HomeMy WebLinkAbout10 DEVELOPMENT AGREEMENT 2019-00001 (BROOKFIELD HOMES SOUTHERN CALIFORNIA LLC)Agenda Item 10
Reviewed:
AGENDA REPORT City Manager
Finance Director N/A
MEETING DATE: DECEMBER 3, 2019
TO: MATTHEW S. WEST, CITY MANAGER
FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: DEVELOPMENT AGREEMENT 2019-00001, TENTATIVE TRACT MAP 19103, DESIGN
REVIEW 2019-00009
SUMMARY:
The project is a request to construct 400 residential condominium units, a community recreation
facility, open space areas, and other neighborhood amenities. The site is located within Planning
Areas 8, 13, and 14 (Neighborhood D) of the Tustin Legacy Specific Plan and is generally
bounded by future Airship Avenue to the north, Street `D' to the east, Alley Grove Promenade to
the south, and Street `B' to the west. The proposed project requires approval of Development
Agreement (DA) 2019-00001, Tentative Tract Map (TTM) 19103, and Design Review (DR) 2019-
00009. On November 12, 2019, the Planning Commission adopted Resolution No. 4395
recommending that the City Council approve the proposed project.
APPLICANT: Brookfield Homes Southern
California LLC
Attn: Cheryl Casanova
3200 Park Center Dr. #1000
Costa Mesa, Ca 92626
RECOMMENDATION:
That the City Council:
PROPERTY OWNER: City of Tustin
300 Centennial Way
Tustin, Ca 92780
1. Introduce and have first reading by title only of Ordinance No. 1504 for DA 2019-00001 to
facilitate the development and conveyance of an approximate 25.4 -acre site within the
boundaries of the Tustin Legacy Specific Plan and set the second reading of the ordinance
for the next City Council meeting.
2. Adopt Resolution No. 19-54 approving TTM 19103 and DR 2019-00009 to subdivide an
approximate 25.4 -acre site into seventy-three (73) numbered lots and ten (10) lettered lots
for the development of 400 residential condominium units, a community recreation facility,
open space areas, and other neighborhood amenities.
FISCAL IMPACT:
The applicant has paid the required application fees for the proposed project. The fiscal impact
resulting from sale of land, marketing fees, Tustin Legacy Backbone Infrastructure obligation,
community facilities districts, profit participation, property tax and transaction fees related to the
project will be addressed within the City Council's consideration of the project's DDA.
City Council Report
December 3, 2019
Brookfield Residential
Page 2
CORRELATION TO THE STRATEGIC PLAN:
The proposed project furthers the objectives of the following Strategic Plan goals:
• Goal A: Economic and Neighborhood Development — The proposed project would enable
business, development, and job opportunities and would enhance the vibrancy and quality
of life in that the Tustin Legacy and other areas of the community.
• Goal B: Public Safety and Protection of Assets — The proposed project would ensure
Tustin is an attractive, safe and well maintained community in which people feel pride.
APPROVAL AUTHORITY:
• Development Agreement:
The Tustin Legacy Specific Plan Section 4.2.7 requires a DA in conjunction with or prior to
approval of any entitlements associated with private development. Pursuant to Tustin City
Code (TCC) Section 9607, the Planning Commission shall consider the DA and make a
recommendation thereon to the City Council. On November 12, 2019, the Planning
Commission adopted Resolution No. 4395 recommending that the City Council approve DA
2019-00001. Pursuant to TCC Section 9613, after the City Council completes the public
hearing and considers the recommendation of the Planning Commission, the City Council
may accept, modify or disapprove the DA. Pursuant to TCC Section 9614, the DA shall be
approved by the adoption of an ordinance.
Tentative Tract Map:
TCC Section 9321b authorizes the Planning Commission to review and take action on
Tentative Maps; however, since the proposal includes other entitlement applications that
require City Council approval, TTM 19103 is forwarded to City Council for concurrent
consideration. On November 12, 2019, the Planning Commission adopted Resolution No.
4395 recommending that the City Council approve TTM 19103.
• Design Review:
Section 4.2.2 of the Tustin Legacy Specific Plan requires each development to submit and
obtain approval of a Site Plan and DR pursuant to the TCC following or concurrent with the
approval of a Concept Plan. TCC Section 9272 authorizes the Community Development
Director to consider the DR application; however, since the proposal includes other
entitlement applications that require City Council approval, DR 2019-00009 is forwarded to
City Council for concurrent consideration. On November 12, 2019, the Planning Commission
adopted Resolution No. 4395 recommending that the City Council approve DR 2019-00009.
BACKGROUND AND DISCUSSION:
Site Location
The 25.4 -acre project site is located within the Tustin Legacy Specific Plan and is bounded by
future Airship Avenue to the north, Street 'D' to the east, Alley Grove Promenade to the south,
and Street 'B' to the west. Vacant sites for future development surround the project site on all
City Council Report
December 3.201Q
Brookfield Residential
Page 3
sides (Figure 1). The subject parcels are within Planning Area 8.13.and 14ofNeighborhood D
nfthe Tustin Legacy Specific Plan (Figure 2). The site iacurrently owned hvthe City and will be
transferred to Brookfield Residential upon execution and implementation of the Disposition and
Development Agreement (DOA).
Figure 1 - Project Site Aerial & Index Map from TTM 18iS7
OnNovember 12.2O19.the Planning Commission considered the proposed project ondodoDtad
Resolution No. 4394 finding that the proposed project is in conformity with the adopted General
Plan. The Planning Commission also adopted Resolution No. 4395 recommending that the City
Council approve DA 2019-00001, TTM 19103. and DR 2019-00009, approving the proposed
residential condominium development.
\
City Council Report
December 3, 2019
Brookfield Residential
Page 4
Public Hearing and Noticing
The City Council public hearing for the project was duly noticed to be held on December 3, 2019
and was publicly noticed through the following methods:
• Newspaper
• Direct mail to property owners of properties within 300 feet of the project boundary
• Direct mail to residential Homeowners Associations (HOA) and property management within
Tustin Legacy
• Posted notices at intersections surrounding the project site
• Posted at City Hall and Library
• Posted on City website
Project Description
DA 2019-00001, TTM 19103 and DR 2019-00009 are applications associated with the
development of 400 for -sale residential units, a community recreation facility, open space areas
and other amenities, and linkages to other developments within Tustin Legacy (Figure 3).
The project has been designed to enhance livability by integrating three (3) distinctive housing
styles anchored on each corner by active and passive parks acting as nodes, eventually
connecting to the entire Legacy Park. The three (3) housing products are discussed in detail
under the DR section of this report. The private community recreation facility will include a
swimming pool, barbeque area, shade structures, outdoor furniture, showers, and restrooms, all
of which are located within a fenced area and accessible to project residents and their guests.
Each of the three (3) remaining corners create area for open space, contain outdoor furniture,
and will be accessible to the public. This is accomplished through the requirement that these
community facilities must be accessible via a recorded easement to allow public access.
Townhomes
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Single
Family
Metro
Flats
City Council Report
December 3, 2019
Brookfield Residential
Page 5
Design Review
Section 4.2.2 of the Tustin Legacy Specific Plan requires applicants for each development to
submit and obtain approval of a DR pursuant to the TCC. DR 2019-00009 provides for the design
and site layout of the proposed residential community.
The proposed project has a contemporary approach to its design. Throughout the buildings,
various elements such as flat roofs, large windows, 90 -degree angles, wall pop outs and wall step
backs work together to present a new and modern feel to this residential community. The three
(3) housing products proposed are as follows:
Triplex: This product is a three-story townhome
with three (3) floorplans and 129 proposed units.
There are forty-three (43) tri-plex buildings with
shared driveways clustered throughout the
development. The floorplans offer amenities
such as patios and decks, walk-in pantries, and
laundry rooms. All units offer two -car garages.
Exterior building massing is consistent with the
alignment of the units and the vertical elements
of like materials provide identifiable visual
distinction of each unit. (See Figure 4)
Square Feet 1,975 to 2,259
Bedrooms 3 to 4
Bathrooms 3.5
Parking i -car garage
Ili 11i 1
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Figure 4 — Townhomes
Metro Flats and Townhomes: This
product offers three-story flats and
townhomes and consists of 154
units comprised of six (6) single -
level flats floorplans and one (1)
three-level townhome floorplan.
There are seven (7) buildings with
twenty-two (22) units each located
along the perimeter of the project
Square Feet 1,038 to 2,213
Bedrooms 1 to 3
Bathrooms 1 to 2.5
Parking z -car garage
z -car tandem garage
1 -car garage w/ assigned parking
City Council Report
December 3, 2019
Brookfield Residential
Page 6
site. The floorplans offer amenities such as patios, decks, and laundry rooms. Flats
floorplans have all living functions, including bedrooms, on one (1) level, leading to more
horizontal massing on the exterior. (See Figure 5)
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Figure 5 — Flats
• Single Family: This product offers two- and three Single Family
-
story detached residences clustered along future
public streets throughout the development. Square Feet 2,432 to 3,330
Product consists of 117 units comprised of four Bedrooms 3 to 5 + den
(4) floorplans. The floorplans offer amenities Bathrooms 2.5 to 4.5
such as patios, decks, private yards, dens and Parking 2 -car garage
bonus rooms, walk-in pantries, laundry rooms,
and loggias. Exterior building designs incorporate ample glazing, architectural projections
and straight lines that carry through the contemporary design of the community. (See
Figure 6)
Figure 6 — Single Family
City Council Report
December 3, 2019
Brookfield Residential
Page 7
• Common Open Space: Each of the areas identified for open space and recreation within
the project boundary will provide opportunities for recreation, social gathering, and outdoor
lounging (See Figure 7). The public portion of the common area is designed with outdoor
furniture.
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Publicly Accessible
Figure 7 — Common Open Space Q Cwemon A,,nJ0pen Space,
Private
• The private recreation center will be enclosed by fencing and consist of a swimming pool,
barbeque area, shade structures, showers and restrooms. The shower and restroom
building is consistent with the rest of the community in that the same exterior design and
materials are proposed including composite wood, large window areas and flat roofs. (See
Figure 8)
Figure 8 — Community Recreation Facility
City Council Report
December 3, 2019
Brookfield Residential
Page 8
Building Setbacks
Per Section 3.11.2 of the Tustin Legacy Specific Plan, the project site requires a minimum building
setback of three (3) feet and a maximum building setback of ten (10) feet, though the maximum
setback area may be increased to allow for additional outdoor uses at the discretion of the
Community Development Director. In an effort to aid in providing private open space for each of
the residences in the form of a usable porch, and to allow for greater variation in the staggering
of building faces along the street, maximum setbacks may be increased to accommodate units
identified in the submittal package. The proposed deviation has been reviewed by the Community
Development Director and has been determined to be consistent with the intent of the established
standards. Appropriate findings have been included to support the request.
Parking
Each residential unit is required to provide two (2) parking spaces. Single family detached units
and tri-plex townhomes each provide 2 -car garages with side-by-side parking. Each of the metro
flats buildings provide 2 -car garages on all its floor plans with the exception of three (3) plans that
offer 2 -car tandem garages (Plan 2, Plan 3, and Plan 4) and one (1) plan that offers an extended
1 -car garage with an additional assigned surface parking space inclose proximity to the unit. This
configuration is limited to Plan 1, a one (1) bedroom unit. There are seventy (70) units with
tandem garages and fourteen (14) units with a single car garage throughout the project site. The
Tustin Legacy Specific Plan does not count two (2) tandem garage spaces towards the parking
requirement (only one (1) of the tandem spaces would apply toward the parking required). As
conditioned, the applicant will be required to maintain seventy (70) unassigned and fourteen (14)
assigned surface parking spaces to be allocated to the units with the tandem garages and single
car garages respectfully. These surface parking spaces are not counted toward the required
guest parking spaces.
Guest parking spaces are required for multifamily units (townhomes and flats) at a ratio of one (1)
parking space for every four (4) units. The Tustin Legacy Specific Plan requires thirty-three (33)
guest parking spaces to accommodate the triplex townhomes units and thirty-nine (39) parking
spaces to accommodate the metro flats and townhome units. As proposed, there are seventy-
two (72) guest parking spaces provided as head -in parking and complies with the guest parking
requirements.
Required
Triplex Townhomes
Metro Flats
Single Family
Guest
Required Provided
258 258
3o8 3o8
234 234
72 72
Tentative Tract Map
TTM 19103 is a subdivision of an approximate 25.4 -acre site into seventy-three (73) numbered
lots and ten (10) lettered lots for the development of 400 for -sale residential condominium units,
a community recreation facility, open space areas, and other neighborhood amenities. Also
included in the map are proposed easements for sewer, water, and other utilities; non-exclusive
easements for emergency vehicles and public services; public access easement over private
drives and publicly accessible open space.
City Council Report
December 3, 2019
Brookfield Residential
Page 9
With respect to the circulation system within the tract, the applicant proposes use of shared private
drives for vehicular access to each of the 400 residential units. Public streets are proposed to
transect the development into seven (7) blocks, each block having at least one (1) connection to
the public roadway. Within these blocks, the development proposes use of private drives for
vehicular access and sidewalks for pedestrian access. Sheet 4 of TTM 19103 shows the sections
of the proposed streets and drives.
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TCC Section 9311g5. authorizes the Planning Commission to review and take action on Tentative
Maps; however, since the proposal includes other entitlement applications that require City
Council approval, TTM 19103 is to be forwarded to City Council for concurrent consideration.
Construction Phasing Plan
Each product type would include its own phasing with a total of forty-eight (48) phases for the
project site, including models and build -out (Figure 9). The first area of the community that will
be constructed is near the southern entry, off of Flight Way. One of each building type will be
constructed in this area to serve as models. The developer will also construct common open
space proposed at the southwest corner of the development adjacent to future Flight Way and
the Alley Grove Promenade to showcase the amenity. Additionally, the private community
recreation facility will be available for residents as they move in.
In general, most phases will involve constructing two (2) or three (3) tri-plex townhome buildings,
one (1) metro building, and three (3) to nine (9) single-family detached residences. The applicant
anticipates starting grading activities in March 2020 with models to open in May 2021.
City Council Report
December 3, 2019
Brookfield Residential
Page 10
Publicly
Accessible
Common Area
Figure 9 — Construction Phasing Plan
Development Agreement
Private
Common Area
Publicly
Accessible
Common Area
LEZI '
o
To strengthen the public planning process, encourage private participation in comprehensive
planning, and reduce the economic risk of development, the California Legislature adopted the
Development Agreement Statute of the Government Code. Pursuant to the Statute, the City may
enter into an agreement with any person having a legal or equitable interest in real property and
to provide for the development of such property and to establish certain development rights
therein. In addition, the Tustin Legacy Specific Plan Section 4.2.7 requires a DA in conjunction
with or prior to approval of any entitlements associated with private development.
DA 2019-00001 included herewith as Attachment F will provide for the orderly implementation of
the General Plan, Tustin Legacy Specific Plan, the phased development and completion in
accordance with the DDA, and certain assurances to the Developer and the City. These
assurances require the cooperation and participation of the City and Developer and could not be
secured without mutual cooperation in and commitment to the comprehensive planning effort that
has resulted in the DA and the Specific Plan.
The DA will include, but not be limited to, the following provisions:
• The term of the DA.
• Public benefits.
• The timing of development as set forth in the DDA.
• Construction of infrastructure and public facilities.
• Annual review of Developer's performance, etc.
Pursuant to TCC Section 9607, the Planning Commission shall consider the DA and make a
recommendation thereon to the City Council. The Planning Commission shall forward its
recommendation to the City Council within thirty (30) days of the time specified for the public
hearing.
City Council Report
December 3, 2019
Brookfield Residential
Page 11
Other Agencies Input
In compliance with State Subdivision Map Act, the City sent out letters along with a copy of the
TTM 19103 to affected agencies. At the time of finalizing this report, responses were received
from five (5) agencies (Attachment D). The South Orange County Community College District
indicated that the District did not have concerns. The South Coast Air Quality Management
District (AQMD) stated that, should a CEQA document be prepared for the proposed project,
AQMD may provide recommendations regarding the analysis of potential air quality impacts.
Potential air quality impacts were analyzed in the FEIS/EIR, as amended. The City of Irvine
requested that staff coordinate possible updates to the Irvine Transportation Analysis Mode
(ITAM) relative to proposed land uses and that Sheet 1 of TTM 19103 provide legal description
information. These updates were provided to the City of Irvine. Southern California Edison (SCE)
identified that the project will not interfere with easements and the developer will be responsible
for costs to relocate facilities as related to the project. The California Department of Transportation
(Caltrans) provided comments regarding the review of the proposed project relative to the
approved specific plan. No further comments were received.
Environmental Review
On January 16, 2001, the City of Tustin certified the program FEIS/EIR for the reuse and disposal
of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving
a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and
the future alignment of Valencia north loop road. On April 3, 2006, the City Council adopted
Resolution No. 06-43 approving an Addendum to the FEIS/EIR and, on May 13, 2013, the City
Council adopted Resolution No. 13-32 approving a Second Addendum to the FEIS/EIR. On July
5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the
FEIS/EIR. The FEIS/EIR, along with its addendums and supplements, is a program EIR under the
California Environmental Quality Act (CEQA). The FEIS/EIR, addendums and supplementals
considered the potential environmental impacts associated with development on the former MCAS,
Tustin.
An Environmental Checklist (Attachment G — Exhibit A) has been prepared and concluded that the
proposed actions do not result in any new significant environmental impacts or a substantial
increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover,
no new information of substantial importance has surfaced since certification of the FEIS/EIR.
Planning Commission Action
On November 12, 2019, the Planning Commission considered the project and adopted Resolutions
No. 4394 determining that the project is consistent with the Tustin Legacy Specific Plan and the
General Plan and would not have any significant impact to the overall development potential
currently allowed and 4395, recommending that the City Council approve the proposed project.
The Planning Commission considered the proposed project and provided comments regarding the
following:
City Council Report
December 3, 2019
Brookfield Residential
Page 12
There are no for -sale affordable housing units to be
Affordable Housing provided in the Brookfield development. New affordable
housing units will be proposed within adjacent multifamily
residential project(s).
The Developer will be providing several paseos, a pool
and BBQ amenity area. The City is planning to incorporate
Playground Equipment a playground into the future Tustin Legacy Park adjacent
to the Brookfield development. Conceptual planning is
currently underway for this portion of Tustin Legacy Park.
The City is responsible for the design and construction of
the Promenade. Conceptual design has
commenced. The City will make best efforts to complete
Alley Grove Promenade: construction of the Promenade to coincide with occupancy
Size and Timing of the first homes fronting the Promenade. The
Promenade will be wide enough (approximately 50') to
accommodate multimodal forms of travel including
bicyclists.
The City is currently working on conceptual design of this
phase of Tustin Legacy Park (linear park) and anticipates
Tustin Legacy Park: commencing construction of the park in the next few years
Timing and Proposed to coincide with Brookfield's phasing of development
Development northward towards the park. The Brookfield development
will contribute towards this portion of Tustin Legacy Park
indirectly through the contribution of Backbone
Infrastructure Funds.
Connectivity throughout Tustin
Legacy:
Project site to schools and
other development, i.e. Flight
and The District
CONCLUSION
Public sidewalks are typically installed as adjacent
development commences; however, the City's Public
Works Department can evaluate the need for additional
sidewalks to facilitate the connection to schools.
City staff understands that the Promenade connection is a
high priority of the Planning Commission based on prior
feedback and have made this a focus of the initial
infrastructure development.
The proposed DA 2019-00001, TTM 19103, and DR 2019-00009 are consistent with the Tustin
Legacy Specific Plan and the General Plan and would not have any significant impact to the
overall development potential currently allowed. Accordingly, staff recommends that the City
Council approve DA 2019-00001, TTM 19103, and DR 2019-00009.
City Council Report
December 3, 2019
Brookfield Residential
Page 13
J—A'bQ ll K
Samantha Beier, AICP
Associate Planner
Attachments:
Elizabeth A. Binsack
Director of Community Development
A. Location Map
B. Land Use Application Fact Sheet
C. Submitted Plans
D. Other Agencies Comments
E. Draft Planning Commission Minutes of November 12, 2019, and Resolution Nos. 4394 & 4395
F. Ordinance No. 1504
• Exhibit A – Development Agreement 2019-00001
G. City Council Resolution No. 19-54 (Tentative Tract Map and Design Review)
• Exhibit A – Tustin Legacy Specific Plan EIS/EIR Initial Study & Checklist
• Exhibit B – Conditions of Approval