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HomeMy WebLinkAboutPOWERPOINT PRESENTATION - DEVELOPMENT AGREEMENT 2014-001 (ITEM 2)w lam DEVELOPMENT AGREEMENT 2014-001 BACKGROUND orETDA originally adopted in 1986. Ik- ETDA amended four (4) times to date. 01W Retail centers allowed 1,143,000 square feet. Current development is 1 130 715 � p square feet. The Market Place — Tustin: 1.479 sq. ft. to be developed. 00. 01. Other 2 Centers: 10,806 sq. ft. to be developed. O i� Pi D 0 4 DA 2014-001 Convert 23,622sq. ft. theater to community center. 0. Transfer development rights to other sites. Delineates terms. Specifies appropriates uses of 0. community center. Responsibilities of Tustin and Irvine Company. 0 Costs to use the community center. 0. Other general provisions and requirements. 0 5 SUBSTANTIVE TERMS Allowed activities: City sponsored meetings and events and activities allowed in other community facilities. City would program the facility and provide The Irvine OF Company with a written weekly schedule. � City would establish the hours of use, other than 7-9 a.m. and � 4-6 p.m. (off peak hours only). City would establish the rules and regulations. � The Irvine Company would maintain the facility and be reimbursed for maintenance costs through hourly usage fees 0. and administrative fees charged for the use of the facility. 0 6 SUBSTANTIVE TERMS Twelve (12) City events per year, and smaller City meetings not requiring heating or air conditioning, would be exempt from use fees, if the City handles the set-up and clean-up. OF The City would have the option to require The Irvine Company to set-up and clean-up and have the user a fees that would � p p pay reimburse The Irvine Company for such work, or the City would obligate itself to set-up and clean-up. �The Irvine Company would retain all keys and control access. 0 SUBSTANTIVE TERMS Third parties would be required to obtain at least one million dollars in insurance that names the City and The Irvine � Company as additional insureds. OF The Irvine Company would be able to develop other sites (23,622 additional sq. ft. in place of the theater) in the Tustin � portion of The Market Place. New development would be subject to City requirements, and could be disapproved. � The Irvine Company would no longer be able to charge the owners of the other Tustin Ranch commercial centers fees for further developing those centers. 0 g ENVIRONMENTAL REVIEW Exempt pursuant to CEQA Section 15061(b)(3). 0. CEQA applies only to projects which have the potential for causing a significant effect on the environment. OFF If adopted, proposed DA 2014-001 would allow for the N continuation of an assembly use and allow development 01. rights to be transferred to other potential in -fill development project sites which would be subject to separate CEQA review. DA 2014-001 has no possibility for causing a significant effect on the environment; therefore, the project is not subject to CEQA. 0 9 FINDINGS Consistent with the objectives, policies, general land uses, and programs specified in the General Plan and East Tustin Specific Plan. op Consistent with the East Tustin Specific Plan. �In conformance with the public necessity, public convenience, general welfare, good land use practices, and the orderly development of property. IWo An environmental analysis has been conducted and determined that there will not be any detrimental effect to the health, safety, and welfare with the implementation of DA 2014-001. O Will have a positive fiscal impact on the City. M91 PLANNING COMMISION ACTION On September 9, 2014, the Planning Commission considered the project and adopted Resolution No. 4266, recommending that the City Council approve the proposed project. lorr Some of the square footages in Resolution No. 4266 and proposed Ordinance No. 1449 differ due to refinement in the calculation of overall theater space and recent demolition and construction activity that has occurred within the Tustin � Y portion of The Market Place while the Development Agreement was under review. 0 11 RECOMMENDATION That the City Council introduce and have first reading of Ordinance No. 1449, approving Amendment#5 to the ETDA (DA 2014-001) between the City of Tustin and The Irvine Company LLC, to allow the conversion of up to 23,662 square feet of the former Edwards Theater located at 2982-3030 EI Camino Real to a City of Tustin Community Center, and to allow the transfer of development rights of the theater space to other potential development sites within the Tustin portion of The Market Place commercial center, and set a second 0 reading for the next City Council meeting. i -M 0 12 w DEVELOPMENT AGREEMENT 2014-001