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Home My WebLink About02 GPC 2015-001 TUSTIN LEGACYITEM #2 401 AG NDA R PORT ZtS'�1 MEETING DATE: MAY 1212015 TO: PLANNING COMMISSION FROM: ELIZABETH A. BINSACK, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: GENERAL PLAN CONFORMITY 2015-001 DETERMINATION FOR THE DISPOSITION AND ACQUISITION OF A SCHOOL SITE AT TUSTIN LEGACY; INVESTIGATION AND DETERMINATION REQUEST FOR A SCHOOL SITE; AND, ZONING CODE EXEMPTION NOTIFICATION APPLICANT: CITY OF TUSTIN TUSTIN UNIFIED SCHOOL DISTRICT (TUSD) PROPERTY OWNER: CITY OF TUSTIN LOCATION: ZONING: GENERAL PLAN: ENVIRONMENTAL DETERMINATION: RECOMMENDATION SOUTHWEST CORNER OF TUSTIN RANCH ROAD AND VALENCIA AVENUE MCAS TUSTIN SPECIFIC PLAN MCAS TUSTIN SPECIFIC PLAN GENERAL PLAN CONFORMITY DETERMINATIONS REQUIRED BY GOVERNMENT CODE SECTIONS 65402 AND 21151.2 AND ZONING CODE EXEMPTION REQUEST ARE NOT CONSIDERED "PROJECTS" REQUIRING ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) That the Planning Commission adopt Resolution No. 4282 determining that: 1. The location, purpose, and extent of the proposed disposition by the City and acquisition by the TUSD of an approximate 40 -acre site to develop school facilities which comprised of 6-12 School Project is in conformance with the Tustin General Plan; 2. The proposed 40 -acre site is appropriate for a school site; and, Planning Commission Report GPC Determination — TUSD May 12, 2015 Page 2 3. The City acknowledges the TUSD Board's plan to overrule the zoning applicability to a 40 -acre site pursuant to Government Code Section 53094. APPROVAL AUTHORITY Pursuant to Section 65402(a) of the Government Code, the Planning Commission is authorized to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan. Pursuant to Public Resources Code Section 21151.2, to promote the safety of pupils and comprehensive planning, the governing board of each school district before acquiring title to property for a new school site shall obtain a written investigation report and recommendation from the Planning Commission. Pursuant to Government Code Section 53094, the governing board of a school district may notify the City of its intent to overrule or exempt the proposed school facility from the local zoning. BACKGROUND/DISCUSSION The TUSD proposes to develop school facilities within the Tustin Legacy. The project involves the disposition by the City and acquisition by TUSD of an approximate 40 -acre site within Planning Area 8 of the MCAS Tustin Specific Plan. 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Sc.We (Feet) Planning Commission Report GPC Determination — TUSD May 12, 2015 Page 3 The proposed school facilities would accommodate Legacy Academy, a 6-12 magnet Science, Technology, Engineering and Math (STEM) School; and alternative education facility; and possibly future District office facilities. el;l 11 YIP , Affilefic Field r s L 4 j WntranBasin `, �y Of :Future Lincor Park Alffnative Educat on Program � 3�3 Scala (Feat) LU The proposed 6-12 school project is subject to the execution of the School Facilities Implementation, Funding and Mitigation Agreement Between TUSD, Community Facility District No. 06-1 of TUSD, the City of Tustin and Community Facilities District No. 2014- 1 of the City ("I/M Agreement") and the included Joint Community Facilities District 2014-1 of the City and Standard Pacific Corp. ("TUSD/JCFA") and compliance with CEQA and Education Code Section 17210 et al. General Plan Conformity Pursuant to Section 65402(c) of the California Government Code (Planning and Development Law), a general plan conformity determination from local planning agencies prior to acquisition or disposition of real property by a local agency is required. The proposed disposition to accommodate the TUSD school facilities supports the General Plan Land Use, including the following: F� 1`. Alffnative Educat on Program � 3�3 Scala (Feat) LU The proposed 6-12 school project is subject to the execution of the School Facilities Implementation, Funding and Mitigation Agreement Between TUSD, Community Facility District No. 06-1 of TUSD, the City of Tustin and Community Facilities District No. 2014- 1 of the City ("I/M Agreement") and the included Joint Community Facilities District 2014-1 of the City and Standard Pacific Corp. ("TUSD/JCFA") and compliance with CEQA and Education Code Section 17210 et al. General Plan Conformity Pursuant to Section 65402(c) of the California Government Code (Planning and Development Law), a general plan conformity determination from local planning agencies prior to acquisition or disposition of real property by a local agency is required. The proposed disposition to accommodate the TUSD school facilities supports the General Plan Land Use, including the following: Planning Commission Report GPC Determination — TUSD May 12, 2015 Page 4 1. Land Use Element Goal 1: Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. 3. Land Use Goal 6: Improve urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods. 4. Land Use Goal 8: Ensure that necessary public facilities and services should be available to accommodate development proposed on the Land Use Policy Map. 5. Land Use Goal 13: Continue to implement the Specific Plan/Reuse for MCAS Tustin which maximizes the appeal of the site as a mixed-use and master planned development. 6. MCAS Tustin Specific Plan, Neighborhood D, Planning Area 8, allows for public school as a permitted use. As such, the proposed future school facility implements both the General Plan and the MCAS Tustin Specific Plan. Public Resources Code Section 21151.2 Public Resources Code Section 21151.2 requires the Planning Commission to investigate the proposed school site and submit a written report of its recommendation concerning the acquisition of the school site. Section 3.6 of the MCAS Tustin Specific Plan provides for the development of public schools as permitted uses. Essentially, the MCAS Tustin Specific Plan anticipates the development of a 40 -acre high school site and a 10 -acre elementary site to accommodate student generation from the future developments at the Tustin Legacy. The Specific Plan identifies a general location of the potential high school site; however, the 10 -acre site for the elementary school was identified as a potential use within Planning Area 15 without specific site location. These school sites were included in the Final Environmental Impact Report/Environmental Impact Study (FEIR/EIS) prepared for Tustin Legacy and satisfy the requirements for school facilities. In the letter dated April 30, 2015 (Attachment B) TUSD believes that based on the performance of the I/M Agreement and the TUSD/JCFA, TUSD will be able to meet the Planning Commission Report GPC Determination — TUSD May 12, 2015 Page 5 needs of the Tustin Legacy present and future K-12 students generated at the 40 -acre site and without the need of the 10 -acre site. Accordingly, the 10 -acre site will be released for future development of underlying zoning as allowed by the MCAS Tustin Specific Plan. Since the 40 -acre school site has been identified and analyzed in the FEIR/EIS, the Planning Commission could provide its determination that the proposed school site is appropriate. As the FEIR/EIS is a program EIR, TUSD is currently undergoing further environmental review of their proposed school facilities to ensure adequate site planning, traffic and infrastructures connectivity are provided. Go vemmen t Code 53094 Government Code Section 53094 provides a provision for the governing board of a school district to render the City's zoning ordinance inapplicable to a proposed use of property by the school district. However, the governing board of the school district may not take this action when the proposed use of the property is for non -classroom facilities, including but not limited to, warehouse, administrative buildings, and automotive storage and repair buildings. The governing board of the school district shall, within 10 days, notify the City of its action taken pursuant to this Section of the Government Code. In the letters dated April 29, 2015, TUSD asserted its plan to overrule the zoning applicability to 40 -acre site and indicated that TUSD will notify the City when it elects to take such action. The City has the ability following the notice to commence an action in the superior court seeking review of the governing board of the school district action to determine if it was arbitrary and capricious. While TUSD has the ability to exempt itself from the Tustin Zoning Code for classroom facilities, TUSD is required to follow the Division of State Architect standards for its school facilities. Government Code Section 53094 does not require the Planning Commission to take any action related to this. This matter is brought forward to the Planning Commission as an information item only. CONCLUSION Based upon the City's adopted General Plan, the location, purpose, and extent of the proposed disposition by the City of Tustin and acquisition by TUSD to accommodate the school facilities is in conformance with the approved General Plan; the proposed school site is appropriate and the exemption of TUSD from the zoning code would not jeopardize the safety of the students attending the school. Accordingly, staff recommends that the Planning Commission adopt Resolution No. 4282. Planning Commission Report GPC Determination — TUSD May 12, 2015 Page 6 J stina Willkom Assistant Director —Planning Elizabeth A. Binsack Director of Community Development Attachments: A. Location Map B. Letters from Tustin Unified School District: a. Government Code Section 65402 Request b. Public Resources Code Section 21151.2 Request c. MCAS Tustin — 10 -acre Site I/M Agreement C. Resolution No. 4282 ATTACHMENT A Loc,atton,Map ATTACHMENT B Letters from Tustin Unified School District BOWIE, ARNESON, WILES & GIANNONE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW ALEXANDER BOWIE* JOAN C. ARNESON WENDY H. WILES* PATRICIA B. GIANNONE ROBERT E. ANSLOW BRIAN W. SMITH JEFFREY A. HOSKINSON JEFFREY W. FREY MATTHEW T. NICHOLS DIANA X. SUN *A PROFESSIONAL CORPORATION City of Tustin Community Development 300 Centennial Way Tustin, California 92780 4920 CAMPUS DRIVE NEWPORT BEACH, CALIFORNIA 92660 (949) 851-1300 April 29, 2015 Attention: Elizabeth A. Binsack, Community Development Director Re: Request for Report on Proposed Acquisition of Property for Possible School Site—Tustin Unified School District California Government Code Section 65402 Request Dear Ms. Binsack: (800) 649-0997 FAX (949) 851-2014 REF. OUR FILE 18047 B1 As described herein the proposed "6-12 School Project" is subject to the execution of the School Facilities Implementation, Funding and Mitigation Agreement Between Tustin Unified School District, Community Facilities District No. 06-1 of Tustin Unified School District, the City of Tustin and Community Facilities District No. 2014-1 of the City of Tustin, ("I/M Agreement"), the Joint Community ' Facilities Agreement By and Among Tustin Unified School District, Community Facilities District No. 2014-1 of the City of Tustin and Standard Pacific Corp. ("TUSD/JCFA"), compliance with the California Environmental Quality Act ("CEQA") and Education Code Section 17210 and following. The proposed I/M Agreement provides for the acquisition of the therein described Site No. 2 consisting of 40 to 41 net useable "Construction Ready" acres and construction and operation of the described 6-12 School Project. On behalf of the Tustin Unified School District ("TUSD") and as provided by California Government Code Section 654025 it is respectfully requested that the Planning Commission of the City of Tustin review and provide a report as to the acquisition of Site No. 2 and its 'Iconformity" to the City of Tustin's "General Plan or part thereof. " Site No. 2 is proposed to be used for the proposed 6-12 School Project for approximately 1,200 students as set forth in the I/M Agreement. As discussed, prior to the close of escrow to acquire Site No. 2 from the City of Tustin pursuant to existing agreements and the I/M Agreement, it is anticipated that the Governing Board of the Tustin Unified School District may overrule the zoning applicable to Site No. 2 for construction and operation of the 6-12 School Project as provided by Government Code Section BAW&G/181677 BOWIE, ARNESON, WILES & GIANNONE City of Tustin — Community Development Attn: Elizabeth A. Binsack, Community Development Director April 29, 2015 Page 2 53094. TUSD shall notify the City of Tustin within ten (10) days if TUSD elects to take such action as to use of Site No. 2 for the 6-12 School Project. If you have any questions or desire further information, please contact Mr. Anthony Soria, Chief Financial Officer, for TUSD at (714) 7307301 and asoria Q,tustin.kl2.ca.us. Very truly yours, BOWIE, ARNESON, WILES & GIANNONE Alexander Bowie cc: Anthony Soria BAW&G/181677 BOWIE, ARNESON, WILES & GrIANNONE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW ALEXANDER BOWIE* JOAN C. A.R.NESON WENDY H. WILES* PATRICIA B. GIANNONE ROBERT E. ANSLOW BRIAN W. SMITH JEFFREY A. HOSKINSON JEFFREY W. FREY MATTHEW T. NICHOLS DIANA X. SUN *A PROFESSIONAL CORPORATION City of Tustin Community Development 300 Centennial Way Tustin, California 92750 4920 CAMPUS DRIVE (800) 649-0997 NEWPORT BEACH, CALIFORNIA 92660 FAX (949) 851-2014 (949) 851-1300 REF. OUR FILE 18047 B1 April 29, 2015 Attention: Elizabeth A. Binsack, Community Development Director Re: Request for Report on Proposed Acquisition of Property for Possible School Site—Tustin Unified School District Public Resources Code Section 21151.2 Request Dear Ms. Binsack: As described herein the proposed "6-12 School Project" is subject to the execution of the School Facilities Implementation, Funding and Mitigation Agreement Between Tustin Unified School District, Community Facilities District No. 06-1 of Tustin Unified School District, the City of Tustin and Community Facilities District No. 2014-1 of the City of Tustin, ("I/M Agreement"), the Joint Community Facilities Agreement By and Among Tustin Unified School District, Community Facilities District No. 2014-1 of the City of Tustin and Standard Pacific Corp. ("TUSD/JCFA"), compliance with the California Environmental Quality Act ("CEQA") and Education Code Section 17210 and following. The proposed I/M Agreement provides for the acquisition of the therein described Site No. 2 consisting of 40 to 41 net useable "Construction Ready" acres and construction and operation of the described 6-12 School Project. On behalf of the Tustin Unified School District ("TUSD") and as provided by California Public Resources Code Section 21151.2, it is respectfully requested that the Planning Commission of the City of Tustin review and provide a report as to its "investigations and recommendations" concerning the possible use by TUSD of Site No. 2, for the proposed 6-12 School Project for approximately 1,200 students as set forth in the I/M Agreement. As discussed, prior to the close of escrow to acquire Site No. 2 from the City of Tustin pursuant to existing agreements and the I/M Agreement, it is anticipated that the Governing Board of the Tustin Unified School District may overrule the zoning applicable to Site No. 2 for construction and operation of the 6-12 School Project as provided by Government Code Section 53094. TUSD shall notify the City of Tustin within ten (10) days if TUSD elects to take such action as to use of Site No. 2 for the 6-12 School Project. BAW&G/181671 BOWIE, ARNESON, WILES & GIANNONE City of Tustin --- Community Development Attention: Elizabeth A. Binsack, Community Development Director April 29, 2015 Page 2 If you have any questions or desire further information, please contact Mr. Anthony Soria, Chief Financial Officer, for TUSD at (714) 730-7301 and asoriagtustin.kl2.ca.us. Very truly yours, BOWIE, ARNESON, WILES & GIANNONE ,rte% By. Alexander Bowie cc: Anthony Soria BAW&G/181671 ATTACHMENT C Resolution No. 4282 RESOLUTION NO. 4282 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN DETERMINING THAT THE LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED DISPOSITION BY THE CITY OF TUSTIN AND ACQUISITION BY THE TUSTIN UNIFIED SCHOOL DISTRICT OF AN APPROXIMATLEY 40 ACRE SITE WITHIN PLANNING AREA 8 (NEIGHBORHOOD D) OF THE MCAS TUSTIN SPECIFIC PLAN TO ACCOMMODATE SCHOOL FACILITIES IS IN CONFORMANCE WITH THE APPROVED GENERAL PLAN; THE PROPOSED 40 -ACRE SITE IS APPROPRIATE FOR A SCHOOL SITE; AND ACKNOWLEDGES THE TUSTIN UNIFIED SCHOOL DISTRICT PLAN TO OVERRULE THE ZONING APPLICABILITY TO THE 40 -ACRE SCHOOL SITE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That the Tustin Unified School District requested that the City make a General Plan Conformity for the acquisition of an approximately 40 -acre site currently owned by the City of Tustin within Planning Area 8 of the MCAS Tustin Specific Plan; investigate and determine that the 40 -acre site is appropriate for school facilities; and indicated of its plan to overrule the zoning applicability to the 40 - acre school site. B. That the City wishes to dispose of an approximately 40 acre site within Planning Area 8 to accommodate the construction of new school facilities for Tustin Unified School District. C. That the Tustin Unified School District wishes to acquire the 40 acre site from the City of Tustin for the construction of Legacy Academy, a 6-12 magnet Science, Technology, Engineering and Math (STEM) School; and alternative education facility; and possibly future District office facilities. D. That the proposed 6-12 school project is subject to the execution of the School Facilities Implementation, Funding and Mitigation Agreement Between Tustin Unified School District, Community Facility District No. 06-1 of Tustin Unified School District, the City of Tustin and Community Facilities District No. 2014-1 of the City of Tustin ("I/M Agreement") and the included Joint Community Facilities District 2014-1 of the City of Tustin and Standard Pacific Corp. ("TUSD/JCFA") and compliance with the California Environmental Quality Act ("CEQA") and Education Code Section 17210 et al. E. That TUSD has conducted a study and has determined that the originally identified 10 -acre elementary school site at Planning Area 15 of the MCAS Tustin Specific Plan is no longer necessary to accommodate the students generation from Tustin Legacy and that TUSD instead will combine the elementary and high school needs at the 40 -acre site within Planning Area 8 of Resolution No. 4282 Page 2 the MCAS Tustin Specific Plan. Accordingly, the 10 -acre site will be released for future development. F. That Section 65402(a) of Government Code provides that no real property shall be disposed or acquired until the location, purpose, and extent of the project has been reported upon by the local planning agency as to the conformity with the adopted general plan. G. That the proposed disposition supports several General Plan Land Use Element goals, including the following: 1. Land Use Element Goal 1: Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. 3. Land Use Goal 6: Improve urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods. 4. Land Use Goal 8: Ensure that necessary public facilities and services should be available to accommodate development proposed on the Land Use Policy Map. 5. Land Use Goal 13: Continue to implement the Specific Plan/Reuse for MCAS Tustin which maximizes the appeal of the site as a mixed use and master planned development. 6. MCAS Tustin Specific Plan, Neighborhood D, Planning Area 8, allows for public school as a permitted use. As such, the proposed future school facility implements both the General Plan and the MCAS Tustin Specific Plan. H. That Section 65402 (a) of the Government Code authorizes the Planning Commission to determine whether the location, purpose, and extent of the proposed disposition of real property are consistent with the General Plan. I. That Section 21151.2 of Public Resources Code requires the Planning Commission to investigate the proposed school site and submit a written report of its recommendation concerning the acquisition of the school site. J. That the proposed 40 -acre school site has been identified and analyzed in the program Final Environmental Impact Report/Environmental Impact Statement for MCAS Tustin Specific Plan. Furthermore, Tustin Unified School District is undergoing an environmental review for this site to ensure adequate site Resolution No. 4282 Page 3 planning, traffic and infrastructures connectivity are provided and for compliance with all applicable State and local laws. Therefore, the proposed school site is appropriate. K. That Section 53094 of Government Code provides a provision for the governing board of a school district to render the City's zoning ordinance inapplicable to a proposed school site. However, this provision is not applicable to non -classroom facilities, including but not limited to, warehouses, administration buildings, and automotive storage and repair buildings. L. That Tustin Unified School District has asserted its plan to overrule the City's zoning code provision upon which the City will be notified of such action. M. That the general plan conformity determinations required by Government Code Section 65402(a); investigation and determination request for a school site; and, zoning exemption request are not "projects" requiring environmental review pursuant to the California Environmental Quality Act. II. The Planning Commission hereby determines that the location, purpose, and extent of the disposition of the subject parcel to accommodate TUSD new school facilities is in conformance with the approved General Plan; the proposed site is appropriate and consistent with the MCAS Tustin Specific Plan; and acknowledges TUSD intention to exempt itself from the Tustin Zoning Code. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 12th day of May, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTI N I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4282 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of May, 2015. ELIZABETH A. BINSACK Planning Commission Secretary