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HomeMy WebLinkAboutAttachment C - Ord No. 1432ATTACHMENT C Ordinance No. 1432 ORDINANCE NO. 1432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2013-001 BY INCORPORATING TEXT ALLOWING PRIVATE FOR-PROFIT NON-EDUCATIONAL USES, INCREASE ALLOWABLE BUILDING SQUARE FOOTAGES WITHIN THE EDUCATION VILLAGE (NEIGHBORHOOD A) OF THE MCAS TUSTIN SPECIFIC PLAN, AND ADDING A NEW LOCAL STREET (BELL AVENUE). The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That the City of Tustin ( "City ") and the South Orange County Community College District ( "SOCCCD ") propose a General Plan Amendment (GPA) 2013 -001 by adding a new local street (Bell Avenue) to service adjacent uses; MCAS Tustin Specific Plan Amendment (SPA) 2013 -001 by incorporating text allowing private for - profit non - educational uses and increase allowable building square footages within the education village (Neighborhood A) of the MCAS Tustin Specific Plan and adding a new local street (Bell Avenue); and Development Agreement (DA) 2013 -002 to facilitate the development, conveyance, and land exchange within the boundaries of the MCAS Tustin Specific Plan. B. That the project consists of an agreement between the South Orange County Community College District (SOCCCD or District) and the City of Tustin (City) which delineates the terms and processes associated with the exchange of the ultimate ownership of approximately 22 acres of land within the Tustin Legacy (Agreement for the Exchange of Real Property Between the City of Tustin and South Orange County Community College District). The objectives of the project are to rationalize property boundaries to create larger, contiguous land areas for the City and SOCCCD, provide for a broader range of land uses in support of the objectives of the MCAS Tustin Specific Plan, and enhance circulation in the Project area by improving east -west connectivity between the existing Red Hill and Armstrong Avenues. C. That to facilitate the exchange, several entitlements and implementation documents is necessary. This includes a General Plan Amendment (GPA) to add the Bell Avenue extension to the City's circulation plan and correct preexisting inconsistencies with the MCAS Tustin Specific Plan; an amendment to the MCAS Tustin Specific Plan to modify the permitted land uses and land use intensities in parts of Neighborhood A and to construct an extension of Bell Avenue as a Secondary Arterial; and, a Development Agreement and Amended Ordinance No. 1432 SPA 2013 -001 Page 2 Conveyance Agreement between SOCCCD and the City (DA) and associated implementation documents. D. That a public hearing was duly called, noticed, and held on said application on April 23, 2013, by the Planning Commission. The Planning Commission adopted Resolution No. 4223 recommending that the City Council adopt Ordinance No. 1433. E. That a public hearing was duly called, noticed, and held on said application on May 13, 2013, by the City Council. F. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MCAS Tustin. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS /EIR. On December 6, 2004, the City Council adopted Resolution No. 04 -76 approving a Supplement to the FEIS /EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. The FEIS /EIR along with its Addendum and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS /EIR, Addendum and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. G. An Environmental Checklist has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS /EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS /EIR. However, because some changes and additions were required to the FEIS /EIR, the City has prepared an Addendum to the FEIS /EIR. The Planning Commission will consider the Addendum along with the FEIS /EIR prior to making a recommendation to the City Council on the GPA 2013 -001, SPA 2013 -001 and DA 2013 -002. H. That SPA 2013 -001 will be consistent with the Tustin General Plan, as amended by GPA 2013 -001. That the proposed SPA 2013 -001 will further the Land Use Element and Circulation Element goals and policies for the long -term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area as follows: Land Use Element: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Improve city -wide urban design. 4. Promote economic expansion and diversification. Ordinance No. 1432 SPA 2013 -001 Page 3 5. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed -use, master - planned development. Circulation Element: 1. Provide a system of streets that meets the need of current and future inhabitants and facilitate the safe and efficient movement of people and goods throughout the City. 2. Develop and maintain circulation system that is based upon and is in balance with the Land Use Element of the General Plan 3. Increase the use of non - motorized modes of transportation SECTION 2. The MCAS Tustin Specific Plan is hereby amended to read as provided in Exhibit A (with strike -out indicating text to be deleted and underlined text indicating text to be added. All page numbering to be corrected at publishing). SECTION 3. Severability. 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. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2013. ELWYN A. MURRAY Mayor JEFFREY C. PARKER City Clerk Ordinance No. 1432 SPA 2013 -001 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ORDINANCE NO. 1432 JEFFREY C. PARKER, 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 5; that the above and foregoing Ordinance No. 1432 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 13th day of May, 2013 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2013 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Published: