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HomeMy WebLinkAbout22 LWR PETERS CANYON 05-01-95AGENDA___ NO. 22 i ~ 5-1-95 Inter-Com lATE: MAY 1, 1995 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT LOWER PETERS CANYON SPECIFIC PLAN RECOMMENDATION Pleasure of the City Council. FISCAL IMPACT Informational report only; no fiscal impact. BACKGROUND As the City Council is aware, the Orange County Planning Commission recommended approval on April 4, 1995 of a number of discretionary actions associated with The Irvine Company's Lower Peters Canyon project including: a General Plan Amendment, Zone Change, Specific Plan, Site Development Permit (for the regional retail site) and Environmental Impact Report (EIR). The Orange County Board of Supervisors is anticipated to take action on the above project on May 2, 1995. At the time the Orange County Planning Commission took action on the proposed project, there were a number of major issues previously identified by Tustin City Council and communicated at the April 4, 1995 Orange County Planning Commission meeting which were not adequately addressed. During the week of April 24, 1995 meetings were held between Tustin staff and The Irvine Company in an attempt to resolve the following issues: The Lower Peters Canyon Specific Plan requires the landowner to provide a fair share contribution to development of a commuter rail station in the City of Tustin. However, proposed language recommended by the Orange County Planning Commission would exempt Planning Area 4 (the retail commercial development proposed at Jamboree and Bryan). City staff have provided the County and Irvine Company with proposed language changes to ensure that Planning Area 4 i.s not exempt from the program. City Council Report LOwer Peters Canyon Specific Plan May 1, 1995 Page 2 . . The Irvine Company is in the process of executing an agreement with the City of Tustin regarding an Amendment to the East Tustin Specific Plan. As part of the Agreement, the City of Tustin anticipates eliminating~ the Company's obligation to construct a Hotel within the East Tustin Specific Plan area. The Irvine Company has agreed not to construct a Hotel on its property located between Portola Parkway on the north, the ATSF railroad right-of-way to the south, Myford Road to the west, and Culver Drive to the east for a period of ten (10) years following the effective date of the agreement. The Lower Peters Canyon Refined Specific Plan contains three commercial land use districts; Community Commercial, Regional Commercial and Mixed Use. Under each of these districts, Hotel and Motel uses are listed as conditionally permitted uses. As noted above, the agreement between the City of Tustin and The Irvine Company would prevent the construction of these useS for a period of the next 10 years. Although The Irvine Company has agreed to amend the Agreement language with the City of Tustin to prohibit hotel/motel uses on their properties, even if sold, the City of Tustin has requested that the Specific Plan should identify that Hotel and'Motel uses shall not be permitted until after July 1, 2005 consistent with .the term of the ten (10) year restriction as agreed between the City of Tustin and The Irvine Company. While County staff have verbally acknowledged The .Irvine Company's commitment to Tustin on this issue, a minor clarification in the Specific Plan will ensure no misunderstandings in the future and provide notice to any potential developers of this agreement. The Irvine Company has indicated that they will request that the County favorably respond to the City's request on this issue. The City has previously had concerns regarding the proposed location of the Community Park in the Lower Peters Canyon Refined Specific Plan further east of the original project proposal. Since the City of Tustin has a significant deficiency of parkland, it was felt that the proposed community park location would increase the likelihood that Lower Peters Canyon residents on the west side of the Eastern Transportation Corridor alignment would utilize East Tustin City Council Report Lower Peters Canyon Specific Plan May 1, 1995 .Page 3 · parks. The Irvine Company responded that they believe that the proposed Special Use Park to be located at the Ag Headquarters will mitigate this impact. Based on Tustin's significant experience in East Tustin, the City felt that active parks would be the greatest park need experienced in a newly developing community like Peters Canyon. Without adequate active opportunities the residents of Lower Peters Canyon west of the Eastern Transportation Corridor would place a significant demand on facilities in East Tustin. The Irvine Company has represented that the Specific Plan will not preclude active sports uses in the proposed Special Use Park and that Tustin would be included in any future community workshops designed to specifically design facilities on the Special Use Park. The City Council needs to determine whether this'representation adequately addresses their concerns about potential impacts on East Tustin parks. The Refined Specific Plan identifies a Regional Commercial district with a combined acreage of 106 acres bounded by the I-5 Freeway on the south to Irvine Boulevard on the north. In addition, a Mixed Use district north of Irvine Boulevard also has a commercial land use component. The City Council has previously expressed opposition to any commercial uses along Jamboree Road north of Bryan Avenue, adjacent to East Tustin residential neighborhoods. The types of activities identified in the Specific Plan for these commercial districts include such land uses as Auto Repair Specialty Shops, Bars and Cocktail lounges and Drive-In Restaurants. The Draft EIR did not evaluate the impacts of these uses on the adjacent East Tustin residential uses. Members of the City COuncil also previously opposed the proposed Business Park south of Bryan and west of Culver Avenue. The types of activities identified in the Refined SpeCific Plan for the Business Park district include such uses as Assembly, Manufacturing, Light Manufacturing and Convention/Conference facilities. It was felt that these types of uses may not be compatible with existing residential land uses in Tustin or Irvine. It was also previously stated that no Business Park uses of this magnitude were currently located north of the I-5 in either the cities of Irvine or Tustin and that there were already sufficient business park/light industrial spaces available in areas such as the City Council Report Lower Peters Canyon Specific Plan May 1, 1995 Page 4 IBC, Spectrum, future P.A. 10 and in the southerly portion of Tustin. Th'e Irvine Company has provided a summary status report of how they believe they have responded to issues and concerns on the project 'which is attached. Staff will also be available to provide a verbal update to the City Council on any additional Irvine Company or Orange County responses to City of Tustin issues on May 1st. In the event the City Council still has remaining issues or concerns on May 1st, it would be appropriate that they direct staff to communicate those concerns to the Orange County Board of Supervisors on May 2nd. Ch~istine-A.- s'h-in~ton - Assistant City M~ger CAS: kbm\ccreport\lpcsp, cas Carol A. Hoffman Vice President THE IRVIN( COMPANY April 24, 1995 Mayor 3im Potts City of Tustin 300 Centennial Way Tustin, CA 92680 RE: Lower Peters Canyon Specific Plan and EIR 557 County of Orange Dear Mayor Potts and Members of the Tustin City Council: As you are aware, public hearings on .the Lower Peters Canyon Specific Plan (LPCSP) and EIR are underway at the County. On April 4, 1995, the Orange Co6nty Planning Commission unanimously recommended approval of the Specific Plan and EIR to the Board of Supervisors and the Board is scheduled to hold a public hearing on the project May 2. Discussions with your staff to resolve Tustin's issues with the plan have been on-going and have occurred even subsequent to the County Planning Commission's approval. We consider it important to provide you with a summary status report prior to the Board of Supervisors' meeting. At the Tustin City Council study session in February 1995, we heard the City Council express particular concerns regarding the residential densities, the extension of E1 Camino, the commuter rail station funding program, the traffic mitigation provided by the plan, the number and location of public parks, and the rationale for a business park located along the I-5 Freeway. We believe the Refined Specific Plan does resolve the majority of your issues in a positive fashion and the numerous meetings held between The Irvine Company and County and City staff members have been very beneficial. The Refined Specific Plan going to public hearing at the Board of Supervisors is a reflection of our combined efforts. Residential Densities At the onset of the planning effort for the Lower Peters Canyon Specific Plan, The City of Tustin expressed a concern with the residential densities in the Specific Plan. Specifically, the City was concerned that the densities in the Lower Peters plan be compatible with and comparable to those densities found in the East Tustin Specific Plan. As your staff acknowledged in their comments to the County Planning Commission, the residential densities in the 550 Newport Center Drive, P.O. Box 6370, Newport Beach, California 92658-6370 · (714) 720-2303 Page Two Mayor 3im Potts April 25, 1995 Refined Specific Plan have been substantially reduced. The existing Orange County General Plan Land Use Element for the site would allow development of over 14,000 dwelling units. The proposed Specific Plan evaluated in the Draft EIR proposed a maximum of 10,568 dwelling units. The Refined Specific Plan which The Irvine Company is advocating proposes a maximum of 8,000 residential dwelling units, a 42% reduction from [he number of units allowed in the General Plan. The total acreage for the Specific Plan is 1,400 acres. As the land owner and developer of both the Lower Peters Canyon Specific Plan and Tustin Ranch, we share the City's goal- the residential development in Lower Peters Canyon should be compatible with Tustin Ranch. We believe the residential densities as now shown in the Lower Peters Canyon Refined Specific Plan meet that goal. Traffic Mitigation Much of our efforts with your staff have been focused on the methodology used' in the traffic analysis. Of particular concern to Tustin was that the city's most current General Plan land use data, within the Tustin city limits and sphere of influence, be incorporated into traffic forecasts. In the Refined Specific Plan traffic analysis, the city's data was incorporated and reflected in the traffic forecasts and final traffic mitigation measures. Regarding the traffic mitigation measures themselves, two of the major concerns the City had were that 1) E1 Camino be extended easterly of the Eastern Corridor in order to relieve traffic on Bryan Avenue and 2) an impact fee be assessed to Lower Peters Canyon for a contribution to Tustin's commuter rail station. The Refined Specific Plan does extend E1 Camino over the Eastern Corridor and will ultimately relieve traffic on Bryan Avenue. Additionally, per Tustin's request, the project will be conditioned to provide a fair share contribution to the commuter rail station including fundingi of up to $30,000 for Tustin's study of the rail station. It is important to note though, the County's traffic study and related mitigation measures did not assume a rail station. The "Fair Share" transportation obligations have not been adjusted to reflect traffic reduction due to the rail station. However, The Irvine Company has agreed to the rail station condition as finalized by the County planning staff. Beyond the E1 Camino connection, and the rail station, the Lower Peters Canyon Specific Plan includes numerous traffic mitigation measures that ensure the traffic generated from the project will be mitigated and that the traffic improvements will be phased to coincide with increments of development. As a sampling of the traffic mitigation measures, we've listed for your reference the following 100% funded improvements: Page Three Mayor Jim Potts April 25, 1995 Jamboree (I-5 to Bryan) - widen to 8 lanes Jamboree (Bryan to Tustin Ranch Road) - widen to 6 lanes Bryan Ave. (3amboree to Culver) - widen to 4 lanes Irvine Blvd. (Jamboree to Culver - widen to 6 lanes Portola Parkway (3amboree to Culver) - extend 6 lanes In addition, the project has been conditioned to pay .its fair share contribution to the cost of approximately 70 circulation improvements most of which will benefit the City including: Irvine Blvd. widening to 6 lanes (Prospect and Browning) E1 Camino Real widening to 4 lanes (Browning to Red Hill) Jamboree/Edinger grade separation Myford/I-5 overcrossing Red Hill Ave. (Edinger to North of Bryan) widening to 6 lanes Edinger/Red Hill intersection Parks The City of Tustih has expressed a concern regarding the number and location of parks in the LPCS. Of particular concern to the Council as expressed during the Tustin City Council's LPCSP study session on February 21, 1995, was the interface between Lower Peters Canyon parks and parks in Tustin Ranch along Jamboree Road. Several council members were concerned the Tustin Ranch Sports Park currently under construction would be impacted by the demand of future residents of the new development.. As the Refined Specific Plan demonstrates, the park planning has evolved and has incorporated several features which should be beneficial to Tustin. The Irvine Company has volunteered to increase the County's park requirement in the Refined Specific Plan substantially. Based on a 8,000 unit plan, using the County park code, the park requirement would be 45 acres. The Irvine Company has agreed to increase the total park acreage to 58.5 acres. The park system will include one community park, a variety of neighborhood parks and a 16.5 acre Special Use Park. The 16.5 Special Use Park will be located at the Ag Headquarters located on 3amboree Road and Irvine Blvd. directly across the street from Tustin Ranch. The concept for the park is to preserve the historic character of the Irvine family homesite and gardens as well as significant historic structures while providing park facilities including picnic areas, trail connections and parking. In addition, the adjacent area is being planned to allow for a middle school site and a county library to both complement the historic uses and provide a synergy between the various public uses. The County library was sited here in part to address Tustin's request that the library be located westerly of the ETC. Page Four Mayor Jim Potts April 25, 1995 Hotel and Motel Uses The Irvine Company acknowledges that the proposed amendment to the East Tustin Specific Plan Development Agreement specifies that the Irvine Company agrees not to construct a Hotel on its property located between Portola Parkway on the north, the ATSF railroad right-of-way to. the south, Myford Road to the west, and Culver Drive - to the east, for a period of ten years following the effective date of the agreement. Much of the property identified in this agreement falls within the boundaries of the Lower Peters Canyon Specific Plan. The Tustin staff has requested that the Lower Peters Canyon Specific Plan eliminate Hotel and Motel uses altogether. The County has been reluctant to eliminate Hotel and Motels as allowable uses .in the mixed use zone adjacent to the special use park. Therefore, The Irvine Company has advised both the County and Tustin staff that we would be willing to revise the East Tustin Development Agreement language to further clarify that the Hotel/Motel restrictions shall apply to Irvine Cgmpany properties, even if those properties are sold to others. County staff has acknowledged the Company's commitment to Tustin on this issue. Refined Specific Plan - I-5 ,Business Park In the City's letter to the County of Orange Planning Commission dated April 4, 1995, the City of Tustin stat.es: "The City of Tustin also strongly opposes Business Park as a land use...Introduction of this land use is not acceptable, no Business park uses of this magnitude are located north of the I- 5 in either the cities of Irvine or Tustin." While we acknowledge Tustin's concerns, we believe that the placement of business park in this location will provide an important buffer between the proposed residential community and the at-grade I-5 Freeway. Similar to our design for Tustin Ranch, the more intense commercial uses, i.e. the Tustin Market Place and the Tustin Auto Center were placed adjacent to the I-5, buffering the freeway from the residential community. Additionally, the Tustin Unified School District's preference is to locate the proposed high school within a business park environment versus being surrounded by primarily residential uses. The district believes the interface between the high school and a business park is more compatible and provides greater potential for school-business partn~erships. Environmental Document - CEQA Compliance In the City's April 4, 1995 letter to the County Planning Commission, the City states: Page Five Mayor Jim Ports April 25, 1995 "that there are sufficient differences between the Refined Plan and all the Alternatives evaluated in the DEIR that warrant additional environmental analysis such as a Supplemental EIR or at a minimum, recirculation of the Draft EIR which must include the Refined Specific Plan." The City letter goes on to identify other areas in which the DEIR is "flawed". Having worked closely together for many years, we know the City recognizes how hard The Irvine Company works to ensure that all our development proposals meet the strictest interpretations of all laws and regulations. Rather than the suggestion that the DEIR is flawed, we believe the City should conclude as we have, that the DEIR as drafted and circulated by the County of Orange is adequate and meets the intent of the State laws governing CEQA. Specifically, the primary concern raised by the City is that the project recommended for approval by the County's Planning Commission is a refinement on the project analyzed in the DEIR. The fact that the recommended project is a refinement of the County's original application is, we think, evidence of the proper function of the DEIR, rather than an example of any flaw in that process. As you know: "An environmental impact report is an informational document which...shall be considered by every public agency prior to its approval or. disapproval of a project. The purpose of an environmental impact report is to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which significant effects of such a project might be minimized; and to indicate alternatives to such a project." (Public Resources Code 21061.) CEQA even commands that a proposed project cannot be approved as proposed with significant environmental impacts unless changes have been made to the project to minimize those impacts, or there are overrid%ng reasons for the project's approval. (Id., 21081.) The DEIR has fulfilled its role as an informational document, and has provided the County with information that it has used to make changes in the County's original proposal that address significant issues. The County has considered whether the revisions proposed entail any impacts not considered in the DEIR, and concluded that they do not. The revisions here reflect that the process has worked as intended, as we hope you will also conclude upon reflection. Page Six Mayor Jim Potts April 25, 1995 I hope this letter has highlighted for you the many ways your concerns have been considered and addressed in 'the planning of Lower Peters Canyon Specific Plan. If you have any questions or issues you would like to further discuss with The Irvine Company regarding this project, please feel free to give me a call. Sincerely, Carol Hoffn~fn~'~ CHA/pma cc: Bill Huston, Tustin City Manager ~'~~~9~ Assistant City Manager Rita Westfield, Assistant Community Development Director