or repeal the Development Regulations applicable to the Property and Developer shall cooperate as required, despite this Agreement, should third party litigation result in the nonperformance of Developer's obligations under this Agreement. The provisions of this Section 11.10 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive the Termination Date. 11.11 Construction. This Agreement has been drafted after extensive negotiation and revision. Both City and Developer are sophisticated parties who were represented by independent counsel throughout the negotiations or City and Developer had the opportunity to be so represented and voluntarily chose to not be so represented. City and Developer each agree and acknowledge that the terms of this Agreement are fair and reasonable, taking into account their respective purposes, terms, and conditions. This Agreement shall therefore be construed as a whole consistent with its fair meaning, and no principle or presumption of contract construction or interpretation shall be used to construe the whole or any part of this Agreement in favor of or against either Party. 11.12 Successors and Assigns; Constructive Notice and Acceptance. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii) runs with the Property and each portion thereof; and (iii) is binding upon each Party and each successor in interest during its ownership of the Property or any portion thereof. Every person or entity who now or later owns or acquires any right, title, or interest in any part of the Project or the Property is and shall be conclusively deemed to have consented and agreed to every provision of this Agreement. This Section 11.12 applies regardless of whether the instrument by which such person or entity acquires the interest refers to or acknowledges this Agreement and regardless of whether such person or entity has expressly entered into an assignment and assumption agreement as provided for in Article 9 or is a Permitted Transferee under this Agreement. 24 1786314.1 087873\16998268v10 11.13 No Third Party Beneficiaries. The only Parties to this Agreement are City and Developer. This Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity. 11.14 Applicable Law and Venue. This Agreement shall be construed and enforced consistent with the internal laws of the State of California, without regard to conflicts of law principles. Any action at law or in equity arising under this Agreement or brought by any Party 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, or the United States District Court for the Central District of California. The Parties waive all provisions of law providing for the removal or change of venue to any other court. 11.15 Section Headings. All Section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement. 11.16 Incorporation of Recitals and Exhibits. All of the Recitals are incorporated into this Agreement by this reference. Exhibits A through E are attached to this Agreement and incorporated by this reference as follows: EXHIBIT DESCRIPTION DESIGNATION A Legal Description of Property B Site Plan C Phasing Plan D Public Amenity Conceptual Plan E Assignment and Assumption Agreement 11.17 Recordation. The City Clerk of City shall record this Agreement and any amendment, modification, or cancellation of this Agreement in the Office of the County Recorder of the County of Orange within the period required by California Government Code Section 65868.5. The date of recordation of this Agreement shall not modify or amend the Approval Date, Effective Date, or Termination Date. 25 1786314.1 087873\16998268v10 11.18 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. [Signature page follows] 26 1786314.1 087873\16998268v10 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT "DEVELOPER" CITY VENTURES HOMEBUILDING, LLC, a California limited liability company By: [INSERT] "CITY" CITY OF TUSTIN By: Matthew S. West, City Manager ATTEST: Erica Yasuda, City Clerk APPROVED AS TO FORM: David E. Kendig, City Attorney 27 1786314.1 087873\16998268v10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 28 1786314.1 087873\16998268v10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TUSTIN IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCELS 1 THROUGH 3 INCLUSIVE AS SHOWN ON PAGES 2 OF 5 AND 3 OF 5 OF EXHIBIT B ATTACHED TO THAT CERTAIN APPLICATION FOR LOT LINE ADJUSTMENT NO. 93-3 RECORDED MAY 24, 1993 AS INSTRUMENT NO. 1993-0346491 AND RE-RECORDED OCTOBER 26, 1993 AS INSTRUMENT NO. 1993-0728694 OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THOSE PORTIONS INCLUDED WITHIN PARCELS 72842-1 AND 72842-3 AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 588620 RECORDED JANUARY 14, 1994 AS INSTRUMENT NO. 1994-0032787 OFFICIAL RECORDS. APN: 432-074-07, 432-074-08, 432-074-09 #166356 v4 9184.2 A-1 099833416998268v10 EXHIBIT B SITE PLAN LEGEND P., LL �R�1-HIT TRY R �H Er�AA L R�Heeo* Public Amenity Space h ,� e '� (see exhibit D for Conceptual Plan) i 9 �O r A AoSaErri f AL D r PRESCHOOL � sPAce SCHOOL #166356v4 9184.2 B-I 1786314.1 EXHIBIT C PHASING PLAN 14042 Newport Avenue, Tustin, CA LEGEND Phasing Plan L�;. f A N RETAIL e X-Location of affordable units. Location subject to change with written permission from the Planning V Director. JACK IIF THE-BOX o i4i \ B&q tiO ESIDE TI PH 1 PH 5 A A BLS � � PRESCHOOL 1 � \ � v .•,tip �, ",, 'PH 3- •T 1 SPACt_ / t �; TUSTIN Q. HIGH -\ sceooL \ KINGS CAR WASH #166356v4 9184.2 C-1 1786314.1 EXHIBIT D PUBLIC AMENITY CONCEPTUAL PLAN LEGEND 0 Monumentation Wall with Project Logo © Concrete 1 enche1 0 © Spec—Tree Accent Plaza Paving ©Street6ees 0 Fum ture p F[ 0 p t 0 — CR F-7 _ r eL ceN i sre i 0 > I KEYMAP -- r Is- W 1 a e t ' + EL CAM 0 REAL �9r N 0 0 y NEW PORT AND EL CANION REAL - PUBLIC AMENITY AREA ENLARGEMENT O ire.. I a G2 Collaborative City ventures Tus n 09.08.28 L-3 #166356v4 9184.2 D-I 1786314.1 EXHIBIT E ASSIGNMENT AND ASSUMPTION AGREEMENT 087873t669%3989164.2 E-1 1786314.1 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: CITY OF TUSTIN 300 Centennial Way Tustin, CA 92780 Attn: City Attorney (Space Above This Line For Recorder's Use) [PARTIAL] ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT This [PARTIAL] ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT ("rPartiall Assignment") is entered into as of , 20_ (the "Effective Date"), by and between ("Assignor"), and ("Assignee"). RECITALS A. CITY VENTURES HOMEBUILDING, LLC, a California limited liability company (collectively "Original Developer" or "Assignor"), and the City of Tustin, a municipal corporation ("City") entered into that certain "Development Agreement", dated , and recorded on , as Document No. of Official Records, Riverside County (the "Development Agreement" or the "DA"), pursuant to which Original Developer agreed to develop certain property more particularly described in the Development Agreement subject to certain conditions and obligations set forth in the Development Agreement. B. Assignor is [the owner of or Original Developer's successor-in-interest to] the property more particularly described on Exhibit A attached hereto(the"Assignor Land"), which is [all or a portion] of the property subject to the Development Agreement] C. Assignee is purchasing [all or a portion] of the Assignor Land, as more particularly described on Exhibit B attached here to (the"Property'), from Assignor, in accordance with the terms of that certain [Purchase and Sale Agreement Description] (the "Purchase Agreement"). D. Pursuant to the terms of the Purchase Agreement, Assignor agreed to assign and Assignee agreed to assume certain rights, interests and obligations and other terms and conditions under the Development Agreement, as such right, interests and obligations relate to the Property. E. The purpose of this [Partial] Assignment is to set forth the terms and provisions agreed upon between Assignor and Assignee with respect to the assignment of certain rights and interests and the delegation of certain duties and obligations of Assignor under the 087873t669%3989164.2 E-2 1786314.1 Development Agreement, as such rights, interests, duties and obligations relate to the Property. AGREEMENT NOW, THEREFORE, Assignor and Assignee agree as follows: 1. Assignment. Assignor hereby assigns, conveys and transfers to Assignee all rights and interests of Assignor, as the "Developer", under the Development Agreement to the extent such rights and interests relate to the Property, and Assignee hereby accepts such assignment. [Notwithstanding the foregoing, Assignor shall retain (i) any and all rights under the Development Agreement necessary to perform the Retained Obligations, defined below; and (ii) those specific retained rights set forth on Exhibit C attached hereto (the "Retained Rights").] 2. Assumption of Obligations. [Except with respect to those specific retained burdens and obligations of Assignor set forth on Exhibit C attached hereto (the "Retained Obligations"),] Assignee hereby assumes all of Assignor's duties and obligations under the Development Agreement accruing after the date hereof, to the extent such obligations relate to the Property, regardless of whether the obligations originate in the Development Agreement itself or documents executed in connection therewith as a means to effectuate the intent of those provisions, including, without limitation: (a) any indemnity obligations, to the extent applicable to the Property or to Assignee by reason of its ownership of the Property, (b) any obligation to follow and be bound by all applicable rules, regulations and policies, (c) any obligation to pay any fees, assessments or exactions as may be imposed by the Development Agreement, and (d) any obligations arising under the Development Agreement by reason of a default of Assignee under the Development Agreement (with respect to any obligations assumed by Assignee hereunder). Assignee agrees to provide City commercially reasonable assurances of its performance of its obligations under the Development Agreement. Notwithstanding anything to the contrary in this [Partial] Assignment, Assignee acknowledges that the Development Agreement runs with the land, therefore nothing in this [Partial] Assignment shall be construed to excuse Assignee from general compliance with the Development Agreement's prohibitions, default and cure provisions, and other standard provisions to the extent applicable to the Property. 3. Development Agreement Transfer Provision. Assignor and Assignee understand and agree that this Agreement is required to comply with Section 9.5 of the Development Agreement. 4. Indemnity. Assignee agrees to indemnify, defend and hold harmless Assignor, its affiliated entities and persons, and their respective members, managers, partners, officers, directors, shareholders, employees and agents from any claims, demands, losses, liability, damages, causes of action, costs or expenses (including reasonable attorneys' fees) made against or suffered by Assignor with regard to any failure by Assignee to perform any term or condition of the Development Agreement, to the extent such term or condition relates to the Property, from and after the date hereof, and Assignor shall indemnify, defend and hold harmless Assignee, its affiliated entities and persons, and their respective members, managers, partners, officers, directors, shareholders, employees and agents from any claims, demands, losses, liability, damages, causes of action, costs or expenses (including reasonable attorneys' fees) made against or suffered by Assignee with regard to any failure by Assignor to perform any term or condition of the Development Agreement, as it relates to the Property, before the date hereof. 5. Miscellaneous. 087873n669%3989164.2 E-3 1786314.1 5.1. Interpretation: Governing Law. This [Partial] Assignment shall be construed according to its fair meaning and as prepared by both parties hereto. This [Partial] Assignment shall be construed in accordance with and governed by the laws of the State of California. 5.2. Attorneys' and Other Fees. In the event of any dispute between the parties hereto or institution of any action or proceeding to interpret or enforce the provisions of this [Partial] Assignment, or arising out of the subject matter of this [Partial] Assignment or the transaction contemplated hereby, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses incurred, including court costs and reasonable attorney's fees and expert witness fees. 5.3. Authority. Each of the parties hereto represents and warrants to the other that the person or persons executing this [Partial] Assignment on behalf of such party is or are authorized to execute and deliver this [Partial]Assignment and that this [Partial]Assignment shall be binding upon such party. 5.4. Further Assurances. Assignor and Assignee each agree to do such further acts and things and to execute and deliver such additional agreements and instruments as the other may reasonably request to consummate, evidence, confirm or more fully implement the agreements of the parties as contained herein. 5.5. Execution in Counterparts. This [Partial] Assignment may be executed in several counterparts, and all originals so executed shall constitute one agreement between the parties hereto. 5.6. Conflict. Nothing in this [Partial] Assignment is intended to modify or amend the respective obligations of Assignor and Assignee under the Purchase Agreement between Assignor and Assignee which gave rise to this [Partial] Assignment and, in the event of any conflict between this [Partial]Assignment and the Purchase Agreement, as between Assignor and Assignee the provisions of the Purchase Agreement shall supersede and control over this Partial Assignment. 5.7. Recordation. The parties hereby authorize this [Partial] Assignment to be recorded in the records of Riverside County upon the date hereof. 5.8. Successors and Assigns. This [Partial] Assignment shall be binding upon and inure to the benefit of the respective successors, assigns, personal representatives, heirs and legatees of Assignor and Assignee. 5.9. Notice. All notices to Assignee under the Development Agreement should be addressed as follows: Attn: 087873t669%3989164.2 E-4 1786314.1 With a copy to: Attn: [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 087873t669%3989164.2 E-5 1786314.1 IN WITNESS WHEREOF, the parties hereto have executed this [Partial] Assignment as of the date set forth below its name below. "ASSIGNOR" a By: Date: By: Date: "ASSIGNEE" a By: Date: By: Date: 087873\16998268vlo E-6 ORDINANCE NO. 1538 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT(DA)2023- 0002 BETWEEN THE CITY OF TUSTIN AND CITY VENTURES HOMEBUILDING, LLC TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-LOW INCOME HOUSEHOLDS, PAYMENT OF VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM IN-LIEU FEE, AND A 1,392 SQUARE FOOT PUBLIC AMENITY SPACE FOR A NEW, LIVE/WORK AND RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE THIRY-FIVE (35) RESIDENTIAL CONDOMINIUM UNITS AND SEVEN (7) LIVE/WORK UNITS, FOR A TOTAL OF FORTY TWO (42) UNITS IN SIX BUILDINGS, INCLUDING TWO (2) AFFORDABLE UNITS, ON APPROXIMATELY TWO (2) ACRES AT 14042 NEWPORT AVENUE The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by City Ventures Homebuilding, LLC for a Subdivision Map (SUB 2023-0003) / Vesting Tentative Tract Map (VTTM No. 19164), Design Review(DR)2023-0019, Final Approval of RAR, Density Bonus requests for one (1) concession to remove the requirement for full replacement of frontage improvements along El Camino Real; two (2) waivers to reduce the minimum required ground floor commercial development standards within the live/work units that include the interior depth from 45 feet to 13 feet-8 inches (13'-8") and first (1 st)floor plate height of the live/work units from sixteen (16) feet to 10'1" feet; and use of State Density Bonus Law parking standards, which allow tandem parking; and Development Agreement (DA) 2023-0002 to construct a new, live/work and residential condominium development project that would include thirty-five (35) residential condominium units and seven (7) live/work units, for a total of forty-two (42) units in six (6) buildings, including two (2) affordable units, on approximately two (2) acres. The project would also include an enclosed, two-car garage and private open space for each dwelling unit, a total of seventeen (17) guest surface parking spaces, common open space areas, landscaping, and a 1,392 square foot (SF) public amenity space fronting El Camino Real. The project is located at 14042 Newport Avenue within Downtown Commercial Core Specific Plan (DCCSP; SP12). Ordinance No. 1538 Page 2 of 4 B. That Section 6.1.3.1 of DCCSP requires that approval of a Development Agreement shall be required for approval of a Subdivision Map. Applications for Development Agreements shall be processed in accordance with Section 6.1.4, Approval Authority of DCCSP and Article 9, Chapter 6, Development Agreements, of the Tustin City Code (TCC). C. That TCC Section 9611 requires the applicant and the City to enter into a DA for the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households, payment of voluntary workforce housing incentive program in-lieu fee, and a 1,392 square foot public amenity space. D. That the proposed voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households, payment of affordable housing in-lieu fee, and a 1,392 public amenity space is in the best interest of the public in that it increases the diversity in available housing for existing and new residents in the City of Tustin. E. That Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the TCC authorize the Tustin City Council to enter into a Development Agreement. In compliance with TCC Section 9611, the Tustin Planning Commission must make a recommendation on the proposed Development Agreement (DA) 2023-0002 to the City Council. F. That a public hearing was duly called, noticed, and held on said application on October 10, 2023, by the Planning Commission. The Planning Commission adopted Resolution No. 4479 recommending that the City Council approve the DA. G. That a public hearing was duly called, noticed, and held on said application on December xx, 2023, by the City Council. H. That the DA is supported by the following findings: 1. That the DA is consistent with the General Plan and Zoning and the project will be consistent with the objectives, policies, general land uses and programs specified in the General Plan in that residential uses are permitted uses within the Downtown Commercial Core Specific Plan (DCCSP) land use designation and the Downtown Commercial Core Specific Plan (DCCSP, SP-12) zoning district. 2. That the project is compatible with the uses authorized in the district in which the property is located. 3. That the project is in conformity with the public necessity, public convenience, general welfare and good land use practices in that the Ordinance No. 1538 Page 3 of 4 project would provide forty (40) market-rate for sale units and two (2) affordable housing units for very-low income households for new and existing Tustin residents thereby providing additional options of housing types to the City's house stock. 4. The project will not be detrimental to the health, safety and general welfare. The project will comply with the DCCSP, TCC, mitigation measures and conditions of approval and other regulations to ensure that the project will not be detrimental to the community. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed and equipped with the necessary infrastructure and amenities to support existing and future residents and businesses in the City. 6. That the approval of the DA will provide for two (2) Very Low Income units and payment of affordable housing in-lieu fee. 7. A Fiscal Impact Statement was prepared and submitted along with the DA which verifies that the project would have a positive fiscal impact on the City over and above that of the currently vacant site. I. That the provisions of DA 2023-0002 are consistent with DCCSP and the policies of the General Plan, as evidenced by the following findings: 1. That the project is adjacent to and surrounded by other commercial promoting pedestrian-oriented development and walkability community while maintaining a commercial emphasis of the project area. 2. That a mix of live/work and residential uses are more beneficial to adjacent uses consistent with the overall vision, goals and intent of the DCCSP. J. That the proposed project is consistent with the General Plan Housing Element Goal 1 in that the project would facilitate the provision of 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 and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for forty (40) market-rate for sale units and two (2) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will provide two (2) Very Low Income units on site and pay an in- lieu affordable housing fee which will be used for development of affordable housing in another location within the City. Ordinance No. 1538 Page 4 of 4 K. That on June 19, 2018, the Tustin City Council adopted Resolution No. 18- 24 adopting and certifying the Final Environmental Impact Report (EIR) and Mitigation Monitoring and Report Program (MMRP) for the Downtown Commercial Core Specific Plan (DCCSP). L. That a statutory exemption from CEQA pursuant to State CEQA Guidelines Section 15182(c) is adequate. Section 15182(c) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15182) and Government Code Section 65457 allows residential projects implementing a Specific Plan if a public agency has adopted an Environmental Impact Report (EIR) on a specific plan after January 1, 1980, and no subsequent EIR has been completed. DCCSP EIR was certified in 2018 and none of the conditions described in CEQA Section 15162 calling for the preparation of a subsequent EIR/Notice of Determination have occurred. Therefore, the project meets the criteria for Section 15182(c) exemption. The project will comply with applicable mitigation measures identified in DCCSP EIR/MMRP. SECTION 2. The City Council hereby approves DA 2023-0002 attached hereto as Exhibit A and subject to final approval of the City Attorney. SECTION 3: The City Manager is hereby authorized to take such actions, and execute such documents and instruments as deemed necessary or desirable to implement the terms of the DA and other documents as necessary. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 1538 Page 5 of 4 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this xx day of December 2023. AUSTIN LUMBARD Mayor ERICA N. YASUDA City Clerk APPROVED AS TO FORM: DAVID E. KENDIG City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1538 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the xx day of December, 2023 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2023 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA City Clerk Published: Exhibit A - DA 2023-0002