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HomeMy WebLinkAboutORD 1441 (2014)ORDINANCE NO. 1441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2013 -003 BETWEEN THE CITY OF TUSTIN AND THE STANDARD PACIFIC CORP. TO FACILITATE THE DEVELOPMENT OF 375 HOMES WITHIN NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN 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 proper application has been submitted by Standard Pacific Corp. for the development of 375 residential units, a focal park and other neighborhood amenities on approximately 78 acre site currently owned by the City of Tustin within Planning Areas 15 of the MCAS Tustin Specific plan. B. That MCAS Tustin Specific Plan Section 4.2.9 requires all private development at MCAS Tustin to obtain a Development Agreement in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code. In compliance with Tustin City Code Section 9611, the Tustin Planning Commission must make a recommendation on the proposed Development Agreement to the City Council. C. That a public hearing was duly called, noticed, and held on said application on December 10, 2013, by the Planning Commission. The Planning Commission adopted Resolution No. 4239 recommending that the City Council adopt Ordinance No. 1441. D. That a public hearing was duly called, noticed, and held on said application on January 21, 2014, by the City Council and the City Council continued the item to February 4, 2014 and continued it further to February 18, 2014. E. That a public hearing was duly called, noticed, and held on said application on February 18, 2014, by the City Council. F. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04 -76 approving a Supplement to the FEIS /EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06 -43 approving an Addendum to the FEIS /EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to Ordinance No. 1441 Page 1 of 4 the FEIS /EIR. The FEIS /EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS /EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An Environmental Checklist has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS /EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS /EIR. G. That the Development Agreement can be supported by the following findings: 1. The project is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the MCAS Tustin Specific Plan in that residential uses are permitted uses within Planning Area 15 of Neighborhood G. 2. The project is compatible with the uses authorized in the district in which the real property is located (Planning Areas 15) in that similar and compatible uses are envisioned within the close proximity of the project site 3. The project is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the project would provide 375 various styles of new housing units for new and existing Tustin residents thereby providing additional option of housing types to the City's housing stock. 4. The project will not be detrimental to the health, safety, and general welfare. The project will comply with the MCAS Tustin Specific Plan, Tustin City Code, and other regulations to ensure that the project will not be detrimental in any way. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed, and equipped with necessary infrastructure and amenities to support existing and future residents and businesses in Tustin Legacy. 6. The project will have a positive fiscal impact on the City in that the provisions of the proposed Development Agreement and conditions of approval will ensure that the project will have a positive fiscal impact on the City. Ordinance No. 1441 Page 2 of 4 SECTION 2. The City Council hereby approves Development Agreement 2013 -003 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. PASSED AND ADOPTED, at a regular meeting of the City Council for thr; City of Tustin on this 4th day of March, 2014. r—� APPROVED AS TO FORM: r DAVID E. KENDIG, City Attorney Ordinance No. 1441 Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1441 I, JEFFREY C. PARKER, 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. 1441 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 18th day of February, 2014 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 4°i day of March, 2014 by the following vote: COUNCILPERSONS AYES: Murray. Puckett, Nielsen, Gomez, Bernstein (5) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: None (0) COUNCILPERSONS ABSEa T- None (0) A e, City Ordinance No. 1441 Page 4 of 4