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HomeMy WebLinkAboutOB 4 LOU COMM PK T.R. 04-03-89TO: FROM: SUBJECT: .WILLIAM A. HUSTON, CITY PLANAGER COMIIJNIT~ DEVEI'OI)tlENT DEPAR11tENT AMENDMEIIT TO LETTER OF UNDERSTANDING CONCERNING THE COMMUNITY PARK FOR THE TUSTIN RANCH COMMUNITY RECOI~EIIDATIOII It is recommended that the City Council authorize the City Manager to execute a modification to the March 11, 1989 letter of Agreement with the Irvlne Company. BACKGROUND As the Council is aware, the City of Tustln and the Irvlne Company executed a letter of understanding dated March 11, 1989 regarding the relocation of a community park from Sector 11 to Sector 7 of the East Tustin Specific Plan to expand the .possible future high school in Sector 11 to include 40 acres. A copy of the subject letter is attached for reference. As part of the attached letter agreement, the Irvine Company agreed to provide a 2 acre private park in conjunction with the future subdivision of Lots 18 and and 19 of the Phase III Map (Tract 12870). The Irvine Company is now requesting a modification to the original letter of understanding to permit them to relocate the 2 acre private park obligation to be provided in conjunction with the subdivision of Lot 13 instead of Lots 18 and 19. The first sentence of item number 6 of page 3 of the letter of understanding would be revised to read as follows: "A 2 acre private park (the "Private Park") will be created in conjunction with the future subdivision of Lot 13 of the Phase III Map, and improved at Company's sole cost and expense, to replace the neighborhood park that was formerly to be located on Lot 16 on the Phase 111 Map." If the proposed change is acceptable to the Council, the Council should authorize the City Manager to execute an amendment to the original agreement in the format as attached. Christine A. Shlngleto~ Director of Community ~Fevelopment CAS:ts Attachment: Letter dated March 11, 1989 March 11, 1988 IRVIN~ COMMUNrrY DEV6LOPMENT COMPANY RECEIVED- ,rvlAt'~ 2 5 'i988 IRVINE COMMUNITY DEVELOPMENT COMPAI~ C i ty Counci 1 City of Tustin 300 Centennial Way Tustin, California 92680 RE: Letter of Understanding Concerning the Community Park for the Tustin Ranch Community Dear Counci lmembers: Consistent with the General and Specil~ic Plans., and zoning, for the Tustin Ranch Community, an approximately 16 acre community park and adjacent approximately 34 acre high school site were identified in Tract No. 12763. At the time Tract No. 12763 was approved, it was the hope, if not expectation, of the City of Tustin ("City"), The Irvine Company ("Company"), and the Tustin Unified School District ("District") that a joint use agreement could be successfully negotiated allowing the high school 'site and communit, y park to be used in. a complimentary manner. Despite best expectations, it does not now ~ppear that that hope can be achieved. The District has determined, that it requires unilateral control over at least 40 acres in order to ensure a successful high school program, whi.le the City has determined that it would need to retain design and use control over at least the 16 acres of the community park identified in Tract No: 12763 in order to ensure the efficient operation of. that park facility. These determinations have proved to be irreconcilable, despite attempts to reach a reconciliation. In order to achieve both City and School district objectives, some alternative solution needs to be identified that will separately provide the City with a conmunity park facility adequate to achieve its program needs amd provide the District with the opportunity of acquiring 40 acres for a high school, should a new high school be needed to serve future students from the Tustin Ranch Community and adjoining areas. To that end, City staff, subject to the concurrence of the City Council, has identified a potential solution to this problem which has been tentatively agreed upon by the Company. That solution would be to relocate .the community park from Lot no. 7 of Tract No. 12763 (the "Existing Park Site") into Lots 15, 16 and 17 of Tentative Tract Map. No. 12870 generally as shown on the attached Exhibit "A", and to expand the possible future high school site in Tract No.. 12763 to include 40 acres, with appropriate rezoning and reconfiguration of the impacted lots. Specifically, this would involve the following elements and understandings' 1. The City will expedite the processing of the Final Map for Tract No. 12870 (the "Phase III Map"), with the goals of hav{ng the Phase III Map considered by the Planning Commission on April 25, 1988, and by the City Council on May 2, 1988, provided that there has been compliance with all applicable conditions of approval contained in the resolutions approving Tentative Tract Map 12870. The City shall either not accept dedication of Lot 16 of the Phase III Map for neighborhood park purposes or otherwise take such steps as are necessary to return title thereto to Company as provided in-paragraphs 3 and 6 below. · 2. In~nediately following the City Council's approval of the Phase III Map, Company shall file .an application to resubdi vi de Lots 15, 16 and 17 to create a future elementary school site of no less than 10 acres, and a public community park of approximately, but not less than, 20 acres (the "New Park Site"), generally as shown on the attached Exhibit "A", which Company shall at its sole cost and expense cause to be rough graded, fenced, etc., as was require(l by conditions of Tentative Tract Map 12763 for the 16 acre park site. The City wil~l expeditiously process that application subject to compliance with all applicable City Codes related to subdivision processing. 3. The City shall expeditiously institute, and process appropriate proceedings necessary in order to return title to the Existing Park Site to the Company in exchange for the dedication of the New Park Site, and to cancel the June 30, 1987, Site Reservation Agreement, all pursuant to such procedures as may be required in accordance with applicable statutes as soon following the City Council's decision on the resubdivi~ion of Lots 15, 16 and 17 of the Phase III Map as is reasonably possible. 4. The Company shall file an application to resubdivide Lots 7 and 8 of Tract 12763, following the transfer of title to the Existing Park Site to the Company, into a 40 acre site, which would be the site of any future new high school to serve the Tustin Ranch Community (the "Expanded High School Site"), .and an approximately 10 acre site for medium high density residential use, generally as depicted on the attached Exhibit "B". The City will expeditiously process that application subject to compliance with.all applicable C~ty Codes re.lated to subdivision processing. 5. The City and Company shall cooperate in the initiation of amendments to its General Plan, Specific Plan, 'and zoning ordinances, including the development agreement for the Tustin Ranch Community, as may be required to implement this solution. ' 6. A 2 acre private park (the "Private Park") will be created in conjunction with the further subdivision of Lots 18 and 19 of the Phase III Hap, and improved at Company's sole cost and expense, to replace the neighborhood park that was formerly to be located on Lot 16 Of the Phase III Map. The combination of New Park Site and the Private Park will satisfy Quimby Act requirements equal .to 16 acres of community park and 4 acres of neighborhood park, and there will be no further requirements for parks or recreation facilities in Lots 13, 18 and 19 of the Phase III.Map. 7. The City will expeditiously resume processing final builder subdivision maps in Tract No. 12763 for action by the Planning Commission on Harch 14, 1988, subject to each builder complying with all applicable concLitions of approval contained in r. esolutions approving each tentative builder map. : The Company believes _that this solution can be achieved successfully for all interested parties. The Company recognizes that the City cannot commit in advance of the necessary public hearings to approve any map, adopt or amend any ordinance, or convey or acquire any property. However, the Company can commit to the City that it will use its best efforts to accomplish the foregoing components of this solution, subject to the concurrence of the City Council that the foregoing components should be pursued in the best interests of the public, together with the City Council's commitment to consider in geod faith the implementation of this solution in full cooperation with the Company. o The Company respectfully ~-equests that this solution be favorably considered by the City Council, that its City Manager be directed to acknowledge that acceptance by executing this letter of understanding in the space prov.ided and returning a copy to the undersigned. Sincerely, · . · C. Brsdley 01son President Irvine Community Development Company Acknowledged anJ Accepted Wi 11 iam A. Huston -' ' City Manager City of Tustin IRVlN CDMPANY _ March8, 1989 Mr. W~ism mmUm City Managmr 300 Centennial Way Tusti~, CA 92680 RE: MODIFICATTC~TO~ 11, 1988 L~'rr=KOF~IN~ The City of Tustin ar~ ~e Irvine ~ signed a letter of understandir~ last year conoern/z~ the relocation of the 16 acre ~ty park frc~ Tract 12763 to Tract 12870. A copy of that letter is atta~ for your convenient reference. Aftsr disomsions with City staff ~ devslo~ent of Tract 12870, it h~- beoce~ necessary to amer~ one sentence of the letter of ~. The purpose of this letter is to confiz~ that the first sentence of item number 6 on page 3 of the letter, is revised to read as follows: A 2 acre private park (the "Privat~ Par~') will be created in c~njunction with the further subdivision of I&fc 13 of the Pb~e III Map, a~d i~ at (~'s sole cost and expense, to replace the neighborhood park that was formerly to be located on'Lot 16 of the Phase III Map. to the City,' please so /xzlicate by signing the encloeed copy of this letter and returnin~ it to me. C. Bradley Olson Vice President William A. HUston City Manager City of TUstin 550 Newport Center Drive, P.O. Box I, Newport Beach, California 92658-8904 · (714) 720-2000 March 11,'1988 IRVlN~ COMMUNITY D~dL:LOPMe~T COMPANY RECEIVED- !Y!lt.[,~ 2 5 i988 IRVINE COMMUNITY .D£V£LODMENT COMPAN' C i ty Counci 1 -' City of Tustin 300 Centennial Way Tustin, California 92680 RE: Letter of Understanding Concerning the Community Park for the Tustin Ranch Community Dear Counci lmembers: Consistent with the General and Specil~ic Plans., and zoning, for the Tustin Ranch Community, an approximately 16 acre community park and adjacent approximately 34 acre high school site were identified in Tract No. 12763. At the time Tract No. 12763 was approved, it was the hope, if not expectation, of the City of Tustin ("City"), The Irvine Company ("Company"), and the Tustin Unified School District ("District") that a joint use agreement could be successfully negotiated allowing the high school site and community park to be used in a complimentary manner. Despite best expectations, it does not now ~ppear that that hope can be achieved. The District has determined, that it requires unilateral control over at least 40 acres in order to ensure a successful high school program, while the City has determined that it would need to retain design and use control over at least the 16 acres of the community park identified in Tract No; 12763 in order to ensure the efficient operation of that park facility. These determinations have proved to be irreconcilable, despite attempts to reach a reconciliation. In order to achieve both City and School district objectives, some alternative solution needs to be identified that will separately provide the City 'with a community park facility adequate to achieve its program needs and provide the District with the opportunity of acquiring 40 acres for a high school, should a new high school be needed to serve future students from the Tustin Ranch Community and adjoining areas. To that end, City staff, subject to the concurrence of the City Council, has identified a potential solution to this problem which has been tentatively agreed upon by the Company. That solution would be to relocate the community park from Lot no. 7 of Tract 'No. 12763 (the "Existi~ng Park Site") into Lots 15, 16 and 17 of Tentative Tract Map. No. 12870 generally as shown on the attached Exhibit "A", and to expand the possible future high school site in Tract No. 12763 to include 40 acres, with appropriate rezoning and reconfiguration of the impacted lots. Specifically, this would involve the following elements and understandings' 1. ' The'City will expedite the processing of the Final Map for Tract No. 12870 (the "Phase III Map"),- with the goals of having the Phase III Map considered by the Planning Commission on April 25, 1988, and by the City Council on May 2, 1988, provided that there has been compliance with all applicable conditions of approval contained in the resolutions approving Tentative Tract Map 12870. The City shall either not accept dedication of Lot 16 of the Phase III Map for neighborhood park purposes or otherwise take such steps as are necessary to return title thereto to Company as provided in-paragraphs 3 and 6 below. 2. In~nediately following the City Council's approval of the Phase III Map, Company shall file .an application to resubdivide Lots 15, 16 and 17 to create a future elementary school site of no less than 10 acres, and a public community park of approximately, but not less than, 20 acres (the "New Park Site"), generally as shown on the attached Exhibit "A", which Company shall at its sole cost and expense cause to be rough graded, fenced, etc., as was hequired by conditions of Tentative Tract Map 12763 for the 16 acre park site. The City wil,1 expeditiously process that application subject to compliance with all applicable City Codes related to subdivision processing. 3. The City shall expeditiously institute-and process appropriate proceedings necessary in order to return title to the Existing Park Site to the Company in 'exchange for the dedication of the New Park Site, and to cancel the June 30, 1987, Site Reservation Agreement, all pursuant to such procedures as may be required in accordance with applicable statutes as soon following the City Council's decision on the resubdivi~ion of Lots 15, 16 and 1.7 of the'Phase III Map as is reasonably possible. 4. The Company shall file an application to resubdivide Lots 7 and 8 Of Tract 12763, following the transfer of title to the Exis,ting Park Site to the Company, into a 40 acre site, which would be the site of any future new high school to serve the Tustin Ranch Community (the "Expanded High School Site"), and an approximately 10 acre site for medium high density residential use, generally as depicted on the attached Exhibit "B". The City will expeditiously process that application subject to compliance with.all applicable C~ty Codes related to subdivision processing. 5. The City and Company shall cooperate in the initiation of amendments to its General Plan, Specific Plan, and zoning ordinances, including the development agreement for the Tustin Ranch Community, as may be required to implement this solution. 6. A 2 acre private park (the "Private Park") will be created in conjunction with the further subdivision of Lots 18 and 19 of the Phase III ~lap, ancl improved at Company's sole cost and expense, to replace the neighborhood park that Was formerly to be located on Lot 16 of the Phase III Map. The combination of New Park Site and the Private Park will satisfy Quimby Act requirements equal to 16 acres of community park and 4 acres of neighborhood park, and there will be no further requirements for parks or recreation facilities in Lots 13, 18 and 19 of the Phas~ III Map. 7. The City will expeditiously resume processing final builder subdivision maps in Tract No. 12763 for action by the Planning Commission on hlarch 14, 1988, subject to each builder complying with all app]icable concLitions of approval contained in resolutions approving each tentative builder map. The Company believes that this solution can be achieved successfu)ly for all interested parties. The Company recognizes that the City cannot commit in advance of the necessary public hearings to approve any map, adopt or amend any ordinance, or convey or acquire any property. However, the Company can commit to the City that it will use its best efforts to accomplish the foregoing components of this solution, subject to the concurrence of the City Council that the foregoing components should be pursued in the best interests of the public, together with the City Council's commitment to consider in geod faith the implementation of this solution in full cooperation with the Company. o The Company respectfully requests that this solution be favorably considered by the City Council, that its City Manager be directed to acknowledge that acceptance by executing this letter of understanding in the space provided and returning a copy to the undersigned. Sincerely, /~ C. Bradley Olson President 1trine Community Development Company Acknowledged and Accepted City Manager City of Tustin March8, 1989 Mr. W liam minton City Manager CIOFTJSTIN 300 Cmntsr~l Way Tusti~, CA 92680' RE: MODIFICATI~ TO MARC~ 11, 1988 L=r~'~K OF UN~ERST~)ING ~%e City of Tusti~ a~d The Irv//le C~ sigr~d a letter of ~ last year ~ the relocatio~ of the 16 acre community park fru~ Tract 12763 to Tract 12870. A copy of that letter is attached for your convenient reft. After discussi~ with City staff regardir~ development of Tract 12870, it b~ become necessary to amend one serfce~ce of the letter of ~. ~he. purpose of this letter is to conf~ that the first senten=e of item number 6 on page 3 of the letter is revised to read as follows: A 2 acre private park (the "Private Park") will be created in conj~on with the furtbmr subdivision of Lot 13 of the Phase III Map, and improved at Company's sole cost and expense, to replace the neighborhood park that was formerly to be located on Lot 16 of the Phase III Map. If tb~ proposed c~ to the letter of understar~r~ is acceptable to the City, please so indicate by signing the enclosed copy of this letter and return/rig it to me. , C. Bradley Olson Vice President William A. Huston City Manager City of Tustin 550 Newport Center Drive, P.O. Box I, Newport Beach, California 92658-8904. (714) 720-2000