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HomeMy WebLinkAboutORD 1443 (2014) ORDINANCE NO. 1443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AMENDMENT #1 TO DEVELOPMENT AGREEMENT 2013-002 (DA 2014-002) BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT (SOCCCD) TO EFFECTUATE THE DISPOSITION OF APPROXIMATELY FIVE (5) ACRES OF LAND COMPRISED OF TWO (2) PARCELS (SITES A AND B) FROM SOCCCD TO THE CITY OF TUSTIN WITHIN THE BOUNDARIES OF • THE MARINE CORPS AIR STATION (MCAS) TUSTIN SPECIFIC PLAN. MORE SPECIFICALLY, SITE A IS LOCATED NORTH OF VALENCIA AVENUE, WEST OF SEVERYNS ROAD, EAST OF LANSDOWNE DRIVE. SITE B IS LOCATED NORTH OF THE VILLAGE OF HOPE, SOUTH OF VALENCIA AVENUE, EAST OF RED HILL AVENUE AND WEST OF HOPE DRIVE The City Council of the City of Tustin, California, hereby ordains as follows: SECTION 1. The City Council finds and determines as follows: A. That the City of Tustin ("City") wishes to acquire additional land (Site A: Planning Area 1-E) to potentially use for park purposes in conjunction with an adjoining potential future park site and a remnant strip of land (Site B: Portion of Planning Area 1-H) to be used for entry monumentation and landscaping for Tustin Legacy and/or other uses permitted under the MCAS Tustin Specific Plan. More specifically, Site A is located North of Valencia Avenue, West of Severyns Road, East of Lansdowne Drive. Site B is located North of the Village of Hope, South of Valencia Avenue, East of Red Hill Avenue and West of Hope Drive. B. That the City and the South Orange County Community College District ("SOCCCD") propose to enter into an agreement to delineate the terms, purchase price and processes associated with the City's purchase from SOCCCD of the strip parcel and SOCCCD's relinquishment of its rights to acquire ownership of the Valencia Parcel and ultimate City ownership of the two parcels. C. That the application consists of two (2) agreements: The agreement concerning Valencia Parcel and a strip parcel between SOCCCD and the City ("Valencia Agreement"); and, Amendment #1 to Development Agreement 2013-002 and Amended and Restated Agreement between the City and SOCCCD for Conveyance of a Portion of MCAS Tustin and the Establishment of an Advanced Technology Educational Park (ATEP) ("DA 2014-002"). Ordinance No. 1443 Page 1 of 4 • D. That a public hearing was duly called, noticed, and held on said application on May 27, 2014, by the Planning Commission. The Planning Commission adopted Resolution No. 4258 recommending that the City Council adopt Ordinance No. 1443. E. That a public hearing was duly called, noticed, and held on said application on June 17, 2014, by the City Council. F. That on January 16, 2001, the City Council 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 the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the Califomia Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former MCAS Tustin. G. That an Environmental Checklist attached hereto as Exhibit A has been prepared and concluded that approval of the Valencia Agreement and DA 2014-002 does 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. H. That the proposed DA 2014-002 will ensure the implementation of the MCAS Tustin Specific Plan, eliminate uncertainty in planning, provide for the orderly development of the SOCCCD and City properties, allow installation of necessary or desirable improvements, provide for public services appropriate to the development and use of the City and SOCCCD properties, secure orderly fiscal benefits for public infrastructure, generally serve the public interest within the City and the surrounding region and otherwise complies Section 9611 of the Tustin City Code as follows: 1. DA 2014-002 is consistent with the objectives, policies, and general land uses and programs specified in the General Plan and MCAS Tustin Specific Plan in that the project would further the goals and objectives of the City and the SOCCCD education village by providing orderly development envisioned at the project sites. 2. DA 2014-002 is consistent with the MCAS Tustin Specific Plan. Any future uses of properties be acquired under the Valencia Agreement Ordinance No. 1443 Page 2 of 4 will be further analyzed at time of development proposals for 111 consistency with the MCAS Tustin Specific Plan. 3. DA 2014-002 is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the subject parcels are remnant properties that are physically separated from the primary ATEP campus; and, consolidating the properties for ultimate City ownership would allow for more efficient and rational planning of the properties pursuant to the MCAS Tustin Specific Plan. 4. An environmental analysis has been conducted and determined that there will not be any detrimental effect to the health, safety, and welfare with the implementation of DA 2014-002. In addition, the proposed development complies with all applicable Federal, State, and Local rules and regulations. SECTION 2. The City Council hereby approves DA 2014-002 attached hereto as Exhibit B and authorizes the City Manager to execute, subject to final approval of the City Attorney as to form. 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 the City of Tustin on this 1st day of July, 2014. W YN • .-^:TRAY, / Mayor JEF . PARKER, Lill Kl Ordinance No. 1443 Page 3 of 4 APPROVED AS TO FORM: 0 I 1 / DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ORDINANCE NO. 1443 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. 1443 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 17 day of June, 2014 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 15t day of July, 2014 by the following vote: COUNCILPERSONS AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: None (0) COUNCILPERSONS ABSENT: None (0) el-- JEF•R ' . PARKER, Ci ; Cle 1 Ordinance No. 1443 Page 4 of 4