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.