HomeMy WebLinkAboutORD 1185 (1997) 1 ORDINANCE NO. 1185
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING THE FOURTH
3 AMENDMENT TO THE EAST TUSTIN DEVELOPMENT
AGREEMENT, AS DEFINED BY SECTION 65865.2 OF
4 fl THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE
CITY OF TUSTIN AND THE IRVINE COMPANY
5 PERTAINING TO DEVELOPMENT WITHIN THE EAST
TUSTIN SPECIFIC PLAN AREA.
6
The City Council of the City of Tustin does hereby ordain
7 as follows:
8 I, The City Council finds and determines as follows:
9 A. That on April 7, 1986, the East Tustin
Specific Plan was adopted by the City Council.
10
B. That as a'required element of the East Tustin
11 Specific Plan, a Development Agreement was
f adopted by the City on November 3, 1986, prior
12 to authorization of any development within the
project area.
13
C. That the proposed Fourth Amendment to the East
14 Tustin Development Agreement has been
submitted by The Irvine Company pursuant to
15 applicable provisions of state law and local
ordinances and with the concurrence of the
16 City of Tustin.
17 D. That Environmental Impact Report 85-2, as
amended, for the East Tustin Specific Plan has
18 been recommended for certification with
Addendum No. 7 in conformance with the
19 requirements of the California Environmental
Quality Act.
20
E. That apublic hearing was duly noticed, called
21 and held on August 11, 1997 by the Planning
Commission and by the City Council on August
22 18, 1997.
23 F. The Fourth Amendment would be consistent with
the objectives, policies, general land uses
24 and programs specified in the. General Plan,
particularly the Land Use Element, including
25 Policy 9.2, to provide supporting land uses
such as schools within East Tustin to serve
26 the residential community.
27
28
Ordinance No. 1185
Page 2
1
2
G. The Fourth Amendment would be compatible with
3 the uses authorized by the East Tustin
Specific Plan, as amende~ by Zone Change 97-
4 001.
5 H. The Fourth Amendment would be in conformity
with public necessity, public convenience,
6 general welfare and good land use practices in
that school facilities would be located within
7 close proximity to residential development.
8 I.' The Fourth Amendment would not be detrimental
to the health, safety and general welfare of
9 the community in that the amendment would not
increase the overall number of dwelling unitsl
10 allowed within the East Tustin Specific Plan
area.
11
J. The Fourth Amendment would not affect the
12 orderly development of the property in that
the land use patterns, as amended by Zone
13 Change 97-001 would provide for residential
and school development consistent with the
14 capacity of the supporting infrastructure and
street improvements.
15
II. The Irvine Company shall pay City's defense costs
16 (including attorney's fees) and indemnify and hold
City harmless from and against any claims, losses,
17 liabilities, or damages assessed or awarded against
City by way of judgement, settlement or stipulation
18 (including awards for costs, attorney's fees, and
expert witness fees), arising from actions filed
19 against the City challenging the City's approval of
the Fourth Amendment to the East Tustin Development
20 Agreement.
21 III. The City Council hereby approves the Fourth
Amendment to the East Tustin Development Agreement
22 as included in Exhibit A attached hereto and
subject to final approval of the City Attorney.
23
PASSED AND ADOPTED by the City Council of the City of
24 Tustin at a regular meeting on 2nd day of September,
1997.
25 ja~~y~'
26 THOMAS
Pamela Stok~ '
28 City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED,
MAIL TO:
City of Tustin
300 Centennial Way
Tustin, CA 92780
Att: Community Development
The undersigned declares that this document is recorded at the request of and for the benefit of the City of Tustin and is
therefore exempt from payment of the recording fee pursuant to Government Code Section 6103.
Space Above This Line for Recorder's Use
FOURTH AMENDMENT TO THE
EAST TUSTIN DEVELOPMENT AGREEMENT
THIS FOURTH AMENDMENT (the "FOURTH AMENDMENT") to the East
Tustin Development Agreement (the "ETDA") is made effective ,1997 by and
between the Irvine Company, a Michigan corporation ("Developer"), and the City of
Tustin, a California municipal corporation ("City"), with respect to the following:
RECITALS
A. This FOURTH AMENDMENT amends the ETDA entered into by and between
City and Developer effective December 3, 1986, and approved by City by
Ordinance No. 978. The ETDA concerns all of that real property (the "Property")
described in Exhibit "A" to the ETDA and delineated on Exhibit "B" thereto,
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 Property specifically involved in this
FOURTH AMENDMENT. The ETDA has been amended three times previously,
first on March 16, 1992, (Ordinance No. 1082), ("First Amendment") (Recorder
Doc. 19960099333, 2-29-96), a second time on November 20, 1995, (Ordinance
No. 1148) ("Second Amendment") (Recorder Doc. 199601184432, 3-11-96) and a
third time on August 4, 1997 (Ordinance No. 1182) ("Third Amendment")
(Recorder Doc. ).
B. The ETDA provides for the development of the Property in accordance with the
East Tustin Specific Plan adopted by the City on March 17, 1986, (the "Specific
Plan"). Developer desires to amend the Specific Plan to relocate a future
intermediate school site from Sector 2 to Sector 5 within the Estate Residential
District of the Specific Plan area.
· i EXHIBIT A
C. On May 27, 1997 the Tustin Unified School District Board of Education adopted
by minute order indicating its .desire to relocate the future intermediate school
site to Sector 5 within the Estate Residential District and construct an
intermediate school. The Developer and Tustin Unified School District entered
into a Memorandum Agreement on June 25, 1997 further indicating their desire
to construct an intermediate school site.
D. The City and Developer desire to amend the ETDA to provide for the
development of the Property in accordance with the proposed amendments to
the Specific Plan as described in the attached.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual
promises and covenants herein, and for the purposes stated above, City and Developer
hereby agree as follows:
1. Incorporation of Amendments to Specific Plan. Exhibit "C" to the ETDA, as
amended which is the Specific Plan, is hereby amended as set forth in the
attached Exhibit "C-I". Among other things, the amendment to the Specific Plan
accomplishes the following:
A. The intermediate school site is rel ocated from Sector 2 to Sector 5 within
the Estate Residential Land Use Designation as generally depicted in
Exhibit C-1.
2. Intermediate School Site.
A. On May 27, 1997 the Tustin Unified School District Board of Education
adopted by minute order indicating its desire to relocate the future
intermediate school site to Sector 5 within the Estate Residential District
and construct an intermediate school (Exhibit D-l). The Developer and
Tustin Unified School District entered into a Memorandum Agreement on
June 25, 1997 further indicating their desire to construct an intermediate
school on Lot 115 of Tentative Tract 14396 (Exhibit D-2).
B. In the event that the Tustin Unified School District does not construct an
intermediate school on Lot 115 of Tentative Tract 14396, the Developer
shall regrade the site consistent with the intent of the City's Hillside
District Guidelines and Grading Manual as appropriate for Estate Density
residential development. Said regrading shall occur in accordance with
any subsequently City approved development plans for the site (i.e.
Design Review, Hillside Review, Tentative Tract Map).
2
IN WITNESS WHEREOF, City and Developer has each executed this FOURTH
AMENDMENT, EFFECTWE AS OF THE DATE FIRST WRITTEN ABOVE.
CITY OF TUSTIN THE IRVINE COMPANY
By. By
Mayor
By
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
DF:br:ETDA4
3
.... ~ .....,. : ..~-~
,~:~.. __ -' .... .. ,. ' :~.
:... ~: ~. :: ~. ~ . ' ....
~_.: ~":' .i ,'
I ' ' '
, . '.~-~"; .....-~,
.~ . --
Zc 97-
EAST TUSTIN SPECIFIC PLAN
City of Tustin I~ -
I]iXHIBIT C-1
.~'Minu[cs, Board of Edu~,au~,_ May 27, .1997
Di~
I. It wa,5 moved by Jane Bauer, seconded by Ann Albertson, and carried with a 4-Yes,
1-No (BuIlard) vote to adopt Scholastic Literacy Piace~_, ~s basic [ex~books for grades
K-5 in Language Arts for the 1997 - 2002 school years.
2. It was moved by Tamrole Bullard, seconded by Ann Albertson, and carried with a 4-
Yes, I -No (Bauer) vote to adopt revised Policy 5131, Activities: Drugs, Alcohol, wi~
corrections.
3. It was moved by Tararole Bullard, seconded by Ann AIbertson, and carded
unanimously to receive for first reading revised Policy No. 5 t t 4---Student Conduct
and School Disciplinary Rules & P~eguht/ons.
4. It was moved by Tamrole BuIlard, seconded by Ann Albertson, an~ carded
unanimously to receive for fast reading revised Policy No. 5114-A--Student
Discipline Ru/es.
5. It was moved by .lane Bauer, seconded by Tammie Bullard, and carried unan{mohsIy
to receive for lust nm. ding revised Policy No. 5114-2--ExpuIsion of Svadents.
6. It was moved by Tatnude Bullara, seconded by-Franc/he Scinto, and carried
unanimously to receive for fu-'st reading revised Policy No. 51 14-3--ExpUls~on of
Students with Exc~donal Needs Enxolled in a Spe~'.ial Education Program'.
----~7. It was moved by Tamm~e Bullard, seconded by Ann Albertson, and carried
unanimously [o accept the preferred middle school site in 'I'ustjn Ranch; and direct the
Assistant Superintendent, Bushess Services, to send s letter of acceptance to the City
of Tust~n and Yhe In, he Company.
8~ It. was moved by Tamm/e BuIlard, seconded by Francine Scinto, and carded
unan{mously to accept the second elementary school site in Lower Pete~ Canyon;
and direct the Assistant S;uperintenden~, Business Services to send a letter of
acceptance to The Irvhe Coraltony'·
9. It was moved by Jane Bauer, seconded by Tarnmie Bullard, and carded unanimously ~
to authorize District staff to prepare. specifications; award the bid; and submit the
contract for ratification for the integrated information system for Peters Canyon
Elementary School.
It was moved by Tamrole Butlard, seconded by Ann Albertson, and carried unanimously
to approve Personnel Consent Items, as follows:
ADOPTED MINUTES
Page 6 of 7
EXHIBIT D- 1
FO
In 1994, the Tustift Unified School District ("School District") agreed to Support a telocatext ~niddle
school s/to in Tustin Ranch. subject to certain conditions. This Memorandum
setting forth the conditiorts under wh/ch lrvinc Conmmnity Agreemeat is for the purpose of
othetw/se prepare such site and the School District will accept said alternate site, subjdct to the acquisition of the
site by the School District Development Cmrlpany CICD~, will grade and
1. - All environraemal concerrts regarding the property shall be approved,/richcling an approval by
the City of lustin, with aIl .fights to challenge such approval having expired.
2. The grading shah be done in accordance with phns and '
Dis~ct's architect and in accordance with the Div/sion of State Architect,sst7/'qcati°as approved by the -School
Cal/forn/a Code of Regulations. office, pursuant to T/fie 24,
4. Dun'rig the gr~ which grading shall include terracing fidesired by School D/strict, the
School District shall Provide a full time inspector. '
5. ICDC shah c6astruct underground drainage points to the site in two locations; on~ at the cornet
ofTusa P, aneh Road and Piemeet- Way and the 0ther ofrofthe extension of the Pioneer Road cul-de-sac at a
location approve~l by ~e Sc.hoo[ Distr/ct's architect. The drainag0. points ofcormzct/on shall b~ sized to
acconunodate the dra/nage coming through the site, as well as all dainagc From development on the site, ICDC
shall pay the incteraental design and ccm3truction costs associated with the School District' s onsite drainage
system to accommodate surface drabage from Lot AA of Tentative Tract 14396.
6. ICDC shall install and maintain by means of a future homeowner association the perknetev
landscape on ro~s A, AA, and ILK of Tentative 'fract 14396.
TUST1N U SCII DISTRITCT
B .y: ~~.
Dated:~ Title:'~~~L~
IRVII~'E CO DEVELOPIVIF. NT COMlaANy
By:~ .
Tide: ccuti e Vic tesi nt
Sakai
EXHIBIT D-2
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1185
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1185 was introduced at
at regular meeting of the City Council on August 18, 1997, and was
passed and adopted at a regular meeting of the City Council held on
September 2, 1997 by the following vote:
COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
P~fmel~ S~5~er~ eit~y C~erk