HomeMy WebLinkAbout07 ORD NO. 1185 09-02-97DATE:
SEPTEMBER 2,1997
NO. 7
9-2-97
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1185, FOURTH AMENDMENT
DEVELOPMENT AGREEMENT
TO EAST TUSTIN
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1185 (roll call
vote).
BACKGROUND:
The following Ordinance No. 1185 had first reading and introduction at the August
18, 1997 City Council meeting:
ORDINANCE NO. 1185 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING 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
IRVlNE COMPANY PERTAINING TO DEVELOPMENT WITHIN THE EAST TUSTIN
SPECIFIC PLAN AREA
Valerie Crabill
Chief Deputy City Clerk
1 :ORDMEMO
1 ORDINANCE NO. 1185
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING 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 City Council.of the City of Tustin does hereby ordain
as follows:
I .
The City Council finds and determines as follows:
a.
That on April 7, 1986, the East Tustin
Specific Plan was adopted by the City Council.
B .
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 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.
m .
That EnvironmentaI 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.
F .
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
Ordinance No. 1185
Page 2
The Fourth Amendment would be compatible with
the uses authorized by the East Tustin
Specific Plan, as amended by Zone Change 97-
001.
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 City Council hereby approves 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 City Council of the City of
Tustin at a regular meeting held on the 18th day of
August, 1997.
JEFFERY M. THOMAS
MaYor
Pamela Stoker
City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED,
MAIL TO:
City of Tustin
300 Centennial Way
Tustin, CA'92780
Att:. Community Development
The uncl. ersigned declares that this document is recorded at the request of and for the benefit of the City of Tustin and is
.therefore exempt trom payment of the recording fee pursuant to Government Code Section 6103.
Space Above This Line for Recorder's Use
FOURTH AMENDMENT TO THE
EAST TUSTIN DEVELOPMENT AGREEMENT
Bo
THIS FOURTH AMENDMENT (the "FOURTH AMENDMENT'') to the East
Tustin Development Agreement (the "ETDA") is made effective , 1997 by and
between the Ir'vine Company, a Michigan corporation ("Developer"), and the City of
Tustin, a California municipal corporation ("City"), with respect to the following:
ge
RECITALS
This FOURTH 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 "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 entry into the ETDA, Developer was the fee owner of the
Property, and is the fee owner of the. Property specifically involved in this
FOURTH AMENDMENT. The ETDA has been amended three times previously,
first on March 16, 1992, (Ordinance No. 1082), ("First Amendment") (Recorder
Doc. 19960099333, 2-29-96), a second time on November 20, 1995, (Ordinance
No. 1148) ("Second Amendment") (Recorder Doc. 199601184432, 3-11-96) and a
third time on August 4, 1997 (Ordinance No. 1182) ("Third Amendment")
(Recorder Doc. .).
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
Ce
Do
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 stated above, City and Developer
hereby agree as follows:
.
Incorporation of Amendments to Specific Plan. Exhibit "C" to the ETDA, as
amended which is the Specific Plan, is hereby amended as set forth in the
attached Exhibit "C-I". Among other things, the amendment to the Specific Plan
accomplishes the following:
ge
The intermediate school site is relocated from Sector 2 to Sector 5 within
the Estate Residential Land Use Designation as generally depicted in
Exhibit C-1.
2. Intermediate School Site.
g.
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 115 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 consistent with 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 subsequently City approved development plans for the site (i.e.
Design Review, Hillside Review, Tentative Tract Map).
IN wrrNESS WHEREOF, City and Developer has eaCh executed th/s FOURTH
AMENDMENT, EFFECTWE AS OF THE DATE FIRST WRITTEN ABOVE.
CITY OF TUST1N
THE IRVINE COMPANY
By
Mayor
By
By
ATTEST:
APPROVED AS TO FORM:
City Clerk
DF:br:ETDA4
City Attorney
.
- .
'~. -.'.- ~_-
· ~ : ....
L~ -~ _ ~ :%.
o
.-
·
ZC q?-oO'l'
Land Use Plan
EAST 'i-US-FIN SPECIFIC PLAN
· o
City of Tustin 1~
EXHIBIT C-I
Minutcs, Board of Educat,on
-~~May 27, .1997
~on/Ac6on~
.
It was moved by Jane Bauer, seconded by Ann Albcrtson, and carried with a 4-Yes,
1-No (Bullard) vote to adopt Scholastic Literacy Piacc_ ~ basic textbooks 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 revised Policy 513 I, Activities: Drugs, Alcohol, with
corrections.
.
.
It was moved by Tammie Bullard, seconded by Ann Albertson, and carried
unanimously to receive for fu~ reading revised Policy No. 51 t 4---Student Conduct
and School Disciplinary Rules & Regulations.
It was moved by Tammie Bull&rd, seconded by Ann Albertson, and .carried
unanimously to receive for fixst reading revised Policy No. 5114.A--Student
D/scipline Rules. .
5. It was moved by Jane Bauer, seconded by Tammie Bull&rd, and carried unanimo~tsly
to receive for first reg. ding revised Policy No. 511~-2--Expulsion of Students.
6. It was moved by Tammie Bullar~, seconded by' Franchae scinto, and carried
unanimously to receive for fn~t reading revised Policy No. 5114.3~Expulsion of
Students with Exceptional Needs Enrolled in a Spef. ial Education Program'.
,.,="=~ 7. It was moved by Taram~e Bullarc[, seconded by Ann Albertson, and Carried
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 the City
of Tustin and The Irvine Company.
.
8,
It. was. moved by Tammie Bullard, seconded by Francine Scinto, and carried
unanimously to accept the second elementary school site in Lower Peters Canyon;
and direct the Assistant Sttperintendent, 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. '
O3
It was moved by Tammie Bullard, seconded by Ann Albert.son, and carried unanimously
to approve Personnel Consent Items, as follows:
ADOPTED MINUTES
Page 6 of 7
EXHIBIT D-I
. O D
~~°~or~ ~
In 1994, the Tustia Unified School District ("School Di~l'ict") agreed to ~ a n:local~ ~niddle
school s'/te in Tustin ~nch, sut~ect to certain conditions. This Memorandum Agrr. ement .ix for the purpo~ of
sett/ng forth the condit/ons uaa~ wh/ch ltv/ne
otherw/se prc"par¢ such site and the School District will accept said alternate s'/te, subfi/ct to thc acqtt/s/tion of thc
site by thc School Distr/ct. Communi~ Dcv¢lopmeut Company ("ICDG~, w/Il grad~ and
1. · Al/euviromnental . .
concerns regarding thc property shaft be approved, including
the City o£'rust/a, with all fights to challe~ge such approval having expired, an appmva! by
·
2. The grad/rig shall be done in ~:ordance with plans and specifications approved by the School
Dis~ct's architect and/n accordance with the Di~r/xion of'State Architect's ot~ice~ pm'su~t to Title 24,
C*3iforuia Code of Regulatiom.
3. ICDC sha/1 furn/~ approved soils and geolog/cal reports meeting the standards of the Office of
Sta~ Arch/tect. '. .
4. Dun'ag the grading, which grading shall include terracing/fdesired by School D/strict, the .
School District shall prov/de a full t/me impe~r.
·
5. ICDC sh~I/conmuct underground dra/mge points to the site in ·
o£Tustin P,~uch Road and Pkmeer Way and the ~ther offo£the two locations; cma at the comer
extension of the Pioneer Road cul-de-sac at a
location approved by the Sc.hool District's architect Ihe dr~ag.e points ofcormectiou shall b~ ~ to
accommodate the drainage com/~ through the s/re, as well as all dr'4./nage fi-om dcv¢lopmertt ou the $it¢.. ICDC
shall pay the incremeutal ~ tad constn~on costs associated with the School I)/str/ct's ohs/re drainage
sys-~a to accommodate surface drainage from Lot AA of I'eutative Tract 14396.
· ,
6. lC'DC shall ~ and ma/nhaia by means ora future homeowner association the perimeter
landscape on Lob A, ~ and KK of Tentative 'tract 14396.
·
'l'itI¢:~
By: '
Title:~
By: '
EXHIBIT D-2