HomeMy WebLinkAboutORD 1443 (2014) ORDINANCE NO. 1443
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING AMENDMENT #1 TO
DEVELOPMENT AGREEMENT 2013-002 (DA 2014-002)
BETWEEN THE CITY OF TUSTIN AND THE SOUTH
ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
(SOCCCD) TO EFFECTUATE THE DISPOSITION OF
APPROXIMATELY FIVE (5) ACRES OF LAND COMPRISED
OF TWO (2) PARCELS (SITES A AND B) FROM SOCCCD
TO THE CITY OF TUSTIN WITHIN THE BOUNDARIES OF
• THE MARINE CORPS AIR STATION (MCAS) TUSTIN
SPECIFIC PLAN. MORE SPECIFICALLY, SITE A IS
LOCATED NORTH OF VALENCIA AVENUE, WEST OF
SEVERYNS ROAD, EAST OF LANSDOWNE DRIVE. SITE B
IS LOCATED NORTH OF THE VILLAGE OF HOPE, SOUTH
OF VALENCIA AVENUE, EAST OF RED HILL AVENUE AND
WEST OF HOPE DRIVE
The City Council of the City of Tustin, California, hereby ordains as follows:
SECTION 1. The City Council finds and determines as follows:
A. That the City of Tustin ("City") wishes to acquire additional land (Site A:
Planning Area 1-E) to potentially use for park purposes in conjunction with an
adjoining potential future park site and a remnant strip of land (Site B: Portion
of Planning Area 1-H) to be used for entry monumentation and landscaping
for Tustin Legacy and/or other uses permitted under the MCAS Tustin
Specific Plan. More specifically, Site A is located North of Valencia Avenue,
West of Severyns Road, East of Lansdowne Drive. Site B is located North of
the Village of Hope, South of Valencia Avenue, East of Red Hill Avenue and
West of Hope Drive.
B. That the City and the South Orange County Community College District
("SOCCCD") propose to enter into an agreement to delineate the terms,
purchase price and processes associated with the City's purchase from
SOCCCD of the strip parcel and SOCCCD's relinquishment of its rights to
acquire ownership of the Valencia Parcel and ultimate City ownership of the
two parcels.
C. That the application consists of two (2) agreements: The agreement
concerning Valencia Parcel and a strip parcel between SOCCCD and the City
("Valencia Agreement"); and, Amendment #1 to Development Agreement
2013-002 and Amended and Restated Agreement between the City and
SOCCCD for Conveyance of a Portion of MCAS Tustin and the Establishment
of an Advanced Technology Educational Park (ATEP) ("DA 2014-002").
Ordinance No. 1443
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D. That a public hearing was duly called, noticed, and held on said application
on May 27, 2014, by the Planning Commission. The Planning Commission
adopted Resolution No. 4258 recommending that the City Council adopt
Ordinance No. 1443.
E. That a public hearing was duly called, noticed, and held on said application
on June 17, 2014, by the City Council.
F. That on January 16, 2001, the City Council 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. 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 Califomia Environmental Quality Act
(CEQA). The FEIS/EIR, Addenda and Supplement considered the potential
environmental impacts associated with development on the former MCAS
Tustin.
G. That an Environmental Checklist attached hereto as Exhibit A has been
prepared and concluded that approval of the Valencia Agreement and DA
2014-002 does 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.
H. That the proposed DA 2014-002 will ensure the implementation of the MCAS
Tustin Specific Plan, eliminate uncertainty in planning, provide for the orderly
development of the SOCCCD and City properties, allow installation of
necessary or desirable improvements, provide for public services appropriate
to the development and use of the City and SOCCCD properties, secure
orderly fiscal benefits for public infrastructure, generally serve the public
interest within the City and the surrounding region and otherwise complies
Section 9611 of the Tustin City Code as follows:
1. DA 2014-002 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 City and the SOCCCD education village by providing
orderly development envisioned at the project sites.
2. DA 2014-002 is consistent with the MCAS Tustin Specific Plan. Any
future uses of properties be acquired under the Valencia Agreement
Ordinance No. 1443
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will be further analyzed at time of development proposals for
111 consistency with the MCAS Tustin Specific Plan.
3. DA 2014-002 is in conformity with the public necessity, public
convenience, general welfare, and good land use practices in that the
subject parcels are remnant properties that are physically separated
from the primary ATEP campus; and, consolidating the properties for
ultimate City ownership would allow for more efficient and rational
planning of the properties pursuant to the MCAS Tustin Specific Plan.
4. 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 DA 2014-002. In addition, the
proposed development complies with all applicable Federal, State, and
Local rules and regulations.
SECTION 2. The City Council hereby approves DA 2014-002 attached hereto as Exhibit
B and authorizes the City Manager to execute, subject to final approval of
the City Attorney as to form.
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 1st day of July, 2014.
W YN • .-^:TRAY,
/ Mayor
JEF . PARKER,
Lill Kl
Ordinance No. 1443
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APPROVED AS TO FORM:
0 I 1 /
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN
ORDINANCE NO. 1443
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. 1443 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
17 day of June, 2014 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the 15t day of July, 2014 by the following
vote:
COUNCILPERSONS AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
el--
JEF•R ' . PARKER,
Ci ; Cle
1
Ordinance No. 1443
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