HomeMy WebLinkAboutPC RES 3341RESOLUTION NO. 3341
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF THE SECOND 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 of'Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as follows:
A®
B·
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.
C·
That the' proposed Second 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 Addendum #5 to EIR 85-2 has been prepared in
conjunction with the proposed project in
conformance with the requirements of the California
Environmental Quality Act.
E·
That a public hearing was duly noticed, called and.
held by the Planning Commission on March 13, 1995
and continued to March 27, 1995.
F·
The Second Amendment would be consistent with the
objectives, policies, general land uses and
programs specified in the General Plan, as
amendment by General Plan Amendment 94-001,
particularly the Land Use Element which encourages
well balanced land uses and while maintaining a
healthy diversified economy.
Ge
The Second Amendment would be compatible with the
uses authorized by the East Tustin Specific Plan,
as amended by Zone Change 94-004.
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Resolution No. 3341
Page 2
Ho
The Second Amendment would be in conformity with
public necessity, public convenience, general
welfare and good land use practices in that the
Second Amendment would provide for dedication and
improvement of additional land devoted for park
purposes, while still providing for the overall
residential and commercial development anticipated
by the East Tustin Specific Plan.
I ·
The Second 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 allowed dwelling units within
the East Tustin Specific Plan area.
J. .The Second Amendment would not affect the orderly
development of the property in that the land use
patterns, as amendment by General Plan Amendment
94-001 and Zone Change 94-004 would provide for
potential commercial and residential development
consistent with the capacity of the supporting
infrastructure and street improvements.
The Second Amendment would have a positive fiscal
impact on the City which is required to be
monitored through the East Tustin Fiscal Monitor as
the elimination of the hotel from the phasing
schedule as a revenue generator would be replaced
by an equivalent amount of retail space in the
phasing schedule.
II. The Planning Commission hereby recommends to the City
Council approval of the Second Amendment to the East
Tustin Development Agreement as included in Exhibit A
attached hereto and subject to final approval of the City
Attorney, with the following modifications:
l·
A new Paragraph 8 shall be added to the Second
Amendment to the East Tustin Development Agreement
to read as follows:
8. Lot ! of Tentative Tract 15055 Medium
~iqh Density Site~ Buildinq Height Limitation.
The building, height of any future development
provided on Lot 1 of Tentative Tract 15055
shall be limited to provide a' two-story
appearance for those' buildings located
adjacent to Tustin Ranch Road and 50% of those
buildings located adjacent to Irvine
Boulevard.
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Resolution No. 3341
Page 3
·
A new Paragraph 9 shall be added to the Second
Amendment to the East Tustin Development Agreement
to read as follows':.~
9. Lot ~ of Tentative Tract ~5055 Medium
High Density $ite, perimeter LandscaDinq., The
perimeter landscaping along Tustin Ranch Road
and Irvine. Boulevard of any future development
provided on Lot i of Tentative Tract 15055
shall be at minimum provided in accordance
with the following:
Trees:
One tree for each (ten) · 10 linear
feet of street frontage along Tustin
Ranch Road and Irvine Boulevard
shall be provided. Said trees shall
be provided in the following ratios:
45% 24"-Box trees
40% 36"-Box trees
15% 48"-Box trees
Shrubs:
Twelve (12) 5-Gallon shrub for each
25 linear feet of street frontage
along Tustin Ranch Road and Irvine
Boulevard shall be provided.
In addition to the Eucalyptus and Canary
Island Pine trees identified on the Landscape
Concept Plan, an additional tree with a broad
canopy shall be included in the perimeter tree
planting palette along Tustin Ranch Road and
Irvine Boulevard to provide effective
landscape screening, subject to final approval
of the Community Development and Public Works
Departments.
Ail other landscaping on the subject site
shall comply with the City's Landscape and
Irrigation Guidelines.
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Resolution No. 3341
Page 4
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 27th day of March, 1995.
Recording Secretary
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I
am the Recording Secretary of the Planning Commission of
the City of Tustin, California; that Resolution No. 3341
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 27th day of
March, 1995.
Recording Secretary
SECOND AMENDMENT TO THE
EAST TUSTIN DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT (the "SECOND AMENDMENT") to the East Tustin
Development Agreement (the "ETDA") is made effective ,1995,
by and between the Irvine Company, a Michigan corporation ("Developer"), and the City
of Tustin, a California municipal corporation ("City"), with respect to the following:
RECITALS
A,
This SECOND AMENDMENT amends the ETDA entered into by and between City
and Developer effective December 3, 1986, and approved by City by Ordinance No.
978. The ETDA concerns all of that real property (the "Property") described in
Exhibit 'W' to the ETDA and delineated on Exhibit "B" thereto, which description and
delineation' are incorporated herein by this reference. At the time of its entry into the
ETDA, Developer was the fee owner of the Property, and is the fee owner of the
areas of the Property specifically involved in this SECOND AMENDMENT. The
ETDA has been amended once previously, effective March 16, 1992, and approved
by City by Ordinance No. 1082 ("First Amendment"). The term "ETDA" is used
herein to refer to the ETDA as amended by the First Amendment.
B,
The ETDA provides for the development of the Property in accordance with the East
Tustin Specific Plan adopted by City on March 17, 1986 (the "Specific Plan").
C.
The Specific Plan and ETDA provided for the reservation of school and park sites
anticipated to be needed to serve the future residents and occupants of the
Property. As the Property has been developed, however, certain sites reserved for
school or park purposes are no longer needed for those purposes, and should be
redesignated for residential development subject to the dedication and development
of new neighborhood park, and parking for a future neighborhood park. City and
Developer have also considered the feasibility of development of hotel uses on the
Property, and have determined that hotel construction is unlikely within the next ten
years, and the ETDA should be amended accordingly. '
D.
Amendments tO the Specific Plan, approved by the City Council on ,
1995, provide for changes in the Land Use Designations of the East Tustin Land
Use Plan relating to the release of certain school and park sites.
E.
In light of the foregoing, City and Developer desire to further amend the ETDA to
accomplish the foregoing purposes and to provide for the development of the
Property in accordance with the Specific Plan, as amended.
EXHIBIT A
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual
covenants hereafter contained, and for the purposes stated above, City and Developer
hereby agree as follows:
1. Inco.,rporation of Amendments to Specific Plan. Exhibit "C" to the ETDA, as
amended, which is the Specific Plan, is here.by amended as set forth in the attached Exhibit
"C". Among other minor changes, the amendments to the Specific Plan accomplish the
following:
A.
The Land Use Designation of the East Tustin I'and Use Plan for Parcel 2 of
Parcel Map 88-315 is changed from HS (High School) to ML (Medium Low
Density), MH (Medium High Density) and NP (Neighborhood Park) to
accommodate a maximum of 163 single family detached units, a maximum
of 350 family oriented apartments, and a minimum 5 acre neighborhood park
respectively. Parcel 2 of Parcel Map 88-315 is also referred to herein as
Tentative Tract Map 15055.
a.
The Land Use Designation of the East Tustin Land Use Plan for Lot 27 of
Tract Map 13627 is changed from GC (General Commercial) to MH (Medium
High Density) and GC (General Commercial) to accommodate a maximum
of 399 apartments and approximately 12 acres of retail commercial property,
respectively.
2. Lot 1 of Tentative Tract 15055 Medium Hiqh Density Site Access and
Landscaping Setback. As set forth in Exhibit "C-1", vehicular access to the Lot 1 of
Tentative Tract 15055 Medium High Density Site from Irvine Boulevard shall be at its
signalized intersection with Robinson Road. Vehicular Access from Tustin Ranch Road
shall be from the intersection of Palermo and Tustin Ranch Road. An expanded fifty (50)
foot setback along Tustin Ranch Road from the edge of the curb to the residential
improvements shall be provided, consisting of nine (9) feet of landscaped right-of-way and
an additional forty-one (41) feet of landscaped area as illustrated on Exhibit "G," all fifty (50)
feet of which is to be annexed for maintenance purposes to the Tustin Ranch Landscape
and Lighting Distdct (the "Lighting District"). the Lighting District shall be responsible for
maintenance of the landscaping in all landscape setback areas around the Lot 1 of
Tentative Tract 15055 Medium High Density Site and in dedicated right-of-way.
3. New Park Improvement. Developer shall design and construct and dedicate
to City, prior to issuance of a Certificate of Occupancy for the first residential unit developed
on either Lots 1 or 3 of Tentative Tract Map 15055, a minimum 5 acre neighborhood park
to be located on Lot 2 of said Tract Map. (hereinafter the "New Park"). The New Park shall
generally be designed and constructed as depicted in Exhibit H-1 and improved, as
itemized in Exhibit H-2. The design of New Park shall be subject to the City's Design
Review process as provided for in the Specific Plan, as amended. City agrees that the
1100-00013
s78~ 2
Design Review of New Park shall be expedited to the greatest extent possible so that there
will be no delay in Developer obtaining Cedificates of Occupancy for residential units on
proposed Lots 1 or 3 of Tract Map 15055. The Developer shall receive land credit in the
East Tustin Parkland Dedication Summary maintained by the City's Community Services
Department for the amount of land area dedicated to the City for the New Park. The
Developer shall receive an additional land credit in the Parkland Dedication Summary
based upon the value of the improvements provided in the New Park by the Develope.r.
The value of the improvements shall be based upon actual construction costs, as verified
by the City, and Developer agrees to provide true and correct supporting documentation.
The amount of land credit that will be given for the improvements shall be calculated by
dividing the actual construction costs by the value of one (1) buildable acre of residential
land with typical urban infrastructure services to accommodate development at the
densities shown on Tentative Tract Map 15055, as determined by an appraiser selected
by the City, with the appraisal costs borne by the Developer (i.e.: If the value of
improvements equals $500,000 and the value of one acre of land is appraised at $800,000,
the land credit would equal $500,000 divided by $800,000 or .6250 acres).
.
4. Release of Reserved Park Site. In order to satisfy Condition 5.1.B of
Planning Commission Resolution No. 2603 approving Tentative Tract Map 13627, City has
determined in the Specific Plan, as amended, to release Lot 17 of Tract 13627 for
residential development provided that the Developer dedicates to the City an approximate
· 18 acre portion of Lot 17 of Tract 13627, as generally depicted in Exhibit I, to provide
parking for the future neighborhood park site located on Lot 16 of Tract 13627. Said
dedication shall occur as part of any future subdivision or development of Lot 17 of Tract
13627.
5. Adiustment in Apartment Development. The second sentence of paragraph
2.1 ("Permitted Uses") of the ETDA is amended to read as follows:
As a standard governing the exercise of the City's discretion to issue conditional use
permits for the construction of apartment projects under the Specific Plan, the City
agrees that the Developer will be allowed to construct apartment projects in the
medium high and medium density areas of the Property totalling 28.4% of the total
allowable number of dwelling units in the Specific Plan and Tract No. 12345.
The purpose of this i~mendment is to permit the development of apartment units on Lot 1
of.Tentative Tract 15055 Medium High Density Site as shown in Exhibit "C-1," in
conjunction with the proposed apartments on Lot 27 of Tract Map 13627. It is understood,
however, that notwithstanding anything in this SECOND AMENDMENT to the contrary,
Developer is not required to develop either site with apartments, and that Developer may
elect in its discretion to develop either or both of those sites with other residential uses
(such as condominiums or townhomes) consistent with the Specific Plan, as amended.
6. Hotels. Paragraph 1.4.1, added by the First Amendment is hereby deleted
in its entirety, and the following is substituted therefor: -
1100-00013
~783_~ 3
1.4.1 Hotel.?,. Developer agrees that, for a period of ten (10) years following the
effective date of this SECOND AMENDMENT, it shall not construct a hotel on its
property located between Porl. ola Parkway on the north, the Atchison, Topeka and
Santa Fe railroad right-of-way to the south, My'ford Road to the west, and Culver
Drive to the east.
7. East Tustin Phasinq Plan. The East Tustin Phasing Plan identified in Section
1.9 of the ETDA, and amended by the First Amendment, shall be amended to 'read as
follows:
EAST TUSTIN PHASING PLAN
CUM. CUM. AUTO
DWELLING DWELLING SQ. FT. SQ. FT. CENTER
UNITS UNITS RETAIL RETAIL DEALERS*
955
74O
1,095
1,3O3
1,273
1,192
1,212
339
336
187
188
180
955
1 695
2,790
4,093
5,366
6,558
7,770
8,108
8,445
8,632
8,820
9,000
0
0
0
400,000
663,000
0
0
80,000
0-
220,000
0
258,500
0
0
0
400,000
1 063,000
1 063,000
1 063,000
'1 143,000
1 143,000
1 363,000
1 363,000
1,621,500
3
4
2
1
0
0
0
0
0
0
0
0
9,.000 9,000 1,621,500 1,621,500 10
IN WITNESS WHEREOF, City and Developer have each executed this SECOND
AMENDMENT effective as of the date first written above.
CITY OF TUSTIN
THE IRVINE COMPANY
By By
Mayor
By
(Signatures Continued on Page 5)
1100-00013
9783_1
A'i-rEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
1100-00013
9783_1
EXHIBIT C
"PLACE HOLDER~
ORDINANCE KESOL~ON AMENDING E.T.S.P.
i
F.S'T,,~'WCL~ WAY ,,_.
.
Oo .
EXHI B IT H-1
For illusg'ative purposes only
EX.H[BIT H-2
TUSTIN RANCH
NEIGHBORHOOD PARK IM'PR0%~h~N~S
ESTIMATED COST
Parking Lot $ 45,000
Rest:rooms 145,000
Shade Structure
Basketball Courts
Tot Lot
Walls/Fencing
4 5,000
65,000
65,000
· ·
25.000
Sand volleyball 25,000
!
Lighting 75,000
Concrete Walks
Grading and Draimge
Automatic Irrigation
Planting
90-Day Maintenance
General Contractor Overhead/profit (20 %)
General Contractor Overhead/Profit (20%)
65,000
100,000
75,000
137,000
12,000
175,000
$1,054,800
EXHIBIT !
,L
TR 13627
~.0o0
ACRES
RESErVe= D ~ ffRl~ 01~1
P'UTUEE D~-T::)ICATIOAJ TO
CITY' OF' TUSTIN IcC)IR,
TR 13627
17
2.'300
4'50 ~'~'
8'7'48'
FOR ILLUSTRATIVE PURPOSES ONLY
14-
3'.5e,5
AC I~F--.$