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Home My WebLink AboutCC RES 11-48RESOLUTION NO. 11-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT 2011-01 (TUSTIN GATEWAY PROJECT) ALSO REFERRED TO AS "DDA 2011-01" BETWEEN THE CITY OF TUSTIN ("CITY") AND R.D. OLSON REAL ESTATE GROUP, INC. ("DEVELOPER") FOR THE PURPOSES OF CONSTRUCTING APPROXIMATELY 300 HOTEL ROOMS AND 16,000 SQUARE FEET OF RETAIL SPACE LOCATED WITHIN AN AREA BOUNDED BY EDINGER AVENUE ON THE NORTH, NEWPORT AVENUE ON THE EAST, A CALTRANS RAMP ON THE SOUTH ,AND STATE ROUTE 55 ON THE WEST The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That the City desires to effectuate development of The Tustin Gateway Project, including the Property, through the sale and development of such property in accordance with applicable state and local requirements. The disposition of the Property, the development and Completion of the Project pursuant to DDA 2011-01 are in the vital and best interests of the citizens of the City and the health, safety, and welfare of its residents, and are in accord with the public purposes and provisions of applicable federal, state, and local laws and requirements. B. That the Project is located on properties legally described as Parcels 2, 3 and 4 of Parcel Map 2010-127 ("Development Parcels") and an excess Cal Trans Property ("Water Well Parcel") adjacent to the SR-55 (Costa Mesa) Freeway. The Project was previously envisioned per the Pacific Center East Specific Plan, as amended. C. That the Tustin Gateway Development, including the Project described in DDA 2011-01, is being developed in accordance with all Governmental Requirements, including the Redevelopment Plan for the South Central Redevelopment Project Area, the General Plan and the Pacific Center East Specific Plan. D. That on March 29, 2010, the City obtained a final order of condemnation for a majority of the Property proposed for redevelopment purposes pursuant to a proceeding in eminent domain including Parcel 2 and a portion of Parcel 3, each as defined in Section 1.3.1 of the DDA. The City also entered into a Cooperative Agreement with Cal Trans and Cal Trans conveyed former Cal Resolution 11-48 Page 1 of 4 Trans property to the City on December 23, 2010 by Instrument No. 2020000695461 including a portion of Parcel 3, and a remaining parcel located west of Parcel 3 and south of Edinger Avenue in the City of Santa Ana (the "Water Well Parcel"). E. That the Developer was the selected respondent with respect to its submitted written correspondence to the City dated July 15, 2010, indicating an interest in purchasing certain property within the Specific Plan area from the City, subject to negotiated terms and conditions. F. That on November 2, 2010, the City entered into an Exclusive Agreement to Negotiate ("ENA") with the Developer. The ENA provided that the City desired to negotiate a DDA to have the Developer develop two nationally recognized "flag ship" hotels with a collective minimum of 300 total hotel rooms and a minimum of 8,000 square feet of restaurant and/or retail space. The ENA also identified that the Developer may include conference space in conjunction with any restaurant and/or retail space. G. That the City of Tustin Planning Commission is not required to make a "General Plan Consistency Finding" under California Government Code §65402(a) because the property being disposed of is part of a larger parcel which was acquired and used in part for street purposes. H. That the purpose of the DDA is (a) to effectuate the Redevelopment Plan for the South Central Redevelopment Project Area (as the same has been or may be amended) and the Pacific Center East Specific Plan, in accordance with the terms and conditions set forth therein through disposition of the Property and development of the Project as further described in the DDA, and (b) to provide for the sale and conveyance of the Property, for maintenance and use of the Property and certain related improvements by the Developer and for the construction of the Project by the Developer on the Property and certain adjacent land, including the City Water Well Parcel. All undertakings pursuant to DDA 2011-01 are for the purpose of development of the Tustin Gateway Project and not for speculation in land holding. I. That on February 19, 1991, the Tustin City Council adopted the Pacific Center East Specific Plan and on April 19, 2011 adopted Specific Plan Amendment 11-001. Pacific Center East is comprised of approximately 126 acres and is bounded on the west by the State Route 55 Freeway, on the north by the Santa Ana-Santa Fe Channel, on the east by Red Hill Avenue and on the south by Valencia Avenue. The Tustin City Council certified Final EIR (FEIR) 90-1 for the Pacific Center East Specific Plan on December 17, 1990 and Supplement #1 to Final EIR 90-1 for the Pacific Center East Specific Plan was adopted May 5, 2003 (the "Pacific Center East Specific Plan Environmental Documents"). The Pacific Center East Specific Plan Environmental Documents were Program EIR's under the California Resolution 11-48 Page 2 of 4 Environmental Quality Act ("CEQA."). The Pacific Center East Specific Plan Environmental Documents considered the potential environmental impacts associated with the development of the Pacific Center East Specific Plan. J. That an Environmental Analysis Checklist has been completed and it has been determined that this Project is within the scope of the previously approved Pacific Center East Specific Plan Environmental Documents and that pursuant to Title 14 California Code of Regulations Sections 15162 and 15168(c), no new effects could occur, and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA. K. That the proposed "Project" is DDA 2011-01 between the City and Developer that will effectuate the Pacific Center East Specific Plan, as amended, through disposition of certain property owned by the City and development of a project. The Project will involve development of improvements that consist of construction and installation of two high quality "Class A" hotels: one to contain 160 rooms and one to contain 140 rooms with approximately 190,000 square feet for the hotels and approximately 16,000 square feet of supporting retail and/or restaurant and conference space, plus a water well facility to be constructed and maintained by the City. Improvements will include, but not be limited to buildings, architectural amenities, parking, security lighting, pedestrian amenities, and trash enclosures. Design of all improvements on Parcels 2, 3, and 4 of Parcel Map 2010-127 will be consistent with requirements of the Pacific Center East Specific Plan, development standards contained in the DDA, and additional requirements contained in any conditions of approval required for the entitlements for the Project. Any improvements to the Water Well Parcel will be consistent with requirements as a public water utility as approved by the City. Related future entitlement actions, as required by the DDA, will consist of Design Review (site plan and architectural plan review) and Lot Line Adjustment to demonstrate compliance with the Pacific Center East Specific Plan and the Tustin City Code. Related implementing actions prior to transfer of the Parcels 2, 3 and 4 of Parcel Map 2010-127 ("Development Parcels") to the Developer will include City's establishment of certain reciprocal easements, covenants and conditions with respect to the Development Parcels and the Water Well Parcel for ingress, egress, parking and other purposes for the benefit of each of the Development Parcels and Water Well Parcel, which includes a public purpose. Other implementing actions will also include further processing by the Developer of certain entitlement applications for shared parking, Site Plan and Design Review and a Lot Line Adjustment. II. The City Council approves Disposition and Development Agreement 2011-01 and finds that the Project is within the scope of the previously approved Pacific Center East Specific Plan Environmental Documents. Resolution 11-48 Page 3 of 4 PASSED AND ADOPTED by the City Council of the City of T meeting on the 5t" day of July, 2011. /~ ATTEST: ELA STOKE , City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ayor a regular 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 Resolution No. 11-48 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5t"day of July, 2011, by the following vote: COUNCILMEMBER AYES: Amante, Nielsen, Gavello, Gomez, Murra (5) COUNCILMEMBER NOES: None (p) COUNCILMEMBER ABSTAINED: None (p) COUNCILMEMBER ABSENT: None (p) PAMELA STOKE , City Clerk Resolution 11-48 Page 4 of 4