HomeMy WebLinkAbout13 SECOND READING & ADOPTION OF ORDINANCE NO. 1489MEETING DATE:
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item 13
AGENDA REPORT RCtyManager
Finance Director N/A
FEBRUARY 6, 2018
JEFFREY C. PARKER, CITY MANAGER
ERICA N. RABE, CITY CLERK
SECOND READING AND ADOPTION OF ORDINANCE NO. 1489
Ordinance No. 1489 amends the Tustin City Code by approving Development
Agreement 2017-001 to facilitate the development and conveyance of an approximate
20 -acre site within the boundaries of the Tustin Legacy Specific Plan.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1489.
BACKGROUND:
On January 16, 2018, the City Council had first reading by title only of the following
Ordinance:
ORDINANCE NO. 1489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING
DEVELOPMENT AGREEMENT (DA) 2017-001 BETWEEN THE CITY OF TUSTIN
AND THE CALATLANTIC INC. TO FACILITATE THE DEVELOPMENT OF 218
HOMES WITHIN NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN.
Attachment: Ordinance No. 1489
ORDINANCE NO. 1489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA)
2017-001 BETWEEN THE CITY OF TUSTIN AND THE
CALATLANTIC INC. TO FACILITATE THE DEVELOPMENT
OF 218 HOMES WITHIN NEIGHBORHOOD G OF THE MCAS
TUSTIN SPECIFIC PLAN.
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 CalAtlantic Inc. for the
development of 218 residential units, a community facility and other
neighborhood amenities on an approximately 20 -acre site currently owned by
the City of Tustin within Planning Area 15 of the Tustin Legacy Specific plan.
B. That Tustin Legacy Specific Plan Section 4.2.7 requires all private development
at Tustin Legacy to obtain a Development Agreement in accordance with
Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of
the Tustin City Code. 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 November 28, 2017, by the Planning Commission. The Planning
Commission adopted Resolution No. 4356 recommending that the City
Council adopt Ordinance No. 1489.
D. That a public hearing was duly called, noticed, and held on said application
on December 19, 2017, by the City Council and the item was continued to
January 16, 2018.
E. On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for
the reuse and disposal of MCAS Tustin. On December 6, 2004, the City
Council adopted Resolution No. 04-76 approving a Supplement to the
FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and
the future alignment of Valencia North Loop Road. On April 3, 2006, the City
Council adopted Resolution No. 06-43 approving an Addendum to the
FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No.
13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017, the
City Council adopted Resolution No. 17-23 approving a second Supplement to the
FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program
EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR,
Ordinance No. 1489
DA 2017-001
Page 2
Addenda and Supplement considered the potential environmental impacts
associated with development on the former Marine Corps Air Station, Tustin.
An Environmental Checklist has been prepared and concluded that these
actions do not result in any new significant environmental impacts or a
substantial increase in the severity of any previously identified significant
impacts in the FEIS/EIR. Moreover, no new information of substantial
importance has surfaced since certification of the FEIS/EIR.
F. That the Development Agreement can be supported by the following findings:
1. The project is consistent with the objectives, policies, general land uses
and programs specified in the General Plan and the Tustin Legacy
Specific Plan in that residential uses are permitted uses within Planning
Area 15 of Neighborhood G.
2. The project is compatible with the uses authorized in the district in which
the real property is located (Planning Areas 15) in that similar and
compatible uses exist and are envisioned within the close proximity of
the project site
3. The project is in conformity with the public necessity, public
convenience, general welfare, and good land use practices in that the
project would provide three (3) product types within the 218 new
housing units for new and existing Tustin residents thereby providing
additional options for housing to the City's housing stock.
4. The project will not be detrimental to the health, safety, and general
welfare. The project will comply with the Tustin Legacy Specific Plan,
Tustin City Code, and other regulations to ensure that the project will not
be detrimental in any way.
5. The project will not adversely affect the orderly development of property
in that the proposed project is orderly, well designed, and equipped with
necessary infrastructure and amenities to support existing and future
residents and businesses in Tustin Legacy.
6. The project will have a positive fiscal impact on the City in that the
provisions of the proposed Development Agreement and conditions of
approval will ensure that the project will have a positive fiscal impact on
the City.
SECTION 2. The City Council hereby approves Development Agreement 2017-001
attached hereto as Exhibit A and subject to final approval of the City
Attorney.
Ordinance No. 1489
DA 2017-001
Page 3
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 6th day of February, 2018.
ELWYN A. MURRAY
Mayor
ERICA N. RABE
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
Ordinance No. 1489
DA 2017-001
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
ORDINANCE NO. 1489
ERICA N. RABE, 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.
1489 was duly and regularly introduced at a regular meeting of the Tustin City
Council, held on the 16th day of January, 2018, and was given its second reading,
passed, and adopted at a regular meeting of the City Council held on the 6th day of
February, 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE
City Clerk