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HomeMy WebLinkAboutPC RES 4049 RESOLUTION NO. 4049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT AGREEMENT 06-01, AS DEFINED BY SECTION 65865.2 OF THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND PROSPECT VILLAGE LP PERTAINING TO DEVELOPMENT OF THE PROPERTY LOCATED AT 191 AND 193-195 EAST MAIN STREET, TUSTIN, CALIFORNIA. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines: A. That Prospect Village LP, a California Limited Partnership ("Developer") is owner of certain real property, located at 191 and 193-195 East Main Street, Tustin, California (the "Property"). B. That Developer intends to develop the "Property" by constructing and then owning or leasing premises on the Property for a retail, restaurant, and office use (the "Project"). C. That the Project does not have sufficient on-site parking to conform to the requirements of the City of Tustin, and available off-site parking in the area is insufficient to adequately serve the Project. D. That on January 2, 2007, the Tustin City Council introduced and had first reading of Ordinance No. 1323 with minor modifications, which would add Chapter 9 of Article 7 to the Tustin City Code to provide for a process for the designation and de-designation of public parking areas in the City (the "City's Public Parking Area Ordinance"). E. That to help alleviate the parking issues related to the Project, the City intends to consider designation of certain City-owned property near the project area as a Public Parking Area pursuant to the proposed Public Parking Area Ordinance. F. That to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted the Development Agreement Statute of the Government Code. Pursuant to the Statute, the City may enter into an agreement with any person having a legal or equitable interest in real property and to provide for the development of such property and to establish certain development rights therein. Resolution No. 4049 Page 2 G. That the purpose of Development Agreement 06-01 is to give the developer the assurance that the City will not repeal or substantively amend the provisions of City's Public Parking Area Ordinance related to designation or de-designation of City-owned property as a public parking area in any manner that materially affects the Project, and to the give the City the assurance that the Developer shall work toward and complete the development of the Project. H. That the development and use of the Project in the future will provide significant benefits to the community and promote the public health, safety, and welfare for the following reasons, among others: (i) development of the Project will generate tax revenues that can be used to provide essential services to the community; (ii) development will put the Property to productive use consistent with the objectives of the City's General Plan and Town Center Redevelopment Plan; and (iii) development of the Project will provide a long term source of employment opportunities for local residents. I. That a public hearing was duly noticed, called, and held on January 8,2007, by the Planning Commission, and the Planning Commission recommended that the City Council approve Development Agreement 06-01. J. That the Tustin City Council previously approved Resolution No. 04-45 certifying the Prospect Village Project Final Environmental Impact Report ("FEIR") pursuant to the California Environmental Quality Act, and adopting Findings of Fact, a Statement of Overriding Consideration and a Monitoring Program for the Project. The FEIR identified Mitigation Measure T-2 which would provide fifty nine (59) parking spaces off-site at the Tustin Water Yard parking lot to reduce the Project's potential parking impact to a less than significant level. K. That approval of Development Agreement 06-01 is a proposed action that is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, Califomia Code of Regulations, Section 15060 (c) (2) and 15060 (c) (3). L. That Development Agreement 06-01 is consistent with the objectives, policies, general land uses, and programs specified in the Tustin General Plan, in that sufficient off-street parking would be provided for the proposed Project, which is consistent with Circulation Element Policy 7.2. M. That Development Agreement 06-01 is compatible with the uses authorized in the district in which the real property is located in that the Developer intends to develop the Property by constructing and then owning or leasing premises on the Property for retail, restaurant, and office uses, all of which are permitted uses for the Property. N. That Development Agreement 06-01 is in conformity with the public necessity, public convenience, general welfare, and good land use practices, in that Resolution No. 4049 Page 3 sufficient off-street parking would be provided in close proximity to the proposed Project. O. That Development Agreement 06-01 will not be detrimental to the health, safety, and general welfare in that sufficient off-street parking will reduce the demand for on-street parking such that traffic flow will be maximized and potential conflicts between pedestrians and motorists will be minimized. P. That Development Agreement 06-01 will not adversely affect the orderly development of property in that the proposed Project will put the Property to productive use consistent with the objectives of the City's General Plan. a. That Development Agreement will have a positive fiscal impact on the City in that development of the Project will generate significant tax revenues that can be used to provide essential services to the community. II. The Planning Commission hereby recommends that the City Council approve Development Agreement 06-01 as included in Exhibit 1 attached hereto and subject to final approval of the City Attorney. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular moo'"" held 00 the 8th day of J,"""'Y. 2007. .k . (kJJ ~ T FLOYD Chairperson ~~~~ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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. 4049 was duly passed and adopted at the regular meeting of the Tustin Planning Commission, held on the 8th day of January, 2007. ~~~k ELIZABETH A. BINSACK Planning Commission Secretary