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Home My WebLink About12 PLANNING COMMISSION AUTHORITY~ ~._~, ~ Agenda Item 12 ~- ~~~~~ AGENDA REPORT ReV1~We~: >?,~ ,~ City Manager fr, ;;; ~,~ <.~ 6 ,. ~= ~~~^~'~~~= Finance Director ~N/A MEETING DATE: FEBRUARY 21, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: PLANNING COMMISSION AUTHORITY -REDEVELOPMENT AGENCY SUMMARY: Through the Legislature's adoption of Assembly Bill No. 26 (AB X1 26), all California redevelopment agencies have been dissolved. The proposed ordinance would authorize the Tustin Planning Commission to serve as the decision making body for land use entitlement actions that implement the General Plan and for which the former Tustin Community Redevelopment Agency is designated in any statute, ordinance, or specific plan as the decision making authority. RECOMMENDATION: That the City Council have first reading of Ordinance No. 1415 and set for second reading at the Gity Council meeting of March 6, 2012. FISCAL IMPACT: There is no significant direct fiscal impact associated with the proposed ordinance. ENVIRONMENTAL: The proposed Ordinance is not subject to the California Environmental Quality Act {CEQA) pursuant to Title 14 California Cade of Regulations, Section 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 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. BACKGROUND AND DISCUSSION: On June 28, 2011, the Governor signed a law, AB X1 26, dissolving all redevelopment agencies and a law, AB X1 27, that provides a City the option to continue the existence of its redevelopment agency subject to a series of new conditions and commitments, primarily commitments to make payments to other agencies to be used far special district and education purposes. On December 29, 2011, the California Supreme Court issued its ruling in the redevelopment litigation California Redevelopment Association et al v Ana Matosantos City Council Report Ordinance No. 1415 February 21, 2012 Page 2 et al. The Court upheld AB X1 26 (the Elimination Bill), but struck down AB X1 27 (the Voluntary Opt in Bill), the bill that would have allowed redevelopment agencies to remain in operation as long as they made the required payments. As required by AB X1 26, the Tustin Community Redevelopment Agency was dissolved on February 2, 2012. Pursuant to the Tustin Community Redevelopment Agency and City Council actions taken on September 20, 2011, the Gity will be vested with the remaining authority, rights, powers, duties, and obligations formerly vested with the Agency and will be responsible for winding down the affairs of the farmer Agency and be granted autharity over financial and planning matters formerly handled by the Agency. The Planning Commission is designated as the Planning Agency of the City pursuant to the provisions of Sections 65100 et seq. of the California Government Cade, which also specifies the functions of the Planning Agency. One of the functions of the Planning Agency, pursuant to Government Cade Section 65103, is the implementation of the General Plan through actions, including, but not limited to, the administration of specific plans and zoning and subdivision ordinances. The former Tustin Community Redevelopment Agency is designated as the decision making autharity for various entitlement actions in the City of Tustin. For example, design review approval for all development projects in the Pacific Center East Specific Plan area rests with the Planning Commission and the former Redevelopment Agency. The Planning Commission's action on the design review of a development project is a recommendation to the former Tustin Redevelopment Agency who have final autharity review for the review of development projects within the South Central Redevelopment Project Area. With the recent dissolution of the Agency, it is appropriate for the City Council to assign this decision making authority to the Planning Commission by authorizing the Commission to serve as the decision making body for land use entitlement actions that implement the General Plan and for which the former Agency is designated in any statute, ordinance, or specific plan as the decision making autharity. Adoption of the proposed ordinance will also eliminate potential ambiguity related to the approval process for various entitlement actions within the City. ,~ ~' ~ _ °~ ~` ._ _ ~'_ Scott Reekstin Senior Planner Attachment: Draft Ordinance No. 1415 Elizabeth A. Binsack Community Development Director SaCdd1CCREPORT124121Redevelopmentand Planning Commission Ordinance.doc ORDINANCE NO. 1415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 1518 OF PART 1 OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE, PROVIDING THAT THE PLANNING COMMISSION SHALL HAVE DECISION MAKING AUTHORITY FOR LAND USE ENTITLEMENT ACTIONS IMPLEMENTING THE GENERAL PLAN THAT WERE PREVIOUSLY UNDER THE JURISDICTION OF THE FORMER TUSTIN COMMUNITY REDEVELOPMENT AGENCY The City Council of the City of Tustin, California does ordain as follows: SECTION I. The City Council finds and determines as follows: A. That on June 28, 2011, the Governor signed a law, AB X1 26, dissolving all redevelopment agencies and a law, AB X1 27, that provides a City the option to continue the existence of its redevelopment agency subject to a series of new conditions and commitments, primarily commitments to make payments to other agencies to be used for special district and education purposes; B. That on December 29, 2011, the California Supreme Court issued its ruling in the redevelopment litigation California Redevelopment Association et al v Ana Matosantos et al. The Court upheld AB X1 26 {the Elimination Bill), but struck down AB X1 27 (the Voluntary Opt in Bill), the bill that would have allowed redevelopment agencies to remain in operation as long as they made the required payments; C. That the Tustin Community Redevelopment Agency was dissolved on February 2, 2012; D. That pursuant to the Tustin Community Redevelopment Rgency and City Council actions taken on September 20, 2011, the City will be vested with the remaining authority, rights, powers, duties, and obligations formerly vested with the Agency and will be responsible for winding down the affairs of the former Agency and be granted authority over financial and planning matters formerly handled by the Agency; E. That the Planning Commission is designated as the Planning Agency of the City pursuant to the provisions of Sections 65100 et seq of the California Government Code, which also specifies the functions of the Planning Agency; Ordinance No. 1415 Page ( 2 F. That one of the functions of the Planning Agency, pursuant to Government Code Section 65103, is the implementation of the General Plan through actions, including, but not limited to, the administration of specific plans and zoning and subdivision ordinances; G. That the former Tustin Community Redevelopment Agency is designated as the decision making authority for various entitlement actions in the City of Tustin; and H. That the proposed Code Amendment is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061 {b)(3) of the California Code of Regulations Title 14, Chapter 3 (Guidelines for the California Environmental Quality Act). SECTION II. Section 1518 of Part 1 of Chapter 5 of Article 1 of the Tustin City Code is hereby added as follows: 1518 AUTHORITY PERTAINING TO FORMER REDEVELOPMENT AGENCY The Planning Commission shall serve as the decision making authority for land use entitlement actions that implement the General Plan and for which the former Tustin Community Redevelopment Agency is designated in any statute, ordinance, or specific plan as the decision making authority. SECTION III. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 1415 Page~3 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on the day of , 2012. ATTEST: PAMELA STOKER, CITY CLERK APPROVED AS TO FORM: DAVID E. KENDIG, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) JOHN NIELSEN, MAYOR CERTIFICATION FOR ORDINANCE NO. 1415 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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. 1415 was duly and regularly introduced and read at the regular meeting of the City Council held on the day of 2012, and was given its second reading, passed and adapted at a regular meeting of the City Council held on the _ day of 2012, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk