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Home My WebLink AboutPOWERPOINT PRESENTATION - VALENCIA PARCEL AGREEMENTVALENCIA PARCEL AGREEMENT DEVELOPMENT AGREEMENT 2014 -002 (AMENDMENT N0. 1 TO DA 2013 -002) CITY OF TUSTIN FA 1 I SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT City Council June 17, 2014 1 In 2013, the Planning Commission and the City Council approved a revised Land Exchange Agreement various entitlement applications including DA 2013 -002 to facilitate property exchange between the City of Tustin and the South Orange County Community College District (SOCCCD). ■ Agreement delineated terms and process associated with the exchange of property affecting approximately 89 acres within PA 1 at Tustin Legacy. ■ Project Objectives: Rationalize Property Boundaries to create larger contiguous land areas Provide a Broader Range of Land Uses Enhance Circulation in the Project Area 2 CITY Q PRIVATE PROPERTY OUTSIDE OF a WAS BOUNDARY IM REUSE PLA7 nE Elementar Medium. TU$11N RAL "ST;�``" y Dens "rt School y SONR"UDTA RA&wAY _ Public Park Residenti ED+RGER Abused (future) F AVE SEVERYNS PA 7l r_; .. Children's ROM k� (Shelter LAWS- PA S _ IqM' 1 A PA 2 e VM-EKU i , .E ° % Valencia Avenu AVE �J PA 6' PA 3 1° ' Rescu ELL 1_K 1 it PA 2 i BELL 1 � Mission yl 1 -F .' WARNER �♦,- . AEI ! i; � �... .. '' yN CITY( �\R 1N TA ANA f MOUNT YAR91.E .J ROM MICA 4.` PA 22 !; o F i gi'W a o CITYi I` g IRVINE NE F RSCCD a ' "+ Sheriff's Training y f Academy E a� Warner Avenue --^� 3 (future extension) 3 NAVY area (to be transferred once FOST is issued by the Navy ) • During the Exchange the City expressed an interest in the balance of the property along the north edge of Valencia Avenue. • It was detached from the SOCCCD main property and contiguous to the future City park. • 4.53 acres was in addition to the equal exchange. Pursuant to the Exchange Agreement the City and SOCCCD agreed to negotiate in good faith concerning the purchase price and the other terms and conditions of the acquisition. • City received a $500,000 cost credit "Demolition Avoided Cost" towards the future purchase price. • The Demolition Avoided Cost was the cost to remove a large concrete apron on the future Army site that could benefit the Army. IM �. A o �z a� pFCpcsED BELL �S F11ROWF I I WARBR , AVENM The City and SOCCCD have successfully negotiated an agreement resulting in the City's acquisition of additional land: biters ■ Site A: Planning Area 1 -E to � ; / I potentially include within the future adjacent park site; and ■ Site B: portion of Planning Area 1 -7 H, a remnant strip of land that is primarily used for entry monumentation and landscaping for Tustin Legacy. - - - - - -- - - , -� -- I The Agreement concerning Valencia Parcel and a strip parcel between SOCCCD and the City of Tustin; and, Amendment #1 to DA 2013 -002 and Amended and Restated Agreement between the City and SOCCCD for Conveyance of a Portion of WAS Tustin and the Establishment of an Advanced Technology Educational Park (ATEP). 7 The Valencia Agreement effectuates the disposition of 5.1 acres of land comprised of two (2) parcels (Sites A and B) from SOCCCD to the City. The reasons for the Agreement: 1) The parcels are properties that separated from remnant are physically the primary SOCCCD campus; and, 2) Consolidation of the properties under City's ownership would allow for more efficient and rational planning of the properties pursuant to the WAS Tustin Specific Plan. Processes associated with the City's purchase from SOCCCD of the strip parcel and SOCCCD's relinquishment of its rights to acquire ownership of the Valencia Parcel Site A is currently owned by the Navy, leased to the City, and subleased to SOCCCD. Site B is currently owned in fee by SOCCCD. All necessary instruments and title documents to effectuate the acquisitions. Approval Authority: Pursuant to Government Code Section 65402 - General Plan Conformity Pursuant to Government Code section 37350 - Acquisition for City purpose. „ m McCain Smith Road Agreement a requirement of the existing Land Exchange. Would have been necessary to provide access to contiguous City and SOCCCD properties. ■ New access via on -site circulatio City's share would have been approximately $500,000 Consideration for City acquiring 5.1 acres: Credit for Demolition Avoided Costs Cash W&O00,000 j (Equivalent of City's existing commitment per the for McCain Smith Agreement) $500,000 $500,000 Legal, Consultant, Closing Costs $100,000* ( *Not to exceed) Net New Costs Since 2013 Exchange Agreement $100,000* PURPOSES OF THE AMENDMENT. I Pre - Existing Agreement To rescind the obligation of the City under the Pre - Existing Agreement to convey the Valencia Parcel to SOCCCD; and, To remove both of the Parcels from the coverage of the Pre - Existing Agreement by changing the definition of "SOCCCD Property." Consideration ■ Constitutes sufficient consideration to support the covenants and agreements of City and SOCCCD. _ W r.y �gcl „riv 12 APPROVAL AUTHORITY The MCAS Tustin Specific Plan Section 4.2.9 requires a Development Agreement in _..- conjunction with or prior to approval of any M entitlements associated with private development. Pursuant to Tustin City Code (TCC) Section 9607, the Planning Commission shall consider ��...� the Development Agreement and make a recommendation thereon to the City Council. - Pursuant to TCC 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 TCC Section 9614, the Development ;�:.•� Agreement shall be approved by the adoption of �_ - --- ;; an ordinance. ' `°"' �"°" ~J �•� --" 13 On May 27, 2014, the Planning Commission adopted: Resolution No. 4257 - Found project in conformance with General Plan Resolution No. 4258 - Recommending that the City Council approve DA 2014 -002, amendment #1 to the approved DA 2013 -002 to effectuate the Valencia Parcel Agreement. 14 Introduce and have a first reading of Ordinance No. 1443, approving DA 2014 -002, an amendment #1 to the approved DA 2013 -002 to effectuate the disposition of approximately 5 acres of land comprised of two parcels (Sites A and B) from SOCCCD to the City; Adopt Resolution No. 14 -48, approving the Agreement Concerning Valencia Parcel between the City of Tustin and SOCCCD for the disposition and acquisition of certain property within Planning Area 1 of WAS Tustin Specific Plan; and, Approve an appropriation in an amount not to exceed $600,000 from the unappropriated reserves of the Land Held for Resale Fund (Fund 189) for Fiscal Year 2013 -2014 to fund the City's financial obligations pursuant to the Agreement Concerning Valencia Parcel between the City of Tustin and SOCCCD. 15 VALENCIA PARCEL AGREEMENT DEVELOPMENT AGREEMENT 2014 -002 (AMENDMENT N0. 1 TO DA 2013 -002) CITY OF TUSTIN FA 1 I SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT City Council June 17, 2014 16