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HomeMy WebLinkAboutAttachment D - Ord No. 1433ATTACHMENT D Ordinance No. 1433 ORDINANCE NO. 1433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2013 -002 BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT TO FACILITATE THE DEVELOPMENT, CONVEYANCE, AND LAND EXCHANGE WITHIN THE BOUNDARIES OF THE MCAS TUSTIN SPECIFIC PLAN 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. 1433 DA 2013 -002 Page 2 Conveyance Agreement between SOCCCD and the City (DA) and associated implementation documents. D. That the proposed Development Agreement will ensure the implementation of the MCAS Tustin Specific Plan, eliminate uncertainty in planning, provide for the orderly development of the SOCCCD Property, eliminate uncertainty about the validity of the application of the rules and regulations in the MCAS Tustin Specific Plan to the SOCCCD Property and SOCCCD, allow installation of necessary or desirable improvements, provide for public services appropriate to the development and use of the SOCCCD Property, and secure orderly fiscal benefits for public infrastructure and generally serve the public interest within City and the surrounding region. E. 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. F. That a public hearing was duly called, noticed, and held on said application on May 13, 2013, by the City Council. G. 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. H. 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. Ordinance No. 1433 DA 2013 -002 Page 3 That DA 2013 -002 would reduce ambiguity and clarify ministerial project review requirements to avoid duplicative reviews between the City and the Division of the State Architect and simplifying development review procedures. DA 2013 -002 includes items such as duration of the Agreement, permitted uses of the project site, intensity of uses of the project site, provision for reservation and /or dedication of land for public purposes, infrastructure construction and payment agreement, phasing, etc. and comply Section 9611 of the Tustin City Code as follows: a. DA 2013 -002 is consistent with the objectives, policies, and general land uses and programs specified in the General Plan and MCAS Tustin Specific Plan in that the project would further the goals and objectives of the education village by providing a variety of uses in support of education uses envisioned at the project site. b. With the approval of SPA 2013 -001, DA 2013 -002 will compatible with the uses authorized in the MCAS Tustin Specific Plan. c. DA 2013 -002 is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the project site is designated for educational uses and proposed GPA 2013 -001, SPA 2013 -001, and DA 2013 -002 would facilitate the public convenience, necessity and welfare by providing support and related uses to education campus. d. An environmental analysis has been conducted and determined that there will not be any detrimental effect to the health, safety, and welfare with the implementation of the DA 2013 -002. In addition, the proposed development would comply with all applicable Federal, State, and Local rules and regulations. e. With the approval of the land exchange agreement and the associated implementation actions, DA 2013 -002 will provide for an orderly development with larger and contiguous land areas for the City and the SOCCCD to support the education uses planned in the project area. f. DA 2013 -002 will have a positive fiscal impact on the City in that the project is a partnership with the SOCCCD and construction costs for Bell Avenue extension and other implementation actions will be shared as stated in the Land Exchange Agreement and DA 2013- 002. In addition, with the addition of private for - profit uses, the project would generate tax revenues that can be used to provide essential services to the community SECTION 2. The City Council hereby approves Development Agreement 2013 -002 attached hereto as Exhibit A and subject to final approval of the City Attorney. 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, Ordinance No. 1433 DA 2013 -002 Page 4 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 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1433 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. 1433 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: