HomeMy WebLinkAboutCC RES 11-92RESOLUTION NO. 11-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING THE FIRST
AMENDMENT TO 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, fNC. {"DEVELOPER"}
The City Council of the City of Tustin does hereby resolve as follows:
I. 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 the First
Amendment 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 First
Amendment to 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 July 5, 2011, the City entered into Disposition and Development
Agreement 2011-01 {the "Original DDA"}. The Original DDA provided for the
Developer's acquisition of approximately 7.5 acres of City owned land and
development of two nationally recognized "flag ship" hotels with a collective
minimum of 300 total hotel rooms and a minimum of 16,000 square feet of
restaurant and/or retail space. Minor modifications to the DDA {the First
Amendment to DDA 2011-01, also the "Project"} are now required to permit the
Developer to modify the originally proposed two flag ships hotels to be a Marriot
Residence Inn with 138 roams rather than a Hilton Homewood Suites and to a
Marrio#t Fairfield Inn & Suites rather than a Hilton Garden Inn to be 145 rooms.
The purpose of the Original DDA was {a} to effectuate the Redevelopment Plan
Resolution 11-92
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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. The First Amendment to DDA 2011-01
does not change the intent and objectives of the Original DDA.
E. That on February 19, 1991, the Tustin City Council adapted 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 Nill 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 an December 17, 1990 and Supplement #1 to
Final EIR 90-1 for the Pacific Genter 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 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.
F. That an Environmental Analysis Checklist was completed and the City Council
adopted Resolution No. 11-48 on July 5, 2011 finding that no new environmental
review was necessary for DDA 2011-01. An Environmental Analysis Checklist
has been completed and it has been determined that the First Amendment to
DDA 2011-01 {the "Project") is also 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.
That the proposed "Project" is the First Amendment to 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 flag ship hotels: one to contain
145 rooms and one to contain 138 rooms with approximately 190,000 square feet
for the hotels and approximately 16,000 square feet of supporting retail andlor
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
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2010-127 will be consistent with requirements of the Pacific Center East Specific
Plan, development standards contained in the DDA 2011-01 and, as amended,
the First Amendment to DDA 2011-01, and additional requirements contained in
any conditions of approval required for the entitlements for the Project.
II. The City Council approves the First Amendment to 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.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 6t" day of December, 2011.
ATTEST:
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF TUSTIN }
JEi~RY AMANTE,
:Mayor ,~
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. 11-92 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6t" day
of December, 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED
COUNCIL~IIEMBER ABSENT:
P1~MELA STOKER,
City Clerk
Amante, Nielsen, Gomez, Murray (4)
None (0)
None (0)
Gavello (1)
Resolution 11-92
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