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HomeMy WebLinkAboutOB 1 MOU PTRS CNYN PK 03-16-87DATE: MARCH 4, 1987 TO: FROM: SU BJ ECT: WILLI~J~ A. HUSTON, CIl~~ MANAGER A~INISTRATIVE SERVICES DEPARTMENT PETERS CANYON REGIONAL PARK MEMORANDUM OF UNDERSTANDING (HOU) RECOI~qENDATION: Approve, in concept, attached MOU. The document will come back to the Council for formal approval once the County has acted on it. BACKGROUND: As Council will recall, the MOU was approved March 3, 1986, to memorialize the County of Orange's .commitment that the City would participate in review and approval of park development and access plans. Since that time, some minor adjustments have been made to the Memorandum of Understanding. Staff finds it in support of the City's goals. As a courtesy, The Irvine Company is asking Council to approve it in concept prior to it going to the County. Once you have approved the MOU in concept, it will go to the County for formal ratification and then come back to you for formal execution. The East Tustin Plan provides for the park but does not delineate the boundries. Approximately one hundred twenty-five of the 360 acre park will be located within Tustin. The County has agreed that the City will participate in the planning of the park to insure that park facilities are compatible with the East Tustin Specific Plan. Royleon A. White, Director Community and Administrative Services RAW:I s Attachment 2-il-87 DRAFT MEMORANDUM OF UNDERSTANDING REGARDING THE DEDICATION OF REGIONAL PARK LANDS IN UPPER PETERS CANYON THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this day of 1986, by and between THE IRVINE COMPANY, a Michigan corporation (hereinafter referred to as "COMPANY"), and COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as "COUNTY"), respecting the following matters. RECITALS A. COUNTY is the public agency in the County of Orange with the responsi- bility for the planning and securing of sites for regional parks and has prepared an overall regional park master plan intended to serve the recreational needs of residents of the County of Orange. B. COMPANY intends to develop a substantial number of residential units over time on lands presently within the cities of Orange and Tustin and on lands in the spheres of influence of the cities of Orange and Irvine, which lands are described on Exhibit A (hereinafter referred to as the "LANDS"). C. The Upper Peters Canyon Specific Plan has been approved by the City of Orange, and the East Tustin Specific Plan has been approved by the City of Tustin. Both of said specific plans are in close proximity to the general area proposed for consideration as a regional park by the County of Orange Master Plan of Regional Parks and therefore it is, appropriate for COUNTY and COMPANY to pur- sue an agreement regarding the boundary and dedication of that regional park. D. The parties have consulted with the City of Orange, the City of Tustin, and the City of Irvine as to the compatibility of a regional park with their respective general plans and other land use objectives and their concerns and objectives have been incorporated in this MOU. E. COUNTY and COMPANY both wish to assure that the orderly development of the aforementioned residential units will include the provision of regional rec- reational areas and facilities to serve the recreational needs of the future residents. While the area of residential units has been correlated with the proposed boundary for the Upper Peters Canyon Regional Park area, it is recog- nized that residents on LANDS will use other regional recreational facilities as part of the COUNTY'S Master Plan of Regional Parks program and that residents of the COUNTY who reside in areas other than on LANDS will utilize the proposed Upper Peters Canyon Regional Park facility. F. COUNTY further acknowledges that, but for this understanding, dedication of the area described on Exhibit B (hereinafter referred to as the "PARK"),-PARK would have been deferred by COMPANY until such time as the resolution of the items identified herein had been finalized. G. The parties have met and discussed, and have reached an understanding respecting these matters, and now wish to memorialize that understanding in this memorandum. COUNTY and COMPANY intend by this MOU to set forth concepts to be included in an agreement.which satisfy the parties concerns regarding the dedi- cation of a regional park. 8111-002c -1- MEMORANDUM NOW, THEREFORE, the COUNTY and COMPANY have reached the following under- standing: 1. Park Area. The parties agree that the area described on Exhibit B (hereinafter referred to as the "PARK"), comprising approximately three hundred sixty (360) acres, is the area best situated to serve the regional park needs of residential development on the LANDS. 2. Regional Park Requirements. The parties agree that the park represented on Exhibit "B" fulfills the County Regional Parks Master Plan in relation to residential development on the LANDS and that County will not require further regional park dedications in relation to development of the LANDS shown on Exhibit A; provided, however, that this understanding in no way limits COUNTY's ability ~o expand the PARK with COUNTY's own financial resources. 3. Arterial Highway Boundary. The parties agree that a portion of the proposed road identified on Exhibit B as the North-South Arterial shall form a PARK boundary, provided the final alignment as constructed is within two hundred fifty (250) feet of that shown on Exhibit B. The parties acknowledge that final alignment of the North-South Arterial may not be known prior to dedication of the PARK and a method of determining the PARK boundary adjacent to the North-South Arterial will be determined in the agreement referred to in Paragraph 11. The parties further agree that grading necessary to construct said highway is compatible provided slopes are excluded from park boundaries by adjustment. 4. Road Facilities. The parties understand that the PARK is in close proximity to existing and proposed urban development, including the Eastern Transportation Corridor and other road facilities and find that such development is compatible with the creation of the PARK and facilitates access to the PARK. The parties further recognize that the proposed route alignment alternatives for the Eastern Transportation Corridor are preliminary and could be modified in such a way as ultimately to affect the PARK boundaries or PARK design. COUNTY has agreed that PARK will not preclude any alignment alternative for any road facility along the periphery of the park, including the Eastern Transportation Corridor and associated interchanges. 5. Park Uses and Planninq. The parties agree that the location and natural resources of the PARK are best suited to the development of a park with low intensity recreational facilities which are compatible with the natural environ- ment and existing and proposed development adjoining the PARK. COUNTY further agrees to consult with COMPANY, the City of Tustin, and the City of Orange with respect to the PARK GENERAL DEVELOPMENT PLAN which will identify the overall concept and design of PARK uses and their relationship to adjacent areas including PARK access and to submit the PARK GENERAL DEVELOPMENT PLAN and PARK access plans to the Cities of Tustin and Orange for review and approval prior to the construction' of any facilities. Provided, however, that, following the aforesaid review and approval of the PARK GENERAL DEVELOPMENT PLAN by the cities of Tustin and Orange, County shall have sole authority over the preparation of final park construction plans in conformance with the PARK GENERAL DEVELOPMENT PLAN and the actual implementation of such plans. 8111-002c -2- 6. Miti§ation Bank. COUNTY acknowledges that marsh and other habitat located within PARK as generally shown on Exhibit C will ultimately be dedicated by COMPANY in part for the purposes of mitigating unavoidable adverse impacts on riparian habitat in Peters Canyon Wash and its tributaries on LANDS. It is intended that said habitat area function as a consolidated mitigation area (i.e. as a "mitigation bank") for individual development projects on LANDS to be used in lieu of on-site project mitigation. COUNTY agrees to preserve existing habitat within PARK where feasible and to allow COMPANY at its sole cost to enhance and/or restore habitat areas as mitigation as required by government agencies. The parties agree to work cooperatively to define potential habitat mitigation areas in a manner not to preclude COUNTY'S ability to use PARK for park and recreation purposes. 7. Easements. COUNTY agrees to allow COMPANY or appropriate public agen- cies to reserve easements within the PARK for flood control, water retention/ detention basins, drainage utilities, emergency fire access, and other similar purposes, which easements are required in the course of land development to complete residential development on the LANDS abutting the PARK. The parties agree to work cooperatively to locate such easements so as not to preclude COUNTY'S ability to use PARK for park and recreation purposes. The parties further agree that approximately ZOO acres which are located within the PARK boundary as shown on Exhibit "D," will be used as a retention basin. 8. Water Storage Rights. COUNTY agrees to allow COMPANY to reserve rights to continue to use Upper Peters Canyon Reservoir for water storage for agricul- tural and ~flood control purposes. COMPANY and COUNTY will work cooperatively to define such rights so as not to preclude or seriously impair COUNTY'S ability to use reservoir for park and recreation purposes. 9. Park Development. The COUNTY agrees to appropriate necessary park plan- ning and improvement funding and to accept PARK dedications and construct PARK facilities as soon as feasible after offers of dedication are made by COMPANY and after all conditions of acceptance for such offers, if any, are satisfied. 10. Early Dedication. The parties agree that the understandings reached in this Memorandum provide the opportunity for an early dedication of PARK by COMPANY. The parties have further agreed that early dedication by COMPANY and early acceptance and development of PARK by COUNTY is of mutual benefit. 8111-002c -3- 11. Dedication Aqreement. In furtherance of these understandings, and to accomplish creation of the PARK, the parties agree to work expeditiously in good faith to pursue a specific park dedication agreement embracing the concepts out- lined in Item 1 through 10 above. THE IRVINE COMPANY By Thomas H. Nielsen President By Monica Florian Vice President COUNTY OF ORANGE By Chairman of the Board of Supervisors 8111-002c -4- The City of Orange and the City of Tustin by their signatures below acknowledge the'terms of the foregoing Memorandum of Understanding (MOU) between the County of Orange and The Irvine-Company and each deems the MOU consistent with its applicable City goals. The undersigned acknowledges ~he benefit which accrues to each of them under the MOU and agree to participate in the review and approval of any PARK development plans ~ubmitted to them as provided herein and to cooperate to accomplish the PARK. THE CITY OF ORANGE THE CITY OF TUSTIN By By Mayor Mayor 8111-002c -5- /' .... /-. .,.¢'.- .¢/ % -' ~.UPPER PETERS ,$PECIFIC'i=LAN'i ...... ' '(City of'~)ra~ge i: · ;:.:, ... , ',.: %'.. :, 42 3f ~t, Exhibit 'A" LANDS JANUARY 1987 Exhibit PARK BOUNDARY LEGEND FRESHWATER MARSH RIPARIAN 0 33 ROAD FACILITIES & HABITAT AREAS E x h i b it ' C' ~?~ ©~HV©~ {~[~©H~L POTENTIAL FLOOD RETENTION AREAS Exhibit ~_ANUARY 1987