Tustin City Council
September 1, 2026

12.4 VMT/Capita

17.3 VMT/Employee
1 OCTAM 5.1 v.11.22.23 base year (2019) statistics.
--
--
Trip Generation Evaluation:
* Use trip rates from the latest edition of the ITE Trip Generation Manual or as approved by City Staff.

NO
Citywide Average Home-Based VMT1 =
Citywide Average Employment VMT1 =
Internal Trip Credit:

Pass-By Trip Credit: % Trip Credit:

Trip Credit:

Affordable Housing Credit: % Trip Credit:

Source of Trip Generation:

Project Trip Generation:

VMT Rate for Project TAZ1 Project Type
City of Tustin VMT Thresholds
II. VMT Screening Criteria
% Trip Credit:

B. Is the Project within 1/2 mile of qualifying transit? C. Is the Project a local serving land use?
E. Are the Project's Net Daily Trips less than 500 ADT? D. Is the Project in a low VMT area?
Low VMT Area Evaluation:

Version: March 26, 2025
Net Project Trip Generation: Average Daily Trips (ADT)
Average Daily Trips (ADT)
Existing Land Use Trip Credit:

A. Is the Project 100% affordable housing?
Project Traffic Analysis Zone (TAZ)
VMT/Capita
VMT/Employee
Residential:

Non-Residential:

Does project trip generation warrant an LOS evaluation outside of CEQA?

CITY OF TUSTIN

VMT SCREENING FORM FOR LAND USE PROJECTS
This form acknowledges the City of Tustin requirements for the evaluation of vehicle miles traveled (VMT) under CEQA.

The analysis provided in this form should follow the City of Tustin approved VMT Guidelines, updated version March 26, 2025.

Case Number:

I. Project Description
Project Location:

Project Name:

Current Zoning: Proposed Zoning:

Project Description:

Current GP Land Use: Proposed GP Land Use:

Does the Project require a General Plan Amendment and/or Zone Change? Clearwater at Tustin Legacy - Active Adult and Assisted Living Development SEC of Warner Avenue and Armstrong Avenue, Tustin, California APN No: 430-481-12 The 6.14 acre site accommodates two buildings with structured subterranean parking. Building #1 is an active adult residential building with 174 units including studios, one bedroom, and two-bedroom apartments. Building #2 is a 134- bed assisted living and memory care facility. TUSTIN LEGACY SPECIFIC PLAN (PA 8, 13,14) Same as current MIXED-USE URBAN (NEIGHBORHOOD D) Same as current No NoNo NoNo No 1056 9.5 [a] 35.6 X X
Institute of Transportation Engineers (ITE) Trip Generation, 11th Edition. 870NoNo NoNo 870 YES [a] The Home-Based VMT/Capita of 9.5 (for TAZ 1056) is less than the City's threshold of 12.4 VMT/Capita. However, the project has both a residential and a non-residential component and the non-residential commute metric for TAZ 1056 of 35.6 is greater than the city's threshold of 17.3 VMT/Employee. Therefore, TAZ 1056 is not considered a low-VMT generating area. See Attachment A-1 for the OCTAM (ver. 5.1) used in this screening assessment. ATTACHMENT B

Source:

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

G. Mitigated Project TAZ VMT Rate:

Development review and processing fees should be submitted with, or prior to the submittal of this Form.

The Public Works and/or Planning Division staff will not process the Form prior to fees being paid to the City.

D. Does Unmitigated Project VMT Rate Exceed VMT Threshold? Company:

Developer/Applicant
H. Significance Finding:

Email:

Date:

All mitigation measures are subject to become Conditions of Approval of the project. Provide attachments showing all VMT reduction calculations.

C. Unmitigated Project VMT Rate:

B. City of Tustin VMT Threshold of Significance:

F. Mitigation Measures:

Version: March 26, 2025
III. VMT Analysis Summary
VMT Reduction Mitigation Measure: Estimated VMT
Reduction (%)
E. Percentage Reduction Required to Achieve the Citywide Average VMT:

Date
Approved by:

Email:

Date:

Phone: Phone:

Contact:

Address:

Prepared By
Company:

Address:

Tustin Public Works Engineering Date Tustin Community Development Planning Contact:
(Less than significant, less than significant with mitigation, potential significant, etc.) --
--
--
Total VMT Reduction (%)
A. Is additional VMT modeling required to evaluate impacts? Projects that do not satisfy at least one (1) of the VMT screening criteria AND generate 2,400 or more net daily trips AND require a zone change/general plan amendment may require additional VMT modeling using OCTAM. Project that generates less than 2,400 daily trips may use the base TAZ rate for VMT analysis and mitigation purposes. --
--
YES [b]
[b] A separate VMT analysis is being prepared and will be submitted concurrently with this VMT screening assessment.

David Evans and Associates, Inc. James M. Daisa, PE 17542 17th Street, Suite 150 | Tustin, CA 92780 909.912.7304 [email protected] August 20, 2025 ATTACHMENT B (CONTINUED) Zone Home-based VMT per Capita Employment (commute) VMT per employee
782 8.4 19.0
1012 21.1 17.8
1013 10.5 16.7
1015 13.0 17.9
1017 12.4 17.1
1019 22.7 21.3
1020 18.2 18.2
1021 17.6 18.2
1022 16.1 18.2
1023 12.8 17.2
1024 10.7 16.9
1025 8.4 16.5
1026 9.3 16.0
1027 9.5 16.1
1028 9.3 15.8
1029 9.4 17.6
1030 11.0 17.2
1031 9.5 16.3
1032 12.0 15.8
1033 9.0 15.5
1034 12.7 17.6
1035 12.0 17.4
1036 14.1 17.4
1037 13.4 16.2
1038 10.5 16.6
1039 13.1 16.8
1040 12.5 19.1
1041 2.6 15.6
1042 11.4 16.7
1043 12.5 20.0
1044 12.4 21.8
1045 9.1 16.0
1046 11.4 17.6
1047 13.6 20.1
1048 1.9 17.2
1049 0.0 19.4
1050 9.1 19.1
1051 2.8 18.7
1052 0.0 0.0
1053 10.6 18.2
1054 10.8 18.5
1055 0.0 0.0
1056 9.5 35.6
1057 0.0 18.1
** Note that as OCTAM is updated, these statistics are subject to change.

OCTAM 5.1 v.11.22.23 Base Model Year 2019 VMT Statistics * Geography nests into OCTAM zone structure. VMT includes all VMT to/from specified geography, except for VMT that leaves OCTAM model area.

ATTACHMENT B (CONTINUED)

TAZ-SPECIFIC VMT / CAPITA AND VMT / EMPLOYEE
(2019 BASE YEAR OCTAM MODEL VER. 5.1)
= VMT/Capita ≤ City of Tustin's 2019 Citywide Average VMT/Capita ENGINEERING GROUP INC. Exhibit D Low VMT Areas VMT Per Capita VMT ANALYSIS GUIDELINES // CITY OF TUSTIN Legend = City of Tustin Boundary Santa Ana I-5 Freeway
Santa Ana I-5 Freeway Bryan Avenue Irvine Boulevard
Tustin Ranch Road
Jamboree Road
SR-261 4th Street
Tustin Avenue
Prospect Avenue 17th Street Santa Clara Avenue
SR-55
Esplanade Avenue Main Street 1st Street McFadden Avenue Sycamore Avenue Edinger Avenue
Drive
Warner Avenue
Barranca Parkway
Dyer Road Warner Avenue SR-55 Red Hill Avenue
Red Hill Avenue
Armstrong Avenue
Moffet
Newport Avenue Skyline Drive
Browning Avenue
Harvard Avenue N ATTACHMENT B (CONTINUED)

MAP OF LOW-VMT AREAS BASED ON CITYWIDE AVERAGE VMT / CAPITA (2019 BASE YEAR OCTAM MODEL VER. 5.1)

PROJECT TAZ
= VMT/Employee ≤ City of Tustin's 2019 Citywide Average VMT/Employee ENGINEERING GROUP INC. Exhibit E Low VMT Areas VMT Per Employee VMT ANALYSIS GUIDELINES // CITY OF TUSTIN = City of Tustin Boundary Legend
Santa Ana I-5 Freeway
Santa Ana I-5 Freeway
Bryan Avenue
Irvine Boulevard
Tustin Ranch Road
Jamboree Road
SR-261 4th Street
Tustin Avenue
Prospect Avenue 17th Street Santa Clara Avenue
SR-55
Esplanade Avenue Main Street 1st Street McFadden Avenue Sycamore Avenue
Edinger Avenue Drive
Warner Avenue
Barranca Parkway
Dyer Road Warner Avenue
SR-55
Red Hill Avenue
Red Hill Avenue
Armstrong Avenue Moffet
Newport Avenue
Skyline Drive
Browning Avenue
Harvard Avenue

N ATTACHMENT B (CONTINUED)

MAP OF LOW-VMT AREAS BASED ON CITYWIDE AVERAGE VMT / EMPLOYEE (2019 BASE YEAR OCTAM MODEL VER. 5.1)

PROJECT TAZ
1 t +1 213 267 2332 | f +1 213 318 0744
[email protected] | www.gentecsol.com
11845 W Olympic Blvd. 11th Floor, Los Angeles, CA 90017 GTS | General Technologies and Solutions

MEMORANDUM
Date: October 6, 2025 GTS: 250805
To: Jim Daisa, DEA
From: Rawad Hani, GTS
Subject: Vehicle Miles Traveled (VMT) Analysis – Clearwater at Tustin Legacy Active Adult and Assisted Living Development, City of Tustin, CA
This memorandum describes the development of vehicle miles traveled (VMT) analysis for the proposed Clearwater at Tustin Legacy Active Adult and Assisted Living Development (project) in the City of Tustin (City), CA. The project is located on the southeast corner of Warner Avenue and Armstrong Avenue in the City of Tustin, California. The project is a senior living community within the Tustin Legacy Specific Plan designed to promote both independence and care of the project’s residents with two distinct yet Interconnected buildings. The project includes a five-story Active Adult residence building on the western half of the site and a two-story Assisted Living and Memory Care facility on the eastern half. The VMT analysis evaluated the project using travel model obtained from Orange County Transportation Authority (OCTA).

Background
On December 28, 2018, the California Office of Administrative Law cleared the revised California Environmental Quality Act (CEQA) guidelines for use. Among the changes to the guidelines was removal of vehicle delay and level of service from consideration under CEQA. With the adopted guidelines, transportation impacts are to be evaluated based on a project’s effect on vehicle miles traveled (VMT).

Methodology
The project VMT analysis was conducted using the City of Tustin’s “City of Tustin Vehicle Miles Traveled Analysis Guidelines – March 2024” (guidelines). The City recently updated project screening forms for land use projects and the low VMT screening maps based on most recent version of travel model from OCTA – OCTAM 5.1. Based on the information provided by the City, the guidelines remained unchanged, with the exception of the screening forms and maps. The guidelines included project screening criteria which were reviewed for project evaluation. This project was compared with screening criteria established in the guidelines to check if the project can be screened out of a detailed VMT analysis. Evaluation of the screening criteria is described below:

Affordable Housing: Based on the guidelines, projects that consist of 100% affordable housing can be screened out of a detailed VMT analysis. The project is not an affordable housing project and therefore, the project cannot be screened out using this criterion.

High Quality Transit Screening: The guidelines establish that projects that are located within one half (1/2) mile of an existing major transit stop or an existing stop along a high-quality transit corridor will have Clearwater at Tustin Legacy, City of Tustin, CA
Vehicle Miles Traveled (VMT) Analysis
2 a less than significant impact on VMT. The project is not located within ½ mile of existing major transit stop and therefore, this screening criterion is not applicable for the project.

Local Serving Land Uses Screening: The guidelines identify specific land uses that qualify as localserving. Since the proposed project does not fall under any of these categories, it cannot be classified as a local-serving use. As a result, the project is not eligible to be screened out and requires a detailed VMT analysis.

Low VMT Area Screening: The guidelines recommend that projects that are located within low VMT area based on the VMT screening map can be screened out of detailed VMT analysis. Based on the most recent version of low-VMT area maps (using OCTAM 5.1), the non-residential component of the project is not located in a low VMT area based on the screening map (VMT per employee) and therefore this screening criterion is not applicable for the project.

As described above, the entire project doesn’t meet any of the screening criteria identified in the guidelines. Hence, a full VMT analysis was conducted using the most recent version of Orange County Transportation Analysis Model (OCTAM) – OCTAM 5.1 same as the version used for the most recent screening forms and maps in the City’s guidelines.

Model Approach
OCTAM is a socioeconomic data based model and so the project land use must be converted into model socioeconomic data categories for modeling purposes. The project includes Active Adult residential units, as well as assisted living and memory care facilities—land uses that do not fit typical development categories. To assist with land use conversion, the project team provided information on potential tenant types for the Active Adult housing and the number of employees for the assisted living and memory care components. Since residents of assisted living and memory care facilities are assumed not to generate trips independently, employee trips and associated VMT are expected to represent the majority of projectrelated travel. Accordingly, the Active Adult housing was treated as a residential land use, while the assisted living and memory care facilities were categorized as non-residential/non-retail land uses for modeling purposes.

The project consisted of 172 active adult residential units, including studios, one-bedroom, and twobedroom apartments. For the purposes of modeling the following assumptions were used. - A total 104 studios and one-bedroom units.
- Total of 68 two-bedroom apartments.
- An average household size of 1 person was used for studios and one-bed rooms whereas an average household size of 1.5 persons was used for two bedroom apartments. - Given the units are active adult units, it was assumed that 20% of total population will still be employed.
- The average household income of City of Tustin was used as the median household income.

As previously mentioned, the assisted living and memory care facility were assumed as non-residential land use. Based on information provided by the project team, a total of 65 full time equivalent employees Clearwater at Tustin Legacy, City of Tustin, CA
Vehicle Miles Traveled (VMT) Analysis
3 are assumed at the assisted living and memory care facility. A total of 5 employees were assumed for the active adult housing for a total of 70 employees for the project.

Based on the guidelines, land use projects should evaluate both base year and horizon year project generated VMT to identify project’s VMT impact. However, the guidelines recommend using OCTAM future/horizon year to establish project VMT impacts for projects that are located with Tustin Legacy Specific Plan area (Section 3.2 - Mitigating Impacts Using the VMT Screening Form, page 8 footnote) due to lack of residential and employment development in OCTAM base year scenario. As previously noted, the project is located within Tustin Legacy Specific Plan and therefore, project VMT modeling was conducted using OCTAM 5.1 future/horizon year of 2050.

OCTAM socioeconomic database for the future/horizon year was updated with the project land use to calculate project VMT. Typically, project VMT is calculated by isolating the project in a new TAZ or multiple TAZs depending on the diversity of project land uses and project size. Since OCTAM does not allow addition of new TAZs, two TAZs (one TAZ for project residential use, one TAZ for project nonresidential use) were borrowed for modeling this project. Non-project related land use for the borrowed TAZ was moved to an adjacent TAZ and only project land use was included for the borrowed TAZ. The project TAZ was utilized to calculate land use specific VMT metrics for the project.

No project specific network modifications were conducted for the horizon scenario. Full model run with feedback loops was conducted for the project scenario. It should be noted that the project land use was included in the model as additional land use in the cumulative (2050) scenario and no redistribution of land use growth from other TAZs was conducted.

VMT Analysis
The guidelines recommend use of VMT per capita to evaluate residential land uses whereas VMT per employee for non-residential land use projects. The VMT per capita includes VMT generated by all homebased trips (productions) whereas VMT generated by homebased work trips (attractions) is used to estimate VMT per employee. Also, the guidelines established that a significant transportation impact occurs if project VMT per capita exceeds base year average VMT per capita for the City of Tustin.

Similarly, the project would have significant impact if the project VMT per employee exceeds base year average VMT per employee for the City of Tustin.

Therefore, the project VMT per capita for the future/horizon year was compared with base year City of Tustin VMT per capita. Similarly, project VMT per employee was compared with the base year City of Tustin VMT per employee to determine project’s VMT impact. The base year City of Tustin VMT per capita and VMT per employee thresholds were obtained from the most recent screening forms.

Table 1 below shows the 2050 project VMT per capita and VMT per employee metrics along with regional VMT thresholds.

Clearwater at Tustin Legacy, City of Tustin, CA
Vehicle Miles Traveled (VMT) Analysis
4 Table 1: Project VMT analysis
2050
Clear Water at Tustin Legacy
(Project) City of Tustin*
Households -
Population 206 -
Employment 70 -

Homebased (HB) VMT 1,219
Homebased Work (HBW) VMT 1,157 -

HB VMT per capita 5.9 12.4
HBW VMT per employee 16.5 17.3
*: Obtained from the most recent City of Tustin VMT Screening Form for Land Use project. Dated: March 26, 2025 Conclusion
Based on the VMT analysis as illustrated in Table 1, the project generated VMT per capita and VMT per employee for both residential and non-residential components of the project are lower than base year City of Tustin’s VMT per capita and VMT per employee respectively. Therefore, the project doesn’t constitute a significant VMT impact.

SOURCE CODES
(1) STANDARD CONDITION (2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE (4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION / PROJECT-SPECIFIC CONDITION

EXHIBIT B

CONDITIONS OF APPROVAL

CLEARWATER AT TUSTIN LEGACY
SUBDIVISION 2025-0003/TENTATIVE PARCEL MAP 2025-151
CONDITIONAL USE PERMIT 2025-0012
DESIGN REVIEW 2025-0008
DEVELOPMENT AGREEMENT 2025-0001
Source No. Condition Responsible
Department
Timing / Trigger

GENERAL
(1) 1.1 The proposed project shall be in compliance with the Tustin Legacy Specific Plan, Tustin City Code (TCC),
and City of Tustin Guidelines and Standards and
conform with submitted plans for the project date
stamped August 11, 2026, on file with the Community
Development Department, except as herein modified,
or as modified by the Community Development Director
in accordance with this Exhibit. The Community
Development Director may also approve minor
modifications to plans during plan check if such
modifications are consistent with the provisions of the TCC, and other applicable regulations.

CDD Ongoing
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, CDD Prior to building permit
ATTACHMENT 1B
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 2
Source No. Condition Responsible
Department
Timing / Trigger
subject to review and approval by the Community
Development Department.
(1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and
substantial construction is underway within 24 months
of this approval, unless otherwise provided by
Development Agreement (DA) 2025-0001 included as
Exhibit A of Ordinance No. 1580. Time extensions may
be considered consistent with the provisions of DA
2025-0001.

CDD Within 24 months of
approval
(1) 1.4 Approval of SUB 2025-0003/TPM 2025-151, CUP
2025-0012, DR 2025-0008, the Density Bonus
incentive and waiver requests, and DA 2025-0001 are
contingent upon the applicant and property owner
signing and returning to the Community Development
Department a notarized “Agreement to Conditions
Imposed” form and the applicant and/or property owner
signing and recording with the County Clerk Recorder
a notarized “Notice of Discretionary Permit Approval
and Conditions of Approval” form. The forms shall be
established by the Community Development Director,
and evidence of recordation shall be provided to the
Community Development Department.

CDD Ongoing
(1) 1.5 The applicant shall comply with executed DA 2025- 0001 and the associated Disposition and Development
Agreement (DDA).

CDD / Real
Property
Ongoing
(1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant
to TCC Section 1162(a).

CDD Ongoing
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 3
Source No. Condition Responsible
Department
Timing / Trigger
(1) 1.7 In the case of any conflict between these Conditions of Approval and DA 2025-0001, the DA between the City
of Tustin and Developer shall govern.

CDD / City Attorney Ongoing
(1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including
attorney’s fees, subject to the applicable notice,
hearing, and appeal process as established by the City
Council by ordinance.

CDD Ongoing
(1) 1.9 As a Condition of Approval of SUB 2025-0003/TPM 2025-151, CUP 2025-0012, DR 2025-0008, the Density
Bonus incentive and waiver requests, and DA 2025-
0001, the applicant shall agree, at its sole cost and
expense, to defend, indemnify, and hold harmless the
City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and
employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the
Planning Commission, or any other decision-making
body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such
claim or action filed against the City and to fully
cooperate in the defense of any such action. The City
may, at its sole cost and expense, elect to participate in the defense of any such action under this condition.

City Attorney Ongoing

USE RESTRICTIONS
*** 2.1 The project shall include 172 residential units for active seniors, inclusive of 26 units affordable to Lower
Income households, and an approximately 143,000
square foot assisted living and memory care facility
containing 103 units (75 assisted living units and 28
memory care units) with a total of 134 beds, together
CDD Ongoing
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 4
Source No. Condition Responsible
Department
Timing / Trigger
with parking garages, surface parking, landscaping,
and recreational amenities, as depicted on the
approved plans.
*** 2.2 Prior to issuance of the first Certificate of Occupancy (C of O) for the residential community for active seniors, the applicant shall record against the property, in a form approved by the City Attorney, a covenant restricting
occupancy of the 172 residential units to senior citizens consistent with California Civil Code Sections 51.3 and

51.12 and the federal Housing for Older Persons Act of
1995. The covenant shall run with the land and shall
remain in effect for the life of the project.

CDD / City Attorney Prior to first C of O
(residential)
*** 2.3 The assisted living and memory care facility shall be licensed by the California Department of Social
Services (CDSS) as a Residential Care Facility for the
Elderly. Prior to issuance of a C of O for the facility, the applicant shall provide the Community Development
Department with a copy of the CDSS license, or written
evidence that the license application is pending and
that occupancy will not commence prior to licensure.

The applicant shall also obtain and maintain any
additional State approvals required to operate a
memory care program. A copy of any subsequent
license, license renewal, or change of operator shall be provided to the Community Development Department
within 30 days.

CDD Prior to C of O (ALMC)
and ongoing
*** 2.4 The memory care wing shall be maintained as a
secured wing, separate from the assisted living units,
with staff trained in dementia care, and staff shall be present at all times. The outdoor balcony serving the
memory care wing shall be maintained as secure space
for residents.

CDD Ongoing
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 5
Source No. Condition Responsible
Department
Timing / Trigger
*** 2.5 The assisted living and memory care facility shall be staffed on a 24-hour per day basis consistent with
CDSS licensing requirements. Any change in the
operator of the facility shall be reported to the
Community Development Department in writing within
30 days.

CDD Ongoing
*** 2.6 No convalescent care, skilled nursing facility, or hospital use is approved by CUP 2025-0012. Any
proposal to establish such a use shall require a new or amended conditional use permit.

CDD Ongoing
(4) 2.7 All parking spaces within the project site shall be maintained as shown on the approved site plan. Any
changes to the number, location, or size of parking
spaces shall be reviewed and approved by the
Community Development Director.

CDD Ongoing
*** 2.8 The amenities shared between the residential
community for active seniors and the assisted living and memory care facility, including the full-service kitchen, community theater, and salon, shall be maintained for
the use of residents of both components for the life of the project.

CDD Ongoing
*** 2.9 Deliveries, refuse collection, and move-in/move-out activities shall occur within designated on-site areas
and shall not obstruct the public right-of-way. Refuse
collection shall occur only between the hours of 7:00
a.m. and 6:00 p.m. Monday – Friday, and 9:00 a.m. and
5:00 p.m. on Saturday.

CDD / PW Ongoing
(1) 2.10 Any outdoor storage during grading or building stages shall be approved by the Community Development
Director.

CDD During construction
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 6
Source No. Condition Responsible
Department
Timing / Trigger
*** 2.11 The internal roundabout, passenger loading area, bus turnout, and dedicated bus space shall be maintained
and kept free of obstruction at all times to serve resident drop-off and resident transportation.

CDD / PW Ongoing

AFFORDABLE HOUSING AND DENSITY BONUS
*** 3.1 The project shall provide and maintain 26 residential units affordable to Lower Income households for a
minimum period of 55 years, as required by
Government Code Section 65915(c)(1). Rents shall be
calculated in accordance with Health and Safety Code
Section 50053.

CDD 55 years from first C of
O
*** 3.2 Prior to the close of escrow, the applicant shall execute and record against the property, in a form approved by
the City Attorney, the Surplus Land Act (SLA) Covenant
and Affordable Housing Declaration required by DA
2025-0001 and the DDA, securing the affordability of
the 26 Lower Income units.

City Attorney / Real
Property
Prior to close of escrow
*** 3.3 The 26 Lower Income units shall consist of 23 onebedroom units and three two-bedroom units, consistent with the density bonus incentive approved with this
project. The composition of income levels and unit
types for the affordable units may be adjusted upon
review and approval of the Community Development
Director, subject to compliance with applicable State
law, including Density Bonus Law and the Surplus Land
Act.

CDD Plan check; ongoing
*** 3.4 The affordable units shall be dispersed throughout the residential community for active seniors and shall have access to all project amenities on the same terms as
market-rate units. The location of the affordable units CDD Plan check; ongoing
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 7
Source No. Condition Responsible
Department
Timing / Trigger
shall be identified on plans submitted for building plan check.
*** 3.5 The density bonus waivers approved with this project are limited to the following development standards:
private open space, building setbacks, patio wall height, and architectural feature encroachment, each as
described in the approved Affordable Housing Plan and
Density Bonus Application and as depicted on the
approved plans. All other development standards of the
Tustin Legacy Specific Plan (TLSP) shall apply.

CDD Plan check

DESIGN AND ARCHITECTURE
(4) 4.1 At building plan check, building elevations visible from public streets shall have enhanced elevations
consistent with the approved DR 2025-0008 in terms of
color and material, architectural articulation and
architectural projections, to the satisfaction of the
Community Development Department.

CDD Building plan check
(1), (4) 4.2 All exterior colors, textures, and materials shall be consistent with the approved plans. Specifications on
colors, materials, and textures shall be noted in
construction plans and subject to review and approval
by the Community Development Department.

CDD Building plan check
(1), (4) 4.3 Final material samples and colors shall be provided at plan check submittal.

CDD Plan check submittal
(1), (4) 4.4 All mechanical and electrical equipment, including rooftop equipment, shall be adequately and decoratively screened. The screen shall be included as an element
of the overall design of the project and blend with the architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward
CDD Building plan check;
ongoing
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 8
Source No. Condition Responsible
Department
Timing / Trigger
the interior of the project (as feasible) and screened by adequate landscaping or other effective screening
devices.
(4) 4.5 Roof drains and downspouts shall be minimally visible from public streets.

CDD Building plan check
(4) 4.6 Rooftop parapets shall be of sufficient height to screen all rooftop mechanical equipment from view from
adjacent public rights-of-way, consistent with the
maximum building heights approved by DR 2025-0008
(71 feet for the residential community for active seniors and 35.6 feet for the assisted living and memory care
facility, measured to top of parapet).

CDD Building plan check
(1), (4) 4.7 The applicant shall submit a Master Sign Plan for City review and approval. Signage shall be installed under
separate permit and approval.

CDD Prior to sign installation
*** 4.8 Trash chutes and enclosed ground-floor trash rooms shall be provided in each building as depicted on the
approved plans. On-site refuse collection areas shall be accessible from internal drive aisles and shall be
screened from public view.

CDD / PW Building plan check;
ongoing
(1) 4.9 Exterior lighting shall be designed to provide safe pedestrian and vehicular circulation while shielding and directing light downward to avoid spillover onto
adjacent properties. A photometric plan shall be
submitted at plan check demonstrating compliance with
the Tustin Security Ordinance and with TCC lighting
standards, subject to review and approval by the
Community Development Department prior to issuance
of building permits.

CDD / PD Plan check; ongoing

LANDSCAPE/HARDSCAPE
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 9
Source No. Condition Responsible
Department
Timing / Trigger
(6) 5.1 At plan check, the applicant shall provide complete detailed landscaping and irrigation plans for all
landscaping areas, consistent with adopted City of
Tustin landscaping requirements. The plans shall
include the following:
a. A summary table identifying plant materials, listing botanical and common names, sizes, spacing,
location, and quantity of the plant materials
proposed.
b. Planting and berming details, soil preparation, and
staking.
c. The irrigation plan shall show location and control
of backflow prevention devices, pipe size, sprinkler
type, spacing, and coverage. Details for all
equipment must be provided.
d. All property lines, public right-of-way areas,
sidewalk widths, parkway areas, and wall
locations.
e. Shrubs shall be a minimum of five-gallon size and
placed a maximum of five feet on center. Other
sizes and spacing may be permitted subject to
approval of the Community Development
Department.
f. Ground cover shall be planted eight to 12 inches
on center, or as approved by the Community
Development Department.
g. Equipment areas shall be screened with walls,
vines, and/or trees, subject to review and approval
of the Community Development Department.

CDD Plan check
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 10
Source No. Condition Responsible
Department
Timing / Trigger
h. On-site walls and fences shall be noted on the
plans with specific materials, colors, and
decorative treatments.
(1) 5.2 The Community Development Department may request minor substitutions of plant materials or request
additional sizing or quantity of materials during plan
check.

CDD Plan check
(1), (6) 5.3 All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be
maintained in a neat and healthy condition.

Maintenance includes, but is not limited to, trimming,
weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants.

CDD Ongoing
(1), (6) 5.4 Landscape adjacent to the right-of-way shall be in compliance with the TLSP and the City of Tustin
Landscape and Irrigation Guidelines.

CDD Plan check
(1), (6) 5.5 The project shall comply with the City’s Water Efficient Landscape Ordinance and any Executive Orders
issued by the Governor of the State of California
pertaining to water conservation and irrigation methods.

Prior to final C of O, the Community Development
Department shall conduct a final inspection ensuring all landscaping is planted in compliance with the approved
landscape plans and collect a completed Landscape
Installation Certificate of Completion (Attachment E of the Water Efficient Landscape Ordinance).

CDD Prior to final C of O
(1), (6) 5.6 Backflow devices and double detector checks shall be painted to match surrounding landscaping and
screened from public view.

CDD Prior to C of O
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 11
Source No. Condition Responsible
Department
Timing / Trigger
*** 5.7 The project shall provide a minimum of 29,455 square feet of landscaped area as depicted on the approved
plans, including landscaping provided along the Project site boundary, parking lots, and throughout the 13,875
square foot central courtyard serving the residential
community for active seniors and the 18,162 square
foot central courtyard serving the assisted living and
memory care facility.

CDD Prior to C of O; ongoing
NOISE
*** 6.1 At plan check, an updated noise analysis shall be provided to ensure compliance with the Tustin Noise
standards.

CDD Plan check
(1) 6.2 In accordance with the noise analysis, all units shall be constructed with appropriate sound attenuation to
achieve the minimum noise level standards pursuant to
the City’s Noise standards. Prior to issuance of C of O, the units shall be analyzed and certified for compliance with the City’s Noise standards.

CDD Prior to C of O
*** 6.3 The patio wall along Warner Avenue, for which a density bonus waiver of the patio wall height standard
has been approved, shall be constructed to the height
and specifications identified in the project acoustical analysis to provide sound attenuation for residents.

CDD Prior to C of O
(1) 6.4 All construction activity shall comply with TCC Section 4616, which allows construction only between the hours
of 7:00 a.m. and 6:00 p.m. Monday through Friday,
between 9:00 a.m. and 5:00 p.m. on Saturdays, and at
no time on Sundays and City-observed federal
holidays.

CDD / PD During construction

CONSTRUCTION
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 12
Source No. Condition Responsible
Department
Timing / Trigger
*** 7.1 Construction shall occur in a single phase. Prior to issuance of a grading permit, the applicant shall submit a construction management plan to the Community
Development Department identifying construction
staging areas, construction worker parking, haul routes, and truck delivery hours, subject to review and
approval.

CDD Prior to grading permit
(1) 7.2 Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction
activity. The plans shall address roadway and lane
closures, truck hours and routes, and notification
procedures for planned short-term or interim changes
in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin shall review the proposed traffic control and operations plans with any affected jurisdiction.

PW Prior to any permit
(1) 7.3 The applicant shall comply with all City policies regarding short-term construction emissions, including
periodic watering of the site and prohibiting grading
during second stage smog alerts and when wind
velocities exceed 15 miles per hour.

CDD / PW During construction
(1) 7.4 The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are
implemented during construction.

PD During construction
(1) 7.5 Prior to the issuance of permits for any public improvements or development, the applicant shall
submit to the City of Tustin information from the Irvine Ranch Water District (IRWD) which outlines required
facilities necessary to provide adequate potable water
and reclaimed water service to the development.

PW Prior to public
improvement permits
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 13
Source No. Condition Responsible
Department
Timing / Trigger
PUBLIC WORKS DEPARTMENT — FINAL PARCEL MAP
(1) 8.1 Preparation and recordation of a Final Parcel Map shall be allowed but is not required.

PW Prior to C of O
*** 8.2 If the Final Parcel Map is recorded, the Subdivider shall release and relinquish to the City of Tustin all vehicular access rights along Armstrong Avenue, Warner
Avenue, Veterans Way, and John Johnson Way,
except at approved access locations and street
intersections, at no cost to the City, on the Map.

PW On the Final Map
*** 8.3 If the Final Parcel Map is recorded, the Subdivider shall satisfy dedication and/or reservation requirements as
applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; and
dedication of vehicular access rights, sewer
easements, and water easements defined and
approved as to specific locations by the City Engineer
(at no cost to the City) and/or other agencies.

PW On the Final Map
*** 8.4 Prior to recordation of the final map, the applicant is required to execute a subdivision and monumentation
agreement and furnish improvement and
monumentation bonds, all on forms acceptable to the
City.

PW Prior to final map
recordation
PUBLIC WORKS DEPARTMENT — WATER QUALITY
*** 9.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality
Control Board rules and regulations.

PW Ongoing
*** 9.2 The applicant shall submit for approval by the
Community Development and Public Works
Departments, a Final Water Quality Management Plan
PW Prior to first permit
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 14
Source No. Condition Responsible
Department
Timing / Trigger
(WQMP) with the most current plan check deposit in the
City’s Citizen Self Service Portal. The final WQMP shall identify: the implementation of Best Management
Practices (BMPs), the assignment of long-term
maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.),
and reference to the location(s) of structural BMPs. The final WQMP shall be approved prior to issuance of first permit.
*** 9.3 Prior to issuance of first permit, the applicant shall record a “Covenant and Agreement Regarding
Operation and Maintenance (O & M) Plan to Fund and
Maintain Water Quality BMPs, Consent to Inspect and
Indemnification.” This document shall bind current and
future owner(s) of the property regarding
implementation and maintenance of the structural and
non-structural BMPs as specified in the approved
WQMP.

PW Prior to first permit
*** 9.4 Prior to the owner obtaining a Final Approval and C of O, the engineer responsible for the approved WQMP
shall stamp and sign the Stormwater Observation
Report Form.

PW Prior to Final Approval /
C of O
*** 9.5 Prior to issuance of a Grading Permit, the developer shall submit a copy of the Notice of Intent (NOI)
indicating that coverage has been obtained under the
National Pollutant Discharge Elimination System
(NPDES) State General Permit for Storm Water
Discharges Associated with Construction Activity from
the State Water Resources Control Board.

PW Prior to grading permit
*** 9.6 The onsite drainage and grading plan shall
demonstrate that the project will make a connection to
a recognized municipal storm drain system which was
PW Prior to grading permit
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 15
Source No. Condition Responsible
Department
Timing / Trigger
designed to handle flows from the proposed site. Prior
to issuance of a grading permit, an updated Design
Hydrology and Hydraulics Report will need to be
prepared and submitted, concurrently with the final
design plans, to the Community Development
Department Building Division for review and approval to properly model and confirm all drainage capture,
conveyance, treatment, pumping, retention and
downstream outfall.

PUBLIC WORKS DEPARTMENT — STREET IMPROVEMENTS
(1) 10.1 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and
applicable fees paid to the Public Works Department.

PW Prior to work in right-ofway
*** 10.2 Prior to issuance of first permit, the developer shall submit engineered public improvement plans along the
project frontage for review and approval. These public
improvements shall be completed prior to issuance of
occupancy release.
a. Commercial driveway aprons shall be designed
and constructed/reconstructed per the most current
City of Tustin Standard 210 with minimum apron
width of 27-feet and minimum radius of 25-feet.

Depending on the applicable City standard, dedication
in fee on private property for pedestrian access may be required. In this case, a legal description and plat of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor,
shall be submitted to the Public Works Department for
review and approval.
a. Design and construct sidewalk along Armstrong
Avenue, John Johnson Way, and Veterans Way.

PW Prior to first permit;
complete prior to
occupancy
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 16
Source No. Condition Responsible
Department
Timing / Trigger
c. Install pavement legends, applicable signs adjacent
to the project to accommodate access needed to
serve the project.
d. Developer shall dedicate easement to City at
Warner Avenue Frontage, for bioswale access and
maintenance purposes, at no cost to the City.
e. The developer shall design and construct sidewalk,
parkway landscape, and irrigation system along the
property frontage.
f. If the applicant chooses to install a new mid-block
crosswalk on John Johnson Way, the crosswalk and
associated features shall be designed and
constructed per the most current City of Tustin
Standard and must meet the following conditions:
• Crosswalk shall not be placed within a storm
drain local depression where curb height creates
issues.
• Crosswalk shall be placed between the driveway
and Veterans Way intersection to minimize
pedestrian conflict with vehicles accessing the
driveway.
• Curb extension (bulbout) shall be constructed on
both sides of the crosswalk to provide adequate
sight distance for pedestrian crossing while
maintaining on-street parking on John Johnson
Way.
• Rectangular Rapid Flashing Beacons (RRFB)
shall be installed on both sides of the crosswalk,
and the details of the RRFB device shall be
submitted to the Public Works Department for
review and approval.

Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 17
Source No. Condition Responsible
Department
Timing / Trigger
• Path of travel associated with the crosswalk
must be fully ADA-compliant.
• The applicant shall design and construct the
crosswalk, curb extension, RRFB, and signing
and striping associated with the crosswalk, to the
satisfaction of the City Engineer. These
elements shall also be maintained by the
developer/Clearwater’s Property Management.
*** 10.3 The existing structural section on John Johnson Way and Veterans Way (from Airship Ave to Warner Ave) is
currently limited to base pavement. Due to
development activity in the region, the City omitted
capping the above-mentioned streets. The developer
shall implement the following improvements, based on
conditions and impacts at such time that the developer
moves forward with the construction of the project, to
the satisfaction of the City Engineer:
a. John Johnson Way1,2,
b. Veterans Way1,2,
c. Warner Avenue, Armstrong Avenue3
Half-Width1: If City annual maintenance contractor cap
paves the street prior to developer beginning
construction and impact from development project to
street is limited to adjacent half of the street. Grind and overlay to the satisfaction of the City Engineer.

Full-Width2: If development project timing interferes
with City annual maintenance contractor, forcing the
City to have to omit streets from the Scope of Work or
should a city pavement moratorium be in effect (within
5 years after newly overlayed or reconstructed streets
PW Per City Engineer at
time of construction
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 18
Source No. Condition Responsible
Department
Timing / Trigger
and within 3 years after newly slurry sealed streets).

Grind and overlay to the satisfaction of the City
Engineer.

One Lane3: Grind and Overlay may be required on
streets not used for hauling routes, subject to a
determination by the City Engineer and may be up to
Half-width based on field observations & conditions.

Trench repair shall be per city standard no. 108. City
moratorium standards shall be applicable, if in effect. (1) 10.4 Prior to issuance of first permit and/or an Encroachment Permit, the developer shall submit in the City’s Citizen Self Service Portal street improvement plans, as
prepared by a California Registered Civil Engineer, for review and approval. The plans shall clearly show
existing and proposed surface and underground
improvements, including construction and/or
replacement of any missing or damaged public
improvements adjacent to this development. Said plans
shall include, but not be limited to the following:
a. Curb and gutter
b. Sidewalk, including curb ramps for the physically
disabled
c. Drive aprons
d. Signing/striping
e. Street paving
f. Street lighting
g. Catch basin/storm drain laterals/connection to
existing storm drain system
h. Domestic water facilities
PW Prior to first permit /
encroachment permit
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 19
Source No. Condition Responsible
Department
Timing / Trigger
i. Reclaimed water facilities
j. Dry utility lines
k. Landscape/irrigation
l. Traffic signal
m. Sanitary sewer facilities
Improvements shall be constructed prior to the
issuance of the first C of O.
(1) 10.5 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, the applicant shall submit in the City’s Citizen Self Service Portal
traffic control plans, as prepared by a California
Registered Traffic Engineer, or Civil Engineer
experienced in this type of plan preparation, to the
Public Works Department for review and approval.

PW Prior to encroachment
permit
(1) 10.6 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and
sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City
Engineer.

PW Ongoing
(1) 10.7 The landscape and irrigation plan shall identify limited use areas for access onto public streets (at a minimum
a 10 feet triangle on each side of a driveway for nonsignalized intersection and a 25 feet triangle at a signalized intersection behind the sidewalk), hardscape improvements and landscaping within a limited use
area must be restricted to a height of 12-24 inches or
less depending on the speed of the road, and
obstructions such as walls or landscaping that could
block line of sight are not allowed in the limited use
area, and proposed street tree with a diameter of no
greater than 24 inches shall have a canopy no lower
CDD, PW Plan check
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 20
Source No. Condition Responsible
Department
Timing / Trigger
than 84 inches above the curb to ensure adequate sight
lines of pedestrians on the sidewalk and vehicles and
bicycles on the street are maintained.
(1) 10.8 The proposed street trees shall meet the Tustin Legacy plant pallet requirements or be approved by the City of Tustin Arborist.

PW Plan check
PUBLIC WORKS DEPARTMENT — COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (1) 11.1 The developer shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private
improvements, including, but not limited to, the
following:
a. The developer shall obtain written approval and/or
permits from the applicable utility companies,
including but not limited to Southern California
Edison, The Gas Company, Irvine Ranch Water
District (IRWD), AT&T, Cox Communications,
Spectrum, etc.
b. The developer shall coordinate the design and
construction of all utilities with the utility providers and the City. The applicant is responsible for the
coordination and all costs related to the installation, upgrade, alteration, relocation or abandonment of
all existing wet and dry utilities affected by the
proposed project.
c. The developer is responsible for the coordination
and all costs related to the installation, upgrade,
alteration, relocation or abandonment of all existing
City improvements affected by the proposed
project, subject to City Engineer approval.

PW Prior to construction;
ongoing
PUBLIC WORKS DEPARTMENT — SOLID WASTE RECYCLING
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 21
Source No. Condition Responsible
Department
Timing / Trigger
(1) 12.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP).
a. The applicant/contractor is required to submit a
WRRP to the Public Works Department. The
WRRP must indicate how the applicant will comply
with the City’s requirement (City Code Section
4351, et al) to recycle at least 65 percent of the
project waste material or the amount required by
the California Green Building Standards Code.
b. The applicant will be required to submit a fifty-dollar ($50.00) application fee and a cash security
deposit. All projects shall submit a security deposit
in the amount of five percent of the project’s
valuation as determined by the Building Official,
rounded to the nearest thousand.
c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of
cash, cashier’s check, personal check, or money
order made payable to the “City of Tustin”.

PW Prior to any permit
(1) 12.2 Facility Solid Waste Collection and Recycling Plan. a. The applicant, property owner, and/or tenant(s)
are required to participate in the City’s recycling
program.
b. Waste and Recycling collection facilities shall be
equally and readily accessible by the property
owner(s) or tenant(s).
c. Waste and Recycling collection facilities must be
placed in a location that can be easily and safely
accessed by the solid waste hauler while utilizing
either front loader or side loading equipment.

PW Prior to C of O; ongoing
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 22
Source No. Condition Responsible
Department
Timing / Trigger
d. All trash enclosures shall be designed with roof
and be able to accommodate at least three (3)
bins, with at least one (1) bin reserved for
recyclable materials and one (1) bin reserved
organic waste. Space for a container for organics
is also required as described in Section below.
e. All developments are required to provide space for
the collection of organic materials. Organics are
collected in a minimum of 65-gallon wheeled carts
are required for areas where collection containers
are shared by multiple units. The size of the
organics container will be dependent upon the use
and size of the building. Where collection
containers are shared, organics can be collected
six (6) days per week to minimize the space
required for a container.

PUBLIC WORKS DEPARTMENT — MISCELLANEOUS
(1) 13.1 Prior to issuance of a Grading Permit, the applicant shall submit an 8 ½” x 11” street address map exhibit to the Public Works Department for review and approval.

The address map exhibit shall be in portable document
format (PDF) and shall include the site plan, foot print of building(s), and streets.

PW Prior to grading permit
(1) 13.2 Prior to issuance of the first Grading Permit, the developer shall enter into a Landscape Maintenance
Agreement with the City of Tustin for maintenance of
parkway improvements adjacent to the project along
Armstrong Avenue, Warner Avenue, Veterans Way,
and John Johnson Way, as also discussed in Condition
of Approval No. 16.2 as related to the Development
Agreement. The applicant shall be responsible for City
PW / City Attorney Prior to first grading
permit
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 23
Source No. Condition Responsible
Department
Timing / Trigger
Attorney review fees and the cost of recording the
agreement.
(1) 13.3 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for
the Foothill/Eastern Transportation Corridor Agency
(TCA)) to the City of Tustin (through the Public Works
Department) shall be required. The fee rate schedule
automatically increases on July 1st of each year.

PW Prior to building permit
(1) 13.4 Any damage done to existing public street
improvements and/or utilities shall be repaired to the
satisfaction of the City Engineer prior to issuance of the first C of O for the development.

PW Prior to first C of O

POLICE DEPARTMENT
*** 14.1 Use camera trailers during the construction process to deter/record theft of construction supplies/equipment.

Cameras should have 30-day recording.

PD During construction
*** 14.2 Install permanent security cameras in parking
areas/garages with 30-day recording.

PD Prior to C of O; ongoing
*** 14.3 Proper signage warning against trespassing and unauthorized parking.

PD Prior to C of O; ongoing

ORANGE COUNTY FIRE AUTHORITY (OCFA)
*** 15.1 The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority (OCFA) for review. Approval shall be obtained on each
plan prior to the event specified.

OCFA Prior to event specified
*** 15.2 Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required:
a. Fire master plan (service code PR145)
OCFA Prior to final map /
grading permit
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 24
Source No. Condition Responsible
Department
Timing / Trigger
b. Alternative methods and materials (AM&M)
request (PR910)
*** 15.3 Prior to issuance of a precise grading permit or a building permit, if a grading permit is not required:
a. Gates (service code PR180)
OCFA Prior to grading or
building permit
*** 15.4 Prior to issuance of a building permit:
a. Architectural (service codes PR200-PR0285).

Alternative methods and materials (AM&M)
request (service code PR910), if any portion of
the structure will be occupied prior to completion
of the entire structure. Phase occupancy AM&M
requests shall accompany the architectural
submittal.
b. Tank storing hazardous materials (service code
PR300-PR-305)
c. Underground piping for private hydrants and fire
sprinkler systems (service code PR470-PR475)
d. Fire sprinkler system (service codes PR400-
PR465)
OCFA Prior to building permit
*** 15.5 Prior to concealing interior construction:
a. Fire alarm system (service code PR500-
PR520)
OCFA Prior to concealing
construction
*** 15.6 Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final CofO, all OCFA
inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with
codes and standards applicable to the project and
commensurate with the type of occupancy (temporary
or final) requested. Inspections shall be scheduled at
OCFA Prior to temporary or
final C of O
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 25
Source No. Condition Responsible
Department
Timing / Trigger
least five days in advance by calling OCFA Inspection
Scheduling at 714-573-6150.
*** 15.7 Phased Occupancy: Phased occupancy of this
structure shall be permitted only with prior approval
from OCFA and the Building Official. Requests for
phased occupancy shall be submitted for evaluation by
OCFA as an alternate materials and methods proposal
(PR910) accompanying the architectural submittal.

Such requests shall be made prior to start of
construction only.

OCFA / CDD
(Building)
Prior to start of
construction
*** 15.8 Preconstruction Meeting: Before commencement of construction, the applicant or responsible party shall
attend a pre-construction meeting with an OCFA
inspector. Call OCFA Inspection Scheduling at 714-
573-6150 at least five days in advance to schedule and
pay for the pre-construction meeting.

OCFA Before
commencement of
construction
*** 15.9 Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall
receive clearance from the OCFA prior to bringing
combustible building materials on-site. Call OCFA
Inspection Scheduling at 714-573-6150 with the
Service Request number of the approved fire master
plan at least five days in advance to schedule the
lumber drop inspection.

OCFA Prior to combustible
materials on site
*** 15.10 The seven units for which private open space is not provided due to OCFA ladder pad accessibility criteria
shall be maintained consistent with the approved Fire
Master Plan. Ladder pad areas shall be kept free of
obstruction.

OCFA / CDD Ongoing

DEVELOPMENT AGREEMENT AND PUBLIC BENEFITS IMPROVEMENTS
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 26
Source No. Condition Responsible
Department
Timing / Trigger
*** 16.1 The developer shall design and construct sidewalk, parkway landscape, and irrigation systems adjacent to
the project along Warner Avenue, Armstrong Avenue,
John Johnson Way, and Veterans Way, in accordance
with the Schedule of Performance in the DDA.

PW / Real Property Per DDA Schedule of
Performance
*** 16.2 At the Close of Escrow, the developer shall enter into a Landscape Installation and Maintenance Agreement
with the City of Tustin for the construction,
maintenance, repair, and replacement of the
Landscape Improvements within the Landscape Area
identified in DA 2025-0001. The developer shall assure, through the provision of bonds, guarantees, cash
collateral, or other instruments approved by the City,
the lien-free completion of all landscaping and irrigation improvements.

Real Property / City
Attorney
At close of escrow
*** 16.3 The developer shall provide a detailed landscape improvement exhibit in conjunction with the Landscape
Installation and Maintenance Agreement.

PW / CDD With Landscape
Agreement
*** 16.4 The applicant shall not oppose the formation of Community Facilities District (CFD) 18-01 Zone 5 over
the project site and shall pay when due any
assessments and/or special taxes imposed by the
District, provided that such CFD and special taxes
levied are consistent with the DDA. Cessation of special tax lien for CFD 13-01 for the property and project
improvements shall occur at the time of annexation into CFD 18-01 Zone 5.

Finance / Real
Property
Prior to close of
escrow; ongoing
*** 16.5 The developer shall pay the Project Fair Share Contribution to the City as and when described in DA
2025-0001.

Real Property /
Finance
As described in DA
2025-0001

ENVIRONMENTAL
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 27
Source No. Condition Responsible
Department
Timing / Trigger
(1), (2),
***

17.1 The developer shall comply with all mitigation
measures applicable to the project that are required by the Mitigation Monitoring and Reporting Program for the Tustin Legacy Specific Plan (MCAS Tustin) area,
including but not limited to the Tustin Legacy Specific Plan 2025 Supplemental EIR certified December 17,
2024, and as identified in the addendum prepared for
this project. The applicable mitigation measures are set forth in the Mitigation Measures sub-table below and
are hereby incorporated as conditions of approval.

CDD Ongoing
MITIGATION MEASURES APPLICABLE TO THE PROJECT (MCAS Tustin FEIS/EIR, 2017 SEIR, AND 2025 SEIR) 2017
SEIR
MM VIS-1 An urban design plan shall be adopted to provide for distinct and cohesive architectural and landscape
design, features, and treatments, and harmony with
existing adjacent landscape.

CDD Plan check
2017
SEIR
MM AQ-2 Prior to issuance of grading permits, the project shall use low VOC architectural coatings for all interior and exterior painting operations.

CDD Prior to grading permit
2017
SEIR
MM AQ-5 Applicants for new development projects within the TLSP shall require the construction contractor to use
equipment that meets the US Environmental Protection
Agency (EPA) Tier 4 emissions standards for off-road
diesel-powered construction equipment with more than
50 horsepower during construction activities, unless it can be demonstrated to the City of Tustin that such
equipment is not available.

Any emissions control device used by the contractor
shall achieve emissions reductions that are no less than what would be achieved by a Level 4 diesel emissions
control strategy for a similarly sized engine, as defined by the California Air Resources Board’s regulations.

CDD / PW Prior to and during
construction
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 28
Source No. Condition Responsible
Department
Timing / Trigger
Prior to construction, the project engineer shall ensure that all demolition and grading plans clearly show the
requirement for EPA Tier 4 or higher emissions
standards for construction equipment with more than 50
horsepower. During construction, the construction
contractor shall maintain a list of all operating
equipment in use on the site for the verification of the City of Tustin. The construction equipment list shall
state the makes, models, and numbers of construction
equipment onsite. Equipment shall be properly serviced
and maintained in accordance with the manufacturer's
recommendations. Construction contractors shall also
ensure that all nonessential idling of construction
equipment is restricted to five minutes or less in
compliance with California Air Resources Board Rule
2449.
2017
SEIR
MM AQ-6 Prior to the issuance of grading permits, the applicants for individual new developments shall evaluate
localized construction-related air quality impacts.

Localized construction emissions shall be evaluated to
the South Coast Air Quality Management District’s
Localized Significance Thresholds for construction.

Applicable mitigation measures to reduce potential
localized construction-related air quality impacts shall be included in the evaluation, as necessary, to minimize impacts to the extent feasible and shall be
implemented. The evaluation shall be submitted to the
City of Tustin for review. In addition, all recommended mitigation measures shall be noted on all construction
plans submitted to the City of Tustin Building and Public Works Department for verification.

CDD Prior to grading permit
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 29
Source No. Condition Responsible
Department
Timing / Trigger
2017
SEIR
MM BIO-1 The project proponents of any development affecting jurisdictional waters of the U.S. or vegetated wetlands shall obtain Section 401, Section 404, Section 1602,
and other certifications, approvals, and permits, as
necessary. Copies of the necessary State and Federal
permits shall be provided to the City prior to the
issuance of mass or grading permits for grading
activities impacting jurisdictional areas. A replacement ratio for affected wetland resources shall be determined in consultation with regulatory agencies as part of the permitting process and shall be no less than 1:1
replacement of function and value. Additional criteria
and requirements will be as follows:
• Create (establish), restore, or enhance
wetland/riparian habitats on-site to the maximum
extent practicable to minimize and replace the onsite loss of USACE and CDFG jurisdictional acreage and function, or off-site as may be permitted by the
USACE and CDFG.
• To return jurisdictional habitats that are temporarily disturbed during construction to preconstruction
conditions.
• To provide for maintenance, management and
monitoring of the mitigation site or sites for a
minimum of three years as determined through the
permitting process.

CDD Prior to mass/grading
permit (if applicable)
2017
SEIR
MM Arch2 Prior to issuance of grading permits the cities of Tustin and Irvine shall each require applicants of individual
development projects to retain as appropriate a countycertified archaeologist. If buried resources are found during grading within the reuse plan area a qualified
CDD Prior to grading permit;
during grading
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 30
Source No. Condition Responsible
Department
Timing / Trigger
archaeologist would need to assess the site
significance and perform the appropriate mitigation.

The Native American viewpoint shall be considered
during this process. This could include testing or data recovery Native American consultation shall also be
initiated during this process.
2017
SEIR
MM
Paleo-1
The City shall require applicants of individual
development projects to comply with the requirements
established in a Paleontological Resources
Management Plan (PRMP) prepared for the site, which
details the methods to be used for surveillance of
construction grading, assessing finds, and actions to be taken in the event that unique paleontological
resources are discovered during construction.

CDD During construction
grading
2017
SEIR
MM
Paleo-2
Prior to the issuance of a grading permit, project
applicants shall provide written evidence to each city
that a county-certified paleontologist has been retained to conduct salvage excavation of unique
paleontological resources if they are found.

CDD Prior to grading permit
2017
SEIR
MM N-3 For new development within the reuse area, the City of Tustin and City of Irvine, as applicable, shall ensure that interior and exterior noise levels do not exceed those
prescribed by State requirements and local city
ordinances and general plans. Plans demonstrating
noise regulation conformity shall be submitted for
review and approval prior to building permits being
issued to accommodate reuse.

CDD Prior to building permit
2025
SEIR
MM AQ-1 Vehicle Trip Reduction. Rental Units.

The applicant of for-rent residential developments shall notify and offer to the tenant or prospective tenant,
CDD (Planning) Prior to first C of O; at
lease execution
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 31
Source No. Condition Responsible
Department
Timing / Trigger
materials describing public transit, ridesharing, and
nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by
the City of Tustin. The materials shall be provided no
later than the time the rental agreement is executed. A program outlining the implementation of this measure
shall be submitted to the City of Tustin Planning Division for review and approval, prior to the issuance of the first C of O.
2025
SEIR
MM AQ-2 Prohibition of Fireplaces.

The installation of wood-burning and natural gas
devices shall be prohibited inside residential dwelling units. The purpose of this measure is to limit emissions of ROG, NOX, and particulate matter emissions from
wood-burning and natural gas devices used for primary
heat, supplemental heat, or ambiance. This prohibition
shall be noted on the deed and/or any tenant lease
agreements.

CDD Plan check
2025
SEIR
MM AQ-3 Electric Landscape Equipment.

Prior to the issuance of occupancy permits, the
Community Development Department shall confirm that
the Codes Covenants and Restrictions (CC&Rs) and/or
tenant lease agreements include contractual language
that all landscaping equipment used on site shall be 100 percent electrically powered. All residential and nonresidential properties shall be equipped with exterior electrical outlets to accommodate this requirement.

This requirement shall be included in the third-party
vendor agreements for landscape services for the
building owner and tenants, as applicable.

CDD Prior to occupancy
permits
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 32
Source No. Condition Responsible
Department
Timing / Trigger
2025
SEIR
MM AQ-4 Low VOC Paint (Operations). Low VOC architectural coatings shall be used for all interior and exterior
painting operations during project operations.

CDD During project
operations
2025
SEIR
MM BIO-5 Biological surveys shall be conducted by a qualified biologist to determine the potential for special status species within the project site for all future projects at the time that development is proposed. The projectlevel biological survey report shall analyze these projects’ impacts on sensitive animal species and shall propose mitigation to reduce project impacts to a less
than significant level.

CDD Prior to grading permit
2025
SEIR
MM GHG1 Solar Panels.

Projects shall be required to install solar photovoltaic (PV) panels or other source of renewable electricity
generation onsite, based on the maximum roof area
available for solar (i.e., solar-ready zone). The solarready zone shall in the minimum, comply with Section 110.10 of the 2022 California Energy Code and shall
comply with access, pathway, ventilation, and spacing
requirements, and exclude skylight area.

The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21
governs operating and metering requirements for any
facility connected to SCE’s distribution system. Should SCE limit the offsite export, the Projects may utilize a battery energy storage system (BESS) to lower offsite
export while maintaining onsite renewable generation
to offset consumption. The electrical system and
infrastructure must be clearly labeled with noticeable
and permanent signage. The schedule of photovoltaic
system locations may be updated as needed.

CDD (Building) Plan check; prior to C
of O
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 33
Source No. Condition Responsible
Department
Timing / Trigger
2025
SEIR
MM GHG2 Leadership in Energy and Environmental Design
(LEED)/CalGreen Tier 2 Charging Stations. Prior to the
issuance of building permits, project applicant or
successor in interest shall provide documentation to the City of Tustin demonstrating the following:
• The project shall be designed to achieve LEED
certification to meet or exceed CALGreen Tier 2
standards in effect at the time of building permit
application in order to exceed 2022 Title 24 energy
efficiency standards.
• The project shall provide facilities to support electric charging stations per the Tier 2 standards in Section
A5.106.5.3 (Non-residential Voluntary Measures)
and Section A5.106.8.2 (Residential Voluntary
Measures) of the 2022 CALGreen Code.

CDD (Building) Prior to building permit
2025
SEIR
MM GHG3 Energy Efficient Appliances. All major applicant provided in-unit residential appliances (e.g.,
dishwashers, refrigerators, clothes washers and dryers, water heaters, and for space heating) provided/installed shall be electric (i.e., appliances that do not use natural gas, propane, or other fossil fuels) and Energy Star
certified or of equivalent energy efficiency where
applicable. Prior to the issuance of the C of O, the City of Tustin shall verify implementation of this
requirement. Installation of electric Energy Star–
certified or equivalent appliances shall be verified by the Planning and Building Department during plan
check.

CDD (Building) Plan check; prior to C
of O
2025
SEIR
MM TCR1 Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing Activities.

CDD Prior to
demolition/grading
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 34
Source No. Condition Responsible
Department
Timing / Trigger
a. Prior to the issuance of demolition or grading
permits for any projects that would disturb
previously undisturbed soils (native soils) or soils
that have native fill, the project applicant/developer
shall retain a Native American Monitor, with first
preference given to the Gabrieleño Band of Mission
Indians – Kizh Nation, who responded to the City’s
request for consultation on November 14, 2023 (first
preference Tribe, Tribe). The applicant/developer
shall allow 45 days from the initial contact with the
first preference tribe to enter into a contract for
monitoring services. If the applicant/developer is
unable to contact the Kizh Nation after three
documented attempts or is unable to secure an
agreement, the applicant shall report to the lead
agency, and the lead agency will contact the Kizh
Nation to validate that the parties were unable to
enter into an agreement. The applicant/developer
shall have made three documented attempts to
directly contact the Kizh Nation to enter into a tribal monitoring agreement. If the applicant/developer
can demonstrate they were unable to secure an
agreement with the first preference tribe, as
validated and documented by the Community
Development Department in writing, or if the
contracted tribe fails to fulfill its obligation under the contract terms, then the applicant/developer may
retain an alternative qualified tribal monitor from a
culturally affiliated tribe if approved by the City.
b. The monitor shall be retained prior to the issuance
of a demolition permit or grading permit, and the
permit; during ground
disturbance
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 35
Source No. Condition Responsible
Department
Timing / Trigger
commencement of any development related
“ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any offsite locations that are included in the project description/definition and/or required in connection
with the project, such as public improvement work).
“Ground-disturbing activity” shall include, but is not
limited to, demolition, pavement removal, auguring,
grubbing, boring, grading, excavation, drilling, and
trenching for the purposes of reconstruction and
new development. "Ground-disturbing activity" shall
not include minor maintenance activities such as
potholing, tree removal, and parking lot
maintenance. This mitigation measure does not
apply to projects that would only disturb soils made
up of artificial fill, as verified by a soils or
geotechnical report.
c. A copy of the executed Monitoring Agreement shall
be submitted to the lead agency prior to the
commencement of any ground-disturbing activity, or
the issuance of any permit necessary to commence
a ground-disturbing activity.
d. The monitor will complete daily monitoring logs that will provide descriptions of the relevant grounddisturbing activities, the type of construction activities performed, locations of ground-disturbing
activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries
of significance to the Kizh Nation. Monitor logs will
identify and describe any discovered TCRs,
including but not limited to, Native American cultural
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 36
Source No. Condition Responsible
Department
Timing / Trigger
and historical artifacts, remains, places of
significance, etc., (collectively, tribal cultural
resources, or “TCR”), as well as any discovered
Native American (ancestral) human remains and
burial goods. Copies of monitor logs will be provided
to the project applicant/lead agency upon written
request to the consulting tribe. If a monitor is
selected from a tribe other than the Kizh Nation, the
Kizh Nation shall be contacted if any discoveries are
found.
e. On-site tribal monitoring shall conclude upon the
latter of the following (1) written confirmation to the consulting tribe from a designated point of contact
for the project applicant/lead agency that all grounddisturbing activities and phases that may involve ground-disturbing activities and that have the
potential to impact local TCRs on the project site or
in connection with the project are complete.
2025
SEIR
MM TCR2 Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial).

Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease
(i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully
assessed by the tribal monitor and consulting
archaeologist. If the consulting tribe is other than the Gabrieleño Band of Mission Indians – Kizh Nation, the
Kizh Nation shall be contacted and the consulting tribe will recover and retain all discovered TCRs in the form CDD Upon discovery during
construction
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 37
Source No. Condition Responsible
Department
Timing / Trigger
and/or manner the Kizh Nation deems appropriate, in
the Kizh Nation sole discretion, and for any purpose the Kizh Nation deems appropriate, including for
educational, cultural and/or historic purposes.
2025
SEIR
MM TCR3 Unanticipated Discovery of Human Remains and
Associated Funerary or Ceremonial Objects.
a. Native American human remains are defined in PRC
5097.98 (d)(1) as an inhumation or cremation, and
in any state of decomposition or skeletal
completeness. Funerary objects, called associated
grave goods in Public Resources Code Section
5097.98, are also to be treated according to this
statute.
b. If Native American human remains and/or grave
goods are discovered or recognized on the project
site, then Public Resource Code 5097.9 as well as
Health and Safety Code Section 7050.5 shall be
followed.
c. Human remains and grave/burial goods shall be
treated alike per California Public Resources Code
section 5097.98(d)(1) and (2).
d. Preservation in place (i.e., avoidance) is the
preferred manner of treatment for discovered
human remains and/or burial goods.
e. Any discovery of human remains/burial goods shall
be kept confidential to prevent further disturbance.

CDD Upon discovery during
construction
2025
SEIR
MM UT-1 Prior to project approval, the development applicant shall coordinate with IRWD to conduct infrastructure
analyses of water and sewer utilities in the project area PW / IRWD Prior to project
approval
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 38
Source No. Condition Responsible
Department
Timing / Trigger
to ensure existing conveyance and pressure is
adequate to serve the project. Once development
assumptions identified within the IRWD-approved
SAMP are surpassed, project applicants shall
coordinate with IRWD to update the SAMP for the TLSP
area.
2001

FEIS/EIR
MM (a)–
(v)
The mitigation measures of the 2001 FEIS/EIR
identified as applicable to the proposed Project in the addendum, as set forth in full in Section 5.6 (Land Use and Planning) of the addendum, are incorporated
herein by reference and shall be implemented as
applicable. These measures address infrastructure
phasing, utility easements and pro-rata construction
agreements, water and sewer service, fire flow and
hydrants, flood control and drainage, fire and police
protection, libraries, parks and recreation, school fees, and more. Where a measure imposes an obligation
also imposed by another condition in this Exhibit,
compliance with that condition satisfies the measure.

CDD/PW/PD/OCFA As specified in each
measure
FEES
(1) 18.1 Within 48 hours of final approval of the project, the applicant shall deliver to the Community Development
Department a CASHIER’S CHECK payable to the
County Clerk in the amount of $50.00 to enable the City to file the appropriate environmental documentation for the project. If within such 48-hour period the applicant has not delivered to the Community Development
Department the above-noted check, the statute of
limitations for any interested party to challenge the
environmental determination under the provisions of
the CEQA could be significantly lengthened.

CDD Ongoing
Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 39
Source No. Condition Responsible
Department
Timing / Trigger
(1) 18.2 Prior to issuance of each permit, payment shall be made of all applicable fees, including but not limited to the following:
• Building plan check and permit fees to the
Community Development Department.
• Engineering plan check and permit fees to the
Public Works Department.
• School facilities fees to the Tustin Unified School
District and/or Santa Ana Unified School District, as
applicable, in accordance with the City’s
procedures.
• Major Thoroughfare and Bridge Fees
(Foothill/Eastern Transportation Corridor Agency) to
the City of Tustin through the Public Works
Department, prior to issuance of Building Permit(s).

The fee rate schedule automatically increases on
July 1st of each year.

CDD / PW Prior to issuance of
each permit
ATTACHMENT 1C
________________
Ordinance No. 1580
DA 2025-0001

ORDINANCE NO. 1580

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2025-0001

BETWEEN THE CITY OF TUSTIN AND CD-CW (TUSTIN) LLC (CONFLUENT DEVELOPMENT) FOR THE DEVELOPMENT OF A 6.14-ACRE SITE WITHIN TUSTIN LEGACY WITH 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS AND AN APPROXIMATELY 143,000 SQUARE FOOT ASSISTED LIVING AND

MEMORY CARE FACILITY
The City Council of the City of Tustin does hereby ordain as follows:

SECTION 1. The City Council finds and determines as follows:

A. That a proper application has been submitted by Confluent Development, through its project entity CD-CW (Tustin) LLC, for the development of 172 residential units for active seniors, including 26 units affordable to Lower Income households, and an approximately 143,000 square foot assisted living and memory care facility containing 103 units, on Lot 14 of Tract 18197, an approximately 6.14-acre site currently owned by the City of Tustin within Planning Area (PA) 8, 13, and 14 (Neighborhood D) of the Tustin Legacy Specific Plan (TLSP).

B. That Development Agreement (DA) 2025-0001 provides public benefits in the form of senior housing including 26 units affordable to Lower Income households and assisted living and memory care facilities in the City; increased tax revenues; installation of on-site and off-site improvements; and the creation and retention of jobs. In addition, the DA requires the developer to:

1. Design and construct sidewalk, parkway landscape, and irrigation systems adjacent to the project along Warner Avenue, Armstrong Avenue, John Johnson Way, and Veterans Way;

2. Enter into a Landscape Installation and Maintenance Agreement with the City for the construction, maintenance, repair, and replacement of landscaping within the landscape area;

3. Annex the property and project improvements into Community Facilities District (CFD) 18-01, Zone 5, for the provision of maintenance and essential services at Tustin Legacy;

4. Pay the Project Fair Share Contribution for backbone infrastructure in Tustin Legacy; and
Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 ATTACHMENT 2
_________________
Ordinance No. 1580
DA 2025-0001

5. Construct the project within the time period set forth in the Schedule of Performance attached to the Disposition and Development Agreement (DDA).

C. That TLSP Section 4.2.7 requires all private nonresidential development at Tustin Legacy to obtain a DA in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code (TCC). In compliance with TCC Section 9611, the Tustin Planning Commission must make a recommendation on the proposed DA to the City Council.

D. That a public hearing was duly called, noticed, and held on said application on August 11, 2026, by the Planning Commission. The Planning Commission adopted Resolution No. 4554 recommending that the City Council approve the DA.

E. That a public hearing was duly called, noticed, and held on said application on _______ ___, 2026, by the City Council.

F. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an addendum to the FEIS/EIR. On May 13, 2013, the City Council adopted Resolution No. 13-32 approving a second addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second supplement to the FEIS/EIR. On December 17, 2024, the City Council adopted Resolution No. 24-76 approving a third supplement to the FEIS/EIR (the TLSP 2025 SEIR, State Clearinghouse No. 1994071005), which evaluated the environmental effects in conjunction with an amendment to the TLSP to implement the programs and policies of the City’s Sixth Cycle Housing Element Rezone Project, which increased residential capacity within TLSP Neighborhoods D (North and South) and G (Housing Element Sites 1A, 1B and 2).

The FEIS/EIR, along with its addenda and supplements, is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, addenda, and supplements considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin.

Because the proposed project includes an institutional assisted living and Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 ________________
Ordinance No. 1580
DA 2025-0001

memory care component in addition to residential uses, the project has been evaluated through an addendum tiering from the TLSP 2025 SEIR pursuant to CEQA Guidelines Sections 15164, 15162, and 15168. The addendum concludes that the project is within the scope of the development previously analyzed in the TLSP 2025 SEIR, that none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent or supplemental EIR have occurred, and that no further environmental documentation is required.

By Resolution No. 26-43, adopted concurrently herewith, the City Council has adopted the addendum to the TLSP 2025 SEIR.

G. That the DA can be supported by the following findings:

1. The project is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the TLSP in that residential uses are permitted by right and assisted living facilities (including memory care, a subset of assisted living) are conditionally permitted within Planning Area (PA) 8, 13, and 14 of Neighborhood D.

2. The project is compatible with the uses authorized in the district in which the real property is located (PA 8, 13, and 14) in that similar and compatible uses are envisioned within close proximity of the project site.

3. The project is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the agreement incorporates public benefits in the form of new senior housing opportunities, including 26 units affordable to Lower Income households, and assisted living and memory care services responsive to the needs of the City’s older adult population; sidewalk, parkway landscape, and irrigation improvements along the project’s Warner Avenue, Armstrong Avenue, John Johnson Way, and Veterans Way frontages; ongoing landscape maintenance secured by a Landscape Installation and Maintenance Agreement; annexation into CFD 18-01, Zone 5, for maintenance and essential services; increased tax revenues; and the creation and retention of jobs.

4. The project will not be detrimental to the health, safety, and general welfare in that the project will provide market rate and affordable residential units for active seniors, together with an assisted living and memory care facility, in an area designated for such uses. That, as conditioned, the construction and use of the project will not be detrimental to health, safety, and general welfare.

Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 _________________
Ordinance No. 1580
DA 2025-0001

5. The project will not adversely affect the orderly development of property in that the existing and surrounding properties are improved or planned for residential, institutional, and park uses, and the project is orderly, well designed, and equipped with necessary infrastructure and amenities to support existing and future residents of Tustin Legacy.

6. The provisions of the proposed DA and conditions of approval will ensure that the project will have a positive fiscal impact on the City.

SECTION 2. The City Manager is hereby authorized to take such actions, and execute such documents and instruments as deemed necessary or desirable to implement the terms of the DA and other documents as necessary.

SECTION 3. The City Council hereby approves DA 2025-0001 attached hereto as Exhibit A and subject to final approval of the City Attorney.

SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this ___ day of _____, 2026.
___________________________________

AUSTIN LUMBARD
Mayor
_________________________
ERICA N. YASUDA
City Clerk
Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 ________________
Ordinance No. 1580
DA 2025-0001

APPROVED AS TO FORM:
_________________________
DAVID E. KENDIG
City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF TUSTIN )
ORDINANCE NO. 1580
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify: (1) that the full title of the above and foregoing Ordinance No. 1580 was included on the City Council’s published agendas for its meetings on the 1st day of September 2026, the day of 2026; (2) that a copy of the full ordinance was made available to the public online and in print at the meeting prior its passage; (3) that the whole number of the members of the City Council of the City of Tustin is five; and (4) that the ordinance was duly and regularly introduced at the regular meeting of the City Council held on the 1st day of September 2026 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the day of 2026, by the following vote:

COUNCILMEMBER AYES: ___________________________________ COUNCILMEMBER NOES: ___________________________________ COUNCILMEMBER ABSTAINED: ___________________________________ COUNCILMEMBER ABSENT: ___________________________________ COUNCILMEMBER RECUSED: ___________________________________ ERICA N. YASUDA,
City Clerk
Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 1 City of Tustin/Confluent Development
Development Agreement

CITY OF TUSTIN OFFICIAL BUSINESS

REQUEST DOCUMENT BE RECORDED

AND BE EXEMPT FROM PAYMENT OF

A RECORDING FEE PER
GOVERNMENT CODE 6103 AND 27383

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Tustin
300 Centennial Way
Tustin, California 92780
Attn: City Clerk
Space Above This Line Reserved for Recorder’s Use Only

TUSTIN LEGACY DEVELOPMENT AGREEMENT
THIS TUSTIN LEGACY DEVELOPMENT AGREEMENT (“Agreement”) is entered into effective as of the Effective Date (as defined below) by and between the CITY OF TUSTIN, a California municipal corporation (“City”), and CD-CW (TUSTIN) LLC, a Colorado limited liability company (as further defined in Section 1 below, “Developer”). The City and Developer are collectively referred to herein as the “Parties” and individually as a “Party”.

RECITALS
The following recitals are an integral part of this Agreement and are binding on the Parties.

Capitalized terms used in these recitals shall have the meanings ascribed to such terms as set forth in Section 1.1.

A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the legislature of the State of California (“State”) adopted California Government Code Sections 65864, et seq. (“Development Agreement Statute”). The Development Agreement Statute authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property and to provide for development of such property and to establish certain development rights therein.

Pursuant to California Government Code Section 65451, the City has adopted the Tustin Legacy Specific Plan regulating land uses within Tustin Legacy (as the same may be amended from time to time, “Specific Plan”). Specific Plan Section 4.2.7 states: “prior to issuance of any permits or approval of any entitlements within the Specific Plan area, all private non-residential development shall first obtain a Development Agreement in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code.” Pursuant to the authorization set forth in the Development Agreement Statute, the City has enacted procedures for entering into development agreements which are contained in Tustin City Code Sections 9600 to 9619.

B. The City and Developer intend, concurrently with the execution of this Agreement, to enter into the Tustin Legacy Disposition and Development Agreement for Portion of Disposition ATTACHMENT 2A
2 City of Tustin/Confluent Development
Development Agreement
Area 8 as the same may be amended from time to time (“DDA”) pursuant to which the City shall agree to sell and Developer shall agree to buy and develop the Real Property.

C. Developer shall develop the Project as two components comprised of an active adult residential facility and related improvements (as further defined in the DDA, “Active Adult Project”) on the Active Adult Real Property and a separate assisted living and memory care commercial facility and related improvements (as further defined in the DDA, “AL/MC Project”) to be constructed on the AL/MC Real Property, as more specifically set forth and defined in the DDA.

D. Upon the Close of Escrow, Developer intends to acquire the Property and develop the Project.

E. Consistent with the requirements of California Government Code Sections 54220- 54234 (“Surplus Land Act”) and the California Department of Housing and Community Development’s (“HCD”) Updated Surplus Land Act Guidelines dated August 1, 2024 (“SLA Guidelines”, and collectively with the Surplus Land Act, as each may be amended from time to time, the “SLA Regulations”), fifteen percent (15%) of the total number of Residential Units to be constructed on the Active Adult Real Property (and any Residential Units that may in the future be developed on the AL/MC Real Property) must be Lower Income Units. Developer recognizes that the timing of construction of the Project may be subject to regulation under the SLA Regulations as the same may be amended. To ensure compliance with the SLA Regulations, the City shall record an SLA Covenant and an Affordable Housing Declaration against the Real Property immediately prior to the Close of Escrow. Notwithstanding the foregoing, the Parties acknowledge and agree that development of an assisted living and/or memory care facility is a commercial use under the Tustin Legacy Specific Plan and such use is accordingly not a residential use or considered development of Residential Units to which the affordable housing requirements of the SLA Covenant would apply.

F. This Agreement shall be executed concurrently with the DDA pursuant to which Developer shall have an equitable and/or legal interest in the Real Property in that it has the contractual right to purchase the Property from the City for development of the Project.

G. Pursuant to California Government Code Section 65864, the Legislature has found and determined that:
“(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. 3 City of Tustin/Confluent Development
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(c) The lack of public facilities, including but not limited to streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious impediment to the development of new housing. Whenever possible, applicants and local governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities.”
In accordance with the legislative findings set forth in California Government Code Section 65864, the City wishes to secure the Public Benefits and attain certain public objectives that will be furthered by this Agreement. This Agreement will provide for: the orderly implementation of the City of Tustin General Plan (“General Plan”), the development and completion of the Project in accordance with the DDA and as applicable the SLA Covenant and the Affordable Housing Declaration, consistent with the General Plan and the Specific Plan. This Agreement will further the comprehensive planning objective contained in the General Plan, to promote an economically balanced community with complementary and buffered land uses to include commercial, professional, multi-family and single-family development.

H. The DDA, the Specific Plan and the development under the DDA and the Specific Plan require a substantial early investment of money and planning and design effort by Developer.

Without the protection provided by this Agreement, uncertainty that the Project may be completed in its entirety could result in a waste of public resources, escalate the cost of public improvements, and discourage Developer’s provision of the Public Benefits or payment for those certain public improvements specified in the DDA and the Specific Plan. Developer’s participation in the implementation of the DDA and the Specific Plan will result in a number of public benefits. These benefits require the cooperation and participation of the City and Developer and could not be secured without mutual cooperation in and commitment to the comprehensive planning effort that has resulted in the DDA and the Specific Plan.

I. This Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Statute. This Agreement is intended to augment and further the purposes and intent of the Parties in the implementation of the DDA and the Specific Plan. This Agreement, as a device for the implementation of the Existing Entitlement Approvals and the Specific Plan, will benefit the City by: eliminating uncertainty in planning for and securing the orderly development of the Project, ensuring a desirable and functional community environment; providing effective and efficient development of public facilities, infrastructure and services appropriate for the development of the Project; assuring attainment of the maximum effective utilization of resources within the City; and providing other significant public benefits to the City and its residents by otherwise achieving the goals and purposes of the Development Agreement Statute. In exchange for these benefits to the City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Applicable Rules, all as more particularly set forth herein.

J. The City has determined that this Agreement and the Project are consistent with the Marine Corps Air Station-Tustin Reuse Plan, the General Plan and the Specific Plan.

K. On ___________________, 20__, the Planning Commission held a public hearing on this Agreement (DA 2025-0001), made certain findings and determinations with respect 4 City of Tustin/Confluent Development
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thereto, and recommended to the City Council of the City that this Agreement be approved. On ___________________, 20__ the City Council held a public hearing on this Agreement, considered the recommendations of the Planning Commission, and adopted Ordinance No. ______, approving this Agreement and authorizing its execution. Ordinance No. _______ was formally adopted at a second reading by the City Council on ________________, 20__.

L. On _________________, 20__, the Planning Commission held a public hearing and recommended to the City Council of the City that it approve Design Review application 2025- 0008: Subdivision 2025-0003 (County Tentative Parcel Map Number 2025-151); Conditional Use Permit approval (CUP 2025-0012); and the density bonus application, density bonus exception and related concessions, incentives and waivers authorized under Tustin City Code Sections 9123 and 9124 related to the provision of affordable housing units in compliance with California Government Code Section 54220-54234 and 65915. On _________________, 20__, the City Council held a public hearing, considered the recommendations of the Planning Commission, and approved the Design Review, Tentative Parcel Map, Conditional Use Permit and density bonus applications.

AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS AND EXHIBITS
Definitions. Any capitalized word or term used and specifically defined in this Section 1.1 or elsewhere in this Agreement shall have the meaning established in this Agreement.

Capitalized words or terms not defined in this Agreement shall have the definition or meaning ascribed to such word or term as provided in the DDA. All capitalized terms not specifically defined in the DDA or this Agreement shall be interpreted in accordance with the Planning and Land Use Law (California Government Code, Title 7). If neither this Agreement, the DDA, nor applicable law defines a particular term, then the City Manager’s interpretation in her/his reasonable discretion shall apply. The following terms when used in this Agreement shall be defined as follows:

1.1.1 “Action” is defined in Section 9.10.

1.1.2 “Active Adult Project” is defined in Recital C.

1.1.3 “Active Adult Real Property” means the portion of the Real Property depicted as such on Exhibit E to this Agreement and if the Final Parcel Map is Recorded, shall be comprised of Parcel 1 on the Final Parcel Map.

1.1.4 “Administrative Amendment” is defined in Section 2.5.3.

1.1.5 “Affordable Housing Declaration” means that certain Declaration of Affordable Housing Restrictive Covenants and Regulatory Agreement to be executed by the City 5 City of Tustin/Confluent Development
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and Developer and Recorded against the Real Property prior to the Close of Escrow.

1.1.6 “Agreement” is defined in the introductory paragraph.

1.1.7 “AL/MC Project” is defined in Recital C.

1.1.8 “AL/MC Real Property” means the portion of the Real Property depicted as such on Exhibit E to this Agreement, and if the Final Parcel Map is Recorded, shall be comprised of Parcel 2 of the Final Parcel Map.

1.1.9 “Annual Review Certificate” is defined in Section 4.5.

1.1.10 “Applicable Rules” means (a) the Existing Land Use Regulations of the City; (b) the Future Rules that at the time of adoption do not Conflict with the then-effective Applicable Rules; (c) the Future Rules made applicable to the Project and/or the Property pursuant to Section 3.6.2 or 3.10; (d) the Existing Entitlement Approvals, and (e) the Subsequent Entitlement Approvals to which the Project and/or the Property or development and use thereof are made subject to pursuant to the terms of this Agreement.

1.1.11 “Applications” is defined in Section 3.11.2.

1.1.12 “Business Day(s)” means any day on which City Hall is open for business and shall specifically exclude Saturday, Sunday or a legal holiday.

1.1.13 “Certificate of Compliance” means a certificate issued and Recorded by the City upon Completion by Developer of the Active Adult Project Improvements and/or the AL/MC Project Improvements, as applicable, and satisfaction of all additional Conditions Precedent thereto as described in the DDA, provided that if the Final Parcel Map is not Recorded prior to issuance of the first of these two Certificates of Compliance, then in lieu of separate Certificates of Compliance for each component of the Project, there shall be only one Certificate of Compliance issued and it shall be issued after Completion of the entirety of the Project and satisfaction of all additional Conditions Precedent set forth in the DDA for both the Active Adult Project and AL/MC Project.

1.1.14 “City” is defined in the introductory paragraph.

1.1.15 “City Manager” means Aldo E. Schindler or his successor in such capacity, or other designee as identified in writing by the City Manager.

1.1.16 “City Processing Fees” means (a) all fees and charges imposed by the City under the then-current regulations for processing applications and requests for permits, approvals, and other actions and monitoring compliance with any permits issued or approvals granted, including Plan Check and Inspection Fees and all applicable processing and permit fees to cover the reasonable cost to the City of: (i) processing and reviewing applications (including Applications) and plans for any Entitlement Approvals, site review and approval, administrative review, and similar fees imposed to recover the City’s costs associated with processing, reviewing, and inspecting Project applications, plans and specifications; (ii) inspecting the work constructed or installed by or on behalf of Developer, and (iii) monitoring compliance with any requirements 6 City of Tustin/Confluent Development
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applicable to development of the Project, and (b) all costs incurred by the City in the performance of necessary studies and reports in connection with the foregoing and its obligations under this Agreement.

1.1.17 “Claims” is defined in Section 6.

1.1.18 “Conflict” means Future Rules that as compared with the Existing Land Use Regulations, the Existing Entitlement Approvals, this Agreement, the DDA, the Memorandum of DDA, the Special Restrictions, the Landscape Installation and Maintenance Agreement, the Quitclaim Deeds, the SLA Covenant and the Affordable Housing Declaration: (i) would: (a) preclude compliance with or performance of any provision of this Agreement; (b) modify the land use designation or permitted uses of the Real Property; (c) impose additional obligations in connection with the reservation or dedication of land or exactions for public purposes; (d) impose an increased or additional affordable housing obligation for the Project beyond those set forth in the SLA Covenant and the Affordable Housing Declaration; or(e) regulate rents charged for any of the Residential Units, including without limitation, the enactment of a rental control or stabilization ordinance (and excluding regulations of rent implemented through the SLA Covenant and Affordable Housing Declaration); (ii) would result in a material adverse effect to the Project with respect to any of the following: (a) impose limits or controls in the rate, timing, phasing or sequencing of development of the Project or provision of utilities, (b) limit or restrict the availability of public utilities, services, infrastructure or facilities (for example, but not by way of limitation, water rights, water connection or sewage capacity rights, sewer connections, etc.) to the Project with respect to matters under the control of the City; (c) reduce or limit the density, intensity, maximum building height or size or parking or loading spaces of any of the buildings comprising the Project to less than that described in the Existing Entitlement Approvals, (d) limit the location of building sites, grading or other Project Improvements on the Real Property, or (e) require Developer to obtain additional discretionary approvals or permits from the City to develop the Project as entitled by the Existing Entitlement Approvals, excepting therefrom any Subsequent Entitlement Approvals as may be required or requested by Developer.

1.1.19 “Costs” is defined in Section 9.10.

1.1.20 “Damages” is defined in Section 5.3.

1.1.21 “DDA” is defined in Recital B.

1.1.22 “Decision” is defined in Section 9.10.

1.1.23 “Defaulting Party” is defined in Section 5.1.

1.1.24 “Developer” is defined in the introductory paragraph and includes any Successors In Interest of Developer.

1.1.25 “Development Agreement Statute” is defined in Recital A.

1.1.26 “Development Permits” means all ministerial permits, certificates and approvals which may be required by the City or other governmental authority for the development 7 City of Tustin/Confluent Development
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and construction of the Project Improvements in accordance with this Agreement, the DDA, the Applicable Rules and any required environmental mitigation, including engineering permits, grading permits, foundation permits, construction permits and building permits.

1.1.27 “District” is defined in Section 3.1.1.

1.1.28 “Effective Date” means the date that is thirty (30) days after the date of approval (second reading) by the City Council of the City’s ordinance approving this Agreement.

1.1.29 “EIR” means the Final Environmental Impact Statement/Final Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (Final EIS/EIR) and Mitigation Monitoring and Reporting Program for the Final EIS/EIR adopted by the City on January 16, 2001 as subsequently modified by Supplement to the Final EIR/EIS and Addenda to the Final EIS/EIR approved by the City.

1.1.30 “Entitlement Approvals” means (a) all discretionary land use approvals and entitlements, subdivision maps, density bonuses, conditional use permits and design review approvals as may be applicable for proposed specific uses in connection with development of the Project on the Real Property and (b) all conditions of approval legally required by the City as a condition to subdivision and development of the Real Property, and construction of the Project Improvements in accordance with this Agreement and the DDA. Entitlement Approvals shall be comprised of the Existing Entitlement Approvals and any Subsequent Entitlement Approvals.

1.1.31 “Existing Entitlement Approvals” means all Entitlement Approvals approved or issued prior to the Effective Date and including the following which are a matter of public record on the Effective Date: (a) Development Agreement (2025-0001), (b) Design Review 2025-0008, (c) Subdivision 2025-0003 (Tentative Parcel Map Number 2025-151), (d) Conditional Use Permit (CUP 2025-0012), and (e) the density bonus application, density bonus exception and related concessions and incentives authorized under Tustin City Code Section 9123 and 9124 related to the provision of affordable housing units.

1.1.32 “Existing Land Use Regulations” means the Land Use Regulations in effect on the Effective Date, including the General Plan, the City Zoning Code, the Specific Plan, development and/or design standards and guidelines and all other ordinances, resolutions, rules, and regulations of the City governing development and use of the Real Property in the form and substance in effect as of the Effective Date to the extent applicable to the Project; provided that the definition of Existing Land Use Regulations shall not include regulations modified through density bonus concessions, waivers and/or incentives granted as part of the Existing Entitlement Approvals.

1.1.33 “Extremely Low Income Households” means persons and families whose incomes do not exceed the qualifying limits for extremely low income families as established and amended from time to time by the Secretary of Housing and Urban Development and defined in Section 5.603(b) of Title 24 of the Code of Federal Regulations. These limits shall be published by the Department of Housing and Community Development in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the Department of Housing and Community Development shall, by regulation, establish income limits for extremely low income 8 City of Tustin/Confluent Development
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households for all geographic areas of the state at 30 percent of AMI, adjusted for family size and revised annually.

1.1.34 “Final Certificate of Compliance” means the Certificate of Compliance issued and Recorded by the City for the last of the Active Adult Project or the AL/MC Project upon satisfaction of all Conditions Precedent therefor set forth in the DDA, provided that if the Final Parcel Map is not Recorded prior to issuance of the first of those two Certificates of Compliance, then the single Certificate of Compliance issued after Completion of the entirety of the Project and satisfaction of all additional Conditions Precedent set forth in the DDA or both the Active Adult Project and AL/MC Project shall be the Final Certificate of Compliance.

1.1.35 “Final Date” is defined in Section 3.12.1(b).

1.1.36 “Final Parcel Map” means the final parcel map for the Real Property, Parcel Map Number 2025-151, which shall be substantially in the form and content required by the Tentative Tract Map unless otherwise approved by the City in its Governmental Capacity. If Recorded, the Final Parcel Map shall be recorded in one phase.

1.1.37 “Force Majeure Delay” as to the Active Adult Project or the AL/MC Project is a delay that is determined to be a Force Majeure Delay as to that specific project under the applicable DDA Section.

1.1.38 “Future Rules” is defined in Section 3.6.2.

1.1.39 “General Plan” is defined in Recital G.

1.1.40 “HCD” is defined in Recital E.

1.1.41 “Land Use Regulations” means all laws, statutes, ordinances, resolutions, codes, orders, rules, regulations and official policies of the City governing the development and use of land, including the permitted uses of the Real Property and Project Improvements, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of proposed buildings, and the provisions for reservation or dedication of land for public purposes.

1.1.42 “Landscape Area” means the portion of the Real Property and of the City Property (as defined in the Landscape Installation and Maintenance Agreement), generally between the back of curb on each public street adjoining the Real Property and the buildings on the Real Property, as more particularly depicted on Exhibit D to this Agreement.

1.1.43 “Lower Income Household” means persons and families whose income does not exceed the qualifying limits for lower income households established and amended from time to time pursuant to Health and Safety Code section 50079.5, including the federal incomelimit methodology under Section 8 of the United States Housing Act of 1937 referenced therein, as adjusted for family size and published by the California Department of Housing and Community Development. For purposes of this Agreement, the applicable income limit for Lower Income Households shall generally not exceed eighty percent (80%) of area median income, adjusted for 9 City of Tustin/Confluent Development
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family size, as such limits are revised annually. “Lower Income Households” includes Very Low Income Households and Extremely Low Income Households.

1.1.44 “Lower Income Units” shall mean Residential Units that are restricted to be sold or rented to Lower Income Households.

1.1.45 “Major Amendment” is defined in Section 2.5.2.

1.1.46 “Non-Defaulting Party” is defined in Section 5.1.

1.1.47 “Operating Memoranda” is defined in Section 2.5.3.

1.1.48 “Other Agreements” shall mean the SLA Covenant, the Special Restrictions, the Landscape Installation and Maintenance Agreement, the DDA, the Memorandum of DDA, the Affordable Housing Declaration, the Access Easement Agreement, the Bioswale Easement and the Quitclaim Deed.

1.1.49 “Party” and “Parties” are defined in the introductory paragraph.

1.1.50 “Plan Check and Inspection Fees” means the portion of the City Processing Fees incurred by the City directly or by an independent contractor of the City with respect to its provision of Plan Check and Inspection Services for the Project, which shall be billed to Developer by the City and paid by Developer to the City in accordance with Section 3.12.1(b).

1.1.51 “Plan Check and Inspection Services” means the services performed by City staff and its third-party inspectors, engineers, contractors and consultants, if any, to carry out and complete plan check, perform inspections, and monitor Developer compliance with the Applicable Rules, as needed for review and issuance of encroachment permits, excavation permits, grading permits, mechanical, electrical and plumbing permits and building permits requested by Developer in connection with the Project.

1.1.52 “Prevailing Party” is defined in Section 9.10.

1.1.53 “Processing Fee Deposit” is defined in Section 3.12.1(b).

1.1.54 “Project” means the development of the Real Property with the Project Improvements contemplated by the Existing Entitlement Approvals as such Entitlement Approvals may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.55 “Project Fair Share Contribution” means the fair share of the Tustin Legacy Backbone Infrastructure Program to be contributed by Developer with respect to the Project as further described in the DDA and Section 3.12.3.

1.1.56 “Project Improvements” means all infrastructure, roads, sidewalks, buildings, structures and other improvements to be constructed or installed on the Active Adult Real Property and the AL/MC Real Property as further described for each in the DDA, and for avoidance of doubt shall include the Horizontal Improvements, the Vertical Improvements and the Public Benefits Improvements.
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1.1.57 “Public Benefit” and “Public Benefits” means those public benefits to be provided by Developer and the Project as described in Section 3.1 that comprise enforceable additional consideration to the City for this Agreement and shall include the Public Benefits Improvements.

1.1.58 “Public Benefits Improvements” means those improvements listed in Exhibit C to this Agreement to be constructed by Developer as part of the Project.

1.1.59 “Public Health Risk” is defined in Section 3.10.3.

1.1.60 “Real Property” means the real property legally described on Exhibit A and depicted on Exhibit B that is proposed to be conveyed by the City to Developer pursuant to the DDA, excluding therefrom the rights and interests identified in the DDA as to be reserved by the City in the Quitclaim Deed.

1.1.61 “Record”, “Recording”, and “Recorded” means to record the specified instrument, or the current or past recording of the specified instrument, in the official records of Orange County, California.

1.1.62 “Recordable” means in a form suitable for Recording.

1.1.63 “Reservation of Authority” means the rights and authority excepted from the assurances and rights provided to Developer under this Agreement and reserved to the City under Section 3.10.

1.1.64 “Residential Units” means units constructed on the Real Property that are characterized as residential units by the City of Tustin Municipal Code and/or the Tustin Legacy Specific Plan; provided that Residential Units shall not include the assisted living and/or memory care facility rooms proposed to be constructed on the AL/MC Property.

1.1.65 “RMA” is defined in Section 3.1.1.

1.1.66 “SLA Covenant” means that certain Surplus Land Act Covenant to be executed by the City and acknowledged and accepted by Developer under the DDA and the Nominee(s), if any, that will acquire the Property at the Close of Escrow, which shall be Recorded against the Real Property prior to the Close of Escrow.

1.1.67 “SLA Guidelines” is defined in Recital E.

1.1.68 “SLA Regulations” is defined in Recital E.

1.1.69 “Specific Plan” is defined in Recital A.

1.1.70 “State” is defined in Recital A.

1.1.71 “Subsequent Entitlement Approvals” means each discretionary land use approval, if any, approved by the City consistent with the terms of this Agreement subsequent to the Effective Date in connection with development of the Property, as further described in Section 11 City of Tustin/Confluent Development
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3.9. 1.1.72 “Successors In Interest” means each and every Person having a legal or equitable interest in or to the whole of the Real Property or any portion of the Real Property.

1.1.73 “Surplus Land Act” is defined in Recital E.

1.1.74 “Tax B” means a District tax the proceeds of which shall be used by the City to fund a portion of the City essential services, including police protection services, fire protection services, ambulance and paramedic services, recreation program services, maintenance of City-owned parks, parkways and open space, flood and storm protection and street and sidewalk maintenance at Tustin Legacy.

1.1.75 “Tentative Parcel Map” means the tentative parcel map for the Real Property (Tentative Parcel Map No. 2025-151) approved by the City Council with respect to the Real Property prior to the Effective Date of this Agreement, as the same may be modified or amended with the approval of the City in its Governmental Capacity.

1.1.76 “Term” is defined in Section 2.3.

1.1.77 “Tustin City Code” means the municipal code of the City of Tustin.

1.1.78 “Very Low Income Household” means persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. These qualifying limits shall be published by the Department of Housing and Community Development in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the Department of Housing and Community Development shall, by regulation, establish income limits for very low income households for all geographic areas of the state at fifty percent (50%) of area median income, adjusted for family size and revised annually. “Very Low Income Households” includes Extremely Low Income Households.

Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit A – Legal Description of the Real Property
Exhibit B – Map showing Real Property
Exhibit C – Public Benefits Improvements
Exhibit D – Landscape Area
Exhibit E – Site Plan
Exhibit F – Access Easement Agreement
Exhibit G – Bioswale Easement Agreement
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2. GENERAL PROVISIONS
Binding Effect of Agreement. The Real Property is hereby made subject to this Agreement. Development of the Real Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement and the Entitlement Approvals. This Agreement shall become null and void if the DDA is not approved and executed within ninety (90) calendar days of approval of this Agreement by the City Council, as the same may be extended by mutual agreement of the City Manager and Developer.

Interests in Property. The City and Developer agree that Developer’s right to acquire the Property pursuant to the DDA creates a sufficient legal and/or equitable interest in order to enter into this Agreement. If Developer fails to acquire any portion of the Property, then this Agreement shall automatically no longer be effective as to the entirety of the Property concurrently with the date upon which Developer’s rights to acquire any unacquired portion of the Property expire.

Term. This Agreement shall commence on the Effective Date and unless terminated, modified, or extended by circumstances set forth in this Agreement or by mutual written consent of the Parties shall terminate upon the earlier of (i) the issuance and Recording by the City of the Final Certificate of Compliance or (ii) the date that is thirty-six (36) months following the Close of Escrow (“Term”). Notwithstanding the foregoing, the Term shall be automatically extended only during the term of any Force Majeure Delay declared pursuant to the DDA, provided that the maximum extension to the Term as to any portion of the Active Adult Project or the AL/MC Project as a result of Force Majeure Delay shall not as to each such portion of the Project cumulatively exceed twelve (12) months and provided further that in no event shall the Term be extended by an event of Force Majeure Delay beyond that set forth in this Section.

Covenants Running with the Land; Assignment. The rights, interests and obligations conveyed and provided herein to Developer’s benefit are appurtenant to the Real Property, and shall constitute covenants running with the land comprising the Real Property and shall bind and inure to the benefit of all assignees, transferees and successors to the Parties.

Developer shall have the right to assign this Agreement in connection with a conveyance, assignment or any other transfer of all or a portion of the Real Property without the City’s consent, provided the assignee agrees to assume all of the obligations of Developer hereunder with respect to the Real Property or transferred portion thereof. Notwithstanding the foregoing, no Owner shall Transfer any portion of the Real Property or portion thereof, or Improvements thereon or interest therein or Transfer Control as to any portion of the Real Property for which a Certificate of Compliance has not been issued, except in compliance with the requirements of Article 2 and/or Article 17 of the DDA, which provisions, and all definitions and other provisions of the DDA required to interpret and apply such provisions, shall be deemed to be incorporated into this Section

2.4 by this reference and to be in effect as to the portion of the Real Property subject to the DDA whether then in effect or then terminated. Any purported Transfer or Transfer of Control that does not comply with the requirements of Article 2 and, if applicable, Article 17 of the DDA shall, at the election of the City, be null and void.
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Amendment or Cancellation of Agreement.

2.5.1 Generally. City or Developer may propose an amendment to or cancellation, in whole or in part, of this Agreement. Any amendment or cancellation shall be by mutual consent of the Parties except as provided otherwise in this Agreement, in California Government Code Section 65865.1, or in the Tustin City Code Section 9615.

2.5.2 Major Amendment. Any amendment to this Agreement which affects or relates to: (a) the Term of this Agreement; (b) amendment of the uses allowed on the Real Property; (c) provisions for the reservation or dedication of land or grant of any easement; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Real Property or the maximum height or square footage of proposed buildings or other structures or improvements; (f) a material change to the design, improvement and construction standards and specifications applicable to the development of the Real Property, (g) the conditions, terms, restrictions and requirements relating to Subsequent Entitlement Approvals of the City, (h) material revisions to Public Benefits or Public Benefits Improvements (other than to the time for performance of such Public Benefits or Public Benefits Improvements), or to monetary exactions of or contributions by Developer, (i) significant revisions to the amount or any funds due pursuant to this Agreement, or (j) revisions to the default, cure or remedies provisions of this Agreement shall be deemed a “Major Amendment”. A Major Amendment shall only be made following a noticed public hearing held by the Planning Commission to consider whether the amendment should be approved or denied, and, following recommendation to the City Council on the matter, the City Council shall hold a noticed public hearing to consider the request and the Planning Commission’s recommendation on the matter. At the conclusion of the public hearing, the City Council may approve, deny, or conditionally approve the amendment. Any amendment which is not a Major Amendment shall be deemed an Administrative Amendment subject to Section 2.5.3. Subject to any defined terms in this Agreement, the City Manager or his or her designee shall have the authority to determine in her/his reasonable discretion, if an amendment is a Major Amendment subject to this Section 2.5.2 or an Administrative Amendment subject to Section 2.5.3.

2.5.3 Administrative Amendments and Operating Memoranda. The Parties acknowledge that refinement and further implementation of the Project may demonstrate that certain minor changes may be appropriate with respect to the details and performance of the Parties under this Agreement when a Major Amendment is not required (“Administrative Amendment”).

The Parties desire to retain a certain degree of flexibility with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that minor changes, or minor adjustments are necessary or appropriate and do not constitute a Major Amendment under Section 2.5.2, they shall effectuate such minor changes or minor adjustments through a written Administrative Amendment approved in writing by Developer and the City Manager, which upon request from Developer shall be in recordable form.

Unless otherwise required by law, no such Administrative Amendment shall require prior notice or hearing, nor shall it constitute an amendment to this Agreement. The authority to enter into such Administrative Amendments is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any Administrative Amendments without further Planning Commission or City Council action. Furthermore, if, from time to time during the Term of this Agreement, City and Developer agree that clarifications or further understanding regarding the 14 City of Tustin/Confluent Development
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implementation of this Agreement are needed that do not constitute a Major Amendment or Minor Amendment are necessary or appropriate, City and Developer shall effectuate such clarifications through operating memoranda approved in writing by City and Developer (“Operating Memoranda”), which upon request from Developer may be in a recordable form. No such Operating Memoranda shall constitute an amendment to this Agreement requiring public notice or hearing and are considered ministerial clarifications. The City Manager shall have the sole discretion and authority to make determinations on behalf of City as to whether a requested clarification may be effectuated pursuant to this Section 2.5.3. The City Manager shall, upon consultation with the City Attorney as to the form of the Operating Memorandum, be authorized to execute any Operating Memoranda hereunder on behalf of City.

2.5.4 Consent to Amendments. Any Future Rule applicable pursuant to this Agreement, that is not in conflict with this Agreement, and any amendment of the Land Use Regulations including to the General Plan, the Specific Plan or the City’s zoning ordinance, that is not in conflict with this Agreement, shall not require amendment of this Agreement. Instead, any such amendment shall be deemed to be incorporated into this Agreement at the time that such amendment is approved by the appropriate City decision maker, so long as such amendment is consistent with this Agreement.

2.5.5 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the Term of this Agreement as set forth in Section 2.3; (b) Entry of a final court judgment not subject to further appeal setting aside, voiding or annulling the adoption of the City ordinance approving this Agreement; (c) The adoption of a referendum measure overriding or repealing the City ordinance approving this Agreement;
(d) Grant of all easements, dedications, grants and/or relinquishments of rights by Developer as required on the Final Parcel Map (if then Recorded) and pursuant to the Other Agreements, issuance of all required occupancy permits and acceptance by the City or applicable public agency of all required public improvements and dedications, and issuance and Recording by the City of the Final Certificate of Compliance; provided that if the Final Parcel Map is Recorded prior to the Recording of the first Certificate of Compliance, then this Agreement shall terminate as to the Active Adult Real Property or the AL/MC Real Property, as the case may be, upon issuance of a Certificate of Compliance for the applicable component of the Real Property and Project and satisfaction of the requirements in this clause (d). (e) Due to termination by the City in accordance with Sections 4.4, 5 or

9.12 of this Agreement; or
(f) Upon mutual written agreement of the City and Developer.

Termination of this Agreement shall not constitute termination of any other Entitlement Approvals for the Real Property. Upon the termination of this Agreement, no Party shall have any further 15 City of Tustin/Confluent Development
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right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement.

Notices, Demands and Communications between the Parties. All notices, demands, consents, requests and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed conclusively to have been duly given (a) when hand delivered to the other Party; (b) three (3) Business Days after such notice has been sent by U.S. Postal Service via certified mail, return receipt requested, postage prepaid, and addressed to the other Party as set forth below; (c) the next Business Day after such notice has been deposited with an overnight delivery service reasonably approved by the Parties (Federal Express, Overnite Express, United Parcel Service and U.S. Postal Service are deemed approved by the Parties), postage prepaid, addressed to the Party to whom notice is being sent as set forth below with next Business Day delivery guaranteed, provided that the sending Party receives a confirmation of delivery from the delivery service provider; or (d) when received by the recipient Party when sent by email to the email address set forth below; provided, however, that notices given by email shall not be effective unless either (i) a duplicate copy of such notice is promptly sent by any method permitted under this Section 2.6 other than by email (provided that the recipient Party need not receive such duplicate copy prior to any deadline set forth herein); or (ii) the receiving Party delivers a written confirmation of receipt for such notice by email or any other method permitted under this Section 2.6. Any notice given by email shall be deemed received on the next Business Day if such notice is received after 5:00 p.m. (recipient’s time) or on a non-Business Day. Unless otherwise provided in writing, all notices with respect to this Agreement shall be addressed as follows:

City: City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attention: Aldo E. Schindler
Email: [email protected]
With a copy to: Deputy City Manager – Real Property
City of Tustin
300 Centennial Way
Tustin, CA 92780
Email: [email protected]
And with a copy to: City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
Attention: David Kendig, Esq.

Email: [email protected]
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And with a copy to: Hepner & Myers LLP
1241 Johnson Avenue, Suite 360
San Luis Obispo, CA 93401
Attention: Amy E. Freilich, Esq.

Email: [email protected]
Developer: CD-CW (Tustin) LLC
c/o Confluent Development, LLC
2215 Market Street
Denver, CO 80202
Attention: Steve Strom and H McNeish
Email: [email protected];
[email protected]
And with a copy to: CD-CW (Tustin) LLC
c/o Confluent Development, LLC
2215 Market Street
Denver, CO 80202
Attention: Legal Department
Email: [email protected]
And with a copy to: Polsinelli
1401 Lawrence Street, Suite 2300
Denver, CO 80202
Attention: Nick McGrath
Email: [email protected]
Any Party may by written notice to the other Party in the manner specified in this Agreement change the person or persons and/or address or addresses, or designate an additional person or persons or an additional address or addresses, for its notices, but notice of a change of address shall also with respect to the City be delivered to the City Clerk. Neither Party shall refuse or reject delivery of any notice given in accordance with this Section 2.6.

3. DEVELOPMENT OF THE REAL PROPERTY
Public Benefits. This Agreement provides assurances and Developer with vested rights (but not the obligation) to develop the Project in accordance with the Applicable Rules and this Agreement, and subject to the City’s Reservation of Authority. The Parties believe that such orderly development of the Project will provide the benefits to the City and additional regional public benefits including development of new senior housing opportunities (including affordable Residential Units) for seniors, and assisted living and memory care facilities in the City, increased tax revenues, installation of on-site and off-site improvements, and creation and retention of jobs.

In addition, Developer will provide the following additional Public Benefits which constitute specific additional consideration for this Agreement for the benefit of the City:
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3.1.1 The City has previously established Community Facilities District 18- 01 with a Tax B component to pay for various essential services at Tustin Legacy (“District”).

Prior to and as a condition to the Close of Escrow and as further set forth in the DDA, the City, by action of the City Council, intends to form CFD 18-01 Zone 5, which shall include the Real Property and Project Improvements for purposes of providing maintenance and to thereby annex the Real Property and future Project Improvements into the District and to adopt a rate and method of apportionment for the improvement area (“RMA”) for CFD 18-01 Zone 5. When the new improvement area is formed, the District shall impose a tax and lien upon the Real Property in accordance with the terms of the instruments governing the District, the RMA and the requirements of the DDA. At the time of annexation into the District, the Real Property and Project Improvements will be de-annexed from existing City CFD 13-01. During the Term, Developer and the City shall adhere to all terms and conditions in the DDA governing the District, including the formation and operation thereof and annexation of the Real Property into the District, and Developer shall pay when due any assessments and/or special assessments imposed by the District.

3.1.2 Developer shall pay the Project Fair Share Contribution to the City as and when described in Section 3.12.3.

3.1.3 Developer shall complete the Public Benefits Improvements listed on Exhibit C within the time periods set forth in the Schedule of Performance attached to the DDA.

3.1.4 Developer shall construct the Project within the time period set forth in the Schedule of Performance unless such time period is extended as a result of a Force Majeure Delay or as otherwise permitted under Sections 8.3 and 18.7 of the DDA. Developer shall maintain the Real Property and Project Improvements at the sole cost of Developer.

3.1.5 At the Close of Escrow, Developer shall enter into a Landscape Installation and Maintenance Agreement with the City of Tustin for the construction, maintenance, repair, and replacement of the Landscape Improvements within the Landscape Area identified in Exhibit D. Developer shall assure, through the provision of bonds, guarantees, cash collateral, or other instruments approved by the City, the lien-free completion of all landscaping and irrigation improvements as described therein and/or listed as Public Benefits Improvements on Exhibit C within the time period and upon the terms set forth in the Schedule of Performance, the DDA and the Landscape Installation and Maintenance Agreement.

Notwithstanding anything to the contrary in this Agreement, if any payment under this Section 3.1 is not made or any obligation requiring performance is not performed by Developer, the City shall have the right to withhold building permits for any building or structure within the Project if Developer fails to timely comply with its obligations with respect to the District or the Public Benefits set forth in this Agreement and the DDA.

Mutual Objectives. Development of the Project in accordance with this Development Agreement will provide for the orderly development of the Real Property in accordance with the objectives set forth in the General Plan. Moreover, a development agreement for the Project will eliminate uncertainty in planning for and securing orderly development of the Real Property, assure installation of necessary improvements, assure attainment of maximum efficient resource utilization within the City at the least economic cost to its citizens and otherwise 18 City of Tustin/Confluent Development
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achieve the goals and purposes established by California Government Code Section 65864.

Additionally, although development of the Project in accordance with this Agreement will constrain the City’s land use or other relevant police powers, this Agreement provides the City with sufficient reserved powers during the Term to remain responsible and accountable to its residents. In exchange for these and other benefits to the City, Developer will receive assurance that the Project may be developed during the Term in accordance with the Applicable Rules, Entitlement Approvals and Reservation of Authority, subject to the terms and conditions of this Agreement.

School District Assessments. Nothing in this Agreement shall modify or waive the obligation of Developer to pay when due all taxes and assessments imposed on the Real Property and Project Improvements pursuant to the authority of the County assessor, including any and all Santa Ana Unified School District Assessments, including any Level 1 fees imposed on Developer by the school district.

Applicability of the Agreement. This Agreement does not: (a) grant density or intensity in excess of that otherwise established in the Existing Entitlement Approvals; (b) eliminate future discretionary actions relating to the Project that are either required by the Applicable Rules or requested by Developer pursuant to Applications initiated and submitted by Developer after the Effective Date; (c) guarantee that Developer will receive any profits from the Project; (d) amend the DDA, the Specific Plan or the General Plan; (e) except as specifically set forth in Sections 3.6 and 3.10, protect Developer, the Project, the Project Improvements or the Property from the applicability of any Future Rules imposed pursuant to the City’s Reservation of Authority or adopted by the City and that are not at the time of adoption in Conflict with the thenapplicable Existing Land Use Regulations; or (f) protect Developer, the Project or the Property from the applicability of any increases in development fees or the City Processing Fees.

Agreement and Assurance on the Part of Developer. In consideration for the City entering into this Agreement, and as an inducement for the City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the premises, purposes and intentions set forth in this Agreement, Developer hereby agrees as follows:

3.5.1 Project Development. Developer agrees that it will use commercially reasonable efforts, in accordance with its own business judgment and taking into account market conditions and economic considerations, to undertake any development of the Project in accordance with the terms and conditions of the DDA, this Agreement and the Existing Entitlement Approvals.

3.5.2 Additional Obligations of Developer as Consideration for this Agreement. In addition to the obligations identified in Section 3.1, the development assurances provided by this Agreement and the resulting construction of the Project will result in the following:
(a) Construction and Completion of the Horizontal Improvements, the Vertical Improvements and the Public Benefits Improvements consistent with this Agreement, the Applicable Rules, the Entitlement Approvals, the Approved Plans and the DDA, including in accordance with the Schedule of Performance.
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(b) Compliance with the DDA, the Applicable Rules, State and federal law, all mitigation measures, including measures imposed pursuant to CEQA, all Development Permits and all conditions of approval associated with the foregoing. (c) Payment of all required development related fees as set forth in the DDA and this Agreement.

Agreement and Assurances on the Part of the City. In consideration for Developer entering into this Agreement, and as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purpose of this Agreement, the City hereby agrees as follows:

3.6.1 Applicable Regulations; Vested Right to Develop. Except as otherwise provided under the terms of this Agreement including the Reservation of Authority, during the Term of this Agreement, the rules, regulations, and official policies governing the Project, including the permitted uses of the Real Property, the density and intensity of use of the Real Property, the maximum height and size of proposed buildings, the design, improvement and construction standards and specifications applicable to the Project, including any changes authorized pursuant to Section 3.6.2, and the provisions for the reservation and dedication of land as needed for public purposes, the subdivision of land and requirements for infrastructure and public improvements, and other terms and conditions of the Project, shall be the Applicable Rules, together with the terms of the DDA and the provisions of this Agreement. To the maximum extent permitted by law (and notwithstanding any future action of the City or its citizens, whether by ordinance, resolution, initiative or otherwise), Developer has the vested right for the Term to develop the Project in accordance with the Applicable Rules and the provisions of the DDA and this Agreement.

3.6.2 Changes Authorized by the City. Nothing in this Agreement shall preclude the City from adopting changes in the Existing Land Use Regulations or any provisions of future General Plans, specific plans, development and design standards or guidelines, zoning codes ordinances or other rules, regulations, ordinances or policies of the City (whether adopted by means of ordinance, initiative, referenda, resolution, policy, order, moratorium, or other means, adopted by the City Council, Planning Commission, or any other board, commission, agency, committee, or department of the City, or any officer or employee thereof) following the Effective Date (collectively, “Future Rules”). Provided that such changes do not Conflict with the Existing Land Use Regulations or the Existing Entitlement Approvals, such Future Rules shall be applicable to the Project and shall be deemed Applicable Rules. Notwithstanding the foregoing, a Future Rule that Conflicts with the then- effective Applicable Rules shall nonetheless apply to the Real Property and be deemed an Applicable Rule if any one of the following apply: (i) it is consented to in writing by Developer; (ii) there is a Public Health Risk as determined by the City in its Governmental Capacity in accordance with Section 3.10.3; (iii) it is required by changes in State or federal law as set forth in Section 3.10.2; (iv) it consists of revisions to or adoption of new building regulations permitted by Section 3.10.4; (v) it is a procedural regulation relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure excluding those specifically set forth in the Specific Plan or this Agreement or (vi) it is otherwise expressly permitted by this Agreement. 20 City of Tustin/Confluent Development
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3.6.3 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, the City shall use commercially reasonable efforts to assist Developer in reserving such capacity for sewer and water services as may be necessary to serve the Project, at no cost or expense to the City.

Compliance with SLA Regulations; City Housing Incentive Agreement Requirements.

3.7.1 SLA Covenant. Consistent with the requirements of the SLA Regulations, the Parties have agreed that the City shall Record against the Real Property at the Close of Escrow the SLA Covenant requiring that fifteen percent (15%) of the total number of Residential Units developed on the Real Property shall be restricted as Lower Income Units and remain affordable to, and occupied by, lower income households for a period of fifty five (55) years for rental housing and 45 years for ownership housing, and subject to the further restrictions set forth therein, if any.

3.7.2 Affordable Housing Declaration. The Parties have also agreed that the City shall Record an Affordable Housing Declaration against the Real Property prior to Close of Escrow which shall comprise the housing incentive agreement required pursuant to City Code Section 9142 to ensure implementation of the Affordable Housing Requirements of the Specific Plan and the City’s density bonus ordinance and establishing further regulations and restrictions with respect to the density bonus requested by the Project. As further set forth therein, the AL/MC Real Property shall be released from the Affordable Housing Declaration concurrently with issuance and Recording by the City of the Final Certificate of Compliance, provided that if the Final Parcel Map is Recorded prior to the Recording of the first Certificate of Compliance, then the AL/MC Real Property shall be released from the Affordable Housing Declaration concurrently with issuance and Recording by the City of a Certificate of Compliance for the Active Adult Project.

3.7.3 Developer acknowledges that the requirements of the SLA Covenant and the Affordable Housing Declaration shall be restrictions running with the land and shall be binding upon Developer and each Successor In Interest of Developer and enforceable against Developer and each Successor In Interest of Developer who violates such restrictions and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code. The Parties acknowledge and agree that the SLA Covenant will be the same instrument as the SLA Covenant as defined and provided in the DDA and the Affordable Housing Declaration will be the same instrument as the Affordable Housing Declaration as defined and provided in the DDA.

Timing of Development. The timing of development will be as set forth in the DDA. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the vested right to develop the Project on the Real Property at the rate, timing, and sequencing that Developer deems appropriate within the exercise of Developer’s sole subjective business judgment, provided that such development adheres to the terms of the DDA, 21 City of Tustin/Confluent Development
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the SLA Covenant and the Affordable Housing Declaration regarding the development of the Project and is consistent with State and federal laws governing the Project, including the SLA Regulations.

Subsequent Entitlement Approvals; Changes and Amendments to Existing Entitlement Approvals.

3.9.1 Application for Subsequent Entitlement Approvals. The Parties acknowledge that refinement and further development of the Project may require Subsequent Entitlement Approvals and may demonstrate that changes are appropriate and desirable in the Existing Entitlement Approvals. Entitlement Approvals (except for this Agreement, the amendment process for which is set forth in Section 2.5) may be amended or modified from time to time, but only upon application by Developer or with the written consent of Developer. In the event Developer finds that a change in the Existing Entitlement Approvals is necessary or appropriate, Developer shall apply for Subsequent Entitlement Approval(s) to effectuate such change and the City shall process and act on such Application in accordance with the Applicable Rules, except as otherwise provided by this Agreement, including the Reservation of Authority.

All amendments to the Existing Entitlement Approvals and all Subsequent Entitlement Approvals approved by the City shall automatically become part of the Applicable Rules without the necessity for amending this Agreement and the same may be further modified from time to time as provided in this Section 3.9.1.

3.9.2 Effect of Agreement on Subsequent Entitlement Approvals. To the extent required, the City shall accept for processing and review and take action on all Applications as provided in Section 3.9 and 3.11.2. In connection with any Subsequent Entitlement Approval, the City shall exercise discretion in the same manner as it exercises its discretion under its police powers, including the Reservation of Authority; provided however, that such discretion shall not prevent development of the Project as set forth in this Agreement.

Reservation of Authority. Notwithstanding any other provision of this Agreement to the contrary, the Future Rules described in this Section 3.10 shall apply to and govern development of the Real Property and Project to the extent set forth herein.

3.10.1 Consistent Future City Regulations; Consent By Developer. Future Rules that are not, at the time of adoption, in Conflict with the then-effective Applicable Rules shall apply to and govern development of the Real Property. In addition, Future Rules that Conflict with such Applicable Rules and are not otherwise made applicable pursuant to this Agreement, but are consented to by Developer shall become Applicable Rules and apply and govern development of the Real Property.

3.10.2 Overriding State and Federal Laws. The City shall not be precluded from applying Future Rules to the Real Property and the development of the Project to the extent that such Future Rules are required to be applied by State or federal laws or regulations even if such Future Rules Conflict with the then-effective Applicable Rules, provided however, that (a) Developer does not waive its right to challenge or contest the validity of such State or federal rules or regulations; and (b) such Future Rules, if they Conflict with the then effective Applicable Rules, shall only be applied to the Project and development of the Project to the extent necessary to 22 City of Tustin/Confluent Development
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comply with such new State or federal law or regulation. To the extent that any federal or State actions (or actions of regional and local agencies, including the City, required by federal or State law or regulation) have the effect of preventing, delaying or modifying development of the Real Property, the City shall not in any manner be liable for any such prevention, delay or modification of said development. Developer is required, at its cost and without cost to or obligation on the part of the City, to participate in such regional or local programs and to be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or State agencies (or such actions of regional and local agencies, including the City, required by federal or State agencies). In the event State or federal laws or regulations enacted after this Agreement is entered into Conflict with the provisions in this Agreement and/or require changes in Project Approvals, each Party shall provide the other Party with a copy of such law or regulation and written notice concerning the conflict with this Agreement or the required change in Project Approvals. The Parties shall, within thirty (30) days of the first such notice, meet and confer in good faith in a reasonable attempt to modify this Agreement and/or the Project Approvals to comply with such law or regulation in the manner that is least disruptive to the vested rights and Applicable Rules in effect prior to such new law and the purpose and intent of this Agreement.

3.10.3 Public Health and Safety. Nothing in this Agreement shall preclude the City from adopting and applying Future Rules that are in Conflict with the terms of this Agreement if it is determined by the City in its Governmental Capacity and evidenced through findings adopted by the City Council that the change or provision is required in order to prevent or mitigate a condition dangerous to the public health or safety if such condition presents an immediate or potential material threat to the public health or safety (a “Public Health Risk”), provided, however, that: (a) any such Future Rule is tailored narrowly to address the Public Health Risk and protect health and safety; and (b) that before imposing any Future Rule on the Real Property or the Project based on a Public Health Risk, the City must first provide Developer with written notice of the Public Health Risk upon which the imposition of such Future Rule is based, and if the Public Health Risk is a matter that is capable of cure by Developer, Developer responds in writing within fifteen (15) days confirming that Developer will correct such Public Health Risk and describing the means of such correction, and City concurs in writing, as determined in its Governmental Discretion that such correction will resolve the Public Health Risk and thereafter Developer promptly and diligently pursues such correction to completion, such Future Rule shall no longer be applicable to the Real Property or the Project and City shall take no further action based thereon unless Developer fails to complete such correction in a prompt and diligent manner or the means of correction taken by Developer fails to cure the Public Health Risk. Developer retains the right to administratively dispute the existence of any Public Health Risk or any Future Rule based thereon, but waives the right to challenge the same by way of any legal proceedings. The provisions of this Section 3.10.3 do not apply to any measure adopted by initiative or referendum.

3.10.4 Uniform Construction Codes and Regulations. Policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the City and any local amendments to those codes adopted by the City in the future shall apply to the Project and Real Property.

3.10.5 Police Power. Except as set forth in this Agreement, the City shall retain full rights to exercise its police powers to regulate development of the Project and Real Property.

Any uses or development requiring specific plan amendment, design review, subdivision map, 23 City of Tustin/Confluent Development
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conditional use permit, a variance or other Application shall be considered by the City in accordance with the Applicable Rules and shall require permits and/or approval from the City as required by the Applicable Rules, and notwithstanding any other provision set forth herein, this Agreement is not intended to vest Developer’s right to issuance of such permit or approval. In addition, procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure excluding those specifically set forth in the Specific Plan or this Agreement shall apply to the Project and the Real Property.

Processing.

3.11.1 Subdivisions. Any additional subdivision, as defined in California Government Code Section 66473.7 required for the Project other than the Tentative Parcel Map approved with the Entitlement Approvals, shall not be approved unless a tentative map for the subdivision complies with the provisions of said Section 66473.7. This provision is included in this Agreement to comply with California Government Code Section 65867.5.

3.11.2 Subsequent Entitlement Approvals. The City shall, in accordance with and to the full extent allowed by Existing Land Use Regulations and this Agreement, promptly and diligently, commence and complete all steps necessary to act on Developer’s Subsequent Entitlement Approval applications (“Applications”), including: (i) accepting, making completeness determinations, and processing of each Application; (ii) if legally required, providing notice and holding public hearings on an Application; and (iii) acting on each Application. City shall not use its authority in considering, approving or conditioning any Application to revisit or change the fundamental policy decisions reflected by the Entitlement Approvals or otherwise to prevent or delay development of the Project as set forth in the Entitlement Approvals. Notwithstanding the foregoing, this Section 3.11.2 shall not prohibit the City from exercising its police powers to regulate development of the Project and Real Property and if the Application proposes new uses or substantial modifications to the Project, the Applications shall be processed by the City as requests for new entitlement approvals. At such time as any Subsequent Entitlement Approval applicable to the Real Property is approved by the City, then such Subsequent Entitlement Approval shall become subject to all of the terms and conditions of the Development Agreement and shall be treated as part of the “Entitlement Approvals” under this Agreement.

3.11.3 Filings. Developer shall exercise reasonable efforts to file applications for Development Permits and Entitlement Approvals within the time frames and schedules as generally outlined in the DDA and shall exercise reasonable efforts to attempt to obtain Development Permits and Entitlement Approvals within the time frames identified in the DDA; provided, however, that failure solely to comply with such time frame(s) shall not be deemed to be a default under this Agreement.

3.11.4 Cooperation. The City and Developer shall cooperate in processing all applications for permits and approvals for the Project, provided, however, that such cooperation shall not include any obligation of the City to incur any un-reimbursed expense, and the City shall be entitled, subject to the terms of this Agreement, the DDA and Developer’s rights hereunder, to exercise all discretion to which it is entitled by law in processing and issuing any permits and 24 City of Tustin/Confluent Development
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approvals for the Project.

3.11.5 Approvals. Notwithstanding any administrative or judicial proceedings, initiative or referendum concerning any of the Entitlement Approvals, the City shall process applications for permits and approvals as provided herein to the fullest extent allowed by law and Developer may proceed at its sole risk with development of the Project pursuant to the DDA and the Applicable Rules to the fullest extent allowed by law.

CEQA. This Agreement does not modify, alter or change the City’s obligations pursuant to CEQA. Developer acknowledges that the City is required by State law to comply with CEQA in the consideration and approval of any Subsequent Entitlement Approval and/or any amendment to this Agreement. Nothing in this Agreement shall require or be construed to require CEQA review of ministerial approvals. It is agreed that, in acting on any discretionary Subsequent Entitlement Approval(s) for the Project, the City shall rely on the CEQA approvals approved concurrently with the Existing Entitlement Approvals to satisfy the requirements of CEQA to the extent permissible by CEQA. In the event that any additional CEQA documentation is legally required for any discretionary Subsequent Entitlement Approval for the Project, then the scope of such documentation shall be focused, to the extent possible consistent with CEQA, on the specific subject matter of the Subsequent Entitlement Approval and the City shall conduct such CEQA review as expeditiously as possible, at Developer’s expense. Nothing herein shall restrict or limit the obligation of Developer to pay for and implement any additional mitigation measures or conditions of approval imposed as a result of such CEQA and any Subsequent Entitlement Approval process.

3.12.1 Processing Fees and Charges.
(a) The City shall have the right to charge and Developer shall be required to pay all City Processing Fees for the Project and the City has and shall retain discretion to prospectively impose and revise City Processing Fees as the city deems appropriate, in accordance with applicable law and without other restriction. Except as otherwise specifically set forth in Section 3.12.1(b), such City Processing Fees shall be paid in accordance with the procedures and at the generally applicable rates in effect at the time such City Processing Fees are due.
(b) With respect to Plan Check and Inspection Services only, the City shall be entitled to charge and Developer shall reimburse the City for its costs to make available City staff, including the City Attorney, and third-party inspectors, engineers and consultants, if any, as required to complete, process, and review plans and applications, complete plan check, perform inspections, and monitor Developer compliance with the requirements of this Agreement and the Applicable Rules. Following approval by the City of this Agreement Developer shall deliver to the City in cash or cash equivalent funds, a deposit in an amount reasonably requested by the City which shall be based on the City’s estimate of staff and third-party consultant time required to complete and perform plan check and inspections (“Processing Fee Deposit”). The Processing Fee Deposit shall be paid to the City concurrently with the first submittal of plans by Developer for which Plan Check and Inspection Services will be required. Developer acknowledges that the City will not commence processing of plans until Developer has paid the Processing Fee Deposit. The Processing Fee Deposit shall be deposited by the City in an account 25 City of Tustin/Confluent Development
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in a bank or trust company selected by the City and with no requirement that such account be interest bearing. If any interest is paid on such account, such interest shall accrue to any balances in the account for the benefit of the City. If at any time prior to the latest to occur of (i) issuance of the Final Certificate of Compliance; (ii) the issuance of the final certificate of occupancy for a building on the Real Property; or (iii) termination of the DDA (“Final Date”) as to the Real Property, the amount of funds in the Processing Fee Deposit account is depleted below Ten Thousand Dollars ($10,000), then Developer shall be required to pay to the City each time an additional Twenty Thousand Dollars ($20,000) or such other amount as the City may specify as required in the City’s estimation to cover the cost of Plan Check and Inspection Fees, which shall be credited to the Processing Fee Deposit. Each such payment shall be deposited by the City into the Processing Fee Deposit account and shall be applied to reduce the amount of Plan Check and Inspection Fees incurred by the City. The Processing Fee Deposit has been established to fund the Plan Check and Inspection Fees incurred by the City and may be used by the City for such purpose, and shall be depleted accordingly. Immediately upon incurring any Plan Check and Inspection Fees or costs or receipt of an invoice from third parties for same, the City shall have the right to deduct the amounts due it on account thereof from the Processing Fee Deposit. A monthly accounting of deductions documenting staff time spent to process and review plans and applications, complete plan check, perform inspections, and monitor Developer compliance, along with documentation evidencing any other deductions from the Processing Fee Deposit shall be provided by the City to Developer. The Processing Fee Deposit shall be retained by the City until the Final Date specified above and the remaining amount of the Processing Fee Deposit then held by the City, if any, shall be returned promptly by the City to Developer, provided that the return of such funds shall not terminate the obligations of Developer to pay all City Processing Fees arising or incurred prior to the Final Date. Developer shall pay any outstanding amounts due with respect to the City Processing Fees to the City within thirty (30) calendar days following receipt of an invoice from the City therefor, provided that the City shall first apply the amount of the Processing Fee Deposit, if any, then held by it in satisfaction of such invoice, and shall reflect the amount of such credit on the invoice.

3.12.2 Development Fees. The City shall have the right to impose, and Developer shall pay, all development fees adopted by the City at the time of issuance of building permits for the Project. The City retains discretion to prospectively revise such fees as the City deems appropriate, in accordance with applicable law, and to adopt new development fees from time to time, in its sole discretion.

3.12.3 Project Fair Share Contribution. Notwithstanding Section 3.12.2, the “Project Fair Share Contribution” (relating to the Tustin Legacy Backbone Infrastructure Program) to be contributed by Developer with respect to the Project shall be Three Million Twenty Eight Thousand Seven Hundred Seventy Seven Dollars and Sixty Nine Cents ($3,028,777.69) which is equal to Four Hundred Ninety Three Thousand Four Hundred Forty Seven Dollars ($493,447.00) per acre of land conveyed to Developer by the City and constitutes the full, complete and final satisfaction of the Project Fair Share contribution under the Tustin Legacy Backbone Infrastructure Program with respect to the Property and the Project and no further payment shall be owed or payable thereunder with respect thereto. Such amount shall be paid at the Close of Escrow under the DDA and shall be in addition to the Purchase Price for the Property pursuant to the DDA.

Fees Other Than Processing Fees. As of the Effective Date, the City’s 26 City of Tustin/Confluent Development
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administrative, processing, building, planning and new construction and other fees are set forth on the FY 25-26 Comprehensive Fee Schedule (approved by City Council Resolution No. 25-50, effective as of September 1, 2025). The term “development fees” as used in Section 3.12.2 does not include City Processing Fees or pass-through fees from other agencies. The term “Existing Impact Fees” as used in this Agreement is a subset of the fees listed on the City’s FY 24-25 Comprehensive Fee Schedule comprising the “new construction fees” only and for purposes of this Agreement are deemed development impact fees. As of the Effective Date, there are no other development impact fees assessed by the City and the City has determined that the Project Fair Share Contribution, which is payable under this Agreement, is not a development impact fee. All other fees and charges described on the City’s FY 25-26 Comprehensive Schedule shall be deemed Processing Fees, which shall be governed by Section 3.12.1, or pass-through fees from other agencies, including transportation fees and school fees and that are administered by the City, that may be increased from time to time without restriction under this Agreement and that Developer shall pay as and when due.

Dedications and Easements. Developer acknowledges and agrees that it is required (and will be required) to make certain dedications and to grant certain easements to the City and other public agencies as set forth in the Access Easement Agreement attached to this Agreement as Exhibit F (as the same may be modified pursuant to the provisions thereof), the Bioswale Easement Agreement attached to this Agreement as Exhibit G and the Landscape Installation and Maintenance Agreement attached to the DDA, each Recorded against the Real Property at Close of Escrow, and such other dedications and easements as more fully set forth on the Final Parcel Map, if Developer elects to Record the same.

Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of the City, including IRWD and the Santa Ana Unified School District, possess authority to regulate aspects of the Project and development of the Real Property separately from or jointly with the City and this Agreement does not limit the authority of such other public agencies. The City agrees to cooperate fully, at no out-of-pocket cost to it, with Developer in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the City.

Tentative Parcel Map Extension. Any subdivision map, heretofore or hereafter approved in connection with development of the Real Property, shall be eligible for extensions of time as provided in California Government Code Section 66452.6, except that any extension shall be consistent with any performance schedule provided or established in the DDA and shall not be deemed or considered in any way an extension of any Developer rights or obligations under the DDA.

Intentionally Omitted.

No Quimby Act Fees or Park Fees. Except as set forth in this Agreement, or required by the Entitlement Approvals, all fees and/or dedications required in connection with the Project as park fees or pursuant to the Quimby Act, California Government Code Section 66477 (to the extent applicable to the Project), are included within the Project Fair Share Contribution and Developer shall not have any additional liability on account thereof. 27 City of Tustin/Confluent Development
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Compliance with Legal Requirements. Prior to the issuance of a certificate of occupancy for each building, Developer shall satisfy all applicable requirements of the Tustin City Code, Specific Plan, and conditions of approval of the Entitlement Approvals relating thereto, including compliance with the Americans with Disabilities Act and necessary Project Improvements to support such building.

4. ANNUAL REVIEW
Timing and Annual Review. The City Council shall review Developer’s performance under this Agreement at least every twelve (12) months from the Effective Date until expiration of the Agreement. In connection with such review, both the City and Developer shall have a reasonable opportunity to assert matters which either believes have not been undertaken in accordance with this Agreement, to explain the basis for such assertion, and to receive from the other Party a justification of its position on such matters.

Review Procedure. The City shall provide notice to Developer and deliver to Developer a copy of all public staff reports, documents and related exhibits concerning the City’s review of Developer’s performance hereunder at least thirty (30) calendar days prior to any date proposed for City Council review of performance under the Agreement.

Good Faith Compliance. Developer or its Successor in Interest shall demonstrate good faith compliance with the terms of this Agreement and shall furnish evidence of good faith compliance, as the City, in its reasonable exercise of its discretion, may require. Evidence of good faith compliance may include the following:
(a) conformance with the DDA including the Scope of Development and Schedule of Performance;
(b) conformance with the requirements of the Specific Plan; (c) conformance with provisions of this Agreement identified by the City; and (d) payment of all sums due and payable to the City pursuant to the DDA and this Agreement.

4.3.2 Response. Developer shall have the opportunity to be heard and respond to the City’s evaluation of Developer’s performance, either orally or in a written statement, at Developer’s election.

4.3.3 Non-Compliance. If, as a result of its periodic review as described in Section 4, the City Council finds and determines, on the basis of substantial evidence, that Developer has not complied in good faith with the terms or conditions of this Agreement, the City Council may commence proceedings to enforce, modify, or terminate this Agreement.

4.3.4 Referral. The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation. 28 City of Tustin/Confluent Development
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Modification or Termination. If the City Council determines to proceed with modification or termination of this Agreement, the City Council shall give notice to Developer of its intention to do so. The notice shall contain all information required by Tustin City Code Section 9618. At the time and place set for the hearing on modification or termination, the City Council may refer the matter back to the Planning Commission for further proceedings or for a report and recommendation. The City Council may take such action as it deems necessary to protect the interests of the City, including the receipt of additional evidence as to Developer’s compliance with the terms of this Agreement. The decision of the City Council shall be final, subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b).

Annual Review Certificate Upon Agreement Compliance. If, at the conclusion of a periodic review, Developer is found to comply with this Agreement, the City shall, upon request of Developer, issue a certificate (“Annual Review Certificate”) to Developer stating that after the most recent periodic review and based upon the information known or made known to the City Council that: (a) this Agreement remains in effect, and (b) Developer is not in default. The Annual Review Certificate shall be in Recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, and shall state the anticipated date of commencement of the next periodic review. Developer may Record the Annual Review Certificate with the County Recorder. If the City does not find Developer in compliance with this Agreement, it shall not be obligated to issue the Annual Review Certificate.

5. DEFAULT, REMEDIES, AND TERMINATION
Default Procedure. A non-defaulting Party (the “Non-Defaulting Party”) at its discretion may elect to declare a default under this Agreement in accordance with the procedures hereinafter set forth for any failure or breach of any other Party (“Defaulting Party”) to perform any material duty or obligation of said Defaulting Party in accordance with the terms of this Agreement. However, the Non-Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party to cure such breach or failure. The Defaulting Party shall be deemed to be in “default” of its obligations set forth in this Agreement if the Defaulting Party has failed to cure the default within ten (10) calendar days after the date of such notice (for monetary defaults) or within thirty (30) calendar days after the date of such notice (for non-monetary defaults). If, however, a non-monetary default cannot be cured within such thirty (30) day period, as long as the Defaulting Party does each of the following:
(a) provides the Non-Defaulting Party with a written, reasonable explanation as to the reasons the asserted default is not curable within the thirty (30) day period; (b) notifies the Non-Defaulting Party in writing of the Defaulting Party’s proposed course of action to cure the default;
(c) promptly commences to cure the default within the thirty (30) day period; (d) makes periodic written reports to the Non-Defaulting Party as to the progress of the program of cure; and
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(e) diligently prosecutes such cure to completion,
then the Non-Defaulting Party shall grant in writing the Defaulting Party such additional time as determined by the Non-Defaulting Party as reasonably necessary to cure such default.

City Remedies. In the event of a default by Developer under this Agreement that is not cured within the time period specified in Section 5.1, the City, at its option, may institute legal action to cure, correct or remedy such default, enjoining any threatened or attempted violation, enforce the terms of this Agreement by specific performance, or pursue any other legal or equitable remedy. Furthermore, the City, in addition to or as an alternative to exercising the remedies in this Section 5.2, in the event of such default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to Section 4.3, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in Tustin City Code Section 9618. The decision of the City Council shall be final, subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b). Notwithstanding the foregoing, if the City repurchases or revests any portion of the Property as a result of its exercise of the Right of Purchase or Right of Reversion under the DDA, the City shall have the right, in its sole discretion, to merge its interests under this Agreement, to terminate this Agreement as to the Property so repurchased or revested, to modify the provisions of this Agreement related to the Repurchased Property or the Reacquired Property, as applicable, or to take other actions affecting this Agreement or the rights of the City in and to such Repurchased Property or Reacquired Property, as applicable, without the approval of any other person or entity.

Developer’s Remedies. In the event of a default of the City under this Agreement that is not cured within the time period specified in Section 5.1, Developer shall be entitled to any or all of the following remedies: (a) seeking mandamus or special writs, injunctive relief, or specific performance of this Agreement; (b) modification or termination of this Agreement; or (c) seeking any other remedy available at law or in equity, provided, however, except as provided in Section 9.10, Developer agrees and covenants on behalf of itself and its Successors In Interest, not to seek in connection with any Claim against the City damages or monetary compensation for breach of this Agreement or arising out of or connected with any dispute, controversy or issue regarding the application or effect of this Agreement, the DDA, the Applicable Rules, or any Development Permits or Entitlement Approvals sought in connection with development or use of the Real Property or Project, or any portion thereof, including for general, special, compensatory, expectation, anticipation, indirect, consequential, exemplary, or punitive damages (“Damages”).

Developer acknowledges that the City would not have entered into this Agreement if the City could be held liable for Damages for any default or breach arising out of this Agreement and that Developer has adequate remedies other than Damages to secure the City’s compliance with its obligations under this Agreement. Therefore, Developer agrees that the City, its officers, employees and agents shall not be liable for any Damages and that this Section shall apply to all Successors in Interest of Developer.

Third Party Legal Challenges. In the event of any legal action instituted by a third party challenging the validity or enforceability of any provision of this Agreement, the DDA, or Entitlement Approvals for the Project or the approval of any CEQA document prepared in connection with the foregoing, Developer agrees, at its sole cost and expense, to defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City, its officers, 30 City of Tustin/Confluent Development
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employees, agents, and consultants, from any claim, action, or proceeding against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning the Project. The City agrees to promptly notify Developer of any such claim or action filed against the City and to cooperate in the defense of any such action. Developer shall also indemnify and hold harmless the City and its agents, officials and employees from and against all claims, losses, or liabilities assessed or awarded against the City by way of judgment, settlement, or stipulation. The City may elect to participate in the defense of any such action under this condition and may, in its sole discretion, elect to be separately represented by the City Attorney and/or outside legal counsel of its choice in any such action or proceeding with the costs of such representation to be paid by Developer. In the event City recovers any attorneys’ fees, expert witness fees, costs, interest, or other amounts from the third party or third parties challenging this Agreement, the DDA, or Entitlement Approvals for the Project, Developer shall be entitled to retain the same in an amount not to exceed payments made pursuant to Developer’s indemnification obligation (provided Developer has fully performed its indemnity obligations hereunder).

6. INDEMNITY BY DEVELOPER
Developer agrees to indemnify, defend, and hold harmless the City, the City’s designees, and their respective elected and appointed officials, boards, commissions, agents, contractors, and employees from and against any and all claims, actions, causes of action, demands, orders, or other means of seeking or recovering losses, damages, liabilities, costs, expenses (including attorneys’ fees, fees of expert witnesses, consultants’ fees and court and litigation costs), costs and expenses attributable to compliance with judicial and regulatory orders and requirements, fines, penalties, liens, taxes, monetary payment or reimbursements or any other type of compensation of any kind whatsoever, direct or indirect, known or unknown, foreseen or unforeseen (“Claims”) which may arise, directly or indirectly, from the acts, omissions, or operations of Developer or Developer’s agents, contractors, subcontractors, agents, or employees pursuant to this Agreement, but excluding any loss resulting from the gross negligence, willful misconduct or fraud of the City, the City’s designee, or each of their respective elected and appointed officials, boards, commissions, officers, agents, contractors, and employees. Developer shall select and retain counsel reasonably acceptable to the City to defend any action or actions and Developer shall pay the cost thereof. The indemnity provisions set forth in this Agreement shall survive termination of the Agreement. In the event City recovers any attorneys’ fees, expert witness fees, costs, interest, or other amounts from the third party or third parties asserting a Claim, Developer shall be entitled to retain the same in an amount not to exceed payments made pursuant to Developer’s indemnification obligation (provided Developer has fully performed its indemnity obligations hereunder).

7. MORTGAGEE PROTECTION
The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, from encumbering the Real Property or any portion thereof or any improvement thereon by any Mortgage securing financing with respect to the Real Property; provided that nothing herein shall modify or amend the restrictions set forth in the DDA with respect to Mortgages. Any Mortgagee holding a Mortgage that is not prohibited by the DDA associated with the Real Property 31 City of Tustin/Confluent Development
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it encumbers shall be entitled to the following rights and privileges and the provisions below:
(a) This Agreement shall be superior and senior to any lien placed upon the Real Property or any portion thereof after the date of Recording of this Agreement, including the lien of any Mortgage. Notwithstanding the foregoing, neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage on the Real Property made in good faith and for value, unless otherwise required by law, and any acquisition or acceptance of title or any right or interest in or with respect to the Real Property or any portion thereof by a Mortgagee (whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination or otherwise) shall be subject to the terms and conditions of this Agreement and any such Mortgagee who takes title to the Real Property or any portion thereof shall be entitled to benefits arising under this Agreement. (b) Each Mortgagee of any Mortgage encumbering the Real Property, or any part thereof, shall upon written request in writing to the City, be entitled to receive written notice from the City of results of the Annual Review and of any default by Developer in the performance of Developer’s obligations under this Agreement concurrently with delivery of same to Developer and shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such Party under this Agreement (including any extended cure period necessary in order to allow the Mortgagee to obtain title to the Real Property and cure the default). Notwithstanding the foregoing, the failure of the City to deliver a concurrent copy of such notice of default to a Mortgagee shall not affect in any way the validity of the notice of default as it relates to Developer, and provided, further, the giving of any notice of default or the failure to deliver a copy to any Permitted Mortgagee shall in no event create any liability on the part of the Person so declaring a default
(c) Any Mortgagee who comes into possession of the Real Property, or any part thereof, pursuant to foreclosure of the Mortgage or deed in lieu of such foreclosure, shall take the Real Property, or part thereof, subject to the terms of this Agreement, the DDA and the Other Agreements. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer’s obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that (i) the Mortgagee shall have no right to develop the Real Property without fully complying with the terms of this Agreement, the DDA, the Other Agreements, and the Applicable Rules and (ii) to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City’s performance hereunder.

Notwithstanding anything to the contrary contained above in this Section, any Mortgagee shall be subject to all of the terms of the DDA applicable to the Real Property encumbered and/or acquired by it.
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8. INTENTIONALLY OMITTED

9. MISCELLANEOUS PROVISIONS
Recording of this Agreement. This Agreement and any amendment or cancellation thereof shall be Recorded by the City Clerk within ten (10) calendar days after the City executes this Agreement, as required by California Government Code Section 65868.5. If the Parties to this Agreement amend or cancel this Agreement as provided for herein and in California Government Code Section 65868, or if the City terminates or modifies this Agreement as provided for herein and in California Government Code Section 65865.1 for failure of Developer to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action Recorded.

Entire Agreement. This Agreement, the DDA and the Other Agreements set forth and contain the entire understanding and agreement of the Parties with respect to the matters set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein or therein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the internal laws of the State of California without reference to choice of law or conflicts of law provisions. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. The decision of the City Council shall be final, subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b).

Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

Construction.

9.6.1 References to Sections, Clauses and Exhibits. Unless otherwise indicated, references in this Agreement to sections, clauses and exhibits are to the same contained in or attached to this Agreement and all exhibits referenced in this Agreement are incorporated in this Agreement by this reference as though fully set forth in this Section.

9.6.2 Singular and Plural. As used herein, the singular of any word includes 33 City of Tustin/Confluent Development
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the plural and vice versa.

9.6.3 Includes and Including. As used in this Agreement the words “include” and “including” mean, respectively, “include, without limitation” and “including, without limitation”.

Time of Essence. Subject to the following sentence, time is of the essence in the performance of each provision of this Agreement. Whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-Business Day, then such period or date shall be extended until the immediately following Business Day.

Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City and its successors and assigns and Developer and its Successors In Interest. No other person shall have any right of action based upon any provision of this Agreement.

Attorneys’ Fees. Wherever Developer has an obligation to defend the City under this Agreement, Developer shall, prior to selection of counsel, consult in good faith with the City to ensure that the City is satisfied, in its sole discretion that the proposed legal counsel has the professional expertise and experience to demonstrate they are well-qualified to defend the City against the Claim(s) and has not taken a position adverse to the City in the past. If any Party to this Agreement institutes any Action, suit, proceeding, counterclaim or other proceeding for any relief against another Party, declaratory or otherwise (collectively an “Action”), to enforce the terms hereof or to declare rights under this Agreement or with respect to any inaccuracies or material omissions in connection with any of the covenants, representations, warranties or obligations on the part of the other Party to this Agreement, then the Prevailing Party in such Action shall be entitled to have and recover of and from the other Party all costs and expenses of the Action, including (a) the Prevailing Party's reasonable attorneys' fees (which shall be payable at the contractual hourly rate for the City’s litigation counsel at the time the fees were incurred, but in no event more than Four Hundred Dollars ($400.00) per hour with this rate being used to calculate the attorneys’ fees to be recovered by the Prevailing Party regardless of whether the City or another Person is the Prevailing Party, and (b) costs actually incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling or award (collectively, a “Decision”) granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid whether or not such Action is prosecuted to a Decision. Any Decision entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit, including reasonable attorneys’ fees and expert fees and costs (collectively “Costs”) incurred in enforcing, perfecting and executing such judgment. For the purposes of this paragraph, Costs shall include in addition to Costs incurred in prosecution or defense of the underlying Action, reasonable attorneys’ fees, costs, expenses and expert fees and costs incurred in the following: (i) post judgment motions and collection actions; (ii) contempt proceedings; (iii) 34 City of Tustin/Confluent Development
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garnishment, levy, debtor and third party examinations; (iv) discovery; (v) Bankruptcy Proceedings and similar proceedings not involving Developer, and (vi) appeals of any order or judgment. “Prevailing Party” within the meaning of this Section 9.10 includes a Party who agrees to dismiss an Action in consideration for the other Party’s payment of the amounts allegedly due or performance of the covenants allegedly breached, or obtains from a court of competent jurisdiction substantially the relief sought by such Party.

Force Majeure Delay. During the Term of this Agreement, any determination of Force Majeure Delay as to the Active Adult Project or the AL/MC Project under the DDA shall be an event of Force Majeure Delay under this Agreement as to the applicable Active Adult Project or AL/MC Project only. Time periods for performance of any obligations under this Agreement may be extended for Force Majeure Delay, provided that the maximum extension for Force Majeure Delay as to the Active Adult Project or the AL/MC Project as a result of Force Majeure Delay shall be as set forth in the DDA and as to each such portion of the Project shall not cumulatively exceed twelve (12) months and provided further that in no event shall the Term be extended by an event of Force Majeure Delay beyond that set forth in Section 2.3.

Successors. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, the City and its successors and assigns and Developer and its Successors in Interest. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Real Property: (a) is for the benefit of and is a burden upon every portion of the Real Property; (b) runs with the Real Property and each portion thereof; and (c) is binding upon the City and its successors and assigns and upon Developer and each Successor in Interest during ownership of the Real Property or any portion thereof and for such longer period as such Person may have liability hereunder. Notwithstanding the foregoing, upon acquisition of the Real Property or any portion thereof by the City pursuant to exercise of the Right of Purchase or Right of Reversion or action in lieu thereof pursuant to the DDA, the City shall have the right in its sole discretion to terminate this Agreement as to the portion of the Real Property so acquired and the Agreement shall remain binding, in accordance with its terms, upon the remainder of the Real Property. In the event that the City repurchases or revests all or any portion of the Real Property pursuant to exercise of the Right of Purchase or Right of Reversion, such acquisition shall include all Entitlement Approvals and other development rights, consents, authorizations, variances, waivers, licenses, permits, certificates and approvals from any governmental or quasi-governmental authority, and all other appurtenant rights applicable thereto, including those buildings and/or Residential Units or Rooms, as applicable, allocated to the respective Repurchased Property or the Reacquired Property, as applicable, as shown in the Approved Plan.

Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.

Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of 35 City of Tustin/Confluent Development
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California, Santa Ana Division, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Developer with respect to this Agreement is that of a government entity regulating the development of private property and the developer of such property.

Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or Record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

Estoppel Certificate. Any Party hereunder, may at any time but not more than four times in a calendar year, deliver a written notice to the other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party: (a) this Agreement is in full force and effect and a binding obligation of the Party; (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the date and nature of the amendments to this Agreement, and, in each case, that the Agreement remains in full force and effect (including as amended or modified if applicable), and a continuing binding obligation of the Party; and (c) the requesting Party is not in default in performance of its obligations set forth in the Agreement, or if the Party is in default, provide a description of the nature of such default(s). A Party receiving a request hereunder shall execute and return such certificate within thirty (30) calendar days following receipt thereof. The party to whom such certificate is addressed, including any third party or Mortgagee, shall be entitled to rely on the certificate. Developer shall pay to the City all costs incurred by the City in connection with the issuance of estoppel certificates.

Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of such Party and warrants and represents that he or she/they has/have the authority to bind such Party to the performance of its obligations hereunder.

Non-Liability of City Officials and City Employees. No elected or appointed official, representative, employee, agent, consultant, legal counsel or employee of the City shall be personally liable to Developer for any amount which may become due to Developer under the terms of this Agreement.

No Merger. As of the Effective Date, the Real Property is owned in fee by the City, and portions of the Real Property may continue to be owned in fee by the City during the Term or 36 City of Tustin/Confluent Development
Development Agreement
may be conveyed by the City to one or more Developers and subsequently reconveyed to the City during the Term. Except as expressly set forth below, there shall be no merger of any rights, interests or estates created by this Agreement as a result of the ownership by the City of all or any portion of the Real Property and no merger shall occur with respect to any portion of the Real Property unless and until the City and all persons and entities at the time having a legal and/or equitable ownership interest in such portion of the Real Property shall join in a written instrument affecting such merger and shall duly Record the same.

No Discrimination. There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land.

S-1 City of Tustin/Confluent Development
Development Agreement

SIGNATURE PAGES

TO DEVELOPMENT AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year set forth below.

Dated:

THE CITY OF TUSTIN:

By:

Austin Lumbard, Mayor
ATTEST:

By:

Erica N. Yasuda
City Clerk

APPROVED AS TO FORM
By:

David Kendig
City Attorney
Hepner & Myers LLP
Special Real Estate Counsel to the City
By: ______________________
Amy E. Freilich
{signatures continued on following page}

S-3 City of Tustin/Confluent Development
Development Agreement

CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________________________________
On _________________ before me, ________________________________________________, Date (Insert Name and Title of the Officer)
personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal and/or Stamp above Signature: ______________________________________ Signature of Notary Public
EXHIBIT A City of Tustin/Confluent Development
Development Agreement

EXHIBIT A

TO DEVELOPMENT AGREEMENT

LEGAL DESCRIPTION OF PROPERTY
The Land referred to herein below is situated in the City of Tustin, County of Orange, State of California, and is described as follows:

LOT 14, INCLUSIVE OF TRACT NO. 18197 AS SHOWN ON A MAP FILED IN BOOK 990, PAGES 25 THROUGH 33, INCLUSIVE OF TRACT MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

For conveyancing purposes only: APN 430-481-12
EXHIBIT B City of Tustin/Confluent Development
Development Agreement

EXHIBIT B

TO DEVELOPMENT AGREEMENT

MAP SHOWING PROPERTY AND ITS LOCATION

PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE
& RIGHT OF WAY
JOHN JOHNSON WAY WARNER AVENUE ℄ ARMSTRONG AVENUE ℄ ℄ ℄ VETERANS WAY DESIGNED BY: DRAWN BY: PROJECT NO. DATE: REVIEWED BY: CK BY DATE NO. REVISION FIRST SUBMITTAL DATE: SHEET NO. Save Date: Plot Date: 7/8/2026 3:00 PM 7/8/2026 3:20 PM By: Juta P:\C\CONFCDMS0012\0400CAD\EXHIBITS\2026-07-07 Tustin Development Agreement Exhibits For Confluent\Reference\EXHIBIT B-CONFCDMS0012 - Copy.dwg Justin Tat By: File:

CHECKED BY: ® 17542 E. 17th Street Suite 150 Tustin, CA 92780 714.665.4500 SCALE
( FEET )
1 INCH = 100 FT.
100 100 200 50 0
SITE . 5
55 DYER RD BARRANCA PKWY RED HILL AVE

EDINGER AVE EDINGER AVE TUSTIN RANCH RD VON KARMA AVE WARNER AVE ARMSTRONG AVE VETERANS WAY 261 405 WARNER AVE SAN DIEGO FRWY JAMBOREE RD COSTA MESA FRWY SANTA ANA FRWY EASTERN TRANSPORTATION CORRIDOR

VICINITY MAP
N.T.S.

EXHIBIT B - PROPERTY MAP & VICINITY MAP CLEARWATER AT TUSTIN LEGACY TENTATIVE PARCEL MAP 2025-151 LOT 14, TRACT NO. 18197, M.M. 990/25-33 TUSTIN, CA 92606 07/08/2026 CONFCDMS-0012 1 EXHIBIT B OF 1 TO DEVELOPMENT AGREEMENT

MAP SHOWING PROPERTY AND ITS LOCATION
EXHIBIT C City of Tustin/Confluent Development
Development Agreement

EXHIBIT C

TO DEVELOPMENT AGREEMENT

PUBLIC BENEFITS IMPROVEMENTS
Developer shall construct the following Public Benefits Improvements, which shall be completed within the time periods set forth in the Schedule of Performance attached to and forming part of the DDA, and in accordance with the Entitlement Approvals and Approved Plans:

1. Developer shall design and construct sidewalk, parkway landscape and irrigation system adjacent to the Project along Warner Avenue, Armstrong Avenue, John Johnson Way and Veterans Way.

2. Developer shall, pursuant to the Landscape Installation and Maintenance Agreement entered into with the City, install landscaping and perform the maintenance, repair, and replacement of the landscaping described therein within the Landscape Area depicted on Exhibit D. A detailed landscape improvement exhibit shall be provided in the Landscape Installation and Maintenance Agreement.

EXHIBIT D City of Tustin/Confluent Development
Development Agreement

EXHIBIT D

LANDSCAPE AREA
[Attached]

DW RW RW DW DW DW DW DW DW DW
SS SS SS SS SS SS SS SS DW 8"W 12"W 12"W SS SS SS SS SS SS SS SS SS DW DW DW DW DW DW DW DW E E E E E E E EX EX EX SL E JT

JT E E E EX EX EX EX EJT JT E E JT JT TEL TEL TEL TEL

ST C C E E E E E E

ST ST IRR IRR IRR IRR

IRR IRR IRR J PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE
& RIGHT OF WAY

JOHN JOHNSON WAY WARNER AVENUE VETERANS WAYASSISTED LIVING /

MEMORY CARE

BUILDING ARMSTRONG AVENUE

ACTIVE ADULT BUILDING
DESIGNED BY: DRAWN BY: PROJECT NO. DATE: REVIEWED BY: CK BY DATE NO. REVISION FIRST SUBMITTAL DATE: SHEET NO. Save Date: Plot Date: 7/31/2026 12:52 PM 7/31/2026 12:57 PM By: Juta P:\C\CONFCDMS0012\0400CAD\EXHIBITS\2026-07-07 Tustin Development Agreement Exhibits For Confluent\Reference\EXHIBIT D-CONFCDMS0012 - Copy.dwg Justin Tat By: File:

CHECKED BY: ® 17542 E. 17th Street Suite 150 Tustin, CA 92780 714.665.4500 SCALE
( FEET )
1 INCH = 80 FT.
80 80 160 40 0
EXHIBIT D - CLEARWATER AT TUSTIN LEGACY LANDSCAPE AREA TENTATIVE PARCEL MAP 2025-151 LOT 14, TRACT NO. 18197, M.M. 990/25-33 TUSTIN, CA 92606 07/08/2026 CONFCDMS-0012 1 OF 1
LEGEND

LANDSCAPE AREA EXHIBIT D

TO DEVELOPMENT AGREEMENT

LANDSCAPE AREA
EXHIBIT E City of Tustin/Confluent Development
Development Agreement

EXHIBIT E

SITE PLAN
[showing Active Adult Real Property and AL/MC Real Property] [Attached]

SS SS SS

SS SS SS
DW DW
SS SS

DW DW DW DW
SS

DW SS SS DW DW RW DW RW RW DW DW DW DW DW DW DW
SS SS SS SS SS SS SS SS DW 8"W 12"W 12"W SS SS SS SS SS SS SS SS SS DW DW DW DW DW DW DW DW E E E E E E E EX EX EX SL E JT

JT E E E EX EX EX EX EJT JT E E JT JT TEL TEL TEL TEL

ST C C E E E E E E

ST ST IRR IRR IRR IRR

IRR IRR IRR J PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE
& RIGHT OF WAY

JOHN JOHNSON WAY WARNER AVENUE VETERANS WAYASSISTED LIVING /

MEMORY CARE

BUILDING ARMSTRONG AVENUE

ACTIVE ADULT BUILDING

FUTURE PARCEL LINE
DESIGNED BY: DRAWN BY: PROJECT NO. DATE: REVIEWED BY: CK BY DATE NO. REVISION FIRST SUBMITTAL DATE: SHEET NO. Save Date: Plot Date: 8/3/2026 3:15 PM 8/3/2026 3:19 PM By: Juta P:\C\CONFCDMS0012\0400CAD\EXHIBITS\2026-07-07 Tustin Development Agreement Exhibits For Confluent\Reference\EXHIBIT E-CONFCDMS0012.dwg Justin Tat By: File:

CHECKED BY: ® 17542 E. 17th Street Suite 150 Tustin, CA 92780 714.665.4500 SCALE
( FEET )
1 INCH = 80 FT.
80 80 160 40 0
EXHIBIT E - SITE PLAN CLEARWATER AT TUSTIN LEGACY TENTATIVE PARCEL MAP 2025-151 LOT 14, TRACT NO. 18197, M.M. 990/25-33 TUSTIN, CA 92606 07/08/2026 CONFCDMS-0012 1 OF 1 EXHIBIT E

TO DEVELOPMENT AGREEMENT

SITE PLAN

ACTIVE ADULT REAL PROPERTY
AL/MC
REAL

PROPERTY
EXHIBIT F City of Tustin/Confluent Development
Development Agreement

EXHIBIT F

ACCESS EASEMENT AGREEMENT
[Attached]
Tustin Confluent Access Easement
Agreement 7.8.26 (HM)
Exhibit F
1 City of Tustin/Confluent Development
Portion of Disp. Area 8

EXHIBIT F

ACCESS EASEMENT AGREEMENT

CITY OF TUSTIN OFFICIAL BUSINESS

REQUEST DOCUMENT TO BE

RECORDED AND TO BE EXEMPT FROM

RECORDING FEES PER GOVERNMENT
CODE §6103 AND §27383.

RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

City Manager
The City of Tustin
300 Centennial Way
Tustin, California 92780
Space Above This Line Reserved for Recorder’s Use

ACCESS EASEMENT AGREEMENT
This ACCESS EASEMENT AGREEMENT (“Agreement”) is made this ____ day of_________, 202_, by CD-CW (TUSTIN) LLC, a Colorado limited liability company (“Developer”) and the CITY OF TUSTIN (“City”) and is made for the benefit of the City, the successors and assigns of the City, and where specified, its residents and the public at large.

A. Immediately prior to the recording of this Agreement in office of the County Clerk Recorder for Orange County, California (“Official Records”), the City has conveyed to Developer that certain real property legally described on Schedule 1 attached hereto and made a part hereof (“Real Property”) and Developer intends to develop the Real Property with an active adult residential facility and related improvements and an assisted living and memory care commercial facility and related improvements, together with on-site infrastructure and a complete accompanying set of high quality amenities as further described in (1) that certain statutory Development Agreement between City and Developer recorded in the Official Records on ____________as Instrument No.____________, [{if amended add reference to amendment(s)} (as so amended,] (“Development Agreement”) and (2) that certain Disposition and Development Agreement for Portion of Disposition Area 8 (Tustin Legacy) between Developer and City dated as of ___________, 20__(“ DDA”) [{if amended add reference to amendment(s)} (as so amended,] “DDA”), a memorandum of which DDA was recorded in the Official Records immediately prior to recording of this Agreement. The DDA contemplates that the City will execute and record in the Official Records one or two certificates of compliance for the Real Property upon the terms set forth therein. Each such certificate of compliance executed by the City and recorded in the Official Records is referred to herein as a “Certificate of Compliance”.

Tustin Confluent Access Easement
Agreement 7.8.26 (HM)
Exhibit F
2 City of Tustin/Confluent Development
Portion of Disp. Area 8
B. As partial consideration for the conveyance of the Real Property by the City to Developer, Developer has agreed to grant certain easements in favor of the City pursuant to this Agreement.

C. Pursuant to the California Subdivision Map Act, the City has approved Tentative Parcel Map No. 2025-151, which is attached to this Agreement for reference as Schedule 2 and is incorporated herein by this reference (“Tentative Parcel Map”). The Tentative Parcel Map, with such additional modifications as may be requested by Developer or required by the City in accordance with the process described in Recital D, is proposed to be recorded in the Official Records upon approval thereof by the City and Orange County and, following its recording shall be referred to as the “Final Parcel Map”. Notwithstanding the foregoing, Developer shall have the right, but not the obligation, to cause recording of the Final Parcel Map.

D. This Agreement is also intended to preserve and maintain the obligation of Developer and each and every Person owning or acquiring fee title to all or any portion of the Real Property (“Successor Owner”), and each and every Person claiming by, through or under Developer or any Successor Owner, to grant the easements defined and approved as to specific locations by the City Engineer and/or other agencies, as depicted on the Tentative Parcel Map attached as Schedule 2, and other easements, if any, defined and approved as to specific locations by the City Engineer and/or other agencies on the Tentative Parcel Map as the same may be modified with the approval of the City in the exercise of its legislative, administrative and/or enforcement capacity in approving the Final Parcel Map.

NOW THEREFORE, Developer hereby covenants, and Developer and City hereby agree, as follows:

1. Developer hereby grants and conveys to the City, for the benefit of the City and its successors and assigns, at no cost to the City or any of the beneficiaries thereof, a non-exclusive, perpetual easement in gross and right of way for purposes of allowing common access and emergency vehicle access over the private drives and driveways to be created upon the Real Property for such use identified as Proposed Easement “B” as depicted on the Tentative Parcel Map; provided that if the Final Parcel Map is recorded in the Official Records and modifications are made in that Final Parcel Map to the locations of the emergency vehicle access and public service routes described in this Paragraph 1, then upon recording in the Official Records of the Final Certificate of Compliance (or upon such date thereafter as the Final Parcel Map may be recorded) the City shall execute and cause the recording in the Official Records of the Termination attached hereto as Schedule 3 terminating the easements granted by this Paragraph 1 as to the portion of the Real Property for which the Certificate of Compliance has been issued and the easements granted in the Final Parcel Map shall remain in effect and govern.

2. For avoidance of doubt, the grants of easements made by Developer in this Agreement shall have priority over the lien and charge of any mortgage, construction lien and/or other lien upon the Real Property and any improvements thereon and the same shall not be modified or affected by the subsequent recording of the Final Parcel Map except upon recording of a Termination as provided in Section 1 above.

Tustin Confluent Access Easement
Agreement 7.8.26 (HM)
Exhibit F
3 City of Tustin/Confluent Development
Portion of Disp. Area 8

3. Unless expressly provided herein, the City, on behalf of itself and its successors and assigns, upon acceptance of the foregoing easements, agrees that any obligations by Developer to prepare, improve or otherwise alter the Real Property as may expressly be stated in the Development Agreement, the DDA and/or Other Agreements and that this Agreement does not modify, reduce or expand such obligations.

4. This Agreement is an equitable servitude and shall be binding upon the Developer and its Successor Owners and each and every Person claiming by, through or under Developer or any Successor Owner and shall run with the Real Property for the benefit of the City and its successors and assigns in perpetuity, unless and until terminated as set forth herein.

5. This Agreement shall be recorded in the Official Records against the Real Property.

6. This Agreement may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument.

7. The Recitals above are incorporated herein by reference. {remainder of page blank; signatures commence on following page} Tustin Confluent Access Easement
Agreement 7.8.26 (HM)
Exhibit F
S-1
City of Tustin/Confluent Development
Portion of Disp. Area 8
IN WITNESS WHEREOF, the Developer and City have executed this Access Easement Agreement on the date first above written.

Dated:

CITY OF TUSTIN:

By:

Name: Aldo E. Schindler
Title: City Manager
ATTEST:

By:

Erica N. Yasuda
City Clerk

APPROVED AS TO FORM
By:

David Kendig
City Attorney
Hepner & Myers LLP
Special Real Estate Counsel to the City
By:

Amy E. Freilich
DEVELOPER:
____________________, a _________limited
liability company
By: _________________________
Name:

Title:

Tustin Confluent Access Easement
Agreement 7.8.26 (HM)
Exhibit F
S-2
City of Tustin/Confluent Development
Portion of Disp. Area 8

CERTIFICATE OF ACCEPTANCE OF EASEMENT
(City of Tustin)
This is to certify that the interest in real property conveyed by the ACCESS EASEMENT AGREEMENT dated ____________, 20__ from the owners of the Real Property, being __________________, a _____________ to the CITY OF TUSTIN, a governmental agency, is hereby accepted by the undersigned officer on behalf of the CITY OF TUSTIN pursuant to authority conferred by Resolution No. 95- 39 of the CITY OF TUSTIN adopted on April 3, 1995, and the grantee consents to recordation thereof by its duly authorized officer.

Dated:_____________________ _________________________
Erica N. Yasuda, City Clerk
Tustin Confluent Access Easement
Agreement 7.8.26 (HM)
Exhibit F
S-3
City of Tustin/Confluent Development
Portion of Disp. Area 8

CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________________________________
On _________________ before me, ________________________________________________, Date (Insert Name and Title of the Officer)
personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal and/or Stamp above Signature: ______________________________________ Signature of Notary Public
Tustin Confluent Access Easement
Agreement 7.8.26 (HM)
Exhibit F
S-4
City of Tustin/Confluent Development
Portion of Disp. Area 8

STATE OF COLORADO )
CITY AND ) SS:

COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this ____ day of July, 2026, by Marshall M. Burton, as Chief Executive Officer of Confluent Development, LLC, a Colorado limited liability company, as Manager of CD Manager LLC, a Colorado limited liability company, as Manager of CD-CW (Tustin) LLC, a Colorado limited liability company.

WITNESS my hand and official seal.

Notary Public
My Commission Expires:
[SEAL]
Tustin Confluent Access Easement
Agreement 7.8.26 (HM)
Exhibit F
Schedule 1
City of Tustin/Confluent Development
Portion of Disp. Area 8
SCHEDULE 1
Legal Description of Real Property
The Land referred to herein below is situated in the City of Tustin, County of Orange, State of California, and is described as follows:

LOT 14, INCLUSIVE OF TRACT NO. 18197 AS SHOWN ON A MAP FILED IN BOOK 990, PAGES 25 THROUGH 33, INCLUSIVE OF TRACT MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

Excluding therefrom the rights and interests reserved by the City in Section 2 of the Quitclaim Deed for the Real Property made by the City in favor of Developer recorded immediately prior to recording of this Agreement.

For conveyancing purposes only: APN 430-481-12
Tustin Confluent Access Easement Agreement

7.8.26 (HM)
Schedule 2 City of Tustin/Confluent Development
Portion of Disp. Area 8
SCHEDULE 2
Tentative Parcel Map
[see attached]
8"W
12"W
12"W
E E E

E E E E
E E E
E
E E
E E E
E
E E E
E E
E E E
E

E E E E E E
E
E E
E E E
E E E

SL SL SL SL

E E E E
JT

JT JT JT

JT JT JT JT JT
E E E
JT

JT JT JT

JT JT JT JT JT
JT
E

JT JT JT

JT JT JT
JT JT

E E E E

ST ST ST ST
SL
SL

E E E E E E E E E E E E E E E E E ST ST ST ST ST ST ST ST ST D
S
S
S
S
RWR PB

PB RWR WARNER AVE JOHN JOHNSON WAY
7 (37.55' R1) 37.55'
6 4
1 N17°00'00".E 432.38' (432.38' R1) L=112.35'
(L=490.98' R1)
(L=603.35' R1) L=603.35'
N 64°05'52" W 280.62' (280.62' R1)
Δ=16°06'48"
(Δ=16°06'56" R1)
TELEPHONE PULL BOX (NE COR) 3.0' SW'LY OF PL ELECTRIC PULL BOX (NE COR) 2.8' SW'LY OF PL TV PULL BOX (NE COR) 3.3' SW'LY OF PL TELEPHONE VAULT (NE COR) 2.0' SW'LY OF PL WALL (NE COR END) 1.2' SW'LY OF PL ELECTRIC PULL BOX (SE COR) 6.5' NE'LY OF PL CULVERT BOX (SW COR) 2.4' NE'LY OF PL
IRRIGATION BOX (SE COR) 5.7' NE'LY OF PL WALL (N'LY FACE) 0.1' SW'LY OF PL WALL (N'LY FACE) CROSSING PL WALL (NW COR END) 8.4' NE'LY OF PL

IRRIGATION CONTROL BOX
(NE COR) 3.2' NW'LY OF PL SEWER MAN HOLE (CENTER) 4.0' SE'LY OF PL PROPERTY LINE & RIGHT OF WAY PROPERTY LINE & RIGHT OF WAY DIRT
SIDEWALK (BACK) 0.1' NE'LY OF PL
SIDEWALK (BACK) 0.1' NE'LY OF PL
2 ARMSTRONG AVE PROPOSED 5-STORY ACTIVE ADULT BUILDING FF ELEV = ± 55.80 FG ELEV = ± 54.47 PROPOSED 2-STORY ASSISTED LIVING & MEMORY CARE BUILDING FF ELEV = ± 55.80 FG ELEV = ± 54.80 EX 12" DW
EX 72" SD
EX 15" SS C/L
C/L
C/L
C/LL=23.37', R=15.00' N23°14'34"E
L=59.44'
EXISTING 36" SD EX. 36" SD
EX 10" SS
EX 10" DW EX. 8" SS EX. 10" WA

EX RW

EX ELEC
EX 24" SD
EX 10" WA
EX 8" SS (NOT A PART) (NOT A PART)
L=47.60', R=20.00'

37.02' N 20°54'17" W
60 65
70 75
56 57
58 59
61 62
63 64
66 67
68 69
71 72
73 74
76 77
55 54
53 55
54 53
51 55
56 57
58 59
=L 701 4' 4. 3= R, 6. 11 ' 6 S64°38'16"E L=6.95'
N25°54'08"E
L=126.17' L=303.67' (L=303.67' R1) L=308.03' (L=308.03' R1) (R=1982.00' R1) R=1982.00' (R=1954.00' R1) R=1954.00' N 64°05'52" W 201.98' (201.98' R1) (Δ=8°54'16" R1) Δ=8°54'16" Δ=8°54'16" (Δ=8°54'16" R1) Δ=5°48'14" R=1470.00' (R=1470.00' R1) (Δ=5°48'14" R1) L=148.91' (L=148.91' R1) (Δ=20°05'37" R1)
(R=1400.00' R1) R=1400.00' Δ=20°05'40" Δ=4°35'52" (L=112.37' R1) (Δ=4°35'55" R1) (Δ=24°41'32" R1) Δ=24°41'32" (302.17' R1) 302.17' N 75°31'01" W
(L=96.90' R1)
(R=1460.00' R1)
Δ=3°48'10"
N50°49'29"W

50.00' (50.00' R1)
(114.22' R1) N39°10'31" E 114.22'
(Δ=12°32'28" R1) Δ=12°32'28" R=1348.04' (R=1348.04' R1) L=295.06' (L=295.06' R1)

55.000
53 53
54 54
59 54 PROPOSED LOT LINE PROPOSED LOT LINE PROPOSED (PRIVATE) MODULAR WETLAND STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 8" SEWER PROPOSED (PRIVATE) 6" FIRE WATER AND BACKFLOW PREVENTER PROPOSED (PRIVATE) 6" FIRE WATER PROPOSED (PRIVATE) OLDCASTLE STORMCAPTURE PROPOSED (PRIVATE) 4" DOMESTIC WATER AND BACKFLOW PREVENTER PROPOSED (PRIVATE) 8" SEWER PROPOSED (PRIVATE) 48" STORM DRAIN DEMOLISH PORTION OF EXISTING STORM DRAIN LATERAL AND CATCH BASIN PROPOSED (PRIVATE) 8" SEWER

20.9'

23.7'

15.9'

11.6'

15.9' 70.4'

50.3'

12.8' 42.7'

35.0'

70.1'

25.3' 46.1'

24.6' 22.7'

25.7'

11.8' 15.4'
27' DRIVEWAY

17.2'

14.2' 27' DRIVEWAY

20.0'

20.0' PARCEL 1 121,531 SF (2.79 AC) PARCEL 2 145,854 SF (3.35 AC) 3 1
4 P/L P/L P/L PROPOSED (PRIVATE) 48" STORM DRAIN
N25°54'08"E
L=83.62' PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 8" SEWER P/L
N 25°58'17" W

38.45'
(38.45' R1)
P/L PROPOSED (PRIVATE) 6" FIRE WATER PROPOSED (PRIVATE) 6" DOMESTIC WATER PROPOSED (PRIVATE) 48" STORM DRAIN B
B
B
B B
A
A
(37.02' R1)
3 N 39°10'31" E 205.21' (205.21' R1) N50°40'29"W

52.00'
(Δ=14°45'07" R1) Δ=14°45'07" Δ=32°59'59"
(Δ=32°59'59" R1) R=1400.04' (R=1400.04' R1)
(L=360.47' R1) L=360.47' 1914
L=806.36' (L=806.36' R1)
(L=393.79' R1) L=393.73' 19 P/L 234.24' (234.24' R1) N 73°00'08" W 206.24' (206.24' R1) N 73°00'08" W

5.0' (NOT A PART)

VETERANS WAY
5 1
(Δ=3°48'10" R1) PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE

6.0' REMOVE PORTION OF EXISTING STORM DRAIN LATERAL AND CATCH BASIN; CAP STORM DRAIN AT PROPERTY LINE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) 48" STORM DRAIN CAP EXISTING STORM DRAIN CONNECTOR PIPE AT PROPERTY LINE 1 L=96.90' R=1460.00'
19 PROP CB PROP CB PROP CB PROP CB PROP CB PROP CB PROP CB TRACT 17144 APN: 430-272-12 TRACT 18197 APN: 430-481-15 19 TRACT 18197 APN: 430-481-24 N17°00'00"E 133.00' (133.00' R1) N 13°56'50" E N 17°00'00" E 138.72' (138.72' R1) 3 2
56 57
58 57
58 5959
56 57
58 59
59 58
56 56
57 57 55 55
54 55 55 54 56 56 PROPOSED (PRIVATE) OLDCASTLE STORMCAPTURE Δ=10°42'21" R=170.77' (L=31.91') (R=170.77') (R1) (Δ=10°42'21") L=31.91' 6 7 L=26.48' (Δ=07°43'15") (R1) (R=196.48') (L=26.48') R=196.48' Δ=13°06'14" Δ=07°43'15" R=41.00' (L=9.38') (R=41.00') (R1) (Δ=13°06'14") L=9.38' 45 L=15.91' (Δ=15°27'12") (R1) (R=59.00') (L=15.91') R=59.00' Δ=02°21'00" Δ=15°27'12" R=1472.00' (L=60.37') (R=1472.00') (R1) (Δ=02°21'00") L=60.37' 3 DELTA Δ=14°11'50" CURVE 1 LENGTH L=10.16' RADIUS R=41.00' (L=10.16') LENGTH RADIUS (R=41.00') RECORD (R1) DELTA (Δ=14°11'50") 2 L=14.78' (Δ=14°20'59") (R1) (R=59.00') (L=14.78') R=59.00' Δ=14°20'59" (R1) (N85°15'23"E) (0.11') 0.11' N38°14'17"E N85°15'23"E 4.92' (4.92') (N38°14'17"E) (R1) (N85°15'26"E) (R1) (37.48') 37.48' N51°45'31"W N85°15'26"E 32.83' (32.83') (N51°45'31"W) (R1) (36.45') (N36°37'39"W) 1 LINE DISTANCE BEARING N36°37'39"W 36.45' RECORD BEARING DISTANCE (R1) (R1) (N68°46'50"W) (36.20') 36.20' N68°46'50"W 2 3456
RW
8"W
12"W
12"W
E E E

E E E E
E
E
E E
E E E
E E E

E E E E E E E
E
E E E

E E E EX EX EX

EX EX EX EX

EX EX EX

EX EX EX EX EX

E E E E
JT

JT JT JT

JT JT JT JT JT

E E E E
JT

JT JT JT

JT JT JT JT JT
JT

E E E E E

JT JT JT

JT JT JT
JT JT
EX
EX
EX
EX
EX
EX

EX EX EX EX EX EX

E E E E E

JT JT JT JT JT JT JT JT JT
E E

JT JT JT JT

TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL

ST ST ST ST
SL
C C C

E E E E E E E E E E E E

ST ST ST ST ST
D
S
S
S
S
S
S
RWR
PB
PB

PB RWR WARNER AVE JOHN JOHNSON WAY
1 5
7 (37.55' R1) 37.55'
6 4
1 N17°00'00".E 432.38' (432.38' R1)
(L=490.98' R1) L=491.00'
(L=603.35' R1)
N50°49'29"W 185.10' (185.10' R1)
L=603.35'
N 64°05'52" W 280.62' (280.62' R1)
TELEPHONE PULL BOX (NE COR) 3.0' SW'LY OF PL ELECTRIC PULL BOX (NE COR) 2.8' SW'LY OF PL TV PULL BOX (NE COR) 3.3' SW'LY OF PL TELEPHONE VAULT (NE COR) 2.0' SW'LY OF PL WALL (NE COR END) 1.2' SW'LY OF PL ELECTRIC PULL BOX (SE COR) 6.5' NE'LY OF PL CULVERT BOX (SW COR) 2.4' NE'LY OF PL
IRRIGATION BOX (SE COR) 5.7' NE'LY OF PL WALL (N'LY FACE) 0.1' SW'LY OF PL WALL (N'LY FACE) CROSSING PL WALL (NW COR END) 8.4' NE'LY OF PL ELECTRIC MANHOLE (CENTER) 3.2' SW'LY OF PL

IRRIGATION CONTROL BOX
(NE COR) 3.2' NW'LY OF PL SEWER MAN HOLE (CENTER) 4.0' SE'LY OF PL PROPERTY LINE & RIGHT OF WAY PROPERTY LINE & RIGHT OF WAY DIRT
N46°41'40"W
1853.44' (GPS TIE)
SIDEWALK (BACK) 0.1' NE'LY OF PL
SIDEWALK (BACK) 0.1' NE'LY OF PL SIDEWALK (BACK) AT PL 1 2 1 1
ARMSTRONG AVE PROPOSED 5-STORY ACTIVE ADULT BUILDING FF ELEV = ± 55.80 FG ELEV = ± 54.47 PROPOSED 2-STORY ASSISTED LIVING & MEMORY CARE BUILDING FF ELEV = ± 55.80 FG ELEV = ± 54.80 EX 12" DW
EX 36" SD
EX 72" SD
EX 15" SS C/L
C/L
C/L
C/L L=23.37', R=15.00' N23°14'34"E
L=59.44'
EXISTING 36" SD EX. 36" SD
EX 10" SS
EX 10" DW EX. 8" SS

EX RW

EX ELEC

EX RW
EX 24" SD
EX 10" WA
EX 8" SS (NOT A PART)
L=47.60', R=20.00'

37.02' N 20°54'17" W
60 65
70 75
56 57
58 59
61 62
63 64
66 67
68 69
71 72
73 74
76 77
55 54
53 55
54 53
51 55
56 57
58 59
=L 701 44. ' 3= R, 66. 11 ' S64°38'16"E L=6.95'
N25°54'08"E
L=126.17' L=303.67' (L=303.67' R1) L=308.03' (R=1954.00' R1) R=1954.00' N 64°05'52" W 201.98' (201.98' R1) (Δ=8°54'16" R1) Δ=8°54'16" Δ=5°48'14" R=1470.00' (R=1470.00' R1) (Δ=5°48'14" R1) L=148.91' (L=148.91' R1) (Δ=20°05'37" R1)
(R=1400.00' R1) R=1400.00' Δ=20°05'40" (L=112.37' R1) (Δ=4°35'55" R1) (Δ=24°41'32" R1) Δ=24°41'32" (L=96.90' R1)
(R=1460.00' R1)
Δ=3°48'10"
N50°49'29"W

50.00' (50.00' R1)
(114.22' R1) N39°10'31" E 114.22'
(Δ=12°32'28" R1) Δ=12°32'28" R=1348.04' (R=1348.04' R1) L=295.06' (L=295.06' R1)

55.000
53 53
54 54
59 54 PROPOSED LOT LINE PROPOSED LOT LINE PROPOSED (PRIVATE) MODULAR WETLAND STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 8" SEWER PROPOSED (PRIVATE) 6" FIRE WATER AND BACKFLOW PREVENTER PROPOSED (PRIVATE) 6" FIRE WATER PROPOSED (PRIVATE) OLDCASTLE STORMCAPTURE PROPOSED (PRIVATE) 4" DOMESTIC WATER AND BACKFLOW PREVENTER PROPOSED (PRIVATE) 8" SEWER PROPOSED (PRIVATE) 48" STORM DRAIN DEMOLISH PORTION OF EXISTING STORM DRAIN LATERAL AND CATCH BASIN PROPOSED (PRIVATE) 8" SEWER

20.9'

23.7'

15.9'

11.6'

15.9' 70.4'

50.3'

12.8' 42.7'

35.0'

70.1'

25.3' 46.1'

24.6' 22.7'

25.7'

11.8' 15.4'
27' DRIVEWAY

17.2'

14.2' 27' DRIVEWAY

20.0'

20.0' PARCEL 1 121,531 SF (2.79 AC) PARCEL 2 145,854 SF (3.35 AC) 3 1
6 4
P/L P/L P/L PROPOSED (PRIVATE) 48" STORM DRAIN
N25°54'08"E
L=83.62' PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 8" SEWER P/L
N 25°58'17" W

38.45'
(38.45' R1)
P/L PROPOSED (PRIVATE) 6" FIRE WATER PROPOSED (PRIVATE) 6" DOMESTIC WATER PROPOSED (PRIVATE) 48" STORM DRAIN B
B
B
B B
A
A
(37.02' R1)
3 N 39°10'31" E 205.21' (205.21' R1) N50°40'29"W

52.00'
(Δ=14°45'07" R1) Δ=14°45'07" Δ=32°59'59"
(Δ=32°59'59" R1) R=1400.04' (R=1400.04' R1)
(L=360.47' R1) L=360.47' 1914
L=806.36' (L=806.36' R1)
(L=393.79' R1) L=393.73'
EX 6" RW 19 P/L 234.24' (234.24' R1) N 73°00'08" W 206.24' (206.24' R1) N 73°00'08" W

5.0'

VETERANS WAY
5 1
(Δ=3°48'10" R1) PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE

6.0' REMOVE PORTION OF EXISTING STORM DRAIN LATERAL AND CATCH BASIN; CAP STORM DRAIN AT PROPERTY LINE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) 48" STORM DRAIN CAP EXISTING STORM DRAIN CONNECTOR PIPE AT PROPERTY LINE 1 L=96.90' R=1460.00'
19 PROP CB PROP CB PROP CB PROP CB PROP CB PROP CB PROP CB TRACT 17144 APN: 430-272-12 (NOT A PART) TRACT 17404 APN: 430-371-20 N17°00'00"E 133.00' (133.00' R1) N 13°56'50" E N 17°00'00" E 138.72' (138.72' R1) 3 2
56 57
58 57
58 5959
56 57 58
59 59
58 56
56 57 57 55 55
54 55 55 54 56 56 PROPOSED (PRIVATE) OLDCASTLE STORMCAPTURE TENTATIVE PARCEL MAP 2025-151 DATE: REVIEWED BY: DESIGNED BY: JIT DRAWN BY: JTKA PROJECT NO.

CK BY DATE NO. REVISION CHECKED BY: JIT 1/19/2026 SHEET NO. Save Date: Plot Date: 1/19/2026 4:04 PM 1/19/2026 4:25 PM
By: Rxka P:\C\CONFCDMS0012\0400CAD\SHEETS\EC\Entitlements\Tentative Parcel Map\EC-001-CV-CONFCDMS0012-TPM.dwg Robyn Katherman By: File:
® CONFCDMS-0013

CLEARWATER AT TUSTIN LEGACY
TENTATIVE PARCEL MAP 2025-151
LOT 14, TRACT NO. 18197, M.M. 990/25-33 TUSTIN, CA 92606 17542 17th St., Suite 150 Tustin, CA, 92780 Phone: 714.665.4500 OWNER: CITY OF TUSTIN, 300 CENTENNIAL WAY TUSTIN, CA 92780 ATTN: PROJECT ADDRESS: LOT 14, TRACT NO. 18197, M.M. 990/25-33 TUSTIN, CA 92606 CIVIL ENGINEER: DAVID EVANS AND ASSOCIATES, INC. 25152 SPRINGFIELD COURT, SUITE 350 SANTA CLARITA, CA 91355 ATTN: JONATHAN TAPIA PHONE 661.284.7436 E-MAIL: [email protected] ARCHITECT: HPI ARCHITECTURE 115 22ND STREET NEWPORT BEACH, CA 92663 PHONE: 949.675.6442 BASIS OF BEARINGS: THE BEARING SHOWN HEREON ARE BASED ON THE CALCULATED BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 6529 AND GPS NO. 6535 BEING NORTH 03° 46' 13" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. BENCHMARK: THE ELEVATIONS SHOWN HEREON ARE BASED UPON THE ORANGE COUNTY PUBLIC WORKS VERTICAL CONTROL DATA SHEET BENCHMARK NO. 3A-107-77, (YEAR 2013). 3 3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "3A-107-77" IN THE WESTERLY CORNER OF A 4 FT BY 11 FT CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHERLY CORNER OF THE INTERSECTION OF REDHILL AVENUE AND WARNER AVENUE, 47 FT NORTHEASTERLY OF THE CENTERLINE MEDIAN ALONG WARNER AND 105 FT NORTHWESTERLY OF THE CENTERLINE OF REDHILL AVENUE. MONUMENT IS LEVEL WITH THE SIDEWALK. ELEVATION = 62.047' CONTOURS SHOWN HEREON ARE 1' INTERVAL. BOUNDARY/PARCEL LINE PROPOSED PARCEL LINE EASEMENT EXISTING UTILITIES LEGEND EXISTING R/W SITE . 5 55 DYER RD

BARRANCA PKWY RED HILL AVE EDINGER AVE

EDINGER AVE

TUSTIN RANCH RD

VON KARMA

AVE WARNER AVE

ARMSTRONG AVE
VETERANS WAY 261 405 WARNER AVE

SAN DIEGO
FRWY

JAMBOREE RD

COSTA MESA FRWY

SANTA ANA FRWY

EASTERN

TRANSPORTATION
CORRIDOR R1.....INDICATES DATA PER TRACT NO. 18197, M.B. 990/25-33 R2.....INDICATES DATA PER TRACT NO. 17144, M.B. 906/5-14 ( ) INDICATES REFERENCE RECORD DATA. INDICATES RECORD DATA. R1 INDICATES DESCRIPTION NUMBER. 1 LEGAL DESCRIPTION: MONUMENT NOTES: INDICATES FOUND MONUMENT, AS NOTED. THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 14, INCLUSIVE OF TRACT NO. 18197 AS SHOWN ON A MAP FILED IN BOOK 990, PAGES 25 THROUGH 33, INCLUSIVE OF TRACT MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ANY AND OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCABONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING FOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAT THE LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATED ANY SUCH WELL OR MINES; BUT WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OF THE LAND, AS RESERVED IN THE DEED FROM THE CITY OF TUSTIN, CALIFORNIA, RECORDED SEPTEMBER 24, 2002 AS INSTRUMENT NO. 20020819173 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, WATER RIGHTS OR INTERESTS THEREIN APPURTENANT OR RELATING TO THE LAND OR OWNED OR USED BY THE GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND (NO MATTER HOW ACQUIRED BY THE GRANTOR), WHETHER SUCH RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, ADJUDICATED, STATUTORY OR CONTRACTUAL, TOGETHER WITH THE PERPETUAL RIGHT AND POWER TO EXPLORE, DRILL, REDRILL AND REMOVE THE SAME FROM OR IN THE LAND, TO STORE THE SAME BENEATH THE SURFACE OF THE LAND AND TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASE BY GRANTOR; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON OR USE THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE CITY OF TUSTIN, CALIFORNIA, RECORDED SEPTEMBER 24, 2002 AS INSTRUMENT NO. 20020819173 OF OFFICIAL RECORDS. FOR CONVEYANCING PURPOSES ONLY: APN 430-481-12 INDICATES CALCULATED FROM CFFOUND SPIKE & WASHER STAMPED "LS 6673" PER R1, FLUSH; ACCEPTED AS ARMSTRONG AVENUE & WARNER AVENUE CENTERLINE INTERSECTION PER R1. 1 TITLE EXCEPTIONS: PER FIRST AMERICAN TITLE INSURANCE COMPANY, REPORT NO. NCS-1146469-SA1, DATED MAY 07, 2025 1. ANY DEFECT, LIEN, ENCUMBRANCE, ADVERSE CLAIM, OR OTHER MATTER THAT APPEARS FOR THE FIRST TIME IN THE PUBLIC RECORDS OR IS CREATED, ATTACHES, OR IS DISCLOSED BETWEEN THE COMMITMENT DATE AND THE DATE ON WHICH ALL OF THE SCHEDULE B, PART I-REQUIREMENTS ARE MET. 2. (A) TAXES OR ASSESSMENTS THAT ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS; (B) PROCEEDINGS BY A PUBLIC AGENCY THAT MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 3. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THAT ARE NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 4. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 5. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE 77TLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 6. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), OR (C) ARE SHOWN BY THE PUBLIC RECORDS. 7. GENERAL AND SPECIAL TAXES AND ASSESSMENTS FOR THE FISCAL YEAR 2023-2024, A LIEN NOT YET DUE OR PAYABLE. 8. GENERAL AND SPECIAL TAXES AND ASSESSMENTS FOR THE FISCAL YEAR 2022-2023 ARE EXEMPT. IF THE EXEMPT STATUS IS TERMINATED AN ADDITIONAL TAX MAY BE LEVIED. A.P. NO.: 430-481-12. 9. THE LIEN OF SPECIAL TAX ASSESSED PURSUANT TO CHAPTER 2.5 COMMENCING WITH SECTION 53311 OF THE CALIFORNIA GOVERNMENT CODE FOR COMMUNITY FACILITIES DISTRICT NO. 13-01, AS DISCLOSED BY NOTICE OF SPECIAL TAX LIEN RECORDED MAY 16, 2013 AS INSTRUMENT NO. 2013000296640 OF OFFICIAL RECORDS. 10. THE LIEN OF SPECIAL TAX ASSESSED PURSUANT TO CHAPTER 2.5 COMMENCING WITH SECTION 53311 OF THE CALIFORNIA GOVERNMENT CODE FOR COMMUNITY FACILITIES DISTRICT NO. 15-2, AS DISCLOSED BY NOTICE OF SPECIAL TAX LIEN RECORDED NOVEMBER 18, 2015 AS INSTRUMENT NO. 2015000594036 OF OFFICIAL RECORDS. 11. THE LIEN OF SPECIAL TAX ASSESSED PURSUANT TO CHAPTER 2.5 COMMENCING WITH SECTION 53311 OF THE CALIFORNIA GOVERNMENT CODE FOR COMMUNITY FACILITIES DISTRICT NO. 2018-01, AS DISCLOSED BY NOTICE OF SPECIAL TAX LIEN RECORDED FEBRUARY 17, 2021 AS INSTRUMENT NO. 2021000112117 OF OFFICIAL RECORDS. 12. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 13. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "SHORT FORM NOTICE OF AGREEMENT" RECORDED MAY 14, 2002 AS INSTRUMENT NO. 20020404589 OF OFFICIAL RECORDS. 14. EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM THE UNITED STATES OF AMERICA, AS GRANTOR, TO THE CITY OF TUSTIN, CALIFORNIA, AS GRANTEE, RECORDED MAY 14, 2002 AS INSTRUMENT NO. 20020404594 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO THE DOCUMENT FOR FULL PARTICULARS.DOCUMENT RE-RECORDED APRIL 09, 2003 AS INSTRUMENT NO. 2003000392129 OF OFFICIAL RECORDS. NOT PLOTTED. 15. THE FACT THAT THE LAND LIES WITHIN THE BOUNDARIES OF THE MCAS TUSTIN REDEVELOPMENT PROJECT AREA, AS DISCLOSED BY THE DOCUMENT RECORDED JUNE 18, 2003 AS INSTRUMENT NO. 2003000710836 OF OFFICIAL RECORDS. NOT PLOTTED. 16. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "DECLARATION OF SPECIAL RESTRICTIONS" RECORDED JUNE 19, 2007 AS INSTRUMENT NO. 2007000390805 OF OFFICIAL RECORDS. NOT PLOTTED. 17. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED OCTOBER 04, 2006 AS INSTRUMENT NO. 2006000661919 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, SOURCE OF INCOME OR DISABILITY, TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(C), OF THE UNITED STATES CODES OR SECTION 12955 OF THE CALIFORNIA GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. NOT PLOTTED 18. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "NOTICE OF DELINQUENCY AND CLAIM OF LIEN" RECORDED APRIL 06, 2010 AS INSTRUMENT NO. 2010000160007 OF OFFICIAL RECORDS. NOT PLOTTED. 19. AN EASEMENT SHOWN OR DEDICATED ON THE MAP OF TRACT NO. 18197 RECORDED DECEMBER 10, 2020 AND ON FILE IN BOOK 990, PAGE 25-33, OF TRACT MAPS. FOR: PUBLIC STREET AND PUBLIC UTILITY PURPOSES: ARMSTRONG AVENUE, WARNER AVENUE, LEGACY ROAD, AIRSHIP AVENUE, FLIGHT WAY, HELBER WAY, VETERANS WAY, COMPASS AVENUE, SWAIM WAY, JOHN JOHNSON WAY AND PEEBLER WAY AND INCIDENTAL PURPOSES. PLOTTED HEREON. 20. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 21. AN ALTA/NSPS SURVEY OF RECENT DATE WHICH COMPLIES WITH THE CURRENT MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SU1VEYS. 22. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH WOULD BE DISCLOSED BY A CORRECT ALTA/NSPS SURVEY. 23. RIGHTS OF PARTIES IN POSSESSION. FOUND SPIKE & WASHER STAMPED "LS 6673" PER R1, FLUSH; ACCEPTED AS ARMSTRONG AVENUE CENTERLINE BEGINNING CURVE PER R1. 2 FOUND SPIKE & WASHER STAMPED "LS 6673" PER R2, FLUSH; ACCEPTED AS ARMSTRONG AVENUE & C STREET CENTERLINE INTERSECTION PER R2. 3 SEARCHED FOUND NOTHING, SET NOTHING; ARMSTRONG AVENUE & JOHN JOHNSON WAY CENTERLINE INTERSECTION ESTABLISHED BY RECORD RADIUS AND DISTANCE (360.47') FROM 2 PER R1 4 FOUND SPIKE & WASHER STAMPED "LS 5347" PER R1, FLUSH; ACCEPTED AS WARNER AVENUE & LEGACY ROAD CENTERLINE INTERSECTION PER R1. 5 SEARCHED FOUND NOTHING, SET NOTHING; WARNER AVENUE & VETERANS WAY CENTERLINE INTERSECTION ESTABLISHED BY RECORD DISTANCES FROM 1 PER R16 SEARCHED FOUND NOTHING, SET NOTHING; VETERANS WAY & JOHN JOHNSON WAY CENTERLINE INTERSECTION ESTABLISHED BY RECORD BEARING & DISTANCES FROM 6 PER R17 FOUND SPIKE & WASHER STAMPED "LS 6673" PER R1, FLUSH; ACCEPTED AS ARMSTRONG AVENUE CENTERLINE BEGINNING CURVE PER R1. 8 SCALE ( FEET ) 1 INCH = 30 FT. 30 30 60 15 0 DATUM STATEMENT: COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 NAD, (2017.50 EPOCH OCS GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE, MULTIPLY GROUND DISTANCE BY 0.99997671 (PROJECT SPECIFIC). FLOOD ZONE: THIS SURVEY LIES WITHIN ZONE "X" (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) AS SET OUT ON THE FLOOD INSURANCE RATE MAP FOR ORANGE COUNTY, COMMUNITY PANEL NUMBER 06059C 0279J, DATED DECEMBER 3, 2009. VICINITY MAP N.T.S. EXCEPTIONS/ENCROACHMENT NOTES: UTILITIES WITHOUT EASEMENT ON THE NORTHERLY BOUNDARY AS SHOWN. 1 WALL CROSSING THE PROPERTY LINE ON THE NORTHERLY BOUNDARY AS SHOWN. 2 UTILITIES WITHOUT EASEMENT ON THE SOUTHWESTERLY BOUNDARY AS SHOWN. 3 LINE AND CURVE TABLES C-0.0 CENTERLINE UTILITY PURVEYORS: ELECTRICAL: SOUTHERN CALIFORNIA EDISON 1325 S GRAND AVE. SANTA ANA, CA 92705 (800)-655-4555 GAS: SOUTHERN CALIFORNIA GAS COMPANY 1919 STATE COLLEGE BLVD. ANAHEIM, CA 92805 (877) 238-0092 (714) 634-3245 CABLE: TIME WARNER 14311 NEWPORT AVE. TUSTIN, CA 927803 (714) 418-4267 FRONTIER COMMUNICATION 7354 SLATER AVE. HUNTINGTON BEACH, CA 92647 (714) 969-6468 COX 6771 QUAIL HILL PKWY. IRVINE, CA 92603 (949) 546-1000 TELEPHONE COX COMMUNICATIONS 6771 QUAIL HILL PKWY. IRVINE, CA 92603 (949) 546-1000 AT&T (LAND LINE SERVICE) 3581 ORANGE ST RIVERSIDE , CA 92501 (909) 441-0499 WATER & SEWER: IRVINE RANCH WATER DISTRICT 3512 MICHELSON DR, IRVINE, CA 92612 (714) 453-5300 STORM DRAIN CITY OF TUSTIN (PUBLIC WORKS) 300 CENTENNIAL WAY TUSTIN, CA 92780 (714)-573-3150 SUBDIVIDER/DEVELOPER: CD-CW (TUSTIN) LLC 2215 MARKET ST. DENVER, CO 80205 ATTN: H. MCNEISH PHONE: 303.573.6500 PROPOSED EASEMENTS: A PROPOSED EASEMENT TO THE CITY OF TUSTIN FOR BIOSWALE ACCESS AND MAINTENANCE PURPOSES AND UTILITIES (PULLBOXES, VAULTS, CONDUITS) TO BE RESERVED IN SEPARATE DOCUMENT (4,260 SF) B PROPOSED EASEMENT FOR COMMON ACCESS AND EMERGENCY VEHICLE ACCESS NOTE: THE SUBDIVIDER SHALL RELEASE AND RELINQUISH TO THE CITY OF TUSTIN ALL VEHICULAR ACCESS RIGHTS ALONG ARMSTRONG AVENUE, WARNER AVENUE, VETERANS WAY, AND JOHN JOHNSON WAY, EXCEPT ALL APPROVED ACCESS LOCATIONS AND STREET INTERSECTIONS, AT NO COST TO THE CITY. AREA: GROSS AREA: 267,385 SF (6.14 AC) NET AREA: 263,125 SF (6.04 AC) F ET TA S O I C
A

I L AC F
LI V I NRO No.C-62159 RP

ETSI GER
K DRAM
ER
FSO

NO E OKSO
US R

LA GINEER
N
I S E 1/23/2026
Exhibit F
Schedule 3
2 City of Tustin/Confluent Development
Portion of Disp. Area 8
SCHEDULE 3
Form of Termination of Agreement

CITY OF TUSTIN OFFICIAL BUSINESS

REQUEST DOCUMENT TO BE

RECORDED AND TO BE EXEMPT FROM

RECORDING FEES PER GOVERNMENT
CODE §6103 AND §27383.

RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

City Manager
The City of Tustin
300 Centennial Way
Tustin, California 92780
Space Above This Line Reserved for Recorder’s Use

TERMINATION OF ACCESS EASEMENT AGREEMENT
[TO BE RECORDED AGAINST THE PORTION OF THE REAL PROPERTY FOR WHICH

A CERTIFICATE OF COMPLIANCE HAS BEEN RECORDED AND ONLY IF THE FINAL PARCEL MAP IS THEN RECORDED]
THIS TERMINATION OF ACCESS EASEMENT AGREEMENT (“Termination”) is made this ____________ day of_________, 20__, by the City of Tustin (“City”), in favor of _________________, a ___________ (“Developer”).

A. On______________, 20__, Developer, or its predecessor-in-interest, and the City recorded as Instrument No. ___________________ that certain Access Easement Agreement (“Agreement”) in the office of the County Clerk Recorder for Orange County, California, Official Records of Orange County, California (“Official Records”).

B. Final Parcel Map No. 2025-151 (“Final Parcel Map”) has now been recorded in the Official Records on __________, 20__ as Instrument No. _________ against certain real property including that certain real property legally described on Exhibit A attached hereto (“Parcel”) and a Certificate of Compliance for the Parcel has been executed by the City and recorded in the Official Records, therefore, pursuant to the terms of the Agreement, the City has agreed to execute this Termination in order to release the grant of easements in the Agreement.

C. All capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement.

Exhibit F
Schedule 3
2 City of Tustin/Confluent Development
Portion of Disp. Area 8
NOW THEREFORE, the City and Developer hereby agree as follows:

1. Termination. The provisions of the Agreement are hereby terminated and shall be of no further force or effect. Nothing in this Termination shall modify, affect, terminate or void the dedication of easements or the provision of offers to dedicate established by the Final Parcel Map as to the Parcel.

2. No Other Changes. Except as specifically set forth in this Termination, the terms of the Agreement shall remain unmodified and in full force and effect. Only those provisions of the Agreement specifically terminated herein shall be affected by this Termination.

3. Recordation; Successors and Assigns. This Termination shall be recorded in the Official Records against the Parcel, and is binding on and inures to the benefit of City and Developer, and their respective successors and permitted assigns.

4. Counterparts. This Termination may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument.

5. Recitals. The Recitals above are incorporated herein by reference. {signature pages follow}
Exhibit F
Schedule 3
S-1
City of Tustin/Confluent Development
Portion of Disp. Area 8
112047323.3
IN WITNESS WHEREOF, the City and Developer have executed this Termination of Access Easement Agreement on the date first above written.

Dated:

CITY OF TUSTIN:

By:

Name: Aldo E. Schindler
Title: City Manager
ATTEST:

By:

Erica N. Yasuda
City Clerk

APPROVED AS TO FORM
By:

David Kendig
City Attorney
Hepner & Myers LLP
Special Real Estate Counsel to the City
By:

Amy E. Freilich
{signature pages continue on following page}
Exhibit F
Schedule 3
S-2
City of Tustin/Confluent Development
Portion of Disp. Area 8
112047323.3
DEVELOPER: ________________, a ______________
By:________________________
Name:

Title:

By:________________________
Name:

Title:

Exhibit F
Schedule 3
S-3
City of Tustin/Confluent Development
Portion of Disp. Area 8
112047323.3

CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________________________________
On _________________ before me, ________________________________________________, Date (Insert Name and Title of the Officer) personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal and/or Stamp above Signature: ______________________________________ Signature of Notary Public
Exhibit F
Schedule 3
S-3
City of Tustin/Confluent Development
Portion of Disp. Area 8
112047323.3

CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________________________________
On _________________ before me, ________________________________________________, Date (Insert Name and Title of the Officer)
personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal and/or Stamp above Signature: ______________________________________ Signature of Notary Public
Exhibit F
Schedule 3
Exhibit A
City of Tustin/Confluent Development
Portion of Disp. Area 8
112047323.3

EXHIBIT A

LEGAL DESCRIPTION OF PARCEL FOR WHICH CERTIFICATE OF

COMPLIANCE WAS RECORDED
EXHIBIT G City of Tustin/Confluent Development
Development Agreement

EXHIBIT G

BIOSWALE EASEMENT
[Attached]
Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
1 City of Tustin/Confluent Development
Development Agreement

EXHIBIT G

BIOSWALE EASEMENT AGREEMENT

CITY OF TUSTIN OFFICIAL BUSINESS

REQUEST DOCUMENT TO BE

RECORDED AND TO BE EXEMPT FROM

RECORDING FEES PER GOVERNMENT
CODE §6103 AND §27383.

RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

City Manager
The City of Tustin
300 Centennial Way
Tustin, California 92780
Space Above This Line Reserved for Recorder’s Use

BIOSWALE AND UTILITY EASEMENT AGREEMENT
This BIOSWALE AND UTILITY EASEMENT AGREEMENT (this “Agreement”) is made this ____ day of __________, 202_, by and between CD-CW (TUSTIN) LLC, a Colorado limited liability company (“Developer”), and the CITY OF TUSTIN, a California municipal corporation (“City” or “Grantee”). Developer and Grantee are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
A. Immediately prior to the recording of this Agreement in the office of the County Clerk-Recorder for Orange County, California (“Official Records”), the City has conveyed to Developer that certain real property legally described on Schedule 1 attached hereto and made a part hereof (“Real Property”), and Developer intends to develop the Real Property with a senior congregate care facility comprised of an active adult residential facility and related improvements and an assisted living and memory care commercial facility and related improvements, together with on-site infrastructure and a complete accompanying set of high quality amenities, as further described in (1) that certain statutory Development Agreement between City and Developer recorded in the Official Records on ____________ as Instrument No. ____________ [{if amended add reference to amendment(s)} (as so amended,] (the “Development Agreement”], and (2) that certain Disposition and Development Agreement for Portion of Disposition Area 8 (Tustin Legacy) between Developer and City dated as of ___________, 20__(“ DDA”) [{if amended add reference to amendment(s)} (as so amended,] “DDA”), a memorandum of which DDA was recorded in the Official Records immediately prior to recording of this Agreement. The DDA Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
2 City of Tustin/Confluent Development
Development Agreement
contemplates that the City will execute and record in the Official Records one or two certificates of compliance for the Real Property upon the terms set forth therein. Each such certificate of compliance executed by the City and recorded in the Official Records is referred to herein as a “Certificate of Compliance”.

B. As partial consideration for the conveyance of the Real Property by the City to Developer, and in connection with the development of the Real Property, Developer has agreed to grant to the City a perpetual easement over the portion of the Real Property described in this Agreement for the construction, operation, maintenance, repair, replacement and use the Bioswale Improvements (defined below), as more fully provided herein.

C. Pursuant to the California Subdivision Map Act, the City has approved Tentative Parcel Map No. 2025-151, which is attached to this Agreement for reference as Schedule 2 and incorporated herein by this reference (“Tentative Parcel Map”). The Tentative Parcel Map identifies, under “Proposed Easements,” an area designated as Area “A” for the bioswale and utilities easement contemplated by this Agreement. The legal description and plat of the easement area burdened by this Agreement are attached hereto as Schedule 3 and incorporated herein by this reference. The Tentative Parcel Map, with such additional modifications as may be requested by Developer or required by the City is proposed to be recorded in the Official Records upon approval thereof by the City and Orange County and, following its recording shall be referred to as the “Final Parcel Map”. Developer shall have the right, but not the obligation, to cause recording of the Final Parcel Map. Notwithstanding any subsequent recording in the Official Records of the Final Parcel Map, the easement area as legally described on Schedule 3 shall control the location and extent of the easement granted herein and in the Final Parcel Map and is referred to herein as the “Bioswale Easement Area” and the Final Parcel Map shall reflect the Bioswale Easement Area as legally described in this Agreement.

D. This Agreement is intended to preserve and maintain the obligation of Developer and each and every Person owning or acquiring fee title to all or any portion of the Real Property (“Successor Owner”), and each and every Person claiming by, through or under Developer or any Successor Owner, to the terms, covenants, restrictions and obligations set forth in this Agreement.

E. The Parties desire to enter into and record this Agreement to grant the City the easement rights necessary for the Bioswale Improvements, to establish the City’s maintenance rights and to burden the Bioswale Easement Area for the benefit of the City and its successors and assigns.

NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer hereby covenants, and Developer and City hereby agree, as follows:

1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Agreement by this reference.

2. Grant of Easement. Developer hereby grants and conveys to the City and its successors and assigns, for the benefit of the City and the City’s municipal stormwater, drainage Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
3 City of Tustin/Confluent Development
Development Agreement
and water quality system, a perpetual, non-exclusive easement in gross over, under, upon, through and across the Bioswale Easement Area for the purpose of reconstructing, operating, using, inspecting, maintaining, repairing, replacing, improving, modifying and accessing the improvements therein, including all related appurtenances, utilities, inlets, outlets, underdrains, pipes, structures, filtration media, planting materials, irrigation, erosion control measures, and surface and subsurface drainage and water quality facilities (collectively, “Bioswale Improvements”), together with all rights reasonably necessary for the full exercise of the rights granted herein.

3. Description of Bioswale Easement Area. The Bioswale Easement Area is legally described and depicted on Schedule 3 attached hereto and incorporated herein by this reference. .

4. Priority. The easement rights granted to the City under this Agreement shall have priority over the lien and charge of any mortgage, deed of trust, construction deed of trust, mechanic’s lien, assessment lien, judgment lien or other lien or encumbrance recorded against the Real Property after the recordation of this Agreement. Developer shall not grant, create, permit or suffer any lien, encumbrance, easement, license, covenant or other right that would interfere with, impair, subordinate, extinguish or otherwise adversely affect the rights granted to the City under this Agreement without the City’s prior written consent, which may be withheld in the City’s sole discretion.

5. Construction Access. Developer hereby grants to the City and its officers, employees, agents, representatives, consultants, contractors, subcontractors, successors and assigns the right to enter the Bioswale Easement Area and such portions of the Real Property immediately adjacent thereto as are reasonably necessary to exercise the City’s rights under this Agreement.

6. City’s Rights Under Easement City shall have the right to use the Bioswale Easement Area and adjoining portions of the Real Property reasonably necessary for access, and to construct, install, reconstruct, operate, use, inspect, maintain, repair, replace, improve, modify, remove and access the Bioswale Improvements as provided in Sections 2 and 5 above. Except in an emergency, the City shall use reasonable efforts to provide prior notice to Developer before entering portions of the Real Property outside the Bioswale Easement Area. The City’s use of any area outside the Bioswale Easement Area shall be limited to the area reasonably necessary to exercise the City’s rights and shall be conducted in a manner intended to minimize unreasonable interference with Developer’s use of the Real Property.

7. Restoration by City. If the City disturbs portions of the Real Property outside the Bioswale Easement Area in the course of exercising its rights under this Agreement, the City shall restore the disturbed area as nearly as reasonably practicable to the condition existing immediately before the City’s work. The City shall have no obligation to restore the Bioswale Easement Area in a manner inconsistent with the design, operation, maintenance, repair or replacement of the Bioswale Improvements.

8. Developer’s Rights and Restrictions. Developer reserves all rights in the Bioswale Easement Area and the Real Property that may be used and enjoyed without interfering with, Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
4 City of Tustin/Confluent Development
Development Agreement
impairing or increasing the cost or burden of the rights granted to the City under this Agreement in any meaningful respect. Developer shall not use, or permit the use of, the Bioswale Easement Area in any manner that interferes with the construction, operation, use, inspection, maintenance, repair, replacement, improvement, modification, removal or access of the Bioswale Improvements.

Developer shall not, without the City’s prior written consent in its sole discretion, construct, install, place, maintain or permit any building, wall, fence, footing, foundation, retaining wall, pavement, hardscape, utility, tree, deep-rooted vegetation, sign, lighting, grading, fill, excavation, drainage facility, private stormwater facility, encroachment or other structure, improvement or condition within the Bioswale Easement Area or elsewhere on the Real Property that will interfere with, damage, obstruct, impair access to, alter drainage to or from, or increase the City’s cost to operate, inspect, maintain, repair, replace or remove the Bioswale Improvementsin any meaningful respect.

Developer shall not alter the grade, drainage pattern, tributary area, inflow, outflow, water quality function, filtration function, planting palette, soil media, underdrain, inlet, outlet, overflow structure or other component of the Bioswale Improvements without the City’s prior written consent in its sole discretion. Developer shall promptly remove, at Developer’s sole cost and expense, any encroachment or condition that violates this Agreement. If Developer fails to do so within the time reasonably specified by the City, or immediately in an emergency, the City may remove the encroachment or condition and Developer shall reimburse the City for all costs incurred.

9. City Indemnity. The City shall indemnify and hold harmless Developer and its successors and assigns owning all or any portion of the Real Property from and against third party claims for bodily injury or property damage to the extent caused by the City’s active negligence or willful misconduct in the City’s exercise of its rights under this Agreement. The foregoing indemnity shall not apply to the extent of injury or damage caused by Developer or any person acting by, through or under Developer.

10. Covenants Running with the Land. This Agreement, the easement rights granted herein and the covenants, restrictions and obligations imposed herein shall be perpetual, shall constitute equitable servitudes and covenants running with the land, shall burden the Real Property and each portion thereof, and shall be binding upon Developer and each and every person or entity owning or acquiring fee title to all or any portion of the Real Property, and each and every person or entity claiming by, through or under Developer or any such successor owner, for the benefit of the City and its successors and assigns.

11. Successors; Assignment. The City may assign its rights under this Agreement to any successor public agency or other governmental entity responsible for the City’s municipal stormwater, drainage or water quality system. Developer’s obligations under this Agreement shall automatically bind Developer’s successors and assigns owning all or any portion of the Real Property. No transfer of the Real Property or any portion thereof shall release Developer from obligations that accrued before the effective date of the transfer, and no transfer shall release any successor owner from obligations arising during its period of ownership.

12. Enforcement; Remedies. The City shall have the right to enforce this Agreement by any proceeding at law or in equity, including specific performance, injunctive relief, actual damages (but specifically excluding consequential, punitive or special damages), recovery of costs Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
5 City of Tustin/Confluent Development
Development Agreement
and any other remedy available under this Agreement or applicable law. The rights and remedies of the City are cumulative and not exclusive. No delay or failure by the City to exercise any right or remedy shall constitute a waiver of that right or remedy. In the event of a breach of any provision of this Agreement, City may demand by written notice (“Default Notice”) that the violation be cured. Except for utility service interruptions or similar emergencies which shall not require advance notice or cure periods hereunder, if Developer does not cure the violation within thirty (30) days after receipt of the Default Notice, or if such default is of a kind which cannot reasonably be cured within thirty (30) days, and Developer does not within such thirty (30) day period commence to cure such default and diligently thereafter prosecute such cure to completion, then City shall have the right, but not the obligation, to (i) institute legal action against Developer for specific performance, injunction, declaratory relief, actual damages (but specifically excluding consequential, punitive or special damages), or any other remedy provided by law, (ii) pay any sum owed by Developer to the party entitled to such payment and/or (iii) enter upon the Bioswale Easement Area and to summarily abate, remove or otherwise remedy any improvement, and/or repair or modify any improvement which violates the terms of this Agreement and/or perform any obligation of Developer under this Agreement to be performed thereon. Developer shall pay to the City, within thirty (30) calendar days of written demand by City (which demand is accompanied by appropriate supporting documentation), an amount equal to all reasonable costs and expenses incurred by City in undertaking any of the actions permitted by the preceding sentence, including without limitation, third party costs and City hourly wages and benefits reasonably allocable to the time expended by City in taking such actions, and if not paid within such thirty (30) calendar day period, together with interest thereon at the rate equal eight percent (8%) per annum, from the date such costs and expenses were advanced or incurred by the City until paid. The rights and remedies given to City by this Agreement shall be deemed to be cumulative and no one of such rights and remedies shall be exclusive of any of the others, or of any other right or remedy at law or in equity which City might otherwise have by virtue of a default under this Agreement, and the exercise of one such right or remedy by any City shall not impair the City’s standing to exercise any other right or remedy. Notwithstanding any limitation or exclusion of consequential, punitive, exemplary, or special damages in this Agreement, such limitation or exclusion shall not limit or impair City’s right to seek specific performance, injunctive relief, recovery of actual out-of-pocket costs, costs of repair or restoration, costs incurred in exercising self-help or enforcement rights, indemnity obligations, or any other amounts expressly payable or recoverable under this Agreement.

13. Notices. All notices required or permitted under this Agreement shall be in writing and shall be delivered by personal delivery, reputable overnight courier, or certified mail, return receipt requested, postage prepaid, addressed to the Parties at the addresses set forth below, or to such other address as a Party may designate by written notice given in accordance with this Section. Notice shall be deemed given upon personal delivery, one (1) business day after deposit with an overnight courier, or three (3) business days after deposit in the United States mail.

If to City:

City of Tustin
300 Centennial Way
Tustin, California 92780
Attn: City Manager
Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
6 City of Tustin/Confluent Development
Development Agreement
With a copy to:

City of Tustin
300 Centennial Way
Tustin, California 92780
Attn: City Attorney
If to Developer:

CD-CW (TUSTIN) LLC
____________________________
____________________________
Attn: _______________________
With a copy to:
____________________________
____________________________
Attn: _______________________

14. Attorneys’ Fees. If any action or proceeding is commenced to enforce or interpret this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees, expert witness fees, consultant fees, costs and expenses from the non-prevailing Party.

15. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any action or proceeding arising out of or relating to this Agreement shall be in the Superior Court of the State of California for the County of Orange.

16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect to the maximum extent permitted by law.

17. Amendment; Termination. This Agreement may be amended or terminated only by a written instrument executed by the City and the then-owner of the portion of the Real Property burdened by the Bioswale Easement Area and recorded in the Official Records. The City may execute any amendment or termination in its governmental capacity and no amendment or termination shall be effective until recorded in the Official Records.

18. Estoppel Certificate. Each Party hereby covenants that within twenty (20) business days of the written request of any other Party it will issue to such other Party an Estoppel Certificate stating: (a) whether the Party to whom the request has been directed knows of any default under this Agreement and if there are known defaults specifying the nature thereof; (b) whether to its knowledge this Agreement has been assigned, modified, or amended in any way (and if it has, then stating the nature thereof); and (3) whether to the Party’s knowledge this Agreement is as of that Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
7 City of Tustin/Confluent Development
Development Agreement
date is in full force and effect. In no event shall an estoppel certificate be requested more often than two times per year.

19. Excuse for Non-Performance. Each Party shall be excused from performing any obligation or undertaking provided in this Agreement except any obligation to pay any sum of money under the applicable provisions hereof, in the event and so long as the performance of any such obligation is prevented or delayed, retarded, or hindered by act of God, fire, earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment, facilities, materials, or supplies in the ordinary course on the open market; failure of normal transportation strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders of governmental or civil or military authorities.

20. Effect on Third Parties. Except as herein specifically provided, no rights, privileges or immunities conferred upon the Parties to this Agreement shall inure to the benefit of any homeowner nor shall any person be deemed to be a third-party beneficiary of any of the provisions contained herein.

21. Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. Prior agreements, representations, negotiations, and understandings of the Parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

22. Recording. This Agreement shall be recorded in the Official Records against the Real Property.

23. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one instrument.

24. Authority. Each person executing this Agreement on behalf of a Party represents and warrants that such person has full power and authority to execute this Agreement and to bind the Party on whose behalf such person executes this Agreement.

25. References to Sections, Clauses, Schedules and Exhibits. Unless otherwise indicated, references in this Agreement to sections, clauses, schedules, and exhibits are to the same contained in or attached to this Agreement and all exhibits and schedules referenced in this Agreement are incorporated in this Agreement by this reference as though fully set forth in this Section.
[Signature pages follow.]
Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
S-1 City of Tustin/Confluent Development
Development Agreement
IN WITNESS WHEREOF, Developer and City have executed this Bioswale Easement Agreement as of the date first written above.

CITY:

CITY OF TUSTIN,
a California municipal corporation
By: ______________________________
Name: Aldo E. Schindler
Title: City Manager
ATTEST:

By: ______________________________
Erica N. Yasuda, City Clerk
APPROVED AS TO FORM:

By: ______________________________
David E. Kendig, City Attorney
Hepner & Myers LLP
Special Real Estate Counsel to the City
By: ______________________________
Amy E. Freilich
DEVELOPER:

CD-CW (TUSTIN) LLC,
a Colorado limited liability company
By: ______________________________
Name: ____________________________
Title: _____________________________
Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
S-2 City of Tustin/Confluent Development
Development Agreement
CERTIFICATE OF ACCEPTANCE OF EASEMENT (City of Tustin)
This is to certify that the interest in real property conveyed by the BIOSWALE EASEMENT AGREEMENT dated ____________, 202_ from CD-CW (TUSTIN) LLC, a Colorado limited liability company, to the CITY OF TUSTIN, a California municipal corporation and governmental agency, is hereby accepted by the undersigned officer on behalf of the CITY OF TUSTIN pursuant to authority conferred by Resolution No. 95-39 of the CITY OF TUSTIN adopted on April 3, 1995, and the grantee consents to recordation thereof by its duly authorized officer.

Dated: ____________________ ______________________________ Erica N. Yasuda, City Clerk
Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
S-3 City of Tustin/Confluent Development
Development Agreement

CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________________________________
On _________________ before me, ________________________________________________, Date (Insert Name and Title of the Officer)
personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal and/or Stamp above Signature: ______________________________________ Signature of Notary Public
Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
S-4 City of Tustin/Confluent Development
Development Agreement

STATE OF COLORADO )
CITY AND ) SS:

COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this ____ day of July, 2026, by Marshall M. Burton, as Chief Executive Officer of Confluent Development, LLC, a Colorado limited liability company, as Manager of CD Manager LLC, a Colorado limited liability company, as Manager of CD-CW (Tustin) LLC, a Colorado limited liability company.

WITNESS my hand and official seal.

Notary Public
My Commission Expires:
[SEAL]
Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
Schedule 1 City of Tustin/Confluent Development
Development Agreement
SCHEDULE 1
Legal Description of Real Property
The Land referred to herein below is situated in the City of Tustin, County of Orange, State of California, and is described as follows:

LOT 14, INCLUSIVE OF TRACT NO. 18197 AS SHOWN ON A MAP FILED IN BOOK 990, PAGES 25 THROUGH 33, INCLUSIVE OF TRACT MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

Excluding therefrom the rights and interests reserved by the City in Section 2 of the Quitclaim Deed for the Real Property made by the City in favor of Developer recorded immediately prior to recording of this Agreement.

For conveyancing purposes only: APN 430-481-12
Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
Schedule 2 City of Tustin/Confluent Development
Development Agreement
SCHEDULE 2
Tentative Parcel Map No. 2025-151
[Proposed Easements Area “A” identifies the Bioswale Easement Area.] 8"W
12"W
12"W
E E E

E E E E
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E E E E E E E E E E E E E E E E E ST ST ST ST ST ST ST ST ST D
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RWR PB

PB RWR WARNER AVE JOHN JOHNSON WAY
7 (37.55' R1) 37.55'
6 4
1 N17°00'00".E 432.38' (432.38' R1) L=112.35'
(L=490.98' R1)
(L=603.35' R1) L=603.35'
N 64°05'52" W 280.62' (280.62' R1)
Δ=16°06'48"
(Δ=16°06'56" R1)
TELEPHONE PULL BOX (NE COR) 3.0' SW'LY OF PL ELECTRIC PULL BOX (NE COR) 2.8' SW'LY OF PL TV PULL BOX (NE COR) 3.3' SW'LY OF PL TELEPHONE VAULT (NE COR) 2.0' SW'LY OF PL WALL (NE COR END) 1.2' SW'LY OF PL ELECTRIC PULL BOX (SE COR) 6.5' NE'LY OF PL CULVERT BOX (SW COR) 2.4' NE'LY OF PL
IRRIGATION BOX (SE COR) 5.7' NE'LY OF PL WALL (N'LY FACE) 0.1' SW'LY OF PL WALL (N'LY FACE) CROSSING PL WALL (NW COR END) 8.4' NE'LY OF PL

IRRIGATION CONTROL BOX
(NE COR) 3.2' NW'LY OF PL SEWER MAN HOLE (CENTER) 4.0' SE'LY OF PL PROPERTY LINE & RIGHT OF WAY PROPERTY LINE & RIGHT OF WAY DIRT
SIDEWALK (BACK) 0.1' NE'LY OF PL
SIDEWALK (BACK) 0.1' NE'LY OF PL
2 ARMSTRONG AVE PROPOSED 5-STORY ACTIVE ADULT BUILDING FF ELEV = ± 55.80 FG ELEV = ± 54.47 PROPOSED 2-STORY ASSISTED LIVING & MEMORY CARE BUILDING FF ELEV = ± 55.80 FG ELEV = ± 54.80 EX 12" DW
EX 72" SD
EX 15" SS C/L
C/L
C/L
C/LL=23.37', R=15.00' N23°14'34"E
L=59.44'
EXISTING 36" SD EX. 36" SD
EX 10" SS
EX 10" DW EX. 8" SS EX. 10" WA

EX RW

EX ELEC
EX 24" SD
EX 10" WA
EX 8" SS (NOT A PART) (NOT A PART)
L=47.60', R=20.00'

37.02' N 20°54'17" W
60 65
70 75
56 57
58 59
61 62
63 64
66 67
68 69
71 72
73 74
76 77
55 54
53 55
54 53
51 55
56 57
58 59
=L 701 4' 4. 3= R, 6. 11 ' 6 S64°38'16"E L=6.95'
N25°54'08"E
L=126.17' L=303.67' (L=303.67' R1) L=308.03' (L=308.03' R1) (R=1982.00' R1) R=1982.00' (R=1954.00' R1) R=1954.00' N 64°05'52" W 201.98' (201.98' R1) (Δ=8°54'16" R1) Δ=8°54'16" Δ=8°54'16" (Δ=8°54'16" R1) Δ=5°48'14" R=1470.00' (R=1470.00' R1) (Δ=5°48'14" R1) L=148.91' (L=148.91' R1) (Δ=20°05'37" R1)
(R=1400.00' R1) R=1400.00' Δ=20°05'40" Δ=4°35'52" (L=112.37' R1) (Δ=4°35'55" R1) (Δ=24°41'32" R1) Δ=24°41'32" (302.17' R1) 302.17' N 75°31'01" W
(L=96.90' R1)
(R=1460.00' R1)
Δ=3°48'10"
N50°49'29"W

50.00' (50.00' R1)
(114.22' R1) N39°10'31" E 114.22'
(Δ=12°32'28" R1) Δ=12°32'28" R=1348.04' (R=1348.04' R1) L=295.06' (L=295.06' R1)

55.000
53 53
54 54
59 54 PROPOSED LOT LINE PROPOSED LOT LINE PROPOSED (PRIVATE) MODULAR WETLAND STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 8" SEWER PROPOSED (PRIVATE) 6" FIRE WATER AND BACKFLOW PREVENTER PROPOSED (PRIVATE) 6" FIRE WATER PROPOSED (PRIVATE) OLDCASTLE STORMCAPTURE PROPOSED (PRIVATE) 4" DOMESTIC WATER AND BACKFLOW PREVENTER PROPOSED (PRIVATE) 8" SEWER PROPOSED (PRIVATE) 48" STORM DRAIN DEMOLISH PORTION OF EXISTING STORM DRAIN LATERAL AND CATCH BASIN PROPOSED (PRIVATE) 8" SEWER

20.9'

23.7'

15.9'

11.6'

15.9' 70.4'

50.3'

12.8' 42.7'

35.0'

70.1'

25.3' 46.1'

24.6' 22.7'

25.7'

11.8' 15.4'
27' DRIVEWAY

17.2'

14.2' 27' DRIVEWAY

20.0'

20.0' PARCEL 1 121,531 SF (2.79 AC) PARCEL 2 145,854 SF (3.35 AC) 3 1
4 P/L P/L P/L PROPOSED (PRIVATE) 48" STORM DRAIN
N25°54'08"E
L=83.62' PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 8" SEWER P/L
N 25°58'17" W

38.45'
(38.45' R1)
P/L PROPOSED (PRIVATE) 6" FIRE WATER PROPOSED (PRIVATE) 6" DOMESTIC WATER PROPOSED (PRIVATE) 48" STORM DRAIN B
B
B
B B
A
A
(37.02' R1)
3 N 39°10'31" E 205.21' (205.21' R1) N50°40'29"W

52.00'
(Δ=14°45'07" R1) Δ=14°45'07" Δ=32°59'59"
(Δ=32°59'59" R1) R=1400.04' (R=1400.04' R1)
(L=360.47' R1) L=360.47' 1914
L=806.36' (L=806.36' R1)
(L=393.79' R1) L=393.73' 19 P/L 234.24' (234.24' R1) N 73°00'08" W 206.24' (206.24' R1) N 73°00'08" W

5.0' (NOT A PART)

VETERANS WAY
5 1
(Δ=3°48'10" R1) PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE

6.0' REMOVE PORTION OF EXISTING STORM DRAIN LATERAL AND CATCH BASIN; CAP STORM DRAIN AT PROPERTY LINE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) 48" STORM DRAIN CAP EXISTING STORM DRAIN CONNECTOR PIPE AT PROPERTY LINE 1 L=96.90' R=1460.00'
19 PROP CB PROP CB PROP CB PROP CB PROP CB PROP CB PROP CB TRACT 17144 APN: 430-272-12 TRACT 18197 APN: 430-481-15 19 TRACT 18197 APN: 430-481-24 N17°00'00"E 133.00' (133.00' R1) N 13°56'50" E N 17°00'00" E 138.72' (138.72' R1) 3 2
56 57
58 57
58 5959
56 57
58 59
59 58
56 56
57 57 55 55
54 55 55 54 56 56 PROPOSED (PRIVATE) OLDCASTLE STORMCAPTURE Δ=10°42'21" R=170.77' (L=31.91') (R=170.77') (R1) (Δ=10°42'21") L=31.91' 6 7 L=26.48' (Δ=07°43'15") (R1) (R=196.48') (L=26.48') R=196.48' Δ=13°06'14" Δ=07°43'15" R=41.00' (L=9.38') (R=41.00') (R1) (Δ=13°06'14") L=9.38' 45 L=15.91' (Δ=15°27'12") (R1) (R=59.00') (L=15.91') R=59.00' Δ=02°21'00" Δ=15°27'12" R=1472.00' (L=60.37') (R=1472.00') (R1) (Δ=02°21'00") L=60.37' 3 DELTA Δ=14°11'50" CURVE 1 LENGTH L=10.16' RADIUS R=41.00' (L=10.16') LENGTH RADIUS (R=41.00') RECORD (R1) DELTA (Δ=14°11'50") 2 L=14.78' (Δ=14°20'59") (R1) (R=59.00') (L=14.78') R=59.00' Δ=14°20'59" (R1) (N85°15'23"E) (0.11') 0.11' N38°14'17"E N85°15'23"E 4.92' (4.92') (N38°14'17"E) (R1) (N85°15'26"E) (R1) (37.48') 37.48' N51°45'31"W N85°15'26"E 32.83' (32.83') (N51°45'31"W) (R1) (36.45') (N36°37'39"W) 1 LINE DISTANCE BEARING N36°37'39"W 36.45' RECORD BEARING DISTANCE (R1) (R1) (N68°46'50"W) (36.20') 36.20' N68°46'50"W 2 3456
RW
8"W
12"W
12"W
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E
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E E E EX EX EX

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E E E E
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JT JT JT

JT JT JT JT JT

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JT JT JT JT JT
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EX
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EX EX EX EX EX EX

E E E E E

JT JT JT JT JT JT JT JT JT
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TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL

ST ST ST ST
SL
C C C

E E E E E E E E E E E E

ST ST ST ST ST
D
S
S
S
S
S
S
RWR
PB
PB

PB RWR WARNER AVE JOHN JOHNSON WAY
1 5
7 (37.55' R1) 37.55'
6 4
1 N17°00'00".E 432.38' (432.38' R1)
(L=490.98' R1) L=491.00'
(L=603.35' R1)
N50°49'29"W 185.10' (185.10' R1)
L=603.35'
N 64°05'52" W 280.62' (280.62' R1)
TELEPHONE PULL BOX (NE COR) 3.0' SW'LY OF PL ELECTRIC PULL BOX (NE COR) 2.8' SW'LY OF PL TV PULL BOX (NE COR) 3.3' SW'LY OF PL TELEPHONE VAULT (NE COR) 2.0' SW'LY OF PL WALL (NE COR END) 1.2' SW'LY OF PL ELECTRIC PULL BOX (SE COR) 6.5' NE'LY OF PL CULVERT BOX (SW COR) 2.4' NE'LY OF PL
IRRIGATION BOX (SE COR) 5.7' NE'LY OF PL WALL (N'LY FACE) 0.1' SW'LY OF PL WALL (N'LY FACE) CROSSING PL WALL (NW COR END) 8.4' NE'LY OF PL ELECTRIC MANHOLE (CENTER) 3.2' SW'LY OF PL

IRRIGATION CONTROL BOX
(NE COR) 3.2' NW'LY OF PL SEWER MAN HOLE (CENTER) 4.0' SE'LY OF PL PROPERTY LINE & RIGHT OF WAY PROPERTY LINE & RIGHT OF WAY DIRT
N46°41'40"W
1853.44' (GPS TIE)
SIDEWALK (BACK) 0.1' NE'LY OF PL
SIDEWALK (BACK) 0.1' NE'LY OF PL SIDEWALK (BACK) AT PL 1 2 1 1
ARMSTRONG AVE PROPOSED 5-STORY ACTIVE ADULT BUILDING FF ELEV = ± 55.80 FG ELEV = ± 54.47 PROPOSED 2-STORY ASSISTED LIVING & MEMORY CARE BUILDING FF ELEV = ± 55.80 FG ELEV = ± 54.80 EX 12" DW
EX 36" SD
EX 72" SD
EX 15" SS C/L
C/L
C/L
C/L L=23.37', R=15.00' N23°14'34"E
L=59.44'
EXISTING 36" SD EX. 36" SD
EX 10" SS
EX 10" DW EX. 8" SS

EX RW

EX ELEC

EX RW
EX 24" SD
EX 10" WA
EX 8" SS (NOT A PART)
L=47.60', R=20.00'

37.02' N 20°54'17" W
60 65
70 75
56 57
58 59
61 62
63 64
66 67
68 69
71 72
73 74
76 77
55 54
53 55
54 53
51 55
56 57
58 59
=L 701 44. ' 3= R, 66. 11 ' S64°38'16"E L=6.95'
N25°54'08"E
L=126.17' L=303.67' (L=303.67' R1) L=308.03' (R=1954.00' R1) R=1954.00' N 64°05'52" W 201.98' (201.98' R1) (Δ=8°54'16" R1) Δ=8°54'16" Δ=5°48'14" R=1470.00' (R=1470.00' R1) (Δ=5°48'14" R1) L=148.91' (L=148.91' R1) (Δ=20°05'37" R1)
(R=1400.00' R1) R=1400.00' Δ=20°05'40" (L=112.37' R1) (Δ=4°35'55" R1) (Δ=24°41'32" R1) Δ=24°41'32" (L=96.90' R1)
(R=1460.00' R1)
Δ=3°48'10"
N50°49'29"W

50.00' (50.00' R1)
(114.22' R1) N39°10'31" E 114.22'
(Δ=12°32'28" R1) Δ=12°32'28" R=1348.04' (R=1348.04' R1) L=295.06' (L=295.06' R1)

55.000
53 53
54 54
59 54 PROPOSED LOT LINE PROPOSED LOT LINE PROPOSED (PRIVATE) MODULAR WETLAND STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 8" SEWER PROPOSED (PRIVATE) 6" FIRE WATER AND BACKFLOW PREVENTER PROPOSED (PRIVATE) 6" FIRE WATER PROPOSED (PRIVATE) OLDCASTLE STORMCAPTURE PROPOSED (PRIVATE) 4" DOMESTIC WATER AND BACKFLOW PREVENTER PROPOSED (PRIVATE) 8" SEWER PROPOSED (PRIVATE) 48" STORM DRAIN DEMOLISH PORTION OF EXISTING STORM DRAIN LATERAL AND CATCH BASIN PROPOSED (PRIVATE) 8" SEWER

20.9'

23.7'

15.9'

11.6'

15.9' 70.4'

50.3'

12.8' 42.7'

35.0'

70.1'

25.3' 46.1'

24.6' 22.7'

25.7'

11.8' 15.4'
27' DRIVEWAY

17.2'

14.2' 27' DRIVEWAY

20.0'

20.0' PARCEL 1 121,531 SF (2.79 AC) PARCEL 2 145,854 SF (3.35 AC) 3 1
6 4
P/L P/L P/L PROPOSED (PRIVATE) 48" STORM DRAIN
N25°54'08"E
L=83.62' PROPOSED (PRIVATE) 48" STORM DRAIN PROPOSED (PRIVATE) 8" SEWER P/L
N 25°58'17" W

38.45'
(38.45' R1)
P/L PROPOSED (PRIVATE) 6" FIRE WATER PROPOSED (PRIVATE) 6" DOMESTIC WATER PROPOSED (PRIVATE) 48" STORM DRAIN B
B
B
B B
A
A
(37.02' R1)
3 N 39°10'31" E 205.21' (205.21' R1) N50°40'29"W

52.00'
(Δ=14°45'07" R1) Δ=14°45'07" Δ=32°59'59"
(Δ=32°59'59" R1) R=1400.04' (R=1400.04' R1)
(L=360.47' R1) L=360.47' 1914
L=806.36' (L=806.36' R1)
(L=393.79' R1) L=393.73'
EX 6" RW 19 P/L 234.24' (234.24' R1) N 73°00'08" W 206.24' (206.24' R1) N 73°00'08" W

5.0'

VETERANS WAY
5 1
(Δ=3°48'10" R1) PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE

6.0' REMOVE PORTION OF EXISTING STORM DRAIN LATERAL AND CATCH BASIN; CAP STORM DRAIN AT PROPERTY LINE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) STORM DRAIN TRANSITION STRUCTURE PROPOSED (PRIVATE) 48" STORM DRAIN CAP EXISTING STORM DRAIN CONNECTOR PIPE AT PROPERTY LINE 1 L=96.90' R=1460.00'
19 PROP CB PROP CB PROP CB PROP CB PROP CB PROP CB PROP CB TRACT 17144 APN: 430-272-12 (NOT A PART) TRACT 17404 APN: 430-371-20 N17°00'00"E 133.00' (133.00' R1) N 13°56'50" E N 17°00'00" E 138.72' (138.72' R1) 3 2
56 57
58 57
58 5959
56 57 58
59 59
58 56
56 57 57 55 55
54 55 55 54 56 56 PROPOSED (PRIVATE) OLDCASTLE STORMCAPTURE TENTATIVE PARCEL MAP 2025-151 DATE: REVIEWED BY: DESIGNED BY: JIT DRAWN BY: JTKA PROJECT NO.

CK BY DATE NO. REVISION CHECKED BY: JIT 1/19/2026 SHEET NO. Save Date: Plot Date: 1/19/2026 4:04 PM 1/19/2026 4:25 PM
By: Rxka P:\C\CONFCDMS0012\0400CAD\SHEETS\EC\Entitlements\Tentative Parcel Map\EC-001-CV-CONFCDMS0012-TPM.dwg Robyn Katherman By: File:
® CONFCDMS-0013

CLEARWATER AT TUSTIN LEGACY
TENTATIVE PARCEL MAP 2025-151
LOT 14, TRACT NO. 18197, M.M. 990/25-33 TUSTIN, CA 92606 17542 17th St., Suite 150 Tustin, CA, 92780 Phone: 714.665.4500 OWNER: CITY OF TUSTIN, 300 CENTENNIAL WAY TUSTIN, CA 92780 ATTN: PROJECT ADDRESS: LOT 14, TRACT NO. 18197, M.M. 990/25-33 TUSTIN, CA 92606 CIVIL ENGINEER: DAVID EVANS AND ASSOCIATES, INC. 25152 SPRINGFIELD COURT, SUITE 350 SANTA CLARITA, CA 91355 ATTN: JONATHAN TAPIA PHONE 661.284.7436 E-MAIL: [email protected] ARCHITECT: HPI ARCHITECTURE 115 22ND STREET NEWPORT BEACH, CA 92663 PHONE: 949.675.6442 BASIS OF BEARINGS: THE BEARING SHOWN HEREON ARE BASED ON THE CALCULATED BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 6529 AND GPS NO. 6535 BEING NORTH 03° 46' 13" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. BENCHMARK: THE ELEVATIONS SHOWN HEREON ARE BASED UPON THE ORANGE COUNTY PUBLIC WORKS VERTICAL CONTROL DATA SHEET BENCHMARK NO. 3A-107-77, (YEAR 2013). 3 3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "3A-107-77" IN THE WESTERLY CORNER OF A 4 FT BY 11 FT CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHERLY CORNER OF THE INTERSECTION OF REDHILL AVENUE AND WARNER AVENUE, 47 FT NORTHEASTERLY OF THE CENTERLINE MEDIAN ALONG WARNER AND 105 FT NORTHWESTERLY OF THE CENTERLINE OF REDHILL AVENUE. MONUMENT IS LEVEL WITH THE SIDEWALK. ELEVATION = 62.047' CONTOURS SHOWN HEREON ARE 1' INTERVAL. BOUNDARY/PARCEL LINE PROPOSED PARCEL LINE EASEMENT EXISTING UTILITIES LEGEND EXISTING R/W SITE . 5 55 DYER RD

BARRANCA PKWY RED HILL AVE EDINGER AVE

EDINGER AVE

TUSTIN RANCH RD

VON KARMA

AVE WARNER AVE

ARMSTRONG AVE
VETERANS WAY 261 405 WARNER AVE

SAN DIEGO
FRWY

JAMBOREE RD

COSTA MESA FRWY

SANTA ANA FRWY

EASTERN

TRANSPORTATION
CORRIDOR R1.....INDICATES DATA PER TRACT NO. 18197, M.B. 990/25-33 R2.....INDICATES DATA PER TRACT NO. 17144, M.B. 906/5-14 ( ) INDICATES REFERENCE RECORD DATA. INDICATES RECORD DATA. R1 INDICATES DESCRIPTION NUMBER. 1 LEGAL DESCRIPTION: MONUMENT NOTES: INDICATES FOUND MONUMENT, AS NOTED. THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 14, INCLUSIVE OF TRACT NO. 18197 AS SHOWN ON A MAP FILED IN BOOK 990, PAGES 25 THROUGH 33, INCLUSIVE OF TRACT MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ANY AND OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCABONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING FOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAT THE LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATED ANY SUCH WELL OR MINES; BUT WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OF THE LAND, AS RESERVED IN THE DEED FROM THE CITY OF TUSTIN, CALIFORNIA, RECORDED SEPTEMBER 24, 2002 AS INSTRUMENT NO. 20020819173 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, WATER RIGHTS OR INTERESTS THEREIN APPURTENANT OR RELATING TO THE LAND OR OWNED OR USED BY THE GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND (NO MATTER HOW ACQUIRED BY THE GRANTOR), WHETHER SUCH RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, ADJUDICATED, STATUTORY OR CONTRACTUAL, TOGETHER WITH THE PERPETUAL RIGHT AND POWER TO EXPLORE, DRILL, REDRILL AND REMOVE THE SAME FROM OR IN THE LAND, TO STORE THE SAME BENEATH THE SURFACE OF THE LAND AND TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASE BY GRANTOR; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON OR USE THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE CITY OF TUSTIN, CALIFORNIA, RECORDED SEPTEMBER 24, 2002 AS INSTRUMENT NO. 20020819173 OF OFFICIAL RECORDS. FOR CONVEYANCING PURPOSES ONLY: APN 430-481-12 INDICATES CALCULATED FROM CFFOUND SPIKE & WASHER STAMPED "LS 6673" PER R1, FLUSH; ACCEPTED AS ARMSTRONG AVENUE & WARNER AVENUE CENTERLINE INTERSECTION PER R1. 1 TITLE EXCEPTIONS: PER FIRST AMERICAN TITLE INSURANCE COMPANY, REPORT NO. NCS-1146469-SA1, DATED MAY 07, 2025 1. ANY DEFECT, LIEN, ENCUMBRANCE, ADVERSE CLAIM, OR OTHER MATTER THAT APPEARS FOR THE FIRST TIME IN THE PUBLIC RECORDS OR IS CREATED, ATTACHES, OR IS DISCLOSED BETWEEN THE COMMITMENT DATE AND THE DATE ON WHICH ALL OF THE SCHEDULE B, PART I-REQUIREMENTS ARE MET. 2. (A) TAXES OR ASSESSMENTS THAT ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS; (B) PROCEEDINGS BY A PUBLIC AGENCY THAT MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 3. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THAT ARE NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 4. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 5. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE 77TLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 6. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), OR (C) ARE SHOWN BY THE PUBLIC RECORDS. 7. GENERAL AND SPECIAL TAXES AND ASSESSMENTS FOR THE FISCAL YEAR 2023-2024, A LIEN NOT YET DUE OR PAYABLE. 8. GENERAL AND SPECIAL TAXES AND ASSESSMENTS FOR THE FISCAL YEAR 2022-2023 ARE EXEMPT. IF THE EXEMPT STATUS IS TERMINATED AN ADDITIONAL TAX MAY BE LEVIED. A.P. NO.: 430-481-12. 9. THE LIEN OF SPECIAL TAX ASSESSED PURSUANT TO CHAPTER 2.5 COMMENCING WITH SECTION 53311 OF THE CALIFORNIA GOVERNMENT CODE FOR COMMUNITY FACILITIES DISTRICT NO. 13-01, AS DISCLOSED BY NOTICE OF SPECIAL TAX LIEN RECORDED MAY 16, 2013 AS INSTRUMENT NO. 2013000296640 OF OFFICIAL RECORDS. 10. THE LIEN OF SPECIAL TAX ASSESSED PURSUANT TO CHAPTER 2.5 COMMENCING WITH SECTION 53311 OF THE CALIFORNIA GOVERNMENT CODE FOR COMMUNITY FACILITIES DISTRICT NO. 15-2, AS DISCLOSED BY NOTICE OF SPECIAL TAX LIEN RECORDED NOVEMBER 18, 2015 AS INSTRUMENT NO. 2015000594036 OF OFFICIAL RECORDS. 11. THE LIEN OF SPECIAL TAX ASSESSED PURSUANT TO CHAPTER 2.5 COMMENCING WITH SECTION 53311 OF THE CALIFORNIA GOVERNMENT CODE FOR COMMUNITY FACILITIES DISTRICT NO. 2018-01, AS DISCLOSED BY NOTICE OF SPECIAL TAX LIEN RECORDED FEBRUARY 17, 2021 AS INSTRUMENT NO. 2021000112117 OF OFFICIAL RECORDS. 12. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 13. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "SHORT FORM NOTICE OF AGREEMENT" RECORDED MAY 14, 2002 AS INSTRUMENT NO. 20020404589 OF OFFICIAL RECORDS. 14. EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM THE UNITED STATES OF AMERICA, AS GRANTOR, TO THE CITY OF TUSTIN, CALIFORNIA, AS GRANTEE, RECORDED MAY 14, 2002 AS INSTRUMENT NO. 20020404594 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO THE DOCUMENT FOR FULL PARTICULARS.DOCUMENT RE-RECORDED APRIL 09, 2003 AS INSTRUMENT NO. 2003000392129 OF OFFICIAL RECORDS. NOT PLOTTED. 15. THE FACT THAT THE LAND LIES WITHIN THE BOUNDARIES OF THE MCAS TUSTIN REDEVELOPMENT PROJECT AREA, AS DISCLOSED BY THE DOCUMENT RECORDED JUNE 18, 2003 AS INSTRUMENT NO. 2003000710836 OF OFFICIAL RECORDS. NOT PLOTTED. 16. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "DECLARATION OF SPECIAL RESTRICTIONS" RECORDED JUNE 19, 2007 AS INSTRUMENT NO. 2007000390805 OF OFFICIAL RECORDS. NOT PLOTTED. 17. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED OCTOBER 04, 2006 AS INSTRUMENT NO. 2006000661919 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, SOURCE OF INCOME OR DISABILITY, TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(C), OF THE UNITED STATES CODES OR SECTION 12955 OF THE CALIFORNIA GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. NOT PLOTTED 18. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "NOTICE OF DELINQUENCY AND CLAIM OF LIEN" RECORDED APRIL 06, 2010 AS INSTRUMENT NO. 2010000160007 OF OFFICIAL RECORDS. NOT PLOTTED. 19. AN EASEMENT SHOWN OR DEDICATED ON THE MAP OF TRACT NO. 18197 RECORDED DECEMBER 10, 2020 AND ON FILE IN BOOK 990, PAGE 25-33, OF TRACT MAPS. FOR: PUBLIC STREET AND PUBLIC UTILITY PURPOSES: ARMSTRONG AVENUE, WARNER AVENUE, LEGACY ROAD, AIRSHIP AVENUE, FLIGHT WAY, HELBER WAY, VETERANS WAY, COMPASS AVENUE, SWAIM WAY, JOHN JOHNSON WAY AND PEEBLER WAY AND INCIDENTAL PURPOSES. PLOTTED HEREON. 20. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 21. AN ALTA/NSPS SURVEY OF RECENT DATE WHICH COMPLIES WITH THE CURRENT MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SU1VEYS. 22. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH WOULD BE DISCLOSED BY A CORRECT ALTA/NSPS SURVEY. 23. RIGHTS OF PARTIES IN POSSESSION. FOUND SPIKE & WASHER STAMPED "LS 6673" PER R1, FLUSH; ACCEPTED AS ARMSTRONG AVENUE CENTERLINE BEGINNING CURVE PER R1. 2 FOUND SPIKE & WASHER STAMPED "LS 6673" PER R2, FLUSH; ACCEPTED AS ARMSTRONG AVENUE & C STREET CENTERLINE INTERSECTION PER R2. 3 SEARCHED FOUND NOTHING, SET NOTHING; ARMSTRONG AVENUE & JOHN JOHNSON WAY CENTERLINE INTERSECTION ESTABLISHED BY RECORD RADIUS AND DISTANCE (360.47') FROM 2 PER R1 4 FOUND SPIKE & WASHER STAMPED "LS 5347" PER R1, FLUSH; ACCEPTED AS WARNER AVENUE & LEGACY ROAD CENTERLINE INTERSECTION PER R1. 5 SEARCHED FOUND NOTHING, SET NOTHING; WARNER AVENUE & VETERANS WAY CENTERLINE INTERSECTION ESTABLISHED BY RECORD DISTANCES FROM 1 PER R16 SEARCHED FOUND NOTHING, SET NOTHING; VETERANS WAY & JOHN JOHNSON WAY CENTERLINE INTERSECTION ESTABLISHED BY RECORD BEARING & DISTANCES FROM 6 PER R17 FOUND SPIKE & WASHER STAMPED "LS 6673" PER R1, FLUSH; ACCEPTED AS ARMSTRONG AVENUE CENTERLINE BEGINNING CURVE PER R1. 8 SCALE ( FEET ) 1 INCH = 30 FT. 30 30 60 15 0 DATUM STATEMENT: COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 NAD, (2017.50 EPOCH OCS GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE, MULTIPLY GROUND DISTANCE BY 0.99997671 (PROJECT SPECIFIC). FLOOD ZONE: THIS SURVEY LIES WITHIN ZONE "X" (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) AS SET OUT ON THE FLOOD INSURANCE RATE MAP FOR ORANGE COUNTY, COMMUNITY PANEL NUMBER 06059C 0279J, DATED DECEMBER 3, 2009. VICINITY MAP N.T.S. EXCEPTIONS/ENCROACHMENT NOTES: UTILITIES WITHOUT EASEMENT ON THE NORTHERLY BOUNDARY AS SHOWN. 1 WALL CROSSING THE PROPERTY LINE ON THE NORTHERLY BOUNDARY AS SHOWN. 2 UTILITIES WITHOUT EASEMENT ON THE SOUTHWESTERLY BOUNDARY AS SHOWN. 3 LINE AND CURVE TABLES C-0.0 CENTERLINE UTILITY PURVEYORS: ELECTRICAL: SOUTHERN CALIFORNIA EDISON 1325 S GRAND AVE. SANTA ANA, CA 92705 (800)-655-4555 GAS: SOUTHERN CALIFORNIA GAS COMPANY 1919 STATE COLLEGE BLVD. ANAHEIM, CA 92805 (877) 238-0092 (714) 634-3245 CABLE: TIME WARNER 14311 NEWPORT AVE. TUSTIN, CA 927803 (714) 418-4267 FRONTIER COMMUNICATION 7354 SLATER AVE. HUNTINGTON BEACH, CA 92647 (714) 969-6468 COX 6771 QUAIL HILL PKWY. IRVINE, CA 92603 (949) 546-1000 TELEPHONE COX COMMUNICATIONS 6771 QUAIL HILL PKWY. IRVINE, CA 92603 (949) 546-1000 AT&T (LAND LINE SERVICE) 3581 ORANGE ST RIVERSIDE , CA 92501 (909) 441-0499 WATER & SEWER: IRVINE RANCH WATER DISTRICT 3512 MICHELSON DR, IRVINE, CA 92612 (714) 453-5300 STORM DRAIN CITY OF TUSTIN (PUBLIC WORKS) 300 CENTENNIAL WAY TUSTIN, CA 92780 (714)-573-3150 SUBDIVIDER/DEVELOPER: CD-CW (TUSTIN) LLC 2215 MARKET ST. DENVER, CO 80205 ATTN: H. MCNEISH PHONE: 303.573.6500 PROPOSED EASEMENTS: A PROPOSED EASEMENT TO THE CITY OF TUSTIN FOR BIOSWALE ACCESS AND MAINTENANCE PURPOSES AND UTILITIES (PULLBOXES, VAULTS, CONDUITS) TO BE RESERVED IN SEPARATE DOCUMENT (4,260 SF) B PROPOSED EASEMENT FOR COMMON ACCESS AND EMERGENCY VEHICLE ACCESS NOTE: THE SUBDIVIDER SHALL RELEASE AND RELINQUISH TO THE CITY OF TUSTIN ALL VEHICULAR ACCESS RIGHTS ALONG ARMSTRONG AVENUE, WARNER AVENUE, VETERANS WAY, AND JOHN JOHNSON WAY, EXCEPT ALL APPROVED ACCESS LOCATIONS AND STREET INTERSECTIONS, AT NO COST TO THE CITY. AREA: GROSS AREA: 267,385 SF (6.14 AC) NET AREA: 263,125 SF (6.04 AC) F ET TA S O I C
A

I L AC F
LI V I NRO No.C-62159 RP

ETSI GER
K DRAM
ER
FSO

NO E OKSO
US R

LA GINEER
N
I S E 1/23/2026
Tustin Confluent Bioswale and Utility
Easement 7.8.26 (HM)
Schedule 3 City of Tustin/Confluent Development
Development Agreement
SCHEDULE 3
Legal and Plat of Bioswale Easement Area
[To be attached]
SCHEDULE 3

TO DEVELOPMENT AGREEMENT

LEGAL AND PLAT OF BIOSWALE EASEMENT AREA

PROJECT DESCRIPTION:

CLEARWATER AT TUSTIN LEGACY IS A PLANNED SENIOR LIVING COMMUNITY DESIGNED TO PROMOTE BOTH INDEPENDENCE AND CARE THROUGH TWO DISTINCT YET INTERCONNECTED BUILDINGS.

LOCATED ON A CORNER SITE, THE DEVELOPMENT INCLUDES A FIVE-STORY ACTIVE ADULT RESIDENCE

ON THE WESTERN HALF OF THE SITE AND A TWO-STORY ASSISTED LIVING AND MEMORY CARE FACILITY ON THE EASTERN HALF. BETWEEN THE TWO STRUCTURES, A BOULEVARD-STYLE ENTRYWAY WELCOMES

RESIDENTS AND VISITORS TO THE ACTIVE ADULT BUILDING AND SHARED AMENITIES AT THE ASSISTED LIVING BUILDING. EACH BUILDING MAINTAINS ITS OWN DEDICATED ENTRANCE—ACTIVE ADULT

RESIDENTS ENTER FROM THE SOUTH ALONG JOHN JOHNSON WAY, WHILE ASSISTED LIVING AND MEMORY CARE RESIDENTS HAVE A PRIVATE ENTRANCE ALONG VETERANS WAY TO THE EAST.

ACTIVE ADULT BUILDING (AA)
THE ACTIVE ADULT BUILDING IS A FIVE-STORY, 293,360 SQUARE-FOOT FACILITY FEATURING 172 RESIDENTIAL UNITS, COMPRISING STUDIOS, ONE-BEDROOM, AND TWO-BEDROOM APARTMENTS.

AMENITIES INCLUDE A GREAT ROOM, MAIL AND BUSINESS CENTER, ACTIVITY ROOM, FITNESS AND YOGA STUDIO, AND A ROOFTOP BAR AND LOUNGE. OUTDOOR FEATURES INCLUDE A CENTRAL

COURTYARD WITH POOL AND SPA, AS WELL AS A ROOFTOP DECK WITH A PICKLEBALL COURT ADJACENT TO THE BAR AND LOUNGE AREA. THE STRUCTURE INCLUDES A TYPE I CONCRETE PODIUM AT

GROUND LEVEL FOR PARKING AND ESSENTIAL SUPPORT SERVICES, TOPPED BY FOUR STORIES OF TYPE V WOOD-FRAME CONSTRUCTION.

ASSISTED LIVING & MEMORY CARE BUILDING (ALMC)
THIS TWO-STORY FACILITY IS 142,566 SQUARE-FEET AND COMPRISES 75 ASSISTED LIVING UNITS AND 28 DEDICATED MEMORY CARE STUDIOS. THE GROUND FLOOR INCLUDES A GREAT ROOM, WELLNESS CENTER, FITNESS AREA, AQUA LOUNGE, DINING ROOM, AND ACTIVITY SPACES. OTHER AMENITY

SPACES, SUCH AS A FULL-SERVICE KITCHEN, COMMUNITY THEATER AND A SALON ARE INTENDED TO BE SHARED BETWEEN ASSISTED LIVING RESIDENTS AND THE ACTIVE ADULT COMMUNITY. AN ADDITIONAL DINING SPACE SPECIFIC TO ACTIVE ADULTS WILL ALSO BE INTEGRATED INTO THIS BUILDING. THE

SECOND FLOOR HOSTS THE MEMORY CARE WING, WHICH INCLUDES PURPOSE-BUILT AREAS SUCH AS AN ACTIVITY ROOM, DINING AREA WITH DISPLAY KITCHEN, AND A COMMUNAL LIVING ROOM. AN

ABOVE-GROUND TYPE I PARKING STRUCTURE IS LOCATED AT THE SOUTHERN EDGE OF THE BUILDING

FOOTPRINT, WHILE THE REMAINING PORTIONS OF THE STRUCTURE ARE BUILT WITH TYPE V CONSTRUCTION.

SITE ADDRESS:

BOUNDARY AREA: 6.14 AC (267,378 SF)
UNITS PER ACRE: 45 (275 UNITS/6.14 AC)
PARCEL APN: 430-481-12
LOT 14, TRACT NO.18197, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 990, PAGES 25 THROUGH 33, INCLUSIVE OF TRACT MAPS, RECORDS OF SAID COUNTY.

LAND USE ZONE: MIXED-USE URBAN (NEIGHBORHOOD D)
SITE
G-001
CLEARWATER AT TUSTIN LEGACY 01.23.2026

COVER SHEET

CLEARWATER AT TUSTIN LEGACY

CLEARWATER LIVING

PROJECT DIRECTORY VICINITY MAP
DEVELOPER:

CONFLUENT DEVELOPMENT (TUSTIN) LLC
2215 MARKET STREET,
DENVER, CO 80205
CONTACT: H. MCNEISH
PHONE: 303.573.6500
OPERATOR:

CLEARWATER LIVING
5000 BIRCH STREET, SUITE 400
NEWPORT BEACH, CA 92660
CONTACT: TONY FERRERRO
PHONE: 949.333.8560
ARCHITECT:

HPI ARCHITECTURE
115 22ND STREET
NEWPORT BEACH, CA 92663
CONTACT: NICHOLAS WEIDNER
PHONE: 858.203.4999

JEFF BACURIN
PHONE: 949.675.6442

STEPHANIE LUCERO
PHONE: 858.203.4999
PRE-CONSTRUCTION GENERAL CONTRACTOR:

SNYDER LANGSTON
17962 COWAN,
IRVINE, CA 92614
CONTACT: ADAM SCHNEIDER
PHONE: 949.863.9200
CIVIL:

DAVID EVANS & ASSOCIATES, INC.
17542 E 17TH STREET, SUITE 150
TUSTIN, CA 92780
CONTACT: ALAN PALERMO
PHONE: 310.717.3244
DRY UTILITIES:

MORROW MANAGEMENT
1130 VIA CALLEJON
SAN CLEMENTE, CA 92673
CONTACT: FLORENCIA HOWARD
PHONE: 949.218.5748
LANDSCAPE ARCHITECT:

URBAN ARENA
3195 RED HILL AVENUE, LOFT F
COSTA MESA, CA 92626
CONTACT: MICHAEL SCHROCK
PHONE: 714.754.4500

MICHAEL KNIGHT
PHONE: 714.754.4500
INTERIOR DESIGN:

KLANG & ASSOCIATES
5670 EL CAMINO REAL, SUITE G,
CARLSBAD, CA 92008
CONTACT: LISA KLANG SCHRIVER
PHONE: 760.438.1144
STRUCTURAL:

DCI ENGINEERS
523 W 6TH STREET, SUITE 616
LOS ANGELES, CA 90014
CONTACT: MARK ADEN
PHONE: 213.298.3703
MECHANICAL:

MA ENGINEERS
5160 CARROLL CANYON ROAD, M SUITE 200
SAN DIEGO, CA 92121
CONTACT: DAN GRAMMIER
PHONE: 858.200.0030
ELECTRICAL:

MA ENGINEERS
5160 CARROLL CANYON ROAD, M SUITE 200
SAN DIEGO, CA 92121
CONTACT: SHAHAB SALEHI
PHONE: 858.200.0030
PLUMBING:

MA ENGINEERS
5160 CARROLL CANYON ROAD, M SUITE 200
SAN DIEGO, CA 92121
CONTACT: DWAYNE SATTLER
PHONE: 858.779.3329
FOOD SERVICE:

TRIMARK
6100 W 73RD STREET
BEDFORD PARK, IL 60638
CONTACT: LARRY ROSSI
PHONE: 708.552.7282

JENNIFER PHELPS
PHONE: 708.496.5741
ACOUSTICAL:

VENEKLASEN ASSOCIATES
1711 SIXTEENTH STREET
SANTA MONICA, CA 90404
CONTACT: MAHABIR ATWAR
PHONE: 310.450.1733
ENVELOPE:

MAXWELL BUILDING ENCLOSURE. INC.
30025 ALICIA PARKWAY, SUITE 655
LAGUNA NIGUEL, CA 92677
CONTACT: DAN GRIFFITH
PHONE: 949.289.0714
FIRE/LIFE SAFETY:

JENSEN HUGHES
2099 SOUTH STATE COLLEGE BOULEVARD, SUITE 540
ANAHEIM, CA 92806
CONTACT: GARY DOMINGUEZ
PHONE: 562.232.7573
CALGREEN:

VCA GREEN
1845 WEST ORANGEWOOD AVENUE, SUITE 220
ORANGE, CA 92868
CONTACT: VICTORIA McALISTER
PHONE: 714.363.4700
WASTE MANAGEMENT:

TERRA PACIFIC WASTE MANAGEMENT
2081 BUSINESS CENTER DRIVE, SUITE 230
IRVINE, CA 92612
CONTACT: JEFF MENKE
PHONE: 562.673.5317

PROJECT INFORMATION SHEET INDEX
GENERAL:

G-001 COVER SHEET
G-131 ACTIVE ADULT PROJECT DATA AND CODE ANALYSIS
G-132 ASSISTED LIVING PROJECT DATA AND CODE ANALYSIS
G-216 ACTIVE ADULT BUILDING GROSS FLOOR AREA PLANS
G-220 ACTIVE ADULT RENTABLE AREA PLANS
G-224 ASSISTED LIVING/MEMORY CARE AREA PLANS
G-401 MATERIAL BOARD
CIVIL:
1 0F 1 A.L.T.A./N.S.P.S. SURVEY
C-0.0 TENTATIVE PARCEL MAP 2025-151
C-1.0 PRELIMINARY GRADING PLAN
C-2.0 PRELIMINARY COMPOSITE UTILITY PLAN
LANDSCAPE:

L1 CONCEPTUAL LANDSCAPE PLAN
L2 CONCEPTUAL LANDSCAPE PLAN - ASSISTED LIVING
L3 CONCEPTUAL LANDSCAPE PLAN - ACTIVE ADULT
L4 CONCEPTUAL LANDSCAPE PLAN - ACTIVE ADULT
L5 CONCEPTUAL PLANT PALETTE
L6 CONCEPTUAL IMAGERY
L7 PEDESTRIAN CIRCULATION EXHIBIT
L8 WALL AND FENCE PLAN
ARCHITECTURAL:

AS-100 SITE PLAN
A-201-AA ACTIVE ADULT - FIRST FLOOR PLAN
A-202-AA ACTIVE ADULT - SECOND FLOOR PLAN
A-203-AA ACTIVE ADULT - THIRD FLOOR PLAN
A-204-AA ACTIVE ADULT - FOURTH FLOOR PLAN
A-205-AA ACTIVE ADULT - FIFTH FLOOR PLAN
A-206-AA ACTIVE ADULT - ROOF PLAN
A-300-AA ACTIVE ADULT - BUILDING SECTION
A-400-AA ACTIVE ADULT - EXTERIOR BUILDING ELEVATIONS
A-201-AL ASSISTED LIVING - FIRST FLOOR PLAN
A-202-AL ASSISTED LIVING - SECOND FLOOR PLAN
A-203-AL ASSISTED LIVING - ROOF PLAN
A-300-AL ASSISTED LIVING - BUILDING SECTION
A-400-AL ASSISTED LIVING - EXTERIOR BUILDING ELEVATIONS A-900 RENDERINGS
A-901 RENDERINGS
A-902 RENDERINGS - DETAIL SITE/BUILDING SECTIONS SCALE: 1" = 400'-0" COURTESY OF BING MAPS, 2025
ELECTRICAL:

XE-1.1 SITE PHOTOMETRIC CALCULATIONS
XE-1.1A SITE PHOTOMETRIC CALCULATIONS - RENDER

04.02.2026
ATTACHMENT 3

APPLICABLE CODES
CALIFORNIA CODE OF REGULATIONS, CCR, TITLE 24
PART 1 2022 CALIFORNIA ADMINISTRATIVE CODE, CCR TITLE 24 PART 2 2022 CALIFORNIA BUILDING CODE, CCR TITLE 24
[2021 INTERNATIONAL BUILDING CODE OF THE INTERNATIONAL CODE COUNCIL, ICC, w/ CALIFORNIA AMENDMENTS & CITY OF TUSTIN AMENDMENTS (ORD. NO. 1529)[ PART 3 2022 CALIFORNIA ELECTRICAL CODE, CCR TITLE 24
(2020 NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION, NFPA 70)
PART 4 2022 CALIFORNIA MECHANICAL CODE, CCR TITLE 24
(2021 UNIFORM MECHANICAL CODE OF THE INTERNATIONAL ASSOCIATION OF

PLUMBING AND MECHANICAL OFFICIALS, IAPMO)
PART 5 2022 CALIFORNIA PLUMBING CODE, CCR TITLE 24
(2021 UNIFORM PLUMBING CODE OF THE INTERNATIONAL ASSOCIATION OF

PLUMBING AND MECHANICAL OFFICIALS, IAPMO)
PART 6 2022 CALIFORNIA ENERGY CODE, CCR TITLE 24
PART 9 2022 CALIFORNIA FIRE CODE, CCR TITLE 24
(2021 INTERNATIONAL FIRE CODE OF THE INTERNATIONAL CODE COUNCIL, ICC) PART 11 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGreen CODE), CCR TITLE 24
PART 12 2022 CALIFORNIA REFERENCED STANDARDS CODE, CCR TITLE 24

TUSTIN CODE OF ORDINANCES
ARTICLE 8 BUILDING REGULATIONS
ARTICLE 9 LAND USE
TUSTIN LEGACY SPECIFIC PLAN, ORDINANCE 1482 07-18-17

PARTIAL LIST OF APPLICABLE STANDARDS
NFPA 10 PORTABLE FIRE EXTINGUISHERS 2022 EDITION
NFPA 13 INSTALLATION OF SPRINKLER SYSTEMS 2025 EDITION
NFPA 14 INSTALLATION OF STANDPIPE & HOSE SYSTEMS (CA AMENDED) 2024 EDITION NFPA 20 INSTALLATION OF STATIONARY PUMPS FOR FIRE PROTECTION 2025 EDITION NFPA 24 PRIVATE FIRE MAINS & THEIR APPURTENANCES (CA AMENDED) 2025 EDITION NFPA 70 NATIONAL ELECTRICAL CODE 2023 EDITION
NFPA 72 NATIONAL FIRE ALARM AND SIGNALING CODE (CA AMENDED) 2025 EDITION NFPA 80 FIRE DOORS AND OTHER OPENING PROTECTIVES 2022 EDITION NFPA 88A STANDARD FOR PARKING STRUCTURES NOT REFERENCED NFPA 90A INSTALLATION OF AIR-CONDITIONING & VENTILATION SYSTEMS NOT REFERENCED NFPA 101 LIFE SAFETY CODE 2024 EDITION
NFPA 105 SMOKE DOOR ASSEMBLIES & OTHER OPENING PROTECTIVES 2025 EDITION NFPA 110 EMERGENCY & STANDBY POWER SYSTEMS 2025 EDITION NFPA 220 TYPES OF BUILDING CONSTRUCTION NOT REFERENCED
NFPA 252 METHODS OF FIRE TESTS OF DOOR ASSEMBLIES 2022 EDITION NFPA 253 CRITICAL RADIANT FLUX OF FLOOR COVERING SYSTEMS 2023 EDITION 2022 CBC REFERENCE
OCCUPANCY GROUP S-2 SEC. 311.3.1
TYPE OF CONSTRUCTION I-A SEC. 602.2

FIRE SPRINKLER SYSTEM FULL AUTOMATIC SPRINKLER SYSTEM THROUGHOUT BUILDING AREA PER NFPA 13.

BUILDING HEIGHT ALLOWABLE BUILDING HEIGHT IN FEET ABOVE GRADE PLANE:

GROUP S-2 AND B (SPRINKLERED): UNLIMITED
ACTUAL BUILDING HEIGHT IN FEET ABOVE GRADE PLANE: 12'
TABLE 504.3

ACTIVE ADULT PARKING GARAGE
ALLOWABLE NUMBER OF STORIES ABOVE GRADE PLANE:

GROUP S-2 AND B (SPRINKLERED): UNLIMITED
ACTUAL NUMBER OF STORIES ABOVE GRADE PLANE: 1
TABLE 504.4
BUILDING AREA ALLOWABLE BUILDING AREA PER STORY:

GROUP S-2 AND B (S1): UNLIMITED
ACTUAL BUILDING AREA:

FLOOR S-2 B TOTAL
FIRST FLOOR 71,852 SF 7,868 SF 79,720 SF
TABLE 506.2

FIRE-RESISTANCE RATING

REQUIREMENTS
BUILDING ELEMENT FIRE-RESISTANCE RATING TABLE 601
PRIMARY STRUCTURAL FRAME 3 HOURS

BEARING WALLS

EXTERIOR

INTERIOR
3 HOURS
3 HOURS

NONBEARING WALLS AND PARTITIONS

EXTERIOR

INTERIOR
SEE TABLE 705.5 BELOW
0 HOURS

FLOOR CONSTRUCTION AND ASSOCIATED
SECONDARY STRUCTURAL MEMBERS 2 HOURS

ROOF CONSTRUCTION AND ASSOCIATED
SECONDARY STRUCTURAL MEMBERS 1 1/2 HOURS
FIRE SEPARATION DISTANCE RATING FOR R OCCUPANCY TABLE 705.5* X < 5'
5' < X < 10'
10' < X < 30'
X > 30'
1 HOUR
1 HOUR
1 HOUR
0 HOURS
OCCUPANCY GROUP A-2/A-3: FIRST, SECOND AND THIRD FLOORS R-2: SECOND THROUGH FIFTH FLOOR
SEC. 303.3; SEC. 303.4
SEC. 310.3
B: FIRST AND SECOND FLOORS SEC. 304.1
TYPE OF CONSTRUCTION V-A o/ SINGLE-STORY 1-A PODIUM CONSTRUCTION SEC. 602.5; SEC. 510.4

FIRE SPRINKLER SYSTEM FULL AUTOMATIC SPRINKLER SYSTEM THROUGHOUT BUILDING AREA PER NFPA 13.

SEC. 420.4; SEC. 903.3
BUILDING HEIGHT ALLOWABLE BUILDING HEIGHT IN FEET ABOVE GRADE PLANE:

GROUP A (SPRINKLERED,w/ AREA INCREASE): 50'
GROUP R-2 (SPRINKLERED,w/ AREA INCREASE): 60'
ACTUAL BUILDING HEIGHT IN FEET ABOVE GRADE PLANE: 60'*
* A-2/A-3 OCCUPANCIES LIMITED TO 50'
TABLE 504.3

ACTIVE ADULT
ALLOWABLE NUMBER OF STORIES ABOVE PODIUM PARKING GARAGE:

GROUP A-2/A-3 (SPRINKLERED, w/ AREA INCREASE): 3
GROUP R-2 (SPRINKLERED, w/ AREA INCREASE): 4
ACTUAL NUMBER OF STORIES ABOVE PODIUM PARKING GARAGE: 4** ** A-2/A-3 OCCUPANCIES LIMITED TO THIRD FLOOR
TABLE 504.4; SEC. 510.4
SEC. 903.3
2022 CBC REFERENCE
B SEC. 304.1
TABLE 506.2; SEC. 506.2.2
ACCESSORY: GROUP S SEC. 508.2

BUILDING AREA/

ALLOWABLE AREA RATIO

CALCULATION
ACTIVE ADULT (CONT'D.) 2022 CBC REFERENCE
FIRE AREAS TABLE 707.3.10
TABLE 706.4, NOTE a
SEC. 707.3.10

THE FIRE BARRIERS, FIRE WALLS, HORIZONTAL ASSEMBLIES OR

COMBINATIONS THEREOF SEPARATING A SINGLE OCCUPANCY INTO

DIFFERENT FIRE AREAS SHALL HAVE A FIRE-RESISTANCE RATING OF NOT LESS THAN THAT INDICATED IN TABLE 707.3.10. THE FIRE BARRIERS, FIRE WALLS,

HORIZONTAL ASSEMBLIES OR COMBINATIONS THEREOF SEPARATING FIRE

AREAS OF MIXED OCCUPANCIES SHALL HAVE A FIRE-RESISTANCE RATING OF NOT LESS THAN THE HIGHEST VALUE INDICATED IN TABLE 707.3.10 FOR THE OCCUPANCIES UNDER CONSIDERATION.

FOR GROUP A, B AND R OCCUPANCIES, A MINIMUM 2-HOUR FIRERESISTANCE RATING IS REQUIRED.

UNIT SEPARATION WALLS WALLS SEPARATING DWELLING UNITS IN THE SAME BUILDING, WALLS SEC. 420.2; SEC. 708

SEPARATING SLEEPING UNITS IN THE SAME BUILDING AND WALLS

SEPARATING DWELLING OR SLEEPING UNITS FROM OTHER OCCUPANCIES

CONTIGUOUS TO THEM IN THE SAME BUILDING SHALL BE CONSTRUCTED AS FIRE PARTITIONS IN ACCORDANCE WITH SECTION 708.

HORIZONTAL UNIT

SEPARATION
FLOOR ASSEMBLIES SEPARATING DWELLING UNITS IN THE SAME BUILDINGS, SEC. 420.3; SEC. 711

FLOOR ASSEMBLIES SEPARATING SLEEPING UNITS IN THE SAME BUILDING

AND FLOOR ASSEMBLIES SEPARATING DWELLING OR SLEEPING UNITS FROM

OTHER OCCUPANCIES CONTIGUOUS TO THEM IN THE SAME BUILDING

SHALL BE CONSTRUCTED AS HORIZONTAL ASSEMBLIES IN ACCORDANCE WITH SECTION 711.

FIRE-RESISTANCE RATING

REQUIREMENTS
BUILDING ELEMENT FIRE-RESISTANCE RATING TABLE 601
PRIMARY STRUCTURAL FRAME 1 HOUR

BEARING WALLS

EXTERIOR

INTERIOR
1 HOUR
1 HOUR

NONBEARING WALLS AND PARTITIONS

EXTERIOR

INTERIOR
SEE TABLE 705.5 BELOW
0 HOURS

FLOOR CONSTRUCTION AND ASSOCIATED
SECONDARY STRUCTURAL MEMBERS 1 HOUR

ROOF CONSTRUCTION AND ASSOCIATED
SECONDARY STRUCTURAL MEMBERS 1 HOUR
FIRE SEPARATION DISTANCE RATING FOR A, B & R OCCUPANCY TABLE 705.5* X < 5'
5' < X < 10'
10' < X < 30'
X > 30'
1 HOUR
1 HOUR
1 HOUR
0 HOURS

HORIZONTAL BUILDING

SEPARATION

THE ACTIVE ADULT BUILDING IS CONSIDERED AS SEPARATE AND DISTINCT

FROM THE PARKING GARAGE FOR THE PURPOSE OF DETERMINING AREA

LIMITATIONS, CONTINUITY OF FIRE WALLS, LIMITATION OF NUMBER OF

STORIES AND TYPE OF CONSTRUCTION SINCE THE FOLLOWING CONDITIONS ARE MET:

1. THE BUILDINGS ARE SEPARATED WITH A HORIZONTAL ASSEMBLY HAVING A FIRE-RESISTANCE RATING OF NOT LESS THAN 3 HOURS.

WHERE VERTICAL OFFSETS ARE PROVIDED AS PART OF A

HORIZONTAL ASSEMBLY, THE VERTICAL OFFSET AND THE STRUCTURE

SUPPORTING THE VERTICAL OFFSET SHALL HAVE A FIRE-RESISTANCE RATING OF NOT LESS THAN 3 HOURS.

2. THE BUILDING BELOW, INCLUDING THE HORIZONTAL ASSEMBLY, IS OF TYPE I-A CONSTRUCTION.

3. SHAFT, STAIRWAY, RAMP AND ESCALATOR ENCLOSURES THROUGH THE HORIZONTAL ASSEMBLY SHALL HAVE NOT LESS THAN A 2-HOUR

FIRE-RESISTANCE RATING WITH OPENING PROTECTIVES IN
ACCORDANCE WITH SECTION 716.

4. INTERIOR EXIT STAIRWAYS LOCATED WITHIN THE TYPE I-A BUILDING

ARE PERMITTED TO BE OF COMBUSTIBLE MATERIALS SINCE THE
FOLLOWING REQUIREMENTS ARE MET:
a. THE BUILDING ABOVE THE TYPE I-A BUILDING IS OF
TYPE V CONSTRUCTION.
b. THE STAIRWAY LOCATED IN THE TYPE I-A BUILDING IS
ENCLOSED BY 3-HOUR FIRE-RESISTANCE-RATED

CONSTRUCTION WITH OPENING PROTECTIVES IN
ACCORDANCE WITH SECTION 716.

5. THE BUILDINGS ABOVE THE HORIZONTAL ASSEMBLY ARE PERMITTED

TO HAVE MULTIPLE GROUP A OCCUPANCY USES, EACH WITH AN
OCCUPANT LOAD OF LESS THAN 300, OR GROUP B, M, R OR S
OCCUPANCIES.

6. THE BUILDING BELOW THE HORIZONTAL ASSEMBLY WILL BE

PROTECTED THROUGHOUT BY AN APPROVED AUTOMATIC
SPRINKLER SYSTEM IN ACCORDANCE WITH SECTION 903.3.1.1, AND

IS PERMITTED TO BE ANY OCCUPANCY ALLOWED BY THIS CODE
EXCEPT GROUP H.

7. THE MAXIMUM BUILDING HEIGHT IN FEET SHALL NOT EXCEED THE LIMITS SET FORTH IN SECTION 504.3 FOR THE BUILDING HAVING THE

SMALLER ALLOWABLE HEIGHT AS MEASURED FROM THE GRADE
PLANE.

SEE ACTIVE ADULT FIRE AREA PLANS ON THIS SHEET.

SEC. 510.2
* AREA FACTOR INCREASE BASED ON >50% FRONTAGE ON ALL FLOORS PER TABLE 506.3.3. ** BUILDING 2 QUALIFIES FOR AREA FACTOR INCREASE BASED ON >25 % FRONTAGE PER TABLE 506.3.3, BUT AREA FACTOR INCREASE IS NEITHER REQUIRED NOR APPLIED. *** AREA FACTOR INCREASE BASED ON >50% FRONTAGE PER TABLE 506.3.3. * UNLIMITED AREA OF NON-RATED OPENINGS ALLOWED PER FOOTNOTE g, * UNLIMITED AREA OF NON-RATED OPENINGS ALLOWED PER FOOTNOTE g, SEE SHEET A-201-AA FOR ACTIVE ADULT PARKING GARAGE PLAN.

DEMAND: PER CITY OF TUSTIN CODE OF ORDINANCES ARTICLE 9, PART 6 SEC. 9263 190 SPACES (1 SPACE/UNIT + 1 GUEST SPACE/10 UNITS =172 + 18) PROVIDED: STANDARD SPACES @ PARKING GARAGE 173 SPACES
STANDARD SPACES @ SURFACE PARKING 23 SPACES
196 SPACES
COMPACT SPACES @ PARKING GARAGE (9' - 0" x 17' - 6") 15 SPACES TOTAL 211 SPACES
ACCESSIBLE SPACES:

REQUIRED: 5% PERCENT OF TOTAL SPACES TO BE ACCESSIBLE (PER 2022 CBC SEC. 1109A.5) @ PARKING GARAGE: 188 x 5% = 10 ACCESSIBLE SPACES
@ SURFACE PARKING: 23 x 5% = 2 ACCESSIBLE SPACES
PROVIDE 1 VAN-ACCESSIBLE SPACE FOR EVERY 8 ACCESSIBLE SPACES (PER 2022 CBC SEC. 1109A.8.6) PROVIDED: @ PARKING GARAGE: 10 ACCESSIBLE SPACES (INCLUDING 2 VAN SPACES) @ SURFACE PARKING: 2 ACCESSIBLE SPACES (INCLUDING 1 VAN SPACE) ELECTRIC VEHICLE SPACES: PER 2022 CALGREEN SEC. 4.106.4.2.2 REQUIRED: EV READY ('EVR' IN PLAN): 40% OF TOTAL SPACES @ PARKING GARAGE: 188 x 40% = 76 LOW POWER LEVEL 2 RECEPTACLES @ SURFACE PARKING: 23 x 40% = 10 LOW POWER LEVEL 2 RECEPTACLES

EV CHARGERS ('EVCS' IN PLAN): 10% OF TOTAL SPACES
@ PARKING GARAGE: 188 x 10% = 19 LEVEL 2 EV CHARGERS
PROVIDE 1 VAN-ACCESSIBLE EVCS [PER 2022 CALGREEN 4.106.4.2.2.1.1(3)] @ SURFACE PARKING: 23 x 10% = 3 LEVEL 2 EV CHARGERS
PROVIDE 1 VAN-ACCESSIBLE EVCS (PER 2022 CBC TABLE 11B-228.3.2.1) PROVIDED: EV READY (EVR):
@ PARKING GARAGE: 76 LOW POWER LEVEL 2 RECEPTACLES
@ SURFACE PARKING: 10 LOW POWER LEVEL 2 RECEPTACLES
EV CHARGERS (EVCS):
@ PARKING GARAGE: 20 LEVEL 2 EV CHARGERS (INCLUDING 1 VAN-ACCESSIBLE SPACE) @ SURFACE PARKING: 5 LEVEL 2 EV CHARGERS (INCLUDING 1 VAN-ACCESSIBLE SPACE) SHORT-TERM BICYCLE PARKING:

NOT REQUIRED PER 2022 CALGREEN SEC. 5.106.4.1.1
LONG-TERM BICYCLE PARKING: PER 2022 CALGREEN SEC. 5.106.4.1.2 REQUIRED: TBD PROVIDED: TBD
PER TUSTIN LEGACY SPECIFIC PLAN (ORDINANCE 1482 07-18-17) SEC. 3.11.2 - DEVELOPMENT STANDARDS FOR PLANNING AREAS 8, 13 & 14:

TABLE 3-22 SITE CONFIGURATION REGULATIONS
LOT AREA (RESIDENTIAL):

BUILDING SETBACKS:

ARMSTRONG AVENUE:

WARNER AVENUE:

LOCAL ROAD:

DISTANCE BETWEEN BUILDING AND ACCESSORY STRUCTURE:

MINIMUM
NONE

MINIMUM
20' - 0"
20' - 0"
10' - 0"

MINIMUM
5' - 0"

MAXIMUM
NONE

MAXIMUM
NONE
NONE
NONE

MAXIMUM
NONE
ACTUAL

6.14 AC (267,378 SF)

PROPOSED
11' - 10" MIN.
20' - 0" MIN.
11' - 7" MIN.

PROPOSED
47' - 9" MIN.

TABLE 3-23 BUILDING HEIGHT REGULATIONS
BUILDING HEIGHT:

TABLE 3-24 FRONTAGE CATEGORIES
GROUND-FLOOR RESIDENTIAL:

TABLE 3-25 OPEN SPACE REGULATIONS
RESIDENTIAL:

MINIMUM
NONE

FRONTAGE TYPE
PORCH
TYPE

PRIVATE
COMMON

MAXIMUM
150' - 0"
WARNER

PERMITTED

STANDARD
100 SF PER UNIT
100 SF PER UNIT

PROPOSED
60' - 0" MAX.
(AVE. ROOF DECK HEIGHT)

LOCAL CONNECTOR

PERMITTED

PROPOSED

SEE TABLE BELOW

SEE TABLE BELOW

OPEN SPACE TYPE

PRIVATE

REQUIREMENT
100 SF/UNIT
TABLE 3-26 PERMITTED USE REGULATIONS
SERVICE COMMERCIAL:

OFFICE:

RETAIL COMMERCIAL:

PUBLIC/INSTITUTIONAL:

PER TUSTIN CODE OF ORDINANCES CHAPTER 2, SEC. 9266 LANDSCAPE REQUIREMENTS FOR PARKING AREAS (ORD. NO. 1418, SEC. 11, 2-5-13):

PERMANENT LANDSCAPING FOR INTERIOR PARKING LOT:

REQUIRED: 5% OF INTERIOR PARKING LOT AREA
PROPOSED:

PERIMETER PARKING LOT LANDSCAPING ALONG STREET FRONTAGES:

REQUIRED: 10' - 0" WIDE ALONG MAJOR ARTERIAL HIGHWAY
PROPOSED: N/A (NO PARKING LOT ALONG MAJOR ARTERIAL HIGHWAY) USE

GENERAL SERVICE BUSINESS
USE

GENERAL OFFICE

MEDICAL OFFICE/HEALTHCARE CENTER
USE

GENERAL RETAIL
USE

CONGREGATE CARE, ASSISTED LIVING FACILITY

OPEN SPACE, PUBLIC/PRIVATE

RECREATIONAL FACILITY, PUBLIC/PRIVATE

GROUND FLOOR

PERMITTED

GROUND FLOOR

PERMITTED

PERMITTED

GROUND FLOOR

PERMITTED

GROUND FLOOR

CONDITIONAL

PERMITTED

CONDITIONAL

UPPER FLOORS

PERMITTED

UPPER FLOORS

PERMITTED

PERMITTED

UPPER FLOORS

PERMITTED

UPPER FLOORS

CONDITIONAL

PERMITTED

CONDITIONAL

ACTIVE ADULT OPEN SPACE SUMMARY
COMMON 100 SF/UNIT

NUMBER OF UNITS
172
172

REQUIRED OPEN SPACE
17,200 SF

PROVIDED
21,508 SF

BELOW REQUIRED
N/A

AVERAGE BALCONY SIZE
45 UNITS 120 UNITS ( EXCL. 7 UNITS w/o ) 116.90 SF
N/A
• FIRE SPRINKLER SUPPRESSION SYSTEM & FIRE MONITORING/ALARM SYSTEM • STEEL STAIRS
• ELEVATOR SYSTEMS
• SWIMMING POOL
• PHOTOVOLTAIC SYSTEM
• EMERGENCY RESPONDER RADIO COVERAGE
• SITE SIGNAGE
BUILDING 2
17,741 SF
BUILDING 3
21,751 SF
BUILDING 1
19,925 SF
BUILDING 1 BUILDING 2 BUILDING 3 2-HR. RATED FIRE WALL
BUILDING 2
17,737 SF
BUILDING 3
19,169 SF
BUILDING 1
20,077 SF
BUILDING 1 BUILDING 2 BUILDING 3 2-HR. RATED FIRE WALL
BUILDING 2
17,737 SF
BUILDING 3
16,503 SF
BUILDING 1
20,077 SF
BUILDING 1 BUILDING 2 BUILDING 3 2-HR. RATED FIRE WALL
BUILDING 1 BUILDING 2 BUILDING 3
BUILDING 2
17,737 SF
BUILDING 3
16,501 SF
BUILDING 1
20,077 SF
2-HR. RATED FIRE WALL
C HPI ARCHITECTURE 2025

SHEET NUMBER

SHEET TITLE

THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY

AND COPYRIGHT OF THE ARCHITECT AND SHALL NOT BE USED

ON ANY OTHER PROJECT OR LOCATIONS EXCEPT AS DESCRIBED

ON THE DRAWINGS, WITHOUT WRITTEN AGREEMENT WITH THE
ARCHITECT.

PROJECT IDENTIFICATION

THE DRAWINGS IN THE SHEET INDEX WERE ORIGINALLY CREATED IN AUTODESK REVIT V. 2025 UNLESS OTHERWISE NOTED.

SEAL
THE ORIGINAL SIZE OF THIS SHEET IS 30" X 42".

PROJECT TITLE

CONSULTANTS

CITY APPROVAL
Autodesk Docs://Clearwater Tustin/Clearwater_Tustin_Site_R25.rvt 1/22/2026 1:18:21 PM

ACTIVE ADULT

PROJECT DATA AND

CODE ANALYSIS
G-131

CLEARWATER AT TUSTIN LEGACY

ACTIVE ADULT SURFACE PARKING

TYPE COUNT
ACCESSIBLE 1
EV CHARGER 4
EV READY 10
STANDARD 6
VAN ACC. 1
VAN ACC. EV CHARGER 1
AA SURFACE PARKING TOTAL: 23

ACTIVE ADULT PARKING GARAGE

TYPE COUNT
ACCESSIBLE 8
EV CHARGER 19
EV READY 76
STANDARD 52
TANDEM STANDARD 15
VAN ACC. 2
VAN ACC. EV CHARGER 1
AA STANDARD PARKING TOTAL: 173

GOVERNING CODES AND STANDARDS ACTIVE ADULT PROJECT DATA NO. OF UNITS: 172 UNITS
OCCUPANCY GROUPS: R-2; A-2; B
NO. OF STORIES: 4 STORIES o/ 1-STORY PARKING GARAGE
CONSTRUCTION TYPE: TYPE V-A WOOD-FRAME CONSTRUCTION o/ TYPE I-A CONCRETE

CONSTRUCTION PARKING GARAGE
GROSS FLOOR AREA: 293,360 SF
COMMON OPEN SPACE:

SEE ACTIVE ADULT OPEN SPACE SUMMARY UNDER 'LOCAL ZONING CODE COMPLIANCE' ON THIS SHEET.

LOCAL ZONING CODE COMPLIANCE
O/A 80,156 SF 1.908 <2
5 R-2 36,000 SF 6,000 SF 42,000 SF 20,077 SF 0.478 <1
4 R-2 36,000 SF 6,000 SF 42,000 SF 20,077 SF 0.478 <1
3 R-2 36,000 SF 6,000 SF 42,000 SF 20,077 SF 0.478 <1
2 R-2 36,000 SF 6,000 SF 42,000 SF 19,925 SF 0.474 <1
FLR.

MOST
RESTRICTIVE
OCC.

GROUP

ALLOWABLE
AREA (At)
(TABLE 506.2)

FRONTAGE

INCREASE
TOTAL

ALLOWABLE

AREA PER
FLOOR
ACTUAL
BUILDING 1
AREA
RATIO
ACTIVE ADULT BUILDING 1 (TYPE V-A CONSTRUCTION)
O/A 70,952 SF 1.972 <2
5 R-2 36,000 SF N/A 36,000 SF 17,737 SF 0.493 <1
4 R-2 36,000 SF N/A 36,000 SF 17,737 SF 0.493 <1
3 R-2 36,000 SF N/A 36,000 SF 17,737 SF 0.493 <1
2 R-2 36,000 SF N/A 36,000 SF 17,741 SF 0.493 <1
FLR.

MOST
RESTRICTIVE
OCC.

GROUP

ALLOWABLE
AREA (At)
(TABLE 506.2)

FRONTAGE
INCREASE**
TOTAL

ALLOWABLE

AREA PER
FLOOR
ACTUAL
BUILDING 2
AREA
RATIO
ACTIVE ADULT BUILDING 2 (TYPE V-A CONSTRUCTION)
O/A 64,241 SF 1.941 <2
5 R-2 36,000 SF 3,000 SF 39,000 SF 16,501SF 0.423 <1
4 R-2 36,000 SF 3,000 SF 39,000 SF 16,503 SF 0.423 <1
3 A-2/A-3 34,500 SF 2,875 SF 37,375 SF 19,169 SF 0.513 <1 2 A-2/A-3 34,500 SF 2,875 SF 37,375SF 21,751 SF 0.582 <1 FLR.

MOST
RESTRICTIVE
OCC.

GROUP

ALLOWABLE
AREA (At)
(TABLE 506.2)

FRONTAGE
INCREASE***
TOTAL

ALLOWABLE

AREA PER
FLOOR
ACTUAL
BUILDING 3
AREA
RATIO
ACTIVE ADULT BUILDING 3 (TYPE V-A CONSTRUCTION)
AA COMPACT PARKING TOTAL: 15
AA PARKING TOTAL: 188

DEFERRED SUBMITTALS

ACTIVE ADULT PARKING ANALYSIS

ACTIVE ADULT FIRE AREA PLANS ACTIVE ADULT BUILDING CODE ANALYSIS SCALE
1" = 50'-0"
SECOND FLOOR FIRE AREA PLAN 1
SCALE
1" = 50'-0"
THIRD FLOOR FIRE AREA PLAN 2
SCALE
1" = 50'-0" FOURTH FLOOR FIRE AREA PLAN 3
SCALE
1" = 50'-0" FIFTH FLOOR FIRE AREA PLAN 4
ISSUED
# DATE DESCRIPTION
2025-06-26 1ST ENTITLEMENT SUBMITTAL
2025-08-22 2ND ENTITLEMENT SUBMITTAL
2025-10-09 3RD ENTITLEMENT SUBMITTAL
2026-01-23 4TH ENTITLEMENT SUBMITTAL

04.02.2026

APPLICABLE CODES
CALIFORNIA CODE OF REGULATIONS, CCR, TITLE 24
PART 1 2022 CALIFORNIA ADMINISTRATIVE CODE, CCR TITLE 24 PART 2 2022 CALIFORNIA BUILDING CODE, CCR TITLE 24
[2021 INTERNATIONAL BUILDING CODE OF THE INTERNATIONAL CODE COUNCIL, ICC, w/ CALIFORNIA AMENDMENTS & CITY OF TUSTIN AMENDMENTS (ORD. NO. 1529)[ PART 3 2022 CALIFORNIA ELECTRICAL CODE, CCR TITLE 24
(2020 NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION, NFPA 70)
PART 4 2022 CALIFORNIA MECHANICAL CODE, CCR TITLE 24
(2021 UNIFORM MECHANICAL CODE OF THE INTERNATIONAL ASSOCIATION OF

PLUMBING AND MECHANICAL OFFICIALS, IAPMO)
PART 5 2022 CALIFORNIA PLUMBING CODE, CCR TITLE 24
(2021 UNIFORM PLUMBING CODE OF THE INTERNATIONAL ASSOCIATION OF

PLUMBING AND MECHANICAL OFFICIALS, IAPMO)
PART 6 2022 CALIFORNIA ENERGY CODE, CCR TITLE 24
PART 9 2022 CALIFORNIA FIRE CODE, CCR TITLE 24
(2021 INTERNATIONAL FIRE CODE OF THE INTERNATIONAL CODE COUNCIL, ICC) PART 11 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGreen CODE), CCR TITLE 24
PART 12 2022 CALIFORNIA REFERENCED STANDARDS CODE, CCR TITLE 24

TUSTIN CODE OF ORDINANCES
ARTICLE 8 BUILDING REGULATIONS
ARTICLE 9 LAND USE
TUSTIN LEGACY SPECIFIC PLAN, ORDINANCE 1482 07-18-17

PARTIAL LIST OF APPLICABLE STANDARDS
NFPA 10 PORTABLE FIRE EXTINGUISHERS 2022 EDITION
NFPA 13 INSTALLATION OF SPRINKLER SYSTEMS 2025 EDITION
NFPA 14 INSTALLATION OF STANDPIPE & HOSE SYSTEMS (CA AMENDED) 2024 EDITION NFPA 20 INSTALLATION OF STATIONARY PUMPS FOR FIRE PROTECTION 2025 EDITION NFPA 24 PRIVATE FIRE MAINS & THEIR APPURTENANCES (CA AMENDED) 2025 EDITION NFPA 70 NATIONAL ELECTRICAL CODE 2023 EDITION
NFPA 72 NATIONAL FIRE ALARM AND SIGNALING CODE (CA AMENDED) 2025 EDITION NFPA 80 FIRE DOORS AND OTHER OPENING PROTECTIVES 2022 EDITION NFPA 88A STANDARD FOR PARKING STRUCTURES NOT REFERENCED NFPA 90A INSTALLATION OF AIR-CONDITIONING & VENTILATION SYSTEMS NOT REFERENCED NFPA 101 LIFE SAFETY CODE 2024 EDITION
NFPA 105 SMOKE DOOR ASSEMBLIES & OTHER OPENING PROTECTIVES 2025 EDITION NFPA 110 EMERGENCY & STANDBY POWER SYSTEMS 2025 EDITION NFPA 220 TYPES OF BUILDING CONSTRUCTION NOT REFERENCED
NFPA 252 METHODS OF FIRE TESTS OF DOOR ASSEMBLIES 2022 EDITION NFPA 253 CRITICAL RADIANT FLUX OF FLOOR COVERING SYSTEMS 2023 EDITION 2022 CBC REFERENCE
OCCUPANCY GROUP A-2/A-3: FIRST AND SECOND FLOORS
R-2.1: FIRST AND SECOND FLOORS
SEC. 303.3; SEC.303.4
SEC. 310.3.1
B: FIRST AND SECOND FLOORS SEC. 304.1
TYPE OF CONSTRUCTION V-A AND V-A o/ SINGLE-STORY 1-A PODIUMCONSTRUCTION SEC. 602.5; SEC. 510.4

FIRE SPRINKLER SYSTEM FULL AUTOMATIC SPRINKLER SYSTEM THROUGHOUT BUILDING AREA PER NFPA 13.

BUILDING HEIGHT ALLOWABLE BUILDING HEIGHT IN FEET ABOVE GRADE PLANE:

GROUP A (SPRINKLERED,w/ AREA INCREASE): 50'
GROUP R-2.1 (SPRINKLERED): 50'
ACTUAL BUILDING HEIGHT IN FEET ABOVE GRADE PLANE: 30'
TABLE 504.3

ASSISTED LIVING
ALLOWABLE NUMBER OF STORIES ABOVE GRADE PLANE:

GROUP A-2/A-3 (SPRINKLERED, w/ AREA INCREASE): 2
GROUP R-2.1 (SPRINKLERED): 3
ACTUAL NUMBER OF STORIES ABOVE GRADE PLANE: 2
TABLE 504.4; SEC. 510.4

BUILDING AREA/

ALLOWABLE AREA RATIO

CALCULATION
TABLE 506.2
SEC. 420.4; SEC. 903.3
ACCESSORY: GROUP S SEC. 508.2
2022 CBC REFERENCE
OCCUPANCY GROUP S-2 SEC. 311.3.1
TYPE OF CONSTRUCTION I-A SEC. 602.2

FIRE SPRINKLER SYSTEM FULL AUTOMATIC SPRINKLER SYSTEM THROUGHOUT BUILDING AREA PER NFPA 13.

BUILDING HEIGHT ALLOWABLE BUILDING HEIGHT IN FEET ABOVE GRADE PLANE:

GROUP S-2 (SPRINKLERED): UNLIMITED
ACTUAL BUILDING HEIGHT IN FEET ABOVE GRADE PLANE: 12'
TABLE 504.3

ASSISTED LIVING PARKING GARAGE
ALLOWABLE NUMBER OF STORIES ABOVE GRADE PLANE:

GROUP S-2 (SPRINKLERED): UNLIMITED
ACTUAL NUMBER OF STORIES ABOVE GRADE PLANE: 1
TABLE 504.4
BUILDING AREA ALLOWABLE BUILDING AREA PER STORY:

GROUP S-2: UNLIMITED
ACTUAL BUILDING AREA:

FLOOR S-2 TOTAL
FIRST FLOOR 20,699 SF 20,699 SF
TABLE 506.2

FIRE-RESISTANCE RATING

REQUIREMENTS
BUILDING ELEMENT FIRE-RESISTANCE RATING TABLE 601
PRIMARY STRUCTURAL FRAME 3 HOURS

BEARING WALLS

EXTERIOR

INTERIOR
3 HOURS
3 HOURS

NONBEARING WALLS AND PARTITIONS

EXTERIOR

INTERIOR
SEE TABLE 705.5 BELOW
0 HOURS

FLOOR CONSTRUCTION AND ASSOCIATED
SECONDARY STRUCTURAL MEMBERS 2 HOURS

ROOF CONSTRUCTION AND ASSOCIATED
SECONDARY STRUCTURAL MEMBERS 1 1/2 HOURS
FIRE SEPARATION DISTANCE RATING FOR R OCCUPANCY TABLE 705.5* X < 5'
5' < X < 10'
10' < X < 30'
X > 30'
1 HOUR
1 HOUR
1 HOUR
0 HOURS
SEC. 903.3
B SEC. 304.1
ASSISTED LIVING (CONT'D.) 2022 CBC REFERENCE
UNIT SEPARATION WALLS WALLS SEPARATING DWELLING UNITS IN THE SAME BUILDING, WALLS SEC. 420.2; SEC. 708

SEPARATING SLEEPING UNITS IN THE SAME BUILDING AND WALLS

SEPARATING DWELLING OR SLEEPING UNITS FROM OTHER OCCUPANCIES

CONTIGUOUS TO THEM IN THE SAME BUILDING SHALL BE CONSTRUCTED AS FIRE PARTITIONS IN ACCORDANCE WITH SECTION 708.

HORIZONTAL UNIT

SEPARATION
FLOOR ASSEMBLIES SEPARATING DWELLING UNITS IN THE SAME BUILDINGS, SEC. 420.3; SEC. 711

FLOOR ASSEMBLIES SEPARATING SLEEPING UNITS IN THE SAME BUILDING

AND FLOOR ASSEMBLIES SEPARATING DWELLING OR SLEEPING UNITS FROM

OTHER OCCUPANCIES CONTIGUOUS TO THEM IN THE SAME BUILDING

SHALL BE CONSTRUCTED AS HORIZONTAL ASSEMBLIES IN ACCORDANCE WITH SECTION 711.

SEE ASSISTED LIVING FIRE AREA PLANS ON THIS SHEET.

FIRE-RESISTANCE RATING

REQUIREMENTS
BUILDING ELEMENT FIRE-RESISTANCE RATING TABLE 601
PRIMARY STRUCTURAL FRAME 1 HOUR

BEARING WALLS

EXTERIOR

INTERIOR
1 HOUR
1 HOUR

NONBEARING WALLS AND PARTITIONS

EXTERIOR

INTERIOR
SEE TABLE 705.5 BELOW
0 HOURS

FLOOR CONSTRUCTION AND ASSOCIATED
SECONDARY STRUCTURAL MEMBERS 1 HOUR

ROOF CONSTRUCTION AND ASSOCIATED
SECONDARY STRUCTURAL MEMBERS 1 HOUR
FIRE SEPARATION DISTANCE RATING FOR A, B & R OCCUPANCY TABLE 705.5* X < 5'
5' < X < 10'
10' < X < 30'
X > 30'
1 HOUR
1 HOUR
1 HOUR
0 HOURS

HORIZONTAL BUILDING

SEPARATION
THE ASSISTED LIVING BUILDING IS CONSIDERED AS SEPARATE AND DISTINCT SEC. 510.2

FROM THE PARKING GARAGE FOR THE PURPOSE OF DETERMINING AREA

LIMITATIONS, CONTINUITY OF FIRE WALLS, LIMITATION OF NUMBER OF

STORIES AND TYPE OF CONSTRUCTION SINCE THE FOLLOWING CONDITIONS ARE MET:

1. THE BUILDINGS ARE SEPARATED WITH A HORIZONTAL ASSEMBLY HAVING A FIRE-RESISTANCE RATING OF NOT LESS THAN 3 HOURS.

2. THE BUILDING BELOW, INCLUDING THE HORIZONTAL ASSEMBLY, IS OF TYPE I-A CONSTRUCTION.

3. SHAFT, STAIRWAY, RAMP AND ESCALATOR ENCLOSURES THROUGH THE HORIZONTAL ASSEMBLY SHALL HAVE NOT LESS THAN A 2-HOUR

FIRE-RESISTANCE RATING WITH OPENING PROTECTIVES IN
ACCORDANCE WITH SECTION 716.

4. INTERIOR EXIT STAIRWAYS LOCATED WITHIN THE TYPE I-A BUILDING

ARE PERMITTED TO BE OF COMBUSTIBLE MATERIALS SINCE THE
FOLLOWING REQUIREMENTS ARE MET:
a. THE BUILDING ABOVE THE TYPE I-A BUILDING IS OF
TYPE V CONSTRUCTION.
b. THE STAIRWAY LOCATED IN THE TYPE I-A BUILDING IS
ENCLOSED BY 3-HOUR FIRE-RESISTANCE-RATED

CONSTRUCTION WITH OPENING PROTECTIVES IN
ACCORDANCE WITH SECTION 716.

5. THE BUILDINGS ABOVE THE HORIZONTAL ASSEMBLY SHALL BE

PERMITTED TO HAVE MULTIPLE GROUP A OCCUPANCY USES, EACH WITH AN OCCUPANT LOAD OF LESS THAN 300, OR GROUP B, M, R OR S OCCUPANCIES.

6. THE BUILDING BELOW THE HORIZONTAL ASSEMBLY SHALL BE

PROTECTED THROUGHOUT BY AN APPROVED AUTOMATIC
SPRINKLER SYSTEM IN ACCORDANCE WITH SECTION 903.3.1.1, AND

SHALL BE PERMITTED TO BE ANY OCCUPANCY ALLOWED BY THIS
CODE EXCEPT GROUP H.

7. THE MAXIMUM BUILDING HEIGHT IN FEET SHALL NOT EXCEED THE LIMITS SET FORTH IN SECTION 504.3 FOR THE BUILDING HAVING THE

SMALLER ALLOWABLE HEIGHT AS MEASURED FROM THE GRADE
PLANE.

FIRE AREAS TABLE 707.3.10
TABLE 706.4, NOTE a
SEC. 707.3.10

THE FIRE BARRIERS, FIRE WALLS, HORIZONTAL ASSEMBLIES OR

COMBINATIONS THEREOF SEPARATING A SINGLE OCCUPANCY INTO

DIFFERENT FIRE AREAS SHALL HAVE A FIRE-RESISTANCE RATING OF NOT LESS THAN THAT INDICATED IN TABLE 707.3.10. THE FIRE BARRIERS, FIRE WALLS,

HORIZONTAL ASSEMBLIES OR COMBINATIONS THEREOF SEPARATING FIRE

AREAS OF MIXED OCCUPANCIES SHALL HAVE A FIRE-RESISTANCE RATING OF NOT LESS THAN THE HIGHEST VALUE INDICATED IN TABLE 707.3.10 FOR THE OCCUPANCIES UNDER CONSIDERATION.

SMOKE BARRIERS SMOKE BARRIERS SHALL BE PROVIDED IN GROUP R-2.1 TO SUBDIVIDE EVERY SEC. 420.6

STORY USED BY PERSONS RECEIVING CARE, TREATMENT OR SLEEPING AND TO PROVIDE OTHER STORIES WITH AN OCCUPANT LOAD OF 50 OR MORE PERSONS, INTO NOT FEWER THAN TWO SMOKE COMPARTMENTS. SUCH

STORIES SHALL BE DIVIDED INTO SMOKE COMPARTMENTS WITH AN AREA OF NOT MORE THAN 22,500 SQUARE FEET (2,092 M2) AND THE DISTANCE OF

TRAVEL FROM ANY POINT IN A SMOKE COMPARTMENT TO A SMOKE BARRIER DOOR SHALL NOT EXCEED 200 FEET (60,960 MM). THE SMOKE BARRIER SHALL BE IN ACCORDANCE WITH SECTION 709.
(BUILDING 3 - SEE SHEET G-224)
* UNLIMITED AREA OF NON-RATED OPENINGS ALLOWED PER FOOTNOTE g, ** AREA FACTOR INCREASE BASED ON >25%-<50% FRONTAGE ON ALL FLOORS PER TABLE 506.3.3. *** BUILDING 3 DOES NOT QUALIFY FOR AREA FACTOR INCREASE BASED ON <25 % FRONTAGE PER TABLE 506.3.3.
* AREA FACTOR INCREASE BASED ON >50% FRONTAGE ON ALL FLOORS PER TABLE 506.3.3. * UNLIMITED AREA OF NON-RATED OPENINGS ALLOWED PER FOOTNOTE g, SEE SHEET A-201-AL FOR ASSISTED LIVING PARKING GARAGE PLAN.

DEMAND: PER CITY OF TUSTIN CODE OF ORDINANCES ARTICLE 9, PART 6 SEC. 9263 45 SPACES (1 SPACE/3 BEDS = 134/3)
PROVIDED: @ PARKING GARAGE: 56 SPACES
@ SURFACE PARKING : 11 SPACES
ACCESSIBLE SPACES:

REQUIRED: 5% PERCENT OF TOTAL SPACES TO BE ACCESSIBLE (PER 2022 CBC SEC. 11B-208.1 & 11B-208.2.3.1, & TABLE 11B-208.2) @ PARKING GARAGE: 56 x 5% = 3 ACCESSIBLE SPACES
@ SURFACE PARKING: 11 x 5% = 1 ACCESSIBLE SPACE
PROVIDE 1 VAN-ACCESSIBLE SPACE FOR EVERY 8 ACCESSIBLE SPACES (PER 2022 CBC SEC. 11B-208.2.4) PROVIDED: @ PARKING GARAGE: 3 ACCESSIBLE SPACES (INCLUDING 1 VAN SPACE) @ SURFACE PARKING: 1 VAN ACCESSIBLE SPACE

ELECTRIC VEHICLE SPACES: PER 2022 CALGREEN SEC. 4.106.4.2.2 REQUIRED: EV READY ('EVR' IN PLAN): 40% OF TOTAL SPACES @ PARKING GARAGE: 56 x 40% = 23 LEVEL 2 RECEPTACLES
@ SURFACE PARKING: 11 x 40% = 5 LEVEL 2 RECEPTACLES

EV CHARGERS ('EVCS' IN PLAN): 10% OF TOTAL SPACES
@ PARKING GARAGE: 56 x 10% = 6 LEVEL 2 EV CHARGERS
PROVIDE 1 VAN-ACCESSIBLE EVCS AND 1 ACCESSIBLE EVCS (PER 2022 CBC TABLE 11B-228.3.2.1) @ SURFACE PARKING: 11 x 10% = 2 LEVEL 2 EV CHARGER
PROVIDE 1 VAN-ACCESSIBLE EVCS (PER 2022 CBC TABLE 11B-228.3.2.1) PROVIDED: EV READY (EVR):
@ PARKING GARAGE: 24 LOW POWER LEVEL 2 RECEPTACLES
@ SURFACE PARKING: 6 LOW POWER LEVEL 2 RECEPTACLES
EV CHARGERS (EVCS):
@ PARKING GARAGE: 6 LEVEL 2 EV CHARGERS (INCLUDING 1 VAN-ACCESSIBLE AND 1 ACCESSIBLE SPACE) @ SURFACE PARKING: 2 LEVEL 2 EV CHARGERS (INCLUDING 1 VAN-ACCESSIBLE SPACE)

SHORT-TERM BICYCLE PARKING:

NOT REQUIRED PER 2022 CALGREEN SEC. 5.106.4.1.1
LONG-TERM BICYCLE PARKING: PER 2022 CALGREEN SEC. 5.106.4.1.2 REQUIRED: TBD
PROVIDED: TBD
PER TUSTIN LEGACY SPECIFIC PLAN (ORDINANCE 1482 07-18-17) SEC. 3.11.2 - DEVELOPMENT STANDARDS FOR PLANNING AREAS 8, 13 & 14:

TABLE 3-22 SITE CONFIGURATION REGULATIONS
LOT AREA (RESIDENTIAL):

BUILDING SETBACKS:

ARMSTRONG AVENUE:

WARNER AVENUE:

LOCAL ROAD:

DISTANCE BETWEEN BUILDING AND ACCESSORY STRUCTURE:

TABLE 3-26 PERMITTED USE REGULATIONS
SERVICE COMMERCIAL:

OFFICE:

RETAIL COMMERCIAL:

PUBLIC/INSTITUTIONAL:

PER TUSTIN CODE OF ORDINANCES CHAPTER 2, SEC. 9266 LANDSCAPE REQUIREMENTS FOR PARKING AREAS (ORD. NO. 1418, SEC. 11, 2-5-13):

PERMANENT LANDSCAPING FOR INTERIOR PARKING LOT:

REQUIRED: 5% OF INTERIOR PARKING LOT AREA
PROPOSED:

PERIMETER PARKING LOT LANDSCAPING ALONG STREET FRONTAGES:

REQUIRED: 10' - 0" WIDE ALONG MAJOR ARTERIAL HIGHWAY
PROPOSED: N/A (NO PARKING LOT ALONG MAJOR ARTERIAL HIGHWAY) USE

GENERAL SERVICE BUSINESS
USE

GENERAL OFFICE

MEDICAL OFFICE/HEALTHCARE CENTER
USE

GENERAL RETAIL
USE

CONGREGATE CARE, ASSISTED LIVING FACILITY

OPEN SPACE, PUBLIC/PRIVATE

RECREATIONAL FACILITY, PUBLIC/PRIVATE

GROUND FLOOR

PERMITTED

GROUND FLOOR

PERMITTED

PERMITTED

GROUND FLOOR

PERMITTED

GROUND FLOOR

CONDITIONAL

PERMITTED

CONDITIONAL

UPPER FLOORS

PERMITTED

UPPER FLOORS

PERMITTED

PERMITTED

UPPER FLOORS

PERMITTED

UPPER FLOORS

CONDITIONAL

PERMITTED

CONDITIONAL

MINIMUM
NONE

MINIMUM
20' - 0"
20' - 0"
10' - 0"

MINIMUM
5' - 0"

MAXIMUM
NONE

MAXIMUM
NONE
NONE
NONE

MAXIMUM
NONE
ACTUAL

6.14 AC (267,378 SF)

PROPOSED
11' - 10" MIN.
20' - 0" MIN.
11' - 7" MIN.

PROPOSED
47' - 9" MIN.

TABLE 3-23 BUILDING HEIGHT REGULATIONS
BUILDING HEIGHT:

TABLE 3-24 FRONTAGE CATEGORIES
GROUND-FLOOR RESIDENTIAL:

TABLE 3-25 OPEN SPACE REGULATIONS
RESIDENTIAL:

MINIMUM
NONE

FRONTAGE TYPE
PORCH
TYPE
COMMON

MAXIMUM
150' - 0"
WARNER

PERMITTED

STANDARD
100 SF PER UNIT

PROPOSED
60' - 0" MAX.
(AVE. ROOF DECK HEIGHT)

LOCAL CONNECTOR

PERMITTED

PROPOSED

SEE TABLE BELOW
COMMON

REQUIREMENT
5% OF PROJECT SITE AREA

OPEN SPACE TYPE

ASSISTED LIVING OPEN SPACE SUMMARY

SITE AREA
145,854.24 SF

REQUIRED OPEN SPACE
7,292.71 SF

PROVIDED
18,162 SF (AL COURTYARD)
BUILDING 1 BUILDING 2 BUILDING 3 BUILDING 4 2-HR. RATED FIRE WALL BUILDING 4
20,172 SF
BUILDING 1
35,206 SF
BUILDING 2
11,794 SF
BUILDING 3
8,749 SF
BUILDING 1
32,574 SF
BUILDING 3
15,902 SF
BUILDING 2
20,410 SF
BUILDING 1 BUILDING 2 BUILDING 3 BUILDING 4 2-HR. RATED FIRE WALL • FIRE SPRINKLER SUPPRESSION SYSTEM & FIRE MONITORING/ALARM SYSTEM • ELEVATOR SYSTEMS
• PHOTOVOLTAIC SYSTEM
• DIESEL FUEL TANK FOR GENERATOR
• KITCHEN HOOD SUPPRESSION SYSTEM
• EMERGENCY RESPONDER RADIO COVERAGE
• SITE SIGNAGE
C HPI ARCHITECTURE 2025

SHEET NUMBER

SHEET TITLE

THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY

AND COPYRIGHT OF THE ARCHITECT AND SHALL NOT BE USED

ON ANY OTHER PROJECT OR LOCATIONS EXCEPT AS DESCRIBED

ON THE DRAWINGS, WITHOUT WRITTEN AGREEMENT WITH THE
ARCHITECT.

PROJECT IDENTIFICATION

THE DRAWINGS IN THE SHEET INDEX WERE ORIGINALLY CREATED IN AUTODESK REVIT V. 2025 UNLESS OTHERWISE NOTED.

SEAL
THE ORIGINAL SIZE OF THIS SHEET IS 30" X 42".

PROJECT TITLE

CONSULTANTS

CITY APPROVAL
Autodesk Docs://Clearwater Tustin/Clearwater_Tustin_Site_R25.rvt 1/22/2026 1:18:32 PM

ASSISTED LIVING

PROJECT DATA AND

CODE ANALYSIS
G-132

CLEARWATER AT TUSTIN LEGACY

ASSISTED LIVING PARKING GARAGE

TYPE COUNT
ACCESSIBLE 2
ACCESSIBLE EV CHARGER 1
EV CHARGER 4
EV READY 24
STANDARD 23
VAN ACC. 1
VAN ACC. EV CHARGER 1
AL STANDARD PARKING TOTAL: 56

ASSISTED LIVING SURFACE PARKING

TYPE COUNT
BUS PARKING 1
EV CHARGER 1
EV READY 6
STANDARD 1
VAN ACC. 1
VAN ACC. EV CHARGER 1
AL SURFACE PARKING TOTAL: 11

GOVERNING CODES AND STANDARDS ASSISTED LIVING PROJECT DATA ASSISTED LIVING (AL):

LEVEL OF CARE: ASSISTED LIVING (AL) AND MEMORY CARE (MC) NO. OF AL UNITS: 75 UNITS
NO. OF MC UNITS: 28 UNITS
OCCUPANCY GROUPS: R-2.1; A-2; B
NO. OF STORIES: 2 STORIES;1 STORY o/ A 1-STORY PARKING GARAGE CONSTRUCTION TYPE: TYPE V-A WOOD-FRAME CONSTRUCTION/ TYPE V-A WOOD-FRAME CONSTRUCTION o/ TYPE I-A CONCRETE CONSTRUCTION PARKING
GARAGE
GROSS FLOOR AREA: 142,566 SF
COMMON OPEN SPACE:

SEE ASSISTED LIVING OPEN SPACE SUMMARY UNDER 'LOCAL ZONING CODE COMPLIANCE' ON THIS SHEET.

ASSISTED LIVING PARKING ANALYSIS

LOCAL ZONING CODE COMPLIANCE

ASSISTED LIVING BUILDING CODE ANALYSIS
O/A 67,7803 SF 1.825 <2
2 R-2.1 31,500 SF 5,639 SF 37,139 SF 32,574 SF 0.877 <1 1 R-2.1 31,500 SF 5,639 SF 37,139 SF 35,206 SF 0.948 <1 FLR.

MOST
RESTRICTIVE
OCC.

GROUP

ALLOWABLE
AREA (At)
(TABLE 506.2)

FRONTAGE
INCREASE*
TOTAL

ALLOWABLE

AREA PER
FLOOR
ACTUAL
BUILDING 1
AREA
RATIO
ASSISTED LIVING BUILDING 1 (TYPE V-A CONSTRUCTION)
O/A 32,204 SF 0.944 <2
2 R-2.1 31,500 SF 2,625 SF 34,125 SF 20,410 SF 0.598 <1 1 R-2.1 31,500 SF 2,625 SF 34,125 SF 11,794 SF 0.346 <1 FLR.

MOST
RESTRICTIVE
OCC.

GROUP

ALLOWABLE
AREA (At)
(TABLE 506.2)

FRONTAGE
INCREASE**
TOTAL

ALLOWABLE

AREA PER
FLOOR
ACTUAL
BUILDING 2
AREA
RATIO
ASSISTED LIVING BUILDING 2 (TYPE V-A CONSTRUCTION)

ASSISTED LIVING FIRE AREA PLANS

DEFERRED SUBMITTALS
SCALE
1" = 40'-0"
FIRST FLOOR FIRE AREA PLAN 1
SCALE
1" = 40'-0"
SECOND FLOOR FIRE AREA PLAN 2
ISSUED
# DATE DESCRIPTION
2025-06-26 1ST ENTITLEMENT SUBMITTAL
2025-08-22 2ND ENTITLEMENT SUBMITTAL
2025-10-09 3RD ENTITLEMENT SUBMITTAL
2026-01-23 4TH ENTITLEMENT SUBMITTAL
O/A 24,651 SF 0.783 <2
2 R-2.1 31,500 SF N/A 31,500 SF 15,902 SF 0.505 <1
1 R-2.1 31,500 SF N/A 31,500 SF 8,749 SF 0.278 <1
FLR.

MOST
RESTRICTIVE
OCC.

GROUP

ALLOWABLE
AREA (At)
(TABLE 506.2)

FRONTAGE
INCREASE***
TOTAL

ALLOWABLE

AREA PER
FLOOR
ACTUAL
BUILDING 3
AREA
RATIO
ASSISTED LIVING BUILDING 3 (TYPE V-A CONSTRUCTION)

AA COURTYARD

AMENITY ROOF DECK
ROOF

INTERIOR SPACES UNIT BALCONIES AMENITY ROOF DECK

INTERIOR SPACES UNIT BALCONIES

INTERIOR SPACES UNIT BALCONIES

PARKING GARAGE INTERIOR SPACES

INTERIOR SPACES UNIT BALCONIES LARGE BALCONIES AA AMENITY ROOF DECK C HPI ARCHITECTURE 2025

SHEET NUMBER

SHEET TITLE

THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY

AND COPYRIGHT OF THE ARCHITECT AND SHALL NOT BE USED

ON ANY OTHER PROJECT OR LOCATIONS EXCEPT AS DESCRIBED

ON THE DRAWINGS, WITHOUT WRITTEN AGREEMENT WITH THE
ARCHITECT.

PROJECT IDENTIFICATION

THE DRAWINGS IN THE SHEET INDEX WERE ORIGINALLY CREATED IN AUTODESK REVIT V. 2025 UNLESS OTHERWISE NOTED.

SEAL
THE ORIGINAL SIZE OF THIS SHEET IS 30" X 42".

PROJECT TITLE

CONSULTANTS

CITY APPROVAL
Autodesk Docs://Clearwater Tustin/Bldg1_Active_Adult_AR_R25.rvt 1/22/2026 1:28:14 PM

ACTIVE ADULT

BUILDING GROSS

FLOOR AREA PLANS
G-216

CLEARWATER AT TUSTIN LEGACY
SCALE
1" = 30'-0" FIFTH FLOOR GSF AREA PLAN 5
SCALE
1" = 30'-0"
FIRST FLOOR GSF AREA PLAN 1
SCALE
1" = 30'-0"
SECOND FLOOR GSF AREA PLAN 2
SCALE
1" = 30'-0"
THIRD FLOOR GSF AREA PLAN 3
SCALE
1" = 30'-0" FOURTH FLOOR GSF AREA PLAN 4

ACTIVE ADULT BUILDING GSF (ENCLOSED INTERIOR SPACES ONLY)

FLOOR LEVEL FLOOR AREA
FIRST FLOOR 8265 SF
SECOND FLOOR 57720 SF
THIRD FLOOR 53095 SF
FOURTH FLOOR 51363 SF
FIFTH FLOOR 51363 SF
GRAND TOTAL 221807 SF

PARKING, BALCONIES, COURTYARD AND AMENITY ROOF DECK

FLOOR LEVEL AREA/SPACE FLOOR AREA
FIRST FLOOR PARKING GARAGE 71554 SF
SECOND FLOOR UNIT BALCONIES 1337 SF
SECOND FLOOR LARGE BALCONIES 3253 SF
SECOND FLOOR AA COURTYARD 17125 SF
THIRD FLOOR UNIT BALCONIES 3768 SF
THIRD FLOOR AMENITY ROOF DECK 4839 SF
FOURTH FLOOR UNIT BALCONIES 3843 SF
FIFTH FLOOR UNIT BALCONIES 3843 SF
GRAND TOTAL 109563 SF
* EXCLUDES UNIT PATIOS AT AA COURTYARD.
** INCLUDES UNIT PATIOS AT AA COURTYARD.
*

ACTIVE ADULT BUILDING AREA SUMMARY

ACTIVE ADULT PARKING GARAGE EFFICIENCY
PARKING GARAGE GROSS FLOOR AREA = 71,554 SF
NUMBER OF PARKING SPACES = 188 SPACES*
PARKING SPACE DENSITY/EFFICIENCY = 380.61 SF/PARKING SPACE * SEE PARKING ANALYSIS ON SHEET G-131 FOR BREAKDOWN OF ADA, EV AND STANDARD PARKING SPACES.
**
ISSUED
# DATE DESCRIPTION
2025-06-26 1ST ENTITLEMENT SUBMITTAL
2025-08-22 2ND ENTITLEMENT SUBMITTAL
2025-10-09 3RD ENTITLEMENT SUBMITTAL
2026-01-23 4TH ENTITLEMENT SUBMITTAL

AA COURTYARD
1BR/1BA
1BR/1BA XL
2BR/2BA
2BR/2BA XL
B.O.H.

CIRCULATION

COMMON AREAS
SMALL 1 BR/1BA

OUTDOOR
1BR/1BA
230
756 SF
2BR/2BA
232
1086 SF
2BR/2BA
231
1113 SF
1BR/1BA
234
762 SF
1BR/1BA
236
761 SF
2BR/2BA XL
238
1223 SF
2BR/2BA XL
240
1309 SF
2BR/2BA XL
242
1309 SF
2BR/2BA XL
244
1309 SF
1BR/1BA XL
246
939 SF
1BR/1BA
248
758 SF
1BR/1BA
250
761 SF
2BR/2BA
229
1122 SF
1BR/1BA XL
233
1124 SF
2BR/2BA
251
1109 SF
2BR/2BA
249
1112 SF
1BR/1BA XL
243
1200 SF
1BR/1BA
241
788 SF
1BR/1BA
228
797 SF
2BR/2BA XL
226
1312 SF
2BR/2BA XL
224
1307 SF
2BR/2BA XL
222
1318 SF
2BR/2BA
221
1123 SF
1BR/1BA
227
789 SF
1BR/1BA
223
786 SF
2BR/2BA XL
216
1387 SF
2BR/2BA
214
1086 SF
2BR/2BA
208
1087 SF
2BR/2BA XL
206
1231 SF
1BR/1BA
201
796 SF
1BR/1BA
202
760 SF
1BR/1BA
204
756 SF
1BR/1BA
213
784 SF
1BR/1BA XL
219
1023 SF
1BR/1BA XL
220
920 SF
1BR/1BA XL
218
912 SF
1BR/1BA
212
755 SF
1BR/1BA
210
755 SF
(FOR RESIDENT USE ONLY. NOT

OPEN TO THE PUBLIC)

GREAT ROOM

ACTIVITY ROOM

YOGA FITNESS

M LOCKERS
1BR/1BA
205
783 SF
SM 1BR/1BA
203
659 SF
SM 1BR/1BA
211
660 SF
1BR/1BA XL
209
1103 SF
SM 1BR/1BA
225
658 SF

W LOCKERS
(FOR RESIDENT USE ONLY. NOT

OPEN TO THE PUBLIC)
(FOR RESIDENT USE ONLY. NOT

OPEN TO THE PUBLIC)
(FOR RESIDENT USE ONLY. NOT

OPEN TO THE PUBLIC)
(FOR RESIDENT USE ONLY.

NOT OPEN TO THE PUBLIC)
BAR AREA/LOUNGE (FOR RESIDENT USE ONLY.

NOT OPEN TO THE PUBLIC)

AMENITY ROOF DECK
1BR/1BA
330
756 SF
2BR/2BA
332
1086 SF
2BR/2BA
331
1113 SF
1BR/1BA
334
762 SF
1BR/1BA
336
763 SF
2BR/2BA XL
338
1126 SF
2BR/2BA XL
340
1310 SF
2BR/2BA XL
342
1309 SF
2BR/2BA XL
344
1310 SF
1BR/1BA XL
346
939 SF
1BR/1BA
348
758 SF
1BR/1BA
350
761 SF
2BR/2BA
329
1122 SF
1BR/1BA XL
333
1127 SF
2BR/2BA
351
1125 SF
2BR/2BA
349
1111 SF
1BR/1BA XL
343
1200 SF
1BR/1BA
341
785 SF
1BR/1BA
328
794 SF
2BR/2BA XL
326
1312 SF
2BR/2BA XL
324
1307 SF
2BR/2BA XL
322
1319 SF
2BR/2BA
321
1116 SF
1BR/1BA
327
789 SF
1BR/1BA
323
786 SF
2BR/2BA XL
316
1387 SF
2BR/2BA
314
1086 SF
2BR/2BA
308
1087 SF
2BR/2BA XL
306
1231 SF
1BR/1BA
301
795 SF
1BR/1BA
302
760 SF
1BR/1BA
304
755 SF
1BR/1BA
313
784 SF
1BR/1BA XL
319
1025 SF
1BR/1BA XL
320
920 SF
1BR/1BA XL
318
912 SF
1BR/1BA
312
755 SF
1BR/1BA
310
755 SF
1BR/1BA
305
783 SF
SM 1BR/1BA
303
659 SF
SM 1BR/1BA
311
660 SF
1BR/1BA XL
309
1103 SF
SM 1BR/1BA
325
658 SF
ROOF
1BR/1BA
430
756 SF
2BR/2BA
432
1086 SF
2BR/2BA
431
1113 SF
1BR/1BA
434
762 SF
1BR/1BA
436
763 SF
2BR/2BA XL
438
1126 SF
2BR/2BA XL
440
1310 SF
2BR/2BA XL
442
1309 SF
2BR/2BA XL
444
1310 SF
1BR/1BA XL
446
939 SF
1BR/1BA
448
757 SF
1BR/1BA
450
761 SF
2BR/2BA
429
1122 SF
1BR/1BA XL
433
1127 SF
2BR/2BA
451
1124 SF
2BR/2BA
449
1111 SF
1BR/1BA XL
443
1200 SF
1BR/1BA
441
785 SF
1BR/1BA
428
794 SF
2BR/2BA XL
426
1312 SF
2BR/2BA XL
424
1307 SF
2BR/2BA XL
422
1319 SF
2BR/2BA
421
1116 SF
1BR/1BA
427
789 SF
1BR/1BA
423
786 SF
2BR/2BA XL
416
1387 SF
2BR/2BA
414
1086 SF
2BR/2BA
408
1087 SF
2BR/2BA XL
406
1231 SF
1BR/1BA
401
795 SF
1BR/1BA
402
760 SF
1BR/1BA
404
755 SF
1BR/1BA
413
784 SF
1BR/1BA XL
419
1025 SF
1BR/1BA XL
420
920 SF
1BR/1BA XL
418
912 SF
1BR/1BA
412
755 SF
1BR/1BA
410
755 SF
1BR/1BA
405
783 SF
SM 1BR/1BA
403
659 SF
SM 1BR/1BA
411
660 SF
1BR/1BA XL
409
1103 SF
SM 1BR/1BA
425
658 SF
1BR/1BA
530
756 SF
2BR/2BA
532
1086 SF
2BR/2BA
531
1113 SF
1BR/1BA
534
762 SF
1BR/1BA
536
763 SF
2BR/2BA XL
538
1126 SF
2BR/2BA XL
540
1310 SF
2BR/2BA XL
542
1309 SF
2BR/2BA XL
544
1310 SF
1BR/1BA XL
546
939 SF
1BR/1BA
548
758 SF
1BR/1BA
550
761 SF
2BR/2BA
529
1122 SF
1BR/1BA XL
533
1127 SF
2BR/2BA
551
1124 SF
2BR/2BA
549
1111 SF
1BR/1BA XL
543
1200 SF
1BR/1BA
541
785 SF
1BR/1BA
528
794 SF
2BR/2BA XL
526
1312 SF
2BR/2BA XL
524
1307 SF
2BR/2BA XL
522
1319 SF
2BR/2BA
521
1116 SF
1BR/1BA
527
789 SF
1BR/1BA
523
786 SF
2BR/2BA XL
516
1387 SF
2BR/2BA
514
1086 SF
2BR/2BA
508
1087 SF
2BR/2BA XL
506
1231 SF
1BR/1BA
501
795 SF
1BR/1BA
502
760 SF
1BR/1BA
504
755 SF
1BR/1BA
513
784 SF
1BR/1BA XL
519
1025 SF
1BR/1BA XL
520
920 SF
1BR/1BA XL
518
912 SF
1BR/1BA
512
755 SF
1BR/1BA
510
755 SF
1BR/1BA
505
783 SF
SM 1BR/1BA
503
659 SF
SM 1BR/1BA
511
660 SF
1BR/1BA XL
509
1103 SF
SM 1BR/1BA
525
658 SF
(FOR RESIDENT USE ONLY.

NOT OPEN TO THE PUBLIC)
LOBBY
MAIL/BUS. CENTER
LEASING REC.

MANAGER

CONFERENCE
MAINT. OFF.

STOR.
(FOR RESIDENT USE ONLY. NOT OPEN TO THE PUBLIC)
LEASING REC.

RR
RR
TRASH B.O.H.

TRASHB.O.H. MAIN ELECTRICAL
B.O.H.

POOL EQUIPMENT
B.O.H.

STAIR 2
ELEV. 2
STAIR 3 ELEV. 1
STAIR 1
ELEC.

ELEC.

MPOE
ELEV. 3

BATTERY
C HPI ARCHITECTURE 2025

SHEET NUMBER

SHEET TITLE

THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY

AND COPYRIGHT OF THE ARCHITECT AND SHALL NOT BE USED

ON ANY OTHER PROJECT OR LOCATIONS EXCEPT AS DESCRIBED

ON THE DRAWINGS, WITHOUT WRITTEN AGREEMENT WITH THE
ARCHITECT.

PROJECT IDENTIFICATION

THE DRAWINGS IN THE SHEET INDEX WERE ORIGINALLY CREATED IN AUTODESK REVIT V. 2025 UNLESS OTHERWISE NOTED.

SEAL
THE ORIGINAL SIZE OF THIS SHEET IS 30" X 42".

PROJECT TITLE

CONSULTANTS

CITY APPROVAL
Autodesk Docs://Clearwater Tustin/Bldg1_Active_Adult_AR_R25.rvt 1/22/2026 1:28:20 PM

ACTIVE ADULT

RENTABLE AREA PLANS
G-220

CLEARWATER AT TUSTIN LEGACY

ACTIVE ADULT AREA SUMMARY
SCALE
1" = 30'-0"
SECOND FLOOR RENTABLE & PROGRAM AREA PLAN 2
SCALE
1" = 30'-0"
THIRD FLOOR RENTABLE & PROGRAM AREA PLAN 3
SCALE
1" = 30'-0" FOURTH FLOOR RENTABLE AREA PLAN 4
SCALE
1" = 30'-0" FIFTH FLOOR RENTABLE AREA PLAN 5

ACTIVE ADULT COMMON AREA SUMMARY

AREA/SPACE FLOOR AREA
ACTIVITY ROOM 682 SF
BAR AREA/LOUNGE 1,729 SF
BUILDING 3 0 SF
CONFERENCE 248 SF
FITNESS 895 SF
GREAT ROOM 1,433 SF
LEASING REC. 237 SF
LOBBY 1,275 SF
M LOCKERS 418 SF
MAIL/BUS. CENTER 693 SF
MAINT. OFF. 133 SF
MANAGER 158 SF
RR 138 SF
STOR 134 SF
W LOCKERS 424 SF
YOGA 691 SF
TOTAL ACTIVE ADULT COMMON AREAS: 9,288 SF
SCALE
1" = 30'-0"
FIRST FLOOR PROGRAM AREA PLAN 1

ACTIVE ADULT UNIT MIX SUMMARY
UNIT TYPE NO. OF UNITS FLOOR AREA
1BR/1BA 64 49,376 SF
1BR/1BA XL 28 28,900 SF
2BR/2BA 32 35,376 SF
2BR/2BA XL 36 46,534 SF
SM 1BR/1BA 12 7,908 SF
NUMBER OF ACTIVE ADULT UNITS: 172 168,094 SF

ACTIVE ADULT CIRCULATION AREA SUMMARY

AREA/SPACE FLOOR AREA
ADMIN. HALLWAY 197 SF
CORRIDOR 27,693 SF
ELEV. 991 SF
ELEV. 1 83 SF
ELEV. 2 137 SF
ELEV. 3 77 SF
STAIR 1 1,926 SF
STAIR 2 1,995 SF
STAIR 3 1,905 SF
TOTAL ACTIVE ADULT CIRCULATION AREAS: 35,005 SF

AREA PLAN LEGEND
ACTIVE ADULT B.O.H. AREA SUMMARY

AREA/SPACE FLOOR AREA
B.O.H. 4,834 SF
BATTERY 304 SF
ELEC. 368 SF
MAIN ELECTRICAL 754 SF
MPOE 189 SF
POOL EQUIPMENT 266 SF
STOR. 98 SF
TRASH 2,007 SF
TOTAL ACTIVE ADULT B.O.H. AREAS: 8,822 SF

ACTIVE ADULT OUTDOOR AREA SUMMARY

AREA/SPACE FLOOR AREA
AA COURTYARD 13,875 SF
AMENITY ROOF DECK 4,837 SF
TOTAL ACTIVE ADULT OUTDOOR AREAS: 18,713 SF
* EXCLUDES UNIT PATIOS AT AA COURTYARD. COURTYARD UNIT PATIO AREAS ASSIGNED TO ASSOCIATED UNITS ON THIS SHEET.
*
ISSUED
# DATE DESCRIPTION
2025-06-26 1ST ENTITLEMENT SUBMITTAL
2025-08-22 2ND ENTITLEMENT SUBMITTAL
2025-10-09 3RD ENTITLEMENT SUBMITTAL
2026-01-23 4TH ENTITLEMENT SUBMITTAL
DN

ASSISTED LIVING MEMORY CARE UNIT BALCONIES LARGE BALCONIES MC BALCONY

PARKING GARAGE ASSISTED LIVING UNIT BALCONIES LARGE BALCONIES COURTYARD

AL COURTYARD

PARKING GARAGE

AL COURTYARD
2BED/2BATH
158
1058 SF
2BED/2BATH XL
157
1160 SF
2BED/2BATH XL
155
1149 SF
2BED/2BATH XL
153
1155 SF
2BED/2BATH XL
151
1382 SF
SM 1BED/1BATH
125
588 SF
2BED/2BATH
126
1048 SF
2BED/2BATH
123
1052 SF
1BED/1BATH
124
696 SF
2BED/2BATH
119
1058 SF
2BED/2BATH
118
1145 SF
2BED/2BATH
116
1134 SF
1BED/1BATH
114
638 SF
SM 1BED/1BATH
113
840 SF
1BED/1BATH
112
1BED/1BATH 689 SF
110
1BED/1BATH 688 SF
108
1BED/1BATH 689 SF
106
688 SF
2BED/2BATH
111
1074 SF 1BED/1BATH
109
715 SF 1BED/1BATH
107
1BED/1BATH 714 SF
105
1BED/1BATH 714 SF
103
714 SF SM 1BED/1BATH
101
584 SF
2BED/2BATH
104
1044 SF
2BED/2BATH
102
1043 SF 1BED/1BATH
100
689 SF
1BED/1BATH
159
699 SF
1BED/1BATH
161
708 SF

MC BALCONY
1BED/1BATH
268
801 SF
1BED/1BATH
266
693 SF
1BED/1BATH
264
692 SF
1BED/1BATH
262
692 SF
SM 1BED/1BATH
260
588 SF
1BED/1BATH
259
701 SF
1BED/1BATH
261
712 SF
2BED/2BATH
265
1176 SF
1BED/1BATH
267
715 SF
2BED/2BATH
258
1061 SF
1BED/1BATH
256
1241 SF
2BED/2BATH
254
1149 SF
1BED/1BATH
252
692 SF
1BED/1BATH
250
694 SF
SM 1BED/1BATH
248
588 SF
1BED/1BATH
246
694 SF
SM 1BED/1BATH
244
593 SF
1BED/1BATH
242
698 SF
SM 1BED/1BATH
240
573 SF
1BED/1BATH
238
693 SF
SM 1BED/1BATH
236
590 SF
2BED/2BATH
234
1050 SF
2BED/2BATH
232
1128 SF
2BED/2BATH XL
230
1184 SF
2BED/2BATH XL
239
1456 SF
2BED/2BATH XL
241
1147 SF
2BED/2BATH XL
243
1146 SF
2BED/2BATH XL
245
1159 SF
1BED/1BATH
227
692 SF
2BED/2BATH
228
SM 1BED/1BATH 1046 SF
225
588 SF
1BED/1BATH
226
702 SF 2BED/2BATH
223
1055 SF
2BED/2BATH
224
1093 SF
2BED/2BATH
221
1077 SF
2BED/2BATH
219
1061 SF
SM 1BED/1BATH
222
1082 SF
SM 1BED/1BATH
213
840 SF
2BED/2BATH
218
1145 SF
2BED/2BATH
216
1136 SF
1BED/1BATH
214
642 SF 1BED/1BATH
212
692 SF 1BED/1BATH
210
691 SF
1BED/1BATH
211
717 SF

MC STUDIO
295
356 SF

MC STUDIO
297
355 SF

MC STUDIO
299
358 SF

MC STUDIO
293
355 SF

MC STUDIO
291
356 SF

MC STUDIO
289
355 SF

MC STUDIO
287
356 SF

MC STUDIO
285
355 SF

MC STUDIO
283
356 SF

MC STUDIO
281
355 SF

MC STUDIO
279
356 SF

MC STUDIO
277
355 SF

MC STUDIO
275
356 SF

MC STUDIO
273
355 SF

MC STUDIO
271
356 SF

MC STUDIO
269
355 SF

MC STUDIO
276
355 SF

MC STUDIO
278
353 SF

MC STUDIO
280
355 SF

MC STUDIO
282
355 SF

MC STUDIO
284
356 SF

MC STUDIO
286
355 SF

MC STUDIO
288
356 SF

MC STUDIO
290
355 SF

MC STUDIO
292
356 SF

MC STUDIO
294
355 SF

MC STUDIO
296
354 SF

MC STUDIO
298
357 SF
1BED/1BATH
263
883 SF
1BED/1BATH 2BED/2BATH 2BED/2BATH XL SM 1BED/1BATH CIRCULATION COMMON AREAS B.O.H. 1BED/1BATH 2BED/2BATH 2BED/2BATH XL SM 1BED/1BATH MC STUDIO COMMON AREAS CIRCULATION B.O.H.

C HPI ARCHITECTURE 2025

SHEET NUMBER

SHEET TITLE

THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY

AND COPYRIGHT OF THE ARCHITECT AND SHALL NOT BE USED

ON ANY OTHER PROJECT OR LOCATIONS EXCEPT AS DESCRIBED

ON THE DRAWINGS, WITHOUT WRITTEN AGREEMENT WITH THE
ARCHITECT.

PROJECT IDENTIFICATION

THE DRAWINGS IN THE SHEET INDEX WERE ORIGINALLY CREATED IN AUTODESK REVIT V. 2025 UNLESS OTHERWISE NOTED.

SEAL
THE ORIGINAL SIZE OF THIS SHEET IS 30" X 42".

PROJECT TITLE

CONSULTANTS

CITY APPROVAL
Autodesk Docs://Clearwater Tustin/Bldg2_Assisted_Living_AR_R25.rvt 1/22/2026 1:24:49 PM

ASSISTED LIVING/

MEMORY CARE AREA
PLANS
G-224

CLEARWATER AT TUSTIN LEGACY

ASSISTED LIVING BUILDING GSF (ENCLOSED INTERIOR SPACES ONLY)

FLOOR LEVEL NAME FLOOR AREA
FIRST FLOOR ASSISTED LIVING 53827 SF
SECOND FLOOR ASSISTED LIVING 50500 SF
SECOND FLOOR MEMORY CARE 17545 SF
GRAND TOTAL 121871 SF

PARKING, BALCONIES, COURTYARD AND MEMORY CARE BALCONY

FLOOR LEVEL AREA TYPE FLOOR AREA
FIRST FLOOR UNIT BALCONIES 389 SF
FIRST FLOOR PARKING GARAGE 20694 SF
FIRST FLOOR LARGE BALCONIES 2789 SF
FIRST FLOOR COURTYARD 20210 SF
SECOND FLOOR UNIT BALCONIES 2174 SF
SECOND FLOOR MC BALCONY 1358 SF
SECOND FLOOR LARGE BALCONIES 5723 SF
GRAND TOTAL 53337 SF
SCALE
1" = 30'-0"
FIRST FLOOR GSF AREA PLAN 1
SCALE
1" = 30'-0"
SECOND FLOOR GSF AREA PLAN 2
* EXCLUDES UNIT PATIOS AT COURTYARD.
** INCLUDES UNIT PATIOS AT COURTYARD.
*
**
SCALE
1" = 30'-0" FIRST FLOOR RENTABLE AREA PLAN 3
SCALE
1" = 30'-0" SECOND FLOOR RENTABLE AREA PLAN 4

ASSISTED LIVING BUILDING AREA SUMMARY

ASSISTED LIVING/MEMORY CARE AREA SUMMARY

ASSISTED LIVING PARKING GARAGE EFFICIENCY
PARKING GARAGE GROSS FLOOR AREA = 20,694 SF
NUMBER OF PARKING SPACES = 56 SPACES*
PARKING SPACE DENSITY/EFFICIENCY = 369.54 SF/PARKING SPACE * SEE PARKING ANALYSIS ON SHEET G-132 FOR BREAKDOWN OF ADA, EV AND STANDARD PARKING SPACES.

ASSISTED LIVING/MEMORY CARE UNIT SUMMARY

UNIT TYPE NUMBER OF UNITS FLOOR AREA
1BED/1BATH 33 23,776 SF
2BED/2BATH 21 22,832 SF
2BED/2BATH XL 9 10,938 SF
MC STUDIO 28 9,954 SF
SM 1BED/1BATH 12 7,453 SF
NUMBER OF AL/MC UNITS: 103 74,954 SF
ISSUED
# DATE DESCRIPTION
2025-06-26 1ST ENTITLEMENT SUBMITTAL
2025-08-22 2ND ENTITLEMENT SUBMITTAL
2025-10-09 3RD ENTITLEMENT SUBMITTAL
2026-01-23 4TH ENTITLEMENT SUBMITTAL
G-401
CLEARWATER AT TUSTIN LEGACY 01.23.2026

MATERIAL BOARD

8"W
12"W
12"W
E
E
E
E
E
E
E
E E E
E
E E
E E E
E
E
E
E
E E
E E E
E
E
E
E
E
E
E
E
E E
E E E
E
E
E

SL SL SL SL

E E E E
JT
JT
JT
JT
JT
JT
JT
JT JT
E
E
E
JT
JT
JT
JT
JT
JT
JT
JT JT
JT
E
JT
JT
JT
JT
JT
JT
JT
JT

E E E E
ST
ST
ST ST
SL
E
SL
E
E
E
E
E
E
E
E

E E E E
E
E
E
E

ST ST ST ST ST ST
ST
ST
ST
D
S
S
S
S
RWR
PB
PB
RWR

WARNER AVE

JOHN JOHNSON WAY
7 (37.55' R1)

37.55'
6 4
1 N17°00'00".E 432.38' (432.38' R1)
L=112.35'
(L=490.98' R1)
(L=603.35' R1) L=603.35'
N 64°05'52" W 280.62' (280.62' R1)
Δ=16°06'48"
(Δ=16°06'56" R1)

TELEPHONE PULL BOX (NE COR)

3.0' SW'LY OF PL

ELECTRIC PULL BOX (NE COR)

2.8' SW'LY OF PL

TV PULL BOX (NE COR)

3.3' SW'LY OF PL

TELEPHONE VAULT (NE COR)

2.0' SW'LY OF PL

WALL (NE COR END)

1.2' SW'LY OF PL

ELECTRIC PULL BOX (SE COR)

6.5' NE'LY OF PL

CULVERT BOX (SW COR)

2.4' NE'LY OF PL

IRRIGATION BOX (SE COR)

5.7' NE'LY OF PL

WALL (N'LY FACE)

0.1' SW'LY OF PL

WALL (N'LY FACE)

CROSSING PL

WALL (NW COR END)

8.4' NE'LY OF PL

IRRIGATION CONTROL BOX
(NE COR) 3.2' NW'LY OF PL

SEWER MAN HOLE (CENTER)

4.0' SE'LY OF PL

PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE & RIGHT OF WAY
DIRT

SIDEWALK (BACK)

0.1' NE'LY OF PL

SIDEWALK (BACK)

0.1' NE'LY OF PL
2 ARMSTRONG AVE

PROPOSED
5-STORY ACTIVE ADULT

BUILDING
FF ELEV = ± 55.80
FG ELEV = ± 54.47 PROPOSED 2-STORY ASSISTED LIVING
& MEMORY CARE BUILDING
FF ELEV = ± 55.80
FG ELEV = ± 54.80
EX 12" DW
EX 72" SD
EX 15" SS
C/L
C/L
C/L
C/L
L=23.37', R=15.00'
N23°14'34"E
L=59.44'
EXISTING 36" SD
EX. 36" SD
EX 10" SS
EX 10" DW
EX. 8" SS
EX. 10" WA

EX RW

EX ELEC
EX 24" SD
EX 10" WA
EX 8" SS
(NOT A PART)
(NOT A
PART)
L
=
4 7.60', R=20.00'

37.02' N 20°54'17" W
60 65
70 75
56 57
58 59
61 62
63 64
66 67
68 69
71 72
73 74
76 77
55 54
53 55
54 53
51 55
56 57
58 59
L=107.44', R=311.66' S64°38'16"E
L=6.95'
N25°54'08"E
L=126.17'
L=303.67'
(L=303.67' R1)
L=308.03'
(L=308.03' R1) (R=1982.00' R1) R=1982.00'
(R=1954.00' R1)
R=1954.00'
N 64°05'52" W 201.98' (201.98' R1)
(Δ=8°54'16" R1)
Δ=8°54'16"
Δ=8°54'16"
(Δ=8°54'16" R1)
Δ=5°48'14" R=1470.00'
(R=1470.00' R1) L=148.91' (Δ=5°48'14" R1)
(L=148.91' R1)
(Δ=20°05'37" R1) Δ=20°05'40" R=1400.00'
(R=1400.00' R1)
Δ=4°35'52"
(L=112.37' R1)
(Δ=4°35'55" R1)
(Δ=24°41'32" R1)
Δ=24°41'32"
(302.17' R1) 302.17' N 75°31'01" W
(L=96.90' R1)
(R=1460.00' R1)
Δ=3°48'10"
N50°49'29"W

50.00' (50.00' R1)
(114.22' R1) N39°10'31" E 114.22'
(Δ=12°32'28" R1) Δ=12°32'28"
R=1348.04' (R=1348.04' R1)
L=295.06' (L=295.06' R1)

55.000
53 53
54 54
59 54

PROPOSED LOT LINE

PROPOSED LOT LINE

PROPOSED (PRIVATE)MODULAR WETLAND

STORM DRAIN

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED
(PRIVATE) 8" SEWER
PROPOSED (PRIVATE) 6" FIRE

WATER AND BACKFLOW PREVENTER

PROPOSED (PRIVATE)
6" FIRE WATER

PROPOSED (PRIVATE)

OLDCASTLE STORMCAPTURE
PROPOSED (PRIVATE) 4" DOMESTIC

WATER AND BACKFLOW PREVENTER

PROPOSED
(PRIVATE) 8" SEWER

PROPOSED (PRIVATE)
48" STORM DRAIN

DEMOLISH PORTION OFEXISTING STORM DRAINLATERAL AND CATCH BASIN PROPOSED (PRIVATE) 8" SEWER

20.9'

23.7'

15.9'

11.6'

15.9'

70.4'

50.3'

12.8'

42.7'

35.0'

70.1'

25.3'

46.1'

24.6'

22.7'

25.7'

11.8'

15.4'
27' DRIVEWAY

17.2'

14.2'
27' DRIVEWAY

20.0'

20.0'
PARCEL 1
121,531 SF (2.79 AC) PARCEL 2
145,854 SF (3.35 AC)
3 1
4 P/L
P/L
P/L

PROPOSED (PRIVATE)
48" STORM DRAIN
N25°54'08"E
L=83.62'

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED
(PRIVATE)
8" SEWER
P/L
N 25°58'17" W

38.45'
(38.45' R1)
P/L

PROPOSED (PRIVATE)
6" FIRE WATER

PROPOSED (PRIVATE)
6" DOMESTIC WATER

PROPOSED (PRIVATE)
48" STORM DRAIN
B
B
B
B
B
A
A
(37.02' R1)
3 N 39°10'31" E 205.21'
(205.21' R1) N50°40'29"W

52.00'
(Δ=14°45'07" R1) Δ=14°45'07" Δ=32°59'59"
(Δ=32°59'59" R1)
R=1400.04'
(R=1400.04' R1)
(L=360.47' R1) L=360.47'
19 14
L=806.36' (L=806.36' R1)
(L=393.79' R1)
L=393.73'
19 P/L
234.24'
(234.24' R1)
N 73°00'08" W
206.24'
(206.24' R1)
N 73°00'08" W

5.0'
(NOT A
PART)

VETERANS WAY
5 1
(Δ=3°48'10" R1)

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

6.0'

REMOVE PORTION OF EXISTING
STORM DRAIN LATERAL ANDCATCH BASIN; CAP STORM

DRAIN AT PROPERTY LINE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)
48" STORM DRAIN

CAP EXISTING STORM

DRAIN CONNECTORPIPE AT PROPERTYLINE
1 L=96.90'
R=1460.00'
19 PROP
CB
PROP
CB
PROP
CB
PROP
CB
PROP
CB
PROP
CB
PROP
CB
TRACT 17144
APN: 430-272-12
TRACT 18197
APN: 430-481-15
19 TRACT 18197
APN: 430-481-24
N17°00'00"E 133.00' (133.00' R1) N 13°56'50" E
N 17°00'00" E 138.72' (138.72' R1)
3 2
56 57
58 57
58 5959
56 57
58 58
59 59
56 56
57 57
55 55
54 55
55 54
56 56

PROPOSED (PRIVATE)

OLDCASTLE STORMCAPTURE
7 L=31.91' R=170.77' Δ=10°42'21" (R1) (L=31.91') (R=170.77') (Δ=10°42'21")6 L=26.48' R=196.48' Δ=07°43'15" (R1) (L=26.48') (R=196.48') (Δ=07°43'15")5 L=9.38' R=41.00' Δ=13°06'14" (R1) (L=9.38') (R=41.00') (Δ=13°06'14")4 L=15.91' R=59.00' Δ=15°27'12" (R1) (L=15.91') (R=59.00') (Δ=15°27'12")3 L=60.37' R=1472.00' Δ=02°21'00" (R1) (L=60.37') (R=1472.00') (Δ=02°21'00") DELTA
Δ=14°11'50"
CURVE
1 LENGTH
L=10.16'
RADIUS
R=41.00' (L=10.16')

LENGTH RADIUS
(R=41.00')
RECORD
(R1)
DELTA
(Δ=14°11'50")
2 L=14.78' R=59.00' Δ=14°20'59" (R1) (L=14.78') (R=59.00') (Δ=14°20'59") N85°15'23"E 0.11' (R1) (N85°15'23"E) (0.11')N38°14'17"E 4.92' (R1) (N38°14'17"E) (4.92')N85°15'26"E 37.48' (R1) (N85°15'26"E) (37.48')N51°45'31"W 32.83' (R1) (N51°45'31"W) (32.83') 1 (N36°37'39"W) (36.45')

LINE BEARING DISTANCE
N36°37'39"W 36.45'

RECORD BEARING DISTANCE
(R1)
2 N68°46'50"W 36.20' (R1) (N68°46'50"W) (36.20')3456
RW
8"W
12"W
12"W
E
E
E
E
E
E
E
E
E
E E
E
E
E
E E
E
E
E
E
E
E
E
E
E
E E
E
E
E
E
EX
EX
EX
EX
EX
EX
EX
EX
EX
EX
EX
EX
EX
EX
EX

E E E E
JT
JT
JT
JT
JT
JT JT
JT JT
E
E
E
E
JT
JT
JT
JT
JT
JT JT
JT JT
JT
E
E
E
E
E
JT
JT
JT
JT
JT JT
JT
JT
EX
EX
EX
EX
EX
EX
EX
EX
EX
EX
EX
EX

E E E E E
JT
JT
JT
JT
JT
JT
JT
JT
JT
E
E
JT
JT
JT
JT

TEL TEL
TEL
TEL
TEL

TEL TEL
TEL
TEL
TEL
ST
ST
ST ST
SL
C
C
C
E
E
E
E
E
E
E

E E E E E

ST ST ST ST ST
D
S
S
S
S
S
S
RWR
PB
PB
PB
RWR

WARNER AVE

JOHN JOHNSON WAY
1 5
7 (37.55' R1)

37.55'
6 4
1 N17°00'00".E 432.38' (432.38' R1)
(L=490.98' R1)
L=491.00'
(L=603.35' R1)
N50°49'29"W 185.10' (185.10' R1)
L=603.35'
N 64°05'52" W 280.62' (280.62' R1)

TELEPHONE PULL BOX (NE COR)

3.0' SW'LY OF PL

ELECTRIC PULL BOX (NE COR)

2.8' SW'LY OF PL

TV PULL BOX (NE COR)

3.3' SW'LY OF PL

TELEPHONE VAULT (NE COR)

2.0' SW'LY OF PL

WALL (NE COR END)

1.2' SW'LY OF PL

ELECTRIC PULL BOX (SE COR)

6.5' NE'LY OF PL

CULVERT BOX (SW COR)

2.4' NE'LY OF PL

IRRIGATION BOX (SE COR)

5.7' NE'LY OF PL

WALL (N'LY FACE)

0.1' SW'LY OF PL

WALL (N'LY FACE)

CROSSING PL

WALL (NW COR END)

8.4' NE'LY OF PL

ELECTRIC MANHOLE (CENTER)

3.2' SW'LY OF PL

IRRIGATION CONTROL BOX
(NE COR) 3.2' NW'LY OF PL

SEWER MAN HOLE (CENTER)

4.0' SE'LY OF PL

PROPERTY LINE
& RIGHT OF WAY

PROPERTY LINE & RIGHT OF WAY
DIRT
N46°41'40"W
1853.44'
(GPS TIE)

SIDEWALK (BACK)

0.1' NE'LY OF PL

SIDEWALK (BACK)

0.1' NE'LY OF PL

SIDEWALK (BACK)
AT PL
1 2
1 1

ARMSTRONG AVE

PROPOSED
5-STORY ACTIVE ADULT

BUILDING
FF ELEV = ± 55.80
FG ELEV = ± 54.47 PROPOSED 2-STORY ASSISTED LIVING
& MEMORY CARE BUILDING
FF ELEV = ± 55.80
FG ELEV = ± 54.80
EX 12" DW
EX 36" SD
EX 72" SD
EX 15" SS
C/L
C/L
C/L
C/L
L=23.37', R=15.00'
N23°14'34"E
L=59.44'
EXISTING 36" SD
EX. 36" SD
EX 10" SS
EX 10" DW
EX. 8" SS

EX RW

EX ELEC

EX RW
EX 24" SD
EX 10" WA
EX 8" SS
(NOT A
PART)
L
=
4 7.60', R=20.00'

37.02' N 20°54'17" W
60 65
70 75
56 57
58 59
61 62
63 64
66 67
68 69
71 72
73 74
76 77
55 54
53 55
54 53
51 55
56 57
58 59
L=107.44', R=311.66' S64°38'16"E
L=6.95'
N25°54'08"E
L=126.17'
L=303.67'
(L=303.67' R1)
L=308.03'
(R=1954.00' R1)
R=1954.00'
N 64°05'52" W 201.98' (201.98' R1)
(Δ=8°54'16" R1)
Δ=8°54'16"
Δ=5°48'14" R=1470.00'
(R=1470.00' R1) L=148.91' (Δ=5°48'14" R1)
(L=148.91' R1)
(Δ=20°05'37" R1) Δ=20°05'40" R=1400.00'
(R=1400.00' R1)
(L=112.37' R1)
(Δ=4°35'55" R1)
(Δ=24°41'32" R1)
Δ=24°41'32"
(L=96.90' R1)
(R=1460.00' R1)
Δ=3°48'10"
N50°49'29"W

50.00' (50.00' R1)
(114.22' R1) N39°10'31" E 114.22'
(Δ=12°32'28" R1) Δ=12°32'28"
R=1348.04' (R=1348.04' R1)
L=295.06' (L=295.06' R1)

55.000
53 53
54 54
59 54

PROPOSED LOT LINE

PROPOSED LOT LINE

PROPOSED (PRIVATE)MODULAR WETLAND

STORM DRAIN

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED
(PRIVATE) 8" SEWER
PROPOSED (PRIVATE) 6" FIRE

WATER AND BACKFLOW PREVENTER

PROPOSED (PRIVATE)
6" FIRE WATER

PROPOSED (PRIVATE)

OLDCASTLE STORMCAPTURE
PROPOSED (PRIVATE) 4" DOMESTIC

WATER AND BACKFLOW PREVENTER

PROPOSED
(PRIVATE) 8" SEWER

PROPOSED (PRIVATE)
48" STORM DRAIN

DEMOLISH PORTION OFEXISTING STORM DRAINLATERAL AND CATCH BASIN PROPOSED (PRIVATE) 8" SEWER

20.9'

23.7'

15.9'

11.6'

15.9'

70.4'

50.3'

12.8'

42.7'

35.0'

70.1'

25.3'

46.1'

24.6'

22.7'

25.7'

11.8'

15.4'
27' DRIVEWAY

17.2'

14.2'
27' DRIVEWAY

20.0'

20.0'
PARCEL 1
121,531 SF (2.79 AC) PARCEL 2
145,854 SF (3.35 AC)
3 1
6 4
P/L
P/L
P/L

PROPOSED (PRIVATE)
48" STORM DRAIN
N25°54'08"E
L=83.62'

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED
(PRIVATE)
8" SEWER
P/L
N 25°58'17" W

38.45'
(38.45' R1)
P/L

PROPOSED (PRIVATE)
6" FIRE WATER

PROPOSED (PRIVATE)
6" DOMESTIC WATER

PROPOSED (PRIVATE)
48" STORM DRAIN
B
B
B
B
B
A
A
(37.02' R1)
3 N 39°10'31" E 205.21'
(205.21' R1) N50°40'29"W

52.00'
(Δ=14°45'07" R1) Δ=14°45'07" Δ=32°59'59"
(Δ=32°59'59" R1)
R=1400.04'
(R=1400.04' R1)
(L=360.47' R1) L=360.47'
19 14
L=806.36' (L=806.36' R1)
(L=393.79' R1)
L=393.73'
EX 6" RW
19 P/L
234.24'
(234.24' R1)
N 73°00'08" W
206.24'
(206.24' R1)
N 73°00'08" W

5.0'

VETERANS WAY
5 1
(Δ=3°48'10" R1)

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

6.0'

REMOVE PORTION OF EXISTING
STORM DRAIN LATERAL ANDCATCH BASIN; CAP STORM

DRAIN AT PROPERTY LINE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)
48" STORM DRAIN

CAP EXISTING STORM

DRAIN CONNECTORPIPE AT PROPERTYLINE
1 L=96.90'
R=1460.00'
19 PROP
CB
PROP
CB
PROP
CB
PROP
CB
PROP
CB
PROP
CB
PROP
CB
TRACT 17144
APN: 430-272-12
(NOT A
PART)
TRACT 17404
APN: 430-371-20
N17°00'00"E 133.00' (133.00' R1) N 13°56'50" E
N 17°00'00" E 138.72' (138.72' R1)
3 2
56 57
58 57
58 5959
56 57 58
58 59
59 56
56 57 57
55 55
54 55
55 54
56 56

PROPOSED (PRIVATE)

OLDCASTLE STORMCAPTURE
TENTATIVE PARCEL MAP 2025-151
PROJECT NO.DRAWN BY: JTKADESIGNED BY: JIT
DATE: REVIEWED BY:

DATE NO. REVISION CK BY
1/19/2026SHEET NO.CHECKED BY: JIT
Plot Date:

Save Date:
1/19/2026 4:25 PM
1/19/2026 4:04 PM By: Rxka P:\C\CONFCDMS0012\0400CAD\SHEETS\EC\Entitlements\Tentative Parcel Map\EC-001-CV-CONFCDMS0012-TPM.dwg Robyn Katherman By:

File:
®
CONFCDMS-0013

CLEARWATER AT TUSTIN LEGACY
TENTATIVE PARCEL MAP 2025-151
LOT 14, TRACT NO. 18197, M.M. 990/25-33
TUSTIN, CA 92606
17542 17th St., Suite 150
Tustin, CA, 92780
Phone: 714.665.4500
OWNER:

CITY OF TUSTIN,
300 CENTENNIAL WAY
TUSTIN, CA 92780
ATTN:

PROJECT ADDRESS:

LOT 14, TRACT NO. 18197, M.M. 990/25-33
TUSTIN, CA 92606
CIVIL ENGINEER:

DAVID EVANS AND ASSOCIATES, INC.
25152 SPRINGFIELD COURT, SUITE 350
SANTA CLARITA, CA 91355
ATTN: JONATHAN TAPIA
PHONE 661.284.7436E-MAIL: [email protected]
ARCHITECT:

HPI ARCHITECTURE
115 22ND STREET
NEWPORT BEACH, CA 92663PHONE: 949.675.6442
BASIS OF BEARINGS:

THE BEARING SHOWN HEREON ARE BASED ON THE CALCULATED BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 6529 AND GPS NO. 6535 BEING NORTH 03° 46' 13" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR.

BENCHMARK:

THE ELEVATIONS SHOWN HEREON ARE BASED UPON THE ORANGE COUNTY PUBLIC WORKS VERTICAL CONTROL DATA SHEET BENCHMARK NO. 3A-107-77, (YEAR 2013).
3 3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "3A-107-77" IN THE WESTERLY CORNER OF A 4 FT BY 11 FT CONCRETE CATCH BASIN.

MONUMENT IS LOCATED IN THE NORTHERLY CORNER OF THE INTERSECTION OF REDHILL AVENUE AND WARNER AVENUE, 47 FT NORTHEASTERLY OF THECENTERLINE MEDIAN ALONG WARNER AND 105 FT NORTHWESTERLY OF THECENTERLINE OF REDHILL AVENUE. MONUMENT IS LEVEL WITH THE SIDEWALK.

ELEVATION = 62.047'
CONTOURS SHOWN HEREON ARE 1' INTERVAL.

BOUNDARY/PARCEL LINE

PROPOSED PARCEL LINEEASEMENTEXISTING UTILITIES
LEGEND

EXISTING R/W
SITE
.
5 55

DYER RD

BARRANCA PKWY

RED HILL AVE

EDINGER AVE

EDINGER AVE

TUSTIN RANCH RD

VON KARMA
AVE

WARNER AVE

ARMSTRONG AVE

VETERANS WAY
261
405

WARNER AVE

SAN DIEGO
FRWY

JAMBOREE RD

COSTA MESA FRWY

SANTA ANA FRWY

EASTERN

TRANSPORTATION

CORRIDOR
R1.....INDICATES DATA PER TRACT NO. 18197, M.B. 990/25-33R2.....INDICATES DATA PER TRACT NO. 17144, M.B. 906/5-14 ( ) INDICATES RECORD DATA.

R1 INDICATES REFERENCE RECORD DATA.
1 INDICATES DESCRIPTION NUMBER.

MONUMENT NOTES:

LEGAL DESCRIPTION:

INDICATES FOUND MONUMENT, AS NOTED.

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOT 14, INCLUSIVE OF TRACT NO. 18197 AS SHOWN ON A MAP FILED IN BOOK 990, PAGES 25 THROUGH 33, INCLUSIVE OF TRACT MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

EXCEPTING THEREFROM ANY AND OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS

AND OTHER HYDROCABONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS

DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THEPERPETUAL RIGHT OF DRILLING, MINING, EXPLORING FOR AND STORING IN AND REMOVING THE SAMEFROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL

AND MINE FROM LANDS OTHER THAT THE LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH

OR ACROSS THE SUBSURFACE OF THE LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY

DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF,

AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATED ANY SUCH WELL OR MINES; BUT WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OF THE LAND, AS RESERVED IN THE DEED FROM THE CITY OF TUSTIN, CALIFORNIA, RECORDEDSEPTEMBER 24, 2002 AS INSTRUMENT NO. 20020819173 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ANY AND ALL WATER, WATER RIGHTS OR INTERESTS THEREINAPPURTENANT OR RELATING TO THE LAND OR OWNED OR USED BY THE GRANTOR IN CONNECTION WITH

OR WITH RESPECT TO THE LAND (NO MATTER HOW ACQUIRED BY THE GRANTOR), WHETHER SUCH RIGHTSSHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, ADJUDICATED, STATUTORY ORCONTRACTUAL, TOGETHER WITH THE PERPETUAL RIGHT AND POWER TO EXPLORE, DRILL, REDRILL AND

REMOVE THE SAME FROM OR IN THE LAND, TO STORE THE SAME BENEATH THE SURFACE OF THE LAND

AND TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASE BY GRANTOR; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON OR USE THESURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE CITY OF TUSTIN, CALIFORNIA, RECORDED SEPTEMBER 24, 2002 AS INSTRUMENT NO.20020819173 OF OFFICIAL RECORDS.

FOR CONVEYANCING PURPOSES ONLY: APN 430-481-12

CF INDICATES CALCULATED FROM
FOUND SPIKE & WASHER STAMPED "LS 6673" PER R1, FLUSH; ACCEPTED AS ARMSTRONG AVENUE & WARNER AVENUE CENTERLINE INTERSECTION PER R1. 1
PER FIRST AMERICAN TITLE INSURANCE COMPANY, REPORT NO. NCS-1146469-SA1, DATEDMAY 07, 2025 TITLE EXCEPTIONS:

1. ANY DEFECT, LIEN, ENCUMBRANCE, ADVERSE CLAIM, OR OTHER MATTER THAT APPEARS FOR THE

FIRST TIME IN THE PUBLIC RECORDS OR IS CREATED, ATTACHES, OR IS DISCLOSED BETWEEN THE

COMMITMENT DATE AND THE DATE ON WHICH ALL OF THE SCHEDULE B, PART I-REQUIREMENTS ARE MET.

2. (A) TAXES OR ASSESSMENTS THAT ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY

TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS; (B) PROCEEDINGS BY A PUBLIC AGENCY THAT MAY RESULT IN TAXES OR ASSESSMENTS,

OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS.

3. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THAT ARE NOT SHOWN BY THE PUBLIC RECORDS BUT

THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND.

4. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS.

5. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE 77TLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS.

6. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), OR (C) ARE SHOWN BY THE PUBLIC RECORDS.

7. GENERAL AND SPECIAL TAXES AND ASSESSMENTS FOR THE FISCAL YEAR 2023-2024, A LIEN NOT YET DUE OR PAYABLE.

8. GENERAL AND SPECIAL TAXES AND ASSESSMENTS FOR THE FISCAL YEAR 2022-2023 ARE EXEMPT. IF THE EXEMPT STATUS IS TERMINATED AN ADDITIONAL TAX MAY BE LEVIED. A.P. NO.: 430-481-12.

9. THE LIEN OF SPECIAL TAX ASSESSED PURSUANT TO CHAPTER 2.5 COMMENCING WITH SECTION 53311 OF THE CALIFORNIA GOVERNMENT CODE FOR COMMUNITY FACILITIES DISTRICT NO. 13-01, AS DISCLOSED BY NOTICE OF SPECIAL TAX LIEN RECORDED MAY 16, 2013 AS INSTRUMENT NO. 2013000296640 OF OFFICIAL RECORDS.

10. THE LIEN OF SPECIAL TAX ASSESSED PURSUANT TO CHAPTER 2.5 COMMENCING WITH SECTION 53311 OF THE CALIFORNIA GOVERNMENT CODE FOR COMMUNITY FACILITIES DISTRICT NO. 15-2, AS DISCLOSED BY NOTICE OF SPECIAL TAX LIEN RECORDED NOVEMBER 18, 2015 AS INSTRUMENT NO. 2015000594036 OF OFFICIAL RECORDS.

11. THE LIEN OF SPECIAL TAX ASSESSED PURSUANT TO CHAPTER 2.5 COMMENCING WITH SECTION 53311 OF THE CALIFORNIA GOVERNMENT CODE FOR COMMUNITY FACILITIES DISTRICT NO. 2018-01, AS DISCLOSED BY NOTICE OF SPECIAL TAX LIEN RECORDED FEBRUARY 17, 2021 AS INSTRUMENT NO. 2021000112117 OF OFFICIAL RECORDS.

12. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.

13. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "SHORT FORM NOTICE OF AGREEMENT" RECORDED MAY 14, 2002 AS INSTRUMENT NO. 20020404589 OF OFFICIAL RECORDS.

14. EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM THE UNITED STATES OF AMERICA, AS GRANTOR, TO THE CITY OF TUSTIN, CALIFORNIA, AS GRANTEE, RECORDED MAY 14, 2002AS INSTRUMENT NO. 20020404594 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO THE DOCUMENT FOR FULL PARTICULARS.DOCUMENT RE-RECORDED APRIL 09, 2003 AS INSTRUMENT NO. 2003000392129 OF OFFICIAL RECORDS.

NOT PLOTTED.

15. THE FACT THAT THE LAND LIES WITHIN THE BOUNDARIES OF THE MCAS TUSTIN REDEVELOPMENT PROJECT AREA, AS DISCLOSED BY THE DOCUMENT RECORDED JUNE 18, 2003 AS INSTRUMENT NO. 2003000710836 OF OFFICIAL RECORDS.

NOT PLOTTED.

16. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "DECLARATION OF SPECIAL RESTRICTIONS" RECORDED JUNE 19, 2007 AS INSTRUMENT NO. 2007000390805 OF OFFICIAL RECORDS.NOT PLOTTED.

17. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED OCTOBER 04, 2006 AS INSTRUMENT NO. 2006000661919 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A

VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR

DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION

OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE,COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, NATIONAL ORIGIN, SEXUAL ORIENTATION,

MARITAL STATUS, ANCESTRY, SOURCE OF INCOME OR DISABILITY, TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(C), OF THE UNITEDSTATES CODES OR SECTION 12955 OF THE CALIFORNIA GOVERNMENT CODE. LAWFUL RESTRICTIONS

UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. NOT

PLOTTED

18. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "NOTICE OF DELINQUENCY AND CLAIM OF LIEN" RECORDED APRIL 06, 2010 AS INSTRUMENT NO. 2010000160007 OF OFFICIAL RECORDS. NOT PLOTTED.

19. AN EASEMENT SHOWN OR DEDICATED ON THE MAP OF TRACT NO. 18197 RECORDED DECEMBER 10, 2020 AND ON FILE IN BOOK 990, PAGE 25-33, OF TRACT MAPS.

FOR: PUBLIC STREET AND PUBLIC UTILITY PURPOSES: ARMSTRONG AVENUE, WARNER AVENUE,

LEGACY ROAD, AIRSHIP AVENUE, FLIGHT WAY, HELBER WAY, VETERANS WAY, COMPASS AVENUE, SWAIM WAY, JOHN JOHNSON WAY AND PEEBLER WAY AND INCIDENTAL PURPOSES.

PLOTTED HEREON.

20. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS.21. AN ALTA/NSPS SURVEY OF RECENT DATE WHICH COMPLIES WITH THE CURRENT MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SU1VEYS.

22. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH WOULD BE DISCLOSED BY A CORRECT ALTA/NSPS SURVEY.

23. RIGHTS OF PARTIES IN POSSESSION.

FOUND SPIKE & WASHER STAMPED "LS 6673" PER R1, FLUSH; ACCEPTED AS ARMSTRONG AVENUE CENTERLINE BEGINNING CURVE PER R1.
2 FOUND SPIKE & WASHER STAMPED "LS 6673" PER R2, FLUSH; ACCEPTED AS ARMSTRONG AVENUE & C STREET CENTERLINE INTERSECTION PER R2.
3 SEARCHED FOUND NOTHING, SET NOTHING; ARMSTRONG AVENUE & JOHN JOHNSON WAY CENTERLINE INTERSECTION ESTABLISHED BY RECORD RADIUS AND DISTANCE (360.47') FROM 2 PER R1 4 FOUND SPIKE & WASHER STAMPED "LS 5347" PER R1, FLUSH; ACCEPTED AS WARNER AVENUE & LEGACY ROAD CENTERLINE INTERSECTION PER R1.
5 SEARCHED FOUND NOTHING, SET NOTHING; WARNER AVENUE & VETERANS WAY CENTERLINE INTERSECTION ESTABLISHED BY RECORD DISTANCES FROM 1 PER R1 6 SEARCHED FOUND NOTHING, SET NOTHING; VETERANS WAY & JOHN JOHNSON WAY CENTERLINE INTERSECTION ESTABLISHED BY RECORD BEARING & DISTANCES FROM 6 PER R1 7 FOUND SPIKE & WASHER STAMPED "LS 6673" PER R1, FLUSH; ACCEPTED AS ARMSTRONG AVENUE CENTERLINE BEGINNING CURVE PER R1.
8 ( FEET )
SCALE
1 INCH = 30 FT.
30 0 15 30 60
DATUM STATEMENT:

COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 NAD, (2017.50 EPOCH OCS GPS ADJUSTMENT).

ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE, MULTIPLY GROUND DISTANCE BY 0.99997671 (PROJECT SPECIFIC).

FLOOD ZONE:

THIS SURVEY LIES WITHIN ZONE "X" (AREAS DETERMINED TO BE OUTSIDE THE

0.2% ANNUAL CHANCE FLOODPLAIN) AS SET OUT ON THE FLOOD INSURANCE RATE MAP FOR ORANGE COUNTY, COMMUNITY PANEL NUMBER 06059C 0279J,DATED DECEMBER 3, 2009.

VICINITY MAP
N.T.S.

EXCEPTIONS/ENCROACHMENT NOTES:
1 UTILITIES WITHOUT EASEMENT ON THE NORTHERLY BOUNDARY AS SHOWN. 2 WALL CROSSING THE PROPERTY LINE ON THE NORTHERLY BOUNDARY AS SHOWN.3 UTILITIES WITHOUT EASEMENT ON THE SOUTHWESTERLY BOUNDARY AS SHOWN.

LINE AND CURVE TABLES
C-0.0

CENTERLINE
UTILITY PURVEYORS:

ELECTRICAL:

SOUTHERN CALIFORNIA EDISON
1325 S GRAND AVE.

SANTA ANA, CA 92705
(800)-655-4555
GAS:SOUTHERN CALIFORNIA GAS COMPANY
1919 STATE COLLEGE BLVD.

ANAHEIM, CA 92805
(877) 238-0092(714) 634-3245
CABLE:

TIME WARNER
14311 NEWPORT AVE.

TUSTIN, CA 927803
(714) 418-4267

FRONTIER COMMUNICATION
7354 SLATER AVE.

HUNTINGTON BEACH, CA 92647
(714) 969-6468
COX
6771 QUAIL HILL PKWY.

IRVINE, CA 92603
(949) 546-1000

TELEPHONE

COX COMMUNICATIONS
6771 QUAIL HILL PKWY.

IRVINE, CA 92603
(949) 546-1000

AT&T (LAND LINE SERVICE)
3581 ORANGE ST
RIVERSIDE , CA 92501
(909) 441-0499
WATER & SEWER:

IRVINE RANCH WATER DISTRICT
3512 MICHELSON DR,
IRVINE, CA 92612
(714) 453-5300

STORM DRAIN

CITY OF TUSTIN (PUBLIC WORKS)
300 CENTENNIAL WAY
TUSTIN, CA 92780
(714)-573-3150
SUBDIVIDER/DEVELOPER:

CD-CW (TUSTIN) LLC
2215 MARKET ST.

DENVER, CO 80205
ATTN: H. MCNEISH
PHONE: 303.573.6500
PROPOSED EASEMENTS:

A PROPOSED EASEMENT TO THE CITY OF TUSTIN FOR BIOSWALE ACCESS AND MAINTENANCE PURPOSES AND UTILITIES (PULLBOXES, VAULTS, CONDUITS) TO BE RESERVED IN SEPARATE DOCUMENT (4,260 SF)

B PROPOSED EASEMENT FOR COMMON ACCESS AND EMERGENCY VEHICLE ACCESS NOTE:

THE SUBDIVIDER SHALL RELEASE AND RELINQUISH TO THE CITY OF TUSTIN ALL VEHICULAR ACCESS RIGHTS ALONG ARMSTRONG AVENUE, WARNERAVENUE, VETERANS WAY, AND JOHN JOHNSON WAY, EXCEPT ALL APPROVEDACCESS LOCATIONS AND STREET INTERSECTIONS, AT NO COST TO THE CITY.

AREA:

GROSS AREA: 267,385 SF (6.14 AC)
NET AREA: 263,125 SF (6.04 AC)
F

ET TA S
O
CI A
CALIF
VI L
I RN
O
No.C-62159
PR

ET IS G RE
RK
AM
DER
SOF
ON
KO
E
OS
S RU
LA

REE IN GN
E
SI
1/23/2026
8"W
12"W
12"W
ST
ST
ST
ST
SL
C
C
C
C
C
C
ST
ST
ST

ST ST ST
ST
D
D
D
S
S
S
S
S
S
S
T EPB
EPB
EPB
EPB
RWR
RWR
PB
PB
PB
RWR
D
D
D
S
D
D
D
D
D
D
D
D
D
D
D D
S
S

ASPHALT

ASPHALT

ASPHALT

ASPHALT
DIRT

WARNER AVENUE

VETERANS WAY

ARMSTRONG AVENUE
℄
℄
℄
R/W
R/W
R/W
EX. 12" WA
EX. 72" SD
EX. 18" SS
EX. 10" R.W.

EX. WA
EX. 24" SD
EX. E
EX. IRR.

EX. E
EX. E
EX. 6" R.W.

EX. 36" SD
EX. 10" SS
EX. 10" WA
EX. E
EX. E
EX. E
EX. E
EX. E
(55)
(60)
(65)
(70)
(75)
(55)
(54)
(56)
(57)
(58)
(59)
(51)
(52)
(53)
(54)
(53)
(54)
(54)
(53)
(54)

JOHN JOHNSON WAY
(55)
37+69.93
32+04.25
33+00
34+00
35+00
36+00
37+00
10+00
11+00
12+00
13+00
14+00
15+00 16+00 17+00 18+00 19+00
29+65.75
25+33.38 26+00 27+00 28+00 29+00
33+45.82
34+00
35+00
36+00
37+00
38+00
39+00
40+00 40+21.92
(63.0')
(9.0')
(72.0')
(51.0')
(9.0')
(60.0')
(61.0') (9.0')
(70.0')
(44.0')
(8.0')
(104.0')
(52.0')
(52.0')
(44.0')
(104.0')
(52.0')
(52.0')

28.0' 28.0'

56.0'

18.0' 18.0' 10.0'

10.0'

28.0' 28.0'

56.0'

18.0' 18.0' 10.0' 10.0'

30.0' 40.0'

70.0'

10.0' 20.0' 30.0' 10.0'

28.0' 28.0'

56.0'

12.0' 12.0'

53.38 BW

53.33 BW

53.14 BW

53.58 BW

54.05 BW

54.08 BW

53.76 BW 53.46 BW 53.17 BW 53.23 BW 53.68 BW 53.90 BW 53.45 BW

54.15 BW

54.29 BW

54.30 BW

54.05 BW

54.36 BW
(55.51)
BW
(55.48)
BW
(55.24)
BW
(54.83)
BW
(54.42)
EG
(54.25)
EG
(54.14)
BW

54.44 BW 54.90
BW

55.80 BW

55.62 BW

55.41 BW

55.18 BW

54.79 BW

54.62 BW

54.39 BW

55.00 BW
(55.82)
BW

PROPOSED

ACTIVE ADULT BUILDING
FF ELEV = ±55.80
FG ELEV = ±54.47

PROPOSED CURB & GUTTERPER SEPARATE OFFSITE

IMPROVEMENT PLANS (BY
OTHERS, CIP NO 70256)

PROPOSED CURB &

GUTTER PERSEPARATE OFFSITE

IMPROVEMENT

PLANS (BY OTHERS,
CIP NO. 70256)

EXISTING CURB, GUTTER, AND

SIDEWALK, SEE SEPARATE

APPROVED OFFSITE

IMPROVEMENT PLANS (PREPARED
BY OTHERS, CIP NO 70256)

EXISTING CURB & GUTTER,

PROTECT-IN-PLACE

54.43 FS

PROPOSED MODIFIED DRIVEWAY
(WIDTH=27.0', R=25' MIN.)
PER CITY OF TUSTIN STD PLAN 210
SEE DRIVEWAY DETAIL "A" HEREON

PROPOSED

COMMERCIAL

DRIVEWAY
(WIDTH=27', X=3')

PER CITY OF TUSTIN
STD PLAN 209SEE DRIVEWAY
DETAIL "B" HEREON

53.83 BW

25.0'
CLEAR

25.0' CLEAR

25.0'
CLEAR

25.0' CLEAR

25.0' CLEAR

25.0' CLEAR

PROPOSED SIDEWALK

PER CITY OF TUSTIN
STD PLAN 202

PROPOSED SIDEWALKPER CITY OF TUSTIN
STD PLAN 202

PROPOSED SIDEWALKPER CITY OF TUSTIN
STD PLAN 202
A
A
B
B
C
C
D
D

EXISTING

STRIPING

EXISTING

STRIPING

PROPOSED

STRIPING PERSEPARATE OFFSITE

IMPROVEMENT

PLANS (BY OTHERS)

PROPOSED STRIPING PER SEPARATE

OFFSITE IMPROVEMENT PLANS (BY OTHERS)
(51.0')
(9.0')
(60.0')

PROPOSED ASSISTED LIVING/

MEMORY CARE BUILDING
FF ELEV = ±55.8
FG ELEV = ±54.8
55 59
56 (55)
(55)
(60)
(60)
(65)
(65)
(70)
(70)

55.80 FF55.78 FS

55.80 FF55.78 FS

55.80 FF55.78 FS

55.80 FF

55.80 FF55.78 FS

55.80 FF

55.80 FF

55.80 FF55.78 FS

PROPOSED

COURTYARD
FG ELEV = ±55.8

PROPOSED ASSISTED LIVING/

MEMORY CARE BUILDING
FF ELEV = ±55.8
FG ELEV = ±54.8

54.47 FG

54.47 FG

54.47 FG

54.47 FG

55.80 FF55.78 FS

54.80 FG

54.80 FG

55.80 FF55.78 FS

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

55.80 FF55.78 FS

55.80 FF55.78 FS

55.80 FF55.78 FS

55.80 FF55.78 FS

55.80 FF55.78 FS

55.80 FF55.78 FS

54.47 FG

54.47 FG

54.47 FG

54.47 FG

55.80 FF55.78 FS

54.47 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

54.80 FG

55.80 FF55.78 FS

2.0%
59 55
54 54
54 55

PROPOSED

LOT LINE
R/W
R/W
R/W

PROPOSED

AREA DRAIN,

TYPICAL

PROPOSED

AREA DRAIN,

TYPICAL

PROPOSED

AREA DRAIN,

TYPICAL

PROPOSED

AREA DRAIN,

TYPICAL

PROPOSEDEARTHENED SWALE,

SEE TYPICAL BERM

DETAIL HEREON

PROPOSED

EARTHENED SWALE,

SEE TYPICAL BERM

DETAIL HEREON

PROPOSED

EARTHENED SWALE,

SEE TYPICAL BERM

DETAIL HEREON
S

ASSISTED LIVING/

MEMORY CARE

TRASH STAGING
CORRAL

ACTIVE ADULT

TRASH STAGING
AREA

PROPOSED

ACTIVE ADULT BUILDING
FF ELEV = ±55.80
FG ELEV = ±54.47
TRASH
ROOM
TRASH
ROOM

54.23 BW
R/W

PROPOSED

PASSENGER

DROP-OFF
5'
11'

PROPOSED

GENERATOR,

FUEL STORAGE

NOT A PART

EXISTING BIOSWALE,

SEE SEPARATE APPROVED

IMPROVEMENT PLANS (PREPARED
BY OTHERS, CIP NO 70256)

PROPOSED

LOT LINE

55.80 FF55.78 FS

54.11 FS

53.89 FS

57.24 FG

56.20 FG

55.75 FG

55.70 FG

55.65 FG

55.53 FG

0.5%

1.0%

2.0%

1.0%

1.0%

2.0%

2.0%

0.5%

2.0%

0.5%

2.0%

PROPOSED

LOT LINE

2.0%

0.7%

0.5%

0.5%

55.74 TC

55.24 FS

55.65 TC

55.15 FS

55.47 TC

54.97 FS

54.92 TG

55.58 TC

55.08 FS

55.56 TC

55.06 FS

56.01 TC

55.51 FS

54.69 TG

55.19 FS

55.34 FS

55.82 TC

55.32 FS

57.72 TC

57.22 FS

55.44 TC

54.94 FS

55.80 FF

55.73 TC

55.23 FS

55.27 TC

54.77 FS

55.55 TC

55.05 FS

55.69 TC

55.19 FS 55.47 TC

54.97 FS

55.80 TC

55.30 FS

55.85 TC

55.35 FS

55.59 TC

55.09 FS

55.59 TC

55.09 FS

55.73 TC

55.23 FS

55.50 TC

55.00 FS

55.24 TC

54.74 FS

54.56 1.9% TG

55.09 TC

54.59 FS

54.85 FS

54.79 FS

55.25 FS

55.02 TC

54.52 FS

55.20 TC

54.70 FS

4.5%

55.80 FF

5.0%

5.5%

7.5%

10.0%

54.11 FS

2.0%

56.99 FS

55.60 FG

55.78 FS

55.74 FS

54.80 FG

54.71 FG

55.04 FG

55.66 FG

55.78 FG

54.68 FG

55.62 FG

55.95 FG

54.62 FG

1.6%

1.9%

1.0%

1.0% 1.0% 0.5% 1.5% 3.0%

2.0%

2.0%

1.0%

1.0%

2.0%

2.0%

2.0%

2.0%

2.0%

2.0%

1.0%

2.0%

0.5%

2.0%

1.0%

0.8%

0.5%

55.68 TC

55.18 FS

55.33 FS-HP

55.60 FS-HP

55.25 TC

54.75 FS

54.34 FS

55.41 TC

54.91 FS

56.50 FS-HP

57.02 TC

56.52 FS

55.69 FS

54.88 TC

54.38 FS

54.31 TG

55.66 TC

55.16 FS

56.18 TC

55.68 FS

55.88 TC

55.38 FS

55.12 TC

54.62 FS

54.63 TG

55.28 TC

54.78 FS

55.11 TC

54.61 FS

55.16 TC

54.66 FS

55.22 TC

54.72 FS

54.66 TG

55.33 TG

55.44 TC

54.94 FS

55.61 FS

55.58 TC

55.08 FS

55.37 TC

54.87 FS

55.28 TC

54.78 FS

55.21 TC

54.71 FS

55.50 TC

55.00 FS

55.04 TC

54.54 FS

54.66 TC

54.16 FS

55.77 FS

55.14 FS

55.61 TC

55.11 FS

55.34 TC

54.84 FS

54.53 TG

55.03 TC

54.53 FS

54.53 TC

54.03 FS

54.51 TC

54.01 FS

54.49 TC

53.99 FS

53.92 TG

55.66 FS

55.78 FS

54.94 FS

55.75 FS

55.72 FS

55.78 FS

55.53 FS

55.00 FG

44.0' 8.0'

C/L R/W

ARMSTRONG
AVENUE

PROPOSED

SIDEWALK

EXISTING
GRADE
R/W

42.0'

EXISTING
CURB &
GUTTER

8.0' 14.0'

BUS PAD PROPOSED

MULTI-STORYBUILDING

EXISTING

SIDEWALK

EXISTING CURB
& GUTTER

25.0'
±55.00 FF

28.0'

C/L R/W

JOHN JOHNSON
WAY
R/W

28.0'

PROPOSED
CURB &
GUTTER
FUTURE
LEGACY
PARK

PROPOSED

MULTI-STORY

BUILDING

56.0'

14.2' 10.0' 18.0' 18.0' 10.0'

EXISTING
GRADE

PROPOSED

GRADE FUTURE

SIDEWALK
±55.00 FF

PROPOSED

SIDEWALK

40.0'

C/L R/W
FUTURE

SIDEWALK
R/W

30.0'

PROPOSED
CURB &
GUTTER

PROPOSED

MULTI-STORY

BUILDING

70.0'

15.0' 10.0' 20.0' 30.0' 10.0'

EXISTING
GRADE

VETERANS
WAY

PROPOSED

GRADE PROPOSED
±55.00 FF SIDEWALK

49.0' 14.0'

C/L R/W

EXISTING
GRADE

11.5' 63.0'

5.0'

PROPOSEDMULTI-STORYBUILDING

EXISTING CURB
& GUTTER

PARKWAY

9.0'
EX.

S/W
EX.

6.0'

BUS PAD

21.2'

EXISTING

SIDEWALK

EXISTING
CURB &
GUTTER

2.0'
WARNER
AVENUE
±55.00 FF
R/W

53.97 FS

53.97 FS

53.80 TC53.30 FL

53.82 TC

53.32 FL

5.0' 5.0'

10.0'

27.0' 53.98
FS

10.0'

10.0'

53.88 FS0" CF

3.6%

10.0'

10.0'

53.41 FL

53.88 FS

1.8% 9.5%

1.8% 9.5%
SIGHT

TRIANGLE
SIGHT

TRIANGLE

53.88 FS
0" CF

53.88 FS

53.41 FL

54.00 FS

3.5%
R=25'
R=25'

JOHN JOHNSON WAY

5.0' 5.0'

WALK PKWY

5.0' 5.0'

WALK PKWY
ONSITE

LANDSCAPING
ONSITE

LANDSCAPING
D
D

ASPHALT
R/W
SIGHT

TRIANGLE
SIGHT

TRIANGLE

VETERANS WAY

53.93 TC53.43 FL

54.21 TC

53.71 FL

53.44 FL0" CF

53.69 FL0" CF

10.0'

10.0'

10.0'

10.0'

27.0'

5.0' 5.0'

10.0'

54.00 FS

54.25 FS

5.0' 5.0'
WALK PKWY53.91 FS 54.16 FS

5.0' 5.0'

WALK PKWY
ONSITE

LANDSCAPING
ONSITE

LANDSCAPING

1.8% 9.5%

1.8% 9.5%

5.0' MIN.

R/W

COMPACTED
BERM
5%
MIN

EARTHENED
SWALE

PROPOSED

BUILDING
VAR. CURB & SIDEWALK GUTTER
HEIGHT

R/WSIDEWALK

CURB &GUTTER
1:1
MAX
BERM

HIGH POINT
1:1
MAX
5%
MIN.
1:1
MAX
1:1
MAX
5%
MIN.
2% 2%

EARTHENED

SWALE FLOW LINE

PROPOSED
BLDG.

5.0' MIN.

PROPOSED

AREA DRAIN
( FEET )
SCALE
1 INCH = 30 FT.
30 0 15 30 60
C HPI ARCHITECTURE 2025

SHEET NUMBERSHEET TITLE

THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTYAND COPYRIGHT OF THE ARCHITECT AND SHALL NOT BE USED

ON ANY OTHER PROJECT OR LOCATIONS EXCEPT AS DESCRIBEDON THE DRAWINGS, WITHOUT WRITTEN AGREEMENT WITH THE ARCHITECT.

PROJECT IDENTIFICATION

THE DRAWINGS IN THE SHEET INDEX WERE ORIGINALLY CREATED IN AUTODESK REVIT V. 2025 UNLESS OTHERWISE NOTED.SEAL
THE ORIGINAL SIZE OF THIS SHEET IS 30" X 42".

PROJECT TITLE

CONSULTANTS

CITY APPROVAL
Autodesk Docs://Clearwater Tustin/Clearwater_Tustin_Site_R25.rvt 10/1/2025 3:56:10 PM

CLEARWATER AT TUSTIN LEGACY
ISSUED
# DATE DESCRIPTION
2025-06-26 1ST ENTITLEMENT SUBMITTAL2025-08-22 2ND ENTITLEMENT SUBMITTAL2025-10-09 3RD ENTITLEMENT SUBMITTAL 1 23
®
17542 17th St., Suite 150
Tustin, CA, 92780
Phone: 714.665.4500
4 2026-01-21 4TH ENTITLEMENT SUBMITTAL
C-1.0

PRELIMINARY

GRADING PLAN
LEGEND
BW
CL E
EX.FGFF
IRR.

SDSS
R.W.R/W
WA
(XX.XX)
XX.XX

BACK OF WALK

CENTERLINE

ELECTRICALEXISTING

FINISHED GRADEFINISHED FLOORIRRIGATION

STORM DRAINSANITARY SEWER

RECYCLED WATERRIGHT-OF-WAY
WATER

EXISTING ELEVATIONPROPOSED ELEVATION

SECTION A-A SECTION B-B SECTION C-C SECTION D-D
DRIVEWAY DETAIL "A"
SCALE: 1" = 10'
DRIVEWAY DETAIL "B"
SCALE: 1" =10'

TYPICAL BERM DETAIL
SCALE: N.T.S.

S SIGNALIZED INTERSECTION
8"W
12"W
12"W

SL SL SL SL
ST
ST
ST
ST
SL
C
C
C
C
C
C
SL
ST
ST
ST

ST ST ST

ST ST ST
D
D
D
S
S
S
S
S
S
S
T EPB
EPB
EPB
EPB
RWR
RWR
PB
PB
PB
RWR
D
D
D
S
D
D
D
D
D
D
D
D
D
D
D D
S
S

ASPHALT

ASPHALT

ASPHALT

ASPHALT
DIRT
37+69.93
32+04.25
33+00
34+00
35+00
36+00
37+00
10+00
11+00
12+00
13+00
14+00
15+00 16+00 17+00 18+00 19+00
29+65.75
25+33.38 26+00 27+00 28+00 29+00
28+59.65
29+00
30+00
31+00
32+00
33+00
34+00
35+00 35+35.75
(51.0')
(9.0')
(63.0')
(9.0')
(60.0')
(72.0')
(51.0')
(9.0')
(60.0')
(61.0')
(44.0')
(8.0')
(104.0')
(52.0')
(52.0')
(44.0')
(104.0')
(52.0')
(52.0')

28.0' 28.0'

56.0'

18.0' 18.0' 10.0'

10.0'

28.0' 28.0'

56.0'

12.0' 12.0'

WARNER AVENUE

VETERANS
WAY

ARMSTRONG AVENUE
℄
℄
℄
R/W
R/W
R/W
EX. 12" WA
EX. 72" SD
EX. 18" SS
EX. 10" R.W.

EX. WA
EX. 24" SD
EX. E
EX. E
EX. E
EX. 6" R.W.

EX. 36" SD
EX. 10" SS
EX. 10" WA
EX. E
EX. E
EX. E
EX. E
EX. E

EXISTING CURB, GUTTER, AND SIDEWALK

SEE SEPARATE APPROVED OFFSITE

IMPROVEMENT PLANS (PREPARED BY
OTHERS, CIP NO 70256)

EXISTING CURB & GUTTER,

PROTECT-IN-PLACE

EXISTING (PUBLIC) FIRE HYDRANT

SEE SEPARATE APPROVED

OFFSITE IMPROVEMENT PLAN
(PREPARED BY OTHERS)
EXISTING (PUBLIC) 8" SEWER LINE

SEE SEPARATE APPROVED

OFFSITE IMPROVEMENT PLANS
(PREPARED BY OTHERS)
EXISTING (PUBLIC) 8" SEWER LINE,

SEE SEPARATE APPROVEDOFFSITE IMPROVEMENT PLANS
(PREPARED BY OTHERS)
EXISTING (PUBLIC) 10" DOMESTIC

WATER LINE, SEE PER SEPARATE

APPROVED OFFSITE IMPROVEMENT

PLANS (PREPARED BY OTHERS)
EXISTING 10" DOMESTIC WATER LINE, SEE

SEPARATE APPROVED OFFSITE IMPROVEMENT

PLANS (PREPARED BY OTHERS)

EXISTING FIREHYDRANT

CONNECT TO EXISTING STORM
DRAIN LATERAL; INSTALL STORM

DRAIN MANHOLE

PROPOSED DOMESTIC

WATER CONNECTION

EXISTING (PUBLIC)

SEWER MANHOLE

43.46 INV-N

PROPOSED (PRIVATE)MODULAR WETLANDS

STORMWATER SYSTEM
EX. IRR.

EXISTING (PUBLIC) FIRE HYDRANT,

SEE SEPARATE APPROVED
OFFSITE IMPROVEMENT PLANS(PREPARED BY OTHERS);
RELOCATE EXISTING HYDRANT 5'MIN. FROM PROPOSED DRIVEWAY

EXISTING FIRE

HYDRANT

EXISTING CURB & GUTTER, SEE SEPARATE

APPROVED OFFSITE IMPROVEMENT PLANS
(PREPARED BY OTHERS, CIP NO 70256)

DEMOLISH PORTION OF EXISTING

STORM DRAIN LATERAL AND
CATCH BASIN; CAP STORM DRAIN

AT PROPERTY LINE

EXISTING CURB & GUTTER,

SEE SEPARATE APPROVEDOFFSITE IMPROVEMENT PLANS
(PREPARED BY OTHERS, CIPNO 70256)

DEMOLISH PORTION OFEXISTING STORM DRAINLATERAL AND CATCH BASIN

45.40 INV

PROPOSED (PRIVATE)

SEWER MANHOLE

42.67 INV-N

42.57 INV-S

PROPOSED
(PRIVATE) CLEANOUT

45.83 INV

PROPOSED
(PRIVATE) CLEANOUT

47.83 INV

PROPOSED
8" (PRIVATE) SEWER

PROPOSED
(PRIVATE) 8" SEWER

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED (PRIVATE)

OLDCASTLE STORMWATER
MODULES (16 UNITS) PROPOSED (PRIVATE)

OLDCASTLE STORMWATER
MODULES (16 UNITS)

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED FIRE WATER

WATER CONNECTION

PROPOSED FIRE WATER

WATER CONNECTION

PROPOSED DOMESTIC

WATER CONNECTION

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED (PRIVATE)FIRE HYDRANT

PROPOSED (PRIVATE)FIRE HYDRANT

PROPOSED (PRIVATE)

FIRE HYDRANT

PROPOSED
(PRIVATE) FIRE

HYDRANT

EXISTING

STREET LIGHT

EXISTING

STREET LIGHT
(70.0')

PROPOSED
(PRIVATE) 12"

STORM DRAIN
34+02
B
B
C
C

PROPOSEDLOT LINE
A
A

PROPOSED (PRIVATE)
6" FIRE WATER LINE
(9.0')

28.0' 28.0'

56.0'

18.0' 18.0' 10.0' 10.0'
R/W

30.0' 40.0'

70.0'

10.0' 20.0' 30.0' 10.0'

PROPOSED

LOT LINE

PROPOSED (PRIVATE)
6" FIRE WATER LINE

PROPOSED (PRIVATE)
6" DOMESTIC WATER LINE
R/W
R/W
S

PROPOSED (PRIVATE)

BACKFLOW PREVENTER

EXISTING

STREET LIGHT

EXISTING

STREET LIGHT
R/W

EXISTING BIOSWALE,

SEE SEPARATE APPROVED OFFSITE

IMPROVEMENT PLANS
(PREPARED BY OTHERS, CIP NO 70256)

NOT A PART

PROPOSED
(PRIVATE) CLEANOUT

43.37 INV

EXISTING (PUBLIC)

SEWER MANHOLE

41.86 INV-W

41.96 INV-E

42.06 INV-N

6.0'

6.0'

3.0'

3.0'

4.3'

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

ASSISTED LIVING/

MEMORY CARE TRASH

STAGING CORRAL

ACTIVE ADULT

TRASH STAGING
AREA
TRASH
ROOM
TRASH
ROOM
PROPOSED 18"

CONNECTOR PIPE

AND TRANSITION

STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED (PRIVATE)

STORM DRAIN

TRANSITION STRUCTURE

PROPOSED

GENERATOR,

FUEL STORAGE

CAP EXISTING STORM

DRAIN CONNECTOR PIPE

AT PROPERTY LINE

PROPOSED (PRIVATE)

SEWER MANHOLE

44.04 INV PROPOSED (PRIVATE)
8" SEWER

PROPOSED (PRIVATE)
48" STORM DRAIN

PROPOSED (PRIVATE)
CLEANOUT 46.48 INV

PROPOSED (PRIVATE)
4" DOMESTIC WATER LINE

AND BACKFLOW PREVENTER

PROPOSED (PRIVATE)
6" FIRE WATER LINE AND

BACKFLOW PREVENTER

PROPOSED (PRIVATE)
CLEANOUT 45.80 INV

47.95 INV

48.84 INV

PROPOSED
(PRIVATE) CLEANOUT

49.08 INV

PROPOSED
(PRIVATE) CLEANOUT

49.69 INV
C L

PROPOSED
8" SEWER
PROPOSED 6"