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HomeMy WebLinkAbout24 - Status Report on Development Agreement No. 6Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL a�ao SUBJECT: Status Report on Development Agreement No. 6 W 24 Genia Garcia 644 -3208 0 NOV 1 2. PURPOSE: To report the status of the Open Space Dedications of Development Agreement No. 6 and to review the applicant's good faith and substantial compliance with the agreement in addition to those terms and conditions required of the City of Newport Beach. q,4 SUGGESTED: t ACTION: Hold hearing; and determine compliance of: Development Agreement No. 6 The Irvine Company Circulation Improvement and Open Space Agreement Baclmround At its meeting of October 28, 1996, the City Council reviewed Development Agreements No. 4 through 9. For all but Development Agreement No. 6, the Council found that the Development Agreements under review were in substantial compliance with the terms of each agreement. The City Council requested additional information on Development Agreement No. 6 regarding the open space areas to be dedicated to the City and clarification on the timing of dedications. This report will address those issues. Discussion Staff's initial detailed review showed that there was not. complete compliance with the agreement's open space dedication requirements. Staff followed up with discussions with the Irvine Company, which resulted in a written commitment from the Irvine Company to provide formal offers of dedication for the open space now due for dedication, by November 19, 1996. , The following table represents the amount of open space to be dedicated, the timing for the dedications provided in CIOSA, and the current status. Of the 138.1 acres required to be dedicated, the City has received 4.894 acres for open space. Some of the required dedications have not been completed, even though the open space is reserved on final tract maps, pending -1 CITY OF NEWT BEACH p b COMMUNITY AND ECONOMIC DEVELOPMENT J IS PLANNING DEPARTMENT • �.i }oar•" +,moo NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644-52% FAX (714) 644-5250 Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL a�ao SUBJECT: Status Report on Development Agreement No. 6 W 24 Genia Garcia 644 -3208 0 NOV 1 2. PURPOSE: To report the status of the Open Space Dedications of Development Agreement No. 6 and to review the applicant's good faith and substantial compliance with the agreement in addition to those terms and conditions required of the City of Newport Beach. q,4 SUGGESTED: t ACTION: Hold hearing; and determine compliance of: Development Agreement No. 6 The Irvine Company Circulation Improvement and Open Space Agreement Baclmround At its meeting of October 28, 1996, the City Council reviewed Development Agreements No. 4 through 9. For all but Development Agreement No. 6, the Council found that the Development Agreements under review were in substantial compliance with the terms of each agreement. The City Council requested additional information on Development Agreement No. 6 regarding the open space areas to be dedicated to the City and clarification on the timing of dedications. This report will address those issues. Discussion Staff's initial detailed review showed that there was not. complete compliance with the agreement's open space dedication requirements. Staff followed up with discussions with the Irvine Company, which resulted in a written commitment from the Irvine Company to provide formal offers of dedication for the open space now due for dedication, by November 19, 1996. , The following table represents the amount of open space to be dedicated, the timing for the dedications provided in CIOSA, and the current status. Of the 138.1 acres required to be dedicated, the City has received 4.894 acres for open space. Some of the required dedications have not been completed, even though the open space is reserved on final tract maps, pending -1 0 t completion of improvements or resolution of encroachments. In other cases, the City and Company are discussing possible use of the sites for affordable housing. The Irvine Company has committed to submitting formal offers of dedication for the 108.928 acres that are now due for dedication. Dedications are not yet required for the remaining sites which total 24.4 acres. With the submittal of offers of dedication for 108.928 acres of open space, staff finds that the Irvine Company will be in substantial compliance with the requirements of CIOSA. Submitted by: SHARON Z. WOOD Ass' tant City Manages Prepared by: GENIA GARCIA, Associate Planner 1,tel eaz� • 0 V # PROPERTY OPEN SPACE TIMING OF OPEN SPACE STATUS OF THE ACRES TO BE DEDICATIONS DEDICATION DEDICATED 1. San Diego Creek South 2.4 To be offered for dedication upon issuance Not required at this time. of last building permit of all projects contained in this agreement. Company may elect to waive this condition. 2. San Diego Creek North -0- Requirement changed per Develop.Agrmt. Fletcher Jones site dedicated no Olen Space dedications to the City have No. 9 to allow establishment of Fletcher been given. Future dedications per agreement between the City and the Jones Motors Cars. TCA include: A portion of the S.D.Crk No. site used to construct the Salt Water Marsh (a tidal marsh of 4.2 acres) will be dedicated to the City by the TCA at the conclusion of the TCA's required maintenance and monitoring period, which is approx. 2 years. Approx..8 acres is encumbered by an open space deed restriction and cannot be developed, as required by the Calif. Coastal Commission. 3. Jamboree 4.7 To be offered for dedication upon issuance Not required at this time. !MacArthur of last building permit of all projects contained in this Agreement. Company may elect to waive this condition. 4. Upper Castaways 30.6 To be dedicated upon Issuance of first Dedications or offers have been included on Final Tract Map No. 15011. building permit. A total of 30.28 acres have been included for public use and .979 acres for private open space. Formal dedications are pending the completion of improvements, resolution of encroachments, and negotiation of Develop. Agrmt. with the Lutheran Church. V or 5. - Bayview Landing 11.1 To be dedicated upon Effective Date of Dedications have been delayed due to discussions with City for affordable Agreement (9-11-95) housing.' Irvine Company is preparing documents for offers in favor of the City that reserves the opportunity to continue discussions concerning the use for affordable housing. Documents will be sent to the City by November 19, 1996. 6. Newporter North 47.2 To be dedicated upon issuance of first Offers have been included on Final Tract Maps 15011, 15222, and 15243 building permit for a total 46.84 arrest for public use. Dedications are pending the completion of improvements and resolution of encroachments. 7. Block 800 -0- N/A N/A 8. Corporate Plaza West -0- N/A -- - N/A 9. Freeway Reservation - Not required at this time. north area 17.3 To be dedicated upon issuance of first building permit for this project. south area -0- N/A 10. Newporter Knoll 12.0 To be dedicated upon Effective Date of The Irvine Company is preparing an offer subject to encroachments that Agreement (9-11-95). have been agreed upon. To be submitted to the City by November 19, 1996. It. Newporter Resort -0- N/A N/A 12. Newport Village 12.8 To be dedicated upon issuance of first Dedications have been delayed due to discussions with City for affordable (from Library to San Miguel) building permits for both Upper Castaways housing.3 Irvine Company is preparing documents for offers in favor of and Newporter North. the City that reserves the opportunity to continue discussions concerning their use for affordable housing. Documents will be sent to the City by November 19, 1996 TOTAL 138.1 t The CIOSA provides that "City and Company may agree to use up to four (4) of the dedicated parcels for the purpose of constructing low and/or very low income senior housing." t Additional Open Space is being dedicated to the Homeowners Association. ' The CIOSA provides that "City and Company may agree to use up to four (4) of the dedicated parcels for the purpose of constructing low and/or very low income senior housing." 11