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HomeMy WebLinkAboutNB 1 T.R. COMM PARK STE 3-21-88TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL FROM: WILLIAM A. HUSTON, CITY MANAGER SUBJECT: LETTER OF UNDERSTANDING - TUSTIN RANCH COMMUNITY PARK SITE RECOMMENDAT ION: That the City Council authorize the City Manager to execute the attached Letter of Understanding with The Irvine Company. BACKGROUND: In connection with the approval of Tract No. 12763, the City accepted the dedication of a 16-acre community park site. The park site is adjacent to a 34- acre site reserved for a future high school. At the time the park site was accepted by the City, it was the City's expectation that the City and Tustin Unified School District would enter into an agreement for joint use of the 34- acre and 16-acre sites. The City and the School District are unable to reach a joint use agreement. In order to resolve 'the matter, the City has proposed that the community park be relocated to a 20-acre site within Tract No. 12870. DISCUSSION: The Letter of Understanding provides that The Irvine Company will dedicate a 20- acre site to the City. In addition, a 4-acre site identified in Tract 12870 as a City neighborhood park site will be deleted in exchange for a 2-acre private park to be improved at The Irvine Company's expense. Staff has analyzed the City's requirements for a community park-sports complex and feels that a 20-acre site will provide the facilities that would have been provided on the 16-acre site with joint use. Replacement of the 4-acre City park with a 2-acre private park is permitted by and consistent with the City's parkland dedication ordinance, the Recreation Element of the General Plan and the East Tustin Specific Plan. The proposed location of the 20-acre community park and a revised high school site are delineated on the exhibits attached to the Letter of Understanding. The Letter of Understanding sets forth the process for accomplishing the relocation of the community park, replacement of the neighborhood park with a private park and reconfiguration of the high school .site. William A. Huston WAH:jh Attachments IRVINE COMMUNITY D6V LOPMENT COMPANY March 11, {988 City Council City of Tustin 300 Centennial'Way Tustin, California 92680 RE: Letter of Understanding Concerning the Community Park for the Tustin Ranch Community Dear Councilmembers: Consistent with the General and Specific 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 appear that that hope can be achieved. The District has determined that it requires unilateral ~ontrol 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 "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. 500 Newport Center Drive, P.O. Box I, Newpod Beach, California 92658-8904 (714) 720-2380 A D~vis~on ol The Irvine Company 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. Immediately 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 required by conditions of Tentative Tract Map 12763 for the 16 acre park site. The City will expeditiously process that application subject to compliance with all applicable City Codes related to subdivision ~[ocessing. 3. The City shall expeditiously institute and process appropriate proceedings necessary in order to return title to the Ex~sting 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 resubdivision 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 City 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 cre~ted in conjunction with the further subdivision of Lots 18 and 19 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. The combination of New Park Site and the Private Park will satisfy Quimby Act requirements equal to 16 acres of community park and ~ 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 March 14, 1988, subject to each builder complying with all applicable conditions of approval contained in resolutions 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 CounciT's commitment to consider in good faith the implementation of this solution in full cooperation with the Company. The Company respectfully requests that this solution be favorably considered by the City Council, that its City Manager be directed to aEknowledge that acceptance by executing this letter of understanding in the space provided and returning a copy to the undersigned. Sincerely, C. Bradley Olson President Irvine Community Development Company Acknowledged and Accepted