pdf make - granicus

addition to ensure orderly development and the systematic provision ofrequired affordable housing construction phasing of affordable units willbe required to be reasonably proportionate to market rate units

L That the MCAS Tustin Specific Plan requires the provision of affordablehousing affordable to very low low and moderate income level personsThe applicant has submitted a request for incentives for the developmentof affordable housingie density bonus in Planning Areas 4 and 5 andhas requested the transfer of 22 affordable units Very Low and 14Moderate income from Planning Area 4 and Planning Area 21 to PlanningArea 5 and 25 8 Very Low and 15 Low income from Planning Area 21 toPlanning Area 5 In accordance with Section39413fof the MCASTustin Specific Plan which provides for the transfer of affordable housingunit obligations to an offsite location at the Citys sole discretion thetransfer of these units is appropriate in that they are proposed to belocated in condominium units including senior housing for ownershiptenure project in Planning Area 5 which will offer equivalent housingopportunities The applicant will be required to enter into a HousingIncentive Agreement to ensure the provision of affordable housing

M That the MCAS Tustin Speck Plan process included public conveyanceof City parks and an Urban Regional Paris and individual developers wererelieved of the requirement to dedicate land for park purposes howeverthe developer is required to provide funding toward the project fair shareof Tustin Legacy Open Space and Recreational facilities includingpayment of a parkland dedication inlieu fee subject to the provisions ofthe MCAS Tustin Specific Plan and the Citys parkland dedicationordinance Section 9331 of the Tustin City Code which permits a creditfor public recreational open space if affordable housing is being providedThe subdivider is providing 49 acres of private parkland in the proposedsubdivision and has requested a waiver of parkland dedication feespursuant to Section 9931d1c of the Tustin City Code for the 241affordable housing units to be provided in the subdivision and a credit for366 acres private parkland that will be provided and accessible to thepublic on the park site through public easements an the development siteIt is appropriate to waive a portion of the fees since affordable housingunits will be provided within Planning Areas 4 and 5 and provide a creditfor a portion of the park areas that will be accessible to the public

N With development of this site the applicant has requested a densitybonus density averaging and an affordable housing plan for transfer oflower income and moderate income units from Planning Area 4 andPlanning Area 21 to Planning Area 5 which will be binding with executionof a Housing Incentive Agreement Since 63 percent of the affordableunits required for the project site are located in the senior housing projectfor ownership tenure no portions of the project shall be subdivided until

Resolution No 0540

Page 3 of 27

design phasing and tenure of the senior housing project is completed tothe satisfaction of Community Development Department In addition toensure orderly development and the systematic provision of requiredaffordable housing construction phasing of affordable units will berequired to be reasonably proportionate to market rate units

O Section 9121 of the Tustin City Code requires the granting of a densitybonus of twentyfive 25 percent of the total units and at least oneconcession or incentive when an applicant agrees to provide at leasttwenty 20 percent of the total units excluding the density bonus of thehousing development as target units affordable to lower incomehouseholdsie Target Units The applicant is providing 186 target unitsand requested a density bonus for construction of 182 units in PlanningAreas 4 and 5 No financial incentive has been requested

P That the Building Official has considered and approved deviations to thePrivate Improvement Standard to allow tuming radii of less than 25 feet forprivate drives when acceptable tuming radii for a forty 40 foot long byeight8 feet wide moving truck is demonstrated on the Circulation Plan

Q That a Final Environments impact StatementEnvironmental ImpactReport far the MCAS Tustin Reuse Plan and Specific Plan FEISEIR wasprepared and certified which considered the development of low densitydevelopment within Planning Area 4 and medium density developmentwithin Planning Area 5 A checklist was prepared that finds all potentialimpacts of the project were addressed by the certified FEISEIR and noadditional impacts have been identified all applicable mitigation measuresin the FEISEIR have been included as conditions of approval ThePlanning Commission has adopted Resolution No 3949 recommendingthat the City Council find that the FEISEIR for the MCAS Tustin ReusePlan and Speck Plan adequately addressed all potential impacts relatedto the subdivision

The Planning Commission hereby recommends that the City Council approveTentative Tract Map 16581 for the subdivision of 1055gross acre site into 386numbered lots and 186 lettered lots for the purpose of developing 1077residential units including 337 units within Planning Area 4 and 740 units inPlanning Area 5 Parcel 23 and Parcel 24 subject to the conditions containedin Exhibit A attached hereto

PASSED AND ADOPTED at a regular meeting of the Tustin City Council held onthe 22dday of February 2005

2

LOU BONEMayor

Resolution No 0540Page 4 of 27

PAME STOKERCity Clerk

STATE OF CALIFORNIACOUNTY OF ORANGE SSCITY OF TUSTIN

I Pamela Stoker City Cleric and exofficio Clerk of tte City Council of the City of TustinCalifamia do hereby certify that the whole number of the members of the City Council ofthe City of Tustin is five that the above and foregoing Resolution No 0540 was dulypassed and adopted at a regular meeting of the Tustin City Council held on the 7day ofMarch 2005 by the following vote

COUNCILMEMBER AYES BONE DAVERT AAtANTE HAGEN KAWASHIMA SCOUNCIMEMBER NOES NONE oCOUNCILMEMBER ABSTAINEDCOUNCILMEMBER ABSENT NONE o

PA EtASTOKER

City Clerk


EXHIBIT A TENTATIVE TRACT MAP 16581RESOLUTION NO0540

CONDITIONS OF APPROVAL

GENERAL

1 11 Within 24 months from tentative map approval the subdivider shall recordwith appropriate agencies a heal map prepared In accordance withsubdivision requirements of the Tustin Municipal Code the StateSubdivision Map Act and applicable conditions contained herein unlessan extension is granted pursuant to Section 933508 of the TustinMunicipal Code Prior to submittal for initial City review all correctionsnoted herein shall be made A revised tentative tract map that includes allcorrections contained herein shall be submitted prior to the issuance ofany permits or submittal of the first final tract map whichever occurs firstIf multiple final maps are proposed each map shall comply with alfrequirements herein and the requirements for phasing set forth inCondition 21

1 12 Resolution No 0540 shall become null and void in the event thatResolution Nos 3949 3951 3953 approving Concept Plan 03003 asapplicable and which were approved by the Planning CommissionSpecific Plan AmendmentZone Change 04003 Design Review 04006and the Affordable Housing Plan and Density Bonus Application whichincludes the transfer of required affordable housing units from PlanningAreas 4 and 21 to Planning Area 5 is not approved by the City Council1 13 Approval of Resolution No 0540 is contingent upon the applicant returningto the Community Development Department a notarized Agreement toConditions Imposed form and the property owner signing and recordingwith the County ClerkRecorder a notarized Notice of Discretionary PermitApproval and Conditons of Approval form The farms shall be establishedby the Director of Community Development and evidence of recordationshall be provided to the Community Development Department

SOURCE CQDES1 STANDARD CONDITION 5 RESPONSIBLE AGENCY REQUIREMENT2 CEQA MITIGATION 6 LANDSCAPING GUIDELINES3 UNIFORM BUILDING CODES 7 PCCCPOLICY4 DESIGN REVIEW EXCEPTION

Resolution No 0540Page 6 of27

1 14 The final tract mapsshall be developed in accordance with ResolutionNos 3951 and 3953 approving Concept Plan D3003 Design Review 04006 and Resolutions 0538 0539 approving Specific PlanAmendmentZone Change 04003 and the Affordable Housing Plan andagreement and Density Bonus Application All conditions of approvalherein as applicable shall be satisfred prior to recordation of a final mapor as specified herein

1 15 The subdivider shall comply with all applicable requirements of the StateSubdivision Map Act the Citys Subdivision Ordinance the MCAS TustinSpecific Plan applicable mitigation measures identified in the certifiedFEISEIR and other agreements with the City of Tustin unless otherwisemodified by this Resolution or Resolution Nos 0538 0539 3951 and3953

5 16 Prior to recordation of the first final map the subdivider shall be requiredto execute bonds or pay fees for grading permits Quimby Act obligationsand Tustin Legacy Backbone Infrastructure Program improvements asdetermined by the City Council required to be made by the developerpursuant to City procedures

1 17 Prior to recordation of the final map the subdivider shall execute asubdivision and monumentation agreement and furnish the improvementand monumentation bonds as required by the City Engineer

1 18 Prior to final map approval by the City Council the subdivider shallexecute aholdharmlessagreement and provide a Certificate of insurancepursuant to Section 9325 ofthe Tustin City Code

1 19 The subdivider shall not oppose any future creation of a landscape andlighting district for maintenance within the public rightofway or of publicparkland or community facilities district for funding of Tustin Legacybackbone infrastructure or municipal service provision to the project siteor a future community facilities district for school purposes and shallcomply with the following

191 Prior to recordation of a final subdivision map creating building sites BMap a mutually acceptable Mitigation Agreement shall be entered intowith the Tustin Unified School District

1 110 Prior to final map approval the subdivider shall submit

A A current title report and

B A duplicate mylar of the Final Map or 8 inch by 11 inch transparency ofeach map sheet prior to final map approval and as built gradinglandscape and improvement plans prior to Certificate ofAcceptance

Resolution No0540

Page 7 of 27

1 111 Upan recordation of any final map or submittal of an application forbuilding permits the applicant shall obtain new addresses from theEngineering Division

1 112 As a condition of approval of Tentative Tract Map 16581 the applicantshall agree at its sole cost and expense to defend indemnify and holdharmless the City its officers employees agents and consultants fromany claim action or proceeding brought by a third party against the Ciryits officers agents and employees which seeks to attack set asidechallenge void or annul an approval of the City Council the PlanningCommission or any other decisionmaking body including staffconcerning this project or from any potential flooding impacts The Cityagrees to promptly notify the applicant of any such claim or action filedagainst the City and to cooperate in the defense of any such action TheCity may at its sole cost and expense elect to participate in defense ofany such action under this condition

1 113 As required by Amendment No 1 to the Joint Cooperative Agreementbetween the City the County of Orange and the Orange County FloodControl District pCFCD the applicant shall indemnify and defend theCity County of Orange County and the Orange County Flood ControlDistrict District against any claims loss liability or damages arisingfrom damage to property or injury to persons resulting from flooding andorerosion within Tract 16581 The applicant shall ensure that it hasadequate assets in existence to fund this obligation until completion offuture widening and Peters Canyon Channel improvements Thesedefense and indemnify obligations do not extend to any loss liability ordamages established by a court of competent jurisdiction to be cause bythe Countysor Districtsnegligence or willful misconduct in the design ormaintenance of existing flood control improvements in the Peters CanyonChannel provided the failure to improve Peters Canyon Channel adjacentto Parcels in the City of Tustin and City of Irvine will not constitutenegligence or willful misconduct on the part of the District or County1 114 The applicant is required to prepare and record a final subdivision map

1 115 Unless otherwise agreed by the City in its sole discretion the DeveloperParcel the property within the tract or any street or sidewalk or alleywaythereon shall not be privately gated provided however that any swimmingpoal andor spa facility within the Common Area and any indoor CommonArea Improvement including any clubhouse and bathrooms may begated or locked and made available solely to residents of the Project andtheir guests


116 Approval of Tentative Tract Map 16581 shall be contingent uponconditions of approval contained within Planning Commission Resolutions3949 3950 3951 3952 and 3953 as appUcable

PROJECT PHASING

21 Construction phasing of product types and units including affordableunits on individual multiple family product planning areas within the tractie PA 51 PA 52 PA 54 PA 55 PA 56 and PA 57 shall occurconcurrently as shown on Sheet CP8 Phasing Plan and as Hated in theconditions of approval contained herein with the exception of the seniorhousing project that requires submittal of a separate design reviewapplication and any associated required applications and separateaffordability production monitoring as identified in Condition 22

22 The senior housing shown on the tentative tract map is provided forgeneral location and number of units and does not represent final Cityapproval except that 153 affordable units shall be provided at this siteincluding 36 Very Low 61 Low and 56 Moderate Income units Acomplete design review application for the senior housing including a siteplan delineating adequate access nonintrusive to low density residentialunits adequate parking landscaping fire access architectural floor planselevations materials and colors for the housing units and the recreationalbuilding and a phasing plan for the construction of the affordable unitsalong with the market rate units in the senior housing shall be submittedand approved prior to issuance of building permits for the first productionunit of the entire Columbus Square project A production unit is defined asa unit included in Phase I and subsequent phases of the Phasing Plannot including initial phase or model homes Any deviation from the MCASTustin Specific Plan parking standards for the senior housing wouldrequire approval of a conditional use permit which would include submittalof a parking analysis that would justify reduction in the number of requiredparking spaces subject to review and approval of the Citys trafficengineer If the developer is not able to justify the reduction in parkingandor the conditional use permit is not approved the developer agrees toa proportionate reduction in the number of units Except in no case shallthe number of affordable units approved herein for the senior housingproject be reduced Prior to issuance of the 100 building permit far theproduction units of the entire Columbus Square project building permitsfor the senior housing shalt have been issued and the first footinginspection for the senior housing shall have been completed In additionconstruction of the recreation building and park facilities shall becompleted prior to the issuance of the 420 building permit 50 percent ofnonrestricted

23 The developer shall develop market and sell Very Low Low andModerate income affordable units in the individual multiple family

Resolution No0540

Page 9 of27

product planning areasie PA 51 PA 52PA54 PA 55 PA 56 andPA57 as shown on Sheet CP8 and shall construct and market and sellsuch units in equal proportion to the market rate units as shown on thePhasing Plan for each individual multiple family planning area and as perthe conditions of approval contained herein including Condition 21 Ifthere is any deviation from provisions contained herein for the individualmultiple family product planning areas and as required in Condition 21 asdetermined by the Community Development Department upon writtennotice to the applicant or applicable vertical home builder responsible fordevelopment of the planning area no additional building permits shalt beissued by the Community Development Department far additional units onsubsequent phases in a planning area PA until compliance with saidprovisions has been demonstrated to the satisfaction of the Director ofCommunity Development In reviewing compliance the Director shallutilize objective information such as the number of market rate andaffordable units constructed to date in the planning area based on theapproved Phasing Plan and Building Division records and data on thenumber of market rate and affordable units sold in an individual phasewhich shall be provided by the developer upon written request of theDirector The requirements of this Condition shall be disclosed by theapplicant to all vertical home builders and with each final conveyancemap

24 Prior to recordation of the first final map including a conveyance map orfirst building permit whichever occurs first the applicant shall enter into aHousing Agreement with the City to ensure implementation of theAffordable Housing requirements of the Specific Plan the Citys DensityBonus Ordinance the City approved Affordable Housing Plan DensityBonus Application and the Citys Affordable Housing Policy andcompliance with Califomia Health and Safety Code Section 33413b2The development shall include 266 affordable units in Planning Areas 4and 5 including twentyfive 25 affordable units transferred from PlanningArea 21 to Planning Area 5

25 Design and construction of all public infrastructure and intract privatestreets and utility systems shall be constructed within the initial phase ofdevelopment and shall be completed prior to the issuance of buildingpermits for any Phase 1 unit as identified on Sheet CP7 Phasing Planunless a modified phasing plan for intract private streets and utilitysystems only is reviewed and approved by the Building Official and theOrange County Fire Authority in compliance with all applicable codes andstandards including the California Fire Code for access and water supplyduring construction and occupancy of production units However saidmodified phasing plan far intract private street and utility improvementsonly shall not impact any other condition contained herein or any otherCity approval Model units may be constructed prior to completion of


infrastructure if adequate ingress and egress is provided to the satisfactionof the Building Official and Orange County Fire Authority Projectinfrastructureie drives within condominium projects and utilities shallbe constructed at the time of project development

26 The developer shall submit to the City an Affordable Housing PurchaserSelection and Criteria Plan for Redevelopment Agency agency reviewand approval 30 days prior to approval of a final map or issuance of abuilding permit whichever occurs first The agency will approve ordisapprove the Affordable Housing Purchaser Selection and Criteria Planwithin 20 calendar days The developer shall initiate marketing and salesof the Affordable Housing units after the agencys approval of theDevelopersAffordable Housing Purchaser Selection and Criteria PlanSale of Affordable Housing unts can begin after final map recordation andall necessary Califomia Department of Real Estate approvals Thedeveloper shall also submit to agency individual escrow instructions forbuyers of Affordable Housing units and all other related documents atleast 20 calendar days prior to close of escrow of individual AffordableHousing units and with submission of individual escrow instructions andrelated items by the developer to the agency The agency shall approve ordisapprove individual escrow instructions and related items for buyers ofAffordable Housing units within 10 calendar days following submission bydeveloper

GENERAL CONDITIONS FOR ALL NONBACKBONE INFRASTRUCTUREIMPROVEMENTS

The following general conditions apply to Tustin Legacy NanBackbone Infrastructureimprovements as specified in each condition to ensure coordinated designconstruction and operation of all onand offsite infrastructure and utility systems

1 31 Separate 24 by 36 street improvement plans for all Tustin Legacy NonBackbone Infrastructure Improvements identified in the followingConditions and other public improvements as prepared by a CaliforniaRegistered Civil Engineer shall be required for all design and constructionwithin the public rightofwayincluding but not limited tothe following

A Full width improvements on Severyns Road project entries at ValenciaNorth Loop RoadLot P and West Connector RoadLotT

B Sidewalk including curb ramps for the physically disabled on both sidesof Severyns Road the south side of Edinger Avenue the north side ofValencia North Loop Road and the west side of West Connector RoadThe project shall comply with City of Tustin Standard Plan No 204 forconstruction of meandering sidewalks and shall comply with ADAaccessibility requirements for all proposed sidewalk grades on public

Resolution No0540Page 11 of27

streets All public sidewalks paseos and trail facilities shall comply withthe provisions ofthe American with Disabilities ActC Catch basinsstorm drain lateralsconnections to the existing storm drainsystem along Valencia North Loop Road Severyns Road and WestConnector Road with approval of Cify of TustinD Domestic water facilities and reclaimed water facilities The domesticwater system shalt be designed and installed to the standards of the IrvineRanch Water District Improvement plans shall also be reviewed andapproved by the Orange County Fire Authority for fire protection purposesThe adequacy and reliability of water system design and distribution of firehydrants will be evaluated The water distribution system andappurtenances shall also conform to the applicable laws and adoptedregulations enforced by the Orange County Health Department Anyrequired reclaimed water system shall meet the standards as required bythe Irvine Ranch Water District

E Sanitary sewer facilities All sanitary sewer facilities must be submitted asrequired by the City Engineer and Irvine Ranch Water District IRWDThese facilities shall include a gravity flow system per the standard of theIrvine Ranch Water District

F Landscapeinigatlon on both sides of Severyns Road subject to Navyapproval within the LIFOC areas on the south side of Edinger Avenue andthe median on Edinger Avenue adjacent to the project site the median onEdinger Avenue from 1400 feet of Red Hill Avenue to West ConnectorRoad both sides of Valencia North Loop Road adjacent to the project siteand the west side of West Connector road adjacent to the project siteG Underground utility connections All utility lines shall be placedunderground by the developerH Fire hydrants

Demolition and removal of any abandoned utilities at the entire siteincluding within the current proposed roadway secticns

Traffic signals at LotPValencia North Loop and LotTWest ConnectorRoad and

K Storm drain facilities on Severyns Road per CitysRunoff ManagementPlan for Tustin Legacy

All public access easements outside of the existing or proposed streetrightsofway shall be clearly shown and labeled on the plans and street

Resolution No 0540

Page 12 of27

sections and design and placement of utilities such as light poles streetfurniture traffic lights etc will be subject to design parameters establishedby the City

In addition a 24 by 36 reproducible construction area trafrfc control planas prepared by a California Registered Traffic Engineer or Civil Engineerexperienced in this type of plan preparation shall be required5 32 All public improvements including but not limited to water supplysanitary sewer facilities reclaimed water supply storm water drainageelectrical servfce gas service and other facilities and utilities shall complywith the City of Tustin General Plan the MCAS Tustin Specific Plan Citydevelopment standards and guidelines and alt conditions containedherein including but not limited to the following

A The project shall comply with City of Tustin Standard Plan No 204 forconstruction of a meandering sidewalk and ADA accessibilityrequirements for all proposed sidewalk grades on public streets

B All landscape setbacks shall be consistent with the City of Tustin MCASSpecific Plan

C Adequate horizontal and vertical intersection sight lines shaft be providedand shown on the grading plan and landscape plan A minimum 25 footby 25 foot limited use area triangle shall be provided to ensure adequatesight lines at ail driveways and the applicant shall comply with the City ofTustinsStandard Drawings and Design Standards for Public WorksConstruction No 510 far all public and private intersection sight distancesand limited use area requirements for the projects streets

1 33 Prior to any flnat map recordation the development applicant shall enterinto an agreement with the City of Tustin and any appropriate regionalutility agencies districts and providers as applicable to dedicate aileasement rightsofway or other land determined necessary to constructadequate utility infrastructure and facilities to serve the project includingbut not limited to the following IRWD SCE SBC The Gas Company CoxCommunications etc

1 34 A complete hydrology study and hydraulic calculations shall be submittedto the City for review and approval

1 35 The minimum pipe diameter for all public storm drains shall be 24 inches

5 36 All storm drains to be constructed within or adjacent to the developmentshall be designed per the applicable OCFCD and City ofTustin standards

Resolution No0540Page 13 of 27

1 j 37 The proposed private and public drainage collection systems shall bedesigned for a minimum 25year storm frequency and a 100year stormfrequency for regional facilities The applicant shall submit hydrologystudies for the existing and proposed drainage conditions for both the 25year and 100year storm events for the Citys and Countysreview andapproval and provide mitigation to maintain storm water discharges for theproposed condition that is consistent with the existing condition dischargesfar the site

1 38 A detailed hydrology and hydraulic analysis for 25year and 100yearstorm frequencies shall be provided for both the existing and proposedconditions to determine any requirements for onsite storm waterretentiondetention and facility sizing The applicant shall also be requiredto accept upstream storm water that would historically cross the propertyand detainretain an the property such upstream water so that the releaseof said water into downstream regional flood control systems does notexceed historical flaw rates or the downstream capacity of such systems

1 39 All proposed utilities and starm drain lines shall be labeled as being eitherprivate or public subject to approval by the Public Works Director andapplicable utility providers

1 310 The minimum grade on gutter flow lines shall be04 percent including theflow line grades in street tapers and horizontal curves Construction ofcatch basins storm drain laterals and junction structures shall be requiredto eliminate the need for cross gutters on public streets

1 311 Prior to issuance of an encroachment permit the applicant shall prepare asedimentation and erosion control plan for all work related to thisdevelopment

1 312 Preparation and submittal of a final grading plan shall be providedshowing all pertinent elevations as they pertain to the public rightofwayalong with delineating the following information

A Final street elevations atkey locationsB Final padfinished floor elevations and key elevations for all site grading as

established by the approved hydrology report and elevations provided bythe OCFCD andC All flood hazards of record

1 313 Prior to the recordation of the first final map the applicant shall berequired to enter into a landscape maintenance agreement with the City ofTustin for all parkway improvements within public rightofway alongEdinger Avenue West Connector Road Valencia North Loop Road andthe public portion of Severyns Road


1 314 In addition to the normal full size plan submittal process all finaldevelopment plans induding but not limited to tract maps parcel mapsrightofwaymaps records of survey public works improvements privateinfrastructure improvements final grading plans and site plans are alsorequired o be submitted to the Public Works DepartmenUEngineeringDivision in computer aided design and drafting CADD format Thestandard file format is AutoCAD Release 2004 having the extension DWGLikewise layering and linetype conventions are AutoCADbased latestversion available upon request from the Engineering Division In order tointerchangeably utilize the data contained in the infrastructure mappingsystem CADD drawings must be in AutoCAD DWG format ieproduced using AutoCAD or AutoCAD compatible CADD software Themost current version of AutoCAD is Release 2000 Drawings created inAutoCAD Release 2000 are compatible and acceptableThe CADD files shall be submitted to the City at the time the plans areapproved and updated CADD files reflecting the as built conditions shallbe submitted once all construction has been completed The subdivisionbands will not be released until the as built CADD files have beensubmitted

TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM

1 41 This Subdivision necessitates the construction of certain infrastructureimprovements as outlined in the Tustin Legacy Backbone InfrastructureProgram for the former MCAS Tustin The applicant shall fund its FairShare Contribution to the Tustin Legacy Backbone Infrastructure and shallprovide security satisfactory to the City to insure that the entire Fair ShareContribution is paid to the City including amounts due for the GovernmentParcels within the City of Irvine as required in the Cooperative Agreementbetween the City of Tustin and Marble Mountain Partners LLC datedFebruary 7 2005 Where the applicant is required to design and constructLegacy Backbone Infrastructure as a condition of approval the applicantshall be reimbursed pursuant to the cooperative agreement

1 42 The applicant shall design and construct the traffic signal at WestConnectorNalencia North Loop Road in the first phase of development ofTentative Tract Map 16581 Far all design and construction within thepublic rightofway separate plans shall be provided which include allplans and specifications and estimates necessary to conduct a public bidprocess

43 In the event that the February 7 2005 awaM of contract for theValenciaArmstrong project is set aside by a court of competentjurisdiction or the City is otherwise enjoined from performing that contractor the construction of backbone infrastructure containing water sewer or

Resolution Na0540Page 15of 27

other utilities the HBackbone Utilities necessary to serve the project isdelayed for these or other reasons such that the Backbone Utilities are notavailable at time of building permit issuance no building permit shall beissued unless OCFA approves an alternative for firefighting water untilsuch Backbone Utilities are available to the project In the event saidBackbone Utilities are not constructed because the award of contract forthe ValenciaArmstrong project is set aside by a court of competentjurisdiction or the City is otherwise enjoined from performing the contractthe developer may construct the Backbone Utilities subject to review andapproval of the Director of Public Works and Community DevelopmentDirector In any event no certificate of use or occupancy shall be issuedunless such Backbone utilities are available to the projectPRIVATE INTRACT IMPROVEMENTS

3 51 Prior to the issuance of precise grading permits infrastructure constructionplans as prepared by a California Registered Civil Engineer shall berequired for ail private onsite construction All design and construction ofimprovement work shall incorporate applicable conditions contained withinResolution No 3953 and shall be designed and performed in accordancewith the applicable portions of the City of TustinsGrading Manual andConstruction Standards far Private Streets Storm Drain and OnSitePrivate Improvements revised April 1989 or as subsequently amendedSaid plans shall include but not be limited to the followingA Curbs and gutters on all streetsB Sidewalks on all streets including curb ramps for the physically disabledall sidewalks pathways paseos and trails shall comply with theprovisions of the American with Disabilities ActC Drive aprons

D Signingstriping plan

E Street and drive aisle paving all private streetsreturn radius shall be consistent with the Citys designsstandards forprivate street improvements unless otherwise approved by the BuildingOfficial and all roadway and driveway widths and parking area widthsand lengths where appropriate shall be dimensioned on the plansF Catch basinstorm drain lateralsconnections to the public storm drainsystem with approval of the City of TustinG Domestic water facilities and reclaimed water facilities The domesticwater system shall be designed and installed to the standards of the frvine


Ranch Water District Improvement plans shall also be reviewed andapproved by the Orange County Fire Authority for fire protection purposesThe adequacy and reliability of the water system design and thedistribution of fire hydrants will be evaluated The water distributionsystem and appurtenances shall also conform to the applicable laws andadopted regulations enforced by the Orange County Health DepartmentAny required reclaimed water system shall meet the standards as requiredby the Irvine Ranch Water District IRWD

H Sanitary sewer facilities All sanitary sewer facilities must be submitted asrequired by the Building Official and IRWD These facilities shall beconsistent with the standards of the Irvine Ranch Water District

Underground utility connections All utility lines shall be placedunderground by the developer

J Fire hydrants

K Demolitionremoval of utilities in accordance with the demolitionseveranceplan as required herein

L Telecommunications facilities including but not limited to telephone andcable television facilities Developer is required to coordinate design andconstruction of cable television facilities with aCityfranchised systemoperator and shall not puce an undue burden upon said operator for theprovision of these facilities

3 52 Prior to the issuance of building permits construction plans as preparedby a California Registered Civil Engineer shall be required for thefollowing private improvements

A Street lighting The private street lighting s stem shall be reviewed andapproved by the City of Tustin and SouthemCatifomia Edison

B Landscapeirrigation

C Trash facilities The applicant shall provide commercial trash collectionand obtain approval from the Engineering Division for the location sizeand trash enclosures

1 53 All improvement work shall be performed in accordance with theapplicable portions of the City of Tustins Grading Manual andConstruction Standards for Private Streets Storm Drain and OnSitePrivate Improvements revised April 1989

Resolution No0540

Page 17 of 2T

COQRDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES1 61 The applicant shall obtain permission from and coordinate with affectedproperty owners jurisdictions and resource agencies for all public andprivate improvements Including but not limited to the following

A Prior to any work in the public rightofway an Encroachment Permit shallbe obtained and applicable fees paid to the Public Works DepartmentB The applicant shall obtain permission from affected property owners for

any work located on adjacent properties or on LIFOC parcels includingthe property awned by the Department of NavyC The applicant shall obtain all approvals and permits from the applicableproperty owners and agencies for work within the City limits

D The applicant shall coordinate the design and construction of the bus stoplocations with the Orange County Transportation AuthorityE The applicant shall obtain written approval andlor permits from theapplicable utility companies

F The applicant shall obtain permission from property owners for any worklocated on adjacent properties

CONSTRUCTION

1 71 Any damage done to existing street improvements and utilities shall berepaired before acceptance of the tract within the subdivision to thesatisfaction of the City Engineer

1 72 The applicant shall comply with all waste diversion requirements The Cityof Tustin is required to comply with the recycling requirements containedin the California Integrated Waste Management Act of 1989 To facilitateCity compliance with this law the applicant is required to comply withSection 4327 of the Tustin City Code which details the requirements fordeveloping and implementing a Waste Management Plan

GRANTS IN FEE AND DEDICATIONS

1 81 The applicant and subdivider shall satisfy dedication andor reservationrequirements as applicable including but not limited to dedication of partsof Severyns Road and West Connector Road traffic signal equipment andmaintenance easements of Valencia North Loop RoadlLot P and WestConnector RoadlLot T drainage and flood control rightofway easementsfor acceptance and conveyance of existing flows from the adjacentResolution No0540Page 18 of2T

business park westerly of Planning Area 4 pedestrian and vehicularaccess rights utility easements and public parks defined and approved asto specific locations by the City Engineer and other agencies fvr thisproject Reciprocal ingress egress parking utility and pedestrian accesseasements may need to be provided between and across certain privatelyown and maintained lots and within the lettered lots1 82 The applicant shall identify the easements for public use of privatelyowned parks and related public access easements on the final map

1 83 The applicant shall dedicate in fee title to the City of Tustin portions ofSeveryns Road for public roadways and utility purposes as shown an theTentative Tract Map 16581

1 84 All dedication andlor offers of dedication shall also state that the City ofTustin shall be permitted to obtain at no cost arightofentry andtemporary construction easement for all ansite joins when the ultimatestreet improvements are constructed The rightofentry and temporaryconstruction easement shall terminate on the date that the Notice ofCompletion is recorded at the Orange County Recordersoffice

1 85 The applicant shall provide an ingressegress easement on lots P TR Uand X for Department of Navy to access IRP16

1 86 The applicant shall dedicate public access and maintenance easements tothe City of Tustin fra sidewalk along Valencia North Loop Road and WestConnector Road

CCRS

1 91 All organizational documents for the project including any covenantsconditions and restrictions CCRs shall be submitted to and approvedby the Community Development Department City AttorneysOffice andSpecial Counsel Costs for such review shall be borne by the subdividerThe approved CCRsshall be recorded with County RecordersOffice atthe same time as recordation of the final map A copy of the finaldocuments shall be submitted to the Community DevelopmentDepartment after recordation

No dwelling unit in the development shall be sold or a Certificate ofOccupancy issued unless a homeowners association has been legallyformed with the right to assess all these properties which are jointly ownedor benefited to operate and maintain all other mutually available featuresof the development including but not limited to open space amenitieslandscaping or slope maintenance landscaping private streets andutilities No dwelling unit shall be sold unless all approved and requiredopen space amenities landscaping or other improvements or approved

Resolution No0540

Page 1 S of27

phases thereof have been completed or completion is assured by adevelopment agreement or financing guarantee method approved by theCity The CCRs shall include but not be imited to the followingprovisions

A The City shall be included as a parry to the CCRs for enforcementpurposes of those CCR provisions in which the City has interest asreflected in the following provisions However the City shall not beobligated to enforce the CCRs

B The requirement that association bylaws be established

C Provisions far effective establishment operation management userepair and maintenance of all common areas and facilities includingrecreational buildings and amenities landscaped areas and lots walls andfences private roadwaysie walks sidewalks trails parkland facilitiesand bikeways and open space areas

D Membership in the homeowners association shall be inseparable fromownership in individual units

E Architectural controls shall be provided and may include but not be limitedto provisions regulating exterior finishes roof materials fences and wallsaccessory structures such as patios sunshades trellises gazebosawnings exterior mechanical equipment television and radio antennaconsistent with the Tustin City Code and the MCAS Tustin Specific PlanF Maintenance standards shall be provided for applicable items listed inSection C above in CCRs Examples of maintenance standards areshown below

1 All common area landscaping and private areas visible from anypublic way shalt be properly maintained such that they are evenly cutevenly edged free of bare or brown spots debris and weeds All treesand shrubs shall be trimmed so they do not impede vehicular orpedestrian traffic Trees shall be pruned so they do not Intrude intoneighboring properties and shall be maintained so they do not havedroppings or create other nuisances to neighboring properties All treesshall also be root pruned to eliminate exposed surface roots and damageto sidewalks driveways and structures

2 All private roadways sidewalks and open space areas shall bemaintained so that they are safe for users Significant pavement crackspavement distress excessive slab settlement abrupt vertical variationsand debris on travel ways should be removed or repaired promptly


3 Common areas shall be maintained in such a manner as to avoidthe reasonable determination of a duly authorized official of the City that apublic nuisance has been created by the absence of adequatemaintenance such as to be detrimental to public health safety or generalwelfare

G Homeowners association approval of exterior improvements requiring abuilding permit shall be obtained prior to requesting a building permit fromthe City of Tustin Community Development Department All plans forexterior improvements shall conform to requirements set forth by the Cityand the CCBRs

H Private open space areas within the common area shall be illustrated on aPrivate Open Space Exhibit and shall be made part of the CCBRs andshall specify those portions of the common open space area that areallocated for private use and public use and access rights in perpetuityThe CCBRs shall include a separate 8iinch by 11 inch dimensioned siteplan for each unit that is allocated private open space

The approved site plan showing the public portion of the park site andassociated public easements that will be accessible to the public andprovisions for maintenance of these areas by the HomeownersAssociation

J The approved Parking and Circulation Exhibit shall be made part of theCCBRs and shall be enforced by the homeowners association In additionto the exhibit provisions regarding parking shall be included in theCCBRs including the following

1 All units are required to maintain the required number of garagespaces based on Table 34of MCAS Tustin Specific Plan

2 A minimum of 562 unassigned guest parking spaces shall bepermanently maintained in locations shown on the Parking andCirculation Exhibit and have a minimum length of twentytwo22 feet perstall for on street parking

3 Residents shall not store or park any nonmotorized vehiclestrailers or motorized vehicles that exceed 7 feet high 7 feet wide and 19feet long in any parking space driveway or private street area except forthe purpose of loading unloading making deliveries or emergency repairsexcept that the homeowners association may adopt rules and regulationsto authorize exceptions

Residents shall park vehicles in garage spaces Storage of


personal items may occur in the garages only to the extent that vehiclesmay still be parked within the required garage spaces

5 The homeowners association shall be responsible far monitoringand enforcing all parking and traffic regulations on private streets Theproposed CCRs shall include provisions requiring the association todevelop and adopt an enforcement program for parking and trafficregulations within the development which may include measures for fireaccess and enforcement by a private security companyK Provisions for enforcing individual trash bin placement at designated curbareas as shown on the approved Curbside Trash Pickup Exhibit noearlier than noon on the day before scheduled collections and removedwithin twelve 12 hours of collection

L Maintenance of lettered and numbered Lots including but not limited toLots 264 265 297 335 and 369 Lots Am PuXYCACFDADJ FAFD AAARBABC EAEG GAGH HAHO toILAAAAAJ BBABAFBBABBZ CCACCO DAA DDADDZ containing all common areaspublic and private park areas streets alleys paseos etc shall be by thehomeowners association

M Television and radio antennas shall be installed in accordance with therequirements of the Tustin City Code

N Atl utility services serving the site shall be installed and maintainedunderground

O The homeowners association shall be required to file the namesaddresses and telephone numbers of at least one member of thehomeowners association Board and where applicable a manager of theproject before January 1st of each year with the City of Tustin CommunityDevelopment Department for the purpose of contacting the association inthe case of emergency or in those cases where the City has an interest inCCRviolations

P The homeowners association shall be responsible for establishing andfollowing procedures for providing access to public utilities formaintenance of their facilities within the project area subject to thoseagencies approval

Q No amendment to alter modify terminate or change the homeownersassociationsobligation to maintain the common areas and the projectperimeter wall or other CCRprovisions in which the City has an interestas noted above or to alter modify terminate or change the Citys right toenforce maintenance of the common areas and maintenance of the


project perimeter wall shall be permitted without the prior written approvalof the City of Tustin Community Development DepartmentR No delivery and or moving trucks larger than 40 feet shall be permitted onthe private drives of the condominium projects with less than 25 footradius turns

HOMEBUYER NOTIFICATION

1 101 Prior to recordation of the final map the subdivider shall submit to theCommunity Development Department for review and approval ahomebuyer notification document that includes the notifications listedbelow The notification document shall be signed by each homebuyerprior to final inspection and occupancy and a copy of the signednotification shall be provided to the Community Development Departmentprior to final inspection andor issuance of each Certificate of Occupancy

A A notice for roadway trail and train noise that may impact the subdivisionincluding roadway noise associated with Edinger Avenue North LoopRaad West Connector Road and train noise associated with the railcorridor north of the project The notice shall indicate the current numberof trains per day 59 and the estimated to increase toover 100 trains on a24 hour basis by the year 2020 The notice shall indicate that additionalbuilding upgrades may be necessary for noise attenuation Thisdetermination is to be made as architectural drawings become availableandorwhere fieldtesting determines inadequate noise insulation

B A notice to be reviewed by the City of Tustin and the Tustin UnifiedSchool District regarding the location of existing and proposedelementary middle and high schools which will serve the subdivision textand map and advice to homebuyers that proposed school sites maynever be constructed

C A notice regarding units that are adjacent to aboveground utilities arstructures such as light standards and fire hydrants identifying the typeof structure and their locations

D A notice indicating that any use of a residence for a business shall besubject to the Citys Home Occupation Ordinance and may require zoningclearance and a business license

E A notice indicating that public use of a minimum one 1 acre or moreportion of the park site to be maintained by the homeowners associationwill be allowed and noting public ingress and egress through thesubdivision will be provided for access to the park

Resolution No0540

Page 23 of27

F A notice explaining the easements facilities amenities and dedicationsthat will be provided on lettered lots and indicating all onsite streetsalleys paseos and common areas are to be maintained by thehomeowners association

G A notice to be approved by the City Attorney indicating that neither thesite nor the project nor any part thereof any street or sidewalk alleywayor paseo thereon shall be privately gated provided however that anyswimming pool andor spa facility within the common area and any indoorcommon area improvements including any clubhouse and bathroomsmay be gated or locked and made available solely to residents of theproject and their guests

H A notice stating that all development within the site is approved forownership tenure only per Chapter393J5 of the MCAS Tustin SpecificPlan

A notice stating trash bins shall be placed in designated curb areas asshown on the approved Curbside Trash Pickup Exhibit no earlier thannoon on the day before scheduled collections and removed within twelve12 hours of collection

J A notice indicating that surrounding properties may be developed inaccordance with City ordinances in a manner which may partially or totallyobstruct views from the owners unit and that the City of Tustin makes noclaim warranty orguarantee that views from any unit will be preserved asdevelopment of surrounding properties occurs

K A notice indicating the minimum building setbacks and that construction ofpatio covers trellises etc may not be allowed

L A notice explaining and providing a copy of a Private Open SpaceExhibit and separate 8 inch by 11 inch dimensioned site plan for eachunit that is allocated private open space within the common area

M A notice explaining and providing a copy of the approved Parking andCirculation Exhibit and related CCRprovisions

N A notice explaining that 241 affordable housing units will be dispersedthroughout the site These units will remain affordable for a period of fortyfive 45 years or longer

O A notice explaining the phasing of construction within the subdivision andthat activity may be disruptive

P The developer shall notify all homebuyers that future


AssessmentMaintenance Districts may affect the propertyQ The project is located adjacent to a future fire station site at the southwestcorner of Edinger Avenue and West Connector Road that will be operating24 hours

ENVIRONMENTAL MITIGATION

1 111 All mitigation measures related to the tentative tract map required by theadopted Mitigation Monitoring Program for the MCAS Tustin ReusePlanSpecific Plan FEISEIR that are required by the Mitigation MonitoringProgram for the project identified in this exhibit and in other projectentitlements shall be implemented1 112 As part of the final design process and to comply with the Final EIREISrequirements far the Disposal and Reuse of MCAS Tustin the applicantshall submit detailed hydrology calculations of 100year storm events farthe existing preproject condition and for the project condition As part ofthe study the projects contribution to the overall increase in stormwaterrunoff from the redevelopment of MCAS Tustin shall be estimated and thepotential design and construction casts to mitigate the increase stormwater discharge contribution from the project shall be determined

PARKS AND RECREATION

1 121 The applicant shall at its sole cost and expense comply with the QuimbyAct California Government Code Section 66477 and shall as a conditionprecedent to issuance of building permits for the vertical improvements orany portion thereof DevelopersQuimby Act fee obligations shall be inthe amount of a cash payment for the net required parkland requirementsin the tract equal to a net acreage of 320 acres or as adjusted byapproved final map times an appraised value of land for the tract asapproved by the City pursuant to City Code Section 27and31118 of theMCAS Tustin Specific Plan minus the improvement cost for thedevelopment ofonsite private parkland approved for parkland credit in anamount based on improvement plans and cost approved in writing by theDirector of Parks and Recreation Department not to exceed 675000 peracre In order to secure developersobligations pursuant to the QuimbyAct developer shall be required to post a performance bond complyingwith City Code Section 9931d in favor of the City with the Surety in aform and substance acceptable to the City Attorney equal to total of883acres times an appraised value of land in the tract as approved by the Citypursuant to City Code Section 9931d which performance bond shall bedecreased upon compliance by the applicant with the provlslons ofclauses A and B below

Resolution NoOS40Page 25 at27

A As part of the initial phase of the project and concurrently with constructionof the required horizontal improvements and as part of the common areaimprovements the applicant shall construct within the common areacertain contiguous landscaped open space facilities of not less than oneacre in area in the location as depicted on the preliminary plan and theapproved project plans and including improvements as required by theTustin Code to quality for Quimby Fee waiver park facilities that shall beopen and accessible to the public Upon completion of the park facilitiesand as a condition precedent to issuance of any partial or final certificateof compliance the developer shalt execute and record a perpetualeasement or other dedication agreement in favor of the City and itssuccessors and assigns inform and subject acceptable to the City in itssole discretion upon final map and the acceptance of conditionscovenants and restrictions CC8Rs for the benefit of the public providingin perpetuity and at no cost to the Cityi the right of the public to accessand use the Park Facilities ii public access to and from said ParkFacilities along and across public and private streets within the site andlif maintenance of the Park Facilities by the Developer and its successorand assigns in each case subject only to reasonable and nondiscriminatory rules and regulations Upon x completion of suchRegulations applicable thereto and y recordation of an easement ordedication agreement approved by the City the City shall provide a creditto the developer against its obligation to pay Quimby Act Fees in theamount of366acres times an appraised value of the land for the tract

B Waiver for Affordable Housing The developer shall receive a creditagainst Quimby Act fees otherwise due and payable by it as permitted bythe City Code Section 9931 in connection with construction of not toexceed 241 Affordable Housing Units in this tract in an amount not toexceed 197 acres times an appraised value of land provided howeverthat the benefit of such waiver shall apply with respect to each AffordableHousing Unit only upon Completion of all Affordable Housing Units in thePhase in which such Unit is located

1 122 The Developer shall accommodate at various locations on the DeveloperParcel as approved by Community Development pedestrian and bicycleconnections to the regional bike trail to be constructed in the future alongEdinger Avenue Valencia Avenue and the West Connector and Class IIbicycle trails as depicted on the Preliminary Plan The final tract map shallinclude a perpetual easement in favor of the City its successors andassigns in form and substance acceptable to the City in its sole discretionand at no cost to the City providing pedestrian and bicycle access to thepublic upon and across the full length of any foregoing pedestrian andbicycle connections on the Developer Parcel as they connect to adjoiningbike paths Notwithstanding the foregoing the Developer and itssuccessors and assigns shall retain responsibility for maintenance and

Resolution No0540

Page 26 of 27

repair of the foregoing pedestrian and bicycle connections constructed onthe Developer Parcel

FEES

1 131 The applicant shall submit to the City of Tustin any additional CCRReview fee required at the time of submittal The CCR Review feeIncludes one initial check and recheck of the document If subsequentreview is required an hourly fee of 150 per hour or rate in effect at thetime of submittal for the City Attorney and 50 per hour or rate in effectat the time of submittal for the Planning Staff is required

1 132 Prior to issuance of the first building permit the subdivider shall submit inlieu parkland dedication fees in an amount and form as required by theDirector of the Parks and Recreation Department

1 133 The applicant shall submit all fees required by the City and other agenciesas identified in Planning Commission Resolution No 3953


RESOLUTION NO 0617

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFTUSTIN APPROVING FINAL TRACT MAP 16581 TOSUBDIVIDE 1055ACRES INTO 383 NUMBERED LOTSAND 192 LETTERED LOTS FOR DEVELOPMENT OF1077 RESIDENTIAL UNITS

The City Council ofthe City of Tustin does hereby resolve as follows

The City Council finds and determines as follows

A Final Tract Map 16581 was submitted by Moffett Meadows Partners LLCrequesting subdivision of a 1055 acre site into 383 numbered Lots and192 lettered lots for developing 1077 residential units within PlanningAreas 4 and 5 of the MCAS Tustin Specific PlanB The Planning Commission recommended that the City Council approveTentative Tract 16581 on February 14 2Q05 and the City Councilapproved Tentative Tract 16581 on February222005C The City Engineer has determined that Final Map 16581 is in substantialconformance with the requirements of the Tustin General Plan MCASTustin Specific Plan State Subdivision Map Act the Citys SubdivisionCode and has been determined to be consistent with the Air QuaEity SubElement

D The site is located in Planning Areas 4 and 5 of the MCAS Tustin SpecificPlan which is designated for Low Density and Medium DensityResidential use

E The City Council finds that requiring the developer to include a separateexhibit for each unit that is allocated private open space in the homebuyernotification is in substantial compliance with Condition 91 H ofResolution No 0540 of Tentative Map approval

F Final subdivision maps are statutorily exempt pursuant to Section 15268of California Code of Regulations Title 14 and the City Council hasadopted Resolution No 0538 finding that the potential environmentalimpacts of Tentative Tract Map 16581 have been adequately addressedwith FEISEIR for the MCAS Tustin Reuse Plan and Specific Plan11 The City Council hereby approves Final Tract Map 16581 for the subdivision of a1055acre site into 383 numbered lots and 192 lettered lots for development of 1077residential units subject to final approval by the City Engineer prior to recordation


PASSED AND ADOPTED at a regular meeting ofthe City Council of the City ofTustin held on the 6 day of February 2006

ATTEST

PA LASlQKERCity Clerk


I Pamela Stoker City Clerk and exofficio Clerk of the City Council of the City of TustinCalifornia do hereby certify that the whole number of the members of the City Council ofthe City of Tustin is five that the above and foregoing Resolution No 0617 was dulypassed and adopted at a regular meeting of the Tustin City Council held on the 6 day ofFebruary 2006 by the following vote

COUNCILMEMBER AYES DAVERT HAGEN AMANTE BONE KAWASHIMA 5COUNCILMEMBER NOESCOUNCILMEMBER ABSTAINED rnNF

COUNCILMEMBER ABSENT NONEo

PA IELA STOKEGity Clerk


ORDINANCE NO 1297

AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF TUSTIN ADOPTING ZONE CHANGE 04003 TOPERMIT THE DEVELOPMENT OF DETACHED CARRIAGEWAY SINGLE FAMILY DWELLING UNITS IN PLANNINGAREAS 4 AND 5 AND ESTABLISH RELATEDDEVELOPMENT STANDARDS AND AMEND THEREQUIREMENT FOR A 10ACRE MINIMUMDEVELOPMENT SITE FOR CONDOMINIUMS ANDMULTIPLE FAMILY DWELLINGS IN MCAS TUSTINPLANNING AREA 4

The City Council of the City of Tustin does hereby resolve as foAows

tion 1 FINDINGS

The City Council finds and determines as follows

A That Moffett Meadows Partners LLC submitted a proper application forSpecific Plan AmendmentZoneChange 04003 to allow development ofdetached carriage way single family dwelling units within Planning Areas 4and 5 for the purpose of providing an altemative to the traditional singlefamily detached product without compromising the density anddevelopment standards for single family residences and to allowdevelopment of condominium projects on development sites that are lessthan ten 10 acres

B That a public hearing was duly called noticed and held on saidapplication on January 24 2005 and continued to February 14 2105 bythe Planning Commission

C That a public hearing was duly called noticed and held on saidapplication on February 7 2005 and continued to February 22 2005 bythe City Council

D That Zone Change 04003 would apply to Planning Areas 4 and 5 of theMCAS Tustin Specific Plan within the City of Tustin

E That the MCAS Tustin Specfic Plan does not set forth standards forcarriage way units and the standards for carriage way units are proposedas an altemative to the traditional single family detached product and areaccessed from a rear alley instead of a street which provides fora neotraditiona streetscape of residences with garages to the rear of theresidences These types of single family detached units should be permitted

Ordnance No 1297Page 1 of 24

within Planning Areas 4 and 5 since the development standards would beidentical to those for single family detached units with the exception of theminimum rear yard setback which would be reduced from ten 10 feet toseven 7 feet for living space and three 3 feet for garage space sinceaccess to the garage for these units would be located at the rear of theproperty

F Tha the MCAS Tustin Speck Plan sets forth a minimum developmentsite size of ten 10 acres for condominiums and multiple family dwellingsHowever it is appropriate to allow condominiums and multiple familydevelopments to contain numerous lots or sites and be designated as adevelopment unit on a tentative map with a minimum development unitsize of eight 8 acres A development unit as defined by the MCASTustin Specific Plan consists of all building sites their private open spacecommon recreation and open space areas and public andor privatestreets serving the project A minimum of eight 8acres in a developmentunit would ensure that these types of products are located indevelopments of substantial size and will result in orderly rather thanfragmented development

G The proposed zone change supports and is consistent with the TustinGeneral Plan The Land Use Element includes the Citys goals andpolicies for the longterm growth development and revitalization of TustinBased on the summary of issues needs opportunities and constraintsdescribed in the Tustin Land Use Element ten goals are idented whichinclude the following

1 Achieve balanced development2 Ensure that compatible and complementary development occurs3 Revitalize older commercial industrial and residential

development4 Improve Citywide urban design5 Promote economic expansion and diversificationti Coordinate development with provision of adequate public facilities

and services7 Implement a reuse plan for MCAS Tustin which maximizes the

appeal of the site as a mixeduse master planned developmentThese goals establish the framework for policies related to allocation ofland use in the Clty and the implementation policies reflect the directionand image the City seeks for the future The proposed Zone Changesupports several General Plan goals and policies including the following1 The project will Implement policies under the goal to achievebalanced development including

Ordinance No 1297Page 2 of 24

a Palicy 110 Ensure that the distribution and intensity ofland uses are consistent with the Land Use Plan andclassification system

b Policy 62 Encourage and promote high quality design andphysical appearance in all development projects

c Policy 64 Preserve and enhance the Citys Specialresidential character and small town quality by encouragingand maintaining Tustins law density residentialneighborhoods through enforcement of existing land use andproperty development standards and the harmoniousblending of buildings and landscape

2 The project will implement policies under the goals and policies forfuture development of MCAS Tustin Specific Plan includinga Policy 132 Encourage a development pattern that offers a

connectedness between buildings and uses and has astrong sense of place through architectural styles andcreative landscape design

b Policy 135 Promote high quality architecture landscapingsignage open space design circulation patterns andlandscape patterns distinct from surrounding areas

Section 2 The City Council hereby adopts Zone Change MCAS Tustin SpecificPlan Amendment 04003 Zone Change to amend Sections 342and 343of theMCAS Tustin Speck Plan to establish new development standards for carriage wayunits in Planning Areas 4 and 5 and minimum development site for condominium unitsin Planning Area 4 of MCAS Tustin Specific Plan

Section 3 SEVERABILITY

All of the provisions of this ordinance shall be construed together to accomplish thepurpose of the regulations If any provision of this part is held by a court to be invalid orunconstitutional such invalidity or unconstitutionality shall apply only to the particularfacts or if a provision is declared to be invalid or unconstitutional as applied to all factsall of the remaining provisions of this ordinance shall continue to be fully effective

PASSED AND ADOPTED by the City Council of the Ciy of Tustin ata regularmeeting on the 7th day of March 2005

LOU BONEMayor

Ordinance No 1297

Page 3 of 24

ATTEST

PA TOKER

City clerk


I Pamela Stoker City Clerk of the City of Tustin Califamia hereby certify that theforegoing is a fu11 true and correct copy of the Ordinance introduced at a regularmeeting of the City Council of the City of Tustin duly held on February 22 2005 ofwhich meeting all of the members of said City Council had due notice and at which amajority thereof were present and was finally passed and adopted not less than fivedays thereafter on March 7 2005 by the following vote

COUNCILMEMBER AYESCOUNCILMEMBER NOESCOUNCILMEMBER ABSTAINEDCOUNCILMEMBER ABSENT

BONE DAVERT AMANTE HAGEN KAWASHIMA SNONE

NONE pNONE o

PAM TOKECity Clerk


EXHIBIT A

Ordinance No 1297

Page 5 of 24

EXHIBIT A TOORDINANCE NO 1287

ZONE CHANGE04003The following changes tothe MCAS Tustin Specific Plan shown in underlined textrepresent the proposed amendment in Zone Change04003

311 Planning Area4 Low Density ResidentialA PernMitted and Conditioaally Permitted Uses

The followinguses shall be permitted by right where the symbol P occurs or byconditional use permit where the symbol C occurs

Community care facilities for six or fewer persons PCondominiums and cooperatives pFamily carehome foster home orgroup home for six or Pfewer personsLarge family day care for sewn to twelve children on Psingle family detached lots in accordance with the TustinCity Code

Multiplefamilydwelling units apartments in Caccordance with tenure provisions in Section342GResidential care facility for elderly for six or fewer pPersons

Singlefamilyattached dwelling units and duplexes pSinglefamily detached dwelling units pSingle family detachedeTMaae wav niSmall family day carefor less than seven children on

EP

single family detached lots

B Accessory Uaea and Structures

Accessory uses and structures aze permitted when customarily associated with andsubordinate to apermitted use on the same site and wouldinclude

CarportsGaragesHome occupations subject to provisions ofthe City CodePatio coverstrelliscsSwimming pools spasJacuzzisTennis courts basketball courts and othermultipurposecourts recreation and community buildings

C Unlisted Uses

Those uses not specifically listed arc subject to a determination by theCommunity Development Director as either permitted permitted subject to aconditional use permit or prohibited consistent with the purpose of the land

Ordinance No 1297

Page 6 of 24

designation of this planning area and the Specific Plan Decisions ofthe Directorare appealable to the Planning Commission

D Site Development 3tandarda Single Family Detached

1 Maximum dwelling units 7 dwelling touts per acre

2 Mtnimtun lot area 3000 square feet3 Miniatum lotwidth 35 feet4 Maximum building height 35 feet5 Maximum lot coverage SO percent of lot area Covered areas shall

include all areas under roof except trellis areas roof overhangs andcovered porches outside the exteriorwall

6 Minimum building sctbacksla Edinger Avenue 40 feetb Local public street 10feetc Private street orprivate drive S feetd Interior side yard 3 feet minimum with aggregate requirement of 10 feet

for both side yardse Rearyard 10 feet7 Landscape setbacksa Edinger Avenue 30 feet8 Landscapinga Areas not devoted to buildings parking areas hardseape and roads shalt

be landscapedb Compliance with the City ofTustin Landscape and Irrigation Guidelinesc Compliance with the Landscape Design Guidelines in Section 217of this

Specific Plan9 Bicycle and pedestrian circulation facilities shall provide connections

within the Planning Area to adjacent Planning Auras and to citywidebicycle trails where applicable

10 Fences and Wallsa Compliance with General Regulations Section311b A masonry block wall shall be maintained andor constructed along the

western perimeter of the Plamling Area in accordance with the GeneralDevelopment Regulations

11 Other General Development Regulations refer to Secfion 311 as

applicable12 Signage refer to Section312as applicableI3 Offstreet parking refer to Section 3l3 as applicable

Landscape setbacks areaeasarod tirom the back of the ourb and arc a cornbhtatioa ofparkway sidewalk andplaatlnQ sreas BuitdinQ setbacks arc meastiued from future rightofwayNonconforming iacdscepe andbuilding setbaclw willbe permitted to rcauin to accommodate pustiAg walls or bulldtngs not infuure riehtofway

Ordinance No 1297

Page 7 of24

E Site Development Standards CarNage Way Units

1th Sides Of hP c t IPavDons ofthe apt with a Garage rhtrio hp

tsot the residence and kPC ArPe two wa lieu that aLuttuftweniytour14f rwiP

1 Maximum dwellingunits 7 dwelling nit aCiy2 MirLmun lotapJa 0 f

3 Mu1miimlot width Sf4 Mtrum building heit6t 35 feet5 Maximurn lot cove ae SO txxcenr of

relude all was under roof ex PrrpuQpaao c

covered porches outsidethecteriora116 rltmurn buildintrertAve

a EJ12er Avenue 40 feetb dalpublic street 10 feetG Private street ornrivatP 5 feet ffropt y 11d Intenor side yard 3 feetninmL with aQgregarIemen10 feet for both side yardse gyard 3 feet for onna1ta c

idtnlivingaPas about g taut

hdin to buitdin tback 30 feet minim appiP nt c

7 Idscape setbackSa Edinger Avoaue 30 feet

8 Ldsca itt

a was not devoted to btId parking ar a battle ndroads sh911 be IncnrPi

b Compliance with trhe ity of Tustin nc4nP8ul

c Compliance with the LAndSCape Design uirllsPQ in a 7ofthrsSecificPlans

9 Bicycle and pedestrian circulation facilities chart Qioride connPrttonso recent nnina and to ct nbicycle trails where apple 9hiP

10 Fences and Wallsa Comoliaztce with General Regulations action 3 I 1b A masonry block wall vhall be mein sin

1411t1e western e m P

andor co inrrPrlpetrof the Plannin A1ea in arrnrrlanr

with the General DevelopmetRlatrotssetbacksnemeasured nmthe bade of the etub and aroa combination ofparkwaysidewalk and pleating areas tiuiWing setbacks are measured from f4tttre rightofway Nonconforming landscape and bulldin8 setbacks will be permitted to remain to accommodateexiscin8 walls orbuildings not in ILtureri8htofway

Ordinance No 1297Page 8 Of 24

11 domes thatsidconto a local road shall incoroorate c tecturalCnhancerrlents on thesidc Andfrnt view ofthe tutit s seen frnn the Inro1tom

12 rnd units aminimer bank uo ice oft1i31 feet n addition tnjwtdth ofthe dove approach

13 Other Cleneta DevelopgetRegulations refer to S on 31l asaunldcable

14 Sianage reftqSoctipn 1 ni Able1 S Offstreet narking refer to cnrti 2 t z aoteatcnv

to ed

F Site Development Stttndarda SinIeFamily Attachedl Maximum dwelling units 7 dwelling unitsper acre2 Minimum lot area per family tout 3000 square feet3 Minimum lotwidth no minimum4 Maximtun btulding height 35 feet5 Maximum lot coverage 100 percent less required setbacks

and open space areas

6 Common open space 400 square feet per dwelling toutlocated within common designated recreational areas Privateattached ground level patios may be credited if open on threesides Areas not available for open space credit include allstructures streets driveways landscape setbacks and parkinglots

7 Private outdoor open space minimum private outdoor openspace shall be increased to 400 square feet for existing units

8 Minimum gross floor area per dwelling unit excluding thegaragea Bachelor 450 square feetb 1 Bedroom 550 square feetc 1 Bedroom with den 700 square feetd 2 Bedrooms 750 square feete 2 Bedrooms ormore with den 900 square feet

9 Minimum building setbacksa Edinger Avenue 40 feetb Local public strcet 10 feetc Private street orprivate drive 5 feetd Interior side yard 3 feet tninimtun with aggregae

regtrirement of10 feet for both sideyardse Rear yard 10feet

10 Landscape setbacks

Building scUsacks are oxesured from future rightofwayNonconfortnir ludscape andbuilding setbacks will be permitted to remain to accommodate existing walls a buildings notin frrtnre rightofwayLandscape setbacks aremeasured from the bank of the curb and area caanbitutioa ofparkwaysidewalk and planting areas Noncoafonniag landscape and building setbacks will bepermitted to remain in accommodateexiingwails orbuildings notin Uturacightafway


a Edinger Avenue 30 feetI1 Landscaping

a Areas not devoted to buildings parking areas 6ardscapeand roads shall be landscapedb Compliance with the City of Tustin Landscape and

Irrigation Guidelinese Compliance with the Landscape Iksign Guidelines in

Section217 ofthis Specific Plan12 Bicycle and pedestrian circulation facilities shall providecoruections within the Planning Area to adjacent PlanningAreas and to citywide bicycle trails where applicable13 Fences and Walls

a Compliance with General Regulations Section 3 t1b A masonry block wall shall be maintained andor

constructed along the wastem perimeter of the PlanningArea in accordance with the Genera DevelopmentRegulations

14 Other Genera Development Regulations refer to Section 311as applicable

15 Signage refer to Section3I2e9 applicable16 Offstreet parking refer to Section313as applicableG Site Development Standards Condominiums rend MultipleFamily Dwellings

1 Maximum dwelling units 7 dwelling units per acre2 Minimum deVelOnment site 8acres minimum Irnel size3 Maximum bculdrng lurght 40 feet4 Maximum lot coverage 65 percent less the required buildingand landscape setbacks5 Common open space 400 square feet per dwelling unit

located within common designated recreational areas Privateattached ground level patios may be credited if open on threesides Areas not available for open space credit include allstructures streets driveways landscape setbacks and parkinglots

6 Private outdoor open space minimum private outdoor openspacx shall be increased to 400 square fed for existing unitsMinimum gross floor area per dwelling unit excluding thegaragea Bachelor 450 square feetb 1 Bedroom 550 square feetc 1 Bedroom with den 700square feetd 2Bedrooms 750 square feete 2 Bedrooms ormore with den 850 square feet

Ordinance No 1297Page 1l of 24

8 Minimum building setbackssa Edinger Avenue 40 feetb Local public sheet 10 feet

c Private street or private drive 5 feetd Interior side yard 3 fctminimum with aggregate

requirement of10 feet for both side yardsc Rear yard 10 feet

9 Landscape setbacksa EdingerAvenue 30 feet

10 Landscapinga Areas not devoted to buildings parking areas handscape

and roads shall be landscapedb Compliance with the City of Tustin Landscape and

Irrigation Guidelinesc Compliance with the Landscape Design Guidelines in

Section217 ofthis Specific Plan11 Bicycle and pedestrian circulation facilities shall provide

connections within the Planning Arca to adjacrnt PlanningAreas and to citywide bicycle trailswhere applicable

12 Fences and Wallsa Compliance with General Regulations Section311b A masonry block wall sha11 be maintained andlor

constructed along the western perimeter of the PlanningArea in accordance with the Genera DevelopmentRegulations

13 Other General Dcvtlopmcnt Regulations refer to Section 31las applicable

14 Signage refer to Section 3l2as applicable15 Offstreet parking refer to Section313as applicable

I3 Special Development or Reuse Requirements1 Concept plan approval shall be required for Planning Area 4

prior to reuse or development refer to Section 421 of thisSpecific Plan

2 Development unit Planning Area 4 shall be developed or

redeveloped as a single development unit3 Affordability The following minimum affordable housing

production objectives are intended to reflect the intention oftheCity to create a redevelopment project area CommunityRedevelopment Law section 33000 and as needed to meet

Regional Housing Allocation needs as identified in theHousing Ekmeni of the General Plan through the provision of

rraandscape setbacksare rtseasufed tYom tba back of the curb and ere a combination ofparkwaysidewalk and planting areas Building setbacks an roeaaued from fitture rightotway NonooafonninQ landscape and bulldutg setbacks will be permitted to remain to accommodateexiatinY wells orbuildings nain thture rightofway

Ordinance No 1297

Page 11 of24

housing for households at very low IoW and moderateincomes levels Specific housing requirements forredevelopmeat and Housing Element compliance will beestablished at the time of development project approval toensure tuuformity with the Housing Element of the GeneralPlan and other applicable provisions ofCaliforniaIaw and toachieve the following

a At least 15 ofunits for iniiia occupancy by very lowincome to moderate income households forredevclopcncnt with b or4ofunits affordable tovery low income households

b At least 38 additional units for occupancy by low incomehouseholdsc At least 15 additional units for occupancy by moderateincome householdsd Restricted affordable housing units shall be reasonablydispersed throughout the project and shall be compatiblewith the design and use of market rate units in

appearance use of materials and finished qualityRestneted units shall be affordable for at least theminimum period oftime required by state law or longerfreqmd by a construction or mortgage financingassistanceprogramc Prior to issuance ofa certificate of use and occupancy a

developer shall enter into a legally binding agreementwith the City of Tustin or its Redevelopment Agencyand agree to deed restrictions on targeted affordablehousing units that are binding on property upon sale ortransfer Said agreements shall address the following1 Number ofunits by type location bedroom count2 Standards for qualifying income and maximum

rents or asks prices3 Parties responsible for sales prices and incomesfl The City ofTustin reserves the right tonegotiate transferof adevelopersobligation pursuant to this sccbion ofTsite as a credit far affordable units which cannot be

reasonably feasible to provide onsite which shall be atthe Citys sole and absolute discretion To onsurecomparable equivalent value of an offsite option orexchange for not providing oasite affordable units afinancial affordability gap analysis will be conducted bythe City at developers cost to compare the value oftheoffsite option and the affordability gap cost ofprovidingonsite affordable housing


4 Tenure Reusedevelopment in Planning Arca 4 shall bepreferably ownership tenure Development of apartments is a

discretionary action requiring approval of a conditional use

permit Consideration of a conditional use permit shouldinclude the Cityspreference for ownership tenure and in anyevent nd more than 25 percent of the total number ofunitspermitted within the City ofTustin portion ofthe Specific Planmay be approved for apartments

5 Existing structures to be reused shall be brought intoconformance with applicable provisions of the UniformBuilding Code as amcndod by the City State of CaliforniaTitle 24 Access Compliance handicapped provisions andrequirements ofthe Americans with Disabilities Act ADA

6 Utility metering modifications andor provision ofindependentutility services shall be committed to by agreement between theCity of Tustin and those agencies receiving property in thePA 4 prior to use and occupancy of existing buildings andornew development Said agreement shall identify requiredcapitaUutfrastructure improvements and environmental impactreport mitigations

I Development or Reaae Galdellaes1 Existing housing units shall be aesthetically upgraded througharchitectural and landscape irnprovemcats to appear consistent

in quality with private market housing in the surroundingneighborhoods of Tustin and Irvine Such improvements shallbe completed prior to issuance ofuse and occupancy permitsThe improvements may include but are not limited to thefollowinga Upgraded facade treatments including use of plaster or

stucco wood siding brick stone and other approvedmaterials

b Upgraded windowtypes and treatmentsie tcunc Upgraded roofing materials and extension of roof

overhangsd Updated color scheme for buildings and wallse Enhancement ofprivate patios and balconiesfl UPg appearance of unit entrances including

doorways walkways decorative pavingg Improved landscape design of front yards and common

areas

h Consistent landscape treatment along focal roadsi Extensive planting oftrees andshrubs throughout the sitej Decorative treatmentofall exposed site wallsk Upgraded driveways


Decorative paving and other hardscape amenities forpedestrian paths in common areas

m improvements to common recreational areas includingprovision of shelters lighting and refurbishing offacilities

n Creation of project entryways through signage andlandscape designUpgraded aril consistent signage including projectidentification addressing and directional signsp Enhanced lighting scheme for units common areaspaths and parking areas

c Application of defcnsibte space techniques inlandscaping and lighting

2 The existing boundary wall along Edinger Avenue shall beaesthetically improved with stucco or other facade treatmentcolor and a decorative wal cap as shown in the examplebelow

ViNr

1CJIWO MAC LACINi AON1

3 in the event that iniill development shall occur the followingguidelines shall applya Consistency with scale massing and setbacks ofexistingstructures

b Compliance with reuse guidelines that pertain to thesurrounding structures

c Compliance with appropriate landscape and parkingstandards4 Demolition of stntctures may be as required by Tustin to be

undertaken under the following conditions 1 whereinformation determines the need for demoidon to etinunatepublic health and safety risks 2 to improve the appearance ofthe Planning Area 3 to accommodate the completion ofmajorroadway improvements and4 to properly implement the landuse intent ofthis Planning area


A summary of the key design guidelines for the Low DensityResidential Planning area is provided in Figure34

Ord9nance No 1297Page 15 of 24

a1 Planning Area SMedium Density ResidentialA Permitted anti ConditioaaliyPermitted Uses

The following uses shall be permitted by tyght where the symbol P occurs or byconditional use permit where the symbol Coccurs

Churches andother religious institutions CCommunity care facilities for six or fewer persons pCondominiums and cooperatives pConvalescent hospitalFanuly care home faster home orgroup home for six or Pfewer personaLarge fanuly day care for seven to twelve children on Psingly family detached lots in accordance with the TustinCity Code

Multiplefanilydwelling units apartments in Caccordance with tenure provisions in Section343HPatio homes

PPrivate school CPublicorprivate preschools CFire Station

PPublicprivate utilitybuilding facility CResidential careFacility for elderly for six or fewer Ppersons

Singlefamilyattached dwelling units and duplexes pSinglefamily detached dwelling unitsC i iW

parrae tcav n

Small family day care for less than seven children onPP

single family detached lots

B Accessary Uaea sad Structures

Accessory uses and structures are permitted when customarily associated with andsubordinate to a permitted use oa the same site and would include

CarportsGaragesHome occupations subject to provisionsofthe City CodePatiocoverstrelliscsSwimmingpools spasJacuzasTennis courts basketball courts and otharmultlpurposecourts recreation and community buildings

C Unlisted Uses

Those uses notspecifically listed are subject to a determination by the CommunityDevelopment Director as either permitted permitted subject to a conditional use

Ordinance Ito 1297Page 16of 24

permit or prohibited consistent with the purpose of the land designation of thisplanning area and flit Specific Plan Decisions of the Director are appealable to thePlarming Commission

D Site Development Standards Single Family Detached1 Maxirntrm dwelling traits 1 S dwelling units per acre2 Minimum lot area 3000 square fact3 Miaimtun Sot width 35 feet4 Maximum building height 35 feat5 Maximum lot coverage 50 percentoflot area Covered areas shall include allareas under roof except trellis areas roof overhangs and covered porchesoutside the exterior wall6 Minimum building setbacks

a North Loop Road 25 feetb West Connector 20 feetc Local publicstreet 10 feetd Private street orprivate drive 5 fate Interior side yard 3 feet minimum with aggregate requiremen of 10feet for both side yards

Rear yard 10 feet7 Landscape setbacks

a North Loop Road 30 feetb West Connector 20 fcet

8 Landscapinga Compliance with the CityofTustinLandscape and Irrigation Guidtlincsb Compliance with the Landscape Design Guidelines in Section 21 ofthis Specific Plan

9 Bicyeie and pedzstrisu circulation facilities shall provide connections withinthe Planning Area to adjacent Planning Areas and to citywide bicycle trailswhere applicable10 A corner triangularshaped setback of60 feet meswcdfrom the intersectionof the curb lints at North Loop Road and Armstrong Avenue shall beprovided for asecondary community intersection treatment sae Section217for landscape guidelines

1 l A portal intersection treatmextt shall be provided at Edinger Avenue and WestConnextorsee Section217for landscape guidelines12 Other General Development Regulations refer to Section311 as applicable13 Signagc refer to Section312as applicablel4 Offstreet parking refer to Section313as applicableE SiteDevelopment StandardsCarriage Way Units

Definition A tune ofsinele family detaclruet that c tnrgtnn a tntmurnrhstx36 foot wide vaved street vvt h ptrtm F oLbthe navel oortio of hr stre wi h afgethat is locatito the rear of the

Landscape setbecb are measured item the track of Ne curb and ue a cambituuion of parkway sidawalk endplanting areas NoncoafortniaQ landscape and buitag setbacks will be paTnittod to tannin to aacoatntodateexisting wails orbuildlags not in future rightofwayHuldia setyaeks annrwrod trom futurorightofway


iclcnce and takes access from a r twoway alley that is a minimum of twentyfour24fgtwtde

1 Maximum dWCllintr nn a 7rlwPllMn iacc2 Minimum lot area 3000 souljre feetfeet3 Minimum lot width 35 feet4 Maximut ldinuhei h 35 feet5 Maximum lot caveraae SO txnxnt of lob area Covered areas shall iaclideall

areas under roof except trelns areas roof overhan and covered ecIdethe exterior welt

6 Minimum building cetbaclca2a FingerAvenue 40feetb Local publicstrePt 1 nfa

c Private street orvrivate drive S feet front varril

d Interior side yard 3 feetminimttm agerwtewuirement ofQfeet for both sidevatse Rear yard 3 feet for7gP srui 7fP fnrISJtng including iiyng

arses above arage

hl Building to building aellr n fPPt Ih171iIIlUiry anulicable unitsIIftileBDasoolxn space

Ilattdscane setbacks4aliinaer Avenue 30 feetLands

b Areas not devoted to buildin 4 prgn ares ao d a d ushntl 1 n 8ted

c Compliance with the CttofTusttn rAQcane and Irrigation Quidelinesd Conmltance wrath he 1AndsC817e Design Gu2deLines in Sec trip 2 17 oftoeean

the Planning Aeato adiacent PlanntnAPSgAdtiir3ride bicSC1P traitswhere agDln 1

4 Fences and Wattsa Compliance with nerstRe tla tongSection311b masonry block w 11 chnlt ntntaiPri nRdor constrlted tau t hP

o inn g Area tt accordance ih the Gen 1DeveloentReulahons

ll Homes that sideon to a local road hat incomorate architechtralenhancements on the side and frontw ofthe Lnit aQ

tvaua uviuc 1V1

12 End units aminimum back un spa rofthree 3feet in ad o to h widthofthe tirtveDprOther t3eneral Develotmsent Regulations refer toStition3 1 l as annheable

4 Stgnage refertSctnon 312 as eDplicable

Lndscesetbacks ate measured flottt the back of the curb and arc a combination ofplaatinyamts Buildtny setbacb arentusured from fbtwe ot PaY sidewalk and

setbacks will be Y Nomconfotming landscape gad buildingpermitted to rerttain to aecotmuodate existing walla orbuildtegs not in tbturedgbtofway


15 Offstreet varkln refer to Sxtian 313 Q ArtAttto Situtlt FartilyDetached

F SIte Development 5tanclards Single Family Attachedl Maximum dwelling units 15dwelling units per acre2 Minimum lot area per family unit 3000 square feet3 Minimum lot width no minimum4 Maximum building height 35 feet5 Maximum lot coverage 100 percent less required setbacks and apen space

areas

6 Cotatmon open space 400 square feet per dwelling unit located withincommon designated recreational areas Private attached ground level patiosmay be credited if open on three sides Areas not available for open spacecredit include all structures streets driveways landscape setbacks andparking lots

7 Minimum gross floor area per dwelling unit excluding the garagea Bachelor 450 square feetb 1 Bedroom 550 square feetc 1 Bedroom with den 700 square feetd 2 Bedrooms 750 square feete 2 Bedrooms ormore with den 900 square feet

8 Minimum building setbacks3a North Loop Road 25 feetb West Connector 20 feetc Local public street 10feet

d Private street or private drive 5 feete Interior side yard 3 feet minimum with aggregate requirement of 10

feet for both side yardsf Rear yard 10fat

9 Landscape sctbacks4a North Loop Road 30 feetb West Connector 20 feet

10 Landscapinga Compliance with the City ofTustin Landscape and Irrigation Guidelinesb Compliance with the Landscape Design Guidelines in Section217 of

this Spxific Plan11 Bicycle and pedestrian circulation facilities shall provide connections within

the Planning Area to adjacent Planning Areas and to citywide bicycle trailswhere applicable

12 A corner triangularshaped setback of60 feet measured from the intersectionof the curb lines at North Loop Road and Armstrong Avenue shall be

Building setbacks era measured from titture rightofweyNonconforming landscape and building setbacks willbe permitkd to remain to accommodate dcisiing wails orbuildings notin futonrightafwayLandscape sdbacks ere measured from the back of the curb and are a oombinatlon of parkway sidewalk andplanting areas Nonconfomdng landscape end building setbadrs will ba peretitted to remain tosicommodatecxisNng walls orbuildings not infuturerightofway

Ordinance Na 1297Page 19of24

provided for a secondary community intersection treatment see Section 217for landscape guidelines

13 A portal intersection treatment shall be provided at Edinger Avenue and WestConnector sec Section 217 for landscape guidelines

14 Other General Development Regulations refer to Section311 as applicable15 Signage refer to Section3I2as applicable1 b Offstreet parking refer to Section313 as applicable

G Site DevelopmentStandards Condominiams and Multiple Family Dwellings1 Maximum dwelling units 15 dwelling units per acre2 Minimum lot area none refer to Section343G3 Maximum building height 40 feet4 Maximum tat coverage 65 percent less the required building and landscapesetbacks5 Common open space 400 square feet per dwelling unit located within

common designated recreational areas Private attached ground level patiosmay be credited if open an three sides Areas not available for open spacecredit include all structures streets driveways Landscape setbacks andparking Tots

b Minimum gross floorarea per dwelling unitexcluding the garagea Bachelor 450 square feetb 1 Bedroom 550square Feetc 1 Bedroom with den 700 square feetd 2 ledrooms 750 square feete 2 Bedrooms ormore with den 850 square feet

7 Minimum building setbacks S

a North Loop Road 25 feetb West Connector 20 feetc Local public street 10 feetd Privatestreet or private drive S feetc Interior side yard 3 feet minimum with aggregate requirement of 10

feet for bathsideyardsf Rear yard 10 feet

8 Landscape setbacksa North Loop Road 30 feetb West Connector 20 fcet

9 Landscapinga Compliance with the City ofTustin Landscape and Irrigation Guidelinesb Compliance with the Landscape Design Guidelines in Section 217 of

this Specific Plan10 Bicycle and pedestrian circulation facilities shall provide connections within


t Landscape sdbarJrs ate tneawrod from the back of the curb end are a wmbination ofpadcway sidewalk andplanting usas Buildingsetlmcks arameawusd from future rlahtofwayNonconforming landscape and buildingsetbacks wiU be pumitted W ranaintoaccommodate existing walls orbuildings notin lbturc rightwfway

Ordinance No129Page 20 of24

1 I A comertriangularsltaptxi setback ofti0 feet measured from the intersectionof the curb lines at North Loop Road and Armstrong Avenue shall beprovided for asecondary community intersection treatment see Section 217for landscape guidelines

i2 A portal intersection treatment shall be provided at Edinger Avenue and WestConnectorsec Section217 for landscape guidelines

13 Other General Development Regulations refer to Section 311 as applicable14 Signagc refer to Section312 as applicable15 Offstreet parking refer to Section313as applicable

H Site Development Standards Patio Homes1 Maximum dwelling units 15 dwelling units per acre

2 Minimum tot area Wont refer to Subsection343Hbelow3 Building site requirements patio home subdivisions shall be designated as a

development unit ona tentative map4 Maximum building height 35 feet5 Maximum lot coverage 100 percent less required building and landscapesetbacks6 Common open space 400 square feet per dwelling unit located within

common designated recreational areas A minunum of 150 square feet maybe for private use if located on ground level and open on three sides Areasnotavailable for open space credit include alt structures streets drivewayslandscape setbacks and parking lots

7 Minimum gross floor area per dwelling unit excluding the garage 900square feet

Maximum numberoffour bedroom units 30 percent9 Minimum building setbacksb

a North Loop Road 25 feetb West Connector 20 feetc Local public or private street The minimum building setback shall be

0 feet from apublic or private street An attached or detached garagemay be setback a minimum ofS feet from a public or private street Ifliving areas are provided above garages garage setbacks shall applyprovided that no more than 75 percent of the units along the street

frontage have living space aver a garage with less than a 10 footsetback Al units located along both sides of a street segment shall beincluded when calculating the above 7S portent determinationregardless ofwhether they front side or rear load on that section ofastreet A garage shall not be setback between 9 feet and 19 feet from therightofway line Garages setback 9 feet or less shall be equipped withan automatic garageopener

d Private drives and courts The minimum building setback shall be 7feet in a private court or on a private drive not located within a courtAn attached or detached garage may be setback a minimum of 3 feet

Building setbacks rremcasutrd from tbturerittofwayNonconformin Iudscape and building setbacks willbe permitted to raaainto accommodate existingwelb orbuiWinps notintnue rightofway

Ordinance No 1297

Page 21 of24

provided that no more than 50 percent of the length of the buildingfrontage over the total length ofthe drive or court is setback less than 7feet In calculating the total length ofthe drive or court and the length ofbuilding frontage the length of building and street frontage on bothsides of the drive or court shall be used If living areas are providedabove garages garage setback shall apply The minimum 3 foot garagesetback shall be increased where necessary to accommodate requiredsidewalks A garage shall not be setback between 9 feet and 19 feetfrom the rightofway line Garages setback 9 feet or less shall beequipped with an automatic garage opener A minimum distance of 40feet shall be maintained between ground floor living areas on unitsacross from each other in acourt on adrive oron a shared drivewaye Minimum distance between buildings The minimum horizontaldistance between adjacent buildings shall be IO feet The minimumdistance between buildings may be reduced to 6 feet for no more than amaximum length of25 feet of abuilding elevation provided that thereare no windows on ant elevation for that portion of the buildingelevation with loss than a 10 foot setback Ifliving areas are providedabove garages garage setbacks shall apply

f Tract boundary The minimum building setback from any tract

boundary shall be 10 feet If the tract boundary is adjacent to a park orother permanent open space the minimum building setback shall be 5feet

10 Landscape setbacksa North Loop 30 feetb West Connector 20 feet

I1 Landscapinga Compliance with the CityofTustin Landscape and Irrigation Guidelinesb Compliance with the Landscape Design Guidelines in Section217 of

this Specific Plan12 Bicycle and pedestrian circulation facilities shall provide connections within


13 A corner triangularshaped setback of60 feet measured from the intersectionof the curb lines at North Loop Road and Armstrong Avenue shall beprovided for asecondary community intersection treatment see Section217for landscape guidelines

14 A portal intersection treatment shall be provided at Edinger Avenue and WestConnectorsea Section217for landscape guidelines

15 Other General Development Regulations refer to Section 31I as applicable16 Signagc afar to Section312as applicable17 Offstreet parking refer to Section 313as applicable

Landscape setbacks are measured from the back of the curb and ere a cornbineGon of parkway sidewalk andplsnting arras Norrconfomilrtg landscape end buildin setbscks will be permitted to remain to accommodateexisting walls or buildings not in future rijhtofway


I Special Development Requirements1 Concept plan approval shall be required far Planning Area 5 prior to

development refer W Section421ofthis Specific Plan2 Affordability The following minimum affordable housing production

objectives are intended to reflect the intendon of the City to create a

redevelopment project area Commttnity Redevelopment Law section 33000and as needed to meet Regional Housing Allocation needs as identified in theHousing Element ofthe General Plan through the provisions of housing forhouseholds at very low low and raoderale income levels Specific housingrequirements for redevelopment and Housing Element compliance will beestablished at the time ofdevelopment project approval to ensure uniformitywith the housing Element ofthe General Plan and other applicable provisionsofCalifamia Law and to achieve the followinga At least 15 of units for initial occupancy by very low income to

moderate income households for redevelopment with 6or 40 ofunits affordable to vary low income households

b At least 38 additional units for occupancy by low income householdsc At least 16 additional units for occupancy by moderate income

households

d Restricted affordable housing units shall be reasonably dispersuithroughout the project and shall be compatible with the design and use

of market rate units in appearance use of materiels and finishedquality Restricted units shall be affordable for at least the minimumperiod of time required by state law or longer if required by aconstructionor mortgage financing assistance program

e Prior to issuance ofa certificate ofuse and occupancy a developer shallenter into a legally binding agreement with the City of Tustin or itsRedevelopment Agency and agree to deed restrictions on targetedaffordable housing units that azc binding on property upon sale ortransfer Said agreements shall address the following1 Numberofunits by typo location bedroom count

2 Standards for qualifying income and maximum rents or salesprices

3 Parties responsible foe sales prices and incomesf The City of Tustin reserves the right to negotiate transfer of a

developers obligation pursuant to this section offsite as a credit foraiordable units which cannot be reasonably feasible to provideonsitewhich shall be at the Citys sale and absolute discretion To ensure

comparable equivalent value of an offsite option or exchange for net

providing onsiteaffordable units a financial affordability gap analysiswill be conducted by the City at developers cost to compare the valueofthe offsite option and the affordability gap cost ofprovidingonsiteafIordablehousing

Tenure Development in Planning Area 5 of apartments is adiscretionaryaction requiring approval of a conditional use permit In considering aconditional use permit no more than ZS percent of the total number of units

Ordinance No 1297Page 23 of24

permitted within the Tustin portion ofthe Specific Plan area may be approvedfor aparhnenis4 Condominiums and muliiple family development may contain numerous lotsbut shall be designated as a development unit on a tentative map Theminimum size faradevelopment unit shall be 10 acres

J bevelopment Guidelines1 Buildings should be staggered along North Loop Road to provide varietyalong thestreetscape2 The use ofsound walls should be minimized through building site location3 Demolition ofstructures may be required by Tustin to be undertaken under thefollowing conditions 1 where information determines the netts fordemolition to eliminate public health and safety risks 2 to improve the

appearance ofthe Planning Area 3 to accommodate the completion ofmajorroadway improvements and 4 to properly implement the land use intent ofthis Planning Area

A summary of the key design guidelines for the Medium Density ResidentialPlanning Area is provided in Figure34


Attachment E

First Amendment to HousingAgreement for Columbus

Square

FIRST AMENDMENT TOHOUSING AGREEMENT FOR COLUMBUS SQUARE

This First Amendment to the Housing Agreement for Columbus Square the FirstAmendment is entered into as of 2009 the Effective Date by and betweenthe City of Tustin City a municipal corporation and Moffett Meadows Partners LLC aDelaware Limited Liability Company Developer The Developer and City are collectivelyreferred to herein as the Parties Capitalized terms used herein and not otherwise defined shallhave the samemeanings given to them in the Housing Agreement

RECITALS

A The City and Developer entered into that certain Housing Agreement ColumbusSquare dated as of June 20 2005 the Original Housing Agreement in order to amongother things ensure implementation of the Affordable Housing Requirements of the MCASTustin Specific Plan the Citys Density Bonus Ordinance the DevelopersCityapprovedAffordable Housing Plan the DevelopersDensity Bonus Application the Citys AffordableHousing Policy compliance with California Health and Safety Code Section 33413 subdivisionb2 and in accordance with conditions ofapproval for Tentative Tract Map 16581

B The City and Developer agreed in the Housing Ageement that all 266 AffordableHousing Units at Columbus Square to be provided by Developer would be for sale units andwould beowned and occupied only byOwnerOccupiers

C Assignment Agreements were subsequently approved by the City for assignmentand assumption of Developersduties ofperformance under the Housing Agreement as followsi an Assignment Agreement entered into by and between Moffett Meadows Partners and TustinVillas Partners LLC dated as ofAugust 22 2005 on Lot 4 ofFinance and Conveyance Map No16857 ii an Assignment Agreement entered into by and between Tustin Villa Partners LLCand Tustin Coventry LLC dated as of October 19 2009 on Lot 4 of Finance and ConveyanceMap No 16857 iii an Assignment Agreement entered into between Moffett MeadowsPartners LLC and Lennar Homes of California Inc dated as ofAugust 22 2005 on Lots 8 10and 12 of Finance and Conveyance Map Tract 16857 and iv an Assignment Agreemententered into between Moffett Meadows Partners LLC and William Lyon Homes Inc dated as ofAugust 22 2005 on Lot 7 ofFinance and Conveyance Map No 16857

D Section 14 of the Housing Agreement provides that the Housing Agreement canbe modified by written amendment if formally approved and executed by the Parties

E Section 343 of the MCAS Tustin Specific Plan also permits multifamilydwelling units Apartments subject to review and City approval ofa Conditional Use PermitThe Tustin Planning Commission reviewed and approved Conditional Use Permit withadoption ofResolution No on 2009 requiring the 240 senior citizenunits in the Coventry Court product at Columbus Square to be amultifamily senior citizenapartment project rather than an owner occupied senior citizen multifamily condominium

190087986192409

project Ofthe 240 units in the Coventry Court project 153 units were age and rent restricted torequire occupancy by Senior Citizens who are Affordable Households with the remaining 87units age restricted for occupancy by Senior Citizens but not income restricted

F The Developer has submitted a formal request to the City tomodify the HousingAgreement consistent with the approval of Conditional Use Permit NoDeveloper to make 153 Affordable Housing Units in Coventry Court ofthe total 266AffordableHousing Units at Columbus Squaze identified in the Housing Agreement available as AffordableHousing Units for rental occupancy by Senior Citizens

G The City Council has found that the conversion of 153 of the 266 AffordableHousing Units from forsaleunits into rental units will not result in any adverse impacts on thepublic health safety orphysical environment

H Pursuant to Developers request the City and Developer hereby amend theHousing Agreement by way ofthis First Amendment to allow in the Developersdiscretion forsome or all ofthe 266 Affordable Housing Units tobe made available as rental units

NOW THEREFORE in consideration of the foregoing Recitals which are herebyincorporated in the operative provisions of this Amendment by this reference and mutualcovenants and agreements set forth herein and other valuable consideration the receipt andsufficiency ofwhich is hereby acknowledged the Parties hereto agree as follows

1 Sections 11 12 and 13 The definitions for Affordable Housing Cost forLower Income Households Affordable Housing Cost for Moderate Income Households andAffordable Housing Cost ofVery Low Income Households in Sections 1112 and 13 in theHousing Agreement are hereby amended and restated to read in their entirety as follows11 Affordable Housing Cost shall mean for any Affordable Housing Unit designatedfor sale as owneroccupied housing aprice that does not exceed the Affordable Housing Cost foraVery Low Income Household a Low Income Household or aModerate Income Household asapplicable The Affordable Housing Cost for an Affordable Housing Unit shall be calculated asofthe date ofsale orresale ofthe Unit and shall take into account and include monthly paymentsfor principal and interest on the mortgage loan mortgage loan insurance property taxes andassessments fire and casualty insurance property maintenance and repairs homeownerassociation fees and a reasonable allowance forutilities and in an amount not in excess of

aForTeryLow Income Households as more particularly defined in Health and SafetyCode Section 50052562 and as generally described herein as a priceper unit which results inMonthly Housing Costs for the purchaser which shall not exceed onetwelfth ofthirty percent30 times fifty percent 50 of the annual Orange County Median Income adjusted forfamilysize appropriate for the unit

b For Low Income Households also defined as Lower Income Households as moreparticularly defined in Health and Safety Code Section 50052563 and as generally described

9008798612

92409

herein as aprice per Unit which results in Monthly Housing Costs for the purchaser which shallnot exceed onetwelfth ofthirty percent 30 times seventy percent 70 ofthe annual OrangeCounty Median Income adjusted for family size appropriate for the unit

c ForModerate Income Households as more particularly defined in Health and SafetyCode Section 500525b4 and as generally described herein as a priceper unit which results inthe annual Affordable Housing Cast for the purchaser which shall not be less than twentyeightpercent 28 ofthe gross annual income ofthe household nor exceed the product ofthirtyfivepercent 35 times one hundred ten percent 110 of the annual Orange County MedianIncome adjusted for family size appropriate for the unit Notwithstanding the foregoing inaccordance with Health and Safety Code Section 500525b4 the City has determined andhereby agrees that for aModerate Income Household with annual gross income that exceeds onehundred ten percent 110 of the annual Orange County Median Income adjusted for familysize appropriate for the unit

12 Affordable Rent shall mean for any forrent Affordable Housing Unit amaximum monthly rental or lease price that does not exceed the Affordable Rent for aVery LowIncome Household aLow Income Household or aModerate Income Household as applicableThe Affordable Rent for aforrentAffordable Housing Unit shall be calculated as ofthe date ofrent ofthe unit and shall take into account and include a reasonable allowance for utilities and inan amount not in excess of

a For Very Low Income Households as more particularly defined in Health andSafety Code Section 50053b2and as generally described herein as amonthly rent which doesnot exceed onetwelfth ofthirty percent 30 times fifty percent 50 of the annual OrangeCounty Median Income adjusted for family size appropriate far the unit

b For Low Income Households also defined as Lower Income Households asmore particularly defined in Health and Safety Code Section 50053b3 and as generallydescribed herein as applicable to those low income households whose gross incomes exceed themaximum income for very low income households a monthly rent which does not exceed onetwelfth of thirtypercent 30 times sixty percent 60 of the annual Orange County MedianIncome adjusted for family size appropriate for the unit

c For Moderate Income Households as more particularly defined in Health andSafety Code Section 50053b4and as generally described herein as amonthly rent which doesnot exceed onetwelfth ofthirty percent 30 times one hundred and ten percent 110 oftheannual Orange County Median Income adjusted for family size Notwithstanding the foregoingin accordance with Health and Safety Code Section 50053b4the City has determined andhereby agrees that for Moderate Income Households with annual gross incomes that exceed onehundred ten percent 110 ofthe annual Orange County Median Income adjusted for familysize appropriate for the unit a maximum monthly rent shall be calculated as not to exceed onetwelfth of thirty percent 30 times one hundred and twenty percent 120 of the annualOrange County Median Income adjusted for family size

3900879661

92909

13 Affordable Regulatory Agreement or the Regulatory Agreement means theAffordable Housing Regulatory Agreement and Declaration ofRestrictive Covenants in the formattached hereto as Attachment 9 to be recorded against property containing ForRent AffordableHousing Units as described in Section35

2 Section 18 Section 18ofthe Housing Agreement is hereby amended and restated toread in its entirety as follows

18 Affordable Housing Unit means one of the one hundred thirteen 113 unitsto be provided by Developer for sale and to be occupied by OwnerOccupiers at an AffordableHousing Cost for Very Low Lower or Moderate Income Households and the one hundred andfiftythree 153 Units identified by the Developer and approved by the City for rent to SeniorCitizens at an Affordable Rent to Very Low Income Households Low Income Households andModerate Income Households as more specifically set forth in Section 3 collectively the ForRent Affordable Housing Units

3 Section 113The definition ofLower Income Households is hereby amended andrestated to read in its entirety as follows

113 Low Income Household also defined as Lower Income Household shall mean aHousehold occupied by persons and families whose gross annual income is greater than fiftypercent 50 but does not exceed eighty percent 80 of the annual Orange County MedianIncome as published by the California Department ofHousing and Urban Development withadjustments for smaller and larger family sizes

4 Section 116 The definition of Memorandum ofAgreement in Section 116 oftheHousing Agreement shall behereby amended and restated to read

116 Memorandum of Agreement shall have the meaning set forth in Section39

5 Section 117 The definition of Moderate Income Household in Section 117oftheHousing Agreement is hereby amended and restated to read in its entirety as follows

117 Moderate Income Household shall mean a Household occupied by persons andfamilies whose gross annual income is greater than eighty percent 80 but does not exceed onehundred and twenty percent 120 ofthe Orange County Median Income as published by theCalifornia Department of Housing and Urban Development with adjustments for smaller andlarger family sizes

6 Section 123The definition ofVery Low Income Household in Section 123 oftheHousing Agreement is hereby amended and restated to read in its entirety as follows

123 Very Low Income Household shall mean a Household occupied by persons andfamilies whose gross annual income does not exceed fifty percent 50 of the Orange County

4900679861

92409

Median Income as published by the California Department of Housing and Urban Developmentwith adjustments for smaller and larger family sizes

7 Section 1 Section 1 ofthe Housing Agreement is amended to add the following newSections 124125 126 127 and 128 to read as follows

124 Business Days shall mean any day on which Tustin City Hall is open forbusiness

125 City Program Administrator shall mean the Assistant City Manager or otherRedevelopment Agency staff member as designated by either the Assistant City Manager or theCity Manager

126Qualified Project Period shall mean the period beginning on the first day on whichat least fifty percent 50 of the residential rental Senior Citizen units in the Coventry Courtproject are completed and first occupied and ending on the date that is fiftyfive55 years afterthe date on which at least fifty percent 50 of the residential rental Senior Citizen units arecompleted and first occupied

127 Senior Citizen means persons age 55 and older

128 Verification ofIncome shall mean the documentation by the Developer from theVery Low Income Household Low Income Household and Moderate Income Householdsverifying income as described in Section3510 hereofor such other form as may from time totime be provided by the City Program Administrator to the Developer

8 Section 3 The title of Section 3 ofthe Housing Agreement is hereby amended andrestated as follows

3 Affordable Housin Unit Oblieations and Tenure Restrictions

9 Sections 31 and 32 of the Housing Agreement are hereby deleted in their entiretyand new Sections 31 and 32 are substituted in their place

31Affordable Housing Unit Obli ations

311 Developer covenants and agrees for itself its successors its assigns and everysuccessor in interest of Developer that no fewer than two hundred sixtysix 266 residentialunits shall be constructed and available for sale to andor rental to and occupancy by Very LowIncome Households LowIncome Households and Moderate Income Households theAffordable Housing Units as identified in Attachment No 2 Of these two hundred and sixtysix 266 Affordable Housing Units

9008798615

92909

a no fewer than one hundred thirteen 113 of the Affordable Housing Units shall beconstructed and shall be made available asforsaleunits for occupancy by qualified persons atan Affordable Housing Cost for Very Low Lower or Moderate Income Households All forsaleAffordable Housing Units shall be sold to and occupied by OwnerOccupiers Of these onehundred thirteen 113 units a minimum of twentyfive25 units shall be sold to Very LowIncome Households a minimum of sixtyfour 64 units shall be sold to Lower IncomeHouseholds and a minimum of twentyfour 24 units shall be sold to Moderate IncomeHouseholds and

b no fewer that one hundred fiftythree153 ofthe Affordable Housing Units shall beconstructed and shall be made available for rental occupancy by Senior Citizens with aminimum ofthirtysix36 units rented to Very Low Income Households a minimum of sixtyone 61 units rented to Low Income Households and fiftysix56 units rented to ModerateIncome Households For rent Affordable Housing Units may only be rented to and occupied bySenior Citizens

The proposed general locations of such Affordable Housing Units by specific parcel tenurerental or ownership bedroom count by tenure which shall not be less than the bedroom mixshown in Table 4 of the Affordable Housing Plan as amended shall be in accordance withconditions of approval of Resolution CC 0540 including Conditions 2122 and 23 and inPlanning Commission Resolution No including Conditions

32 Affordable ForSale Housin Unit Re uirements Marketin and R uiredDocuments

321 Income Qualification Standazds and Procedures The Developer shallsubmit to the Citys Program Administrator an Affordable Housing Purchaser Selection andCriteria Plan for Redevelopment Agency review and approval thirty 30 days prior to approvalofa final map or issuanceofabuilding permit The CitysProgram Administrator shall approveor disapprove the Affordable Housing Purchaser Selection and Criteria Plan within twenty 20calendar days The Developer shall initiate marketing and sales ofthe Affordable Housing Unitsafter Program Administratorsapproval of DevelopersAffordable Housing Purchaser Selectionand Criteria Plan Sale ofAffordable Housing Units can only be after final map recordation andall necessary California Department of Real Estate approvals Prior to execution of a salescontract for an Affordable Housing Unit Developer shall submit to Program Administratorproposed purchasers income certification and related income verification materials in a farmacceptable to the Program Administrator and in the event that the Program Administrator findsthat the provisions of the Agreement have been complied with Program Administrator shallapprove same in writing The Developer shall submit to Program Administrator individualescrow instructions for buyers of Affordable Housing Units and all other related documents atleast twenty 20 calendar days prior to close of escrow of individual Affordable Housing Unitsand with submission of individual escrow instructions and related items by Developer toProgram Administrator The Program Administrator shall approve or disapprove individualescrow instructions and related items for buyers of Affordable Housing Units within ten 10calendar days ofthe following submission by Developer

690087986192909

322 Housing Affordable Documents to be Recorded At the time ofclosing ofeach sale ofan Affordable Housing Unit to an Owner Occupier the Developer shall cause to berecorded against such Affordable Housing Unit the applicable Affordable Housing Covenantbased on the income level for such Affordable Housing Unitie Very Low Income LowIncome or Moderate Income the applicable Affordable Housing Trust Deed and theAffordable Housing Option Agreement The Developer shall also cause to be executed a

promissory note executed by the applicable OwnerOccupier In addition Developer shallrequire the prospective Owner Occupier to execute a Reimbursement Agreement Exhibit Eto each Affordable Housing Covenant which executed agreement shall be delivered to theCitys Program Administrator as acondition of close of escrow on the Unit In order to enableDeveloper to meet its continuing housing obligations under State law and as required by theSpecific Plan and Housing Agreement and because the City has facilitated the provision of theAffordable Housing Units through its adoption ofthe Specific Plan and housing incentives in theDensity Bonus Ordinance and provided that the Affordable Housing Covenant AffordableHousing Trust Deed and Affordable Housing Option Agreement are recorded concurrently withthe closing of the sale of an Affordable Housing Unit the City agrees to accept the AffordableHousing Note which Affordable Housing Note shall be in an amount equal to the differencebetween the appraised fair market value ofthe unit as if it was aMarket Rate Unit and the salesprice required to sell the Unit at an Affordable Housing Cost for Very Low Income HouseholdsLow Income Households or an Affordable Housing Cost for Moderate Income Households as

applicable The Affordable Housing Note shall be in the applicable form attached hereto asAttachment No 3 Each Affordable Housing Note shall be assigned by the Developer to the Cityat the time ofthe closing of the sale ofeach Affordable Housing Unit and shall be secured by a

deed of trust executed by the purchasing Owner Occupier and recorded against the Unit at thetime ofthe closing ofsuch sate the Affordable Housing Trust Deed in the applicable formattached hereto as Attachment No 4 The Affordable Housing Trust Deed shall secure theobligations of the Owner Occupier set forth in the Affordable Housing Covenant theReimbursement Agreement and the Affordable Housing Promissory Note and shall besubordinate in priority only to the monetary lien of apurchase money deed oftrust also recordedat the time ofclosing of the sale securing an amount not in excess of the applicable AffordableHousing Cost of the Unit The Affordable Housing Deed of Trust shall be subordinate inpriority only to the monetary lien of apurchase money deed oftrust also recorded at the time ofclosing

12 Section 33 The title of Section 33 of the Housing Agreement is amended as

restated to read in its entirety as follows

33 Covenant Affordable For Sale Units

13 Sections 34 and 35 are hereby amended and restated to read in their entirety as

follows

34 ForRent Affordable Housing Unit Requirements Marketing andRequired Documents The 153 required ForRentSenior Citizen Affordable Housing Units shall

7900679861

92909

be constructed in the Coventry Court project as depicted in general location in Attachment NoWith respect to the Coventry Court Senior Citizen rental apartment project 36 units shall

be rent restricted and occupied by Very Low Income Senior Citizen Households 61 units shallbe rent restricted and occupied by Low Income Senior Citizen Households and 56 units shall berent restricted and occupied by Moderate Income Senior Citizen Households and 87 units shallbe rented at market rates

900879861

92909

8

35 Covenant Re Affordable ForRentUnits

351 The Developer covenants and agees for itself its successors its assignsand every successor in interest to property designated to contain ForRental Senior CitizenAffordable Housing Units to construct the ForRent Senior Citizen Affordable Housing Unitsdescribed in Section 34 and depicted as to general location on Attachment No and saidunits shall be restricted for a period terminating fiftyfive 55 years from the issuance of acertificate of occupancy for a rental project and expiration of the Qualified Project Period andaccording to the following terms a Affordable Housing Units designated by general parcellocation in Attachment No as beingForRent to Very LowIncome Households shall only berented and occupied by Senior Citizens in Very LowIncome Households b AffordableHousing Units designated by general parcel location in Attachment No as being ForRent toLowIncome Households shall only be rented and occupied by Senior Citizens in LowIncomeHouseholds and c Affordable Housing Units designated by general parcel location inAttachment No as being ForRent to Moderate Income Households shall only be rented andoccupied by Senior Citizens in Moderate Income Households

352 In order to impose upon aparcel the obligations set forth above in Section351 prior to issuance by the Citys Building Official of further building permits for theCoventry Court project there shall be recorded against the Coventry Court project site anAffordable Housing Regulatory Agreement and Declaration of Restrictive Covenantshereinafter referred to astheRegulatory Agreement in the form ofthe Regulatory Agreementand applicable covenants attached hereto as Attachment No 9 The Developer shall cause theRegulatory Agreement and all amendments and supplements hereto and thereto to be recordedand filed in the Official Records and in such other places as the Progam Administrator mayreasonably request The Developer shall pay all fees and charges incurred in connection withany such recording Written evidence of the recorded Regulatory Agreement shall be providedto the Program Administrator

353 Renting toAffordable Households Very Low Income Units Low IncomeUnits and Moderate Income Units shall be rented to eligible and qualified Senior Citizens inVery Low Income Households Low Income Households and Moderate Income Households inaccordance with the following terms

a Developer shall use its best efforts to fill vacancies ofVery LowIncome Low Income and Moderate Income Affordable Units as soon as possible following thedate the Affordable Housing Unit becomes available for renting by renting the units to SeniorCitizens in Very Low Income Households Low Income Households and Moderate IncomeHouseholds as applicable to such units and as described in Section341 and generally depictedon Attachment No Developer shall lease available units to eligible Affordable Householdson a firstcome firstserved and nondiscriminatory basis Developer shall notify the CityProgam Administrator ofany Affordable Housing Units that either a fails to have been leasedto a Senior Citizen in a Very Low Income Household Low Income Household or ModerateIncome Household as applicable within thirty 30 days after the issuance of a certificate ofoccupancy for the unit the Initial Leasing Period or b becomes available as a result oftenant

9900879861

92909

vacation ofthe premises

b Developer shall create and maintain an interest listwhich includesall potential tenants who have expressed an interest in leasing aunit within each rental projectThe interest list shall clearly designate whether such potential tenant is a Senior Citizen in aVeryLow Income Household Low Income Household or Moderate Income Household The interestlist shall clearly indicate whether such potential tenant will be receiving rental assistance underthe US Department of Housing and Urban Development HUD Section 8 program or otherfederal programs that may replace the Section 8 program Developer shall use its best efforts tofill vacancies of Very Low Income Units Low Income Units and Moderate Income Units assoon as possible following the date the Affordable Housing Units become available for rentingby renting the units to Senior Citizens in Very Low Households Low Income Households andModerate Income Households as applicable to such units

c An Affordable Housing Unit that either a fails to be leased withinthe Initial Leasing Period to a Senior Citizen in a Very Low Income Household Low IncomeHousehold or Moderate Income Household as may be applicable orbbecomes available as aresult oftenant vacation of the premises shall be rented toanew eligible and qualified tenant inaccordance with the following procedure

i Developer shall make a reasonable effort to contact eligibleand qualified prospective tenants in the order of priority on the interest list as set forth in thisSection 353 above and Developer shall lease available units tosuch eligible tenants on afirstcome firstserved basis

ii Each such eligible and qualified prospective tenant shall havethree 3 business days tonotify Developer of the prospective tenants intent to accept the unitand must thereafter execute a lease for the unit within seven 7 days ofsuchacceptance

iii Failure of the eligible and qualified prospective tenant totimely notify Developer ofaccepting the unit or to thereafter timely execute a lease for the unitshall be deemed rejection ofthe unit and Developer may seek other eligible tenants as set forthin this subsection c and following

d In the event theinterest list maintained by the Developer does notinclude a prospective tenant that is eligible and qualified as a tenant ofa vacant AffordableHousing Unit or in the event Developer is unable to lease a vacant Affordable Housing Unitafter fully complying with the procedures set forth herein the Developer may lease the restrictedunit to any eligible and qualified Very Low Income Household Low Income Household orModerate Income Household for the appropriate restricted unit

e Senior Citizens in Low Income Households Very Low IncomeHouseholds and Moderate Income Households who occupy Low Income Units Very LowIncome Units and Moderate Income Units at the expiration ofthe Qualified Project Period andwho qualify as Very Low Income Households Low Income Households or Moderate Income

1090087986192409

Households on such date shall be permitted to continue to occupy those Low Income Units VeryLow Income Units and Moderate Income Units for a period ofone 1 year beginning on thefirst day after the expiration of the Qualified Project Period provided however that annual rentincreases during such one 1 year period shall not exceed an amount equal to the existing rentfor such unit plus an amount equal to the greater ofi five percent 5 or ii the percentageincrease that would have been permitted had the Qualified Project Period not expired Except as

provided in the preceding sentence upon the expiration of the Qualified Project Period theAffordable Housing Units shall no longerbe subject to the provisions ofthis Section 3

f The Developer agrees to provide to Very Low IncomeHouseholds Low Income Households and Moderate Income Households within the rentalproject sites notice of all rent increases pursuant to applicable Governmental Requirementsincluding rules and regulations of the State

354 Rental Rates Rental rates for all Affordable Housing Units to which thisAgreement and a Regulatory AgreerYient are applicable shall not exceed the higher offollowing

a The Affordable Housing Rent as defined in the California Healthand Safety Code Section 50054 for Very Low Income Households Section 50053b1 forLow Income Households Section 50053b2and for Moderate Income Households Section50053b3 less the monthly allowance for utilities and services excluding telephone to bepaid by the household or

b If an Affordable Housing Unit designated for rent to a SeniorCitize in a Very Low Income Household or Low Income Household receives federal or staterental subsidy and a Very Low or Low Income tenant pays as a contribution toward rent no

more than thirty percent 30 ofthe householdsadjusted income then the maximum rentietenant contribution plus any rental subsidy shall be the fair market rent allowable under thefederal or state rental subsidy certificate or voucher program Alternatively the maximummonthly rent that may be charged to aqualified tenant who is subject to this limitation may bethe monthly adjusted income of the qualified tenant multiplied by thirty percent 30 anddivided by 12 and if applicable a monthly allowance for any utilities and services excludingtelephone to bepaid by the tenant shall be subtracted

355 Voucher Holders No Affordable Housing Units designated for rent to a

Senior Citizen in a Very Low Income Household or Low Income Income Household shall berefused for leasing toaholder ofacertificate or voucher under 24 CFR Part 982 Section 8 RentalCertificate Program or Section 8 Rental Voucher Program or to the holder of a comparabledocument evidencing participation in aHOME tenantbasedassistance program because of thestatus ofthe prospective Very Low Income Household or Low Income Household as aholder ofsuch certificate of family participation rental voucher or comparable tenantbased assistancedocument

11900879861

92909

356 Rent Schedule and Utility Allowances The City Program Administratorshall annually review and approve rents proposed by the Developer for the Affordable HousingUnits to determine that the Developer has properly applied the rental restrictions contained inthis Section 35 and shall provide the Developer with a schedule establishing the monthlyallowances for utilities and services to be paid by the tenants ofthe units The Developer shallreexamine the income ofeach tenant household living in the Affordable Housing Unit at leastannually The maximum monthly rent shall be recalculated by the Developer and reviewed andapproved by the City Program Administrator annually and may change as changes in theapplicable gross rent amounts the income adjustments or the monthly allowance for utilities andservices warrant The Developer shall not impose on a tenant an increase in rent approved by theCity Program Administrator if that increase is not permitted to be imposed under the leasebetween Developer and the tenant Developer shall provide not less than thirty 30 days priorwritten notice to affected tenants before implementing any increase in rents

357 Increases in Income

a If as a result of the annual reexamination of incomes requiredpursuant to Section 356 the Developer determines that a household that qualified as a VeryLow Income Household for purposes ofparagraph353 above no longer is a Very Low IncomeHousehold but instead qualifies as a Low Income Household then the Developer may requirethat household to pay the Affordable Rent for Low Income Units and the Developer shall leasethe next available Low Income or Moderate Income Unit to a Senior Citizen in a Very LowIncome Household at the rent permitted under Section353

b If as a result of the annualreexamination of incomes requiredpursuant to Section356 the Developer determines that a household that qualified as a VeryLow Income Household for purposes ofparagraph353 above no longer is a Very Low IncomeHousehold but instead qualifies as a Moderate Income Household then the Developer mayrequire that household to paythe Affordable Rent forModerate Income Units and the Developershall lease the next available Low Income Unit or Moderate Income Unit to a Senior Citizen in aVery Low Income Household at the rent permitted underSection 353

c If as a result of the annual reexamination of incomes requiredpursuant to Section 356 the Developer determines that a household that qualified as a LowIncome Household for purposes ofparagraph353above no longer is aLow Income Householdbut instead qualifies as a Moderate Income Household then the Developer may require thathousehold to pay the Affordable Rent for Moderate Income Units and the Developer shall leasethe next available Moderate Income Unit to aSenior Citizen in a Low Income Household at therent permitted under Section 353

d If as a result of the annual reexamination of incomes requiredpursuant to Section356 the Developer determines that a household that qualified as a VeryLow Income Household Low Income Household or Moderate Income Household for purposesofparagraph353above no longer is aVery Low Income Household Low Income Household

1290087986192909

or Moderate Income Household then the Developer may require that household to pay fairmarket rent and the Developer shall lease the next available apartment unit in the developmentto a Senior Citizen in a Very Low Income Household Low Income Household or ModerateIncome Household whichever class of household that the original Affordable Housing Unitswas to be leased to at the affordable rent for such Very Low Income Unit Low Income Unit orModerate Income Unit Such next available apartment unit shall then be deemed to be a VeryLow Income Unit Low Income Unit or Moderate Income Unit subject to the provisions ofthisSection 35 and the previous unit shall no longer be subject to the provisions ofthis Section 35

e Notwithstanding the foregoing provisions it is the intent of thisAgreement and the Regulatory Agreement that the number ofVery Low Income Units LowIncome Units and Moderate Income Units be allocated as among the Affordable Housing Unitsas provided in Section 34 In the event the foregoing provisions result in an allocation ofAffordable Housing Units different from that provided in Section 34 Developer shall lease thenext available Affordable Housing Unit to a Senior Citizen in a Very Low Income HouseholdLow Income Household or Moderate Income Household as the case may be in order to correctthe allocation

358 Minimum Rents Notwithstanding the other provisions ofthis Section 35Developer shall not be required to charge a rent for a Very Low Income Unit Low Income Unitor Moderate Income Unit that would be lower than the maximum rent Developer would havebeen permitted to charge for the Unit had the determination ofmaximum rent been made on thedate the City and Developer entered into the Agreement

359 Tenant Protections

Developer and the Affordable Househodemust the for not less thaneoenrenent lease betweenProgram Administrator provides prior written approval and may not ycont n any of thefollowing provisions

1 Any agreement by the tenant to be sued toadmit guilt or toconsent to a judgment in favor of the Developer in a lawsuit brought in connection with thelease

ii Any agreement by the tenant that the Developer may takehold or sell personal property of household members without notice to the tenant and a courtdecision on the rights ofthe parties This prohibition however does not apply to an agreementby the tenant concerning disposition ofpersonal property remaining in the Unit after the tenanthas moved out ofthe Unit The Developer may dispose ofthis personal property in accordancewith applicable state law

its a ents le all resg g y ponsible forlany action or failure to actewhether tenttanal the Developer or

or negligent

9ooe9ei 1392909

iv Any agreement of the tenant that the Developer may evictthe tenantor household members without notice to the tenant

v Any agreement by the tenant that the Developer may evictthe tenant or household members without instituting acivil court proceeding in which the tenanthas the opportunity topresent adefense or before acourtdecision on the rights ofthe parties

vi Any agreement by the tenant towaive any right to atrial byjurl

vii Any agreement by the tenant to waive the tenants right toappeal or to otherwise challenge in court a court decision in connection with the lease

viii Any agreement by the household to pay attorneys fees or

other legal costs even if the tenant wins in a court proceeding by the Developer against thetenant The tenant however may be obligated to pay casts if the tenant loses

b Termination ofTenancy Developer may not terminate the tenancy or

refuse to renew the lease of an affordable housing tenant except for violation ofthe terms andconditions of the lease for violation ofapplicable federal state or local law or for other goodcause Any termination or refusal to renew must be preceded by not less than sixty 60 days bythe Developers service upon the tenant of awritten notice specifying the grounds for the action

3510 Verv Low Income Low Income and Moderate Income Senior CitizenTenants Records and Reports The Developer hereby represents warrants and covenants as

follows

a Within 30 days after the date on which at least ten percent 10ofthe dwelling units in the Project are first occupied the Developer shall execute and deliver a

writtennotice in the form provided by the City Program Administrator or otherwise approved byProgram Administrator a copy ofa certificate identifying said date and the beginning date andearliest ending date of the Qualified Project Period which certificate shall be in the formprovided by Program Administrator or otherwise approved by Citys Program AdministratorThe Developer shall record acopy ofsuch certificate in the Official Records

b The Developer shall obtain complete and maintain on fileVerifications of Income qualification in the form provided by Citys Program Administrator or

otherwise approved by Citys Program Administrator from each Very Low Income HouseholdLow Income Household or Moderate Income Household including i a Verification ofIncomeand age qualification dated immediately prior to the initial occupancy ofsuch Very Low IncomeHousehold Low Income Household or Moderate Income Household and ii thereafter annualVerifications of Income and age qualifications which must be dated as ofJune 1st ofeach yearor such other date as may be mutually agreed upon by the Citys Program Administrator and theDeveloper and in no event less than once in every twelvemonth period following each Very

14900879861

92909

Low Income Households Law Income Households or Moderate Income Householdsoccupancy ofa unit in the Project The Developer will obtain such additional information asmay be required in the future by the State or by the Citys Program Administrator due tochanges in federal or state law

c A copy of the most recent Verification of Income and agequalification for Very Low Income Household Low Income Household and Moderate IncomeHousehold commencing upon occupation or continuing occupation ofaVery Low Income UnitLow Income Unit or Moderate Income Unit and not previously filed shall be attached to theCertificate of Continuing Program Compliance in the form provided by Citys ProgramAdministrator or otherwise approved by Citys Program Administrator which is to be filed withthe Citys Program Administrator no later than the fifteenth 15h day ofeach month followingthe receipt by the Citys Program Administrator of the Completion Certificate to and includingthe month in which such report indicates that fifty percent SOof the units in the CoventryCourt Project aze occupied by Senior Citizens in Very Low Income Households Low IncomeHouseholds and Moderate Income Households and thereafter no later than the first 1 day ofthe sixth6 month ofeach calendaryear until the endofthe Qualified Project Period

d The Developer shall make adiligent and goodfaitheffort to verifythat the information provided by an applicant in the Verification ofIncome and Senior Citizenage qualifications is accurate by taking the following steps as a part ofthe verification process1 obtain birth certificates for all household members 2 obtain pay stubs for the most recentonemonth period or the last three months bank statements forselfemployed individuals and 3obtaining income W2 Wage and Earnings Statements and tax returns for the most recent taxyear alternatively if determined appropriate for the tenants situation the following may beobtained i obtain an income verification from the Social Security Administration andor theCalifornia Department of Social Services if the applicant receives assistance from either of suchagencies or ii if the applicant is unemployed does not have income tax returns or is otherwiseunable to provide other forms of verification as required above obtain another form ofindependent verification satisfactory to the Program Administrator

e The Developer shall maintain complete and accurate recordspertaining to the Very Low Income Units Low Income Units and Moderate Income Units andshall permit any duly authorized representative ofthe City to inspect the books and records oftheDeveloper pertaining to the Project including those records pertaining to the occupancy oftheAffordable Housing Units

fl The Developer shall prepare and submit to the City ProgramAdministrator no later than the firstlday ofthe sixth 6 month ofeach calendar year untilthe end of the Qualified Project Period a Certificate of Continuing Program Complianceexecuted by the Developer with the following information

i The number ofthe dwelling units ofthe Project which wereoccupied pursuant to Section 34 above by Senior Citizens in Very Low Income HouseholdsLow Income Households and Moderate Income Households during such period and such other

1590087986192409

tenant information as may be reasonably required as stated on the form of the Certificate ofContinuing Program Compliance acceptable to the Program Administrator and

ii A statement either a that nounremedied default hasoccurred under the Regulatory Agreement or b a default has occurred in which event theCertificate shall describe the nature of the default in detail and set forth the measures being takenby the Developer to remedy suchdefault

3511 Each lease or rental agreement for an Affordable Housing Unit shallcontain a provision to the effect that the Developer has relied on the Verification of IncomeCertification and age qualification and supporting information supplied by the Very Low IncomeHousehold Low Income Household or Moderate Income Household in determiningqualification for occupancy of the Very Low Income Units Low Income Units and ModerateIncome Units by Senior Citizens and that any material misstatement in such verificationwhether or not intentional will be cause for immediate termination of such lease or rentalagreement Each such lease or rental agreement shall also provide and shall so disclose to thetenant that the tenants income and age qualification is subject to annual certification inaccordance with the terms of the Regulatory Agreement and that if upon review of any suchverification the tenants income exceeds the then applicable income limit for aVery Low IncomeHousehold Low Income Household or Moderate Income Household such household shall ceaseto qualify as a Very Low Income Household Low Income Household or Moderate IncomeHousehold and as a consequence said householdslease shall be subect to termination on suchprior notice as the Citys Program Administrator deems reasonable

3512 Termination ofForRent Affordable Housin Covenants The provisionsofthis Section 3S shall remain in full force and effect for the period provided in Section35114 Section 36is hereby deleted in its entirety and anew Section 36 is substituted in itsplace as follows

3ti PunSOSe ofAffordable Housing Provisions The City and the Developer herebyagree that the provlsions ofthis Agreement relating to the Affordable Housing Units aze enteredinto in order toachieve a stabilized community ofOwnerOccupied forsaleAffordable HousingUnits and forrent Affordable Housing Units It is the intention of the City and the Developerthat the City and its successors and assigns be empowered to enforce the covenants contained inthis Affordable Housing Agreement and all Affordable Housing Covenants or RegulatoryAgreements that each of the foregoing empower the City and its successors and assigns toenforce the covenants contained herein and that each ofthe foregoing should also be construedand interpreted

1 S Section 3 is hereby amended to add the followingnew Section 37

37 Compliance with Density Bonus Ordinance Specific Flan and Applicable State

lti9008986192409

Law The City and the Developer hereby agee that the provisions ofthis Ageement complywith the Specific Plan Density Bonus Ordinance Government Code Section 65915 andCalifornia Health and Safety Code Sections 33413 333343 and 3333414 and that suchprovisions fully satisfy the requirements of such code sections

16 Section 3 is hereby amended to add the following new Section38

38 Other Covenants Developer covenants and agrees for itself its successors itsassigns that

381 Oblieation to Refrain from Discrimination There shall be no discriminationagainst or segregation of any person or gaup of persons on account of race color creedreligion sex sexual orientation marital status national origin or ancestry in the sale leasesublease transfer use occupancy tenure or enjoyment of the Site or any portion thereof norshall Developer itself or any person claiming under or through it including any tenant establishor permit any such practice or practices of discrimination or segregation with reference to theselection location number use or occupancy of tenants lessees subtenants sublessees orvendees on the Property orany portion thereof

384 Redevelopment Law Form of Nondiscrimination and Non segreuationClauses The Developer itself and any person claiming under or through it shall refrain fromrestricting the sale of the property on the basis of race color creed religion sex sexualorientation marital status national origin or ancestry of any person All deeds leases orcontracts shall contain or be subject to substantially the followingnondiscrimination or nonsegregation clauses

a In Deeds The gantee herein covenants by and for itself itssuccessors and assigns and all persons claiming under or through them that there shall be nodiscrimination against or segregation of any person or group of persons on account of racecolor creed religion sex sexual orientation marital status national origin or ancestry in thesale lease sublease transfer use occupancy tenure or enjoyment of the land herein conveyednor shall the gantee itself or any person claiming under or through it establish or permit anysuch practice or practices of discrimination or segregation with reference to the selectionlocation number use or occupancy of tenants lessees subtenants sublessees or vendees in theland herein conveyed The foregoing covenants shall run with the land

b In Leases The lessee herein covenants by and for itself itssuccessors and assigns and all persons claiming under or through them and this lease is madeand accepted upon and subject to the following conditions

That there shall be no discrimination against or segregation of any person or goup ofpersonson account ofrace color creed religion sex sexual orientation marital status national origin orancestry in the sale lease sublease transfer use occupancy tenure or enjoyment of the landherein conveyed nor shall the gantee itselfor any person claiming under or through it establishor permit any such practice ar practices of discrimination or segregation with reference to the

1790087986192409

selection location number use or occupancy of tenants lessees subtenants sublessees orvendees in the land herein leased

c In Contracts There shall be no discrimination against orsegregation of any person or group of persons on account ofrace color creed religion sexsexual orientation marital status national origin or ancestry in the sale lease sublease transferuse occupancy tenure or enjoyment ofthe land herein conveyed nor shall the grantee itselforany person claiming under or through it establish or permit any such practice or practices ofdiscrimination or segregation with reference to the selection location number use or occupancyoftenants lessees subtenants sublessees or vendees in the land

The Developer covenants and agrees for itself its successors its assigns and every successor ininterest to the Site or any part thereof there shall be no discrimination against or segregation ofany person or group of persons on account of race color creed religion sex sexualorientation marital status national origin or ancestry in the sale transfer rental or lease wherePermitted use occupancy tenure or enjoyment ofthe Site nor shall the Developer itselfor anyperson claiming under or through it establish or permit any such practice or practices ofdiscrimination or segregation with reference to the selection location number use or occupancyofpurchasers of the Property or renters or lessees ofthe Property or any portion thereof

17 Section 3 ofthe Housing Agreement is hereby amended to add anew Section 39 toread

39 Memorandum of Agreement A Memorandum ofAgreement substantially in thefarm of Attachment 8 attached hereto and incorporated herein by this reference shall berecorded against the Property upon execution of this Agreement A Memorandum of anyAmendments to the Agreement shall also be prepazed substantially in the form ofAttachment10 attached hereto and incorporated herein by this reference and shall be recorded against theProperty upon execution ofany Amendments to the Agreement18 this is an existing agreement we aze only adding or amending attachment 9 and10Section 17 Section 17 is hereby amended to add Attachment 9 and Attachment 10 to read asfollows

Attachment No 1 Legal Description

Attachment No 2 Affordable Housing UnitsNumberLocation Bedrooms

Attachment No 3 Affordable Housing Note

Attachment No 4 Affordable Housing Deed ofTrust

Attachment No S Affordable Housing Covenant

1890067986192409

Attachment No 6

Attachment No 7

Attachment No 8

Attachment No 9

Attachment No 10

Very Low Income

Affordable Housing Covenant

Affordable Housing Covenant Moderate IncomeMemorandum ofAgreement

Regulatory Agreement and Declaration of RestrictiveCovenants Coventry Court Rental Project

Memorandum of First Amendment to the HousingAgreement

The new Attachments 9 and 10 to the Housing Agreement will be in the forms attached hereto asExhibits A and B respectively

19 Counterparts This First Amendment may be executed in counterparts Eachcounterpart shall be deemed an original and all counterparts shall be deemed the sameinstrument with the same effect as if all parties hereto had signed the same signature page Inaddition a copy of this First Amendment executed by aparty hereto and telecopied to the otherparty shall be deemed to constitute delivery of an originally executed copy of this FirstAmendment to the other party A facsimile signature shall be enforceable to the same extent asan original signature

Signatures On Following Page

1990087986192409

IN WITNESS WHEREOF the parties hereto have executed this First Amendment as ofthe date above written

CITYCITY OF TUSTINATTESTaCalifornia municipal corporation

Pamela Stoker City Clerk By

APPROVED AS TO FORMWoodruff Spradlin Smart

Douglas Holland City Attorney

William Huston City Manager or

Christine Shingleton Assistant City Manager

DEVELOPER MARBLE MOUNTAIN PARTNERS LLCMOFFETT MEADOWS its sole member aDelaware limited liability companyPARTNERS LCC its administrative memberaDelaware limited liability company

By

Its

By

Its

ACKNOVVLEGMENT AND CONSENT OF ASSIGNEES TO FIRSTAMENDMENT

The Undersigned as assignees of portions of the property subject to the HousingAgreement in accordance with the assignment agreements referenced in Recital C hereofconsent to the foregoing amendments and agree to be bound thereby if and the extent suchamendments affect the property owned by them

ASSIGNEES

For Lot 4 ofFinance and Conveyance Map No 16857

TUSTIN COVENTRY LLC aCalifornia Delaware limited liability company

2090087986192409

By Lennar Homes of California IncaCalifornia corporation its managing Member

By

Name

Title

For Lots 8 10 and 12 of Finance and Conveyance Map No 16857Lennar Homes of California Inc aCalifornia corporation

By

Name

Title


William Lyon Homes Inc aCalifornia corporation

By

Name

Title

2190087986192409

EXHIBIT A

ATTACHMENT 9 TO HOUSING AGREEMENT

AFFORDABLE HOUSING REGULATORY AGREEMENT AND

DECLARATION OF COVENANTS

90087986211182009

TO BE INSERTED PRIORTO EXECUTION

EXHIBIT B

ATTACHMENT 10 TO HOUSING AGREEMENT

MEMORANDUM OF AGREEMENT FOR FIRST AMENDMENT TO

THE HOUSING AGREEMENT

90087986211182009

MEMORANDUM OF AGREEMENT

RECORDING REQUESTED BY AND WHENRECORDED MAIL TO

City ofTustin300 Centennial WayTustin California 92780Attention Assistant City ManagerNo feeforrecording requested pursuant to Government Code Sections 6103 and 27383

MEMORANDUM OF FIRST AMENDMENT TO THE HOUSING AGREEMENT

THIS MEMORANDUM OF THE FIRST AMENDMENT TO THE HOUSINGAGREEMENT Memorandum of Agreement is made as of2009 by and between the CITY OF TUSTIN a municipal corporation together with itssuccessors and assigned the City and MARBLE MOUNTAIN PARTNERS LLC aDelaware limited liability company the Developer to confirm that the City and the Developerhave entered into that certain FIRST AMENDMENT TO THE HOUSING AGREEMENT datedas of 2009 the Amended Agreement affecting the real pro ertdescribed below The City and the Developer are sometimes referred to herein individually as aPasty and collectively as the Parties Initially capitalized terms used herein and not otherwisedefined shall have the meanings ascribed to such terms in the Agreement1 Property Affected by the Agreement The following described land is subject to theterms covenants conditions and restrictions set forth in the Amended Agreement effective as tosuch land upon the date ofacquisition thereof by the Developer

11 The Property consisting as of the date hereof ofthat certain land at the formerMCAS Tustin site legally described on EXHIBIT A attached hereto and incorporated herein bythis reference

12 This Memorandum of Agreement has been executed and shall be recordedimmediately following the recordation ofthe Amended Agreement for the Site and the AmendedAgreement and this Memorandum of Agreement shall each be binding upon the Site inaccordance with its terms

2 Effect ofAgreement The Amended Agreement imposes certain obligations agreementscovenants conditions and restrictions with respect to the Property and Developersdevelopment

use operation and ultimate disposition thereof of required Affordable Units that run with theland as further set forth below including but not limited to without limitation

a The covenants for the development and sale and rent of Affordable Unitscontained in Sections 31 32 and 3 2 of the Amended Agreement that remain in effect untilexecution and recordation by the City ofaCertificate ofCompliance on the Property and certaincovenants and restrictions which continue on sold and rented Affordable Units under the terms ofSection 33 ofthe Amended Agreement

b Certain restrictions on the sale or transfer of the Property contained in Section 6162 and 7 and the assignment of the Amended Agreement contained in Section 33 of theAgreement that terminate upon execution and recordation by the City of a Certificate ofCompliance on the Property

c The nondiscrimination covenants contained in Section 34 of the AmendedAgreement that remain in effect in perpetuity

f The affordable housing covenants contained in Section 33 on forsaleAffordableUnits and in Section 35 on forrent Affordable Units that remain in effect for the periodspecified in the Amended Agreement

3 Amended Agreement and Memorandum ofAgreement Run with the Land

The Amended Agreement and this Memorandum of Agreement including withoutlimitation the provisions recited and set forth above and all other obligations agreementscovenants conditions and restrictions set forth in the Amended Agreement and thisMemorandum of Agreement are hereby agreed by the Developer and the City to be covenantsrunning with the land and enforceable as equitable servitudes against the Site and are herebydeclared to be and shall be binding upon the Property and the Developer and the successors andassigns ofthe Developer owning all or any portion of the Property for the benefit of the Cityexcept that a City approved written assignment by the Vertical BuilderPurchaser shall relieveDeveloper of its obligations under the Amended Agreement for that portion ofthe Property4 Acknowledgement and Assumption by Developer

The Developer hereby acknowledges and assumes all responsibilities placed upon theDeveloper under the terms ofthe Amended Agreement

5 Public Documents

The documents constituting the Amended Agreement are public documents and may bereviewed at the official offices ofthe City

6 Interpretation Notice

This Memorandum of Agreement is prepared for recordation and notice purposes onlyand in no way modifies the terms conditions provisions and covenants of the AmendedAgreement In the event of any inconsistency between the terms conditions provisions andcovenants of this Memorandum of Agreement and the Amended Agreement the termsconditions provisions and covenants ofthe Agreement shall prevail7 Attachments

Exhibit A to this Memorandum of Agreement is hereby incorporated by this reference asthough fully set forth in this Section

IN WITNESS WHEREOF the parties have signed this Memorandum ofAgreement as ofthe date first set forth above

CITY

CITY OF TUSTIN

Dated

ByWilliam A Huston City Manager

ATTEST

Pamela Stoker City Clerk

APPROVED ASTO FORM

By

By

Doug Holland City Attorney

Clay Gantz Special Counsel

Additional Signatures follow

DEVELOPER MARBLE MOUNTAIN PARTNERS LLCMOFFETT MEADOWS its sole member aDelaware limited liability companyPARTNERS LCC administrative memberaDelaware limited liability company

By

Its

By

Its

ACKNOWLEGMENT AND CONSENT OF ASSIGNEES TOMEMORANDUM OF FIRST AMENDMENT

The Undersigned as assignees of portions of the property subject to theHousing Agreement as amended by the First Amendment to the Housing Agreement inaccordance with the assignment agreements referenced in Recital C hereof of the FirstAmendment to the Housing Agreement have consented to the Amended Agreement and thisMemorandum ofAgreement and agree to be bound thereby if and the extent such amendmentsaffect the property owned by them

ASSIGNEES


TUSTIN COVENTRY LLC aCalifornia Delaware limited liability companyBy Lennar Homes ofCalifornia IncaCalifornia corporation its managing Member

By

Name

Title

For Lots 8 10 and 12 of Finance and Conveyance Map No 16857LennarHomes ofCalifornia Inc aCalifornia corporation

By

Name

Title

For Lot 7 of Finance and Conveyance Map No 16857

William Lyon Homes Inc aCalifornia corporation

By

Name

Title

Dated

By

By

STATE OF CALIFORNIA

ssCOUNTY OF ORANGE

On before meNotary Public personally appeared

a

who proved to me on the basis ofsatisfactory evidence to be the persons whose names isareasubscribed to the within instrument and acknowledged to me thatheshetheyexecuted the sameinhishertheir authorized capacityies and that byhishertheirsignatureson the instrumentthe persons or theentity upon behalfofwhich thepersonsacted executed the instrument

I certify under PENALTY OF PERJURY under the laws of the State ofCalifornia thatthe foregoing paragraph is true and correct

WITNESS myhand and official seal

SignatureSeal

EXHIBIT A

TO MEMORADUM OF AGREEMENT

LEGAL DESCRIPTION OF THE PROPERTY

ADDENDUM TOHOMEBUYER NOTIFICATION

COLUMBUS SQUARE

This is an addendum Addendumsto the Homebuyer Notification Columbus Squarethe Homebuyer Notifrcadon executed by the undersigned 8uyer datedconcerning the purchase of real property known asHomesite of Tract No the Propertysin

Columbus Square the Development located in the City of Tustin County ofOrangetState of California fromandor its affiliated companies Selter The Development is part of amaster planneddevelopment called Columbus Square This Addendum modifies the HomebuyerNotification as set forth below Unless defined in this Addendum capitalized terms usedin this Addendum have the meanings given them in the Columbus Square HomebuyerDisclosure Statement the MasterDisclosure

Buyer acknowledges understands and accepts the following information

SALE RENT ANDOWNERSHIP PER MCAS TUSTIN SPECIFIC PLAN

Development within the Community was originally approved for sale and ownershiptenure only in accordance with Chapter393JS ofthe MCAS Tustin Specific Plan TheCity of Tustin has recently approved the development ofa forrent project within theCommunity as more particularly described below

COVENTRY COURT

An Active Adult project has been planned for the Community on Lot 26S ofTract No16581 which is located on Charleston and Cambridge Streets adjacent to Georgia Streetand Kensington Park Drive and is currently planned to consist ofapproximately 240 agerestricted apartment units Coventry Court Originally Coventry Court was designedas aforsale project in the Community however the current owner of Coventry Courthas obtained approval from the City of Tustin to develop Coventry Court as aforrentproject in the Community Buyer was notified ofthe possibility that rental housing couldbe located in Coventry Court in Section 23 ofthe Master Disclosure

As an Active Adult project each apartment unit Unitsmust be occupied by at leastone1 resident who is at least SS years ofage Coventry Court is required by the City toprovide a total of 1 S3 Units with affordability restrictions and 87 market rate Units Ofthe 1 S3 affordable Units Coventry Court is required to have S6 moderateincomerestricted Units 61 lowincome resMcted Units and 36 very lowincome restricted UnitsThe affordable housing restrictions are governed through entitlements and a housingagreement which maybe amended with City ofTustin approvalIt is currently anticipated that Coventry Court will be annexed into the Community andthe owner of the Coventry Court apartment complex will become a member of theCommunity Association and pay assessments to the Community Association on a 21

254033253SAM369DISCLSR 9245261102809

ratio In other words if annexed the owner of the Coventry Court apartment complexwould pay an amount equivalent to fifty percent 50 of the monthly CommonAssessments currently paid by each Owner of aHome in the Community for each Unit inthe apartment complex Buyer understands and acknowledges that due to the change indesign of Coventry Court from aforsale to a forrent project the amount of CommonAssessments that Buyer must pay to the Community Association are expected toincrease At this time it is not expected that the Common Assessments will increasemare than twenty percent 20 over the amount set forth in the currentbuildout budgetfor the Community however Seller makes no guarantees or warranties concerning thismatter

In the event Coventry Court is ever converted from aforrent to aforsale project theowners of the forsale condominium units shall be responsible for paying the sameCommon Assessments as all other Owners in the Community

Coventry Court is currently designed to have amenities such as a recreation building andswimming pool for use by Coventry Court owners residents and their guests IfCoventry Court has its own recreational facilities then all costs for the maintenance ofthese recreation facilities are the exclusive responsibility of the owner or residents ofUnits in Coventry Court As a result the recreational facilities located within CoventryCourt are not open to other Owners in the Community provided however the ownersand residents of the Units in Coventry Court will have the right to use the publicrecreational facilities located throughout the Community In addition if Coventry Courtis annexed into the Community as currently anticipated then the residents of CoventryCourt will have the right to use the Community Associationsprivate recreationalfacilities

This Addendum supplements the disclosures contained in the Homebuyer NotificationThe Homebuyer Notification as modified by this Addendum is hereby ratified and shallcontinue in effect

Buyer has read and understands the matters set forth in this Addendum and Buyer hasreceived acopy for Buyers records Buyer acknowledges and agrees that Buyer is solelyresponsible to make certain that Buyer understands the contents of this Addendum andBuyer will take whatever steps are necessary to do so including without limitationconsulting an attorney interpreter or any other person whose advice or assistance may benecessary to fully understand the matters set forth herein Buyer acknowledges thatSeller and Sellersrepresentatives have made no other representations or warrantiesregarding the matters described above Buyer acknowledges that Buyer has consideredthe possible effect of such matters in Buyers decision to purchase a Home in theCommunity

ACKNOWLEDGED UNDERSTOOD AND ACCEPTED

Date 200 BuyersofHomesite ofTract No

2254433253SAM369DSCLSR 9245261

102809

Print Name Print Name

2544332531SAM3691DISCLS819245261102809

Attachment F

Resolution Nos 4134 4136and 4137

RESOLUTION NO 4134

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFTUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVEDESIGN REVIEW 09024 AND CONDITIONAL USE PERMIT 09024AUTHORIZING THE DEVELOPMENT OF A 240UNIT SENIORAPARTMENT RESIDENTIAL COMPLEX AGE RESTRICTED TOPERSONS OF 55 YEARS OR OLDER INCLUDING 153 AFFORDABLEUNITS WITH A PARKING STANDARD OF 17 SPACES PER UNITRECREATION CENTER AND ASSOCIATED INFRASTRUCTURE ANDSITE IMPROVEMENTS ON LOT 265 OF TRACT 16581 WITHINPLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS TUSTINSPECIFIC PLAN ALSO REFERRED TO AS COVENTRY COURT INCOLUMBUS SQUARE AT TUSTIN LEGACY

The Planning Commission of the City of Tustin does hereby resolve as follows

The Planning Commission finds and determines as follows

A That a proper application for Design Review 09024 and ConditionalUse Permit 09024 Amendment to Tract Map 16581 and Amendmentto Concept Plan 03003 was submitted by Lennar Corporation for thedevelopment of a 240unit senior apartment housing project for rentaltenure on a nine 9 acre site within Columbus Square within PlanningArea 4 and Planning Area 5 of the MCASTustin Specific Plan Lot 265of Tract 16581

B That the site is located in the MCAS Tustin Specific Plan land usedesignation of the General Plan which provides for residentialdevelopment and on Reuse Disposition Parcels 23 and 24 in PlanningAreas 4 and 5 of the MCAS Tustin Specific Plan which is designatedfor low and medium density residential

C That a public hearing on the matter was duly called noticed and heldfor said application on December 8 2009 by the PlanningCommission

D That the site is located within Tract 16581 previously approved by CityCouncil Resolution No 0540 and Concept Plan 03003 approved byPlanning Commission Resolution No 3951 for subdivision of 1055acres within Planning Areas 4 and 5 of the MCAS Tustin Specific Planfor the purpose of developing 1075 residential units including 240senior housing units for ownership tenure of which 153 units aredesignate as affordable units

PC Resolution No 4134DR 09024 and CUP 09024Page 2

E That pursuant to Condition 22 of Resolution No 0540 approving TTM16581 a Conditional Use Permit is required to permit a reduction in thenumber of onsite parking spaces from the required 225 spaces perunit to 17 spaces per unit Conditional Use Permit 05037 wasapproved in conjunction with Design Review 05019 authorizing aparking standard of 17 spaces per unit for the senior condominiumdevelopment

F That the senior housing project was originally approved by PlanningCommission Resalutian No 4014 as Design Review 05019 andConditional Use Permit 05037 authorizing development of 240 agerestricted senior housing units for ownership tenure and a parking ratioof 17 spaces per unit

G That pursuant to Condition 12 of Resolution No 4014 permits mustbe obtained and substantial construction underway within 24 months

H That some building permits were applied for approved and issuedand one 1 tenunit building was constructed but the developer chosenot to obtain additional permits or continue construction at CoventryCourt

I That since development at Coventry Court was discontinued DesignReview 05019 and Conditional Use Permit 05037 for Coventry Courtare considered null

J That the submitted plans are consistent with the plans that werepreviously approved by the Planning Commission and CommunityDevelopment Department except for tenure type which is proposed tochange from ownership to rental Pursuant to Sections 342A and345A of the MCAS Tustin Specific Plan development in Planning Area4 and 5 of apartments is a discretionary action requiring approval of aconditional use permit

K That new applications DR 09024 CUP 09024 and Amendments toTM 16581 and CP 03003 for continued development of the projectand change in tenure type from ownership to rental are proposed

L That although a new Design Review application is required for thesubject project all applicable conditions from City Council ResolutionNos 0540 far approval of Tentative Tract Map 16581 and 0617 forapproval of Final Tract Map 16581 remain applicable to DR 09024

M That the CitysTraffic Engineerrereviewed the parking demand analysisapproved under CUP05037 in conjunction with the proposed project for

PC Resolution No 4134DR 09024and CUP 09024Page 3

the development of 240 senior rental apartments and determined that thedifference in parking demand between a senior condominium for saleand senior apartment for lease project would be negligibleAccordingly the parking ratio of 17 spaces per unit approved underCUP05037 remains valid and applicable to the subject project CUP 09024

N That pursuant to the MCAS Tustin Specific Plan and Section 9272 of theTustin City Code the location size architectural features and generalappearance of the proposed development will not impair the orderly andharmonious development of the area the present or future developmenttherein or the occupancy as a whole in that

1 The proposed senior residential apartment development is apermitted use in Planning Areas 4 and 5 of the MCAS Tustin SpecificPlan subject to approval of a conditional use permit

2 As conditioned the proposed project is consistent with thedevelopment standards and design guidelines of the MCAS TustinSpecific Plan

3 As conditioned conformance with all other applicable developmentstandards including current California building codes will beverified by staff during plan check review

4 The proposed site and building improvements are substantiallyconsistent with plans previously approved by the PlanningCommission and Community Development Department

5 The location size architectural features and general appearance ofthe proposed development are consistent with and will not impair theorderly and harmonious development of the area the present orfuture development therein the occupancy thereof or the communityas a whole In making such findings the Commission has consideredat least the following items

a Height bulk and area of buildingsb Setbacks and site planningc Exterior materials and colorsd Type and pitch of roofse Size and spacing of windows doors and other openingsf Towers chimneys roof structures flagpoles radio and

television antennaegtocation height and standards of exterior illuminationh Landscaping parking area design and traffic circulation

PC Resolution No 4134DR 09024 and CUP09024Page 4

i Location and appearance of equipment located outside anenclosed structure

j Location and method of refuse storagek Physical relationship of proposed structures to existingstructures in the neighborhoodI Appearance and design relationship of proposed structures to

existing structures and possible future structures in theneighborhood and public thoroughfares

m Proposed signagen Development Guidelines and criteria as adopted by the CityCouncil

O That pursuant to Tustin City Code Section 9291 the proposed seniorapartment housing development with a parking ratio of 17 spaces perunit will not be detrimental to the health safety morals comfort orgeneral welfare of the persons residing or working in the neighborhoodnor be injurious or detrimental to the property and improvements in theneighborhood of the subject property or to the general welfare of the Cityof Tustin in that

Multifamily residential apartment housing is a permitted use inPlanning Areas 4 and 5 of the MCAS Tustin Specific Plan subject toapproval of a conditional use permit2 The 240unit senior apartment project is in conformance with theMCAS Speck Plan including the limitation of rental units to amaximum 25 percent of the total number of units permitted in theTustin portion of the Specific Plan

3 The change from ownership to rental tenure will not result in achange in the design operational characteristics or intent of theproject as previously considered and approved

4 The aging and elderly are idented in the Housing Element of theCitysGeneral Plan as a growing special needs population in the CityThe Housing Element identified Coventry Court as an implementationproject to meet the Cityshousing projections and goals5 The project as proposed remains an agerestricted senior project andwill benefit the target population as originally intended6 The 153 affordable housing units will be provided just as originallyapproved in terms of number location size bedroom counts andincome level in conformance with the approved Housing Agreementand Affordable Housing Plan for Columbus Square


7 Approval of the project for rental tenure will allow for the project toprogress and deliver the affordable housing units to the market in amore timely manner and in conformance with the requirement forreasonable proportionality in development of marketrate andaffordable housing units

8 A parking demand analysis utilizing a parking ratio of 17 spaces perunit was previously approved for senior condominiums as CUP 05037 by Resolution No 4014 has been rereviewed by the CitysTraffic Engineer in conjunction with the subject project and has beendetermined to be satisfactory adequate and applicable to the projectas proposed for senior apartments

P That the subdivision of 1055 acres and development of1075 residentialunits at the Columbus Square site including 240 multiple family attachedsenior housing units for ownership tenure was approved under ConceptPlan CP 03003 by Planning Commission Resolution No 3951 underTentative Tract Map TTM 16581 by City Council Resolution No 0540and Final Tract Map FTM 16581 by City Council Resolution No 0617The project proposed as rental units necessitates text amendments toCP 03003 and TTM 16581 and FTM 16581 to ensure consistency ofthe approved housing tenure type from ownership to rental senior unitsand that the necessary amendments are determined to be consistentwith the intent of the approved Concept Plan and Tract MapQ That this project is determined to be exempt from additional CEQAreview pursuant to California Government Code Section 65457 whichprovides that once the EIR has been certified and the specific planadopted any residential development project that is undertaken toimplement and is consistent with the specific plan is exempt fromadditional CEQA review

On January 16 2001 the City of Tustin certed the Program FinalEnvironmental Impact StatementEnvironmental Impact Report for theReuse and Disposal of MCAS Tustin FEISEIR which evaluated theenvironmental impacts of the reuse and disposal of MCASTustin inconjunction with the adoption of a Speck Plan On February 3 2003the Tustin City Council adopted Ordinance No 1257 which adopted theMCAS Tustin Specific Plan On April 3 2006 the City Council adoptedResolution No 0643 approving an Addendum to the FEISEIR for theDisposal and Reuse of MCAS Tustin The FEISEIR and its Addendumconsidered the potential environmental impacts associated withdevelopment on the former Marine Corps AirStation Tustin

The development of Coventry Court at Columbus Square is a residential


development project that is being undertaken to implement and isconsistent with the MCAS Tustin Specific Plan as amended Nosubstantial changes in the project or circumstances under which it isbeing undertaken have occurred and no new information which was notknown at the time the EIR was certified or amended has becameavailable Therefore the proposed project is exempt from additionalenvironmental review under CEQA

II The Planning Commission hereby recommends that the City Councilapprove Design Review 09024 and Conditional Use Permit 09024 fordevelopment of a 240unit senior housing project age restricted forpersons of 55 years or older for rental tenure utilizing a parking standardof 17 spaces per unit on Lot 265 of Tract 16581 including 153 affordablehousing units recreation center and associated infrastructure and siteimprovements subject to the conditions contained in Exhibit A attachedhereto

PASSED AND ADOPTED at a regular meeting of the Tustin PlanningCommission held on the 8th day of December 2009

STEVE KOZAKChairperson

ELIZABETH A BINSACKPlanning Commission SecretarySTATE OF CALIFORNIACOUNTY OF ORANGECITY OF TUSTIN

I ELIZABETH A BINSACK the undersigned hereby certify that I am thePlanning Commission Secretary of the Planning Commission of the City ofTustin California that Resolution No 4134 duly passed and adopted at a regularmeeting of the Tustin Planning Commission held on the 8th day of December2009

tLIZABETH A BINSACKPlanning Commission Secretary

EXHIBIT ARESOLUTION NO 4134

DESIGN REVIEW09024 AND CONDITIONAL USE PERMIT 09024CONDITIONS OF APPROVAL

GENERAL

1 11 The proposed project shall conform with the Tustin City Code and Tustinguidelines and standards and be consistent with submitted plans for theproject date stamped December 8 2009 on file with the CommunityDevelopment Department except as herein modified or as modified by theDirector of Community Development in accordance with this Exhibit TheDirector of Community Development may also approve minor modificationsto plans during plan check if such modifications are consistent with theprovisions of the Tustin City Code and other applicable codes

1 12 Unless otherwise specified the conditions contained in this Exhibit shall becomplied with as specked or prior to the issuance of any building permits forthe project subject to review and approval by the Community DevelopmentDepartment

1 13 The subject project approval shall become null and void unless permits forthe proposed project are issued and substantial construction is underwaywithin twelve 12 months All time extensions may be considered if awritten request is received within thirty 30 days prior to expiration date

1 14 Approval of Design Review 09024 Conditional Use Permit 09024Amendment to Tract Map 16581 and Amendment to Concept Plan 03003is contingent upon the applicant returning to the Community DevelopmentDepartment a notarized Agreement to Conditions Imposed form and theproperty owner signing and recording with the County CterkRecorder anotarized Notice of Discretionary Permit Approval and Conditions ofApproval form The forms shall be established by the Director ofCommunity Development and evidence of recordation shall be provided tothe Community Development Department

SOURCE CODES1 STANDARD CONDITION 5 RESPONSIBLE AGENCY REQUIREMENT2 CEQA MITIGATION 6 LANDSCAPING GUIDELINES3 UNIFORM BUILDING CODES 7 PCCCPOLICY4 DESIGN REVIEW EXCEPTION


1 15 As a condition of approval of Design Review 09024 Conditional UsePermit 09024 Amendment to Tract Map 16581 and Amendment toConcept Plan 03003 the applicant shall agree at its sole cost andexpense to defend indemnify and hold harmless the City its officersemployees agents and consultants from any claim action or proceedingbrought by a third party against the City its officers agents andemployees which seeks to attack set aside challenge void or annul anapproval of or conditions imposed by the City Council the PlanningCommission or any other decisionmaking body including staffconcerning this project The City agrees to promptly notify the applicant ofany such claim or action filed against the Clty and to fully cooperate in thedefense of any such action The City may at its sole cost and expenseelect to participate in defense of any such action under this condition

1 16 Any violation of any of the conditions imposed is subject to issuance of anAdministrative Citation pursuant to Tustin City Code Section 1162a

1 17 The applicant shall be responsible for costs associated with any necessarycode enforcement action including attorney fees subject to the applicablenotice hearing and appeal process as established by the City Council byordinance

1 18 The project approval is for 240 senior housing units age restricted topersons of 55 years or older for rental tenure utilizing a parking ratio of 17spaces per unit including 153 affordable units recreation center andinfrastructure and site improvements Any changes to the projectdescription scope or affordable housing plan shall require further reviewand approval by the City

19 The subject project approval requires the approval and execution of anamendment to the Housing Agreement including approval and executionof a Regulatory Agreement for the project by Tustin Coventry SeniorsLLC and Affordable Housing Plan by the City Council in form and contentapproved by the Redevelopment Agency City Attorney and CitysSpecialReal Estate Counsel Should amendments to the Housing Agreement andAffordable Housing Plan not be approved by the City Council the subjectapproval shall become null and void

110 All applicable conditions of City Council Resolution Nos 0540 approvingTTM 16581 density bonus and affordable housing transfer and 0617approving FTM 16581 and Planning Commission Resolution No 3953approving DR 04006 for the Columbus Square community shall remainapplicable to Design Review 09024 Conditional Use Permit 09024Amendment to Tract Map 16581 and Amendment to Concept Plan 03003as may be modified herein or in Planning Commission Resolution Nos 4136andor 4137


111 The senior apartment development is proposed to be developed strictly asa senior complex with parking concession of 17 parking ratio per unitAccordingly the senior apartment development shall be restricted toseniors of 55 years or older for the life of the project An age restrictedcovenant running with the land shall be reviewed and approved by theCommunity Development Director and shall be recorded by the applicantprior to issuance of a building permit

DESIGN REVIEW

4 112 The applicant shall clearly demonstrate compliance with all applicabledevelopment standards of the MCAS Tustin Specific Plan and the TustinCity Code on construction drawings at the time ofplan check submittal

4 113 Architecturally compatible roof screening shall be incorporated into thebuilding design similar and comparable to the roof screens that have beenprovided at the constructed model building on site Details of proposed roofscreens shall be provided in the construction drawings at the time of plancheck submittal

4 114 Production plans shall incorporate additional chimneys as necessary to beconsistent with the approved conceptual roof plansGRADING PLAN SUBMITTAL

1 21 Four 4 sets of final grading plans including a site plan and consistentwith the landscaping plans as prepared by a registered civil engineershall be submitted and shall include the followingA Technical details and plans for all utility installations includingtelephone gas water and electricityB Three 3 copies of a precise soils report provided by a civilengineer and less than one 1 year old Expanded informationregarding the levels of hydrocarbons and ground watercontamination found onsite shall be provided in the soil report Allpavement R values shall be in accordance with applicable City ofTustin standardsC Information demonstrating that all site drainage shall be handledonsite and shall not be permitted to drain onto adjacent propertiesD Information demonstrating that drainage vegetation circulationstreet sections curbs gutters sidewalks and storm drains shallcomply with the City of TustinsConstruction Standards for PrivateStreets Storm Drain and OnSite Private Improvements revisedApril 1989E Two 2 copies of a hydrology reportF information demonstrating that vehicle parking primary entrance tothe building primary paths of travel sanitary facilities drinkingfountain and public telephones for the recreation building shall be


accessible to persons with disabilitiesG Building and landscape setback dimensions and dimensions for alldrive aisles back up areas each covered parking stall and openparking stalls

1 22 The engineer of record must submit a final compaction report to theBuilding Division for review and approval prior to the issuance of a buildingpermit

1 23 The engineer of record must submit a pad certification to the BuildingDivision for review and approval prior to the issuance of a building permit1 24 Prior to issuance of a grading permit the applicant shall be required toprovide a performance band to assure grading work is completed inaccordance with approved plans The engineersestimated cost shall besubmitted to the Building Official for determination of the bond amount

1 25 A note shalt be provided on the final plans indicating that a six 6 foot highchain link fence shall be installed around the site prior to grading A nylonfabric or mesh shall be attached to the temporary construction fencingGated entrances shall be permitted along the perimeter of the site forconstruction vehicles

BUILDING PLAN SUBMITTAL

3 31 At the time of building permit application the plans shall comply with thelatest applicable codes City Ordinances State Federal laws andregulations as adopted by the City Council of the City of Tustin

3 32 Building plan check submittal shall include the followingSeven 7 sets of construction plans including drawings formechanical plumbing and electricalStructural calculations two 2copiesTitle 24 energy calculations two 2 copiesElevations that include all proposed dimensions materials colorsfinishes and partial outlines of adjacent buildings onsite and offsitewhere applicableDetails for the proposed windows and doorsRoofing material shall be fire rated class B or betterThe location of any utility vents or other equipment shall be providedon the roof planDetails of all proposed lighting fixtures and a photometric studyshowing the location and anticipated pattern of light distribution of allproposed fixtures All new light fixtures shall be consistent with thearchitecture of the building All exterior lighting shall be designed andarranged as not to direct light or glare onto adjacent propertiesincluding the adjacent streets Wall mounted fixtures shall be directed

PC Resolution No 4134DR 09024and CUP 09024Page 5

at a 90degree angle directly toward the ground All lighting shall bedeveloped to provide a minimum of one 1 footcandle of lightcoverage in accordance with the CitysSecurity OrdinanceA note shall be provided on the plans that All parking areas shall beilluminated with a minimum of one 1 footcandle of light and lightingshall not produce light glare or have a negative impact on adjacentpropertiesCrosssection details showing the installation of the proposed rooftopequipment Rooftop equipment shall be installed and maintained so asnot to be visible from the public rightofway An elevation showingrooftop equipment installation related to the height of the parapet andproposed equipment must be identified at plan check submittal and allequipment must be six 6 inches below the top of the parapet subjectto the approval of the Community Development DirectorNoise attenuation features as required under the Noise section of thisResolutionNote on plans that no field changes shall be made without priorapproval from the Building Official and architect or engineer ofrecord

1 33 Sufficiently sized concrete pad in front of mailbox structures shall beprovided to allow mail carrier to place mail and homeowner to retrieve mailwithout standing in the street or landscape area

3 34 Vehicle parking primary entrance to the pool and recreational building theprimary path of travel sanitary facilities drinking fountains and publictelephones shall be accessible to persons with disabilities as per State ofCalifornia Accessibility Standards Title 24 Parking for disabled personsshall be provided with an additional five 5 foot loading area with stripingand ramp disabled persons shall be able to park and access the buildingwithout passing behind another car At least one 1 accessible space shallbe van accessible served by a minimum 96 inch wide loading area

3 35 The clear and unobstructed interior garage dimensions for each parkingspace shall be a minimum of ten 10 feet in width and twenty 20 feet inlength and shall be shown on the plans

4 36 Information to ensure compliance with requirements of the Orange CountyFire Authority shall be submitted including fire flow and installation of firehydrants subject to approval of the City of Tustin Public Works andorIrvine Ranch Water District

1 37 If determined feasible by the Building Official the applicant shallimplement one or more of the following control measures if not alreadyrequired by the SCAQMD under Rule 403 during construction as followsa Apply water twice daily or chemical soil stabilizers according tomanufacturers specifications to all unpaved parking or staging areasor unpaved road surfaces at all actively disturbed sites


b Develop a construction traffic management plan that includes but isnot limited to rerouting construction trucks off congested streetsconsolidating truck deliveries and providing dedicated turn lanes formovement of construction trucks and equipment onsite and offsite

c Use electricity from power poles rather than temporary diesel orgasolinepowered generators

d Reduce traffic speeds on all unpaved roads to 15 mph or less

e Pave construction roads that have a traffic volume of more than 50daily trips by construction equipment or 150 total daily trips for allvehicles

f Apply approved chemical soil stabilizers according to manufacturersspecifications to all inactive construction areas previously gradedareas inactive for four days or more

g Enclose cover water twice daily or apply approved soil bindersaccording to manufacturers specifications to exposed piles of gravelsand or dirt

h Cover all trucks hauling dirt sand soil or other loose materials andmaintain at least two 2 feet of freeboard ie minimum verticaldistance between top of the load and top of the traileri Sweep streets at the end of the day if visible soil material is carriedover to adjacent roads use water sweepers with reclaimed water when

feasible

j Install wheel washers where vehicles enter and exit unpaved roadsonto paved roads or wash off trucks and any equipment leaving thesite each trip

k Use low VOC architectural coatings for all interior and exterior paintingoperations

PUBLIC WORKS DEPARTMENT

1 41 A separate 24 x 36 street improvement plan as prepared by a CaliforniaRegistered Civil Engineer shall be required for all construction within thepublic rightofway along Edinger Avenue and West Connector RoadConstruction andor replacement of any missing or damaged publicimprovements will be required adjacent to this development Said planshall include but not be limited to the following

a Curb and Gutterb Sidewalkc Drive apronsd Catch basinstorm drain laterals connection to existing storm drain


systeme Domestic water facilitiesf Reclaimed water facilitiesg Sanitary sewer facilitiesh Underground utility connections

In addition a 24 x 36 reproducible construction area traffic control planas prepared by a California Registered Traffic Engineer or Civil Engineerexperienced in this type of plan preparation may be required1 42 Preparation of plans for and construction of

a All sanitary sewer facilities shall be submitted as required by the CityEngineer and Irvine Ranch Water Districtb A domestic water system shall be designed and installed to thestandards of the Irvine Ranch Water District The adequacy andreliability of the water system design and the distribution of firehydrants shall be evaluated The water distribution system andappurtenances shall also conform to the applicable laws and adoptedregulations enforced by the Orange County Health Department Anyrequired reclaimed water system shall meet the standards as requiredby the Irvine Ranch Water District

1 43 The applicant shall comply and meet all conditions ofTract Map 16581

1 44 Prior to any work in the public rightofway an Encroachment Permit shallbe obtained from and applicable fees paid to the Public WorksDepartment

1 45 Any damage done to existing street improvements and utilities shall berepaired before issuance ofa certificate of Occupancy1 46 A complete hydrology study and hydraulic calculations shall be submittedfor review and approval by the City

1 47 In addition to the normal full size map and plan submittal process all finalmaps and development plans including but not limited to tract mapsparcel maps rightofway maps records of survey public worksimprovements private infrastructure improvements final grading plansand site plans are also required to be submitted to the Public WorksDepartmenbEngineering Division in computer aided design and draftingCADD format The standard file format is AutoCAD Release 2007 orlatest version having the extension GDWG All layering and linotypeconventions are AutoCADbased latest version available upon requestfrom the Public Works DepartmentThe CADD files shall be submitted to the City at the time the plans areapproved and updated CADD files reflecting as built conditions shall be

PC Resolution No 4134DR 09024and CUP09024

Page 8

submitted once all construction has been completed No project bondswill be released until acceptable as built CADD files have been submittedto the City

1 48 Facility Solid Waste Collection and Recycling Plan

a Prior to approval of a site plan or the issuance of a building permitwhichever occurs first a Facility Solid Waste Collection and RecyclingPlan and a site plan covering the planned use o the facility shall besubmitted utilizing the applicable from and approved by the City ofTustin Public Works Department

b The applicant property owner andor tenants are required toparticipate in the Citysrecycling program

c Waste and Recycling collection facilities shall be equally and readilyaccessible by the property owners or tenantsd Waste and Recycling collection facilities must be placed in a location

that can be easily and safely accessed by the solid waste hauler whichutilizing either front loader or side loading equipment

e Adequate collection capability shall be provided to ensure thatcollection frequency shall not exceed four times per week forcommercial customers

f All trash enclosures shall utilize the Citys standard enclosure designedto accommodate at least two 24cubic yard bins with at least one 1bin reserved for recyclable materials

g Prior to the issuance of a building permit the Public Works Departmentshall review and approve the number of trash enclosures required toservice the project site

49 Condition of approval 41 of Resolution 0540 approving Tentative TractMap16581 which is incorporated into this approval requires that theapplicant fund its Fair Share Contribution to the Tustin Legacy BackboneInfrastructure Program The applicant shall fund and provide security forits Fair Share Contribution to the Tustin Legacy Backbone InfrastructureProgram as required by Condition of approval 41 of Resolution 0540including its Fair Share Contribution of the cost estimates of the TustinLegacy Backbone Infrastructure as adjusted by the Tustin City Councilon April 3 2006 and September 2 2008 and subject to future increasesin the Backbone Infrastructure Program costs and applicantsFair ShareContribution thereto


WATER QUALITY

1 51 This development shall comply with all applicable provisions of the City ofTustin Water Quality Ordinance and all Federal State and Regional WaterQuality Control Board rules and regulations

1 52 An updated Water Quality Management Plan WQMP shall be submittedand approved prior to issuance of grading permit The WQMP shall beprepared using the CitysWQMP Guidelines The applicant shall submit adeposit of270000 for the estimated cost for reviewing WQMP to the CityThe actual costs will be deducted from the deposit and the applicant shallbe responsible for any additional review cost that exceeded the deposit priorto issuance of grading permits Any unused portion of the deposit will berefunded to the applicant

CONSTRUCTION PHASING AND MODEL UNIT PLAN

1 61 The developer shall close and convert the model units constructed units tooccupancy within 90 days from the last unit rented

1 62 The applicant shall comply with the submitted phasing planLANDSCAPINGHARDSCAPE

1 71 Submit at plan check complete detailed landscaping and irrigation plansfor all landscaping areas including the model complex consistent withadopted City of Tustin Landscaping requirements The plans shall includethe following

Include a summary table identifying plan materials The plant tableshall list botanical and common names sizes spacing locationand quantity of the plant materials proposed

Show planting and berming details soil preparation staking etcThe irrigation plan shall show location and control of backflowprevention devices pipe size sprinkler type spacing andcoverage Details for all equipment must be provided

Shaw all property lines on the landscaping and irrigation planspublic rightofway areas sidewalk widths parkway areas and walllocations

The Community Development Department may request minorsubstitutions of plant materials or request additional sizing orquantity of materials during plan check


Add a note that coverage of landscaping and irrigation materials issubject to inspection at project completion by the CommunityDevelopment Department

Turf is unacceptable for grades over 25 percent A combination ofplanting materials shall be used On large areas ground coveratone is not acceptable

Shrubs shall be a minimum of five 5 gallon size and shall beplaced a maximum of five 5 feet on center

Fences wall and equipment areas shall be screened with wallsvines andor trees

All plant materials shall be installed in a healthy vigorous conditiontypical to the species and shall be maintained in a neat and healthycondition Maintenance includes but is not limited to trimmingweeding removal of litter fertilizing regular watering andreplacement of diseased or dead plants

Landscape adjacent to the rightofway shall be in compliance withthe requirements of MCAS Tustin Specific Plan Perimeter wallsshould be treated with vines to relieve large expanse walls withgreenery and color Vines shall be informally grouped and installedwith training devices

4 72 Onsite walls and fences shall be noted on the plans with specificmaterials colors and decorative treatments Interior wallfences shall bemade of durable materials subject to review and approval of theCommunity Development Department

PARKING

81 The approved parking ratio of 17 parking spaces per unit is contingent onthe property remaining a senior housing complex for persons of 55 yearsand older The project shall provide a minimum of 409 parking spacesincluding a minimum of 200 onecargarage spaces and 40 carports 130open guest parking stalls 28 parallel street parking 10 ADA accessibleparking spaces and 1 ADA van accessible parking space

RENTER NOTIFICATION

1 91 The applicant shall submit to the Community Development Department forreview and approval a renter notification document that includes thenotifications listed below The notification document shall be signed byeach renters prior to occupancy and a copy of the signed notificationshall be provided to the Community Development Department prior to finalinspection andor issuance of each Certificate of Occupancy


A A notice for roadway trail and train noise that may impact the projectincluding roadway noise associated with Edinger Avenue North LoopRoad Kensington Park Drive and train noise associated with the railcorridor north of the project The notice shall indicate the currentnumber of trains per day 59 and the estimated to increase to over100 trains on a 24 hour basis by the year 2020 The notice shallindicate that additional building upgrades may be necessary for noiseattenuation This determination is to be made as architecturaldrawings become available andor where fieldtesting determinesinadequate noise insulation

B A notice to be reviewed by the City of Tustin and the Tustin UnifiedSchool District regarding the location of existing and proposedelementary middle and high schools which will serve the subdivisiontext and map and advice to renters that proposed school sites maynever be constructed

C A notice regarding units that are adjacent to aboveground utilities orstructures such as light standards and fire hydrants identifying thetype of structure and their locations

D A notice indicating that any use of a residence for a business shall besubject to the Citys Home Occupation Ordinance and may requirezoning clearance and a business license

E A notice indicating that public use of a minimum one 1 acre or moreportion of the park site to be maintained by the homeownersassociation will be allowed and noting public ingress and egressthrough the subdivision will be provided for access to the park

F A notice explaining the easements facilities amenities anddedications that will be provided on lettered lots and indicating all onsite streets alleys paseos and common areas are to be maintainedby the homeowners association

G A notice to be approved by the City Attorney indicating that neitherthe site nor the project nor any part thereof any street or sidewalkalleyway or paseo thereon shall be privately gated provided howeverthat any swimming pool andor spa facility within the common areaand any indoor common area improvements including any clubhouseand bathrooms may be gated or locked and made available solely toresidents of the project and their guests

H A notice indicating that surrounding properties may be developed inaccordance with City ordinances in a manner which may partially ortotally obstruct views from the renters unit and that the City of Tustin

PC Resolution No 4134DR 09024and CUP09024Page 12

makes no claim warranty or guarantee that views from any unit willbe preserved as development of surrounding properties occurs

I A notice explaining that 153 affordable housing units will be dispersedthroughout the project site These units will remain affordable for aperiod offiftyfive 55 years or longer

J A notice explaining the phasing of construction within the project siteand surrounding subdivison and that activity may be disruptive

K A notice that the project is located adjacent to a future fire station siteat the southwest corner of Edinger Avenue and Kensington Park Driveand that the station will be operating 24 hours

ORANGE COUNTY FIRE AUTHORITY

5 101 Prior to the issuance of any grading the applicant shall submit a firehydrant location plan to the Fire Chief for review and approval

5 102 Prior to the issuance of a building permit the applicant shall submitevidence of the onsite fire hydrant system to the Fire Chief and indicatewhether it is public or private If the system is private it shall be reviewedand approved by the Fire Chief prior to building permit issuance and theapplicant shall make provisions for the repair and maintenance of thesystem in a manner meeting the approval of the Fire Chief Please contactthe OCFA at 714 5736100 or visit the OCFA website for a copy of theGuidelines for Private Fire Hydrant or Sprinkler Underground Piping

5 103 Prior to the issuance of any certificate of occupancy all fire hydrants shallhave a blue reflective pavement marker indicating the hydrant location onthe street as approved by the Fire Chief and must be maintained in goodcondition by the property owner Please contact the OCFA at 714 5736100 or visit the OCFA website for a copy of the Guideline for Installationof Blue Dot Hydrant Markers

5 104 Prior to the issuance of any grading the applicant shall provide evidenceof adequate fire flow The Orange County Fire Authority WaterAvailability for Fire Protection form shall be signed by the applicablewater district and submitted to the Fire Chief for approval If sufficientwater to meet fire flow requirements is not available an automatic fireextinguishing system may be required in each structure affected

5 105 Prior to the issuance of building permits a note shall be placed on theplans stating that all residential structures R1 occupancies and anystructure exceeding6000 square feet per amendment shall be protectedby an automatic fire sprinkler system in a manner meeting the approval ofthe Fire Chief


5 106 Prior to the issuance of a building permit the applicant shall submit plansfor any required automatic fire sprinkler system in any structure to the FireChief for review and approval Please contact the OCFA at 714 5736100 for additional information

5 107 Prior to the issuance of a certificate of occupancy this system shall beoperational in a manner meeting the approval ofthe Fire Chief

5 108 Prior to the issuance of anygrading or building permits the applicant shallobtain approval of the Fire Chief for all fire protection access roads towithin 150 feet of all portions of the exterior of every structure on sitePlease contact the OCFA at 714 5736100 or visit the OCFA website toobtain a copy of the Guidelines for Emergency Access or Bulletinnumber 0899 Fire Department Access Requirements for A SingleFamily Residence

5 109 Prior to the issuance of a precise grading permit or building permit theapplicant shall submit and obtain approval of the Fire Chief and City Staffof plans far all public or private access roads streets and courts Theplans shall include plan and sectional views and indicate the grade andwidth of the access road measured flowline to flowline When adeadend street exceeds 150 feet or when otherwise required a clearly markedfire apparatus access turnaround must be provided and approved by theFire Chief Applicable CCRS or other approved documents shall containprovisions which prohibit obstructions such as speed bumpshumpscontrol gates or other modifications within said easement or access roadunless prior approval of the Fire Chief is granted Please contact theOCFA at 714 5736100 or visit the OCFA website to obtain a copy of theGuidelines for EmergencyAccess

5 1010 A note shall be placed on the fire protection access easement planindicating that all streetroad signs shall be designed and maintained to beeither internally or externally illuminated in a manner meeting approval ofthe Fire Chief

5 1011 Prior to the issuance of any grading or building permits the applicant shallsubmit plans and obtain approval from the Fire Chief for fire lanes onrequired fire access roads less than 36 feet in width The plans shallindicate the locations of red curbs and signage and include a detail of theproposed signage including the height stroke and colors of the letteringand its contrasting background Please contact the OCFA at 714 5736100 or visit the OCFA website to obtain a copy of the Guidelines forEmergency Access Roadways and Fire Lane Requirements or Bulletin0699 Fire Lane Requirements on Private Public Streets WithinResidential Developments

5 1012 Priorto the issuance of any certificate of occupancy the 1ire lanes shall beinstalled in accordance with the approved fire lane plan The CCRS or


other approved documents shall contain a fire lane map provisionsprohibiting parking in the fire lanes and an enforcement method

5 1013 Prior to the issuance of any grading permits the applicant shall obtain theapproval from the Fire Chief for the construction of any gate acrossrequired fire department access roads Please contact the OCFA at 7145736100 or visit the OCFA website to obtain a copy of the Guidelines forDesign and Installation of Emergency Access Gates and Barriers

5 1014 Prior to the issuance of a building permit for combustible construction thebuilder shall submit a letter on company letterhead stating that water forfirefighting purposes and allweather fire protection access roads shall bein place and operational before any combustible material is placed on siteBuilding permits will not be issued without OCFA approval obtained as aresult of an onsite inspection Please contact the OCFA at 714 5736100 to obtain a copy of the standard combustible construction letter

5 1015 Prior to the issuance of a building permit the applicant shall submitarchitectural plans for the review and approval of the Fire Chief if requiredper the Orange County Fire Authority Plan Submittal Criteria FormPlease contact the OCFA at 714 5736100 for a copy of theSiteArchitectural Notes to be placed on the plans prior to submittal

5 1016 Prior to the issuance of a building permit plans for the fire alarm systemshall be submitted to the Fire Chief for review and approval Pleasecontact the OCFA at 714 5736100 or visit the OCFA website to obtain acopy of the Guideline for New and Existing Fire Alarm Systems

5 1017 This system shall be operational prior to the issuance of a certificate ofoccupancy

NOISE

1 111 Noise attenuation measures as recommended by the noise analysis shallbe included with the construction drawings for plan check which ensure aminimum outdoorindoor transmission class OITC of 37 The interior andexterior noise levels including balconies of six feet in width shall complywith City of Tustin noise requirements

1 112 In accordance with the noise analysis afl units are required to include airconditioning units or fresh air intake systems to achieve the minimuminterior noise level standards shall have these units installed prior toissuance of a Certificate of Occupancy Prior to final inspection andissuance of certificates of use and occupancy the developer shall providean independent noise analysis verifying that interior noise levels complywith Title 25 and City noise requirements

1 113 The perimeter sound walls are included as part of the master wall plansfor Columbus Square currently under review


PUBLIC SAFETY

4 121 Required lighting shall be installed so as notlandscaping and possible reduced lighting outputbe shown on lighting and landscape plans atsubmittal

ENVIRONMENTAL

to be in conflict withEvidence of such shalt

the time of plan check

1 131 Additional measures related to development of this project as noted in theadopted EISEIR including but not limited to the following

A Prior to issuance of a grading permit the developer shall retain aCountycertified archaeologist If buried resources are found duringgrading within the reuse plan area a qualed archaeologist wouldneed to assess the site significance and perform the appropriatemitigation The Native American viewpoint shall be consideredduring this process This could include testing or data recoveryNative American consultation shall also be initiated during thisprocess

6 The developer shall comply with the requirements established in a

Palentological Resource Management Plan PRMP prepared forthe site which details the methods to be used for surveillance ofconstruction grading assessing finds and actions to be taken inthe event that unique paleontological resources are found

C Prior to the issuance of a grading permit the applicant shall providewritten evidence to the Community Development Department that aCountycertified paleontologist has been retained to conductsalvage excavation of unique paleontological resources if they arefound

D Prior to issuance of any permit the developer shall provide trafficoperations and control plans that would minimize the traffic impactsof proposed construction activity The plans shall address roadwayand lane closures truck hours and routes and notificationprocedures for planned shortterm or interim changes in trafficpatterns Such plans shall minimize anticipated delays at majorintersections Prior to approval the City of Tustin or the City ofIrvine as applicable shall review the proposed traffic control andoperations plans with any affected jurisdiction

FEES

15 141 Prior to issuance of any building permits payment shall be made of all


applicable fees including but not limited to the following Payment shall berequired based upon those rates in effect at the time of payment and aresubject to change

a Building plan check and permit fees to the Community DevelopmentDepartment based on the most current schedule at the time of permitissuance

b Engineering plan check and permit fees to the Public WorksDepartment based on the most current schedule at the time of permitissuance

c Orange County Fire Authority plan check and inspection fees to theCommunity Development Department based upon the most currentschedule at the time of permit issuance

d Major Thoroughfare and Bridge Fees to the Tustin Public WorksDepartment based on the most current schedule at the time ofpermit issuance

e Transportation System Improvement Program TSIP Benefit AreaB fees in the amount of 331 per square foot of new or addedgross square floor area of construction or improvements to theCommunity Development Department

f Water and sewer connection fees to the Irvine Ranch WaterDistrict

g New development tax in the amount of 35000 per unit plus10000 per bedroom over one 1 bedroom in each unit

h School facilities fee in the amount as required by Tustin UnfiedSchool District

is Other applicable parkland inlieu fees and Tustin Legacy BackboneInfrastructure Program fees as required by Resolution No 0540

1 142 Within fortyeight 48 hours of final approval of the project the applicantshall deliver to the Community Development Department a CASHIERSCHECK payable to the County Clerk in the amount of fifty dollars5000 to enable the City to file the appropriate environmentaldocumentation for the project If within such fortyeight 48 hour periodthat applicant has not delivered to the Community DevelopmentDepartment the abovenoted check the statute of limitations for anyinterested party to challenge the environmental determination under theprovisions of the California Environmental Quality Act could besignificantly lengthened

RESOLUTION N04136

A RESOLUTION OF THE PLANNING COMMISSIONRECOMMENDING THAT THE CITY COUNCILAPPROVE AMENDMENT TO CONCEPT PLAN 03003 TO REFLECT A CHANGE IN TENURE FROMOWNERSHIP TO RENTAL FOR THE PROPOSED240UNIT AGERESTRICTED SENIOR HOUSINGCOMPLEX ON LOT 265 OF TRACT 16581COVENTRY COURT IN COLUMBUS SQUARE ATTUSTIN LEGACY



A That a proper application for Design Review 09024 andConditional Use Permit 09024 Amendment to Resolution No 0540 which approved Tract Map 16581 and Amendment to ResolutionNo 3951 which approved Concept Plan 03003 was submitted byLennar Corporation for the development of a 240unit seniorapartment housing project for rental tenure on a nine 9 acre sitewithin Columbus Square within Planning Area 4 and Planning Area5 of the MCASTustin Specific Plan Lot 265 of Tract 16581

B That the site is located is located within Tract 16581 previouslyapproved by City Council Resolution No 0540 in the MCAS TustinSpecific Plan land use designation of the General Plan whichprovides for residential development and on Reuse DispositionParcels 23 and 24 in Planning Areas 4 and 5 of the MCAS TustinSpecific Plan which is designated for low and medium densityresidential

C That a public hearing on the matter was duly called noticed andheld for said application on December 8 2009 by the PlanningCommission

D That on February 14 2005 the Planning Commission adoptedResolution No 3951 approving Concept Plan 03003 to subdivide1055 acres for the purpose of developing 1077 residential unitsincluding 84 Single Family Detached SFD 181 Carriage WaySFD 72 Multiple Family Attached senior housing for ownershiptenure for a total of 337 units at an average density of862 duacrein Planning Area 4 Parcel 23 and 18 carriage way units 552Multiple Family Attached MFR 170 Multiple Family Attachedsenior housing for ownership tenure for a total of 740 units at an

Resolution No 4136Amendment to Concept Plan 03003Page 2

Average density 1753 duacre for Planning Area 5 Parcel 24 ofthe MCAS Tustin Specific Plan

E That the submitted plans are consistent with the plans that werepreviously approved by the Planning Commission and CommunityDevelopment Department except for tenure type which is proposedto change from ownership to rental

F That the proposed project necessitates text amendments toResolution 3951 which approved Concept Plan 03003

G That the amendment to Concept Plan 03003 is in conformancewith the Tustin Area General Plan and MCAS Tustin Specific Planand approval of Concept Plan 03003 subject to conditionscontained in Resolution Nos 4134 and 4137 would achieve thedevelopment concepts set forth by the MCAS Tustin Specific Planincluding

1 Ensuring the continuity and adequacy of all circulationsystems such as roadways access points trailspedestrian ways and other infrastructure systems needed toserve the project

2 Ensuring the continuity and design quality of architecturelandscape and hardscape themes and treatments3 Providing urban design features as per Chapters 2 and 3 ofthe MCAS Tustin Specific Plan

4 Ensuring conformity with the NonResidential Land Use TripBudget and5 Ensuring compliance with all applicable provisions of theMCAS Tustin Specific Plan

II The Planning Commission hereby recommends that the City Councilapprove amendment to Concept Plan 03003 to reflect a change in tenurefrom ownership to rental for the proposed 240unitagerestricted seniorapartment housing project on a nine 9 acre site within Columbus Squarewithin Planning Area 4 and Planning Area 5 of the MCASTtastin SpecificPlan Lot 265 of Tract 16581 subject to the conditions of approvalattached hereto



Resolution No 4136Amendment to Concept Plan 03003Page 2

ELIZABETH A BINSACKPlanning Commission Secretary

STATE OF CALIFORNIACOUNTY OF ORANGECITY OF TUSTIN

I ELIZABETH A BINSACK thPlanning Commission SecretaryTustin California that Resolutionregular meeting of the TustinDecember 2009

e undersigned hereby certify that I am theof the Planning Commission of the City ofNo 4136 was duly passed and adopted at a

Planning Commission held on the 8th day



AMENDMENT TO CONCEPT PLAN 03003CONDITIONS OF APPROVAL

1 11 Concept Plan 03003 is approved for development of 1075residential units in Planning Area 4 and Planning Area 5 as follows

Planning Area 4Planning Area 5

Parcel 23 Parcel 2484 Single Family Detached SFD 18 Carriage Way units181 Carriage Way SFD 552 Multiple Family Attached MFR72 Multiple Family Attached Senior Housing 170 Multiple Family Attached Senior HousingTotal 337 units Total 740 unitsAverage density of862duacre Average density 1753duacre

12 The amendment to the approved concept plan and RegulatoryAgreement is subject to execution of the First Amendment to theHousing Agreement in conformance with the requirements of thedensity bonus application as approved by the City CouncilCondition 19 and 110 of Planning Commission Resolution No4134 and Condition 22 of Resolution No 4137

13 Resolution No 4136 shall became null and void in the event thatResolution Nos 4134 approving Design Review 09024 andConditional Use Permit 09024 and Resolution No 4137 approvingAmendment to the Tract Map 16581 are not approved by the CityCouncil

1 14 Approval of Amendment to Concept Plan 03003 shall becontingent upon alt conditions of approval contained withinResolution Nos 4134 and 4137

15 Condition of appraval 41 of Resolution 0540 approving TentativeTract Map16581 which is incorporated into this approval requiresthat the applicant fund its Fair Share Contribution to the TustinLegacy Backbone Infrastructure Program The applicant shall fundand provide security for its Fair Share Contribution to the TustinLegacy Backbone Infrastructure Program as required by Conditionof approval 41 of Resolution 0540 including its Fair ShareContribution of the cost estimates of the Tustin Legacy BackboneInfrastructure as adjusted by the Tustin City Council on April 32006 and September 2 2008 and subject to future increases in theBackbone Infrastructure Program costs and applicants Fair ShareContribution thereto

RESOLUTION NO 4137

A RESOLUTION OF THE PLANNING COMMISSIONOF THE CITY OF TUSTIN RECOMMENDING THATTHE CITY COUNCIL APPROVE AMENDMENT TORESOLUTION NO 0540 WHICH APPROVEDTENTATIVE TRACT MAP 16581 TO REFLECT ACHANGE IN TENURE FROM OWNERSHIP TORENTAL FOR THE PROPOSED 240UNIT AGERESTRICTED SENIOR HOUSING COMPLEX ONLOT 265 OF TRACT 16581 COVENTRY COURT INCOLUMBUS SQUARE AT TUSTIN LEGACY



A That a proper application for Design Review 09024 and ConditionalUse Permit 09024 Amendment to Resolution No 0540 whichapproved Tract Map 16581 and Amendment to Resolution No 3951which approved Concept Plan 03003 was submitted by LennarCorporation for the development of a 240unit senior apartmenthousing project for rental tenure on a nine 9 acre site withinColumbus Square within Planning Area 4 and Planning Area 5 of theMCAS Tustin Specific Plan Lot 265 of Tract 16581

B That the site is located in the MCAS Tustin Specific Plan land usedesignation of the General Plan which provides for residentialdevelopment and on Reuse Disposition Parcels 23 and 24 in PlanningAreas 4 and 5 of the MCAS Tustin Specific Plan which is designatedfor low and medium density residential uses

C That a public hearing on the matter was duly called noticed and heldfor said application on December 8 2009 by the PlanningCommission

D That the site is located within Tract 16581 previously approved by CityCouncil Resolution Nos 0540 and 0617 for subdivision of 1055acres within Planning Areas 4 and 5 of the MCAS Tustin Specific Planfor the purpose of developing 1075 residential units including 240senior housing units for ownership tenure

E That the applicant submitted a request to allow a change in tenurefrom ownership to rental for the proposed 240unit age restrictedsenior housing complex

F That the request is consistent with the previouslyapprovedproject andthe text changes are for consistency purposes and do not constitute asign cant change from the intent of the original approvals

Resolution No 4137Amendment to TTM 16581Page 2

G That the proposed project necessitates text amendments to ResolutionNo 0540 which approved Tentative Tract Map 16581

H That pursuant to the previouslyapproved Tract Map 16581 densitybonus and transfer of affordable housing units for Columbus Squarethe Columbus Square Housing Agreement and the Affordable HousingPlan for Villages of Columbus the senior housing project includes 153affordable housing units 36 Very Low 61 Low and 56 ModerateIncome units The proposed project includes the prescribed numberof affordable units identical in size location bedroom counts andincome levels as to the previously approved plans with the exception ofthe type oftenure

That this project is determined to be exempt from additional CEQAreview pursuant to Catifomia Government Code Section 65457 whichprovides that once the EIR has been certified and the specific planadopted any residential development project that is undertaken toimplement and is consistent with the specific plan is exempt fromadditional CEQA review

On January 16 2001 the City of Tustin certified the Program FinalEnvironmental Impact StatementEnvironmental Impact Report for theReuse and Disposal of MCAS Tustin FEISEIR which evaluated theenvironmental impacts of the reuse and disposal of MCASTustin inconjunction with the adoption of a Specific Plan On February 3 2003the Tustin City Council adopted Ordinance No 1257 which adopted theMCAS Tustin Speck Plan On April 3 2006 the City Council adoptedResolution No 0643 approving an Addendum to the FEISEIR for theDisposal and Reuse of MCAS Tustin The FEISEIR and its Addendumconsidered the potential environmental impacts associated withdevelopment on the former Marine Corps Air Station Tustin

The development of Coventry Court at Columbus Square is a residentialdevelopment project that is being undertaken to implement and isconsistent with the MCAS Tustin Specific Plan as amended Nosubstantial changes in the project or circumstances under which it isbeing undertaken have occurred and no new information which was notknown at the time the EIR was certified or amended has becomeavailable Therefore the proposed project is exempt from additionalenvironmental review under CEQA

II The Planning Commission hereby recommends that the City Councilapprove amendment to Resolution No 0540 which approved TentativeTract Map 16581 to reflect a change in tenure from ownership to rental forthe proposed 240unitagerestricted senior housing complex on Lot 265of Tract 16581 subject to the conditions contained in Exhibit A attachedhereto

Resolution No 4137Amendment to TTM 16581Page 3




STATE OF CALIFORNIACOUNTY OF ORANGECITY OF TUSTIN

I ELIZABETH A BINSACK the undersigned hereby certify that I am thePlanning Commission Secretary of the Planning Commission of the City ofTustin California that Resolution No 4137 duly passed and adopted at a regularmeeting of the Tustin Planning Commission held on the 8th day of December2009



AMENDMENT TO TENTATIVE TRACT MAP 16581CONDITIONS OF APPROVAL

GENERAL

1 11 All applicable conditions of City Council Resolution Nos 0540approving TTM 16581 a density bonus and affordable housingtransfer and 0617 approving FTM 1651 for the Columbus Squarecommunity shall remain applicable as herein modified

1 12 Approval of Resolution No 4137 is contingent upon the applicantreturning to the Community Development Department a notarizedAgreement to Conditions Imposed form and the property ownersigning and recording with the County ClerkRecorder a notarizedNotice of Discretionary Permit Approval and Conditions of Approvalform The forms shall be established by the Director of CommunityDevelopment and evidence of recordation shall be provided to theCommunity Development Department

13 The senior apartment development shall be restricted to seniors of55 years or older for the life of the project An agerestrictivecovenant running with the land shall be reviewed and approved bythe Community Development Director and shall be recorded by theapplicant prior to issuance of a building permit

14 Prior to issuance of a building permit the applicant shall submit anAddendum to Homebuyer Notification for Columbus Square and aletter that will be sent to all existing homeowners explaining thechange in Coventry Court Proof of mailing of the Addendum toHomebuyer Notification and the letter to existing homeowners shallbe submitted to the Community Development prior to finalinspection and occupancy

1 16 The applicant shall submit an amendment to Final Tract Map16581 ar a Certificate of Correction to reflect aged restricted toseniors of 55 years or older for review and approval Theamended Final Tract Map or Certificate of Correction shall berecorded prior to issuance ofa building permit

SOURCE CODES1 STANDARD CONDITION 5 RESPONSIBLE AGENCY REQUIREMENT2 CEQA MITIGATION 6 LANDSCAPING GUIDELINES3 UNIFORM BUILDING CODES 7 PCCC POLICY4 DESIGN REVIEW EXCEPTION1 17 Resolution No 4137 shall become null and void in the event that

Exhibit AResolution No 4137TTM 16581

Page 2

Resolution No 4134 approving Conditional Use Permit 09024 andDesign Review 09024 and Resolution No 4136 approvingamendment to Resolution No 3951 which approved Concept Plan03003 are not approved by the City Council

18 Condition of approval 41 of Resolution 0540 approving TentativeTract Map16581which is incorporated into this approval requiresthat the applicant fund its Fair Share Contribution to the TustinLegacy Backbone Infrastructure Program The applicant shall fundand provide security for its Fair Share Contribution to the TustinLegacy Backbone Infrastructure Program as required by Conditionof approval 41 of Resolution 0540 including its Fair ShareContribution of the cost estimates of the Tustin Legacy Backbonelnfrastructure as adjusted by the Tustin City Council on April 32006 and September 2 2008 and subject to future increases inthe Backbone Infrastructure Program costs and applicants FairShare Contribution thereto

AFFORDABLE HOUSING

21 The developer shall comply with the obligations contained inResolution No 0540 regarding affordable housing units Thesenior housing project shall contain a minimum of 153 affordableunits including 36 Very law 61 Low and 56 Moderate Incomeunits and at locations depicted on the previously approvedAffordable Housing Plan

22 The First Amendment to the Housing Agreement shall include aRegulatory Agreement as an exhibit to reflect rental tenure whichwill be required to be executed by Tustin Coventry Seniors LLCthe proposed owner of the project The First Amendment to theHousing Agreement shall be subject to approval of theRedevelopment Agency City Attorney and Citys Special RealEstate Counsel as to form and content and shall be executed andrecorded prior to issuance of any building permits Should the FirstAmendment to the Housing Agreement and Affordable HousingPlan not be approved by the City Council the subject approvalshall become null and void

23 Prior to issuance of any building permits an Assignment andAssumption Agreement of Tustin Coventry LLCs duties ofperformance under the Housing Agreement as amended shall beexecuted between Tustin Villas Partners LLC and TustinCoventry Seniors LLC on Lot 265 of Tract 16581 in a form andcontent approved by the Redevelopment Agency Community

exhibit AResolution No 4137TTM 16581

Page 3

Development Department City Attorney and Citys Special RealEstate Counsel and the Community Development Department24 The Affordable Housing Plan and Density Bonus Applicationdocument approved for the Columbus Square shall be amended toreflect the rental tenure and a clean copy of the document shall beprovided to the City and Redevelopment Agency for final reviewand approval prior to issuance of a building permit25 The 240unit project shall not feature a mix of housing tenureieownership and rental during the term of affordability outlined in theFirst Amendment to the Housing Agreement and any executedRegulatory Agreement

26 The affordable units in the project shall be available during thequaled project period outlined in the First Amendment to theHousing Agreement which shall be not less than 55 years

27 The affordable units shall comply with the Citys adopted LocalWorkforce Housing Preference Policy by granting current Tustinresidents or individuals employed within the city of Tustinpreference over an applicant who does not currently reside or isnot employed in the City of TustinFEES

31 The applicant shall submit all fees required by the City and otheragencies as idented in Resolution No 4134 including all Attorneyand Special Counsel fees associated with the review of the project

ATTACHMENT B

Letter from Lennar dated December 8 2009

requesting amendments to conditions of approval

December 8 2009

VIA HAND DELIVERY

Ms Elizabeth A Binsack

Community Development DirectorCity ofTustin300 Centennial WayTustin CA 92780

Re Planning Commission Review ofCUP09024 DR09024 Amendmentto Tract Map 16581 and Amendment to Concept Plan 03003

Dear Elizabeth

As you know Lennar Homes Lennar is a member ofTustin Coventry LLCthe LLC which is the applicant forpurposes ofConditional Use Permit09024Design Review09024 Amendment to Tract Map 16581 and Amendment to ConceptPlan 03003 collectively the Project Approvals currently scheduled to go before theCity ofTustinsCityPlanning Commission on December 8 2009 On behalfof theLLC we would like to thank City management and staff for working with the LLC to

bring this matter to the CitysPlanning Commission for consideration

Upon ourreview ofthe Agenda Report the draft Resolutions and conditions ofapproval for the Project Approvals we have several concerns andor matters ofclarification we would like topoint out for the Planning Commissionsconsideration atthe December Sa meeting The LLCsrequested modifications are reflected in underlineand strikethrough formatting below

Resolution No 4134 Condition No 19The LLC requests that the followingunderlined text be added The subject project approval requires the approval andexecutionof an amendment to theHousing Agreement including approval andexecution of a Regulatory Agreement for the project by Tustin Coventry SeniorsLLC or other owner ofthe subject property reasonably approved by the City anAffordable Housing Plan by the City Council in a form and contentapproved bythe Redevelopment Agency City Attorney and CitysSpecial Real EstateCounsel Should amendments to the Housing Agreement and Affordable HousingPlan not be approved by the City Council the subject approval shall become nulland void

Resolution No 4134 Condition No 49The LLC feels this condition has beenadded in error Moffet Meadows Partners LLC was the applicant for TentativeTract Map 16581 Tustin Coventry LLC was not the applicant for that map andtherefore the condition appears to improperly pass any Fair Share Contributionobligations under the CitysBackbone Infrastructure Program Program on to

California Coastal 25 Enterprise Suite 300 Aliso ViejoM1 CA 92656 Main 9493498000

Tustin Coventry LLC which is not a participant in the Program In additionTustin Coventry LLC as the applicant for this project was never subject toprovided invoices for or paid fees relating to any cost adjustments under theProgram in Apri12006 or September 2008 and has never been conditioned topayany future adjustments for the Program Therefore the LLC requests that thiscondition be removed in its entirety because it is confusing and improper

If however the Planning Commission is not willing to remove the condition in itsentirety the LLC requests that the following stricken language be removed from theCondition since the applicant was never subject to any Fair Share Allocation increasesunder the Program in 2006 or 2008 or any future increases under the Program

Condition of approval 41 of Resolution OS40 approvingTentative Tract Map 16581 which is incorporated into thisapproval requires that the applicant fund its Fair ShareContribution to the Tustin Legacy Backbone InfrastructureProgram The applicant shall fund any provide security forits Fair Share Contribution to the Tustin Legacy BackboneInfrastructure Program as required by Condition ofapproval 41 of Resolution OS4n ia ct

mile nn SBib nn8 a3 Zvcvsxz p vcv caicr

tkerete

If the Planning Commission is not willing to remove the condition in its entiretyor in the alternative remove the stricken language as reflected above then the LLCrequests that the following sentence be added to the end ofCondition No49

Nothing herein shall affect or prejudice the ri is of theparties in the nendin litigation of Marble MountainPartners LLC v Citof Tustin et al Case No 30200800116681 filed in Orange County Superior Court on

December 29 2008

Resolution No 4136 Exhibit ACondition No 15 Same comments as forResolution No 4134 Condition No 49 above

Resolution No 4137 Exhibit A Condition No 18 Same comments as forResolution No 4134 Condition No 49 above

If the condition regarding payment ofFair Shaee Allocation under the BackboneInfrastructure Program or references to the Apri12006 andor September 2008 increasesorfuture increases appeazs anywhere else in the Resolutions or Conditions ofApproval

California Coastal 25 Enterprise Suite 300 Aliso Viejo CA 92656 Main 9493498000rasawa r3smow

Very t ly yours

onna KellyVice President ofCommunity Development

cc Chairman and Members ofthe Tustin Planning CommissionWilliam Huston City ManagerChristine Shingleton Assistant City Manager

California Coastal 25 Enterprise Suite 300 Aliso Viejo CA 92656 Moin 9493498000

for the Project Approvals that we have failed to point out here we request that the aboverequests be applied to those references as well Thank you very much for yourconsideration

ATTACHMENT C

Public Input emails and letters received from residents

Willkom Justina

Subject FW Columbus Square Res No 4129 Dec 8th Meeting

From Eric Higuchi mailtoehiguchi@gmailcomSent Monday December 07 2009 1022PMTo skozak@tustincaorgamurray@tustincaorgcpuckett@tustincaorgmkasalek@tustincaorgThompson JayCc Shingleton Christine Amante Jerry Nielsen John Palmer Jim Gavello Deborah Davert Doug Huston Williampstoker@tustincaorg Interim City ClerkSubject Columbus Square Res No 4129 Dec 8th Meeting

Eric Higuchi1408 Mayfield WayTustin CA 92782

December 7th 2009

To the City ofTustin Planning Commission

My name is Eric Higuchi and I am a current resident and active member of the Columbus Square Community

It has recently been brought to the attention of many members of the community that the Managing Developer Lennarof the community of Columbus Square at Tustin Legacy has requested and has received City Staffs recommendation toreflect a change in tenure from ownership to rental for the proposed 240unitagerestricted senior housing complex on

Lot 265 ofTract 16581

Many residents if not the majority of residents of Columbus Square strongly oppose any resolution allowing theManaging Developer to build and occupy the 240agerestricted units as rentals Our opposition is based on thefollowing

Our property values and futureresales will be negatively affected if nearly 25ofthe units within the master

plan are rentals based on the fact that the product type of theforrenthousing is one ofthe most dense if not

the most dense configurations in the City ofTustin In addition it seems apparent that the 240 age restrictedunits will be occupied last thus the Developers new home sales will not be as affected

17Parking Spaces per unit inclusive of guest parking is grossly insufficient Many individuals 55 and olderstill having a living spouse continue to work and therefore require twovehicles Furthermore married

retirees will still maintain ownership of two vehicles in addition to having the propensity to invite guests over

much more frequently Onstreet parking is a growing and divisive issue within our community When the 240units are built and occupied parking will become even more limited and onstreet parking will be even more

pervasive creating a safety issue for the residents ofthe community

Lennar is a homebuilder not a property management company I believe it is within reason to questionLennars ability toeffectively manage a large rental community as their business is home building Lennar doesnot have the experience nor are they appropriately staffed to manage or address the needs of rentersespecially seniors while maintaining the building and its common area appropriately

1

If the City of Tustin Planning Commission proceeds with the approval of Resolutions 4134 4136 and 4137 on DecemberStn 2990 the City of Tustin will face significant organized opposition to the development of the 240agerestrictedunits The residents of Tustin Legacy have been underrepresented at the City and if Columbus Square residents are

ignored on this issue I believe the City will create a movement that will further delay the development ofTustin LegacyI strongly recommend that Planning Commission reject the aforementioned amendments in order to avoid any further

delay of the development ofthe community

Furthermore I urge the Planning Commission to reach out to the Columbus Square community and host a charrette atthe Columbus Square Community Center in order todiscuss alternatives to a 240 unit rental community within our

master plan I recognize that aforsale 240 unit senior housing community is not economically viable at this timehowever a community with a density of 24 units to the acre wasnever appropriate for this community since it was

planned

Please feel free to contact me at 949 290 7510 orehiuchiamailcom I would be happy to assist the City ofTustin inany way possible

Sincerely

Eric Higuchi

Cc City of Tustin City CouncilWilliam A Huston City ManagerChristine A Shingleton Assistant City Manager

2

January 5 2010 DECEIVED

JAN 0 6 2010

COMM STEVE KOZAK ChairpersonPlanning Commission City ofTustin

300 Centennial Way Tustin Ca 92780

COMMUNITY DEVELOPMENT DEPT

CERTIFIED MAIL WITH RETURN CARD

Dear Commissioner Kozak

I thought Idwait until after the holidays before I followed upon my letter dated December 9 2009 copyof which is attached

I will appreciate receiving the requested documents before the scheduled public hearing on January 262010 with sufficient time to read and have reasonable understanding ofthe contents This is all themore important since Lennar representative Ms Donna Kelly when she addressed the Columbus SquareHOA on December 16 2009 failed toproduce the Commission letter addressed to the HOA butdelivered to Lennar instead We know there is this letter as its presence wasconfirmed by theCommission staff at the December 8th public hearing

I will as well appreciate acknowledgment of this request and either a favorable or unfavorable responseto it

Thank you very much

Respectfully yours

CARLOS F CUYUGAN15201 Providence WayTustin CA 92782

ccuvueanCayahoocom

December 9 2009

MR STEVE KOZAK ChairpersonCity ofTustin

Planning Commission300 Centennial Way Tustin CA 92780

Dear Commissioner Kozak

I apologize to you the other Commissioners and your staff for my intemperate language at lastnightspublic forum

To help me come to a rational not emotional understanding ofthe issue and the process involvedplease send me a copy each ofthe following

Lennarsletter requesting modification ofrequirement from ownership tenure to rentaltenure

The Commissionsletter to the Columbus Square HOA delivered to LennarLennarsletter received by the Commission yesterday or very recentlyAny and all communication between Lennar and the Commission or staff transcripts ofdiscussions and or meetings with Lennar

Thank you also for the continuance Development ofCoventry Court at Columbus Square hasbeen discontinued for years original permits expired and there is no pressing or urgent need to

adopt and recommend approval ofthe City Council Resolutions nos4134 4136 and 4137Property owners in Columbus Square must be afforded time and assistance by the Commission

Thank you for your consideration ofabove requests

Respectfully yours

CARLOS F CUYirGAN15201 Providence WayTustin CA 92782

Kapadia Reina

From Binsack ElizabethSent Wednesday January 13 2010356 PMTo Willkom Justina Kapadia ReinaSubject FW CHANGING COVENTRY COURT SENIOR HOUSING IN COLUMBUS SQUARE FROM

OWNERSHIP TO RENTAL APARTMENTS IS UNFAIR ACTION AGAINST COLUMBUSSQUARE HOME OWNERS

Elizabeth A Binsack

Community Development DirectorCity of Tustin

7145733031

Original MessageFrom Estrella PattySent Wednesday January 13 2010 225 PMTo Deborah Gavello Doug Davert Jerry Amante Jim Palmer John NielsenCc Binsack ElizabethSubject FW CHANGING COVENTRY COURT SENIOR HOUSING IN COLUMBUS SQUARE FROM OWNERSHIP TORENTAL APARTMENTS IS UNFAIR ACTION AGAINST COLUMBUS SQUARE HOME OWNERS

Original MessageFrom Stephanie Yang mailtosyang1029@gmailcomSent Monday January 11 2010 1103 PMTo Amante JerryCc Nielsen John Davert Doug Palmer Jim Gavello DeborahSubject CHANGING COVENTRY COURT SENIOR HOUSING IN COLUMBUS SQUARE FROM OWNERSHIP TO RENTALAPARTMENTS IS UNFAIR ACTION AGAINST COLUMBUS SQUARE HOME OWNERS

To the City Council of Tustin

First and foremost I would like to thank each of you for playing such an integral part inthe development and quality of our city It is my pleasure and pride to be a part of the Cityof Tustin and the Villages of Columbus Communities I truly enjoy the quality of lifesafety and life style that our communities provide us As we all know the characteristicsof our communities is what keeps us here and attracts future homebuyers to our community Oursole reason for buying in Columbus Square of Tustin was for the higher quality of life thatwe are all enjoying now and I would love it to stay that way as Tustin Legacy continues its

development in the years to come

Onto more URGENT MATTERS I am going to be very honest and state that I would have never madethe final decision to purchase our home in Columbus Square in the city of TUSTIN if I was

previously informed that there would be Section 8 Apartments built in our community It was

PROMISED during our the purchase of our properties that our community would not absorb any ofthe Tustin Legacy mandated apartment populations and now it will absorb 80 How is thisfair to our community of home owners How is this fair to our FAMILIES who intentionallybought in Columbus Square to be a part of HIGHER LIVING STANDARDS

Our family could have gone elsewhere and paid a much less premium for that type of communityThe change of Coventry Court will devalue our homes our community and unfairly increase our

HOA fees by 20

1

It is a GREAT CONCERN to my family that Lennar and META will be petitioning to changeCoventry Court Senior Housing into 240 Rental Apartments with 153 being Section 8 units Ofthese 240 Units each rental tenant will only be required to pay 50 of our HOA fees and therest will fall back onto the home owners of Columbus Square How is this equitable in anyway WE DO NOT POUR OUR HARD EARNED MONEY AND PAY TAXES FOR OUR HOMES TO BE TURNED AROUND ANDGIVEN MORE BURDEN Not only will we take a hit financially we will have to face an increasein transitional traffic by rental living in our community that was never properly givennotice of when we all decided to purchase in Columbus Square of Tustin

With SUCH a large amount of undeveloped land in the Tustin Legacy project there are PLENTYof possible planned areas for apartment living THE CITY OF TUSTIN CAN MAKE A DIFFERENCE fortheir tax paying home owners and the community of Columbus Square by making sure that our

home values are not negatively effected by this unjust move by Lennar Homes and META and DENYthe request for rental apartments in Columbus Square

I URGE BEG and PRAY that each of you think about this situation as if it were YOUR HOME

VALUE HARD EARNED MONEY and COMMUNITY where you raise your families Please take the timeto come and see our community and enjoy what we enjoy so you can truly understand why we are

so passionately against this proposal by Lennar With the economy on the low and home values

already dropping no home owner in Tustin should have to face unnecessary devaluation oftheir homes

Once againCHANGING COVENTRY COURT SENIOR HOUSING IN COLUMBUS SQUARE FROM OWNERSHIP TO

RENTAL APARTMENTS IS UNFAIR ACTION AGAINST COLUMBUS SQUARE HOME OWNERS

PLEASE take my voice as a Tustin Home Owner and Citizen into great consideration

Thank you

PROUD COLUMBUS SQUARE HOME OWNER

PROUD MEMBER OF THE CITY OF TUSTIN

Stephanie Yang and David Lam

1403 Compass Rose WayTustin CA 92782

2

Willkom Justina

Subject FW Coventry Court at Columbus SquareAttachments 011410 Ltr in re Coventry Courtpdf

From Eric Higuchi mailtoehiguchi@gmailcomSent Thursday January 14 2010500 PMTo skozak@tustincaorgamurray@tustincaorgcpuckett@tustincaorgmkasalek@tustincaorgThompson ayCc Amante Jerry Nielsen John Palmer Jim Gavello Deborah Davert Doug Huston William Shingleton Christinepstoker@tustincaorgon Cernok Renee Morales Paul Mobley Mike Fender Teresa Rooney James Novellasbradley@metahousingcomdonnakelley@lennarcomSubject Coventry Court at Columbus Square


Please find attached a letter from the Camden Place Neighborhood Homeowner AssociationsBoard ofDirectors in regards to the pending application for approval ofaconditional use pewit and amendment to thetract map for the Coventry Court Community at Columbus Square to allow forrent housing

In brief the Camden Place Board ofDirectors is in opposition to the aforementioned application on the basisthat its approval will result in increased HOA assessments for all homeowners within Columbus SquareLennarsprojected increase in HOA assessments is aconsequence ofthe decision to reduce the HOAassessments for 240 units at Coventry Court by 50 as acondition ofsale ofthe property to a3rd partyapartment builder

The Camden Place Board would like the opportunity tomeet with members of the Tustin Planning Commissionprior to the January 26th meeting in order to clarify our position and offer our assitance in resolving this issue

Feel free tocontact me at 9492907510 or ehi uchinmailcom

On behalf ofthe Camden Place Board ofDirectors

Eric Higuchi

January 142010

City ofTustin Planning Commission300 Centennial WayTustin CA 92780

In Re Coventry Court at Columbus Square


As the Boardof Directors for the Camden Place Neighborhood Association asubassociation within the

Columbus Square Master Plan we have been entrusted with the duty to maintain the outstandingcharacter of our community as well as protect the fiduciary interests ofthe 222 households we

represent approximately 2140 ofthe total homes to be built in Columbus Square

Therefore by unanimous action the Camden Place Neighborhood Association Board of Directors

requests thatthe City ofTustin deny the pending application for modification to Lot 265 of Tract

16581 also referred to as Coventry Court in Columbus Square at Tustin legacy on the basis that if

approved as currently proposed the homeowners ofCamden Place would incur longterm financial

harm

According to Lennarsdocumentation filed with the City ofTustin the owner of Coventry Court

apartment complex would payan equivalent amount to fifty percent 5040 of the monthly CommonAssessments currently paid by each Owner of a Home in the Community for each Unit in the apartmentcomplexilThe master associationsassessment revenue would decrease while our obligations to theresidents of Coventry Court would remain the same such as their right to access the VillageConservatory pool community parks and association maintained streets Consequently this potentialreduction in assessment revenue will result in a projected 20 increase in the Master AssociationCommon Assessments for the 222 households that make up Camden Place

1Pg 271273Reoort to the Planning Commission In re Coventry Court dated December 82009 Addendum to Homebuyer Notification for

Columbus Square

The financial impacts are as follows

Per Individual Homeowner HOA Dues as ofJan 2010 20 IncreaseColumbus Square HOA Dues annual 1596 1915

Negative Annual Impact to Camden Place2

Negative Annual Impact to Columbus Square3

Subsidy to Coventry Court proposed50HOA Assessment Discount

7086217of theAnnual Camden Ploce NOABudget

266532

191520

While the Camden Place Board of Directors is not explicitly in opposition to the development of

Coventry Court asforrent housing thls application ifapproved will result in financial benefits

exclusively limited to lennar andMeta Housing at the direct expense and longterm harm of allcurrent and future homeowners of Camden Place Thus as mentioned above the Camden Place BoardofDirectors has the fiduciary responsibility to publicly oppose the approval ofthis application

In order to move forward with the development ofCoventry Court the Camden Place NeighborhoodAssociation respectfully requests that the City of Tustin revise the proposed resolutions to limit Lennars

ability to burden Columbus Square Homeowners with any increase in Common Assessments associatedwith thesale ofCoventry Court or the change in designation of Coventry Court from aforsaleto a

forrent project Furthermore the Board requests that the ownersof the units at Coventry Court berequired to pay their fairshare ofassessments relative to the assessments paid by all households withinColumbus Square in perpetuity

The Board ofDirectors also requests a meeting with members ofthe Planning Commission prior to

January 26th 2010 to express our concerns clarify our position and offer our assistance in order to

quickly resolve this issue

The Camden Place Board appreciates the hard work of the Planning Commissioners and City Staff and

thanks you for your time Please contact Eric Higuchi at 949 290 7510 orehieuchiCaamailcom should

you have any questions orconcerns

Calculation based upon current assessment rate5133mo Total impact is equivalent to 20 ofthe total sum of assessments paid by 222units withinCamden Place annually3

Calculation based upon current assessment rate5133mo Total impact is equivalent to ZOof thetotal sumof assessments paid by 835units withinColumbus Square annuallya

Cakulation based on the currentassessment rate5133mo

Sincere

Eric Higuc P sid

Camden Place oard of Directors

CC Tustin City Council

William Huston Tustin City ManagerChristine Shingleton Tustin Assistant City ManagerPamela Stoker Tustin City Clerk

Columbus Square Community Association Board ofDirectors

Cambridge Lane Neighborhood Association Boardof Directors

Meriwether Neighborhood Association Board of DirectorsDonna Kelly Lennarof California

Shaun Bradley Meta Housing CorporationBrian Doyle President William Lyon Homes Southern California

Kapadia Reina

From Binsack ElizabethSent Monday January 18 2010 1053AMTo Willkom Justina Kapadia Reina

Subject FW Reject LennarsProposal to Change 240 Units From Ownership to Rental Tenure

ECzza6etkA BinsackCommunity DeveCopment Director

City ofTustin

7145733031

From Sowder Debra

Sent Monday January 18 2010857 AM

To Jerry Amante

Cc Binsack ElizabethSubject FW Reject LennarsProposal to Change 240 Units From Ownership to Rental Tenure

From Jeffrey Enes mailtojeffenes@yahoocomSent Saturday January 16 2010222 PMTo Amante Jerry jnielson@tustincaorgDavert Doug Palmer Jim Gavello DeborahSubject Reject Lennars Proposal to Change 240 Units From Ownership to Rental Tenure

Dear Tustin City Council Members

I ama Tustin homeowner in the Columbus Square community resident for 3 years and oppose Lennars

request to change the planning for Coventry Court a nine acre site located on Lot 265 ofTract 16581 with 240units ofsenior housing from ownership to rental tenure Lennars request will be discussed at the January 262010 Planning Commission meeting In my opinion Lennar should not be allowed to change tenure afterdisclosing to myselfand other current Columbus Square homeowners that all ofthe housing within Columbus

Square would be forsale I hope to persuade the Planning Commission and you that Lennars proposal is thewrong way to go about planning for seniorrental housing in our city

There are a number ofquestions that might be asked by the City Council and Planning Commission regardingLennars proposal Would such a change in tenure be ataking from current homeowner community propertyrights Would rental tenure mean that renters have use ofthe community facilities and if so would the rentersbe required topay into homeowner association fees tomaintain these facilities Are there community facilitydistrict CFD taxes associated with this site and if so would the landlord continue tobe responsible for thissites fair share of the CFD tax burden How would the communitysnoise pedestrian and vehicular trafficand lighting change if Coventry Court werearental project Would the rental tenure be for aperiod oftime ieuntil the forsale housing market improves or indefinitely Will the rental tenure be agerestricted Could a

nonagerestricted ownership tenure be considered as a land use alternative if the current zoning is no longereconomically feasible for the developer I hope the questions above are analyzed in detail before the PlanningCommission and City Council acts I believe the answers will indicate that adding a rental tenure project to an

existing forsale housing community will negatively affect the current homeowners

Rental tenure especially senior affordable housing projects is an important part ofour cityshousing planningbut residents should be aware ofthe planning in their community prior topurchasing into that community and

be justly compensated for ataking ofcommunity property rights Lennars proposal will unfairly add more ofaburden to the existing homeowners Please reject Lennars proposal to change Coventry Court from ownershipto rental tenure

Sincerely

Jeffrey EnesTustin HomeownerColumbus Square Community

ADMINISTRATIONJanuary 16 2010

Lee and Wanda Whiteley JAN 1 8 201015201 Covington Street

Tustin CA 92782 RECEIIED7143230074

Honorable Mayor and City Council Members

We are residents ofTustin in the Columbus Square community ofTustin Legacy Wehave recently learned that Lennar Homes has requested the City ofTustin tochange CoventryCourt from ownership to rental per Conditional Use Permit CUP09024 Design Review DR09024 and Amendments tothe Final Tract Map FTM 16581 and Concept Plan CP03003It is ourunderstanding after much research that the purpose ofthis requested change is to supportthe saleofCoventry Court from Lennar toMETA Housing Corporation and tohelp Lennar andthe City meet and comply with theirphasing schedules in this down turned economy

Obviously this change favors Lennar the City and META howeverIm deeply concerned thatit will have avery negative impact on the well being ofmy family and the entire community ofColumbus Square for the following reasons

META as the owner manager ofthe apartment complex will have theirshare ofHOA duesreduced from the now current 240 shares one share per unit down to 120 shares Simply saidthis is a50 percent reduction oftheirHOA fees The balance ofthese HOA fees will beredistributed evenly between the actual Homeowners Columbus Square Based upon ameetingbetween the homeownersand Lennar ata recent HOA Board meeting held in December it is our

understanding this will increase Homeowners HOA fees by approximately 15 percent

The voting rights ofthe apartment complex owner now and in the future will be 120 votes Thecontrol ofthat many votes by one entity wasnever contemplated by the drafters ofthe currentHOA documents andorthe CCRs One entity with that voting right will effectively controlthe HOA board and this is unacceptable to the homeownersofColumbus Square

In addition ow quality oflife and the general welfare ofthis community will bejeopardized bythis change We have spoken with virtually all ofthe homeowners at Columbus Square inregards totheir purchase process We have learned that every single one ofthem asked iftherewould be rental properties in this community The unanimous answer from bothLennar andWilliam Lyon wasNO Proofofthis wasa review ofthe previously approved CUPsspecifying ownership throughout Columbus Square

As indicated within the Planning Commission Report the applicant Lennar is stating that thisrequest is primarily due to their forecast ofthe housing market Its their opinion that changingfrom ownership to rental is beneficial toall for the follow reasons

Itwillaccelerate the construction and delivery ofthe required 153aordable units with CoventryCourt Ifthe project were to remain asforsale units the currentmarket and constructionschedule wouldplace delivery ofthe afjordable homes beyondmid2012 and ifallowedas rentaltheaordable apartments wouldbe available in the marketplace with the completion oftheproject

Construction ofCoventry Court as arental project allows the reaming market products withinColumbus Square to complywithphasing schedules that require complementary deliveryofmarketrateandaordableproducts

Coventry Court is locatedon aprominent parcel ofColumbus Square the completion of theproject woulddemonstrate completion ofasignscantporonofTustin Legacy

The Change in tenure does notnecessitate amajor change to the proposedplans

Once again while the developers and city will benefit from thesejustifications it will be thehomeowners ofColumbus Square that will be adversely affected

As new homeowners within Columbus Square we are already enduring the hardships ofafloundering economy and the extreme downturn in the housing market We are carrying massivemortgages based onthe overinflated housing prices we paid to live in Columbus Square Manyofourhomes cost amillion plus dollars before hardscape and landscape improvements We our

paying standard property tax as well as huge mello coostax Our parks and schools are not beingbuilt as promised The parking in Columbus Square is not adequate and we have been workingwith our HOA for over ayear now to finda way to improve it The value ofour homes isplummeting Most ofus cantsell our homes even if wewanted too not tomention get out ofour

mortgages loan right side up We are stuck here

All that being said we love where we live and webelieve that in time everything will shake outThai being said we hope the developers and the city will share this burden with us bywaitinguntil Coventry Square will work asforsaleunits2012 is not far away We cantsell our homesso whatsthe difference for adeveloper like Lennarthat cantbuildand sell there units or theCity trying tomeet its schedules and quotas in a downturned economy All we are doing isasking the city to understand our concerns our hardships and not allow Lennar toadd to thisalreadyoverwhelming negative situation We understand this request is most likely legal but it isfar from the right thing todo

As homeowners wemade the decision to live in Columbus Square and based on our decision weare staying the course and doing best we can tosurvive these turbulent times Its hard enough as

is but this request to change Coventry Court torental isthe straw that will break the camels back

In closing the homeowners atthis community are educated articulate knowledgeable united anddevoted to this cause We currently have over1300 voters in our community and we are yourconstituentsWe are certain yourecognize the proposed use ofthis application creates anundue hardship and burdens onour families increases our financial responsibility andincreases our parking problems

We ask ofeach one ofyou to deny Lennarsapplication and request them to consider a

legitimate business solution to the situation A solution that is fair to us the Residents ofColumbus Square

Thank you in advanceformaking the right decision

ISincerelyLee and Wanda Whiteley

Stop Coventry Court RentalsResidences ofColumbus Square

Tustin CA 927829495334361

PlanningCommission Members

We the residents ofTustin in the Columbus Square community ofTustin Legacy have recentlylearnedthat Lennar Homes has requested the City ofTustin tochange Coventry Court from

ownership to rental under CUP09024

Lennarand the proposed developer Meta Housing Corp are contemplating the incenfivecondition that Meta as the ownermanager ofthe apartment complex will have their share ofHOA dues reduced from the now current 240 shares down to 120 shazes The balance oftheseHOA dues will be redistributed evenly between the balance ofthe homeowners This willincrease homeowners HOA dues by approximately IS This is based upon the homeownerHOA board meeting with the Lennaz representatives in late December of2009 Also as part ofthis deal the voting rights ofthe apartment complex ownernow and in the future will number120 votes Control ofthis many votes by one entity wasnever contemplated by the drafters oftheHOA documents or the CCRsOne entity with that large ofavoting block will effectivelycontrol the HOA board This is unacceptable to the homeowners ofColumbus Square We

understand that matters between members ofan HOA aze not under the purview oftheCommission but youmust also understand that atthis point in time our HOA board is still

populated with amajority ofLennar and William Lyon members Any action taken at this pointin time is fully under the control ofthe developer Our quality oflife and the general welfare ofthis community will be jeopardized by this proposed change Having this project sit idle is not

detrimental to the community Adding undue economic hardship and the future loss ofcontrol ofour HOA board will be detrimental Our economy will rebound and the sale oftheseCondominiums will happen It may take some time but we the homeowners ofthis communityhave invested ahuge sum ofour life savings into Columbus Squaze We are not in it for the short

run twotothree yeass goes by quickly and this project will be standing for 5075years ifnot

longer as will any actions in the futureby aboazd controlled for the most part by one entity

Also pazking is at apremium in Columbus Square We feel that the existing traffic study doesnot take into account the real issues that have surfaced with the build out ofour community We

request that the pazking variance not be grantedand that acondition be placed onCoventry Courtto fully containall residence parking in the confines ofCoventry Court We request that a

separate parking decal program be required to insure that these twoprojects stay separate anddistinct

Per Section 9291 Use Permits subsection c the Planning Commission Decisionon any CUP

type action must find that the establishment maintenance or operation ofthe usewill not bedetrimental to the health safety morals comfortand general welfare ofthe persons residing or

working in the neighborhood ofthe proposed use The application before you does not meet thatstandard It is in fact very detrimental to the general welfaze ofthe residencesofColumbus

Square Additional fees being pushed from one parcel owner to another cannot be anythingotherthan detrimental The potential loss ofcontrol ofthe HOA board by the broad section ofhomeowners is also another extremely detrimental outcome ofthe action before you As such

you must deny this application in its present form

We thank you for your consideration in this matter

Sincerely

CIeJTi

Tab Sarah Johnson1445 Charleston StreetTustin CA 92782

Planning Commission Members

I am a resident ofTustin in the Columbus Square community ofTustin Legacy Werecently learned that Lennar Homes has requested the City ofTustinto change Coventry Courtfrom ownership to rental This will allow 240 apartments to be built and rented Ifyou arentaware ofthe situation you soonwill be Conditional Use Permit CUP09024 Design ReviewDR 09024 and Amendments tothe Final Tract MapFTM 16581 and Concept Plan CP03003 toconvert Coventry Court from ownership tenure to rental tenure aze on the PlanningCommissionscalendar in the month ofJanuary

This deal is being struck between Lennar and the proposed developer Meta Housing Corp withthe incentive condition that Meta as the owner managerofthe apartment complex will havetheir share ofHOA dues reduced from the now current 240 shares down to 120 shares Thebalance ofthese HOA dues will be redistributed evenly between the balance ofthe homeownersThis will increase Homeowners HOA dues aapproximately 15 base upon the homeownerHOA board meetingwith the Lennar representatives in late December As part ofthis deal thevoting rights ofthe apartment complex ownernow and in the future will number 120 votesControl ofthis manyvotes byone entity wasnever contemplated by the drafters ofthe HOAdocuments or the CCRsOne entity with that large ofavotingblock will effectively controlthe HOA board Elections do nothave agood track record ofvoter turnout If a30turn out isever achieved the apartment owner will have 120 votes ofthe 243 votes that would be cast Thisis unacceptable to the homeowners ofColumbus square Our quality oflife and the generalwelfaze ofthis community will be jeopardized by this change Ive spoken with more thanenough homeowners at Columbus Square to learn that most in the process oftheir home purchaseasked avery similaz question Willthere be any rental properties in this community Theanswer each one received from the builders wasNO

This proposed application is unjust and poses additional financial obligations to the existinghomeowners in the name ofprofit for Lennarand Meta The general comfortand welfare ofthepersons residing in the neighborhood is being put atrisk by the potential loss ofcontrol oftheirHOA board Having thisproject sit idle is not detrimental tothe community Our economy willrebound and the sale ofthese Condominiums will happen Itmay take some time but we thehomeowners ofthis community have invested ahuge sum ofour life savings into ColumbusSquaze We are not in it for the short run twoto three years goes by quickly and this project willbe standing for 5060years ifnot longer I urge you to reflect onthe ramificationsthis proposalhas on us the 760 households homeowners who are voters and your constituents Thehomeowners ofColumbus Squaze are educated articulate knowledgeable united and devoted tothis cause Iask ofeach one ofyou todeny Lennazs application and request them toconsider a

legitimate business solution to the situations

Sincerely fi

Columbus Square Zone

Petition against Converting Coventry Court from OwnershipTenure to Rental Tenure

Conditional Use Permit CUP09024 Desin Review DR 09024 and Amendments to the Finai TractMap FTM 16581 and Concept Plan CP 03003 to convert Coventry Court from ownership tenure torental tenure

Region Tustin County OrangeTarget Columbus Square Community

BackgroundA 240 unit 55 resident developmenC named Coventry Court located in TustidsColumbus Square community is proposed to be converted from ownership to an

Apartment rental complex 153 ofthese apartments will be rented as Affordable1lousingunder the Section Rental Agreement Ofthe 153 units 56 will be rented as moderateincome 61 as lowincome and 36 as very lowincome

We urge the Planning Commissioners and City Council Members to deny the proposalfor converting Coventry Court to rental tenure This proposal will create an unduehardship and burdens on our families increase our financial responsibility and increaseharking problems

1 META the ownerof Coventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control ofthe entireColumbus Square HOA Soard and the Direction of the Community Thismeans the owners of the new apartment complex will be in total control ofour community

2 Our HOA fees will increase approx 20 percent3 Columbus Square will absorb 80 percent ofthe Tustin Legacy apartment

requirements This is not what we were told when we bought our homesAll of this will have an extreme negative impact on our home values whileunjustly enriching the future developers ofTustin Legacy at the expense ofColumbus Square home owners

We the undersigned ask that the proposed application converting Coventry Court torental tenure project developers Lennar and META to be denied We the undersigneddo not wish to have ibis t eelcommunity built within our current community

Print name and skg a re

v

Print name and si uretl

n

Print name and signature

Homeowner addressr

c

Homeowner address

Homeowner address

Petition againstConverting Coventry Court from Ownership jTenure to Rental Tenure

Condirional Use Permit CUP09024 Design Review DR 09024and Amendments to he Final Tract Map FTM 1681and Concept Pian CP03003 to convert Coventry Court from owmerhip tenure to rental tenure


Print name andsgnaure

Print n e and sign ture

UN 1 r fps tkPrint Warne and signature

wUG

Print ame an ignature 1

r

PFntname and sig ature

t

Pint nameland signature



Homeowner address

Homeowner addressm

Homeowner addirss

Homeowner address

l 7 1 SfryILY 77J TIci jaLHomeowner address

G r

Homeowner address

Homeowner address

1

Homeowner address S

Print name and signature Homeowner address







Petition against Converting Coventry Court from Ownership 2Tenure to RentalTenureConditional Use Permit CUPO024Design Review DR 09024 and Amendments to the Final Tract MapF1M 6581and Concept Plan CP03003 to convert Coventry Court from od enhip tenure to rental tenure

Columbus Square Zone z


Conditional Use Permit CUP09024 Design Review DR09024 and Amendments to the Final Tract

Map FTM 16581 and Concept Plan CP 03003 to convert Coventry Court from ownership tenure to

rental tenure


BackgroundA 240 unit 55 resident development named Coventry Court located in TustinsColumbus Square community is proposed to be converted from ownership to an

Apartment rental complex 153 ofthese apartments will be rented as Affordable Housingunder the Section S Rental Agreement Ofthe 153 units 56 will be rented as moderate

income 61 as lowincome and 36 as very lowincome

We urge theklanning Commissioners and City Council Members to deny the proposalfor converting Coventry Court to rental tenure This proposal will create an undue

hardship and burdens on our families increase our financial responsibility and increase

parking problems

1 META the owner of Coventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control ofthe entireColumbus Square HOA Board and the Direction ofthe Community Thismeans the owners ofthe new apartment complex will be in total control ofour community


requirements This is not what we were told when we bought our homes4 All of thiswill have an extreme negative impact on our home values while

unjustly enriching the future developers ofTustin Legacy at the expense ofColumbus Square home owners

We the undersigned ask that the proposed application converting Coventry Court to

rental tenure project developers Lennar and META to be denied We the undersigneddo not

wishttohave this type ofcommunity built within our current community

Print name and sign tre Homeowner adredss


Print nameefndsignature Homeowner address

Petition against Converting Coventry Court from Owneship 1Tenure to Rental Tenure

Conditional Use Permit CUP09024Design Review DR 09024 and Amendments to the Finaf Tract Map FfM Ib581and Concept Plan CP03003 to wnvertCoventry Court from ownership tenure to rental tenure


Print

nameand si ure

Print na e and signature

Gb1y icePrniname and igna re

7

Print name and sia azure

weart

Print name and signature1

Print name an signa ure

not name and signature

f n t11e 4fly LYPrint name and signature


Print name andsinatur

Print

i

Homeowner address

Homeowner address

r2ZcHomeowner address

frcHomeowner address

lf s rHomeowner address

Homeowner address

C SW i

Homeowner address

Homeowner address

1 acr SteHomeowner address

Homeowner address

fl02PllfYl GHomeowner address

Homeowner address

uxnaefPrint name and eownraddress f

Ho caner address

Homeowner address

Petition against Converting Coventry Court from Ownership 2Tenure to Rental Tenure

Conditional Use Permit CUP09024Design Review DR 09024 and Amendments to the Final7ract Map FTM 16581and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure



1Si

Print namx and signature Homeowner address

Print name and signature t


Homeowner address

C

citliIi

Print name and s ature

zPriit name a d simaturen

ti rt

Print

naJmeand s aure

7Print name and signature

Print name ndsi T a r

yt r I c t 1


Print naiveand signature






itlHomeowner address

l 1eowner address

Hiiomeowner adqddress I

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Petition against Converting Coventry Coun from Ownership 3I enure to Rental Tenure

Conditional Use Permit Clip09024Design ReviewDR 0902d and Amendments to the Finai Tract Map FTt16581and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure

7



Conditional lise Permit Clip09024 Design Review DR 09024 and Amendments to the Final Tract


rental tenure



Apartment rental complex 153 of these apartments will be rented as Affordable Housingunder the Section 8 Rental Agreement Of the I53 units 56 will be rented as moderateincome 61 as lowincome and 6 as very lowincome

We urge the Planning Commissioners and City Council Members to deny the proposalfor converting Coventry Court to rental tenure This proposal will create an undue


parking problems

1 META the owner of Coventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control ofthe entireColumbus Square HOA Board and the llirection of the Community Thismeans the owners of the new apartment complex will be in total control ofour community

2 Our HOA fees will increase approx 20 percent3 Columbus Square wilt absorb 80 percent ofthe Tustin Legacy apartment

requirements This is not what we were told when we bought our homes

1 Allof this will have an extreme negative impact on our home values while



rental tenure project developers Lennar and META to be denied We the undersigned

1do notwh tohathistyeof community built within our current community

print name srgnazure Homeowner address

w j mot ylPrintnmandrgatue Homeowner address


Petition against Converting Coventry Coutt from Ownership ITenure to Rental tenure

Conditional UsePenuit CUP09024 Design Review DR09024 and Amendments to the Final Tract MapT1Ih581and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rentaltenure

Columbus Square Zane

Print name an signature

5Print name and signature

1GY111i 11 htfjLtiltiPrint name and signature ti1U6ti1

cePrint nan e and signature

Homeowner addressE

i c Ls SHomeowner address

U GiSCISvHomeowner address

C aa5 Homeowneraddressi

ic iLiprizi Printname and signature Homeowner address Print

name and signature omeowner addressJ Print

name and signature Homeowner addressr

1j S k F LI GJt lL S l 1IS Print

name and signature Homeowner address Prinf

nameand signature Homeowner addressPrint

name and signature Print




name and signaturel

d jf7t Homeowneraddress Homeowner

address Homeowner

address Homeowner

address Homeowner

addressPrint

name and signature Homeowner address Petition

against Converting Coventry Coun fmm Ownership2 Ccmireto Rental Tenure Conditional

Use Permit CUP09024Design Revic wDR09024and Amendments tothe Final Tract MapFCM 1681 andConecpt Plan CP U3003to convert Coventry Court from ownership tenureorental tenure

Columbus Square Gone




rental tenure



Apartment rental complex 153 of these apartments will be rented as Affordable Housingunder the Section Rental Agreement Of the 153 units 56 will be rented as moderateincome 6l as lowincome and 36 as very lowincome



parking problems

1 META the ownerof Coventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control of the entireColumbus Square HOA Board and the Direction of the Community Thismeans the owners ofthe new apartment complex will be in total control ofour community

2 Our HUA fees will increase approx 20 percent3 Columbus Square will absorb 80 percent ofthe Tustin Legacy apartment

requirements This is not what we were told when we bought our homesl Allof this wilt have an extreme negative impact on our homevalues while

unjustly enriching the future developers of Tustin Legacy at the expense ofColumbus Square home owners

We the undersigned ask that the r posed application converting Coventry Court to

rental tenure project develors nar and META to be denied We the undersigneddo not wish to have this typ of o munity built within our current community

c iii C 7LPrint name and signature

lHomeowner address

cv lG r i vim J t I Z tlI


Print name and stgnatur Homeowner addres

Petition against Converting Coventry Court from Ownership 1Tenure to Rental enure

Conditional UsePermil CUP09024Design Review DK0902a and Amendments to the Final Tract Map FTM 165R1and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure

Columbus Square Zone 1 I

L C L cCGJ l f l I l a l IZ GCJci

Print name an si nature Homeowner address

fi lsPrint name and signature Homeowner address


lVciGuy t J S i z7zG lsPrint name and signature Homeowner address

GG fawrPrint name and signature

Prins name and signai

Print name and signaturetCNy

Print name and signatureNtic t D o rJ


fv

Pii name and signature

tiCFPrint name and ature




p yvneraddress

GfvJl GrST C

7

otHomeowner address

e

Homeowner address

Homeowner addressr szo f OY t y

iJ4t1 C9 7 Z

Homeowner address

lZ irk SE

Homeowner address155 3 y S

Homeowner addr ss

s yc Y

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Netition against Converting Coventry Court from Ownership 2Tenure to Rental Tenure

Conditiala Use Permit CUP09024 Design Review DR 09024 and Amendments to he Final Tract 1ap FTM 16581aild Concept Plan CP03003 to convert Coventry Court tom ownership tenure to rental tenure

Columbus Square Gone


Conditional Use Permit CUP09024 Design Review DR09024and Amendments to the Fina Tract


rental tenure


BackgroundA 240 unit 5 resident development named Coventry Court lacated in TustinsColumbus Square community is proposed to be converted from ownership to an

Apartment rental complex 153 ofthese apartments will be rented as Affordable Housingunder the Section 8 Rental Agreement Of the 153 units 56 will be rented as moderateincome 61 as lowincome and 36 as very lowincome

We urge the Planning Commissioners and City Council Members to deny the proposalfor converting Coventry Court to rental tenure Phis proposal will create an unduehardship and burdens on our families increase our financial responsibility and increase

parking problems

1 META the ownerofCoventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control ofthe entireColumbus Square HOA Board and the Direction ofthe Community Thismeans the owners of the new apartment complex willbe in total control ofour community


requirements This is not what we were told when we bought our homestAll of this will have an extreme negative impact on our home values while


We the undersigned ask that the proposed application converting Coventry Court torental tenure projecfdevelopers Lennar and META to be denied We the undersigneddo not wish to have this type ofcommunity built within our current community

ti

Print name and s ature Homeowner address

r Y J

Y Pri name and signature

EPrint name and signature

7r ItLtems L2 SVI

Homeowner address

tC75 1szHomeowner address

1

Petition against Convening Coventr Court from Ownership 1tenure to Rental fcnurc

Cunditional Use Perniit CUP09024 Desi ReierDR09024 and Amendments to he Final Tract MapFM16581and Cuncept Plan CP U003 tv c mert Covcntn Courfiomonersiup tenure torntal tenure

Columbus Square lone

Print name and signature Homeowner addres


Print name and ignature

Print na dudstcamt

Print na e andsi7naturer Or P

ltIF1l N

Print name

rv jtPri na a sinretits

Ar vlneriPri na an signature

Snn4PrinnmeaP sinature

Pri

Homeowner address

j LLa31CnI

Homeowner address

Homeowner address rr

Homeowner address Z9

f 2s tsrrc Pz7z

Homeowner address

tSal Feuiy6ja3tiTt7c 9t3 2Homeowner address

Homeowner address

153 Cod1 n CamHomeowner addre s

lS2yzcV1cn SlHomeowner address

X20Homeowner address

r

sz CDruS c 7 Y

Print na e and si nature Homeowner address

d lCPrint name and signature

GPrint name and signature


J

tea J o 4w1 b cc 5 G lli u5i6Homeowner address

lZ aiTi5TT5sHomeowner address Sze

Homeowner address

S bVrK S vS zh 7gLPetition against Converting Coventry Court from Oevnership 2

tenure to Rental fcnure

Conditional UsePermit CIJP 09024 Design Review DR09024 acid Amendments to the final Tract Map FTM 16581

and Concept Plan CP03003 to convert Coventn Court From ownership tenure to rental tenure

Columbus Square Zone J

Pntame and signature Homeoneraddress

i ZOCDv1GToSTS TuSTrGet Cf221Prin amgerd signature Homeowner address

Printmcand signature

rTin9Print fie and signature

fPrint name and signature

tiPrint name and signature

51tG int name and si t re

iZtcc4tS

k i1Print meacsgnature








Homeowner address

Homeowner address

Homeowner address rHomeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Petition against Concerting Coventry Court from OwnershipTenure io Rental Tenure

Conditional Use Permit CUP09024 Design ReyieDR09024 end Amendments o theFfinal Cract MapFTM165SI

and Concept Plan CP03003 to concert Coentn Court fromonership tenure to rental tenwe



Conditional Use Permit CUP09024 Design Review DR 09024 and amendments to the Final Tract


rental tenure



Apartment rental complex 153 ofthese apartments will be rented as Affordable Housingunder the Section 8 Rental Agreement Ofthe 153 units 56 will be rented asmoderateincome 61 as lowincome and 36 as very lowincome



parking problems

1 META the ownerofCoventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control ofthe entire

Columbus Square HOA Board and the Direction ofthe Community Thismeans the owners of the new apartment complex will be in total control ofour community


requirements This is not what we were told when we bought ourhomesAllof this will have an extreme negative impact on our home values while

unjustly enriching the future developers ofTustin Legacy at the expense of

Columbus Square home owners


rental tenure project developers Lennar and META to be denied We the undersigneddo not wish to have th15type community built within our current community

sU FCCPrint name and signature

iiw

Print name and signture

Homeowner address

r

Homeowner address

Print nameand signature Homeowner address

Petition against Converting Coventry Court From Ownership 1Tenure to Rental Tenure

Conditional Use Permit CUP090Z4 esign Review DR 09024 and Amendments to the Final TrxtMap FFt16581and Concept Plan CP 03003 to conveiY Coventry Coun from ownership tenure to rental tenure


rrPrint name and signature Homeowner address

Q


I ty f


t

Print name and signaturer

y


Print name and signature f

Print name and signaturei

i

PrintnamBand signature1 Vst r

Print name andsign ture i

rr oPrint name and signature

fi F

Homeowner address

Homeowner address

Homeowner address

Homeowner address

i z tSC i E

Homeowner address

Homeowner addresst

t

t r leu

Homeowner addresst

11 f 1nvV Vr1Y ltyv LZ t l r 5t1 i t



tlxit1il IdsPrint name and sibnatufe

Print dame and signatures

i L


Homeowner address

Homeowner a dress

P f

Homeowner address

HoineoWneraddress

PetitionainstConverting Coventry Court from OwnershipTenureto RentalTenure

Conditional Gse Permit CUP09024 Design Review DR09024 and Amendments to the final Cract flap FT116581and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure



iPrint name andsigiature

Homeowner address

fi l LcffjlHomeowner address

lrintname and s gna re A r Homeowaer address

1llUr y I Vi C 4 I fZl Li 1 Vtl


q

2

t

L










Print name and sibnature Homeowner address


Petition against Convening Coventry Court from Ownership 3Tenure to Rental Tenure

Conditional Use Permit Clip09024 Design Review DR 09024 and Amendments to the Final Tratlap FTVt t681and Concept Plan CP03003 to convert Coventry Coutt Prom ownership tenure to rental tenure



Conditional Use Permit CUP09024 vesign ReviewllRU9024 and Amendments to the Final Tract


rental tenure



Apartment rental complex 1 3 ofthese apartments wild be rented as Affordable Housingunder the Section 8 Rental Agreement Ofthe 153 units 56 will be rented asmoderateincome 61 as lowincome and 36 as very lowincome



parking problems

META the owner of Coventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control ofthe entire

Columbus Square HOA Board and the Direction of the Community Thismeans the owners ofthe new apartment complex will be in total control ofour community

2 Our HOA fees will increase approx 20 percent3 Columbus Square will absorb 80 percent of the Tustin Legacy apartment

requirements This is not what we were told when we bought our homes4 All ofthiswill have an extreme negative impact on our home values while



rental tenure project developers Lennar and META to be denied We the undersigneddo not wish to have this type of community built within our current community

clPrint name and signature Homeowner address

Pnname d srgn Homeowner address

1 iit4 iin vr sUlJXl31rWPrint name and signature Homeowner address

Petition against CotrvertngCoventry Court from Ownership 1Tenure to Rental Tenure

Conditional arse Permit CUP09024Design Keview DR 09024 and Amendments to the Fiual Tract Map FTM 16J81and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure


i io KaPrint name and signature

yr1 IPrint name and signa re r

f


i IPrint mine and

signature J


Print name and sign re


Ft1tcl

Print name and sig ture

JPrint name nature



iLz 1Print name an signature 1

Hvv ItipPrint na and signaure

Vcln iwt s1kun tilwtvvy

J

Homeowner address

13rv s l2Homeowner ad ress

f3 r T fHomeowner addsYs

ytGrai S

Homeowner address

Homeowner addressfZ1z2

Homeowner addres

Homeowner address

Homeowner

address l

Homeowneraddress

l 5iC1rl1 C zHomeowner address

Homeowner addrds

Homeowner address

Homeowner addiss

Print name andsignai EIomeowner address

rP int name and signature Eomeowner address

Petitionagainst Converting Coventry Court from OwnershipTenure to Rental Tenure

Conditional Use Pernut CUP09024 Design Review DR 09034 and Amendments to dle Final Tract Map FTM 658tand Concept Pian CP 03003 to wnvert Coventry Court from overship tenure to rental tenure

Col bus Square Zone

trint na e and signature


airPrint name endsinat

Print name d signature

l j uHomeowner address

tS ti

Homeowner address f 3 ti Iy v

13 c srlHomeowner address

Homeowner address













Conditional UsePermit CUP09024Design Review DR09024 and Amendments to the Fina Tract Map FTM 16581and Concept Pian CP03003 to convert Coventry Court from ownership tenure to rental tenure

Y Zl t Sa8at3 Sty

Columbus Square Zone h s Z

t 520 Esc l

5 ZZ Petition against Converting Coventry Court from Ownership tSQL

l y2 d Z Tenure to Rental Tenure t5lts Z a

aConditional Use Permit CUP09024 Design Review DR09024 and Amendments to the Final TractMa FTM 16581 and Co ce t Plan CP 03 003 t rt C t C f hi SZZp pn o conve oven ry ourt rom owners p tenure to

ent l t SZCvr a enure

Region Tustin County OrangeZ ZZ

Target Columbus Square Community1Z

l5l t Background tom

jZ A 240 units 55 resident development named Coventry Court located in Tustins LSZ Y

1Z Columbus Square community is proposed to be converted from ownership to an t S Zr78

U Apartment rental complex 153 ofthese apartments will be rented as Affordable Housing5 2

r

under the Section 8 Rental Agreement Ofthe 153 units 56 will berented asmoderateSZvoincome 61 as lowincome and 36 as very lowincome

15ZWe urge the Planning Commissioners and City Council Members to deny the proposal S ZSZ

15 3 for converting Coventry Court to rental tenure This proposal will create an undueZhardship and burdens on our families increase our financial responsibility and increase

y a parking problems S Z

t5 t5a8Q 1 META the ownerof Coventry Court apartments will have 120 votes at future 1 Ztj

Columbus Square HOA meetings This wilt most likely control of the entire1 SZ cjcj

SZ Columbus Square HOA Board and the Direction of the Community This1 S 2lo

means the owners ofthe new apartment complex will be in total control ofS l3our community

2 Our HOA fees will increase approx 20 percentZt 3Z 3

13 Columbus Square will absorb SO percent ofthe Tustin Legacy apartment I S

requirements This is not what we were told when we bought our homes5 l 4 All ofthis will have an extreme negative impact on our home values while S Z 3

WV unjustly enriching the future developers ofTustin Legacy at the expense of S Z CJ

Columbus Square home owners

kWe the undersigned ask that the proposed application converting Coventry Court to ZZ7

apl rental tenure project developers Lennar and META to be denied We the undersigned t52ZSlS do not wish to have this type ofcommunity built within our current community tSZ Z 3

Prin n eand sig ture Homeowner address Q77

ha 154 Jal urn rqZZPrint name and igna re Homeowner address

y Z

py h U JkY ZSfk5rG c ritLi Cc29Print name and signature Homeowner address


Conditional UsePermit CUP09024 Design ReviewDR 09024 and Amendments to the Final Tract Map FTM 16581and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure



Print name and signatured

Print na an s ure

vY LPrint name and signature

rR0 RPrint name and signature

avrntvsarPrint name and signature

C1C 111 TTPrint name and signatu

Print n ne and signa re


tSRR SCHENN Uwe I1Rrint name and nat re

ant name and signature

1Print na e dsgnaturePrint name signature

SvRlyttiPrint name and signature


fomeowner address

Homeowner address

Homeowner address

26 LLCf MA N C w4f1ZoIomeowner addresls q

J

Homeowner addre

1556 CUnbn5ess q2Homeowner address

Homeowner address

Homeowner address

Homeowner address 97

Homeowner addre

a3 GHomeowner address p l

r

Homeowner addres

ors 2 ZHomeowner address

521 ni fii31 ortjY 92d2Homeowner address

Homeowner addres

Petition against Converting Coventry Court from Ownership 2Tenure Co Rental Tenure

Conditional Use Permit CUP09024Design Review DR09024aldAmendments to the Final Tract Map FTM 16581and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure


Print name and signaturet

1aw a


jrtePnnt name and signature

tafrint name and signature

Homeow7ner address p prl 7 lh319 mar G lmac jiO

Homeowner addressD

Homeowner addr s

LI 617 ST C9272Homeowner address

signature n Homeowner address

elrre t

P int name and signat

Print name and sign ture

Homeowner address

Homeowner address

e rJd

GPrin tenandcsigIare


m dPrint name and signature

15Z Cawrt sn97ZIomeowner address

Homeowner address

I Sn UwQ fie a lam7dHomeowner address

illRrt1 2 ISLS CirYeS itsrJ CtZBZPrint name and ignature Homeowner addres


ss A

mint name and signature Homeowner address 5

J

Print name and signaturef

a


Homeowner address

Homeowner address


Conditional Use Permit CUP09024llesign Review DR 09024 and Amendments to the Final Tract Map FTM 6581and Concept Plan CPj 03003 to convert Coventry Court from ownership tenure to rental tenure

f

Columbus Square lone


t A 1 Z3Z CawIOYi0 TU ZZPrint name and signature Homeowneraddress

v w z3 z Cavv lien RzZPrint name and stgnature Homeowner address

mayaa7C so Ctiusin aaPrint name and signature Iomenwner address

S laaGa te us Cam Z 7ZPrint name and si ux Homeowner address Ca

N 45 i IS2y je waPrint name gna re Homeowner address x12

Print name and s

nt name and si

isz crHomeowner addres

Print name alnd signature1Print name a d signat

Y

rint namendsigxfre

62e1giq 5 ju 1z ZHomeownerress

Homeowner address

SZS le5frncJISi47gHomeowner address

r

Sf frf2r i7Homeowner address

S n ccaYprint name and signatiryiLt Homeowner address

Pri name and signature


o vv


jju ClbVl 1yam

1Homeowner address

Homeowner address

1 vst z7ZrHomeowner address

Petition against Converting Coventry Court from Ownership 4enure to Rental Tenure

Conditional Use Permit CUP09024 Design Review UR0902d and Amendments to theFinalIractMap FTM 16581and Concept Pfan CP03003 to convert Coventry Court from ownership tenure to rental tenure



Conditional Use Permit CUP09024 Desibn Review DR 09024 and Amendments to the Final Tract

Map FTM 16581 and Concept Plan CP03003 to convert Coventry Court from ownership tenure to

rental tenure


BackgroundA 240 unit 55 resident development named Coventry Court located in Tustins

Columbus Square community is proposed to be converted from ownership to an

Apartment rental complex 153 of these apartments will be rented as Affordable Housingunder the Section 8 Rental Agreement Of the 153 units 56 will be rented as moderate




parking problems

1 META the owner ofCoventry Court apartments will have 120 votes at future

Columbus Square HOA meetings This will most likely control of the entire

Columbus Square HOA Board and the Direction of the Community This

means the owners of the new apartment complex will be in total control ofour community



4 All ofthis will have an extreme negative impact on our home values while

unjustly enriching the future developers ofTustin Legacy at the expense of

Cotmbus Square home owners


rental tenure project developers Lennar and META to be denied We the undersigneddo not wish to have this type ofcommunity built within our current community

tflk tt11C vii7 lkL 1rriCL3MrlUyJPrint name and sinature Homeowner acdress



Homeowner address

tita IGt4itzry 1Homeowneraddrss

Petition against Converting Coventry Court from Ownership lTenure o Rental Tenure

Conditional Use Permit CUP09024 Design Review DR 09024 and Amendments o the Final Trxt MapFTM 168L

and Concept Plan CP03003 to convert Coventry Court froowershfp tenure to rental tenure


r i

Print name and signaturersC 1


JSaJPrint ameandgnatu7re

Print nayrie and signaturej

l

Print name acid signatureiwv d

Printnrne and signaturel f

x

Pry nameard si ture

YL Y I K 1Lr Z


7

Homeowne addressv

Homeowner address

Homeowner addressr

Homeowner address

f

Hoineownef address

211 Ccvcic4e SHomeowner address

Homeowner address

Homeowner address

Print name and signaturr

r

Print nee and signattire

Print name and ignaturej r1 f f





iHomeowner address

Homeowner address

Homeowner address t

f

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Petition against Converting Coventry Court from Ownership 7icnure to 2ental Tenure

Conditional Use Pernit CUP09024Design Review DR 09024 and Amendments to he Cinal Tract Map ATM 681and Concept PlatCl03003 to convert Coventry Court from otmership tenure ro reotaltenure




Map FTM 6581 and Concept Flan CP 03003 to convert Coventry Court from ownership tenure to

rental tenure



Apartment rental complex l53 of these apartments will be rented as Affordable Housingunder the Section 8 Rental Agreement Of the 153 units 56 will be rented as moderateincome 61 as lowincome and 36 as very lowincome

We urge the Planning Commissioners and City Council Members to deny the proposalfor converting Coventry Court to rental tenure This proposal will create an unduehardship and burdens on our families increase our financial responsibility and increase

parking problems

1 MLTA the owner of Coventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control ofthe entireColumbus Square HOA Board and the Direction ofthe Community Thismeans the owners ofthe new apartment complex will be in total control ofour community


requirements This is not what we were told when we bought our homes4 All of this will have an extreme negative impact on our home values while


We the undersigned ask that the proposed application converting Coventry Court torental tenure project developers Lennar and META to he denied We the undersigneddo not wish to have this type ofcommunity built within our current community

Print name and signature Homeowner addr s

II

wPrint name andsinatu e homeowner address1 SfvtSiJr

t r 7 r

ninameandsignature Homeowner address

Petition against Converting Coventry CourttromOaiership iTenure to Rental TenureConditional UsePermit CI1P09024Design Review DR 09024 and Amendments to the Final TraMapF416581and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure



L rmt na ea d signature

rYItkHtrLlrPrint name and signature

Print n ne andsibnaturet e andsinatttre

Cttt2t5TPlhftPrint name aryl signature


Jr c1


5 X13 tiIsiHomeowner address

I

Homeowner address

Homeowner address

G1S S

Homeowner address

Homeowner a dress

Homeowner address

Homeowner address

wHomeowner address







J


Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Petition against Converting Coventry Court tFom Ownershp 2Tenure to Rental TenureConditional Use Permit CUP09024Design Review DR09024 and Amendments to the Finaf Trxt Map FTVt 1681and Concegt Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure



Conditional Use Permit CUP09024 Design ReviewDR09024 and Amendments to the Final Tract

1ap FTVI 16581 and Concept Plan CP 03003 to convert Coventry Court from ownership tenure to

rental tenure



Apartment rental complex 153 ofthese apartments will be rented as Affordable Housingunder the Section 8 Rental Agreement Ofthe 153 units 56 will be rented as moderate


We urge the Planning Commissioners and City Council iVlembers to deny the proposalfor converting Coventry Court to rental tenure This proposal will create an undue


parking problems

1 META the ownerof Coventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control of the entireColumbus Square HOA Board and the Direction of the Community This

means theowners of the new apartment complex will be in total control ofour community



4 Alt ofthis will have an extreme negative impact on our home values while




kby c r 14 l F viirj cam styN c I1Print name and signature

ClYlcGaPrint name and signature

1 tiltPrint name and signature

Homeowner address

Homeowner add

Z lz h4sHomeowner addr


Conditionaf Use Permit CUP09024 Design Review UR 09024 and Amendmencti to rile Final Tract Map F 1 M 1658Iand Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure




tiPrint name and signature

1rint natbe and stgna ure

Printna and nature

f

Print name and si ature

t9111Print name and signature


i 1


t l IJPrinttlame and signature

Print name and signatured


r

1wfin 2Ibar

Homeowner addressg 1 irr Z

Ho caner address

Homeowner address

i

Homeowner address

Homeowner address

f 0 ccti C i Gt f

HomeowneradpdrffessGAIYICCIfHomeowner address

l i

Homeowner addres

Homeowner a dress

1Homeowner address

Homeowner addre s

Homeowner address

mt name and signature Homeowneraddress 1

int name signature Homeowner address

int name and signature Homeowner address

Petition against Converting Coventry Court from Ownershiprenureto Renta Tenure

Conditional UsePermit CUP09024Design Review DR 09024and Amendments to the Final Trxt Map FTM 16581and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rentaltenure


Print name and sig at e















O itihrW 4Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Homeowner address

Petition against Converting Coventry Courtiom Ownership 3Tenure to tental Tenure

Conditional Use Permit CUP09024Design Review DR 09024 and Amendments to the Final Tract Map FTM 16581and Concept Clan CP03003 to convert Coventry Court from ownership tenure to rentaltenure

Columbus Square Zone t



MapFTM 16581 and Concept Plan CP 03003 to convert Coventry Court from ownership tenure to

rental tenure



Apartment rental complex 153 ofthese apartments will be rented as Affordable Housingunder the Section 8 Rental Agreement Of the 153 units 56 will be rented as rnoderateincome 61 as lowincome and 36 as very lowincome

We urge the Planning CommissiQners and City Council Members to deny the proposalfor converting Coventry Court to Pettal tenure This proposal will create an unduehardship and burdens on our familtesncrease our financial responsibility and increase

parking problems

1 META the owner ofCoventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control ofthe entireColumbus Square HOA Soard and the D cton ofthe Community Thismeans the owners of the new apartment complex will be in total control ofour community

2 Our HOA fees will increase approx 20 percent3 Columbus Square will absorb SO percent ofthe Tustin Legacy apartment

requirements This is not what we were told when we bought our homes4 Al ofthis will have an extreme negative impact on our home values while



rental tenure project developers Lennar and META to be denied We the undersigneddo not wish to have this type of c n ity built within our current community

Print name and matureg Homeowner address

iPrint name and

RAc prln0

zZ ve 4Y

Homeowner address

Print name and signatire Homeowner address

Petition against Converting Coventry Court Gom Chvnership 1Tenure to Rental Tenure

Conditional Use Permit CUP09024Design Review DR09024 and Amendments to the Final Tract Map FTM 16581mzd Concept Plan CP03003 to convert Coventry Court tomownership tenure to rental tenure

i

ColumtusSquare Lonc L

Print name andainature

Print name andsature

Noi euwne address

ri L

1 omeowi7eraidress

Print name any nature Hoiaeownraddress

Print name and siTaiure Hoiwner address

i i c

Print ame mdsinaturz lomcowilraddressF

Print nam and

7fi7GviOc cy Z7fir

sinarrc lomeowner addressr

Print Warne and signature Homeowner address

Columbus Square toile

TJ

Print name and signatue

PI111tllallleandSllatUrZ

Print name aridsignature

Print ameandsinatLUe

Print Warne andsinature

Print name and sipnature


Print name andsinature

fomeowner address

j

Homeowner address

Slomeowieraddress

7 7

1 1

itomeowner address

Homeowner address

Homeowner address

lorneowner address

1 Iomeowner address

n

Columbus Square Lone


Conditional UsePermit CUP09024 Design Review DR09024 and Amendments to tha Final Tract

Map ETM 16581 and Concept Plan CP 03003 to convert Coventry Court from ownership tenure to

rental tenure



Apartment rental complex 1 3 ofthese apartments will be rented as Affordable Housingunder the Section 8 Rental Agreement Ofthe 1 3 units 56 will be rented as moderateincome 61 as lowincome and 36 as very lowincome



parking problems

1 META the ownerof Coventry Court apartments will have 120 votes at future

Columbus Square IiOA meetings This will most likely control of the entireColumbus Square HOA Board and the Direction of the Community Thismeans the owners of the new apartment complex will be in total control ofour community


requirements This is not what we were told when we bought our homesAll ofthis will have an extreme negative impact on our home values whileunjustly enriching the future developers ofTustin Legacy at the expense ofColumbus Square home owners


rental tenure project developers Lennar and META to be denied We the undersigneddo not wish to havethis type ofcommunity built within our current community

t ci I I l f Lam c r

Prnt name andsignare Homeowner address

crCiG j4n I cliept til ylPrint namcand signature Homeowner address

I 141 11 V4 L Zc 1t i i4ftPrint nameand signature Homeowner address


Conditional Use Permit CUP09424 Design Review DR09024 and Amendments to the Final Tract Map FTM i681and Concept Plan CPj03003 to convert Coventry Court from otimership tenure to rental tenure


Prntamearsignature

J


1it jPri na eand sib ature

Print name and sig lurer

Print na e and signaturer


Homeowner address 257jq1 G1

Homeowner address

15G i yl Ltd7lt Y Firw CYO czHomeowner address

1C I Gii LiI 1 lfLL pj L U GHomeowner address

i r

U r

l 1 Cs 1 ry1 J 1 L f vt 7Homeowner addres

Homeowner addrss

i r


s7 i7vis j Iti1LC jvl fit yPrint name and signature Homeowner address


Print name and signatre

Print name and signatur1 rl1t N h4u j N

I

at U

Priiirtameandsiignasre




Homeowner address

Homeowner address

Homeowner address i y

Homeowner address

i5l1t11C3 wZ1tC tl G1 1 12l

Homeowner address

Homeowner address

Homeowner address

Petition againstConverting Coventry Court from Ownershiptenure to Rental Tanure

Conditional Use Permit CUP09024 Design Review DR09024 and Amendments to the FinalIrxtMap FTM 16581and Concep Plan CPj03003 to convert Coventry Caurt from ownership tenure to rental tenure



Conditional Use Permit CUPU902Design Review bR 09024 and Amendments to the Final Tract

MapFTM 1681 and Concept Plan CP 03403 to convert Coventry Court from ownership tenure corental tenure



Apartment rental complex 153 of these apartments will be rented as Affordable Housingunder the Section 8 Rental Agreement Of the 153 units 56 will be rented as moderateincome 61 as lowincome and 36 as very owincome

We urge the Planning Commissioners and City Council Members to deny the proposalfor converting Coventry Court to rental tenure This proposal will create an unduehardship and burdens on our families increase our financial responsibility and increaseparking problems

t META the ownerofCoventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control ofthe entireColumbus Square HOA Board and the Direction of the Community Thismeans the owners ofthe new apartment complex will be in total control ofour community


requirements This is not what we were told when we bought ourhomes4 Allof this wilt have an extreme negative impact on our home values while



rental tenure project develo ers1Lennar and META to be denied We the undersigneddo not wishtoave this ty community built within our current community

ti 7 Print name andsinattdre Homeowner aclclreccb

Printname and signature Homeowner address

Print narrindsieI S ISM y Uar

Homeowner address

Petition against Converting Coventry Court from Ownership 1Tenure to Renta Tenure

Conditional Use Permit CUP09024Design Review DR 09024 andMendments to the Final Tract MapFTt16581and Concept Plan CPOi003 to convert Coventry Court from ownership tenure to rental tenure


ru ti

PrJint name and sign t e

RL1ry N1iTTrate K AT4K il J V E r WGw a iLrrc


Print name and signatyaZit

Prin name and signature

cPrint name and sigi re

1

Print name and sig urC

ti2Z Z Cci L LJft

Homeowner address

Homeowner address

1SzolkwarHomeowner address

Homeowner address

2 fJ mot Lt1t l 21 CctrHomeowner address

Lf re yHomeowner address

Print name and signature Homeowner addr ss

rtr 1

Print name and signature Homeowner add ess

Print name and sihnatur Homeowner address

Print na eand s gnature


Print nam and signatures r

Print name and ienature

t a

Print name and ignature

Print nan e an signatureY

ffG lam c 6Homeowner address

lWo6Homeowneraddress

1 vkY ENSHo eon address

UryUlalnUyHomeowner address

lucl IltiHomeowner address

1

ftc t 1PEdi tHomeowner address

Petition against Converting Coventry Court from OwnershipTenure to Rental Tcnure

Conditional Use Permit CUPj 09024Design Reviaw DR09024 and Amendments to the Final Trect Map FTMj lGSRIand Concept Plan CP03003 to convert Coventry Court from ownership Tcnure to rental tenure


Pnnt name and signature

cog GGPrint name and signature

E

Print na and sigP re

1 l L1 GPrint name and signature

Homeowner address

Homeowner address

Homeowner address

r1hvz d

Homeowner address

pra y 4SZutlrsiSLtPrint name and signatur vmeowner address

rint name and signature Homeowner address

Print a e sig aturi Homeowner address

Print

nameand signature Homeowner address

tLr77y114Il1dPrint name and signature

A 5Print name and signatur

Frint name and signature


Gl

print name and signature



T 01 tL i I Ut fHomeowner address

Homeowner address 1

z

Homeownerbaddress 4

tHomeowner address

Homeowner address

s r5 iCAHomeowner address

Homeowner address

Petition aeainst Conveling Coventry Court fromOnerhipIenure to Rental Tenwe

Conditional UsePermit CUP09024Design Review DR09024 and Amendments to the Pina1 Tract flap FTM 16581and Concept Plan CP03003 to convectCoventry Court from ownership tenure to rental tenure

Columbus Square Zone i

Print name and signature Homeowner addres 5 Cam i27 Z

Print nam mature Homeowner address

G A1 i 1 SZ2 R r 75r1 c1y 9Print name and signature

yt Homeowner address


Print name and signatwe Homeowner address











Petition against Converting Coventry Court from0aroership 4Tenure to Rental Tenure

Conditional Use Permit CUP09424Design Review DR 09024 and Amendments to the Final Tract Map FTM 16581and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure



Conditional Use Permit CUP09024 Design Review DK 09024 and Amendments to the Final TractMap FTM 16581 and Concept Plan CP 03003 to convert Coventry Court from ownership tenure to

rental tenure


BackgroundA20unit 55 resident development named Coventry Court located in TustinsColumbus Square community is proposed to be converted from ownership to an

Apartment rental complex 153 ofthese apartments will be rented as Affordable Housingunder the Section S Rental Agreement Of the 153 units 56 will be rented as moderateincome 61 aslowincome and 36 as very lowincome


hardship and burdens on our families increase our financial responsibility and increaseparking problems

1 META the owner of Coventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control of the entireColumbus Square HOA Board and the Direction of the Community Thismeans the owners of the new apartment complex will be in total control ofourcommunity



4 All ofthis will have an extreme negative impact on our home values whileunjustly enriching the future developers ofTustin Legacy at the expense ofColumbus Square home owners


rental tenure project developers Lennar and META to be denied We the undersigneddo not wish to have this type ofcommunity built within our cunentcommunity


fi L tt u nyUt

Homeowner address

Print11u

Homeowner address

Petition against Converting Cuventry Court from Ownership 1Tenure to Rental Tenure

Conditional Use Permit CUP09024Design Review DR 09024and Amendments to the Final Trxt Map FTVI 16581and Concept Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure


s

PTZfiYname and signaturefit mi1 e

Pr t name a tr ture


rte ltyPrint name and signature

r4yArrcr THomeowner address

Homeowner address

X41 Va4lciot ve iin

Homeowner address

Homeowner address

Homeowner address

c 52

Print name and signattzre

t


i 5 st

Print name and signaturez

Print name and signaturet

4


Printname and signature

Print naive and signature


Homeowner address

Homeowner address

Homeowner address

i

Homeowner address

Homeowner ddress

Homeowner addessr

Homeowner adcktessV

vitGCJHomeowner address

C I1 Lr i f

Printname and signaure Homeowner address

Printname and signature Hameowner address


Conditional UsePermit CUP090Design Review DR0902d and Amendments to the Final Tract Map FTM 16581and Concept Plan CP03013to convert Coventry Court frvmomership tenure to rentaltenure


f rPrint name and signattxe Homeowner address

Print name andsiaturec Fc1

Print name and signat r

Pnnt name and sign ture


ennitotbalbPrint name and sig ature

C 1 v

Print na e and signature

pr

Print r

t 1

Homeowner address

Homeowner address

Homeowner address

l l 1rPNIu aHomeowner address

157 piyyis LoQOHomeowneraddress

Homeowner address

527g Uti15 tDHomeowner address

rcP nt name an signature Homeowner addres

157 y r n

Pri t ame and sign re Homeowner address


CK rson 1IMn orrlsrprint dame and signa e Homeowner addre

lPcaorJ eLsoa t6tWrSPrint name and ature Homeodress

sz2Print name and ign u e Homeowner addres

rfN 152 Gl JPrint name and si nature Homeowner address

Petition aganstConverting Coventry Court from Ownership 3Tenure to Rental Tenure

Conditional Use Permit CUP09024Design ZevewDt09024 and Amendments to the FinalIract1apFTvf 16581and Concep Plan CP03003 to convert Covenw Court fromomership tenure to rental tenure


Donlaraone 4r SZ1 CAr 1 R

Print name and signature Homeowner addresslou C C Is cafcPrint narrie ands nature Homeowner address

IN11 JNDlr lJZZZLd11yP ir nt name and s gnature Homeowner address

so ViiPrint name and signature Homeowner address

rr a












Petition against Converting Coventry Court from Ownership 4Penure to Rental Tenure

Conditional Use Permit CUP09024Design Review DR 09024 and Amendments to the Final Cract MapFCt16581and Concept Plan CP 03003 to convert Coventry Court from ownership tenure to rentatenure

i



Conditional Use Permit CUP09024 Design Review CDR 09024 and Amendments Co the Final TractMap FTM 16581 and Concept Ylan CP 03003 to convert Coventry Court from ownership tenure to

rental tenure



Apartment rental complex 153 ofthese apartments will be rented as Affordable Housingunder the Section 8 Rental Agreement Ofthe 153 units 56 will be rented as moderateincome 61 as lowincome and 36 as very lowincome

We urge the Planning Commissioners and City Council Members to deny the proposalfor converting Coventry Court to rental tenure This proposal will create an unduehardship and burdens on our families increase our financial responsibility and increaseparking problems

1 META the ownerofCoventry Court apartments will have 120 votes at futureColumbus Square HOA meetings This will most likely control ofthe entireColumbus Square HOA Board and the Direction of the Community Thismeans the owners of the new apartment complex will be in total control ofour community


requirements This is not what we were told when we bought our homesAll ofthis will have an extreme negative impact on our home values whileunjustly enriching the future developers ofTustin Legacy at the expense ofColumbus Square home owners



Print name and signature Homeowner add s


Yfi7 yi1t t1 Z tj I rrLfTrv S j 1CJ jJ c S r T cs


Petition against Converting Coventry Court from OwnershipCenure to Kemal Tenure

Conditional Use Permit CUP09024 Design Review DR09024 and Amendments to the Final Tract MapFCM 16581and Conecpt Plan CP03003 to convert Coventry Court from ownership tenure to rental tenure


Printname and signatur

Print n me and signature

Print name

and signature


1cPrint name and signature

f CL

Print na and signa


L lf1 11cLVt


Print name and signa re

Homeowner address

1

Homeowner address4

r7C tZ i lei t at1ls ti

Homeowner address

eowner addressi

fr

Homeowner ad ss

l t

Homeowner address

t tn rHomeowner a ress

y r vYytiev

uHomeowner address

Homeowner address







Petition against Converting Coventry Court from pwnership 7Tenure to Rental Tenure

Conditional Use Permit CUP09024Design Review DR09024 and Amendments to the Final Tract MapF1M16581and Concept Plan CP03003 to convett Coventry Court from ownership tenure to rental tenure

ATTACHMENT D

Letter from LennarRE Summary of Coventry Court Presentation to Columbus Square

Community Association Meeting on December 16tH

k h i 7 Posy Zrvaj p

January 5 2010

Ms Elizabeth A einsackCommunity Development DirectorCity ofTustin

300 Centennial WayTustin CA 92780

RE Summary ofCoventry Court Presentation to Columbus Square Community AssociationMeeting on December 16

Dear Ms Binsack

The following represents a summary prepared by meand submitted to the Columbus SquareCommunity Association Board Members as well as Merit for their concurrence that this fairlyrepresented the presentation and discussions that evening

Lennar and Meta Housing representatives presented the proposal we have before the City ofTustinto build Coventry Court as anagerestricted rental rnmmunity instead ofanagerestricted forsaledevelopment on Wednesday evening December 16th at their regularly scheduled HOA meeting

Approximately 20 residents were in attendance in addition to the Board ofDirectors

One resident Eric Higuchi submitted a list ofquestions prior to the meeting attached that hewanted answered Meta responded to the operational aspects of Coventry Court moving forward

In addition to describing that the built environment wasproposed to be exactly the same as a rentalcommunity and answering the questions posed by Mr Higuchi the following items were discussed

We shared the reasons for lackof success in selling Coventry that led us to request the changefrom ownership to rental

Mello Roos tax assessments would be paid the sameas if the community remained as aforsaledevebpment

The HOA Assessments could increase due to the proposal as the rental community would pay anamount equivalent to 50aoof the monthly Common Assessments The apartment communitywould also have voting rights equivalent to 50ofthe total units within Coventry Court Wediscussed thatthis wasa consistent approach within Master Planned Communities for a rentalparcel Itwas also acknowledged that consistent with DRE regulations the increase wouldrequire the approval of the residents if the amount ofthe increase was more than 20 Thecommunity is currently operating under the initial DRE budget

Questions were answered relative to when all development might be complete and when Lennarspeci0caliy wascomplete

25Enterprise Suite 200 Aiiso Viejo CA 92656 Phone 9493498000 Fax 949 3490798

Aside from the obvious concerns with increased HOA Assessments existing onstreet parking withinthe community and onstreet parking within Coventry appeared to be an issue thatwas concerningthe residents relative to the Coventry development regardless if it was rental orforsale

For some since the community was initially envisioned as forsale there was disappointment thatCoventry would not remain forsaleand fear relative to rental in general There was some mixedsupport or understanding for the proposal to build Coventry as a rental community While all wouldrather that Coventry remain aforsalecommunity most of those residents who might be consideredsupportive appeared to see value in the completion ofColumbus Square and did not appear overlyconcerned that the rental component wasdetrimental to their community

Lennar committed to bring forward to the Planning Staff a request by one resident Mr Eric Higuchithat the parking ratio for Coventry be further reduced to 158parking spaces to eliminate the 28 onstreet spaces on Charleston The request would not eliminate any parking on Charleston but isintended to restrict Coventry Court from utilizing these spaces in their parking analysisallocation

When the Board wanted to close this portion of the meeting a few residents indicated that they hadoutstanding questions When Lennar indicated they would be willing to answer any remainingquestions residents may have for us they then indicated they would attend the Planning Commissionmeeting and ask their questions there

In speaking with the Community Activities Director for Villages of Columbus a Merit ProperlyManagement Associate outside after the presentation portion ofthe meeting Meta offered toprovide additional marketing materials to her that identify operations and activities that are typical totheir seniors communities to further confirm that the seniors have a full range of amenities andactivities and function primarily as a standalone community within the larger Village of ColumbusSquare

As was obvious in the Planning Commission Meeting of December 8 the residents were clearlyupset that they had not received advance notice of the plans to change Coventry from forsale torental and wanted to be kept informed about future changes and city meetings While there was notasign1n sheetat the meeting Meritcommitted to distribute an email blast to all owners withinColumbus Square regardless of their distance from Coventry Court as to the upcoming PlanningCommission and City Council meetings This email distribution would notify thegreat majority of theresidents within the community

At the meeting we provided the following dates and have teamed since thatthe target date providedfor City Council is incorrect The construction and occupancy dates we presented are likelyaggressive by35months

January 2bth 2010 Planning CommissionFebruary 23rd 2010 City Council Incorrect Date ProvidedFebruary 16th 2010 City Counal if approved at Planning Commission Accurate Target DateJune 2010 Anticipated start of construction prior to continuance at Planning CommissionJanuary 2012 Estimated First OccupancyDecember 2012 Estimated to be Fully Leased Occupied

Please let me know if you have any questions Itappears that the community will be wellrepresented at both the Planning Commission and City Council meetings

25Enterprise Suite 200 AiisoVieio CA 92858 Phone 9493498000 Fax 9493490798

Drafted by Eric Higuchi

December 15 2009

General Questions

1 What is the current schedule for the senior living neighborhood Coventry Courta Planning commission approvalb City Council approvalc Start ofConstruction

d First Occupancye Last Delivery

2 What are the estimated rental rates for the affordable and market rate apartments

3 When does Lennar anticipate selling these as condominiums

4 Will individuals younger than S5 be able to live in a unit as long as there is an occupant older

than 55 in the unit as well

5 How will Lennar enforce a 55 age restriction

6 Will occupants at Coventry Court have access to the main Columbus Square Clubhouse

7 Can you provide the community with a copyof the draft CCRsfor this neighborhood Will

renters be provided a copy oftheCCRs

Entitlements

In my opinion the approved senior living product type is not appealing to Lennarstargeted market dueto the Southern California active adultspreferences for

an SFD home as opposed to an attached home

a single story ongrade home as opposed to atwostory homeor a unit accessible onlyby stairs orelevator

an attached two cargarage

Considering all these critical deficiencies in your productsdesign I believe itsquite possible that thiswill not be a successful project for Lennar Therefore it seems that the preferable course for Lennar

would be to build a lowerdensity product type on the site Meriwether in order to be able sell units at

a higher price point I understand that there are hurdles to be overcome in regards to entitlementstherefore I would like to know how can the community can workwith Lennar and the City ofTustin to

revise the entitlements to allow for a product type thatwillbebest for your bottom line in addition to

our community

Alternatively can Lennar seek approval to increase passive open space andonsiteparking by onlybuilding the 153 affordable units 7 structures Due to the cost of construction ofthis type of product125 psf and that the current economic downturn has significantly reduced the gap between the

affordable housing rental rate and market rental rate it seems that there would be negative cost

recovery by proceeding with the construction ofthe market rate units

Parking Questions

1 How will Lennar inform future residents ofthe rental community that they may only have one

car per household

2 How will Lennar enforce a one car per household rule within the neighborhoodsprivatestreets

The current proposed parking permit program does not specifically address rentersresiding in

developer owned units Preferably the master associationsparking permit program would not

be applicable to the residents ofthe active adult community and therefore all Coventryrenterswould be not be able to park master association streets overnight

However as approval ofthe parking program is ultimately up to a developer controlled HOA board its

seems likely that the board would allow Coventry renters to apply for onstreet parking permits Ifthisis the case

1 Will the residents be required to apply for the permits themselves or can Lennar applyfor a permit on behalf ofa resident Will Lennar be able to apply for a permit on behalf

ofa unit to be used as an incentive for a future resident

2 Will the permits be approved by a committee made up of residentsonly and notthe

board itself

3 Will Lennar adopt the same parking rules and regs for the private onsite parkingspaces at Coventry

ATTACHMENT E

Master Disclosure statement

E 1tlEliticrtiiaTrrrvisitttts Ilretc rtry tit lartrvisic7tsofvzrritrultvsizelracintlre

lltvistirlirttirrrtrctn lnterastILvestlretthct ciditiccl tt ectican4 13 ct seq of tlt

3lifcrrlitt Civil Ctatlc trltlae EedertlIai13ctttsin11ct ccaciifieltTitle 42 Clnitecf qtrtcsCtde4ectirtn 3t4t1 ct sect1lehrtrJsttltlcrtrctat 7rretricte tllt c7ttrltanitylsctiatiarlLcvrnir

Ucurnrtts 1ltillttsterlevilctaereigttltncxrl T3uilders ttdCcrrtrttunstsscrtiatutt nake

txraresirtttierrts ctr trrarttias rcartlirt tlte futttrc ertftrrcetlility cf 4triljtitttt citli

ttrrtrttrrtttssiivttirtCic3verrirtsjC7curncrts

rctavrtttulIrSccrRi4

21 IryaritrrtleCrtctttrrnaen Ifee hrcorciect ltnritllc11jusir JsrcctttettIntlacsittIttdc7vr7itatlce rt1razlsfcrfirerrairrtrffets crut t lcrnecnci the crtlter 11rttres

in tltttctntrrrttttitp The t7rcer7ntrequirestIzat artlrrtlzasrraacratc ctttzl tvcttctvettieth ctf

cttxe percent1tcotlrctotGil saltslficltiti5 x tcttrl 5tzle priccjllaitltttt tinge rr lItxtt

ire the Ccrnrrrrttit istr3ttyferrecl kt t trcctrer Ihc Irtclvrirent ec vilf tic tariri tc Lent1rr

Ciarital7le lltusir7Icarttxlaticrr t Ctlif7rnizr rttrrttrcfrt ptrblic fetXfit ccrtcrztticrr1craraclcrticrraltr7 hc trscil fttr the taurpctses descriletl irr tleArccaltttilterr rcurlctse

cscrestirftr tlt ptrclittse ctfcirlltfttttt will lea thelsntlvrnttt1ec ti tltcliattrltlttitn

1hercafiar eailt tirtte vcur 1lcrrc is resritl lira1ltrtvrrtct7t lie nzrzst bettrid rrt tlte clise ci

csarcw 7trt it t7rtt lie tatitt tither 1sy ritetcbuyer rtltc tfen currant seller Iltelrecuetttxill

lie incfctfGtr sn inctcfirtit taericxt cif tisnc

27 rlffctrclrtal IlirttsiatIrKtrtsitictntrl1Iausirrrilitct its cttrstirrhits rettuirel tlclastrr17cvelaterttrtt1eiltlxtrhecrlF3itilciats tct pritviciet4o IturtctredsittYsix Gjurit cf

ttlfctitialle lxrrsittffirrlralrleIlrrrsrrrrZlrrrtsj itltin klt Cctrlttrlttnilr ixttlttea iAfic7rcitzlle Irntsitt trtiks ill lrtlcicit iri iltt tnltrtllil1eitltltrlctcl EtttSttl11ffctrcitlila llfy3rstt llriit wil Le lccrtclirl r3i antttriuelirrtt Ncithlcrltxtd ztttd trie

lurutrect fiftyiltree 13AlttzdzleI1ctisitttltiistill lalcricti it rrt tiseztcaftIYCartttttrit

that wrilt lie clisiltttttttt tsItttzsis fftr tienicrsCttvctttrv CcttriCarttitl rltlrcartfirdalaie

lIatt4tlt Urtit till 17eifcrecl tc pcrsars tivhc clualif as ery Ittz ist zztct cnctctctttc irtctrla

buyers1ursuzrrtt to uidelincseskzE7lislteclty the tariteci Stttesllrrtsrtsst crf ltcttrsitl ztc111rat

lavelepnrent tcrr tle City I3ucts tv1tt ctutlify as ver tcr4t lctti zndni7dctarc irrcttrtta wilt

turclrrtsc their llctttles scrbjcct tc rastl4 rastrictictrts a5 rclccted itr rt rtccarclect covcrtrttt

trcernerrt tcr rtterucl cif fartfive t5 rertr4tyruzrt interrstecl itr ttre 1ftrrrtallallcttsiti

l1rits rcxt shculclciatsttltyaur srtlLsrpresetttrtiveCiteiurtlrurirfctrtaltrkitrt

7 1cive 4tluit Vcihtortrcract hrt AcivatttultlltilttrcrltctESti Ccsvett

Ccttrt is rnctse fat t1alintnutiit itrt Lrt7 oflitrct tt Ifitliis lccutcd t

Ghirlasicart crtcl arttbridtre trects atijttcarti tc Ctttritz trtet arrtlIatsit7tt1t11arkIiv irrcl is

tlarrrted tct ecnsst itilprtrxirrztttl ti ztfe restrictellttrttes ls rtn Ackitc Adult

lailrcFili7tc1 taallit7e rriust he crcaljlicitb rflrrstirte resiitertt tiarlro ss rt lcrrst yerirs rtf

trfu lftletctiyalduliTeihEcrnctcd Itr4 its cvt7 rccraaticnttifrcilities tlctl r3i1 ase5srnatlts

1ctr tlryentrirucrrtiElcc itf theserccrerrtirttz lttcilitits cretlt exclusive respctusililitaf thetsidcnts

tC the Active Adult eighlirhrrcl As istcsuit tlae recreaticntrlftcilitics lctcatc itllin t1ta

hetive ltlultlleihbanctctlare uctt cltt to otherr1tners in thL CctntrrtutYity prtrvidcd lttrtyvr

rite rcsidcrZtstftlaActivedultJ4itllbcrlcxtdttillhvethe riltt tttse thettrhlic recreutinnzl

IaFerlttis tQ 7d3rtaCtthidCtif

facilitis1at11d t1lrctt7llclttt tl7eCct7ttrtt2alit icl tltlctiatl il the rt4icicslts tf lte 1etielctrIt

hlcittlkctrrtxcllatccnre nletlbcrstitlir Cc3lrtllttrityf45cirttlrl tttci a trs4tssllerlts irr tte

Ctltlrlttttit LSStaGiti7rit1111 tllr4icie2tsiI the 1tiv tiultIdeitllltcrhtxti asttett7ltrstfthe CcJrulttnitrtstcitrtion till lrae tite rirkit tuetlcCczYltltnit14scciaticzlsirivattreccezltie2ai1tctitties ltilasierieGLcalxrze5rvts tlra rittccr12irtlctcilltrtt restrictecltal11t1ttrtitics iI ctttllcticrtsit theCcrrxnunitylleiglllcriocci Iit1itier rtla tltsta plztt trnciccrlstrtrctctllertIc4 rnclturllerc Io1nLs itlciutlirl rttniriEitilinlct2taritactNcl i651titltltczprvvzzb tlltitr

Iltrzite Iiczsirrtss Use rlv 1rcatllL itilittheCc7r11ltlttrtit ntt Cie ttsct tcrr iiltttLrscl1ttsinsltlrgtse5prcvicle tlttt 4ucit use is suljcct tc tilu tit fittstitts Ilcatli

Cctt1ltitrr Urciilrlnce iii tpilicrCkeilie ra isical iu i cttan21r ftllc CczlnttrrtIeclarrtrnrncf the ttnlm1r1itYCltric rylinestt rrctIvisciilrrt tiitirntrrunitDeclaration tlncit11 tcrrtrlturlitCitlicteln4nett cotltait4trit ierrsrieticansthltlfltca4c i1 the C itClrclinrtnt rtltclthat suc au4 ItliyrccillueLtatlittlcarttt ccanckt ittirteskicerreota sllrjlcf4 c7rttrtrttillCityfctr more i1rCtrnaticare arcliatittitlttsstrse4 it oLlr tIalltet

j1 rurl1s a3rt IC15Trts trrrYcltt t1r IClv4etittGrtthe CctttttaniytISIrevictslyuscxl as iLI ustitlItaritleCtrkasir SftlticallCr17rrslirrIllGIt111 irilCari4tIct eI7el 122rr7erltcai tht t 1tlvx7l4tctine res ulrsik4ctlttcisfor tltc nstttll itinIcstcratit3nIrtrirrIC1i llclist is a ccarxlirekcltsiverEirclltltrtcnfrtvesti 1ttcrltncic

Ietrluit2iisrt13cito ick rltiiirtv ytittcttlrtk 1 rltr ilnlicrlttncl rtuckc alcorltrnlitltu1rt has resttltt iiirc2tt11tlttdtlse cllerticnsE

11111IIClt1 tit11141 tctivhare it rcceivclertxttti cltnthtaitcrtliaL

ekltrrttltrltc I xieuE7st IrlcetCcrltrc1t7SCpruslltlsltc tl cieclerttllt scaurLe4CtalservltittlrltttkIccivc1rh 1ZCIt1t2CJCCitlCic tscc1 tc stcicn1ztrtlcttwwt4tttrri

cartlrancltl tClaii5ellf 7I ti7L C nCllEttri4Cai tllclt 1t rI1Ii1S iCt jlrli7riflCatrttiltritCliit clc

trltrtlcl4zscllharlrcltlsvtlstcctlstittrlrltitlrclttllcntttlte lrack111 ttll1111 petnrtflsexpire

ltltc5cc rrectivUactic7rtcllilticulscntitttrzand tlrc is tIn iertakirrellvircatrilrzitrli11vt

stiatit7n111111 clca lntlc tittiesIl icrEioltsc tl1c fc rttt ISe111111 1re tltitlt IcCrrnnttr1t1t alt

1 Gccrstrrrlrrrrir7jllzzlrrftrlltazrrtcarsrrttttcrial ir7 tlrc tt rn1nf rssl41cISCretSllt7ilti3lIlrnr1l itf111114xfi i1711rf1LtnfJt1lrIrlkGlrtCilicrlR1Stk151111fCtitt3Clt itilatrrltlingS 1rICi 41J t1CtU4IlifviiltSllC atvl121 illy1 atE1T71itnrt 111S1C1 1 tll2ltliciirnolitic

rlciftltelricrexittiltluikeiinsgrittrCc trtntxtrlitconttrittilti1Clvascc rnplettci thealljrctlriItcatrrtl cIrtalrettttirIetcctlrllirtlleci thtitCti1 111111lcctlr4r31c vctifrctlt thetuilttinl

tt1c1t tr nccessar5lik rirrtecliatin llaclbtert ccalxittcteci it1accc rti tncetivitlctllt k

lictlllzIciertstxttcrrltlIic tlias Irlciru rtic7rt4EckF

usc rrrctrtfcrFtrvir cjrrnrcrrrlrrlirzcrlrrrtirurf1rerrs nlent ovrtleCc

t1r11t1rityr1nreci ttltl e CJrtiteclt lt lttcaacttrtrtltllrcnt lltlI7el art rlenttitaleNavyI1r itltclcactttncnt ctltitieci Cllitef iittt13eedficar Iti Itrrt lyictrttrirItrceltndrielc Cr

Ealp11 r 1 L t dfrr14CSftr

This i3ocument was electresncalty recorded byNorth American

RICC312DIISGiZF1DBY

JRCiivITZTCA4V T1T1EtaMPANr

wxiNrCaruniro

MOF1TvtEADOVISIrhTNERSICcla Lcrttar Homes Caifbrnia IncAttn T1Ji2sn

25nterrise Sure 3g0Aiiso Viejo CA92G5G

recorded fn UffiiaRecords Orange bountyTorrr Daly ClerfRacorder

Hil43Uti2tfiDCQiT73t35aml1f0

cos s Doe R27 aaoooooooooaooasooooooooooo

jprxca brrvefor ltecrders Ise

STASTERllECLARAi0YtSCOVTIANTSCJI3UICC3iTS STRTCTICJNS

ANDFEI2VAIONOFEAINTS

OR

GnLIJiYIBTJS SQTIAR

75tG3333iCLP42fCCRSs8FF34ki321Efi

the Cavered Property Declarant will record an instrument reflecting the fact that the LIFOCProperty has been annexed to the Covered Property and will provide the Ciry with a copy ofsuchrecorded instrument

ARTICLEXVIIDECLARANT ANDNEIGHBORHOOD BUILDERRIGHTS AND EXEMPTIONS

Declarant reserves various rights in this Article to facilitate the smooth orderlydevelopment ofthe Covered Property andto accommodatechanges n the developmentplan thatinevitably occur as acommunity thesize ofthe Covered Property grows and matures

171 INTEREST OF DECLARANT Declarant intends to develop the CoveredProperty into a masterplanned community Declarant in cooperation with the City has createda comprehensive plan for the development of the Covered Property which includes modernmasterplanningobjectives which have been formulatod for the common good in the communityDeclarant the Neighborhood Builders or their successors or assigns intend but are notobligated to construct Homes and develop all of the Lots in the Covered Property Thecompletion of that work and sale resale rental and other disposal ofLots is essential to theestablishment and welfare of the Covered Property as a quality master planned communityEach Owner acknowledges thatDeeiarant has a substantial interest in assuring compliance withand enforcement of the covenants conditions restrictions and reservations contained in thisMaster Declaration andany Supplemental Declarations

172 RIGHTS The provisions of this Article XVII supersede and control over allother provisions of the Community Association Governing Documents as applied to Declarantand the Neighborhood Builders Declazant and the Neighborhood Builders have the followvngrights Nothing in the Community Association Governing Documents limits and no Owner orthe Community Association will interfere with Declarants or any Neighborhood Buildersexercise ofthese rights

1721 Subdivision To subdivide and resubdivide any portion ofthe CoveredProperty

1722 Sales To sell and rent any portion ofthe Cavered Property directly orthrough agents and representatives

1723 Development To complete excavation grading construction ofImprovements andother development activities on the Covered Property

1724 Construction To alter construction plans and designs to modifyImprovements and to construct such additional Improvements as Declarant or a NeighborhoodBuilderdeems advisable

1725 Grading To carry on such grading work as may be approved by theLocal GovernmentalAgency having jurisdiction

81

254433253CLp428tCCRS1581730viro6

ATTACHMENT F

Columbus Square Homebuyer Notification statement

You the undersigned Buyer are considering the purchase ofanew home in the Columbus Squazemaster planned residential community the Communitysin the City ofTustin the City Themaster developer of the Community will beMoffett Meadows Partners LLC MasterDevelaperand the Columbus Square Community Association a California nonprofit mutual benefitcorporation the Community Association will maintain portions ofthe Community We wantyou the Buyersto be an extremely satisfied customer Part of your satisfaction is in knowing asmuch as possible about your new home in the masterplanned Cornmunity We offer thisHomebuyer Notification Notcation as a service to describe to you various matters whichaught affect your decision to purchase Please read it carefirlly Be aware however that a muchofthe information in thisNotification has been obtained from other sources public agencies publicrecords etc and b the information contained in this Notification is not comprehensive Thisiaeans that we cannot guaranee the accuracy or completeness of the information disclosedBecause this information is subject to change without notice to us it also means that we cannotcommit to advise you ofany changes affecting the information in this Notification

Bysigning this Notificaianyou agree to independently verify all information regazding matters ofconcern toyou before the Close ofEscrow for yourhome purchase As a part ofyourprepurchaseinvestigation we strongly recommend that you visit the Community and the general vicinitysurrounding the Community on several different days at several different times to familiarizeyourselfwith the Community its location and its surroundings Unless defined in this Notificationcapitalized terms used in this Notification have the meanings given them in the Master Declarationof Covenants Conditions Restrictions and Reservation ofEasements for Columbus Square theMaster Declaration

OPEN SPACEPARKAREAS

Master Developer plans to construct three 3 Open SpacePark Areas within the Community Thefacilities in these Open SpacePazk Areas may include tot lots basketball courts barbeques picnictables orrestrooms orother popular park facilities There is no guarantee that any ofthese facilitieswill be included in the Open SpacePark Areas Residents living in the areas nearest to the OpenSpacePazk Areas may experience noise traffic and parking congestion light spillage glaze andother Impacts from the operation of these Open SpacelPazk Areas and the events that take placethere and may be inconvenienced by these impacts You are advised that Master Developer has nocontrol over the operation or use ofthe Open SpaceParkAreas after the completion ofconstructionthereof The Community Association or Neighborhood Association as applicable shall maintainthe Open SpacePazk Areas in accordance with alI City rules and regulations Some OpenSpacePark Areas may be located immediately adjacent to your Lot or Condominium Thoseportions ofthe Open SpaceParkAreas which will be open far public use and any associated accessor use easements to the public in connection with these Open SpacePark Areas are locatedapproximately as shown on Exhibit OS attached to the Master Declaration Residents of the

1

254433253CLP428DISClSR SSI35796J308

1

Community may experience glare from nightlighted activities at the Open SpacelPark AreasAdditionally from time to time balls and other objects may be hit out of the Open SpaceParkAreas and into lots and adjacent areas Residents of the Community may also experience noisesoriginating from the activities at the Open SpacePark Areas traffic noises from vehicles going toand from the club and noises from landscaping and other maintenance activities near the OpenSpacePark Areas Master Developer has no control over the use operation or maintenance oftheOpen SpaceParkAreas

RAIL CORRIDOR

There is arail corridor located to the north ofthe Community As ofthe date ofthis Notificationan estimated fiftynine59 trains per day pass through the rail corridor Master Developer has beeninformed by the City that this number is estimated to increase to overone hundred 100 trains perday by the year 2020 The impact ofthis rail corridor may include without limitation increasednoise light and vibration levels in the area of the Community The rail cornidor could be anattractive nuisance to children who may play in the vicinity ofthe rail corridor Master Developerand the Community Association have no control over the use maintenance or care of the railcorridor You should evaluate the impact of this rail corridor on your decision to purchase aLot orCondominium in the Community

MAJOR THOROUGHFARES

Major thoroughfares are located within the vicinity of the Community which include amongothers Edinger Avenue North Loop Road and West Connector Road Master Developer and theNeighborhood Builders have no control aver the use maintenance or care of these streets andthoroughfares You may experience noise dust and traffic within and in the vicinity of theCommunitybased on the publics use ofsome ofthese streets and thoroughfaresSOUND ATTENUATION

Pursuant toanoise analysis conducted by or onbehalf ofMaster Developer Lots or Condominiumsthat may most likely be susceptible to noise impacts from property uses surrounding theCommunity are identified as sensitive receptors as depicted on Exhibit A attached heretoApproved building plans may contain sound attenuation measures Ifyour Lot or Condominium isimproved with any sound attenuation measures you are prohibited from altering or modifying anysuch measures and you acknowledge and understand that the indoor sound attenuation measureswill only work as intended if the windows and doors remain closed You further acknowledge thatindividuals have varying sensitivity to noise and any sound attenuation measures installed byMaster Developer or aNeighborhood Builder may not reduce noise to a level that will satisfy everyexpectation Owners ofLots or Condominiums identified as sensitive receptors on Exhibit A andlocated at the southwest corner of the Community are advised that these Lots and Condominiumsare adjacent to an area west of the Community that is currently zoned far commercial and lightindustrial uses Owners of Lots or Condominiums in this area of the Community may experiencenoise traffic dust odors and other impacts from the operation ofthis commercial and industrialproperty By acceptance of a deed to a Lat or Condominium each Owner acknowledges andaccepts that Declarant has no control over anycommercial or industrial property or its impact on theOwners or the Community

2

2544332531CLP4281DlSC 79

63106

AFFORDABLE HOUSINGPTRANSTfIONAL HOUSING

The City has required Master Developer to provide two hundred sixtysix266 units ofaffordablehousing within the Community Certain Lots or Condominiums in the Community will be offeredto persons who qualify as very low low and moderate income buyers pursuant to guidelinesestablished by the United States Department of Housing and Urban Development for the CityBuyers who qualify as very low low and moderate income will purchase their Lots orCondontiniums subject to resale restrictions as reflected in a recorded covenant agreement for a

period offortyfive45 years Buyers who are interested in the affordable housing program shouldconsult their sales counselor for further information

UTILITY IMPROVEMENTS

In addition to utility lines all ofwhich will be installed underground in the Community there maybeaboveground and subterranean utility Improvements such as transformers lift stations water orsewer facilities fire hydrants lighting Improvements telecommunications vaults and other visibleImprovements necessary for the delivery ofutilities or other services eitber on or adjacent to eachLot or Condornixuum Each Owner understands that the placement of such Improvements isdictated by the needs of the applicable utility or service provider and the presence of suchImprovements in the Community is in accordance with easements created prior to or during thedevelopment of the Community You understand by accepting a deed to aLot or Condominium inthe Community that each Lot or Condominium and portions ofthe Association Property are subjectto one l or more such easements far placement of utility Improvements You may not modifyremove or otherwise interfere with utility Improvemens on any Lot or Condomizuum or otherportionofthe Community

COMMUNITX FACILITIES DISTRICT AND ASSESSMENT DISTRICTS

The Community lies within the boundaries of Special Assessment Districts and MelloRoosCommunity Facilities Districts which require the levy ofspecial taxes for the repayment ofbondsissued for the purpose of paying the cost of services or capital improvements that have been or are

being provided The amount of the special tax and any other information pertaining to any suchdistrict can be obtained from the County Assessorsoffice You will be obligated to pay theseassessments and taxes in addition the assessments imposed by the Community Association or anyNeighborhood Cozporation

MAINTENANCE

The Community Association shall maintain all completed Improvements on the AssociationProperty it is obligated to maintain including the Parkways desenbed in Section922ofthe MasterDeclaration Open SpaceJPark Areas streetsie lighting drainage facilities alleys and paseosall in conformance with any Maintenance Guidelines The Association Property is described inExltbitAP attached to the Master Declaration Please refer to Section 92 of the MasterDeclaration for further information concerning maintenance by the Community Association

3

2544332S31CLP428DISCLSR58357961306

ACCESS

Neither the Community nor any street sidewalk alleyway or paseo located within the Communityshall be privately gated provided however that any swinuning pool andor spa facility within theAssociation Property and any indoor recreational facilities such as aclubhouse and bathrooms maybe gated or locked and made available solely to Residents of the Community and their familyinvitees and guests Neither Master Developer nor the Community Association undertake toprovide security or privacy for the Community or buyers nor do they make any representations orwarranties concerning the security orprivacy ofthe Community or Residents

HOME BUSINESS USE

Any Home within the Communitymay be used for business purposes provided such use is subjectto City regulations pertaining to allowable home business use and such use may require zoningclearance and a business license You should contact the City for more information regardingbusiness uses that are allowed in your Home

TRASH

For certain Homes in the Community trash must be kept in individual and sanitary containers atdesignated locations as approximately shown on Exhibit TC to the Master Declaration Inaccordance with the Community Guidelines no odor may be permitted to arise therefrom so as torender any portion of the Community offensive ar detrimental to any other property in the vicinitythereof or to its occupants Your trash containers may be exposed to the view of neighboringHomes only when set out for a reasonable period of time no earlier than 600pm on the daybefore scheduled trash collection times and na later than midnight the day ofpickupVIEWSSURROUNDINGPROPERTIES

Properties surrounding the Community may be developed in accordance with City ordinances in amanner which may partially or totally obstruct views from your Lot or Condominium MasterDeveloper and the City make no claim warranty or guarantee that views from any Lot orCondominium will be preserved as development ofsurroundingproperties occurs

PARKING

Vehicles may not be parked in the no parking zones identified in the Master Declaration or anySupplemental Declarations Certain of these o parking zones will be identified only by signsand W11 aot be identified with redpainted curbs Vehicles parked in these noparking zones maybe towed immediately without advance notice to vehicle owners Theparking and circulation areasin the Community are located approximately as shown on Exieibit PC and Exhibit OS to theMaster Declaration Vehicle parking in private streets is subject to local ordinances andCommunity Association regulations Please refer to Section 24 of the Master Declaration forfurther restrictions concerning parkingofvehicles within the Community

4

ZS4433253tCLP428DISCLSR158 i 357963108

BUILDING SETBACKS

Construction of Improvements in the yard of any Lot or Condominium such as pools spas patiocovers BBQ fountains trellises and water features are subject to minimum setback and heightrestrictions and may not be permitted You should refer to the Community Association GoverningDocuments and applicable City ordinances for any restrictions concerning the construction of anyImprovements to your Lot orCondominium

PHASED CONSTRUCTION AND SALES ACTIVITY

Phased Construction and sales activities will be occurring within and in the vicinity of theCommunity Sales activity will increase the vehicle and pedestrian traffic within the CommunityThis may result in inconvenience to residents in the Community due to increased Ight noise anddust from the construction activities and the operation ofthe model homes and sales office As aresult of construction and sales activities public and private utilities water electrical cabletelevision sewers storm drain etc within the Community andor servicing your Home may betemporarily interrupted andor adversely affected You agree to exercise extreme caution and toobserve all signs while driving through construction areas and to observe the temporary closure ofstreets and the rerouting oftraffic

SCHOOLS

The Community is currently located in the Tustin Unified School District telephone 714 7307301 the School District To obtain further information about the schools serving theCommunity including transportation to and from the schools please contact the School DistrictYou should investigate this matter to your satisfaction prior topurchasing aLot or Condominium inthe Community

FUTURE FIItESTATION SITE

The Community is located adjacent toa future fire station site at the corner ofEdinger Avenue andWest ConnectorRoad The fire stationwill operate twentyfour24 hours aday and seven 7 daysa week Residents in the vicinity of the fire station will notice noise sirens light glare and otherimpacts from the operation ofthe fire station and emergencyvehicles You are advised that MasterDeveloper has no control over the operation or use of the fire station You should evaluate theimpact ofthe fire station on your decision to purchase aLot orCondominium in the CommunitySALE AND OWNERSHIP PERMCAS TUSTIN SPECIFIC PLAN

Development within the Community is approved for sale and ownership tenure only in accordancewith Chapter39345ofthe MCAS Tustin Specific Plan

ENVIRONMENTAL CONDITION

The Community is located on aportion of the former Marine Corps Air Station Tustin MCASTustin that the United States Government once owned and operated Certain Lots within theCommunity are located in areas that were previously used by the US Government to store andwash vehicles and equipment that were used at MCAS Tustin These areas are designated IRl

5

2594332S3CLP4281DISCLSR 8135963108