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HomeMy WebLinkAboutPC RES 4492 RESOLUTION NO. 492 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE 1544, APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (DA) 2022- 0002, TO ELIMINATE OWNER'S REQUIREMENT TO PAY FOR THE VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM IN-LIEU FEE FOR THE "THE JESSUP" RESIDENTIAL PROJECT LOCATED AT WHAT WAS PREVIOUSLY 17802 AND 17842 IRVINE BOULEVARD AND WHICH IS CURRENTLY UNDER CONSTRUCTION. The Planning Commission does hereby resolve as follows.- I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Tustin 40 Development LLC for a request for the first amendment to DA-2022-0002, an agreement between the City of Tustin and Tustin 40 Development LLC, to eliminate the requirement to pay for the Voluntary Workforce Housing Incentive Program In-Lieu Fee in conjunction with the "The Jessup" residential project located at what was previously 17802 and 17842 Irvine Boulevard and which is currently under construction. B. That a public hearing was duly called, noticed, and held on said application on Jul'y '9, 2024, by the Planning Commission. C. That the application for a. DA is governed by 65864 et seq.. of the Government Code and Sections 9600 to 9619 of the TCC. In, accordance with TCC 9611, the Planning Commission must make a recommendation on the amendment to the DA to the City Council. The DA attached hereto as Exhibit A can be supported by the following findings: 1. That the amendment to DA-2022-00102 is consistent with the objectives, policies, general land uses and programs specified in the General Plan in that residential uses are permitted uses within the High Density Residential (HDR) land use designation and the Multi-Family Residential (R-8) zoning district. 2. That the amendment to DA-2022-0002 its in conformity with the public necessity, public convenience, general welfare and good land use practices in that the project would provide two (2) affordable housing units for very-low income households thereby Resolution No. 4492 Page 2 providing additional options of housing types to the City's house stock. 3. The amendment to DA-2022-0002 will not be detrimenitall to the health, safety and general welfare. 4. The amendment to DA-2022-0002 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 andl businesses in the City. 5. 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 commercial and office uses. D. That the request has been determined to be exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Cal, Code of Reg!s., Title 14, Section 15061(b)(3)), as it can be seen with certainty that there is no possibility that the approval of the first amendment to the IAA will have a significant effect on the environment. Il. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1544 approving the first amendment to DA 2022-0002, to eliminate owner's requirement to pay for the voluntary workforce housing incentive program in- lieu fee in conjunction with the project located at 17802 and 17842 Irvine Boulevard, as identified in Exhibit A attached hereto. PASSED AND, ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of July 2024. ERIC HIGUCHI Chairperson JUS NA L. WILLKOM Planning Commission, Secretary Resol'''iution No.. 4492 Page 3 APPROVED AS TO FORM: MIC14AEL DAUDT --"- Assistant City Attorney Exhibit A: Draft Ordinance 1544 Resolution No, 4492 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Justina L, Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4492 was duly passed and adopted at a reguilar meeting of the Tustin Planning Commission, held on the 9th day of July, 2024. PLANNING COMMISSIONER AYES: Douthit, Higuchi, Kozak, Mason (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Mello - Z2/ JUVNA L. WILLKOM Planning Commission Secretary ORDINANCE NO. 1544 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (DA) 2022-0002, TO ELIMINATE OWNER'S REQUIREMENT TO PAY FOR THE VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM IN-LIEU FEE FOR THE "THE ,JESUP" RESIDENTIAL PROJECT LOCATED AT WHAT WAS PREVIOUSLY 17802 AND 17842 IRVINE BOULEVARD AND WHICH IS CURRENTLY UNDER CONSTRUCTION. 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 a proper application has been submitted to the City of Tustin (the City) Community Development Department by Tustin 40 Development LLC for a request for the first amendment to DA-2022-0002, an agreement between the City of Tustin and Tustin 40 Development LLC, to eliminate the requirement to pay for the Voluntary Workforce Housing Incentive Program In-Lieu Fee in conjunction with the "The Jessup" residential project located at what was previously 178012 and 17842 Irvine Boulevard and which is currently under construction. B. That a public hearing was duly called, noticed, and held on said application on July 9, 2024, by the Planning Commission. The Planning Commission adopted Resolution No. 4492 recommending that the City Council approve the first amendment to the DA. C. That a public hearing was duly called, noticed, and held on said application on 2024, by the City Council. D. That the request has been determined to be exempt pursuant to Section 15061(b)1(3) of the State CEQA Guidelines (Cal. Code of Regs., Title 14, Section 15061(b)(3)), as it can be seen with certainty that there is no possibility that the approval of the first amendment to the DA will have a significant effect on the environment. E. That the DA Amendment is supported by the following findings: 1. That the amendment to DA-2022-0002 is consistent with the objectives, policies, general land uses and programs specified in the General Plan in that residential uses are permitted uses within the High Density Residential (HDR) land use designation and the Multi-Family Residential (R-3) zoning district. Ordinance 1544 Page 2 of 3 2. That the amendment to DA-2022-0002 is in conformity with the public necessity, public convenience, general welfare and good land use practices in that the project would provide two (2) affordable housing units for very-low income households thereby providing additional options of housing types to the City's house stock. 3. The amendment to DA-2022-0002 will not be detrimental to the health, safety and general welfare. 4. The amendment to DA-2022-0002 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. 5, 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 commercial and office uses. SECTION 2, The City Council hereby approves the first amendment to DA 2022-0002 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. Ordinance 1544 Page 3 of 3 PASSED AND ADOPTED, at a regiular meeting of the City Council for the City of Tustin on this -th day of_, 2024. AUSTIN LUMBARD Mayor ERICA N. YASUDA City Clerk APPROVED AS TO FORM: DAVID E. KENDIG City Attorney STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF TUSTIN 1, Erica N. Yasuda, 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. 154,4 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the -th day of —, 2024 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of_, 2024 by the following vote: COUNCILMEMBER, AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA City Clerk Published: Exhibit A— FIRST AMENDMENT TO DA 2022-0002 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Clerk SPACE ABOVETHIS LINE RESERVED FOR RECORDER'S USE This Agreement is recorded at the request and for the benefit of the City of Tustin and is exempt from the payment of a recording fee pursuant to Government Code§§6103 and 27383. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 2022-0002 BETWEEN THE CITY OF TUSTIN AND TUSTIN 40 DEVELOPMENT LLC (17802 and 17842 Irvine Boulevard, Tustin:, California) This First Amendment (the "Amendment") to Development Agreement 2022-0002 (the "DA") is entered into as of ) 2024, by and between the City of Tustin, a California municipal corporation, (the "City") and Tustin 40 Development LLC, a Delaware limited liability company ("Owner"),. Owner is the, successor-in-interest to Intracorp Socal-1, LLC, the original "Owner" signatory to the DA. RECITALS A. This Amendment pertains to "The Jessup" residential project located at what previously was 17802 and 17842 Irvine Boulevard in, the City (the "Project") and which is currently under construction by Owner. B,, The DA for the Project wars approved by the City Council on January 17, 2023,with the second reading of the ordinance authorizing the DA approved on: February 7, 2023. The DA was recorded on May 25, 2023 as document No. 2023000123947 iin Official Records, Orange County, California. C. Under Section 3b of the DA, Owner agreed to pay a voluntary workforce housing incentive program in-lieu fee (the "In-Lieu Fee") as a public benefit and in consideration of the owner's vested right to develop the Project, even though the in-Lieu Fee was not required under the Tustin City Code. D. The City and Owner would like to modify the DA with respect to the In-Lieu Fee. 1 AGREEMENT City and Owner mutu ail ly agree to amend the DA to eliminate Owner's requirement under Section 3b (and any related provisions) of the DA to pay the In-Lieu Fee, In all other respects, the DA remains the same. This Amendment has been signed by the Parties on the dates indicated below. OWNER CITY Tustin 40 Development LLC, a Delaware City of Tustin, a municipal corporation limited liability company By: By: Name: Name: Its: Its: Date: Date: 2