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