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HomeMy WebLinkAboutORD 1560 (2025)Docusign Envelope ID: B636219E-4CBC-469B-AFDC-4A3D10D5F1CB ORDINANCE NO. 1560 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2024-0007 AMENDING THE TERM AND SPONSORSHIP CONTRIBUTION PREVIOUSLY ESTABLISHED BY DEVELOPMENT AGREEMENT 2020-0001 BETWEEN THE CITY OF TUSTIN AND TUSTIN AUTO CENTER MERCHANTS ASSOCIATION FOR A FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD AT THE TUSTIN AUTO CENTER 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 on June 16, 2020, the City Council adopted Ordinance No. 1507 approving Development Agreement (DA) 2020-001, which established terms and conditions addressing public benefits and annual performance review in conjunction with the operation of a freeway adjacent digital display billboard at the Tustin Auto Center. B. That the DA 2020-0001 term expires on December 31, 2024. C. That DA 2020-0001 provided public benefits in the form of a $25,000 annual contribution towards four (4) Parks & Recreation events and it was understood the contribution would be negotiated annually. D. That DA 2020-0001 did not establish a methodology for the annual negotiation of the sponsorship contribution. E. That a public hearing was duly called, noticed, and held on December 10, 2024, by the Planning Commission. The Planning Commission adopted Resolution No. 4511 recommending that the City Council adopt Ordinance No. 1560. F. That a public hearing was duly called, noticed, and held on said application on February 4, 2025, by the City Council. G. That this project has been determined to be Categorically Exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act in that the subject project involves no physical modifications to an existing structure and results in negligible expansion of an existing use. Ordinance No. 1560 Page 1 of 4 Docusign Envelope ID: B636219E-4CBC-469B-AFDC-4A3D10D5F1CB H. That the DA can be supported by the following findings: The project is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Auto Center Planned Community regulations in that the proposed freeway adjacent digital display billboard use is a conditionally permitted use that supports the Tustin Auto Center and City programs. 2. The project is compatible with the uses authorized in the district in which the real property is located in that the site is approved for a freeway digital display billboard and the proposed project is a minor expansion of the allowed use. 3. The project is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the agreement incorporates public benefits in the form of advertisements for city events and financial contributions to City programs. 4. The project will not be detrimental to the health, safety, and general welfare in that the freeway adjacent digital display billboard structure is existing. That, as conditioned, the billboard structure and use will not be detrimental to health, safety, and general welfare. 5. The project will not adversely affect the orderly development of property in that the existing and surrounding properties are already improved with landscaping, signage and multiple automobile dealerships. 6. The project will have a positive fiscal impact on the City in that the provisions of the proposed DA 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 DA 2024-0007 attached hereto as Exhibit A and subject to final approval of the City Attorney. 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. Ordinance No. 1560 Page 2 of 4 Docusign Envelope ID: B636219E-4CBC-469B-AFDC-4A3D10D5F1CB PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this February 18t", 2025. Signed by: AUSTINEILE BARD, Mayor DS Signed by: fV'i(& YO&JA ER°I�60°�"AT DA, City Clerk APPROVED AS TO FORM: DocuSigned by: D�I%W&,&cKE+JDIG, City Attorney Ordinance No. 1560 Page 3 of 4 Docusign Envelope ID: B636219E-4CBC-469B-AFDC-4A3D10D5F1CB STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1560 I, Erica N. Yasuda, 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. 1560 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on February 4, 2025, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on February 18, 2025, by the following vote: COUNCILMEMBER AYES: Lumbard, Nielsen, Gallagher, Schnell, Fink (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: (0) DS Signed by: tvica Astda E R A°M04' ASU DA City Clerk Ordinance No. 1560 Page 4 of 4