HomeMy WebLinkAboutORD ADOP 2 E. T. DEVEL 03-16-92AGENDA3-��
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SUBJECT:
MARCH 16, 1992
ORDINANCE FOR ADOPTION NO. 2
3-16-92
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WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1082, EAST TUSTIN DEVELOPMENT AGREEMENT
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1082
(roll call vote).
ACRGROUND :
The following Ordinance No. 1082 had first reading and introduction
at the March 2, 1992 City Council meeting:
ORDINANCE NO. 1082 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE FIRST AMENDMENT TO THE EAST TUSTIN
DEVELOPMENT AGREEMENT (EXHIBIT A), 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 PROJECT AREA
Valerie Whiteman
Chief Deputy City Clerk
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ORDINANCE NO. 1082
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE FIRST AMENDMENT TO
THE EAST TUSTIN DEVELOPMENT -AGREEMENT (EXHIBIT A
ATTACHED HERETO), 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
PROJECT AREA
The City Council of the City of Tustin DOES HEREBY ORDAIN
follows:
I. The City Council finds and determines as follows:
A. That on April 7, 1986, the East Tustin Specifi
Plan was adopted by the City Council.
B. That prior to final adoption of the East Tusti
Specific Plan, Environmental Impact Report 85 -
prepared in conjunction with the project wa
certified as final by the City Council.
C. That as a required element of the East Tusti
Specific Plan, a Development Agreement was adopte
by the City on November 3, 1986, prior t
authorization of any development within the projec
area.
D. That the proposed Amendment to the Development
Agreement has been submitted by the Irvine Company
pursuant to applicable provisions of state laws and
local ordinances and with the concurrence of the
City of Tustin.
E. That a public hearing before the Planning
Commission was duly called, noticed and held ire
consideration of the proposed Amendment to the
Development Agreement.
F. That the Planning Commission, by minute order,
recommended to City Council adoption of the
proposed Amendment to the Development Agreement.
G. That a public hearing before the City Council waE
duly called, noticed and held in consideration of
the proposed Amendment to the Development
Agreement.
H. That pursuant to the California Environmental
Quality Act Final EIR 85-2, with supplements anc
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Ordinance No. 1082
Page 2
addenda, adequately addressed the genera
environmental setting of the proposed project, it
significant environmental impacts, and th
alternatives and mitigation measures related t
each significant environmental effect for th
proposed project.
I. The amendment is consistent with the objectives,
policies, general land uses and programs specified
in the General Plan, particularly the Land Use
Element which encourages commercial activities or
the subject property and the East Tustin Specific
Plan, which also identifies the subject property
for commercial activities.
J. The amendment is compatible with the use:
authorized for the Mixed Use District by the East
Tustin Specific Plan.
K. The amendment is in conformity with public
necessity, public convenience, general welfare an(
good land use practices in that the amendment wil:
allow for a hotel to be located on a potentiall,
more desirable site than that previousl!
identified, while still providing the necessar,
commercial development always anticipated for the
property by the East Tustin Specific Plan.
L. The amendment will not be detrimental to th,
health, safety, and general welfare of th
community in that the amendment will stil
authorize commercial development always anticipate
on the property, vital to the successfu
implementation of the remaining development of th
East Tustin Specific Plan.
M. The amendment will not affect the order 1,
development of the property in that it was alway
anticipated by the East Tustin Specific Plan to bi
developed with predominantly commercial activitie
with supporting infrastructure, street improvement
and street capacity to accommodate suc,
development.
N. The amendment will have a positive fiscal impact o
the city which is required to be monitored throug
the East Tustin Fiscal Model. The amendment wil
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Ordinance No. 1082
Page 3
not eliminate any revenue generating u
anticipated in the East Tustin Fiscal Model.
II. The City Council hereby adopts the First Amendment to th
East Tustin Development Agreement as presented in Exhibi
A attached hereto.
Passed and adopted at a regular meeting of the City Counci
held on the 2nd day of March, 1992.
CHARLES E. PUCKETT
Mayor
MARY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1082
MARY E. WYNN, City Clerk and ex -off icio Clerk of the Cit;
Council of the City of Tustin, California, does hereby certif',
that the whole number of the members of the City Council o
the City of Tustin is five; that the above and foregoing
Ordinance was duly and regularly introduced at a regula.
meeting of the City Council held on the 2nd day of March, 199
and passed and adopted at a regular meeting of the Cit
Council held on the 16th day of March, 1992, by the followin
vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
MARY E. WYNN, City Clerk
Publish Date: February 2, 1992
Tustin News
PR: rm
ORDINANCE NO. 1082
EXHIBIT A
FIRST AMENDMENT TO
EAST TUSTIN
DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT (the "Amendment" ) to the East Tustin
Development Agreement is made effective , 1992,
by and between the Irvine Company, a Michigan corporation
("Developer"), and the City of Tustin, California municipal
corporation ("City"). Developer and City may collectively be
referred to in this amendment as the "Parties."
RECITALS
A. This Amendment amends the East Tustin Development Agreement
(the ETDA ), entered into between the Parties effective
December 31 1986, and approved by the City by Ordinance No.
978. The ETDA concerns all of that real property (the
"Property") described in Exhibit "A" and delineated on Exhibit
"B" hereto, 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 areas of the Property specifically involved
in this Amendment.
B. The ETDA provides for the orderly development of the Property
in accordance with the East Tustin Specific Plan adopted by
the City on March 17, 1986 (the "Specific Plan", and the
provisions of the ETDA, and Developer has been and currently
is developing the Property consistent with the Specific Plan
and ETDA.
C. At the time of their entry into the ETDA, the parties expected
that a minimum two hundred fifty (250) room hotel would be
built within that area of the Specific Plan described as
"Sector 12,11 which area is described in Exhibit "C" hereto and
delineated on Exhibit "D" hereto, which description and
delineation are incorporated herein by this reference.
Therefore, although Sector 12 is identified in the Specific
Plan as a "Mixed Use" site and could be developed with retail
uses under that designation, paragraph 1.4 of the ETDA
specifically provided that as part of its development Sector
12 would include a minimum two hundred fifty ( 2 50 ) room hotel.
D. The Parties have since explored with hotel operators the
feasibility and desirability of building and operating a hotel
in Sector 12, and have determined that Sector 12 may not be
the most suitable site on the Property for a hotel use.
Additionally, several major retail stores have expressed
First Amendment
East Tustin Development Agreement
Page 2
strong interest in building and operating new retail stores in
Sector 12, which could contribute significant sales tax
dollars to City.
E. In light of the foregoing, the Parties have agreed to amend
the ETDA as follows in order to induce retail development of
Sector 12 and the corresponding sales tax revenue for City.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of
the mutual covenants hereafter contained, and for the purposes
stated above, City and Developer hereby agree as follows:
1. Paragraph 1.4 of the ETDA is hereby amended by DELETING
the last sentence, which reads: "In addition, a hotel shall be
constructed with a minimum of 250 rooms and with customary
supporting facilities and, if proposed by Developer to be built in
more than one phase, such phasing shall be as approved by City."
2. A new Paragraph 1.4.1 is hereby ADDED to the ETDA to read
as follows:
of 1.4.1 Hotels. Developer agrees that sufficient land
for construction of a hotel containing a minimum of 250 rooms;
and with customary supporting facilities shall be reserved for
that use in Sector 6 of the Specific Plan, and that Developer
shall in good faith seek a hotel operator for that site and
use. Alternatively, Developer may construct or provide for
the construction of a hotel containing a minimum of 250 rooms
and with customary supporting facilities in a location
southerly of the I-5 Freeway within City that is approved for
such use by City, in which case Developer shall be relieved of
any obligation to reserve land for a hotel and seek an
operator in Sector 6.
Developer agrees that if a hotel containing a minimum of 250
rooms and with customary supporting facilities is constructed
southerly of the I-5 Freeway within City that is approved for
such use by City, in compliance with the above Paragraph
1.4.1 that those hotel rooms will not be included in
determining compliance with the fiscal phasing requirements of
the ETDA, as if constructed on the Property."
3. The Irvine Company shall design and construct an off-road
bike trail on the west side of My f ord . Road between Bryan Avenue and
-- First Amendment
East Tustin Development Agreement
Page 3
E1 Camino Real. Actual design shall be subject to final approval
of the Public Works Director and Community Development Director.
4. The East Tustin Phasing Plan identified within Section
1.9 of the ETDA is hereby amended to read as follows:
First Amendment
East Tustin Development Agreement
Page 4
EAST TUSTIN PHASING PLAN
CUM. CUM AUTO
DWELLING DWELLING SQ. FT. SQ. FT. CENTER HOTEL
UNITS UNITS RETAIL RETAIL DEALERS* ROOMS
9 000 9,000 11363,000 11363,000 10 0
IN WITNESS WHEREOF, the Parties have each executed this
Amendment on the date first written above.
CITY OF TUSTIN
-5
ATTEST:
City Clerk
Mayor
THE IRVINE COMPANY
By.
By.
U mm/devagree
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3
4
0
0
955
740
1,095
1,695
21790
0
0
0
2
0
11 303
41093
400,000
400,000
1
0
0
0
11273
51366
663,000
11063,000
0
0
1 192
'
6,558
0
11063,000
0
0
1,212
71 770
0
11063,000
0
0
339
8,109
80,000
1,143,000
0
0
336
8,445
0
1,143,000
0
187
81632
220,000
1,363,000
0
0
188
8,820
0
1,363,000
0
0
180
9,000
0
11363,000
0
9 000 9,000 11363,000 11363,000 10 0
IN WITNESS WHEREOF, the Parties have each executed this
Amendment on the date first written above.
CITY OF TUSTIN
-5
ATTEST:
City Clerk
Mayor
THE IRVINE COMPANY
By.
By.
U mm/devagree