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HomeMy WebLinkAbout02 GP CONFORMITY AGMT ITEM #2 Inter-Com Report to the Planning Commission DATE: JULY 10, 2006 SUBJECT: GENERAL PLAN CONFORMITY DETERMINATION APPLICANT: CITY OF TUSTIN LOCATION/ PREBLE DRIVE BETWEEN EAST MAIN STREET AND EAST THIRD STREET PROPERTY CITY OF TUSTIN OWNER: ZONING: PUBLIC AND INSTITUTIONAL GENERAL PLAN DESIGNATION: PUBLlCIINSTITUTIONAL ENVIRONMENTAL DETERMINATION: GENERAL PLAN CONFORMITY DETERMINATIONS REQUIRED BY GOVERNMENT CODE SECTION 65402(A) ARE NOT "PROJECTS" REQUIRING ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION That the Planning Commission adopt Resolution No. 4024 determining that the location, purpose, and extent of the vacation of Preble Drive between East Main Street and East Third Street is in conformance with the Tustin General Plan. BACKGROUND/DISCUSSION Section 65402(a) of the California Government Code (Planning and Zoning Law) requires a general plan conformity determination from local planning agencies prior to vacation of a street by a local agency. The City of Tustin has identified the Tustin Library Project as a top priority and is proposing the vacation of Preble Drive between East Main Street and East Third Street for the purpose of assembling a site for the new library project located at 345 East Main Street. The County of Orange's Orange County Public Library ("OCPL") currently operates the Tustin Branch Library at 345 East Main Street through a lease agreement with the City of Tustin. -----~^._,._..,-,..,,-_.._._-_., -,-,..-.,..- ., ,- ,--',..-._--- Planning Commission Report General Plan Determination - Preble Drive Vacation July 10, 2006 Page 2 On September 12, 2005 and September 20, 2005, the Planning Commission and Zoning Administrator, respectively, approved the Library project with a proposed design across the Preble Drive right-of-way. The proposed design necessitates the vacation of Preble Drive and the possible relocation of some of the existing utilities. New utility easements will be shown on the construction drawings. The City Engineer shall ensure compliance with all applicable City Codes. Pursuant to Section 65402 (a) of the Government Code, the Planning Commission is authorized to determine whether the location, purpose, and extent of the proposed vacation is consistent with the General Plan. Preble Drive is a low volume local street and is not on the City's Arterial Highway Plan. The street is not necessary for local circulation and is not needed as a utility corridor. Although the segment of Preble Drive proposed to be vacated does provide access to Second Street and the segment of Preble Drive between Third Street and Second Street, there are two other access routes to this area. The subject street segment is approximately 16,200 square feet in area. The vacated street segment will be combined with parcels recently acquired on both sides of Preble Drive to form the area for the Tustin Branch Library project. On September 19, 2005, the City Council approved a General Plan Amendment to designate the project site as Public/Institutional to allow for the construction of a new library. The location, purpose and extent of the proposed vacation of Preble Drive for the Tustin Branch Library project is in conformance with the approved General Plan. a~.// Aft!:.~.~",- c /~CD.~ Elizabeth A. Binsack Tim D. Serlet Director of Community Development Director of Public Works/City Engineer Attachments: Resolution No. 4024 RESOLUTION NO. 4024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN DETERMINING THAT LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED VACATION OF PREBLE DRIVE BETWEEN EAST MAIN STREET AND EAST THIRD STREET CONFORMS WITH THE TUSTIN GENERAL PLAN The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A That the City of Tustin proposes the vacation of Preble Drive between East Main Street and East Third Street within the City of Tustin for the purpose of assembling a larger site for the construction of the new Tustin Branch Library at 345 East Main Street. B. That California Government Code Section 65402 (a) provides that no real property shall be vacated until the location, purpose, and extent of the project has been reported upon by the local planning agency as to the conformity with the applicable, adopted general plan. C. The City of Tustin has identified the expansion of the Tustin Branch Library at 345 East Main Street a top priority and is proposing the vacation of Preble Drive between Main Street and East Third Street. D. On September 12, 2005 and September 20, 2005, the Planning Commission and Zoning Administrator, respectively, approved the construction of a new library with a condition that Preble Drive be vacated to accommodate the new library design. E. On September 19, 2005, the City Council adopted Resolution No. 05-101 amending the general plan designation of the project site as Public/Institutional to allow for the construction of a new library. F. That Preble Drive is a low volume local street, is not on the City's Arterial Highway Plan, and is not needed for local circulation nor as an utility corridor. G. That the general plan conformity determinations required by Government Code Section 65402 (a) are not "projects" requiring environmental review pursuant to the California Environmental Quality Act. II. The Planning Commission hereby determines that the location, purpose, and extent of the vacation of Preble Drive between Main Street and East Third Street for the expansion of the Tustin Branch Library is in conformance with the Tustin General Plan Resolution No. 4024 July 10, 2006 Page 2 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 10th day of July 2006. . NATHAN MENARD, Chairperson ELIZABETH A BINSACK Planning Commission Secretary 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 Planning Commission of the City of Tustin, California, that Resolution No. 4024 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of July 2006. ELIZABETH A. BINSACK Planning Commission Secretary