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Home My WebLink AboutORD 1082 (1992) ORDINANCE NO. 1082 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FIRST AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT (EXHIBIT A ATTACHED HERETO), AS DEFINED BY SECTION 65865.2 OF THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY PERTAINING TO DEVELOPMENT WITHIN THE EAST TUSTIN SPECIFIC PLAN PROJECT AREA The City Council of the City of Tustin DOES HEREBY ORDAIN a~ follows: I. The City Council finds and determines as follows: A. That on April 7, 1986, the East Tustin S[ Plan was adopted by the City Council. B. That prior to final adoption of the East Specific Plan, Environmental Impact Report 85-2 prepared in conjunction with the project certified as final by the City Council. C. That as a required element of the East Specific Plan, a Development Agreement was by the City on November 3, 1986, .prior authorization of any development within the area. '~'~=' D. That the proposed Amendment to the Agreement has been submitted by the Irvine pursuant to applicable provisions of state laws local ordinances and with the concurrence of ........... City of Tustin. E. That a public hearing before the Commission was duly called, noticed and held consideration of the proposed Amendment to Development Agreement. F. That the Planning Commission, by minute order, recommended to City Council adoption of proposed Amendment to the Development Agreement. G. That a public hearing before the City Council duly called, noticed and held in consideration of the proposed Amendment to the Agreement. H. That pursuant to the California EnviI Quality Act Final EIR 85-2, with supplements Ordinance No. 1082 Page 2 addenda, adequately addressed the genera] environmental setting of the proposed project, its significant environmental impacts, and the alternatives and mitigation measures related te each significant environmental effect for the proposed project. I. IThe amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan, particularly the Land Use Element, which encourages commercial activities or the subject property and the East Tustin Specific .Plan, which also identifies the subject propert~ for commercial activities. J. The amendment is compatible with the uses authorized for the Mixed Use District by the East Tustin Specific Plan. K. The amendment is in conformity with publi( necessity, public convenience, general welfare and good land use practices in that the amendment will allow for a hotel to be located on a potentially more desirable site than that previously identified, while still providing the necessary commercial development always anticipated for the property by the East Tustin Specific Plan. L. The amendment will not be detrimental to the health, safety, and general welfare of the community in that the amendment will still authorize commercial development always anticipated on the property, vital to the successful implementation of the remaining development of the East Tustin Specific Plan. M. The amendment will not affect the orderl5 development of the property in that it was alway~ anticipated by the East Tustin Specific Plan to bE developed with predominantly commercial activitie~ with supporting infrastructure, streetimprovement~ and street capacity to accommodate suct development. N. The amendment will have a positive fiscal impact o~ the City which is required to be monitored througl the East Tustin Fiscal Model. The amendment wil2 ] Ordinance No. 1082 2 Page 3 4 not eliminate any revenue generating use~ anticipated in the East Tustin Fiscal Model. II. The City Council hereby adopts the FirstAmendment to the 7 East Tustin Development Agreement as presented in Exhibit A attached hereto. 8 Passed and adopted at a regular meeting of the City Council 9 held on the 16th day of March 1992 I · ]0 CHARLES E. PUCKETT Mayor ~~Cit~ E. WYNN Clerk ]4 STATE OF CALIFORNIA ) ]5 COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1082 MARY E. WYNN, City Clerk and ex-officio Clerk of the City ]8 Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of ]9 the City of Tustin is five; that the above and foregoinq Ordinance was duly and regularly introduced at a regulaI 20 meeting of the City Council held on the 2nd day of March, 199 and passed and adopted at a regular meeting of the Cit 2] Council held on the 16th day of March, 1992, by the foliowine vote: COUNCILPERSONS AYES: Puckerr, Pontious, Edgar, Ports 23 COUNCILPERSONS NOES: None COUNCILPERSONS ABSTAINED: None 24 COUNCILPERSONS ABSENT: Presc~ /~Y E. WYNN, City Clerk Publish Date: Tustin News 28 ORDINANCE NO. 1082 EXHIBIT A FIRST AMENDMENT TO EAST TUSTIN DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT (the "AmendmentJ' ) to the East Tustin Development Agreement is made effective ~~ I {,-, , 1992, by and between the Irvine Company, a Michigan corporation ("Developer"), and the City of Tustin, California municipal corporation ("city"). Developer and City may collectively be referred to in this amendment as the "Parties." RECITALS A. This Amendment amends the East Tustin Development Agreement (the "ETDA"), entered into between the Parties effective December 3, 1986, and approved by the City by Ordinance No. 978. The ETDA concerns all of that real property (the "Property") described in Exhibit "A" and delineated on Exhibit "B" hereto, which description and delineation are incorporated herein by this reference. At the time of its entry into the ETDA, Developer was the fee owner of the Property, and is the fee owner of the areas of the Property specifically involved in this Amendment. B. The ETDA provides for the orderly development of the Property in accordance with the East Tustin Specific Plan adopted by the City on March 17, 1986 (the "Specific Plan", and the provisions of the ETDA, and Developer has been and currently is developing the Property consistent with the Specific Plan and ETDA. C. At the time of their entry into the ETDA, the parties expected that a minimum two hundred fifty (250) room hotel would be built within that area of the Specific Plan described as "Sector 12," which area is described in Exhibit "C" hereto and delineated on. Exhibit "0" hereto, which description and delineation are incorporated herein by this reference. Therefore, although Sector 12 is identified in the Specific Plan as a "Mixed Use" site and could be developed with retail uses under that designation, paragraph 1.4 of the ETDA specifically provided that as part of its development Sector 12 would include a minimum two hundred fifty (250) room hotel. D. The Parties have since explored with hotel operators the feasibility and desirability of building and operating a hotel in Sector 12, and have determined that Sector 12 may not be the most suitable site on the Property for a hotel use. Additionally, several major retail stores have expressed First Amendment East Tustin Development Agreement Page 2 strong interest in building and operating new retail stores in Sector 12, which could contribute significant sales tax dollars to city. E. In light of the foregoing, the Parties have agreed to amend the ETDA as follows, in order to induce retail development of Sector 12 and the corresponding sales tax revenue for city. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereafter contained, and for the purposes stated above, city and Developer hereby agree as follows: 1. Paragraph 1.4 of the ETDA is hereby amended by DELETING the last sentence, which reads: "In addition, a hotel shall be constructed with a minimum of 250 rooms and with customary supporting facilities and, if proposed by Developer to be built in more than one phase, such phasing shall be as approved by city." 2 . A new Paragraph 1.4. 1 is hereby ADDED to the ETDA to read as follows: " 1.4.1 Hotels. Developer agrees that sufficient land for construction of a hotel containing a minimum of 250 rooms; and with customary supporting facilities shall be reserved for that use in Sector 6 of the Specific Plan, and that Developer shall in good faith seek a hotel operator for that site and use. Alternatively, Developer may construct or provide for the construction of a hotel containing a minimum of 250 rooms and with customary supporting facilities in a location southerly of the 1-5 Freeway within City that is approved for such use by City, in which case Developer shall be relieved of any obligation to reserve land for a hotel and seek an operator in Sector 6. .... Developer agrees that if a hotel containing a m1n1mum of 250 rooms and with customary supporting facilities is constructed southerly of the 1-5 Freeway within City that is approved for such use by City, in compliance with the above Paragraph 1.4.1, that those hotel rooms will not be included in determining compliance with the fiscal phasing requirements of the ETDA, as if constructed on the Property." 3. The Irvine Company shall design and construct an off-road bike trail on the west side of Myford Road between Bryan Avenue and First Amendment East Tustin Development Agreement Page 3 . El Camino Real. Actual design shall be subject to final approval of the Public Works Director and Community Development Director. 4. The East Tustin Phasing Plan identified within Section 1.9 of the ETDA is hereby amended to read as follows: First Amendment East Tustin Development Agreement Page 4 EAST TUSTIN PHASING PLAN CUM. CUM. AUTO DWELLING DWELLING SQ. FT. SQ. FT. CENTER HOTEL UNITS UNITS RETAIL RETAIL DEALERS * ROOMS 955 955 0 0 3 0 740 1,695 0 0 4 0 1,095 2,790 0 0 2 0 1,303 4,093 400,000 400,000 1 0 1,273 5,366 663,000 1,063,000 0 0 1,192 6,558 0 1,063,000 0 0 1,212 7,770 0 1,063,000 0 0 339 8,109 80,000 1,143,000 0 0 336 8,445 0 1,143,000 0 0 187 8,632 220,000 1,363,000 0 0 188 8,820 0 1,363,000 0 0 180 9,000 0 1,363,000 0 0 9,000 9,000 1,363,000 1,363,000 10 0 IN WITNESS WHEREOF, the Parties have each executed this Amendment on the date first written above. B Mayor THE IRVINE COMPANY, a Michigan corporation ~ DF:Ml/devagree President ALL-PURPOSE CERTIFICATE state of California County of Orange On. . Ol 3""~. I 9 7' .l- before me, Valerie whiteman, Chief Deputy City ~k' personally appeared ... L..}~.~ , personally known to me (ar ~royeJ to n.e "II Llj~ basi.s a€ satiElfaotery e.~ id~Jl"~) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) , and that by his/her their signature(s) on the instrument the.person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SignatureJ~<-<~ ~,.J (Seal) ~ .. ""i Q .., I ~. ~.:.. 1" .. :A:I:~E Y.~1TEMAt-J _ -. ~ COMM. # 969213 : ~ .~!!" Notary Public - California ~ z .':' OR/\NGE COUN'iY -.. ..' Illy Comm. Expi,~ AUG 28. 1996 )RPORATE -ACKNOWLEDGMEP -~~~ /J /./? . Stateof( _c;//rc:/'/?/~ County of (1/'t2/1Q e. J ~ ~ On thIS the t;fh day of \. S!.:177c? /71 b(i /' }ss. tiv'd1cy /)). rtfJ(!" the undersigned Notary PubhC, personalty appeared ~ '9~fore me, /(;tha/'d a ~/n () r}cJ PC'ltl' 0 ;( e(,/Cj/;u{/~C't.., v OFFICIAL SEAL AUDREY M. POPE "orARY Pl8l.1C. CAlFORNIA ORANGt COUNTY My Comrn. EIDlres Mi!y 25. 1993 ~personally known to me o proved to me on the basis of satisfactory evidence /) to be the pef..son( s) w.!lo exe~~ted the ~thl~ jI1strument as U C ~ ' I- I ~c? 51 de /7 r- -1' L,~ (f !1"C?5 _ v c')('/1fJ/ (A / (bUlc$5'rfbehalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. ~ ' <J I ~ ~LI f'! I '/-r1. ,. c--r~ otary's Signature ATTENTION NOTARY: Although the informatIOn requested betow IS 0PT10N~, it ooukj prevent traLJd\jent attactment of thts certihcate to a~ther ~t. Title or Type of Documentbl";2 t H/??t!lJd/'J?tJ/) i IrJ p, li/Shn I~,/ :!;,'??t: THIS CERTlAC'ATE () MUSTBEATIACHED Number of Pages f.j DateofDocumentoJf;?f&n!Jt'/"" t.J /9 ,;)-0 TO THE DOCUMENT ' DESCRIBED AT RIGHT: Signer(s) Other Than Named Above C NATIONAL NOTARY ASSOCIATlC:W-. 8236 Remmet Aye. P.O. Box 71tw · Canoga Pn. CA 813o..71tw