HomeMy WebLinkAboutORD 1402 (2011)ORDINANCE NO. 1402
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
EXTENDING THE REQUIREMENT FOR THE EXECUTION
OF A DEVELOPMENT AGREEMENT PRIOR TO OR
CONCURRENT WITH CITY APPROVAL OF ANY
DEVELOPMENT PROJECT AT TUSTIN LEGACY FOR A
PERIOD OF TEN MONTHS AND FIFTEEEN DAYS PENDING
A STUDY OF LAND USE REGULATIONS PURSUANT TO
GOVERNMENT CODE SECTION 65858 (4/5ths Vote
Required)
The City Council of the City of Tustin hereby ordains as follows:
SECTION 1. This interim urgency ordinance is adopted pursuant to Government Code
Section 36937 and 65858, to protect the public safety, health, and welfare.
SECTION 2. Interim Urgency Ordinance No. 1401 requiring the execution of a
Development Agreement prior to or concurrent with City Approval of any
development project at Tustin Legacy is hereby extended for an additional
period of ten (10) months and fifteen (15) days.
SECTION 3. The City Council hereby finds, determines and declares that this urgency
ordinance is necessary because:
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
Ordinance No. 1402
Page 1 of 6
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 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 private 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
Ordinance No. 1402
Page 2 of 6
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.
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
Ordinance No. 1402
Page 3 of 6
Tustin Specific Plan document. 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 4. 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.
For private development projects 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 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 4.5.The provisions of this urgency ordinance shall not apply to any action for
which the City of Tustin is the applicant, or to any public agency developing
public uses, including without limitation any school district developing
schools or related public uses.
Ordinance No. 1402
Page 4 of 6
SECTION 5. 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 ten (10) months and fifteen (15) 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. The City Council hereby initiates a code amendment to include the provisions
of Interim Urgency Ordinance No. 1402 within the MCAS Tustin Specific
Plan and directs the Planning Commission to consider said code amendment
for recommendation to the City Council.
SECTION 7.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 5th day of July 2011.
,-, ~,
Ordinance No. 1402
Page 5 of 6
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. 1402 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, Murray (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
LA STOKER,
City Clerk
APP OVED AS TO FORM:
DOUGLAS HOLLAND,
City Attorney
Ordinance No. 1402
Page 6 of 6