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HomeMy WebLinkAbout08 COMPASS AT RED HILL BY MERITAGE HOMES, INC. – A 73 UNIT CONDOMINIUM PROJECTDocusign Envelope ID: F2C6D98E-7421-4E6C-BD12-E4099DOE117E MEETING DATE: TO: FROM: SUBJECT: SUMMARY: Agenda Item 8 Initial Reviewed: a� AGENDA REPORT City Manager Finance Director N/A JUNE 3, 2025 ALDO E. SCHINDLER, CITY MANAGER JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR COMPASS AT RED HILL BY MERITAGE HOMES, INC. — A 73 UNIT CONDOMINIUM PROJECT The applicant, Meritage Homes, Inc., is requesting approval to construct a residential development project that would include 73 condominium units, four of which will be set aside as affordable units on approximately 3.4 acres site located at 13751 and 13841 Red Hill Avenue. The Planning Commission held a public hearing on May 13, 2025, and adopted Resolution Nos. 4526 and 4527, recommending that the City Council approve the proposed project. RECOMMENDATION: That the City Council adopt Resolution 25-43 (Attachment 7) approving Residential Allocation Reservation 2025-0001, Design Review 2024-0014, Subdivision 2024- 0005/Tentative Tract Map No. 19361, Density Bonus Requests; and adopt Ordinance 1566 (Attachment 8) approving Development Agreement 2024-0004. FISCAL IMPACT: There is no fiscal impact associated with this item. CORRELATION TO THE STRATEGIC PLAN: This project supports Strategic Plan Goal A, as it creates affordable and workforce housing options by building 73 new residences, including four (4) affordable units available to very low-income households, and also creates linkages between parts of the community by installing a new bike lane along the Red Hill Avenue frontage. PROJECT DESCRIPTION AND DISCUSSION: The proposed project is a new residential community with 73 condominium units within nine buildings, four of which will be set aside for Very Low-income households. The site is approximately 3.39 acres, currently vacant, and located within the Red Hill Avenue Specific Plan (RHASP). Docusign Envelope ID: 4BAAE859-43D0-413E-9396-2B47524B3442 City Council Agenda Report Compass at Red Hill Condominiums (Meritage Homes) June 3, 2025 Page 2 The project will include an enclosed two -car garage for each unit and 18 on -site open guest parking spaces; 13 on -street parking, private and common open spaces; enhanced landscaping; and a publicly accessible amenity (park) space. The following provide brief discussions of each requested entitlement associate with the project. The Planning Commission staff report attached herewith (Attachment 3) provides additional details regarding the proposed design and requested entitlements. Design Review 2025-0014 The project is designed to be a vibrant, high -quality residential development along Red Hill Avenue, consistent with the City's Housing Element and the RHASP. The three-story buildings have a "Spanish Eclectic" architectural style, incorporating features such as front porches; varied rooflines and deck walls/guardrails; windows with decorative trim; and four color/material schemes throughout the project for individuality and to enhance the public streetscape. Subdivision (SUB) 2024-0005 / TTM 19361 TTM 19361 proposes to merge two adjoining parcels into one parcel for condominium purposes (Exhibit B to Attachment 7). Common areas would be established for vehicular and pedestrian circulation, guest parking and for open space purposes. A homeowners association (HOA) will be responsible for the future maintenance of all common facilities and private on -site utilities. Also included in the map are proposed easements for public utilities, public access to the public amenity space, and access for emergency and public service vehicles. The proposed public amenity space at the corner of Red Hill Avenue and San Juan Street would be a lettered lot ("Lot A"), which ensures it is not developable in the future. Docusign Envelope ID: 4BAAE859-43D0-413E-9396-2B47524B3442 City Council Agenda Report Compass at Red Hill Condominiums (Meritage Homes) June 3, 2025 Page 3 The proposed TTM is consistent with the site's General Plan land use designation, the RHASP, and applicable provisions of the TCC. The required findings for approval are incorporated within Resolution No. 25-43. A detailed discussion regarding the subdivision is provided in the Planning Commission staff report (Attachment 3). Development Agreement (DA) 2024-0004 The DA 2024-0004 (Attachment 8) includes, but is not limited to, the following key agreement: • The DA will commence on the effective date, and continue for five years thereafter, unless terminated, modified or extended as set forth in the DA. • The permitted uses on the property, the density and intensity of the uses, and City development standards are preserved for the term of the DA, as approved by DR 2024-0014. • A vested right to develop the project site in accordance with DA 2024-0004 and DR 2024-0014. • Pursuant to the Mello -Roos Act, establishes the participation in the formation of a Community Facilities District (CFD) through the California Municipal Finance Authority (CMFA) via the Bond Opportunities for Land Development (BOLD) program, to fund project related public infrastructure improvements and payment of development impact fees. While the City is already a member of CMFA, a City Council resolution to authorize participation in the BOLD program will be required. This resolution will be brought forward at the next City Council meeting. • Public benefits will be provided, including four affordable housing units for very low- income households; an approximately 3,200 square foot publicly accessible amenity space, including public art and gateway signage; on -street public parking spaces with enhanced landscaping along Red Hill Avenue; a new traffic signal on Red Hill Avenue at the project entry; and associated off -site improvements. Density Bonus and Concessions Density Bonus Law is a State mandate, such that any development project that meets the requirements of the law is entitled, as a matter of right, to receive additional dwelling units (density bonus units) beyond the City's maximum limit, as well as other benefits that eliminate barriers to development. The applicant proposes four affordable units for very low-income households, which make the project eligible for one Density Bonus concession, and unlimited development standard waivers. Pursuant to Density Bonus law, the applicant is requesting the following: • A twenty percent (20%) density bonus, adding 12 "bonus" units to 61 "base" units, for a total of 73 units. Docusign Envelope ID: 4BAAE859-43D0-413E-9396-2B47524B3442 City Council Agenda Report Compass at Red Hill Condominiums (Meritage Homes) June 3, 2025 Page 4 The RHASP is comprised of commercially zoned properties, which only allow residential as part of a "Flexible Format Retail" or "Mixed -Use" development. The applicant is requesting a Density Bonus concession to remove the requirement that residential uses are only allowed in conjunction with commercial uses. The Tustin City Code (TCC) would require the project to have 19 on -site guest parking spaces. The applicant opted to utilize the Density Bonus parking standards which do not require any guest parking; therefore the 18 on -site guest stalls is sufficient. Planning Commission Action On May 13, 2025, the Planning Commission held a public hearing on the proposed project and adopted Resolutions 4526 and 4527, recommending that the City Council approve the project per Staff's recommendation. During the hearing one person spoke against the project and one person spoke in support of the project. Concerns were generally related to parking, traffic and additional affordable units. Additional public comments are included in Attachment 9. At the meeting the Commissioners questioned the need for a new traffic signal on Red Hill Avenue at the project entry. While a traffic signal may not be required based on the number of units proposed, the traffic signal provides safe ingress and egress to and from the project site along with a safe pedestrian crossing. Alternatively, a raised median would need to be redesigned to prevent left turns out of the project site and from the Red Hill Plaza shopping center across the street. The applicant in this case has agreed to construct the new traffic signal consistent with Public Works Department's recommendation. In addition, staff also confirmed that the Red Hill Avenue traffic synchronization project has been completed, and the new traffic signal will be added to the system once installed. PUBLIC NOTICE: Public notices were mailed to property owners within 500 feet of the subject property. A notice was published in the Tustin News on May 22, 2025, informing the public of the City Council meeting. In addition, the public notice was posted at Tustin City Hall, the Tustin Library, and the Tustin Area Senior Center. Docusign Envelope ID: 4BAAE859-43D0-413E-9396-2B47524B3442 City Council Agenda Report Compass at Red Hill Condominiums (Meritage Homes) June 3, 2025 Page 5 Prepared by: E Signed by:_48mDE.963E64 D246F... Leila Carver, Senior Planner Consultant Approved by: Signed by: 1�1— C3F97677838E410... Jay Eastman, AICP, Assistant Director Signed by: c��u O. o ED45DA2623654A5... Justina L. Willkom, Community Development Director Attachments: 1. Radius Map and Land Use Application Fact Sheet 2. Submitted Plans 3. Planning Commission Staff Report, May 13, 2025 4. Planning Commission Minutes, May 13, 2025 5. Planning Commission Resolution No. 4526 6. Planning Commission Resolution No. 4527 7. City Council Resolution No. 25-43 a. Exhibit A — Conditions of Approval b. Exhibit B — TTM 19361 c. Addendum to the Red Hill Avenue Specific Plan EIR with Technical Appendices including MMRP 8. City Council Ordinance No. 1566 a. Exhibit A — DA 2024-0004 9. Public Comment Letters mm tusnn High School ttt d 5 500' S K djev z 9a Suites 1000' t O. I ronn2r Park Stater Blos F> . 0 0.05 0. PI a Shad 0.2W iles Radius Map City of Tustin 13841 & 13751 Red HIII Avenue APN: 500-141-10 & 500-141-09 Date Exported: 4/10/2025 5:32 PM LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): RAR 2025-0001, DR 2024-0014, DA 2024-0004, SUB 2024- 0005 / TTM No. 19361, AND DENSITY BONUS REQUESTS 2. LOCATION: SOUTHWEST CORNER RED HILL AVENUE & SAN JUAN AVENUE 3. ADDRESS: 13841 & 13751 RED HILL AVENUE 4. APN(S): 500-141-10 & 500-141-09 5. PREVIOUS APPLICATIONS RELATING TO THIS PROPERTY: • DR 2021-0002; DA 2021-0001; SUB 2021-0001/VTTM 17822, DENSITY BONUS, CONCESSION/ INCENTIVE FOR A REDUCTION IN PRIVATE AND COMMON OPEN SPACE; AND WAIVER OF PARK FEES FOR SIX AFFORDABLE UNITS FOR CONSTRUCTION OF A MIXED -USE PROJECT WITH 137-UNITS; 114 BASE UNITS PLUS A 20% DENSITY BONUS (23 DENSITY BONUS UNITS); AND 7,000 SF OF RETAIL COMMERCIAL AREA. 6. SURROUNDING LAND USES: NORTH: MULTI -FAMILY RESIDENTIAL SOUTH: CARWASH/GAS STATION EAST: RED HILL AVENUE PLAZA SHOPPING CTR. WEST: TUSTIN HIGH SCHOOL 1. SURROUNDING ZONING DESIGNATION: NORTH: R-3 - MULTIPLE FAMILY RESIDENTIAL SOUTH: RHASP - RED HILL AVENUE SPECIFIC PLAN EAST: RHASP- RED HILL AVENUE SPECIFIC PLAN WEST: PUBLIC & INSTITUTIONAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: HDR - HIGH DENSITY RESIDENTIAL SOUTH: RHASP - RED HILL AVENUE SPECIFIC PLAN EAST: RHASP- RED HILL AVENUE SPECIFIC PLAN; WEST: PI - PUBLIC/INSTITUTIONAL 9. SITE LAND USE: A. EXISTING: VACANT LAND B. PROPOSED: CONSTRUCTION OF MIXED -USE PROJECT; 61 BASE UNITS PLUS A 20% DENSITY BONUS (12 DENSITY BONUS UNITS) = 73 TOTAL UNITS C. GENERAL PLAN: RHASP - RED HILL AVENUE SPECIFIC PLAN PROPOSED GP: SAME D. ZONING: RHASP - RED HILL AVENUE SPECIFIC PLAN PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 3.39 ACRES APPROX. 11. PROPOSED RESIDENTIAL SQ.FT.: 114,951 SF TOTAL 73 UNITS INCLUDING: • (6) PLAN 2531X: 1,215 SF, 2 BED, 2.5 BATH, STANDARD GARAGE • (6) PLAN 2532X: 1,215 SF, 2 BED, 2.5 BATH, STANDARD GARAGE • (30) PLAN 1633: 1,497 SF, 3 BED, 3 BATH, TANDEM GARAGE • (31) PLAN 1638: 1,765 SF, 4 BED, 4 BATH, STANDARD, GARAGE 12. PROPOSED DENSITY: 18 DU/AC (WITHOUT DENSITY BONUS) 21.5 DU/AC (WITH DENSITY BONUS) 13. PARKING: 164 STALLS PROPOSED FOR RESIDENTIAL • 146 STALLS PROPOSED FOR RESIDENTS • 18 STALLS PROPOSED FOR GUEST 14. TENANT IMPROVEMENTS: N/A MeritageHomes• r MLC Holdings., Inc. �4/29/2025 Kevin L. Crook o Architect Inc 0 Mi\/ A,-\ -Pr S"� A T TUSTIN, CALIFORNIA 04/29/2025 P-1 Illustrative Site Plan A-15 801 A Building 1-4 ( 8 - Plex ) - First Floor Plan CIVIL P-2 Dimensioned Site Plan A-16 801 A Building 1-4 (8 - Plex) - Second Floor Plan C-1 Site Plan P-3 Open Space A-17 801 A Building 1-V4 (8 - Plex) - Third Floor Plan C-2 Tentative Tract Map TOWNHOMES A-18 801A Building 1-4 (8 - Plex) - Roof Plan C-3 Preliminary Grading and Utility Plan A-19 801 A Building 1-4 (8 - Plex) - Front Spanish Eclectic "A"Elevation C-4 Preliminary Parking and Circulation Plan A-1 402A Building 6 (4 - Plex)- First Floor Plan A-20 801 A Building 1-4 (8 - Plex) - Rear Spanish Eclectic "A" Elevation LANDSCAPE A-2 402A Building 6 (4 - Plex)- Second Floor Plan A-21 801 A Building 1-4 (8 - Plex) - Side Spanish Eclectic "A"Elevations A-3 402A Building 6 (4 - Plex)- Third Floor Plan L-1.00 Conceptual Landscape Plan A-4 402A Building 6 (4 - Plex)- Roof Plan A-22 1005A Building 5, 8 & 9 (10 - Plex) - First Floor Plan L-1.10 Conceptual Plant Palette A-5 402A Building 6 (4 - Plex)- Front Spanish Eclectic "A" Elevation A-23 1005A Building 5, 8 & 9 (10 - Plex) - Second Floor Plan L-2.00 Maintenance Plan A-6 402A Building 6 (4 - Plex)- Rear Spanish Eclectic "A" Elevation A-24 1005A Building 5, 8 & 9 (10 - Plex) - Third Floor Plan L-3.00 Common Open Space Plan A-7 402A Building 6 (4 - Plex)- Side Spanish Eclectic "A" Elevations A-25 1005A Building 5, 8 & 9 (10 - Plex) - Roof Plan L-4.00 Conceptual Wall/Fence/Mailbox Plan A-26 1005A Building 5, 8 & 9 (10 - Plex) - Front Spanish Eclectic "A" Elevation L-4.10 Details A-8 703A Building 7 (7 - Plex) - First Floor Plan A-27 1005A Building 5, 8 & 9 (10 - Plex) - Rear Spanish Eclectic "A" Elevation L-4.20 Details A-9 703A Building 7 (7 - Plex) - Second Floor Plan A-28 1005A Building 5, 8 & 9 (10 - Plex) - Side Spanish Eclectic "A" Elevations L-5.00 Conceptual Lighting Plan A-10 703A Building 7 (7 - Plex) - Third Floor Plan L-5.10 Vehicular Lighting Concept A-1 1 703A Building 7 (7 - Plex) - Roof Plan A-29 Townhome - Sections L-6.00 Conceptual Park Enlargements A-12 703A Building 7 (7 - Plex) - Front Spanish Eclectic "A" Elevation L-6.10 Park Elements Imagery A-13 703A Building 7 (7 - Plex) - Rear Spanish Eclectic "A" Elevation A-30 Written Color Schemes & Digital Color Boards L-6.20 Conceptual Corner Plaza A-14 703A Building 7 (7 - Plex) - Side Spanish Eclectic "A" Elevations L-6.30 Plaza Elements Imagery Developer: Meritage Homes 5 Peters Canyon Road, Irvine, CA 92606 Contact: Johanna Crooker Business: (855) 588-6374 www.meritagehomes.com Kevin L. Crook Arch itect Inc m PLANNING + ARCHITECTURF Architect: Kevin L. Crook Architect, Inc. 1360 Reynolds Ave. Suite 1 10 Irvine, CA 92614 Contact: Jeff Addison Business: (949) 660-1587 www.klcarch.com K v imley)))Horn Expect More, Experience Better. Civil & Landscape: Kimley Horn 1 100 W Town and Country Road, Suite 700, Orange, CA 92688 Contact: Mike Sutton Matthew J. Durham Business: (714) 939-1030 www.Kimley-Horn.com Guest Parkins • Located at back of project to preserve streetscene along Red Hill Avenue • Provides a buffer between homes and high school sports fields • Separated from fields by block wall and landscaping to preserve privacy 1 Primary Common Recreation Area 1 • Tot Lot with fixed seating • Central gathering space with shade structure, barbecue counters, and fixed tables with seating • Open turf area for free play • See Landscape Plans for details _—�-'- - TUSTIN HIGH SCHOOL .,0 J I AN BUILDING 2 1 r :111111111110]1►ier1 ,w Community Edge • New Sounds wall to reduce noise from car wash • Overhead Utilties to be relocted underground 1�+ ION &.— V) L�l � -74, - BUILDING 3 BUILDING 8 Residential Townhomes • Three-story R-3 Townhomes • 1210-1791 square feet • 2-4 Bedrooms • 2-Car Garages in both tandem and side -by side configurations to achieve density r muL, ' I -Nit BUILDING 4 101"20 W-111 BUILDING 5 �===Mlj010101010: RED HILLAVENUE Community Entry • New Signalized intersection with continental crosswalk will provide connectivity to commercial uses across the street (Please refer to Civil plans for full intersection design) • Entry to be enhanced with focal accent trees, landscaping, special paving and community signage to announce arrival BUILDING 9 Neighbor Adjacency • Existing block walls to be protected in place and painted with anti -graffiti coating • New block wall to be provided adajcent to high-schooal • Planting to include vertical evergreen screen trees and shrubs to soften wall appearnce (See Landscpe Plans) Common Recreation Area 2 • Central gathering space with g g p barbecue and fixed tables with seating • Open turf area for free play • See Landscape Plans for details i ■ EXISTING RESIDENTIAL %a'13aC BUILDING 6 W I V) W Q Z Z 1 Cn l l •tlm ►-.�_ Summary Site Area: 3.39 acres Total Homes: 73 • (12) Plan 2532: 1,215 SF, 2 Bed, 2.5 Bath, Standard Garage • (30) Plan 1633: 1,497 SF, 3 Bed, 3 Bath, Tandem Garage • (31) Plan 1638: 1,765 SF, 4 Bed, 4 Bath, Standard Garage Net Density: 21.53 du/ac Parking Spaces Required: 160 Total Spaces • 2 bedroom units: 1.6 spaces per unit • 3 bedroom or more units: 2 space per unit • 1 guest parking space per every 4 units Parking Spaces Provided: 164 Total Spaces • 2 garage per unit = 146 • Off-street Guest = 18 Open Spaces Required: 300 SF per unit Open Space Provided: 518 per unit Notes: 1. 13751 Red Hill Ave, Tustin, CA 92780 2. A P N : 500-141-10, 500-141-09 3. Application Numbers: 2024-0002, (DR)2024-004, and (SUB) 2024-000 4. Type VB construction with NFPA 13D automatic sprinkler system. 5. Existing/Proposed General Plan, Zoning, and Specific Plan: Redhill Avenue Specific Plan 6. Inclusionary Required: 5% VL 7. Inclusionary Proposed: 5% VL 8. Density Bonus: N/A 9. Concessions/Waivers: Setbacks, open space, Incentive to eliminate the commercial requirement 10. SB330: Yes (Vesting Date: N/A) 11. CEQA: Addendum to the Specific Plan EIR San Juan Frontage • Homes are oriented toward San Juan to face and engage single family homes across the street • New street trees to be planted to enhance the existing residential neighborhood Corner Plaza • Plaza space accessible to the public welcomes visitors, engages neighbors, and activates the corner • Secondary Gateway Signage announces entry into the District • Enhanced with trees, landscaping, and more to serve the neighborhood (See Landscape Plans for details) Red Hill Avenue Frontage • Homes are designed to front along Red Hill Avenue and provide a superior street scene • Front doors and porches face the sidewalk to create a welcoming and pedestrian friendly corridor • Second story balconies and windows face the street to support "eyes -on" security and further activate the district • New on -street parking bays add addtional parking for the Disttrict • Expanded parkways with trees will grow to provide shade, beauty, and comfort to new sidewalks and Class II bike lanes, promoting walking and biking Kimley)))Horn Illustrative Site Plan � I ITCH MLA Holdings. inc.�.0 0 Z zw I 0:�m w LL-z m V I-)Q -PROP. RAISED MEDIAN INTERSECTION TO BE SIGNALI TUSTIN HIGH -I.I- Dimensioned S e• • ite Plan LO A,%BP: 33+15. 36+66, Development Standard Required per RHASP Proposed RHASP Table 4-3 A. Minimum • 100 feet • San Juan: 123 feet Required Street • Red Hill: 585 feet Frontage/Lot Width B. Maximum • 4 stories and 50 feet for • 37 feet (3 stories) Building Height mixeduse • 3 stories and 40 feet C. Front Yard • None with required pedestrian • None with a (Building) Setback accessible amenities combination of • 5-foot (aggregate) setback porch and landing above the second story; frontages • Addtional upper story • 5-foot aggregate setbacks may be imposed setback with the during design review process. includion of upper story balconies D. Side Yard • 10 feet • 10 feet Interior Setback E. Side Yard • None with required pedestrian • None with a (Corner/Street accessible amenities combination of Side) Setback • None with required frontage porch and landing style or porch, courtyard, or frontages landing F. Rear Yard • 10 feet • 10 feet G. Building • 10 feet • 22 feet Separation (freestanding buildings containing residential and adjacent building s H. Open Space 1. 100 SF per unit x 73 = 7,300 Approximately 518 SF 1. Private 2. 200 SF per unit x 73 = 14,600 per unit combined 2. Common P. Or 300 SF per Unit Combined (see page L-3.00) RHASP Table 4.4 Parking Standards Resident Parking 2 bed: 1 space/unit • 146 spaces • 3 or more bed: 2 spaces/unit 2.0 space/unit) Guest Parking 1 guest space per 4 units • 18 spaces 1. Keduced through Density Bonus Law (DBL) Parking Ratios D I{ 30 4D 6 15 14 TRJ STI N V IGH ISCHOOLO 9 8 7 6 5 UL1 M � ® 91 � ;i � 'Ea � 1 1 � ® ® $� ® 12 - p ❑ out LNG 2 eia� I ■ ■ ■ Lull � i I:J �w VIM ti ti r I J� Rec Area 1 lea* MCC]' - 1� � � �1 � L • I1 � L � i • r - r f ■ w E I TI RESIDENTIAL NAM Fist FIw RED H ILL AVENU E L _ Z Flm 311 4SF Note: No open space occurs on the Third Floor -F1.1 : F F r , � Flm IBM DD 9F L .. y Open Space 'A AWE Total Homes: 73 Useable Open Space Required: 200 SF per unit combined = 14,600 SF Useable Open Space Provided: 425 SF per unit = 31,016 SF (see table below for detailed break down) Private Open Space Plan No. SF per unit No. of units Total Private open space 2532 1633 1638 73 96 198 12 30 31 876 2,880 3,069 Total Private 6,825 Common Open Space (Maintained by HOA) Area SF Amenity Areas 11,876 Common Areas 19,140 Total Combined Open Space 319016 N� Lt i - • Ic 30 4) � I ITCH MLA Holdings. inc.�.0 C'7 LO OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638X.2R 1,765 S.F. 4 BDRM., 4 BATH .. . f I I II I I II I I II I I II I UNIT 1633.1 R 1,497 S.F. 3 BDRM., 3 BATH UNIT 1633.2 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638X.1 1,765 S.F. 4 BDRM., 4 BATH T 0 W N H 0 M E 402A BUILDING b (4-PLEX) FIRST FLOOR PLAN CALIFORNIACC)MPASS, AT 04/29/2025 A-i i i i i I 0 2 4 8 12 Kevin L. Crook 0' o Arch itect q N Inc 14# PLANNING + ARCHITECTURE OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS r------------------------------------------------------- I I I I I UNIT 1638X.2R UNIT 1633.1 R UNIT 1633.2 I r------------------------------------------------------� I I I I I I I I T 0 W N H 0 M E 402A BUILDING b (4-PLEX) SECOND FLOOR PLAN CALIFORNIACOMPASS AT UNIT 1638X.1 04/29/2025 A-2 i i i i I 0 2 4 8 12 Kevin L. Crook 0' o Arch itect q N Inc 14# PLANNING + ARCHITECTURE OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638X.2 R UNIT 1633.1 R UNIT 1633.2 UNIT 1638X.1 T 0 W N H 0 M E 402A BUILDING b (4-PLEX) THIRD FLOOR PLAN COMPASS AT TUSTIN - CALIFORNIA 04/29/2025 A-3 i i i i I 0 2 4 8 12 Kevin L. Crook o Arch itectIq N Inc PLANNING + ARCHITECTURE OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638X.2 R UNIT 1633.1 R UNIT 1633.2 UNIT 1638X.1 T 0 W N H 0 M E 402A BUILDING b (4-PLEX) ROOF PLAN COMPASS AT CALIFORNIA 04/29/2025 A-4 i i i i I 0 2 4 8 12 Kevin L. Crook �' o Arch itect Inc PLANNING + ARCHITECTURE OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638X.2R UNIT 1633.1 R UNIT 1633.2 aONE 10aIDA►/A�11130101 COLOR SCHEME 1 T 0 W N H 0 M 402A BUILDING 6 SPANISH ECLECTIC "A" UNIT 1638X.1 E (4-PLEX) ELEVATION COMPASS AT TUSTIN - CALIFORNIA 04/29/2025 A-5 Kevin L. Crook o Arch itect 0 N Inc PLANNING + ARCHITECTURE 19010 I C'F.F. -' . T.O.P. F.F. OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS on 0 0 UNIT 1638X.1 R Et. 0 UNIT 1633.2 [®J UNIT 1633.1 R I:,WAkl:laaI0►IAR110321 COLOR SCHEME ] T 0 W N H 0 M 402A BUILDING 6 SPANISH ECLECTIC "A" n f� 0 UNIT 1638X.2R E (4-PLEX) ELEVATION COMPASS, AT i. CALIFORNIA p 04/29/2025 A-6 Kevin L. Crook 0' o Arch itect 0 N Inc 14# PLANNING + ARCHITECTURE UNIT 1638X.2R OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS n COLOR SCHEME 1 T 0 W N H 0 M 402A BUILDING 6 SPANISH ECLECTIC "A" r® E (4-PLEX) ELEVATIONS COMPASS AT 0 0 TUSTIN - CALIFORNIA p 3 UNIT 1638X.1 I:14Eel :INaIMAIL 110121 04/29/2025 A-7 Kevin L. Crook o Arch itect N Inc 14# PLANNING + ARCHITECTURE UNIT 1638Y.1 1,765 S.F. 4 BDRM., 4 BATH OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS I r I r i r I I I I I I I I I I I I I I I I I I I I I I UNIT 1633.1 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638.2 1,765 S.F. 4 BDRM., 4 BATH UNIT 1633.2 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638.1 1,765 S.F. 4 BDRM., 4 BATH T 0 W N H 0 M E 703A BUILDING 7 (7-PLEX) FIRST FLOOR PLAN C(OMPASS AT � TUSTIN - CALIFORNIA UNIT 1633.1 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638X.2 1,765 S.F. 4 BDRM., 4 BATH 04/29/2025 A-8 Kevin L. Crook o Arch itect N Inc 14# PLANNING + ARCHITECTURE r-------------------- OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638Y.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 T 0 W N H 0 M E 703A BUILDING 7 (7-PLEX) SECOND FLOOR PLAN COMPASS AT TUSTIN - CALIFORNIA 04/29/2025 A-9 i i i i I 0 2 4 8 12 Kevin L. Crook o Arch itect Iq N Inc PLANNING + ARCHITECTURE F1 BEDRM. 2 1 F-5" x 10'-2" .E. 60'x32' BATH 2 El SHov6r/ER BEDRM. 2 i-I ---?1 12'-1' xl0'-10" I LWASHER/ I LAU. sa"x32' BATH 2 DRYER I TUB/ I i SHOWER 0] r- ---� LAU. WORK/i .A.G. i t STUDY i ; HALL 'WASHER/� F DRYER 30"x30" j SHOWER A A` i MM It FTVA.A. F.A.0 . BATH 0 L____ _OPRIM.so"x34' SHOWER --- ---C� O BATH OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS ❑ MU jR.A.G] PRIM. 15-11 M. BEDRM 12'-4" x 14'-4" R.A.G. i `, i L--- � HALL 60'x32' BATH 2 SHov6r/ER L If WORK/ STUDY 01 BEDRM. 2 12'-0" x10'-10" FE P�- CL] i���111111 ----- - 0 i —U = j,J PRIM. BATH 0 1I— lml��,� 11111mill 1111111r= 1 R.A.G. L PRIM. 15'-11 UNIT 1638Y.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 T 0 W N H 0 M E 703A BUILDING 7 (7-PLEX) THIRD FLOOR PLAN COMPASS AT TUSTIN - CALIFORNIA 04/29/2025 A-1 0 i i i i I 0 2 4 8 12 Kevin L. Crook o Arch itectIq N Inc PLANNING + ARCHITECTURE OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638Y.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 T 0 W N H 0 M E 703A BUILDING 7 (7-PLEX) ROOF PLAN COMPASS AT CALIFORNIA 04/29/2025 A-1 I Kevin L. 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Crook o Architect N Inc 1 PLANNING + ARCHITECTURE UNIT 1638Y.1 1920101011612 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS COLOR SCHEME 2 T 0 W N H 0 M 703A BUILDING 7 SPANISH ECLECTIC "A" C] E (7-PLEX) ELEVATIONS CALIFORNIACOMPASS AT { � 4 UNIT 1638X.2 I:,4Eel :10aIVI►/A�1113001 04/29/2025 A-1 4 I Kevin L. Crook 0' o Arch itect 0 N Inc 14# PLANNING + ARCHITECTURE Q N LL LO (V') c/) N LN F— N� z �rV � m N A/C U NIT 2532X.1 R 1,215 S.F. 2 BDRM., 2.5 BATH OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1633.2 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638.1 1,765 S.F. 4 BDRM., 4 BATH 127'-8" UNIT 1633.1 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638.2 1,765 S.F. 4 BDRM., 4 BATH T 0 W N H 0 M E 801 A BUILDING 1-4 (8-PLEX) FIRST FLOOR PLAN CALIFORNIACOMPASS AT UNIT 1633.2 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638X.1 1,765 S.F. 4 BDRM., 4 BATH 04/29/2025 A-1 5 �o L0 Kevin L. Crook 0' o Arch itect q N Inc 14# PLANNING + ARCHITECTURE N (y) L0 N Z I r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- I I I I I I I U NIT 2532X.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638X.1 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E 801 A BUILDING 1-4 (8-PLEX) SECOND FLOOR PLAN COMPASS AT f/ !' CALIFORNIA 04/29/2025 A-1 6 i i i i I 0 2 4 8 12 Kevin L. Crook �' o Arch itect Inc PLANNING + ARCHITECTURE N co N Z U NIT 2532X.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638X.1 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E 801 A BUILDING 1-4 (8-PLEX) THIRD FLOOR PLAN COMPASS AT TUSTIN - CALIFORNIA 04/29/2025 A-1 7 i i i i I 0 2 4 8 12 Kevin L. Crook o Arch itectIq N Inc PLANNING + ARCHITECTURE �I N (y) L0 N Z U NIT 2532X.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638X.1 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E 801 A BUILDING 1-4 (8-PLEX) ROOF PLAN COMPASS AT f/ !' CALIFORNIA 04/29/2025 A-1 8 Kevin L. Crook �' o Arch itect Inc PLANNING + ARCHITECTURE -ram• �---mow~ ft it iw wrw rq���M■!� eA! a r�4 K= r;< iia« �+�e,._:y,..r :. .�� ■ A!■! l�iM ! 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Crook 0' o Arch itect q N Inc 14# PLANNING + ARCHITECTURE WERE UNIT 2532.1 R ral ma IIaamaIDOWN 116121 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS u UNIT 2532X.1 R COLOR SCHEME 1 T 0 W N H 0 M E 801 A BUILDING 1�4 (8-PLEX) SPANISH ECLECTIC "A" ELEVATIONS COM/PASS AT TUSTIN - CALIFORNIA UNIT 1 638X.1 I:�[e]:1rQ I An, I[*] off 04/29/2025 A-21 Kevin L. Crook Arch itect o N Inc 14# PLANNING + ARCHITECTURE c'7 I I I I I I I I I I I I I I I I UNIT 1638X.1 R UNIT 1633.2R UNIT 1638.2R UNIT 1633.1 R UNIT 1638.1 R UNIT 1633.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 1,765 S.F. 1,497 S.F. 1,765 S.F. 1,497 S.F. 1,765 S.F. 1,497 S.F. 1,497 S.F. 1,765 S.F. 1,497 S.F. 1,765 S.F. 4 BDRM., 4 BATH 3 BDRM., 3 BATH 4 BDRM., 4 BATH 3 BDRM., 3 BATH 4 BDRM., 4 BATH 3 BDRM., 3 BATH 3 BDRM., 3 BATH 4 BDRM., 4 BATH 3 BDRM., 3 BATH 4 BDRM., 4 BATH OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E 1005A BUILDING 5,8 & 9 (10-PLEX) FIRST FLOOR PLAN COMPASS AT TUSTIN - CALIFORNIA 04/29/2025 A-22 i i i i I 0 2 4 8 12 Kevin L. Crook o Arch itectIq N Inc PLANNING + ARCHITECTURE r------------------------------------------------------- 1 I I I I I I I I I I I I UNIT 1638X.1 R UNIT 1633.2R UNIT 1638.2R UNIT 1633.1 R UNIT 1638.1 R OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1633.1 R UNIT 1633.2 T 0 W N H 0 M E I 005A BUILDING 5,.8 & 9 (10-PLEX) SECOND FLOOR PLAN COMPASS AT CALIFORNIA UNIT 1638.1 UNIT 1633.1 04/29/2025 A-23 I r------------------------------------------------------� I I I I I I I I I I I I I I I I I UNIT 1638X.2 Kevin L. Crook �' o Arch itect Inc PLANNING + ARCHITECTURE UNIT 1638X.1 R UNIT 1633.2R UNIT 1638.2R UNIT 1633.1 R UNIT 1638.1 R UNIT 1633.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E 1005A BUILDING 5.,8 & 9 (1 0-PLEX) THIRD FLOOR PLAN COMPASS AT TUSTIN - CALIFORNIA 04/29/2025 A-24 i i i i I 0 2 4 8 12 Kevin L. 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Crook �' o Arch itect c' Inc PLANNING + ARCHITECTURE NO ■ese=-. , ���e�*�� tom! In - Men eHomes OD IIIIIIIIIIII I �l�I � IIII'�'� iiiiiiiiiiii -' ���' II Ilillllll� Ii ❑ r^ W% ItAM MLC Holdings,, Inc. c UNIT 1638X.2 UNIT 1633.1 U NIT 1638.1 UNIT 1633.2 UNIT 1633.1 R OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS l:,WA�:laaIVA►I kvIC*72I COLOR SCHEME 2 UNIT 1638.1R UNIT 1633.1 R T 0 W N H 0 M E 1005A BU I LDI N G 5,8 & 9 (1 0-P LEX) SPANISH ECLECTIC "A" ELEVATION COMPASS AT - 4 - TUSTIN - CALIFORNIA UNIT 1638.2 R UNIT 1633.2R 04/29/2025 A-27 U NIT 1638X.1 R Kevin L. Crook o Arch itect c' N Inc 14# PLANNING + ARCHITECTURE UNIT 1638X.1 R IlQlrQlVA►►'M 0] off OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS COLOR SCHEME 2 T 0 W N H 0 M 1005A BUILDING 5,8 & SPANISH ECLECTIC "A" E 9 (10-PLEX) ELEVATIONS COMPASS AT'01 TUSTIN - CALIFORNIA UNIT 1638X.2 04/29/2025 A-28 Kevin L. Crook o Arch itectIq N Inc PLANNING + ARCHITECTURE UNIT 1633 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 2532 TOWNHOME - SECTIONS COMPASS AT TUSTIN - CALIFORNIA UNIT 1638 04/29/2025 A-29 i i i i I 0 2 4 8 12 Kevin L. Crook o Arch itectIq N Inc PLANNING + ARCHITECTURE COMPASS AT RED HILL TUSTIN, CA SPANISH ECLECTIC "A" SCHEME 1 SCHEME 2 STUCCO 1 1503 1572 STUCCO PAINT MATCH' SW 7028 INCREDIBLE WHITE RGB 255/255/255 STUCCO 2 SW9084 SW9169 (WAINSCOT / 1ST FLOOR COCOA WHIP CHATURA GRAY STUCCO ENTRIES) FASCIA / TRIM / SW6083 SW6075 GARAGE DOOR SABLE GARRET GRAY FRONT DOORS / SW2839 SWO032 SHUTTERS RYCRFT COPPER RED NEEDLEPOINT NAVY SW6061 SW6061 CLAY PIPES TANBARK TANBARK SW7675 SW7675 WROUGHT IRON SEALSKIN SEALSKIN EAGLE ROOF: LOW 2636 2606 PROF. 'IS" MALIBU PIEDMONT BLEND VALLEJO RANGE NEWPOINT ROOF: LOW 1VICS3182 1VICS6464 PROF. 'IS" VILLA GARNET BLEND CA MISSION BLEND STACKED STONE STACKED STONE STONE: SANTA FE CHAPEL HILL DECORATIVE TILE: SANTA BARBARA SANTA BARBARA 4.25" x 4.25" ITEM #30984 ITEM #30798 CERAMIC TILE: RUBY GLOSS SB NOCTURNAL SEA TERRA NOVA MEDITERRANEO 4.25" x 4.25" ITEM #30612 ITEM #80716 GUTTERS: RUSTIC BROWN RUSTIC BROWN ALL FLASHING, GUTTERS, DOWNSPOUTS ETC. TO BE PAINTED TO MATCH ADJACENT SURFACE. *** For photoshop renderings only, do NOT use in the field PROJECT 24005 CREATED 6/12/24 Planning Rev. 12/3/24 STUCCO: OMEGA SHERWIN PAINT: WILLIAMS CONCRETE EAGLE / ROOF: WESTLAKE GUTTERS: RGS DECORATIVE TIERRA Y TILE: FUEGO TIERRA Y CERAMIC TILE: FUEGO STONE: ELDORADO Kevin L. Crook Architect I n c PLANNING + ARCHITECTURE SPANISH ECLECTIC "A" SCHEME #1 000 } O Ua LL 0 LU z O N U) Cn z DECORATIVE TILE OU -0 0"w a U 0 0 a — �LU o� Q ~ cn Q Q I— Ln U U CC Z L L CC COMPASS AT RED HILL Kevin L. Crook Architect Meritage #24005 TUSTIN, CA DEC.3,2024 ., I,.I,, , Inc SPANISH ECLECTIC "A" SCHEME #2 1 O rn LL Cn 27, - .._� ----f. ;-. — z 4 z. N Cn C z DECORATIVE TILE OU -0 �w a U 0 0� a — �LU 0� Q ~ cn QQ Cn U j U CC Z Cr L L COMPASS AT RED HILL Kevin L. Crook Architect AN,■ • - #24005 Inc TUSTIN, CA DEC. 3,2024 PLANNING + ARCHITECTURE WRITTEN COLOR SCHEMES DIGITAL COLOR BOARDS COM/PASS AT' TUSTIN - CALIFORNIA 04/29/2025 A-30 Kevin L. Crook o Arch itect CV Inc PLANNING + ARCHITECTU R E CITY OF TUSTIN SITE PLAN co L c� G L Y T Ln LP N O N O L Q Q 0 T z Q F- z LLI O Ld w 0 Ld O O O U Q) / 0 Q U / U J rn 0 �o N Lf") / I i cy / 0 0 N N O C N E U O a In U-HAUL MOVING & STORAGE PRIVATE ROAD A UTILITY EASEMENT GO GREEN EXPRESS CAI WASH -PROP. RAISED MEDIAN PER RHASP 0 z� az oLd a:2 O ;d INTERSECTION TO BE SIGNALIZ TUSTIN HIGH TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES �I A.BP: 33+15.28 36+66.00 GRAPHIC SCALE IN FEET 0 15 30 60 Q �- LL PROJECT SIT 2 qti o ti L� VICINITY MAP NOT TO SCALE LEGEND PROJECT BOUNDARY PROPOSED LOT LINES PROPOSED EASEMENT EXISTING CENTERLINE — EXIST. RIGHT OF WAY EXIST. PARCEL LINE EXIST. EASEMENT — — — — — — — — PROP. FACE OF CURB EXIST. FACE OF CURB ADA PATH OF TRAVEL �D PROP. TRANSFORMER F-1 AC COMPRESSOR CONDOMINIUM UNIT NUMBER PROPOSED TRAFFIC SIGNALS TUSTIN .ANCH P' CITY OF TUSTIN co a) Y Q Eo N 0 N Q Q 0 0 0) I cQ G w > Q z w I u / Q 0 a� / 0 Q c� v J I rn 0 co N > w I > ry / a� c C 0 6 vi a U O Q a 0 E 0 _ T ;_ 'n 0 .s O C a U 0 a a a E O :_ Y 0 a a a 0 0 0 N 0 -10 5 0 3 OU C Z 0 � Qn a U E J w o C 3 LEGEND a O in PROJECT BOUNDARY n PROPOSED LOT LINES U PROPOSED EASEMENT n EXISTING CENTERLINE EXIST. RIGHT OF WAY 0 PROP. FACE OF CURB c �■R0109361us] well] :N S,, PROP. TRANSFORMER o CONDOMINIUM UNIT NUMBER c a c O a N c PROP FACE a OF BUILDING a 0 RW 0 5' U ,= 3 (z 0 oz zw 0 cn - O w o' >_ bj I— J FIT >> AID 5001411- J 0_ J T m 0 M n - c� ^ _z Y Q N 0- N APN: 50014119 U-HAUL MOVING TUSTIN HIGH SCHOOL & STORAGE � ❑3 ADA I ===L �I ® � 12 ADA 0)❑It 4 BUILDING 1 BUILDING 2 z o- wl w N N b. Z 4 HIP. ADA 24' PRIVATE ROAD AND ) 0 Nmi Z 6 15 PUBLIC UTILITY EASEMENT I 12' 12' ® ® LOT 3.32 1 AC 16 9' z___N 29' EXIST. DRIVE AISLE APN: 50014111 GO GREEN EXPRESS CAR BU LDIN 3 7 WASH ® w 47 48 49 50 51 52 53 ® i' _ F PROP FACE OF BUILDING RW 5' INTERSECTION TO BE SIGNALIZED APN: 50002204 C TENTATIVE TRACT MAP TENTATIVE TRACT MAP 19361 — COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES APN: 50014118 N40°40'11"E 463.75' STREET 'B' LJ r 33 ADA 34t w w � 38 BUILDING 5 24' PRIVATE ROAD, EMERGENCY VEHICL AND PUBLIC UTILITY EASEMENT 12' 12' 40 1 41 0 0 N ro W M' N V APN: 50014107 APN: 50014108 (NOT A PART) N40'40'11"E 149.00' 2' EX. F ®®®® IRRIGATION ❑ 24' i / ESMT 12' 12' 43 ADA N IN Ico 0- z~ 24 ® 31 32 L 1 W 44 I 07 N w BUILDING 6 I N Z z z N bi m z ® 42 I Of 45 N a N w o_ D w ❑ I ®®®®® Z L -1N STREET 'A' EX. LOT LINE T 46 V) MERGE OUT 1 cn N N40°40'21"E 58.26' 40' EX. PVMT Lo z I L= 0 Q w BUILDI G 8 BU LDI G 9 � o �� I I E E LOT A U� mw 1 � �Q 54 55 56 57 58 59 60 61 62 63 ® 1 64 65 66 67 68 69 70 71 72 73 0.07 AC m LU z go z Z �� -1 N EE i o°° ❑ �tx 0)S40°40'21 "W 554.47' S40'40'22"W 31.28'- U.1 U LL_ N o_ X —w 00 �l U U- NO APN: 50002212 F,�' �B -3 111- 00 W Lei m ----- Lo SIGHT TRIANGLE RED HIL S40°40'21 "W-660.75' --—— — —— 60' R0A FC EX. RW 9' 3' 42' 42' 7' PARKING B FFE 6 10' 10' 11' 5.0' 5.0' 10' 10' 11' 6' BIKE THRU THRU-1THRU BIKE LANE THRU LANE THRU LANEr LANE LANE THRU LANE LANE LANE P�Ej z.o% -- �_- - __=== ====—=3� ---______ _ PROP PVMT EXISTING ASPHALT RAISED MEDIAN PER RHASP EXISTING ASPHALT EX SWLK VALLEY GUTTER PARKING BAYS RED HILL AVE. - ARTERIAL- - TYPICAL- SECTION(WITH PARKING VERT CURB N.T.S. EX 6" C&G CLASSIFICATION: MAJOR ARTERIAL SWLK ROAD FC EX. RW 42' _I_ 7' 6 10' 10' 11' 5.0' 5.0' 10' 10' 11' 6' BIKE THRU LANE THRU LANE THRU THRU�—THRU—jBIKE LANE LANE --- - LANE THRU LANE LANE LANE Sz.oso +, - -- —� T-- =__= PROP PVMT EXISTING ASPHALT RAISED MEDIAN PER RHASP EXISTING ASPHALT PROP 8" C&G EX SWLK LANDSCAPING RED HILL AVE. ARTERIAL TYPICAL SECTION (NO PARKING SWLK N.T.S. EX 6" C&G CLASSIFICATION: MAJOR ARTERIAL PN: 50002211 APN: 50002207 ❑ FACE OF BUILDING 24'ROAD PRIVATE ROAD, FACE OF BUILDING EMERGENCY VEHICLE, AND PUBLIC UTILI Y EASEMENT 3' 12'BCTO12'BCTO3' FLUSH CURB FLUSH CURB PROP PVMT PROP PVMT INTERIOR STREETS TYPICAL SECTION N.T.S. APN: 50008201 APN: 50008202 APN: 50008225 APN: 50008224 APN: 50008223 �O GRAPHIC SCALE IN FEET 0 15 30 60 FACE OF BUILDING PROJECT BOUNDARY 40' EXISTING PAVEMENT EX. RW ROAD 20' FC TO 20' FC TO 10.0' 10.0' 10.0' 10.0' 8'-10' 4' 9 -19 THRU THRU THRU THRU 10' 4' LANE LANE LANE LANE i =3 ----Z— EX SWLK EX PVMT 2 EX 6" C&8 TO REMAIN SAN JUAN ST ARTERIAL TYPICAL SECTION N.T.S. CLASSIFICATION: MINOR ARTERIAL OWNER EXISTING EASEMENTS PER COMMITMENT FOR TITLE INSURANCE, OWNER IS AN EASEMENT IN FAVOR OF SANTA ANA VALLEY LISTED AS: SPACE-IAG-I, LLC C/O MERITAGE HOMES IRRIGATION COMPANY FOR A PIPELINE AND RIGHT OF WAY 5 PETERS CANYON ROAD, SUITE 310 AND INCIDENTAL PURPOSES, PER DOCUMENT RECORDED IRVINE CALIFORNIA 92606 OCTOBER 17, 1919 IN BOOK 344 OF DEEDS, PAGE 89. ATTN: JOHANNA CROOKER (PLOTTED HEREON). PHONE: (949)299-3847 EMAIL: JOHANNA.CROOKER@MLCHOLDINGS.NET ZONING DEVELOPER EXISTING: RED HILL AVENUE SPECIFIC PLAN DISTRICT MERITAGE HOMES NO ZONING CHANGE IS BEING PROPOSED 5 PETERS CANYON ROAD, SUITE 310 IRVINE CALIFORNIA 92606 LAND USE ATTN: JOHANNA CROOKER PHONE: (949)299-3847 EXISTING: VACANT EMAIL: JOHANNA.CROOKER@MLCHOLDINGS.NET PROPOSED: MULTI -FAMILY RESIDENTIAL ENGINEER AREA SUMMARY KIMLEY HORN & ASSOCIATES, INC. TOTAL AREA: 3.38 ACRES 3801 UNIVERSITY AVE, SUITE 300 EXISTING LOTS: 2 RIVERSIDE, CA 92501 TOTAL PROPOSED LOTS: 2 ATTN: KIRK MYERS, PE, PLS LOT 1 - 3.32 ACRES FOR CONDOMINIUM PURPOSES RICE 71470 LOT A - 0.07 ACRES FOR OPEN SPACE. LOT A TO BE PHONE: (951) 543-9868 RETAINED BY HOA WITH EASEMENT FOR PUBLIC USE. EMAIL: KIRK.MYERS@KIMLEY-HORN.COM PROPOSED BUILDINGS: 9 RESIDENTIAL UNITS: 73 BUILDING FOOTPRINT AREA: 1.44 AC PRIVATE STREET AREA: 0.94 AC UTILITY PROVIDERS WATER: TUSTIN WATER DEPARTMENT *NOTE: THIS PROJECT DOES NOT PROPOSE ANY PUBLIC RIGHT-OF-WAY DEDICATIONS SEWER: ORANGE COUNTY SANITATION DISTRICT & EAST ORANGE COUNTY SANITATION DISTRICT STORMWATER: CITY OF TUSTIN ELECTRICITY: SOCAL EDISION GAS: SOCAL GAS TELECOM: AT&T / COX COMMUNICATION *NOTE: • ON -SITE WATER SHALL BE PRIVATE. • ALL UNITS TO HAVE SEWER AND WATER SERVICES INDIVIDUALLY. • BUILDING 6 (UNITS 43-46) WILL HAVE WATER AND SERVICE DIRECTLY FROM SAN JUAN ST., ALL OTHER UNITS WILL BE SERVICES IN -TRACT. • ON -SITE STORM SHALL BE PRIVATE. • ON -SITE SANITARY SEWER SHALL BE PRIVATE. BENCHMARK ELEVATIONS FOR THIS SURVEY ARE BASED ON ORANGE COUNTY PUBLIC WORKS BENCHMARK NO. 3A-133-15, BENCHMARK BEING A 4" ALUMINUM DISK STAMPED "3A-133-1511, LOCATED IN SW'LY CORNER OF A 4'X15' CATCH BASIN IN THE NW'LY QUADRANT OF THE INTERSECTION OF NEWPORT AVENUE AND EAST MAIN STREET, 45' W'LY OF THE CENTERLINE OF NEWPORT AVENUE, 150, N'LY OF THE CENTERLINE OF EAST MAIN STREET, 19' S'LY OF STREET LIGHT #2096106E, IN THE CITY OF TUSTIN, CALIFORNIA: ELEVATION 123.214 FEET (NAVD88) BASIS OR BEARING BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATIONS GPS 6525 AND GPS 6035R1 BEING NORTH 22030'03" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. LEGAL DESCRIPTION PER COMMITMENT FOR TITLE INSURANCE ORDER NO. NCS-1209745-SAl DATED FEBRUARY 20, 2024, PREPARED BY FIRST AMERICAN TITLE COMPANY, THE SUBJECT PROPERTY IS DESCRIBED AS FOLLOWS: THE LAND REFERRED TO HEREIN BELOW IS A FEE AS TO PARCEL B AND PARCEL 1 OF PARCEL A, AND AN EASEMENT AS TO PARCELS 2, 3, AND 4 OF PARCEL A, AND IS SITUATED IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 1: PARCEL 2 OF PARCEL MAP, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 52, PAGE 36 OF PARCEL MAP RECORDS OF SAID COUNTY. PARCEL 2: A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936, PAGE 835 OF OFFICIAL RECORDS AND DESCRIBED AS IN, ON AND OVER THE SOUTHWESTERLY 15.00 FEET OF THE SOUTHEASTERLY QUARTER OF THE NORTHEASTERLY HALF OF LOT 31 ON BLOCK 12 OF THE IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 3: A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936, PAGE 837 OF OFFICIAL RECORDS AND DESCRIBED AS IN, ON AND OVER THE NORTHEASTERLY 15.00 FOOT OF THE SOUTHEASTERLY 200.00 FEET OF THE SOUTHWESTERLY (SEE NOTE BELOW) ONE HALF OF LOT 31 IN BLOCK 12 OF THE IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. (NOTE: COMMITMENT FOR TITLE INSURANCE AND VESTING GRANT DEED INCORRECTLY USE "SOUTHEASTERLY" WHERE "SOUTHWESTERLY" IN UNDERLINED ABOVE) PARCEL 4: A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936, PAGE 841 OF OFFICIAL RECORDS AND DESCRIBED AS IN, ON AND OVER THE NORTHEASTERLY 15.00 FEET OF THE NORTHWESTERLY 150.00 OF THE SOUTHEASTERLY 350.00 FEET SOUTHWESTERLY HALF OF LOT 31 IN BLOCK 12 OF THE IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCEL 1, AS PER FILED IN BOOK 52, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY ORANGE, STATE OF CALIFORNIA. APN: 500-141-10 AND 500-141-09 FLOOD NOTE PER FEMA FLOOD INSURANCE RATE MAP NO. 06059CO277J WITH AN EFFECTIVE DATE OF DECEMBER 3, 2009, THE SUBJECT PROPERTY IS WITHIN "ZONE X", (AREAS OF 2.0% ANNUAL CHANCE FLOOD- AREAS OF 1 % ANNUAL CHANCE FLOOS WITH AVERAGE DEPTHS LESS THAN ONE FOOT OR WITH DRAINAGE AREAS LESS THAN ONE SQUARE MILE- AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD). CITY OF TUSTIN PRELIMINARY GRADING AND UTILITY PLAN U) a) 0- N Lo N 0 N L Q Q 0 CD z_ 0 NQ L.L c� w I U / Q 0 0 c a) 0 Q U aD U I rn 0 (9 N rn > w 0 I > cy / a� E 0 c c 0 U N 0 c E i c a C7 a c n c a 0 U 0 O U E U O a �W APN: 50014119 EX. POWER POLES AND OVERHEAD LINES TO BE UNDERGROUNDED APN: 50014111 r / I EX. POWER POLES AND OVERHEAD LINES TO BE UNDERGROUNDED w FACE OF BUILDING EX. TREE TO -BE -REMOVED (TYP) APN: 50002204 : 3' 1 12'BCTO12'BCTO� (±2.0%)� �(±2.0%) PROP. FLUSH CURB O FACE OF BUILDING 3' TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES o" INTERSECTION TO BE SIGNALIZED PROP. PVMT I 5 To 6 TO PROP. FLUSH CURB PROP. 8" WATER LINE o PROP. PVMT PROP. 8" SANITARY ,,,� SEWER LINE PROP. STORM_x DRAIN LINE RTER OR STREETS TYP CAE SECTOR N.T.S. ROAD PROP. 6" C&B PROP. PVMT 0 • APN: 50002212 �I I — SEWER LINE OPERATED BY OC SANITATION. UILDI' FACE OF BUILDING P. FLUSH CURB PVMT PROP. 8 WATER LINE P PROP. STORM PROP. 8" SANITARY DRAIN LINE SEWER LINE LATER OR STREETS TYPCAL SECTOR 3' 12'BCTO� APN: 50014107 12.0' 21' FC TO 9.0' 5' PARALLEL PARKING (±2.0%)� I �(±2.0%) a PROP. FLUSH CURB 6' To 5' TO Q—PROP. 8" WATER LINE PROP. PVMT L--1 PROP. 8" SANITARY SEWER LINE RTER OR STREETS TYP CAL SECT OR N.T.S. N.T.S. LEGEND PROJECT BOUNDARY PROPOSED LOT LINES EXIST. CENTERLINE - EXIST. RIGHT OF WAY BP: 33+15.28 PROPOSED EASEMENT EXIST. EASEMENT - - - - - - - - EXIST. PARCEL LINE PROP. FACE OF CURB EXIST. FACE OF CURB PROP. WATER LINE PROP. SEWER LINE APN:50008201 PROP. STORM LINE PROP. FIRE HYDRANT EXIST. SEWER LINE EXIST. WATER LINE EXIST. GAS LINE o EXIST. STORM LINE M LOT NUMBER LABEL APN:50008202 PAD NUMBER LABEL xxx PROP. MANHOLE CATCH BASIN o EXIST. CONTOUR PROP. CONTOUR LABEL XXX APN: 50008225 PROP. TRANSFORMER WQMP STORAGE CHAMBERS O107 L Lo APN:50008224 PROPOSED TRAFFIC SIGNALS M / 20') - FC ABBREVIATIONS APN: 50008223 EX. 8" SS LINES e OPERATED BY EOCWD. 36+66.00 PROJECT BOUNDARY PROP. 6" C&B -PROP. PVMT FH FIRE HYDRANT PROP PROPOSED MWS MODULAR WETLAND STRUCTURE TYP TYPICAL CENTERLINE HP HIGH POINT LP LOW POINT FS FINISHED SURFACE PE PAD ELEVATION RET RETAINING WALL EX. EXISTING GB GRADE BREAK ASSESSOR'S PARCEL NO APNS: 50014110, 50014109 ESTIMATED EARTHWORK QUANTITIES CUT: 2,400 CY FILL: 3,100 CY NET: 700 CY (FILL) NOTE: THE EARTHWORK QUANTITIES ABOVE ARE FOR PERMIT PURPOSES ONLY. THE CONTRACTOR IS NOT AUTHORIZED TO USE THE ESTIMATES HEREIN FOR BIDDING AND CONSTRUCTION PURPOSES WITHOUT THE EXPLICIT WRITTEN PERMISSION OF THE ENGINEER OF RECORD. NO REPRESENTATIONS OF SUCH QUANTITIES OR A BALANCED SITE CONDITION ARE MADE BY THE ENGINEER OF RECORD. UNLESS EXPLICITLY STATED OTHERWISE HEREIN, THE ABOVE QUANTITIES ARE APPROXIMATE, IN PLACE VOLUMES CALCULATED FROM THE EXISTING GROUND TO THE PROPOSED FINISHED GRADE. EXISTING GROUND IS DEFINED BY THE CONTOURS AND SPOT GRADES ON THE BASE SURVEY. PROPOSED FINISHED GRADE IS DEFINED AS THE FINAL GRADE AS INDICATED ON THE GRADING PLAN(S) AS FINISHED GROUND, FINISHED SURFACE, AND FINISHED FLOOR ELEVATIONS. UNLESS EXPLICITLY STATED OTHERWISE HEREIN, THE ABOVE GRADING QUANTITIES HAVE NOT BEEN FACTORED TO ACCOUNT FOR CHANGES IN VOLUME DUE TO BULKING, CLEARING AND GRUBBING, SHRINKAGE, SUBSIDENCE, OVER -EXCAVATION AND RE -COMPACTION, AND CONSTRUCTION METHODS. NOR DO THEY ACCOUNT FOR THE THICKNESS OF PAVEMENT SECTIONS, STORMWATER QUALITY MEDIA SECTIONS, UTILITY PIPES, TRENCHING AND BEDDING MATERIALS, BUILDING OR WALL FOOTINGS, BUILDING SLAB THICKNESSES AND UNDERLYING BASE OR SAND LAYERS, REUSE OF PULVERIZED MATERIALS THAT WILL UNDERLIE NEW PAVEMENTS, ETC. ANY OVEREXCAVATION AND RECOMPACTION DEPTHS AND VOLUMES, SHRINKAGE FACTORS, PAVEMENT SECTIONS, BUILDING PAD SECTIONS, AND BULKING FACTORS ARE BASED ON A SEPARATE GEOTECHNICAL REPORT. ANY BUILDING SLAB THICKNESSES ARE BASED ON THE SEPARATE BUILDING STRUCTURAL ENGINEERING PLANS. ANY UTILITY, STORMWATER MITIGATION, AND FOOTING SPOILS ARE BASED ON ESTIMATES PROVIDED BY THE OWNER OR CONTRACTOR. UTILITY PROVIDERS WATER: TUSTIN WATER DEPARTMENT SEWER: ORANGE COUNTY SANITATION DISTRICT & EAST ORANGE COUNTY SANITATION DISTRICT STORMWATER: CITY OF TUSTIN ELECTRICITY: SOCAL EDISION GAS: SOCAL GAS TELECOM: AT&T / COX COMMUNICATION *NOTE: • ON -SITE WATER SHALL BE PRIVATE. • ALL UNITS TO HAVE SEWER AND WATER SERVICES INDIVIDUALLY. • BUILDING 6 (UNITS 43-46) WILL HAVE WATER AND SERVICE DIRECTLY FROM SAN JUAN ST., ALL OTHER UNITS WILL BE SERVICES IN -TRACT. �0 ON -SITE STORM SHALL BE PRIVATE. �y • ON -SITE SANITARY SEWER SHALL BE PRIVATE. GRAPHIC SCALE IN FEET 0 15 30 60 CITY OF TUSTIN PRELIMINARY PARKING AND CIRCULATION PLAN a� E Q N N O N L Q Q 0 z Q J z O elf U I O O U Q) Cc S_ / 0 Q U / N U J I O O c9 N Ln / > W I > ry / c 0 0 E U O a 't9 FIRE HYDRA NO PARKIN ° 15' EI ER SIDE (TYP) U-HAUL MOVING & STORAGE GO GREEN EXPRESS CAI WASH TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES TUSTIN HIGH SCHOOL z Y FIRE HYDRANT, NO PARKIN Q 22 15' EITHER SIDE (TYP) O O ® ® ®_ r ®®®®® 33 AC N M STREET'B' C El LO 35 17 18 3' �/ LJ ❑2 25 26 3 — z 3' 36 �� 11 3' ® 0 AD Ilit 27 lu 37 E ® 12 D 20 ADA ® W (� 4 0qBLu 28 DA Lug 38 W I BUILDING 1 65' U11 DI 2 \w B I\ 2 G 3 20' BUILDI G 4 / W ❑ ��\ I Cn BUILDING 5 JE / V ) a I 24' 12' 12' I I _j----] ` ❑ 14J HUH 24' 12' 12' 15 23 \ 16 24 zz zzz 177 ❑❑ \ C� 29 EXIST. ` IVE I LE — — — — N STREET 'A' N � N I I APN 500-141-08 (NOT A PART) 4N I I � I 4�b ___-150' FH RADIUS (TYP) � A 43 qDA $•I � 44 I Lu I 9' Lu BUILDING 6 I © ® � I 45 \ ❑ ❑ ��b 3' 46 I / r7 BUILDIN 7 ® z BpILDI G 8 4' BU LDI G 9 I z ® 20' \ ❑ z z ❑ z 20' / ® z \ ❑ \ ® 47 48 49 50 51 52 53 28' 54 ©5 56 57 58 59 60 61 62 63 �� 64 65 66 67 68 69 70 71 72 73 W ® Q J N U (�/) f � �o Q LO co r: _> LOS F III L� / O — --�-- - �1 U L1_ - � O - y A - INTERSECTION TO BE SIGNALIZED ram, ■�r �r r r�r��• • o O O O r mLl RED HILL AVE o o N L0 I Cia MINE GHT TRIANGLE 20 ti GRAPHIC SCALE IN FEET 0 15 30 60 LEGEND PROJECT BOUNDARY PROPOSED LOT LINES PROPOSED EASEMENT EXISTING CENTERLINE EXIST. RIGHT OF WAY EXIST. PARCEL LINE EXIST. EASEMENT — — — — — — — — PROP. FACE OF CURB EXIST. FACE OF CURB PROP. FIRE HYDRANT CONDOMINIUM UNIT NUMBER �X AC COMPRESSOR PROPOSED ON —SITE STREET PARKING COUNT PROPOSED OFFSITE STREET PARKING COUNT PROPOSED TRAFFIC SIGNALS —' PARKING SUMMARY GARAGE PARKING (2 PER UNIT) 146 TOTAL STANDARD STREET PARKING ON —SITE 16 ADA ON —SITE STREET PARKING 2 TOTAL ON —SITE PARKING 164 OFFSITE STREET PARKING (REDHILL) 13 TOTAL PROJECT PARKING 177 FIRE TRUCK TURNING CLEARANCE DETAIL N.T.S. q 5 3 NOTES ■ N �Q BUILDING 7 4 PARKING AREA TUSTIN HIGH SCHOOL 24 D11 LEGEND OStreet Trees 17 Canopy Evergreen Site Tree OProject Entry Monumentation 18 Accent Tree 003 Focal Accent Tree 19 Fixed Seating OProject Entry Decorative Paving 20 Natural Turf OProperty Line 21 Shade Structure / Picnic OStepping Stones 22 Secondary Gateway Monumentation � O Proposed Wall 23 Accessible Parking OExisting Wall 24 Parking O 25 OAccess Drive Bike Racks 10 Children's Play Area 26 Pet Waste Dispenser 11 Utility Closet 27 BBQ Counter 12 Transformer 28 Mailbox Cluster Unit 29 O 13 Pedestrian Walk Accent Wall O 14 Vertical Evergreen Screen Tree 30 Site Distance Triangle O31 Heritage Marker 15 Vertical Screen Hedge t O Accent Plaza Tree AC Unit 33 Project Entry Pilasters I I 14 EXISTING RESIDENTIAL I 88 O 11 14 O O6 18 ❑ o • 3 El ® IS] BU I LDI G 8 11 BU LDI G 9 ® i• X 4 :■ ® ® 16 :. 30 : ■ 33 33 + . . PARKING AREA PARKING AREA RED HILL AVENUE • AC UNITS, WALLS, AND ALL GROUND MOUNTED EQUIPMENT TO HAVE PLANT SCREENING • SIGNALIZED INTERSECTION AND CROSSWALK AT PROJECT ENTRY TO OTHER SIDE OF RED HILLAVENUE. • LANDSCAPING WILL ENHANCE THE QUALITY OF THE DEVELOPMENT BY FRAMING AND SOFTENING THE APPEARANCE OF THE BUILDINGS, ENHANCING THE OVERALL IMAGE, SCREEN UNDESIRABLE VIEWS, AND PROVIDE SHADE. • THE PROJECT SHALL COMPLY WITH THE TUSTIN WATER EFFICIENCY ORDINANCE. Mer0 itage Homes CONCEPTUAL LANDSCAPE PLAN O U 0 " ❑❑❑❑❑ ® l 6 12 3 UJ O � I Z W 13 � Q BUILDING 6 z Q -7 17 .Z Q U) 25 • � PARKING AREA L SCALE- 1" = 20' 0 10 20 40 SHEET: L-1.00 Kimrey>Morn COMPASS AT RED HILL - TUSTIN, CA 04/14/2025 PLANT SCHEDULE SYMBOL BOTANICAL / COMMON NAME CONT. CAL. WUCOLS SIZE AT MATURITY SUN/SHADE ACCENT TREE (MULTI -TRUNK) ARBUTUS UNEDO / 24" BOX 1" CAL. PER TRUNK L 10'-15' HT. X 10'-15' SPR. FULL SUN/PART SHADE STRAWBERRY TREE PARKINSONIA X'DESERT MUSEUM' / 24" BOX 1" CAL. PER TRUNK L 25-30' HT. X 25-30' SPR. FULL SUN • DESERT MUSEUM PALO VERDE VITEX AGNUS-CASTUS / 24" BOX 1" CAL. PER TRUNK L 10'-25' HT. X 15'-20' SPR. FULL SUN CHASTE TREE PARKING LOT TREE KOELREUTERIA PANICULATA / 24" BOX 2" CAL. L 30'-40' HT. X 30'-40' SPR. FULL SUN GOLDEN RAIN TREE LAURUS X'SARATOGA' / 24" BOX 2" CAL. L 15'-35' HT. X 15'-30' SPR. FULL SUN/PART SHADE SARATOGA HYBRID LAUREL PISTACIA CHINENSIS / 24" BOX 2" CAL. L 25'-35' HT. X 25'-35' SPR. FULL SUN CHINESE PISTACHE PODOCARPUS GRACILIOR / 24" BOX 2" CAL. M 30'-50' HT. X 20'-35' SPR. FULL SUN/PART SHADE FERN PINE TIPUANA TIPU / 24" BOX 2" CAL. L 20'-30' HT. X 20'-30' SPR. FULL SUN TIPU TREE ULMUS PARVIFOLIA / 24" BOX 2" CAL. M 40'-50' HT. X 40'-50' SPR. FULL SUN LACEBARK ELM PASEO ACCENT TREE (STANDARD) ARBUTUS X'MARINA' / 24" BOX 2" CAL. L 25'-50' HT. X 20'-25' SPR. FULL SUN MARINA STRAWBERRY TREE CASSIA LEPTOPHYLLA / 24" BOX 2" CAL. M 20'-25' HT. X 15'-30' SPR. FULL SUN GOLD MEDALLION TREE CERCIS OCCIDENTALIS / 24" BOX 2" CAL. L 15'-20' HT. X 15'-20' SPR. FULL SUN WESTERN REDBUD HANDROANTHUS HEPTAPHYLLUS / 24" BOX 2" CAL. M 20'-40' X 15'-25' SPR. FULL SUN • PINK TRUMPET TREE LAGERSTROEMIA INDICA / 24" BOX 2" CAL. L 10'-30' HT. X 15'-25' SPR. FULL SUN CRAPE MYRTLE PROSOPIS CHILENSIS / CHILEAN MESQUITE 24" BOX 2" CAL. L 25'-30' HT. X 25'-30' SPR. FULL SUN ULMUS PARVIFOLIA / 24" BOX 2" CAL. M 40'-50' HT. X 40'-50' SPR. FULL SUN LACEBARK ELM RED HILL AVE (STANDARD) GEIJERA PARVIFLORA / 24" BOX 2" CAL. L 30'-35' HT. X 20' SPR. FULL SUN AUSTRALIAN WILLOW LAGERSTROEMIA INDICA / • 24" BOX 2" CAL PER TRUNK L 10'-30' HT. X 15'-25' SPR. FULL SUN CRAPE MYRTLE ZELKOVA SERRATA / 24" BOX 2" CAL. M 50'-80' HT. X 50'-75' SPR. FULL SUN JAPANESE ZELKOVA SAN JUAN AVE (STANDARD) GEIJERA PARVIFLORA / 24" BOX 2" CAL. L 30'-35' HT. X 20' SPR. FULL SUN AUSTRALIAN WILLOW LAGERSTROEMIA INDICA / • 24" BOX 2" CAL. L 10'-30' HT. X 15'-25' SPR. FULL SUN CRAPE MYRTLE PISTACIA CHINENSIS 'KEITH DAVEY' / 24" BOX 2" CAL. M 25'-35' HT. X 25'-35' SPR. FULL SUN KEITH DAVEY CHINESE PISTACHE CORNER PLAZA (STANDARD) • MALUS 'SPRING SNOW' / 24" BOX 1" CAL. PER TRUNK M 20'-25' HT. X 15'-20' SPR. FULL SUN •• SPRING SNOW CRABAPPLE NOTES • NO TREES AND SHRUBS OVER 12" MAX. HEIGHT INSIGHT DISTANCE ZONES. • PLANTS SHALL BE GROUPED ACCORDING TO WATER USE FACTOR PER WUCOLS ZONES • OVERALL PLANTING SCHEME ALONG FRONTAGE SHALL BE COMPLEMENTARY TO THE SURROUNDING STREETSCAPES. • HYDROZONES WILL BE PROPERLY DESIGNATED. APPLICANT MUST INDICATE PROPOSED METHOD(S) OF IRRIGATION. SYMBOL BOTANICAL / COMMON NAME CONT. SPACING WUCOLS SIZE AT MATURITY SUN/SHADE SHRUBS COLEONEMA PULCHELLUM 'SUNSET GOLD' / 5 GAL. 60" O.C. M 2'-4' HT. X 4'-6' SPR. FULL SUN/PART SHADE SUNSET GOLD BREATH OF HEAVEN DIANELLA SPP. / '-3' 5 GAL. 24" O.C. L/M 1 HT. X 1'-3' SPR. FULL SUN/PART SHADE FLAX LILY DIETES SPP. / 5 GAL. 30" O.C. L 3'-4' HT. X 2'-3' SPR. FULL SUN/PART SHADE FORTNIGHT LILY LEUCOPHYLLUM FRUTESCENS / 5 GAL. 54" O.C. L 5'-8' HT. X 3'-6' SPR. FULL SUN TEXAS SAGE LIGUSTRUM JAPONICUM 'TEXANUM' / 5 GAL. 60" O.C. M 8'-10' HT. X 4'-6' SPR. FULL SUN/PART SHADE TEXAS JAPANESE PRIVET MYRTUS COMMUNIS / 5 GAL. 48" O.C. L 4'-6' HT. X 3'-5' SPR. FULL SUN/PART SHADE COMMON MYRTLE OLEA EUROPAEA'LITTLE OLLIE' / 5 GAL. 84" O.C. L 6'-8' HT. X 6'-8' SPR. FULL SUN LITTLE OLLIE OLIVE PITTOSPORUM TOBIRA / 5 GAL. 144" O.C. M 15' HT. X 12' SPR. FULL SUN/PART SHADE JAPANESE PITTOSPORUM SALVIA SPP. / 5 GAL. 36" O.C. L 2'-4' HT. X 2'-4' SPR. FULL SUN SAGE SPHAERALCEA AMBIGUA / 5 GAL. 30" O.C. L 3' HT. X 2'-3' SPR. FULL SUN DESERT GLOBEMALLOW TEUCRIUM CHAMAEDRYS / 5 GAL. 18" O.C. L 0.5'-1.5' HT. X 1'-2' SPR. FULL SUN GERMANDER GRASSES BOUTELOUA GRACILIS 'BLONDE AMBITION' / 5 GAL. 18" O.C. L 1'-2' HT. X 1'-2' SPR. FULL SUN BLONDE AMBITION BLUE GRAMA CAREX TUMULICOLA / 5 GAL. 18" O.C. L V HT. X 1'-2' SPR. FULL SUN 1110 FOOTHILL SEDGE LIRIOPE SPP. / 5 GAL. 12" O.C. M V-1.5' HT. X V-1.5' SPR. FULL SUN/PART SHADE LILYTURF MUHLENBERGIA CAPILLARIS / 5 GAL. 36" O.C. L 1'-5' HT. X 2'-4' SPR. FULL SUN/PART SHADE PINK MUHLY GRASS MUHLENBERGIA DUBIA / 5 GAL. 54" O.C. L 2'-3' HT. X 4'-5' SPR. FULL SUN PINE MUHLY MUHLENBERGIA LINDHEIMERI / 5 GAL. 42" O.C. L 3'-4' HT. X 3'4 SPR. FULL SUN LINDHEIMER'S MUHLY GROUNDCOVER CARISSA MACROCARPA'GREEN CARPET' / 5 GAL. 18" O.C. L 0.5' HT. X 4' SPR. FULL SUN GREEN CARPET NATAL PLUM CEANOTHUS THYRSIFLORUS VAR. HORIZONTALIS / 5 GAL. 48" O.C. L 1 '-2' HT. X 10'-15' SPR. FULL SUN CARMEL CREEPER CEPHALOPHYLLUM SPONGIOSUM / 5 GAL. 12" O.C. L 0.5' HT. X 3' SPR. FULL SUN RED SPIKE ICE PLANT GAZANIA KREBSIANA / 5 GAL. 16" O.C. L 0.5'-1' HT. X 0.5'-1' SPR. FULL SUN GAZANIA LIRIOPE SPP. / 5 GAL. 6" O.C. M V-1.5' HT. X V-1.5' SPR. FULL SUN/PART SHADE LILYTURF ROSMARINUS OFFICINALIS 'PROSTRATUS' / 5 GAL. 60" O.C. L V HT. X 4'-8' SPR. FULL SUN DWARF ROSEMARY SANTOLINA CHAMAECYPARISSUS 'NANA' / 5 GAL. 24" O.C. L V HT. X 2'-3' SPR. FULL SUN LAVENDER COTTON TEUCRIUM COSSONII / 5 GAL. 20" O.C. L 0.5' HT. X 2'-3' SPR. FULL SUN CREEPING GERMANDER WESTRINGIA FRUTICOSA'MORNING LIGHT' / 5 GAL. 36" O.C. L 3'-4' HT. X 3'-4' SPR. FULL SUN MORNING LIGHT COAST ROSEMARY VINES CLYTOSTOMA CALLISTEGIOIDES / 5 GAL. 48" O.C. M 15'-20' HT. X 15'-20' SPR. FULL SUN/PART SHADE VIOLET TRUMPET VINE FICUS PUMILA / 5 GAL. 12" O.C. M 8'-15' HT. X 3'-6' SPR. ALL CREEPING FIG THUNBERGIA ALATA / 5 GAL. 16" O.C. M 3'-8' HT. X 3'-6' SPR. FULL SUN/PART SHADE BLACK EYED SUSAN VINE TRACHELOSPERMUM JASMINOIDES / 5 GAL. 24" O.C. M 8'-20' HT. X 3'-20' SPR. FULL SUN/PART SHADE CHINESE STAR JASMINE TURF CYNODON DACTYLON / H -- FULL SUN BERMUDA GRASS • SUBSURFACE OR LOW -VOLUME IRRIGATION MUST BE USED FOR IRREGULARLY SHAPED AREAS, OR AREAS LESS THAN 8 FEET IN WIDTH. • ALL HOA- AND PUBLICLY -MAINTAINED LANDSCAPE AREAS WILL BE IRRIGATED BY A POTABLE WATER SYSTEM. ALL TREES SHALL BE IRRIGATED WITH BUBBLERS AND SHRUB AREAS SHALL BE IRRIGATED WITH DRIPLINE. • PRIOR TO PROJECT CONSTRUCTION, I AGREE TO SUBMIT A COMPLETE LANDSCAPE CONSTRUCTION DOCUMENT PACKAGE THAT COMPLIES WITH THE REQUIREMENTS OF APPLICABLE ORDINANCES, AND IN SUBSTANTIAL CONFORMANCE WITH THE APPROVED LANDSCAPE CONCEPT PLAN. SHOULD THE ORDINANCES BE REVISED, PLANS MAY BE SUBJECT TO CHANGE. • THE PROJECT SHALL COMPLY WITH THE TUSTIN WATER EFFICIENCY ORDINANCE. • PERIMETER PARKWAYS TO HAVE LOW GROUNDCOVER OR TURF ONLY. LANDSCAPE NOTES The selection of plant material is based on climatic, aesthetic, and maintenance considerations. All planting areas shall be prepared with appropriate soil amendments, fertilizers and appropriate supplements based upon a soils report from an agricultural suitability soil sample taken from the site. All shrubs beds shall be mulched to a 3" depth to help conserve water, lower soil temperature, and reduce weed growth. The shrubs shall be allowed to grow in their natural forms. All landscape improvements shall follow the guidelines set forth by the City of Tustin Municipal Code. IRRIGATION NOTES An automatic irrigation system shall be installed to provide 100% coverage for all planting areas shown on the plan. The water supply for this site is a potable water connection and a dedicated irrigation meter will be provided. Low volume equipment shall provide sufficient water for plant growth with no water loss due to water controllers, and other necessary irrigation equipment. All point source system shall be adequately filtered and regulated per manufacturer's recommended design parameters. All irrigation improvements shall follow the guidelines set forth by the City of Tustin Municipal Code. SHEET: L-1.10 Mentage Homes CONCEPTUAL PLANT PALETTE COMPASS AT RED HILL - TUSTIN, CA Kimley>»Horn 04/14/2025 TUSTIN HIGH SCHOOL 000019 El 15TO 0 0 11 19 O � 12 20 4lf� BUILDING 1 BUILDING 2 BUILDING 3 [13 F21 ❑5 � 14 22 F6 15 23 �7 8� � 16 F24] I 7r DDDO � a BUIILDINP 7 �® � F47] L48]F L491 �501 M L52] L53]z F__ F__ F_ HOA MAINTAINED WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package. Reference Evapotranspiration (TUSTIN) (ETo): 49.6 Hydrozone # /Planting Descriptiona Plant Factor (PF) Irrigation Methodb Irrigation Efficiency (IE)` ETAF (PF/IE) Landscape Area (sq. ft.) ETAF x Area Estimated Total Water Use (ETWU)e Regular Landscape Areas #1 Shrubs 0.2 Drip 0.81 0.25 22,659 5,592.81 172,051.75 #2 Shrubs 0.4 Drip 0.81 0.49 6,300 3,111.11 95,672.89 #3 Trees 0.4 Bubbler 0.75 0.53 4,512 2,406.40 74,001.61 #4 Turf 0.8 Spray 0.75 1.07 3,828 4,083.20 125,566.57 Totals 37,299 15,195.53 467,292.81 Special Landscape Areas (NOT APPLICABLE) Pl- Totals ETWU Total 467,292.81 Maximum Allowed Water Allowance (MAWA)e 630,860.37 %4� Mentage` Homes MAINTENANCE PLAN /�1 ►Z1 34 loom] U M [a 14 ►z� 54 r]L55] I L56] r]L5f I L501 rt59] I 60 RED HILL AVENUE aHydrozone #/Planting Description bIrrigation Method `Irrigation Efficiency dETWU (Annual Gallons Required) _ E.g overhead spray 0.75 for spray head Eto x 0.62 x ETAF x Area 1.) front lawn or drip 0.81 for drip where 0.62 is a conversion 2.) low water use plantings factor that converts acre- 3.) medium water use planting inches per acre per year to gallons per square foot per eMA WA (Annual Gallons Allowed) = (Eto) (0.62) ((ETAF x LA) + year. ((I-ETAF) x SLA)] where 0.62 is a conversion factor that converts acre -inches per acre per year to gallons per square foot per year, LA is the total landscape area in square feet, SLA is the total special landscape area in sauare feet. and ETAF is .55 for residential areas and ETAF Calculations Regular Landscape Areas Total ETAF x Area 15,195.53 Total Area 37,299.00 Average ETAF 0.41 Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for non-residential areas. 27 28],� BUILDING 4 F9 1301 33 35 36 n 38 BUILDING 5 F3]9 BUILDING 9 ■ LEGEND EXISTING RESIDENTIAL Io MEN DESCRIPTION HOA Maintained Tustin City Maintained TOTAL LANDSCAPE CALCULATIONS: QUANTITY 45,407 SF 5,328 SF • TOTAL LANDSCAPE REQUIRED: 10% • TOTAL LANDSCAPE PROVIDED: 23.9% 35,881.84 SF OF TOTAL LANDSCAPE AREA / 149,914 SF OF TOTAL SITE AREA = 23.9% OF TOTAL GROSS LOT SIZE WILL BE PERMANENTLY LANDSCAPED NOTE: TOTAL LANDSCAPE INCLUDES A VARIETY OF LIVE LANDSCAPE, HARDSCAPE MATERIALS, AND OTHER DESIGN ELEMENTS. TOTAL LANDSCAPE DOES NOT INCLUDE INTERIOR PEDESTRIAN WALKS OR VEHICULAR ACCESS WAYS. INTERIOR PARKING LOT LANDSCAPE CALCULATIONS: • TOTAL PARKING LOT LANDSCAPE REQUIRED: 5% • TOTAL PARKING LOT LANDSCAPE PROVIDED: 67% 2,246 SF OF PARKING LOT LANDSCAPE / 3,340 SF OF PARKING LOTAREA = 67% OF TOTAL PARKING LOT AREA WILL BE PERMANENTLY LANDSCAPED N 0 K 62 63 z. z. fi�a L65]F6�_61 IF671 M F L6§]F L]3] WE =09 ■,m 44 BUILDING 6 45 ■ IET w z w Q z a z co EN SCALE: 1" = 20' 0 10 20 40 SHEET: L-2.00 Kimley>»Horn COMPASS AT RED HILL - TUSTIN, CA 04/14/2025 171 F1 8] 10 rig F I o C 4 0 ED BUILDING 1 i BU LDIN 7 Z � 47 48 49 50 51 [:15�2]53 r Ir- r= LEGEND - ONSITE AREAS Amenity Area: 11,876 SF (Parks) Common Area: 19,140 SF Perimeter Area: 8,160 SF LEGEND - OFFSITE AREAS Public Parkway: 8,325 SF Public Plaza: 3,234 SF (Publicly accessible common open space) -M00005*4* Qft.- Ment. tage Homes F191 r 12 20 BUNG 2 BUILDING 3 F!1 21��'229 F 5 F23] 16 ��24T— —L— I [] o IIIIIIIIL'� ►z, 27 28 BUILD] G 4 [2E 1301 33 Z 1341 35 36 37 38 BUILDING 5 39 40 F4 Fj-- r 1 � EXISTING RESIDENTIAL 000000000 NEZZ 43 ❑44 BUILDING 6 45 0 0 as Z BUILDING 8 BUILDING 9 � � �54 55 56 57 58 59 60 61 62 63 Z Z 64 65 66 67 68 69 70 71 72 73 ❑ TOTAL OPEN SPACE AREA Onsite Open Space Area: 39,176 SF Offsite Open Space Area: 11,559 SF COMMON OPEN SPACE PLAN RED HILL AVENUE USABLE COMMON OPEN SPACE CALCULATIONS: • USABLE COMMON OPEN SPACE PER DWELLING UNIT REQUIRED: 200 SF • USABLE COMMON OPEN SPACE PER DWELLING UNIT PROVIDED: 425 SF 317016 SF USABLE COMMON OPEN SPACE / 73 DWELLING UNITS = 425 SF NOTE: A REASONABLE PROPORTION OF THE REQUIRED OPEN SPACE SHALL INCLUDE COURTYARDS, POOL/SPAAREAS, ROOFTOP DECK, PASEOS, AND OTHER SIMILAR AREAS. USABLE COMMON OPEN SPACE INCLUDES AMENITY AREAS AND COMMON AREAS. 1V,, 10-1 SCALE 1" = 20' 0 10 20 40 SHEET: L-3.00 Kimrey>Morn COMPASS AT RED HILL - TUSTIN, CA 04/14/2025 TUSTIN HIGH SCHOOL I LEGEND Proposed Block Wall (6' HT) w Existing Wall (to be protected in place and painted with graffiti resistant paint) Project Entry Pilasters (5'-6' HT) Secondary Gateway Monumentation Wall (3' - 6' HT) Tubular Steel Fence (6' HT) Mer0 itage Homes RED HILL AVENUE Gate (6' HT) Raised Planter (2' HT) Interior Accent Wall (3' HT) Proposed Perimeter Block Pilaster (6'-6" HT) Mailbox Units (6) Project Entry Monumentation (5'-6' HT) CONCEPTUAL WALL/FENCE/MAILBOX PLAN EXISTING RESIDENTIAL w z w Q z Q Z) z Q I SCALE: 1" = 20' 0 10 20 40 SHEET: L- 4.00 Kimley>»Horn COMPASS AT RED HILL - TUSTIN, CA 04/14/2025 NOTE: THE FOLLOWING DETAILS ARE CONCEPTUAL AND SUBJECT TO REFINEMENT IN SUBSEQUENT CONSTRUCTION DRAWING SUBMITTALS. 1. 8 x 8 x 16 PRECISION CMU BLOCK - GROUT FILL ALL VOIDS SOLID 2. 12" x 16" x 4" PRECAST CONCRETE WALL 1. PEDESTRIAN GATE PER CAP HARDSCAPE LEGEND AND PLAN 2. 12" WIDE CONCRETE CURB PER 3. PLASTER FINISH PLAN 4. REBAR REINFORCEMENT - REFER TO 3. CONCRETE FOOTING PER STRUCTURAL PLANS STRUCTURAL 5. CONCRETE FOOTING REFER TO 4. COMPACT SUBGRADE PER 2 GEOTECHNICAL REPORT STRUCTURAL PLANS 3 6. FINISH SURFACE NOTES: 2 7. ADJACENT PLANTING - REFER TO A. CONTRACTOR TO INSTALL PER PLANTING PLANS MANUFACTURER'S 8. SUB -GRADE RECOMMENDATIONS. 1 B. SEE MANUFACTURER ° 9. ADJACENT PAVING - REFER TO SPECIFICATIONS FOR REQUIRED 3 • CONSTRUCTION LAYOUT PLANS POST SIZE. p 7 0 N 4 0 go oa o 6 NOTES: o A. REFEROCONSTRUCTION AND NOTES FOR ALL MODEL UMBERS, 0 COLOR, AND FINISH. ° B. REFER TO STRUCTURAL PLANS FOR I=III=III=III=III REINFORCING AND CONCRETE _ _ _ _ ° I I I=I I I -III -I I -I FOOTING INFORMATION. - -I I I -III -III C. CONTRACTOR TO PROVIDE SHOP Elevation _ _ ° DRAWINGS TO LANDSCAPE ARCHITECT a p = I I= = p ° FOR APPROVAL PRIOR TO III III I I I I CONSTRUCTION. 2" CLEAR PER PLAN 2" CLEAR I I • • 4" MAX. TYP. LU p 9 ° AI Section 5 PER STRUCTURAL o Typical Seat Wall - 24" Height A Scale: 3/4" = V-0" 1 CV 2 ° a a a e ° 1. CMU BLOCK WALL WITH SPLIT -FACE FINISH 2. CMU BLOCK WALL WITH PRECISION FINISH =1I1=1I I I1=1I1=1I1=1I1=1I1=1I1=1I1=1I1=1I1=1I T-III I I -I I I -I I -I I M 11El I M 11El 11=1 I I1=1I 11=1 ° I I 1=1 11= 3. CMU BLOCK WALL CAP - I I I III=1I 1=1 1=1I 1=1 1=1I 1=1I 1=1I 1=1I 1=1 I �, I I -I 4. DECORATIVEPILASTER CONCRETE CAP I I o III -III -III -III -III -III -III -III -III _III III -III -III -III -III -III -I 11=1 11=1 11=1 III -I I I -I I I -I I I-1I1=1I1=1I1=1I1=1I1=1 -I a l l l=1 I' I a 11� 5. FINISH GRADE 6. BUILDING WALL o o I I=111=III=111-111-111-III ;III III -III -I 11=1 1=1 11=1 I- I11,; 111 4 1' 6" 4 -III- 3 a 3 e 1 3 PER MNFR. 2 ELEVATION - GATE SET IN 12" WIDE CONCRETE CURB Co o co C.0 0 Tubular Steel Gate D SCALE : 1/2" = 1'- 0" 5 1 6 1. 1 3/4" TOP AND BOTTOM METAL RAIL 5 2. 3" SQ. METAL POST (TYP) 3. 1" SO. METAL PICKET (TYP) 4. BRACKET 5. FINISH GRADE ELEVATION SECTION 8' O.C. (TYP) 2 CMU Block Wall and Pilaster B �1 1� LnJ1 Scale: 1/2" = V-0" 3 1. 8 x 8 x 16 PRECISION CMU BLOCK GROUT 2 ICI` FILL ALL VOIDS SOLID 2. 6 x 2 x 16 PRECISION CMU WALL CAP 1 GROUT FILL ALL VOIDS SOLID ° 3. STONE VENEER X 3 3/4" TYP 4 3 4. REBAR REINFORCEMENT - PER p STRUCTURAL PLANS 5. CONCRETE FOOTING PER STRUCTURAL • PLANS p 6. 7. FINISH SURFACE ADJACENT PLANTING PER PLANTING ° - PLANS 0 0 p , 8. SUB -GRADE Tubular Steel Fence E Scale: 1/2" = 1'-0" NOTES: 0 0 0 0 0 0 0 0 go oap o go oaD o go oaD a go oaD o 0 0 go o p o oap o` ° oop o gp A. REFER TO STRUCTURAL PLANS FOR REINFORCING AND CONCRETE FOOTING o o o o o o o ' �` ' �` 0 o o �� ' o • �;' o p. �`o ��o INFORMATION. o , v o 0 o v o o 0 p' B. CONTRACTOR TO PROVIDE SHOP DRAWINGS TO LANDSCAPE ARCHITECT FOR APPROVAL PRIOR TO I I I CONSTRUCTION. 7 6 =1 =1 III 7 -I I I -I =III=III=III= I=I ° I I I=III=I I II 1 3 II 6- I I IIIII IIII 8 I -11 I=II III -I 111 -I - 5 ° I=11 III p - p ° - II Elevation Section i �- I I -I I =III PER STRUCTURAL Accent Wall - 36" Height C Scale: 3/4 = 1 -0 SHEET: L- 4.10 *4k' Mentage` Homes DETAILS COMPASS AT RED HILL - TUSTIN, CA Kimley>>>Horn 04/14/2025 0 o � o•o 1P O a o � o+o 3P O 00 o ° ° 2P O 4P O 1590-T2 e 1 ® 9 ® 0 0 ° o+o °ee ® 6 ® 13 ® 7 ® 14 ® 8 e 15 5P 09 ® 16 6P O® °° + ee jj� Configuration Details: 1570-16 1. Product Type: Cluster Box Units 2. Installation: Mounted on a pedestal 3. Finish: tbd 4. Locks: Standard Cam Lock, 3 keys 5. Door Id: Decals Overall with Recommended Clearance: 18'-10" ® 17 20 ® 21 eo a•o e ® 22 e 29 ® 23 30 ® 24 31 7P °® OO 32 8P °® 00 1570-16 6. Master Door: Prepared for USPS Master Lock Note: Number placement on drawing does not represent the final position of the engraving/decals. NOTE: THE FOLLOWING DETAILS ARE CONCEPTUAL AND SUBJECT TO REFINEMENT IN SUBSEQUENT CONSTRUCTION DRAWING SUBMITTALS. e ® 37 ee 0+° o ® 38 ® 45 39 a 46 40 ® 47 9P 00 e 000 ® 48 10Pe e e eo 1570-16 Models Used: (1) 1590-T2 (5) 1570-16 (1) 1570-8T6 e49bU e52 60 e 53 eo 0•o e 54 61 e 55 ® 62 e 56 63 11 P °® ao 00 64 12P O® °° + EO O 1570-16 DO NOT SCALE OFF DRAWING ® 68 w 16 * 69 ee ;.o e 70 ® 77 ® 71 ® 78 e 72 ® 79 13P 00 O 0 ® 80 14Pe 00 00 • eo 1570-16 Door Sizes Used: (4) 19-5/8" Parcel (80) 3" H Tenant (5) 13-3/8" H Parcel (5) 9-7/8" H Parcel 62r' 2 8" 14 r► ELEVATION: site 1 1 MAILBOXES: 80 1 PARCELS: 14 DEALER: Developers Spec ialties.com PROJECT NAME: CI ELO / San Marcos-Meritage Homes FLORENCE =COPPORATON 5935 Corporate Drive • Manhattan, KS 66503 www.florencemallboxes.com ■ 800.275.1747 A GIBRALTAR INDUSTRIES COMPANY %� 18" 33-3/8" 47-3/8„ 2 IT DRAWN BY: Randy Ressel DATE: 03/20/2025 P.O. NO: SCALE: NONE QUOTE NO: 1987 DRAWING NO. WEB-304383 SHEET 1 OF 1 SHEET: L- 4.20 Mentage Homes DETAILS COMPASS AT RED HILL - TUSTIN, CA Kimley>»Horn 04/14/2025 TUSTIN HIGH SCHOOL i O Q CD z W X w LEGEND Monumentation Lighting Accent Tree Lighting (2 Lights/Tree) • Pedestrian Pathway Lighting (Bollards) Proposed/Relocated Street Light (City Standard) Existing Street Light •• • • • • • •• Festoon Lighting 00o. Directional Lighting to Barbecues Shade Structure Lighting In Ground Sign Upright Accent Wall Lighting RED HILL AVENUE NOTES • LIGHT POLES FOR UNCOVERED PARKING AREA, VEHICLE ACCESS WAYS, AND WALKWAYS SHALL NOT EXCEED A HEIGHT OF 16 FEET. EXISTING RESIDENTIAL w D z w Q z Q Z) z Q W s SCALE: 1" = 20' 0 10 20 40 SHEET: L-5.00 Mentage Homes CONCEPTUAL LIGHTING PLAN COMPASS AT RED HILL — TUSTIN, CA Kimley>»Horn 04/14/2025 Mentage Hom(2sr Specifications EPA: 0.69 ftf (o.o6 m ) Length: 32.71 " (83.1 cm) Width: 14.25" (36.2 (m) Height H1: 7.8$ (20.0 cm) Height H2: 2.73 (6.9 cm) Weight: 34 Ibs (15.4 kg) D-Series Size 1 LED Area Luminaire DLC irsrev PREMI�IM =AABABA � F g Number REFER TO LEGEND ON SHEET 1 Numb Noes Type Introduction The modern styling of the D-Series features a highly refined aesthetic that blends seamlessly with its environment. The D-Series offers the benefits of the latest in LED technology into a high performance, high efficacy, long -life luminaire. The photometric performance results in sites with excellent uniformity, greater pole spacing and lower power density. D-Series outstand- ing photometry aids in reducing the number of poles required in area lighting applications with typical energy savings of 65°/o and expected service life of over 100,000 hours. Lumen Output Lumen values are from photometric tests performed in accordance with IESNA LM-79-o8. Data is considered to be representative of configurations shown within the tolerances described within LM-79. Contact factory for performance data on any configurations not shown here. Pl I 51W 1 30 1 530 •� design Hl Items marked by a shaded background qualify for the Design Select program and ship in 15 days of less To learn more about Design Select visit www acuitybrands com/desionselect.P2 Design Select options indicated by this color background. W LOrdering Information DSX1 LED 30K DSX1 LED 70CRI *See ordering tree for details EXAMPLE: DSX1 LED P7 40K 70CRI T3M MVOLT SPA NLTAIR2 PIRHN CONTRACTOR TO COORDINATE VOLTAGE WITH OWNER AND T2M/T4LG BUILDING MEP ENGINEER PRIOR PURCHASER AND INSTALLATION r , Forward optics (this section 70CRI only) AFR Automotive front row 30K 3000K 70CRI P1 P6 T1S Type I short P2 P7 40K 4000K 7001 T21N Type 11 medium P3 P8 50K 5000I( 70CRI T3M Type III medium P4 P9 {this section 80CRI only, T3LG Type III low glare; P5 extended lead times T4M Type IV medium apply} Rotated T4LG Type IV low glare optics 27K 2700K 80CRI TIFTM Forward throw P10' P12 ` 30K 3000K SOCRI medium P111 P13 35K 3500K 80CRI 40K 4000K 80CRI 50K 5000K 80CRI T5M Type V medium T5LG Type V low glare J TSW Type Vwide BLC3 Type III backlight control' BLC4 Type IV backlight Icontrol' LCCO Left comer cutoff; RCCO Right corner cutoff; 1NVOLT {120V-277V)" HVOLT (347V-48OV)5° HVOLT {277V - 480V1 12016.,E 20811,11 240 +fi."6 277111,11 347 lkh 48016,z6 Shipped included SPA Square pole mounting (#8 drilling) RPA Round pole mounting (#8 drilling) SPAS Square pole mounting 95 drilling° RPA5 Round pole mounting 95 drilling9 SPA8N Square narrow pole mounting #8 drilling WBA Wallbracket" MA Mast arm adapter (mounts on 2 3/8" OD horizontal tenon) Other options Control options!"""""""""""� Shipped installed PERT Seven -pin receptad e only Shipped installed NLTAIRZ PIRHN nLight AIR gen 2 enabled with (controls ordered separate) SPD20KV 20KV surge protection bi-1eve I motion / ambient FAO Field adjustable output';,"' HIS Houseside shield (black finish standard)." sen so amb erne sensorenatbled atght BL30 BiD I%ev�ljswitch ed dimming, L90 Left rotated optics' 2fc. R90 Right rotated optics' PIR High/law, motiaVannbient BL50 BQ ��witched dimming, CCE Coastal Constructionz3 sensor, 84Ymounting height, ambient sensor enabled at ©MG 0 lbv dimming wires pulled HA 50°C ambient o eration �4 p 2fc1% m,z+ outside fixture {far use with BAA Buy American) Act and/or Build America Buy America Qualified PER N E M A twist -lock receptacle external control, ordered se separately) SF Sing Iefuse (120, 277, 347V) only (controls ordered sepa- rate)" D5 Dual switching DF Double fuse (208, 240, 480V) Shipped separately PER5 Five -pin receptacle only {controls ordered separate} EGSR External Glare Shield {reversible, field install required, matches housing finish} BSDB Bird Spikes (field install required) fA LITHONIA LIGHTING COMMERCIAL OUTDOOR One Lithonia Way • Conyers, Georgia 30012 ■ Phone: 1-800-705-SERV (7378) ■ www.lithania-com ® 2011-2025 Acuity Brands Lighting, Inc. All rights reserved. VEHICULAR LIGHTING CUTSHEET NOT TO SCALE VEHICULAR LIGHTING CONCEPT P3 68w 102W DSX1-L. - L/THL7N/A Rev. 01/28/2 O'A Page 1 of 10 LIGHTING COMMERCIAL OUTDOOR 30 30 700 la T15 7,776 1 0 2 153 142 143 128 145 132 146 149 152 8,104 7 7,507 2 7,594 1 6,783 1 7,707 1 0 2 0 3 0 3 159 8,262 1 0 i 2 7,653 2 0 3 7,742 1 0 3 6,916 1 0 1 162 _ T2M T3M 7,203 1 0 3 147 149 150 7,287 1 0 3 152 T3LG 6,509 1 0 1 0 1 133 136 T4M 7,395 1 0 3 0 3 1 0 1 0 3 151 7,857 1 0 3 154 T4LG 6,726 1 0 1 7,010 1 138 152 7,146 1 7,912 1 8,084 3 8,215 4 0 0 0 0 1 3 2 2 1 140 TFTM T5M 7,446 1 0 3 7,760 7,930 1 3 1 155 7,609 3 0 2 0 0 2 2 156 158 1 159 T5W 7,732 3 0 2 8,058 4 1 161 T5LG 7,631 3 0 1 15O 7,953 3 0 1 156 8,108 3 0 1 159 711 BLC3 5,300 0 0 2 104 5,524 0 0 2 709 5,631 0 2 BLC_4 5,474 0 0 3 108 5,705 0 0 0 3 2 112 109 _0 5,816 0 5,682 0 0 0 3 2 114 RCCO 5,348 0 0 2 105 5,573 0 112 LCCO 5,348 0 0 2 105 S,573 0 0 2 109 5,682 0 0 2 112 AFR 7,776 1 0 0 0 0 0 2 153 1 147 137 _ 138 123 140 128 141 _ 144 147 14S 101 104 101 101 8,104 1 10,418 1 9,651 2 9,763 2 8,721 1 0 2 159 154 142 8,262 1 0 2 10,621 1 0 2 9,839 2 0 3 9,953 2 0 3 8,891 1 0 2 10,102 `2 0 3 162 T1S 9,997 9,260 1 2 2 1 2 0 2 157 T2M 3 3 0 3 145 T3M 9,368 8,368 0 0 0 3 144 129 146 147 T316 2 2 3 131 T4M 9,507 2 1 0 0 3 2 9,909 2 149 T4LG 8,647 9,573 9,782 9,940 9,810 6,814 9,012 1 -9,977T 2 10,195 4 10,360 4 0 2 133 147 9,187 1 0 2 10,172 2 0 3 10,393 4� 0 2 10,562 4 0 2 10,423 3 0 1 7,240 0 0 2 7,477 0 0 3 7,305 i 1 0 2 136 MM 2 0 3 _0 0 0 0 0 0 0 3 150 T5M T5W 4 4 0 0 2 _ 2 2 150 153 151 105 108 153 12 1 2 3 2 2 2 2 156 T5LG 3 0 1 10,224 3 154 111.0 0 0 1 0 0 0 2 3 2 2 7,101 0 107 BLC4 7,038 7,334 0 110 108 108 RICO 6,875 6,875 7,165 7,165 1 1 106 106 154 144 LCCO 1 0 0 0 0 7,305 1 1 10,621 1 1 14,973 2 0 2 0 2 0 2 AFR 9,997 1 0 2 147 10,418 1 157 147 T15 14,093 2 0 2 138 14,687 1 2 T2M_ T3M 13,055 2 0 3 13,605 2 13,763 2 0 3_ 4 2 133 135 120 13,871 2 14,031 2 12,534 2 0 3 0 4 0 1 2 136 13,206 2 0 4 _128 129 0 0 137 T3LG 11,797 1 2 0 2 115 12,294 2 123 T4M 13,403 2 0 4 131 13,%8 2 12,704 2 14,065 2 14,371 4 14,605 4 14,413 3 10,011 0 10,340 0 10,101 1 0 4 137 74,241 2 12,952 2 14,339 2 14,652 4 14,889 4 14,694 3 10,206 0 10,541 0 10,298 1 10,298 1 0 4 139 T46 12,190 13,496 2 0 2 119 0 2 124 0 2 127 TFTM 2 4 0 0 4 2 132 135 0 4 138 0 4 140 T5M 13,790 0 2 141 0 2 143 T5W 14,013 4 3 0 0 0 0 3 2 2 137 135 94 0 0 0 0 _ 0 143 0 3 146 T5LG 13,830 _3 2 2 __3 2 141 0 2 144 BLC3 9,606. 9,921 9,692 98 0 2 100 BLC4 0 0 3� 97 101 0 3 103 RCCO 1 0 2 95 99 0 2 101 LCCO 9,692 1 2 0 0 2 2 95 138 10,101 - 14,687 1 2 0 2 99 0 2 101 AFR 14,093 0 2 144 14,973 2 0 2 147 One Lithonia Way • Conyers, Georgia 30012 ■ Phone: 1-800-705-SERV (7378) • www.lithonia.com ® 2011-2025 Acuity Brands Lighting, Inc. All rights reserved. DSX1 -LED Rev- 01 /28/25 Page 5 of 10 SHEET: L-5.10 Kimley>>>Horn COMPASS AT RED HILL - TUSTIN, CA 04/14/2025 ACCESS DRIVE ACCESS DRIVE PROJECT ENTRY MONUMENTATION NTS Q Sign Wall with Project Name (5'-6' HT) (DStreet Tree Q Accent Boulder and Planting PARK 1 (0. 19 AC) CONCEPTUAL PRIVATE PARK PROGRAM O Picnic Pavillion with Picnic Tables (416 SF) Q Electric or Charcoal BBQ Counters (1) Q Picnic Tables (2) G Open Natural Turf Area (2,285 SF) Q Children's Play Area for Ages 2-5 with Rubberized Surface (1,653 SF) Q Accent Park Trees Q Focal Park Trees Q Concrete Paving Q Ramp 10 Park Concrete Walk 11 Accent Wall (3' HT) 12 Pet Waste Dispenser 13 Trash Receptacle 14 Project Entry Monumentation (5'-6' HT) ACCESS DRIVE Co PROJECT ENTRY PILASTERS NTS Q Entry Pilasters (5'-6' HT) Q Compass Emblem (Street side) Q Entry Walk Q Street Tree Q Accent Tree Q Accent Boulder and Planting PARK 2 (0.05 AC) CONCEPTUAL PRIVATE PARK PROGRAM O Picnic Table Q Open Natural Turf Area (1,859 SF) Q Accent Park Trees Q Focal Park Trees 0 Concrete Paving Q Vertical Screen Trees Q Park Concrete Walk O Transformer G Electric or Charcoal BBQ Counter (1) 3 Pet Waste Dispenser GTrash Receptacle 2� SCALE: 1 " = 10' 0 5 10 20 SHEET: L- 6.00 Mentage Homes CONCEPTUAL PARK ENLARGEMENTS COMPASS AT RED HILL - TUSTIN, CA Kimley>»Horn 04/14/2025 j :d6 4 ---w r r j, Lq .0i p P 00 P4 P. •d; _F IP.i rot. J 441 Af rl 4f 4F c WIF 4t� ak f I Ir 6 AdXNEL Ir --0 -P r p P P Ir J - km Vv L F . t j, df 1. %d 0 or . . . . . . . . . . . . . law -ly'�Il Ol yews' 7— A % L% el� A-* % Irr % 7L je, -1 %7 % r rf Ism&, ye % IL %TH A r % % L Vt e %I % w b A% A3 Ll J6 I iA % ;m I L 1 r 116C 4... A % ir .4q % I W- IF w OL 4 16 % L % % !��PARK ELEMENTS IMAGER RED HILL AVENUE SCALE: 1 " = 10' 0 5 10 20 ►�� PARK 3 (0.08 AC) CONCEPTUAL PRIVATE PARK PROGRAM OSecondary Gateway Monumentation 10 Tubular Steel Fencing/Access Gate - `Red Hill District' signage - Controlled access to neighborhood enclave - Decorative wall -potential mosaic mural 11 Screen Hedge - Illuminated sign - Accent planting 12 5' Walk OOrchard Heritage Bosque 13 6' Planted Parkway -Accent trees in raised planters 14 9' Planted Parkway -Accent Tree Lighting ODecorative Plaza Pavement 15 Planting Area - Enhanced jointing, color and finish - Material to form a natural barricade with deterrent - Materials to mimic crop rows properties OOpen Turf Community Gathering Space 16 Street Parking - Festoon Lighting - Natural Turf D AC Units Behind Fence with Gravel Base 5 Heritage Informational Signage S Unit Accent Tree - Historical information - Orchard/significance G Curb Ramp Corner - Vertical Displays 20 Canopy Street Tree -Accent Lighting O6 Trash Receptacle (2) 21 Bench (4) OBicycle Racks (2) 22 O -Intermediate armrest Pet Waste Dispenser 0 6'x 6' Planter Pot on Concrete Pad - Bosque Heritage Trees 0 10' x 10' Planter (9) -Accent Base Plantings NOTE: Privately owned, publicly accessible amenity space. NARRATIVE The Compass development in Tustin, California, welcomes residents and visitors with a corner plaza that marks a gateway into the lively Red Hill District. This plaza, situated at a prominent intersection, draws inspiration from Tustin's rich agricultural past. Early ranchers and growers experimented with fruit trees, including prunes, grapes, apples, and peaches. However, water was scarce, and only after the Santa Ana Valley Irrigation (SAVI) was organized in 1877 did Tustin's fertile land produce more abundantly. Inspired by the historic groves that once blanketed Tustin's landscape, a organized bosque of trees forms the plaza's central feature. This deliberate arrangement mirrors the ordered lines of orchards from the region's past, blending rustic charm with modern elegance. The trees stand like sentinels, shading the plaza and creating a natural canopy that invites passersby to linger and unwind. At the heart of the plaza is a public open space for community gatherings. Subtle Spanish architectural influences accentuate the space, where classic tile patterns and textures add warmth and authenticity to the setting. These elements nod to Tustin's historical ties while anchoring the space in a timeless aesthetic that resonates with the surrounding architecture. The planters contain a carefully curated selection of Mediterranean, drought -tolerant plants, chosen for their resilience and seasonal beauty. California natives add texture and fragrance, while accent trees and succulents provide visual interest, establishing a harmonious palette that thrives in Tustin's sun -soaked climate. This corner plaza at Compass is more than an entry point —it's a destination that celebrates Tustin's past while embracing its future. As a gateway to the Red Hill District, it brings together history, community, and the natural environment in a space that reflects the unique identity of this evolving area. SECONDARY GATEWAY MONUMENTATION O Corner Gateway Sign Wall (5'-6' HT) -Accent Lighting/Planting - Accent Planter Pots OAccent Boulders/Planting QPlaza Bosque Trees OPedestrian Concrete Walk OPlanted Parkway SHEET: L- 6.20 Mentage Homes CONCEPTUAL CORNER PLAZA COMPASS AT RED HILL - TUSTIN, CA Kimley>»Horn 04/14/2025 � ,2,�1 y�4• #hti �;{.�. .?y �•��'i'. ��'�'.T#�`'.•�F�!CF - . .;k. } +; .. �. 5 • ` ' r I 'f• k�=:' .`s`. � tir �r ''�..�� "-�_•- � -,Y,'_ _ 'I ,ia4 �.'la r71• .� p. f f � ?'-F'F •Y•.=:' .4 �� _ �*.` ?�.X r•,tiI`�yy-�'"' .� '., r'iy f. 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F T .�!•. r i ^. r III I I�11II jj f 4 - 4: -y Mrs • r: '�.�1 lr,'.v fir. •Ji - A_ it pf :. . �i i � � - •4. __ .. .tilt �' ��'-�`.'� t�` - _ - ! ["::fit _ Y. , :ar A r r - - -ice IF . . . . . . . . . ....... ....... -AA 01V WL"AA I q i Ila RED H I LL DISTR 4 woodrop-.- 'ff7,4� y ..— ;'fit '�' � �'�, : •�• ; i �` -+1x: -- �Y"� ��Y C.F•:+ � �'. •�Y'. �.. ��y-�.y.y'6'y'.Y .tT�. - .. �- �� _ �w�•� ?���,. - 'r-�r �, �� - ��,— -- 6'.. �a•�''��`..�;-.�.: -?•t' .v:�,�r"v LF�•� k - f" .�Y�ly�: `• s _ � �.: . . 7h _ .�[ *n .� :�' �rfr+'.'.". :.i,.'^ •4, .,l• 'ti� ,fir. ... �.k y�t f-�+.. e! .�yr ;�;' _ �.: i � 5d` "`. aw ,. -`�`� - b : � ..r �, .; .:-�s�:' -:fig " �� ,;e•:' � - ,.��.� �. 1a.R .� �� � ,�� .. ��• �� x �r •-f . - ^ Rl *-� �'•' �:`.'+�-.. �.y�7r ' �.`��r �'t•' e e�-+. ..,f .� ��.�. . jL rt�•: _ £ ` .�:�� t � �i` � 1°�t � � y. ��' yy � -.'4ti � i:.�v.. ' �-� .�.- :.�s. . y. .., 6 - . � mob:. -�. • _ [��[ _ �""'.�, .,_ •yam � •! :•�2 �' r '� 1 P-4p Le I s L�r.Ks VFW' r[t"{ri r +.�v.. • rr w._ � a �� .•i _ i %� X -;'� -i°" 'W_._.� ��. �''�"r .: ',�•`� 1�t � qz� � -Y'� ' :ky t-, ,� ••l d .. 1j.�� ��. r�. 1 .{�:.•''..`, -1.= �y. �e 4i"w- �l '�...-_ij�L. 'is: Ni 6, 'F'G7" I t +�i��� ON •�' r L. arc al r 3 •� �. � ���• � ,t-,'�j'ktr.:, �. •�.•., .i .li, �. y r��n i ��:; r.r� f �' .? se �•'r` ■ A�.•' r� � +'�y. Srzl to �.'� -h, tiw i 4 l ; r i"�: III .! k,..,,.� ••• ash �` �. - r .r. .`ram - ( ,- '..�... rr ---• ' .. y* ' - � `vim - : ':�`• _ .. - • - ' Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 J AGENDA REPORT ITEM #2 MEETING DATE: MAY 13, 2025 TO: PLANNING COMMISSION FROM: JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: RESIDENTIAL ALLOCATION RESERVATION 2025-0001, DESIGN REVIEW 2024-0014, DEVELOPMENT AGREEMENT 2024-0004, SUBDIVISION MAP 2024-0005/ TENTATIVE TRACT MAP NO. 19361 FOR CONDOMINIUM PURPOSES, AND DENSITY BONUS CONCESSION REQUESTS APPLICANT: JOHANNA CROOKER MERITAGE HOMES OF CALIFORNIA, INC. 5 PETERS CANYON ROAD I RVI N E, CA 92606 PROPERTY CRAIG SWANSON OWNER: SPACE-IAG-1, LLC 4000 MACARTHUR BLVD., EAST TOWER I SUITE 600 NEWPORT BEACH, CA 92660 LOCATION: 13751 AND 13841 RED HILL AVENUE (APN NOS. 500-141-09, -10) GENERAL PLAN/ ZONING: RED HILL AVENUE SPECIFIC PLAN (RHASP), SP-13 REQUEST: A request to construct a new residential development project that would include 73 condominium units in nine buildings, including four affordable units, on approximately 3.39 acres. The request includes consideration of a Residential Allocation Reservation (RAR) application, Design Review application, a Development Agreement, Subdivision/Tentative Tract Map, and Density Bonus concession requests. ENVIRONMENTAL: An Addendum to the Red Hill Avenue Specific Plan Program EIR has been prepared by the City to address environmental considerations related to the proposed project, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq., CEQA Guidelines). Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 2 RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4526, recommending that the City Council approve: • Residential Allocation Reservation 2025-0001 reserving 61 base residential units; • Design Review 2024-0014 for site layout and building design for 73, three-story residential units, on approximately 3.39 acres site; • Subdivision 2024-0005/Tentative Tract Map No. 19361 to subdivide the property for condominium purposes, with a total of 73 residential units, and a lettered lot for open space purposes, on an approximately 3.39 acres site; and • Density Bonus concession request with five percent (5%) of units identified as very low-income housing with a request for density bonus of 20 percent, equating to 61 base units and 12 density bonus units; one concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); and use of State Density Bonus Law parking standards. 2. Adopt Resolution 4527, recommending that the City Council adopt Ordinance No. 1566 for Development Agreement 2024-0004 to accept the provision of community public benefits, by including four (4) affordable units for very low- income households; an approximate 3,200 square foot public amenity space, including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street; on -street public parking and enhanced landscaping along Red Hill Avenue; a new traffic signal on Red Hill Avenue at the project entry; and associated off -site improvements. PROJECT APPROVAL AUTHORITY: • Reservation Allocation Reservation (RAR) — Red Hill Avenue Specific Plan Section 6.6.2 and 6.7.2 authorizes the Community Development Director to consider the dwelling unit allocations pursuant to a RAR application. However, since the proposal includes other entitlement applications that require the Planning Commission to make a recommendation to the City Council, the RAR application is being forwarded to the Commission for concurrent consideration and recommendation. • Design Review (DR) — Tustin City Code (TCC) Section 9272 authorizes the Community Development Director to consider a DR application for building design and site layout. However, since the proposal includes other entitlement Docusign Envelope ID: CECF639D-0073-45F5-B61 D-OEMA7DMW Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 3 applications that require the Planning Commission to make a recommendation to the City Council, the DR application is being forwarded to the Commission for concurrent consideration and recommendation. • Development Agreement (DA) — Pursuant to TCC Section 9607, the Planning Commission shall consider the DA and forward its recommendation to the City Council within 30 days of the of the City Council's intended adoption date. Per TCC Section 9613, after a public hearing and consideration of the Commission's recommendation, the Council may accept, modify, or disapprove the Development Agreement. • Subdivision/Tentative Tract Map (TTM) - A tentative tract map is required for all subdivisions creating five or more condominium units, 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, Subdivision 2024- 0005NTTM No. 19361 is being forwarded to the Council for concurrent consideration. • Density Bonus Request — TCC Section 9141 b2 authorizes the City Council to consider density bonus and concessions/incentives requests upon recommendation of the Planning Commission. BACKGROUND: This item was continued from the April 22, 2025 Planning Commission meeting. Staff requested the continuance to allow staff and the applicant additional time to finalize a few remaining technical issues, which are now resolved. Project Location/Site and Surroundings The project site, located at 13751 and 13841 Red Hill Avenue, consists of two lots totaling approximately 3.39 acres with frontages along Red Hill Avenue and San Juan Street (Figure 1). The project site is currently vacant. The project is bounded by multiple -family residential units to the northeast, a commercial shopping center (Red Hill Plaza) to the southeast, a carwash and U-Haul parking area across a public alley to the southwest and the Tustin High School sports field to the northwest. Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 4 FIGURE 1 — PROJECT SITE AERIAL Previous Entitlement On August 17, 2021, the City Council adopted Resolution No. 21-67 approving Design Review (DR) 2021-0002, Development Agreement (DA), Subdivision (SUB) 2021-0001/ Tentative Tract Map (TTM) No. 17822, Residential Allocation Reservation (RAR), and a density bonus and voluntary workforce housing agreement, including a concession/incentive for a reduction in private and common open space and a waiver of park fees for affordable units, for a mixed -use development consisting of 137 residential apartment units and 7,000 square feet of commercial space. The project was unable to move forward due to challenges in securing financing. PROJECT DESCRIPTION: The proposed project consists of 73 condominium units in nine buildings, including four (4) affordable units, on approximately 3.39 acres. The project would also include an enclosed two -car garage and private open space for each unit; 18 guest surface parking spaces; common open space areas; landscaping; and a publicly accessible amenity space. The application was submitted pursuant to Senate Bill (SB) 330, and is identified as Preliminary Review (PR) 2024-0002 for recordkeeping purposes. Docusign Envelope ID: CECF639D-0073-45F5-B61 D-OEMA7DMW Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 5 DISCUSSION/ANALYSIS: The proposed site plan layout is consistent with the required development standards set forth in the Red Hill Avenue Specific Plan (RHASP) as demonstrated by Table 1. TABLE 1 Comparison Chart of RHASP Development Standards & Proposed Project Description RHASP Development Proposed Proposed Standards - Section 4.4 Project Deviations Minimum Lot Size N/A - 3.39 acres None Minimum Lot Width 100 feet Red Hill Avenue: 585 feet None San Juan Street: 124 feet Building Height 4 stories and 50 feet maximum 3 stories; 37 feet tall None Front Yard Setback . None with required Minimum 5-foot aggregate None (Red Hill Avenue) pedestrian accessible setback provided with the amenities. inclusion of first floor porch • 5-foot (aggregate) and landings, and upper story - minimum setback above balconies. the second story. Side Yard Setback 10 feet minimum. (Interior) 0 5 feet minimum aggregate Varies from 12 feet to 33 feet None setback at the third story. between buildings. • Additional upper story setbacks may be imposed during design review process. Building 0 10 feet minimum Varies from 12 feet to 65 feet None Separation 0 The windows or window/ between buildings. doors of any dwelling unit shall not face the windows or window/doors of another dwelling unit unless separated by a distance of 10 or more feet. Rear Yard Setback 10 feet minimum 10 feet minimum None Combined Private *300 SF per unit 518 SF per unit or None and Common Open 37,841 SF total provided Space* 300 x 73 = 21,900 SF total of combined private and common open space is required. • Common Open 200 SF per unit 425 SF per unit None Space 200 x 73 = 14,600 SF required Approx. 31,016 SF total provided Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 6 • Private Open 100 SF per unit Varies from 73 to 99 SF per None Space unit 100 x 73 = 7,300 SF 6,825 SF total private open space provided *Applicants can provide less than the minimum Private (100 Sq. Ft.) and Common (200 Sq. Ft.) open space square footage as long as the minimum Combined Private and Common Open Space (300 Sq. Ft.) square footage is achieved. Site Parking and Circulation Access and Circulation. The subject property has a width of approximately 585 along Red Hill Avenue, which is bifurcated by a 28 foot -wide, two-way driveway. The driveway provides the only entry and exit point to the development (Figure 2), and connects to a 24-foot-wide private street (drive aisles) that loops around the interior of the project. The drive aisles provide access to garages and on -site guest parking. The project includes a new traffic signal at Red Hill Avenue at the entry driveway. The traffic signal is provided as a convenience to the future residents and the commercial property across the street, as it is not considered warranted of traffic circulation. Because it is not warranted, the traffic signal is considered a public benefit per DA 2024-0014. FIGURE 2 — SITE PLAN e � V41 1!kI ro ro Protect Vehicle Trip Generation. A traffic analysis was prepared for the proposed project and compared to the site's previously entitled 137-unit mixed use development. The analysis forecasted that the project will generate 492 daily trips, including 29 trips during AM peak hours, and 37 trips during PM peak hours-, which is 812 fewer daily trips than the previously entitled mixed use development, including 43 fewer AM peak hour trips and 79 fewer PM peak hour trips. Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 7 Parking. The project includes 164 total on -site parking spaces, including an enclosed, two -car garage for each unit (146 total) and 18 open uncovered guest surface parking spaces. The total number of spaces exceeds the total number of parking spaces required by the Tustin City Code, but is short of one guest parking space, as summarized in Table 2 below. However, the applicant requests the use of State Density Bonus Law parking provisions, which does not require guest parking. The project also includes up to 13 on -street public parking spaces and enhanced landscaping along Red Hill Avenue, which will be provided as a public benefit per DA 2024-0014. TABLE 2 Parkina Summary PROPOSED ON -SITE PARKING 164 Total Spaces Provided 146 Enclosed Resident Spaces • 43 attached standard two -car garage (86 spaces total) • 30 attached tandem two -car garages (60 spaces total) 18 Uncovered Guest Spaces F—CODE STANDARD CALCULATION TCC Section . 1.6 space per 2-bed unit 9263 . 2 spaces per 3-bed unit . 2 spaces per 4-bed unit • 0.25 guest space per unit • Tandem parking allowed for resident parking • Parking rounded up when fractional parking calculated • Off -site parking not counted State 0 1.5 space per 2-bed unit Density 0 1.5 spaces per 3-bed unit Bonus Law . 2.5 spaces per 4-bed unit (DBL) . Tandem parking allowed . No guest parking required • Parking rounded up when fractional parking calculated • Off -site parking not counted Resident Parking: Total = 142 spaces required • 12 units @ 2-Bed = 19.2 spaces • 30 units @ 3-bed = 60 spaces • 31 units @ 4-Bed = 62 spaces Guest Parking: Total = 19 spaces required • 73 units @ 0.25 guest = 19 guest spaces COMPLIANT? No. On -site guest parking short 1 space Resident Parking: Yes Total = 141 spaces required • 12 units @ 2-Bed = 18 spaces • 30 units @ 3-bed = 45 spaces • 31 units @ 4-Bed = 77.5 spaces Guest Parking: Not required Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 8 Red Hill Avenue Specific Plan Overview The RHASP was adopted by the City Council in November of 2018 as the regulatory document to guide development of the RHASP area, as shown in Figure 3. The RHASP sets a vision with goals and objectives, as well as development standards and design criteria to achieve these goals. The RHASP intends to primarily retain a commercial character along Red Hill Avenue, but integrate vertical and horizontal mixed -use projects along the corridor in order to activate the street frontage with pedestrian activity. When approved the RHASP added up to 500 residential units and 325,000 square feet non- residential uses, with a total anticipated development potential at buildout 521 dwelling units and 621,446 square feet of non-residential development. FIGURE 3 — RHASP AREA MAP yd7 � Arojett Boundary ® .y vLa �' %'PIEVETREE PARK -.Rea Py� `b�` ✓ r ya r PMN �I Fi O l 0 240 480 _ momon --- = Fees Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 9 Residential Allocation Reservation (RAR): The purpose of RAR review is to determine whether or not a proposal is in compliance and furthering the intent and vision of the Specific Plan, and thereafter allocate to the proposal a portion of the 500 residential units that were environmentally cleared when the RHASP was adopted, which included 395 units north of the 1-5 freeway. To date, the City has issued only one RAR, which was to the mixed -use project previous entitled for the subject property site. The RAR for the mixed - use project has since expired. The applicant is requesting a RAR (RAR 2025-0001) that will allocate 61 of the remaining 500 residential units for the proposed project. The RAR does not include the 12 density bonus units requested under State law. The applicant's RAR request represents approximately fifteen percent (15%) of the total number of units available for the area north of the 1-5 freeway, and twelve percent (12%) of the total overall units available for the entire Specific Plan area. Findings to support the approval of the RAR are incorporated in PC Resolution 4526 by reference. Design Review 2024-0014 The following provides a brief overview of the project's site plan layout and building design: TABLE 3 Site Plan and Building Layout Overview Site Size Approximately 3.39 acres Proposed Density Approximately 21.5 dwelling units per acre Buildings/Units Total of 9 Buildings; 73 units Stories Three -stories; Approximately 37 high Architectural Style Spanish Eclectic Product Type For -sale townhomes; condominium subdivision • (6) Plan 2531X: 1,215 SF, 2 bedrooms, 2.5 bath, standard garage; Floor Plans/ Bedrooms (6) Plan 2532X: 1,215 SF, 2 bedrooms, 2.5 bath, standard garage; • (30) Plan 1633: 1,497 SF, 3 bedrooms, 3 bath, tandem garage; • (31) Plan 1638: 1,765 SF, 4 bedrooms, 4 bath, standard garage. • Private 2nd floor patios (all units) • Private 1st floor porches (31 units) Amenities Common open space including centralized community gathering area, tot lot, overhead structure, picnic tables and BBQ • Pedestrian paths of travel leading to all front doors, and other landscaped areas Ingress/Egress One entry/exit driveway along Red hill Avenue Docusign Envelope ID: CECF639D-0073-45F5-B61 D-OEMA7DMW Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 10 TABLE 3 Site Plan and Building Layout Overview Two key pedestrian access points; Pedestrian access East and west of the project entry driveway, and • From the public amenity space at the corner of Red Hill Avenue and San Juan Street. Design, Massing and Articulation The project is designed to be a vibrant, high -quality residential development providing housing opportunity along Red Hill Avenue consistent with the City's Housing Element and the RHASP. The Spanish Eclectic architectural style incorporates features such as front elevation porches and landings; varied rooflines and deck guard walls/guardrails to eliminate the potential for a monotonous design; windows with trim surrounds; and four color and material schemes throughout the project to enhance the overall design, building individuality and enhance the streetscape along Red Hill Avenue and San Juan Street (Figure 4). FIGURE 4 - BUILDING ELEVATIONS FACING RED HILL AVENUE The building design incorporates features along both Red Hill Avenue and San Juan Street that provide relief to the massing of the three-story buildings. Building heights are proposed to comply with maximum allowable height of four stories and 50 feet for the Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 11 RHASP DA-6C, as summarized in Tables 1 and 3. Roof top mechanical equipment would be 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 several different plant species throughout the 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. FIGURE 5 — CONCEPT LANDSCAPE PLAN AND PLANT PALETTE Private and Common Open Space: The project would provide a total of approximately 37,841 SF, or 518 SF per unit, of combined private and common open space, which exceeds the minimum open space requirement of 21,900 SF total, or 300 SF per unit, as summarized in Tables 1 and 3. The common open space areas would include passive and active amenity areas including a central community gathering area, a tot lot, an overhead structure, picnic tables, BBQ and seating amenities, an overhead structure, and pathways that meander throughout the development. Private open space would be provided with second floor balconies for each unit, and first floor porches on 31 of the units. 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 Docusign Envelope ID: CECF639D-0073-45F5-B61 D-OEMA7DMW Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 12 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 project would include a combination of walls and fences for privacy and security. Five- to six -foot -high pilasters would flank the walkways located on either side of the main driveway along Red Hill Avenue to enhance the project's main entrance and create a gateway and sense of arrival as pedestrians and vehicles enter the community. A new six-foot (6-0") high block wall along the western and southern boundary, with six-foot eight -inch (6-8") pilasters, would provide visual interest and break up the proposed wall per RHASP Section 5.3.5 and 5.4.5. There is an existing six-foot (6) wall along the adjacent residential development's property line, which would be protected in place. Tubular steel fencing is proposed between the public amenity space and the immediately adjacent units. Figure 6 illustrates a conceptual wall plan. 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. FIGURE 6 —WALL/FENCE DIAGRAM Mat'- -IQH SCnOO� I U Ex,en � nn��nENr�ar r— — Lt 0 r LEGEND Proposed Block Wall (6' HT) Gate (6' HT) ■ A ■ Existing Wall (to be protected in place and Raised Planter (2' HT) painted with graffiti resistant paint) Interior Accent Wall (T HT) ■ Project Entry Pilasters (5'-6' HT) ■ Proposed Perimeter Black Pilaster (6-6" HT) Secondary Gateway Monumentation Wall (T - 6' HT) Mailbox Units (6) Tubular Steel Fence (6' HT) Project Entry Monumentation (54HT) Public Amenity Space: Consistent with RHASP Section 6.6(B)(4), the Project includes an approximate 3,200 public amenity space (public plaza) at the northeast corner of the site. The public plaza would be privately owned and maintained, but accessible to the public. The space will include a public art component, public seating, landscaping and lighting, informational and gateway signage, bike racks, and a security gate for pedestrian access to the interior of the project site (Figure 7). Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 13 FIGURE 7 — PUBLIC AMENITY SPACE EXHIBITS — — UNIT rP (D O --- WATER EASEMENT II - O J NIT - • • ,, • . �,,. 0 _ram <' S 2 M R REDPALLAVENUE 2a Park Land Dedication (Quimby Act) To implement the Conservation/Open Space/Recreation Element of the General Plan, TCC Section 9331d requires a subdivider (the developer) to dedicate land or pay an in - lieu fee for the purpose of rehabilitating existing parks or developing new parks that serve the subdivision. TCC Section 9331d2 requires three (3) acres of usable parkland per 1,000 project residents to be devoted to park and recreation purposes. For a high -density development with 15.1 to 25 dwelling units per acre, the TCC establishes a parkland requirement of 0.0067 acres per dwelling unit. The applicant proposes to develop the site with approximately 21.5 dwelling units per acre-, therefore, based on the proposed project of 73 residential units, the developer would be required to dedicate 0.4891 acres, or approximately 21,305 SF of park land (see Table 4). TABLE 4 Required Park Land Dedication i TCC Sec. 9331d2 Requirement Park Land Per Proposed Total Required Unit Units Park Land Dedication Formula for Dedication 0.0067 acres 73 units 21,305 SF (0.4891 acres) 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 to acquire the parkland. The City Council has set the market value for the purposes of calculating the park fees to $2.5 million. Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 14 Pursuant to Condition of Approval No. 5.5(K), the Developer or Homeowner's Association (HOA) will construct and maintain the proposed publicly accessible 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 amenity improvements be credited against the required payment of the park land in -lieu fee. TCC Section 9331d6 allows for a "credit" for public park improvements provided on -site. Per the provisions of DA 2024-0004, 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 2024-0004, 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. Subdivision (SUB) 2024-0005 / TTM 19361 TTM 19361 proposes to merge two adjoining parcels into one for condominium purposes (Exhibit B to Attachment D). This would allow for individual ownership of the 73 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. As shown on the proposed TTM, the public amenity space would be a lettered lot ("Lot A"), which ensures it is not developable in the future. 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. Prior to a public hearing on a TTM, California law requires cities to transmit a copy of a proposed TTM to other local agencies having jurisdiction. As such, a copy of proposed TTM 19361 was routed to outside agencies having jurisdiction over a title interest in the subject property for review and/or recommendations. The comment period was between March 31 and April 14, 2025, as required by Gov't Code Sections 66453 — 66455.7. The City received one (1) comment on the TTM, which was received on April 23, 2025 from the OC Sanitation District (OC San). OC San provided feedback related to the potential for a connection to the existing OC San sewer line: "...Upon review of the preliminary utility plans, it appears that the proposed development may intend to connect to an OC San trunk sewer line. OC San would like to emphasize that, as the regional wastewater service provider, OC San does not permit private lateral connections directly to its trunk sewer infrastructure. Developers are advised to coordinate with the appropriate local sewer service provider to obtain the necessary wastewater service connections." The Project will be served locally by the East Orange County Water District (EOCWD), from which sewer will ultimately enter the Orange County San system. No additional Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 15 conditions of approval are required in response to OC San comments, because Public Works Department already requires coordination and approval from OC San and EOCWD. No additional comments from outside agencies were received as of the completion of this staff report. The proposed TTM is consistent with the site's General Plan land use designation, the Tustin Subdivision Code, RHASP, 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 at approximately 21.5 dwelling units per acre on an approximate 3.39-acre site is consistent within the RHASP General Plan land use designation and the RHASP zoning district development standards; with the exception of the applicant's density bonus law requests to remove the requirement for a commercial component facing Red Hill Avenue (Flexible Format Retail and Mixed -Use), and use of State Density Bonus Law parking standards in lieu of the TCC. The Planning Commission shall make a recommendation on the SUB/TTM to the City Council. The required findings for approval are incorporated within Resolution No. 4526. Development Agreement (DA) 2024-0004 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.). TCC Chapter 9600 sets forth the process for which development agreements are to be considered by the City. The general purpose of DA 2024-0004 is to provide assurances to the developer and establish the developer's commitment to the project; and in return the City remains committed to the development of the site and implementation of project as proposed. These assurances require the cooperation and participation of the City and developer, which could not be secured without mutual cooperation and commitment to the comprehensive planning effort reflected in the DA. The DA (Exhibit B to Attachment E - Planning Commission Resolution No. 4527) 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 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 2024-0004. Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 16 • A vested right to carry out and develop the project site in accordance with DA and DR. • Public benefits, including four affordable housing units for very low-income households; an approximately 3,200 square foot publicly accessible amenity space, including public art and gateway signage; on -street public parking spaces with enhanced landscaping along Red Hill Avenue; and a new traffic signal on Red Hill Avenue at the project entry, and associated off -site improvements. Affordable Housing: Goal 1 of the City's Housing Element stipulates that the City shall provide an adequate supply of housing and a variety of housing types to meet the diverse socio-economic needs of all community residents. RHASP also requires housing developments to comply with TCC B9911 et seq. (Voluntary Workforce Housing Incentive Program), which in turn requires all new residential development to include affordable housing units when a developer makes the voluntary election to request the benefit of RARs, pursuant to the Specific Plan. As stipulated in the proposed DA, the developer has agreed to provide five percent (5%) of the proposed units to very low-income households and pay in -lieu fee as established by resolution by the City Council. On March 5, 2024 the City Council adopted Resolution No. 24-14 suspending the payment of in -lieu fee for 36 months. Provided that the developer will commence construction within this 36-month period, the developer will not be required to pay for the affordable housing in -lieu fee. 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 Request The Density Bonus Law is a State mandate, such that any development project that meets the requirements of the law is entitled to receive additional dwelling units beyond the City's maximum limits (density bonus) and other benefits, 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 Land Use Element, when associated with the production of affordable housing units. Density Bonus Concession Request: The applicant proposes to set aside four affordable units for very low-income households, and is therefore eligible for one Density Bonus State Law concession, and unlimited development standard waivers. The applicant is requesting the following Density Bonus Concessions: • Density Bonus. The applicant is requesting a twenty percent (20%) density bonus, adding 12 units to 61 base units. Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 17 • Concession/Incentive. The RHASP requires all properties to provide commercial land uses (Flexible Format Retail or Mixed -Use) along Red Hill Avenue frontages. The applicant is requesting a Density Bonus concession that waives the requirement for on -site commercial uses. 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." City staff could not identify specific adverse impacts for either of the requested concessions; therefore, a recommendation to approve the Density Bonus requests will be proposed to the Planning Commission. Parking provisions: The applicant is requesting to use the State Density Bonus Law parking standards, per TCC Section 9132, to deviate from the requirement of providing 19 on -site guest spaces, as discussed previously. Density Bonus parking standards, which allow for specific parking ratios based on bedroom count (see Table 2). The project proposes 164 parking spaces, which exceeds the Density Bonus parking requirement of 141 parking spaces. No Net Loss. Pursuant to Government Code Section 65863(b)(2), if the City allows development of any parcel identified in the Housing Element Sites Inventory with fewer units by income category than established in the Housing Element, then the City is required to make a written finding supported by substantial evidence as to whether or not the remaining sites identified in the Housing Element are adequate to meet the requirements of the Housing Element inventory, and to accommodate the City's share of regional housing need allocation (RHNA) at each income level. The finding and substantial evidence is provided in Planning Commission Resolution No. 4526 — Attachment D. PUBLIC INPUT: Public Notice: The public hearing notice for the Planning Commission meeting, was published in the Tustin News on April 10, 2025, and the Community Development Department mailed a notice of public hearing to property owners within 500 feet of the project site, inclusive of the project itself. Public notices were physically posted on the project site no less than 10 days in advance of the scheduled hearing date. On April 22, 2025, the Planning Commission continued the proposal to May 13, 2025. The public hearing was noticed as required by law. Docusign Envelope ID: CECF639D-0073-45F5-B61D-OE3AA7D6D3A6 Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 18 Public Comments: City staff received one (1) letter of support dated April 17, 2025 from a Tustin resident and business owner (Attachment F). Any other comments received after the completion of the staff report will be provided to the Planning Commission via email. SB 330 (Housing Crisis Act of 2019) On October 9, 2019, the Housing Crisis Act of 2019 was signed into law. Commonly known as Senate Bill 330 (Chapter 654, Statutes of 2019), the law became effective January 1, 2020, and was intended to increase residential development, protect existing housing inventory, and expedite permit processing. SB 330 establishes a requirement for the City to implement a preliminary application process. The intent of this process is to make the development review process faster and provide certainty to an applicant by locking in the development requirements, standards, and fees at the time a complete application is submitted. By doing so, the City is prohibited from applying new ordinances, policies and standards to a development after the preliminary application is complete. SB 330 also limits a housing project to no more than five hearings after the application is deemed complete, presuming the project is in compliance with objective standards from the general plan and zoning code. On May 2, 2025, the City deemed the application submittal complete, and the City did not apply any new standards and fee requirements. The Planning Commission hearing is the first hearing for the project. ENVIRONMENTAL REVIEW: The Tustin City Council certified the Final Program Environmental Impact Report (FPEIR) for the RHASP on October 16, 2018. The FPEIR is a Program EIR under the California Environmental Quality Act (CEQA). The FPEIR considered the potential environmental impacts associated with the buildout of the RHASP. The Project proposes the development of the site with uses that are consistent with the RHASP Program EIR, pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.). An environmental checklist has been prepared for the project and establishes the basis for an Addendum to the FPEIR. The checklist confirms that the project is within the scope of the FPEIR as provided in State CEQA Guideline Section 15168, and the Addendum augments the analysis in the FPEIR as provided in CEQA Guideline Sections 15162 and 15164. The Addendum to the FPEIR supports the determination that no supplemental or subsequent EIR is required to evaluate the proposed project. Environmental analysis and mitigation measures from FPEIR have been incorporated into the Addendum (Exhibit C to Attachment D), such that the project will be required to comply with applicable mitigation measures identified in RHASP EIR/Mitigation Monitoring and Reporting Program (MMRP). Docusign Envelope ID: CECF639D-0073-45F5-B61 D-OEMAMISDW Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 19 CONCLUSION: As proposed, the project complies with the objectives, land use regulations, development standards, as applicable per the State Density Bonus Law. Findings to support the Residential Allocation Reservation, Design Review, Development Agreement, Subdivision, and Density Bonus Requests have been included in the Planning Commission Resolution Nos. 4526 and 4527. Prepared by: i Leila Carver, Senior Planner Consultant Approved by: ESigned by: ayw�e-n 1?avv', E48A67E1967540F... Raymond Barragan, Principal Planner Signed by: C3F97677838E410... Jay Eastman, AICP, Assistant Director Signed by: ED45DA2623B54A5... Justina L. Willkom, Community Development Director Compass at Red Hill (Meritage Homes) Planning Commission May 13, 2025 Page 20 Attachments: A. Radius and Project Location Map B. Land Use Application Fact Sheet C. Submitted Plans 1. Development Plans 2. Renderings D. Resolution No. 4526 Planning Commission (RAR 2025-0001, DR 2024-0014, SUB 2024-0005/ TTM No. 19361, Density Bonus Concession Requests) 1. Exhibit A: Conditions of Approval 2. Exhibit B: TTM 19361 3. Exhibit C: Addendum to the Red Hill Avenue Specific Plan EIR with Technical Appendices including MMRP E. Resolution No. 4527 — Planning Commission (DA 2024-0004) 1. Exhibit A: Development Agreement DA 2024-0004 2. Exhibit B: Draft Ordinance No. 1566 F. Public Comments — Letter of support from Tibor Kelemen, dated April 17, 2025 ■ C> 'Srr Tustin Hgh /cc hoe I 1K Radius Map N City of Tustin 13841 & 13751 Red Hill Avenue APN: 500-141-10 & 500-141-09 Date Exported: 4/10/2025 5:32 PM ATTACHMENT B LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): RAR 2025-0001, DR 2024-0014, DA 2024-0004, SUB 2024- 0005 / TTM No. 19361, AND DENSITY BONUS REQUESTS 2. LOCATION: SOUTHWEST CORNER RED HILL AVENUE & SAN JUAN AVENUE 3. ADDRESS: 13841 & 13751 RED HILL AVENUE 4. APN(S): 500-141-10 & 500-141-09 5. PREVIOUS APPLICATIONS RELATING TO THIS PROPERTY: • DR 2021-0002; DA 2021-0001: SUB 2021-0001/VTTM 17822, DENSITY BONUS, CONCESSION/ INCENTIVE FOR A REDUCTION IN PRIVATE AND COMMON OPEN SPACE; AND WAIVER OF PARK FEES FOR SIX AFFORDABLE UNITS FOR CONSTRUCTION OF A MIXED -USE PROJECT WITH 137-UNITS; 114 BASE UNITS PLUS A 20% DENSITY BONUS (23 DENSITY BONUS UNITS); AND 7,000 SF OF RETAIL COMMERCIAL AREA. 6. SURROUNDING LAND USES: NORTH: MULTI -FAMILY RESIDENTIAL SOUTH: CARWASH/GAS STATION EAST: RED HILL AVENUE PLAZA SHOPPING CTR. WEST: TUSTIN HIGH SCHOOL 1. SURROUNDING ZONING DESIGNATION: NORTH: R-3 — MULTIPLE FAMILY RESIDENTIAL SOUTH: RHASP — RED HILL AVENUE SPECIFIC PLAN EAST: RHASP — RED HILL AVENUE SPECIFIC PLAN WEST: PUBLIC & INSTITUTIONAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: HDR — HIGH DENSITY RESIDENTIAL SOUTH: RHASP — RED HILL AVENUE SPECIFIC PLAN EAST: RHASP — RED HILL AVENUE SPECIFIC PLAN: WEST: PI — PUBLIC/INSTITUTIONAL 9. SITE LAND USE: A. EXISTING: VACANT LAND B. PROPOSED: CONSTRUCTION OF MIXED -USE PROJECT; 61 BASE UNITS PLUS A 20% DENSITY BONUS (12 DENSITY BONUS UNITS) = 73 TOTAL UNITS C. GENERAL PLAN: RHASP — RED HILL AVENUE SPECIFIC PLAN PROPOSED GP: SAME D. ZONING: RHASP — RED HILL AVENUE SPECIFIC PLAN PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 3.39 ACRES APPROX. 11. PROPOSED RESIDENTIAL SQ.FT.: 114,951 SF TOTAL 73 UNITS INCLUDING: • (6) PLAN 2531X: 1,210 SF, 2 BED, 2.5 BATH, STANDARD GARAGE • (6) PLAN 2532X: 1,210 SF, 2 BED, 2.5 BATH, STANDARD GARAGE • (30) PLAN 1633: 1,497 SF, 3 BED, 3 BATH, TANDEM GARAGE • (31) PLAN 1638: 1,791 SF, 4 BED, 4 BATH, STANDARD, GARAGE 12. PROPOSED DENSITY: 18 DU/AC (WITHOUT DENSITY BONUS) 21.5 DU/AC (WITH DENSITY BONUS) 13. PARKING: 164 STALLS PROPOSED FOR RESIDENTIAL • 146 STALLS PROPOSED FOR RESIDENTS • 18 STALLS PROPOSED FOR GUEST 14. TENANT IMPROVEMENTS: N/A MeneHomesa MLC Holdings., Inc. ITMA10,2610,11 Kevin L. Crook I Architectlqql �0 I nc I C 0 PM/'\SS AT TUSTIN, CALIFORNIA 04/29/2025 P-1 Illustrative Site Plan A-15 801 A Building 1-4 ( 8 - Plex ) - First Floor Plan CIVIL P-2 Dimensioned Site Plan A-16 801 A Building 1-4 (8 - Plex) - Second Floor Plan C-1 Site Plan P-3 Open Space A-17 801 A Building 1-V4 (8 - Plex) - Third Floor Plan C-2 Tentative Tract Map TOWNHOMES A-18 801A Building 1-4 (8 - Plex) - Roof Plan C-3 Preliminary Grading and Utility Plan A-19 801 A Building 1-4 (8 - Plex) - Front Spanish Eclectic "A"Elevation C-4 Preliminary Parking and Circulation Plan A-1 402A Building 6 (4 - Plex)- First Floor Plan A-20 801 A Building 1-4 (8 - Plex) - Rear Spanish Eclectic "A" Elevation LANDSCAPE A-2 402A Building 6 (4 - Plex)- Second Floor Plan A-21 801 A Building 1-4 (8 - Plex) - Side Spanish Eclectic "A"Elevations A-3 402A Building 6 (4 - Plex)- Third Floor Plan L-1.00 Conceptual Landscape Plan A-4 402A Building 6 (4 - Plex)- Roof Plan A-22 1005A Building 5, 8 & 9 (10 - Plex) - First Floor Plan L-1.10 Conceptual Plant Palette A-5 402A Building 6 (4 - Plex)- Front Spanish Eclectic "A" Elevation A-23 1005A Building 5, 8 & 9 (10 - Plex) - Second Floor Plan L-2.00 Maintenance Plan A-6 402A Building 6 (4 - Plex)- Rear Spanish Eclectic "A" Elevation A-24 1005A Building 5, 8 & 9 (10 - Plex) - Third Floor Plan L-3.00 Common Open Space Plan A-7 402A Building 6 (4 - Plex)- Side Spanish Eclectic "A" Elevations A-25 1005A Building 5, 8 & 9 (10 - Plex) - Roof Plan L-4.00 Conceptual Wall/Fence/Mailbox Plan A-26 1005A Building 5, 8 & 9 (10 - Plex) - Front Spanish Eclectic "A" Elevation L-4.10 Details A-8 703A Building 7 (7 - Plex) - First Floor Plan A-27 1005A Building 5, 8 & 9 (10 - Plex) - Rear Spanish Eclectic "A" Elevation L-4.20 Details A-9 703A Building 7 (7 - Plex) - Second Floor Plan A-28 1005A Building 5, 8 & 9 (10 - Plex) - Side Spanish Eclectic "A" Elevations L-5.00 Conceptual Lighting Plan A-10 703A Building 7 (7 - Plex) - Third Floor Plan L-5.10 Vehicular Lighting Concept A-1 1 703A Building 7 (7 - Plex) - Roof Plan A-29 Townhome - Sections L-6.00 Conceptual Park Enlargements A-12 703A Building 7 (7 - Plex) - Front Spanish Eclectic "A" Elevation L-6.10 Park Elements Imagery A-13 703A Building 7 (7 - Plex) - Rear Spanish Eclectic "A" Elevation A-30 Written Color Schemes & Digital Color Boards L-6.20 Conceptual Corner Plaza A-14 703A Building 7 (7 - Plex) - Side Spanish Eclectic "A" Elevations L-6.30 Plaza Elements Imagery Developer: Meritage Homes 5 Peters Canyon Road, Irvine, CA 92606 Contact: Johanna Crooker Business: (855) 588-6374 www.meritagehomes.com Kevin L. Crook Arch itect Inc PLANNING + ARCHITECTURF Architect: Kevin L. Crook Architect, Inc. 1360 Reynolds Ave. Suite 1 10 Irvine, CA 92614 Contact: Jeff Addison Business: (949) 660-1587 www.klcarch.com Ki'ff m I ey))) H o r ExpeO More, Experience Better_ Civil & Landscape: Kimley Horn 1 100 W Town and Country Road, Suite 700, Orange, CA 92688 Contact: Mike Sutton Matthew J. Durham Business: (714) 939-1030 www.Kimley-Horn.com Guest Parkins • Located at back of project to preserve streetscene along Red Hill Avenue • Provides a buffer between homes and high school sports fields • Separated from fields by block wall and landscaping to preserve privacy 1 Community Edge • New Sounds wall to reduce noise from car wash • Overhead Utilties to be relocted underground Primary Common Recreation Area 1 • Tot Lot with fixed seating • Central gathering space with shade structure, barbecue counters, and fixed tables with seating • Open turf area for free play • See Landscape Plans for details TUSTIN HIGH SCHOOL Residential Townhomes • Three-story R-3 Townhomes • 1210-1791 square feet • 2-4 Bedrooms • 2-Car Garages in both tandem and side -by side configurations to achieve density fang �m:, AMI All RED HILLAVENUE Community Entry • New Signalized intersection with continental crosswalk will provide connectivity to commercial uses across the street (Please refer to Civil plans for full intersection design) • Entry to be enhanced with focal accent trees, landscaping, special paving and community signage to announce arrival Neighbor Adjacency • Existing block walls to be protected in place and painted with anti -graffiti coating • New block wall to be provided adajcent to high-schooal • Planting to include vertical evergreen screen trees and shrubs to soften wall appearnce (See Landscpe Plans) Common Recreation Area 2 • Central gathering space with barbecue and fixed tables with seating • Open turf area for free play • See Landscape Plans for details R 1 EXISTING RESIDENTIAL ,! V) 1:0 V) Z W BUILDING 6 Z � Q Z Q a U) Summary Site Area: 3.39 acres Total Homes: 73 • (12) Plan 2532: 1,215 SF, 2 Bed, 2.5 Bath, Standard Garage • (30) Plan 1633: 1,497 SF, 3 Bed, 3 Bath, Tandem Garage • (31) Plan 1638: 1,765 SF, 4 Bed, 4 Bath, Standard Garage Net Density: 21.53 du/ac Parking Spaces Required: 160 Total Spaces • 2 bedroom units: 1.6 spaces per unit • 3 bedroom or more units: 2 space per unit • 1 guest parking space per every 4 units Parking Spaces Provided: 164 Total Spaces • 2 garage per unit = 146 • Off-street Guest = 18 Open Spaces Required: 300 SF per unit Open Space Provided: 518 per unit Notes: 1. 13751 Red Hill Ave, Tustin, CA 92780 2. A P N : 500-141-10, 500-141-09 3. Application Numbers: 2024-0002, (DR)2024-004, and (SUB) 2024-000 4. Type VB construction with NFPA 13D automatic sprinkler system. 5. Existing/Proposed General Plan, Zoning, and Specific Plan: Redhill Avenue Specific Plan 6. Inclusionary Required: 5% VL 7. Inclusionary Proposed: 5% VL 8. Density Bonus: N/A 9. Concessions/Waivers: Setbacks, open space, Incentive to eliminate the commercial requirement 10. SB330: Yes (Vesting Date: N/A) 11. CEQA: Addendum to the Specific Plan EIR San Juan Frontage • Homes are oriented toward San Juan to face and engage single family homes across the street • New street trees to be planted to enhance the existing residential neighborhood Corner Plaza • Plaza space accessible to the public welcomes visitors, engages neighbors, and activates the corner • Secondary Gateway Signage announces entry into the District • Enhanced with trees, landscaping, and more to serve the neighborhood (See Landscape Plans for details) Red Hill Avenue Frontage • Homes are designed to front along Red Hill Avenue and provide a superior street scene • Front doors and porches face the sidewalk to create a welcoming and pedestrian friendly corridor • Second story balconies and windows face the street to support "eyes -on" security and further activate the district • New on -street parking bays add addtional parking for the Disttrict • Expanded parkways with trees will grow to provide shade, beauty, and comfort to new sidewalks and Class II bike lanes, promoting walking and biking Kimley)))Horn Illustrative Site Plan A A 3CIJUII MLC Holdinas. Inc. I lJ �Tl l'l . C� I ITCH I Q:�m w L LL-z M Y �Q 01 PROP. RAISED MEDIAN PER RHASP 1�v INTERSECTION TO BE SIGNALI TUSTIN HIGH -I.I- Dimensioned S • • ite Plan LO i,BP: 33+15. 36+6& Development Standard Required per RHASP Proposed RHASP Table 4-3 A. Minimum • 100 feet • San Juan: 123 feet Required Street • Red Hill: 585 feet Frontage/Lot Width B. Maximum • 4 stories and 50 feet for • 37 feet (3 stories) Building Height mixeduse • 3 stories and 40 feet C. Front Yard • None with required pedestrian 9 None with a (Building) Setback accessible amenities combination of • 5-foot (aggregate) setback porch and landing above the second story; frontages • Addtional upper story • 5-foot aggregate setbacks may be imposed setback with the during design review process. includion of upper story balconies D. Side Yard • 10 feet * 10 feet Interior Setback E. Side Yard • None with required pedestrian 9 None with a (Corner/Street accessible amenities combination of Side) Setback • None with required frontage porch and landing style or porch, courtyard, or frontages landing F. Rear Yard • 10 feet • 10 feet G. Building • 10 feet • 22 feet Separation (freestanding buildings containing residential and adjacent building(s) H. Open Space 1. 100 SF per unit x 73 = 7,300 Approximately 518 SF 1. Private 2. 200 SF per unit x 73 = 14,600 per unit combined 2. Common P. Or 300 SF per Unit Combined (see page L-3.00) RHASP Table 4.4 Parking Standards Resident Parking ' 2 bed: 1 space/unit • 146 spaces • 3 or more bed: 2 spaces/unit 2.0 space/unit) Guest Parking 1 guest space per 4 units • 18 spaces 1. Keduced through Density bonus Law (L)BL) Parking Ratios } Ic 20 4} 11 16 15 14 TUSTIN T-IIGH 1SCHOGt_O 9 8 7 6 CD I all 01 Fiat FIw sulffI G 2 1� 14 - 0 mul®®m FM- P• RED HILAVER!UE I I PLM lam 09 EF 738F Note: No open space occurs on the Third Floor LRQ I Rec Area 1 -F 1 F F � � L IRM19M PLM IBM DD8F u 9 0 0 M ■ -J i r ' EX I STI NG RES I D E NTIAL 1 _� Rec AreA ±3, 049 SF Open Space I L A A L W TW Total Homes: 73 Useable Open Space Required: 200 SF per unit combined = 14,600 SF Useable Open Space Provided: 425 SF per unit = 31,016 SF (see table below for detailed break down) Private Open Space Plan No. SF per unit No. of units Total Private open space 2532 1633 1638 73 96 198 12 30 31 876 2,880 3,069 Total Private 63825 Common Open Space (Maintained by HOA) Area SF Amenity Areas 11,876 Common Areas 19,140 Total Combined Open Space 31,016 SUJZ 1 0 E & 6ipniiiii 1 0 16 #h 0 gent�ili- MLC Hold inas. Inc. I lJ �Tl l'l . C� I ITCH C'7 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638X.2R 1,765 S.F. 4 BDRM., 4 BATH .. . I r r �II I I II I I II I I II I UNIT 1633.1 R 1,497 S.F. 3 BDRM., 3 BATH UNIT 1633.2 1,497 S.F. 3 BDRM., 3 BATH T 0 W N H 0 M E 402A BUILDING 6 (4-PLEX) FIRST FLOOR PLAN COM�ASS AT 6 TUSTIN - CALIFORNIA UNIT 1638X.1 1,765 S.F. 4 BDRM., 4 BATH 04/29/2025 A-i i i i i I 0 2 4 8 12 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS r------------------------------------------ - - - - -- --------------------------------------= UNIT 1638X.2R UNIT 1633.1 R UNIT 1633.2 UNIT 1638X.1 T 0 W N H 0 M E 402A BUILDING b (4-PLEX) SECOND FLOOR PLAN OM�PASS AT 6 TUSTIN - CALIFORNIA 04/29/2025 A-2 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638X.2 R UNIT 1633.1 R UNIT 1633.2 UNIT 1638X.1 T 0 W N H 0 M E 402A BUILDING 6 (4-PLEX) THIRD FLOOR PLAN COM�ASS AT _ 6 TUSTIN - CALIFORNIA 04/29/2025 A-3 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect N Inc 1 :4*: PLANNING + ARCHITECTURE OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638X.2 R UNIT 1633.1 R UNIT 1633.2 UNIT 1638X.1 T 0 W N H 0 M E 402A BUILDING b (4-PLEX) ROOF PLAN COMPASS CALIFORNIA 04/29/2025 A-4 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect Inc PLANNING + ARCHITECTURE OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638X.2 R UNIT 1633.1 R UNIT 1633.2 FRONT ELEVATION COLOR SCHEME 1 T 0 W N H 0 M 402A BUILDING b SPANISH ECLECTIC "A" UNIT 1638X.1 E (4-PLEX) ELEVATION COMPASS AT 6 TUSTIN - CALIFORNIA s k .■ 04/29/2025 A-5 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE T.O.P. F.F. tV -' .'T.O.P. F. F. OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS or ,4 p UNIT 1638X.1 R rw q P, FA7 UNIT 1633.2 U NIT 1633.1 R REAR ELEVATION COLOR SCHEME] T 0 W N H 0 M 402A BUILDING b SPANISH ECLECTIC "A" DO UNIT 1638X .2 R E (4-PLEX) ELEVATION Cf"'*'M�PASS AT kll�- - ,- CALIFORNIA 2 04/29/2025 A-6 Kevin L. Crook o Architect 0 Inc 14# PLANNING + ARCHITECTURE 14 UNIT 1638X.2R LEFT ELEVATION OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS COLOR SCHEME 1 T 0 W N H 0 M 402A BUILDING b SPANISH ECLECTIC "A" E (4-PLEX) ELEVATIONS COMPASS AT TUSTIN - CALIFORNIA .Lm UNIT 1638X.1 RIGHT ELEVATION 04/29/2025 A-7 Kevin L. Crook o Architect N Inc PLANNING + ARCHITECTURE 19 UNIT 1638Y.1 1,765 S.F. 4 BDRM., 4 BATH OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS 121 '-0" r r r I I I I I I I I I I I I I I I I I I I I I I I I UNIT 1633.1 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638.2 1,765 S.F. 4 BDRM., 4 BATH UNIT 1633.2 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638.1 1,765 S.F. 4 BDRM., 4 BATH T 0 W N H 0 M E 703A BUILDING 7 (7-PLEX) FIRST FLOOR PLAN OM�PASS AT 6 TUSTIN - CALIFORNIA UNIT 1633.1 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638X.2 1,765 S.F. 4 BDRM., 4 BATH 04/29/2025 A-8 Kevin L. Crook o Architect c) N Inc PLANNING + ARCHITECTURE r-------------------- OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638Y.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 T 0 W N H 0 M E 703A BUILDING 7 (7-PLEX) SECOND FLOOR PLAN OM�PASS AT 6 TUSTIN - CALIFORNIA 04/29/2025 A-9 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE u BEDRM. 2 1 F-5" x 10'-2" 60"x32• BATH 2 Ll TUB/ SHOWER u O ❑ BEDRM. 2 URN —I ---� 12'-1' x10'-10" I i BATH 2 'WASHER/ I LAU. 60"02" DRYER I TUBS SHOWER I I I L O I I I I' LAU. WORK/I .A.G, i tt STUDY i ; HALL 'WASHER/I F DRYER '. i 30"x3O" j SHOWER i I i, A A` r — I I / I —? F.A.U. I F.A.0 \�� PRIM. BATH O L---- - - I PRIM. SHOWER --- --- I "x30" ii i BATH \ --- --- Aa�.WoiCJ O OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS ❑ ff fl HIM ILE I jR.A.G. PRIM. 15-11 I`� I R.A.G. L---� HALL 60°x32• BATH 2 SHOWER O BEDRM.2 --� 12'-O" x10'-1 O" I 'WASHER/ I LAU. i DRYER I I I I L �-I ---� JE WORK/I \.A.G. i11 HALL STU DY i `\ ---� 60•04• - � SHOWER Jill IMM �F.A.U. --_ I I : PRIM. BATH 'lei F'1 R.A.G. yJlulll PRIM. BEDRM. n n n n I 15'-11"x 11'-8" I"U--II�uI� Il�ul�l�lllllll H L W.I.C.= UNIT 1638Y.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 T 0 W N H 0 M E 703A BUILDING 7 (7-PLEX) THIRD FLOOR PLAN COM�ASS AT _ 6 TUSTIN - CALIFORNIA 04/29/2025 A-1 0 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect"q N Inc 1 :4*: PLANNING + ARCHITECTURE OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638Y.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 T 0 W N H 0 M E 703A BUILDING 7 (7-PLEX) ROOF PLAN COMPA."SS AT -_ f CALIFORNIA10 04/29/2025 A-1 1 Kevin L. Crook �' o Architect N Inc PLANNING + ARCHITECTURE Mer*ltageHomes' MLC Holdings., Inc. ■w� ■: ■ ��l y��� �� � ■� F �■d� � ���jj� ■w����■ ■ Sri■ y �� � �� ■1 �� a .. �� x �� ��■ y��� � two I Im 1 0 ! ■1 rr�■f K/y �rr�b ■ ,�,■�Af�i ���� gyp;- ewe w4 y��■r. r4/ nr�r0 ■�■ 4 ■ri■'r■ritr■r��■�■.■sUP_ r■ WIN l■rAr■�■� ! �s�w �� =9 '� ■OEM SamG NI■� :r� ,# A A A �i".���y d■ r ■��r a r w�■��,... .� 5 �'MW M ■!: !.: �..�0 �;,s+��i■rr A��r� ■■x ���iRF ""�►. � ��� ����1!1��r�Ir ��°�ap�..::.:' ��m■4�i�■ ram......_ ���■N+w��,rGe �.�� ,w.a om r■rl' � A_ ■!A � ��.A� � � ay k ■ �■ ■�■ ■i:. r■i ■■� rre � pje= � �:_�;li�■1'� �� 3■ ■sww .►■4�,*�+ .■_i�� ■��I�:■ei■iwy�a■!�~ �e �- ■ !■1r ew4■r 'All i. ��i�■.■� i �. rare r~ ■ ■ w„■ y■r■ "Ni_ c§- �_ r'/rl��3 ".�'j��ai�■��l�l��Ap�!�f�!FF�,�. -,�•-�=.���s�.,� IN 4r - UNIT 1638.2 UNIT 1633.2 UNIT 1638.1 FRONT i !■ ! W N H ! M E 703A BUILDING 7 (7-PLEX) ,COMPASS AT 04/ ANISH ECLECTIC "A'' ELEVATION fir- � r ft- " It OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1638X .2 UNIT 1633.1 U N IT 1638.1 UNIT 1633.2 REAR ELEVATION COLOR SCHEME 2 UNIT 1638.2 T 0 W N H 0 M E 703A BUILDING 7 (7-PLEX) SPANISH ECLECTIC "A" ELEVATION Cf"'*'M�PASS AT kll�- - ,- CALIFORNIA UNIT 1633.1 UNIT 1638Y.1 04/29/2025 A-1 3 Kevin L. Crook o Architect 0 Inc 14# PLANNING + ARCHITECTURE UNIT 1638Y.1 LEFT ELEVATION OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS COLOR SCHEME 2 T 0 W N H 0 M 703A BUILDING 7 SPANISH ECLECTIC "A" C] E (7-PLEX) ELEVATIONS COM�ASS AT 6 TUSTIN - CALIFORNIA w - UNIT 1638X.2 RIGHT ELEVATION 04/29/2025 A-1 4 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE m N LLLo CY) L/) N LO L N � - � N z � � N A/C I I I I � I \ I v I I I STORAGE: 4'-0" xl l'-10" I 389 cu. ft. I ,.I I 1�II 0 I N I PORCH 115 S.F. I u u GARAGE ' 21 1 x 20--2" \ I � \ I 20'-ill � I � I I i ♦ i � I A/C I I 1-----1 U NIT 2532X.1 R 1,215 S.F. 2 BDRM., 2.5 BATH OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1633.2 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638.1 1,765 S.F. 4 BDRM., 4 BATH 127-8'' UNIT 1633.1 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638.2 1,765 S.F. 4 BDRM., 4 BATH T 0 W N H 0 M E 801 A BUILDING 1-4 (8-PLEX) FIRST FLOOR PLAN COM�ASS AT 6 TUSTIN - CALIFORNIA UNIT 1633.2 1,497 S.F. 3 BDRM., 3 BATH UNIT 1638X.1 1,765 S.F. 4 BDRM., 4 BATH 04/29/2025 A-1 5 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE N co N Z ---------------- I�� I PAN RY- I _REF. i U NIT 2532X.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638X.1 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E 801 A BUILDING 1-4 (8-PLEX) SECOND FLOOR PLAN OM�PASS AT 6 TUSTIN - CALIFORNIA 04/29/2025 A-1 6 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE N co N Z U NIT 2532X.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638X.1 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E 801 A BUILDING 1-4 (8-PLEX) THIRD FLOOR PLAN COM�ASS AT - 6 TUSTIN - CALIFORNIA 04/29/2025 A-1 7 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE �I N (y) L0 N Z U NIT 2532X.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638.2 UNIT 1633.2 UNIT 1638X.1 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E 801 A BUILDING 1-4 (8-PLEX) ROOF PLAN COMPA."SS CALIFORNIA 04/29/2025 A-1 8 Kevin L. Crook o CD Architect N Inc PLANNING + ARCHITECTURE OIL 1■ �• i�a a f Mel WOMMI rlr�r�!■!rtlHMN OEM wf�� Mer*ltageHomesa F"7..-fir!■Ns��lA�■�■w��lY � -,AOKI §6 0 IR I In POISON +I • ti � COMPASS ', MLC Holdings., Inc. i I s � , ----•--- - ---I-----. uiwwr — iniiiiiil�ii■■ aaag w�� »�iii■�i ^xaytiara++ _ 12, 4i J Lji EJ Elm ------------- L-J L.LL� LL-LL Mer*ltageHomesHoldings.,MLC Inc. LIMIT - L- L- L-- L- L- L- M. Ill I_ _ :. L id ll Lill 7L7L L7L-L- Ilf LILT L-L-L-L-L-L-L . 4 F L-LL- r�� J Lur LL LL� IN[: L. LL III LLL Ili AL UNIT 2532.1 R LEFT ELEVATION OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS U NIT 2532X.1 R COLOR SCHEME 1 T 0 W N H 0 M E 801 A BUILDING 1-4 (8-PLEX) SPANISH ECLECTIC "A" ELEVATIONS COMPASS AT TUSTIN - CALIFORNIA UNIT 1638X.1 RIGHT ELEVATION 04/29/2025 A-21 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE I" I�I L - - 1I l l I I I I I I I I I I I I I I I I UNIT 1638X.1 R UNIT 1633.2R UNIT 1638.2R UNIT 1633.1 R UNIT 1638.1 R UNIT 1633.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 1,765 S.F. 1,497 S.F. 1,765 S.F. 1,497 S.F. 1,765 S.F. 1,497 S.F. 1,497 S.F. 1,765 S.F. 1,497 S.F. 1,765 S.F. 4 BDRM., 4 BATH 3 BDRM., 3 BATH 4 BDRM., 4 BATH 3 BDRM., 3 BATH 4 BDRM., 4 BATH 3 BDRM., 3 BATH 3 BDRM., 3 BATH 4 BDRM., 4 BATH 3 BDRM., 3 BATH 4 BDRM., 4 BATH OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E 1005A BUILDING 5,8 & 9 (10-PLEX) FIRST FLOOR PLAN COMPASS AT TUSTIN - CALIFORNIA 04/29/2025 A-22 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE r------------------- r UNIT 1638X.1 R UNIT 1633.2R UNIT 1638.2R UNIT 1633.1 R UNIT 1638.1 R UNIT 1633.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E I 005A BUILDING 5.,8 & 9 (10-PLEX) SECOND FLOOR PLAN OM�PASS AT 6 TUSTIN - CALIFORNIA 04/29/2025 A-23 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE UNIT 1638X.1 R UNIT 1633.2R UNIT 1638.2R UNIT 1633.1 R UNIT 1638.1 R UNIT 1633.1 R UNIT 1633.2 UNIT 1638.1 UNIT 1633.1 UNIT 1638X.2 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS T 0 W N H 0 M E 1005A BUILDING 5.,8 & 9 (1 0-PLEX) THIRD FLOOR PLAN COM�ASS AT - 6 TUSTIN - CALIFORNIA 04/29/2025 A-24 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE F— — — — — — — -------, F — — — — — — — -------, F — — — — — — — — — — — — — — --------- ---------------- � 0 I I 0 I I 0 II I 0 I I 0 4:12 I N N I 4:12 I N N I 4:12 II N N I 4:12 I I 4:12 I I I I II I I I I N N I --------------------------- I II II I II II II II II II II II I II II II II II II II II I I II II II II II II II II I I I II II II II II II II II I I II II II II II II II II I I II II II II II II II II I II II II II II II II II I I I II II II II II II II II I I II II II II II II II II I N II II II II II II II II I I II II II II II II II II I � I II II II II II II II II I I II II II II II II II II I I II II II II II II II II I I II II II II II II II II I I II II 0 II II II II 0 II II II I I II II --------------------------- 4:12 II II II II 4:12 II II II I II II II II II II II II II I I II II II II II II II II II L � I A/C 1 A/C I A/C I A/c � n/c 1 L I 4:12 0 L--------------------- II II 4:1 2 _-; -- - - - - - - - - -- - - % I 4:12 0 N N N N 4:12 0 I�------7 /— ---\7 17------ �I IL------7 /— ------�I I I I I 4:12 li 4:12 it li 4:12 it 0 i1 0 li 4:12 it 0 li 4:12 I� � --------------------- --------------------- I I --------------------- UNIT 1638X.1 R UNIT 1633.2R UNIT 1638.2R OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 1633.1 R UNIT 1638.1 R UNIT 1633.1 R UNIT 1633.2 T 0 W N H 0 M E 1005A BUILDING 5,8 & 9 (10-PLEX) ROOF PLAN COMP -ASS CALIFORNIA I I II II II II II II N II II I I II II II II II II N N IL------ I li 4:12 ii it 11 N 0 �j N jl --------------------- --------------------- UNIT 1638.1 UNIT 1633.1 04/29/2025 A-25 I I I I L L I L — — — — — — — — — — — — — ------- I L 4:12 0 I --------------------7 UNIT 1638X.2 Kevin L. Crook �' o Architect Inc PLANNING + ARCHITECTURE iAUiiuiPiiill911 ------ NO Men t' MLC Holdings., Inc. Al ke" kvil Wffrjl�' ft ■ lil■� ■i fRiN,w�* x 1 !I �� 1��1�1� -s ��I II �11�. ■1■i■if ■ ■ 11 �� ■ ■fir ■ ■�!��� �' �� �"� ,^� _ � rl�r�A��+il 1���' � � _� �! �� _ �rl�rinA_ �� Re �e..c�����et..,.n�ny�r■�' ��i ■ '� `� �����! � h � !■M� �• '■ ' �■�■ �!�®��`-` ��� e�..� 1.�■Nib � � � ■��.i,1"i�l��i�t -A wrir� �. ��•�rirw�� �A �Lrs�,,r.:. r e tiw. y ��s s N► �� ,�i���iw: �rrrl�' ������ � ,� � � ,��� .i:1�rw4A� � s i��pr: ■ Ro ■� ,��� ,�� �-,� wry � � � �, �e■�■� rpitOF �srr �s1 �r�I�ITY .��M11�s M �e�lNBOOM 11 .■i+4�+id■i w�•+���y� 1.�wii7■�.;i+4i■tl■iw4■+���U' �� A�N#ri�� w. 5 wi � �+ rsy R 5 �!� � �, �y ppdd s;. r!4L+ iIs �r i �!`►� .n q �!'!a7is s�s�+rr �j - *� R1 1F711 _� 11 ■rrrrr --------=-rIII Ism old riirson MINE EMS � - �®� �;� �_ ® ''■ ����.--= ���®� � rim Q�- 4 A . F1 r^ M I*e 1 L—fll� [ Wig1 JUN IIIIII� � :IIII Illll (IIIII IIIII illlli _ 111I IIIII llllll MeritageHomesa/ MLC Holdings., Inc, CPill will im', 9.li1il1ili 1. :.IIIuIlJl 0-11 Li-�. �I�rII it llllll]I w All AL-JNIUMM JIM loll 111N 111111 [ ll��� ill lll� !IIIII � Jllli; voi < <'M"l l II I I -7 0 Ito we r it 11m1UJUIIUIUUT 'AR IrJIrrJult'"JI LF l111 1 lIIM lYll lrl .11111 lln IIII JL. 11 11111 [IIIII IIII 1rIF F L — Ir11 1111 LIN F1 A I I a�i"{{ ; ���n kill Illll III'' 1U !" .OU-11im-111V ' 1-101"A����:IIIII �wdk.' � � ��I111�; IIIII IF- �111 II, t. A Ak UNIT 1638X.1 R LEFT ELEVATION OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS COLOR SCHEME 2 T 0 W N H 0 M 1005A BUILDING 5,8 & SPANISH ECLECTIC "A" a L: jN T 9 (10-PLEX) ELEVATIONS COM�ASS AT 6 TUSTIN - CALIFORNIA YV: UNIT 1638X.2 RIGHT ELEVATION 04/29/2025 A-28 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE UNIT 1633 OCCUPANCY: R3 TOWNHOME/U SPRINKLER SYSTEM: NFPA 13D CONSTRUCTION: VB SQUARE FOOTAGE MEASUREMENT TAKEN FROM OUTSIDE WALLS UNIT 2532 TOWNHOME - SECTIONS OM�PASS AT 6 TUSTIN - CALIFORNIA UNIT 1638 04/29/2025 A-29 i i i i I 0 2 4 8 12 Kevin L. Crook o Architect 0 N Inc 1 :4*: PLANNING + ARCHITECTURE COMPASS AT RED HILL TUSTIN, CA SPANISH ECLECTIC "A" SCHEME 1 SCHEME 2 STUCCO 1 1503 1572 STUCCO PAINT MATCH"' SW 7028 INCREDIBLE WHITE RGB 255/255/255 STUCCO 2 qq SW9084 SW9169 (WAINSCOT / 1ST FLOOR COCOA WHIP CHATURA GRAY STUCCO ENTRIES) FASCIA / TRIM / SW6083 SW6075 GARAGE DOOR SABLE GARRET GRAY FRONT DOORS / SW2839 SWO032 SHUTTERS RYCRFT COPPER RED NEEDLEPOINT NAVY SW6061 SW6061 CLAY PIPES TANBARK TANBARK SW7675 SW7675 WROUGHT IRON SEALSKIN SEALSKIN EAGLE ROOF: LOW 2636 2606 PROF. 'IS" MALIBU PIEDMONT BLEND VALLEJO RANGE NEWPOINT ROOF: LOW 1VICS3182 1VICS6464 PROF. 'IS" VILLA GARNET BLEND CA MISSION BLEND STACKED STONE STACKED STONE STONE: SANTA FE CHAPEL HILL DECORATIVE TILE: SANTA BARBARA SANTA BARBARA 4.25" x 4.25" ITEM #30984 ITEM #30798 CERAMIC TILE: RUBY GLOSS SB NOCTURNAL SEA TERRA NOVA MEDITERRANEO 4.25" x 4.25" ITEM #30612 ITEM #80716 GUTTERS: RUSTIC BROWN RUSTIC BROWN ALL FLASHING, GUTTERS, DOWNSPOUTS ETC. TO BE PAINTED TO MATCH ADJACENT SURFACE. *** For photoshop renderings only, do NOT use in the field PROJECT 24005 CREATED 6/12/24 Planning Rev. 12/3/24 STUCCO: OMEGA SHERWIN PAINT: WILLIAMS CONCRETE EAGLE / ROOF: WESTLAKE GUTTERS: RGS DECORATIVE TIERRA Y TILE: FUEGO TIERRA Y CERAMIC TILE: FUEGO STONE: ELDORADO Kevin L. Crook Architect Inc PLANNING + ARCHITECTURE SPANISH ECLECTIC "A" SCHEME #1 Cc)' 0-- PIT 0 s -yam U�LL_ 0 CIO A. _ O = t cn CERAMIC TILE his lip p i � N U0 U) z DECORATIVE TILE OU -00 0"w a U 0 O � a — �LU o� Q ~ cn Q Q I— V) U U Z LL LL COMPASS AT RED HILL Kevin L. Crook ita_ Architect #2400s I n C TUSTIN, CA DEC. 3,2024 PLANNING + ARCHITECTII RE SPANISH ECLECTIC "A" SCHEME #2 0" /►.. r ; f may' LL O �k r cn � uj _,-- r- o CERAMIC TILE N Cn U0 Z DECORATIVE TILE OU -00 �w a U o O� a — U Z U � LL COMPASS AT RED HILL Kevin L. Crook � a � _f-fomeArchitect #2400s I n C TUSTIN, CA DEC.3,2024 \NINC. - 4FC111TLCT— WRITTEN COLOR SCHEMES DIGITAL COLOR BOARDS COMPASS AT 6 TUSTIN - CALIFORNIA 04/29/2025 A-30 Kevin L. Crook o Architect 0 CV Inc PLANNING + ARCH ITECTU R E CITY OF TUSTIN SITE PLAN T 12 N2 0 L2 C6 N 0 N Q Q LT 3 Z Q J z Ld O Ld Ld 0 Ld 0 O O U U) / 0 Q U / U J rn 0 ZD N Ln / Ld 0 J I / Y E L7 c LT L 0 1co a 0 a 0 0 Q a c a E O a E Y a 0 0 a 0 0 0 N O a c 0 c E 0 O a O E a 6 m iu 0 a 3 3 `o c A) U a c a 0 a o_ U U N N L O T C O U N U N C ai U N O C E 7 to C a a c 01 c c a U O U 0 c a) E U O w ry O 75 U-HAUL MOVING & STORAGE 4' PRIVATE ROAD AN UTILITY EASEMENT GO GREEN EXPRESS CA WASH 11,91 29' EXIST. DRIVE AISLE TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES 0 z� az o w TUSTIN HIGH Q SCHOOL ww EL--] �J D O r` 0Z 0 Y 22' o ®®® a N STREET 'B' 33 AD FF 1, N El F � APN 500-141-08 R, �,o' 34 Rib (NOT A PART) ooE _ ❑❑❑❑ 35 Mir® �9 10 17 18 ® ® 3' I � 3' ❑1 ❑2 ® 25 26 3' 3' 3' 36 �3 AD I 27 lu 37 ADA ® 12 DA 20 ADA ® W - 4b 4, U BUILDING 1 5 BUILDING 2 W BUILDING 3 20, 28 DA 38 I 13 21 BUILDI G 4 �. W I - I (n I BUILDING 5 ❑ co 0 29 39 ®I 14 ADA I z 22 AD - 24' PRIVATE ROAD AND 0 o❑❑❑o❑❑❑❑ PBUILDffid 24' Q z ® UTILITY EASEMENT — — 0 w 30 12' 12' 40 I ❑ 15 12' 12' o vwi ADA w w I I 41 IL 12' 12' ® ® LOT 1 - 1 s > ~ 24 -Li 31 32 W(CONDOMINIUM) J - _ 6 42 LJJ o I 9 U) .0 Ft� Fib 3' 46 N STREET 'A' L ■ ►� �i�T_;�iwiwiwi _ ■ -I Uff m PRO ROP. RAISED MEDIAN PER RHASP 0 Q Ldm LL- c� — LL- Z m Y � Q m INTERSECTION TO BE SI % co O �&J O X N O W 0 I 1 1 _moo ROP. BIKE LANE w m w m PER RHASP (CLASS II � c� — LLL- c� L 0 PER CIRCULATION D z D z SIGHT TRIANGLE ELEMENT) m m Of RED HILL A � a —otm —io— moor — — — ROP. RAISED MEDIAN 0 PER RHASP _ F 4 0 ® O Q �- LL � PROJECT SITLu qti o ti L� 2 BP: 33+15.28 VICINITY MAP NOT TO SCALE I I LEGEND PROJECT BOUNDARY PROPOSED LOT LINES PROPOSED EASEMENT EXISTING CENTERLINE — EXIST. RIGHT OF WAY 0 EXIST. PARCEL LINE EXIST. EASEMENT — — — — — — — — PROP. FACE OF CURB EXIST. FACE OF CURB ADA PATH OF TRAVEL �D PROP. TRANSFORMER � I ❑ I AC COMPRESSOR CONDOMINIUM UNIT NUMBER Z Q PROPOSED TRAFFIC SIGNALS o Z + Q) � t 0 ®R liFii .. • • Zii /Z�O ��X GRAPHIC SCALE IN FEET 0 15 30 60 TUSTIN .ANCH RD � O�- co CITY OF TUSTIN OWNER EXISTING EASEMENTS TENTATIVE TRACT MAP PER COMMITMENT FOR TITLE INSURANCE, OWNER IS AN EASEMENT IN FAVOR OF SANTA ANA VALLEY LISTED AS: SPACE-IAG-I, LLC C/O MERITAGE HOMES IRRIGATION COMPANY FOR A PIPELINE AND RIGHT OF WAY 5 PETERS CANYON ROAD, SUITE 310 AND INCIDENTAL PURPOSES, PER DOCUMENT RECORDED IRVINE CALIFORNIA 92606 OCTOBER 17, 1919 IN BOOK 344 OF DEEDS, PAGE 89. TENTATIVE TRACT MAP 19361 — COMPASS AT REDHILL ATTN: JOHANNA CROOKER (PLOTTED HEREON). PHONE: (949)299-3847 EMAIL: JOHANNA.CROOKER@MLCHOLDINGS.NET ZONING FORCONDOMINIUM PURPOSES DEVELOPER EXISTING: RED HILL AVENUE SPECIFIC PLAN DISTRICT MERITAGE HOMES NO ZONING CHANGE IS BEING PROPOSED 5 PETERS CANYON ROAD, SUITE 310 o w IRVINE CALIFORNIA 92606 LAND USE z ATTN: JOHANNA CROOKER w PHONE: (949)299-3847 EXISTING: VACANT Q Q TUSTIN HIGH EMAIL: JOHANNA.CROOKER@MLCHOLDINGS.NET PROPOSED: MULTI -FAMILY RESIDENTIAL ow IF SCHOOL bj Q J ENGINEER AREA SUMMARY fA�W0141117-1 � APN: 50014107 KIMLEY HORN &ASSOCIATES, INC.TOTAL AREA: 3.38 ACRES 0-0 APN: 50014118 3801 UNIVERSITY AVE, SUITE 300 EXISTING LOTS: 2 T im RIVERSIDE, CA 92501 TOTAL PROPOSED LOTS: 2 0 ATTN: KIRK MYERS, PE, PLS LOT 1 - 3.32 ACRES FOR CONDOMINIUM PURPOSES RICE 71470 LOT A - 0.07 ACRES FOR OPEN SPACE. LOT A TO BE N40'40'11"E 463.75' PHONE: (951) 543-9868 RETAINED BY HOA WITH EASEMENT FOR PUBLIC USE. z EMAIL: KIRK.MYERS@KIMLEY-HORN.COM PROPOSED BUILDINGS: 9 ®®®®® RESIDENTIAL UNITS: 73 Q BUILDING FOOTPRINT AREA: 1.44 AC STREET 'B' 33 ADA I UTILITY PROVIDERS PRIVATE STREET AREA: 0.94 AC WATER: TUSTIN WATER DEPARTMENT *NOTE: THIS PROJECT DOES NOT PROPOSE ANY N PUBLIC RIGHT-OF-WAY DEDICATIONS 34 o SEWER: ORANGE COUNTY SANITATION DISTRICT & ® ® I N EAST ORANGE COUNTY SANITATION DISTRICT APN: 50008201 ® 35 STORMWATER: CITY OF TUSTIN ® ❑9 10 17 18 y ® M APN:50014108 = APN: 50014119 25 26 N (NOT A PAR) I I ELECTRICITY: SOCAL EDISION ® ® 36 j(h E I - ❑ I GAS: SOCAL GAS Y U-HAUL MOVING 11 19 �u & STORAGE �3 ADA I 27 W 37 ADA TELECOM: AT&T / COX COMMUNICATION ° � 12 DA - 20 ADA ® LLI I *NOTE: o+ J APN: 50008202 ON -SITE WATER SHALL BE PRIVATE. o V 4 BUILDING 2 LL BUILDING 3 28 DA 38 I • ALL UNITS TO HAVE SEWER AND WATER SERVICES 3 BUILDING 1 BUILDI G 4 °' INDIVIDUALLY. Z W I 13 21 o Lu 5 I BUILDING 5 N40'40'11"E .149.00' N N E�lo z 29 24 PRIVATE ROAD, BUILDING 6 (UNITS 43-46) WILL HAVE WATER AND 14 ADA I 22 AD ® EMERGENCY VEHICL AND 2 EX. Q w SERVICE DIRECTLY FROM SAN JUAN ST., ALL OTHER c o � PUBLIC UTILITY EASEMENT ®®®® o W ® 24 ao L IRRIGATION I UNITS WILL BE SERVICES IN -TRACT. ° 24' PRIVATE ROAD AND © 12' 12' Q 30 12 12 40 i 1 24' ESMT o 15 w = w 23 12' 12' 43 ADA N APN: 50008225 ON -SITE STORM SHALL BE PRIVATE. U) PUBLIC UTILITY EASEMENT Z I > F- Q I Q — I 41 I LL 00 • ON -SITE SANITARY SEWER SHALL BE PRIVATE. 12' 12' ® ® LOT 1 16 0- z � 24 ® 31 32 W 44 I U) 3.32 AC wto T 9' ������ N w m L] E� 42 Lu BUILDING 6 � Q N BENCHMARK w �I ® I j 45 N D ELEVATIONS FOR THIS SURVEY ARE BASED ON ORANGE COUNTY PUBLIC WORKS BENCHMARK NO. 29' EXIST. I �- — I ®®®®® ® I Lo 3A-133-15, BENCHMARK BEING A 4 ALUMINUM DISK STAMPED 3A-133-15 , LOCATED IN SW LY C DRIVE 46 z N APN: 50008224 CORNER OF A 4'X15' CATCH BASIN IN THE NW'LY QUADRANT OF THE INTERSECTION OF NEWPORT ° AISLE N STREET 'A' EX. LOT LINE T U) AVENUE AND EAST MAIN STREET, 45' W'LY OF THE CENTERLINE OF NEWPORT AVENUE, 150' N'LY ° APN:50014111 MERGE OUT cn 0 I OF THE CENTERLINE OF EAST MAIN STREET, 19' S'LY OF STREET LIGHT #2096106E, IN THE CITY OF N N40'40'21"E 58.26' 40' EX. PVMT I TUSTIN, CALIFORNIA: ELEVATION 123.214 FEET (NAVD88) To:0 0 GO GREEN Io a BASIS OR BEARING ° EXPR SS CAR BU LDIN 7 BUILDI G 8 BU LDI G 9 I Er' 1 Q w BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL ® z I Lc0 M o i n ° WASH + ® w z z �� LOT A o w I STATIONS GPS 6525 AND GPS 6035R1 BEING NORTH 22 30 03 WEST PER RECORDS ON FILE IN THE ® Lu ® ® It 1 0 E] a APN:50008223 OFFICE OF THE ORANGE COUNTY SURVEYOR. z z M 0.07 AC m w T I ® 47 48 49 50 51 52 53 �I I 54 55 56 57 58 59 60 61 62 63 ® ® 64 65 66 67 68 69 70 71 72 73 C2 �,� z ® Z J z �� LEGAL DESCRIPTION `° _ Q N I .�o°° PER COMMITMENT FOR TITLE INSURANCE ORDER NO. NCS-1209745-SA1 DATED FEBRUARY 20, E (° �° I 2024, PREPARED BY FIRST AMERICAN TITLE COMPANY, THE SUBJECT PROPERTY IS DESCRIBED AS 0 S40'40'21 "W 554.47' S40'40'22"W 31.28'— Q Liio °' co —w FOLLOWS: N � w w o , 0 � - m 1 - 1 -- - - THE LAND REFERRED TO HEREIN BELOW IS A FEE AS TO PARCEL B AND PARCEL 1 OF PARCEL A, O — _ — AND AN EASEMENT AS TO PARCELS 2, 3, AND 4 OF PARCEL A, AND IS SITUATED IN THE CITY OF ZLo _ I `�'� _ I TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: o U _ -� o SIGHT TRIANGLE PARCEL A: E I o w — RED HIL PARCEL 1: S40'40'21 "W'660.75' w PARCEL 2 OF PARCEL MAP, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, _ AS PER MAP FILED IN BOOK 52, PAGE 36 OF PARCEL MAP RECORDS OF SAID COUNTY. co Ln �� N C., o PARCEL 2: 0 0 a o Ln A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED 3 L T - -- - , =� TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936PAGE 835 OF OFFICIAL Q Q ®o� ® y o o o ° ® C3 0 0 ® RECORDS AND DESCRIBED AS IN, ON AND OVER THE SOUTHWESTERLY , 15.00 FEET OF THE 3 o o e o 0 0 0 �� o= o o c o 0 0 0 _ o 0 o c= o SOUTHEASTERLY QUARTER OF THE NORTHEASTERLY HALF OF LOT 31 ON BLOCK 12 OF THE ° INTERSECTION TO BE SIGNALIZED ° IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF o > APN:50002204 APN:50002212 PN:50002211 APN:50002207 MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. LEGEND ____ PARCEL3: N PROJECT BOUNDARY ° C II ® ° Q PROPOSED LOT LINES A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED Q TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936, PAGE 837 OF OFFICIAL LL PROPOSED EASEMENT RECORDS AND DESCRIBED AS IN, ON AND OVER THE NORTHEASTERLY 15.00 FOOT OF THE > EXISTING CENTERLINE — SOUTHEASTERLY 200.00 FEET OF THE SOUTHWESTERLY (SEE NOTE BELOW) ONE HALF OF LOT 31 o EXIST. RIGHT OF WAY IN BLOCK 12 OF THE IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE Ld EXIST. PARCEL LINE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. 0 EXIST. EASEMENT — — — — — — — — (NOTE: COMMITMENT FOR TITLE INSURANCE AND VESTING GRANT DEED INCORRECTLY USE j PROP. FACE OF CURB o R Bu IL�ING "SOUTHEASTERLY" WHERE "SOUTHWESTERLY" IN UNDERLINED ABOVE) EXIST. FACE OF CURB RW 60' RCS --� PARCEL4: PROP. TRANSFORMER ❑ FC EX. RW O 5' 6' - 9' 3' 42' 42' 7' �y A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED ID c - PARKING B FFE TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936, PAGE 841 OF OFFICIAL a) c 6' 11' 5.0' 5.0' 10'11' 6' CONDOMINIUM UNIT NUMBER BIKE 10' 10' THRU THRU 10,�—THRU—jBIKE RECORDS AND DESCRIBED AS IN, ON AND OVER THE NORTHEASTERLY 15.00 FEET OF THE THRU LANE THRU LANE THRU LANE GRAPHIC SCALE IN FEETQ 2 20% LANE LANE �_ r--- -- -- --- LANE LANELANE P��� 0 15 30 60 NORTHWESTERLY 150.00 OF THE SOUTHEASTERLY 350.00 FEET SOUTHWESTERLY HALF OF LOT 31 _ _ _ _ _ _ z.o� 20%} IN BLOCK 12 OF THE IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. _ PROP PVMT EXISTING ASPHALT RAISED MEDIAN PER RHASP EXISTING ASPHALT EX SWLK VALLEY GUTTER PARCEL B: ° PARKING BAYS RED HILL AVE. — ARTERIAL- — TYPICAL- SECTION(WITH PARKING VERT CURB N.T.S. EX 6" C&G CLASSIFICATION: MAJOR ARTERIAL c SWLK PARCEL 1, AS PER FILED IN BOOK 52, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY Q RECORDER OF THE COUNTY ORANGE, STATE OF CALIFORNIA. rn o PROP FACE APN: 500-141-10 AND 500-141-09 cD 0 OF BUILDING FACE OF BUILDING EN c RW ROAD PROJECT 60' FACE OF BUILDING ROAD FACE OF BUILDING BOUNDARY 40' EXISTING PAVEMENT EX. RW FLOOD NOTE Q FC C EX. RW 24' PRIVATE ROAD, ROAD > U 0 0 5' 6' 12' 42' 42' 7' EMERGENCY VEHICLE, AND PUBLIC UTILITY EASEMENT 20' FC TO 20' FC TO PER FEMA FLOOD INSURANCE RATE MAP NO. 06059CO277J WITH AN EFFECTIVE DATE OF -i � 6' 11' 5.0' 5.0' 10' 11' s' 10.0' 10.0' 10.0' 10.0' DECEMBER 3, 2009, THE SUBJECT PROPERTY IS WITHIN "ZONE X", (AREAS OF 2.0% ANNUAL 10' 10' �— 10' 3' 12' BC TO 12' BC TO 3' 8'-10' 4' 9' 10' 4' o -- THRU LANE THRU BIKE THRU THRU THRU THRU ��� CHANCE FLOOD; AREAS OF 1 /o ANNUAL CHANCE FLOOS WITH AVERAGE DEPTHS LESS THAN ONE 3 ° BIKE LANE �aNE LANE LANE ����� „� — _ _ _ LANE LANE LANE LANE _ _ _ _ — FOOT OR WITH DRAINAGE AREAS LESS THAN ONE SQUARE MILE- AND AREAS PROTECTED BY _ _ ZTING � T /`-EX 6" C&B _ — �Fs LEVEES FROM 1/o ANNUAL CHANCE FLOOD). FLUSH CURB FLUSH CURB EX SWLKPROP PVMT EXISTING ASPHALT RAISED MEDIAN PER RHASP EASPHALT FS E EX SWLK PROP PVMT 2' EX PVMT EX 6" C&B ° PROP 8 C&G PROP PVMT TO REMAIN E RED HILL AVE. ARTERIAL TYPICAL SECTION (NO PARKING INTERIOR STREETS — TYPICAL SECTION SAN JUAN ST ARTERIAL — TYPICAL SECTION LANDSCAPING D' SWLK N.T.S. EX 6" C&G N.T.S. N.T.S. •� CLASSIFICATION: MAJOR ARTERIAL CLASSIFICATION: MINOR ARTERIAL 0 ~ CITY OF TUSTIN PRELIMINARY GRADING AND UTILITY PLAN U C O _o U 0 Q 0 F 0 T N Y 0 T 0 0 0 _o U O U Q 0 E 0 i T E Y T C O O Q 0 0 0 N 0 0 0 0 E 0 0 0 U C O Q 2 0 0 W Q Q 0 3 3 0 c U c 0 0 a Q U U Q N 0 T C O U N 0 c E c 0 C7 c Q c 0 Q U 0 O U 0 0 C E U O APN: 50014119 EX. POWER POLES AND OVERHEAD LINES TO BE UNDERGROUNDED 0 APN: 50014111 ul r i I EX. POWER POLES AND OVERHEAD LINES TO BE UNDERGROUNDED W FACE OF BUILDING EX. TREE TO -BE -REMOVED (TYP) APN: 50002204 (�pl z� 3' 12'BCTO12'BCTO� (±2.0%)� �(±2.0%) C ' PROP. FLUSH CURB- 3 FACE OF BUILDING 3' TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES oi C) �LL_ N �O 0 INTERSECTION TO BE SIGNALIZED MAP PROP. PVMT 5 To 6 TO \-PROP. FLUSH CURB PROP. 8" WATER LINE O SEWER LINE PROP. PVMT PROP. 8" SANITARY PROP. STORM DRAIN LINE CTER OR STREETS TYP CAL- CECTOr. N.T.S. ROAD PROP. 6" C&B PROP. PVMT APN�500022 =I I — SEWER LINE OPERATED BY OC SANITATION. UILDI' -- FAC- -)F BUILDING P. FLUSH CURB ,N, l . PVMT PROP. 8 WATER LINE 0 PROP. STORM O PROP. 8" SANITARY DRAIN LINE SEWER LINE RTER OR CTRELC TYPCAL SECTON 3' 12'BCTO� ROAD APN: 50014107 12.0' 21' FC TO (� 9.0' 5' PARALLEL PARKING (±2.0%)� (±2.0%) a r PROP. FLUSH CURB 6' TO 5' TO ( Q—PROP. 8" WATER LINE PROP. PVMT 7 PROP. 8" SANITARY L--- SEWER LINE RTER OR STREETS TYP CAL SECT OR N.T.S. N.T.S. LEGEND PROJECT BOUNDARY PROPOSED LOT LINES EXIST. CENTERLINE - EXIST. RIGHT OF WAY BP: 33+15.28 PROPOSED EASEMENT EXIST. EASEMENT - - - - - - - - EXIST. PARCEL LINE PROP. FACE OF CURB EXIST. FACE OF CURB PROP. WATER LINE PROP. SEWER LINE APN:50008201 PROP. STORM LINE PROP. FIRE HYDRANT EXIST. SEWER LINE EXIST. WATER LINE EXIST. GAS LINE o EXIST. STORM LINE M LOT NUMBER LABEL X❑ APN:50008202 PAD NUMBER LABEL lxxxi PROP. MANHOLE G CATCH BASIN o EXIST. CONTOUR PROP. CONTOUR LABEL XXX APN: 50008225 PROP. TRANSFORMER WQMP STORAGE CHAMBERS o 0 APN:50008224 PROPOSED TRAFFIC SIGNALS M / TO FC ABBREVIATIONS EX. 8" SS LINES OPERATED BY EOCWD. 36+66.00 PROJECT BOUNDARY PROP. 6" C&B -PROP. PVMT APN: 50008223 FH FIRE HYDRANT PROP PROPOSED MWS MODULAR WETLAND STRUCTURE TYP TYPICAL CENTERLINE HP HIGH POINT LP LOW POINT FS FINISHED SURFACE PE PAD ELEVATION RET RETAINING WALL EX. EXISTING GB GRADE BREAK ASSESSOR'S PARCEL NO APNS: 50014110, 50014109 ESTIMATED EARTHWORK QUANTITIES CUT: 2,400 CY FILL: 3,100 CY NET: 700 CY (FILL) NOTE: THE EARTHWORK QUANTITIES ABOVE ARE FOR PERMIT PURPOSES ONLY. THE CONTRACTOR IS NOT AUTHORIZED TO USE THE ESTIMATES HEREIN FOR BIDDING AND CONSTRUCTION PURPOSES WITHOUT THE EXPLICIT WRITTEN PERMISSION OF THE ENGINEER OF RECORD. NO REPRESENTATIONS OF SUCH QUANTITIES OR A BALANCED SITE CONDITION ARE MADE BY THE ENGINEER OF RECORD. UNLESS EXPLICITLY STATED OTHERWISE HEREIN, THE ABOVE QUANTITIES ARE APPROXIMATE, IN PLACE VOLUMES CALCULATED FROM THE EXISTING GROUND TO THE PROPOSED FINISHED GRADE. EXISTING GROUND IS DEFINED BY THE CONTOURS AND SPOT GRADES ON THE BASE SURVEY. PROPOSED FINISHED GRADE IS DEFINED AS THE FINAL GRADE AS INDICATED ON THE GRADING PLAN(S) AS FINISHED GROUND, FINISHED SURFACE, AND FINISHED FLOOR ELEVATIONS. UNLESS EXPLICITLY STATED OTHERWISE HEREIN, THE ABOVE GRADING QUANTITIES HAVE NOT BEEN FACTORED TO ACCOUNT FOR CHANGES IN VOLUME DUE TO BULKING, CLEARING AND GRUBBING, SHRINKAGE, SUBSIDENCE, OVER -EXCAVATION AND RE -COMPACTION, AND CONSTRUCTION METHODS. NOR DO THEY ACCOUNT FOR THE THICKNESS OF PAVEMENT SECTIONS, STORMWATER QUALITY MEDIA SECTIONS, UTILITY PIPES, TRENCHING AND BEDDING MATERIALS, BUILDING OR WALL FOOTINGS, BUILDING SLAB THICKNESSES AND UNDERLYING BASE OR SAND LAYERS, REUSE OF PULVERIZED MATERIALS THAT WILL UNDERLIE NEW PAVEMENTS, ETC. ANY OVEREXCAVATION AND RECOMPACTION DEPTHS AND VOLUMES, SHRINKAGE FACTORS, PAVEMENT SECTIONS, BUILDING PAD SECTIONS, AND BULKING FACTORS ARE BASED ON A SEPARATE GEOTECHNICAL REPORT. ANY BUILDING SLAB THICKNESSES ARE BASED ON THE SEPARATE BUILDING STRUCTURAL ENGINEERING PLANS. ANY UTILITY, STORMWATER MITIGATION, AND FOOTING SPOILS ARE BASED ON ESTIMATES PROVIDED BY THE OWNER OR CONTRACTOR. UTILITY PROVIDERS WATER: TUSTIN WATER DEPARTMENT SEWER: ORANGE COUNTY SANITATION DISTRICT & EAST ORANGE COUNTY SANITATION DISTRICT STORMWATER: CITY OF TUSTIN ELECTRICITY: SOCAL EDISION GAS: SOCAL GAS TELECOM: AT&T / COX COMMUNICATION *NOTE: • ON -SITE WATER SHALL BE PRIVATE. • ALL UNITS TO HAVE SEWER AND WATER SERVICES INDIVIDUALLY. • BUILDING 6 (UNITS 43-46) WILL HAVE WATER AND SERVICE DIRECTLY FROM SAN JUAN ST., ALL OTHER UNITS WILL BE SERVICES IN -TRACT. �0 • ON -SITE STORM SHALL BE PRIVATE. �y • ON -SITE SANITARY SEWER SHALL BE PRIVATE. GRAPHIC SCALE IN FEET 0 15 30 60 CITY OF TUSTIN PRELIMINARY PARKING AND CIRCULATION PLAN TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES LEGEND PROJECT BOUNDARY PROPOSED LOT LINES PROPOSED EASEMENT EXISTING CENTERLINE TUSTIN HIGH EXIST. RIGHT OF WAY SCHOOL EXIST. PARCEL LINE - - EXIST. EASEMENT - - - - - - - - PROP. FACE OF CURB f9 EXIST. FACE OF CURB FIRE HYDRA NilE z o Y ARKIN a, , FIRE HYDRANT, NO PARKIN PROP. FIRE HYDRANT 15' EI ER (TYP) Q 22 15' EITHER SIDE (TYP) o ����r7 }\\ I CONDOMINIUM UNIT NUMBER AC COMPRESSOR X U-HAUL MOVING & STORAGE GO GREEN EXPRESS CAF WASH Icc E 0 INTERSECTION TO BE SIGNALIZED 20 ti GRAPHIC SCALE IN FEET 0 15 30 60 PROPOSED ON -SITE STREET PARKING COUNT Qx PROPOSED OFFSITE STREET PARKING COUNT x PROPOSED TRAFFIC SIGNALS —' PARKING SUMMARY GARAGE PARKING (2 PER UNIT) 146 TOTAL STANDARD STREET PARKING ON —SITE 16 ADA ON —SITE STREET PARKING 2 TOTAL ON —SITE PARKING 164 OFFSITE STREET PARKING (REDHILL) 13 TOTAL PROJECT PARKING 177 FIRE TRUCK TURNING CLEARANCE DETAIL N.T.S. 3 NOTES N 10 - �- TUSTIN HIGH SCHOOL O5 15 O7 24 18 • 3 BUILDIN 7 Z � IMMIA m � � .� •ice PARKING AREA • AC UNITS, WALLS, AND ALL GROUND MOUNTED EQUIPMENT TO HAVE PLANT SCREENING • SIGNALIZED INTERSECTION AND CROSSWALK AT PROJECT ENTRY TO OTHER SIDE OF RED HILLAVENUE. • LANDSCAPING WILL ENHANCE THE QUALITY OF THE DEVELOPMENT BY FRAMING AND SOFTENING THE APPEARANCE OF THE BUILDINGS, ENHANCING THE OVERALL IMAGE, SCREEN UNDESIRABLE VIEWS, AND PROVIDE SHADE. • THE PROJECT SHALL COMPLY WITH THE TUSTIN WATER EFFICIENCY ORDINANCE. ,0000�,%q"- Mer`itage Homes CONCEPTUAL LANDSCAPE PLAN N BUILDING 8 RED HILL AVENUE III 1 I e Zd II 1 l f LEGEND 14 O Street Trees 17 Canopy Evergreen Site Tree _ O Project Entry Monumentation 18 Accent Tree 3 3O Focal Accent Tree 19 Fixed Seating + ®®® • 20 • • O Project Entry Decorative Paving Natural Turf O OProperty Line 21 Shade Structure / Picnic OStepping Stones 22 Secondary Gateway Monumentation rim O Proposed Wall 23 Accessible Parking OExisting Wall 24 Parking 8 O Access Drive 25 Bike Racks 10 Children's Play Area 26 Pet Waste Dispenser 11 11 Utility Closet 27 BBQ Counter 12 Transformer 28 Mailbox Cluster Unit 5 13 Pedestrian Walk 29 Accent Wall 14 Vertical Evergreen Screen Tree 30 Site Distance Triangle • r 31 Heritage Marker 15 Vertical Screen Hedge 32 Accent Plaza Tree AC Unit O 16 33 Project Entry Pilasters I 14 EXISTING RESIDENTIAL O BUILDING 5 80 (D 11 14 •• ❑❑❑❑❑ 6 � 27 12 D,4, U-1 LU 20 10 13 i � Q BUILDING 6 z 18 26 I Q � " 23 � • ®®®®® 23 ® ® z 17 17 ■ 1, 1 n i r BUILDING 9 PARKING AREA U) 257i 26 0 ®� 31 [�7 ®� ■. 20 m e 22 13 32 L _*J PARKING AREA L • --- SCALE- 1" = 20' 0 10 20 40 SHEET: L-1.00 Kimley>Morn COMPASS AT RED HILL - TUSTIN, CA 04/14/2025 PLANT SCHEDULE SYMBOL BOTANICAL / COMMON NAME CONT. CAL. WUCOLS SIZE AT MATURITY SUN/SHADE ACCENT TREE (MULTI -TRUNK) ARBUTUS UNEDO / 24" BOX 1" CAL. PER TRUNK L 10'-15' HT. X 10'-15' SPR. FULL SUN/PART SHADE STRAWBERRY TREE PARKINSONIA X'DESERT MUSEUM' / 24" BOX 1" CAL. PER TRUNK L 25-30' HT. X 25-30' SPR. FULL SUN • DESERT MUSEUM PALO VERDE VITEX AGNUS-CASTUS / 24" BOX 1" CAL. PER TRUNK L 10'-25' HT. X 15'-20' SPR. FULL SUN CHASTE TREE PARKING LOT TREE KOELREUTERIA PANICULATA / 24" BOX 2" CAL. L 30'-40' HT. X 30'-40' SPR. FULL SUN GOLDEN RAIN TREE LAURUS X'SARATOGA' / 24" BOX 2" CAL. L 15'-35' HT. X 15'-30' SPR. FULL SUN/PART SHADE SARATOGA HYBRID LAUREL PISTACIA CHINENSIS / 24" BOX 2" CAL. L 25'-35' HT. X 25'-35' SPR. FULL SUN CHINESE PISTACHE PODOCARPUS GRACILIOR / 24" BOX 2" CAL. M 30'-50' HT. X 20'-35' SPR. FULL SUN/PART SHADE FERN PINE TIPUANA TIPU / 24" BOX 2" CAL. L 20'-30' HT. X 20'-30' SPR. FULL SUN TIPU TREE ULMUS PARVIFOLIA / 24" BOX 2" CAL. M 40'-50' HT. X 40'-50' SPR. FULL SUN LACEBARK ELM PASEO ACCENT TREE (STANDARD) ARBUTUS X'MARINA' / 24" BOX 2" CAL. L 25'-50' HT. X 20'-25' SPR. FULL SUN MARINA STRAWBERRY TREE CASSIA LEPTOPHYLLA / 24" BOX 2" CAL. M 20'-25' HT. X 15'-30' SPR. FULL SUN GOLD MEDALLION TREE CERCIS OCCIDENTALIS / 24" BOX 2" CAL. L 15'-20' HT. X 15'-20' SPR. FULL SUN WESTERN REDBUD HANDROANTHUS HEPTAPHYLLUS / 24" BOX 2" CAL. M 20'-40' X 15'-25' SPR. FULL SUN • PINK TRUMPET TREE LAGERSTROEMIA INDICA / 24" BOX 2" CAL. L 10'-30' HT. X 15'-25' SPR. FULL SUN CRAPE MYRTLE PROSOPIS CHILENSIS / CHILEAN MESQUITE 24" BOX 2" CAL. L 25'-30' HT. X 25'-30' SPR. FULL SUN ULMUS PARVIFOLIA / 24" BOX 2" CAL. M 40'-50' HT. X 40'-50' SPR. FULL SUN LACEBARK ELM RED HILL AVE (STANDARD) GEIJERA PARVIFLORA / 24" BOX 2" CAL. L 30'-35' HT. X 20' SPR. FULL SUN AUSTRALIAN WILLOW LAGERSTROEMIA INDICA / • 24" BOX 2" CAL PER TRUNK L 10'-30' HT. X 15'-25' SPR. FULL SUN CRAPE MYRTLE ZELKOVA SERRATA / 24" BOX 2" CAL. M 50'-80' HT. X 50'-75' SPR. FULL SUN JAPANESE ZELKOVA SAN JUAN AVE (STANDARD) GEIJERA PARVIFLORA / 24" BOX 2" CAL. L 30'-35' HT. X 20' SPR. FULL SUN AUSTRALIAN WILLOW LAGERSTROEMIA INDICA / • 24" BOX 2" CAL. L 10'-30' HT. X 15'-25' SPR. FULL SUN CRAPE MYRTLE CIA CHINENSIS'KEITH DAVEY'/ L 24" BOX 2" CAL. M 25'-35'HT. X 25'-35'SPR. FULL SUN DAVEY CHINESE PISTACHE CORNER PLAZA (STANDARD) • MALUS 'SPRING SNOW' / 24" BOX 1" CAL. PER TRUNK M 20'-25' HT. X 15'-20' SPR. FULL SUN •• SPRING SNOW CRABAPPLE NOTES SYMBOL I BOTANICAL / COMMON NAME I CONT. I SPACING I WUCOLS I SIZE AT MATURITY SHRUBS COLEONEMA PULCHELLUM 'SUNSET GOLD' / 5 GAL. 60" O.C. M 2'-4' HT. X 4'-6' SPR. SUNSET GOLD BREATH OF HEAVEN DIANELLA SPP. / FLAX LILY 5 GAL. 24" O.C. L/M 1'-3' HT. X 1'-3' SPR. GRASSES SUN/SHADE FULL SUN/PART SHADE FULL SUN/PART SHADE DIETES SPP. / 5 GAL. 30" O.C. L 3'-4' HT. X 2'-3' SPR. FULL SUN/PART SHADE FORTNIGHT LILY LEUCOPHYLLUM FRUTESCENS / 5 GAL. 54" O.C. L 5'-8' HT. X 3'-6' SPR. FULL SUN TEXAS SAGE LIGUSTRUM JAPONICUM 'TEXANUM' / 5 GAL. 60" O.C. M 8'-10' HT. X 4'-6' SPR. FULL SUN/PART SHADE TEXAS JAPANESE PRIVET MYRTUS COMMUNIS / 5 GAL. 48" O.C. L COMMON MYRTLE OLEA EUROPAEA'LITTLE OLLIE' / 5 GAL. 84" O.C. L LITTLE OLLIE OLIVE PITTOSPORUM TOBIRA / 5 GAL. 144" O.C. M JAPANESE PITTOSPORUM SALVIA SPP. / 5 GAL. 36" O.C. L SAGE SPHAERALCEA AMBIGUA / 5 GAL. 30" O.C. L DESERT GLOBEMALLOW TEUCRIUM CHAMAEDRYS / 5 GAL. 18" O.C. L GERMANDER BOUTELOUA GRACILIS 'BLONDE AMBITION' / BLONDE AMBITION BLUE GRAMA 5 GAL CAREX TUMULICOLA / FOOTHILL SEDGE 5 GAL LIRIOPE SPP. / LILYTURF 5 GAL MUHLENBERGIA CAPILLARIS / PINK MUHLY GRASS 5 GAL MUHLENBERGIA DUBIA / PINE MUHLY 5 GAL MUHLENBERGIA LINDHEIMERI / LINDHEIMER'S MUHLY 5 GAL GROUNDCOVER CARISSA MACROCARPA 'GREEN CARPET' / GREEN CARPET NATAL PLUM 5 GAL CEANOTHUS THYRSIFLORUS VAR. HORIZONTALIS / 5 GAL CARMEL CREEPER CEPHALOPHYLLUM SPONGIOSUM / RED SPIKE ICE PLANT 5 GAL GAZANIA KREBSIANA / GAZANIA 5 GAL LIRIOPE SPP. / LILYTURF 5 GAL ROSMARINUS OFFICINALIS 'PROSTRATUS' / DWARF ROSEMARY 5 GAL SANTOLINA CHAMAECYPARISSUS 'NANA' / LAVENDER COTTON 5 GAL TEUCRIUM COSSONII / CREEPING GERMANDER 5 GAL WESTRINGIA FRUTICOSA WORNING LIGHT' / MORNING LIGHT COAST ROSEMARY 5 GAL TURF 4'-6' HT. X 3'-5' SPR 6'-8' HT. X 6'-8' SPR. 15' HT. X 12' SPR. 2'-4' HT. X 2'-4' SPR. 3' HT. X 2'-3' SPR. 0.5'-1.5' HT. X 1'-2' SPR 18" O.C. L 1'-2' HT. X 1'-2' SPR. 18" O.C. L V HT. X 1'-2' SPR. 12" O.C. M V-1.5' HT. X V-1.5' SPR. 36" O.C. L 1'-5' HT. X 2'-4' SPR. 54" O.C. L 2'-3' HT. X 4'-5' SPR. 42" O.C. L 3'-4' HT. X 3'-4' SPR. 18" O.C. I L 10.5' HT. X 4' SPR 48" O.C. I L 11'-2' HT. X 10'-15' SPR 12" O.C. L 0.5' HT. X 3' SPR. 16" O.C. L 0.5'-1' HT. X 0.5'-1' SPR. 6" O.C. M V-1.5' HT. X V-1.5' SPR. 60" O.C. L V HT. X 4'-8' SPR. 24" O.C. L V HT. X 2'-3' SPR. 20" O.C. L 0.5' HT. X 2'-3' SPR. 36" O.C. L 3'-4' HT. X 3'4 SPR. FULL SUN/PART SHADE FULL SUN FULL SUN/PART SHADE FULL SUN FULL SUN FULL SUN FULL SUN FULL SUN FULL SUN/PART SHADE FULL SUN/PART SHADE FULL SUN FULL SUN FULL SUN FULL SUN FULL SUN FULL SUN FULL SUN/PART SHADE FULL SUN FULL SUN FULL SUN FULL SUN CLYTOSTOMA CALLISTEGIOIDES / 5 GAL. 48" O.C. M 15'-20' HT. X 15'-20' SPR. FULL SUN/PART SHADE VIOLET TRUMPET VINE FICUS PUMILA / 5 GAL. 12" O.C. M 8'-15' HT. X 3'-6' SPR. ALL CREEPING FIG THUNBERGIA ALATA / 5 GAL. 16" O.C. M 3'-8' HT. X 3'-6' SPR. FULL SUN/PART SHADE BLACK EYED SUSAN VINE TRACHELOSPERMUM JASMINOIDES / 5 GAL. 24" O.C. M 8'-20' HT. X 3'-20' SPR. FULL SUN/PART SHADE CHINESE STAR JASMINE CYNODON DACTYLON / BERMUDA GRASS • NO TREES AND SHRUBS OVER 12" MAX. HEIGHT INSIGHT DISTANCE ZONES. • PLANTS SHALL BE GROUPED ACCORDING TO WATER USE FACTOR PER WUCOLS ZONES • OVERALL PLANTING SCHEME ALONG FRONTAGE SHALL BE COMPLEMENTARY TO THE SURROUNDING STREETSCAPES. • HYDROZONES WILL BE PROPERLY DESIGNATED. APPLICANT MUST INDICATE PROPOSED METHOD(S) OF IRRIGATION. • SUBSURFACE OR LOW -VOLUME IRRIGATION MUST BE USED FOR IRREGULARLY SHAPED AREAS, OR AREAS LESS THAN 8 FEET IN WIDTH. • ALL HOA- AND PUBLICLY -MAINTAINED LANDSCAPE AREAS WILL BE IRRIGATED BY A POTABLE WATER SYSTEM. ALL TREES SHALL BE IRRIGATED WITH BUBBLERS AND SHRUB AREAS SHALL BE IRRIGATED WITH DRIPLINE. • PRIOR TO PROJECT CONSTRUCTION, I AGREE TO SUBMIT A COMPLETE LANDSCAPE CONSTRUCTION DOCUMENT PACKAGE THAT COMPLIES WITH THE REQUIREMENTS OF APPLICABLE ORDINANCES, AND IN SUBSTANTIAL CONFORMANCE WITH THE APPROVED LANDSCAPE CONCEPT PLAN. SHOULD THE ORDINANCES BE REVISED, PLANS MAY BE SUBJECT TO CHANGE. • THE PROJECT SHALL COMPLY WITH THE TUSTIN WATER EFFICIENCY ORDINANCE. • PERIMETER PARKWAYS TO HAVE LOW GROUNDCOVER OR TURF ONLY. Mentage Homes: CONCEPTUAL PLANT PALETTE H I -- FULL SUN LANDSCAPE NOTES The selection of plant material is based on climatic, aesthetic, and maintenance considerations. All planting areas shall be prepared with appropriate soil amendments, fertilizers and appropriate supplements based upon a soils report from an agricultural suitability soil sample taken from the site. All shrubs beds shall be mulched to a 3" depth to help conserve water, lower soil temperature, and reduce weed growth. The shrubs shall be allowed to grow in their natural forms. All landscape improvements shall follow the guidelines set forth by the City of Tustin Municipal Code. IRRIGATION NOTES An automatic irrigation system shall be installed to provide 100% coverage for all planting areas shown on the plan. The water supply for this site is a potable water connection and a dedicated irrigation meter will be provided. Low volume equipment shall provide sufficient water for plant growth with no water loss due to water controllers, and other necessary irrigation equipment. All point source system shall be adequately filtered and regulated per manufacturer's recommended design parameters. All irrigation improvements shall follow the guidelines set forth by the City of Tustin Municipal Code. SHEET: L-1.10 Kimley>>)Horn COMPASS AT RED HILL - TUSTIN, CA 04/14/2025 0 4 BUILDING 1 [151 IN, a ❑7�> F8_1 ❑❑❑❑ BUILDIN 7 X � F47 48 49 50 51 �15�2j53 HOA MAINTAINED ►o 11-11U U 11-91 li2]] --1 -1 20 BUILDING 2 BUILDING 3 [1-3] 21 14 22 15 23 16 24 o ■ 1 • /o F7 P8] BUILDI G 4 29 /�1 1�1 ►a1 /�1 /�1 33 1341 35 36 n M BUILDING 5 F 39 0 EXISTING RESIDENTIAL JbInow *Pau%* ZL 4 l 31 32 J 42 � BUILDING 9 TOTAL LANDSCAPE CALCULATIONS: • TOTAL LANDSCAPE REQUIRED: 10% • TOTAL LANDSCAPE PROVIDED: 23.9% 35,881.84 SF OF TOTAL LANDSCAPE AREA / 149,914 SF OF TOTAL SITE AREA = 23.9% OF TOTAL GROSS LOT SIZE WILL BE PERMANENTLY LANDSCAPED NOTE: TOTAL LANDSCAPE INCLUDES A VARIETY OF LIVE LANDSCAPE, HARDSCAPE MATERIALS, AND OTHER DESIGN ELEMENTS. TOTAL LANDSCAPE DOES NOT INCLUDE INTERIOR PEDESTRIAN WALKS OR VEHICULAR ACCESS WAYS. INTERIOR PARKING LOT LANDSCAPE CALCULATIONS: • TOTAL PARKING LOT LANDSCAPE REQUIRED: 5% • TOTAL PARKING LOT LANDSCAPE PROVIDED: 67% 2,246 SF OF PARKING LOT LANDSCAPE / 3,340 SF OF PARKING LOTAREA = 67% OF TOTAL PARKING LOT AREA WILL BE PERMANENTLY LANDSCAPED ®®®®-7 M 43 <" I S�a 55 56 5] 58 59 60 61 62 63 � � L�41 RED HILL AVENUE WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package. Reference Evapotranspiration (TUSTIN) (ETo): 49.6 Hydrozone # /Planting Plant Factor (PF) Irrigation Method Irrigation Efficiency (ETAF) ETAF Landscape Area (sq. ft.) ETAF x Area Estimated Total Water Use aHydrozone #/Planting Description bIrrigation Method `Irrigation Efficiency dETWU (Annual Gallons Required) _ Descriptiona (IE)` (ETWU)e E.g overhead spray 0.75 for spray head 1.) front lawn or drip 0.81 for drip Etc x 0.62 x ETAF x Area where 0.62 is a conversion Regular Landscape Areas 2.) low water use plantings factor that converts acre- #1 Shrubs 0.2 Drip 0.81 0.25 22,659 5,592.81 172,051.75 3.) medium water use planting inches per acre per year to gallons per square foot per #2 Shrubs 0.4 1 Drip 0.81 0.49 6,300 3,111.11 95,672.89 eMA WA (Annual Gallons Allowed) = (Eto) (0.62) ((ETAF x LA) + year. #3 Trees 0.4 1 Bubbler 1 0.75 i 0.53i 4,512 2,406.40 74,001.61 ((1-ETAF) x SLA)] #4 Turf 0.8 Spray 0.75 1AOJIL 3,828 4,083.20 125.566.5 where 0.62 is a conversion factor that converts acre -inches per acre per year to gallons per square foot per year, LA is the total Totals 37,299 15,195.53 467,292.81 landscape area in square feet, SLA is the total special landscape area in sauare feet. and ETAF is .55 for residential areas and Special Landscape Areas (NOT APPLICABLE) ETAF Calculations Regular Landscape Areas Merill''Itage Homes: r Totals ETWU Total 467,292.81 Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for non-residential areas. Maximum Allowed Water Allowance (MAWA)e 630,860.37 MAINTENANCE PLAN Total ETAF x Area 15,195.53 Total Area 37,299.00 Average ETAF 0.41 SCALE: 1" = 20' 0 10 20 40 SHEET: L-2.00 Kimley>Morn COMPASS AT RED HILL - TUSTIN, CA 04/14/2025 4 0 ED BUILDING 1[E 7 F17 BUILDIN 7 9 � 47 L F 48 L491 50 m 52 53 LEGEND - ONSITE AREAS Amenity Area: 11,876 SF (Parks) Common Area: 19,140 SF Perimeter Area: 8,160 SF LEGEND - OFFSITE AREAS Public Parkway: 8,325 SF Public Plaza: 3,234 SF (Publicly accessible common open space) 04* 4� MenIr. tage Homes 8] [171 F1 rL10 I 11 19 EE 12 20 BUILDING 2 BUILDING 3 [13] 21 14 J22: F17 23 16 24 o A nommm W i► 4 1301 ❑ ❑ ❑ F6 1341 35 36 n M BUILDING 5 F 39 L 7MI IN BUILDING 9 Opp 55 56 5] 58 59 60 61 62 TOTAL OPEN SPACE AREA Onsite Open Space Area: 39,176 SF Offsite Open Space Area: 11,559 SF COMMON OPEN SPACE PLAN I RED HILLAVENUE USABLE COMMON OPEN SPACE CALCULATIONS: " • USABLE COMMON OPEN SPACE PER DWELLING UNIT REQUIRED: 200 SF • USABLE COMMON OPEN SPACE PER DWELLING UNIT PROVIDED: 425 SF 31,016 SF USABLE COMMON OPEN SPACE / 73 DWELLING UNITS = 425 SF NOTE: A REASONABLE PROPORTION OF THE REQUIRED OPEN SPACE SHALL INCLUDE COURTYARDS, POOL/SPAAREAS, ROOFTOP DECK, PASEOS, AND OTHER SIMILAR AREAS. USABLE COMMON OPEN SPACE INCLUDES AMENITY AREAS AND COMMON AREAS. ►�� /1 ►;1 ro 0 SCALE- 1" = 20' 0 10 20 40 SHEET: L-3.00 Kimley>Morn COMPASS AT RED HILL - TUSTIN, CA O 04/14/2025 ,NrN o LEGEND BUILDING 7 I n i I Proposed Block Wall (6' HT) Existing Wall (to be protected in place and painted with graffiti resistant paint) Project Entry Pilasters (5'-6' HT) Secondary Gateway Monumentation Wall (3' - 6' HT) Tubular Steel Fence (6' HT) ,81- - im a u TUSTIN HIGH SCHOOL an U IN OWL - [ ■ ■ BUILDING 5 r7ME�, 1010101016 BUILDING 9 EXISTING RESIDENTIAL �1 =Poo� 0 LU Z LU Q Z ■ Q BUILDING 6 � Z Q C) i IM 2' J S� LID _ J F 0 RED HILL AVENUE Gate (6' HT) Raised Planter (2' HT) Interior Accent Wall (3' HT) Proposed Perimeter Block Pilaster (6'-6" HT) Mailbox Units (6) Project Entry Monumentation (5'-6' HT) Mentage CONCEPTUAL WALL/FENCE/MAILBOX PLAN Hom(2s COMPASS AT RED HILL - TUSTIN, CA SCALE: 1" = 20' 0 10 20 40 SHEET: L- 4.00 Kimley>Morn 04/14/2025 NOTE: THE FOLLOWING DETAILS ARE CONCEPTUAL AND SUBJECT TO REFINEMENT IN SUBSEQUENT CONSTRUCTION DRAWING SUBMITTALS. 1. 8 x 8 x 16 PRECISION CMU BLOCK - GROUT FILL ALL VOIDS SOLID 2. 12" x 16" x 4" PRECAST CONCRETE WALL 1. PEDESTRIAN GATE PER CAP HARDSCAPE LEGEND AND PLAN 2. 12" WIDE CONCRETE CURB PER 3. PLASTER FINISH PLAN 4. REBAR REINFORCEMENT - REFER TO 3. CONCRETE FOOTING PER STRUCTURAL PLANS STRUCTURAL 5. CONCRETE FOOTING REFER TO 4. COMPACT SUBGRADE PER 2 GEOTECHNICAL REPORT 1'-01, STRUCTURAL PLANS 3 6. FINISH SURFACE NOTES: 2 7. ADJACENT PLANTING - REFER TO A. CONTRACTOR TO INSTALL PER PLANTING PLANS MANUFACTURER'S 8. SUB -GRADE RECOMMENDATIONS. 1 B. SEE MANUFACTURER ° 9. ADJACENT PAVING - REFER TO SPECIFICATIONS FOR REQUIRED 3 • CONSTRUCTION LAYOUT PLANS POST SIZE. p 7 0 4 0 go 00 6 NOTES: o 0, A. REFEROCONSTRUCTION C.° AND NOTES FOR ALL MODEL UMBERS, p COLOR, AND FINISH. ° B. REFER TO STRUCTURAL PLANS FOR I-111-111-111-1 I I REINFORCING AND CONCRETE ° I I 1-III-III-III-I FOOTING INFORMATION. - -I I I -III -III C. CONTRACTOR TO PROVIDE SHOP Elevation _ _ o ° DRAWINGS TO LANDSCAPE ARCHITECT a p ° FOR APPROVAL PRIOR TO �111-_ III III I I I I CONSTRUCTION. 2" CLEAR PER PLAN 2" CLEAR � Of I I ° ° ° I I I I I' °• • 4" MAX. TYP. a p °AI 9 `o Section 5 PER STRUCTURAL o Typical Seat Wall - 24" Height A Scale: 3/4" = V-0" 1 CV 2 1. CMU BLOCK WALL WITH SPLIT -FACE FINISH 2. CMU BLOCK WALL WITH PRECISION FINISH =1I1=1I I I1=1I1=1I1=1I1=1I1=1I1=1I1=1I1=1I1=1I T-III III -III -III -I I1=1I1=1I1=1I1=1I1=1I1=1 I I1=1I ° I I1 3. CMU BLOCK WALL CAP z III=1 11=1 1=1 11=1 I -I 11=1 11=1 11=1 IIIIIIII I 1=1 -I I III -I 4. DECORATIVE PILASTER CONCRETE CAP � III -III -III -III -III -III -III -III _III 'III -I 11=1 1=1 I I -III -III -III -III -III -III -I all 1=11I' -III j 5. FINISH GRAD E II I -I I-III-III-III-I11=III=III=1I1=1, I11=III=1I1=1I I -III -III -III ;III III -III -III -I 1=1 I 1=1 I- ;III I ;,I I I, a 0 1' 6" 4 6. BUILDING WALL -III- 3 3 CID 1 3 PER MNFR. �j 1, 2 ELEVATION - GATE SET IN 12" WIDE CONCRETE CURB o co m 0 Tubular Steel Gate D SCALE : 1/2" = 1'- 0" 5 1 6 1. 1 3/4" TOP AND BOTTOM METAL RAIL 5 2. 3" SQ. METAL POST (TYP) 3. 1" SO. METAL PICKET (TYP) 4. BRACKET 5. FINISH GRADE ELEVATION SECTION 8' O.C. (TYP) 2 CMU Block Wall and Pilaster B 1 Scale: 1/2" = V-0" 3 1. 8 x 8 x 16 PRECISION CMU BLOCK GROUT 2 ICI` FILL ALL VOIDS SOLID 2. 6 x 2 x 16 PRECISION CMU WALL CAP 1 GROUT FILL ALL VOIDS SOLID ° 3. STONE VENEER X 3 3/4" TYP 4 3 4. REBAR REINFORCEMENT - PER p STRUCTURAL PLANS 5. CONCRETE FOOTING PER STRUCTURAL • PLANS p 6. 7. FINISH SURFACE ADJACENT PLANTING PER PLANTING ° - PLANS 0 0 p , 8. SUB -GRADE Tubular Steel Fence ° E Scale: 1/2" = 1'-0" NOTES: 0 0 0 0 0 0 0 0 gp ooD o so oa So oop o go ooD o 0 0 gp o p o o oop o o00 0 gp` A. REFER TO STRUCTURAL PLANS FOR REINFORCING AND CONCRETE FOOTING o o o o o o OOp oy O Opp D Opp �p O OOp �p o �p o O Odp ° o • �;' o o �p O Opp INFORMATION. o , o 0 0 0 o 0 0 o p' o o B. CONTRACTOR TO PROVIDE SHOP o 4 �V'zzz�t 0 DRAWINGS TO LANDSCAPE ARCHITECT - f 0 FOR APPROVAL PRIOR TO CONSTRUCTION. 7 6 III 7 I I- I=1 ° III=1 I I=1 I I -III 1 3 111II6 II -lop p IIIIIIII 11 1 8-I -I ° ° I-1 I I I I-1 M p ° p Elevation Section PER STRUCTURAL Accent,Wall, �36'"�'H ight C Scale: 3/4 - 1 -0 SHEET: L- 4.10 Mentage Homes DETAILS COMPASS AT RED HILL - TUSTIN, CA Kimley>>>Horn 04/14/2025 o•a 1P ° o•o 3P o e • e ° o e � o•o 2P ° e o ® o•o 4P ° 1590-T2 ® 1 ® ® 6 ® 7 ® 8 5P 09 ® 9 e o ° e o•o °e ® 13 ® 14 ® 15 ® 16 6P °® ee 00 Configuration Details: 1570-16 1. Product Type: Cluster Box Units 2. Installation: Mounted on a pedestal 3. Finish: tbd 4. Locks: Standard Cam Lock, 3 keys 5. Door Id: Decals Overall with Recommended Clearance: 18'-10" ® 17 e 21 u•u 00 ® 21 e 22 a 29 ® 23 ® 30 ® 24 31 7P °® 0 32 8P °® 06 °° 1570-16 6. Master Door: Prepared for U SPS Master Lock Note: Number placement on drawing does not represent the final position of the engraving/decals. NOTE: THE FOLLOWING DETAILS ARE CONCEPTUAL AND SUBJECT TO REFINEMENT IN SUBSEQUENT CONSTRUCTION DRAWING SUBMITTALS. ® 34 ® ® 37 ® 38 39 ® 40 9P ® 019 ee ® 41 `t eo o•a e ® 45 ® 46 ® 47 ® 48 10P °® e e eo 1570-16 Models Used: (1) 1590-T2 (5) 1570-16 (1) 1570-8T6 e by 53 eo 0•o e 54 61 e 55 ® 62 56 a 63 11 P °® 00 • o ° 64 12P p® °° O O 1570-16 DO NOT SCALE OFF DRAWING ® a —77 77 ® 69 eo ;.o : 70 ® 77 e 71 ® 78 ® 72 79 13P 00 e g ® 80 14Pe °® 00 go 1570-16 Door Sizes Used: (4) 19-5/8" Parcel (80) 3" H Tenant (5) 13-3/8" H Parcel (5) 9-7/8" H Parcel 62rr ELEVATION: site 1 1 MAILBOXES: 80 I PARCELS: 14 DEALER: Developers Spec ialties.com PROJECT NAME: CI ELO / San Marcos-Meritage Homes FLORENCE CORPORATION 5935 Corporate Drive • Manhattan, K5 66503 www.florencemailboxes.com • 800.275.1747 A GIBRALTAR INDUSTRIES COMPANY %It!h!, 33-3/8rr 47-3/8„ 2 rr DRAWN BY: Randy Ressel DATE: 03/20/2025 P.O. NO: SCALE: NONE QUOTE NO: 1987 DRAWING NO. WEB-304383 SHEET 1 OF 1 SHEET: L- 4.20 Mentage Homes: DETAILS COMPASS AT RED HILL - TUSTIN, CA Kimley>>)Horn 04/14/2025 .. r ■:m. TUSTIN HIGH SCHOOL w Q z W X w LEGEND Monumentation Lighting Accent Tree Lighting (2 Lights/Tree) • Pedestrian Pathway Lighting (Bollards) Proposed/Relocated Street Light (City Standard) Existing Street Light EXISTING RESIDENTIAL L *A MrEl�� C • • • • • • • Festoon Lighting 00o. Directional Lighting to Barbecues Shade Structure Lighting O In Ground Sign Upright Accent Wall Lighting RED HILL AVENUE NOTES • LIGHT POLES FOR UNCOVERED PARKING AREA, VEHICLE ACCESS WAYS, AND WALKWAYS SHALL NOT EXCEED A HEIGHT OF 16 FEET. SCALE: 1" = 20' 0 10 20 40 SHEET: L-5.00 Mentage Homes: CONCEPTUAL LIGHTING PLAN COMPASS AT RED HILL - TUSTIN, CA Kimley>»Horn 04/14/2025 Merietage Homes - 1 Catalog REFER TO LEGEND ON SHEET 1 D-Series Size 1 1�m6er - . ta LED Area Lu i i Lumen Output m n a re Notes Lumen values are from photometric tests performed in accordance with IESNA LM-79.08. Data is considered to be representative of configurations shown within the tolerances described within LM-79. Contact factory for performance data on any configurations not shown here. n Type Forward Optics AILML AILAk N7� I.T.7�h[Rrf FRff1�LY i 1 I ' 1 13000K,i CRI I• I 1 f 1 L I I L B- BABA Introduction d"5ef te5 The modern styling of the ❑-Series features a r15 T2M 7,776 7,203 1 1 0 Q 2 3 153 142 8,104 7,507 1 2 0 0 2 3 159 147 1262 7,653 T 2 0 0 2 3 162 150 highly refined aesthetic that blends seamlessly T3M 7,287 1 o 3 143 7,594 1 0 3 149 7,742 1 0 3 152 with its environment. The D-Series offers the T3LG 6,509 1 0 1 128 6,783 1 0 1 133 6,916 1 0 1 136 Specifications benefits of the latest in LED technology into r4M 7,395 1 0 3I ,707 T 0 3 i51 7 57 1 0 3 154 z a high performance, high efficacy, long -life T4LG 6,726 1 0 1 132 7,010 1 0 1 138 7,146 1 0 1 140 EPA.- 0.69 ft l u m I n a I re TFTM 7,446 1 0 3 146 7,760 1 1 0 3 1 152 7,912 1 0 3 155 (0.06 m') . Pi s1W 30 530 T5M 7,609 3 0 2 149 7,930 1 3 0 2 156 8,084 3 0 2 159 32.71" The photometric performance results In Sites T5W 7,732 3 0 2 152 8,058 4 0 2 158 8,215 4 0 2 161 Length: (83.1cm) with excellent uniformity, greater pole spacing TRG 7,631 3 0 1 150 7,953 3 0 1 156 8, 08 3 1 0 1 159 14.25" and lower power density. D-Series ❑utstand- 131-0 5,300 0 0 2 104 5,524 a 0 2 109 5,631 Q 0 2 1Tt Width: (36,2cm) in photometry aids in reducin the number of g p y g BLC4 5,4T4 0 0 3 ins 5,705 0 Q 3 T32 5,816 0 0 3 114 H1: Height 7.88" g poles required in area II hting ap lications With RCCO LCCO 5,348 5,34s 0 0 0 0 2 2 105 105 5,573 5,573 0 0 0 0 2 2 T09 109 5,682 5,682 0 o 0 o 2 2 112 112 (20.0cm) t typical energy savings o?E]5% and expected AFR 7,776 1 0 2 153 8,104 1 0 2 159 8,252 ' 1 0 2 162 Height HP. 2•73 H2 service life of over 100,000 hours. T1S 9,997 1 0 2 147 10,418 1 Q 2 154 10,621 1 0 2 157 (fi.9 cm} T2M 9,260 2 0 3 137 9,651 2 0 3 142 9,839 2 0 3 145 - 341bs T3M 9,368 2 0 3 138 9,763 2 _0 3 144 9,953 2 0 3 147 Weight: {15.4kg} - iJE'S1C]r1521EC T3LG TIM 8,368 9,507 1 2 0 0 2 3 123 140 8,721 9,909 1 2 0 0 2 3 129 146 8,891 1 1 10,102 2 0 0 2 3 131 149 "' T4LG 8,647 1 0 2 128 9,012 1 0 2 133 9,187 1 0 2 136 Items marked by a shaded background qualify far the Design Select program and ship in 15 MM 9,573 2 0 3 141 9,977 2 0 3 147 10,172 2 0 3 150 yv days or less. To learn more about Design Select, visit www.acuitybrands.com/designselect. P2 fi8W 30 700 T5M 9,782 4 0 2 144 10,195 4 0 2 150 10,393 4 0 2 153 Design Select options indicated by this color background. *See ordering tree for details T5W T5LG 9,940 9,810 4 3 0 0 2 1 1 147 145 10,360 10,224 4 3 o 0 Z 1 153 151 10,562 10,423 4 3 0 0 2 1 156 154 130 6,814 0 0 2 101 7,101 0 0 2 105 7,240 0 0 2 107 BLC4 7,038 0 0 3 104 7,334 0 0 3 108 7,477 0 0 3 110 • • - • • • EXAMPLE: DSX1 LED P7 40K 70CRI T3M MVOLT SPA NLTAIR2 PIRHN CONTRACTOR TO COORDINATE RCCO 6,875 1 0 2 101 7,165 1 0 2 106 7,305 1 0 2 108 VOLTAGE WITH OWNER AND LOCO 6,875 1 0 2 101 7,165 1 0 2 106 71305 1 0 2 108 DSX1 LED 30K 70CRI T2M/T4LG BUILDING MEP ENGINEER PRIOR AFR 9,997 1 0 2 147 10,418 1 0 2 154 10,621 1 0 2 157 I Color ® r r' Distribution TO PURCHASE AND INSTALLATION I T1S T2M 14,093 13,055 2 2 0 0 2 3 T38 128 14,6V 1 13,605 2 2 0 0 2 3 144 133 14,973 13,871 2 2 0 0 2 3 147 ! 136 ' T3M 13,206 2 0 4 129 13,763 2 Q 4 135 14,031 2 0 4 137 DSX1 LED Forward optics (this section 70CRI only) AFR Automotive front row T5M TypeV medium MVOLT (120V-277V)" Shipped included T3LG 11,797 2 0 2 115 12,294 2 0 2 120 12,534 2 0 2 123 r4M 13,403 2 0 4 131 13,968 2 0 4 137 14,241 2 0 4 139 Pi P6 30K 3000K 70CRI 115 Type I short T5LG Type low glare HVOLT {347V-48OV)" SPA Square pole mounting (#8 drilling) T4LG 12,190 2 0 2 119 12,704 2 0 2 124 12,952 2 0 2 127 P2 P7 40K 4000K 70CRI T2M Type II medium T5W Type wide XVOLT (277V - 480Vj RPA Round pole counting (98 drilling) TFTM 13,496 2 0 4 132 14,065 2 0 4 138 14,339 2 0 4 1 140 P3 P8 SOK 5000K 70CRI T3M Type III medium B'LC3 Type III backlight 120;1-11 SPAS Square pole mounting #5 drilling' YP YP 9 q P 9 9 P3 102W 30 i050 T5M 13,790 4 0 2 135 T4,371 4 0 2 i41 14,fi52 4 0 2 143 -----•-•---------------------------------------------------- P4 P9 (this section 80CRI only, T3LG Type III low glare' control' 208,o,n RPA5 Round pale counting #5 driiling9 T5W TAG 14,013 13,830 4 3 0 0 3 2 137 135 14,605 14,413 4 3 0 0 3 2 143 141 14,889 14,694 4 3 0 0 3 2 146 144 P5 extended lead times T4M Type IV medium BLC4 Type IV backlight 24016 �6 SPA8N Square narrow pale mounting BLO 9,,606 0 0 2 94_ 10,011 0 0 2 98 10,206 0 0 2 100 apply) Rotated T4LG Type control 277 1L 6 #g 8 drilling IV low glare BLC4 9,921 -- - 0 0 3 97 10,340 0 0 3 1Q1 10,541 0 0 3 103 optics 27K 2700K 80CRI TfTM Forward throw LCCO Left comer 34716 26 WBA Wall bracket1D RCCO 9,692 t 0 2 95 10,101 1 0 2 99 10,298 1 0 2 101 P10 P12 30K 3000K 80CRI cutoff' medium 480'6 �6 MA Mast arm adapter (mounts on 2 LCCO 9,692 1 0 2 95 10,101 1 0 2 99 10,298 1 0 2 101 P11' P13' 35K 3500K 80CRI RCCO Right comer 3/8" OD horizontal tenon) AFR 14,093 2 0 2 138 14.887 2 0 2 144 14,973 2 0 2 147 cutoff; 40K 4000K 80CRI 50K 5000K 80CRI CONTRACTOR TO ControlOth er 0 ptio P s`` COORDINATE FIXTURE FINISH WITH OWNER PRIOR TO PURCHASE AND Shipped installed PERT Seven -pin receptad e only Shipped installed DDBXD Dark Bronze INSTALLATION. N LTAIRZ PIRHN nLight AIR get) 2 enabled with [controls ordered separate) SPD20KV 20KV surge protection DBLXD Black bi-1eve l motion 1 ambient FAO Feld adjustable output' r' HS Houses ide shield (black finish standard) as DNAXD Natural Aluminum sensoamb erne sensor enatinbled at BL30 BiO I%ev�l1switch ed dimming, L90 Left rotated opticsDWHXD White Zfc B L50 BllevI2Ewitched dimming, R90 Right rotated optics' DDBTXD Textured dark bronze PIR High/low, motion/ambient CCE Coastal Construction' DBLBXD Textured black height sensor, t sensor e n enabled ambient sensor enabled at DMG 0-10v dimming wires pulled HA 500C ambient o eration �4 DNATXD Textured natural aluminum P 2fc i3 70d outside fixture (far use with BAA Buy American) Act and/or Build America Buy America Qualified DWHGXD Textured white PER N E M A twist -lock receptacle an external control, ordered separately) SF Single fuse (120, 277, 347V) M only (controls ordered sepa- rate)" D5 Dual switching's DF Double fuse (208, 240, 480V) Shipped separately PIERS Foe -pin receptacle rdered separate) any (controls ordere" EGSR External Glare Shield {reversible, field install required, matches housing finish} BSDB Bird Spikes (field install required) LITHONIA One Lithonia if ® 2011-2025 Way Conyers, Georgia 30012 ■ Phone: 1-S00-705-SERV (7378) ■ www-Iithonia-cam DSX1 -LED Rev- 01I28125 Acuity Brands Inc. All LITHON/A fA One Lithonia Way ■ Conyers, Georgia 30012 Phone: ® 2011-2025 Acuity Brands Lighting, Inc. All 1-8C0-705-SERV (7378) ■ www.iithonia-com DSX1 -LED Rev- 01 /28/25 LIGHTING ,NNW Lighting, rights reserved. Page 1 of 10 LIGHTING VIEW rights reserved. Page 5 of 10 COMMERCIAL OUTDOOR COMMERCIAL OUTDOOR VEHICULAR LIGHTING CUTSHEET NOT TO SCALE VEHICULAR LIGHTING CONCEPT SHEET: L-5.10 Kimley>>)Horn COMPASS AT RED HILL - TUSTIN, CA 04/14/2025 ACCESS DRIVE ACCESS DRIVE PROJECT ENTRY MONUMENTATION NTS 0 Sign Wall with Project Name (5'-6' HT) (DStreet Tree 0 Accent Boulder and Planting PARK 1 (0. 19 AC) CONCEPTUAL PRIVATE PARK PROGRAM 0 Picnic Pavillion with Picnic Tables (416 SF) 2O Electric or Charcoal BBQ Counters (1) 0 Picnic Tables (2) G Open Natural Turf Area (2,285 SF) 0 Children's Play Area for Ages 2-5 with Rubberized Surface (1,653 SF) Q Accent Park Trees Q Focal Park Trees Q Concrete Paving Q Ramp 10 Park Concrete Walk 11 Accent Wall (3' HT) 12 Pet Waste Dispenser 13 Trash Receptacle 14 Project Entry Monumentation (5'-6' HT) ACCESS DRIVE PROJECT ENTRY PILASTERS NTS 0 Entry Pilasters (5'-6' HT) Q Compass Emblem (Street side) Q Entry Walk Q Street Tree Q Accent Tree Q Accent Boulder and Planting PARK 2 (0.05 AC) CONCEPTUAL PRIVATE PARK PROGRAM O Picnic Table 2O Open Natural Turf Area (1,859 SF) 0 Accent Park Trees 0 Focal Park Trees 0 Concrete Paving Q Vertical Screen Trees 0 Park Concrete Walk O Transformer G Electric or Charcoal BBQ Counter (1) 1 o Pet Waste Dispenser G Trash Receptacle SCALE: 1 " = 10' 0 5 10 20 SHEET: L- 6.00 Meriltage Homes: CONCEPTUAL PARK ENLARGEMENTS COMPASS AT RED HILL - TUSTIN, CA Kimley>>)Horn 04/14/2025 L.L—'tea . _ - � --�ii1P' �, ■ .. - it �r 1L ' _ '•a{ } � �'ti , '� "h � . •54y� ' 7 f � Fly: ,1�` i � � 5�'� I ._ _ _F Y r ' `' ' --,� ��*'� i!. r a}t'4i 5 ` '# y •,.,! 5' �� +, �` i. - ti_ !'.. ,•� -I, - -• - ' _ - __s - a J• � ti'"'T"'rj��'�� ��'" ',1 i '• �1- �. .4 •� i, F�} P *dop i ' I' 1 +' r ♦ t♦' �' ', ' 1' is AL )00 _ i`-� r '1 F 1�if {Y � 1 5• li * '• # 4 + y• .��4� � /ram+r �� t. * x• F... - J41 1 _ � 5- � w 4,'- .i '� � � � _ - ri�.l`. _ - :~'�■�. rf.�, yr, �'. 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RED HILL AVENUE SCALE: 1 " = 10' 0 5 10 20 ►�� PARK 3 (0.08 AC) CONCEPTUAL PRIVATE PARK PROGRAM OSecondary Gateway Monumentation 10 Tubular Steel Fencing/Access Gate - `Red Hill District' signage - Controlled access to neighborhood enclave - Decorative wall -potential mosaic mural 11 Screen Hedge - Illuminated sign - Accent planting 12 5' Walk OOrchard Heritage Bosque 13 6' Planted Parkway -Accent trees in raised planters 14 9' Planted Parkway - Accent Tree Lighting ODecorative Plaza Pavement 15 Planting Area - Enhanced jointing, color and finish - Material to form a natural barricade with deterrent - Materials to mimic crop rows properties OOpen Turf Community Gathering Space 16 Street Parking - Festoon Lighting - Natural Turf D AC Units Behind Fence with Gravel Base 5 Heritage Informational Signage S Unit Accent Tree - Historical information - Orchard/significance G Curb Ramp Corner - Vertical Displays 20 Canopy Street Tree - Accent Lighting O6 Trash Receptacle (2) 21 Bench (4) O Bicycle Racks (2) 22 O - Intermediate armrest Pet Waste Dispenser O6'x 6' Planter Pot on Concrete Pad - Bosque Heritage Trees O 10' x 10' Planter (9) -Accent Base Plantings NOTE: Privately owned, publicly accessible amenity space. NARRATIVE The Compass development in Tustin, California, welcomes residents and visitors with a corner plaza that marks a gateway into the lively Red Hill District. This plaza, situated at a prominent intersection, draws inspiration from Tustin's rich agricultural past. Early ranchers and growers experimented with fruit trees, including prunes, grapes, apples, and peaches. However, water was scarce, and only after the Santa Ana Valley Irrigation (SAVI) was organized in 1877 did Tustin's fertile land produce more abundantly. Inspired by the historic groves that once blanketed Tustin's landscape, a organized bosque of trees forms the plaza's central feature. This deliberate arrangement mirrors the ordered lines of orchards from the region's past, blending rustic charm with modern elegance. The trees stand like sentinels, shading the plaza and creating a natural canopy that invites passersby to linger and unwind. At the heart of the plaza is a public open space for community gatherings. Subtle Spanish architectural influences accentuate the space, where classic tile patterns and textures add warmth and authenticity to the setting. These elements nod to Tustin's historical ties while anchoring the space in a timeless aesthetic that resonates with the surrounding architecture. The planters contain a carefully curated selection of Mediterranean, drought -tolerant plants, chosen for their resilience and seasonal beauty. California natives add texture and fragrance, while accent trees and succulents provide visual interest, establishing a harmonious palette that thrives in Tustin's sun -soaked climate. This corner plaza at Compass is more than an entry point —it's a destination that celebrates Tustin's past while embracing its future. As a gateway to the Red Hill District, it brings together history, community, and the natural environment in a space that reflects the unique identity of this evolving area. SECONDARY GATEWAY MONUMENTATION O Corner Gateway Sign Wall (5'-6' HT) -Accent Lighting/Planting - Accent Planter Pots OAccent Boulders/Planting QPlaza Bosque Trees OPedestrian Concrete Walk OPlanted Parkway SHEET: L- 6.20 Mentage Homes: CONCEPTUAL CORNER PLAZA COMPASS AT RED HILL - TUSTIN, CA Kimley>>)Horn 04/14/2025 w , - +y L•1 .3 •- ',wit—�-,. I. N •Fylr � T,A �: �� •• } _ - � � _ ' � _ tip' - _"�'�' ''li7*+� �'� •'. _ _ s .1 . . 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',® F� ,I II � ;�-` ���+�• - "\jai ,,_ W Pl- 1 i u.f P # — !„?_.. �w J_ .A .r•.. `'1 ae�i o7 's` >< ^ FI , r' ■ � , _ ..� ■ sa } 1 r t z - n 4 , i y ti i i S �A I J { i may' - !a s:P' � � L , ;, , .. ,.. .,: ,.••ten\ ,>$c .c .=^ '>;.f.. -°r .. _ f-� :d. '. a - r, ,. _.,'�°s � :: ;, _ � ...' q . •ram, A a >. a �h: may` r u-�..t" •�"•c , y._� s^a' t.•' �.,^': -�. ,� -� 'a-'�,m.`�x ��.:�r,,.s _ .. � - ATTACHMENT D RESOLUTION NO. 4526 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE RESIDENTIAL ALLOCATION RESERVATION (RAR) 2025-0001, DESIGN REVIEW (DR) 2024- 0014, SUBDIVISION (SUB) 2024-0005/ TENTATIVE TRACT MAP (TTM) NO. 19361, AND DENSITY BONUS REQUEST TO CONSTRUCT A NEW RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE SEVENTY- 73 RESIDENTIAL CONDOMINIUM UNITS IN NINE BUILDINGS, INCLUDING FOUR AFFORDABLE UNITS, ON APPROXIMATELY 3.39 ACRES AT 13751 AND 13841 RED HILL AVENUE The Planning Commission of the City of Tustin, California does hereby resolve as follows: 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 Meritage Homes of California, Inc. for a Residential Allocation Reservation (RAR) 2025-0001, Design Review (DR) 2024-0014, Development Agreement (DA) 2024-0004, Subdivision (SUB) 2024-0005/Tentative Tract Map (TTM) No. 19361, to subdivide the existing two parcels to one lot for condominium purposes to construct a total of 73 units including sixty-nine (69) market rate and four (4) affordable units; and Density Bonus Requests with the provisions of five (5) percent of units identified as very -low income housing with a request for density bonus of twenty percent (61 base units, plus 12 density bonus units); one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); and use of State Density Bonus Law parking standards. The project is located at 13751 and 13841 Red Hill Avenue of the Red Hill Avenue Specific Plan (RHASP). B. That the Development Application requests the following approvals: • RAR 2025-0001 reserving 61 base residential units. • DR 2024-0014 for site layout and building design. • DA 2024-0004 to accept provisions of public benefits. • SUB 2024-0005/TTM No. 19361 to subdivide the existing two parcels to one lot for condominium purposes to construct a total of 73 units including 69 market rate and four affordable units. • Density Bonus request with the provision of five (5) percent of units identified as very -low income housing with a request for density bonus of twenty percent (61 base units, plus 12 density bonus units); Resolution No. 4526 Page 2 one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); and use of State Density Bonus Law parking standards. 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 the project supports the overall vision, goals, and intent of the RHASP by providing enhanced streetscape improvements and incorporating a public amenity space including public art and gateway signage, and pedestrian amenities along both Red Hill Avenue and San Juan Street. Existing street trees along Red Hill Avenue would be replaced with new trees, and on -street public parking bays along Red Hill Avenue to reinforce the urban design character of the corridor. The proposed project is a vibrant, high -quality residential development along Red Hill Avenue that contributes to the City's housing goals. The pedestrian -oriented site design promotes a walkable, well - integrated urban environment, consistent with RHASP objectives. The project would include a new signalized intersection at the project entry along Red Hill Avenue and other associated off -site public improvements. The project implements the following: 1. Goal 1. Enhance streetscape, landscape, and public amenities throughout the Specific Plan area. 2. Objective 1-3. Encourage a "sense of place" within the Specific Plan area through quality site design, architectural design, and public improvements. 3. Goal 2. Improve visual and functional connections and linkages between Red Hill Avenue, surrounding residential neighborhoods, adjacent public and institutional uses, and Interstate 5. 4. Objective 2-1. Identify ways to improve and enhance linkages and connections between new development in the Specific Plan area and surrounding neighborhoods. 5. Goal 5. Improve pedestrian and bike accessibility and vehicular circulation to minimize potential conflicts between different users and improve mobility throughout the Specific Plan area and connectivity with the greater community. 6. Objective 6-1. Promote the development and maintenance of adequate parking facilities commensurate with parking demand. 7. Goal 8. Ensure development within the Specific Plan area is sensitive to and compatible with surrounding land uses. Resolution No. 4526 Page 3 E. That Tustin City Code (TCC) Section 9323b2 requires TTMs be prepared for subdivisions creating five or more condominiums as defined in Section 783 of the California Civil Code. F. 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. G. That pursuant to TCC B9923, the applicant elected to provide five percent (5%) of base units in the residential project, or four units, available to very low- income households and payment of housing in -lieu fee. The City Council has temporarily suspended the payment of housing in -lieu fee for 36 months. H. That pursuant to TCC Section 9123, the applicant requested a Density Bonus Law concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed Use) and use of State Density Bonus Law parking standards. I. That pursuant to TCC Section 9132, the applicant requested use of State Density Bonus Law parking standards to deviate from the on -site parking requirements for guest parking per TCC Section 9263. That the Planning Commission continued the item from the April 22, 2025, meeting at the request of City staff to allow staff and the applicant additional time to finalize a few remaining technical issues. The item was continued to a date certain of May 13, 2025, and all remaining issues including the Development Agreement were resolved. K. That a public hearing was duly called, noticed, and held for RAR 2025-0001, DR 2024-0014, DA 2024-0004, SUB 2024-0005/TTM No. 19361, Density Bonus request and concession on May 13, 2025, by the Planning Commission. L. That on October 16, 2018, the Tustin City Council certified the Final Program Environmental Impact Report (EIR) for the Red Hill Avenue Specific Plan (RHASP) (SCH # 2017041031). M. That the City has prepared an Addendum to the Certified EIR for the project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. N. That as conditioned, Sub 2024-0005/ TTM No. 19361 conforms with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: Resolution No. 4526 Page 4 1. The proposed TTM 19361 and improvements are consistent with RHASP, TCC, and Subdivision Map Act. 2. The site is physically suitable for the type of development and proposed density for a new residential condominium that would include 73 units in nine buildings on approximately 3.39 acres within the allowable density requirements of RHASP 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 site within an urbanized area and any potential environmental impacts can be mitigated to a level less than significant as determined in the 2018 certified RHASP 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 RHASP, except for those development standards associated with the Density Bonus request and will be required to comply with the applicable building and life safety codes. 5. 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 East Orange County Water District and Orange County Sanitation District to utilize community sewer facilities. 6. The recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation improvements associated with the project. O. That the City's Public Works Department reviewed the map and determined that, as conditioned, it is technically correct. P. That the project meets the development standards of the RHASP zoning district, except for the concession requested by Density Bonus law. Q. That TCC Section 9331d 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 50 parcels. Pursuant to TCC 93310, the applicant shall be required to dedicate or pay a park in -lieu fee for the entire parkland dedication requirement of 21,305 square feet. Consistent with RHASP Section 6.7.1(B)(7), the project includes an approximately 3,200 square foot public amenity space that is accessible to the public via easement and includes public art and gateway signage, decorative pavement, seating amenities, landscaping, and lighting. The Developer or homeowners' association ("HOX) Resolution No. 4526 Page 5 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 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 park in -lieu fees. R. 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 a total of 73 housing units. Four of the 73 units will be reserved for "very low-income households." The remaining 69 units will be market rate or ("above moderate") units. S. 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 3, with an estimated capacity to accommodate 137 total units, consisting of 6 very low-income units and 131 above moderate income units. The project proposes a total of 73 units for the site, consisting of 69 above moderate -income units and four very low-income units. As a result, the proposed project is 64 fewer total units and fewer moderate 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 Resolution No. 4526 Page 6 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 December 31, 2024, the City has permitted or approved 453 new housing units (including ADUs) on sites that are not identified in the Housing Element, including three very low-income units, 12 low income units, five moderate income units, and 433 above moderate -income units. Only one project has been approved on a site identified in the Housing Element Site Inventory: a 42-unit residential/live work development on Site #15, with two very low income units and 40 market -rate units (above moderate). Therefore, following approval of the proposed project, the City's remaining unmet RHNA will be 5,658 total units, consisting of 1,699 very low-income units, 1,030 low income units, 1,123 moderate income units, and 1,806 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. As described in the Housing Element, the City took a conservative approach in estimating capacity for sites within the RHASP 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 two fewer very low-income units, and 62 fewer above moderate -income housing units than identified in the Housing Element for Site 3, 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. T. 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: Resolution No. 4526 Page 7 1. Building Design. The project is designed to be a vibrant, high -quality residential development providing housing opportunity along Red Hill Avenue consistent with the RHASP and the City's Housing Element. The Spanish Eclectic architectural design incorporates features such as front elevation porches and landings, varied rooflines and deck guard walls/ guardrails to eliminate the potential for monotonous design, windows with trim surrounds, and four color and material schemes throughout the project to enhance the overall design and add enhancements to the streetscape along Red Hill Avenue and San Juan Street. 2. Site Layout. The Red Hill Avenue street frontage includes one two- way driveway and pedestrian paths that leads to all areas of the project site. The site has pedestrian access from Red Hill and San Juan Street. Residential buildings are proposed away from Tustin High School and along the frontage of Red Hill and San Juan Avenue. The project provides two common recreational areas that provide central gathering spaces and a public amenity space that would be private maintained, but publicly accessible. The three-story buildings are proposed to comply with maximum allowable height of four stories and fifty feet per the RHASP Development Standards. 3. Access and Circulation. The project would include one 28 foot -wide driveway on Red Hill Avenue that would include a new traffic signal. The driveway provides the only entry and exit point to the development, and connects to a 24 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. Offsite parking along Red Hill Avenue is also provided. Pedestrian sidewalks and pathways would be installed to circulate the site and connect to the proposed amenity areas located fronting Buildings 1, 2, and 5, as well as the public amenity space at the corner of Red Hill Avenue and San Juan Street. 4. Parking. The project exceeds the off-street parking required for residential parking; however, is short one guest parking space per the TCC. The applicant has requested use of, and complies with State Density Bonus Law parking provisions. 5. Private and Common Open Space. The project would provide a combined private and common open space area of approximately 37,841 total or 518 square feet (SF) per unit, which exceeds the minimum open space requirement of required in RHASP of 21,900 SF or 300 SF per unit. 6. Lighting. Proposed outdoor lighting would be typical of residential uses and would consist of monumentation lighting, accent tree lighting, bollard pedestrian pathway lighting, vehicular fixture, festoon lighting, directional lighting to BBQ, shade structure lighting, and accent wall lighting. All of the project's outdoor lighting would be Resolution No. 4526 Page 8 shielded to minimize off -site spill and would be in compliance with TCC Section 9271hh. 7. Wall and Fences. The project would include a combination of walls and fences for privacy and security. Five to six foot high pilasters would flank the walkways located on either side of the main driveway along Red Hill Avenue to enhance the project's main entrance and create a sense of place as pedestrians walk onto the community. A new six foot (6'-0') high block wall along the western and southern boundary with 6'-8" pilasters would provide visual interest and break up the proposed wall per RHASP Section 5.3.5 and 5.4.5. There is an existing 6-foot wall along the property line with the adjacent residential development that would be protected in place. Tubular steel fencing is proposed between the public amenity space and the units that are immediately adjacent. 8. 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. 9. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The building design with accent materials is compatible with other multifamily residential buildings in the area. The buildings would meet the development standards as required by the RHASP and TCC, except as those deviations per the Density Bonus requests. 10. Density Bonus Request. The applicant is requesting a Density Bonus concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use). U. That the development is consistent with findings required for approval of the RAR pursuant to Section 6.7 of RHASP as provided below: The project is substantially consistent with the uses, design criteria, and development regulations of the RHASP. The land use designation for the project site is Mixed Use within the Red Hill Avenue Specific Plan (RHASP). This designation encourages a combination of residential and neighborhood -serving commercial uses that support a walkable, vibrant corridor. The RHASP prohibits residential -only developments without a commercial component in certain areas. The proposed project deviates from this standard by utilizing State Density Bonus Law to request to waive the commercial and mixed use requirement. Resolution No. 4526 Page 9 The project site is located on a corner with frontage along both Red Hill Avenue and San Juan Street. Its proximity to established residential neighborhoods and visibility from a major arterial corridor present transitional design considerations that influence site access, layout, and overall compatibility. The project proposes a 73-unit residential condominium development across nine buildings, including 69 market -rate units and four affordable units, on approximately 3.39 acres. Each unit will include an enclosed two -car garage and private open space. The development also features 18 guest surface parking spaces, common open space areas, landscaping, and a public amenity space. The site layout prioritizes internal circulation while providing a transition in scale and design between Red Hill Avenue and adjacent residential uses. 2. The project implements the vision of the Specific Plan related to excellence in architectural design, provision of substantial usable common open space, provision of public art (which may consist of murals, sculpture, decorative fountains or other art deemed acceptable) connectivity to adjacent parks and/or schools if appropriate, and pedestrian connections. The RHASP envisions a vibrant, mixed -use environment characterized by architectural quality, walkability, and public realm improvements. The proposed development aligns with this vision by: • The Spanish Eclectic architectural design that incorporates features such as front elevation porches and landings, varied rooflines and deck guard walls/ guardrails to eliminate the potential for a monotonous design, windows with trim surrounds, and four color and material schemes throughout the project to enhance the overall design; • Providing four-sided architecture to enhance visual interest from all angles; • Orienting building entries and walkways toward the public street frontage to foster a pedestrian friendly environment consistent with RHASP's design intent, • Including common open space areas that support community gathering and recreational opportunities; • Enhancing pedestrian safety and connectivity through sidewalk improvements and thoughtful landscape integration; • Landscaping will be incorporated throughout the site, and a prominent corner plaza will replace the current lack of streetscape improvements along this segment of Red Hill Avenue, further contributing to a dynamic and pedestrian oriented environment. Resolution No. 4526 Page 10 3. The number of units requested is within the thresholds established by the Specific Plan's Program EIR. The applicant is requesting a Residential Allocation Request of 61 base units with 12 density bonus units, for a total of 73 residential condominium units. This proposed unit count falls within the development thresholds analyzed in the RHASP Program Environmental Impact Report (EIR). 4. In allocation of the 500 Residential Allocation Reservations units, the City shall consider an equitable distribution within the Specific Plan Area such that no one parcel receives a disproportionate number of units. The Residential Allocation Reservation application request of 61 units for the 3.39-acre project site represents approximately 15% of the total number of units allocated for the area north of the 1-5 freeway and 12% of the total overall units for the entire Specific Plan area. Based on the total project area as a percentage of the Specific Plan, the project request is an equitable and proportional distribution. 5. The development is consistent with the overall vision. aoals. and intent of the RHASP. The project supports the overall vision, goals, and intent of the RHASP by providing enhanced streetscape improvements and incorporating a public amenity space including public art and gateway signage, and pedestrian amenities along both Red Hill Avenue and San Juan Street. Existing street trees along Red Hill Avenue would be replaced with new trees, and on -street public parking bays along Red Hill Avenue to reinforce the urban design character of the corridor. The proposed project is a vibrant, high - quality residential development along Red Hill Avenue that contributes to the City's housing goals. The pedestrian -oriented site design promotes a walkable, well -integrated urban environment, consistent with RHASP objectives. The project would include a new signalized intersection at the project entry along Red Hill Avenue and other associated off -site public improvements. 6. The development is consistent with the policies and intent of the Development Plan (Chapter 3), including the Urban Design plan (Section 3.4). The project is consistent with the RHASP Development Plan and Urban Design Plan through its thoughtful site layout, pedestrian connectivity, and integration of open spaces. The design incorporates pedestrian paths, varied building massing, and corner plazas, which support urban design goals outlined in Section 3.4. 7. The project, including the proposed uses and requested entitlements, comply with the Permitted Land Use and Activities Table (Table 4.1) and complements and contributes to the project area. The proposed residential use is consistent with the permitted uses in Table 4.1 of the RHASP. The project's layout, design, and pedestrian amenities contribute positively to the character and vitality of the project area. The applicant is requesting a Density Bonus concession to remove the requirement for a commercial component Resolution No. 4526 Page 11 (Flexible Format Retail and Mixed -Use), which is permitted under State Density Bonus Law. 8. The development substantially complies with or obtained approval of a modification to conformance with the Commercial and/or Mixed - Use Development Standards (Chapters 4). The project complies with applicable development standards, including maximum building height, parking, and open space requirements. Where a concession is requested to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use), it is allowed under the Density Bonus provisions. 9. The development substantially complies with or has obtained approval of a modification to conformance with the Commercial and/or Mixed -Use Design Criteria (Chapter 5). The project substantially complies with RHASP Design Criteria through articulated facades, variation in rooflines, material and color schemes, and enhanced pedestrian experience. The applicant requested to build a residential use through a Density Bonus law concession; therefore, commercial and mixed use design criteria is not applicable. 10. Compliance or modification thereto with applicable Development Standards and Design Criteria is demonstrated and ensured through Design Review of the project site plan, building elevations, floor plan, parking plan, landscaping plan, lighting plan, access plans, refuse plans, and any other applicable plan(s) or document(s). All required plans have been submitted as part of the Design Review and demonstrate compliance with RHASP and TCC standards. Plans include detailed building elevations, site layout, floor plans, landscaping, lighting, and access, ensuring coordinated development consistent with applicable guidelines. 11. Required parking for the project is provided entirely on -site. The project provides the minimum parking required on -site for residents but is short one guest parking space, per theRHASP and Tustin City Code. The applicant has requested and complies with State Density Bonus Law parking standards. Additional on -street public parking would be provided along Red Hill Avenue as a public benefit. 12. The development demonstrates high -quality architectural design and site planning and reflects the nature of the site and the surrounding area through the following: a. Incorporating roof forms and facades that provide building articulation, create visual interest, and reduce the appearance of uniform building massing. Resolution No. 4526 Page 12 b. Creating a design that is both cohesive and varying with respect to architectural style, architectural details, windows, doors, colors, and materials. c. Facilitating pedestrian orientation through building placement, building scale, and architectural design. d. Ensuring associated elements including parking, service areas, landscaping, lighting and pedestrian access, and amenities are functional and serve to enhance the overall appearance and experience of the project. e. Siting and designing structures that relate to and respect adjacent development and sensitive land uses. 13. The developer consents to enter into a mutually agreeable Development Agreement if the City requests one. The developer is proposing to enter into a Development Agreement with the City to voluntarily provide community public benefits. 14. The project impacts are assessed through the approved RHASP Program EIR or through subsequent environmental documentation in compliance with the CEQA guidelines. That the City has prepared an Addendum to the Certified EIR for the Project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the Project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. The Planning Commission hereby recommends that the City Council approve RAR 2025-0001, DR 2024-0014, SUB 2024-0005/TTM No. 19361, and Density Bonus request to construct a seventy-three (73) condominium residences, including sixty- nine (69) market rate and four (4) affordable units located at 13751 and 13841 Red Hill Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13t" day of May 2025. TANNER DOUTHIT Chairperson Resolution No. 4526 Page 13 JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Conditions of Approval Exhibit B: TTM 19361 Exhibit C: Addendum to the RHASP EIR APPROVED AS TO FORM: MICHAEL DAUDT Assistant City Attorney Resolution No. 4526 Page 14 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. 4526 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13t" day of May, 2025. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary ATTACHMENT D — EXHIBIT A EXHIBIT A CONDITIONS OF APPROVAL RAR 2025-0001, DR 2024-0014, DA 2024-0004 SUB 2024-0005 / TTM NO. 19361, AND DENSITY BONUS REQUESTS GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 13, 2025, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). Any changes in the approved project shall be subject to the review and approval of the Community Development Department. (1) 1.2 Approval of Design Review (DR) 2024-0014 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months of this approval, unless otherwise provided for by the Development Agreement (DA) 2024-0004. Time extensions may be considered consistent with the provisions of Development Agreement (DA) 2024- 0004. (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 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/ TTM NO. 19361, and Density Bonus Requests 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 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 PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 2 (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 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/ TTM NO. 19361, and Density Bonus Requests, 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 2024-0004 is not approved and executed. The applicant shall comply with executed DA 2024-0004. (1) 1.10 In the case of any conflict between these Conditions of Approval and DA 2024-0004, the DA between the City of Tustin and Developer shall govern. DEVELOPMENT AGREEMENT AND HOUSING AGREEMENT AND COMMUNITY FACILITY DISTRICT AND BOND FINANCING (***) 2.1 The Development Agreement (DA 2024-0004) 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, but be not limited to, the following terms: 1) equity sharing, 2) level of affordability, and 3) terms of affordability. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 3 *** 2.3 The bonds of BOLD Program Community Facilities District (CFDs) to be issued through the California Municipal Finance Authority (CMFA) shall not require involvement of the City other than approving the use of the program and entering into an agreement to accept the public facilities upon completion, or accept fees to be paid for with the bond proceeds. CMFA is responsible to authorize and issue the bonds in their name and awards their sale to the bond underwriter per the underwriter's credit requirements. *** 2.4 Upon issuance of the bonds, the reimbursement request would be reviewed by the CMFA team and the City shall verify that the reimbursements are for the intended public facilities or payment of parkland in -lieu fees. Public Works shall perform this verification against the plans approved by the City and the Parks and Recreation Department will confirm the payment of parkland in lieu fees. The developer shall also certify that the work is performed under prevailing wage requirements when applicable. *** 2.5 Prior to final acceptance of public facilities, Public Works shall confirm/verify that the public facilities are complete in accordance with the approved plans. The Community Development Department shall not issue any certificate of occupancy until the project has been verified by Public Works. TENTATIVE TRACT MAP 19361 / FINAL MAP CONDITIONS (1, ***) 3.1 Preparation and recordation of a final subdivision map shall be required. (1) 3.2 On the Map, the Subdivider shall release and relinquish to the City of Tustin all vehicular access rights along Red Hill Avenue, San Juan Street, and the alley, except at approved access locations and street intersections, at no cost to the City. (1) 3.3 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 recordation of the final map, the applicant is required to execute a subdivision and monumentation agreement and furnish PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 4 improvement and monumentation bonds, all on forms acceptable to the City. USE RESTRICTIONS (4) 4.1 The project shall include construction of a new residential development project that would include 73 residential condominium units, in nine buildings on approximately 3.39 acres. Five percent of the base units (four (4) units) would be affordable to very low-income households, making the Project eligible for a 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, 18 guest surface parking spaces, common open space areas and landscaping, and a 3,200 square foot (SF) public amenity space. The project includes a density bonus request for one Concession to remove the requirement for a commercial component (Flexible Format Retail); and use of State Density Bonus Law parking standards. (4) 4.2 All parking spaces shall be maintained as shown on the approved plans dated March 13, 2025. Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Community Development Director. (1) 4.3 No outdoor storage shall be permitted during grading or building stages except as approved by the Community Development Director. (4, ***) 4.4 During plan check, provide an additional cross section/detail to the Planning Division to show the building setback of the cantilevered second and third floors for the units along Street `D' and Street `E'. This detail must clearly show compliance with RHASP Table 4-3 (G) Development Standards for minimum separation between buildings for second and third floors, and to ensure vertical clearance between buildings. *** 4.5 The City may monitor the usage of the on -street public parking spaces along the property frontage, and the public parking spaces may be removed or modified with time restrictions in the future, at the City's sole discretion. CONDITIONS. COVENANTS & RESTRICTIONS (CC&Rs) PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 5 (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 Sections 5 and 6 of these Conditions of Approval, 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 Certificate of Occupancy 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 Certificate of Occupancy 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 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. 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. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 6 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, and the privately owned but publicly accessible common open space, 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 (Page 5) in the CC&Rs. Examples of maintenance guidelines are shown below: 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 be periodically root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. All trees adjacent to the property line with Tustin High School within the firework display zone shall be trimmed annually at least seven days prior to the City's July 4th Fireworks event. 2. All private drives, sidewalks, and open space areas shall be maintained so that significant pavement cracks, pavement PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 7 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 164 parking spaces shall be available on -site as shown below: a. 146 parking spaces shall be available on -site permanently maintained at a rate of two garage spaces per dwelling unit; b. 18 guest surface parking spaces for the residential units (0.24 guest spaces per unit). 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 feet high, seven feet wide, and 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 PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 8 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 12 hours of collection. Placement of trash containers for collection shall be adjacent to the specific residence for which they are assigned with no less than one foot of space between containers. Driveways and garages must be fully accessible at all times. Placement of trash containers for collection must allow for ADA access. 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. 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 March 13, 2025. 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. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 9 a. Accessible Residential Units identified on the approved Site Plan dated March 13, 2025. 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. 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 1 st 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. S. The City will monitor the usage of the on -street public parking spaces along the property frontage, and the public parking spaces may be removed or modified with time restrictions in the future at the City's sole discretion. HOMEBUYER NOTIFICATION (1) 6.1 Prior to issuance of the first Certificate of Occupancy in the development, the subdivider shall submit to the Community PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 10 Development Department for review and approval 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), Red Hill Avenue and San Juan Street. 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 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. E. A notice stating trash bins shall be placed in designated curb areas as shown on an Exhibit to the CC&Rs and approved by CR&R no earlier than 12 hours prior to the scheduled collections and removed within 12 hours of collection. F. A notice explaining and providing a copy of the approved "Parking Plan" and related CC&Rs provisions. G. A notice explaining and providing a copy of the approved "Phasing Plan" for future construction within the subdivision and that activity may be disruptive. H. A notice for any accessible unit, as identified on the approved Site Plan dated March 13, 2025, and required per Chapter 11A of the CBC, to keep all accessible features for life of the buildings including, but not limited to: bathrooms, showers, bedrooms, accessible entries and changes in elevation. Ten percent (10%) of the residential units or a minimum of eight residential units are required to be accessible. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 11 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 shall disclose the following, but not limited to, regarding enhanced filtration units: 1. Identify that the homeowner is responsible to ensure that enhanced filtration units are inspected regularly and replaced on time, if appropriate and feasible. 2. Disclose the potential increase in energy costs for running the HVAC system to prospective residents. 3. Provide recommended schedules (e.g., once a year or every six months) for replacing the enhanced filtration units to prospective residents. J. A notice that regarding the privately owned but publicly accessible common open space. 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. (4) 7.2 During plan check, a master sign plan shall be submitted per TCC Section 9403c and 9403h. All utilities shall be placed underground (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. (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. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 12 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 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 will be reviewed and approved by the Community Development Department. Per TCC Section 9271 i, the height of wall would be up to three feet (3') high in the front yard setback area and up to six feet eight inches (6-8") high along the remainder of the property line with adjacent properties. (1,4) 7.10 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 -foot (1') 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. Landscaping shall be placed so that it does not interfere with the lighting of the project area or restrict access to utilities or emergency access per Section 5.4.3 of the RHASP. LANDSCAPING PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 13 (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 (WELO) and Section 9266e of the TCC. (1,6) 8.2 The applicant shall install landscaping and irrigation in accordance with the approved landscape plans, prior to issuance of a Certificate of Occupancy for the building immediately adjacent to the landscape. The property owner and homeowner association shall be responsible for maintaining landscaping in accordance with the approved landscape plans. Dead plants shall be replaced by the property owner or homeowner association with the same species type and size identified in the approved landscape plans. (***) 8.3 All trees adjacent to the property line with Tustin High School within the firework display zone shall be trimmed annually at least seven days prior to the City's July 4th Fireworks event. See COA No. 5.5G in the CC&R Section 5. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 14 NOISE/ FINAL ACOUSTICAL (NOISE) ANALYSIS (1) 9.1 During plan check, the Applicant/Developer shall submit a final acoustical report 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 4614c. (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, TCC Section 4615, and Title 24, Part 2 of the CBC. (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. Final design for proposed awning/canopy over common open space area in compliance with "Table N-Y of the City's General Plan Noise Element for outdoor environment limited to picnic areas and other areas of frequent human use. ii. Other noise barriers/attenuation measures identified in final acoustics analysis. ORANGE COUNTY FIRE AUTHORITY (OCFA) PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 15 (1,5) 10.1 Prior to OCFA clearance of a final map or issuance of a precise grading permit, the applicant shall submit a Fire Master Plan (service code PR145). (1,5) 10.2 Prior to issuance of a building permit, the applicant shall submit plans for fire sprinkler system (service code PR470-PR465). (1,5) 10.3 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 are available at the following link: https://ocfa.org/AboutUs/Departments/CommunityRiskReductionDi rectory/PlanningAndDevelopment.aspxz (1,5) 10.4 Partial/Final Occupancy Inspections: Prior to issuance of partial 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 requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150. (1,5) 10.5 Prior to commencement of construction, applicant shall attend a pre -construction meeting with an OCFA inspector. (1,5) 10.6 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. 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. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 16 (1) 11.2 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 available at the following link: https:Htustinca-energovpub.tylerhost.net/Apps/SelfService#/home. The WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on -site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. The Final WQMP should incorporate the following revisions in addition to standard requirements: a. The applicant will be required to implement pre-treatment measures upstream of any proposed infiltration BMPs for stormwater quality treatment. (1) 11.3 Prior to submittal of a Final WQMP, the applicant shall submit a deposit of three -thousand -seventy-seven dollars ($3,077.00) (per the FY 2024-25 fee schedule) to the Public Works Department for the estimated cost of reviewing the WQMP. The City's Fee Schedule is available at the following link: https://www.tustinca.org/l 260/Comprehen sive-Schedule-of-Fees (1) 11.4 Prior to issuance of any permits, the applicant shall record a "Declaration of Restrictions" 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 a Final Approval and Certificate of Occupancy, the engineer responsible for the approved WQMP shall sign and stamp Stormwater Observation Report Form. (1) 11.6 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 Quality Control Board. STREET IMPROVEMENTS PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 17 (1, "') 12.1 Prior to issuance of first permit, the applicant shall submit engineered public improvement plans along the project frontage for review and approval. These public improvements shall be completed prior to the issuance of first occupancy release. a. The applicant shall be responsible for design and construction of a traffic signal at the intersection of Red Hill Avenue and the project entrance (project name TBD) including traffic signal installations; signing and striping modifications; installation of radar detection system; and construction of Americans with Disabilities Act (ADA) curb ramp and driveway apron on the east side of Red Hill Avenue per City Standards. Work shall include any surface improvements associated with the new signalized intersection along the southeasterly side of Red Hill Ave. The project entry on Red Hill Avenue shall be designed and constructed per the City of Tustin Standard 210 with a 25-foot (minimum) radius curb returns. b. The applicant shall design and construct Red Hill Avenue to ultimate half street width including parking bay cutouts along the property frontage within the 18-foot right-of-way area to accommodate 8-foot-wide public parking areas along with landscape curb bulb -outs, consistent with the provisions of DA 2024-0004. The half street shall be: 42-foot wide consisting of three through lanes (11, 10 & 10 feet each, median width of 5- foot, and a 6-foot on -street bike lane). The applicant shall construct the full width 10-foot-wide landscaped median. The bike lane shall not be designed and constructed in the valley gutter or gutter pan. c. The applicant shall be responsible for design and installation of traffic signing and/or striping along Red Hill Avenue and San Juan Street, including the addition of bike lane along the project frontage on Red Hill Avenue and relocate traffic signal at Red Hill Avenue and San Juan Street. d. The applicant shall design and construct the landscaped medians on Red Hill Avenue between El Camino Real and San Juan Street including sawcut and removal of existing asphalt paving and subgrade materials; construction of median curb per City Standard 201, Type B-1, modified with 10-inch curb face. Twelve inch (12") wide raised median shall extend the full length of the left turn pockets. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 18 e. The applicant shall design and construct parkway improvements along the frontage on Red Hill Avenue and San Juan Street. f. All proposed outdoor furniture, decorative pavers/ concrete, and planters in the public accessible park (privately HOA maintained) shall be designed and placed on private property. g. The applicant shall be responsible for the design and construction of the undergrounding of all existing and proposed utility distribution facilities within the public right-of-way (R/W) along Red Hill Avenue and alley along the project frontage. h. The applicant is responsible for relocating any existing utilities from the curb return areas of the proposed driveways along San Juan Street and Red Hill Avenue. i. The applicant is responsible to coordinate, remove and relocate SCE power poles and overhead utilities in the alley. All streetlights in public R/W shall meet the City of Tustin Public Works Standards. (1) 12.2 All proposed monument signs shall be designed and constructed on private property and shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. (1) 12.3 Prior to any work in the public R/W, an Encroachment Permit shall be obtained from, and applicable fees paid to the Public Works Department. (1) 12.4 Prior to issuance of an Encroachment Permit, the applicant shall submit street improvement plans in the City's Citizen Self Service Portal, 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. (1) 12.5 Prior to issuance of an Encroachment Permit for construction within the public R/W, the applicant shall submit traffic control plans in the City's Citizen Self Service Portal, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 19 type of plan preparation, to the Public Works Department for review and approval. (1) 12.6 Current Federal ADA requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. (1) 12.7 The applicant shall obtain written approval and/or permits from the applicable utility companies, including but not limited to Southern California Edison, The Gas Company, East Orange County Water District (EOCWD), Orange County Sanitation District (OC SAN), AT&T, Cox Communications, Spectrum, etc. (1) 12.8 The applicant 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. (1) 12.9 The applicant shall enter into a Landscape Installation and Maintenance Agreement 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 Red Hill Avenue and San Juan Street. A detailed parkway improvement exhibit shall be provided for the agreement. (1) 12.10 Vehicle gates are currently not proposed at the entry access to this project. If there is a future desire to add vehicle gates, the entry shall be modified to provide a minimum of 100-foot on -site stacking distance between the gates and the public R/W on Red Hill Avenue and be reviewed and approved by the City of Tustin Public Works Department. (1) 12.11 Final Hydrology/Drainage Report. Existing drainage patterns on - site should be maintained for proposed conditions. Based on evaluation of existing drainage in the adjacent area, the majority of the site appears to drain to storm drain inlet at the southwest side of the project site into an existing alley before eventually discharging to an existing catch basin on Red Hill Ave. Only a small portion of the project site drains to San Juan Street. Existing on -site drainage patterns should be maintained for any proposed stormwater conveyance systems for the project. If this cannot be achieved, the City will consider discharge of stormwater to the catch PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 20 basin in San Juan Street, which will require detailed calculated of the existing downstream system that shows that the system has the capacity to allow the additional flow. WATER IMPROVEMENTS (1, ***) 13.1 The existing 6-inch water main in Red Hill Avenue is insufficient to provide fire flows for the proposed facilities. Based on the OCFA fire flow demands and requirements, the applicant shall design, construct and complete water main improvements in Red Hill Avenue, including construction of a new 12-inch diameter water main connecting to the existing 12-inch main in El Camino Real and the existing 8-inch main in San Juan Street; abandonment of any existing water services connected to the 6-inch main and replacement with new water services connected to the 12-inch main. (1) 13.2 Provide private onsite domestic and fire water systems including appropriate fire backflow device(s). Private domestic water submeters shall be provided for each dwelling unit. (1) 13.3 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) 13.4 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 feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. b. If a building sprinkler system is required by the 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. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 21 (1) 13.5 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation, or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1) 13.6 The applicant's project is within the East Orange County Water District (EOCWD) service area, a release/approval from the EOCWD shall be obtained prior to issuance of a Grading Permit from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all applications, connections and other EOCWD fees. (1) 13.7 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the OCFA. Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 13.8 Any easements for construction and maintenance of public water facilities within private property shall be dedicated to the City of Tustin on the project tract map, at no cost to the City. (1) 13.9 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. 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 percent (65%) 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 percent (5%) of the project's valuation as determined by the Building Official, rounded to the nearest PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 22 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. (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 foot (1') of space between containers. Driveways/garages must be fully accessible at all times. Placement of containers for collection must allow for ADA in accordance with COA provided in Section 12. d. 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. PUBLIC WORKS MISCELLANEOUS CONDITIONS (1) 15.1 Prior to first Grading Plan submittal, 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. (1) 15.2 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. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 23 The fee rate schedule automatically increases on July 1st of each year. (1,5) 15.3 Prior to the issuance of a Grading Permit(s), the applicant shall provide written approval of sanitary sewer service connections from the East Orange County Water District (EOCWD). (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 the first Certificate of Occupancy. (1) 15.5 It is the applicant's and the project Engineer's responsibility to confirm information shown on the final map, the offsite improvement plans, final WQMP, grading plan, and landscape & irrigation plans are consistent. 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 Division 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 All direct service overhead powerlines within the exterior boundary lines of the project serving the property shall be located underground pursuant to TCC Section 8107. (1,3) 16.4 Prior to issuance of a grading permit, the applicant or developer shall provide "will -serve" letters from all utility providers. (1) 16.5 Construction plans shall be submitted to the Building Division for review and issuance of any future building permit(s). Construction plans shall comply with California Building Codes, as adopted and in effect at time of plan submittal. Building codes in effect, including local amendments, as of January 1, 2023: 2022 California Building Code ('22 CBC); 2022 California Plumbing Code ('22 CPC); 2022 California Mechanical Code ('22 CIVIC); 2022 California Electrical Code ('22 CEC); 2022 California Residential Code ('22 CRC); 2022 PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 24 California Energy Code ('22 Energy); and 2022 California Green Building Standards Code (`22 CGBSC). (1) 16.6 Automatic fire sprinkler system shall be installed within each dwelling unit. (1) 16.7 A soils report is required for all new residential construction. A soils report addressing foundation and seismic designs shall be provided for review with building permit application submittal. (1,3) 16.8 Per California Energy Code, all low-rise buildings shall have a PV System installed. (CA Energy Code Section 170.2(f). (1,3) 16.9 Architect of record shall be aware of requirements in Chapter 11A of CBC as it relates to site accessibility requirements for the building in regard to parking requirements, interior routes of travel and facility accessibility and accessible path of travel from public R/W. a. An accessible path of travel shall be provided to the accessible units from the public sidewalk per CBC Section 1102A.3. At least 10% of the units are required to comply with 1102A.3. This requirement applies to each parcel separately. i. Show the location of the required accessible units per CBC Section 1102A.3 for each parcel. Eight minimum is required. ii. The public sidewalk cannot be used as a part of the accessible path of travel from the accessible unit entrances to the common use facilities within the site. This comment applies to those units adjacent to the streets and public right of way. The accessible path of travel must be within the parcel. b. Show the accessible path of travel from the accessible units to the Common Use Facilities provided on -site. c. The exterior accessible routes shall comply with CBC Section 1110A. (1,2) 16.10 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 Red Hill Avenue Specific Plan (RHASP) PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 25 Environmental Impact Report (EIR) dated October 2018. A mitigation monitoring report shall be submitted to the City. See Environmental/ CEQA section starting at Condition of Approval No. 18.1. (1,2) 16.11 Prior to Certificate of Occupancy, the project shall demonstrate compliance with all applicable mitigation measures identified in the MMRP for the RHASP Environmental Impact Report (EIR) dated October 2018. Afinal mitigation monitoring report shall be submitted to the City. FEES (1) 17.1 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. (1) 17.2 Prior to issuance of a building permit, Developer shall pay a per unit and per bedroom new construction fee. (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 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. (1,5) 17.4 Prior to issuance of a Certificate of Occupancy for a residential unit of the project, Developer shall pay a per unit park in -lieu fee per TCC Section 9331 d, as each Certificate of Occupancy is issued by the City. 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. Parkland Fee shall be approved by the Parks and Recreation Director and prior to issuance of a Certificate of Occupancy, consistent with the provisions of DA 2024- 0004. PC RESOLUTION NO 4526 RAR 2025-0001, DR, 2024-0014, DA 2024-0004, SUB 2024-0005/TTM NO. 19361, AND DENSITY BONUS REQUESTS Page 26 (1,5) 17.5 Developer shall pay an affordable housing in -lieu fee in the amount and timeframe specified in the executed associated Housing Incentive Agreement, as required by TCC and City Council Ordinance, unless such fee is suspended, waived or eliminated by the City Council at the time the fee is to be paid as specified in the Housing Incentive Agreement. ENVIRONMENTAL / MITIGATION MEASURES (2) 18.1 The project shall comply with the MMRP for the RHASP (SP13) EIR dated June 2018 (Council Resolution No. 18-73). For reference, see Exhibit C of this Resolution for a copy of the MMRP. ORANGE COUNTY SANITATION DISTRICT (OC SAN) (1,5) 19.1 Prior to issuance of grading permit, submit a sewer study to the Orange County Sanitation District for review and approval. POLICE DEPARTMENT (1) 20.1 Provide surveillance trailer cameras, on -site security, and lighting in the parking lot during construction. (1) 20.2 Provide no trespassing signs posted at all pedestrian and vehicle entrances that state "No Trespassing" per TCC Section 6350c. ORANGE COUNTY HEALTH CARE AGENCY (OCHCA) 21.1 Continue to coordinate with the Orange County Health Care Agency as it relates to CA-OCHCA Case 221C006. CITY OF TUSTIN 1co a 0 T 12 N2 L E 0 L2 C6 N 0 N Q Q LT 3 Z Q J z w O W w 0 W 0 O O U U) / 0 Q U / J rn 0 ZD N / W 0 J I / Y E L7 c LT L 0 J Lu ry O U-HAUL MOVING & STORAGE 4' PRIVATE ROAD AN UTILITY EASEMENT GO GREEN EXPRESS CA WASH 11,91 29' EXIST. DRIVE AISLE SITE PLAN TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES 0 z� az o w TUSTIN HIGH Q SCHOOL �J 1 Z J Q P. a N STREET 'B' 33 AD N � APN 500-141-08 Ln (if El R, �,o' 34 (NOT A PART) ❑❑❑ _ ❑❑❑❑ 35 3' ❑1 ❑2 ® 25 26 3' � 3' 3' 36 I � 11 19 I � �3 AD I 27 LLJ 37 ADA ® 12 DA 20 ADA ® W 4, U BUILDING 1 ❑ 5 BUILDING 2 w BUILDING 3 20, 28 DA � 38 13 21 BUILDI G 4 �. W I - - � I U) I BUILDING 5 _ (nEl 0 - 29 39 ®I 14 ADA I z 22 AD - 24' PRIVATE ROAD AND 0 24' Q z ® UTILITY EASEMENT — zmzz—L- 0 w 30 12' 12' 40 ❑ 15 12' 12' o vwi 23 _ — —PBUILDffid ADA W Ld I 41 � 12' 12' 7 8 ® LOT 1 - 16 ~ 24 I 31 32 I (CONDOMINIUM) - WLu 6 o = ®®®®®® ❑IN ❑❑❑❑ 42 45 o I 9' 0 o R� �b 3' 46 N STREET 'A' ❑ 112 _o N� ® ❑12'BUILDIN 7 ® ® BUILDI G 8 4' BU LDI G 9 z® _ 20 ® ® ❑ ❑ - ® 20' - ® ® ' PE SPA E ® 47 48 49 50 51 52 53 w 55 56 57 58 59 60 61 62 63 E014'�® = 8' Q TT J v J - U zQ i �n Q _ J ROP. RAISED MEDIAN PER RHASP 0 Q m W W c� — W Z m Y � Q m INTERSECTION TO BE SI fTa ��II I rn390.0\ 1 1 _moo ROP. BIKE LANE w m w m PER RHASP (CLASS II � c� — � c� `� 0 PER CIRCULATION m z z SIGHT TRIANGLE ELEMENT) m Ofm RED HILL A — — — — — ROP. RAISED MEDIAN —otm 0 _ PER RHASP F 4 0 ® O r1 cm Iz- Q Q- LL PROJECT SITLu qti o ti L� 'n BP: 33+15.28 VICINITY MAP NOT TO SCALE I I LEGEND PROJECT BOUNDARY PROPOSED LOT LINES PROPOSED EASEMENT EXISTING CENTERLINE — EXIST. RIGHT OF WAY 0 EXIST. PARCEL LINE EXIST. EASEMENT — — — — — — — — PROP. FACE OF CURB EXIST. FACE OF CURB ADA PATH OF TRAVEL �D PROP. TRANSFORMER � I ❑ I AC COMPRESSOR CONDOMINIUM UNIT NUMBER (n Z Q PROPOSED TRAFFIC SIGNALS 0 Z + Q n H 10 11211.. • • Zii /Z�O ��X GRAPHIC SCALE IN FEET 0 15 30 60 TUSTIN .ANCH RD O� ATTACHMENT D CITY OF TUSTIN OWNER EXISTING EASEMENTS TENTATIVE TRACT MAP PER COMMITMENT FOR TITLE INSURANCE, OWNER IS AN EASEMENT IN FAVOR OF SANTA ANA VALLEY LISTED AS: SPACE-IAG-I, LLC C/O MERITAGE HOMES IRRIGATION COMPANY FOR A PIPELINE AND RIGHT OF WAY 5 PETERS CANYON ROAD, SUITE 310 AND INCIDENTAL PURPOSES, PER DOCUMENT RECORDED IRVINE CALIFORNIA 92606 OCTOBER 17, 1919 IN BOOK 344 OF DEEDS, PAGE 89. TENTATIVE TRACT MAP 19361 — COMPASS AT REDHILL ATTN: JOHANNA CROOKER (PLOTTED HEREON). PHONE: (949)299-3847 EMAIL: JOHANNA.CROOKER@MLCHOLDINGS.NET ZONING FORCONDOMINIUM PURPOSES DEVELOPER EXISTING: RED HILL AVENUE SPECIFIC PLAN DISTRICT MERITAGE HOMES NO ZONING CHANGE IS BEING PROPOSED 5 PETERS CANYON ROAD, SUITE 310 o w IRVINE CALIFORNIA 92606 LAND USE z ATTN: JOHANNA CROOKER w PHONE: (949)299-3847 EXISTING: VACANT Q Q TUSTIN HIGH EMAIL: JOHANNA.CROOKER@MLCHOLDINGS.NET PROPOSED: MULTI -FAMILY RESIDENTIAL ow IF SCHOOL bj Q J ENGINEER AREA SUMMARY fA" �APN: 50014107 KIMLEY HORN & ASSOCIATES, INC. TOTAL AREA: 3.38 ACRES 014117 J 0-0 APN: 50014118 3801 UNIVERSITY AVE, SUITE 300 EXISTING LOTS: 2 T im RIVERSIDE, CA 92501 TOTAL PROPOSED LOTS: 2 0 ATTN: KIRK MYERS, PE, PLS LOT 1 - 3.32 ACRES FOR CONDOMINIUM PURPOSES RICE 71470 LOT A - 0.07 ACRES FOR OPEN SPACE. LOT A TO BE N40'40'11"E 463.75' PHONE: (951) 543-9868 RETAINED BY HOA WITH EASEMENT FOR PUBLIC USE. z EMAIL: KIRK.MYERS@KIMLEY-HORN.COM PROPOSED BUILDINGS: 9 ®®®®® RESIDENTIAL UNITS: 73 Q BUILDING FOOTPRINT AREA: 1.44 AC STREET 'B' 33 ADA I UTILITY PROVIDERS PRIVATE STREET AREA: 0.94 AC WATER: TUSTIN WATER DEPARTMENT *NOTE: THIS PROJECT DOES NOT PROPOSE ANY N PUBLIC RIGHT-OF-WAY DEDICATIONS 34 o SEWER: ORANGE COUNTY SANITATION DISTRICT & ® ® I N EAST ORANGE COUNTY SANITATION DISTRICT APN: 50008201 ® 35 STORMWATER: CITY OF TUSTIN ® ❑9 10 17 18 y ® M APN:50014108 = APN: 50014119 25 26 N (NOT A PAR) I I ELECTRICITY: SOCAL EDISION ® ® 36 j(h E I - ❑ I GAS: SOCAL GAS Y U-HAUL MOVING 11 19 �u & STORAGE �3 ADA I 27 W 37 ADA TELECOM: AT&T / COX COMMUNICATION ° � 12 DA - 20 ADA ® LLI I *NOTE: o+ J APN: 50008202 ON -SITE WATER SHALL BE PRIVATE. o V 4 BUILDING 2 BUILDING 3 Ld 28 DA � 38 I • ALL UNITS TO HAVE SEWER AND WATER SERVICES 3 BUILDING 1 BUILDI G 4 °' INDIVIDUALLY. Z Lu I 13 21 o Lu 5 I BUILDING 5 N40'40'11"E .149.00' N N E�lo z 29 24 PRIVATE ROAD, BUILDING 6 (UNITS 43-46) WILL HAVE WATER AND z 14 ADA I 22 AD ® EMERGENCY VEHICL AND 2 EX. Q w SERVICE DIRECTLY FROM SAN JUAN ST., ALL OTHER o � PUBLIC UTILITY EASEMENT ®®®® o W ® 24 ao L IRRIGATION I UNITS WILL BE SERVICES IN -TRACT. ° 24' PRIVATE ROAD AND © 12' 12' Q 30 12 12 40 i 1 24' ESMT o 15 w = w 23 12' 12' 43 ADA N APN: 50008225 ON -SITE STORM SHALL BE PRIVATE. PUBLIC UTILITY EASEMENT Z I > F- Q I Q - I 41 I LL 00 • ON -SITE SANITARY SEWER SHALL BE PRIVATE. 12' 12' ® ® LOT 1 16 0- z � 24 ® 31 32 W 44 I U) 3.32 AC wto T 9' ������ N w m L] 42 Lu BUILDING 6 � Q N BENCHMARK w �I ® I j 45 N D ELEVATIONS FOR THIS SURVEY ARE BASED ON ORANGE COUNTY PUBLIC WORKS BENCHMARK NO. 29' EXIST. I �- — I ®®®®® ® I Lo 3A-133-15, BENCHMARK BEING A 4 ALUMINUM DISK STAMPED 3A-133-15 , LOCATED IN SW LY C DRIVE 46 z N APN: 50008224 CORNER OF A 4'X15' CATCH BASIN IN THE NW'LY QUADRANT OF THE INTERSECTION OF NEWPORT ° AISLE N STREET 'A' EX. LOT LINE T U) AVENUE AND EAST MAIN STREET, 45' W'LY OF THE CENTERLINE OF NEWPORT AVENUE, 150' N'LY ° APN:50014111 MERGE OUT cn 0 I OF THE CENTERLINE OF EAST MAIN STREET, 19' S'LY OF STREET LIGHT #2096106E, IN THE CITY OF N N40'40'21"E 58.26' 40' EX. PVMT I TUSTIN, CALIFORNIA: ELEVATION 123.214 FEET (NAVD88) To:0 0 GO REEN Io a BASIS OR BEARING ° EXPR SS CAR BU LDIN 7 BUILDI G 8 BU LDI G 9 I Er' 1 Q w BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL ° WASH + ® w z z �� LOT A o w I STATIONS GPS 6525 AND GPS 6035R1 BEING NORTH 22 30 03 WEST PER RECORDS ON FILE IN THE ® Lu ® ® It 1 0 E] a APN:50008223 OFFICE OF THE ORANGE COUNTY SURVEYOR. z z M 0.07 AC m w T I ® 47 48 49 50 51 52 53 �I I 54 55 56 57 58 59 60 61 62 63 ® ® 64 65 66 67 68 69 70 71 72 73 C2 �,� z ® Z J z �� LEGAL DESCRIPTION `° _ Q N I .�o°° PER COMMITMENT FOR TITLE INSURANCE ORDER NO. NCS-1209745-SA1 DATED FEBRUARY 20, E (° �° I 2024, PREPARED BY FIRST AMERICAN TITLE COMPANY, THE SUBJECT PROPERTY IS DESCRIBED AS 0 S40'40'21 "W 554.47' S40'40'22"W 31.28'- Q Liio °' co —w FOLLOWS: N � w w o , 0 � - m 1 - 1 -- - - THE LAND REFERRED TO HEREIN BELOW IS A FEE AS TO PARCEL B AND PARCEL 1 OF PARCEL A, O — _ — AND AN EASEMENT AS TO PARCELS 2, 3, AND 4 OF PARCEL A, AND IS SITUATED IN THE CITY OF ZLo _ I `�'� _ I TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: o U _ -� o SIGHT TRIANGLE PARCEL A: E I o w — RED HIL PARCEL 1: S40'40'21 "W'660.75' w PARCEL 2 OF PARCEL MAP, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, _ AS PER MAP FILED IN BOOK 52, PAGE 36 OF PARCEL MAP RECORDS OF SAID COUNTY. co Ln �� N C., o PARCEL 2: 0 0 a o Ln A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED 3 L T - -- - , =� TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936PAGE 835 OF OFFICIAL Q Q ®o� ® y o o o ° ® C3 o ® RECORDS AND DESCRIBED AS IN, ON AND OVER THE SOUTHWESTERLY , 15.00 FEET OF THE 3 o o e o 0 0 0 �� o= o o c o 0 0 0 _ o 0 o c= o SOUTHEASTERLY QUARTER OF THE NORTHEASTERLY HALF OF LOT 31 ON BLOCK 12 OF THE ° INTERSECTION TO BE SIGNALIZED ° IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF o > APN:50002204 APN:50002212 PN:50002211 APN:50002207 MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. LEGEND ____ PARCEL3: N PROJECT BOUNDARY ° C II ® ° Q PROPOSED LOT LINES A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED Q TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936, PAGE 837 OF OFFICIAL PROPOSED EASEMENT RECORDS AND DESCRIBED AS IN, ON AND OVER THE NORTHEASTERLY 15.00 FOOT OF THE > EXISTING CENTERLINE - SOUTHEASTERLY 200.00 FEET OF THE SOUTHWESTERLY (SEE NOTE BELOW) ONE HALF OF LOT 31 o EXIST. RIGHT OF WAY IN BLOCK 12 OF THE IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE EXIST. PARCEL LINE �^` 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. 0 EXIST. EASEMENT - - - - - - - - (NOTE: COMMITMENT FOR TITLE INSURANCE AND VESTING GRANT DEED INCORRECTLY USE j PROP. FACE OF CURB o R Bu IL�ING "SOUTHEASTERLY" WHERE "SOUTHWESTERLY" IN UNDERLINED ABOVE) EXIST. FACE OF CURB RW 60' RCS --� PARCEL4: PROP. TRANSFORMER ❑ FC EX. RW O 5' 6' - 9' 3' 42' 42' 7' �y A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED ID c - PARKING B FFE TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936, PAGE 841 OF OFFICIAL a) c 6' 11' 5.0' 5.0' 10'11' 6' THRU LANE THRU LANE CONDOMINIUM UNIT NUMBER BIKE 10' 10' THRU THRU 10, THRU LANE �—THRU-jBIKE RECORDS AND DESCRIBED AS IN, ON AND OVER THE NORTHEASTERLY 15.00 FEET OF THEGRAPHIC SCALE IN FEET2 20% LANE LANE LANE LANELANE P�6� 0 15 30 60 NORTHWESTERLY 150.00 OF THE SOUTHEASTERLY 350.00 FEET SOUTHWESTERLY HALF OF LOT 31 Qr --- z.o% IN BLOCK 12 OF THE IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. _ PROP PVMT EXISTING ASPHALT RAISED MEDIAN PER RHASP EXISTING ASPHALT C7 EX SWLK VALLEY GUTTER PARCEL B: ° PARKING BAYS RED HILL AVE. - ARTERIAL- - TYPICAL- SECTION(WITH PARKING VERT CURB N.T.S. EX 6" C&G CLASSIFICATION: MAJOR ARTERIAL c SWLK PARCEL 1, AS PER FILED IN BOOK 52, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY Q RECORDER OF THE COUNTY ORANGE, STATE OF CALIFORNIA. rn o PROP FACE APN: 500-141-10 AND 500-141-09 cD 0 OF BUILDING FACE OF BUILDING EN c RW ROAD PROJECT 60' FACE OF BUILDING ROAD FACE OF BUILDING BOUNDARY 40' EXISTING PAVEMENT EX. RW FLOOD NOTE Q FC C EX. RW 24' PRIVATE ROAD, ROAD U 0 0 5' 6' 12' 42' 42' 7' EMERGENCY VEHICLE, AND PUBLIC UTILITY EASEMENT 20' FC TO 20' FC TO PER FEMA FLOOD INSURANCE RATE MAP NO. 06059CO277J WITH AN EFFECTIVE DATE OF -i � 6' 11' 5.0' 5.0' 10' 11' s' 10.0' 10.0' 10.0' 10.0' DECEMBER 3, 2009, THE SUBJECT PROPERTY IS WITHIN "ZONE X", (AREAS OF 2.0% ANNUAL 10' 10' �— 10' 3' 12' BC TO 12' BC TO 3' 8'-10' 4' 9' 10' 4' o -- THRU LANE THRU BIKE THRU THRU THRU THRU ��� CHANCE FLOOD; AREAS OF 1 /o ANNUAL CHANCE FLOOS WITH AVERAGE DEPTHS LESS THAN ONE 3 ° BIKE LANE �aNE LANE LANE ��� „� - _ _ _ LANE LANE LANE LANE _ _ _ _ - FOOT OR WITH DRAINAGE AREAS LESS THAN ONE SQUARE MILE- AND AREAS PROTECTED BY ZTING � T/`-EX 6" C&B _ - �Fs LEVEES FROM 1/o ANNUAL CHANCE FLOOD). FLUSH CURB FLUSH CURB EX SWLKPROP PVMT EXISTING ASPHALT RAISED MEDIAN PER RHASP EASPHALT FS E EX SWLK PROP PVMT 2' EX PVMT EX 6" C&B ° PROP 8 C&G PROP PVMT TO REMAIN c E RED HILL AVE. ARTERIAL TYPICAL SECTION (NO PARKING INTERIOR STREETS - TYPICAL SECTION SAN JUAN ST ARTERIAL - TYPICAL SECTION LANDSCAPING SWLK N.T.S. EX 6" C&G N.T.S. N.T.S. •� CLASSIFICATION: MAJOR ARTERIAL CLASSIFICATION: MINOR ARTERIAL 0 ~ CITY OF TUSTIN PRELIMINARY GRADING AND UTILITY PLAN a� L Q N L0 N O N L Q D 0 II 0) CD z_ 0 NQ L.L 0 w elf C� / II II c a� 0 Q c� a� c� I rn E N rn w 0 I cy / a� E II c (7) c II 0 U C O _o U 0 Q 0 F 0 T N E Y 0 T 0 0 0 _o U O U Q 0 E 0 i T E Y T C O O Q 0 0 0 N 0 0 0 0 E 0 0 0 U C O Q 2 0 0 Q Q 0 3 3 0 U 0 0 a Q U U Q N 0 T C O U N 0 c E c 0 C7 c Q c 0 Q U 0 O U 0 0 ;= E U O APN: 50014119 EX. POWER POLES AND OVERHEAD LINES TO BE UNDERGROUNDED 0 APN: 50014111 ul r i I EX. POWER POLES AND OVERHEAD LINES TO BE UNDERGROUNDED W FACE OF BUILDING EX. TREE TO -BE -REMOVED (TYP) APN: 50002204 (�pl z� 3' 12'BCTO12'BCTO� (±2.0%)� �(±2.0%) C ' PROP. FLUSH CURB- 3 FACE OF BUILDING 3' oi C) �w N �O 0 INTERSECTION TO BE SIGNALIZED MAP PROP. PVMT 5 TO T 6 To \-PROP. FLUSH CURB PROP. 8" WATER LINE O SEWER LINE PROP. PVMT PROP. 8" SANITARY PROP. STORM DRAIN LINE CTER OR STREETS TYP CAL- SECTOR N.T.S. PROP. 6" C&B PROP. PVMT TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES APN�500022 =I I— I_.-r .,,A, - - SEWER LINE OPERATED BY OC SANITATION. UILDI' -- FAC- -)F BUILDING P. FLUSH CURB ,N, l . PVMT PROP. 8 WATER LINE 0 PROP. STORM O PROP. 8" SANITARY DRAIN LINE SEWER LINE RTER OR STREETS TYP CAE SECTOR 3' 12'BCTO� ROAD APN: 50014107 12.0' 21' FC TO (� 9.0' 5' PARALLEL PARKING (±2.0%)� I �(±2.0%) a PROP. FLUSH CURB 6' To 5' To (-L7 Q—PROP. 8" WATER LINE PROP. PVMT � O PROP. 8" SANITARY L--- SEWER LINE RTER OR STREETS TYP CAL SECT OR N.T.S. N.T.S. LEGEND PROJECT BOUNDARY PROPOSED LOT LINES EXIST. CENTERLINE - EXIST. RIGHT OF WAY BP: 33+15.28 PROPOSED EASEMENT EXIST. EASEMENT - - - - - - - - EXIST. PARCEL LINE PROP. FACE OF CURB EXIST. FACE OF CURB PROP. WATER LINE PROP. SEWER LINE APN:50008201 PROP. STORM LINE PROP. FIRE HYDRANT EXIST. SEWER LINE EXIST. WATER LINE EXIST. GAS LINE o EXIST. STORM LINE M LOT NUMBER LABEL X❑ APN:50008202 PAD NUMBER LABEL lxxxi PROP. MANHOLE G CATCH BASIN o EXIST. CONTOUR PROP. CONTOUR LABEL XXX APN: 50008225 PROP. TRANSFORMER WQMP STORAGE CHAMBERS o 0 APN:50008224 PROPOSED TRAFFIC SIGNALS M / TO FC ABBREVIATIONS EX. 8" SS LINES OPERATED BY EOCWD. 36+66.00 PROJECT BOUNDARY PROP. 6" C&B -PROP. PVMT APN: 50008223 FH FIRE HYDRANT PROP PROPOSED MWS MODULAR WETLAND STRUCTURE TYP TYPICAL CENTERLINE HP HIGH POINT LP LOW POINT FS FINISHED SURFACE PE PAD ELEVATION RET RETAINING WALL EX. EXISTING GB GRADE BREAK ASSESSOR'S PARCEL NO APNS: 50014110, 50014109 ESTIMATED EARTHWORK QUANTITIES CUT: 2,400 CY FILL: 3,100 CY NET: 700 CY (FILL) NOTE: THE EARTHWORK QUANTITIES ABOVE ARE FOR PERMIT PURPOSES ONLY. THE CONTRACTOR IS NOT AUTHORIZED TO USE THE ESTIMATES HEREIN FOR BIDDING AND CONSTRUCTION PURPOSES WITHOUT THE EXPLICIT WRITTEN PERMISSION OF THE ENGINEER OF RECORD. NO REPRESENTATIONS OF SUCH QUANTITIES OR A BALANCED SITE CONDITION ARE MADE BY THE ENGINEER OF RECORD. UNLESS EXPLICITLY STATED OTHERWISE HEREIN, THE ABOVE QUANTITIES ARE APPROXIMATE, IN PLACE VOLUMES CALCULATED FROM THE EXISTING GROUND TO THE PROPOSED FINISHED GRADE. EXISTING GROUND IS DEFINED BY THE CONTOURS AND SPOT GRADES ON THE BASE SURVEY. PROPOSED FINISHED GRADE IS DEFINED AS THE FINAL GRADE AS INDICATED ON THE GRADING PLAN(S) AS FINISHED GROUND, FINISHED SURFACE, AND FINISHED FLOOR ELEVATIONS. UNLESS EXPLICITLY STATED OTHERWISE HEREIN, THE ABOVE GRADING QUANTITIES HAVE NOT BEEN FACTORED TO ACCOUNT FOR CHANGES IN VOLUME DUE TO BULKING, CLEARING AND GRUBBING, SHRINKAGE, SUBSIDENCE, OVER -EXCAVATION AND RE -COMPACTION, AND CONSTRUCTION METHODS. NOR DO THEY ACCOUNT FOR THE THICKNESS OF PAVEMENT SECTIONS, STORMWATER QUALITY MEDIA SECTIONS, UTILITY PIPES, TRENCHING AND BEDDING MATERIALS, BUILDING OR WALL FOOTINGS, BUILDING SLAB THICKNESSES AND UNDERLYING BASE OR SAND LAYERS, REUSE OF PULVERIZED MATERIALS THAT WILL UNDERLIE NEW PAVEMENTS, ETC. ANY OVEREXCAVATION AND RECOMPACTION DEPTHS AND VOLUMES, SHRINKAGE FACTORS, PAVEMENT SECTIONS, BUILDING PAD SECTIONS, AND BULKING FACTORS ARE BASED ON A SEPARATE GEOTECHNICAL REPORT. ANY BUILDING SLAB THICKNESSES ARE BASED ON THE SEPARATE BUILDING STRUCTURAL ENGINEERING PLANS. ANY UTILITY, STORMWATER MITIGATION, AND FOOTING SPOILS ARE BASED ON ESTIMATES PROVIDED BY THE OWNER OR CONTRACTOR. UTILITY PROVIDERS WATER: TUSTIN WATER DEPARTMENT SEWER: ORANGE COUNTY SANITATION DISTRICT & EAST ORANGE COUNTY SANITATION DISTRICT STORMWATER: CITY OF TUSTIN ELECTRICITY: SOCAL EDISION GAS: SOCAL GAS TELECOM: AT&T / COX COMMUNICATION *NOTE: • ON -SITE WATER SHALL BE PRIVATE. • ALL UNITS TO HAVE SEWER AND WATER SERVICES INDIVIDUALLY. • BUILDING 6 (UNITS 43-46) WILL HAVE WATER AND SERVICE DIRECTLY FROM SAN JUAN ST., ALL OTHER UNITS WILL BE SERVICES IN -TRACT. • ON -SITE STORM SHALL BE PRIVATE. �y • ON -SITE SANITARY SEWER SHALL BE PRIVATE. GRAPHIC SCALE IN FEET 0 15 30 60 CITY OF TUSTIN PRELIMINARY PARKING AND CIRCULATION PLAN TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES LEGEND PROJECT BOUNDARY PROPOSED LOT LINES PROPOSED EASEMENT EXISTING CENTERLINE TUSTIN HIGH EXIST. RIGHT OF WAY SCHOOL EXIST. PARCEL LINE EXIST. EASEMENT PROP. FACE OF CURB f9 EXIST. FACE OF CURB FIRE HYDR jElr N z o Y ARKIN a, , FIRE HYDRANT, NO PARKIN PROP. FIRE HYDRANT 15' ER SI E (TYP) Q 22 15' EITHER SIDE (TYP) \ '� r I CONDOMINIUM UNIT NUMBER-01 AC COMPRESSOR X U-HAUL MOVING & STORAGE GO GREEN EXPRESS CAF WASH Icc E 0 INTERSECTION TO BE SIGNALIZED 20 ti GRAPHIC SCALE IN FEET 0 15 30 60 PROPOSED ON -SITE STREET PARKING COUNT PROPOSED OFFSITE STREET PARKING COUNT PROPOSED TRAFFIC SIGNALS —' PARKING SUMMARY GARAGE PARKING (2 PER UNIT) 146 TOTAL STANDARD STREET PARKING ON —SITE 16 ADA ON —SITE STREET PARKING 2 TOTAL ON —SITE PARKING 164 OFFSITE STREET PARKING (REDHILL) 13 TOTAL PROJECT PARKING 177 FIRE TRUCK TURNING CLEARANCE DETAIL N.T.S. ATTACHMENT D EXHIBIT C (hyperlink): ADDENDUM TO THE RED HILL AVENUE SPECIFIC PLAN EIR WITH TECHNICAL APPENDICES, INCLUDING MMRP Full link: https://www.tustinca.org/DocumentCenter/View/17924 ATTACHMENT E RESOLUTION NO. 4527 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1566, APPROVING DEVELOPMENT AGREEMENT (DA) 2024-0004 BETWEEN THE CITY OF TUSTIN, CALIFORNIA, AND MERITAGE HOMES OF CALIFORNIA, INC. TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING FOUR AFFORDABLE HOUSING UNITS FOR VERY -LOW INCOME HOUSEHOLDS, A PUBLIC AMENITY SPACE INCLUDING PUBLIC ART AND GATEWAY SIGNAGE AT THE CORNER OF RED HILL AVENUE AND SAN JUAN, ON -STREET PUBLIC PARKING BAYS ALONG RED HILL AVENUE, A NEW TRAFFIC SIGNAL, AND ASSOCIATED OFF -SITE IMPROVEMENTS FOR A NEW RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE 73 RESIDENTIAL CONDOMINIUM UNITS, INCLUDING FOUR (4) AFFORDABLE UNITS, ON APPROXIMATELY 3.39 ACRES AT 13751 AND 13841 RED HILL AVENUE The Planning Commission of the City of Tustin, California does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That on September 7, 2021 the City of Tustin approved Development Agreement (DA) 2021-001 with Space-IAG-1, LLC for the development of a mixed -use development consisting of 137 residential apartment units and 7,000 square feet of commercial space (Red Hill Mixed Use Project). The Red Hill Mixed Use Project (previously entitled project) included a DR-2021-002 DA 2021-001, SUB 2021-001/ Vesting TTM 17822, and Density Bonus Law Concession and Waiver Requests. That on March 6, 2025, the City received a formal request from Craig Swanson of the Space-IAG-1, LLC to withdraw and voluntarily terminate the Vesting TTM 17822, DA 2021-001 and Master Sign Plan. The request provides that the voluntary termination is contingent upon obtaining all required discretionary approvals for the newly proposed Compass at Red Hill Project (proposed project). That Section 9615 of the Tustin City Code provides for amendments or cancellation in whole or in part to a development agreement upon adoption of an ordinance and mutual consent of all parties to the development agreement. Resolution No. 4527 Page 2 B. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Meritage Homes of California, Inc. for a Residential Allocation Reservation (RAR) 2025-0001, Design Review (DR) 2024-0014, Development Agreement (DA) 2024-0004, Subdivision (SUB) 2024-0005/ Tentative Tract Map (TTM) No. 19361, and Density Bonus Requests with the provisions of five percent of units identified as very -low income housing with a request for density bonus of twenty (20) percent (61 base units, plus 12 density bonus units); one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed - Use); and use of State Density Bonus Law parking standards; to construct a new, residential condominium development project that would include seventy-three (73) residential condominium units in nine (9) buildings, including four (4) affordable units, on approximately 3.39 acres. The project would also include an enclosed, two -car garage and private open space for each dwelling unit, a total of 18 guest surface parking spaces, common open space areas, landscaping, and an approximately 3,200 square foot (SF) public amenity space including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street. The project is located at 13751 and 13841 Red Hill Avenue within the Red Hill Avenue Specific Plan (RHASP, SP- 13). C. That applications for DAs shall be processed in accordance with Section and Article 9, Chapter 6, DAs, of the Tustin City Code (TCC). D. That pursuant to the RHASP Section 6.7.1 (A)(10), the developer consents to enter into a mutually agreeable Development Agreement requested by the City to ensure the voluntary provision of community public benefits, by including four (4) affordable housing units for very low-income households, an approximately 3,200 square foot public amenity space including public art and gateway signage, on -street public parking bays along Red Hill Avenue, a new traffic signal on Red Hill Avenue at the project entry, and associated off -site improvements. E. 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. F. 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 Resolution No. 4527 Page 3 in that residential and non-residential uses are permitted uses within the RHASP General Plan land use designation and the RHASP 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 69 market rate units and four (4) 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. 4. The project will not be detrimental to the health, safety and general welfare. The project will comply with the RHASP and TCC, as applicable pursuant to State Density Bonus Law, 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 four (4) Very Low Income units. 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. G. That the provisions of DA 2024-0004 are consistent with RHASP and the policies of the General Plan, as evidenced by the following findings: 1. That the project is adjacent to and surrounded by other residential and commercial uses promoting pedestrian -oriented development and a walkable community. 2. That residential uses are beneficial and compatible with adjacent uses consistent with the overall vision, goals and intent of the RHASP. 3. That the project would provide a new traffic signal and pedestrian crosswalk at the project entry, and Class II bike along the project frontage on Red Hill Avenue and to implement the City's vision for more bikeway and pedestrian access and connectivity in the Specific Plan area. Resolution No. 4527 Page 4 4. That the project would implement the goals and objectives of the RHASP by providing enhanced streetscape improvements and a public amenity space with gateway signage, new crosswalks that connect to the commercial center across the street, new sidewalks, and internal pedestrian connectivity to common open space areas. The project implements the following: a. Goal 1. Enhance streetscape, landscape, and public amenities throughout the Specific Plan area. b. Objective 1-3. Encourage a "sense of place" within the Specific Plan area through quality site design, architectural design, and public improvements. c. Goal 2. Improve visual and functional connections and linkages between Red Hill Avenue, surrounding residential neighborhoods, adjacent public and institutional uses, and Interstate 5. d. Objective 2-1. Identify ways to improve and enhance linkages and connections between new development in the Specific Plan area and surrounding neighborhoods. e. Goal 5. Improve pedestrian and bike accessibility and vehicular circulation to minimize potential conflicts between different users and improve mobility throughout the Specific Plan area and connectivity with the greater community. f. Objective 6-1. Promote the development and maintenance of adequate parking facilities commensurate with parking demand. g. Goal 8. Ensure development within the Specific Plan area is sensitive to and compatible with surrounding land uses. 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 sixty-nine (69) market -rate for sale units and four (4) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will provide four (4) Very Low Income units, on a site identified on the City's Site Inventory. That the applicant requested use of a Community Facilities District (CFD) program through the California Municipal Finance Authority (CMFA) to finance public facilities and development impact fees (DIF); and Resolution No. 4527 Page 5 That CMFA has established the Bond Opportunities for Land Development Program (the "BOLD Program") to allow the financing of certain public facilities and/or certain DIF levied by local agencies in the State to finance public facilities, through the levy of special taxes under the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"); and That the City of Tustin is currently a member of CMFA in good standing, such that only a new City Council Resolution is necessary to authorize participation in BOLD program. That on October 16, 2018, the Tustin City Council certified the Final Program Environmental Impact Report (EIR) for the Red Hill Avenue Specific Plan (RHASP) (SCH # 2017041031). K. That the City has prepared an Addendum to the Certified EIR for the Project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the Project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. L. That the Planning Commission continued the item from the April 22, 2025, meeting at the request of City staff to allow staff and the applicant additional time to finalize a few remaining technical issues. The item was continued to a date certain of May 13, 2025, and all remaining issues including the Development Agreement were resolved. M. That a public hearing was duly called, noticed, and held on said application on May 13, 2025, by the Planning Commission. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1566 approving DA 2024-0004, to accept the voluntary provision of community public benefits, by including four (4) affordable housing units for very low- income households, an approximately 3,200 square foot public amenity space including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street, on -street public parking bays along Red Hill Avenue, a new traffic signal on Red Hill Avenue at the project entry, and associated off -site improvements, relative to the construction of a new, residential condominium development at 13751 and 13841 Red Hill Avenue, as identified in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13t" day of May 2025. Resolution No. 4527 Page 6 TANNER DOUTHIT Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: DA 2024-0004 Exhibit B: Draft Ordinance No. 1566 APPROVED AS TO FORM: MICHAEL DAUDT Assistant City Attorney Resolution No. 4527 Page 7 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. 4527 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13t" day of May, 2025. 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 ATTACHMENT E — EXHIBIT A (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 (2024-0004) between CITY OF TUSTIN and MERITAGE HOMES OF CALIFORNIA, INC. TABLE OF CONTENTS Page 1. Definitions........................................................................................................................2 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.....................................................................................................................6 3. Development of Project.................................................................................................7 3.1 Development Regulations for the Project Approvals....................................7 3.2 Development Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals............................................................................................................. 8 3.3 Other Governmental or Quasi -Governmental Permits.................................9 3.4 No Conflicting Enactments...............................................................................9 3.5 Reservations of Authority................................................................................10 3.6 Applicable Approvals.......................................................................................12 3.7 City Acceptance of Developer Improvements and Obligations ................12 4. Public Benefits..............................................................................................................13 4.1 Provision of Public Benefits............................................................................13 4.2 Effect of Public Benefits Default....................................................................14 5. Enforcement ..................................................................................................................14 6. Annual Review of Developer's Compliance With Agreement...............................14 6.1 General..............................................................................................................14 6.2 Developer Obligation to Demonstrate Good Faith Compliance................15 6.3 Procedure..........................................................................................................15 6.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Developer's Default.........................................................15 7. Events of Default..........................................................................................................15 7.1 General Provisions...........................................................................................15 7.2 City's Remedies................................................................................................16 7.3 Developer's Remedies....................................................................................16 7.4 Waiver................................................................................................................17 7.5 Additional City Remedy for Developer's Default.........................................17 10 11 12 TABLE OF CONTENTS Page 7.6 No Personal Liability of City or Developer Officials, Employees, or Agents................................................................................................................17 7.7 Recovery of Legal Expenses by Prevailing Party in Any Action...............17 ForceMajeure ...............................................................................................................17 Cooperation in the Event of Legal Challenge..........................................................18 9.1 Indemnity Arising From Acts or Omissions of Developer ..........................18 9.2 Third Party Litigation........................................................................................18 9.3 Environmental Indemnity................................................................................20 9.4 Labor Laws........................................................................................................20 Assignment....................................................................................................................20 10.1 Right to Transfers.............................................................................................20 10.2 Transfers Permitted Without City Consent...................................................21 10.3 City Consideration of Requested Assignment.............................................21 10.4 City Approval of Transferee............................................................................21 10.5 Assignment and Assumption Agreement.....................................................21 10.6 Liability of Transferor and Transferee...........................................................22 MortgageeRights.........................................................................................................22 11.1 Encumbrances on Property............................................................................22 11.2 Mortgagee Protection......................................................................................22 11.3 Mortgagee Not Obligated................................................................................22 11.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure....................23 Miscellaneous Terms...................................................................................................23 12.1 Notices...............................................................................................................23 12.2 Project as Private Undertaking......................................................................24 12.3 Cooperation.......................................................................................................24 12.4 Estoppel Certificates........................................................................................24 12.5 Rules of Construction......................................................................................25 12.6 Time Is of the Essence....................................................................................25 12.7 Waiver................................................................................................................25 12.8 Counterparts.....................................................................................................25 12.9 Entire Agreement.............................................................................................25 12.10 Severability........................................................................................................25 TABLE OF CONTENTS Page 12.11 Developer Deposit............................................................................................25 12.12 Construction......................................................................................................26 12.13 Successors and Assigns; Constructive Notice and Acceptance ..............26 12.14 No Third Party Beneficiaries...........................................................................27 12.15 Applicable Law and Venue.............................................................................27 12.16 Section Headings.............................................................................................27 12.17 Incorporation of Recitals and Exhibits..........................................................27 12.18 Recordation.......................................................................................................27 12.19 Administrative Amendments...........................................................................28 12.20 Authority to Execute.........................................................................................28 EXHIBITS Exhibit A Legal Description of Property Exhibit B Site Plan Exhibit C On Street Parking/Off-site Improvement Conceptual Plan Exhibit D Public Amenity Space Conceptual Plan Exhibit E Assignment and Assumption Agreement DEVELOPMENT AGREEMENT (2024-0004) (Pursuant to California Government Code sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the -th day of , 2025, and is being entered into by and between the CITY OF TUSTIN, a municipal corporation ("City"), and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation ("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 3.389 aces located in the City of Tustin, County of Orange, State of California, located at 13751 and 13841 Red Hill Avenue in the Red Hill Avenue Specific Plan (RHASP) (APN # 500-141-09 & 500-141-10) as legally described on Exhibit A and depicted on Exhibit B attached to this Agreement (the "Property"). The Property is owned by Space-IAG-I, LLC, a Delaware limited liability company ("Space"), and Developer is in escrow to acquire the Property from Space. B. Developer is proposing to develop the Property as a residential townhome development with 73 residential units (as further defined in Section 1 below, the "Project"). C. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Sections 65864 et seq., of the California Government Code. The Development Agreement Statute authorizes the City to enter into development agreements with persons or entities having legal or equitable interests in real property to establish predictability for both City and the property owner in the development process. 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. F. The following land use entitlements and agreements for the Project are being adopted and approved by the City Council concurrently with its approval of this Agreement ("Applicable Approvals"): (1) Final Approval of Residential Allocation Reservation (RAR) 2025-0001, (61 base residential units). (2) Design Review (DR) 2024-0014. (3) Development Agreement (DA) 2024-0004. (4) Subdivision (SUB) 2024-0005/Tentative Tract Map (TTM) No.19361. (5) Density Bonus request with five (5) percent of units identified as very -low income housing; one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); Twenty percent (20%) density bonus (12 units); (6) Senate Bill 330 Preliminary Application (PR) 2024-0002. G. City has determined that this Agreement and the Project are 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. 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. H. On , 2025, City's Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. I. On , 2025, 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. On , 2025, consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the City Council adopted its 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: 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 7.7 of this Agreement. "Affordable Units" means residential units affordable to very low income households to be sold by Owner pursuant to Section 4.1.7 below. 2 "Adopting Ordinance" shall have the meaning ascribed in Recital I of this Agreement. "Agreement" shall mean this Development Agreement. "Agreement Date" shall mean the date this Agreement is recorded in the Office of the Orange County Recorder. "Applicable Approvals" shall have the meaning ascribed in Recital F of this Agreement. "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. "Cam" 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. "City Council" shall mean the governing body of the City of Tustin. "City's Affiliated Parties" shall have the meaning ascribed in Section 9.1 of this Agreement. "Claim" shall have the meaning ascribed in Section 9.1 of this Agreement. "Cure Period" shall have the meaning ascribed in Section 7.1 of this Agreement. "Damages" shall have the meaning ascribed in Section 7.3 of this Agreement. "Default" shall have the meaning ascribed to that term in Section 7.1 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 Meritage Homes of California, Inc., and any successor or assignee to all or any portion of the right, title, and interest of the Project. "Development Agreement Ordinance" shall mean 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 Exactions" shall mean the requirement of City in connection with or pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the construction or installation of any public improvement or facility, or the payment of any fee or charge in order to lessen, offset, mitigate, or compensate for the impacts of development of the 3 Project on the environment or other public interests, except as specifically excluded from such definition pursuant to Section 3.5.4. "Development Limitation" shall have the meaning ascribed in Section 2.3.3. "Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Agreement 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 Agreement Date. "Development Regulations" shall mean the following regulations as they are in effect as of the Effective 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 Red Hill Avenue Specific Plan and the Tustin City Code dealing with buildings and construction, subdivisions and inclusionary housing, 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 mean the later of the following two dates: (i) thirty (30) days after the date the Adopting Ordinance is approved by the City Council; or (ii) the date Developer acquires fee titled ownership of the Property. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. "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 seq., 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 seq., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq., 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 seq., as amended; the Occupational Safety 4 and Health Act, 29 U.S.C. Sections 651 et seq., as amended; and California Health and Safety Code Section 25100, et seg. "General Plan" shall mean City's General Plan in effect on the Effective 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 7.1 of this Agreement. "Party" or "Parties" shall mean either City or Developer or both, as determined by the context. "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, the Applicable Approvals, 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. "Subsequent Development 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 Effective 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 Agreement 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 Agreement 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 10.1 of this Agreement. 5 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. For avoidance of doubt, the permitted uses on the Property are residential and ancillary residential uses in connection with such uses as described by the Applicable Approvals. 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 Developer has an equitable interest to acquire fee simple title to the Property as of the Effective Date; (ii) if 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 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 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 Term. 2.3.1 The term of this Agreement (the "Term") shall commence on the Effective Date and shall extend until the Termination Date (as defined below). 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 any right or duty emanating from the Applicable Approvals or any Subsequent Development Approvals. 2.3.2 The "Termination Date" shall be the earliest of the following dates: (i) the fifth (5th) anniversary of the Effective Date, which may be extended pursuant to Sections 2.3.3 or 2.3.4; (ii) the date of termination of this Agreement by the City in accordance with Article7 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; (iii) 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 Development Exactions, 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; (iv) 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 (v) the date of adoption of a referendum measure overriding or repealing the Adopting Ordinance that is not subject to further appeal. 2.3.3 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 ("Development Limitation") during the Term, the Parties understand and agree that various third parties may take action causing a de facto Development Limitation. Consequently, the Term and the obligations imposed pursuant to this Agreement and the expiration date of all Applicable Approvals shall be extended day for day for any delay arising from or related to 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. 2.3.4 Unless otherwise agreed by the City Council in its sole discretion, the maximum Term of this Agreement shall be five (5) years from the Effective Date, subject to (i) any tolling(s) of the Term pursuant to Section 2.3.3 of the Agreement; or (ii) the issuance of one five (5) year mandatory automatic extension of the Term if Developer has pulled the twenty fifth (25tn) building permit for the Project prior to the expiration of the Term and Developer is not in breach under the terms of the Agreement. 2.3.5 Notwithstanding any provision to the contrary herein, in the event that, for any reason whatsoever, Developer fails to acquire fee simple title to the Property ("Fee Title") within 210 days following the date the Adopting Ordinance is approved ("Fee Title Deadline.'), Developer or City may elect, in each Party's sole and absolute discretion, and upon written notice to the other Party within sixty (60) days following the Fee Title Deadline, to terminate this Agreement and the Applicable Approvals. Effective upon such termination by either Party, this Agreement and the Applicable Approvals shall be of no further force or effect. If such termination occurs, the parties agree that all "applicable approvals" which were obtained by Space in connection with its project on the Property, shall automatically be reinstated. Notwithstanding the foregoing, any such reinstatement shall not extend the original term of the Applicable Approvals. 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 approval of RAR 2025-0001 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 Tentative Tract Map ("TTM"). 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 8. Other time extensions may be considered at the discretion of the City Community Development Director ("Director"), not to be unreasonably withheld, conditioned, or delayed. Developer's precise grading permit application shall comply with all requirements specified in City Code section 8909. The allocation of the 61 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 7 equivalent extension of time to use its RAR. If the City rescinds the code provision of 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 Development Approvals expeditiously, and within the time provided by Government Code section 65913.3. City shall prioritize the processing of all Subsequent Development 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 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 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 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. Notwithstanding the foregoing, due to Developer's submission of a preliminary application, which was deemed complete, pursuant to Government Code sections 65895.5 and 65941.1, the Development Impact Fees applicable to the Project are those Development Impact Fees, in both fee category and rate, which were in place the date Developer submitted its preliminary application, and these Development Impact Fees shall remain in effect throughout the Term. 3.2 Development Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals. 3.2.1 Other than as expressly set forth in this Agreement, during the Term of this Agreement, (i) Developer shall have the vested right to Develop the Project on and with respect to the Property in accordance with the terms of the Development Regulations, the Applicable Approvals and this Agreement and (ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein is intended to limit or restrict City's discretion with respect to (i) review and approval requirements contained in the Development Regulations, (ii) exercise of any discretionary authority City retains under the Development Regulations, (iii) the approval, conditional approval, or denial of any Subsequent Development Approvals that are required for Development of the Project as of the Effective Date, or (iv) any environmental approvals that may be required under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions referred to in clauses (i)-(iv) of this sentence, City reserves its full discretion to the same extent City would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Developer's rights with respect to any laws, regulations, rules, or official policies of any other governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the provisions set forth in this Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the date on which the City Council approves the Adopting Ordinance. Concerning any denials of any Subsequent Development Approvals, the City shall base such denials solely upon an application of the Development Regulations, the Applicable Approvals or this Agreement. 3.2.2 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. 3.2.3 Developer may apply to City for permits or approvals necessary to modify or amend the Development specified in the Development Regulations, 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 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. 3.3 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. 3.4 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 3.5 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 A effective after the Agreement 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 consent judgment (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 consentjudgment 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, the Applicable Approvals and the Development Regulations, notwithstanding adoption by City's electorate of an initiative to the contrary after the Agreement 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. 3.5 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 3.5 shall apply to and govern the Development of the Project on and with respect to the Property. 3.5.1 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. 3.5.2 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"). 3.5.3 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. 3.5.4 Development Exactions Applicable to Property. During the Term of this Agreement, unless otherwise prohibited or limited under state law, Developer shall be required to satisfy and pay all Development Exactions at the time performance or payment is due to the same extent and in the same amount(s) that would apply to Developer and the Project in the absence 10 of this Agreement; provided, however, that to the extent the scope and extent of a particular Development Exaction for the Project has been established and fixed by City in this Agreement or the conditions of approval for any of the Applicable Approvals or Development Regulations approved on or before the Effective Date, the City shall not alter, increase, or modify said Development Exaction in a manner that is inconsistent with this Agreement or such conditions of approval for any of the Applicable Approvals or such Development Regulations without Developer's prior written consent or as may be otherwise required pursuant to overriding federal or state laws or regulations (Section 3.5.5 hereinbelow). Notwithstanding any other provision of this Agreement, nothing in this Agreement is intended or shall be deemed to vest Developer against the obligation to pay any of the following (which are specifically excluded from the definition of "Development Exactions") in the full amount that would apply in the absence of this Agreement: (i) City's normal fees for processing, environmental assessment and review, tentative tract and parcel map review, plan checking, site review and approval, administrative review, building permit, grading permit, inspection, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting project applications, plans, and specifications; (ii) fees and charges levied by any other public agency, utility, district, or joint powers authority, regardless of whether City collects those fees and charges; or (iii) community facility district special taxes or special district assessments or similar assessments, business license fees, bonds or other security required for public improvements, transient occupancy taxes, sales taxes, property taxes, sewer lateral connection fees, water service connection fees, new water meter fees, park fees and the New Construction Tax (as described in Section 2601 of the Tustin City Code.) 3.5.5 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 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. 3.5.6 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, based upon objective identified written health or safety standards, policies or conditions as they existed on the Effective Date, shall apply to the Property, even though the application of the 11 ordinance, resolution, rule regulation, program, or official policy would result in the impairment of Developer's vested rights under this Agreement. 3.5.7 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. 3.5.8 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 of Tustin as and when service connections are provided and service commences). 3.6 Applicable Approvals. 3.6.1 Subdivision Map. Pursuant to Government Code Section 66452.6 and any other applicable provisions of the Government Code, the term of the TTM and any other subdivision or parcel map that is approved for all or any portion of the Property shall be extended 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. 3.6.2 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. 3.6.3 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. 3.7 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 promptly 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. 12 3.8 Community Facilities District 3.8.1 Formation of the CFD 3.8.1.1 Formation. Developer shall, pursuant to the Mello Roos Act, submit a petition to the City or, alternatively, to the California Municipal Financing Authority ("CMFA') for participation in CMFA's Bond Opportunities for Land Development ("BOLD') program, or similar CFD authority and associated program, for the formation of a community facilities district, the boundaries of which shall include those of the Property ("CFD"). If the City prefers that CMFA form the CFD, City shall approve a resolution authorizing the use of the BOLD program, and Developer may submit an application for formation of a CFD through the BOLD program. The agency that forms the CFD for the Property, shall be referred to in this Section 3.8 as the "Issuer." If City is the Issuer, City shall initiate the CFD formation process promptly following submission of Developer's petition and compliance with Section 53318(d) of the Mello -Roos Act, and shall use good faith, diligent efforts to timely form the CFD. Developer agrees to cooperate in the formation and agrees to vote in favor of the formation of the CFD for which it has petitioned. If CMFA, or similar CFD authority is the Issuer, City agrees to cooperate and participate, as needed, with Developer and CMFA, or similar CFD authority, in the formation of the CFD, including providing its consent and approval of a joint community facilities agreement ("JCFA") with CMFA. 3.8.1.2 Authorized Uses. The CFD shall be authorized to finance (i) public infrastructure required to be constructed under the Development Agreement, including without exception, public streets, highways, and bridges, and other related improvements such as grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway landscaping related thereto, water facilities, storm drain facilities, sewer facilities, public parks, landscaping, electrical facilities, (collectively, "Authorized Facilities"), and (ii) Development Impact Fees. 3.8.1.3 Joint Community Facilities Agreements. In addition to the JCFA described above, the Issuer may enter into a JCFA with another Governmental Entity that will own or operate any of the Authorized Facilities. If the City is the Issuer, the City and Developer agree that to the extent required for compliance with the Mello Roos Act, they will each take all steps reasonably necessary to procure the authorization and execution of any such JCFA with any such Governmental Entity before the issuance of any CFD Bonds (as defined below) that will finance Authorized Facilities that will be owned or operated by such Governmental Entity. The City and Developer do not currently anticipate that any of the Authorized Facilities will be owned by a Governmental Entity other than the City. 3.8.1.4 Notice of Special Tax Lien. Special Taxes shall be secured by recordation in the Official Records of the County of Orange of a continuing lien against the Property. 3.8.1.5 RMA. Developer and the Issuer shall cooperate in developing the rate method and apportionment of Special Taxes for the CFD ("RMA") and each shall use good -faith reasonable efforts at all times to furnish timely to the other, or to obtain and then furnish timely to the other, any information reasonably necessary to develop the RMA. The RMA shall provide, in part, (i) for the levy of a special tax ("Special Tax") in an amount requested by Developer, provided that the total effective property tax rates for residential units to be built on the Property do not exceed 2% of the estimated value of such units, (iii) that the Special Tax may increase annually by up to 2%, commencing July 1 following the fiscal year commencement of the levy, and continuing each fiscal year thereafter, (iv) the levying of Special Taxes to accumulate funds 13 to pay directly for acquisition or construction of Authorized Facilities before CFD Bonds have been issued, and at the discretion of the Issuer, following the issuance of CFD Bonds and after bond debt service has been paid, and (v) the prepayment in full, or in part, of the Special Taxes. 3.8.2 Issuance of CFD Bonds 3.8.2.1 Issuance. Upon the request of the Developer to have bonds secured by the levy of Special Taxes ("CFD Bonds") issued, the City shall cooperate with the Developer and Issuer in any such issuance. If the City is the Issuer, promptly following Developer's request, Developer and the City shall meet with the City and its public financing consultants to determine the reasonable and appropriate issuance date and the amount of the issuance, and thereafter, use good faith, diligent efforts to timely have the CFD Bonds issued, including the scheduling of necessary public hearings and/or City Council approvals related thereto. If CMFA is the Issuer, the City agrees to cooperate in the process and agrees that under no circumstances will it hinder or prevent the issuance of the CFD Bonds. In connection with CFD Bonds, the Parties agree to the following: 3.8.2.2 Value -to -Lien Ratio. The appraised or assessed value -to -lien ratio required for the issuance of CFD the Developer and Issuer. Bonds shall be three to one (3:1), or otherwise approved by 3.8.2.3 Coverage Ratio. The CFD Bonds shall have a debt service coverage - ratio of one hundred ten percent (110%), unless otherwise approved by the Developer and the Issuer. 3.8.2.4 Term. The CFD Bonds shall have a term of not less than thirty (30) years and not more than forty (40) years, unless otherwise approved by the Developer and Issuer. 3.8.2.5 Credit Enhancement. The City shall not require the Developer to provide a letter of credit or other credit enhancement as security for the payment of Special Taxes in the CFD in connection with the issuance of CFD Bonds, or otherwise. 3.8.3 Acquisition Agreement. Prior to, or contemporaneously with, the approval of a resolution to issue the CFD Bonds, Developer and the Issuer shall enter into an Acquisition Agreement that shall apply to the acquisition and construction of the Authorized Facilities and reimbursement of Fees and have such agreement brought before City Council for approval. 3.8.4 Citv Council/Governina Board Authorization Notwithstanding the foregoing, it is acknowledged and agreed by the Parties that nothing contained in this Section 3.8 shall be construed as committing or requiring the City Council or the governing body of CMFA, if applicable, to authorize and approve the formation of the CFD and/or the issuance of the CFD Bonds. 3.8.5 No Other Land -Secured Financings. Except to the extent explicitly permitted under this Agreement, the City shall not initiate the formation of any new land -secured financing district involving the levy of special taxes or assessments on the Property. 14 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 Amenities. The Project includes an approximately 3,500 square foot public amenity space located at the southwest corner of San Juan Avenue and Red Hill Avenue that is easily accessible to the public and includes a decorative wall, seating, landscaping, and lighting, as more specifically identified on 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"). The Public Amenity Space shall be privately owned and be accessible to the public. Developer shall have the right to reasonably limit the hours the Public Amenity Space can be used by the public, and Developer shall have the right to place reasonable limitations on the uses of the Public Amenity Space. Developer shall complete construction of the Public Amenity Space prior to issuance of the seventieth (70th) building permit for the Project. Developer shall maintain, or, following formation thereof, shall cause the homeowners' association for the Project ("HOK) 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 On -Street Parking. Provision of on -street vehicular parking spaces immediately adjacent to Red Hill Avenue in front of the proposed project). Per the Red Hill Avenue Specific Plan, the ultimate condition of southbound Red Hill Avenue in front of the proposed project will comprise of the following and as conceptually depicted in Exhibit C ("On -Street Parking/Off-site Improvement Conceptual Plan"): • a ten (10) foot median, • an 11'-10'-10' travel lanes, • a nine (9) foot bike lane [including three (3) foot buffer], • a 9' on -street public parking, and • a six (6) foot sidewalk. An alternative can be negotiated based on mutual agreement with the parties and subject to review and approval by the City Engineer. 4.1.3 Design and construction of traffic signal at the intersection of Red Hill Avenue and the main project entrance including traffic signal and any equipment associated with the installation and any surface improvements associated with the new signalized intersection along the east side of Red Hill Avenue. 4.1.4 Gateway Signage. Construction and installation of gateway signage designating the corridor as the beginning of the Red Hill Avenue Specific Plan area at the southwest corner of San Juan Street and Red Hill Avenue, as identified in the RHASP. Said signage shall be subject to the review and approval by the Community Development Department. 15 4.1.5 Public Art. As addressed in Section 5.6.3 of the RHASP, Developer shall agree to provide an art program, as described herein (the "Public Art"). An art consultant, mutually selected by the parties, shall be responsible for selecting the Public Art for the Project ("Art Program Consultant"). The Art Program Consultant may use other consultants to perform Public Art. Developer and the Art Program Consultant shall use reasonable efforts to solicit input from the City regarding the selection of the Public Art. Per RHASP Section 5.6.3, Public Art shall be subject to review and approval by the Director. Developer shall provide the Public Art application/submission to the City within 270 days of the issuance of the Project's first building permit, The Parties agree to act in good faith to agree upon the Public Art. If the Director does not approve the Public Art within 90 days of submission by Developer, then Developer, at its sole option, may choose to pay the City $100,000 to be used by the City to provide public art outside the Project site. Such payment shall constitute complete compliance with this Section 4.1.4. If the Parties agree upon the Public Art, the Public Art shall be completed prior to issuance of the Project's final certificate of occupancy. 4.1.6 Park Fee Credit. Developer shall dedicate an easement, either on the Final Map of the TTM or by separate instrument, providing public access to the Public Amenity Space during typical City park hours. Due to Developer's dedication and construction of the Public Amenity Space, Developer shall receive a credit ("Park Fee Credit") against fees owed to provide parkland, as permitted by City Code section 9331, subdivision (d)(6) 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. Developer may apply the Park Fee Credit against Developer's obligation to pay the required Park Fee, which otherwise would be paid at issuance of building permit issuance. Upon dedication of the easement and completion of the Public Amenity Space, the Parties shall determine the actual amount of the Park Fee Credit, and determine what additional Park Fees, if any, will have to be paid by Developer for the remainder of the Project. 4.1.7 Affordable for Sale Units. Developer shall provide four of the 61 base units (equal to five percent of base 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 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. 4.2 Effect of Public Benefits Default. Notwithstanding any other provision of this Agreement to the contrary, if any payment under this Article 4 is not made or any obligation requiring performance is not timely performed by Developer, subject to the provisions of Section 7.1 of this Agreement, the City may withhold further issuance of building permits or other approvals, including final maps, for the Project and the Property, until such time as Developer has made the required payment or undertaken the required performance. 5. Enforcement. Unless this Agreement is amended, canceled, modified, or suspended as authorized herein or pursuant to California Government Code Section 65869.5, this Agreement shall be enforceable by either Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property. 16 6. Annual Review of Developer's Compliance With Agreement. 6.1 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, as the same may be amended from time to time. Developer (including any successor to the owner executing this Agreement on or before the Effective Date) shall pay City a reasonable fee in an amount City may reasonably establish, based upon City's actual costs, from time to time 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. 6.2 Developer Obligation to Demonstrate Good Faith Compliance. During each annual review by City, Developer is required to demonstrate good faith compliance with the 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. 6.3 Procedure. The City shall conduct its annual review of the Agreement in accordance with Tustin City Code Section 9617, as the same may be amended from time to time. 6.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Developer's Default. The annual review procedures set forth in this Article 6 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 City Code Section 9617 (as of the Effective Date) and this Article 6 shall supplement and shall not replace the provision of Article 7 of this 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 7.1. 7. Events of Default. 7.1 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"). In the event of a 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 period, the Cure Period timeframes specified in this Section 7.1 shall apply. In addition, in the case of an alleged default by Developer, Developer may appeal such Notice of Default to the City Council, which shall conduct a noticed public hearing on the Notice of Default. If the City Council denies the appeal and determines that 17 the Notice of Default was properly issued, the timeframes specified in this Section 7.1 shall apply; provided, however, that such determination shall not preclude Developer from challenging such claimed default in any Action and the City Council's determination shall not be given any special deference by the adjudicator in such Action. 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 defaulting Party shall have such additional time as is reasonably necessary to cure such Default. 7.2 City's Remedies. In the event of a Default by Developer under this Agreement that is not cured during the Cure Period, City 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) termination of this Agreement; or (3) Seeking any other remedy available at law or in equity, provided, however, except as provided in Section 7.7 below with respect to recovery of legal expenses, City agrees and covenants on behalf of itself and it 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 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, any Subsequent Development Approvals, or any permits or entitlements sought in connection with 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, to secure Developer's compliance with its obligations under this Agreement. Therefore, City agrees that Developer, 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. The limitation of Damages specified in this Section 7.2 does not preclude City from recovering from Developer all costs and expenses, including attorneys' fees, specified in Section 7.7 of this Agreement. Furthermore, City, in addition to or as an alternative to exercising the remedies in this Section 7.2, 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 IN 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). 7.3 Developer's Remedies. In the event of a Default by City under this Agreement that is not cured during the Cure Period, 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) termination of this Agreement; or (3) Seeking any other remedy available at law or in equity, provided, however, except as provided in Section 7.7 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 or monetary relief for any breach of this Agreement or arising out of or connected with any dispute, controversy or issue regarding the application or effect of this Agreement, or 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, any Subsequent Development Approvals, or any permits or entitlements sought in connection with development or use of the Property or Project, or any portion thereof. 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. The limitation of Damages specified in this Section 7.3 does not preclude Developer from recovering from City all costs and expenses, including attorneys' fees, specified in Section 7.7 of this Agreement. In addition, Developer shall have the right to sue City for monetary damages based upon an alleged breach of Section 4.1.6 of this Agreement. 7.4 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. 7.5 Additional City Remedy for Developer's Default. In the event of any Default by Developer, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications, or improvements to public property which it may have received prior to Developer's Default without recourse from Developer or its successors or assigns. 7.6 No Personal Liability of City or Developer Officials, Employees, or Agents. No City or Developer official, employee, or agent shall have any personal liability hereunder for a Default by City or Developer of any of its obligations set forth in this Agreement. 7.7 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 19 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.. 8. 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, earthquakes, other acts of God, fires, wars, riots or similar hostilities, pandemics, epidemics, strikes or other labor difficulties, state or federal regulations or court actions, action or inaction by the State or any public agency, utility, district, or joint powers authority other than City, or other similar or related items outside of such Party's reasonable control (financial inability expressly excluded). 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. 9. Cooperation in the Event of Legal Challenge 9.1 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. The indemnity provisions in this Section 9.1 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive the Termination Date. Notwithstanding the foregoing, Developer's indemnity obligations specified in this Section 9.1 regarding Developer's design, construction or dedication of public improvements shall terminate one (1) year after City accepts Developer's offer of dedication of public improvements. 9.2 Third Party Litigation. 9.2.1 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, 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. City's separate counsel's billing rates shall be identical to the rates City pays for its typical municipal litigation rates for legal challenges of the variety being defended. 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. 9.2.2 Actions Furthering the Protect 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 Development 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. Notwithstanding the foregoing, if such litigation results in an outcome which enables Development of the Project to proceed, Developer may recover any sums City owes Developer due to Developer's construction of oversized public facilities, pursuant to any reimbursement agreement entered into between the parties. 9.2.3 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. 9.2.4 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. 9.2.5 Indemnification. In addition to its indemnity obligations set forth in Section 9.1, Developer shall indemnify, defend, and hold harmless City and City's Affiliated 21 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 cooperate with Developer in an effort to minimize the total litigation expenses incurred by Developer, as more specifically stated in Section 9.2.1, including that if Developer elects not to defend any such third -party action but City wishes to undertake such defense, Developer shall have no obligation to indemnity or defend City 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. Notwithstanding the foregoing, Developer's indemnity obligations specified in this Section 9.2.5 regarding Developer's design, construction or dedication of public improvements shall terminate one (1) year after City accepts Developer's offer of dedication of public improvements. This Section 9.2.5 is intended to be interpreted consistent with Government Code section 66474.9. 9.3 Environmentallndemn In addition to its indemnity obligations set forth in Section 9.1, 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 9.3 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 9.3, "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. 9.4 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 City's Affiliated Parties 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, 22 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. 10. Assignment. 10.1 Right to Transfers. Developer shall have the right to sell and convey all or a portion of the Property and, upon approval of City, which approval shall not be unreasonably withheld, conditioned, or delayed to transfer or assign (hereinafter, a "Transfer" or "Transfers") Developer's interest in this Agreement, 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 Transferee"); provided, however, that no sale and conveyance of all or a portion of the Property 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 10.3 and 10.4. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Developer under this Agreement that are assigned to such Permitted Transferee with respect to the portion of, or interest in, the Property conveyed to such Permitted Transferee; provided, however, that in the event of a conveyance 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 of this Agreement 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 any conveyance of all or a portion of the Property, including, without limitation, conveyances to governmental entities, future residents, tenants, or a homeowners' association. 10.2 Transfers Permitted Without City Consent. Notwithstanding Section 10.1, the following Transfers of this Agreement shall not require City consent: (i) transactions for financing purposes, including as needed to secure funds necessary for Project construction, and (ii) transactions with a "Developer Affiliate," with 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 of all or any portion of this Agreement to a Developer Affiliate, Developer shall provide notice to the City in the form of the Assignment and Assumption Agreement, as defined in Section 10.5, within ten (10) days after the Transfer. 10.3 City Consideration of Requested Assignment. When consent of a Transfer of this Agreement is required, the City agrees that it will not unreasonably withhold, condition, or delay approval of a request for approval of a Transfer of this Agreement made pursuant to this Article 10 that requires City approval, provided the Developer delivers written notice to the City requesting such approval, consistent with Section 10.4. 10.4 City Approval of Transferee. Within thirty (30) days after the effective date of any proposed Transfer of this Agreement requiring City consent, Developer (as transferor) shall: 23 Notify the City, in writing, of such proposed Transfer, consistent with Section 10.3; and ii. Deliver to the City an Assignment and Assumption Agreement, as defined in Section 10.5. Within five (5) days after the receipt of Developer's written notice requesting City approval of a Transfer of this Agreement, 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 Transfer of this Agreement. If no response is received from the City with the requisite time period set for in this Section 10.4, the Transfer is deemed approved. 10.5 Assignment and Assumption Agreement. Prior to any Transfer of this Agreement (whether or not a Transfer 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 materially in the form attached hereto as Exhibit E (an "Assignment and Assumption Agreement"). 10.6 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 this Agreement Transferred and the portion of the Property conveyed in connection therewith: (i) the transferring Developer no longer has a legal or equitable interest in the portion of the Property so conveyed 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; and (iii) the transferring Developer has provided City with the Assignment and Assumption Agreement. In the case of partial Transfers of this Agreement, 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 7.1 and 7.2 against both the Developer and Permitted Transferee. 11. Mortgagee Rights. 11.1 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 with any mortgage, deed of trust or other security device securing financing with respect to the Property ("Mortgage"). Notwithstanding section 12.4, the City shall provide to any mortgagee an 24 estoppel certificate in form and content reasonably acceptable to the City within ten (10) days of written request therefor. 11.2 Mortgagee Protection. 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. 11.3 Mortgagee Not Obligated. Notwithstanding the provisions of this Section 11, 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. 11.4 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 annual 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 any 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. 12. Miscellaneous Terms. 12.1 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; or delivered by a reliable courier service that provides a receipt 25 showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: TO CITY: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Manager With a copy to: Woodruff & Smart 555 Anton Boulevard, Ste 1200 Costa Mesa, CA 92626 Attn: David E. Kendig, Esq. TO DEVELOPER: MLC/Meritage Homes 5 Peters Canyon Rd Suite 310 Irvine, CA 92606 Attn: Johanna Crooker With a copy to: Allen Matkins Leck Gamble Mallory Natsis LLP 2010 Main Street, Eighth Floor Irvine, CA 92614 Attn: John Condas Either Party may change the address stated in this Section 12.1 by delivering notice to the other Party in the manner provided in this Section 12.1, and thereafter notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the date received, as evidenced by the customary receipt of delivery as provided above. 12.2 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 Parties is that of a government entity regulating the Development of private property by the owner of the property. 12.3 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. 12.4 Estoppel Certificates. At any time, either Party may deliver written notice to the other Party requesting that the other Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and 26 effect and is binding on the other 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. 12.5 Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; and "may" is permissive. 12.6 Time Is of the Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 12.7 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. 12.8 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. 12.9 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. 12.10 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 27 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. In such a situation, City shall not receive any of the benefits of this Agreement. The provisions of this Section 12.10 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall not survive the Termination Date. 12.11 Developer Deposit. Developer shall, within thirty (30) business days after the later of the Effective Date and Developer's acquisition of fee title to the Property, deliver to the City in cash or cash equivalent funds, a deposit in the amount requested by the City based on the City's estimated City Processing Fees including staff time required to complete plan check and perform inspections (the "City Costs Deposit"), which amount shall be deposited by City in an account in a bank or trust company selected by the City and with no requirement that such account be interest bearing. If any interest is paid on such account, such interest shall accrue to any balances in the account for the benefit of the City. If at any time prior to the issuance of the final certificate of occupancy for a residential unit on the Property, the amount of funds in the City Costs Deposit account is depleted below Ten Thousand Dollars ($10,000), Developer shall be required to deposit with the City each time an additional Twenty Thousand Dollars ($20,000) or such other amount as the City may specify as required in City's estimation to cover the cost of City Processing Fees, including as required to complete plan check and perform inspections, which shall be credited to the City Costs Deposit. Each such payment shall be deposited by the City into the City Costs Deposit account and shall be applied to City Processing Fees. The City Costs Deposit has been established to fund the City Processing Fees and shall be used by the City for such purpose and shall be depleted accordingly. Immediately upon incurring any City Processing Fees or costs or receipt of an invoice from third parties for same, the City shall have the right to deduct the amounts due it on account thereof from the City Costs Deposit The City Costs Deposit shall be retained by the City until the date of issuance of the final certificate of occupancy for a residential unit on the Property and the remaining amount of the City Costs Deposit then held by the City, if any, shall be promptly returned by the City to Developer thereafter, provided that the return of such funds shall not terminate the obligations of Developer to pay all City Processing Fees arising or incurred prior to issuance of the final certificate of occupancy for the final residential unit on the Property. Developer shall pay any outstanding amounts due with respect to City Processing Fees to the City within thirty (30) calendar days following receipt of an invoice from the City therefor, provided that the City shall first apply the amount of the City Costs Deposit, if any, then held by it in satisfaction of such invoice, and shall reflect the amount of such credit on the invoice. 12.12 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. W:3 12.13 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 12.13 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 10 or is a Permitted Transferee under this Agreement. 12.14 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. 12.15 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. 12.16 Section Headin All Section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement. 12.17 Incorporation of Recitals and Exhibits. All of the Recitals are incorporated into this Agreement by this reference. Exhibits A, B C, D and E are attached to this Agreement and incorporated by this reference as follows: EXHIBIT DESCRIPTION DESIGNATION A Legal Description of Property B 1. Site Plan e EXHIBIT DESIGNATION DESCRIPTION C On Street Parking/Off-site Improvement Conceptual Plan D Public Amenity Space Conceptual Plan E Assignment and Assumption Attachment 12.18 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 Effective Date or Termination Date. 12.19 Administrative Amendments. Any amendment to this Agreement which does not relate to the Term, permitted uses of the Project, provisions for the utilization of Residential Allocation Reservation, Development Exactions, the conditions, terms, restrictions and requirements relating to the Applicable Approvals or Public Benefits shall be considered an "Administrative Amendment". The City Manager or his/her assignee is authorized to execute Administrative Amendments on behalf of City and no action by the Planning Commission or the City Council (and no noticed public hearing) shall be required before the Parties may enter into an Administrative Amendment. However, if in the judgment of the City Manager it is determined that a proposal is not an Administrative Amendment or that the proposed Administrative Amendment should be considered by the approval bodies of the City, the City's Planning Commission shall conduct a noticed public hearing to consider whether the Administrative Amendment should be approved or denied, and shall make a recommendation to the City Council on the matter. The City Council shall conduct a noticed public hearing to consider the request and the Planning Commission's recommendation on the matter. At the conclusion of the public hearing, the City Council may approve, deny, or conditionally approve the amendment. 12.20 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] 30 ATTEST: Erica N. Yasuda, City Clerk APPROVED AS TO FORM: David E. Kendig, City Attorney SIGNATURE PAGE TO DEVELOPMENT AGREEMENT "DEVELOPER" Meritage Homes of California, Inc. By: Name: Its: "CITY" CITY OF TUSTIN By: Aldo E. Schindler, City Manager 31 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 32 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1, PER MAP FILED IN BOOK 52, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2, OF PARCEL MAP, PER MAP FILED IN BOOK 52, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SITE ADDRESS: 13751 RED HILL AVENUE, TUSTIN, CA 92780 13841 RED HILL AVENUE, TUSTIN, CA 92780 ASSESSOR'S PARCEL NUMBERS: APN 500-141-10 APN 500-141-09 A-1 IE �b��{9{1gjai3l:�j{{S� •7DOOD^ •:7 JC^F:kTC7O:�c:�C'! i J V .6 cn Z jj..z S r. EXHIBIT B SITE PLAN 1,VNL43-1-1V ON11SIX3 390691-00001 1279837.13 a03/06/25 1596301.2 EXHIBIT C ON STREET PARKING/OFF-SITE IMPROVEMENT CONCEPTUAL PLAN 1S NOW N75 8 EXHIBIT D PUBLIC AMENITY SPACE CONCEPTUAL PLAN PARK 3 (0.08 AC) CONCEPTUAL PRIVATE PARK PROGRAM O Secondary Gateway Monumentation -'Red Hill Distncf signage -potential mural - Demmfi a wall mosaic - Illuminated sign -Accent planting 0 Orchard Heritage Bosque -Accent trees in raised planters -Accent Tree Lighting ODecorative Plaza Pavement - Enhanced jointing, coil and finish - Materials to mimic aep rows OOpen Turf Community Gathering Space - Festoon Lighting - Natural Turf Q5 Heritage Informational Signage -Histariral intonation-Omhardlsigniim- -vertical Displays -Accent Lighting 0 Trash Receptacle (2) Q Bicycle Racks (2) Q6'x 6' Planter Pot on Concrete Pad - Bosguo Heritage Tr- 1 Ux 19' Planter (9) -Accent Base Plantings to Tubular Steel Fencingl Access Gate - C—trolled .cress to neighborhood enclave tt Slreen Hedge 12 5' Walk 13 6 Planted Parkway to 9' Planted Parkway is Planting Area - Material to to- a natural barricade with deterrent properties 1fi Street Parking t� AC Units Behind Fence with Gravel Base to Und Accent Tree to Curb Ramp Comer 20 Canopy Street Tree zt Bench (4) -Intermedial armrest zz Pet Waste Dispenser NOTEPrivately owned, publicly accessible amenity space_ EXHIBIT E ASSIGNMENT AND ASSUMPTION AGREEMENT 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 AGREEMENT ("[Partial] Assignment") is entered and between ("Assignee"). AND ASSUMPTION OF DEVELOPMENT into as of , 20_ (the "Effective Date"), by ("Assignor"), and RECITALS A. Meritage Homes of California, Inc. (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, Orange 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 to Assignee 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 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 10.5 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. 5. Miscellaneous. 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 internal laws of the State of California, without regard to conflicts of law principles. 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 Orange 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: With a copy to: Attn: [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 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: 1y:/:11Nki9 CONSTRUCTION PHASING PLAN _r .r P00% ANM.�3 �lv'.]NIA51%3 A c ,S s �i E 2 ATTACHMENT E — EXHIBIT B ORDINANCE NO. 1566 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT (DA) 2024-0004 BETWEEN THE CITY OF TUSTIN AND MERITAGE HOMES OF CALIFORNIA, INC. TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING FOUR AFFORDABLE HOUSING UNITS FOR VERY -LOW INCOME HOUSEHOLDS, A PUBLIC AMENITY SPACE INCLUDING PUBLIC ART AND GATEWAY SIGNAGE AT THE CORNER OF RED HILL AVENUE AND SAN JUAN, ON -STREET PUBLIC PARKING BAYS ALONG RED HILL AVENUE, A NEW TRAFFIC SIGNAL, AND ASSOCIATED OFF - SITE IMPROVEMENTS FOR A NEW RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE 73 RESIDENTIAL CONDOMINIUM UNITS, INCLUDING FOUR AFFORDABLE UNITS, ON APPROXIMATELY 3.39 ACRES AT 13751 AND 13841 RED HILL AVENUE The City Council of the City of Tustin, California, 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 Meritage Homes of California, Inc. for a Residential Allocation Reservation (RAR) 2025-0001, Design Review (DR) 2024-0014, Development Agreement (DA) 2024-0004, Subdivision (SUB) 2024-0005/ Tentative Tract Map (TTM) No. 19361, and Density Bonus Requests with the provisions of five percent of units identified as very - low income housing with a request for density bonus of twenty (20) percent (61 base units, plus 12 density bonus units); for one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); and use of State Density Bonus Law parking standards; to construct a new, residential condominium development project that would include seventy-three (73) residential condominium units in nine (9) buildings, including four (4) affordable units, on approximately 3.39 acres. The project would also include an enclosed, two -car garage and private open space for each dwelling unit, a total of 18 guest surface parking spaces, common open space areas, landscaping, and an approximately 3,200 square foot (SF) public amenity space including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street. The project is located at 13751 and 13841 Red Hill Avenue within the Red Hill Avenue Specific Plan (RHASP, SP-13). B. That applications for DAs shall be processed in accordance with Section and Article 9, Chapter 6, DAs, of the Tustin City Code (TCC). Ordinance No. 1566 Page 2 of 5 C. That pursuant to the RHASP Section 6.7.1 (A)(10), the developer consents to enter into a mutually agreeable Development Agreement requested by the City for the voluntary provision of community public benefits, by including four (4) affordable housing units for very low-income households, an approximately 3,200 square foot public amenity space including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street, on -street public parking bays along Red Hill Avenue, a new traffic signal on Red Hill Avenue at the project entry, and associated off -site improvements.. 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 Development Agreement. In compliance with TCC Section 9611, the Tustin Planning Commission shall make a recommendation on the proposed Development Agreement (DA) 2024-0004 to the City Council. F. 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 RHASP General Plan land use designation and the RHASP 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 sixty-nine (69) market -rate for sale units and four (4) 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 RHASP, 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 Ordinance No. 1566 Page 3 of 5 existing and future residents and businesses in the City. 6. That the approval of the DA will provide four (4) Very Low Income units. 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. G. That the provisions of DA 2024-0004 are consistent with RHASP and the policies of the General Plan, as evidenced by the following findings: 1. That the project is adjacent to and surrounded by other residential and commercial uses promoting pedestrian -oriented development and a walkable community. 2. That residential uses are beneficial and compatible with adjacent uses consistent with the overall vision, goals and intent of the RHASP. 3. That the project would provide a new traffic signal and pedestrian crosswalk at the project entry, and Class II bike along the project frontage on Red Hill Avenue and to implement the City's vision for more bikeway and pedestrian access and connectivity in the Specific Plan area. 4. That the project would implement the goals and objectives of the RHASP by providing enhanced streetscape improvements and a public amenity space with gateway signage, new crosswalks that connect to the commercial center across the street, new sidewalks, and internal pedestrian connectivity to common open space areas. The project implements the following: a. Goal 1. Enhance streetscape, landscape, and public amenities throughout the Specific Plan area. b. Objective 1-3. Encourage a "sense of place" within the Specific Plan area through quality site design, architectural design, and public improvements. c. Goal 2. Improve visual and functional connections and linkages between Red Hill Avenue, surrounding residential neighborhoods, adjacent public and institutional uses, and Interstate 5. d. Objective 2-1. Identify ways to improve and enhance linkages and connections between new development in the Specific Plan area and surrounding neighborhoods. e. Goal 5. Improve pedestrian and bike accessibility and vehicular circulation to minimize potential conflicts between different users and improve mobility throughout the Specific Plan area Ordinance No. 1566 Page 4 of 5 and connectivity with the greater community. f. Objective 6-1. Promote the development and maintenance of adequate parking facilities commensurate with parking demand. g. Goal 8. Ensure development within the Specific Plan area is sensitive to and compatible with surrounding land uses. 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 sixty-nine (69) market -rate for sale units and four (4) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will provide four (4) Very Low Income units on site. That the applicant requested use of a Community Facilities District (CFD) program through the California Municipal Finance Authority (CMFA) to finance public facilities and development impact fees (DIF); and That CMFA has established the Bond Opportunities for Land Development Program (the "BOLD Program") to facilitate the financing of certain public facilities and/or certain DIF levied by local agencies in the State to finance public facilities, through the levy of special taxes under the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"); and That the City of Tustin is currently a member of CMFA in good standing, such that only a new City Council Resolution is necessary to authorize participation in BOLD program. That on October 16, 2018, the Tustin City Council adopted Ordinance No. 1498 adopting and certifying the Final Program Environmental Impact Report (EIR) and Mitigation Monitoring and Report Program (MMRP) for the Red Hill Avenue Specific Plan (RHASP). K. That the City has prepared an Addendum to the Certified EIR for the Project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the Project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. Ordinance No. 1566 Page 5 of 5 L. That the Planning Commission continued the item from the April 22, 2025, meeting at the request of City staff to allow time for staff and the applicant to finalize remaining technical issues. The item was continued to a date certain of May 13, 2025, and all remaining issues were resolved. M. That a public hearing was duly called, noticed, and held on said application on May 13, 2025, by the Planning Commission. The Planning Commission adopted Resolution No. 4527 recommending that the City Council approve the DA. N. That a public hearing was duly called, noticed, and held on said application on , 2025 by the City Council. SECTION 2. The City Council hereby approves DA 2024-0004 attached hereto as Exhibit A and subject to final approval of the City Attorney. SECTION 3: This ordinance shall become effective 30 days after its adoption, on , 2025. SECTION 4: As of the effective date of this ordinance, DA 2024-0004 shall supersede, cancel and replace DA 2021-0001, approved by Ordinance No. 1515 on September 7, 2021, concerning development of the project site. SECTION 5: 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 6. 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. 1566 Page 6 of 5 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2025. 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. 1566 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the day of , 2025 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2025 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA City Clerk Published: Exhibit A - DA 2024-0004 ATTACHMENT F Tibor Kelemen 78 Windwalker Way Tustin, CA 92782 04/17/2025 Vera Hurtado Community Development Tustin City Council Members and Planning Commission Re: Meritage Homes — Red Hill Avenue Dear Vera, Council Members and Planning Commission, I am writing to express my strong support for the proposed residential development consisting of 73 homes in our community. As a resident of Tustin, I believe that this project will bring numerous benefits to our area and contribute positively to our local environment. Firstly, the addition of 73 homes will help address the growing housing demand in our community. With an increasing population, it is vital that we provide affordable and diverse housing options for families, individuals, and professionals. This development has the potential to attract new residents, fostering a vibrant and inclusive community. Moreover, this project presents an excellent opportunity to replace a vacant lot that has unfortunately become eye sore, inviting homeless encampment. Transforming this space into a residential development not only alleviates the challenges associated with homelessness but also enhances public safety and community well-being. Additionally, the construction of these homes is likely to stimulate our local economy. It will create job opportunities during the building phase and support local businesses as new residents move in. This influx can lead to increased demand for services, retail, and other amenities that benefit all community members. It will also generate significant tax revenue for the city, which can be reinvested in local services and infrastructure. This increased revenue can enhance public facilities, schools, and community programs, contributing to the overall quality of life for all residents. The project is designed with sustainability in mind. Incorporating green spaces, energy -efficient features, and thoughtful landscaping, this development will enhance our neighborhood's aesthetic appeal and promote a healthier environment. Access to parks and communal areas will encourage outdoor activities and strengthen community ties. In conclusion, I wholeheartedly support the proposed residential development of 73 homes. It represents an opportunity for growth, community enhancement, and economic development. I encourage you to consider the positive impact this project will have on our community. Thank you for your attention to this important matter. Sincerely, Tibor felemen�� CEO The Kelemen Company tibor@kelemencompany.com www.thekelemencompany.com MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING MAY 13, 2025 6:00 p.m. CALL TO ORDER: 6:00 p.m. Given. PLEDGE OF ALLEGIANCE: Chair Pro Tern Mason All present ROLL CALL: Chair Douthit Chair Pro Tern Mason Commissioners Higuchi, Kozak, Mello PUBLIC INPUT: Hurtado Hurtado confirmed there was no public input. 14IN&Ia 111041_\1: 11117_\:1 1. APPROVAL OF MEETING MINUTES — APRIL 22, 2025 RECOMMENDATION: That the Planning Commission approve the Minutes of the April 22, 2025 Planning Commission meeting, as provided. Motion: It was moved by Mello, seconded by Mason, to approve the Minutes of the April 22, 2025 Planning Commission meeting. Motion passed: 4-0-1. Kozak abstained from the vote. PUBLIC HEARING: Higuchi Higuchi recused himself since the applicant, Meritage, is a client of the firm he works fo r. Douthit Douthit recused himself due to his residence being in proximity to the project site. Mason Mason to chair the meeting for Item No. 2. Minutes — Planning Commission Meeting — May 13, 2025 — Page 1 2. CONTINUED FROM THE APRIL 22, 2025 MEETING: RESIDENTIAL ALLOCATION RESERVATION 2025-0001, DESIGN REVIEW 2024-0014, DEVELOPMENT AGREEMENT 2024-0004, SUBDIVISION MAP 2024- 0005/ TENTATIVE TRACT MAP NO. 19361 FOR CONDOMINIUM PURPOSES, AND DENSITY BONUS CONCESSION REQUESTS APPLICANT: JOHANNA CROCKER MERITAGE HOMES OF CALIFORNIA, INC 5 PETERS CANYON ROAD IRVINE, CA 92606 PROPERTY OWNER: CRAIG SWANSON SPACE-IAG-1, LLC 4000 MACARTHUR BLVD., EAST TOWER I SUITE 600 NEWPORT BEACH, CA 92660 LOCATION: 13751 AND 13841 RED HILL AVENUE (APN NOS. 500-141- 09, -10) REQUEST: A request to construct a new residential development project that would include 73 condominium units in nine buildings, including four affordable units, on approximately 3.39 acres. The request includes consideration of a Residential Allocation Reservation (RAR) application, Design Review application, a Development Agreement, Subdivision/Tentative Tract Map, and Density Bonus concession requests. ENVIRONMENTAL: An Addendum to the Red Hill Avenue Specific Plan Program EIR has been prepared by the City to address environmental considerations related to the proposed project, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (14 California Code of Regulations 15000, et seq., CEQA Guidelines). RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4526, recommending that the City Council approve: • Residential Allocation Reservation 2025-0001 reserving 61 base residential units; Minutes — Planning Commission Meeting — May 13, 2025 — Page 2 • Design Review 2024-0014 for site layout and building design for 73, three-story residential units, on approximately 3.39 acres site; • Subdivision 2024-0005/Tentative Tract Map No. 19361 to subdivide the property for condominium purposes, with a total of 73 residential units, and a lettered lot for open space purposes, on an approximately 3.39 acres site; and • Density Bonus concession request with five percent (5%) of units identified as very low-income housing with a request for density bonus of 20 percent, equating to 61 base units and 12 density bonus units; one concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); and use of State Density Bonus Law parking standards. 2. Adopt Resolution 4527, recommending that the City Council adopt Ordinance No. 1566 for Development Agreement 2024-0004 to accept the provision of community public benefits, by including four (4) affordable units for very low-income households; an approximate 3,200 square foot public amenity space, including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street; on -street public parking and enhanced landscaping along Red Hill Avenue; a new traffic signal on Red Hill Avenue at the project entry; and associated off - site improvements. Carver Presentation given. Carver mentioned the revisions made to the Conditions of Approval (Resolution No. 4526), which were provided at the dais. Eastman Eastman added that the City received three letters of support, which were provided to the Commission at the dais. He also mentioned a resident called and expressed concern with the parking and driveway access to the property. Ms. Johanna The applicant, Johanna Crooker, representative of Meritage Homes provided Crooker background information about their company. She commended City staff and their team work with the project and keeping the project on schedule. Mason Mason disclosed her phone call with the applicant prior to the meeting. Mello Mello disclosed that he recognized people in the audience who work in the home building industry but does not recall any conversations with anyone in the industry Minutes — Planning Commission Meeting — May 13, 2025 — Page 3 regarding the project. He mentioned that he was previously made aware of this project. Kozak Kozak disclosed he and the applicant attempted to connect before the meeting, but they were not able to connect. Mello Mello's comments/questions generally included: what is the distance between San Juan Street and the proposed project entry; what triggered the requirement for a new traffic signal on Red Hill Avenue; and if the City's Traffic Engineer reviewed the item to ensure no issue with the other traffic signals in place. Eastman Eastman's response to the previous questions generally included: the traffic signal at the entrance of the proposed development is not required based on the number of units proposed (73 homes); the applicant has proposed to provide the traffic signal as a public benefit to help provide access into their development project, as well as to provide a signalized access to the adjacent property across the street — Red Hill Plaza; the City's Traffic Engineer reviewed the proposal and is aware of the Location of the traffic signal. Ms. Crooker Per Ms. Crooker, the traffic signal was contemplated within the Specific Plan and the previous project that was approved for the same project site. The proximity distance between signals at San Juan/Red Hill and the proposed is approximately 400 feet. Kozak Kozak stated that he knows one of the traffic signals (near the freeway) is operated by Caltrans, the City is working with OCTA on synchronizing the lights, and Red Hill Avenue has a number of traffic signals in short intervals. He understood the need for the traffic signal but is concerned with the signal affecting the flow of traffic during peak hours. Carver In response to Kozak's comments/concerns, Carver stated the following, in general: in working with the City Traffic Engineer, she understood the traffic signal synchronization on Red Hill Avenue is coming soon and this new traffic signal will be incorporated into the synchronization. Mello Mello inquired as to whether the public park amenity is required by the Red Hill Avenue Specific Plan. The first time he heard of a Community Facilities District (CFD) being utilized by private developer and he asked what is included with it (facilities, fees or both). Minutes — Planning Commission Meeting — May 13, 2025 — Page 4 Carver Carver stated the location of the public amenity space is not specifically identified in the Specific Plan, but the requirement to provide the space is. Staff worked with the applicant on their proposed location of the public amenity space. Ms. Crooker Ms. Crooker stated that the CFD will include off -site improvements as well as some fees. Kozak Kozak expressed support for the project's design and proposal, noting it could encourage neighboring landowners to upgrade their properties. He asked if a "Live/work" component was included, whether the units would be for -sale, and if CC&Rs would have rental restrictions. He also asked Ms. Crooker about coordinating with the Public Art Commission, and suggested art around the traffic signal box. Eastman In response to Kozak's question regarding the live/work, Eastman stated the applicant has requested concessions under Density Bonus law to waive the Specific Plan's requirement for commercial uses. Ms. Crooker Ms. Crooker confirmed all units on the proposed site would be for sale (no rental units). There is a limitation on what can be included in the standard CC&Rs provided that it is compliant with State law. The public art component has not yet been determined, as it would be addressed as part of the final construction documents. She stated that they would be coordinating with staff. Mason Mason raised concerns about potential sidewalk removal for street parking, loss of greenspace, and public access. She inquired about lighting in public and community spaces, a possible wall along the Tustin High School side, fire lane requirements in the alley, and asked for an update on Red Hill Plaza property across the street. Ms. Crooker Ms. Crooker clarified the sidewalk would be relocated, not removed, and travel Lanes would remain unaffected by the on -street parking. Landscaping will be included, with trees between parking stalls. She indicated one unsecured public access point and noted resident access to/from the public amenity space will be provided by a gate that will be unlocked via a fob. Lighting will be included and comply with TCC standards. She confirmed a six-foot masonry wall will be built along the Tustin High School side, as shown in the presentation. Willkom With regard to the fire lane in the alley, Willkom stated that the prior project had access towards the alley, and there was a requirement that the fire lane had to be clear and accessible at all times. She verified that this project only has one access, which is on Red Hill Avenue and the alley will remain "as is." Minutes — Planning Commission Meeting — May 13, 2025 — Page 5 6:39 p.m. Opened the Public Hearing portion of the meeting. Mr. Scott Mr. Scott Couchman, a Red Hill Avenue resident, expressed concerns about the Couchman project, including high condo prices, increased traffic and parking on Red Hill, and potential use of garages for storage. He questioned the pedestrian gate and park at San Juan St./Red Hill Ave., citing no community benefit of the gate, and suggested removing the gate, or relocating it and park to be near the car wash instead. He also criticized the proposed traffic signal, referencing Page 6 of the staff report, noting an excessive number of signals along Red Hill, with six traffic signals between San Juan Street to Nisson Street, which amounts to an average separation of only 280 feet. Zoom Gabriel joined via Zoom. He is in support of the proposed project. His comments generally included: ideal infill project; good location; lively foot traffic; design and streetscape; attractive corner gateway. 6:46 p.m. Closed the Public Hearing portion of the meeting. Mason Mason asked staff for clarity on the public benefit of the traffic signal. Are there options? Can the traffic signal be moved? She also asked if there is currently any street parking on Red Hill Avenue. Willkom Willkom responded that a traffic signal is not required based on unit count, but would benefit the project residents to allow for a safe access to and from the site onto Red Hill Avenue. The applicant, not the City, will fund the signal through the CFD. She added there is currently no parking on Red Hill Avenue; but 13 on -street spaces will be added by the project. Kozak Kozak asked staff to confirm that the new parking spaces are within the project site and not in the street. He questioned alternatives to the traffic signal, such as a dedicated turn lane, noting potential traffic backup without a signal. He also inquired about traffic signals synchronization timing, and whether staff had coordinated with Caltrans or OCTA to ensure signal synchronization. Eastman Eastman confirmed Kozak's question, stating that the sidewalk will be moved farther into the project site to accommodate the parking, so the current traffic lanes will not be affected. Carver Carver stated she did not recall the timing for traffic signal synchronization, but knew it was coming soon. She said a signal analysis was not done because the number of units would not warrant a signal; however, Condition of Approval No. Minutes — Planning Commission Meeting — May 13, 2025 — Page 6 12.1 requires the project to design and construct the signal incoordination with the City Engineer, and the City's Traffic Engineer has reviewed the proposed signal. She confirmed that Caltrans and OCTA were included in the outside agency review, and received the tentative map with the proposed signal for comment. Mello Mello's closing comments included: the proposed traffic signal will cause an issue on Red Hill Avenue; would the applicant be open to not providing the traffic signal? Can City staff condition it so that they do not have to include the traffic signal? Mason Mason's closing comment: the benefits of having a cross walk with blinking lights when pedestrians cross. She stated she was not sure even if a crosswalk with (only) blinking lights would protect pedestrians. Mason was in support of the development. She asked staff if the item being proposed could be moved forward with a contingency of having a conversation with the experts, recognizing the heavy traffic already existing on Red Hill Avenue. Willkom Willkom responded that the current proposal includes a traffic signal with a crosswalk. If the Commission prefers no signal, and the applicant agrees, a lighted crosswalk could be considered, though it has not been discussed with Public Works, and may not be feasible without a full signal. If the Commission agrees, staff could revisit the issue with Public Works, and adjust conditions before the City Council review. Kozak Kozak suggested having another study or traffic report completed before going to the City Council, but concerned the project would be held up. He, too, was in favor of the development, but there was still concern with traffic and the traffic signal. 6:57 p.m. Mason re -opened the Public Input portion of the meeting. Ms. Jill Ms. Jill Wallace clarified the traffic signal was initiated by City staff, not the Wallace applicant. She noted the applicant has worked with the City for 18 months and expressed concern that reopening the discussion on the signal or a lighted crosswalk could delay the project. While open to further discussion, she urged the Commission to keep the entitlement process on track, and move the projectforward to City Council. 6:59 p.m. Mason closed the Public Input portion of the meeting. Mason Mason discussed the benefit of the traffic signal after viewing Google Maps. Willkom Willkom stated, without the traffic signal, drivers would have to wait in the center median before making a turn into the project site. Minutes — Planning Commission Meeting — May 13, 2025 — Page 7 Mello Mello asked if the traffic signal is warranted by the proposed project or not. If so, then wouldn't the owners expect the new developer of the shopping center to install the traffic signal, and not the applicant of this project? Eastman Eastman stated that the traffic signal may be warranted in the future as conditions changed. While not required for this project based on the number of units, the applicant is providing it as a public benefit to improve site access and pedestrian safety. Mason Mason believed a traffic signal would be needed, as residents will be entering/exiting the proposed project. Mello Mello asked the Commission if they would consider moving the item forward with a condition to revisit the traffic signal, allowing the Commission to make a recommendation based on that review. He also suggested the traffic signal review be included in the final engineering of the project. Willkom Willkom stated that the motion would need to include a specific direction to staff for further consideration and analysis prior to taking the item to the City Council. Mason Mason asked what the process would look like if the Commission agreed to the motion Willkom mentioned previously. Willkom Willkom clarified that City staff may not have time to review the traffic signal before the June 3, 2025, City Council meeting. The Conditions of Approval already require coordination with Public Works, and any decision to remove the traffic signal would require further discussion with Public Works. She noted that the applicant and City had agreed on the signal, which is part of the Development Agreement. There may be a need to require a center median in lieu of a traffic signal to allow for a left -turn Lane from Red Hill to project site. Public Works would need to determine the appropriate changes to the center median. Willkom expressed concern that further discussions on center median would delay the project. Kozak Kozak asked what kind of assurances can the community be provided if the development moves forward. He also stated he felt there would be more traffic problems without a traffic signal. As long as the traffic signal is synchronized, Kozak felt comfortable with moving the item forward. Mason Mason asked if the proposed project was to move forward, then in the future, could a traffic signal be added? (i.e. Phase 2). Minutes — Planning Commission Meeting — May 13, 2025 — Page 8 Willkom Per Willkom, as far as the synchronization, Public Works has brought the synchronization item to the City Council and the synchronization project has commenced and the new traffic signal will be added to the synchronization system for Red Hill Avenue. Carver Carver explained that signal warrant analysis, which considers factors like school crossings and traffic volume, helps determine the need for a traffic signal. Engineering judgment is also key, and the City's Traffic Engineer recommends installing a signal at the project site, coordinating with a signal synchronization project along Red Hill Avenue, including Caltrans signals. Motion: It was moved by Kozak, seconded by Mello, to adopt Resolution Nos. 4526, as revised, and 4527. Motion carried 3-0-2. REGULAR BUSINESS: 3. TUSTIN HISTORIC PRESERVATION WEEK: MAY 12-19, 2025 The Community Development Department is pleased to present the schedule of events and "fun facts" for Tustin's 2025 Historic Preservation Week, taking place May 12-19, 2025. This year's celebration places a special emphasis on honoring Tustin's military history and the legacy of local service members. RECOMMENDATION: It is recommended that the Planning Commission receive and file this report. Demkowicz Presentation given. Douthit Douthit commended Demkowicz on a job well done with Historic Preservation Week. Higuchi Higuchi suggested Historic Preservation Week coincide with St. Patrick's Day to celebrate Columbus Tustin's birthday. In addition to military history in Tustin, the Tustin Historical Society was able to track down every single Civil War Veteran who resided in Tustin. Higuchi also commended Demkowicz for her time and dedication to Historic Preservation Week. Kozak Kozak also commended Demkowicz Minutes — Planning Commission Meeting — May 13, 2025 — Page 9 Received and filed. OTHER BUSINESS: Willkom Congratulations to Aaron Valle for his promotion to Assistant Planner! Willkom informed the Commission of the Families Forward project went to the City Council on May 6, 2025 and was approved unanimously. The City Council also recognized the former Mayor Lou Bone and they have re -named the City of Tustin Corporate Yard to Lou Bone Corporate Yard. PLANNING COMMISSION COMMENTS AND REPORTS: Douthit Douthit made favorable comments about the Lou Bone Yard. No further comments from the other Commissioners. ADJOURNMENT: 7:29 p.m. The next regular meeting of the Planning Commission is scheduled for Tuesday, May 27, 2025. Minutes — Planning Commission Meeting — May 13, 2025 — Page 10 Docusign Envelope ID: 0691 EFAE-6F1 F-4A3D-969A-89805AEFOE93 RESOLUTION NO. 4526 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE RESIDENTIAL ALLOCATION RESERVATION (RAR) 2025-0001, DESIGN REVIEW (DR) 2024- 0014, SUBDIVISION (SUB) 2024-0005/ TENTATIVE TRACT MAP (TTM) NO. 19361, AND DENSITY BONUS REQUEST TO CONSTRUCT A NEW RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE SEVENTY- 73 RESIDENTIAL CONDOMINIUM UNITS IN NINE BUILDINGS, INCLUDING FOUR AFFORDABLE UNITS, ON APPROXIMATELY 3.39 ACRES AT 13751 AND 13841 RED HILL AVENUE The Planning Commission of the City of Tustin, California does hereby resolve as follows: 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 Meritage Homes of California, Inc. for a Residential Allocation Reservation (RAR) 2025-0001, Design Review (DR) 2024-0014, Development Agreement (DA) 2024-0004, Subdivision (SUB) 2024-0005/Tentative Tract Map (TTM) No. 19361, to subdivide the existing two parcels to one lot for condominium purposes to construct a total of 73 units including sixty-nine (69) market rate and four (4) affordable units; and Density Bonus Requests with the provisions of five (5) percent of units identified as very -low income housing with a request for density bonus of twenty percent (61 base units, plus 12 density bonus units); one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); and use of State Density Bonus Law parking standards. The project is located at 13751 and 13841 Red Hill Avenue of the Red Hill Avenue Specific Plan (RHASP). B. That the Development Application requests the following approvals: • RAR 2025-0001 reserving 61 base residential units. • DR 2024-0014 for site layout and building design. • DA 2024-0004 to accept provisions of public benefits. • SUB 2024-0005/TTM No. 19361 to subdivide the existing two parcels to one lot for condominium purposes to construct a total of 73 units including 69 market rate and four affordable units. • Density Bonus request with the provision of five (5) percent of units identified as very -low income housing with a request for density bonus of twenty percent (61 base units, plus 12 density bonus units); Docusign Envelope ID: 0691 EFAE-6F1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 2 one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); and use of State Density Bonus Law parking standards. 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 the project supports the overall vision, goals, and intent of the RHASP by providing enhanced streetscape improvements and incorporating a public amenity space including public art and gateway signage, and pedestrian amenities along both Red Hill Avenue and San Juan Street. Existing street trees along Red Hill Avenue would be replaced with new trees, and on -street public parking bays along Red Hill Avenue to reinforce the urban design character of the corridor. The proposed project is a vibrant, high -quality residential development along Red Hill Avenue that contributes to the City's housing goals. The pedestrian -oriented site design promotes a walkable, well - integrated urban environment, consistent with RHASP objectives. The project would include a new signalized intersection at the project entry along Red Hill Avenue and other associated off -site public improvements. The project implements the following: 1. Goal 1. Enhance streetscape, landscape, and public amenities throughout the Specific Plan area. 2. Objective 1-3. Encourage a "sense of place" within the Specific Plan area through quality site design, architectural design, and public improvements. 3. Goal 2. Improve visual and functional connections and linkages between Red Hill Avenue, surrounding residential neighborhoods, adjacent public and institutional uses, and Interstate 5. 4. Objective 2-1. Identify ways to improve and enhance linkages and connections between new development in the Specific Plan area and surrounding neighborhoods. 5. Goal 5. Improve pedestrian and bike accessibility and vehicular circulation to minimize potential conflicts between different users and improve mobility throughout the Specific Plan area and connectivity with the greater community. 6. Objective 6-1. Promote the development and maintenance of adequate parking facilities commensurate with parking demand. 7. Goal 8. Ensure development within the Specific Plan area is sensitive to and compatible with surrounding land uses. Docusign Envelope ID: 0691 EFAE-6F1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 3 E. That Tustin City Code (TCC) Section 9323b2 requires TTMs be prepared for subdivisions creating five or more condominiums as defined in Section 783 of the California Civil Code. F. 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. G. That pursuant to TCC B9923, the applicant elected to provide five percent (5%) of base units in the residential project, or four units, available to very low- income households and payment of housing in -lieu fee. The City Council has temporarily suspended the payment of housing in -lieu fee for 36 months. H. That pursuant to TCC Section 9123, the applicant requested a Density Bonus Law concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed Use) and use of State Density Bonus Law parking standards. I. That pursuant to TCC Section 9132, the applicant requested use of State Density Bonus Law parking standards to deviate from the on -site parking requirements for guest parking per TCC Section 9263. That the Planning Commission continued the item from the April 22, 2025, meeting at the request of City staff to allow staff and the applicant additional time to finalize a few remaining technical issues. The item was continued to a date certain of May 13, 2025, and all remaining issues including the Development Agreement were resolved. K. That a public hearing was duly called, noticed, and held for RAR 2025-0001, DR 2024-0014, DA 2024-0004, SUB 2024-0005/TTM No. 19361, Density Bonus request and concession on May 13, 2025, by the Planning Commission. L. That on October 16, 2018, the Tustin City Council certified the Final Program Environmental Impact Report (EIR) for the Red Hill Avenue Specific Plan (RHASP) (SCH # 2017041031). M. That the City has prepared an Addendum to the Certified EIR for the project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. N. That as conditioned, Sub 2024-0005/ TTM No. 19361 conforms with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 4 1. The proposed TTM 19361 and improvements are consistent with RHASP, TCC, and Subdivision Map Act. 2. The site is physically suitable for the type of development and proposed density for a new residential condominium that would include 73 units in nine buildings on approximately 3.39 acres within the allowable density requirements of RHASP 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 site within an urbanized area and any potential environmental impacts can be mitigated to a level less than significant as determined in the 2018 certified RHASP 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 RHASP, except for those development standards associated with the Density Bonus request and will be required to comply with the applicable building and life safety codes. 5. 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 East Orange County Water District and Orange County Sanitation District to utilize community sewer facilities. 6. The recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation improvements associated with the project. O. That the City's Public Works Department reviewed the map and determined that, as conditioned, it is technically correct. P. That the project meets the development standards of the RHASP zoning district, except for the concession requested by Density Bonus law. Q. That TCC Section 9331d 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 50 parcels. Pursuant to TCC 93310, the applicant shall be required to dedicate or pay a park in -lieu fee for the entire parkland dedication requirement of 21,305 square feet. Consistent with RHASP Section 6.7.1(B)(7), the project includes an approximately 3,200 square foot public amenity space that is accessible to the public via easement and includes public art and gateway signage, decorative pavement, seating amenities, landscaping, and lighting. The Developer or homeowners' association ("HOX) Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 5 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 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 park in -lieu fees. R. 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 a total of 73 housing units. Four of the 73 units will be reserved for "very low-income households." The remaining 69 units will be market rate or ("above moderate") units. S. 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 3, with an estimated capacity to accommodate 137 total units, consisting of 6 very low-income units and 131 above moderate income units. The project proposes a total of 73 units for the site, consisting of 69 above moderate -income units and four very low-income units. As a result, the proposed project is 64 fewer total units and fewer moderate 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 Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 6 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 December 31, 2024, the City has permitted or approved 453 new housing units (including ADUs) on sites that are not identified in the Housing Element, including three very low-income units, 12 low income units, five moderate income units, and 433 above moderate -income units. Only one project has been approved on a site identified in the Housing Element Site Inventory: a 42-unit residential/live work development on Site #15, with two very low income units and 40 market -rate units (above moderate). Therefore, following approval of the proposed project, the City's remaining unmet RHNA will be 5,658 total units, consisting of 1,699 very low-income units, 1,030 low income units, 1,123 moderate income units, and 1,806 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. As described in the Housing Element, the City took a conservative approach in estimating capacity for sites within the RHASP 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 two fewer very low-income units, and 62 fewer above moderate -income housing units than identified in the Housing Element for Site 3, 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. T. 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: Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 7 1. Building Design. The project is designed to be a vibrant, high -quality residential development providing housing opportunity along Red Hill Avenue consistent with the RHASP and the City's Housing Element. The Spanish Eclectic architectural design incorporates features such as front elevation porches and landings, varied rooflines and deck guard walls/ guardrails to eliminate the potential for monotonous design, windows with trim surrounds, and four color and material schemes throughout the project to enhance the overall design and add enhancements to the streetscape along Red Hill Avenue and San Juan Street. 2. Site Layout. The Red Hill Avenue street frontage includes one two- way driveway and pedestrian paths that leads to all areas of the project site. The site has pedestrian access from Red Hill and San Juan Street. Residential buildings are proposed away from Tustin High School and along the frontage of Red Hill and San Juan Avenue. The project provides two common recreational areas that provide central gathering spaces and a public amenity space that would be private maintained, but publicly accessible. The three-story buildings are proposed to comply with maximum allowable height of four stories and fifty feet per the RHASP Development Standards. 3. Access and Circulation. The project would include one 28 foot -wide driveway on Red Hill Avenue that would include a new traffic signal. The driveway provides the only entry and exit point to the development, and connects to a 24 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. Offsite parking along Red Hill Avenue is also provided. Pedestrian sidewalks and pathways would be installed to circulate the site and connect to the proposed amenity areas located fronting Buildings 1, 2, and 5, as well as the public amenity space at the corner of Red Hill Avenue and San Juan Street. 4. Parking. The project exceeds the off-street parking required for residential parking; however, is short one guest parking space per the TCC. The applicant has requested use of, and complies with State Density Bonus Law parking provisions. 5. Private and Common Open Space. The project would provide a combined private and common open space area of approximately 37,841 total or 518 square feet (SF) per unit, which exceeds the minimum open space requirement of required in RHASP of 21,900 SF or 300 SF per unit. 6. Lighting. Proposed outdoor lighting would be typical of residential uses and would consist of monumentation lighting, accent tree lighting, bollard pedestrian pathway lighting, vehicular fixture, festoon lighting, directional lighting to BBQ, shade structure lighting, and accent wall lighting. All of the project's outdoor lighting would be Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 8 shielded to minimize off -site spill and would be in compliance with TCC Section 9271hh. 7. Wall and Fences. The project would include a combination of walls and fences for privacy and security. Five to six foot high pilasters would flank the walkways located on either side of the main driveway along Red Hill Avenue to enhance the project's main entrance and create a sense of place as pedestrians walk onto the community. A new six foot (6'-0') high block wall along the western and southern boundary with 6'-8" pilasters would provide visual interest and break up the proposed wall per RHASP Section 5.3.5 and 5.4.5. There is an existing 6-foot wall along the property line with the adjacent residential development that would be protected in place. Tubular steel fencing is proposed between the public amenity space and the units that are immediately adjacent. 8. 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. 9. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The building design with accent materials is compatible with other multifamily residential buildings in the area. The buildings would meet the development standards as required by the RHASP and TCC, except as those deviations per the Density Bonus requests. 10. Density Bonus Request. The applicant is requesting a Density Bonus concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use). U. That the development is consistent with findings required for approval of the RAR pursuant to Section 6.7 of RHASP as provided below: The project is substantially consistent with the uses, design criteria, and development regulations of the RHASP. The land use designation for the project site is Mixed Use within the Red Hill Avenue Specific Plan (RHASP). This designation encourages a combination of residential and neighborhood -serving commercial uses that support a walkable, vibrant corridor. The RHASP prohibits residential -only developments without a commercial component in certain areas. The proposed project deviates from this standard by utilizing State Density Bonus Law to request to waive the commercial and mixed use requirement. Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 9 The project site is located on a corner with frontage along both Red Hill Avenue and San Juan Street. Its proximity to established residential neighborhoods and visibility from a major arterial corridor present transitional design considerations that influence site access, layout, and overall compatibility. The project proposes a 73-unit residential condominium development across nine buildings, including 69 market -rate units and four affordable units, on approximately 3.39 acres. Each unit will include an enclosed two -car garage and private open space. The development also features 18 guest surface parking spaces, common open space areas, landscaping, and a public amenity space. The site layout prioritizes internal circulation while providing a transition in scale and design between Red Hill Avenue and adjacent residential uses. 2. The project implements the vision of the Specific Plan related to excellence in architectural design, provision of substantial usable common open space, provision of public art (which may consist of murals, sculpture, decorative fountains or other art deemed acceptable) connectivity to adjacent parks and/or schools if appropriate, and pedestrian connections. The RHASP envisions a vibrant, mixed -use environment characterized by architectural quality, walkability, and public realm improvements. The proposed development aligns with this vision by: • The Spanish Eclectic architectural design that incorporates features such as front elevation porches and landings, varied rooflines and deck guard walls/ guardrails to eliminate the potential for a monotonous design, windows with trim surrounds, and four color and material schemes throughout the project to enhance the overall design; • Providing four-sided architecture to enhance visual interest from all angles; • Orienting building entries and walkways toward the public street frontage to foster a pedestrian friendly environment consistent with RHASP's design intent, • Including common open space areas that support community gathering and recreational opportunities; • Enhancing pedestrian safety and connectivity through sidewalk improvements and thoughtful landscape integration; • Landscaping will be incorporated throughout the site, and a prominent corner plaza will replace the current lack of streetscape improvements along this segment of Red Hill Avenue, further contributing to a dynamic and pedestrian oriented environment. Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 10 3. The number of units requested is within the thresholds established by the Specific Plan's Program EIR. The applicant is requesting a Residential Allocation Request of 61 base units with 12 density bonus units, for a total of 73 residential condominium units. This proposed unit count falls within the development thresholds analyzed in the RHASP Program Environmental Impact Report (EIR). 4. In allocation of the 500 Residential Allocation Reservations units, the City shall consider an equitable distribution within the Specific Plan Area such that no one parcel receives a disproportionate number of units. The Residential Allocation Reservation application request of 61 units for the 3.39-acre project site represents approximately 15% of the total number of units allocated for the area north of the 1-5 freeway and 12% of the total overall units for the entire Specific Plan area. Based on the total project area as a percentage of the Specific Plan, the project request is an equitable and proportional distribution. 5. The development is consistent with the overall vision. aoals. and intent of the RHASP. The project supports the overall vision, goals, and intent of the RHASP by providing enhanced streetscape improvements and incorporating a public amenity space including public art and gateway signage, and pedestrian amenities along both Red Hill Avenue and San Juan Street. Existing street trees along Red Hill Avenue would be replaced with new trees, and on -street public parking bays along Red Hill Avenue to reinforce the urban design character of the corridor. The proposed project is a vibrant, high - quality residential development along Red Hill Avenue that contributes to the City's housing goals. The pedestrian -oriented site design promotes a walkable, well -integrated urban environment, consistent with RHASP objectives. The project would include a new signalized intersection at the project entry along Red Hill Avenue and other associated off -site public improvements. 6. The development is consistent with the policies and intent of the Development Plan (Chapter 3), including the Urban Design plan (Section 3.4). The project is consistent with the RHASP Development Plan and Urban Design Plan through its thoughtful site layout, pedestrian connectivity, and integration of open spaces. The design incorporates pedestrian paths, varied building massing, and corner plazas, which support urban design goals outlined in Section 3.4. 7. The project, including the proposed uses and requested entitlements, comply with the Permitted Land Use and Activities Table (Table 4.1) and complements and contributes to the project area. The proposed residential use is consistent with the permitted uses in Table 4.1 of the RHASP. The project's layout, design, and pedestrian amenities contribute positively to the character and vitality of the project area. The applicant is requesting a Density Bonus concession to remove the requirement for a commercial component Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 11 (Flexible Format Retail and Mixed -Use), which is permitted under State Density Bonus Law. 8. The development substantially complies with or obtained approval of a modification to conformance with the Commercial and/or Mixed - Use Development Standards (Chapters 4). The project complies with applicable development standards, including maximum building height, parking, and open space requirements. Where a concession is requested to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use), it is allowed under the Density Bonus provisions. 9. The development substantially complies with or has obtained approval of a modification to conformance with the Commercial and/or Mixed -Use Design Criteria (Chapter 5). The project substantially complies with RHASP Design Criteria through articulated facades, variation in rooflines, material and color schemes, and enhanced pedestrian experience. The applicant requested to build a residential use through a Density Bonus law concession; therefore, commercial and mixed use design criteria is not applicable. 10. Compliance or modification thereto with applicable Development Standards and Design Criteria is demonstrated and ensured through Design Review of the project site plan, building elevations, floor plan, parking plan, landscaping plan, lighting plan, access plans, refuse plans, and any other applicable plan(s) or document(s). All required plans have been submitted as part of the Design Review and demonstrate compliance with RHASP and TCC standards. Plans include detailed building elevations, site layout, floor plans, landscaping, lighting, and access, ensuring coordinated development consistent with applicable guidelines. 11. Required parking for the project is provided entirely on -site. The project provides the minimum parking required on -site for residents but is short one guest parking space, per theRHASP and Tustin City Code. The applicant has requested and complies with State Density Bonus Law parking standards. Additional on -street public parking would be provided along Red Hill Avenue as a public benefit. 12. The development demonstrates high -quality architectural design and site planning and reflects the nature of the site and the surrounding area through the following: a. Incorporating roof forms and facades that provide building articulation, create visual interest, and reduce the appearance of uniform building massing. Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 12 b. Creating a design that is both cohesive and varying with respect to architectural style, architectural details, windows, doors, colors, and materials. c. Facilitating pedestrian orientation through building placement, building scale, and architectural design. d. Ensuring associated elements including parking, service areas, landscaping, lighting and pedestrian access, and amenities are functional and serve to enhance the overall appearance and experience of the project. e. Siting and designing structures that relate to and respect adjacent development and sensitive land uses. 13. The developer consents to enter into a mutually agreeable Development Agreement if the City requests one. The developer is proposing to enter into a Development Agreement with the City to voluntarily provide community public benefits. 14. The project impacts are assessed through the approved RHASP Program EIR or through subsequent environmental documentation in compliance with the CEQA guidelines. That the City has prepared an Addendum to the Certified EIR for the Project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the Project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. The Planning Commission hereby recommends that the City Council approve RAR 2025-0001, DR 2024-0014, SUB 2024-0005/TTM No. 19361, and Density Bonus request to construct a seventy-three (73) condominium residence, including sixty- nine (69) market rate and four (4) affordable units located at 13751 and 13841 Red Hill Avenue, subject to the conditions contained within Exhibit A, attached hereto. Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 13 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13t" day of May 2025. DocuSigned by: D3273B6D898A43D... For: TANNER DOUTHIT Chairperson Signed by: ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Conditions of Approval Exhibit B: TTM 19361 Exhibit C: Addendum to the RHASP EIR APPROVED AS TO FORM: � ASigned by: '' 343ADCC69SE946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: 0691 EFAE-6F1 F-4A3D-969A-89805AEFOE93 Resolution No. 4526 Page 14 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. 4526 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13t" day of May, 2025. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED PLANNING COMMISSIONER ABSENT: Signed by: u i h a d— 00,Q. &w,, E�45�A2623E54A5.- JUSTINA L. WILLKOM Planning Commission Secretary KOZAK, MASON, MELLO (3) DOUTHIT, HIGUCHI (2) Docusign Envelope ID: 0691 EFAE-6F1 F-4A3D-969A-89805AEFOE93 RESOLUTION NO. 4527 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1566, APPROVING DEVELOPMENT AGREEMENT (DA) 2024-0004 BETWEEN THE CITY OF TUSTIN, CALIFORNIA, AND MERITAGE HOMES OF CALIFORNIA, INC. TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING FOUR AFFORDABLE HOUSING UNITS FOR VERY -LOW INCOME HOUSEHOLDS, A PUBLIC AMENITY SPACE INCLUDING PUBLIC ART AND GATEWAY SIGNAGE AT THE CORNER OF RED HILL AVENUE AND SAN JUAN, ON -STREET PUBLIC PARKING BAYS ALONG RED HILL AVENUE, A NEW TRAFFIC SIGNAL, AND ASSOCIATED OFF -SITE IMPROVEMENTS FOR A NEW RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE 73 RESIDENTIAL CONDOMINIUM UNITS, INCLUDING FOUR (4) AFFORDABLE UNITS, ON APPROXIMATELY 3.39 ACRES AT 13751 AND 13841 RED HILL AVENUE The Planning Commission of the City of Tustin, California does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That on September 7, 2021 the City of Tustin approved Development Agreement (DA) 2021-001 with Space-IAG-1, LLC for the development of a mixed -use development consisting of 137 residential apartment units and 7,000 square feet of commercial space (Red Hill Mixed Use Project). The Red Hill Mixed Use Project (previously entitled project) included a DR-2021-002 DA 2021-001, SUB 2021-001/ Vesting TTM 17822, and Density Bonus Law Concession and Waiver Requests. That on March 6, 2025, the City received a formal request from Craig Swanson of the Space-IAG-1, LLC to withdraw and voluntarily terminate the Vesting TTM 17822, DA 2021-001 and Master Sign Plan. The request provides that the voluntary termination is contingent upon obtaining all required discretionary approvals for the newly proposed Compass at Red Hill Project (proposed project). That Section 9615 of the Tustin City Code provides for amendments or cancellation in whole or in part to a development agreement upon adoption of an ordinance and mutual consent of all parties to the development agreement. Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4527 Page 2 B. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Meritage Homes of California, Inc. for a Residential Allocation Reservation (RAR) 2025-0001, Design Review (DR) 2024-0014, Development Agreement (DA) 2024-0004, Subdivision (SUB) 2024-0005/ Tentative Tract Map (TTM) No. 19361, and Density Bonus Requests with the provisions of five percent of units identified as very -low income housing with a request for density bonus of twenty (20) percent (61 base units, plus 12 density bonus units); one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed - Use); and use of State Density Bonus Law parking standards; to construct a new, residential condominium development project that would include seventy-three (73) residential condominium units in nine (9) buildings, including four (4) affordable units, on approximately 3.39 acres. The project would also include an enclosed, two -car garage and private open space for each dwelling unit, a total of 18 guest surface parking spaces, common open space areas, landscaping, and an approximately 3,200 square foot (SF) public amenity space including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street. The project is located at 13751 and 13841 Red Hill Avenue within the Red Hill Avenue Specific Plan (RHASP, SP- 13). C. That applications for DAs shall be processed in accordance with Section and Article 9, Chapter 6, DAs, of the Tustin City Code (TCC). D. That pursuant to the RHASP Section 6.7.1 (A)(10), the developer consents to enter into a mutually agreeable Development Agreement requested by the City to ensure the voluntary provision of community public benefits, by including four (4) affordable housing units for very low-income households, an approximately 3,200 square foot public amenity space including public art and gateway signage, on -street public parking bays along Red Hill Avenue, a new traffic signal on Red Hill Avenue at the project entry, and associated off -site improvements. E. 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. F. 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 Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4527 Page 3 in that residential and non-residential uses are permitted uses within the RHASP General Plan land use designation and the RHASP 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 69 market rate units and four (4) 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. 4. The project will not be detrimental to the health, safety and general welfare. The project will comply with the RHASP and TCC, as applicable pursuant to State Density Bonus Law, 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 four (4) Very Low Income units. 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. G. That the provisions of DA 2024-0004 are consistent with RHASP and the policies of the General Plan, as evidenced by the following findings: 1. That the project is adjacent to and surrounded by other residential and commercial uses promoting pedestrian -oriented development and a walkable community. 2. That residential uses are beneficial and compatible with adjacent uses consistent with the overall vision, goals and intent of the RHASP. 3. That the project would provide a new traffic signal and pedestrian crosswalk at the project entry, and Class II bike along the project frontage on Red Hill Avenue and to implement the City's vision for more bikeway and pedestrian access and connectivity in the Specific Plan area. Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4527 Page 4 4. That the project would implement the goals and objectives of the RHASP by providing enhanced streetscape improvements and a public amenity space with gateway signage, new crosswalks that connect to the commercial center across the street, new sidewalks, and internal pedestrian connectivity to common open space areas. The project implements the following: a. Goal 1. Enhance streetscape, landscape, and public amenities throughout the Specific Plan area. b. Objective 1-3. Encourage a "sense of place" within the Specific Plan area through quality site design, architectural design, and public improvements. c. Goal 2. Improve visual and functional connections and linkages between Red Hill Avenue, surrounding residential neighborhoods, adjacent public and institutional uses, and Interstate 5. d. Objective 2-1. Identify ways to improve and enhance linkages and connections between new development in the Specific Plan area and surrounding neighborhoods. e. Goal 5. Improve pedestrian and bike accessibility and vehicular circulation to minimize potential conflicts between different users and improve mobility throughout the Specific Plan area and connectivity with the greater community. f. Objective 6-1. Promote the development and maintenance of adequate parking facilities commensurate with parking demand. g. Goal 8. Ensure development within the Specific Plan area is sensitive to and compatible with surrounding land uses. 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 sixty-nine (69) market -rate for sale units and four (4) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will provide four (4) Very Low Income units, on a site identified on the City's Site Inventory. That the applicant requested use of a Community Facilities District (CFD) program through the California Municipal Finance Authority (CMFA) to finance public facilities and development impact fees (DIF); and Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4527 Page 5 That CMFA has established the Bond Opportunities for Land Development Program (the "BOLD Program") to allow the financing of certain public facilities and/or certain DIF levied by local agencies in the State to finance public facilities, through the levy of special taxes under the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"); and That the City of Tustin is currently a member of CMFA in good standing, such that only a new City Council Resolution is necessary to authorize participation in BOLD program. That on October 16, 2018, the Tustin City Council certified the Final Program Environmental Impact Report (EIR) for the Red Hill Avenue Specific Plan (RHASP) (SCH # 2017041031). K. That the City has prepared an Addendum to the Certified EIR for the Project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the Project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. L. That the Planning Commission continued the item from the April 22, 2025, meeting at the request of City staff to allow staff and the applicant additional time to finalize a few remaining technical issues. The item was continued to a date certain of May 13, 2025, and all remaining issues including the Development Agreement were resolved. M. That a public hearing was duly called, noticed, and held on said application on May 13, 2025, by the Planning Commission. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1566 approving DA 2024-0004, to accept the voluntary provision of community public benefits, by including four (4) affordable housing units for very low- income households, an approximately 3,200 square foot public amenity space including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street, on -street public parking bays along Red Hill Avenue, a new traffic signal on Red Hill Avenue at the project entry, and associated off -site improvements, relative to the construction of a new, residential condominium development at 13751 and 13841 Red Hill Avenue, as identified in Exhibit A attached hereto. Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4527 Page 6 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of May 2025. DocuSigned by: D3273B6D898A43D... For: TANNER DOUTHIT Chairperson Signed by: ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: DA 2024-0004 Exhibit B: Draft Ordinance No. 1566 APPROVED AS TO FORM: Signed Y V U(Ad vaj)-A _ 343ADCC69SE946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: 0691 EFAE-61`1 F-4A3D-969A-89805AEFOE93 Resolution No. 4527 Page 7 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. 4527 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13t" day of May, 2025. PLANNING COMMISSIONER AYES PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED PLANNING COMMISSIONER ABSENT: Signed by: d . In'uQek4 ,, ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary KOZAK. MASON. MELLO (3 DOUTHIT, HIGUCHI (2) 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 (2024-0004) between CITY OF TUSTIN and MERITAGE HOMES OF CALIFORNIA, INC. TABLE OF CONTENTS Page 1. Definitions........................................................................................................................2 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.....................................................................................................................6 3. Development of Project.................................................................................................7 3.1 Development Regulations for the Project Approvals....................................7 3.2 Development Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals............................................................................................................. 8 3.3 Other Governmental or Quasi -Governmental Permits.................................9 3.4 No Conflicting Enactments...............................................................................9 3.5 Reservations of Authority................................................................................10 3.6 Applicable Approvals.......................................................................................12 3.7 City Acceptance of Developer Improvements and Obligations ................12 4. Public Benefits..............................................................................................................13 4.1 Provision of Public Benefits............................................................................13 4.2 Effect of Public Benefits Default....................................................................14 5. Enforcement ..................................................................................................................14 6. Annual Review of Developer's Compliance With Agreement...............................14 6.1 General..............................................................................................................14 6.2 Developer Obligation to Demonstrate Good Faith Compliance................15 6.3 Procedure..........................................................................................................15 6.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Developer's Default.........................................................15 7. Events of Default..........................................................................................................15 7.1 General Provisions...........................................................................................15 7.2 City's Remedies................................................................................................16 7.3 Developer's Remedies....................................................................................16 7.4 Waiver................................................................................................................17 7.5 Additional City Remedy for Developer's Default.........................................17 10 11 12 TABLE OF CONTENTS Page 7.6 No Personal Liability of City or Developer Officials, Employees, or Agents................................................................................................................17 7.7 Recovery of Legal Expenses by Prevailing Party in Any Action...............17 ForceMajeure ...............................................................................................................17 Cooperation in the Event of Legal Challenge..........................................................18 9.1 Indemnity Arising From Acts or Omissions of Developer ..........................18 9.2 Third Party Litigation........................................................................................18 9.3 Environmental Indemnity................................................................................20 9.4 Labor Laws........................................................................................................20 Assignment....................................................................................................................20 10.1 Right to Transfers.............................................................................................20 10.2 Transfers Permitted Without City Consent...................................................21 10.3 City Consideration of Requested Assignment.............................................21 10.4 City Approval of Transferee............................................................................21 10.5 Assignment and Assumption Agreement.....................................................21 10.6 Liability of Transferor and Transferee...........................................................22 MortgageeRights.........................................................................................................22 11.1 Encumbrances on Property............................................................................22 11.2 Mortgagee Protection......................................................................................22 11.3 Mortgagee Not Obligated................................................................................22 11.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure....................23 Miscellaneous Terms...................................................................................................23 12.1 Notices...............................................................................................................23 12.2 Project as Private Undertaking......................................................................24 12.3 Cooperation.......................................................................................................24 12.4 Estoppel Certificates........................................................................................24 12.5 Rules of Construction......................................................................................25 12.6 Time Is of the Essence....................................................................................25 12.7 Waiver................................................................................................................25 12.8 Counterparts.....................................................................................................25 12.9 Entire Agreement.............................................................................................25 12.10 Severability........................................................................................................25 TABLE OF CONTENTS Page 12.11 Developer Deposit............................................................................................25 12.12 Construction......................................................................................................26 12.13 Successors and Assigns; Constructive Notice and Acceptance ..............26 12.14 No Third Party Beneficiaries...........................................................................27 12.15 Applicable Law and Venue.............................................................................27 12.16 Section Headings.............................................................................................27 12.17 Incorporation of Recitals and Exhibits..........................................................27 12.18 Recordation.......................................................................................................27 12.19 Administrative Amendments...........................................................................28 12.20 Authority to Execute.........................................................................................28 EXHIBITS Exhibit A Legal Description of Property Exhibit B Site Plan Exhibit C On Street Parking/Off-site Improvement Conceptual Plan Exhibit D Public Amenity Space Conceptual Plan Exhibit E Assignment and Assumption Agreement DEVELOPMENT AGREEMENT (2024-0004) (Pursuant to California Government Code sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the -th day of , 2025, and is being entered into by and between the CITY OF TUSTIN, a municipal corporation ("City"), and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation ("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 3.389 aces located in the City of Tustin, County of Orange, State of California, located at 13751 and 13841 Red Hill Avenue in the Red Hill Avenue Specific Plan (RHASP) (APN # 500-141-09 & 500-141-10) as legally described on Exhibit A and depicted on Exhibit B attached to this Agreement (the "Property"). The Property is owned by Space-IAG-I, LLC, a Delaware limited liability company ("Space"), and Developer is in escrow to acquire the Property from Space. B. Developer is proposing to develop the Property as a residential townhome development with 73 residential units (as further defined in Section 1 below, the "Project"). C. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Sections 65864 et seq., of the California Government Code. The Development Agreement Statute authorizes the City to enter into development agreements with persons or entities having legal or equitable interests in real property to establish predictability for both City and the property owner in the development process. 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. F. The following land use entitlements and agreements for the Project are being adopted and approved by the City Council concurrently with its approval of this Agreement ("Applicable Approvals"): (1) Final Approval of Residential Allocation Reservation (RAR) 2025-0001, (61 base residential units). (2) Design Review (DR) 2024-0014. (3) Development Agreement (DA) 2024-0004. (4) Subdivision (SUB) 2024-0005/Tentative Tract Map (TTM) No.19361. (5) Density Bonus request with five (5) percent of units identified as very low- income housing; one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); Twenty percent (20%) density bonus (12 units); (6) Senate Bill 330 Preliminary Application (PR) 2024-0002. G. City has determined that this Agreement and the Project are 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. 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. H. On , 2025, City's Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. I. On , 2025, 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. On , 2025, consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the City Council adopted its 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: 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 7.7 of this Agreement. "Affordable Units" means residential units affordable to very low income households to be sold by Owner pursuant to Section 4.1.7 below. 2 "Adopting Ordinance" shall have the meaning ascribed in Recital I of this Agreement. "Agreement" shall mean this Development Agreement. "Agreement Date" shall mean the date this Agreement is recorded in the Office of the Orange County Recorder. "Applicable Approvals" shall have the meaning ascribed in Recital F of this Agreement. "CEQK 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. "Cam" 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. "City Council" shall mean the governing body of the City of Tustin. "City's Affiliated Parties" shall have the meaning ascribed in Section 9.1 of this Agreement. "Claim" shall have the meaning ascribed in Section 9.1 of this Agreement. "Cure Period" shall have the meaning ascribed in Section 7.1 of this Agreement. "Damages" shall have the meaning ascribed in Section 7.3 of this Agreement. "Default" shall have the meaning ascribed to that term in Section 7.1 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 Meritage Homes of California, Inc., and any successor or assignee to all or any portion of the right, title, and interest of the Project. "Development Agreement Ordinance" shall mean 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 Exactions" shall mean the requirement of City in connection with or pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the construction or installation of any public improvement or facility, or the payment of any fee or charge in order to lessen, offset, mitigate, or compensate for the impacts of development of the 3 Project on the environment or other public interests, except as specifically excluded from such definition pursuant to Section 3.5.4. "Development Limitation" shall have the meaning ascribed in Section 2.3.3. "Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Agreement 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 Agreement Date. "Development Regulations" shall mean the following regulations as they are in effect as of the Effective 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 Red Hill Avenue Specific Plan and the Tustin City Code dealing with buildings and construction, subdivisions and inclusionary housing, 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 mean the later of the following two dates: (i) thirty (30) days after the date the Adopting Ordinance is approved by the City Council; or (ii) the date Developer acquires fee titled ownership of the Property. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. "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 seg., 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 seq., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq., 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 seq., as amended; the Occupational Safety 4 and Health Act, 29 U.S.C. Sections 651 et seq., as amended; and California Health and Safety Code Section 25100, et seg. "General Plan" shall mean City's General Plan in effect on the Effective 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 7.1 of this Agreement. "Party" or "Parties" shall mean either City or Developer or both, as determined by the context. "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, the Applicable Approvals, 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. "Subsequent Development 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 Effective 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 Agreement 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 Agreement 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 10.1 of this Agreement. 5 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. For avoidance of doubt, the permitted uses on the Property are residential and ancillary residential uses in connection with such uses as described by the Applicable Approvals. 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 Developer has an equitable interest to acquire fee simple title to the Property as of the Effective Date; (ii) if 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 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 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 Term. 2.3.1 The term of this Agreement (the "Term") shall commence on the Effective Date and shall extend until the Termination Date (as defined below). 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 any right or duty emanating from the Applicable Approvals or any Subsequent Development Approvals. 2.3.2 The "Termination Date" shall be the earliest of the following dates: (i) the fifth (5th) anniversary of the Effective Date, which may be extended pursuant to Sections 2.3.3 or 2.3.4; (ii) the date of termination of this Agreement by the City in accordance with Article7 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; (iii) 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 Development Exactions, 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; (iv) 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 (v) the date of adoption of a referendum measure overriding or repealing the Adopting Ordinance that is not subject to further appeal. 2.3.3 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 ("Development Limitation") during the Term, the Parties understand and agree that various third parties may take action causing a de facto Development Limitation. Consequently, the Term and the obligations imposed pursuant to this Agreement and the expiration date of all Applicable Approvals shall be extended day for day for any delay arising from or related to 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. 2.3.4 Unless otherwise agreed by the City Council in its sole discretion, the maximum Term of this Agreement shall be five (5) years from the Effective Date, subject to (i) any tolling(s) of the Term pursuant to Section 2.3.3 of the Agreement; or (ii) the issuance of one five (5) year mandatory automatic extension of the Term if Developer has pulled the twenty fifth (251n) building permit for the Project prior to the expiration of the Term and Developer is not in breach under the terms of the Agreement. 2.3.5 Notwithstanding any provision to the contrary herein, in the event that, for any reason whatsoever, Developer fails to acquire fee simple title to the Property ("Fee Title") within 210 days following the date the Adopting Ordinance is approved ("Fee Title Deadline"), Developer or City may elect, in each Party's sole and absolute discretion, and upon written notice to the other Party within sixty (60) days following the Fee Title Deadline, to terminate this Agreement and the Applicable Approvals. Effective upon such termination by either Party, this Agreement and the Applicable Approvals shall be of no further force or effect. If such termination occurs, the parties agree that all "applicable approvals" which were obtained by Space in connection with its project on the Property, shall automatically be reinstated. Notwithstanding the foregoing, any such reinstatement shall not extend the original term of the Applicable Approvals. 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 approval of RAR 2025-0001 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 Tentative Tract Map ("TTM"). 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 8. Other time extensions may be considered at the discretion of the City Community Development Director ("Director"), not to be unreasonably withheld, conditioned, or delayed. Developer's precise grading permit application shall comply with all requirements specified in City Code section 8909. The allocation of the 61 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 7 equivalent extension of time to use its RAR. If the City rescinds the code provision of 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 Development Approvals expeditiously, and within the time provided by Government Code section 65913.3. City shall prioritize the processing of all Subsequent Development 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 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 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 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. Notwithstanding the foregoing, due to Developer's submission of a preliminary application, which was deemed complete, pursuant to Government Code sections 65895.5 and 65941.1, the Development Impact Fees applicable to the Project are those Development Impact Fees, in both fee category and rate, which were in place the date Developer submitted its preliminary application, and these Development Impact Fees shall remain in effect throughout the Term. 3.2 Development Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals. 3.2.1 Other than as expressly set forth in this Agreement, during the Term of this Agreement, (i) Developer shall have the vested right to Develop the Project on and with respect to the Property in accordance with the terms of the Development Regulations, the Applicable Approvals and this Agreement and (ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein is intended to limit or restrict City's discretion with respect to (i) review and approval requirements contained in the Development Regulations, E:3 (ii) exercise of any discretionary authority City retains under the Development Regulations, (iii) the approval, conditional approval, or denial of any Subsequent Development Approvals that are required for Development of the Project as of the Effective Date, or (iv) any environmental approvals that may be required under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions referred to in clauses (i)-(iv) of this sentence, City reserves its full discretion to the same extent City would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Developer's rights with respect to any laws, regulations, rules, or official policies of any other governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the provisions set forth in this Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the date on which the City Council approves the Adopting Ordinance. Concerning any denials of any Subsequent Development Approvals, the City shall base such denials solely upon an application of the Development Regulations, the Applicable Approvals or this Agreement. 3.2.2 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. 3.2.3 Developer may apply to City for permits or approvals necessary to modify or amend the Development specified in the Development Regulations, 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 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. 3.3 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. 3.4 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 3.5 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 9 effective after the Agreement 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 consent judgment (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 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, the Applicable Approvals and the Development Regulations, notwithstanding adoption by City's electorate of an initiative to the contrary after the Agreement 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. 3.5 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 3.5 shall apply to and govern the Development of the Project on and with respect to the Property. 3.5.1 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. 3.5.2 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"). 3.5.3 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. 3.5.4 Development Exactions Applicable to Property. During the Term of this Agreement, unless otherwise prohibited or limited under state law, Developer shall be required to satisfy and pay all Development Exactions at the time performance or payment is due to the same extent and in the same amount(s) that would apply to Developer and the Project in the absence 10 of this Agreement; provided, however, that to the extent the scope and extent of a particular Development Exaction for the Project has been established and fixed by City in this Agreement or the conditions of approval for any of the Applicable Approvals or Development Regulations approved on or before the Effective Date, the City shall not alter, increase, or modify said Development Exaction in a manner that is inconsistent with this Agreement or such conditions of approval for any of the Applicable Approvals or such Development Regulations without Developer's prior written consent or as may be otherwise required pursuant to overriding federal or state laws or regulations (Section 3.5.5 hereinbelow). Notwithstanding any other provision of this Agreement, nothing in this Agreement is intended or shall be deemed to vest Developer against the obligation to pay any of the following (which are specifically excluded from the definition of "Development Exactions") in the full amount that would apply in the absence of this Agreement: (i) City's normal fees for processing, environmental assessment and review, tentative tract and parcel map review, plan checking, site review and approval, administrative review, building permit, grading permit, inspection, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting project applications, plans, and specifications; (ii) fees and charges levied by any other public agency, utility, district, or joint powers authority, regardless of whether City collects those fees and charges; or (iii) community facility district special taxes or special district assessments or similar assessments, business license fees, bonds or other security required for public improvements, transient occupancy taxes, sales taxes, property taxes, sewer lateral connection fees, water service connection fees, new water meter fees, park fees and the New Construction Tax (as described in Section 2601 of the Tustin City Code.) 3.5.5 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 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. 3.5.6 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, based upon objective identified written health or safety standards, policies or conditions as they existed on the Effective Date, shall apply to the Property, even though the application of the 11 ordinance, resolution, rule regulation, program, or official policy would result in the impairment of Developer's vested rights under this Agreement. 3.5.7 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. 3.5.8 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 of Tustin as and when service connections are provided and service commences). 3.6 Applicable Approvals. 3.6.1 Subdivision Map. Pursuant to Government Code Section 66452.6 and any other applicable provisions of the Government Code, the term of the TTM and any other subdivision or parcel map that is approved for all or any portion of the Property shall be extended 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. 3.6.2 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. 3.6.3 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. 3.7 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 promptly 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. 12 3.8 Community Facilities District 3.8.1 Formation of the CFD 3.8.1.1 Formation. Developer shall, pursuant to the Mello Roos Act, submit a petition to the City or, alternatively, to the California Municipal Financing Authority ("CMFA") for participation in CMFA's Bond Opportunities for Land Development ("BOLD") program, or similar CFD authority and associated program, for the formation of a community facilities district, the boundaries of which shall include those of the Property ("CFD"). If the City prefers that CMFA form the CFD, City shall approve a resolution authorizing the use of the BOLD program, and Developer may submit an application for formation of a CFD through the BOLD program. The agency that forms the CFD for the Property, shall be referred to in this Section 3.8 as the "Issuer." If City is the Issuer, City shall initiate the CFD formation process promptly following submission of Developer's petition and compliance with Section 53318(d) of the Mello -Roos Act, and shall use good faith, diligent efforts to timely form the CFD. Developer agrees to cooperate in the formation and agrees to vote in favor of the formation of the CFD for which it has petitioned. If CMFA, or similar CFD authority is the Issuer, City agrees to cooperate and participate, as needed, with Developer and CMFA, or similar CFD authority, in the formation of the CFD, including providing its consent and approval of a joint community facilities agreement ("JCFA") with CMFA. 3.8.1.2 Authorized Uses. The CFD shall be authorized to finance (i) public infrastructure required to be constructed under the Development Agreement, including without exception, public streets, highways, and bridges, and other related improvements such as grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway landscaping related thereto, water facilities, storm drain facilities, sewer facilities, public parks, landscaping, electrical facilities, (collectively, "Authorized Facilities"), and (ii) Development Impact Fees. 3.8.1.3 Joint Community Facilities Agreements. In addition to the JCFA described above, the Issuer may enter into a JCFA with another Governmental Entity that will own or operate any of the Authorized Facilities. If the City is the Issuer, the City and Developer agree that to the extent required for compliance with the Mello Roos Act, they will each take all steps reasonably necessary to procure the authorization and execution of any such JCFA with any such Governmental Entity before the issuance of any CFD Bonds (as defined below) that will finance Authorized Facilities that will be owned or operated by such Governmental Entity. The City and Developer do not currently anticipate that any of the Authorized Facilities will be owned by a Governmental Entity other than the City. 3.8.1.4 Notice of Special Tax Lien. Special Taxes shall be secured by recordation in the Official Records of the County of Orange of a continuing lien against the Property. 3.8.1.5 RMA. Developer and the Issuer shall cooperate in developing the rate method and apportionment of Special Taxes for the CFD ("RMA") and each shall use good -faith reasonable efforts at all times to furnish timely to the other, or to obtain and then furnish timely to the other, any information reasonably necessary to develop the RMA. The RMA shall provide, in part, (i) for the levy of a special tax ("Special Tax") in an amount requested by Developer, provided that the total effective property tax rates for residential units to be built on the Property do not exceed 2% of the estimated value of such units, (iii) that the Special Tax may increase annually by up to 2%, commencing July 1 following the fiscal year commencement of the levy, and continuing each fiscal year thereafter, (iv) the levying of Special Taxes to accumulate funds 13 to pay directly for acquisition or construction of Authorized Facilities before CFD Bonds have been issued, and at the discretion of the Issuer, following the issuance of CFD Bonds and after bond debt service has been paid, and (v) the prepayment in full, or in part, of the Special Taxes. 3.8.2 Issuance of CFD Bonds 3.8.2.1 Issuance. Upon the request of the Developer to have bonds secured by the levy of Special Taxes ("CFD Bonds") issued, the City shall cooperate with the Developer and Issuer in any such issuance. If the City is the Issuer, promptly following Developer's request, Developer and the City shall meet with the City and its public financing consultants to determine the reasonable and appropriate issuance date and the amount of the issuance, and thereafter, use good faith, diligent efforts to timely have the CFD Bonds issued, including the scheduling of necessary public hearings and/or City Council approvals related thereto. If CMFA is the Issuer, the City agrees to cooperate in the process and agrees that under no circumstances will it hinder or prevent the issuance of the CFD Bonds. In connection with CFD Bonds, the Parties agree to the following: 3.8.2.2 Value -to -Lien Ratio. The appraised or assessed value -to -lien ratio required for the issuance of CFD the Developer and Issuer. Bonds shall be three to one (3:1), or otherwise approved by 3.8.2.3 Coverage Ratio. The CFD Bonds shall have a debt service coverage - ratio of one hundred ten percent (110%), unless otherwise approved by the Developer and the Issuer. 3.8.2.4 Term. The CFD Bonds shall have a term of not less than thirty (30) years and not more than forty (40) years, unless otherwise approved by the Developer and Issuer. 3.8.2.5 Credit Enhancement. The City shall not require the Developer to provide a letter of credit or other credit enhancement as security for the payment of Special Taxes in the CFD in connection with the issuance of CFD Bonds, or otherwise. 3.8.3 Acquisition Agreement. Prior to, or contemporaneously with, the approval of a resolution to issue the CFD Bonds, Developer and the Issuer shall enter into an Acquisition Agreement that shall apply to the acquisition and construction of the Authorized Facilities and reimbursement of Fees and have such agreement brought before City Council for approval. 3.8.4 Citv Council/Governina Board Authorization Notwithstanding the foregoing, it is acknowledged and agreed by the Parties that nothing contained in this Section 3.8 shall be construed as committing or requiring the City Council or the governing body of CMFA, if applicable, to authorize and approve the formation of the CFD and/or the issuance of the CFD Bonds. 3.8.5 No Other Land -Secured Financin Except to the extent explicitly permitted under this Agreement, the City shall not initiate the formation of any new land -secured financing district involving the levy of special taxes or assessments on the Property. 14 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 Amenities. The Project includes an approximately 3,500 square foot public amenity space located at the southwest corner of San Juan Avenue and Red Hill Avenue that is easily accessible to the public and includes a decorative wall, seating, landscaping, and lighting, as more specifically identified on 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"). The Public Amenity Space shall be privately owned and be accessible to the public. Developer shall have the right to reasonably limit the hours the Public Amenity Space can be used by the public, and Developer shall have the right to place reasonable limitations on the uses of the Public Amenity Space. Developer shall complete construction of the Public Amenity Space prior to issuance of the seventieth (70th) building permit for the Project. Developer shall maintain, or, following formation thereof, shall cause the homeowners' association for the Project ("HOX) 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 On -Street Parking. Provision of on -street vehicular parking spaces immediately adjacent to Red Hill Avenue in front of the proposed project). Per the Red Hill Avenue Specific Plan, the ultimate condition of southbound Red Hill Avenue in front of the proposed project will comprise of the following and as conceptually depicted in Exhibit C ("On -Street Parking/Off-site Improvement Conceptual Plan"): • a ten (10) foot median, • an 11'-10'-10' travel lanes, • a nine (9) foot bike lane [including three (3) foot buffer], • a 9' on -street public parking, and • a six (6) foot sidewalk. An alternative can be negotiated based on mutual agreement with the parties and subject to review and approval by the City Engineer. 4.1.3 Design and construction of traffic signal at the intersection of Red Hill Avenue and the main project entrance including traffic signal and any equipment associated with the installation and any surface improvements associated with the new signalized intersection along the east side of Red Hill Avenue. 4.1.4 Gateway Signage. Construction and installation of gateway signage designating the corridor as the beginning of the Red Hill Avenue Specific Plan area at the southwest corner of San Juan Street and Red Hill Avenue, as identified in the RHASP. Said signage shall be subject to the review and approval by the Community Development Department. 15 4.1.5 Public Art. As addressed in Section 5.6.3 of the RHASP, Developer shall agree to provide an art program, as described herein (the "Public Art"). An art consultant, mutually selected by the parties, shall be responsible for selecting the Public Art for the Project ("Art Program Consultant"). The Art Program Consultant may use other consultants to perform Public Art. Developer and the Art Program Consultant shall use reasonable efforts to solicit input from the City regarding the selection of the Public Art. Per RHASP Section 5.6.3, Public Art shall be subject to review and approval by the Director. Developer shall provide the Public Art application/submission to the City within 270 days of the issuance of the Project's first building permit, The Parties agree to act in good faith to agree upon the Public Art. If the Director does not approve the Public Art within 90 days of submission by Developer, then Developer, at its sole option, may choose to pay the City $100,000 to be used by the City to provide public art outside the Project site. Such payment shall constitute complete compliance with this Section 4.1.4. If the Parties agree upon the Public Art, the Public Art shall be completed prior to issuance of the Project's final certificate of occupancy. 4.1.6 Park Fee Credit. Developer shall dedicate an easement, either on the Final Map of the TTM or by separate instrument, providing public access to the Public Amenity Space during typical City park hours. Due to Developer's dedication and construction of the Public Amenity Space, Developer shall receive a credit ("Park Fee Credit") against fees owed to provide parkland, as permitted by City Code section 9331, subdivision (d)(6) 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. Developer may apply the Park Fee Credit against Developer's obligation to pay the required Park Fee, which otherwise would be paid at issuance of building permit issuance. Upon dedication of the easement and completion of the Public Amenity Space, the Parties shall determine the actual amount of the Park Fee Credit, and determine what additional Park Fees, if any, will have to be paid by Developer for the remainder of the Project. 4.1.7 Affordable for Sale Units. Developer shall provide four of the 61 base units (equal to five percent of base 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 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. 4.2 Effect of Public Benefits Default. Notwithstanding any other provision of this Agreement to the contrary, if any payment under this Article 4 is not made or any obligation requiring performance is not timely performed by Developer, subject to the provisions of Section 7.1 of this Agreement, the City may withhold further issuance of building permits or other approvals, including final maps, for the Project and the Property, until such time as Developer has made the required payment or undertaken the required performance. 5. Enforcement. Unless this Agreement is amended, canceled, modified, or suspended as authorized herein or pursuant to California Government Code Section 65869.5, this Agreement shall be enforceable by either Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property. 16 6. Annual Review of Developer's Compliance With Agreement. 6.1 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, as the same may be amended from time to time. Developer (including any successor to the owner executing this Agreement on or before the Effective Date) shall pay City a reasonable fee in an amount City may reasonably establish, based upon City's actual costs, from time to time 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. 6.2 Developer Obligation to Demonstrate Good Faith Compliance. During each annual review by City, Developer is required to demonstrate good faith compliance with the 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. 6.3 Procedure. The City shall conduct its annual review of the Agreement in accordance with Tustin City Code Section 9617, as the same may be amended from time to time. 6.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Developer's Default. The annual review procedures set forth in this Article 6 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 City Code Section 9617 (as of the Effective Date) and this Article 6 shall supplement and shall not replace the provision of Article 7 of this 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 7.1. 7. Events of Default. 7.1 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"). In the event of a 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 period, the Cure Period timeframes specified in this Section 7.1 shall apply. In addition, in the case of an alleged default by Developer, Developer may appeal such Notice of Default to the City Council, which shall conduct a noticed public hearing on the Notice of Default. If the City Council denies the appeal and determines that 17 the Notice of Default was properly issued, the timeframes specified in this Section 7.1 shall apply; provided, however, that such determination shall not preclude Developer from challenging such claimed default in any Action and the City Council's determination shall not be given any special deference by the adjudicator in such Action. 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 defaulting Party shall have such additional time as is reasonably necessary to cure such Default. 7.2 City's Remedies. In the event of a Default by Developer under this Agreement that is not cured during the Cure Period, City 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) termination of this Agreement; or (3) Seeking any other remedy available at law or in equity, provided, however, except as provided in Section 7.7 below with respect to recovery of legal expenses, City agrees and covenants on behalf of itself and it 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 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, any Subsequent Development Approvals, or any permits or entitlements sought in connection with 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, to secure Developer's compliance with its obligations under this Agreement. Therefore, City agrees that Developer, 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. The limitation of Damages specified in this Section 7.2 does not preclude City from recovering from Developer all costs and expenses, including attorneys' fees, specified in Section 7.7 of this Agreement. Furthermore, City, in addition to or as an alternative to exercising the remedies in this Section 7.2, 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 IN 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). 7.3 Developer's Remedies. In the event of a Default by City under this Agreement that is not cured during the Cure Period, 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) termination of this Agreement; or (3) Seeking any other remedy available at law or in equity, provided, however, except as provided in Section 7.7 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 or monetary relief for any breach of this Agreement or arising out of or connected with any dispute, controversy or issue regarding the application or effect of this Agreement, or 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, any Subsequent Development Approvals, or any permits or entitlements sought in connection with development or use of the Property or Project, or any portion thereof. 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. The limitation of Damages specified in this Section 7.3 does not preclude Developer from recovering from City all costs and expenses, including attorneys' fees, specified in Section 7.7 of this Agreement. In addition, Developer shall have the right to sue City for monetary damages based upon an alleged breach of Section 4.1.6 of this Agreement. 7.4 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. 7.5 Additional City Remedy for Developer's Default. In the event of any Default by Developer, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications, or improvements to public property which it may have received prior to Developer's Default without recourse from Developer or its successors or assigns. 7.6 No Personal Liability of City or Developer Officials, Employees, or Agents. No City or Developer official, employee, or agent shall have any personal liability hereunder for a Default by City or Developer of any of its obligations set forth in this Agreement. 7.7 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 19 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.. 8. 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, earthquakes, other acts of God, fires, wars, riots or similar hostilities, pandemics, epidemics, strikes or other labor difficulties, state or federal regulations or court actions, action or inaction by the State or any public agency, utility, district, or joint powers authority other than City, or other similar or related items outside of such Party's reasonable control (financial inability expressly excluded). 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. 9. Cooperation in the Event of Legal Challenge 9.1 Indemnity Arisina From Acts or Omissions of Devel 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. The indemnity provisions in this Section 9.1 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive the Termination Date. Notwithstanding the foregoing, Developer's indemnity obligations specified in this Section 9.1 regarding Developer's design, construction or dedication of public improvements shall terminate one (1) year after City accepts Developer's offer of dedication of public improvements. 9.2 Third Party Litigation. 9.2.1 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, 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. City's separate counsel's billing rates shall be identical to the rates City pays for its typical municipal litigation rates for legal challenges of the variety being defended. 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. 9.2.2 Actions Furthering the Protect 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 Development 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. Notwithstanding the foregoing, if such litigation results in an outcome which enables Development of the Project to proceed, Developer may recover any sums City owes Developer due to Developer's construction of oversized public facilities, pursuant to any reimbursement agreement entered into between the parties. 9.2.3 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. 9.2.4 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. 9.2.5 Indemnification. In addition to its indemnity obligations set forth in Section 9.1, Developer shall indemnify, defend, and hold harmless City and City's Affiliated 21 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 cooperate with Developer in an effort to minimize the total litigation expenses incurred by Developer, as more specifically stated in Section 9.2.1, including that if Developer elects not to defend any such third -party action but City wishes to undertake such defense, Developer shall have no obligation to indemnity or defend City 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. Notwithstanding the foregoing, Developer's indemnity obligations specified in this Section 9.2.5 regarding Developer's design, construction or dedication of public improvements shall terminate one (1) year after City accepts Developer's offer of dedication of public improvements. This Section 9.2.5 is intended to be interpreted consistent with Government Code section 66474.9. 9.3 Environmentallndemn In addition to its indemnity obligations set forth in Section 9.1, 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 9.3 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 9.3, "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. 9.4 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 City's Affiliated Parties 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, 22 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. 10. Assignment. 10.1 Right to Transfers. Developer shall have the right to sell and convey all or a portion of the Property and, upon approval of City, which approval shall not be unreasonably withheld, conditioned, or delayed to transfer or assign (hereinafter, a "Transfer" or "Transfers") Developer's interest in this Agreement, 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 Transferee"); provided, however, that no sale and conveyance of all or a portion of the Property 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 10.3 and 10.4. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Developer under this Agreement that are assigned to such Permitted Transferee with respect to the portion of, or interest in, the Property conveyed to such Permitted Transferee; provided, however, that in the event of a conveyance 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 of this Agreement 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 any conveyance of all or a portion of the Property, including, without limitation, conveyances to governmental entities, future residents, tenants, or a homeowners' association. 10.2 Transfers Permitted Without City Consent. Notwithstanding Section 10.1, the following Transfers of this Agreement shall not require City consent: (i) transactions for financing purposes, including as needed to secure funds necessary for Project construction, and (ii) transactions with a "Developer Affiliate," with 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 of all or any portion of this Agreement to a Developer Affiliate, Developer shall provide notice to the City in the form of the Assignment and Assumption Agreement, as defined in Section 10.5, within ten (10) days after the Transfer. 10.3 City Consideration of Requested Assignment. When consent of a Transfer of this Agreement is required, the City agrees that it will not unreasonably withhold, condition, or delay approval of a request for approval of a Transfer of this Agreement made pursuant to this Article 10 that requires City approval, provided the Developer delivers written notice to the City requesting such approval, consistent with Section 10.4. 10.4 City Approval of Transferee. Within thirty (30) days after the effective date of any proposed Transfer of this Agreement requiring City consent, Developer (as transferor) shall: 23 Notify the City, in writing, of such proposed Transfer, consistent with Section 10.3; and ii. Deliver to the City an Assignment and Assumption Agreement, as defined in Section 10.5. Within five (5) days after the receipt of Developer's written notice requesting City approval of a Transfer of this Agreement, 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 Transfer of this Agreement. If no response is received from the City with the requisite time period set for in this Section 10.4, the Transfer is deemed approved. 10.5 Assignment and Assumption Agreement. Prior to any Transfer of this Agreement (whether or not a Transfer 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 materially in the form attached hereto as Exhibit E (an "Assignment and Assumption Agreement"). 10.6 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 this Agreement Transferred and the portion of the Property conveyed in connection therewith: (i) the transferring Developer no longer has a legal or equitable interest in the portion of the Property so conveyed 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; and (iii) the transferring Developer has provided City with the Assignment and Assumption Agreement. In the case of partial Transfers of this Agreement, 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 7.1 and 7.2 against both the Developer and Permitted Transferee. 11. Mortgagee Rights. 11.1 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 with any mortgage, deed of trust or other security device securing financing with respect to the Property ("Mortgage"). Notwithstanding section 12.4, the City shall provide to any mortgagee an 24 estoppel certificate in form and content reasonably acceptable to the City within ten (10) days of written request therefor. 11.2 Mortgagee Protection. 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. 11.3 Mortgagee Not Obligated. Notwithstanding the provisions of this Section 11, 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. 11.4 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 annual 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 any 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. 12. Miscellaneous Terms. 12.1 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; or delivered by a reliable courier service that provides a receipt 25 showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: TO CITY: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Manager With a copy to: Woodruff & Smart 555 Anton Boulevard, Ste 1200 Costa Mesa, CA 92626 Attn: David E. Kendig, Esq. TO DEVELOPER: MLC/Meritage Homes 5 Peters Canyon Rd Suite 310 Irvine, CA 92606 Attn: Johanna Crooker With a copy to: Allen Matkins Leck Gamble Mallory Natsis LLP 2010 Main Street, Eighth Floor Irvine, CA 92614 Attn: John Condas Either Party may change the address stated in this Section 12.1 by delivering notice to the other Party in the manner provided in this Section 12.1, and thereafter notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the date received, as evidenced by the customary receipt of delivery as provided above. 12.2 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 Parties is that of a government entity regulating the Development of private property by the owner of the property. 12.3 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. 12.4 Estoppel Certificates. At any time, either Party may deliver written notice to the other Party requesting that the other Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and 26 effect and is binding on the other 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. 12.5 Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; and "may" is permissive. 12.6 Time Is of the Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 12.7 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. 12.8 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. 12.9 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. 12.10 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 27 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. In such a situation, City shall not receive any of the benefits of this Agreement. The provisions of this Section 12.10 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall not survive the Termination Date. 12.11 Developer Deposit. Developer shall, within thirty (30) business days after the later of the Effective Date and Developer's acquisition of fee title to the Property, deliver to the City in cash or cash equivalent funds, a deposit in the amount requested by the City based on the City's estimated City Processing Fees including staff time required to complete plan check and perform inspections (the "City Costs Deposit"), which amount shall be deposited by City in an account in a bank or trust company selected by the City and with no requirement that such account be interest bearing. If any interest is paid on such account, such interest shall accrue to any balances in the account for the benefit of the City. If at any time prior to the issuance of the final certificate of occupancy for a residential unit on the Property, the amount of funds in the City Costs Deposit account is depleted below Ten Thousand Dollars ($10,000), Developer shall be required to deposit with the City each time an additional Twenty Thousand Dollars ($20,000) or such other amount as the City may specify as required in City's estimation to cover the cost of City Processing Fees, including as required to complete plan check and perform inspections, which shall be credited to the City Costs Deposit. Each such payment shall be deposited by the City into the City Costs Deposit account and shall be applied to City Processing Fees. The City Costs Deposit has been established to fund the City Processing Fees and shall be used by the City for such purpose and shall be depleted accordingly. Immediately upon incurring any City Processing Fees or costs or receipt of an invoice from third parties for same, the City shall have the right to deduct the amounts due it on account thereof from the City Costs Deposit The City Costs Deposit shall be retained by the City until the date of issuance of the final certificate of occupancy for a residential unit on the Property and the remaining amount of the City Costs Deposit then held by the City, if any, shall be promptly returned by the City to Developer thereafter, provided that the return of such funds shall not terminate the obligations of Developer to pay all City Processing Fees arising or incurred prior to issuance of the final certificate of occupancy for the final residential unit on the Property. Developer shall pay any outstanding amounts due with respect to City Processing Fees to the City within thirty (30) calendar days following receipt of an invoice from the City therefor, provided that the City shall first apply the amount of the City Costs Deposit, if any, then held by it in satisfaction of such invoice, and shall reflect the amount of such credit on the invoice. 12.12 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. RZI 12.13 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 12.13 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 10 or is a Permitted Transferee under this Agreement. 12.14 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. 12.15 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. 12.16 Section Headings. All Section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement. 12.17 Incorporation of Recitals and Exhibits. All of the Recitals are incorporated into this Agreement by this reference. Exhibits A, B C, D and E are attached to this Agreement and incorporated by this reference as follows: EXHIBIT DESCRIPTION DESIGNATION A Legal Description of Property B 1. Site Plan e EXHIBIT DESIGNATION DESCRIPTION C On Street Parking/Off-site Improvement Conceptual Plan D Public Amenity Space Conceptual Plan E Assignment and Assumption Attachment 12.18 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 Effective Date or Termination Date. 12.19 Administrative Amendments. Any amendment to this Agreement which does not relate to the Term, permitted uses of the Project, provisions for the utilization of Residential Allocation Reservation, Development Exactions, the conditions, terms, restrictions and requirements relating to the Applicable Approvals or Public Benefits shall be considered an "Administrative Amendment". The City Manager or his/her assignee is authorized to execute Administrative Amendments on behalf of City and no action by the Planning Commission or the City Council (and no noticed public hearing) shall be required before the Parties may enter into an Administrative Amendment. However, if in the judgment of the City Manager it is determined that a proposal is not an Administrative Amendment or that the proposed Administrative Amendment should be considered by the approval bodies of the City, the City's Planning Commission shall conduct a noticed public hearing to consider whether the Administrative Amendment should be approved or denied, and shall make a recommendation to the City Council on the matter. The City Council shall conduct a noticed public hearing to consider the request and the Planning Commission's recommendation on the matter. At the conclusion of the public hearing, the City Council may approve, deny, or conditionally approve the amendment. 12.20 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] 30 ATTEST: Erica N. Yasuda, City Clerk APPROVED AS TO FORM: David E. Kendig, City Attorney SIGNATURE PAGE TO DEVELOPMENT AGREEMENT "DEVELOPER" Meritage Homes of California, Inc. By: Name: Its: "CITY" CITY OF TUSTIN By: Aldo E. Schindler, City Manager 31 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 32 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1, PER MAP FILED IN BOOK 52, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2, OF PARCEL MAP, PER MAP FILED IN BOOK 52, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SITE ADDRESS: 13751 RED HILL AVENUE, TUSTIN, CA 92780 13841 RED HILL AVENUE, TUSTIN, CA 92780 ASSESSOR'S PARCEL NUMBERS: APN 500-141-10 APN 500-141-09 A-1 Eala��� �jj�a�l dl�l���laaa9l�� EXHIBIT B SITE PLAN hVMJ,3��tl �N1151X3 390691-00001 1279837.13 a03/06/25 1596301.2 m EXHIBIT C ON STREET PARKING/OFF-SITE IMPROVEMENT CONCEPTUAL PLAN EXHIBIT D PUBLIC AMENITY SPACE CONCEPTUAL PLAN UNIT t PARK 3 (0.08 AC) CONCEPTUAL PRIVATE PARK PROGRAM � 11 12 13 - WATER EASEMENT O Secondary Gateway Monumentatlon 1B Tubular Steel Fencingl Access Gate 0 7 -'Red Hill Distncf signage - Controlled acress to neighborhood enclays 15 22 O I -Demrahvewall-potential rin—mural - Illuminaled san 11 O Screen Hedge 9 -Accent planting 72 SWalk ® 8 zO Orchard Heritage Basque t3 6' Planted Parkway • • r� • • �_ -Accent treesin raised planters -Accent Tree Lighting t4 9' Planted Parkway UNIT _ Decorative Plaza 'Pavement to Planting Area Enhancedpining, color and finish - Material to Corm a natural barricade with deterrent Materials to mimic uop rows properties t T.- O Q Open Turf Community Gathering Space Festoon Lighting 1e street pedj g 4 • ` - -Natoral Tud 1 AC Units Behind Fence with Gravel Base _ 20 21 O5 Hertage lnformatienal 5ignage is Unit Accent Tree Historical inromration- orchadisignificance to Curb Ramp Comer • • • • -vertical Displays -Accent Lighting 20 Canopy Street Tree C11 4 Trash Receptacle (2) zt Bench (4) O 20 �• Q7 Bicycle Racks (2) zz -lint—diale ar .1, PetWaste Dispenser 18 Qe 6'x 6' Planter Pot on Concrete Pad - - - Bosque Heritage Trees 10' x 10' Planter (9) 12 - -Accent Base Plantings e tg NOTEPrivately owned, publicly accessible amenity space_ 104 RED HILLAVENUE 20 EXHIBIT E ASSIGNMENT AND ASSUMPTION AGREEMENT 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 AGREEMENT ("[Partial] Assignment") is entered and between ("Assignee") AND ASSUMPTION OF DEVELOPMENT into as of , 20_ (the "Effective Date"), by ("Assignor"), and RECITALS A. Meritage Homes of California, Inc. (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, Orange 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 to Assignee 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 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 10.5 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. 5. Miscellaneous. 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 internal laws of the State of California, without regard to conflicts of law principles. 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 Orange 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: With a copy to: Attn: [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 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: CONSTRUCTION PHASING PLAN 'i AVM191IV 9NIJ54X3 ORDINANCE NO. 1566 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT (DA) 2024-0004 BETWEEN THE CITY OF TUSTIN AND MERITAGE HOMES OF CALIFORNIA, INC. TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING FOUR AFFORDABLE HOUSING UNITS FOR VERY -LOW INCOME HOUSEHOLDS, A PUBLIC AMENITY SPACE INCLUDING PUBLIC ART AND GATEWAY SIGNAGE AT THE CORNER OF RED HILL AVENUE AND SAN JUAN, ON -STREET PUBLIC PARKING BAYS ALONG RED HILL AVENUE, A NEW TRAFFIC SIGNAL, AND ASSOCIATED OFF - SITE IMPROVEMENTS FOR A NEW RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE 73 RESIDENTIAL CONDOMINIUM UNITS, INCLUDING FOUR AFFORDABLE UNITS, ON APPROXIMATELY 3.39 ACRES AT 13751 AND 13841 RED HILL AVENUE The City Council of the City of Tustin, California, 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 Meritage Homes of California, Inc. for a Residential Allocation Reservation (RAR) 2025-0001, Design Review (DR) 2024-0014, Development Agreement (DA) 2024-0004, Subdivision (SUB) 2024-0005/ Tentative Tract Map (TTM) No. 19361, and Density Bonus Requests with the provisions of five percent of units identified as very - low income housing with a request for density bonus of twenty (20) percent (61 base units, plus 12 density bonus units); for one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); and use of State Density Bonus Law parking standards; to construct a new, residential condominium development project that would include seventy-three (73) residential condominium units in nine (9) buildings, including four (4) affordable units, on approximately 3.39 acres. The project would also include an enclosed, two -car garage and private open space for each dwelling unit, a total of 18 guest surface parking spaces, common open space areas, landscaping, and an approximately 3,200 square foot (SF) public amenity space including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street. The project is located at 13751 and 13841 Red Hill Avenue within the Red Hill Avenue Specific Plan (RHASP, SP-13). B. That applications for DAs shall be processed in accordance with Section and Article 9, Chapter 6, DAs, of the Tustin City Code (TCC). Ordinance No. 1566 Page 2 of 6 C. That pursuant to the RHASP Section 6.7.1 (A)(10), the developer consents to enter into a mutually agreeable Development Agreement requested by the City for the voluntary provision of community public benefits, by including four (4) affordable housing units for very low-income households, an approximately 3,200 square foot public amenity space including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street, on -street public parking bays along Red Hill Avenue, a new traffic signal on Red Hill Avenue at the project entry, and associated off -site improvements.. 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 Development Agreement. In compliance with TCC Section 9611, the Tustin Planning Commission shall make a recommendation on the proposed Development Agreement (DA) 2024-0004 to the City Council. F. 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 RHASP General Plan land use designation and the RHASP 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 sixty-nine (69) market -rate for sale units and four (4) 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 RHASP, 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 Ordinance No. 1566 Page 3 of 6 existing and future residents and businesses in the City. 6. That the approval of the DA will provide four (4) Very Low Income units. 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. G. That the provisions of DA 2024-0004 are consistent with RHASP and the policies of the General Plan, as evidenced by the following findings: That the project is adjacent to and surrounded by other residential and commercial uses promoting pedestrian -oriented development and a walkable community. 2. That residential uses are beneficial and compatible with adjacent uses consistent with the overall vision, goals and intent of the RHASP. 3. That the project would provide a new traffic signal and pedestrian crosswalk at the project entry, and Class II bike along the project frontage on Red Hill Avenue and to implement the City's vision for more bikeway and pedestrian access and connectivity in the Specific Plan area. 4. That the project would implement the goals and objectives of the RHASP by providing enhanced streetscape improvements and a public amenity space with gateway signage, new crosswalks that connect to the commercial center across the street, new sidewalks, and internal pedestrian connectivity to common open space areas. The project implements the following: a. Goal 1. Enhance streetscape, landscape, and public amenities throughout the Specific Plan area. b. Objective 1-3. Encourage a "sense of place" within the Specific Plan area through quality site design, architectural design, and public improvements. c. Goal 2. Improve visual and functional connections and linkages between Red Hill Avenue, surrounding residential neighborhoods, adjacent public and institutional uses, and Interstate 5. d. Objective 2-1. Identify ways to improve and enhance linkages and connections between new development in the Specific Plan area and surrounding neighborhoods. e. Goal 5. Improve pedestrian and bike accessibility and vehicular circulation to minimize potential conflicts between different users and improve mobility throughout the Specific Plan area Ordinance No. 1566 Page 4 of 6 and connectivity with the greater community. f. Objective 6-1. Promote the development and maintenance of adequate parking facilities commensurate with parking demand. g. Goal 8. Ensure development within the Specific Plan area is sensitive to and compatible with surrounding land uses. 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 sixty-nine (69) market -rate for sale units and four (4) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will provide four (4) Very Low Income units on site. That the applicant requested use of a Community Facilities District (CFD) program through the California Municipal Finance Authority (CMFA) to finance public facilities and development impact fees (DIF); and That CMFA has established the Bond Opportunities for Land Development Program (the "BOLD Program") to facilitate the financing of certain public facilities and/or certain DIF levied by local agencies in the State to finance public facilities, through the levy of special taxes under the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"); and That the City of Tustin is currently a member of CMFA in good standing, such that only a new City Council Resolution is necessary to authorize participation in BOLD program. That on October 16, 2018, the Tustin City Council adopted Ordinance No. 1498 adopting and certifying the Final Program Environmental Impact Report (EIR) and Mitigation Monitoring and Report Program (MMRP) for the Red Hill Avenue Specific Plan (RHASP). K. That the City has prepared an Addendum to the Certified EIR for the Project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the Project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. Ordinance No. 1566 Page 5 of 6 L. That the Planning Commission continued the item from the April 22, 2025, meeting at the request of City staff to allow time for staff and the applicant to finalize remaining technical issues. The item was continued to a date certain of May 13, 2025, and all remaining issues were resolved. M. That a public hearing was duly called, noticed, and held on said application on May 13, 2025, by the Planning Commission. The Planning Commission adopted Resolution No. 4527 recommending that the City Council approve the DA. N. That a public hearing was duly called, noticed, and held on said application on , 2025 by the City Council. SECTION 2. The City Council hereby approves DA 2024-0004 attached hereto as Exhibit A and subject to final approval of the City Attorney. SECTION 3: This ordinance shall become effective 30 days after its adoption, on , 2025. SECTION 4: As of the effective date of this ordinance, DA 2024-0004 shall supersede, cancel and replace DA 2021-0001, approved by Ordinance No. 1515 on September 7, 2021, concerning development of the project site. SECTION 5: 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 6. 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. 1566 Page 6 of 6 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2025. 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. 1566 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the day of , 2025 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2025 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA City Clerk Published: Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 RESOLUTION NO. 25-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING RESIDENTIAL ALLOCATION RESERVATION (RAR) 2025-0001, DESIGN REVIEW (DR) 2024- 0014, SUBDIVISION (SUB) 2024-0005/ TENTATIVE TRACT MAP (TTM) NO. 19361, DENSITY BONUS REQUEST TO CONSTRUCT A NEW RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE 73 RESIDENTIAL CONDOMINIUM UNITS IN NINE BUILDINGS, INCLUDING FOUR AFFORDABLE UNITS, ON APPROXIMATELY 3.39 ACRES AT 13751 AND 13841 RED HILL AVENUE The City Council of the City of Tustin, California does hereby resolve as follows: 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 Meritage Homes of California, Inc. to construct a new, residential condominium development project that would include seventy-three (73) units in nine (9) buildings, including four (4) affordable units, on a 3.9 acre site located at 13751 and 13841 Red Hill Avenue of the Red Hill Avenue Specific Plan (RHASP). B. That the Development Application request includes the following approvals: • RAR 2025-0001 reserving 61 base residential units. • DR 2024-0014 for site layout and building design. • DA 2024-0004 to accept provisions of public benefits. • SUB 2024-0005/TTM No. 19361 to subdivide the existing two parcels to one lot for condominium purposes to construct a total of 73 units including 69 market rate and four affordable units. • Density Bonus request with the provision of five (5) percent of units identified as very -low income housing with a request for density bonus of twenty percent (61 base units, plus 12 density bonus units); one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); and use of State Density Bonus Law parking standards. 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. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 2 D. That the project supports the overall vision, goals, and intent of the RHASP by providing enhanced streetscape improvements and incorporating a public amenity space including public art and gateway signage, and pedestrian amenities along both Red Hill Avenue and San Juan Street. Existing street trees along Red Hill Avenue would be replaced with new trees, and on -street public parking bays along Red Hill Avenue to reinforce the urban design character of the corridor. The proposed project is a vibrant, high -quality residential development along Red Hill Avenue that contributes to the City's housing goals. The pedestrian -oriented site design promotes a walkable, well - integrated urban environment, consistent with RHASP objectives. The project would include a new signalized intersection at the project entry along Red Hill Avenue and other associated off -site public improvements. The project implements the following: 1. Goal 1. Enhance streetscape, landscape, and public amenities throughout the Specific Plan area. 2. Objective 1-3. Encourage a "sense of place" within the Specific Plan area through quality site design, architectural design, and public improvements. 3. Goal 2. Improve visual and functional connections and linkages between Red Hill Avenue, surrounding residential neighborhoods, adjacent public and institutional uses, and Interstate 5. 4. Objective 2-1. Identify ways to improve and enhance linkages and connections between new development in the Specific Plan area and surrounding neighborhoods. 5. Goal 5. Improve pedestrian and bike accessibility and vehicular circulation to minimize potential conflicts between different users and improve mobility throughout the Specific Plan area and connectivity with the greater community. 6. Objective 6-1. Promote the development and maintenance of adequate parking facilities commensurate with parking demand. 7. Goal 8. Ensure development within the Specific Plan area is sensitive to and compatible with surrounding land uses. E. That Tustin City Code (TCC) Section 9323b2 requires TTMs be prepared for subdivisions creating five or more condominiums as defined in Section 783 of the California Civil Code. F. 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. G. That pursuant to TCC B9923, the applicant elected to provide five percent (5%) of base units in the residential project, or four units, available to very low- Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 3 income households. The City Council has temporarily suspended the payment of the Voluntary Workforce Housing in -lieu fee for projects entitled within 36 months of March 5, 2024, per Resolution No. 24-14. This project would therefore not be subject to the housing in lieu fee. H. That pursuant to TCC Section 9123, the applicant requested a Density Bonus Law concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed Use) and use of State Density Bonus Law parking standards. That pursuant to TCC Section 9132, the applicant requested use of State Density Bonus Law parking standards to deviate from the on -site parking requirements for guest parking per TCC Section 9263. That a public hearing was duly called, noticed, and held for RAR 2025-0001, DR 2024-0014, DA 2024-0004, SUB 2024-0005/TTM No. 19361, Density Bonus request and concession on May 13, 2025, by the Planning Commission where the Planning Commission motioned to approve the recommendation to the City Council. K. That a public hearing was duly called, noticed, and held on said application on June 3, 2025, by the City Council. L. That on October 16, 2018, the Tustin City Council certified the Final Program Environmental Impact Report (EIR) for the Red Hill Avenue Specific Plan (RHASP) (SCH # 2017041031). M. That the City has prepared an Addendum to the Certified EIR for the project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. N. That as conditioned, Sub 2024-0005/ TTM No. 19361 conforms with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: 1. The proposed TTM 19361 and improvements are consistent with RHASP, TCC, and Subdivision Map Act. 2. The site is physically suitable for the type of development and proposed density for a new residential condominium that would include 73 units in nine buildings on approximately 3.39 acres within the allowable density requirements of RHASP General Plan designation. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 4 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 site within an urbanized area and any potential environmental impacts can be mitigated to a level less than significant as determined in the 2018 certified RHASP 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 RHASP, except for those development standards associated with the Density Bonus request and will be required to comply with the applicable building and life safety codes. 5. 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 East Orange County Water District and Orange County Sanitation District to utilize community sewer facilities. 6. The recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation improvements associated with the project. O. That the City's Public Works Department reviewed the map and determined that, as conditioned, it is technically correct. P. That the project meets the development standards of the RHASP zoning district, except for the concession requested by Density Bonus law. Q. That TCC Section 9331d 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 50 parcels. Pursuant to TCC 93310, the applicant shall be required to dedicate or pay a park in -lieu fee for the entire parkland dedication requirement of 21,305 square feet. Consistent with RHASP Section 6.7.1(B)(7), the project includes an approximately 3,200 square foot public amenity space that is accessible to the public via easement and includes public art and gateway signage, decorative pavement, seating amenities, landscaping, and lighting. The Developer or homeowners' association ("HOX) 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 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 park in -lieu fees. R. 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 Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 5 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 a total of 73 housing units. Four of the 73 units will be reserved for "very low-income households." The remaining 69 units will be market rate units. S. 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 3, with an estimated capacity to accommodate 137 total units, consisting of 6 very low-income units and 131 above moderate income units. The project proposes a total of 73 units for the site, consisting of 69 above moderate -income units and four very low-income units. As a result, the proposed project is 64 fewer total units and fewer moderate 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 December 31, 2024, the City has permitted or approved 453 new housing units (including ADUs) on sites that are not identified in the Housing Element, including three very low-income units, 12 low income units, five moderate income units, and 433 above moderate -income units. Only one project has been approved on a site identified in the Housing Element Site Inventory: a 42-unit residential/live work development on Site #15, Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 6 with two very low income units and 40 market -rate units (above moderate). Therefore, following approval of the proposed project, the City's remaining unmet RHNA will be 5,658 total units, consisting of 1,699 very low-income units, 1,030 low income units, 1,123 moderate income units, and 1,806 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. As described in the Housing Element, the City took a conservative approach in estimating capacity for sites within the RHASP 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 two fewer very low-income units, and 62 fewer above moderate -income housing units than identified in the Housing Element for Site 3, 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. T. 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 City Council has considered at least the following items: 1. Building Design. The project is designed to be a vibrant, high -quality residential development providing housing opportunity along Red Hill Avenue consistent with the RHASP and the City's Housing Element. The Spanish Eclectic architectural design incorporates features such as front elevation porches and landings, varied rooflines and deck guard walls/ guardrails to eliminate the potential for monotonous design, windows with trim surrounds, and four color and material schemes throughout the project to enhance the overall design and Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 7 add enhancements to the streetscape along Red Hill Avenue and San Juan Street. 2. Site Layout. The Red Hill Avenue street frontage includes one two- way driveway and pedestrian paths that leads to all areas of the project site. The site has pedestrian access from Red Hill and San Juan Street. Residential buildings are proposed away from Tustin High School and along the frontage of Red Hill and San Juan Avenue. The project provides two common recreational areas that provide central gathering spaces and a public amenity space that would be private maintained, but publicly accessible. The three-story buildings are proposed to comply with maximum allowable height of four stories and fifty feet per the RHASP Development Standards. 3. Access and Circulation. The project would include one 28 foot -wide driveway on Red Hill Avenue that would include a new traffic signal. The driveway provides the only entry and exit point to the development, and connects to a 24 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. Offsite parking along Red Hill Avenue is also provided. Pedestrian sidewalks and pathways would be installed to circulate the site and connect to the proposed amenity areas located fronting Buildings 1, 2, and 5, as well as the public amenity space at the corner of Red Hill Avenue and San Juan Street. 4. Parking. The project exceeds the off-street parking required for residential parking, however, is short one guest parking space per the TCC. The applicant has requested use of, and complies with State Density Bonus Law parking provisions. 5. Private and Common Open Space. The project would provide a combined private and common open space area of approximately 37,841 total or 518 square feet (SF) per unit, which exceeds the minimum open space requirement of required in RHASP of 21,900 SF or 300 SF per unit. 6. Lighting. Proposed outdoor lighting would be typical of residential uses and would consist of monumentation lighting, accent tree lighting, bollard pedestrian pathway lighting, vehicular fixture, festoon lighting, directional lighting to BBQ, shade structure lighting, and accent wall 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. 7. Wall and Fences. The project would include a combination of walls and fences for privacy and security. Five to six foot high pilasters would flank the walkways located on either side of the main driveway along Red Hill Avenue to enhance the project's main entrance and create a sense of place as pedestrians walk onto the community. A new six foot Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 8 (6'-0') high block wall along the western and southern boundary with 6'-8"pilasters would provide visual interest and break up the proposed wall per RHASP Section 5.3.5 and 5.4.5. There is an existing 6-foot wall along the property line with the adjacent residential development that would be protected in place. Tubular steel fencing is proposed between the public amenity space and the units that are immediately adjacent. 8. 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. 9. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The building design with accent materials is compatible with other multifamily residential buildings in the area. The buildings would meet the development standards as required by the RHASP and TCC, except as those deviations per the Density Bonus requests. 10. Density Bonus Request. The applicant is requesting a Density Bonus for density bonus of twenty percent (61 base units, plus 12 density bonus units), and concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use). U. That the development is consistent with findings required for approval of the RAR pursuant to Section 6.7 of RHASP as provided below: 1. The project is substantially consistent with the uses, design criteria, and development regulations of the RHASP. The land use designation for the project site is Mixed Use within the Red Hill Avenue Specific Plan (RHASP). This designation encourages a combination of residential and neighborhood -serving commercial uses that support a walkable, vibrant corridor. The RHASP prohibits residential -only developments without a commercial component in certain areas. The proposed project deviates from this standard by utilizing State Density Bonus Law to request to waive the commercial and mixed use requirement. The project site is located on a corner with frontage along both Red Hill Avenue and San Juan Street. Its proximity to established residential neighborhoods and visibility from a major arterial corridor present transitional design considerations that influence site access, layout, and overall compatibility. The project proposes a 73-unit residential condominium Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 9 development across nine buildings, including 69 market -rate units and four affordable units, on approximately 3.39 acres. Each unit will include an enclosed two -car garage and private open space. The development also features 18 guest surface parking spaces, common open space areas, landscaping, and a public amenity space. The site layout prioritizes internal circulation while providing a transition in scale and design between Red Hill Avenue and adjacent residential uses. 2. The project implements the vision of the Specific Plan related to excellence in architectural design, provision of substantial usable common open space, provision of public art (which may consist of murals, sculpture, decorative fountains or other art deemed acceptable) connectivity to adjacent parks and/or schools if appropriate, and pedestrian connections. The RHASP envisions a vibrant, mixed -use environment characterized by architectural quality, walkability, and public realm improvements. The proposed development aligns with this vision by: • The Spanish Eclectic architectural design that incorporates features such as front elevation porches and landings, varied rooflines and deck guard walls/ guardrails to eliminate the potential for a monotonous design, windows with trim surrounds, and four color and material schemes throughout the project to enhance the overall design; • Providing four-sided architecture to enhance visual interest from all angles; • Orienting building entries and walkways toward the public street frontage to foster a pedestrian friendly environment consistent with RHASP's design intent, • Including common open space areas that support community gathering and recreational opportunities; • Enhancing pedestrian safety and connectivity through sidewalk improvements and thoughtful landscape integration; • Landscaping will be incorporated throughout the site, and a prominent corner plaza will replace the current lack of streetscape improvements along this segment of Red Hill Avenue, further contributing to a dynamic and pedestrian oriented environment. 3. The number of units requested is within the thresholds established by the Specific Plan's Program EIR. The applicant is requesting a Residential Allocation Request of 61 base units with 12 density bonus units, for a total of 73 residential condominium units. This proposed unit count falls within the development thresholds analyzed in the RHASP Program Environmental Impact Report (EIR). Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 10 4. In allocation of the 500 Residential Allocation Reservations units, the City shall consider an equitable distribution within the Specific Plan Area such that no one parcel receives a disproportionate number of units. The Residential Allocation Reservation application request of 61 units for the 3.39-acre project site represents approximately 15% of the total number of units allocated for the area north of the 1-5 freeway and 12% of the total overall units for the entire Specific Plan area. Based on the total project area as a percentage of the Specific Plan, the project request is an equitable and proportional distribution. 5. The development is consistent with the overall vision, goals, and intent of the RHASP. The project supports the overall vision, goals, and intent of the RHASP by providing enhanced streetscape improvements and incorporating a public amenity space including public art and gateway signage, and pedestrian amenities along both Red Hill Avenue and San Juan Street. Existing street trees along Red Hill Avenue would be replaced with new trees, and on -street public parking bays along Red Hill Avenue to reinforce the urban design character of the corridor. The proposed project is a vibrant, high - quality residential development along Red Hill Avenue that contributes to the City's housing goals. The pedestrian -oriented site design promotes a walkable, well -integrated urban environment, consistent with RHASP objectives. The project would include a new signalized intersection at the project entry along Red Hill Avenue and other associated off -site public improvements. 6. The development is consistent with the policies and intent of the Development Plan (Chapter 3), including the Urban Design plan (Section 3.4). The project is consistent with the RHASP Development Plan and Urban Design Plan through its thoughtful site layout, pedestrian connectivity, and integration of open spaces. The design incorporates pedestrian paths, varied building massing, and corner plazas, which support urban design goals outlined in Section 3.4. 7. The project, including the proposed uses and requested entitlements, comply with the Permitted Land Use and Activities Table (Table 4.1) and complements and contributes to the project area. The proposed residential use is consistent with the permitted uses in Table 4.1 of the RHASP. The project's layout, design, and pedestrian amenities contribute positively to the character and vitality of the project area. The applicant is requesting a Density Bonus concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use), which is permitted under State Density Bonus Law. 8. The development substantially complies with or obtained approval of a modification to conformance with the Commercial and/or Mixed - Use Development Standards (Chapters 4). The project complies with applicable development standards, including maximum building Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 11 height, parking, and open space requirements. Where a concession is requested to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use), it is allowed under the Density Bonus provisions. 9. The development substantially complies with or has obtained approval of a modification to conformance with the Commercial and/or Mixed -Use Design Criteria (Chapter 5). The project substantially complies with RHASP Design Criteria through articulated fagades, variation in rooflines, material and color schemes, and enhanced pedestrian experience. The applicant requested to build a residential use through a Density Bonus law concession; therefore, commercial and mixed use design criteria is not applicable. 10. Compliance or modification thereto with applicable Development Standards and Design Criteria is demonstrated and ensured through Design Review of the project site plan, building elevations, floor plan, parking plan, landscaping plan, lighting plan, access plans, refuse plans, and any other applicable plan(s) or document(s). All required plans have been submitted as part of the Design Review and demonstrate compliance with RHASP and TCC standards. Plans include detailed building elevations, site layout, floor plans, landscaping, lighting, and access, ensuring coordinated development consistent with applicable guidelines. 11. Required parking for the project is provided entirely on -site. The project provides the minimum parking required on -site for residents but is short one guest parking space, per the RHASP and Tustin City Code. The applicant has requested and complies with State Density Bonus Law parking standards. Additional on -street public parking would be provided along Red Hill Avenue as a public benefit. 12. The development demonstrates high -quality architectural design and site planning and reflects the nature of the site and the surrounding area throuah the followina: a. Incorporating roof forms and facades that provide building articulation, create visual interest, and reduce the appearance of uniform building massing. b. Creating a design that is both cohesive and varying with respect to architectural style, architectural details, windows, doors, colors, and materials. c. Facilitating pedestrian orientation through building placement, building scale, and architectural design. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 12 d. Ensuring associated elements including parking, service areas, landscaping, lighting and pedestrian access, and amenities are functional and serve to enhance the overall appearance and experience of the project. e. Siting and designing structures that relate to and respect adjacent development and sensitive land uses. 13. The developer consents to enter into a mutually agreeable Development Agreement if the City requests one. The developer is proposing to enter into a Development Agreement with the City to voluntarily provide community public benefits. 14. The project impacts are assessed through the approved RHASP Program EIR or through subsequent environmental documentation in compliance with the CEQA guidelines. That the City has prepared an Addendum to the Certified EIR for the Project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the Project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. II. The City Council hereby approves RAR 2025-0001, DR 2024-0014, DA 2024- 0004, SUB 2024-0005/TTM No. 19361, Density Bonus request and concession, subject to the conditions attached hereto as Exhibit A. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 13 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3rd day of June 2025. AUSTIN LUMBARD Mayor ERICA N. YASUDA City Clerk Exhibit A: Conditions of Approval Exhibit B: TTM 19361 Exhibit C: Addendum to the RHASP EIR APPROVED AS TO FORM: DocuSigned by: �"z"-9 D OFKFFNDIG City Attorney /msd/ Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 City Council Resolution No. 25-43 Page 14 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ERICA N. YASUDA, the undersigned, hereby certify that I am the City Clerk of the City of Tustin, California; that Resolution No. 25-43 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 31d day of June, 2025. CITY COUNCIL AYES: CITY COUNCIL NOES: CITY COUNCIL ABSTAINED: CITY COUNCIL ABSENT: ERICA N. YASUDA City Clerk Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 ATTACHMENT 7 EXHIBIT A EXHIBIT A CONDITIONS OF APPROVAL RAR 2025-0001, DR 2024-0014, DA 2024-0004 SUB 2024-0005 / TTM NO. 19361, AND DENSITY BONUS REQUESTS GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 13, 2025, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). Any changes in the approved project shall be subject to the review and approval of the Community Development Department. (1) 1.2 Approval of Design Review (DR) 2024-0014 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months of this approval, unless otherwise provided for by the Development Agreement (DA) 2024-0004. Time extensions may be considered consistent with the provisions of Development Agreement (DA) 2024-0004. (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 RAR 2025-0001, DR, 2024-0014, DA 2024- 0004, SUB 2024-0005/ TTM NO. 19361, and Density Bonus Requests 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 Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS 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 RAR 2025-0001, DR, 2024- 0014, DA 2024-0004, SUB 2024-0005/ TTM NO. 19361, and Density Bonus Requests, 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 2024-0004 is not approved and executed. The applicant shall comply with executed DA 2024-0004. (1) 1.10 In the case of any conflict between these Conditions of Approval and DA 2024-0004, the DA between the City of Tustin and Developer shall govern. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 3 DEVELOPMENT AGREEMENT, HOUSING AGREEMENT AND COMMUNITY FACILITY DISTRICT AND BOND FINANCING (***) 2.1 The Development Agreement (DA 2024-0004) 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, but be not limited to, the following terms: 1) equity sharing, 2) level of affordability, and 3) terms of affordability. *** 2.3 The bonds of BOLD Program Community Facilities District (CFDs) to be issued through the California Municipal Finance Authority (CMFA) shall not require involvement of the City other than approving the use of the program and entering into an agreement to accept the public facilities upon completion, or accept fees to be paid for with the bond proceeds. CMFA is responsible to authorize and issue the bonds in their name and awards their sale to the bond underwriter per the underwriter's credit requirements. *** 2.4 Upon issuance of the bonds, the reimbursement request would be reviewed by the CMFA team and the City shall verify that the reimbursements are for the intended public facilities or payment of parkland in -lieu fees. Public Works shall perform this verification against the plans approved by the City and the Parks and Recreation Department will confirm the payment of parkland in lieu fees. The developer shall also certify that the work is performed under prevailing wage requirements when applicable. *** 2.5 Prior to final acceptance of public facilities, Public Works shall confirm/verify that the public facilities are complete in accordance with the approved plans. The Community Development Department shall not issue any certificate of occupancy until the project has been verified by Public Works. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 4 TENTATIVE TRACT MAP 19361 / FINAL MAP CONDITIONS 0, ***) 3.1 Preparation and recordation of a final subdivision map shall be required. (1) 3.2 On the Map, the Subdivider shall release and relinquish to the City of Tustin all vehicular access rights along Red Hill Avenue, San Juan Street, and the alley, except at approved access locations and street intersections, at no cost to the City. (1) 3.3 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 recordation 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. USE RESTRICTIONS (4) 4.1 The project shall include construction of a new residential development project that would include 73 residential condominium units, in nine buildings on approximately 3.39 acres. Five percent of the base units (four (4) units) would be affordable to very low-income households, making the Project eligible for a 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, 18 guest surface parking spaces, common open space areas and landscaping, and a 3,200 square foot (SF) public amenity space. The project includes a density bonus request for one Concession to remove the requirement for a commercial component (Flexible Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 5 Format Retail); and use of State Density Bonus Law parking standards. (4) 4.2 All parking spaces shall be maintained as shown on the approved plans dated March 13, 2025. Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Community Development Director. (1) 4.3 No outdoor storage shall be permitted during grading or building stages except as approved by the Community Development Director. (4, ***) 4.4 During plan check, provide an additional cross section/detail to the Planning Division to show the building setback of the cantilevered second and third floors for the units along Street 'D' and Street 'E'. This detail must clearly show compliance with RHASP Table 4-3 (G) Development Standards for minimum separation between buildings for second and third floors, and to ensure vertical clearance between buildings. *** 4.5 The City may monitor the usage of the on -street public parking spaces along the property frontage, and the public parking spaces may be removed or modified with time restrictions in the future, at the City's sole discretion. ��� `]►_I_�7_�_�_C�1` 6���]�/ 40 /_10III i+�•"�_:7 X+�_i:7_][Lei 1&7]r (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 Sections 5 and 6 of these Conditions of Approval, and the corresponding page/paragraph where they are addressed in the CC&Rs. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 6 (1) 5.3 The approved CC&Rs shall be recorded with County Recorder's Office concurrent with the issuance of the first Certificate of Occupancy 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 Certificate of Occupancy 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 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. 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 Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 7 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, and the privately owned but publicly accessible common open space, 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 (Page 5) in the CC&Rs. Examples of maintenance guidelines are shown below: 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 be periodically root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. All trees adjacent to the property line with Tustin High School within the firework display zone shall be trimmed annually at least seven days prior to the City's July 4th Fireworks event. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 8 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. 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 164 parking spaces shall be available on - site as shown below: a. 146 parking spaces shall be available on -site permanently maintained at a rate of two garage spaces per dwelling unit; b.18 guest surface parking spaces for the residential units (0.24 guest spaces per unit). Any changes to the parking shall be subject to the prior review and approval by the Community Development Department in accordance with TCC. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 9 2. Residents shall not store or park any non - motorized vehicles, trailers or motorized vehicles that exceed seven feet high, seven feet wide, and 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 12 hours of collection. Placement of trash containers for collection shall be adjacent to the specific residence for which they are assigned with no less than one foot of space between containers. Driveways and garages must be fully accessible at all times. Placement of trash containers for collection must allow for ADA access. 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. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 10 K. Maintenance of all common areas, public amenity space, driveways, etc., shall be by the homeowners association. 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 March 13, 2025. 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. a. Accessible Residential Units identified on the approved Site Plan dated March 13, 2025. Chapter 11A 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. 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. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 11 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. S. The City will monitor the usage of the on -street public parking spaces along the property frontage, and the public parking spaces may be removed or modified with time restrictions in the future at the City's sole discretion. T. That the City conducts a fireworks event at the Tustin High School in celebration of the Country's independence on or around July 4th. HOMEBUYER NOTIFICATION (1) 6.1 Prior to issuance of the first Certificate of Occupancy in the development, the subdivider shall submit to the Community Development Department for review and approval 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. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 12 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), Red Hill Avenue and San Juan Street. 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 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. E. A notice stating trash bins shall be placed in designated curb areas as shown on an Exhibit to the CC&Rs and approved by CR&R no earlier than 12 hours prior to the scheduled collections and removed within 12 hours of collection. F. A notice explaining and providing a copy of the approved "Parking Plan" and related CC&Rs provisions. G. A notice explaining and providing a copy of the approved "Phasing Plan" for future construction within the subdivision and that activity may be disruptive. H. A notice for any accessible unit, as identified on the approved Site Plan dated March 13, 2025, and required per Chapter 11A of the CBC, to keep all accessible features for life of the buildings including, but not limited to: bathrooms, showers, bedrooms, accessible entries and changes in elevation. Ten percent (10%) of the residential units or a minimum of Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 13 eight residential units are required to be accessible. 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 shall disclose the following, but not limited to, regarding enhanced filtration units: 1. Identify that the homeowner is responsible to ensure that enhanced filtration units are inspected regularly and replaced on time, if appropriate and feasible. 2. Disclose the potential increase in energy costs for running the HVAC system to prospective residents. 3. Provide recommended schedules (e.g., once a year or every six months) for replacing the enhanced filtration units to prospective residents. J. A notice that regarding the privately owned but publicly accessible common open space. K. A notice that discloses that the City conducts a fireworks event at the Tustin High School in celebration of the Country's independence on or around July 4th. 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. (4) 7.2 During plan check, a master sign plan shall be submitted per TCC Section 9403c and 9403h. All utilities shall be placed underground Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 14 (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. (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 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. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 15 (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 will be reviewed and approved by the Community Development Department. Per TCC Section 9271 i, the height of wall would be up to three feet (3') high in the front yard setback area and up to six feet eight inches (6'-8") high along the remainder of the property line with adjacent properties. (1,4) 7.10 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 -foot (1') 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. Landscaping shall be placed so that it does not interfere with the lighting of the project area or restrict access to utilities or emergency access per Section 5.4.3 of the RHASP. LANDSCAPING (11,16) 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 (WELO) and Section 9266e of the TCC. (11,16) 8.2 The applicant shall install landscaping and irrigation in accordance with the approved landscape plans, prior to issuance of a Certificate of Occupancy for the building immediately adjacent to the landscape. The property owner and homeowner association shall be responsible for maintaining landscaping in accordance with the approved landscape plans. Dead plants shall be replaced by the property owner or homeowner association with the same species type and size identified in the approved landscape plans. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 16 (***) 8.3 All trees adjacent to the property line with Tustin High School within the firework display zone shall be trimmed annually at least seven days prior to the City's July 4th Fireworks event. See COA No. 5.5G in the CC&R Section 5. NOISE/ FINAL ACOUSTICAL (NOISE) ANALYSIS (1) 9.1 During plan check, the Applicant/Developer shall submit a final acoustical report 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 4614c. (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, TCC Section 4615, and Title 24, Part 2 of the CBC. (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). Windows and glass doors with minimum STC ratings as required. ii. Residential mechanical ventilation, or other means of natural ventilation. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 17 b. Exterior Use Areas. Final design for proposed awning/canopy over common open space area in compliance with "Table N-Y of the City's General Plan Noise Element for outdoor environment limited to picnic areas and other areas of frequent human use. ii. 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 precise grading permit, the applicant shall submit a Fire Master Plan (service code PR145). (1,5) 10.2 Prior to issuance of a building permit, the applicant shall submit plans for fire sprinkler system (service code PR470-PR465). (1,5) 10.3 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 are available at the following link: https://ocfa.org/AboutUs/Departments/Communit yRiskReductionDirectory/PlanningAndDevelopm ent.aspxz (1,5) 10.4 Partial/Final Occupancy Inspections: Prior to issuance of partial 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 Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 18 applicable to the project and commensurate with the type of occupancy requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150. (1,5) 10.5 Prior to commencement of construction, applicant shall attend a pre -construction meeting with an OCFA inspector. (1,5) 10.6 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. WATER QUALITY CONDITIONS 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 Final Water Quality Management Plan (WQMP) in the City's Citizen Self Service Portal available at the following link: https://tustinca- energovpub.tylerhost.net/Apps/SelfService#/home. The WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on -site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. The Final WQMP should incorporate the following revisions in addition to standard requirements: Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 19 a. The applicant will be required to implement pre- treatment measures upstream of any proposed infiltration BMPs for stormwater quality treatment. (1) 11.3 Prior to submittal of a Final WQMP, the applicant shall submit a deposit of three -thousand -seventy- seven dollars ($3,077.00) (per the FY 2024-25 fee schedule) to the Public Works Department for the estimated cost of reviewing the WQMP. The City's Fee Schedule is available at the following link: https://www.tustinca.org/l 260/Comprehensive- Schedule-of-Fees (1) 11.4 Prior to issuance of any permits, the applicant shall record a "Declaration of Restrictions" 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 a Final Approval and Certificate of Occupancy, the engineer responsible for the approved WQMP shall sign and stamp Stormwater Observation Report Form. (1) 11.6 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 Quality Control Board. STREET IMPROVEMENTS 12.1 Prior to issuance of first permit, the applicant shall submit engineered public improvement plans along the project frontage for review and approval. These public improvements shall be completed prior to the issuance of first occupancy release. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 20 a. The applicant shall be responsible for design and construction of a traffic signal at the intersection of Red Hill Avenue and the project entrance (project name TBD) including traffic signal installations; signing and striping modifications; installation of radar detection system; and construction of Americans with Disabilities Act (ADA) curb ramp and driveway apron on the east side of Red Hill Avenue per City Standards. Work shall include any surface improvements associated with the new signalized intersection along the southeasterly side of Red Hill Ave. The project entry on Red Hill Avenue shall be designed and constructed per the City of Tustin Standard 210 with a 25-foot (minimum) radius curb returns. b. The applicant shall design and construct Red Hill Avenue to ultimate half street width including parking bay cutouts along the property frontage within the 18-foot right-of-way area to accommodate 8-foot-wide public parking areas along with landscape curb bulb -outs, consistent with the provisions of DA 2024-0004. The half street shall be: 42-foot wide consisting of three through lanes (11, 10 & 10 feet each, median width of 5-foot, and a 6-foot on -street bike lane). The concrete gutter pan or valley gutter shall be designed such that there is no transverse grade break or longitudinal concrete/asphalt seam in the bike lane. c. The applicant shall be responsible for design and installation of traffic signing and/or striping along Red Hill Avenue and San Juan Street, including the addition of bike lane along the project frontage on Red Hill Avenue. d. The applicant shall design and construct the full width landscaped medians on Red Hill Avenue between El Camino Real and San Juan Street including sawcut and removal of existing asphalt Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 21 paving and subgrade materials; construction of median curb per City Standard 201, Type B-1, modified with 10-inch curb face. Twelve inch (12") wide raised median shall extend the full length of the left turn pockets. e. The applicant shall design and construct parkway improvements along the frontage on Red Hill Avenue and San Juan Street. f. All proposed outdoor furniture, decorative pavers/ concrete, and planters in the public accessible park (privately HOA maintained) shall be designed and placed on private property. g. The applicant shall be responsible for the design and construction of the undergrounding of all existing and proposed utility distribution facilities within the public right-of-way (R/W) along Red Hill Avenue and alley along the project frontage. h. The applicant is responsible for relocating any existing utilities from the curb return areas of the proposed driveway along Red Hill Avenue. The applicant is responsible to coordinate, remove and relocate SCE power poles and overhead utilities in the alley. This condition can be satisfied or modified as needed at the discretion of the Director of Public Works. j. All improvements in public R/W shall meet the City of Tustin Public Works Standards. (1) 12.2 All proposed monument signs shall be designed and constructed on private property and shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. (1) 12.3 Prior to any work in the public R/W, an Encroachment Permit shall be obtained from, and Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 22 applicable fees paid to the Public Works Department. (1) 12.4 Prior to issuance of an Encroachment Permit, the applicant shall submit street improvement plans in the City's Citizen Self Service Portal, 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. (1) 12.5 Prior to issuance of an Encroachment Permit for construction within the public R/W, the applicant shall submit traffic control plans in the City's Citizen Self Service Portal, 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) 12.6 Current Federal ADA requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. (1) 12.7 The applicant shall obtain written approval and/or permits from the applicable utility companies, including but not limited to Southern California Edison, The Gas Company, East Orange County Water District (EOCWD), Orange County Sanitation District (OC SAN), AT&T, Cox Communications, Spectrum, etc. (1) 12.8 The applicant 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: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 23 (1) 12.9 The applicant shall enter into a Landscape Installation and Maintenance Agreement 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 Red Hill Avenue and San Juan Street. A detailed parkway improvement exhibit shall be provided for the agreement. (1) 12.10 Vehicle gates are currently not proposed at the entry access to this project. If there is a future desire to add vehicle gates, the entry shall be modified to provide a minimum of 100-foot on -site stacking distance between the gates and the public R/W on Red Hill Avenue and be reviewed and approved by the City of Tustin Public Works Department. (1) 12.11 Final Hydrology/Drainage Report. Existing drainage patterns on -site should be maintained for proposed conditions. Based on evaluation of existing drainage in the adjacent area, the majority of the site appears to drain to storm drain inlet. Only a small portion of the project on the northeast side drains to San Juan Street. Existing on -site drainage patterns should be maintained for any proposed stormwater conveyance systems for the project. If this cannot be achieved, the City will consider discharge of stormwater to the catch basin in San Juan Street, which will require detailed analysis of the existing downstream system that shows the system has the capacity to allow the additional flow. WATER IMPROVEMENTS 0, ***) 13.1 The existing 6-inch water main in Red Hill Avenue is insufficient to provide fire flows for the proposed facilities. Based on the OCFA fire flow demands and requirements, the applicant shall design, construct and complete water main improvements in Red Hill Avenue, including construction of a new 12-inch diameter water main to meet the project water flow Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 24 demands connecting to the existing 12-inch main in El Camino Real and the existing 8-inch main in San Juan Street; abandonment of the existing 6-inch water main in Red Hill Avenue between El Camino Real and San Juan Street; and abandonment of any existing water services connected to the 6-inch main and replacement with new water services connected to the 12-inch main. (1) 13.2 Provide private onsite domestic and fire water systems including appropriate fire backflow device(s). Private domestic water submeters shall be provided for each dwelling unit. (1) 13.3 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) 13.4 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 feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. b. If a building sprinkler system is required by the 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 Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 25 prevent cross -connection with the public water system. (1) 13.5 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation, or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1) 13.6 The applicant's project is within the East Orange County Water District (EOCWD) service area, a release/approval from the EOCWD shall be obtained prior to issuance of a Grading Permit from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all applications, connections and other EOCWD fees. (1) 13.7 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the OCFA. Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 13.8 Any easements for construction and maintenance of public water facilities within private property shall be dedicated to the City of Tustin on the project tract map, at no cost to the City. (1) 13.9 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. 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 percent (65%) of the project waste material or the amount Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 26 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 percent (5%) 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. (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 foot (1) of space between containers. Driveways/garages must be fully accessible at all times. Placement of containers for collection must allow for ADA in accordance with COA provided in Section 12. d. 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 Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 27 largest size containers that will be offered to these units. PUBLIC WORKS MISCELLANEOUS CONDITIONS (1) 15.1 Prior to Grading Plan submittal, 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. (1) 15.2 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. (1,5) 15.3 Prior to the issuance of a Grading Permit(s), the applicant shall provide written approval of sanitary sewer service connections from the East Orange County Water District (EOCWD). (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 the first Certificate of Occupancy. (1) 15.5 It is the applicant's and the project Engineer's responsibility to confirm information shown on the final map, the offsite improvement plans, final WQMP, grading plan, and landscape & irrigation plans are consistent. 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 Division for the plan check process Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 28 (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 All direct service overhead powerlines within the exterior boundary lines of the project serving the property shall be located underground pursuant to TCC Section 8107. (1,3) 16.4 Prior to issuance of a grading permit, the applicant or developer shall provide "will -serve" letters from all utility providers. (1) 16.5 Construction plans shall be submitted to the Building Division for review and issuance of any future building permit(s). Construction plans shall comply with California Building Codes, as adopted and in effect at time of plan submittal. Building codes in effect, including local amendments, as of January 1, 2023: 2022 California Building Code ('22 CBC); 2022 California Plumbing Code ('22 CPC); 2022 California Mechanical Code ('22 CIVIC); 2022 California Electrical Code ('22 CEC); 2022 California Residential Code (`22 CRC); 2022 California Energy Code ('22 Energy); and 2022 California Green Building Standards Code (`22 CGBSC). (1) 16.6 Automatic fire sprinkler system shall be installed within each dwelling unit. (1) 16.7 A soils report is required for all new residential construction. A soils report addressing foundation and seismic designs shall be provided for review with building permit application submittal. (1,3) 16.8 Per California Energy Code, all low-rise buildings shall have a PV System installed. (CA Energy Code Section 170.2(f). (1,3) 16.9 Architect of record shall be aware of requirements in Chapter 11A of CBC as it relates to site accessibility requirements for the building in regard to parking Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 29 requirements, interior routes of travel and facility accessibility and accessible path of travel from public R/W. a. An accessible path of travel shall be provided to the accessible units from the public sidewalk per CBC Section 1102A.3. At least 10% of the units are required to comply with 1102A.3. This requirement applies to each parcel separately. i. Show the location of the required accessible units per CBC Section 1102A.3 for each parcel. Eight minimum is required. ii. The public sidewalk cannot be used as a part of the accessible path of travel from the accessible unit entrances to the common use facilities within the site. This comment applies to those units adjacent to the streets and public right of way. The accessible path of travel must be within the parcel. b. Show the accessible path of travel from the accessible units to the Common Use Facilities provided on -site. c. The exterior accessible routes shall comply with CBC Section 1110A. (1,2) 16.10 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 Red Hill Avenue Specific Plan (RHASP) Environmental Impact Report (EIR) dated October 2018. A mitigation monitoring report shall be submitted to the City. See Environmental/ CEQA section starting at Condition of Approval No. 18.1. (1,2) 16.11 Prior to Certificate of Occupancy, the project shall demonstrate compliance with all applicable mitigation measures identified in the MMRP for the RHASP Environmental Impact Report (EIR) dated Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 30 October 2018. A final mitigation monitoring report shall be submitted to the City. FEES (1) 17.1 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. (1) 17.2 Prior to issuance of a building permit, Developer shall pay a per unit and per bedroom new construction fee. (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 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 Prior to issuance of a Certificate of Occupancy for a residential unit of the project, Developer shall pay a per unit park in -lieu fee per TCC Section 9331 d, as each Certificate of Occupancy is issued by the City. 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. Parkland Fee shall be approved by the Parks and Recreation Director and prior to issuance of a Certificate of Occupancy, consistent with the provisions of DA 2024-0004. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 Council Resolution No. 25-43 RAR 2025-0001; DR, 2024-0014; DA 2024-0004; SUB 2024-0005/TTM NO. 19361; AND DENSITY BONUS REQUESTS Page 31 ENVIRONMENTAL / MITIGATION MEASURES (2) 18.1 The project shall comply with the MMRP for the RHASP (SP13) EIR dated June 2018 (Council Resolution No. 18-73). For reference, see Exhibit C of this Resolution for a copy of the MMRP. ORANGE COUNTY SANITATION DISTRICT (OC SAN) (1,5) 19.1 Prior to issuance of grading permit, submit a sewer study to the Orange County Sanitation District for review and approval. POLICE DEPARTMENT (1) 20.1 Provide surveillance trailer cameras, on -site security, and lighting in the parking lot during construction. (1) 20.2 Provide no trespassing signs posted at all pedestrian and vehicle entrances that state "No Trespassing" per TCC Section 6350c. ORANGE COUNTY HEALTH CARE AGENCY (OCHCA) 21.1 Continue to coordinate with the Orange County Health Care Agency as it relates to CA-OCHCA Case 221C006. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 CITY OF TUSTIN SITE PLAN U) L c>1 G L Y T Ln LP N O N O L Q Q O T z Q D_ F- z LLI O Ld w 0 Ld O O O U Q) / 0 Q U / U J rn 0 �o N lf� / I j cy / O 0 N N O C N E U O a In U-HAUL MOVING & STORAGE PRIVATE ROAD A UTILITY EASEMENT GO GREEN EXPRESS CAI WASH -PROP. RAISED MEDIAN PER RHASP 0 z� az oLd a:2 O ;d INTERSECTION TO BE SIGNALIZ TUSTIN HIGH TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES �I A.BP: 33+15.28 36+66.00 GRAPHIC SCALE IN FEET 0 15 30 60 Q �- ILL 0 PROJECT SIT 2 qti o ti L� VICINITY MAP NOT TO SCALE LEGEND PROJECT BOUNDARY PROPOSED LOT LINES PROPOSED EASEMENT EXISTING CENTERLINE — EXIST. RIGHT OF WAY EXIST. PARCEL LINE EXIST. EASEMENT — — — — — — — — PROP. FACE OF CURB EXIST. FACE OF CURB ADA PATH OF TRAVEL �D PROP. TRANSFORMER F-1 AC COMPRESSOR CONDOMINIUM UNIT NUMBER PROPOSED TRAFFIC SIGNALS TUSTIN KN-CH RD ��� O� Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 CITY OF TUSTIN co a) Y Q Eo N 0 N Q Q 0 0 0) I cQ G w > Q z w I U / Q 0 a� / 0 Q U U J I rn 0 co N > w I > CY / a� 0 c C 0 6 vi a U O Q a 0 E 0 _ T ;_ Y 0 .s 0 c a U 0 a a O E O :_ Y 0 a a a 0 0 0 .N 0 a 5 O 3 OU C Z 0 � Qa a U J w o C 3 LEGEND a O in PROJECT BOUNDARY a PROPOSED LOT LINES U PROPOSED EASEMENT a EXISTING CENTERLINE EXIST. RIGHT OF WAY 0 PROP. FACE OF CURB c PROP. TRANSFORMER CONDOMINIUM UNIT NUMBER c a c O a N c PROP FACE a OF BUILDING a 0 RW 0 0 5' U ,= 3 (2 0 APN: 50014119 U-HAUL MOVING oz zw 0 cn - 0 w ft�>_ wFIT � J 1 > AID 5001411' J 0-0 T m 0 M n - c� ^ _z Y Q N 0_ N TUSTIN HIGH SCHOOL Z 17 10 ❑1 ❑2 11 & STORAGE c� ❑3 ADA T L 3:® �I z 12 ADA o It 4 BUILDING 1 BUILDING 2 z o wl w ❑ 0 04 N U z 14 ADA 24' PRIVATE ROAD AND M 0 N Z 6 15 PUBLIC UTILITY EASEMENT I 12' 12' ® ® LOT 3.32 1 AC 16 9'L zi ZZZIL 29' EXIST. DRIVE AISLE APN: 50014111 GO GREEN EXPRESS CAR BU LDIN 3 7 WASH ® w 47 48 49 50 51 52 53 ® PROP FACE OF BUILDING RW 5' INTERSECTION TO BE SIGNALIZED APN: 50002204 C TENTATIVE TRACT MAP TENTATIVE TRACT MAP 19361 -COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES APN: 50014118 N40°40'11"E 463.75' STREET 'B' LJ r 33 ADA 34t w w � 38 BUILDING 5 24' PRIVATE ROAD, EMERGENCY VEHICL AND PUBLIC UTILITY EASEMENT 12' 12' 40 I 41 0 0 N ro W M' N� APN: 50014107 APN: 50014108 (NOT A PART) N40'40'11"E 149.00' 2' EX. � ®®®® IRRIGATION 1 ❑ 24' ESMT 12' 12' 43 ADA N IN IL 100 0- z~ 24 ® 31 32 L I W 44 I 07 N w BUILDING 6 I N Z z z N bi m z ® 42 I 45 N a N waLl w ❑ I ®®®®® Z L —1N STREET 'A' EX. LOT LINE T 46 U) It MERGE OUT V, N N40°40'21"E 58.26' 40' EX. PVMT z I L= ``' w o �`' Q w BUILDI G 8 BU LDI G 9� M I I E 7 �� LOT AIt 1 U� mw �Q 54 55 56 57 58 59 60 61 62 63 ® 64 65 66 67 68 69 70 71 72 73 0.07 AC � m bj z Y I Z zn �� J III Q� N i o°° ❑ �tx 0)S40°40'21 "W 554.47' S40°40'22"W 31.28'- U.1 U N o_ X —w 00 �l U U- N0 APN: 50002212 F,�' �B -3 111- 00 W mLO -- N SIGHT TRIANGLE RED HIL S40°40'21 "W-660.75' --—— — —— 60' R0A FC EX. RW 9' 3' 42' 42' 7' FF PARKING B E 6 10' 10' 11' 5.0' 5.0' 10' 10' 11' 6' BIKE THRU THRU-1THRU BIKE LANE THRU LANE THRU LANEr LANE LANE THRU LANE LANE LANE P�Ej z.o% -- �_- - __=== ====—=3� ---______ _ PROP PVMT EXISTING ASPHALT RAISED MEDIAN PER RHASP EXISTING ASPHALT EX SWLK VALLEY GUTTER PARKING BAYS RED HILL AVE. - ARTERIAL- - TYPICAL- SECTION(WITH PARKING VERT CURB N.T_S. EX 6" C&G CLASSIFICATION: MAJOR ARTERIAL SWLK ROAD FC EX. RW 42' _I_ 7' 6 10' 10' 115.0' 5.0' 10' 10' 11' 6' BIKE THRU THRU�—THRU—jBIKE THRU LANE THRU LANE LANE LANE --- - LANE HRU LANE LANE LANE Sz.oso +, — -- —� T - PROP PVMT EXISTING ASPHALT RAISED MEDIAN PER RHASP EXISTING ASPHALT PROP 8" C&G EX SWLK LANDSCAPING RED HILL AVE. ARTERIAL TYPICAL SECTION (NO PARKING SWLK N.T.S. EX 6" C&G CLASSIFICATION: MAJOR ARTERIAL PN: 50002211 APN: 50002207 ❑ FACE OF BUILDING 24'ROAD PRIVATE ROAD, FACE OF BUILDING EMERGENCY VEHICLE, AND PUBLIC UTILI Y EASEMENT 3' 12'BCTOCL 12'BCTOCE 3' FLUSH CURB FLUSH CURB PROP PVMT PROP PVMT INTERIOR STREETS TYPICAL SECTION N.T.S. APN: 50008201 APN: 50008202 APN: 50008225 APN: 50008224 APN: 50008223 �O GRAPHIC SCALE IN FEET 0 15 30 60 FACE OF BUILDING PROJECT BOUNDARY 40' EXISTING PAVEMENT EX. RW ROAD 20' FC TO 20' FC TO (� 10.0' 10.0' 10.0' 10.0' 8'-10' 4' 9 THRU THRU THRU THRU 10' 4' P�\�i LANE LANE LANE LANE i EX SWLK EX PVMT TO REMAIN 2 EX 6" C&8 SAN JUAN ST ARTERIAL TYPICAL SECTION N.T.S. CLASSIFICATION: MINOR ARTERIAL OWNER EXISTING EASEMENTS PER COMMITMENT FOR TITLE INSURANCE, OWNER IS AN EASEMENT IN FAVOR OF SANTA ANA VALLEY LISTED AS: SPACE-IAG-I, LLC C/O MERITAGE HOMES IRRIGATION COMPANY FOR A PIPELINE AND RIGHT OF WAY 5 PETERS CANYON ROAD, SUITE 310 AND INCIDENTAL PURPOSES, PER DOCUMENT RECORDED IRVINE CALIFORNIA 92606 OCTOBER 17, 1919 IN BOOK 344 OF DEEDS, PAGE 89. ATTN: JOHANNA CROOKER (PLOTTED HEREON). PHONE: (949)299-3847 EMAIL: JOHANNA.CROOKER@MLCHOLDINGS.NET ZONING DEVELOPER EXISTING: RED HILL AVENUE SPECIFIC PLAN DISTRICT MERITAGE HOMES NO ZONING CHANGE IS BEING PROPOSED 5 PETERS CANYON ROAD, SUITE 310 IRVINE CALIFORNIA 92606 LAND USE ATTN: JOHANNA CROOKER PHONE: (949)299-3847 EXISTING: VACANT EMAIL: JOHANNA.CROOKER@MLCHOLDINGS.NET PROPOSED: MULTI -FAMILY RESIDENTIAL ENGINEER AREA SUMMARY KIMLEY HORN & ASSOCIATES, INC. TOTAL AREA: 3.38 ACRES 3801 UNIVERSITY AVE, SUITE 300 EXISTING LOTS: 2 RIVERSIDE, CA 92501 TOTAL PROPOSED LOTS: 2 ATTN: KIRK MYERS, PE, PLS LOT 1 - 3.32 ACRES FOR CONDOMINIUM PURPOSES RICE 71470 LOT A - 0.07 ACRES FOR OPEN SPACE. LOT A TO BE PHONE: (951) 543-9868 RETAINED BY HOA WITH EASEMENT FOR PUBLIC USE. EMAIL: KIRK.MYERS@KIMLEY-HORN.COM PROPOSED BUILDINGS: 9 RESIDENTIAL UNITS: 73 BUILDING FOOTPRINT AREA: 1.44 AC PRIVATE STREET AREA: 0.94 AC UTILITY PROVIDERS WATER: TUSTIN WATER DEPARTMENT *NOTE: THIS PROJECT DOES NOT PROPOSE ANY PUBLIC RIGHT-OF-WAY DEDICATIONS SEWER: ORANGE COUNTY SANITATION DISTRICT & EAST ORANGE COUNTY SANITATION DISTRICT STORMWATER: CITY OF TUSTIN ELECTRICITY: SOCAL EDISION GAS: SOCAL GAS TELECOM: AT&T / COX COMMUNICATION *NOTE: • ON -SITE WATER SHALL BE PRIVATE. • ALL UNITS TO HAVE SEWER AND WATER SERVICES INDIVIDUALLY. • BUILDING 6 (UNITS 43-46) WILL HAVE WATER AND SERVICE DIRECTLY FROM SAN JUAN ST., ALL OTHER UNITS WILL BE SERVICES IN -TRACT. • ON -SITE STORM SHALL BE PRIVATE. • ON -SITE SANITARY SEWER SHALL BE PRIVATE. BENCHMARK ELEVATIONS FOR THIS SURVEY ARE BASED ON ORANGE COUNTY PUBLIC WORKS BENCHMARK NO. 3A-133-15, BENCHMARK BEING A 4" ALUMINUM DISK STAMPED "3A-133-15", LOCATED IN SW'LY CORNER OF A 4'X15' CATCH BASIN IN THE NW'LY QUADRANT OF THE INTERSECTION OF NEWPORT AVENUE AND EAST MAIN STREET, 45' W'LY OF THE CENTERLINE OF NEWPORT AVENUE, 150' N'LY OF THE CENTERLINE OF EAST MAIN STREET, 19' S'LY OF STREET LIGHT #2096106E, IN THE CITY OF TUSTIN, CALIFORNIA: ELEVATION 123.214 FEET (NAVD88) BASIS OR BEARING BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATIONS GPS 6525 AND GPS 6035R1 BEING NORTH 22030'03" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. LEGAL DESCRIPTION PER COMMITMENT FOR TITLE INSURANCE ORDER NO. NCS-1209745-SA1 DATED FEBRUARY 20, 2024, PREPARED BY FIRST AMERICAN TITLE COMPANY, THE SUBJECT PROPERTY IS DESCRIBED AS FOLLOWS: THE LAND REFERRED TO HEREIN BELOW IS A FEE AS TO PARCEL B AND PARCEL 1 OF PARCEL A, AND AN EASEMENT AS TO PARCELS 2, 3, AND 4 OF PARCEL A, AND IS SITUATED IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 1: PARCEL 2 OF PARCEL MAP, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 52, PAGE 36 OF PARCEL MAP RECORDS OF SAID COUNTY. PARCEL 2: A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936, PAGE 835 OF OFFICIAL RECORDS AND DESCRIBED AS IN, ON AND OVER THE SOUTHWESTERLY 15.00 FEET OF THE SOUTHEASTERLY QUARTER OF THE NORTHEASTERLY HALF OF LOT 31 ON BLOCK 12 OF THE IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 3: A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936, PAGE 837 OF OFFICIAL RECORDS AND DESCRIBED AS IN, ON AND OVER THE NORTHEASTERLY 15.00 FOOT OF THE SOUTHEASTERLY 200.00 FEET OF THE SOUTHWESTERLY (SEE NOTE BELOW) ONE HALF OF LOT 31 IN BLOCK 12 OF THE IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. (NOTE: COMMITMENT FOR TITLE INSURANCE AND VESTING GRANT DEED INCORRECTLY USE "SOUTHEASTERLY" WHERE "SOUTHWESTERLY" IN UNDERLINED ABOVE) PARCEL 4: A PERPETUAL EASEMENT AND RIGHT OF WAY FOR STREET AND HIGHWAY PURPOSE CONVEYED TO THE CITY OF TUSTIN IN A DEED RECORDED MAY 19, 1966 IN BOOK 7936, PAGE 841 OF OFFICIAL RECORDS AND DESCRIBED AS IN, ON AND OVER THE NORTHEASTERLY 15.00 FEET OF THE NORTHWESTERLY 150.00 OF THE SOUTHEASTERLY 350.00 FEET SOUTHWESTERLY HALF OF LOT 31 IN BLOCK 12 OF THE IRVINE'S SUBDIVISION, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCEL 1, AS PER FILED IN BOOK 52, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY ORANGE, STATE OF CALIFORNIA. APN: 500-141-10 AND 500-141-09 FLOOD NOTE PER FEMA FLOOD INSURANCE RATE MAP NO. 06059CO277J WITH AN EFFECTIVE DATE OF DECEMBER 3, 2009, THE SUBJECT PROPERTY IS WITHIN "ZONE X", (AREAS OF 2.0% ANNUAL CHANCE FLOOD; AREAS OF 1 % ANNUAL CHANCE FLOOS WITH AVERAGE DEPTHS LESS THAN ONE FOOT OR WITH DRAINAGE AREAS LESS THAN ONE SQUARE MILE- AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD). Docusign Envelope II 7648A4D0-9BF4-4AF5-B975-2499B123BB02 CITY OF TUSTIN PRELIMINARY GRADING AND UTILITY PLAN U) a) Y 0- N LO N 0 N L Q Q 0 CD z_ 0 NQ L.L c� w I U / Q 0 0 c a) 0 Q U aD U I rn 0 (9 N rn > w 0 I > cy / a� E 0 c c 0 U N 0 c E i c a C7 a c n c a 0 U 0 O U E U O a �W APN: 50014119 EX. POWER POLES AND OVERHEAD LINES TO BE UNDERGROUNDED APN: 50014111 r / I EX. POWER POLES AND OVERHEAD LINES TO BE UNDERGROUNDED w FACE OF BUILDING EX. TREE TO -BE -REMOVED (TYP) APN: 50002204 i 3' 1 12'BCTO12'BCTO� (±2.0%)� �(±2.0%) PROP. FLUSH CURB O FACE OF BUILDING 3' TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES o" INTERSECTION TO BE SIGNALIZED PROP. PVMT I 5 To 6 TO PROP. FLUSH CURB PROP. 8" WATER LINE O PROP. PVMT PROP. 8" SANITARY ,,,� SEWER LINE PROP. STORM_/ DRAIN LINE RTER OR STREETS TYP CAE SECTOR N.T.S. ROAD PROP. 6" C&B PROP. PVMT 0 • APN: 50002212 �I I — SEWER LINE OPERATED BY OC SANITATION. UILDI' FACE OF BUILDING P. FLUSH CURB PVMT PROP. 8 WATER LINE P PROP. STORM PROP. 8" SANITARY DRAIN LINE SEWER LINE LATER OR STREETS TYPCAL SECTOR 3' 12'BCTO� APN: 50014107 12.0' 21' FC TO 9.0' 5' PARALLEL PARKING (±2.0%)� I �(±2.0%) a PROP. FLUSH CURB 6' TO 5' TO Q—PROP. 8" WATER LINE PROP. PVMT PROP. 8" SANITARY SEWER LINE RTER OR STREETS TYP CAL SECT OR N.T.S. N.T.S. LEGEND PROJECT BOUNDARY PROPOSED LOT LINES EXIST. CENTERLINE — EXIST. RIGHT OF WAY BP: 33+15.28 PROPOSED EASEMENT EXIST. EASEMENT — — — — — — — — EXIST. PARCEL LINE PROP. FACE OF CURB EXIST. FACE OF CURB PROP. WATER LINE PROP. SEWER LINE APN:50008201 PROP. STORM LINE PROP. FIRE HYDRANT EXIST. SEWER LINE EXIST. WATER LINE EXIST. GAS LINE o EXIST. STORM LINE M LOT NUMBER LABEL APN:50008202 PAD NUMBER LABEL xxx PROP. MANHOLE CATCH BASIN o EXIST. CONTOUR PROP. CONTOUR LABEL XXX APN: 50008225 PROP. TRANSFORMER WQMP STORAGE CHAMBERS O107 L LO APN:50008224 PROPOSED TRAFFIC SIGNALS M / 20') - FC ABBREVIATIONS EX. 8" SS LINES OPERATED BY EOCWD. 36+66.00 PROJECT BOUNDARY PROP. 6" C&B -PROP. PVMT APN: 50008223 FH FIRE HYDRANT PROP PROPOSED MWS MODULAR WETLAND STRUCTURE TYP TYPICAL CENTERLINE HP HIGH POINT LP LOW POINT FS FINISHED SURFACE PE PAD ELEVATION RET RETAINING WALL EX. EXISTING GB GRADE BREAK ASSESSOR'S PARCEL NO APNS: 50014110, 50014109 ESTIMATED EARTHWORK QUANTITIES CUT: 2,400 CY FILL: 3,100 CY NET: 700 CY (FILL) NOTE: THE EARTHWORK QUANTITIES ABOVE ARE FOR PERMIT PURPOSES ONLY. THE CONTRACTOR IS NOT AUTHORIZED TO USE THE ESTIMATES HEREIN FOR BIDDING AND CONSTRUCTION PURPOSES WITHOUT THE EXPLICIT WRITTEN PERMISSION OF THE ENGINEER OF RECORD. NO REPRESENTATIONS OF SUCH QUANTITIES OR A BALANCED SITE CONDITION ARE MADE BY THE ENGINEER OF RECORD. UNLESS EXPLICITLY STATED OTHERWISE HEREIN, THE ABOVE QUANTITIES ARE APPROXIMATE, IN PLACE VOLUMES CALCULATED FROM THE EXISTING GROUND TO THE PROPOSED FINISHED GRADE. EXISTING GROUND IS DEFINED BY THE CONTOURS AND SPOT GRADES ON THE BASE SURVEY. PROPOSED FINISHED GRADE IS DEFINED AS THE FINAL GRADE AS INDICATED ON THE GRADING PLAN(S) AS FINISHED GROUND, FINISHED SURFACE, AND FINISHED FLOOR ELEVATIONS. UNLESS EXPLICITLY STATED OTHERWISE HEREIN, THE ABOVE GRADING QUANTITIES HAVE NOT BEEN FACTORED TO ACCOUNT FOR CHANGES IN VOLUME DUE TO BULKING, CLEARING AND GRUBBING, SHRINKAGE, SUBSIDENCE, OVER -EXCAVATION AND RE -COMPACTION, AND CONSTRUCTION METHODS. NOR DO THEY ACCOUNT FOR THE THICKNESS OF PAVEMENT SECTIONS, STORMWATER QUALITY MEDIA SECTIONS, UTILITY PIPES, TRENCHING AND BEDDING MATERIALS, BUILDING OR WALL FOOTINGS, BUILDING SLAB THICKNESSES AND UNDERLYING BASE OR SAND LAYERS, REUSE OF PULVERIZED MATERIALS THAT WILL UNDERLIE NEW PAVEMENTS, ETC. ANY OVEREXCAVATION AND RECOMPACTION DEPTHS AND VOLUMES, SHRINKAGE FACTORS, PAVEMENT SECTIONS, BUILDING PAD SECTIONS, AND BULKING FACTORS ARE BASED ON A SEPARATE GEOTECHNICAL REPORT. ANY BUILDING SLAB THICKNESSES ARE BASED ON THE SEPARATE BUILDING STRUCTURAL ENGINEERING PLANS. ANY UTILITY, STORMWATER MITIGATION, AND FOOTING SPOILS ARE BASED ON ESTIMATES PROVIDED BY THE OWNER OR CONTRACTOR. UTILITY PROVIDERS WATER: TUSTIN WATER DEPARTMENT SEWER: ORANGE COUNTY SANITATION DISTRICT & EAST ORANGE COUNTY SANITATION DISTRICT STORMWATER: CITY OF TUSTIN ELECTRICITY: SOCAL EDISION GAS: SOCAL GAS TELECOM: AT&T / COX COMMUNICATION *NOTE: • ON -SITE WATER SHALL BE PRIVATE. • ALL UNITS TO HAVE SEWER AND WATER SERVICES INDIVIDUALLY. • BUILDING 6 (UNITS 43-46) WILL HAVE WATER AND SERVICE DIRECTLY FROM SAN JUAN ST., ALL OTHER UNITS WILL BE SERVICES IN -TRACT. ON -SITE STORM SHALL BE PRIVATE. 'y • ON -SITE SANITARY SEWER SHALL BE PRIVATE. GRAPHIC SCALE IN FEET 0 15 30 60 Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 CITY OF TUSTIN PRELIMINARY PARKING AND CIRCULATION PLAN —1 't9 FIRE HYDRA , NO PARKIN ° 15' EI ER SIDE (TYP) U-HAUL MOVING & STORAGE GO GREEN EXPRESS CAI WASH a� E Q N N 0 N L Q Q 0 z Q J z O elf U I O O U Q) Cc S_ / 0 Q U / N U J I O O c9 N Ln / > W I > ry / c 0 TENTATIVE TRACT MAP 19361 - COMPASS AT REDHILL FOR CONDOMINIUM PURPOSES TUSTIN HIGH SCHOOL z Y FIRE HYDRANT, NO PARKIN Q 22' 15' EITHER SIDE (TYP) -Lj O ® ® ®_ r ®®®®® 33 AC N M STREET'B' R0' 34 El r _ z ❑❑❑�_ 35 9 I - �9 1� \ 17 18 ® 3' �/ LJ ❑2 25 26 3 - z 3' 36 11 3' 3' 0 AD I 27 lu 37 E ® 12 D 20 ADA ® W (� PG1 W 28 DA w 38 WBUILDI65' BU11DI 2 \wB I\ 2G 3 20' BUILDI G 4W ��\ I Cn BUILDING 5 / V ) a I 24' 12' 12' I I `FAI ❑IL '� 14J HUH I � HU 24' 12' 12' 15 23 \ 16 24 zz zzz 177 ❑❑ \ C� 29' EXIST. ` IVE I LE — — — — N STREET 'A' OL— — N � N El I I APN 500-141-08 (NOT A PART) il P I I f___-150' FH RADIUS (TYP) � A -- zzzz� - - 43 ADA IL I 8'I Lu I 9' W BUILDING 6 I '% © ® U) I 45 \ ❑ ❑ 3' 46 I U' I o / r7 BUILDIN 7 ® B�JILDI G 8 4' BU LDI G 9LZ ® 20' ❑ z z ❑ \ ® 20' / ® \ ❑ \ ® 47 48 49 50 51 52 53 28' 54 ©5 56 57 58 59 60 61 62 63 �� 64 65 66 67 68 69 70 71 72 73 W ® Q J N f � �o Q h' ■ ■ ■ ■ __j r OF r: _> ® o �® on LOS F III LL_ / 0 - - (_3'1 U LL_ - O - y A - INTERSECTION TO BE SIGNALIZED ram, INSr r�r��r r r�r��• • � o O O O r o m- RED HILL AVE o N L0 I MINE GHT TRIANGLE 20 ti GRAPHIC SCALE IN FEET 0 15 30 60 LEGEND PROJECT BOUNDARY PROPOSED LOT LINES PROPOSED EASEMENT EXISTING CENTERLINE EXIST. RIGHT OF WAY EXIST. PARCEL LINE EXIST. EASEMENT - - - - - - - - PROP. FACE OF CURB EXIST. FACE OF CURB PROP. FIRE HYDRANT CONDOMINIUM UNIT NUMBER �X AC COMPRESSOR PROPOSED ON -SITE STREET PARKING COUNT PROPOSED OFFSITE STREET PARKING COUNT 0 PROPOSED TRAFFIC SIGNALS -' PARKING SUMMARY GARAGE PARKING (2 PER UNIT) 146 TOTAL STANDARD STREET PARKING ON -SITE 16 ADA ON -SITE STREET PARKING 2 TOTAL ON -SITE PARKING 164 OFFSITE STREET PARKING (REDHILL) 13 TOTAL PROJECT PARKING 177 Now VO Now ;�°0, 20' FIRE TRUCK TURNING CLEARANCE DETAIL N.T.S. Docusign Envelope ID: 7648A4D0-9BF4-4AF5-B975-2499B123BB02 ATTACHMENT 7 EXHIBIT C EXHIBIT C (hyperlink): ADDENDUM TO THE RED HILL AVENUE SPECIFIC PLAN EIR WITH TECHNICAL APPENDICES, INCLUDING MMRP Full link: https://www.tustinca.org/DocumentCenter/View/l7924 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE ORDINANCE NO. 1566 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT (DA) 2024-0004 BETWEEN THE CITY OF TUSTIN, CALIFORNIA, AND MERITAGE HOMES OF CALIFORNIA, INC. TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING FOUR AFFORDABLE HOUSING UNITS FOR VERY -LOW INCOME HOUSEHOLDS, A PUBLIC AMENITY SPACE INCLUDING PUBLIC ART AND GATEWAY SIGNAGE AT THE CORNER OF RED HILL AVENUE AND SAN JUAN, ON -STREET PUBLIC PARKING BAYS ALONG RED HILL AVENUE, A NEW TRAFFIC SIGNAL, AND ASSOCIATED OFF -SITE IMPROVEMENTS FOR A NEW RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE 73 RESIDENTIAL CONDOMINIUM UNITS, INCLUDING FOUR (4) AFFORDABLE UNITS, ON APPROXIMATELY 3.39 ACRES AT 13751 AND 13841 RED HILL AVENUE The City Council of the City of Tustin does ordain as follows: The City Council finds and determines as follows: A. That on September 7, 2021 the City of Tustin approved Development Agreement (DA) 2021-001 with Space-IAG-1, LLC for the development of a mixed -use development consisting of 137 residential apartment units and 7,000 square feet of commercial space (Red Hill Mixed Use Project). The Red Hill Mixed Use Project (previously entitled project) included a DR-2021-002 DA 2021-001, SUB 2021-001/ Vesting TTM 17822, and Density Bonus Law Concession and Waiver Requests. That on March 6, 2025, the City received a formal request from Craig Swanson of the Space-IAG-1, LLC to withdraw and voluntarily terminate the Vesting TTM 17822, DA 2021-001 and Master Sign Plan. The request provides that the voluntary termination is contingent upon obtaining all required discretionary approvals for the newly proposed Compass at Red Hill Project (proposed project). That Section 9615 of the Tustin City Code provides for amendments or cancellation in whole or in part to a development agreement upon adoption of an ordinance and mutual consent of all parties to the development agreement. B. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Meritage Homes of California, Inc. Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE Ordinance No. 1566 Page 2 for a Residential Allocation Reservation (RAR) 2025-0001, Design Review (DR) 2024-0014, Development Agreement (DA) 2024-0004, Subdivision (SUB) 2024-0005/ Tentative Tract Map (TTM) No. 19361, and Density Bonus Requests with the provisions of five percent of units identified as very -low income housing with a request for density bonus of twenty (20) percent (61 base units, plus 12 density bonus units); one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed - Use); and use of State Density Bonus Law parking standards; to construct a new, residential condominium development project that would include seventy-three (73) units in nine (9) buildings, including four (4) affordable units, on approximately 3.39 acre site located at 13751 and 13841 Red Hill Avenue of the Red Hill Avenue Specific Plan (RHASP). The project would also include an enclosed, two -car garage and private open space for each dwelling unit, a total of 18 guest surface parking spaces, common open space areas, landscaping, and an approximately 3,200 square foot (SF) public amenity space including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street. The project is located at 13751 and 13841 Red Hill Avenue within the Red Hill Avenue Specific Plan (RHASP, SP-13). C. That applications for DAs shall be processed in accordance with Section and Article 9, Chapter 6, DAs, of the Tustin City Code (TCC). D. That pursuant to the RHASP Section 6.7.1 (A)(10), the developer consents to enter into a mutually agreeable Development Agreement requested by the City to ensure the voluntary provision of community public benefits, by including four (4) affordable housing units for very low-income households, an approximately 3,200 square foot public amenity space including public art and gateway signage, on -street public parking bays along Red Hill Avenue, a new traffic signal on Red Hill Avenue at the project entry, and associated off -site improvements. E. 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. F. 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 City Council 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 RHASP General Plan land use designation and the RHASP zoning Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE Ordinance No. 1566 Page 3 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 69 market rate units and four (4) 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. 4. The project will not be detrimental to the health, safety and general welfare. The project will comply with the RHASP and TCC, as applicable pursuant to State Density Bonus Law, 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 four (4) Very Low Income units. 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. G. That the provisions of DA 2024-0004 are consistent with RHASP and the policies of the General Plan, as evidenced by the following findings: That the project is adjacent to and surrounded by other residential and commercial uses promoting pedestrian -oriented development and a walkable community. 2. That residential uses are beneficial and compatible with adjacent uses consistent with the overall vision, goals and intent of the RHASP. 3. That the project would provide a new traffic signal and pedestrian crosswalk at the project entry, and Class II bike along the project frontage on Red Hill Avenue and to implement the City's vision for more bikeway and pedestrian access and connectivity in the Specific Plan area. 4. That the project would implement the goals and objectives of the Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE Ordinance No. 1566 Page 4 RHASP by providing enhanced streetscape improvements and a public amenity space with gateway signage, new crosswalks that connect to the commercial center across the street, new sidewalks, and internal pedestrian connectivity to common open space areas. The project implements the following: a. Goal 1. Enhance streetscape, landscape, and public amenities throughout the Specific Plan area. b. Objective 1-3. Encourage a "sense of place" within the Specific Plan area through quality site design, architectural design, and public improvements. c. Goal 2. Improve visual and functional connections and linkages between Red Hill Avenue, surrounding residential neighborhoods, adjacent public and institutional uses, and Interstate 5. d. Objective 2-1. Identify ways to improve and enhance linkages and connections between new development in the Specific Plan area and surrounding neighborhoods. e. Goal 5. Improve pedestrian and bike accessibility and vehicular circulation to minimize potential conflicts between different users and improve mobility throughout the Specific Plan area and connectivity with the greater community. f. Objective 6-1. Promote the development and maintenance of adequate parking facilities commensurate with parking demand. g. Goal 8. Ensure development within the Specific Plan area is sensitive to and compatible with surrounding land uses. 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 sixty-nine (69) market -rate for sale units and four (4) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will provide four (4) Very Low Income units, on a site identified on the City's Site Inventory. That the applicant requested use of a Community Facilities District (CFD) program through the California Municipal Finance Authority (CMFA) to finance public facilities and development impact fees (DIF); and That CMFA has established the Bond Opportunities for Land Development Program (the "BOLD Program") to allow the financing of certain public Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE Ordinance No. 1566 Page 5 facilities and/or certain DIF levied by local agencies in the State to finance public facilities, through the levy of special taxes under the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"); and That the City of Tustin is currently a member of CMFA in good standing, such that only a new City Council Resolution is necessary to authorize participation in BOLD program. That on October 16, 2018, the Tustin City Council certified the Final Program Environmental Impact Report (EIR) for the Red Hill Avenue Specific Plan (RHASP) (SCH # 2017041031). K. That the City has prepared an Addendum to the Certified EIR for the Project pursuant to CEQA Guidelines Section 15164 because none of the conditions identified in Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR have occurred and because the Project is a later activity within the scope of the RHASP Program EIR pursuant to CEQA Guidelines Section 15168. The project would be required to comply with applicable mitigation measures identified in the RHASP EIR/MMRP and incorporated by reference in the Addendum. L. That a public hearing was duly called, noticed, and held for RAR 2025-0001, DR 2024-0014, DA 2024-0004, SUB 2024-0005/TTM No. 19361, Density Bonus request and concession on May 13, 2025, by the Planning Commission where the Planning Commission motioned to approve the recommendation to the City Council. M. That a public hearing was duly called, noticed, and held on said application on June 3, 2025, by the City Council. The City Council hereby adopts Ordinance No. 1566 approving DA 2024-0004, to accept the voluntary provision of community public benefits, by including four (4) affordable housing units for very low-income households, an approximately 3,200 square foot public amenity space including public art and gateway signage at the corner of Red Hill Avenue and San Juan Street, on -street public parking bays along Red Hill Avenue, a new traffic signal on Red Hill Avenue at the project entry, and associated off -site improvements, relative to the construction of a new, residential condominium development at 13751 and 13841 Red Hill Avenue, as identified in Exhibit A attached hereto. Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE Ordinance No. 1566 Page 6 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3rd day of June 2025. AUSTIN LUMBARD Mayor ERICA N. YASUDA City Clerk APPROVED AS TO FORM: DocuSigned by: �"z"-9 D EWENDT-G City Attorney /msd/ Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE Ordinance No. 1566 Page 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ERICA N. YASUDA, the undersigned, hereby certify that I am the City Clerk of the City of Tustin, California; that Ordinance No. 1566 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of June, 2025. CITY COUNCIL AYES: CITY COUNCIL NOES: CITY COUNCIL ABSTAINED: CITY COUNCIL ABSENT: ERICA N. YASUDA City Clerk Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE Ordinance No. 1566 Page 8 Exhibit A: DA 2024-0004 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Clerk ATTACHMENT 8 EXHIBIT A (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 (2024-0004) between CITY OF TUSTIN and MERITAGE HOMES OF CALIFORNIA, INC. Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE TABLE OF CONTENTS Page 1. Definitions........................................................................................................................2 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.....................................................................................................................6 3. Development of Project.................................................................................................7 3.1 Development Regulations for the Project Approvals....................................7 3.2 Development Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals............................................................................................................. 8 3.3 Other Governmental or Quasi -Governmental Permits.................................9 3.4 No Conflicting Enactments...............................................................................9 3.5 Reservations of Authority................................................................................10 3.6 Applicable Approvals.......................................................................................12 3.7 City Acceptance of Developer Improvements and Obligations ................12 3.8 CFD provisions 4. Public Benefits..............................................................................................................13 4.1 Provision of Public Benefits............................................................................13 4.2 Effect of Public Benefits Default....................................................................14 5. Enforcement ..................................................................................................................14 6. Annual Review of Developer's Compliance With Agreement...............................14 6.1 General..............................................................................................................14 6.2 Developer Obligation to Demonstrate Good Faith Compliance................15 6.3 Procedure..........................................................................................................15 6.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Developer's Default.........................................................15 7. Events of Default..........................................................................................................15 7.1 General Provisions...........................................................................................15 7.2 City's Remedies................................................................................................16 7.3 Developer's Remedies....................................................................................16 7.4 Waiver................................................................................................................17 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE TABLE OF CONTENTS Page 7.5 Additional City Remedy for Developer's Default.........................................17 7.6 No Personal Liability of City or Developer Officials, Employees, or Agents................................................................................................................17 7.7 Recovery of Legal Expenses by Prevailing Party in Any Action...............17 8. Force Majeure...............................................................................................................17 9. Cooperation in the Event of Legal Challenge..........................................................18 9.1 Indemnity Arising From Acts or Omissions of Developer ..........................18 9.2 Third Party Litigation........................................................................................18 9.3 Environmental Indemnity................................................................................20 9.4 Labor Laws........................................................................................................20 10. Assignment ....................................................................................................................20 10.1 Right to Transfers.............................................................................................20 10.2 Transfers Permitted Without City Consent...................................................21 10.3 City Consideration of Requested Assignment.............................................21 10.4 City Approval of Transferee............................................................................21 10.5 Assignment and Assumption Agreement.....................................................21 10.6 Liability of Transferor and Transferee...........................................................22 11. Mortgagee Rights.........................................................................................................22 11.1 Encumbrances on Property............................................................................22 11.2 Mortgagee Protection......................................................................................22 11.3 Mortgagee Not Obligated................................................................................22 11.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure....................23 12. Miscellaneous Terms...................................................................................................23 12.1 Notices...............................................................................................................23 12.2 Project as Private Undertaking......................................................................24 12.3 Cooperation.......................................................................................................24 12.4 Estoppel Certificates........................................................................................24 12.5 Rules of Construction......................................................................................25 12.6 Time Is of the Essence....................................................................................25 12.7 Waiver................................................................................................................25 12.8 Counterparts.....................................................................................................25 12.9 Entire Agreement.............................................................................................25 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE TABLE OF CONTENTS Page 12.10 Severability........................................................................................................25 12.11 Developer Deposit............................................................................................25 12.12 Construction......................................................................................................26 12.13 Successors and Assigns; Constructive Notice and Acceptance ..............26 12.14 No Third Party Beneficiaries...........................................................................27 12.15 Applicable Law and Venue.............................................................................27 12.16 Section Headings.............................................................................................27 12.17 Incorporation of Recitals and Exhibits..........................................................27 12.18 Recordation.......................................................................................................27 12.19 Administrative Amendments...........................................................................28 12.20 Authority to Execute.........................................................................................28 EXHIBITS Exhibit A Legal Description of Property Exhibit B Site Plan Exhibit C On Street Parking/Off-site Improvement Conceptual Plan Exhibit D Public Amenity Space Conceptual Plan Exhibit E Assignment and Assumption Agreement Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE DEVELOPMENT AGREEMENT (2024-0004) (Pursuant to California Government Code sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the —th day of , 2025, and is being entered into by and between the CITY OF TUSTIN, a municipal corporation ("City"), and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation ("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 3.389 aces located in the City of Tustin, County of Orange, State of California, located at 13751 and 13841 Red Hill Avenue in the Red Hill Avenue Specific Plan (RHASP) (APN # 500-141-09 & 500-141-10) as legally described on Exhibit A and depicted on Exhibit B attached to this Agreement (the "Property"). The Property is owned by Space-IAG-I, LLC, a Delaware limited liability company ("Space"), and Developer is in escrow to acquire the Property from Space. B. Developer is proposing to develop the Property as a residential townhome development with 73 residential units (as further defined in Section 1 below, the "Project"). C. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Sections 65864 et seq., of the California Government Code. The Development Agreement Statute authorizes the City to enter into development agreements with persons or entities having legal or equitable interests in real property to establish predictability for both City and the property owner in the development process. 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. F. The following land use entitlements and agreements for the Project are being adopted and approved by the City Council concurrently with its approval of this Agreement ("Applicable Approvals"): (1) Final Approval of Residential Allocation Reservation (RAR) 2025-0001, (61 base residential units). (2) Design Review (DR) 2024-0014. (3) Development Agreement (DA) 2024-0004. (4) Subdivision (SUB) 2024-0005/Tentative Tract Map (TTM) No.19361. Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE (5) Density Bonus request with five (5) percent of units identified as very low- income housing; one (1) concession to remove the requirement for a commercial component (Flexible Format Retail and Mixed -Use); Twenty percent (20%) density bonus (12 units); (6) Senate Bill 330 Preliminary Application (PR) 2024-0002. G. City has determined that this Agreement and the Project are 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. 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. H. On , 2025, City's Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. I. On , 2025, 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. On , 2025, consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the City Council adopted its 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: 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 7.7 of this Agreement. "Affordable Units" means residential units affordable to very low income households to be sold by Owner pursuant to Section 4.1.7 below. 2 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE "Adopting Ordinance" shall have the meaning ascribed in Recital I of this Agreement. "Agreement" shall mean this Development Agreement. "Agreement Date" shall mean the date this Agreement is recorded in the Office of the Orange County Recorder. "Applicable Approvals" shall have the meaning ascribed in Recital F of this Agreement. "CEQK 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. "Cam" 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. "City Council" shall mean the governing body of the City of Tustin. "City's Affiliated Parties" shall have the meaning ascribed in Section 9.1 of this Agreement. "Claim" shall have the meaning ascribed in Section 9.1 of this Agreement. "Cure Period" shall have the meaning ascribed in Section 7.1 of this Agreement. "Damages" shall have the meaning ascribed in Section 7.3 of this Agreement. "Default" shall have the meaning ascribed to that term in Section 7.1 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 Meritage Homes of California, Inc., and any successor or assignee to all or any portion of the right, title, and interest of the Project. "Development Agreement Ordinance" shall mean 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 Exactions" shall mean the requirement of City in connection with or pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the construction or installation of any public improvement or facility, or the payment of any fee or charge in order to lessen, offset, mitigate, or compensate for the impacts of development of the 3 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE Project on the environment or other public interests, except as specifically excluded from such definition pursuant to Section 3.5.4. "Development Limitation" shall have the meaning ascribed in Section 2.3.3. "Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Agreement 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 Agreement Date. "Development Regulations" shall mean the following regulations as they are in effect as of the Effective 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 Red Hill Avenue Specific Plan and the Tustin City Code dealing with buildings and construction, subdivisions and inclusionary housing, 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 mean the later of the following two dates: (i) thirty (30) days after the date the Adopting Ordinance is approved by the City Council; or (ii) the date Developer acquires fee titled ownership of the Property. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. "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 seg., as amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seg., 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 seq., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et seg., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections 300f et seg., as amended; the Federal Radon and Indoor Air Quality Research Act, 42 U.S.C. Sections 7401 et seg., as amended; the Occupational Safety 4 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE and Health Act, 29 U.S.C. Sections 651 et seq., as amended; and California Health and Safety Code Section 25100, et seg. "General Plan" shall mean City's General Plan in effect on the Effective 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 7.1 of this Agreement. "Party" or "Parties" shall mean either City or Developer or both, as determined by the context. "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, the Applicable Approvals, 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. "Subsequent Development 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 Effective 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 Agreement 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 Agreement 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 10.1 of this Agreement. 5 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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. For avoidance of doubt, the permitted uses on the Property are residential and ancillary residential uses in connection with such uses as described by the Applicable Approvals. 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 Developer has an equitable interest to acquire fee simple title to the Property as of the Effective Date; (ii) if 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 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 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 Term. 2.3.1 The term of this Agreement (the "Term") shall commence on the Effective Date and shall extend until the Termination Date (as defined below). 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 any right or duty emanating from the Applicable Approvals or any Subsequent Development Approvals. 2.3.2 The "Termination Date" shall be the earliest of the following dates: (i) the fifth (5th) anniversary of the Effective Date, which may be extended pursuant to Sections 2.3.3 or 2.3.4; (ii) the date of termination of this Agreement by the City in accordance with Article7 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; (iii) 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 Development Exactions, 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; (iv) 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 (v) the date of adoption of a referendum measure overriding or repealing the Adopting Ordinance that is not subject to further appeal. Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 2.3.3 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 ("Development Limitation") during the Term, the Parties understand and agree that various third parties may take action causing a de facto Development Limitation. Consequently, the Term and the obligations imposed pursuant to this Agreement and the expiration date of all Applicable Approvals shall be extended day for day for any delay arising from or related to 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. 2.3.4 Unless otherwise agreed by the City Council in its sole discretion, the maximum Term of this Agreement shall be five (5) years from the Effective Date, subject to (i) any tolling(s) of the Term pursuant to Section 2.3.3 of the Agreement; or (ii) the issuance of one five (5) year mandatory automatic extension of the Term if Developer has pulled the twenty fifth (251n) building permit for the Project prior to the expiration of the Term and Developer is not in breach under the terms of the Agreement. 2.3.5 Notwithstanding any provision to the contrary herein, in the event that, for any reason whatsoever, Developer fails to acquire fee simple title to the Property ("Fee Title") within 210 days following the date the Adopting Ordinance is approved ("Fee Title Deadline"), Developer or City may elect, in each Party's sole and absolute discretion, and upon written notice to the other Party within sixty (60) days following the Fee Title Deadline, to terminate this Agreement and the Applicable Approvals. Effective upon such termination by either Party, this Agreement and the Applicable Approvals shall be of no further force or effect. If such termination occurs, the parties agree that all "applicable approvals" which were obtained by Space in connection with its project on the Property, shall automatically be reinstated. Notwithstanding the foregoing, any such reinstatement shall not extend the original term of the Applicable Approvals. 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 approval of RAR 2025-0001 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 Tentative Tract Map ("TTM"). 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 8. Other time extensions may be considered at the discretion of the City Community Development Director ("Director"), not to be unreasonably withheld, conditioned, or delayed. Developer's precise grading permit application shall comply with all requirements specified in City Code section 8909. The allocation of the 61 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 7 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE equivalent extension of time to use its RAR. If the City rescinds the code provision of 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 Development Approvals expeditiously, and within the time provided by Government Code section 65913.3. City shall prioritize the processing of all Subsequent Development 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 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 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 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. Notwithstanding the foregoing, due to Developer's submission of a preliminary application, which was deemed complete, pursuant to Government Code sections 65895.5 and 65941.1, the Development Impact Fees applicable to the Project are those Development Impact Fees, in both fee category and rate, which were in place the date Developer submitted its preliminary application, and these Development Impact Fees shall remain in effect throughout the Term. 3.2 Development Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals. 3.2.1 Other than as expressly set forth in this Agreement, during the Term of this Agreement, (i) Developer shall have the vested right to Develop the Project on and with respect to the Property in accordance with the terms of the Development Regulations, the Applicable Approvals and this Agreement and (ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein is intended to limit or restrict City's discretion with respect to (i) review and approval requirements contained in the Development Regulations, E:3 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE (ii) exercise of any discretionary authority City retains under the Development Regulations, (iii) the approval, conditional approval, or denial of any Subsequent Development Approvals that are required for Development of the Project as of the Effective Date, or (iv) any environmental approvals that may be required under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions referred to in clauses (i)-(iv) of this sentence, City reserves its full discretion to the same extent City would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Developer's rights with respect to any laws, regulations, rules, or official policies of any other governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the provisions set forth in this Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the date on which the City Council approves the Adopting Ordinance. Concerning any denials of any Subsequent Development Approvals, the City shall base such denials solely upon an application of the Development Regulations, the Applicable Approvals or this Agreement. 3.2.2 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. 3.2.3 Developer may apply to City for permits or approvals necessary to modify or amend the Development specified in the Development Regulations, 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 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. 3.3 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. 3.4 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 3.5 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 9 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE effective after the Agreement 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 consent judgment (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 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, the Applicable Approvals and the Development Regulations, notwithstanding adoption by City's electorate of an initiative to the contrary after the Agreement 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. 3.5 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 3.5 shall apply to and govern the Development of the Project on and with respect to the Property. 3.5.1 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. 3.5.2 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"). 3.5.3 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. 3.5.4 Development Exactions Applicable to Property. During the Term of this Agreement, unless otherwise prohibited or limited under state law, Developer shall be required to satisfy and pay all Development Exactions at the time performance or payment is due to the same extent and in the same amount(s) that would apply to Developer and the Project in the absence 10 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE of this Agreement; provided, however, that to the extent the scope and extent of a particular Development Exaction for the Project has been established and fixed by City in this Agreement or the conditions of approval for any of the Applicable Approvals or Development Regulations approved on or before the Effective Date, the City shall not alter, increase, or modify said Development Exaction in a manner that is inconsistent with this Agreement or such conditions of approval for any of the Applicable Approvals or such Development Regulations without Developer's prior written consent or as may be otherwise required pursuant to overriding federal or state laws or regulations (Section 3.5.5 hereinbelow). Notwithstanding any other provision of this Agreement, nothing in this Agreement is intended or shall be deemed to vest Developer against the obligation to pay any of the following (which are specifically excluded from the definition of "Development Exactions") in the full amount that would apply in the absence of this Agreement: (i) City's normal fees for processing, environmental assessment and review, tentative tract and parcel map review, plan checking, site review and approval, administrative review, building permit, grading permit, inspection, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting project applications, plans, and specifications; (ii) fees and charges levied by any other public agency, utility, district, or joint powers authority, regardless of whether City collects those fees and charges; or (iii) community facility district special taxes or special district assessments or similar assessments, business license fees, bonds or other security required for public improvements, transient occupancy taxes, sales taxes, property taxes, sewer lateral connection fees, water service connection fees, new water meter fees, park fees and the New Construction Tax (as described in Section 2601 of the Tustin City Code.) 3.5.5 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 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. 3.5.6 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, based upon objective identified written health or safety standards, policies or conditions as they existed on the Effective Date, shall apply to the Property, even though the application of the 11 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE ordinance, resolution, rule regulation, program, or official policy would result in the impairment of Developer's vested rights under this Agreement. 3.5.7 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. 3.5.8 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 of Tustin as and when service connections are provided and service commences). 3.6 Applicable Approvals. 3.6.1 Subdivision Map. Pursuant to Government Code Section 66452.6 and any other applicable provisions of the Government Code, the term of the TTM and any other subdivision or parcel map that is approved for all or any portion of the Property shall be extended 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. 3.6.2 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. 3.6.3 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. 3.7 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 promptly 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. 12 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 3.8 Community Facilities District 3.8.1 Formation of the CFD 3.8.1.1 Formation. Developer shall, pursuant to the Mello Roos Act, submit a petition to the City or, alternatively, to the California Municipal Financing Authority ("CMFA") for participation in CMFA's Bond Opportunities for Land Development ("BOLD") program, or similar CFD authority and associated program, for the formation of a community facilities district, the boundaries of which shall include those of the Property ("CFD"). If the City prefers that CMFA form the CFD, City shall approve a resolution authorizing the use of the BOLD program, and Developer may submit an application for formation of a CFD through the BOLD program. The agency that forms the CFD for the Property, shall be referred to in this Section 3.8 as the "Issuer." If City is the Issuer, City shall initiate the CFD formation process promptly following submission of Developer's petition and compliance with Section 53318(d) of the Mello -Roos Act, and shall use good faith, diligent efforts to timely form the CFD. Developer agrees to cooperate in the formation and agrees to vote in favor of the formation of the CFD for which it has petitioned. If CMFA, or similar CFD authority is the Issuer, City agrees to cooperate and participate, as needed, with Developer and CMFA, or similar CFD authority, in the formation of the CFD, including providing its consent and approval of a joint community facilities agreement ("JCFA") with CMFA. 3.8.1.2 Authorized Uses. The CFD shall be authorized to finance (i) public infrastructure required to be constructed under the Development Agreement, including without exception, public streets, highways, and bridges, and other related improvements such as grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway landscaping related thereto, water facilities, storm drain facilities, sewer facilities, public parks, landscaping, electrical facilities, (collectively, "Authorized Facilities"), and (ii) Development Impact Fees. 3.8.1.3 Joint Community Facilities Agreements. In addition to the JCFA described above, the Issuer may enter into a JCFA with another Governmental Entity that will own or operate any of the Authorized Facilities. If the City is the Issuer, the City and Developer agree that to the extent required for compliance with the Mello Roos Act, they will each take all steps reasonably necessary to procure the authorization and execution of any such JCFA with any such Governmental Entity before the issuance of any CFD Bonds (as defined below) that will finance Authorized Facilities that will be owned or operated by such Governmental Entity. The City and Developer do not currently anticipate that any of the Authorized Facilities will be owned by a Governmental Entity other than the City. 3.8.1.4 Notice of Special Tax Lien. Special Taxes shall be secured by recordation in the Official Records of the County of Orange of a continuing lien against the Property. 3.8.1.5 RMA. Developer and the Issuer shall cooperate in developing the rate method and apportionment of Special Taxes for the CFD ("RMA") and each shall use good -faith reasonable efforts at all times to furnish timely to the other, or to obtain and then furnish timely to the other, any information reasonably necessary to develop the RMA. The RMA shall provide, in part, (i) for the levy of a special tax ("Special Tax") in an amount requested by Developer, provided that the total effective property tax rates for residential units to be built on the Property do not exceed 2% of the estimated value of such units, (iii) that the Special Tax may increase annually by up to 2%, commencing July 1 following the fiscal year commencement of the levy, and continuing each fiscal year thereafter, (iv) the levying of Special Taxes to accumulate funds 13 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE to pay directly for acquisition or construction of Authorized Facilities before CFD Bonds have been issued, and at the discretion of the Issuer, following the issuance of CFD Bonds and after bond debt service has been paid, and (v) the prepayment in full, or in part, of the Special Taxes. 3.8.2 Issuance of CFD Bonds 3.8.2.1 Issuance. Upon the request of the Developer to have bonds secured by the levy of Special Taxes ("CFD Bonds") issued, the City shall cooperate with the Developer and Issuer in any such issuance. If the City is the Issuer, promptly following Developer's request, Developer and the City shall meet with the City and its public financing consultants to determine the reasonable and appropriate issuance date and the amount of the issuance, and thereafter, use good faith, diligent efforts to timely have the CFD Bonds issued, including the scheduling of necessary public hearings and/or City Council approvals related thereto. If CMFA is the Issuer, the City agrees to cooperate in the process and agrees that under no circumstances will it hinder or prevent the issuance of the CFD Bonds. In connection with CFD Bonds, the Parties agree to the following: 3.8.2.2 Value -to -Lien Ratio. The appraised or assessed value -to -lien ratio required for the issuance of CFD the Developer and Issuer. Bonds shall be three to one (3:1), or otherwise approved by 3.8.2.3 Coverage Ratio. The CFD Bonds shall have a debt service coverage - ratio of one hundred ten percent (110%), unless otherwise approved by the Developer and the Issuer. 3.8.2.4 Term. The CFD Bonds shall have a term of not less than thirty (30) years and not more than forty (40) years, unless otherwise approved by the Developer and Issuer. 3.8.2.5 Credit Enhancement. The City shall not require the Developer to provide a letter of credit or other credit enhancement as security for the payment of Special Taxes in the CFD in connection with the issuance of CFD Bonds, or otherwise. 3.8.3 Acquisition Agreement. Prior to, or contemporaneously with, the approval of a resolution to issue the CFD Bonds, Developer and the Issuer shall enter into an Acquisition Agreement that shall apply to the acquisition and construction of the Authorized Facilities and reimbursement of Fees and have such agreement brought before City Council for approval. 3.8.4 Citv Council/Governina Board Authorization Notwithstanding the foregoing, it is acknowledged and agreed by the Parties that nothing contained in this Section 3.8 shall be construed as committing or requiring the City Council or the governing body of CMFA, if applicable, to authorize and approve the formation of the CFD and/or the issuance of the CFD Bonds. 3.8.5 No Other Land -Secured Financin Except to the extent explicitly permitted under this Agreement, the City shall not initiate the formation of any new land -secured financing district involving the levy of special taxes or assessments on the Property. 14 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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 Amenities. The Project includes an approximately 3,500 square foot public amenity space located at the southwest corner of San Juan Avenue and Red Hill Avenue that is easily accessible to the public and includes a decorative wall, seating, landscaping, and lighting, as more specifically identified on 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"). The Public Amenity Space shall be privately owned and be accessible to the public. Developer shall have the right to reasonably limit the hours the Public Amenity Space can be used by the public, and Developer shall have the right to place reasonable limitations on the uses of the Public Amenity Space. Developer shall complete construction of the Public Amenity Space prior to issuance of the seventieth (70th) building permit for the Project. Developer shall maintain, or, following formation thereof, shall cause the homeowners' association for the Project ("HOX) 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 On -Street Parking. Provision of on -street vehicular parking spaces immediately adjacent to Red Hill Avenue in front of the proposed project). Per the Red Hill Avenue Specific Plan, the ultimate condition of southbound Red Hill Avenue in front of the proposed project will comprise of the following and as conceptually depicted in Exhibit C ("On -Street Parking/Off-site Improvement Conceptual Plan"): • a ten (10) foot median, • an 11'-10'-10' travel lanes, • a nine (9) foot bike lane [including three (3) foot buffer], • a 9' on -street public parking, and • a six (6) foot sidewalk. An alternative can be negotiated based on mutual agreement with the parties and subject to review and approval by the City Engineer. 4.1.3 Design and construction of traffic signal at the intersection of Red Hill Avenue and the main project entrance including traffic signal and any equipment associated with the installation and any surface improvements associated with the new signalized intersection along the east side of Red Hill Avenue. 4.1.4 Gateway Signage. Construction and installation of gateway signage designating the corridor as the beginning of the Red Hill Avenue Specific Plan area at the southwest corner of San Juan Street and Red Hill Avenue, as identified in the RHASP. Said signage shall be subject to the review and approval by the Community Development Department. 15 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 4.1.5 Public Art. As addressed in Section 5.6.3 of the RHASP, Developer shall agree to provide an art program, as described herein (the "Public Art"). An art consultant, mutually selected by the parties, shall be responsible for selecting the Public Art for the Project ("Art Program Consultant"). The Art Program Consultant may use other consultants to perform Public Art. Developer and the Art Program Consultant shall use reasonable efforts to solicit input from the City regarding the selection of the Public Art. Per RHASP Section 5.6.3, Public Art shall be subject to review and approval by the Director. Developer shall provide the Public Art application/submission to the City within 270 days of the issuance of the Project's first building permit, The Parties agree to act in good faith to agree upon the Public Art. If the Director does not approve the Public Art within 90 days of submission by Developer, then Developer, at its sole option, may choose to pay the City $100,000 to be used by the City to provide public art outside the Project site. Such payment shall constitute complete compliance with this Section 4.1.4. If the Parties agree upon the Public Art, the Public Art shall be completed prior to issuance of the Project's final certificate of occupancy. 4.1.6 Park Fee Credit. Developer shall dedicate an easement, either on the Final Map of the TTM or by separate instrument, providing public access to the Public Amenity Space during typical City park hours. Due to Developer's dedication and construction of the Public Amenity Space, Developer shall receive a credit ("Park Fee Credit") against fees owed to provide parkland, as permitted by City Code section 9331, subdivision (d)(6) 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. Developer may apply the Park Fee Credit against Developer's obligation to pay the required Park Fee, which otherwise would be paid at issuance of building permit issuance. Upon dedication of the easement and completion of the Public Amenity Space, the Parties shall determine the actual amount of the Park Fee Credit, and determine what additional Park Fees, if any, will have to be paid by Developer for the remainder of the Project. 4.1.7 Affordable for Sale Units. Developer shall provide four of the 61 base units (equal to five percent of base 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 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. 4.2 Effect of Public Benefits Default. Notwithstanding any other provision of this Agreement to the contrary, if any payment under this Article 4 is not made or any obligation requiring performance is not timely performed by Developer, subject to the provisions of Section 7.1 of this Agreement, the City may withhold further issuance of building permits or other approvals, including final maps, for the Project and the Property, until such time as Developer has made the required payment or undertaken the required performance. 5. Enforcement. Unless this Agreement is amended, canceled, modified, or suspended as authorized herein or pursuant to California Government Code Section 65869.5, this Agreement shall be enforceable by either Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property. 16 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 6. Annual Review of Developer's Compliance With Agreement. 6.1 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, as the same may be amended from time to time. Developer (including any successor to the owner executing this Agreement on or before the Effective Date) shall pay City a reasonable fee in an amount City may reasonably establish, based upon City's actual costs, from time to time 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. 6.2 Developer Obligation to Demonstrate Good Faith Compliance. During each annual review by City, Developer is required to demonstrate good faith compliance with the 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. 6.3 Procedure. The City shall conduct its annual review of the Agreement in accordance with Tustin City Code Section 9617, as the same may be amended from time to time. 6.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Developer's Default. The annual review procedures set forth in this Article 6 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 City Code Section 9617 (as of the Effective Date) and this Article 6 shall supplement and shall not replace the provision of Article 7 of this 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 7.1. 7. Events of Default. 7.1 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"). In the event of a 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 period, the Cure Period timeframes specified in this Section 7.1 shall apply. In addition, in the case of an alleged default by Developer, Developer may appeal such Notice of Default to the City Council, which shall conduct a noticed public hearing on the Notice of Default. If the City Council denies the appeal and determines that 17 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE the Notice of Default was properly issued, the timeframes specified in this Section 7.1 shall apply; provided, however, that such determination shall not preclude Developer from challenging such claimed default in any Action and the City Council's determination shall not be given any special deference by the adjudicator in such Action. 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 defaulting Party shall have such additional time as is reasonably necessary to cure such Default. 7.2 City's Remedies. In the event of a Default by Developer under this Agreement that is not cured during the Cure Period, City 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) termination of this Agreement; or (3) Seeking any other remedy available at law or in equity, provided, however, except as provided in Section 7.7 below with respect to recovery of legal expenses, City agrees and covenants on behalf of itself and it 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 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, any Subsequent Development Approvals, or any permits or entitlements sought in connection with 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, to secure Developer's compliance with its obligations under this Agreement. Therefore, City agrees that Developer, 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. The limitation of Damages specified in this Section 7.2 does not preclude City from recovering from Developer all costs and expenses, including attorneys' fees, specified in Section 7.7 of this Agreement. Furthermore, City, in addition to or as an alternative to exercising the remedies in this Section 7.2, 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 IN Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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). 7.3 Developer's Remedies. In the event of a Default by City under this Agreement that is not cured during the Cure Period, 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) termination of this Agreement; or (3) Seeking any other remedy available at law or in equity, provided, however, except as provided in Section 7.7 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 or monetary relief for any breach of this Agreement or arising out of or connected with any dispute, controversy or issue regarding the application or effect of this Agreement, or 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, any Subsequent Development Approvals, or any permits or entitlements sought in connection with development or use of the Property or Project, or any portion thereof. 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. The limitation of Damages specified in this Section 7.3 does not preclude Developer from recovering from City all costs and expenses, including attorneys' fees, specified in Section 7.7 of this Agreement. In addition, Developer shall have the right to sue City for monetary damages based upon an alleged breach of Section 4.1.6 of this Agreement. 7.4 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. 7.5 Additional City Remedy for Developer's Default. In the event of any Default by Developer, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications, or improvements to public property which it may have received prior to Developer's Default without recourse from Developer or its successors or assigns. 7.6 No Personal Liability of City or Developer Officials, Employees, or Agents. No City or Developer official, employee, or agent shall have any personal liability hereunder for a Default by City or Developer of any of its obligations set forth in this Agreement. 7.7 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 19 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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.. 8. 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, earthquakes, other acts of God, fires, wars, riots or similar hostilities, pandemics, epidemics, strikes or other labor difficulties, state or federal regulations or court actions, action or inaction by the State or any public agency, utility, district, or joint powers authority other than City, or other similar or related items outside of such Party's reasonable control (financial inability expressly excluded). 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. 9. Cooperation in the Event of Legal Challenge 9.1 Indemnity Arisina From Acts or Omissions of Devel 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. The indemnity provisions in this Section 9.1 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive the Termination Date. Notwithstanding the foregoing, Developer's indemnity obligations specified in this Section 9.1 regarding Developer's design, construction or dedication of public improvements shall terminate one (1) year after City accepts Developer's offer of dedication of public improvements. Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 9.2 Third Party Litigation. 9.2.1 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, 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. City's separate counsel's billing rates shall be identical to the rates City pays for its typical municipal litigation rates for legal challenges of the variety being defended. 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. 9.2.2 Actions Furthering the Protect 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 Development 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. Notwithstanding the foregoing, if such litigation results in an outcome which enables Development of the Project to proceed, Developer may recover any sums City owes Developer due to Developer's construction of oversized public facilities, pursuant to any reimbursement agreement entered into between the parties. 9.2.3 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. 9.2.4 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. 9.2.5 Indemnification. In addition to its indemnity obligations set forth in Section 9.1, Developer shall indemnify, defend, and hold harmless City and City's Affiliated 21 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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 cooperate with Developer in an effort to minimize the total litigation expenses incurred by Developer, as more specifically stated in Section 9.2.1, including that if Developer elects not to defend any such third -party action but City wishes to undertake such defense, Developer shall have no obligation to indemnity or defend City 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. Notwithstanding the foregoing, Developer's indemnity obligations specified in this Section 9.2.5 regarding Developer's design, construction or dedication of public improvements shall terminate one (1) year after City accepts Developer's offer of dedication of public improvements. This Section 9.2.5 is intended to be interpreted consistent with Government Code section 66474.9. 9.3 Environmentallndemn In addition to its indemnity obligations set forth in Section 9.1, 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 9.3 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 9.3, "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. 9.4 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 City's Affiliated Parties 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, 22 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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. 10. Assignment. 10.1 Right to Transfers. Developer shall have the right to sell and convey all or a portion of the Property and, upon approval of City, which approval shall not be unreasonably withheld, conditioned, or delayed to transfer or assign (hereinafter, a "Transfer" or "Transfers") Developer's interest in this Agreement, 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 Transferee"); provided, however, that no sale and conveyance of all or a portion of the Property 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 10.3 and 10.4. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Developer under this Agreement that are assigned to such Permitted Transferee with respect to the portion of, or interest in, the Property conveyed to such Permitted Transferee; provided, however, that in the event of a conveyance 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 of this Agreement 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 any conveyance of all or a portion of the Property, including, without limitation, conveyances to governmental entities, future residents, tenants, or a homeowners' association. 10.2 Transfers Permitted Without City Consent. Notwithstanding Section 10.1, the following Transfers of this Agreement shall not require City consent: (i) transactions for financing purposes, including as needed to secure funds necessary for Project construction, and (ii) transactions with a "Developer Affiliate," with 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 of all or any portion of this Agreement to a Developer Affiliate, Developer shall provide notice to the City in the form of the Assignment and Assumption Agreement, as defined in Section 10.5, within ten (10) days after the Transfer. 10.3 City Consideration of Requested Assignment. When consent of a Transfer of this Agreement is required, the City agrees that it will not unreasonably withhold, condition, or delay approval of a request for approval of a Transfer of this Agreement made pursuant to this Article 10 that requires City approval, provided the Developer delivers written notice to the City requesting such approval, consistent with Section 10.4. 10.4 City Approval of Transferee. Within thirty (30) days after the effective date of any proposed Transfer of this Agreement requiring City consent, Developer (as transferor) shall: 23 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE Notify the City, in writing, of such proposed Transfer, consistent with Section 10.3; and ii. Deliver to the City an Assignment and Assumption Agreement, as defined in Section 10.5. Within five (5) days after the receipt of Developer's written notice requesting City approval of a Transfer of this Agreement, 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 Transfer of this Agreement. If no response is received from the City with the requisite time period set for in this Section 10.4, the Transfer is deemed approved. 10.5 Assignment and Assumption Agreement. Prior to any Transfer of this Agreement (whether or not a Transfer 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 materially in the form attached hereto as Exhibit E (an "Assignment and Assumption Agreement"). 10.6 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 this Agreement Transferred and the portion of the Property conveyed in connection therewith: (i) the transferring Developer no longer has a legal or equitable interest in the portion of the Property so conveyed 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; and (iii) the transferring Developer has provided City with the Assignment and Assumption Agreement. In the case of partial Transfers of this Agreement, 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 7.1 and 7.2 against both the Developer and Permitted Transferee. 11. Mortgagee Rights. 11.1 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 with any mortgage, deed of trust or other security device securing financing with respect to the Property ("Mortgage"). Notwithstanding section 12.4, the City shall provide to any mortgagee an 24 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE estoppel certificate in form and content reasonably acceptable to the City within ten (10) days of written request therefor. 11.2 Mortgagee Protection. 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. 11.3 Mortgagee Not Obligated. Notwithstanding the provisions of this Section 11, 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. 11.4 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 annual 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 any 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. 12. Miscellaneous Terms. 12.1 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; or delivered by a reliable courier service that provides a receipt 25 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: TO CITY: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Manager With a copy to: Woodruff & Smart 555 Anton Boulevard, Ste 1200 Costa Mesa, CA 92626 Attn: David E. Kendig, Esq. TO DEVELOPER: MLC/Meritage Homes 5 Peters Canyon Rd Suite 310 Irvine, CA 92606 Attn: Johanna Crooker With a copy to: Allen Matkins Leck Gamble Mallory Natsis LLP 2010 Main Street, Eighth Floor Irvine, CA 92614 Attn: John Condas Either Party may change the address stated in this Section 12.1 by delivering notice to the other Party in the manner provided in this Section 12.1, and thereafter notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the date received, as evidenced by the customary receipt of delivery as provided above. 12.2 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 Parties is that of a government entity regulating the Development of private property by the owner of the property. 12.3 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. 12.4 Estoppel Certificates. At any time, either Party may deliver written notice to the other Party requesting that the other Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and 26 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE effect and is binding on the other 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. 12.5 Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; and "may" is permissive. 12.6 Time Is of the Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 12.7 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. 12.8 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. 12.9 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. 12.10 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 27 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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. In such a situation, City shall not receive any of the benefits of this Agreement. The provisions of this Section 12.10 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall not survive the Termination Date. 12.11 Developer Deposit. Developer shall, within thirty (30) business days after the later of the Effective Date and Developer's acquisition of fee title to the Property, deliver to the City in cash or cash equivalent funds, a deposit in the amount requested by the City based on the City's estimated City Processing Fees including staff time required to complete plan check and perform inspections (the "City Costs Deposit"), which amount shall be deposited by City in an account in a bank or trust company selected by the City and with no requirement that such account be interest bearing. If any interest is paid on such account, such interest shall accrue to any balances in the account for the benefit of the City. If at any time prior to the issuance of the final certificate of occupancy for a residential unit on the Property, the amount of funds in the City Costs Deposit account is depleted below Ten Thousand Dollars ($10,000), Developer shall be required to deposit with the City each time an additional Twenty Thousand Dollars ($20,000) or such other amount as the City may specify as required in City's estimation to cover the cost of City Processing Fees, including as required to complete plan check and perform inspections, which shall be credited to the City Costs Deposit. Each such payment shall be deposited by the City into the City Costs Deposit account and shall be applied to City Processing Fees. The City Costs Deposit has been established to fund the City Processing Fees and shall be used by the City for such purpose and shall be depleted accordingly. Immediately upon incurring any City Processing Fees or costs or receipt of an invoice from third parties for same, the City shall have the right to deduct the amounts due it on account thereof from the City Costs Deposit The City Costs Deposit shall be retained by the City until the date of issuance of the final certificate of occupancy for a residential unit on the Property and the remaining amount of the City Costs Deposit then held by the City, if any, shall be promptly returned by the City to Developer thereafter, provided that the return of such funds shall not terminate the obligations of Developer to pay all City Processing Fees arising or incurred prior to issuance of the final certificate of occupancy for the final residential unit on the Property. Developer shall pay any outstanding amounts due with respect to City Processing Fees to the City within thirty (30) calendar days following receipt of an invoice from the City therefor, provided that the City shall first apply the amount of the City Costs Deposit, if any, then held by it in satisfaction of such invoice, and shall reflect the amount of such credit on the invoice. 12.12 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. RZI Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 12.13 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 12.13 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 10 or is a Permitted Transferee under this Agreement. 12.14 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. 12.15 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. 12.16 Section Headings. All Section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement. 12.17 Incorporation of Recitals and Exhibits. All of the Recitals are incorporated into this Agreement by this reference. Exhibits A, B C, D and E are attached to this Agreement and incorporated by this reference as follows: EXHIBIT DESCRIPTION DESIGNATION A Legal Description of Property B 1. Site Plan e Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE EXHIBIT DESIGNATION DESCRIPTION C On Street Parking/Off-site Improvement Conceptual Plan D Public Amenity Space Conceptual Plan E Assignment and Assumption Attachment 12.18 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 Effective Date or Termination Date. 12.19 Administrative Amendments. Any amendment to this Agreement which does not relate to the Term, permitted uses of the Project, provisions for the utilization of Residential Allocation Reservation, Development Exactions, the conditions, terms, restrictions and requirements relating to the Applicable Approvals or Public Benefits shall be considered an "Administrative Amendment". The City Manager or his/her assignee is authorized to execute Administrative Amendments on behalf of City and no action by the Planning Commission or the City Council (and no noticed public hearing) shall be required before the Parties may enter into an Administrative Amendment. However, if in the judgment of the City Manager it is determined that a proposal is not an Administrative Amendment or that the proposed Administrative Amendment should be considered by the approval bodies of the City, the City's Planning Commission shall conduct a noticed public hearing to consider whether the Administrative Amendment should be approved or denied, and shall make a recommendation to the City Council on the matter. The City Council shall conduct a noticed public hearing to consider the request and the Planning Commission's recommendation on the matter. At the conclusion of the public hearing, the City Council may approve, deny, or conditionally approve the amendment. 12.20 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] 30 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE ATTEST: Erica N. Yasuda, City Clerk APPROVED AS TO FORM: David E. Kendig, City Attorney SIGNATURE PAGE TO DEVELOPMENT AGREEMENT "DEVELOPER" Meritage Homes of California, Inc. By: Name: Its: "CITY" CITY OF TUSTIN By: Aldo E. Schindler, City Manager 31 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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 32 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1, PER MAP FILED IN BOOK 52, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2, OF PARCEL MAP, PER MAP FILED IN BOOK 52, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SITE ADDRESS: 13751 RED HILL AVENUE, TUSTIN, CA 92780 13841 RED HILL AVENUE, TUSTIN, CA 92780 ASSESSOR'S PARCEL NUMBERS: APN 500-141-10 APN 500-141-09 A-1 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE Eala��� �jj�a�l dl�l���laaa9l�;? EXHIBIT B SITE PLAN hVMJ,3��tl �N1151X3 390691-00001 1279837.13 a03/06/25 1596301.2 m Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE EXHIBIT C ON STREET PARKING/OFF-SITE IMPROVEMENT CONCEPTUAL PLAN Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE EXHIBIT D PUBLIC AMENITY SPACE CONCEPTUAL PLAN "NIT I PARK 3 (0.08 AC) ' CONCEPTUAL PRIVATE PARK PROGRAM - WATER EASEMENT (D Secondary Gateway Monumentatlon 1B Tubular Steel Fencing) Access Gate 1 7 -'Red Hill Distncf signage - Controlled acres to neighborhood mclays 22 O -Demratire wall-potentialmoseicmeral t1 O Screen Hedge 15 I -Illuminated sign 9 -Accent planting 72 SWalk ® 8 zO Orchard Heritage Basque t3 6' Planted Parkway ® • • � r� • • �_ -Accent trees in raised planters -Accent Tree Lighting t4 9' Planted Parkway UNIT ® � 4 � 5 _ 6 - O Decorative Plaza 'Pavement to Planting Area -Enhancedpining, color and finish - Material to Corm a natural barricade with deterrent < - Materials to mimic uop rows properties t O Q Open Turf Community Gathering Space Festoon Lighting 1 e street Parlring 4 • ` - Nil Tud 1 � AC Units Behind Fence with Gravel Base _ 20 21 O5 Hertage Informational 5ignage is Unit Accent Tree Historical inromation- orchadisignificance to Curb Ramp Comer • • • • -vertical Displays -Accent Lighting 20 Canopy Street Tree Trash Receptacle (2) 2t Bench (4) O 20 �• Q7 Bicycle Racks (2) z2 - Intermediate armrest Pet Waste Dispenser 18 Qe 6'x 6' Planter Pot on Concrete Pad - - - Bosque Heritage Trees 10' x 10' Planter (9) 12 - -Accent Base Plantings e tg NOTE' Privately owned, publicly accessible amenity space_ 1a RED HILLAVENUE 20 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE EXHIBIT E ASSIGNMENT AND ASSUMPTION AGREEMENT Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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 AGREEMENT ("[Partial] Assignment") is entered and between ("Assignee") AND ASSUMPTION OF DEVELOPMENT into as of , 20_ (the "Effective Date"), by ("Assignor"), and RECITALS A. Meritage Homes of California, Inc. (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, Orange 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 to Assignee 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 Development Agreement, as such rights, interests, duties and obligations relate to the Property. Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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 10.5 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. 5. Miscellaneous. 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 internal laws of the State of California, without regard to conflicts of law principles. 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 Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE [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 Orange 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: With a copy to: Attn: Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE 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: Docusign Envelope ID: A2A9F1A3-3A67-43EB-AE90-49481DC2EFAE k J�I����ILJJ CONSTRUCTION PHASING PLAN ems►- , I - i I I } 0. AVM191IV 9NI,L54X3 cm 0 U D u) c O 'i May 13, 2025 Chair Greg Karp Members of the Planning Commission City of Tustin 300 Centennial Way Tustin, CA 92780 RE: Agenda Item #2 — Compass at Red Hill (heritage Homes) Affordable Housing Component To Chair Karp and Members of the Planning Commission, wwwlrnnedycammissinnor� 17701 Cowan Ave., Suile 200 Irvinr, CA 92614 449 250 0409 The Kennedy Commission (the Commission) is a broad -based coalition of residents and community organizations advocating for the production of homes affordable for families earning less than $30,000 annually in Orange County. Since 2001, we have successfully partnered with jurisdictions across the county to create housing and land -use policies that increase affordable housing opportunities for lower -income working families. We are writing regarding the proposed Compass at Red Hill project, which includes 73 new residential units, four of which are designated as very low-income through the use of State Density Bonus Law. While we recognize and appreciate the inclusion of affordable units, we also note that the current proposal meets only the minimum 5% requirement to qualify for a 20% density bonus —resulting in the addition of 12 units to the project. In addition to this significant increase in unit count, the project is also requesting concessions, including the removal of the mixed -use commercial component and use of State parking standards. Given the scale of these benefits, we believe it is reasonable to ask for a greater public return —specifically, more affordable homes. We respectfully encourage the Planning Commission to consider increasing the number of affordable units to at least 10% of the total units at low- and very low-income levels. A stronger affordability commitment would better reflect the value of the incentives provided and would help the City make measurable progress toward its Regional Housing Needs Allocation (RHNA) goals, especially for households most in need. As Tustin continues to facilitate new residential development, this project offers a timely opportunity to align growth with equity by delivering a more meaningful share of units for those most impacted by the housing crisis.. We thank the City of Tustin for its ongoing efforts to expand affordable housing opportunities and hope to continue working together to ensure new development serves the diverse needs of the community. If you have any questions, please feel free to contact me at (949) 250-0909 or cesarc kkennedycommission. org. Sincerely, Cesar Covarrubias Executive Director UDF May 13, 2025 City Of Tustin 300 Centennial Way Tustin, CA 92780 Re: Proposed Housing Development Project at 13751 and 13841 Red Hill Ave To: Tustin Planningratustinca.org Cc: dkendigewood ruff. law; CityManageratustinca.org; cityclerk(atustinca.org Dear Tustin Planning Commission, The California Housing Defense Fund ("Ca1HDF") submits this letter to remind the Commission of its obligation to abide by all relevant state laws when evaluating the proposed 73-unit housing development project at 13751 and 13841 Red Hill Avenue, which includes 4 units for very low-income households. These laws include the Housing Accountability Act ("HAX) and the Density Bonus Law ("DBL"). The HAA provides the project legal protections. It requires approval of zoning and general plan compliant housing development projects unless findings can be made regarding specific, objective, written health and safety hazards. (Gov. Code, § 65589.5, subd. (j).) The HAA also bars cities from imposing conditions on the approval of such projects that would reduce the project's density unless, again, such written findings are made. (Ibid.) As a development with at least two-thirds of its area devoted to residential uses, the project falls within the HAA's ambit, and it complies with local zoning code and the City's general plan. Increased density, concessions, and waivers that a project is entitled to under the DBL (Gov. Code, § 65915) do not render the project noncompliant with the zoning code or general plan, for purposes of the HAA. (Gov. Code, § 65589.5, subd. (j)(3).) The HAA's protections therefore apply, and the City may not reject the project except based on health and safety standards, as outlined above. Ca1HDF also writes to emphasize that the DBL offers the proposed development certain protections. The City must respect these protections. In addition to granting the increase in residential units allowed by the DBL, the City must not deny the project the proposed waivers and concessions with respect to the commercial component requirement. For requested 2221 Broadway, PH1, Oakland, CA 94612 www.calhdf.org waivers, Government Code section 65915, subdivision (e)(1) requires findings that the waivers 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. For requested concessions, Government Code section 65915, subdivision (d)(1) requires findings that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. The City, if it makes any such findings, bears the burden of proof. (Gov. Code, § 65915, subd. (d)(4).) Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City "may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes `amenities' beyond the bare minimum of building components" (Bankers Hill 150 v. City of San Diego (2022) 74 Ca1.App.5th 755, 775.) As you are well aware, California remains in the throes of a statewide crisis -level housing shortage. New housing such as this is a public benefit: by providing affordable housing, it will mitigate the state's homelessness crisis; it will bring new customers to local businesses; it will grow the City's tax base; and it will reduce displacement of existing residents by reducing competition for existing housing. It will also help cut down on transportation -related greenhouse gas emissions by providing housing in denser, more urban areas, as opposed to farther -flung regions in the state (and out of state). While no one project will solve the statewide housing crisis, the proposed development is a step in the right direction. Ca1HDF urges the City to approve it, consistent with its obligations under state law. Ca1HDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about Ca1HDF at www.calhdf.org. Sincerely, Dylan Casey Ca1HDF Executive Director 2of3 pvtll-v VLk - W James M. Lloyd Ca1HDF Director of Planning and Investigations 3of3 From: Chase Radan To: Hurtado, Vera Subject: Meritage Homes - Red Hill Avenue - Letter of Support Date: Monday, May 12, 2025 4:16:40 PM Dear Tustin City Council Members and Planning Commissioners, My name is Chase Radan and I am a property owner in the city of Tustin (420 El Camino Real). I am writing to you to express my support for the Meritage Homes project on Red Hill Avenue for 73 townhomes. As a land and business owner in the city of Tustin, I support this project and believe it will bring great business and economic vitality to the community and the residents of Tustin. Housing is a big need in the community and we believe building more housing will help the city and its citizens. Meritage Homes has put forth a great product that will benefit the area and be a positive addition to Tustin. Thanks, Chase Radan Tibor Kelemen 78 Windwalker Way Tustin, CA 92782 04/17/2025 Vera Hurtado Community Development Tustin City Council Members and Planning Commission Re: Meritage Homes — Red Hill Avenue Dear Vera, Council Members and Planning Commission, I am writing to express my strong support for the proposed residential development consisting of 73 homes in our community. As a resident of Tustin, I believe that this project will bring numerous benefits to our area and contribute positively to our local environment. Firstly, the addition of 73 homes will help address the growing housing demand in our community. With an increasing population, it is vital that we provide affordable and diverse housing options for families, individuals, and professionals. This development has the potential to attract new residents, fostering a vibrant and inclusive community. Moreover, this project presents an excellent opportunity to replace a vacant lot that has unfortunately become eye sore, inviting homeless encampment. Transforming this space into a residential development not only alleviates the challenges associated with homelessness but also enhances public safety and community well-being. Additionally, the construction of these homes is likely to stimulate our local economy. It will create job opportunities during the building phase and support local businesses as new residents move in. This influx can lead to increased demand for services, retail, and other amenities that benefit all community members. It will also generate significant tax revenue for the city, which can be reinvested in local services and infrastructure. This increased revenue can enhance public facilities, schools, and community programs, contributing to the overall quality of life for all residents. The project is designed with sustainability in mind. Incorporating green spaces, energy -efficient features, and thoughtful landscaping, this development will enhance our neighborhood's aesthetic appeal and promote a healthier environment. Access to parks and communal areas will encourage outdoor activities and strengthen community ties. In conclusion, I wholeheartedly support the proposed residential development of 73 homes. It represents an opportunity for growth, community enhancement, and economic development. I encourage you to consider the positive impact this project will have on our community. Thank you for your attention to this important matter. Sincerely, Tibor felemen�� CEO The Kelemen Company tibor@kelemencompany.com www.thekelemencompany.com SAINTJEANNE DE LESTONNAC School Education in life and for life. Tustin City Council Members and Planning Commissioners Subject: Recommendation for Meritage Homes Development and Planning Team Dear City of Tustin Planning Commission, We are writing to express our support for the Meritage Homes project on Red Hill Avenue and San Juan Street for 73 townhomes. Saint Jeanne de Lestonnac Catholic School has been operating in the city of Tustin for over 60 years and we have seen the city grow tremendously over that time, and the city has been a great partner with us as we as a school have continued to grow with the city. We support this project and believe it will help the city of Tustin grow and bring great business and economic vitality to the community and the residents of Tustin. Meritage Homes has put forth a great product that will benefit the area and be a positive addition to Tustin Throughout our interactions, the Meritage Homes team has consistently demonstrated a proactive approach to communication, ensuring that all stakeholders, including our school, are well-informed and considered throughout the planning and development process. Their openness to feedback and willingness to address concerns in a timely and effective manner reflect their dedication to fostering positive relationships with the community. Moreover, their planning and execution exhibit a thoughtful balance between growth and sustainability. The team has shown a keen awareness of the importance of maintaining a harmonious relationship between new development and existing institutions, such as our school. Their responsiveness to our inquiries and their collaborative spirit have greatly contributed to a smooth and cooperative experience. We commend Meritage Homes for their commitment to excellence, transparency, and community engagement. It has been a pleasure working alongside their team, and we appreciate their dedication seeking to enhance our shared neighborhood through responsible and well -planned development. Should you require any further information regarding our positive experience with Meritage Homes, please feel free to contact me. Sincerely, Sister Cecilia Duran, O.D.N. Principal Saint Jeanne de Lestonnac Catholic School