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HomeMy WebLinkAboutCC 14 LDSCPE AGREE 05-19-86TO: FROM: SUBJECT: tlILLIAN A. HUSTON, CITY MANAGER COI~UIilTY DEVELOPMENT DEPARTMENT REVISED LANDSCAPE AGREENENT, TRACT 12345, EAST TUSTIN PHAsE I RESIDE~I'IAL APPLICANT: LOCATION: THE IRVIIIE COMPAIrf AREA BOUNDED BY INTERSTATE 5, BRO#NING AVENUE, BRYAN AVENUE AND ,]NiBOREE ROAD EXTENDED RECOI~IENDED ACTION: Counctl direct the Mayor to execute the revised Landscape Maintenance Agreement (Exhibit "C"). DISCUSSION: On May 5, 1986, the City Counctl approved Ftnal Tract Map 12345 by the adoption of Resolution No. 86-55. Included with this map was a landscape maintenance agreement for common landscape areas (lettered lots) and certain areas in the publtc eight-of-way. The Mayor executed this agreement but The Irvtne Company has subsequently requested minor changes to the wording of the agreement. The City Attorney has reviewed these changes and has determined that they do not affect the intent of the agreement, and that the agreement sttll meets the requirement of Conditions 1, 2, and 7 of the Tentative Tract resolution approval recor long with (No. 85-68). This agreement will be Final Map. Director of'Communi ty Sent or Planner Development EMK:pef Attachments: Landscape Maintenance Agreement (Exhibit "C") Resolution No. 85-68 LANDSCAPE MAINTENANCE AGREEMENT THIS.AGREEMENT is entered into this day of May, 1986, by and between the CITY OF TUSTIN, a municipal corporation ("City"), and THE IRVINE COMPANY; a Michigan corporation ("Company"). RECITALS A. This Agreement concerns all of that real property owned by Company as shown on Tract Map No. 12345 ("Map"), and as further describ~ in Exhibit "A" attached hereto and incorporated herein by this reference. B. The Conditions of Approval of Tentative Tract No. 12345, as approved by the City Council of the City by Resolution No. 85-68, passed and adopted July 15, 1985, and a Condition of Approval of the Final Tract Map No. 12345, as approved by the City Council of the City by Resolution No. 86-55, passed and adopted May 5, 1986 (collectively "Conditions"), require that provision be made for the ownership and maintenance of certain landscape areas. C. It is the desire and intention of the parties hereto to provide for such ownership and maintenance of landscape areas as' shown on the Map to .satisfy the Conditions. NOW, THEREFORE, in consideration of the promises and mutual covenants herein and expressly for the benefit of, and to bind, their respective successors in interest, the parties hereto agree as follows: 1. Lots A through S and Lot 8 as shown on the Map are sometimes referred to herein as the "Landscape Property." With the exception of Lots G, H and 8, the Landscape Property shall be owned and maintained by the Company or a developer, homeowner's association or other entity to which all or a portion of the Landscape Property shall be conveyed, or to which the maintenance obligations described in the Conditions shall be assigned and accepted by appropriate documentation. All lots within the Landscape Property which are not to be maintained by a developer, homeowner's association or other entity shall continue to be maintained by the Company. 2. The City has a§reed to maintain Lots G, H and 8 until completion of the Browning Avenue Overpass, or until a final decision is made not to construct such overpass. Upon the occurrence of either of the above events, Lots G, H and 8 shall be owned and maintained in the same manner as provided in paragraph 1 for the remainder of the Landscape Property. 3. Those areas shown on the Map within the public right-of-way between the curb and meandering sidewalks (the "Curb Areas") in or adjoining the Landscape Property and those areas within the public right-of-way between the back edge of the sidewalks and the property lines ("Sidewalk Areas") shall be maintained by the adjacent landowners, or by a developer, homeowners' association or other entity. The Company shall ensure, by appropriate documentation, that such maintenance obligations described in the Conditions are assigned to and accepted by, any such party; or, in the alternative, the Company shall discharge such maintenance obligations. 4. The flood protection berms ("Be£ms") shall be owned and maintained by the Company or a developer, homeowner's association or other entity to which all or a portion of the Berms will be conveyed, or to which the maintenance obligations described in the Conditions shall be assigned and accepted by appropriate documentation. Those Beams not maintained by a developer, homeowners' association or other entity shall continue to be maintained by the Company. 5. The obligations of the Company imposed by the Conditions may be transferred to, assigned to and assumed by a developer, homeowners' association or other entity whether or not (a) there is a conveyance of Lot(s) (as shown on the Map) and (b) if there is such a conveyance, the inst~ent of conveyance by which the transferee acquired its interest refers to this Agreement. The documentation ("Documentation") evidencing such assignment, assumption and transfer shall also provide that the assignee/transferee shall remain obligated to satisfy such Conditions until such time as a homeowner or other co~',~unity association shall have assumed such obligations pursuant to a recorded set of covenants, conditions and restrictions running with the land, or portion thereof (shown on the Map) and binding all future owners thereof. A copy of the Documentation shall be provided to City's Director of Community Development. In the event of any such assignment/transfer by the Company in accordance with this Agreement, the Company shall be released from all obligations imposed by the Conditions to the extent so assigned and transferred. 6. The execution and adherence to this Agreement shall constitute satisfaction of the Conditions by the Company. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE IRVINE COMPANY, a Michigan corporation By: C. Bradley Olson Vice President By: Tom Sakai Assistant Secretary CITY OF TUSTIN, a municipal corporatio~ By: Mayor ATTEST: City Clerk, City of Tustin APPROVED AS TO FORM: 1 ? 9 10 11 12 15 16 15 19 20 25 25 RESOLUTION NO. 85-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE TRACT MAP NO. 12345 City Council of the city of Tusttn does hereby resolve: 'The City Council finds and determines as follows: That Tentative Tract Map No. [2345 was submitted to the City Council by Montca Flor, an on behalf of The Irvine Company for the purpose of creating, a 27 lot {8 numbered and [9 lettered) subdivision from a portion of lots 21, 22, 27, 28 of Block 44 of Irvine's subdivision as shown filed in' Book 1, page 88 of Miscellaneous Record Maps, in the office of the County Recorder of said Orange County, California. B. That a public hearing was duly called, noticed and held for said map. That an Environmental Impact Report has been prepared in conformance with the requirements of the California Environmental Quality Act for the subject project, and has been certified by the adoption of Resolution No. 2223. De The proposed subdivision is in conformance with applicable ordinances, policies and standards of the city of Tusttn, evidenced by the following findings: That the proposed map is consistent with the Tusttn Area General Plan. e That a Development Plan with Planned Community Zoning regulations has been adopted for this project, and this map is in conformance with the Plan and regulations. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. That an ordinance requiring the dedication of land for parks is in conformance with the Recreation Element of the Tusttn Area General Plan. That pursuant to state law, Tusttn Unified School District was forwarded Tentative Tract No. 12345 to seek the District's determination of school facility need based upon projected student population. FILE COPY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 20 21 22 23 25 26 27 28 Resolution No. 85-68 page t~o Ge The Tusttn Unified School District requests conditioning of Tentative Tract No. 12345 causing the subdivider to provide said district with both interim classroom facilities for the Tustin High School campus and payment of fees to refurbish the Utl~ Intermediate School prior to recordation of a final map or creation of a building parcel. That Tract No. [2345 may create conditions of overcrowding within the'Tusttn Unified School District attendance area, but such finding by the District Board of Trustees has not been "supported by clear and convincing evidence" in the District's Resolution No. 01-02-85 pursuant to Government Code Section 65971. Should documented evidence be submitted by the District supporting their findings in Resolution No. 0~-02-85, specifically attributable to Tract No. 12345, the developer shall be responsible for mitigating overcrowding conditions by providing interim classrooms and related facilities pursuant to Government Code Section 65974 at such time development occurs. Until such time, the Tustin Unified School District should continue to examine available options as granted by state law and outlined in Final EIR 84-3. The applicant/developer (The Irvine Company) shall assist and work with the School District in evaluating these options, and submit a report to the Planning Commission within 30 days of approval of this tentative tract outlining feasible mitigation measures for documented overcrowding within the Tusttn Unified School District attendance area. That under the School Facilities law, Government Code Section 65970 et. seq. developer fees are limited to mitigating conditions of immediate overcrowding and can only be imposed after all other reasonable methods of mitigating conditions of overcrowding have been evaluated and found infeasible by the District which has not yet been done. That under the School Facilities law, residential projects can only be conditioned upon the payment of a specific fee amount reasonably related and limited to the need for schools caused by the project, and fees collected can only be used for temporary facilities (maximum of five years) whereas the District's request is not so limited. That approval and recordation of Tract No. 12345 is not the final discretionary approval for this project. Additional maps will be required prior to construction of single family detached and attached homes, and as a result adequate opportunities exist for the district to explore all reasonable methods and funding sources for mitigating the impacts of this project on the District school system. 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 16 17 18 10 20 21 22 23 2~ Resolution No. 85-68 page three II. The City Council hereby approves Tentative Tract Map No. 12345, subject to conditions outlined in Exhibit ,"A" and made a part of this Resolution. PASSED AND ADOPTED at a regular meeting of the Tustin City Council on the lSth day of July , 1985. FRANK H. GREINKE, Mayor Attest: Mary E.~' nn, City Clem EXHXBZT "A" CONDZT~OHS OF APPROVAL TENTATTYE TRACT I, tAP NO. 12345 Approval of Tent,3ttve T~ct Hap No. 12345 ts subject to t~e following conditions. These. condltJons shall .be sattsfJed prtor to final map recordation tf not otherwise dete~,~ned by C~W s~ff ~ ~ sattsft~'af~ ~p recordation: 'P~ovtston for landscape ~tn~nanca and ~nershtp of Lo~ A ~rough S; ~t~ ~e exception of Lot ~, ~, and 8, whtch wtll ~ ~tn~atned by ~e ctW, ~ ~ ~e respons~btlt~ of ~e adjoining ho~ners' assocta=tons, tf not tncluded wtt~tn a lighting/landscape ~tn~enance dts~ct. T~e ctW shall ~ responsible for Lo~s G, ~. and 8 only un~l the Br~ntng Avenue ove~ass proposal ts finalized. 2. Landscape mtn~nanca ~spons16111~ for ~ose a~as wtthtn ~e publlc ~tght~ay be~n ~e curb and Mande~ng sl~alks shall not becoM the ~sponstbt11~ of ~e Ct~, except Lo~ ~ and H. ~ese areas shall be tncluded wt~tn ~e utn~nance of adjoining ~o~ A ~roug~ S, excepting Lo~ ~ and H, shall ~ for ulttm~ mtn~flanca by ~ ~o~ners' assocta~on or 11g~lng/lands~ mtn~nan~ dtst~c~. T~ c~ sha]l be ~s~onstbla for Lo~ ~ and. H only until ~e Br~ntng Avenue ove~ass ts ~tnaltzed. 3. Con~ol da~ shall ~ es~bllsh~ ~ adequa~ly dellnea~ ~e sou~erl~ ~ct ~un~ wl~ .~sp~t ~ ~ght-of~ay needs for ~e following t~rovemn~: a. SanU A~ f~ay widening. J~o~ R~d tn~rc~ange. c. Collector dts~tbuto~ roads ~or fu~ Easta~ Corrtdor/]-S connec~on. The ~pt~ s~tton (~) on ~e up tndt~s a dts~nce of 230 + feet fr~ f~ay cefl~rltne ~ t~ct bounda~. T~e scaled dls~nces Tn ~e plan vt~ ~c~tofl of ~e mp ~flec~ a ~nge of ~75 + ~t. ~ 2~S + ~t. ~e p~11~na~ ~ay g~trtcs deltne~ a need ¢o~a scal~ dt~nca of ~75 + ~t mxt~m ~o~ ~e proposed fre~ay wldefltng and a northbound ofl-ram~o~ ~e Ja~oree Road ln~rc~ange. These nffds shall ~ clarified at the earltest ~eastble da~ prtor ~ map ~co~datton. Thts clarification wtll also ~ needed ~or the de~r~natton of ~e Laguna Road a11gn~nt/~ocatlon. 4. Dedication of adequa~ rlght-o~ay shall ~ provtd~ on Lots 3 and 4 to acco~da~ ~e ~ea~st ex~nt of H g~t-of~ay requtreMnts for the J~bor~ R~d/Zn~rs~ 5 tn~rc~ange as dete~tned by t~e ~ng~n~. Butldtng Pe~ts wtll not be Issued fo~ any s~uc~re on Lot 4 and ~e sou~ern portton o~ Lot 3 as de~tned by the Country Developmnt Dlrec~r and Ct~ ~ngtfleer~ untt~ suc~ ttM the ult~te ~ght-of~ay flffds have been deta~ned. Any decrease tn area ~or Lots 3 and 4 from ~at sh~n on ~e ~n~ttve ~p w11] result In an equaltva~ent decrease tn ~e number of ~el~tng untts. Community D~velopmen~ Departmen~ Conditions of Approval Tentative Tract ~1o. 12345 page Prep&ration and sub,ritUal of & ftnal g~adtng .plan delineating the fo11 ~t ng 1 nfor~tlon: Ce Ftnal street elevations at.key locations. Ftn=l pad/finish floor elevations and key elevations for all g~dtng,' All ftnal pad elevations ~ ~ a mtnl~ of ~.0 ft. above ~e ~se ~ood elevation as ~f~ned by ~. Locatton and e~ev&tlons of all flood p~tec~on be~ ~elatK T~a~ ~o. ~2345. ' Prepa~.lon of a sedlmen~tton and eroston con~'ol plan for all const~ucl'.ton work r~la~ad' ~ T~ct ~1o. :~2345. Provision for maintenance and o~nershlp of ~e flood pro~ectton be~s and assocta~d landscapfng ~ be ~e responstbt1~ of the ~d~otntng horniness' association, l~gh~tng/landscape mtn~nance dts~ct and/o~ ~e ctW of Tus~n, vt~ satd de~a~na~ton ~ be ~de prior ~ ~ecordtng the ftnal Provision for Irrevocable e~sement$ for t~e ~equtred ta~m of a11 flood pro~a'ctton bergs tn.favor of ~he adjoining Association and/or ~e ct~y of Tusttn, vlth satd de~e~atnatlon ~o be made p~lor ~o recording ~he final map. Annexation of land wt~htn ~ts development tn~o an appropriate street 11ghttng dls~'tct ~o provtde for on~otng mtn~nanca and energy cost of satd P~eparatton of plans for and construction of fu;~ l~ve~n~ for s~e~s ~tt~tn ~e ~unda~ of ~td ~ct ~p. ~ese t~rove~n~s shall ~nclude ~e wtdentng of ~e eas~ly half of B~nlng Avenue, ~e sou~e~ly half of 8~an Avenue ~ t~ ul~tm~ a~tgn~n~ and all ~equt~ed ~nst~ons, and S~ A and B. ]~ove~n~ wtll Include, but not 1t~d ~, ~e fo~l~tng as ~a~ned by ~e CtW Engineer: Curb and gut'cer/cros$ gut'cers $tde~&lk Ortve aprons $~'eet pavtng Street stgntng and s~tp~ng Landscapl rig/fact ] t ~t es San1 ~ ~e~ ~tca fact~ ttt es Do~s~lc wa~ se~lce fact ] ~ ~t es Rec] at~d wa~e~ se~tca fac~ ] 1 ~t es Gas, elec~tc, ~ephone, cable ~.v. fact~t~tes T~afftc stgnal fact~t~tes - Laguna Rd./Ja~o~ee Rd. - 25~ of cos~ * B~an Ave./Oambo~ee Rd. - 66 ~/3 [ cos~ B~an Ave./B~owntng Ave.- 50S of cos~ 8~ntng Ave./Laguna Rd.- 33 1/3~of cost Corn rnuniry Development Department Conditions of Approval Ten'ca'tire Trac~ 12345 page ~ree 'Exist, lng pertma'car s~z'ee~',s. Br~ntng Avenue and B~n 'Avenue, shall slu~ seal coa~d ~e ~ull pave~n~ wfd~h ~om curb ~ace ~ cur~ ~aCe pr~or ~ res~lptng ~e wtdened s~ree~ ~ve~n~. P~epara~on of plans for and construc~l~'of all sant~ s~er facilities · as .~qut~d by ~e Ct~ (ngtn~r. T~ese facilities s~all tnclude a ~avt~ 71~ sys~ pursuan~ Ots~c~. ~dt~ton of ~11 ~qutred s~ee~ and f~ood con~ol ~gh~-of~ay as deft~ ~ ~e Ct~ (rig1 n~r. Plac~n~ of 'all above ~ound r~ay appu~nances suc~ as s~gntng. s~ 11gh~ and ftre ~dran~z ~nd ~e std~lk when satd sidewalks ~ cons~c~ ad~acen~ ~ ~ curb. P~epa~a~ton of plans for and cons~c~lon ~e s~ndards of ~e ]~tne Ranc~ ~r~ca. w~tc~eve~ ts ~pplt~ble at ~e ~ of plan p~e~ara~ton. Any ~qut~' reclat~d wa~r ~s~ shall ~ ~ns~uc~d ~ ~e ~qulred s~ndar~ of ~e ]rv~ne Ranch Hair P~epa~a~ton afa hydrolo~ and hyd~ullc s~dy of '~e ~tbu~ ares t~ac~tng ~e proposed ~velop~n~. P~para~lon of plans for and cons~c~on of all s~o~ dratn .factlt~tes as ~qut~d ~y ~e Ct~ (ng~n~ and Call, ns. when applicable ~nd ~r~tntng ~ ~etr fact lt~1es. Cazh/su~ 'deposit. tf ~emd necessa~ ~cons~uc~ton of S~ "~" ~ locations ad~acen~ ~o ~ora~ f~ood pro~c~ton ~ng ~ ~ r~ay tn~ertm proftles ~ long ~ ~ades w~en be~ a~-no longe~ ~qutr~ for f~o~ pro~c~ton purposes. Dedication of all ve~tcul~r access r~gh~ ~o Jamboree ~oad. BrTan Avenue and Br~ntng Avenue excep~ at designated s~ee~ openings. Dedication of all ve~tcul~r a~cess rtgh~ ~o Laguna ~d. except a~ approved d~tv~ay openings. ~ ~stgna~d on ~e final develop~n~ s~e p~n sub~ec~ ~ ~e Ct~ ~n~n~r's approwl. ~ese~va~on as de~r~ned by for fu~ ]n~ers~ 5 San~ Aha f~e~ay ~tdentng. 20. Relocation of ~e sub-g~ade fuel 11ne fact~t~y s~tsf~c~ton of t~e Ct~ (ngtneer and ~e San Dtego Ptpellne Co,any. ~e~val of ~e a~andoned ratlroad right-or,ay ease~n~ w~tn ~e ~ac~ bounda~. Community Development Depanmen: Conditions of Approval Tentative Tract 123¢$ page four 22. 23. 24. 25. 26. Payment of all requtred Orange County Sanitation Otstrtct I~o. 7 sewer coneection fees that may be ~qut~d ~s · ~su]t of '~ In.rim connection ~ ~e ~ts~tct 7 facilities, ~t ~e ~ tnttla~ but]dtng ~tta ~re tssued. Prior to the recordation of & final map for any portion of, or all of the land delteeated tn Tenlbltive Tract ~o. 12345, ~e subdivider shall en~r tn~ an ag~mnt ~t~ ~ c1~ of Tustin for participation tn a fee proem (tf adop~d by ~e Tustin CtW ~un~) for t~]e~n~tion of ~e Eas~rn/Foo~tl~ Transpor~on Cor~dor. Satd agr~nt sha~l provide a® The fee shall not' exceed that amount as established by the nine participating agencies wtthtn the area of benefit. Subdivider or Butlde~ obligations to pay fee would only commence after the ci.ty establishes a fee program but not prior to tssuanca of but 1 dtng permt ts. c. Subdivider or Bullder obligations to pay fee would cease tf the fee program were not established w4thtn three years of the issuance of butldtng permits or recordation of f~nal tract map. As detailed in the Final £nvtronmental Impact Report Ho. 84-3, an earth berm topped w4th a masonry ~all shall be constructed along the Interstate 5 freeway right,of-way of Lots 3, 4, $ and 7 where directly exposed to the freeway as determined by city staff. The final cross section design, height and. construction materials shall be determined by an acoustical engtnear subject to city Planntng Commission approval prior to construction of the buffer or tssuance of any butldtng permtt on these Pursuant to Ctty Code, the ne~ development tax sbe11 be paid prtor to recordation of future butlder subdivision maps on any Individual Lot or at butldtng permtt tssuanca where'a future subdivision map ts not required. Tract Ho. 12345 may. create conditions of overcrowding within the Tustin Untried School Ols~rtct attendance area, but such finding by the Dtstric~ Board of Trustees has not been "supported by clear and convincing evidence" tn ~e District's Resolution ~o. 0~-02-85 pursuan~ te *Governmen~ Code Section 65971. Should ~cu~nted evtdence ~ submitted by ~e Dt s~ ct supporting ~et r ft nd1 rigs ~ n Reso 1 uti on ~o. 01-02-85 specifically ~ribu~ble ~ Trac~ ~o. ~2345, ~e developer shall responsible for ~tig~ttng overc~dtng conditions by providing interim Communi~/ Dev~topmont Department Condt.ttons of Appr°val Tentative Tract 12345 page ftve 27. 28.. 30. classrooms and related facilities pursuant to Government Code Sectton 65974 at such time development occurs. Unttl such ttme, the Tusttn Untfted School Dtstrtct should conttnue to examtne available opttons as granted by s~ate la~ and outltned tn Ftnal E]R 84-3. The &ppltcant/developer (The Zrvtne Company) shall asslst and work wtth the School Otstrtct tn evaluating these optlons, and submtt a report to the Planntng Commission wtthln 30 days of approval of thts tentative tract outlining feastble mitigation measures for documented overcrowding wtthln the Tusttn Untfted School Dtstrtct attendance area, whtch ts attributable to Phase ! development PUrsuant to the ctty's Parkland Dedication Ordinance, thts tract shall · provtde for the dedication of 8.8 acres of land and/or Improvements for park purposes. The proposed 4.25 acre park stte shall be dedicated to the ctty wtth the remetntng 4.75 acre obligation setfsfted through land dedication elsewhere tn the East Tusttn Spectflc Plan area or oCfer of dedication secured by separate agreement between the city and The Irvtne Company and/or an offer of dedication of land and Improvements for prtvate recreational facilities wtthtn the tract. Th~ distribution of the total amount of acreage for thts tract wtll follow the proportions es~ablished tn the ctty's Recreation Element between publlc community and private/public neighborhood facilities. The 4.25 acre park stte 'tn compliance wtth the Parkland Dedication Ordinance shall be rough .g~aded free of obvtous rock of construction by-product mete~lal wtth the following publtc Improvements provtded to the sattsCactton of the Ctty £nglneer and Dtrector of Community Services: 'Full street Improvements along Laguna ~oad and Street 8 including but not ltmtted to curb, gutter, sidewalk, street ?fghttng and stgntng. Publlc uttltty_ laterals of a sufficient size including water, electricity, se~er, storm dretn, nature1 gas and telephone communication shall be Installed to the park stte property 11ne. Development denstty shall be 'regulated by the adopted Planned Community Zontng Regulations for Phase ! Residential/East Tusttn. The density calculations provtded on the subdivision map are for Informational purposes only and are'supe~ceded by the zone regulations. All applicable mitigation measures detatled tn ;trial EIR 84-3 are hereby Incorporated as conditions of approval for Tract No. 12345 and subsequent tracts recorded within thts pro~ect boundary. Prtor to the tssuance of a grading permtt, a storm dratn phastng plan that addresses tntertm flood protection tn the 8ro~ntng Avenue area shall be p~epared by the ;rvtne Company and reviewed and approved by the Ctty £ngtneer. Corn munity Development DePartment