HomeMy WebLinkAbout05 SECOND READING OF ORDINANCE NO. 1581 - MARINERS CHURCH PROJECT
Agenda Item 5
Reviewed:
City Manager_______
AGENDA REPORT
Finance Director N/A
MEETING DATE: OCTOBER 6, 2026
TO:ALDO E. SCHINDLER, CITY MANAGER
FROM:ERICA N. YASUDA, CITY CLERK
SUBJECT:SECOND READING AND ADOPTION OF ORDINANCE NO. 1581
DEVELOPMENT AGREEMENT 2026-0002 FOR THE MARINERS
CHURCH TUSTIN LEGACY PROJECT
SUMMARY:
Adoption of Ordinance No. 1581approves Development Agreement 2026-0002 to facilitate
the development and conveyance of the 3.324-acre City-owned site for the Mariners
Church Tustin Legacy project.
RECOMMENDATION:
That the City Council have second reading by title only and adoption of Ordinance No.
1581.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
CORRELATION TO THE STRATEGIC PLAN:
The proposed project furthers the objectives of Strategic Plan Goal A –Economic and
Neighborhood Development. Specifically, this item implements Strategy 1, which is to
develop critical phases of Tustin Legacy.
BACKGROUND AND DISCUSSION:
On September 15, 2026, the City Council had first readingby title only of Ordinance No.
1581:
ORDINANCE NO. 1581
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,CALIFORNIA,
APPROVING DEVELOPMENT AGREEMENT 2026-0002 BETWEEN THE CITY OF
TUSTIN AND MARINERS CHURCH,A CALIFORNIA NON-PROFIT RELIGIOUS
CORPORATION FORTHE DEVELOPMENT OF A 33,422 SQUARE FOOT RELIGIOUS
City Council AgendaReport
Second Reading and Adoption of Ordinance No.1581
October 6, 2026
Page 2
ASSEMBLY USE WITHIN NEIGHBORHOOD D OF THE TUSTINLEGACY SPECIFIC
PLAN
_____________________
Erica N. Yasuda,
City Clerk
Attachment:
1.Ordinance No. 1581
ORDINANCE NO.1581
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2026-
0002 BETWEEN THE CITY OF TUSTIN AND MARINERS CHURCH,
A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION FOR
THE DEVELOPMENT OF A 33,422 SQUARE FOOT RELIGIOUS
ASSEMBLY USE WITHIN NEIGHBORHOOD D OF THE TUSTIN
LEGACY SPECIFIC PLAN
he City Council of the City of Tustin, California does hereby ordain as follows:
T
SECTION 1. The City Council finds and determines as follows:
A.That a proper application has been submitted by Issac Luevano of Carlile
Coatsworth Architects on behalf of Mariners Church, a California non-profit
religious corporation, for the development of a new religious assembly use
comprised of 33,422 square feet of building area including a 622-seat
sanctuary space, meeting/worship rooms, service spaces and 276 on-site
parking spaces with landscaping and associated site improvements, on Lot
15 of Tract 18197, an approximately 3.32-acre site currently owned by the
City of Tustin within Planning Area (PA) 8, 13, and 14 (Neighborhood D) of
the Tustin Legacy Specific Plan (TLSP).
B.That Development Agreement (DA) 2026-0002 provides public benefits in
the form of public/quasi-public and/or institutional usage as a new religious
assembly usewithin the City; installation of on-site and off-site
improvements; and the creation and retention of jobs. In addition, the DA
requires the developer to:
1.Design and construct sidewalk, parkway landscape, and irrigation
systems adjacent to the project along Warner Avenue, Veteran’s
Way and John Johnson Way.
2.Enter into a Landscape Installation and Maintenance Agreement with
the City for the construction, maintenance, repair, and replacement
of landscaping within the landscape area;
3.Annex the property and project improvements into Community
Facilities District (CFD) 18-01, Zone 4, for the provision of
maintenance and essential services at Tustin Legacy; and
4.Pay the Project Fair Share Contribution for backbone infrastructure
in Tustin Legacy.
________________
Ordinance No. 1581
DA 2026-0002
Page 1
C.That TLSP Section 4.2.7 requires all private nonresidential development at
Tustin Legacy to obtain a DA in accordance with Section 65864 et seq. of
the Government Code and Sections 9600 to 9619 of the Tustin City Code
(TCC). In compliance with TCC Section 9611, the Tustin Planning
Commission must make a recommendation on the proposed DA to the City
Council.
D.That a public hearing was duly called, noticed, and held on said application
on August 25, 2026, by the Planning Commission. The Planning
Commission adopted Resolution No. 4557recommending that the City
Council approve the DA.
E.That a public hearing was duly called, noticed, and held on said application
on September 15, 2026, by the City Council.
F. On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR)
for the reuse and disposal of MCAS Tustin.On December 6, 2004, the City
Council adopted Resolution No. 04-76 approving a supplement to the
FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue
and the future alignment of Valencia North Loop Road. On April 3, 2006,
the City Council adopted Resolution No. 06-43 approving an addendum to
the FEIS/EIR. On May 13, 2013, the City Council adopted Resolution No.
13-32 approving a second addendum to the FEIS/EIR. On July 5, 2017,
the City Council adopted Resolution No. 17-23 approving a second
supplement to the FEIS/EIR. On December 17, 2024, the City Council
adopted Resolution No. 24-76 approving a third supplement to the
FEIS/EIR (the TLSP 2025 SEIR, State Clearinghouse No. 1994071005),
which evaluated the environmental effects in conjunction with an
amendment to the TLSP to implement the programs and policies of the
City’s Sixth Cycle Housing Element Rezone Project, which increased
residential capacity within TLSP Neighborhoods D (North and South) and
G (Housing Element Sites 1A, 1B and 2).
The FEIS/EIR, along with its addenda and supplements, is a program
EIR under the California Environmental Quality Act (CEQA). The
FEIS/EIR, addenda, and supplements considered the potential
environmental impacts associated with development on the former
Marine Corps Air Station, Tustin.
Because the proposed project includes the construction and
establishment of a new religious assembly use within a new two-story
building, the project has been evaluated through an addendum tiering
from the TLSP 2025 SEIR pursuant to CEQA Guidelines Sections 15164,
_________________
Ordinance No. 1581
DA 2026-0002
Page 2
15162, and 15168.The addendum concludes that the project is within
the scope of the development previously analyzed in the TLSP 2025
SEIR, that none of the conditions described in CEQA Guidelines Section
15162 calling for preparation of a subsequent or supplemental EIR have
occurred, and that no further environmental documentation is required.
On August 25, 2006, the Planning Commission adopted the Addendum
to the TLSP 2025 SEIR with Resolution No. 4557.
G. That the DA can be supported by the following findings:
1. The project is consistent with the objectives, policies, general land
uses and programs specified in the General Plan and the TLSP in that
churches and other religious institutions are conditionally permitted
within Planning Area (PA) 8, 13, and 14 of Neighborhood D.
2. The project is compatible with the uses authorized in the district in
which the real property is located (PA 8, 13, and 14) in that similar and
compatible uses are envisioned within proximity of the project site.
3. The project is in conformity with the public necessity, public
convenience, general welfare, and good land use practices in that the
agreement incorporates public benefits in the form of a new religious
assembly use, to serve the need of residents in both Tustin Legacy
and throughout the city; sidewalk, parkway landscape, and irrigation
improvements along the project’s Warner Avenue, Veteran’s Way and
John Johnson Way frontages; ongoing landscape maintenance
secured by a Landscape Installation and Maintenance Agreement;
annexation into CFD 18-01, Zone 4, for maintenance and essential
services; increased tax revenues; and the creation and retention of
jobs.
4. The project will not be detrimental to health, safety, and general
welfare in that the project will provide a public/quasi-public and/or
institutional usein an area designated for such uses. That, as
conditioned, the construction and use of the project will not be
detrimental to health, safety, and general welfare.
5. The project will not adversely affect the orderly development of
property in that the existing and surrounding properties are improved
or planned for residential, institutional, and park uses, and the project
is orderly, well designed, and equipped with necessary infrastructure
and amenities to support existing and future residents of Tustin
Legacy.
________________
Ordinance No. 1581
DA 2026-0002
Page 3
ORDINANCE NO. 1581
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does 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. 1581
was duly and regularly introduced at a regular meeting of the Tustin City Council, held
on September 15, 2026, and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on _______ ___, 2026, by the following vote:
COUNCILMEMBER AYES: ___________________________________
COUNCILMEMBER NOES: ___________________________________
COUNCILMEMBER ABSTAINED: ___________________________________
COUNCILMEMBER ABSENT: ___________________________________
COUNCILMEMBER RECUSED: ___________________________________
ERICA N. YASUDA
City Clerk
Exhibit A: Development Agreement 2026-0002
________________
Ordinance No. 1581
DA 2026-0002
Page 5
Recorded at request of: )
City Clerk)
City of Tustin )
)
When recorded return to: )
City of Tustin )
300 Centennial Way )
Tustin, CA 92780)
Attention: City Clerk )
)
Exempt from filing fees pursuant to Government Code §6103
DEVELOPMENT AGREEMENT NO. 2026-0002
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF TUSTIN
and
MARINERS CHURCH
55136.00461\\42107206.4
4908-3018-6947, v. 1
DEVELOPMENT AGREEMENT NO. 2026-0002
This Development Agreement (hereinafter “Agreement”), effective ___________, 20___,
is between the City of Tustin, California (“City”), and Mariner’s Church, a California non-profit
religious corporation (“Owner”)with reference to the following facts:
RECITALS
WHEREAS, City is authorized to enter into binding development agreements with persons
having legal or equitable interests in real property for the development of such property, under
Section 65864 et seq. of the Government Code; and
WHEREAS, the City and Owner made and entered into that Purchase and Sale Agreement
and Joint Escrow Instructions, dated September 17, 2025 (“Purchase and Sale Agreement”)
pursuant to which Owner is purchasing from City certain real property within the City. Specifically,
the property consists of approximately 3.324 gross acres/144,793.44 gross square feet, located
within a portion of Disposition Area 8 at Tustin Legacy, in the City of Tustin, County of Orange,
State of California, commonly referred to as Assessor’s Parcel Numbers 430-481-13, 430-481-14,
and 430-481-15 (altogether, the “Property”), all as more fully described in Exhibit A and depicted
in Exhibit B, both of which are attached hereto and incorporated herein by reference. The Purchase
and Sale Agreement is incorporated herein by reference; and
WHEREAS, Owner desires to develop the Property with religious facilities comprised of
a new two story building consisting of a 33,422 square foot worship center and has submitted
applications to the City for a Conditional Use Permit for religious assembly and Design Review
for site layout building design; and
WHEREAS, proceedings have been taken in accordance with, and consistent with the rules
and regulations of City, including, without limitation, Tustin Legacy Specific Plan Section 4.2.7
regarding development agreements and Tustin City Code (“TCC”) Chapter 6 of Article 9 regarding
the process and procedure governing development agreements; and
WHEREAS, this Agreement constitutes a current exercise of City’s police powers to
provide predictability to Owner in the development approval process by vesting the permitted uses,
density, intensity of use, and timing and phasing of development consistent with the Development
Plan as defined in Section 1.1.9 below in exchange for Owner’s commitment to provide public
benefits to City as set forth in Section 4 below; and
WHEREAS, this Agreement will enable the City to support the development of
underutilized properties within the City, allow for additional religious facilities, create a
community gathering place, and facilitate the well-being of residents and visitors, all of which will
therefore implement numerous General Plan and other public policies of the City; and
WHEREAS, the best interests of the citizens of the City and the public health, safety, and
welfare will be served by entering into this Agreement; and
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WHEREAS, the physical effects, if any, of the Project and this Agreement have been
analyzed in accordance with the California Environmental Quality Act (“CEQA”) (Pub. Res. Code
section 21000 et seq.); and
WHEREAS, all actions taken and approvals given by City have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
follows:
1.1.1“Agreement” means this Development Agreement and any amendment
properly approved and executed pursuant to Section 2.6.
1.1.2“City” means the City of Tustin, a California municipal corporation.
1.1.3 “City Council” means the duly elected city council of the City of Tustin.
1.1.4 “Commencement Date” means the date the Term of this Agreement
commences.
1.1.5 “Development” means the improvement of the Property for the purposes 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 buildings and structures; and
the installation of landscaping. “Development” does not include the maintenance, repair,
reconstruction, or redevelopment of any building, structure, improvement, or facility after the
construction and completion thereof.
1.1.6 “Development Approvals” means all permits and other entitlements for use
subject to approval or issuance by City in connection with development of the Property including,
but not limited to:
(a) General Plan and Specific Plans, including amendments thereto;
(b) Conceptual Site Plan and Design Review and Final Site Plan and Design
Review;
(c) Tentative Parcel or Tract Maps and Final Parcel or Tract maps;
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(d) Conditional Use Permits, Temporary Use Permits, Master Sign Plans,
Minor Adjustments, Variances and Design Review;
(e) Modification to Conditions of Approval;
(f)Grading, Building and/or Encroachment Permits; and
(g) CEQA compliance for the Project.
1.1.7 “Development Exaction” means any requirement of City in connection with
or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the
construction of improvements or public facilities, or the payment of fees in order to lessen, offset,
mitigate or compensate for the impacts of development on the environment or other public
interests.
1.1.8 “Development Impact Fee” means all fees established and imposed upon
the Project by the City pursuant to the Mitigation Fee Act as set forth in Government Code Section
66000 et seq. “Development Impact Fees” shall not include any fees that have not been established
and imposed pursuant to the Mitigation Fee Act.
1.1.9“Development Plan” means the plan for development of the Property as set
forth in Exhibit “C”.
1.1.10“Effective Date”means the date the ordinance approving and authorizing
this Agreement becomes effective.
1.1.11“Land Use Regulations” means all ordinances, resolutions, codes, rules,
regulations and official policies of City governing the development and use of land, including,
without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation
or dedication of land for public purposes, and the design, improvement, and construction standards
and specifications applicable to the development of the Property. “Land Use Regulations” does not
include any City ordinance, resolution, code, rule, regulation, or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes (special or general) and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and
interests that provide for the use of or the entry upon public property;
(e) the exercise of the power of eminent domain.
1.1.12 “Owner” means the persons and entities listed as Owner on page 1 of this
Agreement and their successors in interest to all or any part of the Property.
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1.1.13 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed
of trust or any other security-device lender, and their successors and assigns.
1.1.14 “Project” means the development of the Property contemplated by the
Development Plan as such Plan may be further defined, enhanced or modified pursuant to the
provisions of this Agreement.
1.1.15 “Public Benefit” refers to those benefits provided to the City and the
community by Owner pursuant to Section 4 below.
1.1.16 “Reservation of Rights” means the rights and authority excepted from the
assurances and rights provided to Owner under this Agreement and reserved to City under Section
3.3 of this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit “A” – Legal Description of the Property.
Exhibit “B” – Map and Depiction of Property and its location.
Exhibit “C” – Development Plan.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this
Agreementand development of the Property shall be carried out in accordance with the terms of
the Development Plan and this Agreement.
2.2 Ownership of Property. Owner represents and covenants that it is the owner of the
fee simple title to, or has an equitable interest in, the Property or a portion thereof.
2.3 City Council Findings. The City Council finds that:
2.3.1This Agreement is consistent with the objectives, policies, general land uses
and programs specified in the City’s General Plan and the Tustin Legacy Specific Plan.
2.3.2 This Agreement ensures a desirable and functional community
environment, provides effective and efficient development of public facilities, infrastructure, and
services appropriate for the development of the Project, and enhances effective utilization of
resources within the City.
2.3.3 This Agreement provides public benefits beyond those which are necessary
to mitigate the development of the Project.
2.3.4This Agreement strengthens the public planning process, encourages private
participation in comprehensive planning, and reduces costs of development and government.
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2.3.5 The best interests of the citizens of the City and the public health, safety,
and welfare will be served by entering into this Agreement.
2.4 Term. The term of this Agreement shall commence on the date (the
“Commencement Date”) that is the Effective Date, and shall continue for a period of five years
thereafter, unless this term is modified or extended pursuant to the provisions of this Agreement.
Thereafter, the Owner shall have no vested right under this Agreement, regardless of whether or
not Owner has paid any Development Impact Fee.
2.5 Assignment.
2.5.1Right to Assign. Owner shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial transfer shall violate the Subdivision
Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm,
or corporation at any time during the term of this Agreement; provided, however, that any such
sale, transfer, or assignment shall include the assignment and assumption of the rights, duties,and
obligations arising under or from this Agreement and be made in strict compliance with the
following conditions precedent:
(a) No sale, transfer, or assignment of any right or interest under this Agreement
shall be made unless made together with the sale, transfer, or assignment of all or a part of the
Property.
(b) Concurrent with any such sale, transfer, or assignment, Owner shall notify
City, in writing, of such sale, transfer, or assignment and shall provide City with an executed
agreement (“Assignment and Assumption Agreement”), in a form reasonably acceptable to City,
by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or
assignee expressly and unconditionally assumes: (1) all the duties, obligations, agreements,
covenants, waivers of Ownerunder this Agreement, including, without limitation, the covenants
not to sue and waivers contained in Sections 6.2 and 7.5 hereof, and (2) all the applicable duties,
obligations, agreements, covenants, waivers of Owner under the Purchase and Sale Agreement,
including, without limitation, the Restrictive Covenant.
Any sale, transfer, or assignment not made in strict compliance with the foregoing
conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure
of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this
Subsection 2.5.1, the burdens of this Agreement shall be binding upon such purchaser, transferee,
or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or
assignee until and unless such agreement is executed.
2.5.2 Release of Transferring Owner. Notwithstanding any sale, transfer, or
assignment, a transferring Owner shall continue to be obligated under this Agreement with respect
to the transferred Property or any transferred portion thereof, unless such transferring Owner is
given a release in writing by City, which release shall be provided by City upon the full satisfaction
by such transferring Owner of the following conditions:
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(a) Owner no longer has a legal or equitable interest in all or any part of the
Property subject to the transfer.
(b) Owner is not then in default under this Agreement.
(c) Owner has provided City with the notice and executed agreement required
under Paragraph (b) of Subsection 2.5.1 above.
(d) The purchaser, transferee, or assignee provides City with security
equivalent to any security previously provided by Ownerto secure performance of its obligations
hereunder.
2.5.3Subsequent Assignment. Any subsequent sale, transfer, or assignment after
an initial sale, transfer, or assignment shall be made only in accordance with and subject to the
terms and conditions of this Section 2.5.
2.5.4Utilities. The Project shall be connected to all utilities necessary to provide
adequate water, sewer, gas, electric, and other utility service to the Project, prior to the issuance of
a certificate of occupancy for any portion of the Project.
2.6 Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by written consent of all parties in the manner provided for in
Government Code Section 65868. This provision shall not limit any remedy of Cityor Owner as
provided by this Agreement. The parties may mutually consent to adopting “Minor Changes”
through their signing of an “operating memorandum” reflecting Minor Changes, which shall mean
changes to the Project that are consistent with the Development Approvals, which do not result in
a change in use, an increase in density or intensity of use, significant new or increased
environmental impacts that cannot be mitigated, or violations of any applicable health and safety
regulations in effect on the Effective Date. Neither the Minor Changes nor any Operating
Memorandum shall require public notice or hearing. The City Attorney and City Manager shall
be authorized to determine whether proposed modifications and refinements are “Minor Changes”
subject to this Section 2.6 or more significant changes requiring amendment of this Agreement.
The City Manager may execute any operating memoranda without City Council action.
2.7 Termination. This Agreement shall be deemed terminated and of no further effect
upon the earliest to occur of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.4.
(b) Entry of a final judgment setting aside, voiding, or annulling the adoption
of the ordinance approving this Agreement.
(c) Adoption of a referendum measure overriding or repealing the ordinance
approving this Agreement.
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(d) Completion of the Project in accordance with the terms of this Agreement
including issuance of all required occupancy permits and acceptance by
City or applicable public agency of all required dedications.
The foregoing notwithstanding, this Agreement shall not terminate if the Owner has
filed an application for amendment of this Agreement (and any associated Development
Approvals) prior to completion of the Project. If the Owner has filed such application, this
Agreement shall not terminate until the earliest of: (1) the City approves the amendment and the
Project, as amended, is completed; (2) the City denies the amendment application; or (3) the Owner
formally withdraws the amendment application.
Termination of this Agreement shall not constitute termination of any other land
use entitlements approved for the Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement that has occurred prior to such termination or with respect to any
obligations that are specifically set forth as surviving this Agreement.
2.8 Notices.
All notices, demands, and correspondence required or permitted by this Agreement shall
be in writing and delivered in person or mailed by first class or certified mail, postage prepaid,
return receipt requested, addressed as follows:
If to City:
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attention: City Manager
Copy to:
Deputy City Manager – Real Property
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attention: Deputy City Manager – Real Property
Email: DCM-RP@tustinca.org
City Attorney
Woodruff & Smart, APC
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
Attention: David E. Kendig, Esq.
Email: dkendig@woodruff.law
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Best Best & Krieger LLP
18101 Von Karman Ave.
Irvine, CA 92612
Attention: HongDao Nguyen
Email: hongdao.nguyen@bbklaw.com
If to Owner:
Mariners Church
5001 Newport Coast Drive
Irvine, CA 92603
Attention: Earl Roberson
Email: eroberson@marinerschurch.org
Copy to:
Allen Matkins Leck Gamble Mallory & Natsis LLP
th
2010 Main Street, 8 Floor
Irvine, CA 92614
Attention: Gary S. McKitterick, Esq.
Phone: (949) 851-5432
Email: gmckitterick@allenmatkins.com
Notice shall be deemed given upon personal delivery or, if mailed, two (2) business days
following deposit in the United States mail. City or Owner may change its address by giving notice
in writing to the other at the addresses listed above. Thereafter, notices, demands, and
correspondence shall be addressed and transmitted to the new address.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement including the
Reservation of Rights, Owner shall have a vested right to develop the Property in accordance with,
and to the extent of, this Agreement. Except as expressly provided otherwise herein, the Project
shall remain subject to all Land Use Regulations and Development Approvals in effect on the
Effective Date that are required to complete the Project as contemplated by the Development Plan.
Except as otherwise provided in this Agreement, the permitted uses of the Property, the density
and intensity of use, the maximum height and size of proposed buildings, and provisions for
reservation and dedication of land for public purposes shall be those set forth in the Land Use
Regulations and Development Approvals in effect on the Effective Date or, if consented to by
Owner, thosesubsequently adoptedor amended. Owner shall comply with all mitigation measures
required to be undertaken pursuant to any document prepared in compliance with the California
Environmental Quality Act with respect to the Project.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under
the terms of this Agreement including the Reservation of Rights, the rules, regulations and official
policies governing permitted uses of the Property, the density and intensity of use of the Property,
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the maximum height and size of proposed buildings, and the design, improvement, and
construction standards and specifications applicable to development of the Property shall be the
Land Use Regulations and Development Approvals in effect on the Effective Date of this
Agreement or any amendments thereto. In connection with any subsequently imposed
Development Approvals and except as specifically provided otherwise herein, City may exercise
its discretion in accordance with the Land Use Regulations then in effect, as provided by this
Agreement, including, but not limited to, the Reservation of Rights. City shall accept for
processing, review and action all applications for subsequent development approvals, and such
applications shall be processed in the same manner and the City shall exercise its discretion, when
required or authorized to do so, to the same extent it would otherwise be entitled in the absence of
this Agreement.
3.3 Reservation of Rights.
3.3.1Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following regulations shall apply to the development of the
Property:
(a) Processing fees and charges of every kind and nature imposed by City to
cover the estimated actual costs to Cityof processing applications for Development Approvals or
for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions, applications,
notices, findings, records, hearings, reports, recommendations, appeals,and any other matter of
procedure.
(c) The requirements and obligations of the Purchase and Sale Agreement.
(d) Regulations, policies, and rules governing engineering and construction
standards and specifications applicable to public and private improvements, including, without
limitation, all uniform codes adopted by the City and any local amendments to those codes adopted
by the City, including, without limitation, the City’s Building Code, Plumbing Code, Mechanical
Code, Electrical Code, and Grading Ordinance.
(e) Regulations imposing Development Exactions unless otherwise provided
herein; provided, however, that no such subsequently adopted Development Exaction shall be
applicable to development of the Property unless such Development Exaction is applied uniformly
to development, either throughout the City or within a defined area of benefit which includes the
Property. No such subsequently adopted Development Exaction shall apply if its application to the
Property would physically prevent development of the Property for the uses and to the density or
intensity of development set forth in the Development Plan.
(f) Regulations that may be in material conflict with this Agreement but that
are reasonably necessary to protect the users of the project or the immediate community from a
condition perilous to their health or safety. To the extent possible, any such regulations shall be
applied and construed so as to provide Owner with the rights and assurances provided under this
Agreement.
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(g) Regulations that are not in material conflict with this Agreement or the
Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate
or timing of development of the Property shall be deemed to materially conflict with the
Development Plan and shall therefore not be applicable to the development of the Property.
(h) Regulations that are in material conflict with the Development Plan;
provided Owner has given written consent to the application of such regulations to development
of that Property in which the Owner has a legal or equitable interest.
(i) Regulations that impose, levy, alter or amend fees, charges, or Land Use
Regulations relating to consumers or end users, including, without limitation, trash can placement,
service charges, and limitations on vehicle parking.
(j) Regulations of other public agencies, including but not limited to
Development Impact Fees, adopted or imposed by such other public agencies, although collected
by City.
3.3.2 Subsequent Development Approvals. This Agreement shall not prevent
City, in acting on subsequent development approvals and to the same extent it would otherwise be
authorized to do so absent this Agreement, from applying subsequently adopted or amended Land
Use Regulations that do not materially conflict with this Agreement, except as specified in Section
3.2.
3.3.3Modification or Suspension by State or Federal Law. In the event that State,
County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent
or preclude compliance with one or more of the provisions of this Agreement, such provisions of
this Agreement shall be modified or suspended as may be necessary to comply with such State or
Federal laws or regulations; provided, however, that this Agreement shall remain in full force and
effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws
or regulations do not render such remaining provisions impractical to enforce.
3.3.4Intent. The parties acknowledge and agree that City is restricted in its
authority to limit certain aspects of its police power by contract and that the foregoing limitations,
reservations and exceptions are intended to reserve to City all of its police power that cannot be or
are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if
necessary, to reserve to City all such power and authority that cannot be,or is not by this
Agreement's express terms,so restricted.
3.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of City may possess authority to regulate aspects of the
development of the Property separately from or jointly with City and this Agreement does not limit
the authority of such other public agencies.
3.5 Timing of Development. Because the California Supreme Court held in Pardee
Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that
case to provide for the timing of development resulted in a later-adopted initiative restricting the
timing of development to prevail over the parties’ agreement, it is the specific intent of the parties
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hereto to provide for the timing of the Project in this Agreement. To do so, the parties acknowledge
and provide that Owner shall have the right, but not the obligation, to complete the Project in such
order, at such rate, at such times during the term of this Agreement, and in as many development
phases and sub-phases as Owner deems appropriate in its sole subjective business judgment.
3.6 Conditions, Covenants and Restrictions. Owner shall have the ability to reserve
and record such covenants, conditions, and restrictions (CC&Rs) against the Property as Owner
deems appropriate, in its sole and absolute discretion. Such CC&Rs may not conflict with this
Agreement, the Purchase and Sale Agreement, the Tustin City Code, the Tustin Legacy Specific
Plan, or the General Plan.
3.7 Amendments. Owner may apply to City for permits or approvals necessary to
modify or amend the Projectspecified in the DevelopmentApprovals. 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.
4. PUBLIC BENEFITS.
4.1 Public Benefits.
4.1.1General. The Owner will contribute activation of the Property as a gathering
place for community members who participate in their faith community. Owner will also provide
broader public benefits through community outreach activities including, without limitation,
providing food for the needy, youth mentoring, counseling, and spiritual, mental, and emotional
support for those in recovery, children, youth, parents, singles, men, and women. The Project will
also serve to revitalize an undeveloped siteand will provide off-site and on-site infrastructure
upgrades. Moreover, the Project will implement numerous City planning and economic
development policies which benefit the health and fiscal welfare of the City and its residents.
4.1.2 Community Facilities District. The City has previously established
Community Facilities District 18-01 with a Tax B component to pay for various essential services
at Tustin Legacy (“District”). As a condition to the Close of Escrow and as further set forth in the
Purchase and Sale Agreement, the City, by action of the City Council, annexed the Property into
the District as CFD 18-01 Zone 4. Owner agreed to the imposition of the special tax lien of CFD
18-01 Zone 4, the proceeds of which shall be used by the City to fund a portion of City essential
services. The Property shall be obligated to pay the City an annual fee of $0.50 per square foot of
permitted building square footage actually constructed on the Property (“CFD Fee”), subject to a
2% annual escalation fee, and continuing in perpetuity, in accordance with the Purchase and Sale
Agreement.
4.1.3Project Fair Share Contribution. In accordance with the terms of the
Purchase and Sale Agreement, Owner shall pay to City a Project Fair Share Contribution relating
to the Tustin Legacy Backbone Infrastructure Program of One Million Six Hundred Forty
Thousand Two Hundred Seventeen Dollars and Eighty Three Cents ($1,640,217.83) which is equal
to Four Hundred Ninety Three Thousand Four Hundred Forty Seven Dollars ($493,447) per acre
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of land conveyed to Owner by the City pursuant to the Purchase and Sale Agreement(“Project
Fair Share Contribution”). The Fair Share Contribution constitutes the full, complete and final
satisfaction of the project fair share contribution for the Property and Project under the Tustin
Legacy Backbone Infrastructure Program and no further payment shall be owed or payable
thereunder with respect thereto.
4.1.4 Development Impact Fees. Owner shall pay all Development Impact Fees
applicable to the Project at the time such amounts are due, but no later than prior to the issuance
of building permits. The City retains discretion to prospectively revise such fees as the City deems
appropriate and to adopt new Development Impact Fees from time to time, in its sole discretion.
4.1.5Prepayment. In no event shall the prepayment of any Development Impact
Fees required hereunder establish a vested right on the part of Owneror any other owner of the
Property or any person or entity with an interest therein to develop the Project or the Property
following the expiration, cancellation or termination of this Agreement. Following the expiration,
cancellation or termination of this Agreement, all Development Impact Fees then in effect shall be
applicable to the Project and Property notwithstanding any provision of this Agreement and
notwithstanding the prepayment of Development Impact Fees, any increase or amendment of any
Development Impact Fee, or any combination thereof.
4.2 Dedication of On-Site Easements and Rights of Way. Owner shall dedicate to City
all on-site rights of way and easements deemed necessary for public improvements, as specified
in the Development Approvals.
4.3 Landscape and Maintenance Agreement. In accordance with the terms of the
Purchase and Sale Agreement, a separate landscape installation and maintenance agreement
(“Landscape Installation and Maintenance Agreement”) has been negotiated and finalized.
4.4 Timing of Construction of Off-Site Infrastructure. Approval of any building
permits on the Property shall be conditioned upon City's determination, in its sole discretion, that
sufficient progress is being made on construction of on-site and off-site infrastructure serving
development of Owner's Property.
5. REVIEW FOR COMPLIANCE.
5.1 Periodic Review. Pursuant to, and in accordance with Government Code Section
65865.1 and TCC Chapter 6 of Article 9, City shall review the good faith compliance of Owner
with the terms of this Agreement at least once during every twelve (12) month period of the Term.
6. DEFAULT AND REMEDIES.
6.1 Remedies in General. It is acknowledged by the parties that City would not have
entered into this Agreement if it were to be liable in damages under this Agreement, or with respect
to this Agreement or the application thereof. In general, each of the parties hereto may pursue any
remedy at law or equity available for the breach of any provision of this Agreement, except that
City shall not be liable in damages to Owner, or to any successor in interest of Owner, or to any
other person, and Owner covenants not to sue for damages or claim any damages:
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(a) For any breach of this Agreement or for any cause of action that arises out
of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed
or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement.
6.2 Release. Except for non-monetary remedies, Owner, for itself, its successors and
assignees, hereby releases City, its officers, agents and employees from any and all claims,
demands, actions, or suits of any kind or nature arising out of any liability, known or unknown,
present or future, including, but not limited to, any claim or liability, based or asserted, pursuant
to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments to the
United States Constitution, or any other law or ordinance which seeks to impose any other liability
or damage, whatsoever, upon City because it entered into this Agreement or because of the terms
of this Agreement. Owner hereby acknowledges that it has read and is familiar with the provisions
of California Civil Code Section 1542, which is set forth below:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
By initialing below, Ownerhereby waives the provisions of Section 1542 in connection
with the matters that are the subject of the foregoing waivers and releases.
_______________
Owner’s Initials
6.3 Termination or Modification of Agreement for Default of Owner. City may
terminate or modify this Agreement for any failure of Owner to perform any material duty or
obligation of Owner under this Agreement, or to comply in good faith with the terms of this
Agreement (hereinafter referred to as "default"); provided, however, Citymay terminate or modify
this Agreement pursuant to this Section only after providing written notice to Owner of default
setting forth the nature of the default and the actions, if any, required by Owner to cure such default
and, where the default can be cured, Owner has failed to take such actions and cure such default
within sixty (60)days after the effective date of such notice or, in the event that such default cannot
be cured within such sixty (60)day period but can be cured within a longer time, has failed to
commence the actions necessary to cure such default within such sixty (60) day period and to
diligently proceed to complete such actions and cure such default.
6.4 Termination of Agreement for Default of City. Owner may terminate this
Agreement only in the event of a default by City in the performance of a material term of this
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Agreement and only after providing written notice to Cityof default setting forth the nature of the
default and the actions, if any, required by City to cure such default and, where the default can be
cured, Cityhas failed to take such actions and cure such default within sixty (60) days after the
effective date of such notice or, in the event that such default cannot be cured within such sixty
(60) day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such sixty (60) day period and to diligently proceed to complete such
actions and cure such default. Owner shall have no right to monetary damages from City for any
reason except for fraud, gross negligence, or willful misconduct.
7. LITIGATION.
7.1 Third Party Litigation Concerning Agreement. Owner shall, at Owner’s expense,
defend, indemnify, and hold City, its agents, officials, officers, and employees harmless from any
claim, action, or proceeding against the City, its agents, officials, officers, and employees to attack,
set aside, void, or annul the approval of this Agreement, or the approval of any Development
Approvals granted pursuant to this Agreement. City shall promptly notify Owner of any such
claim, action, or proceeding, and City shall cooperate in the defense of any such claim, action, or
proceeding.
7.2 Indemnity.In addition to the provisions of Section 7.1, Owner shall hold City, its
agents, officials, officers, and employees free and harmless from any liability whatsoever, based
or alleged upon any act or omission of Owner, its officers, agents, employees, subcontractors and
independent contractors for property damage, bodily injury or death (Owner’s employees
included) or any other element of damage of any kind or nature, relating to or arising out from
Development of the Property, except for claims for damages arising through active negligence or
willful misconduct of City. Owner shall indemnify and defend at Owner’s expense, including
attorneys’ fees, City, its officials, officers, employees from any liability whatsoever arising from
the alleged negligence or willful misconduct of Owner, its officers, agents, employees,
subcontracts, and independent contractors in connection with development of the Project, this
Agreement or the Development Approvals. City, may in its discretion, participate in the defense
of such legal claim, action, or proceeding.
7.3 Environmental Assurances. Owner shall indemnify and hold City, its officials,
officers, agents, and employees free and harmless from any liability, based or asserted, upon any
act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest,
successors, assigns, and independent contractors for any violation of any federal, state or local law,
ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or
about the Property, including, but not limited to, soil and groundwater conditions, and Ownershall
defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any
action based or asserted upon any such alleged act or omission. City may in its discretion
participate in the defense of any such action.
7.4 Reservation of Rights. With respect to Sections7.1, 7.2 and 7.3herein, City
reserves the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or
otherwise engages to defend the indemnified party hereunder, which approval shall not be
unreasonably withheld, or (2) conduct its own defense; provided, however, that the indemnifying
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party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred
for such defense, including attorneys' fees, upon billing and accounting therefor.
7.5 Challenge to Existing Land Use Approvals. By accepting the benefits of this
Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and
covenants not to sue or otherwise challenge any land use approval affecting the Property and in
effect as of the Effective Date. Such agreement and covenant includes, without limitation, the
covenant against any direct suit by Owneror its successor in interest, or any participation,
encouragement or involvement whatsoever that is adverse to City by Owner or its successor in
interest, other than as part of required response to lawful orders of a court or other body of
competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in
interest, any claim or challenge to any land use approval affecting the Property and in effect as of
the Effective Date. In the event of any breach of the covenant or waiver contained herein, City
shall, in addition to any other remedies provided for at law or in equity, be entitled to:
(a) impose and recover (at any time, including after sale to a member of the
public or other ultimate user) from the party breaching such covenant or waiver, the full amount
of Development Impact Fees that the breaching party would have been required to pay in the
absence of this Development Agreement; and
(b) impose any subsequently adopted land use regulation on those land use
approvals for which the breaching party had not, as of the time of such breach, obtained a building
permit.
Owner hereby acknowledges that it has read and is familiar with the provisions of
California Civil Code Section 1542, which is set forth below:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.”
By initialing below, Owner hereby waives the provisions of Section 1542 in connection
with the matters that are the subject of the foregoing waivers and releases.
_______________
Owner’s Initials
7.6 Survival. The provisions of Sections 6.1, 6.2 and 7.1 through 7.5, inclusive, shall
survive the termination of this Agreement.
8. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit Owner, in any
manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any
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improvement thereon by any mortgage, deed of trust or other security device securing financing
with respect to the Property. City acknowledges that the lenders providing such financing may
require certain Agreement interpretations and modifications and agrees upon request, from time to
time, to meet with Owner and representatives of such lenders to negotiate in good faith any such
request for interpretation or modification. City will not unreasonably withhold its consent to any
such requested interpretation or modification provided such interpretation or modification is
consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall
be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property,
or any part thereof, which Mortgagee, has submitted a request in writing to the City in the manner
specified herein for giving notices, shall be entitled to receive written notification from City of any
default by Owner in the performance of Owner's obligations under this Agreement.
(c) If City timely receives a request from a mortgagee requesting a copy of any
notice of default given to Owner under the terms of this Agreement, City shall provide a copy of
that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The
Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure
period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding
any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or
duty under this Agreement to perform any of Owner's obligations or other affirmative covenants
of Owner hereunder, or to guarantee such performance; provided, however, that to the extent that
any covenant to be performed by Owner is a condition precedent to the performance of a covenant
by City, the performance thereof shall continue to be a condition precedent to City's performance
hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in
possession shall be subject to the provisions of Section 2.5 of this Agreement.
9. MISCELLANEOUS PROVISIONS.
9.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council within
ten (10) days after the City enters into the Agreement, in accordance with Section 65868.5 of the
Government Code. If the parties to this Agreement or their successors in interest amend or cancel
this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure
of the Owner to comply in good faith with the terms and conditions of this Agreement, the City
Clerk shall have notice of such action recorded with the Orange County Recorder.
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9.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings, or
ancillary covenants, undertakings or agreements that are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall
be admissible in any proceeding of any kind or nature to interpret or determine the terms or
conditions of this Agreement.
9.3 Severability. If any term, provision, covenant, or condition of this Agreement shall
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the
Public Benefits set forth in Section 4of this Agreement are essential elements of this Agreement
and City would not have entered into this Agreement but for such provisions, and therefore in the
event such provisions are determined to be invalid, void, or unenforceable, this entire Agreement
shall be null and void and of no force and effect whatsoever.
9.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning
to achieve the objectives and purposes of the parties hereto, and the rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not be employed in
interpreting this Agreement, all parties having been represented by counsel in the negotiation and
preparation hereof.
9.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
9.6 Singular and Plural. As used herein, the singular of any word includes the plural.
9.7 Joint and Several Obligations. If at any time during the Term of this Agreement the
Property is owned, in whole or in part, by more than one Owner, all obligations of such Owners
under this Agreement shall be joint and several, and the default of any such Ownershall be the
default of all such Owners. Notwithstanding the foregoing, no Owner of a single lot that has been
finally subdivided and sold to such Owner as a member of the general public or otherwise as an
ultimate user shall have any obligation under this Agreement except as expressly provided for
herein.
9.8 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
9.9 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party's right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
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9.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
9.11 Force Majeure. 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 by floods,
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor
difficulties beyond the party's control, (including the party's employment force), government
regulations, court actions (such as restraining orders or injunctions), or other causes beyond the
party's control. If any such events shall occur, the Term of this Agreement and the time for
performance by either party of any of its obligations hereunder may be extended by the written
agreement of the parties for the period of time that such events prevented such performance,
provided that the Term of this Agreement shall not be extended under any circumstances for more
than five (5) additional years.
9.12 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby
of the covenants to be performed hereunder by such benefited party.
9.13 Successors in Interest. 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: (a) is for the benefit of and is a burden upon
every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding
upon each party and each successor in interest during ownership of the Property or any portion
thereof.
9.14 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
9.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement
or brought by a party hereto for the purpose of enforcing, construing or determining the validity
of any provision of this Agreement shall be filed and tried in the Superior Court of the Countyof
Orange, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
9.16 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between City and Owner is that of a government entity
regulating the development of private property and the owner of such property.
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9.17 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute and file or
record such required instruments and writings and take any actions as may be reasonably necessary
under the terms of this Agreement to carry out the intent and to fulfill the provisions of this
Agreement or to evidence or consummate the transactions contemplated by this Agreement.
9.18 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by City of its power of eminent domain.
9.19 Agent for Service of Process. In the event Owner is not a resident of the State of
California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a
natural person residing in the State of California, giving his or her name, residence and business
addresses, as its agent for the purpose of service of process in any court action arising out of or
based upon this Agreement, and the delivery to such agent of a copy of any process in any such
action shall constitute valid service upon Owner. If for any reason service of such process upon
such agent is not feasible, then in such event Owner may be personally served with such process
and such service shall constitute valid service upon Owner. Owner is amenable to the process so
served, submits to the jurisdiction of the Court so obtained and waives any and all objections and
protests thereto.
9.20 Authority to Execute. The person or persons executing this Agreement on behalf
of Owner warrants and represents that he or she/they have the authority to execute this Agreement
on behalf of his or her/their corporation, partnership or business entity and warrants and represents
that he or she/they has/have the authority to bind Owner to the performance of its obligations
hereunder.
(Signatures on following page)
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CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
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 _________________________________
On _________________ before me, ________________________________________________,
Date (Insert Name and Title of the Officer)
personally appeared ___________________________________________________________
Name(s) of Signer(s)
____________________________________________________________________________,
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.
Place Notary Seal and/or Stamp above Signature: ______________________________________
Signature of Notary Public
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EXHIBIT “A”
(Legal Description of the Property)
Exhibit A
55136.00461\\42107206.4
EXHIBIT “B”
(Map and Depiction of the Property)
Exhibit B
55136.00461\\42107206.4
EXHIBIT “C”
(Development Plan)
Specific Plan No. SP-1
Design Review No. 2025-0020
Conceptual Site Plan and Design Review No. \[N/A\]
Zoning Ordinance Amendment No. \[N/A\]
Conditional Use Permit No. 2025-0022
55136.00461\\42107206.4
ACTION MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
AUGUST 25, 2026
CALL TO ORDER: 6:00 p.m.
PLEDGE OF ALLEGIANCE: Commissioner Gullo
ROLL CALL: Let the record reflect all Commissioners are present, except Chair Pro Tem
Kozak, who is absent due to illness.
PUBLIC INPUT:
Hurtado confirmed no public input was received.
CONSENT CALENDAR:
1.APPROVAL OFMEETING MINUTES – AUGUST 11, 2026
RECOMMENDATION:
That the Planning Commission approve the Minutes of the August 11, 2026
Planning Commission meeting, as provided.
Hurtado confirmed no public input was received regarding Item No. 1.
Mo
tion: It was moved by Gullo, seconded by Douthit, to approve the Consent
Calendar, as provided.
Roll Call Vote: Hurtado
Motion carried: 4-0-1
PUBLIC HEARING:
2.DESIGN REVIEW (DR) 2025-0009, SUBDIVISION (SUB) 2025-0010/TENTATIVE
PARCEL MAP (TPM) 2026-108
APPLICANT: Jocelyn Wan
HPA, Inc.
18831 Bardeen Avenue, Suite 100
Action Minutes – Planning Commission Meeting – August 25, 2026 – Page 1
Irvine, CA 92612
PROPERTY OWNER:EBS Realty Partners
Attn: Michael McKenna
18881 Von Karman Avenue, Suite 1450
Irvine, CA 92612
LOCATION:2441 Michelle Drive
APN: 432-471-16 and 432-391-59
REQUESTS:
1. DR 2025-0009 for site layout and building design of two new industrial
warehouse buildings consisting of a total of 177,696 square feet.
2.SUB 2025-0010/TPM 2026-108 to subdivide the site into two numbered
parcels and one lettered lot.
ENVIRONMENTAL:
This project is consistent with the City’s previously certified General Plan
Environmental Impact Report (State Clearinghouse No. 92101104) and does not
require additional environmental review in accordance with Section 15183 of the
California Environmental Quality Act (CEQA). A Streamline Exemption analysis was
prepared pursuant to CEQA Guidelines Section 15183,which evaluated the project
against the previously certified environmental document.
RECOMMENDATION:
Recommend the Planning Commission:
1.Adopt Resolution No. 4555 approving the following:
• DR 2025-0009 for site layout and building design of two new industrial
warehouse buildings consisting of approximately 177,696 square feet on an
8.3-acre site; and
• SUB 2025-0010/TPM 2026-108 to subdivide the site into two numbered
parcels and one lettered lot.
Presentation provided by Erica H. Demkowicz, AICP, Senior Planner.
Commissioner Higuchi inquired about the proposed fencing along Interstate 5, noting that a
chain-link fence currently appears to exist adjacent to the site, possibly associated with
Action Minutes – Planning Commission Meeting – August 25, 2026 – Page 2
OCTA property or an easement. He sought clarification on whether a chain-link fence would
be installed as part of the proposed project.
In response, Demkowicz stated the existing fence type is chain link; however, the proposed
project includes an 8-foot wrought iron fence surrounding the perimeter of the site.
Commissioner Douthit referenced the Spirit and Truth Church project approved by the
Commission and recalled that part of the church’s agreement with Kaiser Permanente
required construction of a sidewalk connection between the two properties. Referring to the
project renderings, he asked whether the proposed sidewalk improvements were being
coordinated with the church or whether they would satisfy that requirement.
Barragan explained that a condition of approval for the Spirit and Truth Church project,
approved by the Commission on August 11, 2026, requires completion of the sidewalk
improvements associated with the proposed project before the church may utilize its joint-
use parking agreement with KaiserPermanente.
Commissioner Gullo disclosed email correspondence with City staff regarding traffic
concerns. Specifically, she had expressed concern with traffic queuing along Walnut Avenue
at Tustin Ranch Road, including vehicles backing up past Franklin Avenue because they
needed to turn north at Tustin Ranch Roadto access Interstate 5. She noted that staff
responded that the City’s Traffic Engineer has not received any complaints regarding the
Walnut Avenue and Tustin Ranch Road intersection.
In response, Eastman stated that staff is not currently aware of any specific traffic issues at
the intersection but recognizes that congestion occurs at numerous intersections throughout
the City during peak travel periods. He noted that staff would review conditions at Walnut
Avenue and Tustin Ranch Road to determine whether recurring congestion exists. Eastman
further explained that the project site is currently developed with an industrial building, and
that the proposed net increase in industrial floor area is relatively modest, approximately
50,000 square feet. Given the site's industrial zoning and intended use, staff does not
anticipate any traffic impacts resulting from the project.
Michael McKenna, applicant, expressed his gratitude to City staff with regards to the
application process.
Chair Mason asked the applicant whether any outreach had been conducted with
neighboring residents or the surrounding community.
Mr. McKenna, applicant, stated that public hearing notices were mailed to surrounding
property owners and residents. No comments or concerns were received from residents
along Tustin Ranch Road. He noted that while the project site appears to be in close
proximity to those residences, a significant grade separation exists between the site and the
Action Minutes – Planning Commission Meeting – August 25, 2026 – Page 3
homes. As a result, he does not anticipate any substantial impacts to the adjacent
neighborhood.
Commissioner Douthit asked, if the project was approved, how quickly tenants could be
secured and when construction of the new buildings would begin.
In response, Mr. McKennastated that market conditions have changed significantly in recent
years due to inflation and impactsfrom the COVID epidemic. Despite these challenges, the
applicant has already begun marketing the project and has received interest from several
prospective businesses and industrial users. He estimated that the project would be
constructed in phases over approximately 10 to 12 months. He further noted that
preparation of construction documents and the plan check process would take
approximately six months.
Hurtado confirmed no public input was received regarding Item No. 2.
Commissioner Higuchi’s closing comments included commending staff for using the CEQA
Section 15183 exemption and expressed appreciation for the project’s architectural
elevations along Interstate 5.
Commissioner Gullo’s closing comments included support for the project and
encouragement to continue monitoring traffic conditions in the area. She noted concerns
regarding bicycle circulation near the Irvine bicycle trail, which currently terminates at the
Tustin border near Myford Road. She described the project as well planned, beneficial to
the City's industrial and employment base, and appropriately located.
Motion: It was moved by Douthit, seconded by Gullo, to approve Item no. 2, as provided.
Roll Call Vote: Hurtado
Motion carried:4-0-1
3.DEVELOPMENT AGREEMENT (DA) 2026-0002, CONDITIONAL USE PERMIT (CUP)
2025-0022, DESIGN REVIEW (DR) 2025-0020, FOR THE DEVELOPMENT AND
OPERATION OF A 33,422 SQUARE FOOT RELIGIOUS ASSEMBLY USE WITHIN
NEIGHBORHOOD D OF THE TUSTIN LEGACY SPECIFIC PLAN(TLSP)
APPLICANT: Blake Crane, on behalf of Mariners Church
5001 Newport Coast Drive
Irvine, CA 92603
PROPERTY
Action Minutes – Planning Commission Meeting – August 25, 2026 – Page 4
OWNER: City of Tustin
300 Centennial Way
Tustin, CA 92780
LOCATION: Northeast corner of Warner Avenue and John Johnson Way
(vacant lot)
REQUESTS:
To establish a 33,422 square foot, two-story religious assembly building and use
with 276 on-site parking spaces and other site improvements on a 3.32-acre site.
The project includes the following requests:
DR 2025-0020 for the design and site layout.
CUP 2025-0022 to establish and operate an assembly use.
DA 2026-0002 to facilitate the development and conveyance of the 3.32-acre
City-owned project site.
The project also includes GPC 2026-0003 to determine that the location, purpose,
and extent of the proposed disposition of the 3.32-acre City-owned site (APN 430-
481-015) within Neighborhood D South of the TLSP, for the development of the
proposed project, is in conformance with the General Plan and the TLSP.
ENVIRONMENTAL:
An addendum to the TLSP 2025 Supplemental Environmental Impact Report (SEIR)
has been prepared pursuant to California Environmental Quality Act (CEQA)
Guidelines Sections 15164, 15162, and 15168. The addendum concludes that none
of the conditions requiring preparation of a subsequent or supplemental
Environmental Impact Report have occurred, therefore further environmental
documentation is not required.
RECOMMENDATION:
1. Recommend the Planning Commission adopt Resolution No. 4556, determining
that the location, purpose, and extent of the proposed disposition of the 3.32-acre
site within Neighborhood D of the TLSP for the development of the proposed
project is in conformance with the City’s adopted General Plan.
2. Recommendthe Planning Commission adopt Resolution No. 4557, for the
following:
Action Minutes – Planning Commission Meeting – August 25, 2026 – Page 5
a.Approval of DR 2025-0020 for the design and site layout of the proposed
project;
b.Approval of CUP 2025-0022 to establish and operate a religious assembly
use within a 33,422 square foot building;
c.Recommend that the City Council adopt Ordinance No. 1581, approving DA
2026-0002 to facilitate the development and conveyance of the 3.32-acre
City-owned site; and
d.Adopt an Addendum to the TLSP 2025 SEIR, finding that, pursuant to CEQA
Guidelines Sections 15164, 15162, and 15168, the proposed project is within
the scope of the TLSP2025 SEIRand that no subsequent or SEIRis required.
Presentation provided by Erica H. Demkowicz, AICP, Senior Planner.
The applicant, Blake Crane, spoke on behalf of Mariners Church and provided background
information regarding the church and its history. He introduced several church
representatives in attendance and expressed appreciation to City staff for the opportunity
to present the project.
Commissioner Higuchi referred to the site plan and asked for clarification regarding the
proposed parking supply, specifically whether the 276 parking spaces identified were
exclusively on-site. He also questioned references to street parking shown on an earlier
site plan and asked whether the basins surrounding the project site were intended for
water quality treatment. Additionally, he noted that colored building elevations were not
included in the Planning Commission packet.
In response, Demkowicz confirmed that the 276 parking spaces are all located on-site. She
explained that the specific site plan referenced by Commissioner Higuchi reflected an
earlier iteration of the project and not the current proposal. She further confirmed that the
basin is forwater quality management. Demkowicz noted that colored elevations were
included in the PowerPoint presentationbutappear to not have made it intothe meeting
packet.
Commissioner Douthit asked about future development plans on the opposite side of
Warner Avenue and raised questions regarding pedestrian access between the proposed
church site and the Linear Park pedestrian bridge crossing Warner Avenue. He emphasized
the importance of ensuring a safe connection between the park and the church. Douthit
also asked whether residents within the nearby Irvine Company residential development
had received public hearing notices,and whether any responses had been received.
Action Minutes – Planning Commission Meeting – August 25, 2026 – Page 6
Demkowicz stated that the residential tract referenced by Commissioner Douthit was
included in the public hearing notice mailing and that no comments were received.
Eastman explained that the area north of Warner Avenue is designated for future
residential and mixed-use development and is currently undeveloped. He noted that
portions of the area remain under Navy ownership and have not yet been released.
Eastman further explained that a pedestrian bridge is planned over Warner Avenue as part
of the Linear Park, which willcontinue northeast of the project site. While detailed
pedestrian circulation plans were not available at this time, he indicated that pedestrians
would likely utilize sidewalks and existing street crossings to access the church site.
Chair Mason asked about the anticipated occupancy of the facility and the typical weekly
activities planned by the church.
Demkowicz referenced the applicant's Letter of Operations and explained that the church
anticipates holding two Sunday services, with peak attendance occurring between
approximately 8:30 a.m. and 1:00 p.m. Weekday small-group meetings are proposed
between 6:00 p.m. and 9:00 p.m. Attendance is estimated at up to 600 individuals on
Sundays and approximately 100 individuals during weekday activities. She clarified that
these figures represent anticipated attendance rather than maximum building occupancy
under the Building Code.
Chair Mason also asked whether the traffic analysis accounted for larger gatherings and
whether parking is permitted on Warner Avenue.
Eastman stated that the traffic analysis evaluated the proposed use as presented. He noted
that church-related traffic would primarily occur during off-peak Sunday hours when
overall traffic volumes are lower. He further stated that parking is not permitted on Warner
Avenue.
Commissioner Higuchi asked about the limited office space and kitchen area shown on the
site plan.
Mr. Crane explained that the church has adopted a hybrid operating model, with staff
spending more time in the community rather than working from traditional office spaces.
As a result, the project minimizes administrative space and prioritizes areas that directly
serve the community. He noted that the kitchen area is intended primarily for coffee service.
Chair Mason made favorable comments regarding the proposed project.
Hurtado confirmed no public input was received regarding Item No. 3.
Action Minutes – Planning Commission Meeting – August 25, 2026 – Page 7
Commissioner Gullo's closing comments included support for the project, noting that it
was thoughtfully designed, appropriately located, and a positive addition to the
community. She also observed that while parking is not permitted on Warner Avenue, a
bicycle lane is provided along the roadway.
Commissioner Douthit's closing comments included noting that nearby residents had been
properly notified and that the absence of public comments indicated a generally favorable
response. He expressed support for the project and complimented its overall design.
Commissioner Higuchi shared a personal connection to Mariners Church, recalling that it
was the first church group he attended as a youth. While expressing support for the
applicant and the project, he encouraged additional consideration of pedestrian
connections between the church and nearby park facilities, greater opportunities for
outdoor gathering spaces, and potential improvements to site access and circulation. He
concluded by commending the applicant for the proposed project.
Motion: It was moved by Mason seconded by Douthit, to approve Item No. 3, as provided.
Roll Call Vote:Hurtado
Motion carried:4-0-1
REGULAR BUSINESS: None.
OTHER BUSINESS:
Alexa Smittle, Community Development Director, provided verbal updates regarding
CDD.
PLANNING COMMISSION COMMENTS AND REPORTS:
Commissioner Higuchi did not have any comments.
Commissioner Gullo attended the Local Redevelopment Agency meeting as well as the
Camino Real Park ribbon cutting on August 25, 2026.
Commissioner Douthit informed the Commission and audience of theDive Bar history tour
lead by the Tustin Historic Society, to occur theweekendof August 29, 2026.
Chair Mason commended staff with regards to all of the development occurring in Tustin.
ADJOURNMENT 6:51 p.m.: The next regular meeting of the Planning Commission is
scheduled for Tuesday, September 8, 2026.
Action Minutes – Planning Commission Meeting – August 25, 2026 – Page 8
AMY MASON
Chairperson
ALEXA SMITTLE
Planning Commission Secretary
Action Minutes – Planning Commission Meeting – August 25, 2026 – Page 9
RESOLUTION NO. 4556
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THAT THE LOCATION, PURPOSE,
AND EXTENT OF THE PROPOSED DISPOSITION
OF LOT 15 OF TRACT 18197, AN APPROXIMATE
3.32-ACRE SITE WITHIN PLANNING AREA 8, 13,
AND 14 (NEIGHBORHOOD D) OF THE TUSTIN
LEGACY SPECIFIC PLAN, FORTHE
DEVELOPMENTOF A RELIGIOUS ASSEMBLY USE
PROJECT LOCATED AT THE NORTHEAST
CORNER OF WARNER AVENUE AND JOHN
JOHNSON WAY, IS IN CONFORMANCE WITH THE
GENERAL PLANAND TUSTIN LEGACY SPECIFIC
PLAN
The Planning Commission of the City of Tustin, Californiadoes hereby resolve as follows:
I.The Planning Commission finds and determines as follows:
A.That a proper application was submitted by Issac Luevano of Carlile
Coatsworth Architects, on behalf of Mariners Church c/o Blake Crane for
development of a two-story, 33,422 square foot religious assembly
building and other site improvements on an approximately 3.32-acre site.
The site is currently owned by the City of Tustin and located within
Planning Area 8, 13, and 14 (Neighborhood D) of the Tustin Legacy
Specific Plan.
B. That the City wishes to dispose of Lot 15 of Tract 18197, an approximate
3.32-acre site within Planning Area 8, 13, and 14, to accommodate the
development of a new religious assembly use including a 622-seat
sanctuary, administrative, meeting and service spaces along with 276 on-
site parking spaces, landscaping and associated site improvements.
C. That Government Code Section 65402(a) provides that no real property
shall be disposed of until the location, purpose, and extent of the project
has been reported upon by the local planning agency as to the conformity
with the adopted general plan.
D. That the disposition of the site is subject to the Surplus Land Act
(Government Code Section 54220 et seq.). The City declared the property
exempt surplus land on June 15, 2021, pursuant to Government Code
Section 54221(f)(1)(H), and the California Department of Housing and
Community Development approved the City’s determination on
September 15, 2022.
Resolution No. 4556
August 25, 2026
Page 2
E. That the General Plan designates the site as Tustin Legacy Specific Plan,
which envisions the area as an active living, working, shopping, and
recreation environment with access to amenities and facilities that support
the community. The proposed disposition supports several General Plan
Land Use goals, including the following:
1. Land Use Element Goal 1: Provide for a well-balanced land use
pattern that accommodates existing and future needs for housing,
commercial and industrial land, open space and community facilities
and services, while maintaining a healthy, diversified economy
adequate to provide future City services.
2. Land Use Element Goal 3: Ensure that new development is compatible
with surrounding land uses in the community, the City’s circulation
network, availability of public facilities, existing development
constraints and the City’s unique characteristics and resources.
3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically
pleasing community for residents and businesses.
4. Land Use Goal 6: Improve urban design in Tustin to ensure
development that is both architecturally and functionally compatible,
and to create uniquely identifiable neighborhoods, commercial and
business park districts.
5. Land Use Goal 8: Ensure that necessary public facilities and services
should be available to accommodate development proposed on the
Land Use Policy Map.
6. Land Use Goal 14: Continue to implement the Specific Plan/Reuse
Plan for MCAS Tustin \[the Tustin Legacy Specific Plan\] which
maximizes the appeal of the site as a mixed-use, master planned
development.
F. That the proposed project would provide public/quasi-public and/or
institutional services responsive to the needs of the City’s population in
Tustin Legacy, consistent with the General Plan goals identified above.
G. That Section 65402(a) of the Government Code authorizes the Planning
Commission to determine whether the location, purpose, and extent of the
proposed disposition of real property is consistent with the General Plan.
H. That a public hearing was duly noticed, called, and held on the associated
entitlement project and General Plan Conformity (GPC) 2026-0003 by the
Planning Commission on August 25, 2026.
Resolution No. 4556
August 25, 2026
Page 3
I.That the General Plan Conformity determinations required by Government
Code Section 65402(a) are not “projects” requiring environmental review
pursuant to the California Environmental Quality Act.
II. The Planning Commission hereby determines the location, purpose, and extent
of the disposition of Lot 15 of Tract 18197 to Issac Luevano of Carlile Coatsworth
Architects, on behalf of Mariners Church for the development of a new religious
assembly use including a 622-seat sanctuary, administrative, meeting and service
spaces along with 276 on-site parking spaces, landscaping and associated site
improvements is in conformance with the General Plan and the Tustin Legacy
Specific Plan.
Resolution No. 4556
Page 4
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting held on the 25thday of August 2026.
AMY MASON
Chairperson
ALEXA SMITTLE
Planning Commission Secretary
APPROVED AS TO FORM:
___________________________
MICHAEL DAUDT
Assistant City Attorney
Resolution No. 4556
Page 5
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ALEXA SMITTLE, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4556 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of
August 2026.
PLANNING COMMISSIONER AYES: DOUTHIT, GULLO, HIGUCHI, MASON _____ (4)
PLANNING COMMISSIONER NOES: _________________________________
PLANNING COMMISSIONER ABSTAINED: _________________________________
PLANNING COMMISSIONER ABSENT:
KOZAK (1)
___________________________
ALEXA SMITTLE
Planning Commission Secretary
RESOLUTION NO. 4557
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING
DESIGN REVIEW 2025-0020AND CONDITIONAL USE
PERMIT 2025-0022 AUTHORIZING THE DEVELOPMENT
OF A 33,422 SQUARE FOOT, TWO-STORY RELIGIOUS
ASSEMBLY BUILDINGAND OTHER SITE
IMPROVEMENTSANDAUTHORIZING THE
ESTABLISHMENT AND OPERATION OF A RELIGIOUS
ASSEMBLY USE,RECOMMENDING THAT THE CITY
COUNCIL ADOPT ORDINANCE NO. 1581 FOR
DEVELOPMENT AGREEMENT 2026-0002AND
ADOPTINGAN ADDENDUMTO THE TUSTIN LEGACY
SPECIFIC PLAN 2025 SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT
LOCATED ONA 3.32-ACRE SITE ON THE NORTHWEST
CORNER OF WARNER AVENUE AND JOHN JOHNSON
WAY WITHIN THE TUSTIN LEGACY SPECIFIC PLAN AREA
(APN 430-481-15)
The Planning Commissionof the City of Tustin does hereby resolve as follows:
I.The Planning Commission finds and determines as follows:
A.That a proper application has been submitted by Isaac LuevanoofCarlile
Coatsworth Architects on behalf on Mariners Church c/o Jim Franklin or
Blake Crane,requesting authorization toestablish a 33,422 square foot,
two-story religious assembly building,276 on-site parking spaces,
landscaping and other site improvements on Lot 15 of Tract 18197, an
approximately 3.32-acre site currently owned by the City of Tustin within
Planning Area (PA) 8, 13, and 14 (Neighborhood D) of the Tustin Legacy
Specific Plan (TLSP).The request also includes the approval of a
development agreement.
B.That the Development Application requests the following approvals:
1. Development Agreement (DA) 2026-0002 to facilitate the development
and conveyance of the approximately 3.32-acre City-ownedprojectsite.
2.Design Review (DR) 2025-0020 for the design and site layout of a new
33,422 square foot, two-story assembly buildingthat includes a 622-seat
sanctuary space, meeting/worship rooms and service spaces with
surface parking, landscaping, and associated site improvements.
3.Conditional Use Permit (CUP) 2025-0022 to establish and operate a
religious assembly use.
Exhibit A
Resolution No. 4557
DR 2025-0020&CUP 2025-0022
Page 2
C.That a General Plan Conformity (GPC) 2026-0003is required to determine
that the location, purpose, and extent of the proposed disposition of the 3.32-
acre city-owned site (APN 430-481-15) within Neighborhood D of the Tustin
Legacy Specific Plan, for the development of the proposed project, is in
conformance with the General Plan and the Tustin Legacy Specific Plan.
Findings in support of GPC 2026-0003 were adopted by the Planning
Commission via Resolution No. 4556.
D.That the site is zoned as TLSP (SP-1) within PA 8, 13, and 14 (Neighborhood
D), and designated as TLSP by the General Plan. In addition, the project
has been reviewed for consistency with the Air Quality Sub-element of the
City of Tustin General Plan and has been determined to be consistent with
the Air Quality Sub-element.
E.That TLSP Section 4.2.7 requires all private nonresidential development at
Tustin Legacy to obtain a DA in accordance with Section 65864 et seq. of the
Government Code and Sections 9600 to 9619 of the Tustin City Code. In
compliance with TCC Section 9611, the Planning Commission must make a
recommendation on the proposed DA to the City Council. The
recommendation to City Council can be supportedby the following findings:
1.The project is consistent with the objectives, policies, general land uses
and programs specified in the General Plan and the Tustin Legacy
Specific Plan.
2.Theprojectincludes a use compatiblewithotherusesauthorizedinthe
districtinwhichtherealpropertyislocated(PA8,13,and14)inthat
churchesandotherreligiousinstitutionsareconditionallypermitted,and
similarandcompatibleusesareconstructedandenvisionedwithin close
proximityoftheprojectsite.
3.Theprojectisinconformitywiththepublic necessity, public
convenience,generalwelfare,andgoodlandusepracticesinthatthe
projectwouldprovidepublic/quasi-publicand/orinstitutionalusewithin
thearea responsive tothecommunitywelfareoftheTustinLegacy
populationandtoallresidentsthroughouttheCityofTustin.
4.Theprojectwillnotbedetrimentaltothehealth,safety,andgeneral
welfare.TheprojectwillcomplywiththeTLSP,TCC,andother
regulationstoensurethattheprojectwillnotbedetrimentalinanyway.
5.Theprojectwillnotadverselyaffecttheorderlydevelopmentofproperty
inthattheproposedprojectisorderly,welldesigned,andequippedwith
necessaryinfrastructureandamenitiestosupportexistingandfuture
residentsinTustinLegacyandthroughouttheCityofTustin.
Exhibit A
Resolution No. 4557
DR 2025-0020&CUP 2025-0022
Page 3
6.TheprovisionsoftheproposedDAandconditionsofapprovalwill
ensurethattheprojectwillhave a positive fiscal impactontheCity.
F.That pursuant to the TLSP andTCCSection 9272, the Planning Commission
finds that the location, size, architectural features, and general appearance of
the proposed development will not impair the orderly and harmonious
development of the area, the present or future development therein, or the
occupancy as a whole. In making such findings, the Commission has
considered at least the following items:
1.Height, bulk, and area of buildings. The two-story assembly building has
a maximum height of 37feetwith an overall lot coverage of 16%with the
majority of the site designated as parking for the use.The overall building
square footage of 33,422square feet will bedistributed across the 3.32-
acre site such that building mass is concentrated towards the northeast
corner of the site at John Johnson Way and Warner Avenue.
2.Setbacks and site planning.The building is designed with four-sided
architecture withparking located to the south of the building. The building
will be situated towards the northeast corner of the site with no
encroachments into the required building setbacks along John Johnson
Way and Veteran’s Way. The building includes visual fenestration and
architectural relief on all elevations including a secondary entry offWarner
Avenue.
3.Exterior materials and colors.The building’suseof a warm to cool-gray
color palette on the concrete tilt up panels with decorative tile insets and
use of solar blue glazing with black aluminum mullions is consistent with
TLSP Section 3.19.
4.Type and pitch of roofs.The proposedbuildingincludes the use of a low-
sloped roof concealed behind aparapet, with maximum building heights
measured to the top of parapet.
5.Size and spacing of windows, doors, and other openings. Window and
door openings are distributed and located to articulate each façade and
reduce apparent building mass.
6.Roof structures.Rooftop mechanical equipment is screened from public
view by parapetsthat are integrated into the overall architectural design.
7.Location, height, and standards of exterior illumination.Exterior
lighting is designed to provide safe pedestrian and vehicular circulation
while shielding and directing light downward to avoid spillover onto
adjacent properties. As conditioned, exterior illumination will comply with
the standards of the TustinSecurity Ordinance.
Exhibit A
Resolution No. 4557
DR 2025-0020&CUP 2025-0022
Page 4
8.Landscaping, parking area design, and traffic circulation. The project
provides 15,638 square feet of landscaping, including drought-tolerant
trees and shrubs along the site boundaryandwithin parking areas.A total
of 276parking spaces isprovided, which exceedsthe minimum number of
spaces required for weekday and weekend uses. A total of fifty-sixtrees is
proposed on the site which will help to define and highlight the building. Site
access is taken from either John Johnson Way orVeterans Way.
9.Location and appearance of equipment located outside an enclosed
structure.Ground-mounted mechanical, electrical, and utility equipment is
located away from street frontages and screened by walls and landscaping,
and rooftop equipment is screened by parapets.
10.Location and method of refuse storage. Refuse and recycling for the
building will be in a designated trash enclosure located adjacent to John
Johnson Way. The enclosure will be screened from view and painted to
match the building.
11.Physical relationship of proposed structures to existing structures in
the neighborhood.The site is bounded by public streets on all four sides.
Similar to the adjacent two-story assisted living and memory care building,
the proposed projectprovides a gentler visual for most of the project
frontage on John Johnson Way, facing the park.
12.Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares.The contemporary
architecture and warmto cool-graycolor palette are consistent with the
design character established elsewhere in Neighborhood D. Building
orientation and façade articulation along Warner Avenue, Veterans Way,
and John Johnson Way establish a consistent street presence that will
complement future development on adjoining parcels.
13.Development Guidelines and criteria as adopted by the City Council.
The project complies with TLSP Section 3.19, Urban Design Guidelines,
and with the development standards applicable to Planning Area 8, 13, and
14.
G.That TLSP Section 3.11 lists a “church and other religious institution” as a
conditionally permitted use within PA 8, 13, and 14, and TCC Section 9291
grants the Planning Commission the authority to consider and act on such
requests for a CUP. The proposedreligious assembly building falls within
this land use category.
H.That in determining whether to recommend approval of the CUP
application, the Planning Commission finds that the establishment,
maintenance, and operation of the proposed use will not, under the
Exhibit A
Resolution No. 4557
DR 2025-0020&CUP 2025-0022
Page 5
circumstances of this case, be detrimental to the health, safety, morals,
comfort, or general welfare of the persons residing or working in the
neighborhood of such proposed use, nor be injurious or detrimental to the
property and improvements in the neighborhood of the subject property, or
to the general welfare of the City of Tustin, in that:
1.The proposed religious assembly useis a conditionally permitted use
within PA 8, 13, and 14 pursuant to Tustin Legacy Specific Plan Section
3.11.
2.The building and useis compatible with the Mixed-Use Urban
designation of Neighborhood D and with the adjacent residential
community andrecently approved assisted living and memory care
facility (located directly to the east), and with the future extension of the
Legacy Linear Park to the south.
3.The operations of the religious assembly useoccur entirely within the
enclosed 33,422 square foot building,which is comprised ofa 622-seat
sanctuary space, meeting/worship rooms, service spaces and on-site
parking spaces.
4.The facility provides 276on-site parking spaces, exceeding the spaces
required by TCC Section 9263 based upon the anticipated use during the
weekdayeveningsand peak usage on Sundays.
5.That Parking/Trip/Vehicle MilesTraveled Screening & Level of Service
Analysiswere reviewed and accepted by the City’s Traffic Engineer and
both studies concluded that the project will not create either traffic or
parking nuisances in the general vicinity of the project site.
6.Conditions of approval have been included to address the development
and ongoing operation of the facility.
I.That theproject is consistent with Tustin General Plan Land Use Element goals
and policies related to commercial development including:
Goal 1: Provide for a well-balanced land use pattern that
accommodates existing and future needs for housing,
commercial and industrial land, open space and community
facilities and services, while maintaining a healthy, diversified
economy adequate to provide future City services.
Policy 1.6: Ensure an adequate supply of commercial and
industrial land within the City of Tustin for potential commercial
and industrial expansion and development.
Exhibit A
Resolution No. 4557
DR 2025-0020&CUP 2025-0022
Page 6
Goal 5: Revitalize older commercial, industrial and residential
uses and properties.
Goal 6: Improve urban design in Tustin to ensure development
that is both architecturally and functionally compatible, and to
create uniquely identifiable neighborhoods, commercial and
business park districts.
Policy 6.2: Encourage and promote high-quality design and
physical appearance in all development projects.
J. That a public hearing was duly called, noticed, and held on said applications
on August 25, 2026, by the Planning Commission.
K.On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for
the reuse and disposal of MCAS Tustin.On December 6, 2004, the City
Council adopted Resolution No. 04-76 approving a supplement to the
FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue
and the future alignment of Valencia North Loop Road.On April 3, 2006, the
City Council adopted Resolution No. 06-43 approving an addendum to the
FEIS/EIR. On May 13, 2013, the City Council adopted Resolution No. 13-
32 approving a second addendum to the FEIS/EIR.On July 5, 2017, the
City Council adopted Resolution No. 17-23 approving a second supplement
to the FEIS/EIR.On December 17, 2024, the City Council adopted
Resolution No. 24-76 approving a third supplement to the FEIS/EIR(the
TLSP 2025 SEIR, State Clearinghouse No. 1994071005), which evaluated
the environmental effects in conjunction with an amendment to the TLSP to
implement the programs and policies of the City’s Sixth Cycle Housing
Element Rezone Project, which increased residential capacity within TLSP
Neighborhoods D (North and South) and G (Housing Element Sites 1A, 1B
and 2).
The FEIS/EIR, along with its Addenda and supplements, is a program EIR
under the California Environmental Quality Act (CEQA). The FEIS/EIR,
Addendum, and supplements considered the potential environmental
impacts associated with development on the former Marine Corps Air
Station, Tustin.
Because the proposed project includes a religious assembly use and
therefore considered a nonresidential use, the project has been evaluated
through an addendum tiering from the TLSP 2025 SEIR pursuant to CEQA
Guidelines Sections 15164, 15162, and 15168.
An addendum to the TLSP 2025 SEIR has been prepared for the proposed
project and is supported by project-specific technical studies. Based upon
the addendum, the Planning Commission finds that:
Exhibit A
Resolution No. 4557
DR 2025-0020&CUP 2025-0022
Page 7
1.The proposed project is within the scope of the development previously
analyzed in the TLSP 2025 SEIR;
2.No substantial changes are proposed in the project, and no substantial
changes have occurred with respect to the circumstances under which
the project is undertaken, that would require major revisions to the TLSP
2025 SEIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified
significant effects;
3.No new information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at
the time the TLSP 2025 SEIR was certified, has become available;
4.None of the conditions described in CEQA Guidelines Section 15162
calling for preparation of a subsequent or supplemental EIR have
occurred, and only minor technical changes or additions are necessary,
such that an Addendum is the appropriate document pursuant to CEQA
Guidelines Section 15164; and
5.Pursuant to CEQA Guidelines Section 15164(c), the Addendumneed not
be circulated for public review, and pursuant to Section 15164(d), the
Addendum has been considered together with the TLSP 2025 SEIR prior
to making a decision on the project.
All mitigation measures from the MCAS Tustin FEIS/EIR, TLSP 2017 SEIR,
and TLSP 2025 SEIR Mitigation Monitoring and Reporting Programs
applicable to the project have been incorporated into the conditions of
approval attached hereto as Exhibit B.
II.The Planning Commission hereby adopts Resolution No. 4557, approvingCUP
2025-0022 and DR 2025-0020, subject to the conditions attached hereto as Exhibit
B,recommendingthat the City Council adoptOrdinance No. 1581 for DA 2026-
0002 attached hereto as Exhibit A, and adoptingthe Addendumto the TLSP 2025
SEIRattached hereto as Exhibit C for the project.
III.The Planning Commission’sapproval of CUP 2025-0022 and DR 2025-0020is
contingent upon the City Council’s subsequentapproval of DA 2026-0002.CUP
2025-0022 and DR 2025-0020shall take effect concurrently with Ordinance No.
1581.
Exhibit A
Resolution No. 4557
DR 2025-0020&CUP 2025-0022
Page 8
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
th
meeting on the 25day ofAugust, 2026.
AMY MASON
Chairperson
ALEXA SMITTLE
Planning Commission Secretary
APPROVED AS TO FORM:
___________________________
MICHAEL DAUDT
Assistant City Attorney
Exhibit A
Resolution No. 4557
DR 2025-0020&CUP 2025-0022
Page 9
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I,Alexa Smittle, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4557 was duly passed and
th
adopted at a regular meeting of the Tustin Planning Commission, held on the 25day of
August,2026.
PLANNING COMMISSIONER AYES:
DOUTHIT, GULLO, HIGUCHI, MASON (4)
PLANNING COMMISSIONER NOES:___________________________________
PLANNING COMMISSIONER ABSTAINED:________________________________
PLANNINGCOMMISSIONER ABSENT: KOZAK (1)
ALEXA SMITTLE
Planning Commission Secretary
Exhibit A – Draft Ordinance No. 1581 and Development Agreement 2026-0002
Exhibit B – Conditions of Approval
Exhibit C -Addendum to the Tustin Legacy Specific Plan 2025 SEIR
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
treat
.
.
Appendix G (Environmental Checklist Form)
300 Centennial Way, Tustin, CA 92780
(714)573-3100
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Sundstrom v. County of MendocinoLeonoff v.
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