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AB-212 Redevelopment: Tustin Marine Corps Air Station.(2001-2002)

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Assembly Bill No. 212
CHAPTER 123

An act to add Section 65051.5 to the Government Code, and to add Section 33492.114 to the Health and Safety Code, relating to community development.

[ Filed with Secretary of State  July 30, 2001. Approved by Governor  July 30, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 212, Correa. Redevelopment: Tustin Marine Corps Air Station.
Existing law authorizes a redevelopment project at the Tustin Marine Corps Air Station, and designates the City of Tustin as the local base reuse entity for purposes related to base reuse planning.
This bill would prohibit the City of Tustin or the Tustin Community Redevelopment Agency from issuing any land use or other approval unless it requires the conveyance of or an offer to dedicate certain property to the Santa Ana Unified School District and the Rancho Santiago Community College District for a K-14 facility.

The people of the State of California do enact as follows:


SECTION 1.

 Section 65051.5 is added to the Government Code, to read:

65051.5.
 If the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, intends to or does acquire title to any real property that lies within the boundaries of the former Marine Corps Air Station-Tustin, then notwithstanding any other provision of law, including Chapter 4.9 (commencing with Section 65995), which the Legislature hereby finds and declares shall not relieve the City of Tustin or the Tustin Community Redevelopment Agency of their duties under Division 13 (commencing with Section 21000) of the Public Resources Code to fully mitigate all adverse environmental effects associated with the buildout of the Reuse Plan for MCAS-Tustin by designating adequate schoolsites at the former base to alleviate impacts on the Santa Ana Unified School District and the Rancho Santiago Community College District, neither the City of Tustin, nor the Tustin Community Redevelopment Agency, and none of their respective agencies and political subdivisions, may grant or issue any land use or other approvals, in the form of any general plan amendments, specific plans, zoning ordinances, redevelopment plans, development agreements, subdivision maps, or other development permits or entitlements, to allow any persons or entities to develop any commercial, residential, or other land uses on all or any portion of any real property at the Marine Corps Air Station-Tustin that the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, intends to or does acquire from any source, unless those approvals require, as conditions of approval and mitigation measures for allowing the development of those land uses, the conveyance, or the irrevocable offer to dedicate, without charge, to the Santa Ana Unified School District and the Rancho Santiago Community College District, for purposes of constructing and operating a K-14 facility, (a) fee title to a 100-acre parcel of contiguous land situated within that portion of the Marine Corps Air Station-Tustin that falls within the existing boundaries of the Santa Ana Unified School District and the Rancho Santiago Community College District and includes all or some portions of the real property referred to as Parcels 4, 5, 6, 7, 8, and 14 as shown on Figure 2-3 of the approved Reuse Plan for the Marine Corps Air Station-Tustin, or (b) fee title to a portion of the Marine Corps Air Station-Tustin that consists of a portion of land that is approved in writing by the Santa Ana Unified School District and the Rancho Santiago Community College District and that does not include any property designated in the Marine Corps Air Station-Tustin Base Reuse Plan for any other public entity or nonprofit organization, including, without limitation, the County of Orange, the Orange County Sheriff-Coroner, and the Orange County Rescue Mission, but excluding the South Orange County Community College District. Those conditions of approval and mitigation measures shall require that the conveyance or offer to dedicate that 100-acre parcel to those districts shall be made within 12 months of the date on which the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, first acquires that property from any source. The requirements of this section shall be deemed satisfied upon the conveyance of the property, described in (a) or (b), to the Santa Ana Unified School District and the Rancho Santiago Community College District. Prior to conveyance of this property, the Santa Ana Unified School District and the Rancho Santiago Community College District shall agree upon a legal description of the property. Notwithstanding any other provision of law, for purposes of Article 7 (commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, use of land for classroom facilities, including, but not limited to, educational or training programs, by the Santa Ana Unified School District or the Rancho Santiago Community College District shall be irrebuttably presumed to be a more necessary public use than any other use at Marine Corps Air Station-Tustin. This section shall apply retroactively to all land use or other approvals relating to the Marine Corps Air Station-Tustin that are granted or issued by the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, on or after January 1, 2001. Any such land use or other approvals granted or issued by any of these entities that do not comply with this section shall be invalid and of no force or effect.

SEC. 2.

 Section 33492.114 is added to the Health and Safety Code, to read:

33492.114.
 If the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, intends to or does acquire title to any real property that lies within the boundaries of the former Marine Corps Air Station-Tustin, then notwithstanding any other provision of law, including Section 33607.5, neither the City of Tustin, nor the Tustin Community Redevelopment Agency, and none of their respective agencies and political subdivisions may grant or issue any land use or other approvals, in the form of any general plan amendments, specific plans, zoning ordinances, redevelopment plans, development agreements, subdivision maps, or other development permits or entitlements, to allow any persons or entities to develop any commercial, residential, or other land uses on all or any portion of any real property at the Marine Corps Air Station-Tustin that the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, intends to or does acquire from any source, unless those approvals require, as conditions of approval and mitigation measures for allowing the development of those land uses, the conveyance, or the irrevocable offer to dedicate, without charge, to the Santa Ana Unified School District and the Rancho Santiago Community College District, for purposes of constructing and operating a K-14 facility, (a) fee title to a 100-acre parcel of contiguous land situated within that portion of the Marine Corps Air Station-Tustin that falls within the existing boundaries of the Santa Ana Unified School District and the Rancho Santiago Community College District and includes all or some of the real property referred to as Parcels 4, 5, 6, 7, 8, and 14 as shown on Figure 2-3 of the approved Reuse Plan for the Marine Corps Air Station-Tustin, or (b) fee title to a portion of the Marine Corps Air Station-Tustin that consists of a portion of land that is approved in writing by the Santa Ana Unified School District and the Rancho Santiago Community College District and that does not include any property designated in the Marine Corps Air Station-Tustin Base Reuse Plan for any other public entity or nonprofit organization, including, without limitation, the County of Orange, the Orange County Sheriff-Coroner, and the Orange County Rescue Mission, but excluding the South Orange County Community College District. Those conditions of approval and mitigation measures shall require that the conveyance or offer to dedicate that 100-acre parcel to those districts shall be made within 12 months of the date on which the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, first acquires that property from any source. The requirements of this section shall be deemed satisfied upon the conveyance of the property, described in (a) or (b), to the Santa Ana Unified School District and the Rancho Santiago Community College District. Prior to conveyance of this property, the Santa Ana Unified School District and the Rancho Santiago Community College District shall agree upon a legal description of the property. Notwithstanding any other provision of law, for purposes of Article 7 (commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, use of land for classroom facilities, including, but not limited to, educational and training programs, by the Santa Ana Unified School District or the Rancho Santiago Community College District shall be irrebuttably presumed to be a more necessary public use than any other use at the Marine Corps Air Station-Tustin. This section shall apply retroactively to all land use or other approvals relating to the Marine Corps Air Station-Tustin that are granted or issued by the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, on or after January 1, 2001. Any such land use or other approvals granted or issued by any of these entities that do not comply with this section shall be invalid and of no force or effect.

SEC. 3.

 The Legislature finds and declares that the City of Tustin has taken the position that current state law prohibits the city from designating new schoolsites for the Santa Ana Unified School District and the Rancho Santiago Community College District as conditions of approval for the development of new land uses at the Marine Corps Air Station-Tustin. The Legislature further finds and declares that it is necessary to adopt this special legislation in order to (a) remove any perceived impediments to providing land for adequate schoolsites for those districts under the unique circumstances presented by the Reuse Plan for the Marine Corps Air Station-Tustin and (b) reaffirm the fact that the development of any new land uses at the Marine Corps Air Station-Tustin shall be and remain subject to the land use regulations of this state. The Legislature further finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the City of Tustin and the Tustin Community Redevelopment Agency. The facts constituting the special circumstances are:
The City of Tustin has submitted to the Department of the Navy the Marine Corps Air Station-Tustin Base Reuse Plan that does not allocate property to the Santa Ana Unified School District or to the Rancho Santiago Community College District, and has taken the position that the Department of Education’s approvals of their public benefit conveyance requests are invalid. Nevertheless, the City of Tustin has allocated property in the Marine Corps Air Station-Tustin Base Reuse Plan to other school districts whose public benefit conveyances were also approved by the Department of Education. Regardless of the ultimate validity or invalidity of the Department of Education’s approvals of the public benefit conveyance requests, the reuse of the Marine Corps Air Station-Tustin provides a unique opportunity to help the Santa Ana Unified School District and the Rancho Santiago Community College District address conditions of severe overcrowding and mitigate the student generation impacts upon those districts that will occur as a result of the redevelopment of the Marine Corps Air Station-Tustin pursuant to the Reuse Plan of the City of Tustin. Public education is a fundamental community need that outweighs the need for additional commercial development in the region. These unique circumstances require the City of Tustin to convey property to the Santa Ana Unified School District and the Rancho Santiago Community College District so that these legitimate and crucial community needs may be met as a result of the closure of the Marine Corps Air Station-Tustin.