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HomeMy WebLinkAboutATTACHMENT 6 PLANNING COMMISSION RESOLUTION NO. 4282ATTACHMENT 6 PLANNING COMMISSION 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 APPROXIMATE 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 (TUSD) requested that the City make a General Plan Conformity for the acquisition of an approximate 40 -acre site currently owned by the City of Tustin (the "City") 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 approximate 40 -acre site within Planning Area 8 to accommodate the construction of new school facilities for TUSD. C. That the TUSD wishes to acquire the 40 -acre site from the City for the construction of Legacy Academy, a 6-12 magnet Science, Technology, Engineering and Math (STEM) School; and alternative education facility; and possibly future TUSD 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 TUSD, Community Facility District No. 06-1 of TUSD, the City 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 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 generated 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 the MCAS Tustin Specific Plan. Accordingly, the 10 -acre site will be released for future development. Resolution No. 4282 Page 2 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, TUSD is undergoing an environmental review for this site to ensure adequate site planning, traffic and infrastructures connectivity are provided and for compliance with all applicable State and local laws. Therefore, the proposed school site is appropriate. Resolution No. 4282 Page 3 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 TUSD 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 CEQA. 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 Resolution No. 4282 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 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. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. blN-S-Wtl< Planning Commission Secretary Altowaiji, Kozak, Lumbard, Smith Thompson