ENVIRONMENTAL: AN ADDENDUM TO THE TUSTIN LEGACY SPECIFIC PLAN 2025 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
HAS BEEN PREPARED PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES SECTIONS
15164, 15162, AND 15168. THE ADDENDUM CONCLUDES
THAT NONE OF THE CONDITIONS REQUIRING
PREPARATION OF A SUBSEQUENT OR SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT HAVE OCCURRED,
THEREFORE FURTHER ENVIRONMENTAL DOCUMENTATION IS NOT REQUIRED.
REQUESTS:
1. DESIGN REVIEW 2025-0008 FOR THE DESIGN AND SITE
LAYOUT OF 172 RESIDENTIAL UNITS FOR ACTIVE
SENIORS, AN APPROXIMATELY 143,000 SQUARE FOOT
ASSISTED LIVING AND MEMORY CARE FACILITY, SURFACE
AND GARAGE PARKING, LANDSCAPING, AND ASSOCIATED
SITE IMPROVEMENTS.
2. DENSITY BONUS REQUEST TO INCREASE THE
ALLOWABLE DENSITY FROM 124 BASE UNITS TO 172 UNITS
(38.75% DENSITY BONUS) BY PROVIDING 26 UNITS
AFFORDABLE TO LOWER INCOME HOUSEHOLDS; ONE
INCENTIVE RELATED TO THE AFFORDABLE UNIT
BEDROOM MIX; AND WAIVERS RELATED TO PRIVATE
OPEN SPACE, BUILDING SETBACKS, PATIO WALL HEIGHT,
AND ARCHITECTURAL FEATURE ENCROACHMENT.
3. CONDITIONAL USE PERMIT 2025-0012 TO ESTABLISH AND
OPERATE AN ASSISTED LIVING AND MEMORY CARE
FACILITY.
4. TENTATIVE PARCEL MAP 2025-151/SUBDIVISION 2025-0003
TO SUBDIVIDE THE 6.14-ACRE SITE INTO TWO PARCELS.
5. DEVELOPMENT AGREEMENT 2025-0001 TO FACILITATE
THE DEVELOPMENT AND CONVEYANCE OF THE 6.14-ACRE
CITY-OWNED PROJECT SITE.
6. GENERAL PLAN CONFORMITY 2026-0002 TO DETERMINE
THAT THE LOCATION, PURPOSE, AND EXTENT OF THE
PROPOSED DISPOSITION OF THE 6.14-ACRE CITY-OWNED
SITE (APN 430-481-012) WITHIN NEIGHBORHOOD D SOUTH
OF THE TUSTIN LEGACY SPECIFIC PLAN, FOR THE
DEVELOPMENT OF THE PROPOSED PROJECT, IS IN
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CONFORMANCE WITH THE GENERAL PLAN AND THE
TUSTIN LEGACY SPECIFIC PLAN.
RECOMMENDATION:
1. That the Planning Commission adopt Resolution No. 4553, determining that the location, purpose, and extent of the proposed disposition of the 6.14-acre site within Neighborhood D South of the Tustin Legacy Specific Plan for the development of the proposed project is in conformance with the City’s adopted General Plan and Tustin Legacy Specific Plan.
2. That the Planning Commission adopt Resolution No. 4554, recommending that the City Council:
a. Approve Design Review 2025-0008 for the design and site layout of the proposed project;
b. Approve the Density Bonus request to increase the allowable density from 124 base units to 172 total units (38.75% density bonus) by providing 26 Lower Income units; one incentive related to the affordable unit bedroom mix; and waivers related to private open space, building setbacks, patio wall height, and architectural feature encroachment;
c. Approve Conditional Use Permit 2025-0012 to establish and operate a 103- unit, approximately 143,000 square foot assisted living and memory care facility;
d. Approve Tentative Parcel Map 2025-151 (Subdivision 2025-0003) to subdivide the 6.14-acre site into two parcels;
e. Approve Development Agreement 2025-0001 to facilitate the development and conveyance of the 6.14-acre City-owned site; and
f. Adopt an Addendum to the Tustin Legacy Specific Plan 2025 Supplemental Environmental Impact Report, finding that, pursuant to California Environmental Quality Act Guidelines Sections 15164, 15162, and 15168, the proposed project is within the scope of the Tustin Legacy Specific Plan 2025 Supplemental Environmental Impact Report and that no subsequent or supplemental Environmental Impact Report is required.
APPROVAL AUTHORITY:
• Design Review: Tustin Legacy Specific Plan Section 4.2.2 requires new developments to submit and obtain approval of a Site Plan and Design Review. Tustin City Code Section 9272 authorizes the Community Development Director to consider the Design Review application; however, since the proposal includes other applications that Planning Commission Report
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require City Council approval, Design Review 2025-0008 shall be forwarded to the City Council for concurrent consideration.
• Density Bonus: The proposed independent senior housing development is eligible for a density bonus pursuant to Tustin City Code Article 9, Chapter 1. This project includes a density bonus request, one incentive, and four development standard waivers. The density bonus request shall be considered by the City Council concurrently with the other applications.
• Conditional Use Permit: Tustin Legacy Specific Plan Section 3.11 lists a “congregate care, convalescent, and assisted living facility” as a conditionally permitted use in Planning Area 8, 13, and 14. Tustin City Code Section 9291 authorizes the Planning Commission to consider Conditional Use Permit applications; however, since the proposal includes other applications that require City Council approval, Conditional Use Permit 2025-0012 shall be forwarded to the City Council for concurrent consideration.
• Tentative Parcel Map: Tustin City Code Section 9311(g)(5) authorizes the Planning Commission to review and take action on Tentative Maps; however, since the proposal includes other applications that require City Council approval, Tentative Parcel Map 2025-151/Subdivision 2025-0003 shall be forwarded to City Council for concurrent consideration.
• Development Agreement: Tustin Legacy Specific Plan Section 4.2.7 requires a Development Agreement in conjunction with, or prior to, the approval of any entitlements associated with private development. Pursuant to Tustin City Code Section 9611 and 9613, the Planning Commission shall consider the Development Agreement and make a recommendation to the City Council, and the City Council may accept, modify or disapprove the Development Agreement. Pursuant to Tustin City Code Section 9614, a Development Agreement shall be approved by the adoption of an ordinance.
• General Plan Conformity: Pursuant to Section 65402(a) of the Government Code, the Planning Commission is required to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan and Tustin Legacy Specific Plan.
SUMMARY:
Confluent Development (CD-CW (Tustin) LLC), the applicant, proposes to build a senior living community on a vacant, 6.14-acre lot owned by the City at the southeast corner of Warner Avenue and Armstrong Avenue. The community has two main components:
• 172 apartments for active, independent seniors, including 26 apartments that would be rented at below-market rates to lower income households; and Planning Commission Report
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• An approximately 143,000 square foot assisted living and memory care facility for seniors who need help with daily living activities or specialized care for memory loss or other forms of dementia.
The role of the Planning Commission is to make a determination as to whether the sale of this City-owned parcel for development as a senior complex conforms with the City’s General Plan, and to recommend to the City Council whether the project should be approved.
BACKGROUND:
The project is located within Neighborhood D (Planning Area (PA) 8, 13, and 14) of the Tustin Legacy Specific Plan (TLSP), where residential uses, such as apartments, are permitted by right, and institutional uses, such as assisted living facilities, are conditionally permitted.
The sale of the property requires the City to comply with the Surplus Land Act (SLA), a State law regulating how local public agencies dispose of public land. An Exclusive Negotiating Agreement (ENA) for the purchase and sale of the project site was executed on September
19, 2023, and
was extended by
the City Council
as recently as
April 21, 2026.
The SLA
requires that
property sold by
the City, and
subsequently
developed with
10 or more
residential units,
shall provide 15
percent or more
of the units to
households of
Lower Income.
The City
declared the
property exempt
surplus land on June 15, 2021, pursuant to California Government Code section 54221(f)(1)(H), and the determination was approved by the California Department of Housing and Community Development (HCD) on September 15, 2022. The Disposition and Development Agreement (DDA) associated with the sale of the 6.14-acre site will be Figure 1. Tustin Legacy Specific Plan
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considered by the City Council at a public meeting separate from this development proposal.
Site Location
The existing project site is a single lot totaling approximately 6.14 acres. The property is bounded by Warner Avenue to the north, Armstrong Avenue to the west, Veterans Way to the east, and John Johnson Way to the south. The site is within PA 8, 13, and 14 of the TLSP (Figure 1). The portion of PA 8, 13, and 14 south of Warner Avenue is more commonly referred to as Neighborhood D South.
The site is north of a future extension of the Legacy Linear Park, across John Johnson Way. Beyond the park is the residential neighborhood known as The Landing (Figure 2).
East of the site, across Veterans Way, is an undeveloped parcel. The City has received an application to develop a religious facility on that parcel, but as of the writing of this report, that application is still in the entitlement process.
Figure 2. Surrounding Area
Project Description
The project would subdivide the existing 6.14-acre parcel into two parcels for conveyance purposes only and build the senior living community including:
• A 172-unit independent senior residential community (“Active Adult” community), of which 26 units would be affordable to Lower Income households; and Planning Commission Report
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• An approximately 143,000 square foot assisted living and memory care (“ALMC”) facility, including 75 assisted living units and 28 memory care units, for a total of 134 beds.
Figure 3. Site Plan
For planning purposes, only the Active Adult community counts as a residential use . The ALMC facility falls within the “congregate care, convalescent, and assisted living facility” land use category listed in the TLSP, and is considered a nonresidential (institutional) use.
Building 1 (the Active Adult community) is a five-story building with a maximum height of 71 feet, and an average height of 64 feet. It is divided by internal firewalls into four structures (three habitable and one parking structure). It would contain a mix of one- and two-bedroom units for lease, with a building footprint of 79,819 square feet, and a gross floor area of 293,360 square feet.
Building 2 (the ALMC facility) is one two-story building with a maximum height of 35.6 feet and an average height of 30 feet. It is also divided internally by firewalls into four structures (three habitable and one parking structure). It would contain studio, one-, and two-bedroom units for lease, with a building footprint of 75,921 square feet and gross floor area of approximately 143,000 square feet.
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The project provides 278 parking spaces on-site within the buildings’ parking garages and on surface lots. An internal roundabout at the center of the site, reached from the main entry on John Johnson Way, provides a passenger loading area and access to guest parking and both garages. A second driveway on Veterans Way provides additional access to the ALMC parking garage. The project also includes 29,455 square feet of landscaping, recreation amenities, a bus turnout, and utility and stormwater improvements.
ANALYSIS:
Design Review
TLSP Section 4.2.2 requires new developments to obtain Design Review (DR) approval under the TCC. DR 2025-0008 provides for the design and site layout of the Active Adult community and the ALMC facility. The buildings comply with applicable TLSP development standards as summarized in Attachment 7, except for standards requested to be waived pursuant to Density Bonus, law as discussed later in this report.
The buildings feature a modern-contemporary architectural style and comply with TLSP Section 3.19, Urban Design Guidelines. The buildings use earth-toned colors and materials such as limestone tile veneer, brown fiber cement siding, and stucco in various finishes, with architectural accents including picket railings, exposed concrete, and metal trim. Building heights of up to 71 feet are proposed for the Active Adult building, and 35.6 feet for the ALMC facility, which is well below the 150-foot maximum allowed by the TLSP.
Figure 4A. Building Perspectives
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The Active Adult community provides a great room, mail and business center, activity room, fitness studio, and third-floor lounge. Outdoor amenities on the second and third floors include a 13,875 square foot central courtyard with a pool and spa, and a 4,837 square foot rooftop deck with a pickleball court and outdoor kitchen. Of the 172 units, 165 include a private outdoor balcony averaging 117 square feet.
The ALMC facility includes an 18,162 square foot central courtyard on the first floor. The project would provide 29,455 square feet of landscaping, including grasses and droughttolerant trees and shrubs along the project site boundary, in parking areas, and throughout the open space areas. The facility would share amenities with the adjacent Active Adult community, including a full-service kitchen, community theater, and salon.
Figure 4B. Building Perspectives
Circulation, Access, and Parking
Local access is provided by Armstrong Avenue, Warner Avenue, John Johnson Way, and Veterans Way. The site is entered from driveways on John Johnson Way and Veterans Way. An internal roundabout at the center of the site provides resident drop-off and access to on-site parking. The traffic analysis prepared for the project estimates the project would generate 870 vehicle trips per day (of which 348 can be attributed to the ALMC facility), including 57 trips during the morning peak hour and 76 trips during the evening peak hour. These trips fall within the maximum daily trips allowed for Neighborhood D under the TLSP.
Primary pedestrian access is provided via John Johnson Way, with secondary access available via Armstrong Avenue, Warner Avenue, and Veterans Way, where new Planning Commission Report
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sidewalks would be constructed as part of the project. On-site walkways connect both building entries and the internal roundabout to the public sidewalk system at multiple points.
Resident parking is provided within parking garages and surface lots. Under TCC Section 9263, the Active Adult community must provide one space per unit, plus one guest space per 10 units (190 spaces required); and the ALMC facility must provide one space for every three beds (45 spaces required for 134 beds). As shown below, the proposed parking exceeds the minimum requirements:
TABLE 1. Parking Requirements
Land Use TCC Requirement Required Provided
Active Adult
(172 units)
1 space/unit
+
1 guest space/10 units
190 spaces 211 spaces
ALMC Facility
(103 units with
134 beds)
1 space/3 beds 45 spaces 67 spaces
Total 235 spaces 278 spaces
Density Bonus and Requested Deviations
State law encourages affordable housing by allowing a project that sets aside affordable units in order to build more units than zoning would otherwise permit. This is called a density bonus. In exchange, the developer may also ask for a limited number of “incentives” (changes that reduce the cost of providing the affordable units) and “waivers” (relief from development standards that would physically prevent the project from being built at the allowed density). State law strictly limits the grounds on which a city may deny these requests.
The applicant is requesting a 38.75 percent density bonus for the Active Adult community under State Density Bonus Law (Government Code Section 65915) and Article 9, Chapter 1 of the TCC. The bonus is calculated from 124 base units, with 26 units (21 percent of base units) reserved as affordable to Lower Income households:
Table 2. Density Bonus Summary
Gross Acres (Active Adult parcel) 2.86
Base Units 124
Lower Income Units Provided 26 (21% of
base)
Density Bonus 38.75%
Total Permitted Units 173
Total Units Proposed 172
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The 26 Lower Income units would be income-restricted and rented at affordable levels for at least 55 years, as required by Government Code Section 65915(c)(1). Rents will be calculated pursuant to Health and Safety Code Section 50053. The affordable units would be dispersed throughout the Active Adult community, and would have access to all project amenities. The applicant’s affordability obligations will be recorded in an agreement executed with the DDA and DA.
Under Government Code Section 65915(d)(1), the applicant has requested one incentive:
an affordable unit mix of 23 one-bedroom units and three two-bedroom units. State law requires the City to grant the incentive unless it makes a written finding, based on substantial evidence, that the incentive would not result in identifiable and actual cost reductions, would have a specific adverse impact on public health or safety or on a listed historical resource, or would be contrary to State or Federal law. Staff has not identified any basis for such a finding, and takes no exception to granting this incentive.
Consistent with Government Code Section 65915(e)(1), the applicant also requests the following waivers of development standards. The applicant attests that, without these waivers, the project could not physically be built at the proposed density:
• Private Open Space – The TLSP requires 100 square feet of private open space per unit. Of the 172 Active Adult units, 165 have private patios or balconies, averaging 117 square feet. Of those, 45 units exceed the 100-square-foot standard and 120 are smaller than the minimum. The remaining seven units cannot have balconies due to Orange County Fire Authority (OCFA) ladder pad accessibility criteria. A waiver is requested for the 127 units that do not meet the private open space standard. • Building Setbacks – Four architectural features encroach into the required setback:
part of the parking structure along Armstrong Avenue (a five foot encroachment for about 37 linear feet); a ground-level patio along Warner Avenue (up to five feet, tapering to zero feet in each direction, for 202 linear feet); a ground-level patio at the Veterans Way corner (three feet, for 23 linear feet); and a second-floor balcony at the Warner Avenue and Veterans Way corner (five feet, for 23 linear feet). • Patio Wall Height – The TLSP allows walls higher than three feet for noise mitigation, but not within the building setback. A waiver is requested to allow the patio wall along Warner Avenue to exceed three feet in height within the setback area to provide sound mitigation, seclusion, and security for residents.
• Architectural Feature Encroachment – At the corner of Warner Avenue and Veterans Way, an architectural feature at the upper corner of the building encroaches five feet toward the lot line, exceeding the three-foot encroachment allowance.
Under State law, the City cannot deny the requested waivers unless it finds that a waiver would have a specific, adverse impact on public health or safety for which there is no feasible way to mitigate or avoid the impact, would impact a listed historical resource, or would be contrary to State or Federal law. No such circumstances have been identified.
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Conditional Use Permit
While the TLSP land use regulations for PA 8, 13, and 14 designate the Active Adult community, as a multiple family residential use, to be permitted by right, “congregate care, convalescent, and assisted living” is listed as a conditionally permitted use. The proposed 103-unit, approximately 143,000 square foot ALMC facility falls within this land use category, with memory care being a specialized subset of assisted living. No convalescent use is proposed. CUP 2025-0012 would authorize the establishment and operation of the facility.
Assisted living serves older adults who live independently in their own units, but need help with daily activities such as bathing, dressing, meals, housekeeping, or managing medications. The proposed facility would include 75 assisted living units.
Memory care is a specialized form of assisted living for residents living with memoryimpairing conditions, such as Alzheimer’s or other forms of dementia. It is provided in a separate, secured wing designed to keep residents safe and oriented, with staff trained specifically in such care. The proposed facility would include 28 memory care units.
Together, the 103 units would provide a total of 134 beds. Residents live at the facility full time, and care staff are present to support residents on an ongoing basis. Assisted living facilities must be licensed by the California Department of Social Services (CDSS) and must receive additional state approvals to operate a memory care program. The Community Care Licensing Division of CDSS ensures such facilities comply with State operational standards, staffing ratios, resident care, and more.
Figure 5. ALMC Facility from John Johnson Way
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The facility would include a great room, wellness center, fitness area, aqua lounge, dining room, and various activity spaces. The memory care wing would contain purpose-built areas including an activity room, dining area, and communal living room. Outdoor amenities include an 18,162 square foot central courtyard providing secure outdoor space for residents. The facility would also share amenities with the adjacent Active Adult community, including a full-service kitchen, community theater, café and market, and salon.
The facility is compatible with the adjacent Active Adult community, and the surrounding Mixed-Use Urban designation of Neighborhood D. Because most residents of assisted living and memory care facilities do not drive, the facility generates comparatively little traffic compared to other uses permitted in PA 8, 13, and 14. Conditions of Approval are attached as Exhibit B to Attachment 2, and address the development and ongoing operation of the facility, including identifying State licensing requirements for such facilities, limiting the residential component to be exclusively for seniors, and more.
Tentative Parcel Map
TPM 2025-151 (SUB 2025-0003) divides the 6.14-acre site into two parcels for conveyance purposes only: one parcel for the Active Adult community and one for the ALMC facility (Attachment 2, Exhibit C). The map also provides required easements, such as for bioswale access and maintenance and vehicle access rights.
TPM 2025-151/SUB 2025-0003 was reviewed for compliance with the Subdivision Map Act, the TCC, and the Tustin Subdivision Manual. The Public Works Department has determined that the map is technically correct. Findings supporting approval of the map are included in Planning Commission Resolution No. 4554 (Attachment 2).
TCC Section 9311(g)(5) authorizes the Planning Commission to act on tentative maps; however, since the proposal includes other entitlement applications that require City Council approval, TPM 2025-151/SUB 2025-0003 will be forwarded to the City Council for concurrent consideration.
Other Agencies’ Input
In compliance with the State Subdivision Map Act, the City sent letters along with a copy of TPM 2025-151 to affected agencies. The City received one response (Attachment 5), from the Rancho Santiago Community College District, which operates a Criminal Justice Academy at 15591 Armstrong Avenue, diagonally across the intersection from the project site.
The Community College District recommends a spatial buffer between its facilities and the project site to reduce noise transmission. Staff confirmed that the academy’s operations include administration, education, and outdoor physical training drills, but do not include firearms training, or other activities with sustained amplified noise.
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The outdoor training field, which would be the most relevant source of transient loud noises, such as whistles and yelling, is across Warner Avenue, and more than 600 feet northwest of the project site. The academy building itself sits between the training field and the project site. This distance is sufficient to reduce sounds from the training field to levels below ambient traffic noise, which the proposed buildings are designed to insulate against.
Development Agreement
A DA gives both the applicant and the City certainty that once the project is approved, it may proceed under the rules, conditions, and regulations in place at the time of approval, and the City is assured that its objectives, goals, and policies will be carried out. TLSP Section
4.2.7 requires a DA with, or before, approval of any entitlements for private development.
DA 2025-0001 is included as Exhibit A of Attachment 2 (Draft Ordinance No. 1580). It provides for the orderly implementation of the General Plan and TLSP, completion of the project consistent with the DDA, and certain assurances to the applicant and the City.
The DA includes, but is not limited to, the following provisions:
• Public benefits improvements including sidewalks, parkway landscaping, and irrigation along the project’s street frontages,
• Affordable housing obligations,
• Construction of infrastructure and public facilities, • Maintenance agreements, and
• Annual review of Developer’s performance, among other provisions.
Under TCC Section 9611, the Planning Commission reviews the DA and makes a recommendation to the City Council.
Construction and Phasing
Construction would occur in a single phase lasting approximately 24 months, beginning in late 2026 and ending in late 2028. Work would include site preparation, grading, building construction, and more. All construction would occur within the hours allowed by TCC Section 4616, which prohibits construction between 6:00 p.m. and 7:00 a.m. Monday through Friday, between 5:00 p.m. and 9:00 a.m. on Saturdays, and at all hours on Sundays and City-observed federal holidays.
The project also includes on-site storm drain facilities designed to capture and treat runoff, including oversized storm drains, two underground storage chambers, and a modular wetland system along Armstrong Avenue.
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General Plan Conformity
The City owns the project site and intends to sell the land to the applicant. Before the City sells property, Government Code Section 65402(a) requires the Planning Commission to report on whether the location, purpose, and extent of the sale conform to the City’s General Plan.
The General Plan designates the site as TLSP, which envisions the area as an active living, working, shopping, and recreation environment with access to amenities and facilities that support the community. The proposed sale supports various goals in the Land Use Element and Housing Element of the General Plan, which are included in Planning Commission Resolution No. 4553 (Attachment 1).
Accordingly, Staff recommends the Planning Commission adopt Planning Commission Resolution No. 4553, finding that the location, purpose, and extent of the proposed sale of the project site to the applicant is in conformance with the approved General Plan.
Environmental Review
The California Environmental Quality Act (CEQA) requires the City to review a project’s environmental effects before approving it. When a project fits within the scope of a previously certified environmental study, the City may rely on that earlier study instead of preparing a new one. That is the case for this project.
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 Marine Corps Air Station (MCAS) Tustin. The City later adopted several supplements and addenda to that document: Resolution No. 04-76 on December 6, 2004 (a supplement for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road); Resolution No. 06-43 on April 3, 2006 (an addendum), Resolution No. 13-32 on May 13, 2013 (a second addendum), and Resolution No. 17-23 on July 5, 2017 (a second supplement).
On December 17, 2024, the City Council adopted Resolution No. 24-76, approving a third supplement to the FEIS/EIR (referred to here as the TLSP 2025 SEIR, State Clearinghouse (SCH) No. 1994071005). That study evaluated the environmental effects of an amendment to the TLSP implementing the City’s Sixth Cycle Housing Element Rezone Project, which increased residential capacity within TLSP Neighborhoods D (North and South) and G. The FEIS/EIR, along with its addenda and supplements, is a program EIR under CEQA.
An addendum to the TLSP 2025 SEIR was prepared for this project (Attachment 3) under CEQA Guidelines Sections 15164, 15162, and 15168. Because the project includes an institutional assisted living and memory care component, in addition to residential uses, it was evaluated through an addendum tiering from the TLSP 2025 SEIR, rather than a statutory exemption available to residential projects built under a specific plan. The addendum is supported by project-specific technical studies and evaluates whether any Planning Commission Report
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of the conditions described in CEQA Guidelines Section 15162 have occurred, which would require the preparation of a subsequent EIR.
The addendum concludes that the proposed project is within the scope of the development already analyzed in the TLSP 2025 SEIR, that no new significant environmental effects or substantial increases in the severity of previously identified effects would occur, and that no subsequent or supplemental EIR is required.
All mitigation measures from the TLSP 2025 SEIR Mitigation Monitoring and Reporting Program applicable to the project have been incorporated into the project’s Conditions of Approval. Staff recommends that the Planning Commission recommend the City Council adopt the addendum together with its action on the project entitlements.
Public Notice
The public notice for the project was published in the Tustin News and posted at the project site on July 30, 2026, and was mailed to property owners within a 300-foot radius of the project site and to interested parties. No public comments were received at the time of writing this report.
CONCLUSION
The proposed DR 2025-0008, Density Bonus request, CUP 2025-0012, TPM 2025-151 (SUB 2025-0003), DA 2025-0001, and GPC 2026-0002 are consistent with and implement the TLSP and the General Plan. The project would deliver needed senior housing, including affordable senior housing, and senior care services within Tustin.
Accordingly, staff recommends that the Planning Commission approve GPC 2026-0002, and recommend that the City Council adopt the Addendum to the TLSP 2025 SEIR and approve the proposed DR 2025-0008, Density Bonus request, CUP 2025-0012, TPM 2025-151 (SUB 2025-0003), and DA 2025-0001, including the requested incentive and development standard waivers.
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Prepared by:
______________________________
Jorge Maldonado, Senior Planner
Approved by:
______________________________
Raymond Broihahn Barragan, Principal Planner
______________________________
Jay Eastman, AICP, Assistant Director - Planning
Attachments:
1. Planning Commission Resolution No. 4553 – GPC 2026-0002
2. Planning Commission Resolution No. 4554 – DA 2025-0001, TPM 2025-151/SUB 2025-0003, CUP 2025-0012, DR 2025-0008 and Density Bonus • Exhibit A: Draft Ordinance No. 1580 and Development Agreement (DA) 2025-0001 • Exhibit B: Conditions of Approval
• Exhibit C: Tentative Parcel Map (TPM) 2025-151
3. Addendum to the Tustin Legacy Specific Plan 2025 SEIR
4. Submitted Entitlement Package
5. Other Agencies’ Comments on TPM 2025-151
6. Radius and Location Map
7. Land Use Application Fact Sheet
Action Minutes – Planning Commission Meeting – August 11, 2026 – Page 1
ACTION MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
AUGUST 11, 2026
CALL TO ORDER: 6:00 p.m.
PLEDGE OF ALLEGIANCE: Commissioner Higuchi
ROLL CALL: Let the record reflect that all Commissioners are present, except Chair Pro Tem Kozak, who is absent due to illness.
PUBLIC INPUT:
Hurtado confirmed no public input was received.
CONSENT CALENDAR:
1. APPROVAL OF MEETING MINUTES – JULY 28, 2026
RECOMMENDATION:
That the Planning Commission approve the Minutes of the July 28, 2026 Planning Commission meeting, as provided.
Hurtado confirmed no public input was received regarding Item No. 1.
Motion: It was moved by Douthit, seconded by Higuchi, to approve the Consent Calendar, as provided.
Roll Call Vote: Hurtado
Motion carried: 4-0-1
PUBLIC HEARING:
2. DEVELOPMENT AGREEMENT (DA) 2025-0001, TENTATIVE PARCEL MAP (TPM) 2025-151/SUBDIVISION (SUB) 2025-0003, CONDITIONAL USE PERMIT (CUP) 2025-0012, DESIGN REVIEW (DR) 2025-0008, GENERAL PLAN CONFORMITY (GPC) 2026-0002, AND A DENSITY BONUS REQUEST FOR THE DEVELOPMENT OF 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS ATTACHMENT 6
Action Minutes – Planning Commission Meeting – August 11, 2026 – Page 2 (INCLUDING 26 AFFORDABLE UNITS) AND AN APPROXIMATELY 143,000-
SQUARE-FOOT ASSISTED LIVING AND MEMORY CARE FACILITY, WITHIN
NEIGHBORHOOD D SOUTH OF THE TUSTIN LEGACY SPECIFIC PLAN (TLSP) APPLICANT: Confluent Development
CD-CW (Tustin) LLC
Attn: Jonathan Rankin
2215 Market Street
Denver, CO 80205
PROPERTY OWNER: City Of Tustin
300 Centennial Way
Tustin, CA 92780
LOCATION:
Southeast corner of Warner Avenue and Armstrong Avenue (APN 430-481-012); generally bounded by Warner Avenue to the north, Veterans Way to the east, John Johnson Way to the south, and Armstrong Avenue to the west, within Planning Area 8, 13, and 14 (Neighborhood D) of the TLSP.
ENVIRONMENTAL:
An addendum to the TLSP 2025 Supplemental Environmental Impact Report has been prepared pursuant to California Environmental Quality Act Guidelines Sections 15164, 15162, and 15168. The addendum concludes that none of the conditions requiring preparation of a subsequent or supplemental Environmental Impact Report (EIR) have occurred, therefore further environmental documentation is not required.
REQUESTS:
1. Design Review (DR) 2025-0008 for the design and site layout of 172 residential units for active seniors, an approximate 143,000 square foot assisted living and memory care facility, surface and garage parking, landscaping, and associated site improvements.
2. Density Bonus request to increase the allowable density from 124 base units to 172 units (38.75% density bonus) by providing 26 units affordable to lower income households; one incentive related to the affordable unit bedroom mix; and waivers related to private open space, building setbacks, patio wall height, and architectural feature encroachment.
Action Minutes – Planning Commission Meeting – August 11, 2026 – Page 3
3. Conditional Use Permit (CUP) 2025-0012 to establish and operate an assisted living and memory care facility.
4. Tentative Parecel Map (TPM) 2025-151/Subdivision (SUB) 2025-0003 to subdivide the 6.14-acre site into two parcels.
5. Development Agreement (DA) 2025-0001 to facilitate the development and conveyance of the 6.14-acre city-owned project site.
6. General Plan Conformity (GPC) 2026-0002 to determine that the location, purpose, and extent of the proposed disposition of the 6.14-acre city-owned site (APN 430-481-012) within Neighborhood D south of the Tustin Legacy Specific Plan, for the development of the proposed project, is in conformance with the General Plan and the TLSP.
RECOMMENDATION:
1. That the Planning Commission adopt Resolution No. 4553, determining that the location, purpose, and extent of the proposed disposition of the 6.14-acre site within Neighborhood D south of the TLSP for the development of the proposed project is in conformance with the City’s adopted General Plan and TLSP.
2. That the Planning Commission adopt Resolution No. 4554, recommending that the City Council:
a. Approve DR 2025-0008 for the design and site layout of the proposed project;
b. Approve the Density Bonus request to increase the allowable density from 124 base units to 172 total units (38.75% density bonus) by providing 26 Lower Income units; one incentive related to the bedroom mix of the affordable units; and waivers related to private open space, building setbacks, patio wall height, and architectural feature encroachment; c. Approve CUP 2025-0012 to establish and operate a 103-unit, approximately 143,000 square foot assisted living and memory care facility; d. Approve TPM 2025-151 (SUB 2025-0003) to subdivide the 6.14-acre site into two parcels;
Action Minutes – Planning Commission Meeting – August 11, 2026 – Page 4 e. Approve DA 2025-0001 to facilitate the development and conveyance of the 6.14-acre City-owned site; and
f. Adopt an addendum to the TLSP 2025 Supplemental Environmental Impact Report (TLSP), finding that, pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15164, 15162, and 15168, the proposed project is within the scope of the TLSP 2025 Supplemental Environmental Impact Report (SEIR) and that no subsequent or supplemental Environmental Impact Report is required.
Presentation provided by Raymond Barragan, Principal Planner.
Mr. H. McNeish, Chief Operating Officer for Confluent Development, thanked City staff for their assistance throughout the process and provided additional information regarding the project and Confluent Development’s partnership with Clearwater.
Mr. Christopher Hilbert, representing Clearwater Living at Newport Beach, spoke on behalf of the Clearwater team, expressed appreciation for City staff’s work on the project, and provided additional background regarding Clearwater’s experience and partnership with Confluent Development.
Hurtado confirmed no public comments were received regarding Item No. 2.
Commissioner Gullo inquired about the proposed parcel division, including whether shared uses would remain between the parcels and the advantages of the proposed split. She also asked whether the affordable units would differ from the market-rate units in terms of location, building placement, or finishes. Additionally, she inquired about the speed limits on Johnson Way and Warner Avenue, and asked whether public art or other aesthetic enhancements were included as part of the project proposal.
Barragan responded that the proposed subdivision is for conveyance purposes only and would not affect the operation of the development. He explained that the residential and assisted living components would continue to share operational functions as proposed, and the subdivision is intended primarily to facilitate property ownership and transfer.
Regarding the affordable units, Barragan stated that they are required to be comparable to the market-rate units and would be identical in design and finishes. He noted that the affordable housing component would consist of 23 one-bedroom units and three twobedroom units.
In response to questions about lowering the speed limits on Johnson Way and Warner Avenue, Barragan stated that a traffic study was conducted for the project and determined Action Minutes – Planning Commission Meeting – August 11, 2026 – Page 5 that it would generate relatively low peak-hour traffic volumes. However, the study did not evaluate roadway speed limits or traffic speeds.
Eastman clarified Commissioner Gullo’s question regarding speed limits, noting that John Johnson Way is not a cut-through street, and primarily serves the project site. He stated that traffic volumes and speeds on John Johnson Way are expected to remain low, and that the City would post appropriate speed limits as necessary.
In response to Commissioner Gullo’s question regarding aesthetics, the applicant stated that while no specific public art features had been proposed, the project design includes architectural and artistic elements intended to enhance the development’s appearance.
The applicant indicated a willingness to consider incorporating public art into the project.
Chair Mason asked how the affordable housing units would be monitored and tracked.
Eastman explained that, if approved, the City would enter into an affordable housing agreement, and a deed restriction would be record against the property. The agreement would run with the land and establish the affordability requirements. He added that City staff conduct annual monitoring to ensure ongoing compliance with affordable housing regulations.
Daudt added that City staff annually monitors income-restricted units to verify compliance with the City's affordability requirements and approvals. He explained that these requirements are imposed through Conditions of Approval, which are recorded as a deed restriction against the property. The deed restriction remains with the property and continues to apply to any future owner, operator, or user.
Commissioner Higuchi inquired who John Johnson was.
Commissioner Gullo stated John Johnson was a veteran who lost his life in the military service.
Commissioner’s final comments:
Commissioner Higuchi expressed support for the project. He noted that the development could have provided greater connectivity to the Linear Park and encouraged staff to explore any additional CEQA exemptions in order to help avoid delays for future projects, and facilitate project implementation. He also expressed hope that the project and future developments within Tustin Legacy will contribute to the City's long-term financial sustainability.
Action Minutes – Planning Commission Meeting – August 11, 2026 – Page 6 Commissioner Douthit expressed enthusiasm for the project and concurred with Commissioner Higuchi regarding the importance of advancing the project efficiently. He stated that he looked forward to the facility becoming fully occupied and welcoming new residents to Tustin.
Commissioner Gullo expressed support for the project, describing it as a high-quality and well-conceived proposal. She stated that the requested deviations appeared minor and that the necessary CEQA analysis had been completed. She commented favorably on the project's location near the park, its compatibility with the surrounding neighborhood, and its potential to attract new residents. Commissioner Gullo also reiterated her suggestions regarding public art and bicycle racks and expressed hope for a timely completion.
Chair Mason asked whether Tustin seniors would receive any preference when applying for a unit at Clearwater, and sought clarification regarding the affordable housing rents and associated costs. She also expressed support for the project.
In response, Mr. Hilbert explained that leasing of the affordable units would be conducted in accordance with Fair Housing requirements, which does not provide a preference for Tustin residents. He noted that demand for affordable senior housing in Orange County is high and anticipated that the affordable units would lease quickly. He further clarified that the affordable units are located within the active adult community, which operates similarly to a traditional multi-family development for residents age 55 and older. The assisted living component is separate and is not subject to the project's affordability requirements. Mr. Hilbert also provided additional information regarding income qualifications and eligibility requirements for affordable housing residents.
Motion: It was moved by Higuchi, seconded by Gullo, to approve Resolution No. 4553, as provided.
Roll Call Vote: Hurtado
Motion Carried: 4-0-1.
Motion: It was moved by Higuchi, seconded by Douthit, to approve Resolution No. 4554, as provided.
Roll Call Vote: Hurtado
Motion Carried: 4-0-1.
REGULAR BUSINESS: None.
Action Minutes – Planning Commission Meeting – August 11, 2026 – Page 7 OTHER BUSINESS:
Jay Eastman, AICP, Community Development Assistant Director – Planning, announced Jose Jara’s promotion to an Associate Planner and Angela Ridolfi’s promotion to Assistant Planner. He also provided verbal Community Development Department updates to the Commission.
PLANNING COMMISSION COMMENTS AND REPORTS:
Commissioner Gullo: no comments
Commissioner Douthit was happy with Old Town improvements but voiced his concern with the small size of the trees. He is excited to see the progress at the Legacy.
Higuchi: no comments.
Mason: no comments.
ADJOURNMENT: 6:42 p.m. The next regular meeting of the Planning Commission is scheduled for Tuesday, August 25, 2026.
RESOLUTION NO. 4553
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THAT THE LOCATION, PURPOSE,
AND EXTENT OF THE PROPOSED DISPOSITION
OF LOT 14 OF TRACT 18197, AN APPROXIMATE
6.14-ACRE SITE WITHIN PLANNING AREA 8, 13,
AND 14 (NEIGHBORHOOD D) OF THE TUSTIN
LEGACY SPECIFIC PLAN, 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,
IS IN CONFORMANCE WITH THE GENERAL PLAN
AND TUSTIN LEGACY SPECIFIC PLAN
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application was 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 an approximately
6.14-acre site. The site is currently owned by the City of Tustin within Planning Area 8, 13, and 14 (Neighborhood D) of the Tustin Legacy Specific Plan.
B. That the City wishes to dispose of Lot 14 of Tract 18197, an approximate
6.14-acre site within Planning Area 8, 13, and 14, to accommodate the development of 172 residential units for active seniors, an approximately 143,000 square foot assisted living and memory care facility, parking garages and surface parking, landscaping, recreational amenities, and associated site improvements.
C. That Government Code Section 65402(a) provides that no real property shall be disposed of until the location, purpose, and extent of the project has been reported upon by the local planning agency as to the conformity with the adopted general plan.
D. That the disposition of the site is subject to the Surplus Land Act (Government Code Section 54220 et seq.). The City declared the property exempt surplus land on June 15, 2021, pursuant to Government Code Section 54221(f)(1)(H), and the California Department of Housing and ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' ATTACHMENT 7 Resolution No. 4553
August 11, 2026
Community Development approved the City’s determination on September 15, 2022.
E. That the General Plan designates the site as Tustin Legacy Specific Plan, which envisions the area as an active living, working, shopping, and recreation environment with access to amenities and facilities that support the community. The proposed disposition supports several General Plan Land Use and Housing Element goals, including the following:
1. Land Use Element Goal 1: Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services.
2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City’s circulation network, availability of public facilities, existing development constraints and the City’s unique characteristics and resources.
3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically pleasing community for residents and businesses.
4. Land Use Goal 6: Improve urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods, commercial and business park districts.
5. Land Use Goal 8: Ensure that necessary public facilities and services should be available to accommodate development proposed on the Land Use Policy Map.
6. Land Use Goal 14: Continue to implement the Specific Plan/Reuse Plan for MCAS Tustin [the Tustin Legacy Specific Plan] which maximizes the appeal of the site as a mixed-use, master planned development.
7. Housing Element Goal 1: Provision of an adequate supply of housing to meet the need for a variety of housing types and the diverse socioeconomic needs of all community residents commensurate with the City’s identified housing needs in the Regional Housing Needs Assessment allocation.
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4553
August 11, 2026
8. Housing Element Goal 2: Promote fair housing opportunities for all people regardless of their special characteristics as protected under State and Federal fair housing laws.
F. That the proposed project would provide senior housing, affordable senior housing, and senior care services responsive to the needs of the City’s older adult population, consistent with the General Plan goals identified above.
G. That Section 65402(a) of the Government Code authorizes the Planning Commission to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan.
H. That a public hearing was duly noticed, called, and held on the associated entitlement project and General Plan Conformity (GPC) 2026-0002 by the Planning Commission on August 11, 2026.
I. That the General Plan Conformity determinations required by Government Code Section 65402(a) are not “projects” requiring environmental review pursuant to the California Environmental Quality Act.
II. The Planning Commission hereby determines that the location, purpose, and extent of the disposition of Lot 14 of Tract 18197 to CD-CW (Tustin) LLC for the development of 172 residential units for active seniors, including 26 units affordable to Lower Income households, an approximately 143,000 square foot assisted living and memory care facility, parking garages and surface parking, landscaping, recreational amenities, and associated site improvements is in conformance with the General Plan and the Tustin Legacy Specific Plan.
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4553
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 11th day of August 2026.
AMY MASON
Chairperson
JAY EASTMAN
Planning Commission Secretary
APPROVED AS TO FORM:
___________________________
MICHAEL DAUDT
Assistant City Attorney
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4553
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JAY EASTMAN, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4553 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of August 2026.
PLANNING COMMISSIONER AYES: DOUTHIT, GULLO, HIGUCHI, MASON (4) PLANNING COMMISSIONER NOES: _________________________________ PLANNING COMMISSIONER ABSTAINED: _________________________________ PLANNING COMMISSIONER ABSENT: KOZAK (1) _
___________________________
JAY EASTMAN
Planning Commission Secretary
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' RESOLUTION NO. 4554
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE
TUSTIN CITY COUNCIL ADOPT AN ADDENDUM TO THE
TUSTIN LEGACY SPECIFIC PLAN 2025 SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT AND APPROVE
DEVELOPMENT AGREEMENT 2025-0001, SUB 2025-0003 /
TENTATIVE PARCEL MAP 2025-151, CONDITIONAL USE
PERMIT 2025-0012, DESIGN REVIEW 2025-0008, AND A
DENSITY BONUS REQUEST FOR THE DEVELOPMENT OF 172
RESIDENTIAL UNITS FOR ACTIVE SENIORS AND AN
APPROXIMATELY 143,000 SQUARE FOOT ASSISTED LIVING
AND MEMORY CARE FACILITY ON LOT 14 OF TRACT 18197
WITHIN PLANNING AREA 8, 13, AND 14 (NEIGHBORHOOD D)
OF THE TUSTIN LEGACY SPECIFIC PLAN.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application has been submitted by 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 the development application includes the following requests:
1. Development Agreement (DA) 2025-0001 to facilitate the development and conveyance of the approximately 6.14-acre City-owned site.
2. Tentative Parcel Map (TPM) 2025-151/SUB 2025-0003 to subdivide the approximately 6.14-acre site into two (2) numbered parcels for the development of the active senior residential community and the assisted living and memory care facility.
3. Conditional Use Permit (CUP) 2025-0012 to establish and operate a 103- unit, approximately 143,000 square foot assisted living and memory care facility.
4. Design Review (DR) 2025-0008 for the site layout and building design of 172 residential units for active seniors, an approximately 143,000 square foot assisted living and memory care facility, parking garages and surface parking, landscaping, and associated site improvements. ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' ATTACHMENT 8 Resolution No. 4554
August 11, 2026
5. Density Bonus to increase the density of the project, together with one (1) incentive and four (4) waivers/reductions of development standards to facilitate the proposed project.
C. That the site is zoned as TLSP (SP-1) within PA 8, 13, and 14 (Neighborhood D), and designated as TLSP by the General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element.
D. That TLSP Section 4.2.7 requires all private nonresidential development at Tustin Legacy to obtain a DA in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code. In compliance with TCC Section 9611, the Planning Commission must make a recommendation on the proposed DA to the City Council. The 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 Tustin Legacy Specific Plan.
2. The project includes uses compatible with other uses authorized in the district in which the real property is located (PA 8, 13, and 14) in that residential uses are permitted by right, congregate care, convalescent, and assisted living facilities are conditionally permitted, and similar and compatible uses are constructed and 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 project would provide 172 residential units for active seniors inclusive of 26 units affordable to Lower Income households, together with an approximately 143,000 square foot assisted living and memory care facility, providing additional options of housing types and senior care services responsive to the needs of the City’s older adult population.
4. The project will not be detrimental to the health, safety, and general welfare. The project will comply with the TLSP, TCC, and other regulations to ensure that the project will not be detrimental in any way.
5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed, and equipped with necessary infrastructure and amenities to support existing and future residents and businesses in Tustin Legacy.
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4554
August 11, 2026
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.
E. Pursuant to TCC 9311(g)(5), the Planning Commission is authorized to review and take action on Tentative Maps; however, since the proposal includes other applications that require City Council approval, TPM 2025- 151/SUB 2025-0003 shall be forwarded to City Council for concurrent consideration.
F. As conditioned, TPM 2025-151 (SUB 2025-0003) will be in conformance with the General Plan, TLSP, State Subdivision Map Act, and the City’s Subdivision Code as follows:
1. That the site is located in PA 8, 13, and 14 (Lot 14 of Tract 18197) of the TLSP, which is designated for Mixed-Use Urban and that the proposed development as conditioned will be physically suitable for the type of development and proposed density of development;
2. That the proposed subdivision divides the site into two parcels for conveyance purposes only and provides for required easements, including bioswale access and maintenance and vehicular access rights;
3. The subdivider will be required to provide funding towards the project’s fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at Tustin Legacy, including but not limited to roadway improvements; traffic and circulation mitigation to support development at Tustin Legacy; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; retention and detention systems, open space and public recreational facilities and; utility backbone systems;
4. That the proposed subdivision would not have a new impact on school district facilities within the Tustin Unified School District (TUSD) or Santa Ana Unified School District (SAUSD) in that school impacts for development were considered in the MCAS Reuse Plan, which identified school facility sites that will be conveyed to the TUSD by the Federal Department of Education or the City of Tustin to serve development of property at Tustin Legacy. The TLSP, the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR), its supplements and addenda, and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the TUSD and SAUSD prior to issuance of building permits in accordance with the City’s procedures;
5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat;
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4554
August 11, 2026
6. The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area; and
7. Adequate infrastructure to support buildout of the project and construction of public infrastructure and utility systems is required in accordance with the conditions of approval.
G. Pursuant to the TLSP and TCC Section 9272, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items:
1. Height, bulk, and area of buildings. The five-story active senior building has a maximum height of 71 feet and the two-story assisted living and memory care building a maximum of 35.6 feet, both of which are below the 150-foot maximum permitted. Building footprints of 79,819 and 75,921 square feet are distributed across the 6.14-acre site such that building mass is concentrated along Armstrong Avenue and scales down toward Veterans Way.
2. Setbacks and site planning. The buildings are sited to frame all four street frontages, with resident parking placed within structures. Limited encroachments into the required building setback along Armstrong Avenue, Warner Avenue, and Veterans Way accommodate ground-level patios, a second-floor balcony, and a corner architectural feature, all of which are authorized pursuant to requested density bonus waivers.
3. Exterior materials and colors. The buildings use an earth-toned palette of limestone tile veneer, brown fiber cement siding, and stucco in varied finishes, with accents including picket railings, exposed concrete, and metal trim, consistent with TLSP Section 3.19.
4. Type and pitch of roofs. Both buildings use low-slope roofs concealed behind parapets, with maximum building heights measured to the top of parapet.
5. Size and spacing of windows, doors, and other openings. Window and door openings are distributed to articulate each façade and reduce apparent building mass. Private balconies are provided on 165 of the 172 active senior units; the seven units without balconies are located where Orange County Fire Authority ladder pad access is required. ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4554
August 11, 2026
6. Roof structures. Rooftop improvements on the active senior building include a 4,837 square foot amenity deck with a pickleball court and outdoor kitchen. Rooftop mechanical equipment is screened from public view by parapets.
7. Location, height, and standards of exterior illumination. Exterior lighting is designed to provide safe pedestrian and vehicular circulation while shielding and directing light downward to avoid spillover onto adjacent properties. As conditioned, exterior illumination will comply with the standards of the Tustin Security Ordinance.
8. Landscaping, parking area design, and traffic circulation. The project provides 29,455 square feet of landscaping, including drought-tolerant trees and shrubs along the site boundary, within parking areas, and throughout open space areas. A total of 278 parking spaces are provided within parking garages and two surface lots, which exceeds the minimum number of spaces required by 43 spaces (235 required). Site access is taken from John Johnson Way and Veterans Way, with an internal roundabout providing passenger loading and access to guest parking and both garages, and a bus turnout serving the assisted living and memory care facility.
9. Location and appearance of equipment located outside an enclosed structure. Ground-mounted mechanical, electrical, and utility equipment is located away from street frontages and screened by walls and landscaping, and rooftop equipment is screened by parapets.
10. Location and method of refuse storage. Refuse and recycling for the Active Adult building are deposited down trash chutes located at each floor and stored within enclosed trash rooms at the ground floor of each building.
Dumpsters are then moved to collection areas on-site accessible from internal drive aisles. For the assisted living and memory care facility, refuse is collected by staff and deposited at a dedicated trash enclosure accessible from internal drive aisles.
11. Physical relationship of proposed structures to existing structures in the neighborhood. The site is bounded by public streets on all four sides.
The two-story assisted living and memory care building provides a gentler visual for most of the project frontage on John Johnson Way, facing the park.
12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The modern-contemporary architecture and earth-toned palette are consistent with the design character established elsewhere in Neighborhood D. Building orientation and façade articulation along Warner Avenue, Armstrong Avenue, ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4554
August 11, 2026
Veterans Way, and John Johnson Way establish a consistent street presence that will complement future development on adjoining parcels.
13. Development Guidelines and criteria as adopted by the City Council.
The project complies with TLSP Section 3.19, Urban Design Guidelines, and with the development standards applicable to Planning Area 8, 13, and 14, except for those standards for which density bonus waivers have been requested.
H. That TLSP Section 3.11 lists a “congregate care, convalescent, and assisted living facility” as a conditionally permitted use within PA 8, 13, and 14, and TCC Section 9291 grants the Planning Commission the authority to consider and act on such requests for a CUP. The proposed assisted living and memory care facility falls within this land use category, with memory care being a specialized subset of assisted living. No convalescent use is proposed.
I. That in determining whether to recommend approval of the CUP application, the Planning Commission finds that the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that:
1. The proposed assisted living and memory care facility is a conditionally permitted use within PA 8, 13, and 14 pursuant to Tustin Legacy Specific Plan Section 3.11.
2. The facility is compatible with the Mixed-Use Urban designation of Neighborhood D and with the adjacent residential community for active seniors, with which it shares amenities, and with the future extension of the Legacy Linear Park to the south.
3. At two stories and a maximum height of 35.6 feet, the facility constitutes the lower-scale portion of the project and provides an appropriate transition in building scale toward the future park and adjoining residential neighborhood.
4. The operations of the facility occur almost entirely within the enclosed building or within the 18,162 square foot interior courtyard, which provides secure outdoor space for residents.
5. Because most residents of assisted living and memory care facilities do not drive, the facility generates comparatively little traffic. The traffic analysis prepared for the project estimates the facility would generate approximately 348 vehicle trips per day.
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4554
August 11, 2026
6. The facility provides 67 parking spaces, exceeding the 45 spaces required by TCC Section 9263 for 134 beds, and includes a bus turnout and a dedicated bus space to serve resident transportation.
7. Assisted living facilities are licensed by the California Department of Social Services (CDSS), and the operator must obtain additional State approvals to operate a memory care program. The Community Care Licensing Division (CCLD) of CDSS regulates compliance with State operational standards, staffing, and resident care requirements.
8. Conditions of approval have been included to address the development and ongoing operation of the facility.
J. That the proposed residential community for active seniors is eligible for a density bonus pursuant to State Density Bonus Law (Government Code Section 65915) and TCC Article 9, Chapter 1. By reserving 26 units (21 percent of the 124 base units) as affordable to Lower Income households for a minimum of 55 years, the applicant is entitled to a 38.75 percent density bonus, which allows a total of 173 units, of which 172 units are proposed.
K. That the requested incentive consisting of an affordable unit mix of 23 onebedroom units and three two-bedroom units is consistent with and in compliance with Density Bonus Law. Pursuant to Government Code Section 65915(d)(1), the City must grant the requested incentive unless it makes a written finding, based upon substantial evidence, that the incentive would not result in identifiable and actual cost reductions, would have a specific adverse impact upon public health or safety or upon a property listed in the California Register of Historical Resources, or would be contrary to State or Federal law. No basis for such a finding has been identified.
L. That the requests for waivers of development standards relating to private open space, building setbacks, patio wall height, and an architectural feature encroachment are appropriate, consistent with, and in compliance with Density Bonus Law, and are consistent with the intent of the established standards and the TLSP. Pursuant to Government Code Section 65915(e)(1), the City may not deny the requested waivers unless it finds that a waiver would have a specific, adverse impact upon public health or safety for which there is no feasible method to satisfactorily mitigate or avoid the impact, would have an adverse impact on a property listed in the California Register of Historical Resources, or would be contrary to State or Federal law. No such circumstances have been identified.
M. That the project will exceed the amount of required parking by proposing 278 parking spaces where 235 spaces are required by TCC Section 9263. ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4554
August 11, 2026
N. That a public hearing was duly called, noticed, and held on said applications on August 11, 2026, by the Planning Commission.
O. 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 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.
An addendum to the TLSP 2025 SEIR has been prepared for the proposed project and is supported by project-specific technical studies. Based upon the addendum, the Planning Commission finds that:
1. The proposed project is within the scope of the development previously analyzed in the TLSP 2025 SEIR;
2. No substantial changes are proposed in the project, and no substantial changes have occurred with respect to the circumstances under which the project is undertaken, that would require major revisions to the TLSP 2025 SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4554
August 11, 2026
3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the TLSP 2025 SEIR was certified, has become available;
4. None of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent or supplemental EIR have occurred, and only minor technical changes or additions are necessary, such that an Addendum is the appropriate document pursuant to CEQA Guidelines Section 15164; and
5. Pursuant to CEQA Guidelines Section 15164(c), the Addendum need not be circulated for public review, and pursuant to Section 15164(d), the Addendum has been considered together with the TLSP 2025 SEIR prior to making a decision on the project.
All mitigation measures from the MCAS Tustin FEIS/EIR, TLSP 2017 SEIR, and TLSP 2025 SEIR Mitigation Monitoring and Reporting Programs applicable to the project have been incorporated into the conditions of approval attached hereto as Exhibit B.
II. The Planning Commission hereby adopts Resolution No. 4554, recommending that the City Council adopt the Addendum to the TLSP 2025 SEIR, adopt Ordinance No. 1580 for DA 2025-0001 attached hereto as Exhibit A, and approve SUB 2025-0003/TPM 2025-151, CUP 2025-0012, DR 2025-0008, and the Density Bonus request together with the requested incentive and waivers, subject to the conditions attached hereto as Exhibit B.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11th day of August 2026.
AMY MASON
Chairperson
JAY EASTMAN
Planning Commission Secretary
APPROVED AS TO FORM:
___________________________
MICHAEL DAUDT
Assistant City Attorney
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Resolution No. 4554
August 11, 2026
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JAY EASTMAN, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4554 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of August 2026.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
DOUTHIT, GULLO, HIGUCHI, MASON (4)
_______________________________
PLANNING COMMISSIONER ABSTAINED: _______________________________ PLANNING COMMISSIONER ABSENT: KOZAK (1) ____
JAY EASTMAN
Planning Commission Secretary
Exhibit A – Draft Ordinance No. 1580 and Development Agreement 2025-0001 Exhibit B – Conditions of Approval
Exhibit C – Tentative Parcel Map 2025-151
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' ________________
Ordinance No. 1580
DA 2025-0001
DRAFT 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;
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' _________________
Ordinance No. 1580
DA 2025-0001
4. Pay the Project Fair Share Contribution for backbone infrastructure in Tustin Legacy; and
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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' ________________
Ordinance No. 1580
DA 2025-0001
Marine Corps Air Station, Tustin.
Because the proposed project includes an institutional assisted living and 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' _________________
Ordinance No. 1580
DA 2025-0001
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.
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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' ________________
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 that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1580 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on ________ ___, 2026, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on _______ ___, 2026, by the following vote:
COUNCILMEMBER AYES: ___________________________________ COUNCILMEMBER NOES: ___________________________________ COUNCILMEMBER ABSTAINED: ___________________________________ COUNCILMEMBER ABSENT: ___________________________________ COUNCILMEMBER RECUSED: ___________________________________ ERICA N. YASUDA
City Clerk
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 2 City of Tustin/Confluent Development
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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. ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 4 City of Tustin/Confluent Development
Development Agreement
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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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. ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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, ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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, ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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. ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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. ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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, ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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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Development Agreement
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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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) ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 36 City of Tustin/Confluent Development
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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.
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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}
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' EXHIBIT B City of Tustin/Confluent Development
Development Agreement
EXHIBIT B
TO DEVELOPMENT AGREEMENT
MAP SHOWING PROPERTY AND ITS LOCATION
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !'
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
SHEET NO.
Save Date:
Plot Date:
7/8/2026 3:00 PM
7/8/2026 3:20 PM
ONFCDMS0012 - Copy.dwg By: Juta P:\C\CONFCDMS0012\0400CAD\EXHIBITS\2026-07-07 Tustin Development Agreement Exhibits For Confluent\Reference\EXHIBIT B-C Justin Tat By:
File:
CHECKED BY:
®
17542 E. 17th Street
Suite 150
Tustin, CA 92780
714.665.4500
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 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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.
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' EXHIBIT D City of Tustin/Confluent Development
Development Agreement
EXHIBIT D
LANDSCAPE AREA
[Attached]
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' DW
RW
RW
DW
DW
DW
DW DW DW DW
SS
SS
SS
SS
SS SS SS SS
DW
SS
SS
SS
SS
SS
SS
SS SS
SS
DW
DW
DW
DW
DW
DW
DW
DW
E
E
E
E
E
E E
SL
ST
C C
E E E E E E ST ST
IRR IRR IRR
IRR IRR
IR
R
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
SHEET NO.
Save Date:
Plot Date:
7/31/2026 12:52 PM
7/31/2026 12:57 PM
ONFCDMS0012 - Copy.dwg By: Juta P:\C\CONFCDMS0012\0400CAD\EXHIBITS\2026-07-07 Tustin Development Agreement Exhibits For Confluent\Reference\EXHIBIT D-C Justin Tat By:
File:
CHECKED BY:
®
17542 E. 17th Street
Suite 150
Tustin, CA 92780
714.665.4500
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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' EXHIBIT E City of Tustin/Confluent Development
Development Agreement
EXHIBIT E
SITE PLAN
[showing Active Adult Real Property and AL/MC Real Property] [Attached]
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
SS
SS
SS
SS
SS
SS
SS SS
SS
DW
DW
DW
DW
DW
DW
DW
DW
E
E
E
E
E
E E
SL
ST
C C
E E E E E E ST ST
IRR IRR IRR
IRR IRR
IR
R
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
SHEET NO.
Save Date:
Plot Date:
8/3/2026 3:15 PM
8/3/2026 3:19 PM
ONFCDMS0012.dwg By: Juta P:\C\CONFCDMS0012\0400CAD\EXHIBITS\2026-07-07 Tustin Development Agreement Exhibits For Confluent\Reference\EXHIBIT E-C Justin Tat By:
File:
CHECKED BY:
®
17542 E. 17th Street
Suite 150
Tustin, CA 92780
714.665.4500
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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' EXHIBIT F City of Tustin/Confluent Development
Development Agreement
EXHIBIT F
ACCESS EASEMENT AGREEMENT
[Attached]
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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”. ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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.
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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} ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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:
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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]
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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]
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
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=603.35' R1)
L=603.35'
N 64°05'52" W 280.62' (280.62' R1)
=16°06'48" Δ
=16°06'56" R1) (Δ
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=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
Δ
=8°54'16" R1)
=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)
Δ=20°05'40"
(R=1400.00' R1)
R=1400.00'
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"
29"W
50.00'
(50.00' R1)
(114.22' R1)
N39°10'31" E 114.22'
=12°32'28" R1) (Δ
=12°32'28" Δ 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)
=14°45'07" R1) (Δ
=14°45'07" Δ
=32°59'59" Δ
=32°59'59" R1) (Δ
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 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=07°43'15" Δ=13°06'14" R=41.00' (L=9.38') (R=41.00') (R1) (Δ=13°06'14") L=9.38' 4 5
L=15.91' (Δ=15°27'12") (R1) (R=59.00') (L=15.91') R=59.00' Δ=15°27'12" Δ=02°21'00" 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"EN85°15'23"E
4.92' (4.92') (N38°14'17"E)
(R1) (N85°15'26"E)(R1)
(37.48') 37.48'
N51°45'31"WN85°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
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
ST ST ST ST
SL
C C C
E E E E E E E E E E E E ST ST ST ST S
D
S
S
S
S
S
S
RWR
PB
PB
PB
RWR
WARNER
Y
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
Δ
=8°54'16" R1)
=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)
Δ=20°05'40"
(R=1400.00' R1)
R=1400.00'
(L=
(Δ=
(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'
=12°32'28" R1) (Δ
=12°32'28" Δ 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)
=14°45'07" R1) (Δ
=14°45'07" Δ
=32°59'59" Δ
=32°59'59" R1) (Δ
R=1400.04'
(R=1400.04' R1)
(L=360.47' R1)
L=360.47'
19 14
L=806.36'
(L=806.36' R1) 93.79' R1)
=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 59
59 58
56 56 57 57
55 55
54 55
55 54
56 56
PROPOSED (PRIVATE)
OLDCASTLE STORMCAPTURE
TENTATIVE PARCEL MAP 2025-151
DESIGNED BY: JITDRAWN BY: JTKAPROJECT NO.
DATE: REVIEWED BY:
CK BY DATE NO. REVISION
CHECKED BY: JITSHEET 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 661.284.7436E-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
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 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 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 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
INDICATES CALCULATED FROM CF
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, DATED TITLE EXCEPTIONS:
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, 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 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. 1WALL CROSSING THE PROPERTY LINE ON THE NORTHERLY BOUNDARY AS SHOWN. 2UTILITIES 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, 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)
No.C-62159
1/23/2026
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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.
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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}
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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}
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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:
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' EXHIBIT G City of Tustin/Confluent Development
Development Agreement
EXHIBIT G
BIOSWALE EASEMENT
[Attached]
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Tustin Confluent Bioswale and Utility
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1 City of Tustin/Confluent Development
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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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Tustin Confluent Bioswale and Utility
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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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Tustin Confluent Bioswale and Utility
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3 City of Tustin/Confluent Development
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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, ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Tustin Confluent Bioswale and Utility
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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 Improvements in 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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Tustin Confluent Bioswale and Utility
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5 City of Tustin/Confluent Development
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Tustin Confluent Bioswale and Utility
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6 City of Tustin/Confluent Development
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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 ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Tustin Confluent Bioswale and Utility
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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.]
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Tustin Confluent Bioswale and Utility
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S-1 City of Tustin/Confluent Development
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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: _____________________________
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Tustin Confluent Bioswale and Utility
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S-2 City of Tustin/Confluent Development
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Tustin Confluent Bioswale and Utility
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CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _________________________________
On _________________ before me, ________________________________________________, Date (Insert Name and Title of the Officer)
personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal and/or Stamp above Signature: ______________________________________ Signature of Notary Public
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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]
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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.] ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
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=603.35' R1)
L=603.35'
N 64°05'52" W 280.62' (280.62' R1)
=16°06'48" Δ
=16°06'56" R1) (Δ
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=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
Δ
=8°54'16" R1)
=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)
Δ=20°05'40"
(R=1400.00' R1)
R=1400.00'
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"
29"W
50.00'
(50.00' R1)
(114.22' R1)
N39°10'31" E 114.22'
=12°32'28" R1) (Δ
=12°32'28" Δ 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)
=14°45'07" R1) (Δ
=14°45'07" Δ
=32°59'59" Δ
=32°59'59" R1) (Δ
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 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=07°43'15" Δ=13°06'14" R=41.00' (L=9.38') (R=41.00') (R1) (Δ=13°06'14") L=9.38' 4 5
L=15.91' (Δ=15°27'12") (R1) (R=59.00') (L=15.91') R=59.00' Δ=15°27'12" Δ=02°21'00" 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"EN85°15'23"E
4.92' (4.92') (N38°14'17"E)
(R1) (N85°15'26"E)(R1)
(37.48') 37.48'
N51°45'31"WN85°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
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
ST ST ST ST
SL
C C C
E E E E E E E E E E E E ST ST ST ST S
D
S
S
S
S
S
S
RWR
PB
PB
PB
RWR
WARNER
Y
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
Δ
=8°54'16" R1)
=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)
Δ=20°05'40"
(R=1400.00' R1)
R=1400.00'
(L=
(Δ=
(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'
=12°32'28" R1) (Δ
=12°32'28" Δ 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)
=14°45'07" R1) (Δ
=14°45'07" Δ
=32°59'59" Δ
=32°59'59" R1) (Δ
R=1400.04'
(R=1400.04' R1)
(L=360.47' R1)
L=360.47'
19 14
L=806.36'
(L=806.36' R1) 93.79' R1)
=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 59
59 58
56 56 57 57
55 55
54 55
55 54
56 56
PROPOSED (PRIVATE)
OLDCASTLE STORMCAPTURE
TENTATIVE PARCEL MAP 2025-151
DESIGNED BY: JITDRAWN BY: JTKAPROJECT NO.
DATE: REVIEWED BY:
CK BY DATE NO. REVISION
CHECKED BY: JITSHEET 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 661.284.7436E-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
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 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 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 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
INDICATES CALCULATED FROM CF
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, DATED TITLE EXCEPTIONS:
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, 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 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. 1WALL CROSSING THE PROPERTY LINE ON THE NORTHERLY BOUNDARY AS SHOWN. 2UTILITIES 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, 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)
No.C-62159
1/23/2026
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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]
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' SCHEDULE 3
TO DEVELOPMENT AGREEMENT
LEGAL AND PLAT OF BIOSWALE EASEMENT AREA
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !'
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
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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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(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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 10
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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*** 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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*** 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 13
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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(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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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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.
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
Clearwater at Tustin Legacy – Page 17
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• 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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(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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' Exhibit B – Conditions of Approval
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*** 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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:
x 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.
x To return jurisdictional habitats that are temporarily disturbed during construction to preconstruction
conditions.
x 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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:
x 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.
x 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' 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
,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !' ,6098325Ā-5:14671Ā/,(Ā-#+) !& Ȁ* $,Ȁ&* +Ȁ& "-Ȁ.")%'$,# !'
RADIUS AND LOCATION MAP
CLEARWATER AT TUSTIN LEGACY
300 Feet
500 Feet
1,000 Feet
ATTACHMENT 9
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): DA 2025-0001, SUB 2025-0003 (TPM 2025-151), CUP 2025-0012, DR 2025-0008, GPC 2026-0002, AND DENSITY
BONUS REQUEST
2. ADDRESS: SOUTHEAST CORNER OF WARNER AVENUE AND ARMSTRONG AVENUE (LOT 14 OF TRACT 18197; NO SITUS ADDRESS ASSIGNED)
3. APN(S): 430-481-012
4. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE. THE SUBJECT SITE WAS CREATED AS LOT 14 OF TRACT MAP 18197, RECORDED DECEMBER 10, 2020.
5. SURROUNDING LAND USES:
NORTH: WARNER AVENUE; UNDEVELOPED LAND
EAST: VETERANS WAY; UNDEVELOPED LAND
SOUTH: JOHN JOHNSON WAY; FUTURE LEGACY LINEAR PARK EXTENSION
AND MULTIPLE FAMILY RESIDENTIAL
WEST: ARMSTRONG AVENUE; UNDEVELOPED LAND
6. SURROUNDING ZONING DESIGNATION:
NORTH: TUSTIN LEGACY SPECIFIC PLAN (SP-1)
EAST: TUSTIN LEGACY SPECIFIC PLAN (SP-1)
SOUTH: TUSTIN LEGACY SPECIFIC PLAN (SP-1)
WEST: TUSTIN LEGACY SPECIFIC PLAN (SP-1)
7. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: TLSP - TUSTIN LEGACY SPECIFIC PLAN
EAST: TLSP - TUSTIN LEGACY SPECIFIC PLAN
ATTACHMENT 10
SOUTH: TLSP - TUSTIN LEGACY SPECIFIC PLAN
WEST: TLSP - TUSTIN LEGACY SPECIFIC PLAN
8. SITE LAND USE:
A. EXISTING: VACANT/UNDEVELOPED
B. PROPOSED: 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS
(INCLUDING 26 UNITS AFFORDABLE TO LOWER INCOME HOUSEHOLDS) AND AN APPROX. 143,000 SQUARE FOOT ASSISTED LIVING AND MEMORY CARE FACILITY (103 UNITS/134 BEDS)
C. GENERAL PLAN: TUSTIN LEGACY SPECIFIC PLAN (NO CHANGE) D. ZONING: TUSTIN LEGACY SPECIFIC PLAN (SP-1), PLANNING AREA 8, 13, AND 14 - MIXED-USE URBAN (NO CHANGE)
DEVELOPMENT FACTS:
9. LOT AREA: 6.14 GROSS ACRES (267,385 SF) / 6.04 NET ACRES (263,125 SF)
PARCEL 1 (ACTIVE ADULT): 121,531 SF (2.79 ACRES)
PARCEL 2 (AL/MC): 145,854 SF (3.35 ACRES)
10. BUILDING AREA: 435,926 SF TOTAL GROSS FLOOR AREA
BUILDING 1 (ACTIVE ADULT): 293,360 SF - 5 STORIES
/ 71 FEET MAX.
BUILDING 2 (AL/MC): APPROX. 143,000 SF - 2
STORIES / 35.6 FEET MAX.
11. PARKING: PER TCC SECTION 9263
REQUIRED: 235 SPACES (190 ACTIVE ADULT; 45
ASSISTED LIVING/MEMORY CARE)
PROVIDED: 278 SPACES (211 ACTIVE ADULT; 67
ASSISTED LIVING/MEMORY CARE)
12. CONSTRUCTION: NEW CONSTRUCTION; SINGLE PHASE
13. SIGNAGE: SUBJECT TO THE TCC; MASTER SIGN PLAN
REQUIRED
14. LANDSCAPING: 29,455 SF
15. DENSITY BONUS: 38.75% (124 BASE UNITS; 173 UNITS PERMITTED; 172 PROPOSED), WITH ONE (1) INCENTIVE AND FOUR (4) WAIVERS
DEVELOPMENT STANDARD COMPARISON
STANDARD TLSP REQUIREMENT PROPOSED
PROJECT
Status
Lot Area Non-Res.: Min. 8,000 SF
Res.: No min.
Non-Res: 145,854 SF
Res: 121,531 SF
Complies
Building
Height
Max. 150 ft Bldg. 1: 71 ft
Bldg. 2: 35.6 ft
Complies
Setbacks Warner Ave: 20 ft
Armstrong Ave: 20 ft
Local Roads: 10 ft
Warner Ave: 15 ft
Armstrong Ave: 15 ft
Local Roads: 5 ft
Waived per
Density Bonus
Private
Open Space
100 SF per unit 127 units with patios
below 100 SF; 7 units
w/o balconies
Waived per
Density Bonus
Common
Open Space
100 SF per unit (17,200 SF) 21,964 SF Complies
From: [email protected]
To: Hurtado, Vera; Ridolfi, Angela; E-Comments
Subject: New eComment for Planning Commission Meeting
Date: Tuesday, August 11, 2026 11:37:06 AM
City of Tustin, CA
New eComment for Planning Commission Meeting
Guest User submitted a new eComment.
Meeting: Planning Commission Meeting
Item: 2. DEVELOPMENT AGREEMENT (DA) 2025-0001, TENTATIVE PARCEL MAP (TPM) 2025-151/SUBDIVISION (SUB) 2025-0003, CONDITIONAL USE PERMIT (CUP) 2025-0012, DESIGN REVIEW (DR) 2025-0008, GENERAL PLAN CONFORMITY (GPC) 2026-0002, AND A DENSITY BONUS REQUEST FOR THE DEVELOPMENT OF 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS (INCLUDING 26 AFFORDABLE UNITS) AND AN APPROXIMATELY 143,000-SQUARE-FOOT ASSISTED LIVING AND MEMORY CARE FACILITY, WITHIN
NEIGHBORHOOD D SOUTH OF THE TUSTIN LEGACY SPECIFIC PLAN (TLSP) eComment: Hello Planning Commission, This plan really should include at least one additional crosswalk close to midway down the block, connected the proposed development to the linear park more naturally, as well as making all or some crossings to the linear park raised. An "Active Adult Community" will certainly benefit from proximity to the connectivity corridor of the linear park - whether it be the mobile residents using it for exercise, pleasure, or accessing future local amenities, or whether it be visitors from the surrounding neighborhoods (existing and future) coming in to visit either the active adult community or the assisted living community. A crossing mid-block on John Johnson Way is important, because otherwise the distance between crossings are 750 feet apart, which is much higher than most recommendations for the maximum distance between crossings. Also, the main entrance to the facility is mid-block so anyone entering/exiting through the front door would benefit from a mid-block crossing. It should be raised to allow ease of crossing especially considering the older residents, and it will provide the added benefit of slowing traffic adjacent to the park, making the corridor safer and quieter for park-goers generally. Thank you, Gabriel Groen [email protected] View and Analyze eComments
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ATTACHMENT 11
From: [email protected]
To: Hurtado, Vera; Ridolfi, Angela; E-Comments
Subject: New eComment for Planning Commission Meeting
Date: Tuesday, August 11, 2026 12:44:38 PM
City of Tustin, CA
New eComment for Planning Commission Meeting
Guest User submitted a new eComment.
Meeting: Planning Commission Meeting
Item: 2. DEVELOPMENT AGREEMENT (DA) 2025-0001, TENTATIVE PARCEL MAP (TPM) 2025-151/SUBDIVISION (SUB) 2025-0003, CONDITIONAL USE PERMIT (CUP) 2025-0012, DESIGN REVIEW (DR) 2025-0008, GENERAL PLAN CONFORMITY (GPC) 2026-0002, AND A DENSITY BONUS REQUEST FOR THE DEVELOPMENT OF 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS (INCLUDING 26 AFFORDABLE UNITS) AND AN APPROXIMATELY 143,000-SQUARE-FOOT ASSISTED LIVING AND MEMORY CARE FACILITY, WITHIN
NEIGHBORHOOD D SOUTH OF THE TUSTIN LEGACY SPECIFIC PLAN (TLSP) eComment: Hello, Please find below a dropbox link to a comment letter my Office is submitting regarding the development project proposed to be located at the Southeast Corner or Warner Avenue and Armstrong Avenue (APN 430-481-012) and known as “Clearwater at Tustin Legacy”, for the Planning Commission hearing scheduled today, August 11, 2026, agenda item #2. https://www.dropbox.com/scl/fi/9yhy98luf3f84v6f6yc8l/20260811_WSRCC_City-ofTustin_Clearwater-Living_PC_CL_Signed.pdf? rlkey=b1x5dyi559osg27w2l7awutmf&st=zoevk6fi&dl=0 We would greatly appreciate confirmation of receipt of the linked comment letter. We have also emailed the comment letter to the planner associated with this project at [email protected], for your ease of reference/access.
Thank you, Mitchell M. Tsai Law Firm
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August 10, 2026
VIA EMAIL
Amy Mason, Chairperson
Stephen “Rusty” Kozak, Chair Pro Tem
Eric Higuchi, Commissioner
Tanner Douthit, Commissioner
Meg Gullo, Commissioner
Planning Commission
City of Tustin
300 Centennial Way
Tustin, CA 92780
[email protected]
Alexa Smittle, Director
Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
[email protected]
Jorge Maldonado, Senior Planner
Planning Division
Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
[email protected]
Re: Comment on Addendum to the Tustin Legacy 2025 Supplemental Environmental Impact Report (SCH 1994071005) for the Clearwater at Tustin Legacy Project ; August 11, 2026 Planning Commission Hearing, Agenda Item 2
Dear Chairperson Mason, Chair Pro Tem Kozak, Honorable Commissioners, Ms. Smittle, and Mr. Maldonado:
This comment is submitted on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) regarding the Clearwater at Tustin Legacy Project (Development Agreement (DA) 2025-0001, Tentative Parcel Map (TPM) 2025-151/Subdivision (SUB) 2025-0003, Conditional Use Permit (CUP) 2025-0012, Design Review (DR) 2025-0008, General Plan Conformity (GPC) 2026-0002) (“Project”), to be heard as Agenda Item 2 at the Planning Commission’s August 11, 2026 meeting.
SAFER objects to the City’s reliance on an Addendum to the Tustin Legacy Specific Plan Supplemental Environmental Impact Report, certified in 2024 (“2024 SEIR”), for the Project. Under the California Environmental Quality Act (“CEQA”), an addendum is not appropriate because the Project is not within the scope of the prior SEIR and there is new information available since certification of the 2024 SEIR indicating new significant impacts and/or the availability of new mitigation measures. Therefore, SAFER requests that the August 10, 2026
Clearwater at Tustin Legacy Project