HomeMy WebLinkAboutAttachment E - Res No. 13-34ATTACHMENT E
Resolution No. 13 -34
RESOLUTION NO. 13-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AN AGREEMENT FOR
THE EXCHANGE OF LAND WITHIN THE BOUNDARIES OF
THE MCAS TUSTIN SPECIFIC PLAN BETWEEN THE CITY OF
TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY
COLLEGE DISTRICT
The City Council of the City of Tustin does hereby resolve as follows:
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); Development Agreement (DA) 2013 -002 to
facilitate the development, conveyance, and land exchange within the
boundaries of the MCAS Tustin Specific Plan; and an Agreement for the
Exchange of Real Property.
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 90 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 a public hearing was duly called, noticed, and held on said
application on May 13, 2013, by the City Council.
D. That 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
Resolution No. 13 -34
Agreement for the Exchange of Real Property
City of Tustin and SOCCCD
Page 2
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.
E. That 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 considered 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.
F. That Section 65402(a) of Government Code provides that no real property
shall be acquired, disposed of, no street vacated, and no public building or
structure shall be constructed or authorized until the location, purpose,
and extent of the acquisition, disposition, street vacation, and /or
construction of public building or structure have been reported upon by the
local planning agency as to the conformity with the applicable, adopted
general plan.
G. That Section 65402(a) of the Government Code authorizes the Planning
Commission to determine whether the location, purpose, and extent of the
acquisition, disposition, street vacation, and /or construction or
authorization of public building is consistent with the General Plan.
H. That the Planning Commission found that the proposed acquisition,
disposition, and potentially the construction of public building in
conjunction with the Agreement for the Exchange of Real Property
Between the City of Tustin and the South Orange County Community
College District is consistent with the General Plan.
II. The City Council hereby approves the Agreement for the Exchange of Real
Property between the City of Tustin and South Orange County Community
College District attached hereto as Exhibit 1.
III. The City Council authorizes the Mayor to execute the Agreement for Exchange
of Real Property and to the extent consistent herewith, the City Council
Resolution No. 13 -34
Agreement for the Exchange of Real Property
City of Tustin and SOCCCD
Page 3
authorizes the City Manager to execute the necessary escrow and other
documentation to effectuate the exchange of property.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting
on the 13th day of May, 2013.
ELWYN A. MURRAY
MAYOR
ATTEST:
JEFFREY C. PARKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Jeffrey C. Parker, 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. 13 -34 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 13th day of
May, 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
CITY CLERK