Loading...
HomeMy WebLinkAboutNB 1 MOU PTRS CNYN PK 3-3-86 Inter- Com February 24, 1986 TO: FROM: SUBJECT: William A. Huston, City Manager Director of Community and Administrative Services ' PETERS CANYON REGIONAL PARK MEMORANDUM OF UNDERSTANDING RECOMMENDATION That Council approve the attached Memorandum of Understanding (MOU} in order to memorialize the County of Orange's commitment that the City of Tustin will participate in review and approval of subject park development and access plans. BACKGROUND As Council is aware, discussion has been continuing for more than eighteen months between the City of Orange, the County of Orange, the Irvine Company, and the CitY of Tustin regarding Peters Canyon Regional Park. Mayor Greinke has been actively involved in these discussions, and it appears that we have finally reached an agreement. The East Tustin Specfic Plan provides for the park but does not delineate the boundaries. Approximately 100 acres of the 360 acre park will be located within Tustin. (Initially, the County had proposed that the park be 800 acres.} The County has agreed that the City will participate in the planning of the park to ensure that park facilities are compatible with the East Tustin Specific Plan. The only amendment that city staff has suggested is on page 2 of the Memorandum of Understanding, whereby we add the words "and access" twice. This isFnoted on your copies which are attached. With this amendment, the sentence reads: '"COUNTY further agrees to consult with COMPANY, the CITY OF TUSTIN, and the COUNTY OF ORANGE with respect to park development and access and to submit the park development and access plans to the cities of Tustin and Orange for review and approval prior to the construction of any facilities." Staff feels that this is a strong commitment that the City will have approval . over not only type of development but access to the regional park. The County of Orange and The Irvine Company are also in agreement regarding this amendment. RAW/kaw Attachments: 1. Draft Memorandum of Understanding 2. Lands 3. Park Boundary MEMORANDUM NOW, THEREFORE, the COUNTY and COMPANY have reached the following understanding: 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 LANOS. 2. Zone of Benefit. The parties agree that the park represented on Exhibit B is ~ufficient to serve the regional park needs projected to be generated by the residential units (hereinafter referred to as the "OEVELOPMENTS") on the LANOS, and accordingly, the parties agree that COMPANY will not be asked to dedicate any additional acreage to serve regional recreation needs generated by OEVELOPMENTS on the LANOS. 3. Arterial Highway Boundary. The parties agree that a portion of the proposed road identified on Exhibit B as the North-South Arterial may 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 with and may be located within the ultimate PARK boundary. 4. Road Faciiities. 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 co~atible 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, as set forth in Exhibit C, are preliminary and could be modified in such a way as ultimately to affect the PARK boundaries or PARK usage. COUNTY has agreed that PARK will .not preclude any alignment alternative for any road facility, including the Eastern Transportation Corridor and associated interchanges. ~ Park Uses and Planning. The parties agree that the location and natural reso~ces of the PARK are best suited to the development of a park with low intensity recreational facilities which are compatible with the natural enviromnt 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 PARK development/~and to submit PARK development)~plans to oftheanyfacilities.Cities of Tustin and Orange forrevi~4w_and...~~c~~approval prior to the co~truction~Lc:c.4~l<~ 6. Mitigation Bank. COUNTY acknowledges that marsh and riparian 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 -2- r~lparian habitat within PARK where feasible and to allow COMPANY at its sole cost to enhance and/or restore said habitat as mitigation as required by government agencies. The parties agree to work cooperatively to define and implement such a mitigation bank 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 agencies to reserve easements within the PARK for flood control, water retention/detention basins, drainage utilities, emergency fire access, fuel modification 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. 8. Water Storage Rights. COUNTY agrees to allow COMPANY to reserve rights to continue to use Upper Peters Canyon Reservoir for water storage for agricultural purposes. COMPANY and COUNTY will work cooperatively to define such Mights so as not to preclude or seriously inq0air COUNTY'S ability to use reservoir for park and recreation purposes. 9. Park Development. The COUNTY agrees to appropriate necessary park planning and i~rovement 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. 11. Dedication Agreement. 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 outlined in Item 1 through 10 above. The parties further agree that such agreement will be executed as soon as possible after final City of Tustin approval of the East Tustin Specific Plan and Development Agreement. ll4E IRVINE COMPANY By Thomas H. Nielsen President By Montca Florian Vice President COUNTY OF ORANGE Chairman of the Board of Supervisors -3- of Orange and The Irvine Company and each deems the MOU consistent with its applicable City plans and policies. The underslgned acknowledges the beneftt which accrues to each of them under the MOU and agree to participate tn the review and approval of any PARK development plans submitted to them as provided herein and to cooperate to accomplish the PARK. ~E CITY OF ORANGE THE CITY OF TUSTIN By By Mayor M~yor -4- Exhibit ~' PARK BOUNDARY Peters Canyon Regional Park ~/.~NE ~--"'. PLANNIHG, AR EXHIBIT 'A"