HomeMy WebLinkAboutORD FOR ADOPTION 11-3-86TO:
FROH:
WILLIAM A. HUSTON, CITY MAI~RGER
MARY E. )lYNN, CITY CLERK
SUBJECT: ORDXNANCE NO. 978
OROINRNCE NO. 978 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING A
DEVELOPMENT AGREEMENT (EXHIBIT A ATTACHED HERETO), AS DEFINED BY SECTION 65865.2 OF
THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY
PERTAINING TO DEVELOPMENT WITHIN THE EAST TUSTIN SPECIFIC PLAN PROJECT AREA
RECOI~IENDATION: That Ordinance No. 978 have second reading by title only and that
Ordinance No. 978 be passed and adopted. (Roll Call Vote)
BACKGROU)~): Ordinance No. 978 had first reading by title only and introduction at the
October 22, 1986, City Council meeting under Public Hearing No. 1.
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ORDINANCE NO. 9?8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN ADOPTING A DEVELOPMENT AGREEMENT (EXHIBIT A
ATTACHED HERETO), AS DEFINED BY SECTION 65865.2 OF
THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF
TUSTIN AND THE IRVINE COMPANY PERTAINING TO
DEVELOPMENT WITHIN THE EAST TUSTIN SPECIFIC PLAN
PROJECT AREA.
The City Council of the City of Tustin does herby ordain as follows:
I. The City Council finds and determines as follows:
Ao
That on April 7, 1986 the East Tustin Specific Plan was adopted
by the City Council.
Bt
That prior to final adoption of the East Tustin Specific Plan,
Environmental Impact Report 85-2 prepared in conjunction with
the project was certified as final by the City Council.
That as a required element of the East Tustin Specific Plan, a
development agreement must be adopted by the City prior to
authorization of any development within the project area.
That a proposed Development Agreement has been submitted by The
Irvine Company pursuant to applicable provisions of state laws
and local ordinances and with the concurrence of the City of
Tustin.
That a public hearing before the Planning Commission was duly
called, noticed and held in consideration of the proposed
Development Agreement.
That the Planning Commission, by minute order has recommended to
City Council adoption of the proposed Development Agreement.
G. That a public hearing before the City Council was duly called,
noticed and held in consideration of the proposed Development
Agreement.
H. That a supplement to Final Environmental Impact Report (EIR)
85-2 has been prepared in conjunction with the proposed
Developemnt Agreement and in conformance with applicable
provisions of the California Environmental Quality Act
Guidelines.
That the Planning Commission by the adoption of Resolution No.
2367 recommended to City Council Certificaiton of Final EIR 85-2
as supplemented.
That pursuant to the California Environmental Quality Act Final
EIR 85-2 as revised by the SEIR, has been prepared, certified
and considered which adequately addresses the general
environmental setting of the proposed project, it significant
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Ordinance No. 978
Page 2
environmental impacts, and the alternatives and mitigation
measures related to each significant environmental effect for
the proposed project. The City Council, having final approval
authority over this project has reviewed and considered the
information contained in Final EIR 85-2 as revised by the SEIR
prior to approval of this project.
Changes or alterations have been incorporated into the project
which mitigate or avoid certain of the significant environmental
effects thereof. Pursuant to Sections 15091 and 15092 of the
State CEQA Guidelines all significant environmental effects and
corresponding mitigation measures together with the requisite
findings and facts related thereto have been comprehensively
set forth in Attachment A to Resolution 86-28, and in
Attachment A to Resolution 86-126, both of which are
incorporated herein by this reference. Conditions have been
adopted as part of this project or will be incorporated at the
appropriate level of development review which inforporates at
the appropriate level of development review which incorporate
all of the mitigation measures identified in the EIR and SEIR.
The benefits of the project have been balanced and considered
against its possible unavoidable environmental risks and against
the project alternatives identified in the final environmental
impact report and those benefits are found to be overriding,
all as set forth in Attachment A to Resolution 86-28, and in
Attachment A to Resolution 86-126, which are incorporated herein
by this reference.
That establishment and implementation of the plan as submitted,
under the circumstances of this case, will not be detrimental to
the health, safety, morals, comfort, or general welfare of the
persons residing or working in the neighborhood of such proposed
use, evidenced by the following findings.
The residential and commercial development referenced
within the proposed Development Agreement is consistent
with the Tustin Area General Plan as amended and adopted.
That residential and commercial development referenced
within the proposed Development Agreement is consistent
with the East Tustin Specific Plan as adopted.
That the establishment, maintenance, and operation of the
Development Agreement as submitted will not be injurious or
detrimental to the property and improvements in the neighborhood
of the subject property, nor to the general welfare of the City
of Tustin, and should be approved.
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Ordinance No. 978
Page 3
II. The City Council hereby adopts the Development Agreement as presented
in Exhibit "A" attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the day of , 1986.
DONALD J. SALTARELLI,
Mayor
ATTEST:
MARY E. WYNN,
City Clerk