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HomeMy WebLinkAbout01 GPA 2013-001, MCAS Tustin SPA 2013-001, DA 2013-002 and Land Exchange Agreement between the City and SOCCCDAGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 1 MEETING DATE: TO: FROM: MAY 13, 2013 JEFFREY C. PARKER, CITY MANAGER CITY MANAGER'S OFFICE AND COMMUNITY DEVELOMENT DEPARTMENT SUBJECT: GENERAL PLAN AMENDMENT (GPA) 2013 -001, MCAS TUSTIN SPECIFIC PLAN AMENDMENT (SPA) 2013 -001, DEVELOPMENT AGREEMENT (DA) 2013 -002, AND LAND EXCHANGE AGREEMENT BETWEEN THE CITY AND SOCCCD SUMMARY The project consists of an agreement between the South Orange County Community College District (SOCCCD or District) and the City of Tustin (City) called the Agreement for the Exchange of Real Property between the City of Tustin and South Orange County Community College District (Attachment E). The Exchange Agreement delineates the terms and processes associated with the exchange of the ultimate ownership of approximately 89 acres of land within Planning Area 1 of Tustin Legacy. The objectives of the project are to rationalize property boundaries to create larger, contiguous land areas for the City and SOCCCD, provide for a broader range of land uses in support of the objectives of the MCAS Tustin Specific Plan, and enhance circulation in the Project area by improving east -west connectivity between the existing Red Hill and Armstrong Avenues. To facilitate the exchange, several entitlements and implementation documents are necessary. These include a General Plan Amendment (GPA) to add the Bell Avenue extension to the City's circulation plan and correct preexisting inconsistencies with the MCAS Tustin Specific Plan; an amendment to the MCAS Tustin Specific Plan to modify the permitted land uses and land use intensities in parts of Neighborhood A and to construct an extension of Bell Avenue as a Secondary Arterial; and a Development Agreement and Amended Conveyance Agreement between SOCCCD and the City (DA) along with other associated implementation documents. On April 23, 2013, the Planning Commission adopted Resolution No. 4222 recommending that the City Council approve the Addendum to Final EIS /EIR for the project and Resolution No. 4223 recommending that the City Council approve GPA 2013 -001, SPA 2013 -001 and DA 2013 -002. RECOMMENDATION: That the City Council: 1. Adopt Resolution No. 13 -32, approving the Addendum to Final EIS /EIR for General Plan Amendment (GPA) 2013 -001, MCAS Tustin Specific Plan Amendment (SPA) 2013 -001, City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 2 Development Agreement (DA) 2013 -002, and Agreement for the Exchange of Real Property between the City of Tustin and South Orange County Community College District. 2. Adopt Resolution No. 13 -33, approving GPA 2013 -001 by adding a new local street (Bell Avenue) to service adjacent uses; 3. Adopt Ordinance 1432, approving SPA 2013 -001 by incorporating text allowing private for - profit non - educational uses within the education village (Neighborhood A) of the MCAS Tustin Specific Plan, increase allowable building square footages within Neighborhood A and adding a new local street (Bell Avenue); 4. Adopt Ordinance 1433, approving DA 2013 -002 to facilitate the development, conveyance, and land exchange within the boundaries of the MCAS Tustin Specific Plan; and, 5. Adopt Resolution No. 13 -34, approving the Agreement for the Exchange of Real Property between the City of Tustin and South Orange County Community College District for the exchange of certain property within approximately 89 acres of land within Planning Area 1 of MCAS Tustin Specific Plan. FISCAL IMPACT • The project is a partnership between the City and SOCCCD, costs associated with this project is shared between the two agencies. • The SOCCCD will not be required to pay the Tustin Legacy Fair Share Infrastructure Obligation for Category 1 uses (educational) but will be responsible for all Category 2 uses (non - educational) on a per- square foot basis as development occurs. The SOCCCD will also not oppose a determination by the City to form an assessment district for lighting and landscaping. APPROVAL AUTHORITY • General Plan Amendment: Government Code Sections 65353 through 65355 require: o The Planning Commission to hold at least one public hearing before approving a recommendation on the amendment to the General Plan. o The Planning Commission to make written recommendation on the amendment to the General Plan. A recommendation for approval shall be made by affirmative vote of not less than a majority of the total membership of the Commission. The Planning Commission shall send its recommendation to the legislative body (the City Council). o The legislative body (the City Council) to hold at least one public hearing prior to amending a General Plan. • Specific Plan Amendment: Government Code Section 65453 requires that a Specific Plan Amendment be prepared in the same manner as a general plan, except that a specific plan may be adopted by resolution or ordinance and may be amended as often as deemed necessary by the City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 3 legislative body. The MCAS Tustin Specific Plan was originally adopted by Ordinance No 1257 on February 3, 2003. • Development Agreement: The MCAS Tustin Specific Plan Section 4.2.9 requires a Development Agreement in conjunction with or prior to approval of any entitlements associated with private development. Pursuant to Tustin City Code Section 9607, the Planning Commission shall consider the Development Agreement and make a recommendation thereon to the City Council. The Planning Commission shall forward its recommendation to the City Council within thirty (30) days of the time specified for the public hearing. Pursuant to Tustin City Code Section 9613, after the City Council completes the public hearing and considers the recommendation of the Planning Commission, the City Council may accept, modify or disapprove the Development Agreement. Pursuant to Tustin City Code Section 9614, the Development Agreement shall be approved by the adoption of an ordinance. • Land Exchange Agreement Pursuant to Government Code Section 65402, no real property shall be acquired, disposed of, no public building shall be constructed or authorized, until such acquisition, disposition or construction or authorization of public building have been determined by the Planning Agency (Planning Commission) to be in conformity to the City's General Plan. Pursuant to Government Code section 37350, the City may acquire and dispose of real property that has not been declared surplus in the manner it chooses for the common benefit of the City. The acquisition and disposal of real property must further a purpose for which the City is formed. BACKGROUND AND DISCUSSION: The project consists of an Exchange Agreement between the South Orange County Community College District (SOCCCD) and the City of Tustin (City) called the Agreement for the Exchange of Real Property (Attachment E). The Exchange Agreement delineates the terms and processes associated with the exchange of the ultimate ownership of approximately 89 acres of and within Tustin Legacy. With the exception of the 10 -acre parcel currently designated to be conveyed to the County of Orange (County) as a Public Benefit Conveyance (PBC), all of the properties affected by the Exchange Agreement were previously conveyed or leased by the United States of America (through the Department of the Navy "Navy ") in May of 2002 when the City entered into an "Agreement between the United States of America Acting By and Through the Secretary of the Navy and the City of Tustin, California For Conveyance of a Portion of the Marine Corps Air Station, Tustin" (EDC Agreement or "EDC "). Certain properties were, and continue to be, leased from the Navy by a Lease in Furtherance of Conveyance (LIFOC) until such time the Navy finds the properties suitable for transfer following remediation activities. In April 2004 the City and SOCCCD subsequently entered into an agreement (the "Conveyance Agreement ") for conveyance of approximately 68.4 acres to SOCCCD for establishment of an Advanced Technology Educational Campus (ATEP); 37.7 acres were initially conveyed and 30.7 acres remain subleased pursuant to the LIFOC as shown in Figure 1. City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 4 SOCCCD Deed Property 37.66 • cres wY4f} •K+.e COJel ORMPE OILIAPS OT 00,...1,,..„ LJ C1I.T,0T Nary Lease in Furtherance of Conveyance Ea•ro CITY Cf NSA IS AGNES I'�OM I•C.21 101040 UIIMON CON NPI Oul,SG l Minim F yrtme iw•�t COW140;a uNraw lAvt auN+ Figure 1 (LIFOC) Property [Sublease Property from City of Tustin to SOCCCD) 30.71 Acres WM _TE OI.ROIIlN MIIMI /MAIN IMO ,11111 dlaaM/M1 The SOCCCD completed construction of the ATEP Phase I campus at the northeast corner of Red Hill Avenue and Valencia Avenue in 2007 consisting of 14,676 square feet of classroom space, associated administration offices, and a parking lot. The Phase I campus is currently in operation offering classes from the Irvine Valley College. In December 2010 the City and SOCCCD executed a Term Sheet to facilitate development at the ATEP campus and ultimately on adjoining City properties. The proposed Land Exchange project implements the 2010 Term Sheet. The objectives of the project are to rationalize property boundaries to create larger, contiguous land areas for the City and SOCCCD, provide for a broader range of land uses in support of the objectives of the MCAS Tustin Specific Plan, and enhance circulation in the Project area by improving east -west connectivity between the existing Red Hill and Armstrong Avenues. To facilitate the exchange, several entitlements and implementation documents are necessary. These include a General Plan Amendment (GPA) to add the Bell Avenue extension to the City's circulation plan and correct preexisting inconsistencies with the MCAS Tustin Specific Plan; an amendment to the MCAS Tustin Specific Plan to modify the permitted land uses and land use intensities in parts of Neighborhood A and to construct an extension of Bell Avenue as a City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 5 Secondary Arterial; and, a Development Agreement and Amended Conveyance Agreement between SOCCCD and the City (DA) and associated implementation documents. In addition to the recommended actions for the City Council, the following actions have also occurred to accomplish the project: • October 2011 - To support the exchange between the SOCCCD and the County the City Council approved Specific Plan Amendment 11 -003 to implement minor text changes to clarify existing regulations. SPA 11 -003 did not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. • November 2011 — The Navy and City executed the Third Modification to the EDC to support the SOCCCD and County exchange by the County withdrawing its PBC application • February 2012 — The SOCCCD and County executed an Exchange Agreement for the location of the future 10 -acre County Regional Law Enforcement Training Center /Animal Care Center. • August 2012 — The City, acting in its role as the Local Reuse Authority (LRA) for MCAS Tustin, and County executed an Agreement setting forth the County's obligations under the Reuse Plan and Specific Plan. Project Site Location and Composition The project site consists of 89 acres located within PA 1 within Neighborhood A (Figure 2). To the west of the Project site is Red Hill Avenue, north is a vacant site that is planned for a public community park, east is Armstrong Avenue, and south is a future extension of Warner Avenue and Rancho Santiago Community College District (RSCCD) Sheriff's Training Academy (Figure 2). rr • IFlo ■ is IRV N[ 1. Figure 2 City Council Report GPA 2013 -001, SPA 2013 -001. DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 6 Surrounding uses are mapped in Figure 3. Existing Planning Areas and their respective owners are mapped in Figure 4. Figure 3 Site Vicinity Land Uses Owners of the 89 acres include the City, SOCCCD, and the Navy. The SOCCCD's parcel will ultimately be built out as the Advanced Technology & Education Park (ATEP). Navy and ownership in the project area will decrease over time in favor of the other landowners and the County of Orange, as hazardous materials are removed and lands become available for development. During the clean -up process, Navy lands are controlled by the other two local owners under Lease in Furtherance of Conveyance (LIFOC) agreements. Table 1 provides a breakdown of land ownership in the project area. Table 1 Existing Project Site Planning Areas Planning Area Owner Fee Ownership LIFOC Acreage Acreage 1 -B Navy 10.0 1 -D Navy 2.4 1 -E SOCCCD /Navy 1.9 1 -G City of Tustin 15.0 1 -H SOCCCD /Navy 29.9 19.8 1 -1 SOCCCD /Navy 6.7 3.3 TOTALS 51.6 37.4 89.0 City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 7 PA 1 -A TUSTIN UNIFIED SCHOOL DISTRICT --_7 ▪ PA 3 j ' MISSION PA 2 CITY Navy/ PA 4 PA 5 SOCCCO NAVY - 4011011 PA H+_ • - E1 PA 1- 14 SOCCCD /Navy 1 `• 1 -G CITY • \ NAVY -� 1 -B . NAVY 50c«rIj_1 NAVY RSCCD NOT to SCALE Ave .421 Vol41, PA 6 PA 8 Figure 3: Existing Planning Areas and Current Owners Exchange Agreement between City and SOCCCD An Exchange Agreement between the City and SOCCCD is proposed to delineate the terms and processes associated with the exchange of the ultimate ownership of land currently within the respective parties' ownership in fee or in the form of a lease or sublease from the Navy or City. While the overall land exchange will result in no net acreage increases or decreases for any parties, aside from the City and SOCCCD equally contributing the necessary acreage for the Bell Avenue right -of -way, the Exchange Agreement provides for an exchange of certain properties covering 22 acres within Neighborhood A as follows and as shown in Figure 5. • SOCCCD will exchange the following parcels within the ATEP Site (collectively, the "SOCCCD Exchange Parcels "): o Warner Parcel (Area 1): A 6.8 acre parcel adjacent to future Warner Avenue and to the current Sheriff's Training Facility. Previously, the Warner Parcel was improved with a helicopter hangar and an office building; however, SOCCCD has demolished such improvements, so that the only remaining improvements are at or below grade. City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 8 o Valencia Parcels (Areas 7 and 9): Two (2) parcels comprising 3.98 acres in the aggregate located north of Valencia Avenue. Valencia Parcel No. 1 is currently improved with buildings comprising approximately 14,676 square feet which SOCCCD currently uses for classrooms, administrative offices and other educational uses. Valencia Parcel No. 2 is currently improved with a parking lot. • City will exchange the following parcels within the City Property (collectively, the "City Exchange Parcels "): o Child Care Parcel (Area 8): A 2.37 acre parcel adjacent to the County Parcel. The Child Care Parcel is currently improved with an approximately 14,936 square foot building that was previously used as a child care facility for MCAS Tustin, a parking lot, playground areas and ancillary structures. o Red Hill Parcels (Areas 2 and 6): Two (2) parcels comprising 9.0 acres in the aggregate located adjacent to Red Hill Avenue. The Red Hill Parcels have been improved with certain former military buildings and related improvements that are scheduled to be demolished. • Areas 7 and 8 are currently part of the City property currently leased from the Navy; therefore, an amendment to the Sublease between the City and SOCCCD will be required to delete Area 7 and add Area 9. • City and SOCCCD also desire to extend Bell Avenue from its current eastern terminus at Red Hill Avenue across the ATEP Site to Armstrong Avenue; therefore, three parcels (areas 3, 4, and 5) will be dedicated for roadway purposes. • The SOCCCD and County will exchange 10 acres (Area 15 for Areas 12A & 12B) upon conveyance of the property from the Navy. • The Exchange Agreement includes all of the necessary instruments and title documents to effectuate the exchanges, including the legal descriptions, quit claim deeds, bill of sale, offers of dedication, and amendment to the sublease. Approximately 43 acres included in the Exchange Agreement are currently owned by the Navy. Such lands are expected to be transferred to the City and SOCCCD once a Finding of Suitability to Transfer (FOST) is issued by the Navy. Once issued, the FOST will document that the Navy has determined the parcels environmentally suitable for transfer and that either all remediation necessary to protect human health and the environment has been completed or is in place and operating properly and successfully such that development can safely occur. City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 9 'Area 2 6.0 At. qlD AVENUE 1 in. PROPOSED SOCCCD ATEP 0.57 Ac TUSTN Ac SOCCCD ATEP 8 04 Ac PROPOSED CRY OF PROPOSED ... - 298 Ac 29E1 Ac BELL AVE. R/W 976 Ac POSED SOCCCD ATEP 5136 Ac PRofoSEG I Area ]U _.. SOCCCO ATV Ac Area 4 Area 12A 6.8 Ac COUNTY PARCEL Area 128 3.2 Ac 0 L AVENUE IU Ac Areas 1.1 Ac Advanced Technology & Education Park SOUTHOR.1\lil (111.\ I V' V I I V ' ( 0 1 . 1 IGI IIIS1 RI(] - 11'S IIN Land Exchange Map ARIA OF Loa. In Furt or.nn. nfI C.n..y.nw. (LIFOHwy . L.w, N. uWOA1 , .r n. Figure 5: Exchange Parcels Concurrently with the execution of the Exchange Agreement, City and SOCCCD will also enter into the following agreements: 1. Development Agreement (Exhibit H of the Exchange Agreement): An amendment and restatement of the City's 2004 Conveyance Agreement and constituting a Development Agreement pursuant to California Government Code Sections 65864, et seq. The Development Agreement is described if further detail below. 2. McCain Agreement (Exhibit 1 of the Exchange Agreement): A construction and reimbursement agreement concerning the improvement of McCain -Smith Road will be necessary. McCain Smith was originally envisioned by the 2004 Conveyance Agreement and will still need to be constructed as a publically accessible local street that will serve the City's future community park site and SOCCCD's Valencia parcel (Area 10). McCain Smith will not result in the creation of additional ADTs as it is needed for site access only. The road will be located in Areas 13 and 14 and will be constructed by either the City or SOCCCD depending on which develops the adjacent site first. The cost for design and construction will be borne equally by both parties. City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 10 Bell Avenue Agreement (Exhibit J of the Exchange Agreement): A construction and reimbursement agreement concerning the improvement of Bell Avenue will be necessary. Bell Avenue will be located across Areas 3, 4, and 5 with the costs for demolition of any former military buildings and related structures or other improvements, design and construction to be borne equally by both parties. On October 11, 2012 the City received $1,500,000 for its share of the necessary funds as allocated by the Santa Ana /Tustin Transportation System Improvement Authority (TSIA) from its remaining funds that are collected at Tustin Legacy for various transportation system improvements within the Tustin Legacy area. The construction of Bell Avenue is described in further detail below. General Plan Amendment An amendment to the Tustin General Plan is proposed to note the floor area ratio (FAR) permitted for uses by the SPA and to add Bell Avenue to the City's Circulation Element as a Secondary Arterial with a Class II bicycle lane between Red Hill and Armstrong Avenues (Figure C -2, Figure C -5, and Table C -5 of - Attachment B). No General Plan land use designation changes are proposed. Specific Plan Amendment The Specific Plan Amendment (SPA) is limited to Neighborhood A, Planning Area 1 of the MCAS Tustin Specific Plan. The SPA modifies sub - planning area boundaries within PA 1, and adds three new sub - planning areas (1 -J, 1 -K, and 1 -L). Figure 5 shows Neighborhood A with the new sub - planning areas. Also proposed are amendments to Figure 3 -1, Figure 3 -3, Table 3- 1, Table 3 -2, Section 3.3, Table 3 -6, Section 4.2.2, Table 4 -3, and Table 4 -4 of the MCAS Tustin Specific Plan (Attachment C). These amendments are needed to accommodate the land exchange, allow private for - profit uses, increase allowable building square footages, add Bell Avenue, and other implementation measures. Discussion of each topical area is provided below. Figure 5: Proposed Planning Area Boundaries City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 11 Bell Avenue Similar to the GPA, the SPA would add to the circulation plan an extension of Bell Avenue as a Secondary Arterial with a Class II bike lane between Red Hill Avenue and Armstrong Avenue. The Project Traffic Study (Appendix A to the FEIS /EIR Addendum /Initial Study) determined that with the extension of Bell Avenue, increased roadway capacity is available in the circulation system. The Bell Avenue extension would reduce traffic congestion at the Red Hill Avenue/Warner Avenue intersection and the Red Hill AvenueNalencia Avenue intersection, and provides an alternative route for motorists accessing Tustin Legacy. These factors permit the increase of the current vehicle trip cap for the MCAS Tustin Specific Plan. The trip cap for Neighborhood A is the maximum number of trips that new development can create without requiring additional environmental review for traffic. The Traffic Study determined that, based on the size and configuration of the Bell Avenue extension, average daily trip (ADT) volumes (the measure used in establishing the MCAS Tustin Specific Plan trip cap) may be increased by 10,000 ADT without triggering significant adverse effects on the roadway system. This additional roadway capacity is proposed to be split evenly between properties owned by the City and SOCCCD (that is, each entity would be permitted an additional 5,000 ADT). Amended List of Allowed Land Uses in Neighborhood A Referencing the proposed planning areas shown in Figure 5, permitted land uses would be amended on PA 1 -D, 1 -E, 1 -G, 1 -H, I -K, and I -L to include various types of complimentary commercial, office and light industrial uses, joint uses, and other collaborative arrangements to further SOCCCD's education objectives. The proposed changes to the list of allowed uses would remove ambiguity related to commercial and light industrial uses on the ATEP site. Such uses would be permitted in these planning areas only if the Exchange Agreement is executed. Additionally, such uses would be permitted in PA 1 -B, but only in the event an exchange of and occurs between the City and SOCCCD and if an agreement is reached between the County and SOCCCD for County's future ownership of PA 1 -1 Such uses would also be permitted in PA 1 -1 in the event an exchange of land does not occur between the County of Orange and SOCCCD and an agreement is not reached between the County and SOCCCD for County's future ownership of PA 1 -I. The proposed amended list of allowed uses is as follows: • Land Use Category 1: Uses in Land Use Category 1 consist of uses that are education - oriented, including all facilities normally found on college campuses, such as classrooms; labs; administration facilities; student support; cafeteria and food services; bookstore; photocopy services; dormitory and student housing; workforce center; maintenance /security /storage facilities and structures; security and guard houses, gates and other security facilities and structures; student health services; other uses which include facilities for traditional and non - traditional advanced education (extension and /or advanced degree opportunities), adult education, continuing education, vocational, job and educational training, and other education and training. City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 12 The educational activities in buildings categorized as Land Use Category 1 may be undertaken by public, non - profit or for - profit educational institutions; provided, however, a substantial portion of the educational activities in Land Use Category 1 Building Area will be conducted by public or non - profit educational institutions. Building Area devoted to uses in Land Use Category 1 which are not strictly educational (Service Uses), e.g., food services, may be conducted by for - profit entities under contract with educational institutions without affecting the character of such Building Area as Land Use Category 1. Also within Land Use Category 1 are other uses (Supportive Uses) that are accessory and subordinate with the educational uses above. Supportive uses support the educational purpose of the education - oriented uses described above, provided they do not exceed more than ten percent (10 %) of the total Building Area developed under Land Use Category 1 including but not limited to the following: minor support commercial, office and retail service uses; a post office, medical /dental clinics; laboratories and office facilities used for basic and applied research, testing and consulting; industrial /commercial business incubators which support educational programs or provide educational opportunities, or commercial studios (i.e. sound stages and their support facilities, such as mill shops, technical production facilities, and production offices). • Land Use Category 2: Uses in Land Use Category 2 consist of non - educational, income producing uses, including private sector uses, provided that such uses do not adversely impact the trip cap or other environmental impact category thresholds. Change in Allowed Square Footage on ATEP Site Up to 100 percent of the Building Area on the SOCCCD Property may be dedicated to Land Use Category 1 uses. However, at build -out, at least 51 percent of the building area on the SOCCCD property must be devoted to Land Use Category 1 Uses. The building area will not exceed that permitted pursuant to allocation of ADT's to the SOCCCD property. As specific development proposals are considered for the Project site, ADT calculations will be required, using the trip generation rates previously identified in the FEIS /EIR, to show that the trip cap is not exceeded. While a specific development proposal is not included in this analysis, two preliminary calculations have been produced to provide examples of typical development amounts that could result from development in two scenarios, described below and summarized in Table 3. The first scenario assumes the ATEP site would be developed with approximately 51 percent academic uses (Land Use Category 1) and 49 percent general office uses (Land Use Category 2). Using the FEIS /EIR trip generation rates, a total of 1,087,970 square feet of development (including 554,870 square feet of academic space and 533,100 square feet of office space) would be permitted on the ATEP campus. This is an increase in development capacity of 194,119 square feet from the 893,851 square feet previously permitted on the ATEP site. The second scenario assumes the ATEP site would be developed with 100 percent academic uses (Land Use Category 1). Again using the MCAS Tustin Specific Plan trip generation rates, a total of 1,710,780 square feet (all academic space) would be permitted on the ATEP campus. City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 13 This is an increase in development capacity of 816,929 square feet from the 893,851 square feet previously permitted on the ATEP site. Table 3. Potential Development Scenarios within Trip Cap FEIS /EIR Development Scenario (sq. ft .) Scenario 1 (sq. ft.) Increase in Potential nevelnnment (cn ft Academic (Land Use 893,851 554,870 Category 1) General Office (Land 533,100 Use Category 2) Total 893, 851 1, 087,970 Scenario 2 (sq. ft.) Academic (Land Use 893,851 1,710,780 Category 1) Total 893,851 1,710,780 194,119 816,929 816,929 No specific development proposal for the project area is currently being considered by the City or SOCCCD. When there are specific development proposals, SOCCCD will analyze the proposed project and determine whether additional CEQA analysis will be needed at that time. Revised pages to the MCAS Tustin Specific Plan are attached as Attachment C. All other uses permitted by the Specific Plan would continue to be subject to trip caps established by the Specific Plan, as amended by the analysis provided in relation to additional development capacity resulting from the Bell Avenue extension. Prior to commencing the use of the SOCCCD property or construction or installation of any improvement on the SOCCCD, SOCCCD is required to comply with the Land Use and Access Plan ( "LUAP ") incorporated in the Development Agreement and development processing requirements contained in the Specific Plan which include Site Plan Review. The LUAP contains the information required in the Concept Plan under the Specific Plan and shows the general features of the development planned for SOCCCD property and includes access points and land uses. Development Agreement The project includes a Development Agreement clarifying ministerial project review requirements to avoid duplicative reviews between the City and the Division of the State Architect and simplifying development review procedures. The proposed Development Agreement will ensure the implementation of the MCAS Tustin Specific Plan, eliminate uncertainty in planning, provide for the orderly development of the SOCCCD Property, eliminate uncertainty about the validity of the application of the rules and regulations in the MCAS Tustin Specific Plan to the SOCCCD Property and SOCCCD, allow installation of necessary or desirable improvements, provide for public services appropriate to the development and use of the SOCCCD Property, and secure orderly fiscal benefits for public infrastructure and generally serve the public interest within City and the surrounding region. In general, the Development Agreement includes the following: • Duration of the Agreement • The permitted uses of the project site • The density and intensity of use of the project site City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 14 • Provision for reservation and /or dedication of land for public purposes • Provision of access plan and land uses contained in the Land Use Access Plan • Phasing, etc. The Development Agreement is included within an Amended and Restated Conveyance Agreement and includes related implementation documents that replace the 2004 Conveyance Agreement between the City and SOCCCD (Attachment D). The original intent of SOCCCD developing the ATEP campus and most of the same provisions are maintained in the Amended and Restated Conveyance Agreement, including maintaining or "passing through" to the SOCCCD the provisions existing under the original Federal Deeds and LIFOC with certain modifications to accommodate the proposed project. Environmental Review 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 April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS /EIR. 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. The FEIS /EIR along with its Addendum and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS /EIR, Addendum and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An Environmental Checklist (Initial Study) has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS /EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS /EIR. However, because some changes and additions were required to the FEIS /EIR, the City has prepared an Addendum to the FEIS /EIR (Exhibit 1 to Attachment A). The Planning Commission would need to consider the Addendum along with the FEIS /EIR prior to making a recommendation to the City Council. PUBLIC INPUT The City received a letter from the City of Irvine (Attachment F) generally inquiring if the proposed intensification of uses would result in a net increase of intensity in AM, PM, and ADT trips above and beyond the 2010 approval of the Specific Plan Amendment; the methodology used in the project traffic analysis; and the resulting Intersection Capacity Utilization and Level of Service for the project. The City forwarded a response letter to the City of Irvine on May 7, 2013 (Attachment F). In summary, the SOCCCD project includes the extension of Bell Avenue between Red Hill Avenue and Armstrong Avenue thereby creating additional roadway capacity and, coupled with the lower number of background vehicle trips pursuant to the City of Irvine's approved IBC Vision Plan and updated traffic model, permits the increase in the MCAS Tustin Specific Plan trip cap by 10,000 ADT without resulting in a traffic intensification that would lead to increased environmental impacts beyond those already identified in the approved MCAS Tustin FEIS /EIR. City Council Report GPA 2013 -001, SPA 2013 -001, DA 2013 -002, Land Exchange Agreement May 13, 2013 Page 15 CONCLUSION The proposed GPA 2013 -001, SPA 2013 -001, DA 2013 -002, and the Agreement for the Exchange of Land would not have any significant impact to the overall development potential currently allowed by the General Plan or the MCAS Tustin Specific Plan and is considered not a substantial amendment. Accordingly, staff recommends that the City Council to approve GPA 2013 -001, SPA 2013 -001, DA 2013 -002, and Land Exchange Agreement. Ma Wes Redevelopment Project Manager I1411 Elizabeth A. Binsack Director of Community Development Attachments: bolt Just a Willkom Assistant Director - Planning A. Resolution No. 13 -32 • Exhibit 1: MCAS Tustin Specific Plan EIS /EIR Addendum /Initial Study • Exhibit 2: MCAS Tustin FEIS /EIR web link B. Resolution No. 13 -33 • Exhibit 1: General Plan Revised Pages C. Ordinance 1432 • Exhibit 1: MCAS Tustin Specific Plan Revised Pages D. Ordinance 1433 • Exhibit 1: Development Agreement and Amended and Restated Agreement between the City of Tustin and the South Orange County Community College District for Conveyance of a portion of MCAS Tustin and the Establishment of an Advanced Technology Educational Campus E. Resolution No. 13 -34 • Exhibit 1: Agreement for the Exchange of Real Property between the City of Tustin and South Orange County Community College District F. Letter from the City of Irvine dated April 24, 2013 and Response letter dated May 7, 2013