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HomeMy WebLinkAboutCC RES 25-07Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1BA1E7 RESOLUTION NO. 25-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SUB 2024-0004/VESTING TENTATIVE TRACT MAP 19353, DESIGN REVIEW 2024-0013, AND A REQUEST FOR DENSITY BONUS, FOR THE DEVELOPMENT OF 1,336 APARTMENT HOMES ON LOTS 11, 12, AND 13 OF TRACT 18197 WITHIN PLANNING AREA 13 and 14 (NEIGHBORHOOD D) OF THE TUSTIN LEGACY SPECIFIC PLAN. The City Council of the City of Tustin hereby finds, determines and declares as follows: A. That a proper application has been submitted by the Irvine Company for the development of 1,336 apartment homes on Lots 11, 12, and 13 of Tract 18197, currently owned by the City of Tustin within Planning Areas 13 and 14 (Neighborhood D) of the Tustin Legacy Specific Plan. B. That the development application includes the following requests: Development Agreement (DA) 2024-0003 to facilitate the development and conveyance of an approximate 19.4-acre site within the boundaries of the MCAS Tustin Specific Plan. 2. SUB 2024-0004 / Vesting Tentative Tract Map (VTTM) 19353 to subdivide an approximately 19.4-acre site into six (6) numbered lots and one (1) lettered lot for the development of 1,336 apartment homes, a 0.66-acre publicly accessible park and cafe, and amenities such as three swimming pools and a network of pedestrian promenades. 3. Design Review (DR) 2024-0013 for the site layout and building design of six apartment buildings, parking garages and a publicly accessible park. 4. Density Bonus to increase the density of the project and waiver/reduction to reduce the development standards to facilitate the proposed project. C. That the site is zoned as Tustin Legacy Specific Plan (SP 1) within Planning Areas 13 and 14 (Neighborhood D); and designated as Tustin Legacy Specific Plan by the Tustin General Plan. In addition, 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 Legacy Specific Plan Section 4.2.7 requires all private development at Tustin Legacy to obtain a DA in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the TCC. Resolution 25-07 Page 1 of 6 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 In compliance with Tustin City Code (TCC) Section 9611, the Tustin Planning Commission recommended to the City Council approval of an Ordinance adopting the proposed DA. E. As conditioned, the VTTM 19353 will be in conformance with the Tustin Area General Plan, Tustin Legacy Specific Plan, State Subdivision Map Act and the City's Subdivision Code as follows: That the site is located in Planning Areas 13 and 14 (Lots 11, 12 and 13 of Tract 18197) of the Tustin Legacy Specific Plan, which is designated for Mixed -Use Urban within the Tustin Legacy Specific Plan and that the proposed development as conditioned will be physically suitable for the type of development and proposed density of development; 2. The subdivider will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at Tustin Legacy, including but not limited to roadway improvements; traffic and circulation mitigation to support development at Tustin Legacy; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; retention and detention systems; open space and public recreational facilities and; utility backbone systems; 3. That the proposed subdivision would not have a new impact on school district facilities within the Tustin Unified School District (TUSD) or Santa Ana Unified School District (SAUSD) in that school impacts for development were considered in the MCAS Reuse Plan, which identified school facility sites that will be conveyed to the TUSD by the Federal Department of Education or the City of Tustin to serve development of property at Tustin Legacy. The Tustin Legacy Specific Plan, the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR), its supplements and addenda, and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the TUSD and SAUSD prior to issuance of building permits in accordance with the City's procedures; 4. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; 5. The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area (2009); Resolution 25-07 Page 2 of 6 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 6. Adequate infrastructure to support buildout of the project, construction of public infrastructure and in -tract private drives and utility systems is required within the initial phases of development and in accordance with the approved phasing plan; and 7. That section 2.3.4 of TLSP authorizes the City Engineer to approve variations to the standard cross sections for certain roadways, proposed within the subdivision. F. On January 14, 2025, the Planning Commission adopted Resolution No. 4514 determining that the location, purpose, and extent of the proposed disposition of a 19.4-acre site within Neighborhood D of the Tustin Legacy Specific Plan for the development of 1,336 apartment units is in conformance with the City's adopted General Plan and the Tustin Legacy Specific Plan and adopted Resolution No. 4515, recommending that the City Council approve by resolution Design Review 2024-0013, Vesting Tentative Tract Map 19535, and a Density Bonus request for the project, including waivers, and adopt Ordinance No. 1561 approving Development Agreement 2024-0003. G. Pursuant to the Tustin Legacy Specific Plan and Section 9272 of the Tustin Municipal Code, the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs and/or parapets. 5. Size and spacing of windows, doors, and other openings. 6. Roof structures. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. Resolution 25-07 Page 3 of 6 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 H. That the requests for deviations (waiver) in the maximum building setback to allow for additional outdoor open space uses and greater variation in the staggering of building faces along the street, a reduction (waiver) in the standard parking stall dimension, and a deviation (waiver) from the private outdoor space requirement are appropriate and consistent with, and in compliance with, density bonus law. That the proposed deviations are consistent with the intent of the established standards and the Tustin Legacy Specific Plan. Consistent with the Density Bonus Law that establishes parking rates for affordable housing developments, the project will exceed the amount of required parking by proposing 1,956 parking stalls. In addition, there are on -street parking spaces for use by the general public and guests in proximity to the apartments and the publicly accessible park and cafe. J. That a public hearing was duly called, noticed, and held on said application on February 4, 2025, by the City Council. K. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the FEIS/EIR. On December 17, 2024, the City Council adopted Resolution No: 24-76 approving a third Supplement to the FEIS/EIR, which evaluated the environmental effects in conjunction with an amendment to the TLSP to implement the programs and policies of the City's Sixth Cycle Housing Element Rezone Project, which increased residential capacity within TLSP Neighborhoods D-North, D-South, and G (Housing Element Sites 1A, 1 B and 2, respectively). The FEIS/EIR, along with its addendums and supplements, is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, addendums and supplemental considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. Pursuant to CEQA Guidelines section 15182, Projects Pursuant to a Specific Plan, a residential project that is undertaken pursuant to and in conformity with a specific plan, and the specific plan's EIR, is exempt from CEQA. Resolution 25-07 Page 4 of 6 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 The City Council hereby adopts Resolution No. 25-07 approving SUB 2024- 0004/VTTM 19103, DR 2024-0013, and a Density Bonus request along with requested waivers/devaiations/reductions, subject to the conditions attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN: Section 1. The above recitals are true and correct, are a substantive part of this Resolution, and are adopted as the findings of the City Council. Section 2. The City Manager and/or Housing Authority Executive Director, or their designee, is hereby authorized to execute any and all affordable housing documents necessary to facilitate the development of future affordable housing units as part of the project. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council of the City of Tustin, and the Clerk of the City Council shall attest to and certify the vote adopting this Resolution. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 4th day of February 2025. Signed by: AU NEILEU 4BARD, Mayor ATTEST: DS Signed by: `t vi(A qO&JA ER'eAcNFY,'A8U0 DA, City Clerk APPROVED AS TO FORM: ;` ;Z7" DocuSigned by: DAVfE)-EPcKEt4ItG, City Attorney Resolution 25-07 Page 5 of 6 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 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 five; that the above and foregoing Resolution No. 25-07 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 4t" day of February, 2025, by the following vote: COUNCILMEMBER AYES: Lumbard, Nielsen, Gallagher, Schnell, Fink (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: DS Signed � by: V i, aasaa ER1eADNP4YA88UDA, City Clerk (0) (0) Resolution 25-07 Page 6 of 6 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 EXHIBIT A RESOLUTION NO. 25-07 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP 19353 AND DESIGN REVIEW 2024-0013 GENERAL (1) 1.1 The proposed project shall be in compliance with the Tustin Legacy Specific Plan, Tustin City Code, and City of Tustin Guidelines and Standards and conform with submitted plans for the project date stamped February 4, 2025, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, and other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twenty-four (24) months of this approval, unless otherwise provided by the Development Agreement (DA 2024-0003) included as Exhibit A of Draft Ordinance No. 1561). Time extensions may be considered consistent with the provisions of DA 2024-0003. (1) 1.4 Approval of SUB 2024-0004/VTTM 19353, DR 2024-0013, Density Bonus Concession and Waiver requests, and DA 2024-0003 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. (1) 1.5 The applicant shall comply with executed Development Agreement (DA) 2024- 0003 and associated Disposition and Development Agreement (DDA). *** 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). 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 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 2 *** 1.7 These approvals shall become null and void if DA 2024-0003 is not approved and executed. The applicant shall comply with all provision of executed DA 2024-0003. *** 1.8 In the case of any conflict between these Conditions of Approval and DA 2024- 0003, the DA between the City of Tustin and Developer shall govern. 1.9 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. 1.10 As a condition of approval of SUB 2024-0004/VTTM 19353, DR 2024-0013, the Density Bonus Concession and Waiver requests, and DA 2024-0003, 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. PUBLIC WORKS/ FINAL TRACT MAP (1) 2.1 Preparation and recordation of a final subdivision map shall be required. (1), 2.2 Prior to approval of the final Tract Map, the applicant is required to execute a (5) subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (5) 2.3 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; 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), 2.4 Developer shall dedicate easements for emergency vehicle access and public (5) services ingress and egress purposes over private drives and driveways, at no cost to the City on the Tract Map. (1) 2.5 Developer shall release and relinquish to the City of Tustin all vehicular access rights along Airship Avenue, Swaim Way, Warner Avenue, Legacy Road, Tustin Ranch Road and Compass Avenue except at approved access locations and street intersections, at no cost to the City, on the Map. (1) 2.6 Applicant shall dedicate a perpetual easement at no cost to the City for the benefit of the City and the public providing public pedestrian access in, on, over, and across the privately owned publicly accessible amenity spaces described in the Development Agreement. Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 3 (1) 2.7 At the time of final map submittal, the applicant shall also submit two (2) copies of an up-to-date title report generated within thirty (30) days of submittal. (1), 2.8 The applicant shall not oppose the future creation of CFD 18-1 Zone 3 over the (5) project site, provided that such CFD and special taxes levied are consistent with the DDA. STREET IMPROVEMENT (1), 2.9 Prior to issuance of first building permit of each lot (Tract Map 19353) the (5) developer shall provide final design and construct applicable improvements in accordance with the approved project phasing, including but not limited to: a. Sidewalk along project frontage on: i. Compass Avenue from Tustin Ranch Road to Warner Avenue ii. Tustin Ranch Road from Compass Avenue to Legacy Road iii. Airship Avenue from Compass Avenue to Legacy Road iv. Swaim Way from Compass Avenue to Legacy Road b. Curb ramps along Compass Avenue at Airship Avenue and Swaim Way. c. Parkway landscape and irrigation system, including the street bulb -out planters, adjacent to the project along Airship Avenue, Compass Avenue, Swaim Way, Warner Avenue, Tustin Ranch Road and Legacy Road. d. Publicly Accessible Common Area Improvements e. Signing and Striping Plan: i. Stripe a broken yellow centerline along Compass Avenue, adjacent to the project. ii. Parking restriction signs at approved loading zone locations. iii. Red curb paintings at approved locations. iv. All driveways into the parking structures should identify Resident and Guest entries and exits above the openings. v. Parking restriction signs for "No Stopping Anytime" and street sweeping (day and time to be determined at a later date) vi. Crosswalk at all way stops: Compass Avenue/ Airship Avenue, Compass Avenue/ Swaim Way, and Compass Avenue / Flight Way. f. The project is proposing a driveway on Compass Avenue that is offset with Flight Way. To ensure that vehicles ingress on the correct side of the parking structure especially for those traveling Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 4 eastbound on Flight Way through Compass Ave, the applicant shall design and construct: i. A wider project driveway apron to the north, or ii. Paint a yellow centerline and inbound and outbound white arrows behind the walk, or iii. A raised median on the project driveway that separates ingress from egress and post signage and/or add striping. g. Public improvement Plan, including but not limited to: relocation of street lights, utilities, and etc. h. The developer shall grind and overlay all frontage streets based on the following, to the satisfaction of the City Engineer: i. Compass Avenue: Half -width ii. Airship Avenue: Full -width iii. Swaim Way: Full -width iv. Warner Avenue, Legacy Road, Tustin Ranch Road: 1 lane* *Grind and Overlay may be required up to Half -width based on field observations & conditions. (1), 2.10 The applicant shall design, install, and maintain "No Parking" loading zone signs (5) and red curb painting along project frontage. The Project will not rely on the Tustin Police Department to monitor these loading zones. If in the future parking "T's" are needed, it is the applicant, property owner, and/or property management company's responsibility to design, paint, and maintain the parking T's along the project frontage. Proposed parking T's plan shall be reviewed and approved by the City. (1), 2.11 City of Tustin Public Works Department reserves the right to change the curb (5) management for parking restriction purposes during actual construction plan design. (1), 2.12 If the City of Tustin's contracted trash hauling company is unable to pick up trash (5) on a regular basis, the applicant/property owner shall be responsible for submitting an alternative trash collection management plan to the City of Tustin Public Works Department for review and approval. The applicant/property owner shall be responsible for the implementation of the approved alternative trash collection management plan; at no cost to the City. (1), 2.13 City of Tustin Public Works Department reserves the right to change the curb (5) management for parking restriction purposes during actual construction plan design. (1), 2.14 Prior to any work in the public right-of-way, an Encroachment Permit shall be (5) obtained from and applicable fees paid to the Public Works Department. Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 5 (1), 2.15 Prior to issuance of a Grading Permit and an Encroachment Permit, the applicant (5) shall submit in the City's Citizen Self Service Portal street improvement plans, as prepared by a California Registered Civil Engineer, for review and approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. 24" x 36" signed and stamped reproduceable street improvement plan is required for final approval. (1), 2.16 Prior to issuance of an Encroachment Permit for construction within the public (5) right-of-way, the applicant shall submit in the City's Citizen Self Service Portal traffic control plans, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, to the Public Works Department for review and approval. (1), 2.17 Current Federal Americans with Disabilities Act (ADA) requirements shall be met (5) at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. (1), 2.18 The construction landscape and irrigation plan shall: identify limited use areas (5) for access onto public streets (at a minimum a 10' triangle on each side of a driveway or non -signalized intersection and a 25' triangle at a signalized intersection behind the sidewalk and based on a corner sight distance analysis for parkway landscaping per the most current OCPW Standard 1117), hardscape improvements and landscaping within a limited use area must be restricted to a height of 12"-24" inches or less depending on the speed of the road, and 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 60" shall have a canopy no lower than 84" above the curb to ensure adequate sight lines of pedestrians on the sidewalk and vehicles and bicycles on the street are maintained. The proposed street tree shall meet the Tustin Legacy plant pallet requirements or approved by the City of Tustin Arborist. (1), 2.19 Any tree wells located within public right of way shall be designed and (5) constructed per the most current City of Tustin Public Works Standards. The trees shown on Compass Avenue between Flight way and Tustin Ranch Road may present a sight distance concern for vehicle leaving the garage access on Compass Avenue at Garage #1. The final tree types shall be submitted on landscaped plans, reviewed and approved by the City of Tustin Public Works Department. (1), 2.20 Developer shall enter into a Landscape Installation and Maintenance Agreement (5) with the City of Tustin for the construction, maintenance, repair, and replacement of the landscaping described in the Development Agreement for the maintenance of parkway improvements within public rights -of -way adjacent to the project along Airship Avenue, Legacy Road, Tustin Ranch Road, Swaim Way, Warner Ave and Compass Avenue. A detailed parkway improvement exhibit shall be provided for the agreement. Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 6 (1), 2.21 Developer, owner and/or property management company shall be responsible (5) for maintenance and monitoring of all red curb painting and "No Parking" loading zone signs along the project frontage. (1), 2.22 WATER QUALITY (5) 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. Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Final Water Quality Management Plan (WQMP) in the City's Citizen Self Service Portal. The Priority WQMP shall identify: the implementation of Best Management Practices (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. Prior to submittal of a WQMP, the applicant shall submit a deposit of $3,077.00 to the Public Works Department for the estimated cost of reviewing the WQMP. Prior to issuance of any permits, the applicant shall record a "Declaration of Restrictions". 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. Prior to the owner obtaining a Final Approval and Certificate of Occupancy (C of O), the engineer responsible for the approved WQMP shall stamp and sign the Stormwater Observation Report Form. Prior to issuance of a Grading Permit, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. (1), 2.23 COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (5) Developer shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: A. Developer shall obtain written approval and/or permits from the applicable utility companies, including but not limited to Southern California Edison, The Gas Company, Irvine Ranch Water District (IRWD), AT&T, Cox Communications, Spectrum, etc. B. 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. Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 7 2.24 SOLID WASTE RECYCLING CONDITIONS 1. Construction and Demolition Waste Recycling and Reduction Plan (WRRP) A. 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 (City Code Section 4351, et al) to recycle at least 65% of the project waste material or the amount required by the California Green Building Standards Code. B. Prior to the issuance of, any building or demolition permit that involves the creation of C&D debris, each applicant for covered projects shall pay to the City an application fee in the amount set forth in a resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this section and/or the WRRP, or reviewing an application for exemption. C. Security deposit. In addition to the application fee, each applicant shall deposit with the City a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of cash, cashier's check, personal check, money order, or may be applied to a credit card in accordance with standards set by the Finance Department. 2. Facility Solid Waste Collection and Recycling Plan. A. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. B. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). C. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. D. All trash enclosures shall be designed with roof and be able to accommodate at least three (3) bins, with at least one (1) bin reserved for recyclable materials and one (1) bin reserved organic waste. Space for a container for organics is also required as described in Section 26F below. E. Prior to the approval of a site plan or the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. F. All developments are required to provide space for the collection of organic materials. Organics are collected in a minimum of 65-gallon wheeled carts are required for areas where collection containers are shared by multiple units. The size of the organics container will be dependent upon the use and size of the building. Where collection Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 8 containers are shared, organics can be collected six (6) days per week to minimize the space required for a container. 2.25 MISCELLANEOUS CONDITIONS A. Prior to issuance of first permit, the applicant shall submit an 8'/2" 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. B. Prior to issuance of a Building Permit(s), payment of the most current 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 1st of each year. C. 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 Certificate of Occupancy for the development on any parcel within the subdivision. BUILDING PLAN SUBMITTAL (1), 3.1 Health Department approval is required for swimming pools, and if food service (3) will occur in any of the amenity's buildings. (1) 3.2 At the time of building permit application, the plans shall comply with the latest (3) edition of the California Residential Code, California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code, California Energy Code, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1), 3.3 This project will be subject to Chapter 11-A CBC Access Regulations for (3) multifamily housing. 11-B may apply if any public accommodations are provided for other than the residents and their guests. (3) 3.4 Height, Stories and Construction Type will be required to comply with Chapter 5 CBC and Firewall requirements will be required between the different Construction Types. (1), 3.5 Separation detailing between the concrete garage and residential construction (3) must be designed for drift separation and firestopping if wood frame construction is used. (3) 3.6 The multistory wood frame construction must address dimensional change for utilities and lateral resisting systems. (3) 3.7 Design will address reduced structural wood values for 1-hour assemblies and for FRT treated wood. (3) 3.8 The project will be submitted for building plan review and will be subject to all Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 9 applicable codes, ordinances and regulations. (5) 3.9 All easements and/or parcel lines that exist will be resolved so as not to prohibit the proposed building configurations or they will be dealt with to the satisfaction of the City prior to plan approval. DESIGN AND ARCHITECTURE (4) 4.1 At building plan check, building elevations visible from public streets shall have enhanced elevations consistent with the approved DR 2024-0013 in terms of color and material, architectural articulation and architectural projections, etc. to the satisfaction of the Community Development Department. (1) 4.2 All exterior colors, textures and materials shall be consistent with the approved Design Review. Specifications on colors, materials, and textures shall be noted in construction plans and subject to review and approval by the Community Development Department. *** 4.3 Final material samples and colors shall be provided at plan check submittal. (1), 4.4 All mechanical and electrical equipment, including roof -top equipment, shall be (4) adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project (as feasible) and screened by adequate landscaping or other effective screening devices. (4) 4.6 Roof drains and downspouts shall be minimally visible from public streets (as feasible); directed towards landscaped areas or planters and shall be addressed in the WQMP internal drive aisles and be minimally visible from the public streets. *** 4.7 The applicant shall submit a master sign plan for City review and approval. The master sign plan shall incorporate a design theme compatible with the building architecture and Tustin Legacy branding, and include directional and wayfinding signs. (1), 4.8 Signage monumentation, if any, identifying the residential community tract shall (5) include the words "At Tustin Legacy" for continuity of the Tustin Legacy branding, as applicable. (1) 4.9 Signage shall be installed under separate permit and approval. LANDSCAPE/HARDSCAPE (6) 5.1 At plan check, the applicant shall provide complete detailed landscaping and irrigation plans for all landscaping areas, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: a. Include a summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 10 b. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. Show all property lines on the landscaping and irrigation plans, public right- of-way areas, sidewalk widths, parkway areas, and wall locations. d. Shrubs should be a minimum of five (5) gallon size and be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. e. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. f. Equipment areas shall be screened with walls, vines, and/or trees, subject to review and approval of the Community Development Department. g. On -site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. (1) 5.2 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. (5) 5.3 The landscape plans shall note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. (1), 5.5 Turf is unacceptable for grades over 25 percent. A combination of planting (6) materials shall be used. On large areas, ground cover alone is not acceptable. (1), 5.6 All plant materials shall be installed in a healthy vigorous condition typical to the (6) species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 5.7 Landscape adjacent to the right-of-way shall be in compliance with the requirements of Tustin Legacy Specific Plan. (6) 5.8 Trees in the landscape setbacks adjacent to public rights -of -way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. (1), 5.9 The project shall comply with the City's Water Efficient Landscape Ordinance and (5) any Executive Orders issued from the Governor of the State of California pertaining to water conservation and irrigation methods. (1), 5.10 Backflow devices and double detector checks shall be painted to match (4) surrounding landscaping when in planters or painted to match the building when Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 11 located adjacent to. Landscaping shall be utilized to screen the devices where possible. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 6.1 Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required: • A Fire Master Plan (service code PR145) • Alternative methods and materials (AM&M) request (PR910), if appliable (5) 6.2 Prior to issuance of a building permit: Architectural (service codes PR200-PR285), an occupancy phases plan must be approved in congruence with the architectural plans for occupancy phasing. Fire sprinkler and standpipe system (service codes PR400-PR465) Underground piping for private hydrants and fire sprinkler systems (service code PR470-475) Emergency responder radio system design (service code PR928); this submittal may be deferred when acceptable to the Building Department, but the required conduit must be installed prior to concealing interior construction Hazardous materials compliance and chemical classification (service codes PR315-PR328) Photovoltaic system (service code PR363) (5) 6.3 Prior to concealing interior construction, the applicant shall obtain OCFA approval for the fire sprinkler system. (Service Code PR500-PR520) (5) 6.6 Prior to Occupancy: A. Emergency responder radio system testing (service code PR9281: 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 the Planning & Development Services in the menu bar. B. Emergency Responder Digital Radio System: An emergency responder digital radio system shall be provided in this structure. Refer to CFC 510 and the OCC/OCFA DAS/BDA guidelines (available at ocfa.org) for requirements. Evidence of compliance with emergency responder digital radio system design and performance criteria shall be provided prior to occupancy. Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 12 C. Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573- 6150. D. Phased Occupancy: Phased occupancy of this structure shall be permitted only with prior approval from OCFA and the Building Official. Requests for phased occupancy shall be submitted for evaluation by OCFA as an alternate materials and methods proposal (PR910) accompanying the architectural submittal. Such requests shall be made prior to start of construction only. E. Emergency Access Easements: Irrevocable reciprocal access easements for emergency access purposes to the benefit of the city of Tustin shall be recorded concurrently with the final map or, where no final map is required, prior to approval of the fire master plan. F. Lumber -drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on -site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. USE RESTRICTIONS *** 7.1 The project shall include 1,336 apartment units inclusive of 334 affordable units, a publicly accessible park and cafe, paseos and private facilities and open space areas that are privately owned but accessible to the public as depicted in the approved site plan. *** 7.2 Power receptacles shall be provided at the community facility including the swimming pool and barbeque areas. (4), 7.3 All parking spaces within the project site shall be maintained as shown on the *** approved "Technical Site Plan". Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. A Parking Enforcement Policy shall be established and enforced by the apartment operation team. *** 7.4 Street parking shall be installed and maintained per the approved "Technical Site Plan". These unassigned surface parking spaces shall be permanently maintained at the perimeter of the development site unless otherwise directed by the City. (1) 7.5 Any outdoor storage during grading or building stages shall be approved by the Community Development Director. (1) 7.6 Unless otherwise agreed by the City in its sole discretion, the property within the tract or any street or sidewalk or drive (alleyway) thereon shall not be privately gated; provided however, that any swimming pool and/or spa facility within the community facility area and any private indoor common area improvement, Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 13 including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the Project and their guests. (1) 7.7 The project shall provide and maintain affordable housing units as proposed and documented through an Affordable Housing Incentive Agreement. The composition of income levels for the proposed affordable housing units may be adjusted upon review and approval of the Community Development Director, subject to compliance with applicable State regulations, including but not limited to Density Bonus law and the Surplus Land Act. *** 7.8 In accordance with TCC 9142, the City Manager, or his/her designee shall prepare a Density Bonus Housing Incentive Agreement (Housing Agreement), in consultation with the Housing Authority, and subject to review and approval as to form by the City Attorney, to memorialize the provision of very -low and low-income units, and the granting of the requested concessions and waivers. The City Manager shall be responsible for final approval and execution of the Housing Agreement, which 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 in the Official Records of Orange County, California prior to City's issuance of building permits for the Project and shall be binding to all future owners and successors in interest. NOISE (1) 8.1 At plan check, an updated noise analysis shall be provided to ensure compliance with the Tustin Noise standards. (1) 8.2 In accordance with the noise analysis, all units shall be constructed with appropriate sound attenuation to achieve the minimum noise level standards pursuant to the City's Noise standards. Prior to issuance of Certificate of Occupancy, the units shall by analyzed and certified for compliance with the City's Noise standards. POLICE DEPARTMENT (1) 9.1 Security cameras should be installed at each driveway. The cameras should be spaced in strategic locations and have a 30-day retention period. (1) 9.2 Parking garages should provide sufficient lighting within the parking garages to illuminate each floor. Please provide photometric design for the parking garages. *** 9.3 The inside walls of the parking garages should be painted white, or similar bright color, to promote reflection of light and make the garage brighter. (1) 9.4 Installation of "Bi-Directional Amplifier" that amplifies radio frequencies for first responders would be required. For details on this system, please contact Dave Johnson (949)473-1692 at OCFA. Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 14 PUBLIC BENEFITS IMPROVEMENTS *** 10.1 The construction of sidewalks, Publicly Accessible Common Area Improvements, parkway and street bulb -out planters, and landscape and irrigation system shall be completed in accordance with the Schedule of Performance in the DDA. *** 10.3 Developer shall perform the maintenance, repair, and replacement of the landscaping described within the Publicly Accessible Park and Common Area exhibit as shown/required in Development Agreement 2024-0003. *** 10.4 Developer shall construct the Publicly Accessible Park and Common Area Improvements, as depicted in Development Agreement 2024-0003. *** 10.5 Developer shall provide a detailed landscape improvement exhibit in conjunction with the Landscape and Water Treatment Installation and Maintenance Agreement. ENVIRONMENTAL (1), 11.1 The developer shall comply with all mitigation measures related to the project that (5) are required by the Mitigation Monitoring Program for the Tustin Legacy Specific Plan (MCAS Tustin) area, identified in this exhibit and in other related project entitlements, including but not limited to the Tustin Legacy Specific Plan Final Supplemental EIR certified on December 17, 2024. Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: a. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin shall review the proposed traffic control and operations plans with any affected jurisdiction. b. The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed fifteen (15) miles per hour. c. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. Prior to the issuance of permits for any public improvements or development project, a development applicant shall submit to the City of Tustin information from IRWD which outlines required facilities necessary to provide adequate potable water and reclaimed water service to the development. e. Prior to the issuance of permits for any public improvements or Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Exhibit A Resolution No. 25-07 Page 15 development project, a development applicant shall submit to the City of Tustin and City of Irvine, as applicable, information from IRWD or the City of Tustin which outlines required facilities necessary to provide adequate sanitary sewage service to the development. FEES (1) 12.1 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1), 12.2 Prior to issuance of each permit, payment shall be made of all applicable fees, (5) including but not limited to, the following. a. Building plan check and permit fees to the Community Development Department. b. Engineering plan check and permit fees to the Public Works Department. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department. d. Prior to issuance of a Building Permit(s), payment of the most current 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 1st of each year. e. Water and sewer connection fees to the Irvine Ranch Water District. f. New development tax fee.. g. School facilities fee in the amount as required by Tustin Unified School District and the Santa Ana Unified School District. h. Other applicable Tustin Legacy Backbone Infrastructure Program fees. Payment shall be required based upon the most current rates in effect at the time of payment and/or permit issuance and are subject to change.