HomeMy WebLinkAbout12 ORDINANCE NO. 1441 APROVING (DA) 2013-0031►'t� 4
AGENDA REPORT
VON
MEETING DATE: MARCH 4, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
Agenda Item t2
Reviewed:
City Manager
Finance Director
FROM: ERICA RABE, CITY CLERK SERVICES SUPERVISOR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1441
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2013-
003 BETWEEN THE CITY OF TUSTIN AND THE STANDARD
PACIFIC CORP. TO FACILITATE THE DEVELOPMENT OF 375
HOMES WITHIN NEIGHBORHOOD G OF THE MCAS TUSTIN
SPECIFIC PLAN
SUMMARY:
The project is a request to construct 375 single family detached units, a focal park, and
other neighborhood amenities. The site is located within Planning Area 15
(Neighborhood G) of the MCAS Tustin Specific Plan and generally bounded by future
Moffett Drive to the north, Jamboree Road to the east, Warner Avenue off -ramp to the
south, and future Park Avenue to the west. The proposed project requires approval of
Specific Plan Amendment, Concept Plan, Tentative Tract Map, Design Review,
Development Agreement, and Disposition and Development Agreement.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1441 (roll call vote).
BACKGROUND:
On February 18, 2014, the City Council had first reading by title only of the following
Ordinance:
ORDINANCE NO. 1441
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA)
2013 -003 BETWEEN THE CITY OF TUSTIN AND THE
STANDARD PACIFIC CORP. TO FACILITATE THE
DEVELOPMENT OF 375 HOMES WITHIN NEIGHBORHOOD G
OF THE MCAS TUSTIN SPECIFIC PLAN
ORDINANCE NO. 1441
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA)
2013 -003 BETWEEN THE CITY OF TUSTIN AND THE
STANDARD PACIFIC CORP. TO FACILITATE THE
DEVELOPMENT OF 375 HOMES WITHIN NEIGHBORHOOD
G 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 proper application has been submitted by Standard Pacific Corp. for the
development of 375 residential units, a focal park and other neighborhood
amenities on approximately 78 acre site currently owned by the City of Tustin
within Planning Areas 15 of the MCAS Tustin Specific plan.
B. That MCAS Tustin Specific Plan Section 4.2.9 requires all private development
at MCAS Tustin to obtain a Development Agreement in accordance with
Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of
the Tustin City Code. In compliance with Tustin City Code Section 9611, the
Tustin Planning Commission must make a recommendation on the proposed
Development Agreement to the City Council.
C. That a public hearing was duly called, noticed, and held on said application
on December 10, 2013, by the Planning Commission. The Planning
Commission adopted Resolution No. 4239 recommending that the City
Council adopt Ordinance No. 1441.
D. That a public hearing was duly called, noticed, and held on said application
on January 21, 2014, by the City Council and the City Council continued the
item to February 4, 2014 and continued it further to February 18, 2014.
E. That a public hearing was duly called, noticed, and held on said application
on February 18, 2014, 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 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. On April 3, 2006, the City
Council adopted Resolution No. 06 -43 approving an Addendum to the
FEIS /EIR. And, on May, 13, 2013, the City Council adopted Resolution No.
Ordinance No. 1441
Page 1 of 4
13 -32 approving a second Addendum to the FEIS /EIR. The FEIS /EIR along
with its Addenda and Supplement is a program EIR under the California
Environmental Quality Act (CEQA). The FEIS /EIR, Addenda and Supplement
considered the potential environmental impacts associated with development
on the former Marine Corps Air Station, Tustin.
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.
G. That the Development Agreement can be supported by the following findings:
1. The project is consistent with the objectives, policies, general land uses
and programs specified in the General Plan and the MCAS Tustin
Specific Plan in that residential uses are permitted uses within Planning
Area 15 of Neighborhood G.
2. The project is compatible with the uses authorized in the district in which
the real property is located (Planning Areas 15) in that similar and
compatible uses are envisioned within the close proximity of the project
site
3. The project is in conformity with the public necessity, public
convenience, general welfare, and good land use practices in that the
project would provide 375 various styles of new housing units for new
and existing Tustin residents thereby providing additional option of
housing types to the City's housing stock.
4. The project will not be detrimental to the health, safety, and general
welfare. The project will comply with the MCAS Tustin Specific Plan,
Tustin City Code, and other regulations to ensure that the project will not
be detrimental in any way.
5. The project will not adversely affect the orderly development of property
in that the proposed project is orderly, well designed, and equipped with
necessary infrastructure and amenities to support existing and future
residents and businesses in Tustin Legacy.
6. The project will have a positive fiscal impact on the City in that the
provisions of the proposed Development Agreement and conditions of
approval will ensure that the project will have a positive fiscal impact on
the City.
Ordinance No. 1441
Page 2 of 4
SECTION 2. The City Council hereby approves Development Agreement 2013 -003
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,
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 4th day of March, 2014.
ELWYN A. MURRAY,
Mayor
JEFFREY C. PARKER,
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
Ordinance No. 1441
Page 3 of 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
ORDINANCE NO. 1441
I, 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. 1441 was duly and regularly introduced at a regular meeting of the Tustin City
Council, held on the 18th day of February, 2014 and was given its second reading,
passed, and adopted at a regular meeting of the City Council held on the 4th day of
March, 2014 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Ordinance No. 1441
Page 4 of 4