HomeMy WebLinkAboutCC RES 24-69Docusign Envelope ID: 5F38FOE1-4AOF-49DF-9DE3-B9499216A8AE
RESOLUTION NO. 24-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S
PARCEL NUMBERS 430-481-07, 430-481-08, 430-481-09, 430-481-10 AND
430-481-11 AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 54221.
WHEREAS, the City of Tustin (City) owns certain real property consisting of
approximately 24 acres at Tustin Legacy (former Marine Corps Air Station Tustin)
comprised of Assessor's Parcel Numbers (APNs) 430-481-07, 430-481-08, 430-481-09,
430-481-10 and 430-481-11 (the "Site"); and
WHEREAS, in 1992, the City was designated by The United States Department of
the Defense as the Lead Agency or Local Reuse Authority for preparation of a reuse plan
for MCAS Tustin in order to facilitate the closure of MCAS Tustin and its reuse in
furtherance of the economic development (including the creation of jobs and housing) of
the City and surrounding region; and
WHEREAS, in May 2002, The United States of America approved an Economic
Development Conveyance (EDC) and agreed to convey approximately 1,153 acres of
former MCAS Tustin to the City; and
WHEREAS, on May 13, 2002, a total of approximately 977 acres were conveyed
by The United States of America to the City by quitclaim deed, in accordance with the
provisions of a Memorandum of Agreement by and between The United States of America
and the City dated May 13, 2002, and
WHEREAS, the remaining approximately 177 acres of the 1,153 acres were made
subject to a ground lease by the City from The United States of America (also known as
a Lease in Furtherance of Conveyance) and portions thereof have subsequently been
conveyed to the City pursuant to subsequent quitclaim deeds; and
WHEREAS, pursuant to the City's role and its agreements made as the Local
Reuse Authority under Federal law, the Site (and all portions of Tustin Legacy owned or
to be owned by the City) are assets to be held, used, and portions sold or leased to enable
the City to meet its responsibilities to fund ongoing and future infrastructure, development
and maintenance costs at Tustin Legacy that are borne by the City as Executive
Developer in order to provide housing, employment, public services and recreation to City
residents; and
WHEREAS, the City, acting as Executive Developer for Tustin Legacy, carefully
plans neighborhoods within the 1,600-acre footprint to account for infrastructure costs,
market conditions, and community benefits prior to initiating a disposition process for
certain parcels; and
Resolution No. 24-69
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WHEREAS, the City, acting as Executive Developer for Tustin Legacy, has acted
in its role to provide market rate and affordable housing at Tustin Legacy, with 4,258
residential units (ownership and rental) constructed or under construction to date, 688 of
which are deed restricted for various levels of affordability; and
WHEREAS, the Site, located within portions of Planning Areas 13-14 of the Tustin
Legacy Specific Plan, is categorized as "Mixed -Use Urban" with a limited amount of
residential units. Except as permitted by any applicable State law such as density bonus,
a Specific Plan amendment may be necessary for residential development of the Site at
levels above the allocated number of residential units, along with any other applicable
required entitlements and infrastructure improvements; and
WHEREAS, the California Legislature established the Surplus Land Act (SLA) for
local agencies to follow when disposing of surplus properties no longer needed for
government use or for revenue generation; and
WHEREAS, prior to January 1, 2020, the City did not consider the Site (or any
portion of Tustin Legacy) to be "surplus land" as defined in the SLA because it considered
the development of the Site (and all of Tustin Legacy) consistent with the Federal Reuse
Plan to be a continuing City use of the property, and because such development is
consistent with the deed conveyance mechanism whereby the City received the property
with restrictions from The United States of America as part of the Defense Base
Realignment and Closure Act of 1990 as amended; and
WHEREAS, on October 9, 2019, California Governor Gavin Newsom signed
Assembly Bill 1486 (Ting) into law, making substantive amendments to the SLA effective
January 1, 2020; and
WHEREAS, the amended SLA requires local agencies to declare land as "surplus
land" or "exempt surplus land" prior to disposing of property owned by the local agency;
and
WHEREAS, the Site (and all of Tustin Legacy) is not "surplus land" in any
traditional sense because the funds received from sales and leases of portions of Tustin
Legacy, and the uses to which the property are put after such sale or lease, are essential
to accomplish the Federally- and City -approved military base Reuse Plan, including but
not limited to, providing the funding for the significant cost of infrastructure needed to
accomplish the planned redevelopment of a former military base; and
WHEREAS, although the City contends that it is not required to do so for the
reasons referenced herein, the City will send a written Notice of Availability (NOA) for the
Site by electronic mail to all of the entities required by Government Code section 54222;
and
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WHEREAS, notwithstanding and subject to the foregoing, the City Council is
hereby declaring the Site to be "surplus land" for purposes of California Government Code
section 54221(b)(1) and will participate in good faith in the process required by the
Surplus Land Act; and
WHEREAS, as contemplated by Government Code Sections 54223 and 54227, in
the event no agreement is reached between the City and any interested entity/agency
after a good faith negotiation period of ninety (90) days, the Site may be disposed of
without further regard to the SLA, except that the City will record a covenant indicating
that if ten (10) or more residential units are ever constructed on the Site, fifteen (15)
percent of the total number of units shall be provided as affordable to lower income
households.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TUSTIN, THAT:
1. The foregoing recitals are hereby incorporated and adopted as the findings of
the City Council; and
2. This action results in no binding commitment by the City to authorize or
advance the disposition of the Site, will not result in a direct or indirect physical
change in the environment, and does not constitute an "approval" of a "project"
pursuant to CEQA Guidelines Sections 15004 and 15352; and
3. Subject to the findings above, the Site comprised of APNs 430-481-07, 430-
481-08, 430-481-09, 430-481-10 and 430-481-11 is hereby declared "surplus
land;" and
4. The City Manager or designee is authorized to circulate an NOA and submit
any required documentation to HCD in connection with this Resolution, and to
take such other actions as are required or appropriate to implement such
direction.
PASSED and ADOPTED by the City Council of the City of Tustin at a regular
meeting on 1st day of October, 2024.
Signed by:
AU T N1TJMB'ARD,
Mayor
Resolution No. 24-69
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ATTEST:
DS
Signed by:
E R IN"Y''ASUI DA,
City Clerk
APPROVED AS TO FORM:
Signed by:
DA NDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, 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 five; that the above and foregoing Resolution No. 24-69 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day
of October, 2024 by the following vote:
COUNCILMEMBER AYES: Lumbard, Gallagher, Gomez, Clark (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Schnell (1)
COUNCILMEMBER RECUSED: (0)
FSigned by: DS
t'�V C. qm--
ERIbA04460YA48U0 a-
DA,
City Clerk
Resolution No. 24-69
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