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HomeMy WebLinkAbout14 E. TUSTIN DEV AG 08-04-97DATE: AUGUST 4, 1997 NO. 14 8-4-97 I nter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1182, THIRD AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT sUM:MAR:~:i:: The: Thii:d':Amendment to the East Tustin Development:A'g:'ie:~'~i~'ht: ...:.. ,:.:... :, :.:... :. :....:,:,.. i:WO'U'ld:provide:'that:.:'::":(1) Lot' 27 of Tract 13627 bounded by JambOree ROad, ip°rt°iaiparkWay.and::T:ustin Ranch Road will be developed with a sinele~fam'ilY. ~d~tashed Pi;bJ:~t;:;i (2) The"li~vine.;'Company will conver't.:the existin:e:.g~{~:i't~ ~:rc:h~'~d~:.i:~t:~::~:~iem°n:::0~'hard 6:h~.Lot: 23 of Tract 12870 .l°:cates::~.~t:~h~::'~:b~'~'~:~t ::b°:¢~e?.°~ 3~;:~:5:o~ee' Ro:ad:.?and: portola Parkway; and (.3)':The::l~ine;~ ~0mP:~'~i':l'l'~:::;~ maintain:the~:Orchard::and make a financial contribUtion to the EaSt:.::TUstih~.;;Park;:' RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1182 (roll call vote). BACKGROUND: The following Ordinance No. 1182 had first reading and introduCtion at the July 21, 1997 City Council meeting: ORDINANCE NO. 1182 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE THIRD 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 Valerie Crabill Chief Deputy City Clerk 1 ORDINANCE NO. 1182 ,2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE THIRD 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 Third 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. D o That Addendum No. 6 to EIR 85 -2 has been prepared in conjunction with the proposed project in conformance with the requirements of the California Environmental Quality Act (CEQA) . E , That a public hearing was duly noticed, called and held on July 14, 1997 by the Planning Commission and by the City Council on July 21, 1997. F , The Third Amendment would be consistent with the objectives, policies, general land uses and programs specified in the General Plan, as amended by General Plan Amendment 96-003, particularly the Land Use Element which encourages well balanced land uses while maintaining a healthy diversified economy. G. The Third Amendment would be compatible with the uses authorized by the East Tustin .Specific Plan, as amended by Zone Change 96- 003. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1182 Page 2 H , The Third Amendment would be in conformity with public necessity, public convenience, general welfare and good land use practices in that the Third Amendment would provide for a financial contribution to be used for development of parkland, while still providing for the overall residential development anticipated by the East Tustin Specific Plan. I , The Third Amendment would not be detrimental to the health, safety and general welfare of the community in that the amendment would reduce the density of development on the site and reduce the total number of dwellings from 350 units to a maximum of 185 dwellings. Jo The Third Amendment would not affect the orderly development of the property in that the land use patterns, as amended by General Plan Amendment 96-003 and Zone Change 96-003 would provide for potential residential 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 Third Amendment to the East Tustin Development Agreement. III. The City Council hereby approves the Third 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 ' day of 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 undersigned declares that this document is recorded at the request of and for the benefit ofthe City of Tustin and is therefore exempt from payment ofthe recording fee pursuant to Government Code Section 6103. Space Above This Line for Recorder's Use TmRD AMENDMENT TO ~ EAST TUSTIN DEVELOPMENT AGREEMENT THIS THIRD AMENDMENT (the "THIRD AMENDMENT") to the East Tustin Development Agreement (the ".ETDA") is made effective ,1997 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 This THIRD AMENDMENT amends the ETDA entered into by and between City and Developer effective December 3, 1986, and approved by City by Ordinance No. 978 (Recorder Doc. #87-011675, 1-8-87). 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 THIRD AMENDMENT. The ETDA has been amended twice previously, first on March 16, 1992, (Ordinance No. 1082), ("First Amendment") (Recorder Doc. 19960099333, 2-29-96), and a second time on December '4, 1995, (Ordinance No. 1148) ("Second Amendment") (Recorder Doc. 19960118432, 3-11-96). The term "ETDA" is used herein to refer to the ETDA as amended by the Second Amendment. Bo 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 has applied for approval of an amendment to the Specific Plan rezoning a 31 acre site bounded by Jamboree Road, Tustin Ranch Road, and Portola Parkway (~!Lot 27"). Under the Specific Plan, Lot 27 is currently zoned for 12 acres of General Commercial and 19 acres of Medium,High Density Residential. Developer has applied to rezone the entire Lot 27 to Medium-Low Density Residential to accommodate a single family detached residential project. iEXHI. BIT A 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: 1. Incorporation of Amendments to Specific Plan. Exhibit "C" to the ETDA, as amended, which is the Specific Plan, is hereby amended. Among other things, the amendment to the Specific Plan accomplishes the following: a) The Land Use designation of the East Tustin Land Use Plan for Lot 27 of Tract 13627 is changed from 12 acres of General Commercial and 19 acres of Medium-High Density Residential, to 31 acres of Medium-Low Density Residential as generally depicted in Exhibit C-1. b) The Specific Plan text is changed to eliminate references to commercial development of Lot 27 and to modify the statistical surmn~ for residential uses. 2. Residential Development. b) Lot 27 shall be developed in substantial conformance with the site design, lot layout and architectural elevations of Tentative Tract Map 15380 and Design Review 96-050 (Exhibit D) as approved by the Planning Commission and City Council and including any conditions imposed thereon. · . In the event that Lot 27 is not developed in Substantial conformance with the plans identified in Paragraph 2(a) above, an alternative single family detached product may be proposed Subject to the City's full entitlement process (i.e. subdivision, Design Review), including action by the Planning Commission and City Council. Any alternative plans considered under the provision of this paragraph shall be designed to meet the' mi/fimum development standards included in the Specific Plan and Exhibit E. Where development standards in the Specific Plan and Exhibit E conflict, Exhibit E shall prevail. 3. Developer Contributions to City Park Improvements. In consideration for the foregoing, and contingent upon City's approval of the pending application for Tentative Tract Map (,TTM") No. 15380 covering Lot 27: .. At its expense, beginning no later than July 31, 1997, Developer shall commence to graft lemon 'buds to the branches of the existing grapefruit trees on Tustin Ranch Lot 23, Tract 12870, with the goal of converting the grapefruit orchard into a lemon orchard, and maintain the converted orchard through at least September 1, 2002; and, b) Developer shall contribute a total of One Hundred Thousand Dollars ($100,000) toward the City's Park Improvement Fund, in four Twenty Five Thousand Dollar ($25,000) installments, due and payable to City on or prior to the ninetieth (90'), one hundred eightieth (180~), .tWo hundred seventieth (270~), and three hundred sixtieth (360th) days, respectively, following City's approval of TTM No. 15380. 4. Ci_ty Use of Developer Payment. To the extent feasible, City shall use the funds paid by Developer, in accordance with paragraph 3Co) above, to construct, and/or operate and maintain public park improvements in Ea_.st Tustin. 5. Extended Maintenance of Converted Lemon Orchard. At the City's request, the Developer will reasonably consider extending its maintenance of the converted lemon orchard beyond September 1, 2002, on terms agreeable to the City and Developer. IN WITNESS WHEREOF, City and Developer has each executed this THIRD AMENDMENT, effective as of the date first written above. CITY OF TUSTIN THE IRVINE COMPANY By. Mayor By. By ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Proposcd Amcndmcnt lo East Tustin Specific PI:in I)cccm her 12. 19~6 'E': .(" Land Use Plan · t ,J' 'n ~ .- t . ' ' ' · ""'"'"' ' L,~G' ""END" ' ' '"'"= i' ....'-:~;.:.q , .: ., .~ ! x,,. , . ., , . . . .. . .~;...~ .., .,.. · ~ .'(.~ ~ ~T,~ ~~:~':..'~;.'~ ~"..-'~. ~-~ ~'.~::.~ · .. ~ ~-,~. .. ~ .~..-.' . · : .~':~ '. · ' ~.~W~ . · -'.--~' ~ ~ , ~ ~l~ . * ..-".' .' ,- ~ ~t"~... ,':~ .~.... ( ' ' I ~.'t ~ ' ' -2.~" ".,, i', ~', : .J- '~' - . '..1~ --- J '~ t .~'f"" '~':':'.-,V . , ~ '.... . '.~. · ~ · .~ .. ..~. ~.. ~- ,..~ "' ~ ~~'~e"~ ~2.' -- ...~~~~ ~;. ., . ~.~ ' -~t - . . i EXHIBIT C-1 EXHIBIT D SITE AND ARCHITECTURAL DESIGN TENTATIVE TRACT MAP 15380 m Z ,-r,, o~ Z LU !-- Z -t-' g: · ..J Z ": !-- Z,~ UJ I il ,Ii I tI I I I I 0 Zb z ,1 "r' ~ × 0 -~ ": zu ~ rrzU < "~ i-- 0 Il qlclea 1o'10cj0i J I J~ II I i I zb 1o'1 tac~3 ~o'i 0 I I I EX~{~ 1T E ADDITIONAL DEVELOPMENT STANDARDS FOR LOT 27, TRACT 13627 Development of Lot 27 shall be in compliance with the applicable development standards included in the East Tustin Specific Plan, as amended, and the development standards contained in this Exhibit. Where development standards in the East Tustin Specific Plan, as amended and this Exhibit conflict, this Extfibit shall prevail. Standard Requirement GROSS SITE AREA, MIN. TOTAL UNITS, MAX DENSITY, MAX 30.9 ACRES 185 6.00 LOT AREA MINIMUM AVERAGE 4,500 SQ. FT. N/A LOT COVERAGE, MAX. 50 PERCENT LOT WIDTH MINIMUM AVERAGE. 35 FEET 50 FEET BUILDING SETBACKS FRONT-LIVING AREA GARAGES SIDE CORNER 20 FEET MINIMUM 19 FEET MINIMUM (NO SHORT DRIVE-WAYS) 5 FEET MINIMUM 10 FEET MINIMUM DETACHED ACCESSORY 25 FEET MINIMUM (ADJACENT TO JAMBOREE, TUSTIN RANCH AND PORTOLA) 15 FEET MINIMUM OTHER LOTS 5 FEET MINIMUM TRACT BOUNDARY 10 FEET MINIMUM PARKING, GUEST TOTAL 185 SPACES UNIT SIZE MINIMUM AVERAGE ARCHITECTURAL CONSIDERATIONS 2,250 SQ. FT. 2,550 SQ. FT. IN ADDITION TO CONSIDERATION OF THE CITY'S DESIGN REVIEW PROCESS, AT MINIMUM, THE SIDE AND REAR ELEVATIONS THAT FACE JAMBOREE ROAD, TUSTIN RANCH ROAD AND .PORTOLA PARKWAY SHALL iNCLUDE ARCHITECTURAL VARIETY, DESIGN DETAILS, STAGGERED BUILDING MASS AND VARIED ROOF ELEMENTS SIMILAR TO THE FRONT ELEVATIONS TO PROVIDE RELIEF FROM THE FLAT WALL APPPEARANCE.