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HomeMy WebLinkAbout07 SECOND READING ORDINANCE NO. 1449 (THE IRVINE COMPANY DEVELOPMENT AGREEMENT)Agenda Item 7 AGENDA REPORT Reviewed: City Manager Finance Director N/A MEETING DATE: OCTOBER 21, 2014 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ERICA N. RABE, CITY CLERK SERVICES SUPERVISOR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1449 SUMMARY: Ordinance No. 1449 approves Amendment No. 5 to the East Tustin Development Agreement (DA 2014 -001) between the City of Tustin and The Irvine Company LLC, to allow the conversion of up to 23,622 square feet of the former Edwards Theater located at 2982 -3030 El Camino Real to a City of Tustin Community Center and to allow the transfer of development rights of the theater space to other potential development sites within the Tustin Market Place commercial center. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1449 (roll call vote). BACKGROUND: On October 7, 2014, the City Council had first reading by title only of the following Ordinance: ORDINANCE NO. 1449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AMENDMENT #5 TO THE EAST TUSTIN DEVELOPMENT AGREEMENT (DA 2014- 001) BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY LLC, TO ALLOW THE CONVERSION OF UP TO 23,622 SQUARE FEET OF THE FORMER EDWARDS THEATER LOCATED AT 2982 -3030 EL CAMINO REAL TO A CITY OF TUSTIN COMMUNITY CENTER AND TO ALLOW THE TRANSFER OF DEVELOPMENT RIGHTS OF THE THEATER SPACE TO OTHER POTENTIAL DEVELOPMENT SITES WITHIN THE TUSTIN MARKET PLACE COMMERCIAL CENTER ORDINANCE NO. 1449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AMENDMENT #5 TO THE EAST TUSTIN DEVELOPMENT AGREEMENT (DA 2014 -001) BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY LLC, TO ALLOW THE CONVERSION OF UP TO 23,622 SQUARE FEET OF THE FORMER EDWARDS THEATER LOCATED AT 2982 -3030 EL CAMINO REAL TO A CITY OF TUSTIN COMMUNITY CENTER AND TO ALLOW THE TRANSFER OF DEVELOPMENT RIGHTS OF THE THEATER SPACE TO OTHER POTENTIAL DEVELOPMENT SITES WITHIN THE TUSTIN MARKET PLACE COMMERCIAL CENTER. 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 Irvine Company LLC wishes to convert up to 23,622 square feet of the former Edwards Theater located at 2982 -3030 El 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 portion of The 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 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 Ordinance No. 1449 Page 1 of 5 nights, musical performances, lecture series, educational programs, conferences and childhood development programs. 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 is to minimize potential parking and circulation impacts within the Tustin Market Place. F. That the dedication of 23,622 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, without having to provide further environmental studies for the development of the new floor area. 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. The Planning Commission adopted Resolution No. 4266 recommending that the City Council adopt Ordinance No. 1449. I. That a public hearing was duly called, noticed, and held on said application on October 7, 2014, by the City Council. J. 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 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. Ordinance No. 1449 Page 2 of 5 K. That the proposed Amendment #5 to the East Tustin Development Agreement (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 or desirable improvements, provide a venue for public and private events, generally serve the public interest within the City and the 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 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 conformity 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. Ordinance No. 1449 Page 3 of 5 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. 5. DA 2014 -001 will have a positive fiscal impact on the City in that it will provide Community Facilities to the City of Tustin and allow for potential development that would provide sales tax and property tax revenue to the City of Tustin. SECTION 2. The City Council hereby approves DA 2014 -001, attached hereto as Exhibit A, 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 21St day of October, 2014. ELWYN A. MURRAY, Mayor JEFFREY C. PARKER, City Clerk Ordinance No. 1449 Page 4of5 APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1449 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. 1449 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 7th day of October, 2014 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 21St day of October, 2014 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER, City Clerk Ordinance No. 1449 Page 5 of 5