HomeMy WebLinkAboutORD 1415 (2012)ORDINANCE NO. 1415
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING SECTION 1518 OF PART 1
OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY
CODE, PROVIDING THAT THE PLANNING COMMISSION
SHALL HAVE DECISION MAKING AUTHORITY FOR LAND
USE ENTITLEMENT ACTIONS IMPLEMENTING THE
GENERAL PLAN THAT WERE PREVIOUSLY UNDER THE
JURISDICTION OF THE FORMER TUSTIN COMMUNITY
REDEVELOPMENT AGENCY
The City Council of the City of Tustin, California does ordain as follows:
SECTION I. The City Council finds and determines as follows:
A. That on June 2$, 2411, the Governor signed a law, AB X1 26, dissolving all
redevelopment agencies and a law, AB X1 27, that provides a City the option
to continue the existence of its redevelopment agency subject to a series of
new conditions and commitments, primarily commitments to make payments
to other agencies to be used for special district and education purposes;
B. That on December 29, 2011, the California Supreme Court issued its ruling in
the redevelopment litigation California Redevelopment Association et al v Ana
Matosantos et al. The Court upheld AB X1 26 (the Elimination Bill), but struck
dawn AB X1 27 (the Voluntary Opt in Bill), the biN that would have allowed
redevelopment agencies to remain in operation as tang as they made the
required payments;
C. That the Tustin Community Redevelopment Agency was dissolved on
February 2, 2012;
D. That pursuant to the Tustin Community Redevelopment Agency and City
Council actions taken an September 20, 2011, the City will be vested with the
remaining authority, rights, powers, duties, and obligations formerly vested
with the Agency and will be responsible for winding down the affairs of the
former Agency and be granted authority over financial and planning matters
formerly handled by the Agency;
E. That the Planning Commission is designated as the Planning Agency of the
City pursuant to the provisions of Sections 65100 et seq of the California
Government Cade, which also specifies the functions of the Planning Agency;
Ordinance Na. 1415
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F. That one of the functions of the Planning Agency, pursuant to Government
Code Section 65103, is the implementation of the General Plan through
actions, including, but not limited to, the administration of specific plans and
zoning and subdivision ordinances;
G. That the farmer Tustin Community Redevelopment Agency is designated as
the decision making authority far various entitlement actions in the City of
Tustin; and
H. That the proposed Cade Amendment is exempt from environmental review
under the California Environmental Quality Act ("CEQA"} pursuant to Section
15061 (b}(3} of the California Cade of Regulations Title 14, Chapter3
(Guidelines for the California Environmental Quality Act}.
SECTION IL Section 1518 of Part 1 of Chapter 5 of Article 1 of the Tustin City Code is
hereby added as follows:
1518 AUTHORITY PERTAINING TO FORMER REDEVELOPMENT AGENCY
The Planning Commission shall serve as the decision making authority for land
use entitlement actions tha# implement the General Plan and far which the former
Tustin Community Redevelopment Agency is designated in any statute,
ordinance, or specific plan as the decision making authority.
SECTION III. If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is for any reason held to be invalid ar 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 adapted 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.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 6t" day of March, 2012.
Ordinance No. 1415
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..~
JOHN NIELSEN,
Mayor
ATTEST:
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P ELA STOKE ,
City Glerk
CERTIFICATION OF ORDINANCE NO. 1415
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN }
I, PAMELA STOKER, 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. 1415 was
dul~r and regularly introduced at a regular meeting of the Tustin City Council, held an the
21 S day of February, 2012 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the 6th day of March, 2012 by the following
vote:
COUNCILMEMBER AYES:
GOUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
GOUNCILMEMBER ABSENT:
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PAN~LA STOKER,
City Clerk
Nielsen, Murray, Amante, Gomez {4)
None (0)
None (0}
Gavello (1)
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Ordinance No. 1415
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