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Home My WebLink About12 AMENDMENTS 08-21-95AGEF DA AUGUST 21, 1995 Inter-Com WILLIAM A. HUSTON, CITY MANAGER TO: COMMUNITY DEVELOPMENT DEPARTMENT FROM: GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-004, SECOND SUBJEC~ AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT& TENTATIVE TRACT MAP 15055 (IRVINE COMPANY) RECOMMENDATION It is recommended that the City Council provide direction regarding the revised project proposal submitted by the applicant. FISCAL IMPACT There are no fiscal impacts associated with this project, as this is an applicant initiated project. The applicant has paid application fees to recover the cost of processing this application. BACKGROUND/DISCUSSION The applicant originally proposed to make several amendments to the Land Use Plan and text of the East Tustin Specific Plan (ETSP) related primarily to three separate vacant parcels within the ETSP area. At the June 5, 1995 City Council meeting, the Council provided direction to the applicant that the proposed increase in the percentage of apartments from '25% to 28.4% as part of the proposed Development Agreement Amendments would not be supported. As a result of this direction, the project was continued to allow the applicant to suggest a revised land use proposal. The latest proposal by The Irvine Company has been included as Attachment A. If the City Council believes the proposal has merits, then it would need to be referred to 'the Planning Commission for review and a recommendation prior to any formal action by the City Council. Government Code Section 65857 states as follows: "The legislative body [City Council] may approve, modify or disapprove the recommendation of the Planning Commission; provided that any modification of the proposed ordinance or amendment by the legislative body not previously considered by the Planning Commission during its hearing, shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be City Council Report GPA 94-001, ZC 94-004, Development Agreement Amendment, TT 15055 August 21, 1995 Page 2 required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the legislative body, shall be deemed to be approval of the proposed modifications." After the Planning Commission has had an opportunity to review and make a recommendation to the City Council on the revised project, a new public hearing will be noticed and conducted by the City Council to consider final action on the project. The following is a summary of the key elements of the original proposal, as well as, The Irvine Company's revised proposal. Attachment B also highlights those changes The Irvine Company proposes to make to'their original Specific Plan Amendments. ORIGINAL PROPOSAL The original application proposed to amend the East Tustin Land Use Plan and Development Agreement to allow for one Medium-High density site, one Medium-Low density site and a neighborhood park on the former high school site. A total of 513 units were proposed on the 40 acre High School site at an average density of 12.8 dwelling units per acre. Additionally, the proposal would have capped the maximum number of units proposed on the Medium-High density site to 350 units. A five acre neighborhood park was to be dedicated consisting of approximately $1 million dollars in improvements. The Company also agreed to: Provide an expanded setback area along Tustin Ranch Road of 50 feet; Buildings along Tustin Ranch Road frontage would have been limited to 2 stories and 50% of the buildings along Irvine Boulevard would be 2 stories; - Increased perimeter landscaping along Tustin Ranch Road; Amend the Specific Plan to require more guest parking in the Medium-Low and Medium-High land use categories of the Specific Plan and also for Patio Home developments. City Council Report GPA 94-001, ZC 94-004, Development Agreement Amendment, TT 15055 August 21, 1995 Page 3 ' ~ The original application proposed to amend the East Tustin Specific Plan to modify a 19 acre portion of the site located in the General Commercial land use designation (Lot 27) to Medium-High density to permit development of a maximum of 399 apartment units. The original application proposed to amend the East Tustin Specific Plan to redesignate a ten (10) acre site from Low density to Medium-Low density or ten (10) dwelling units per acre not to exceed 100 units. REVISED PROPOSAL The revised proposal would create one Medium density site, one Medium-Low density site and a neighborhood park site. The Medium density site would be in lieu of the original Medium- High density site. The revised proposal would permit a total of 533 dwelling units on the high school site at an average density of 13.3 dwelling units per acre instead of 12.8 acres originally proposed. The proposal would permit up to 439 apartment units on the proposed Medium density site, all of which would be two stories in height. The Irvine Company would agree to a cap on residential development of 8,058 units in Tustin Ranch. This represents a 12% reduction from the current maximum entitlement of 9,178 units. The Development Agreement would be amended to provide that the maximum number of residential units in Tustin Ranch can not exceed 8,058. By agreeing to a revised cap on the maximum number of residential dwelling units, the maximum number of acres required for parks in East Tustin can be calculated. Based upon the 8,058 unit cap and acreage dedicated to date for parks, the City would be entitled to 3.6 acres of additional parkland. This amount factors in .18 acres that would be added to the 3.0 acre undeveloped neighborhood park site on Pioneer Road (adjacent to the Salvation.Army facility). The additional .18 acres would be used for vehicle parking. City Council Report GPA 94-001, ZC 94-004, Development Agreement Amendment, TT 15055 August 21, 1995 Page 4 The 3.6 acres would be dedicated on the High School site. The concept would be an active park facility rather than the more traditional passive neighborhood park. The City would be responsible for the costs of improving the 3.6 acre site. As part of any Development Agreement Amendments, The Irvine Company proposes to: Reduce the setback area along Tustin Ranch Road from the 50 feet originally proposed to 35 feet of which 10 feet will be for right-of-way, leaving an actual landscape setback of 25 feet. The proposal provides that any further conversion of apartments to condominiums could not result in a reduction of units used to compute the 25 percent cap on apartments. In other words, the apartments proposed for the High School Site would be the last apartment project. The revised proposal would not change the originally proposed Medium-Low land use designation for Lot 6. However, the Company has proposed to cap the number of units authorized for development on this site to 71 units or a density of 7.1 dwelling units per acre instead of the 100 units originally proposed. The revised proposal would not change the proposed Medium-High density designation requested for the General Commercial site (Lot 27). The development would be an ownership product and up to 475 attached units would be authorized instead of the original 399 apartment units proposed. The Company has also modified their previous position supporting increased guest parking. They now do not support any amendments to the parking standards in the Specific Plan as recommended by the Planning Commission for provisions of additional parking spaces in multi-family and patio home projects. Their position is that amendments to the Specific Plan can not be adopted without their agreement pursuant to the East Tustin Development Agreement. City Council Report GPA 94-001, ZC 94-004, Development Agreement Amendment, TT 15055 August 21, 1995 Page 5 CONCLUSION It is recommended that the City Council provide direction regarding the revised project proposal submitted by the applicant. Daniel Fox, 'AICP Senior Planner Christine A:i S~ngleton Assistant City Manager CAS: D F: br: GPA94001. CO5 Attachments: A - The Irvine Company Revised Proposal B - Proposal Comparison Summary THE IRVINE COMPANY MODIFIED PROGRAM FOR ETSP AUGUST 1, 1995 · TIC will accept the existing Development Agreement limitation of 25% of the total allowable number of dwelling units in the Specific Plan and Tract No. 12345. · TIC will agree that future condominium conversions cannot be used to create additional apartment development opportunities within the existing 25% Development Agreement limitation. · TIC will agree to eliminate the medium high density category on the high school site and agree to a combination of medium and medium-low density on the former high school site with a cap of 533 units over the entire site which includes 439 apartments allowed under the existing 25 % limitation. · TIC will agree to a modified apartment program on the former high school at a maximum of 18 du per acre with a 2 story height limit. · TIC will agree to an amendment to the development agreement providing for an overall Tustin Ranch buildout cap of 8055 units representing a 12% i'eduction from the maximum number of units presently entitled under the Specific Plan and Tract No. 12345. · TIC will agree to dedicate an additional 3.6 acres of unimproved land following the CUP approval of the apartment development on the high school site to complete the park program for Tustin Ranch. The dedication will be provided well in advance of the stipulated build out of 8055 units as provided for in the revised development agreement. This acreage is in addition to the nearly 11 acres of excess park dedication that has occurred through the current phase of Tusfin Ranch. · TIC agrees to provide an expanded 35' setback along Tustin Ranch Road adjacent to the apartments, instead of the typical 25' setback. · The existing Tustin Ranch development standards including parking and landscaping covered by the existing development agreement and specific plan will remain in effect. · TIC agrees to dedicate. 18 acre from the existing 2.7 acre reservation site on the proposed park in Phase IV, with the understanding that the Phase IV reservation site will be released and relocated as part of a 3.6 acre reservation parcel on the high school site to be dedicated as described above. · City will modify its General Plan, zoning, ETSP and development agreement to accommodate the proposed land use changes on the high school site, general commercial site, and designated elementary school, site including the previous changes proposed in the development agreement concerning the h'otel and the phasing plan. cst~pmod.out/mlb/kdb ATTACHMENT A AUGUST 21, 1995 'RIGINAL PROPOSAL EVISED PROPOSAL GPA 94-0{}1 Lot 27, Tr 13627 Lot 6, Tr 12870 ZONE CHANGE 94-004 Lot 27, Tr 13627 High School Site SPECIFIC PLAN AMENDMENTS Lot 27, Tr 13627 Lot 6, Tr 12870 High School Site DEV. AGREE. AMENDMENTS Lot 27, Tr 13627 High School Site Lots 17/18, Tr 13627 Total Unit Count 19 acres from Commercial to Residential Public & Institutional to Residential 19 acres from Commercial to Residential Community Facility to Residential 19 acres to Medium-High Density 25 du/ac Not to exceed 399 apartments Medium-Low Density underlying 10 du/ac Not to exceed 100 units 16.7 acres to Medium-High Density 25 alu/ac Not to exceed 350 apartments 16.3 acres to Medium-Low Density 10 du/ac Not to exceed 163 units 5 acre park Total of 513 units proposed ~ average density for 40 acres = 12.8 du/ac Increased parking rates Increase % apartments to 28.4% Eliminate 250 room hotel Provide non-competitive hotel clause Modify phasing schedule to reflect elimination of hotel Increase % apartments to 28.4% Dedicate & construct 5 acre park 50' landscape setback on Tustin Ranch Rd Two-story appearance on Tustin Ranch Rd & 50% on Irvinc Blvd Increase perimeter landscaping Release 2.7 acre reserved park site Dedicate. 18 acres for park parking lot 9,178 units total entitled for Tutsin Ranch Same Same Same Same Same Same Max. of 475 attached units ~ 25 du/ac Same Same Max. of 71 units ~ 7.1 du/ac 24.38 acres to Medium Density 18 du/ac Max. of 439 apartments ~ 18 du/ac 12.02 acres to Medium-Low Density Same Max. of 94'units ~ 7.1 du/ac 3.6 acre park Total of 533 units proposed ~ average density for 40 acre site = 13.3 du/ac Removed No request; would agree to condo conversion language Same Same Same No request; would agree to condo conversion language Dedicate 3.6 acre park 35' landscape setback on Tustin Ranch Removed Removed Same Same 8,058 units Total at buiidout ATTACHMENT B