HomeMy WebLinkAboutORD 1401 (2011)URGENCY ORDINANCE NO. 1401
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REQUIRING THE EXECUTION OF A
DEVELOPMENT AGREEMENT PRIOR TO OR
CONCURRENT WITH CITY APPROVAL OF ANY
DEVELOPMENT PROJECT AT TUSTIN LEGACY (4/5ths Vote
Required)
The City Council of the City of Tustin hereby ordains as follows:
SECTION 1. In accordance with California Government Code Section 36937 and
65858, and in order to protect the public safety, health, and welfare, the City Council
finds and determines as follows:
A. The MCAS Tustin Specific Plan/Reuse Plan ("Specific Plan") was approved and
adopted on February 3, 2003 by Ordinance No. 1257 setting forth the zoning and
entitlement framework for future development of former Marine Corps Air Station
(MCAS) Tustin. The MCAS Tustin Specific Plan, as subsequently amended, does not
currently contain regulations governing the establishment and execution of
Development Agreements between the City and private developers prior to
development occurring at the former MCAS-Tustin (the portion of the former MCAS
Tustin located within the City of Tustin is referred as "Tustin Legacy"). All references to
the "Specific Plan" shall be deemed to refer to the MCAS Tustin Specific Plan, as the
same may be amended from time to time. The Specific Plan conforms to and
implements the City's General Plan. Tustin Legacy is also located within the MCAS
Tustin Redevelopment Project Area.
B. A Final Joint Environmental Impact Statement/Environmental Impact Report for the
Disposal and Reuse of MCAS Tustin (the "Final EIS/EIR") and Mitigation and Reporting
Program for the Final EIS/EIR was adopted by the City on January 16, 2001. In March
2001, a Record of Decision was issued by the United States Department of the Navy
approving the Final EIS/EIR and Reuse Plan.
C. To strengthen the public planning process, encourage private participation in
comprehensive planning, and reduce the economic risk of development, the
Legislature of the State of California adopted the "Development Agreement Statute,"
Section 65864, et seq. of the Government Code. The Development Agreement Statute
authorizes cities to enter into an agreement with any person having a legal or equitable
interest in real property and to provide for development of such property and to
establish certain development rights therein. Pursuant to the authorization set forth in
the Development Agreement Statute, the City of Tustin is authorized and has enacted
Ordinance No. 1401
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procedures for entering into development agreements that are contained in Tustin City
Code Section 9600 to 9619. Requiring a development agreement for development of
undeveloped property within the Specific Plan area will ensure the orderly
implementation of infrastructure and additional development in accordance with the
General Plan, MCAS Tustin Specific Plan, and Final Program EIR/EIS for the Reuse
and Disposal of the Former MCAS Tustin and Addendum (the "Final EIS/EIR").
D. All proposed development projects on undeveloped property at Tustin Legacy are
required under the MCAS Tustin Specific Plan and Final EIS/EIR to install backbone
and local infrastructure or make a fair share contribution to the development of
backbone infrastructure (the "Tustin Legacy Backbone Infrastructure Program"), and
make public dedications as determined necessary to support proposed land uses
within the project and the specific developments; prior to construction of improvements
by private owners, the City has entered into agreements with each private owner within
the Specific Plan area regarding funding for the infrastructure improvements.
E. The City must be able to ensure that a proposed private development project is
supported by backbone and local infrastructure, meets the requirements of the Final
EIS/EIR, and that it implements Specific Plan requirements. Without the protections
provided by requiring Development Agreements to establish the timing, sequencing,
financing and development of infrastructure, including the Tustin Legacy Backbone
Infrastructure Program, the City could not assure that the infrastructure will be
developed in an appropriate and timely manner to serve Tustin Legacy resulting in a
waste or excess expenditure of public resources, escalation in the cost of local
infrastructure and Tustin Legacy Backbone Infrastructure Program improvements, and
a failure to complete comprehensive traffic, drainage, and other Tustin Legacy
Backbone Infrastructure Program improvements required by the Specific Plan, the
Final EIS/EIR, and Tustin City Codes
F. The processing and approval of Development Agreements is intended to augment
and further the purposes and intent of the General Plan, Specific Plan and Final
EIS/EIR. The processing and approval of Development Agreements will eliminate
uncertainty in planning for and securing the orderly development of Tustin Legacy,
ensure a desirable and functional community environment, provide for effective and
efficient development of public facilities, infrastructure, and services appropriate and
necessary for the development of Tustin Legacy, assure attainment of the maximum
effective utilization of resources within the City, and provide other significant and
required public benefits to the City and its residents by otherwise achieving the goals
and purposes of the Development Agreement Statute. Further, Development
Agreements will establish a schedule of performance for future development including
obligations and phasing triggering mechanisms that ensure that adequate local and
Tustin Legacy Backbone Infrastructure Program improvements are in place to support
anticipated development in accordance with the Phasing Plan identified in the MCAS
Tustin Specific Plan and Final EIS/EIR and Addendum, and any Tustin City Code
requirements.
E
Ordinance No. 1401
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G. This Urgency Ordinance has been prepared to provide the necessary interim
amendments consistent with the objectives, policies, and general plan elements of the
City of Tustin while the Community Development Department is considering or
studying a contemplated permanent proposed ordinance implementing Development
Agreement regulations at Tustin Legacy.
H. The provisions of this Urgency Ordinance are necessary to preserve the orderly
development of Tustin Legacy and will not be detrimental to the public convenience,
health, safety and general welfare of the City and its residents and will ensure
completion of infrastructure obligations required for private development within the
Final EIS/EIR and the phasing requirements more particularly described in Section 4.4
of the MCAS Tustin Specific Plan document.
I. That it is reasonable to conclude that approval of additional entitlements would be a
current and immediate threat to public health, safety, and welfare in the absence of
regulations imposing and allocating necessary infrastructure development
requirements.
SECTION 2. For the period of this Urgency Ordinance, or any extension thereof, the
following requirement for Development Agreement(s) shall apply to all development at
Tustin Legacy:
Development Agreement(s)
The Development Agreement Statute, Section 65864, authorizes the City to enter into
an agreement with any person having a legal or equitable interest in real property and
to provide for development of such property and to establish certain development rights
therein. Pursuant to the authorization set forth in the Development Agreement
Statute, the City has enacted procedures for entering into development agreements
which are contained in Tustin City Code Sections 9600 to 9619.
Within the Specific Plan area, the City hereby requires that in addition to the current
entitlement requirements imposed by the Specific Plan and the Tustin City Code, each
applicant for any discretionary entitlement and/or grading or building permit for which
an entitlement or permit shall not have been issued by the City prior to June 7, 2011
shall apply for and obtain a Development Agreement with the City of Tustin in
accordance with Section 65864 et seq. of the Government Code and Sections 9600 to
9619 of the Tustin City Code. The issuance or approval of any general plan
amendment, specific plan, specific plan amendment, building permit, conditional use
permit, variance, design review, subdivision map, or parcel map, or other land use
entitlement for development of any property within the Specific Plan shall not be
approved until a development agreement has been approved as provided in this
Urgency Ordinance. A development agreement will provide for the orderly
implementation of development within the Specific Plan area in accordance with the
General Plan and Specific Plan and ensure that infrastructure obligations required for
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private development within the Final EIS/EIR and the phasing requirements more
particularly described in Section 4.4 of the MCAS Tustin Specific Plan.
SECTION 2.5.The provisions of this urgency ordinance shall not apply to any public
agency developing public uses, including without limitation any school district
developing schools or related uses.
SECTION 3. The City Council finds that this ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) (Title 14, of the California Code of Regulations) because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
SECTION 4. Ten (10) days prior to the expiration of this interim urgency ordinance, or
an extension thereof, the City Council shall issue a written report describing the
measures which the City has taken to address the conditions which led to the adoption
of this ordinance.
SECTION 5. This interim urgency ordinance shall take effect immediately upon its
adoption by a four-fifths (4/5) vote of the City Council. This interim urgency ordinance
shall continue in effect for forty-five (45) days from the date of its adoption and shall
thereafter be of no further force and effect unless, after notice pursuant to California
Government Code Section 65090 and a public hearing, the City Council extends this
interim urgency ordinance for an additional period of time pursuant to California
Government Code Section 65858.
SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase in this ordinance or any part thereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction such
decision shall not affect the validity or effectiveness of the remaining portions of this
ordinance or any part thereof. The City Council hereby declares that it would have
passed this ordinance and each section, subsection, subdivision, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Tustin held on the 7th day of June 2011.
Ordinance No. 1401
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ATTEST:
'~
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do 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. 1401 was duly passed and
adopted at a regular meeting of the Tustin City Council, held on the 7t" day of June 2011, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
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Y
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PA ~ STOKER,
City Clerk
DOUGLAS HOLLAND,
City Attorney
Amante, Nielsen, Gavello, Gomez, Murray (5
None (0)
None (0)
None (0)
J
Ordinance No. 1401
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