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Home My WebLink AboutPC RES 4266RESOLUTION NO. 4266 i ' i' ' i ' • '�•' i'� ' i •�• ` i - i , • • •• • '' • i' , - • , • - The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That The Irvine Company LLC wishes to convert up to 23,445 square feet of the former Edwards Theater located at 2982-3030 EI Camino Real to Community Facilities available to the public and to allow the transfer of development rights of the theater space to other potential development sites within the Tustin Market Place commercial center. B. That the Community Development Director has determined that the Community Facilities are a continuation of a pre-existing assembly use, would operate similarly to other allowed assembly uses, and are a permitted use in the Mixed -Use land use designation of the East Tustin Specific Plan. C. That the City of Tustin (the City) and The Irvine Company LLC propose to enter into a development agreement to delineate the terms, the appropriate uses of the Community Facilities, the responsibilities of the City of Tustin and The Irvine Company LLC, the costs to use the Community Facilities, and other general provisions and requirements. D. That the Community Facilities would be used for official City sponsored meetings, activities, functions and events, as well as activities allowed by the City in other community facilities such as family parties, wedding receptions, quinceneras, memorial services, banquets/luncheons, award ceremonies, craft fairs, health fairs, expos, meetings, trainings/seminars/workshops, presentations, non-commercial classes, dances, community gatherings, youth/teen programs, fundraisers, movie nights, musical performances, lecture series, educational programs, conferences and childhood development programs. 1001525.1 Resolution No. 4266 DA 2014-001 Page 2 E. That the City would program and establish the hours of use for the Community Facilities which will be during hours other than 7 am to 9 am and 4 pm to 6 pm Monday through Friday (off peak), and establish and enforce non-discriminatory rules and regulations concerning the use of the Community Facilities. The purpose of these hour restrictions, in part, is to minimize potential parking and circulation impacts within the Tustin Market Place. F. That the dedication of 23,445 square feet of existing floor area for community use to the City of Tustin for its sole use and programming will enable The Irvine Company, LLC to develop other sites within the Tustin portion of The Market Place commercial center. However, site development review(s), grading plan(s), building permit(s), assessment(s) to confirm compliance with entitlement approvals, and any applicable conditional use permits would be required for the new development. Further, the City would retain the right to disapprove an application for the new development if the localized impacts of the additional floor area are not mitigated by project design features. G. That The Irvine Company LLC agrees to waive its rights with respect to the development of the other commercial centers within Tustin Ranch, including the ability to charge the owners of the other centers any fees for developing the other centers, provided that the additional development at the other centers is approved by the City through the normal entitlement and development process. H. That a public hearing was duly called, noticed, and held on said application on September 9, 2014, by the Planning Commission. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, proposed Development Agreement (DA) 2014-001 would allow for the continuation of an assembly use (Community Facilities within a former theater) and allow development rights to be transferred to other in -fill development project sites which would be subject to separate CEQA review. The DA has no possibility for causing a significant effect on the environment; therefore, the project is not subject to CEQA. J. That the proposed Fifth Amendment to the East Tustin DA 2014-001 will ensure the implementation of the East Tustin Specific Plan, eliminate uncertainty in planning, provide for the orderly development of the Tustin portion of The Market Place commercial center, allow the installation of necessary and desirable improvements, provide a venue for public and private events, generally serve the public interest within the City and the Resolution No. 4266 DA 2014-001 Page 3 surrounding region and otherwise comply with Section 9611 of the Tustin City Code as follows: 1. DA 2014-001 is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and East Tustin Specific Plan in that the project is consistent with Tustin General Plan Land Use Element Policies 9.1, 9.2, and 9.3, and would further the goals and objectives of the City and the Tustin portion of The Market Place commercial center by providing for orderly development envisioned at the project site as follows: Policy 9.1: Ensure the compatibility of development in East Tustin adjacent to existing developed areas. Policy 9.2: Provide for supporting land uses in East Tustin, including neighborhood commercial centers, park and recreational facilities, and schools, to serve the residential community. Policy 9.3: Continue development phasing which provides incremental growth that is coordinated with the existing adjacent development, infrastructure and market opportunities 2. DA 2014-001 is consistent with the East Tustin Specific Plan. Any future development and uses within the Tustin portion of The Market Place commercial center will be further analyzed at the time of development proposals for consistency with the East Tustin Specific Plan. 3. DA 2014-001 is in conformance with the public necessity, public convenience, general welfare, good land use practices, and the orderly development of property, in that the establishment of Community Facilities within the former theater space will provide a venue that is available to the public for private and public events; and, allowing the transfer of development rights to other potential development sites would allow for more efficient and rational planning of the Tustin portion of The Market Place commercial center pursuant to the East 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 2014-001 in that the Community Facilities will be used during off peak hours, and future potential in -fill development project sites would be subject to separate review. In addition, DA 2014-001 complies with all applicable Federal, State, and Local rules and regulations. Resolution No. 4266 DA 2014-001 Page 4 5. DA 2014-001 will have a positive fiscal impact on the City in that it will provide Community Facilities to the City and allow for potential development that would provide sales tax and property tax revenue to the City. 11. The Planning Commission hereby recommends that the City Council adopt Ordinance 1449 approving DA 2014-001 (Fifth Amendment to the East Tustin DA) attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 9th day of September, 2014. �-- W--O- ILIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN Chairperson 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4266 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of September, 2014. A ITHITH A•AAMAI A A A A "fA, Altowaiji, Kozak, Lumbard, Smith, Thompson (5)