12. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 2022-0002 – THE JESSUP AT 17802 – 17842 IRVINE BOULEVARD A request for the first amendment to Development Agreement 2022-0002, an agreement between the City of Tustin and Tustin 40 Development LLC (Property Owner) for “The Jessup” residential project. The proposed amendment is a request to eliminate the Property Owner’s requirement to pay the Voluntary Workforce Housing Incentive Program In-Lieu Fee (“In-Lieu Fee”). On July 9, 2024, the City of Tustin Planning Commission held a public hearing on the proposed request and adopted Resolution No. 4492, recommending that the City Council adopt Ordinance No. 1544, approving the first amendment to Development Agreement 2022-0002. On September 17, 2024, the City Council held a public hearing to consider the Property Owner’s requested amendment to Development Agreement 2022-0002. The City Council’s motion failed due to a 2-2-1 vote (Attachment 3). The Property Owner is now requesting that the City Council reconsider the matter and adopt Ordinance 1564, approving first amendment to Development Agreement 2022-0002 (Attachment 4).