HomeMy WebLinkAbout11 2ND AMEND E.T. DEV 12-04-95NO. ! !
12-4-95
.~ATE'
DECEMBER 4, 1995
lnter-Com
TO'
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1148, SECOND AMENDMENT TO EAST TUSTIN
DEVELOPMENT AGREEMENT
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1148
(roll call vote).
BACKGROUND:
The following Ordinance No. 1148 was introduced at the November 20
1995 City Council meeting: '
ORDINANCE NO. 1148 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING THE SECOND 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. 1148
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING THE SECOND 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.
.
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 Second 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.
De
That Addendum #5 to EIR 85-2 has been prepared in
conjunction with the proposed project .in
conformance with the requirements of the California
Environmental Quality Act.
E.
That a public hearing was duly noticed, called and
held by the Planning Commission on March 13, 1995
and continued to March 27, 1995, and by the City
Council on June 5, 1995. Project scope changes
were further considered by the Planning Commission
on October 9, 1995 pursuant to Government Code
Section 65857. A second public hearing was duly
noticed, called and held by the City Council on
November 20, 1995.
Fe
The Second Amendment would be consistent with the
objectives, policies, general land uses and
programs specified in the General Plan, as
amendment by General Plan Amendment 94-001,
particularly the Land Use Element which encourages
well~ bal'anced land uses and while maintaining a
healthy diversified economy.
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Ordinance No. 1148
Page 2 ·
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The Second Amendment would be compatible with the
uses authorized by the East Tustin Specific.Plan,
as amended by Zone Change 94-004.
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The Second Amendment would be in conformity with
public necessity, public convenience, general
welfare and good land use practices in that the
Second Amendment would provide for dedication of
land devoted for park purposes, while still
providing for the overall' residential and
commercial development anticipated by the East
Tustin Specific Plan.
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The Second Amendment would not be detrimental to
the health, safety and general .welfare of the
community in that the amendment would reduce the
overall allowable dwelling unit count within the
Tustin Ranch area from 9,178 units to 8,058 Units
which represents a twelve (12%) reduction.
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The Second Amendment would not affect the orderly
development of the property in that the land use
patterns, as amendment by General Plan Amendment
94-001 and Zone Change 94-004 would provide for
potential commercial, and residential development
consistent with the capacity of the supporting
infrastructure and street improvements.
K. The Second Amendment would 'have a positive fiscal
impact on the City which is required to be
monitored through the East Tustin Fiscal Monitor as
the elimination of the hotel from the phasing
schedule as a revenue generator woUld be replaced·
by an equivalent amount of retail space in the
phasing schedule.
II. The Irvine Company shall pay City's defense costs
(including attorneys' 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, attorneys' fees, and expert witness
fees), arising from actions filed against the City
challenging the City's approval of the Second Amendment
to the East Tustin Development Agreement.
III. The City Council hereby approves the Second Amendment to
the East Tustin Development Agreement as included in
Exhibit A attached hereto and subject to final approval
of the City Attorney.
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Ordinance No. 1148
Page 3
PASSED AND ADOPTED by the City Council of the City of Tustin,
at a regular meeting on the 20th day of November, 1995.
JIM POTTS
MAYOR
Pamela Stoker, City Clerk
STATE 'OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO. 1148
PAMELA STOKER, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, CalifOrnia, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing
Ordinance No. 1148 was duly and regularly introduced at a
regUlar meeting of the City Council held on the 20th day of
November, 1995 and passed and adopted at a regular meeting of
the City Council held on the 4th day of December, 1995, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
SECOND AMENDMENT TO THE
EAST TUSTIN DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT (the "SECOND AMENDMENT") to the East
Tustin Development Agreement (the "ETDA") is made effective
, 1995, 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
a.
This SECOND 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
areas of the Property specifically involved in this SECOND
AMENDMENT. The ETDA has been amended .once previously,
effective March 16, 1992, and approved by City by Ordinance
No. 1082 ("First Amendment"). "The term "ETDA" is used herein
to refer to the ETDA as amended by the First Amendment.
o
The ETDA provides for -the development of the Property in
accordance with the East Tustin Specific Plan adopted by City
on March 17, 1986 (the "Specific Plan").
C o
The Specific Plan and ETDA provided for the reservation of
school and park sites anticipated to be needed to serve the
future residents and occupants of the Property. As the
Property has been developed, however, certain sites reserved
for school- or park purposes are no longer needed for those
purposes,~ and should be redesignated for residential
development subject to the dedication of a new neighborhood
park, and parking for a future neighborhood park.. City and
Developer have also considered the feasibility of development
of hotel uses on the Property, and have determined that hotel
construction is unlikely within the next ten years, and the
ETDA should be amended accordingly.
D.
Amendments to the Specif. ic Plan, approved by the City Council
on November 20, 1995, provide for changes in the Land Use
Designations of the.East Tustin Land Use Plan relating to the
release of certain school and park sites.
E .
In light of the foregoing, City and Developer desire to
further amend the ETDA t'o accomplish the foregoing purposes
and to provide for the development 'of the Property in
accordance with the Specific Plan, as amended.
EXHIBIT A
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. 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". Among other
minor changes, the amendments to the Specific Plan accomplish the
following:
ao
The LAnd Use Designation of the East Tustin Land Use Plan
for Parcel 2 of Parcel Map 88-315 is changed from HS
(High School) to designate approximately 16 acres at ML
(Medium-Low) Density Residential with a Neighborhood Park
Site located at the northeast corner of Tustin Ranch Road
and Heritage Way, and approximately 24 acres at M
(Medium) Density Residential as generally depicted in
Exhibit C-1.
o
The Land Use Designation of the East Tustin Land Use Plan
for Lot 27 of Tract 13627 is changed from GC (General
Commercial) to designate approximately 19 acres at MH
(Medium-High) Density and approximately 12 acres at GC
(General Commercial).
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k.
B o
Site Access, Landscapinq Setback and Buildinq Heiqht, and
Special Development Restrictions.
Vehicular access to the Medium Density Site from Irvine
Boulevard shall be at its signalized intersection with
Robinson Road. Vehicular ACcess from Tustin Ranch Road
shall be at, or southerly of, the intersection of Palermo
and Tustin Ranch Road.
An expanded thirty five (35) foot setback along Tustin
Ranch Road from the edge of the curb to the residential
improvements shall be provided, consisting of nine (9)
feet of landscaped right-of-way and an additional twenty
six (26) feet of landscaped area, all thirty five (35)
feet of which is to be annexed for maintenance purposes
to the Tustin Ranch Landscape and Lighting District (the
"Lighting District"). The Lighting District shall be
responsible for maintenance of the landscaping in all
landscape setback .areas around the Medium Density Site
and in dedicated right-of-way.
Ce
De
Ee
The building height of any future development provided on
the Medium DensitY sites shall be limited to two (2)
stories.
No more than 350 apartment units may be considered on the
Medium Density site located adjacent to Irvine Boulevard,
away from Tustin Ranch Road.
A "For-Sale" townhome or single-family detached
residential product shall be-.provided at a maximum of 16
dwelling units per acre on the Medium Density site
located at the southeast corner of Irvine Boulevard and
Tustin Ranch Road.
3. Neighborhood Park'. Developer shall dedicate by separate
instrument at the time of recordation of a final map on Parcel
2 of Parcel Map-88-315, a minimum 3.6 net acre neighborhood
park to be located on the northeast corner of Tustin Ranch
Road and Heritage Way. The' Developer shall receive land
credit in the East Tustin Parkland Dedication Summary
maintained by the City's Community Services Department for the
amount of land area dedicated to the City for the 3.6 acre
dedication.
In addition, Developer shall contribute to the City Two
Hundred Thousand Dollars ($200,000) toward the improvement of
the neighborhood park. No land credit shall be received for
the monetary contribution.
Developer agrees to sell to City at City's cost and City
agrees to purchase 1.4 net acres of additional land adjacent
to the dedicated 3.6 acre neighborhood park site required
above. Such acquisition shall occur when the 3.6 acres are
dedicated. Developer also agrees to advance monies for the
design and improvement costs of the total 5 acre neighborhood
park and at the City's option, to accept a 'note for the
purchase of the 1.4 net acres. No land credit shall be
received for the 1.4 acres purchased by City or for
improvement costs for which monies are advanced to the City.
Payment terms for the 1.4 acres or repayment terms for the
design and improvement costs shall be subject to a further
negotiated Letter Agreement between the City and Developer,
which may be executed by the City Manager, but shall at
minimum include the following provisions:
ae
Payment or/
Payback'
Payment or payback schedule of not less
than 5 years
B. Interest:
C. Land Value:.
D.. Timing:
Not to exceed the Local Agency Investment
Fund (LAIF) Rate.
Not to 'exceed the' value of buildable
residential land with typical urban
infrastructure Services to accommodate
densities shown on the approved Land Use
Plan for Parcel 2 of 'Parcel Map 88-315,
as'determined by an appraiser selected by
mutual agreement of the City and
Developer, with appraisal costs borne by
the Developer.
The details of when funds will be
advanced shall be subject to the Letter
Agreement, with the goal of improving the
park as soon as possible.
4. Release of Reserved Park'Site. In Order to satisfy
Condition 5.1.B of Planning Commission Resolution No. 2603
approving Tentative Tract Map 13627, City has determined in the
Specific Plan, as amended, to release Lot 17 of Tract 13627 for
residential development provided that. the Developer dedicates to
the City an approximate .18 acre portion of Lot 17 of Tract 13627,
as generally depicted in Exhibit H, to provide parking for the
~future neighborhood park site located on Lot 16 of Tract 13627.
Said dedication Shall occur as part of any future subdivision or
development of Lot 17 of Tract 13627.
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Apartment Development.
k.
The second sentence in Section 2.1, Permitted Uses,
of the ETDA shall be revised to read as follows:
"As a standard governing the exercise of the
City's discretion to issue conditional use
permits for the construction of apartment
projects under' the Specific Plan, the City
agrees that the Developer will be allowed to
construct apartment projects in the medium
high and medium density areas of the Property
totalling 25% of the maximum number of
dwelling units permitted by the Specific Plan
and Tract No. 12345 as of the date of the ETDA
(December 1986) which maximum was 9,178
dwelling units."
.
New sentences shall be inserted after the second
sentence in section 2.1, Permitted Uses, of the
ETDA and are added to read as follows:
"For purposes of calculating the percentage of
apartments allowed pursuant to this Agreement,
the 1,854 City approved apartment units, as of
the date of Amendment No. 2, and 350 apartment
units approved by ~City and built by Developer
(or any successor) after the date of Amendment
No. 2, shall satisfy the 25% apartment unit
limitation as stated above. To the extent
that Developer or its successors in interest,
after the date of Amendment No. 2 convert
apartment units to condominium units, the
resultant reduction in apartment units can not
be used to recalculate the 25% apartment unit
limitation and give rise to a claim for
additiOnal apartment units. No further
approvals for apartment units will be granted
by the City."
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Hotels.
a.
The last sentence in Section 1.4 of the ETDA shall
be deleted in its entirety.
.
Section 1.4.1, added by the First Amendment to ETDA
is hereby deleted in 'its entirety, and a new
Section 1.4.1, Hotel, is added to read as follows:
"1.4.1 Hotels. Developer agrees that~ for a
period of' ten (10) years following the
effective date of this SECOND AMENDMENT, it
shall not construct a hotel on its property
located between Portola Parkway on the north,
the Atchison, Topeka and Santa Fe railroad
right-of-way to the south, Myford Road to the
west, and Culver Drive to the east."
7. East Tustin Phasinq Plan. The East Tustin Phasing Plan
identified in Section 1.9 of the ETDA, and amended by the First
Amendment, shall be amended to read as follows:
EAST TUSTIN PHASING PLAN
CUM.
DWELLING DWELLING
UNITS UNITS
CUM. AUTO
SQ. FT. SQ. FT. CENTER
RETAIL RETAIL DEALERS
0 0 3
955 955
740 1,695 0 0 4
1,095 2,790 0 0 2
1,303 4i093 400,000 400,000 1
1,273 5,366 663,000 1,063,000 0
1,192 6,558 0 1,063,000 0
1,212 7,770 0 1,063,000 0
288 8,058 80,000 1,143,000 0
8,058 8,058
1,143 , 000 1,143 , 000
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8. Maximum' Number of Residential Dwellina Units. The
maximum number of residential dwelling units authorized by the
Specific P~an (7,950 dwelling units) and the Phase I Residential
Area as authorized by Tentative Tract No. 12345 (1,228 dwelling
units) shall be reduced from a total of 9,178 dwelling units to a
total of 8,058 dwelling units. However, the original maximum
number of dwelling units permitted by the Specific Plan and
Tentative Tract No. 12345 as of the date of the ETDA (December
1986) was a total of 9,178 units and this maximum number of units
shall still be uSed for purposes of'calculating the 25% limitation
on apartment units'as described in Section 2.1 of the ETDA, as
modified by this Amendment No. 2.
IN wITNESS WHEREOF, City and Developer have each executed this
SECOND 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
ETDAREV.2
City Attorney
MH
Land Use Plan
EAST TUSTIN SPECIFIC PLAN
City of Tustin
LEGEND
Q-P-A- & ZONh'~2 t. ANO U~E AREA
EXHIBIT C
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C
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0
MYFORD ROAD
0 =c -o
-°iTl ITl
I'rl
a-- 7 7
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o
o
m
TR 13627
3.000
ACRES
FUTURE: DL~DIC-ATION TO
T"HE C.~Ty OF TUSTIN FOR
PUBIJC PARK PUrPOSeS
II
TR 13627
!-7
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ACRE5
10/31/94