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HomeMy WebLinkAbout06-H (ORD 1473 (DEVELOPMENT AGREEMENT))ATTACHMENT H Ordinance No. 1473 (Development Agreement) ORDINANCE NO. 1473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2016-002 BETWEEN THE CITY OF TUSTIN AND INTRACORP SO CAL -1, LLC TO FACILITATE THE DEVELOPMENT OF ONE - HUNDRED FORTY (140) RESIDENTIAL CONDOMINIUM UNITS ON AN APPROXIMATE 6.81 ACRE SITE LOCATED AT 320-438 W. SIXTH STREET AND 620-694 S. B STREET. 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 proper application has been submitted by Intracorp So Cal -1 for the development of one -hundred forty (140) residential condominium units with common and private open space on an approximate 6.81 acre site and to provide for public benefits. B. That Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code authorize the Tustin City Council to enter into a Development Agreement. In compliance with Tustin City Code Section 9611, the Tustin Planning Commission must make a recommendation on the proposed Development Agreement to the City Council. C. That a public hearing was duly called, noticed, and held on said application on September 27, 2016, by the Planning Commission. The Planning Commission adopted Resolution No. 4327 recommending that the City Council approve the Development Agreement. D. That City prepared an Initial Study to evaluate the potential environmental impacts associated with the project that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared; E. That a public hearing was duly called, noticed, and held on said application on October 18, 2016, by the City Council. At the request of the applicant, the City Council continued the public hearing to November 15, 2016. F. That the City Council has considered the Initial Study/MND and the MMRP (Resolution No. 16-55) and comments received during the public review process and recommended the City Council find the Initial Study/MND adequate for the project. Ordinance 1473 Page 2of4 G. That the Development Agreement is supported by the following findings: 1. That the Development Agreement is consistent with GPA 2016-01 and ZC 2016-001, the project will be consistent with the objectives, policies, general land uses and programs specified in the General Plan in that residential uses are permitted uses within the Planned Community Residential (PC -Residential) land use designation and the Planned Community (PC) zoning district. 2. The project is compatible with the uses in the district in which the real property is located in that similar and compatible residential uses exist in close proximity to the project site. 3. That the project is compatible with the uses authorized in the district in which the property is located. 4. That the project is located adjacent to the Cultural Resources District and within walking distance of Old Town Tustin and will generate and contribute to the support of commercial activity in Old Town Tustin. 5. That the project is in conformity with the public necessity, public convenience, general welfare and good land use practices in that the project would provide 140 new housing units for new and existing Tustin residents thereby providing additional options of housing types to the City's house stock. 6. The project will not be detrimental to the health, safety and general welfare. The project will comply with the TCC, mitigation measures and conditions of approval and other regulations to ensure that the project will not be detrimental to the community. 7. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed and equipped with the necessary infrastructure and amenities to support existing and future residents and businesses in the City. 8. That the State Housing Element mandates that local governments adequately plan for housing needs of all economic segments of the community and Goal 1 of the Tustin General Plan Housing Element supports state housing law. The project is a market -rate for sale housing development and would not be affordable housing under the state law. 9. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will pay an in -lieu affordable housing fee which will be used Ordinance 1473 Page 3of4 for development of affordable housing at another location within the City. 10. That the provision to require the removal of the cell site prior to completion of the project would ensure the project compliance with the Tustin City Code and would not create a non -conforming condition at the project site. 11. That the approval of the DA will provide for an orderly development and provide public benefits. 12. A Fiscal Impact Analysis was prepared and submitted along with the DA which verifies that the project will have a positive fiscal impact on the City over and above that of the current industrial uses. SECTION 2. The City Council hereby approves Development Agreement 2016-002 attached hereto as Exhibit A and subject to final approval of the City Attorney. SECTION 3: The City Manager is hereby authorized to take such actions, and execute such documents and instruments as deemed necessary or desirable to implement the terms of the DA and other documents as necessary. SECTION 4. 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 15th day of November, 2016. JOHN NIELSEN Mayor ERICA N. RABE City Clerk Ordinance 1473 Page 4of4 APPROVED AS TO FORM: DAVID E. KENDIG City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) I, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do 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. 1473 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 15tH day of November, 2016 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of 2016 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE City Clerk Published: