HomeMy WebLinkAboutPC RES 353710
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
..
RESOLUTION NO. 3537
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT
THE CITY COUNCIL APPROVE THE FOURTH AMENDMENT
TO THE EAST TUSTIN DEVELOPMENT AGREEMENT, AS
DEFINED BY SECTION 65865.2 OF THE CALIFORNIA
GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN
AND THE IRVINE COMPANY PERTAINING TO
DEVELOPMENT WITHIN THE EAST TUSTIN SPECIFIC
PLAN AREA.
The Planning Commission of the city o'f Tustin does hereby
resolve as follows:
I ·
The Planning' Commission finds and determines as
follows:
A·
Be
That on April 7, 1986, the East Tustin
Specific Plan was adopted by the City Council.
That as a required element of the East Tustin
Specific Plan, a Development Agreement was
adopted by the City on November 3, 1986, prior
to authorization of any development within the
project area.
Ce
That the proposed Fourth Amendment to the East
Tustin Development Agreement has been
submitted by The Irvine Company pursuant to
applicable provisions of state law and local
ordinances and with the concurrence of the
City of Tustin.
De
That Enviroment Impact Report 85-2, as
amended, for the East Tustin Specific Plan has
been recommended for certification with
Addendum No. 7 in conformance with the
'requirements of the California Environmental
Quality Act.
E®
That a public hearing'was duly noticed, called
and held on August 11, 1997 by the Planning
Commission and by the City Council on August
18, 1997.
Fe
The Fourth Amendment would be consistent with
the objectives, policies, general land uses
and programs specified in the General Plan,
particularly the Land Use Element, including
Policy 9.2, to provide supporting land uses
such as schools within East Tustin to serve
the residential community.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3537
Page 2
G·
The Fourth Amendment would be compatible with
the uses authorized by the East Tustin
Specific Plan, as amended by Zone Change 97-
001.
He
The Fourth Amendment would be in conformity
with public necessity, public convenience,
general welfare and good land use practices in
that school facilities would be located within
close proximity to residential development.
I ·
The Fourth Amendment would not be detrimental
to the health, safety and general welfare of
the community in that the amendment would not
increase the overall number of dwelling units
allowed within the East Tustin Specific Plan
area.
J·
The Fourth Amendment would not affect the
orderly development of the property in that
the land use patterns, as amended by Zone
Change 97-001 would provide for residential
and school development consistent with the
capacity of the supporting infrastructure and
street improvementS.
II. The Irvine Company shall pay. City's defense costs
(including attorney's fees) and'indemnify and hold
City harmless from and against any claims, losses,
liabilities, or damages assessed or awarded against
City by way of judgement, settlement or stipulation
(including awards for costs, attorney's fees, and
expert witness fees), arising from actions filed
against the city challenging the City's approval of
the Fourth Amendment to the East Tustin Development
Agreement.
III. The Planning Commission hereby recommends that the
City Council approve the Fourth Amendment to the
East Tustin Development Agreement as included in
Exhibit A attached hereto and subject to final
approval of the City Attorney.
PASSED AND ADOPTED by the Planning CommisD~on of the City
of Tustin at a regular meeting held on the 11th day of August, 1997. y of
H OW.ARD A. ~J2TZ~
Chairman/~
ELIZABETH A. BINSACK
Planning Commission Secretary
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 3537
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify
that I am the Planning Commission Secretary of the City
of Tustin, California; that Resolution No. 3537 was duly
passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the llth day of August,
1997.
·
Planning Commission Secretary
RECORDING REQUESTED BY
AND WHEN RECORDED,
MAIL TO:
Revised 7-24-97
City of Tustin
300 Centennial Way
Tustin, CA 92780
Att: Community Development
The undersigned declares that this document is recorded at the request of and for the benefit of the City of Tustin and is
therefore exempt from payment of the recording fee putsuaxtt to Govexnment Code Section 6103.
Space Above This Line for Recorder's Use
.-
FOURT/-I AMENDMENT TO THE
EAST TUSTIN DEVELOPMENT AGREEMENT
TH~ FOURTH AMENDMENT (the "FOURTH AMEND1V[ENT") to the East
Tustin Development Agreement (the "ETDA") is made effective ,1997 by and
between the Lrvine Company, a Michigan corporation ("Developer"), and the City of
Tustin, a California municipal corporation ("City"); with respect to the following:
RECITALS
Ae
This FOURTFI AZ'~NDMENT amends the ETDA entered into by and between
City and Developer effective December 3, 1986, and app.roved by City by
Ordinance No. 978. The ETDA concerns all of that real property (the "Property")
described irt Exhibit "A" to the ETDA and delineated on Exhibit "B" thereto,
which description and delineation are incorporated herein by this .reference. At
the .time of its enh-y into the ETDA, Developer was the fee owner of the
Property, and is the fee owner of the Property specifically involved in this
FOURTH AM-ENDMENT. The ETDA has been amended three times previously,
first orr March !6, 1992, (Ordinance No. 1082), ("First Amendment") (Recorder
Doc. 19960099333, 2-29-96), a second time on November 20, 1995, (Ordinance
1~o. 1148) ("Second Amendment") (Recorder Doc. 199601184432, 3-11-96) and a
third time on August 4, 1997 (Ordina.nce No. 1182) ("Third Amendment")
(Recorder Doc. ).
g.
The ETDA provides for the development of the Property in accordance with the
East Tustin Specific Plan adopted by the City on March 17, 1986, (the "Specific
Plan"). Developer desires to amend the Specific Plan to relocate a future
intermediate School site from Sector 2 to Sector 5 within the Estate Residential
District 'of the Specific Plan area.
,
EXHIBIT A
Co
De
On May 27, 1997' the Tustin Unified School District Board of Education adopted
by minute order indicating its desire to relocate the future intermediate school
site to Sector 5 within the Estate Residential District and construct an
intermediate school. The Developer and Tustin Unified School District entered
into a Memorandum Agreement on June 25, 1997 further indicating their desire
to construct an intermediate school site.
The City and Developer desire to amend the ETDA to' provide for the
development of the Property in accordance with the proposed amendments to
the Specific Plan as described in the attached.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual
promises and covenants herein, and for the purposes stat.ct above, City and Developer
hereby agree as follows:
o
Incorporation of Amendments to'Specific Plan. Exhibit "C" to the ETDA, as
amended which is the Specific Plan, is hereb); amended as set forth in the
attached Exhibit "C". Among other things, the amendment to the Specific Plan
accomplishes the following:
The intermediate school site is relocated from Sector 2 to Sector 5 within
the Estate Residential Land Use Designation as generally depicted in
E×hibit C-1.
2. Intermediate School Site.
A.
On May 27, 1997 the Tustin Unified School District Board of Education
adopted by minute order indicating its desire to relocate the future
intermediate school site to Sector 5 within the Estate Residential District
and construct an intermediate school (Exhibit D-l). The Developer and
Tustin Unified School District entered into a Memorandum Agreement on
June 25, 1997 further indicating their desire to construct an intermediate
school on Lot.ll5 of Tentative Tract 14396 (Exhibit D-2).
Be
In the event that the Tustin Unified School District does not construct an
intermediate school on Lot 115 of Tentative Tract 14396, the Developer
shall regrade the site cons/stent w/t_h the. intent of the City's Hillside
District Guidelines and Grading Manual as appropriate for Estate Density
residential development. Said regrading shall occur in accordance with
any subsequ.ently City approved development plans for the site (i.e.
Design Review, Hillside Review, Tentative Tract Map).
IN WITNESS WHEREOF, City and Developer has each executed tiffs FOURTH
AMENDMENT, EFFECTIVE AS OF THE DATE FIRST WRITTEN ABOVE.
·
·
THE IRVINE COMPANY
By. ,_. By
Mayor
By
APPROVED AS TO FORM:
City Clerk
City ANorney
3
zcq7-oOl
Land Use Plan
EAST TUSTIN SPECIFIC PLAN
r .
City of Tustin lil
EXHIBIT C-I
Minutes, Board of Edub2ation
'~~ May27, 1997
DiscussJon/g cfion Section
It was moved by Jane Bauer, seconded by Ann Albcrtson, and carried wid~ a 4-Yes,
1-No (Bullard) vote to adopt Scholastic_Literacy Place ~ basic texlbooks for grades
K-5 in Language Arts for the 1997 - 2002 school years.
.
It was moved by Tammie Bullard, seconded by Ann Albertson, and carried with a 4-
Yes, I-No (Bauer) vote to adopt reviscxt Policy 513 I, Activities: Drugs, Alcohol, with
corrections.
3. It was moved by Tammie Bullard, seconded by Ann Albertson, and carried
unanimously to receive for fixst reading revised Policy No. 5114 Student Conduct'
and School Disciplinary Rules & Regulations.
.
4. It was moved by T~mmi¢ Builard, seconded by Ann Albertson, and carffed
unmaimously to receive for first reading revised Policy No. 5114.AAStudent
D/sciplhae ROes.
· .
5. It was moved by Jane Bauer, seconded by Tammie Bullard, and carried tmaaimo~sly
to receive for first re3. ding revis~ Polics' No. 511;~.2mExpulsion of Students.
o
It was moved by Tamm~e Bullar3, seconded by' Fmnchae Scinto, and c2nSed
unanimously to receive for ftmt reading revised Policy No. 5114.3--r. Expuls/on of
Students with Exc.~ffon~ Needs Enrolled in a Spe?c. ial Education Program'.
,,,--,~7. It was moved, by Tammie Bullard, seconded by Ann Albertson, and ~ried
unanimously to accept the preferred middle school site in Tustin Ranch; and direct the
Assistant Superintendent, Business Services, to send a letter of acceptance to tke City
of Tustin and The Irvine Company.
It .was moved by Tarnm;e Bullard, seconded by Francine Sciato, and ca, ed
unanimously to accept the second elementary school site in Lower Peters Canyon;
a.ad direct the Assistant SutmSntendent, Business Services, to send a letter of
acceptmace to The Irvine Company.' ..
It was moved by Jane Bauer, .seconded by Tammie Bullard, and carried unanimously
to authorize District staff to prepare, specifications; award the bid; and submit the
contract for ratification for the integrated information system for Peters Canyon
Elementary School.
It was moved by Tarnmie Bullard, seconded by Ann Albert_son, and carded unanimously
to approve Personnel Consent Items, as follows:
ADOPTED MINUTES
Page 6 of 7
EXHIBIT D-I
~E~,tORAUDUM AGREEMENT_FORACOIJISIT1ON OF
~'vlID1DLE $CIIO(~L .Ki[TE _I~ TUJTLN RAd~C~
In 1994. the Tustin Uni.fic~ School District ("School Dis~rictD agreed to s-Uppo~ a relocaX~ ~niddle
school site in Tustin R,xnch, subject to certain conditions. This Memorandum Agreement is for thc purpose of
se~ng forth the conditions under which kvinc Conm-nmity Development Gomwary ("ICDC '), will grade and
other'w/se preF~e such site a~I thc School District will ara:cpi said alternate site, subj&t to the ac4uisifion o£the
site by thc School District.
1. ' Ail envir~l concea'ns regarding the property shall be approved, including an apFwval by
the City of Tust~ w/th ail rights to chzllenge such approval l~ving e×Fired.
2. The grading slmli be done in sr. cor~ with plvms and specific.~ons approved by the School
Di_v~ct's architect and in sccord~ce with the Division of Stat: Architect's office, p~t Zo Tide 24,
3. [CDC $b221 furnieh approved soils and geological reports meet(rig the stznd~ds of the Office of
State, Archi~_-ct.
4. Du.r/~ the ~ which grading shall include retrying fi.desired by School DL~trict, the
School Dis~-ict shall provide a full time
5. ICDC si~Ll c6nstru~ underground drainage points to the sSt~ in two locations; on~ at thc corner
of Tustin Rm~ch Road znd Pitmeer Way and the other offof~he eXtension of the P£crneer Road md-de-sac at a
lo~fion approve~ by the Sc.boo! District's ~,-'chiteet ~ ~g.e poims of c. ormectiou shall be sized to
acconu-oodate the drayage cmriing through the s~e, as v;'el] ~s ail dr4.~age fi.om dcvelopment on ~e site.. ICDC
sh2zll Fay the inca'emental design and come--on costs a~so~iatcd with the School District's ondtc dmhaage
s3,st, em to v..cc, ommodate sm-face dry, age from Lot AA of Tentative Tra~ 14396.
6. ICDC sh~ll ~ md mainta~ %' means ora future homeowner zssocizrion the perkneter
landscape on Lo~s A, AA, end KK of Tentative Tract 14396.
TUSTIN U~ SC~ ~O~L~, DISTR[CF
IRVI~q~ ~VELOP~M_ENT COb~A..NY
By: [~ ~ ·
Joseph D. ~avis
Tide: ~ufive ViceP~ident
By:_ ~~~ ~~' ....
~om~ Sa~i
Title: ~si~nt Se~et~ .
EXHIBIT D-2