HomeMy WebLinkAbout13 SECOND READING OF ORD 1415Agenda Item 13
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MEETING DATE: MARCH 6, 2012
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: PATRICIA ESTRELLA, CITY CLERK SERVICES SUPERVISOR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1415,
PLANNING COMMISSION AUTHORITY
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 far which the former Tustin
Community Redevelopment Agency is designated in any statute, ordinance, or specific
plan as the decision making authority.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1415 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On February 21, 2012, the City Council had first reading by title only and introduction of
the following Ordinance:
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
1~
Patricia Estrella
City Clerk Services Supervisor
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 aN
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 Agency 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 farmer 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 Cade Amendment is exempt from environmental review
under the California Environmental Quality Act ("CEQA") pursuant to
Section 15061 (b)(3) of the Califarnia Cade of Regulations Title 14, Chapter
3 (Guidelines far the Califarnia Environmental Quality Act).
SECTION II. Section 1518 of Part 1 of Ghapter 5 of Article 1 of the Tustin Gity Gode 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 far 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 adapted 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
adopted 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