HomeMy WebLinkAbout10 ADOPT ORD 1346 AMERICAN SR LIV, LLC 01-02-08 AGENDA REPORT MEETING DATE: JANUARY 2, 2008 TO: WILLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: ADOPT ORDINANCE 1346 -GENERAL PLAN AMENDMENT 07-001 AND ZONE CHANGE 07-002: 13841 RED HILL AVENUE, AMERICAN SENIOR LIVING, LLC. SUMMARY: The project is a request by American Senior Living Development, LLC to demolish an existing church building and construct an age-restricted (62 years or older) assisted living/congregate care facility. The project site is a 2.882 acre site located at 13841 Red Hill Avenue (west of Red Hill Avenue between EI Camino Real and San Juan Street) currently occupied by the Main Place Church. The site is designated by the General Plan and zoned as Public and Institutional. To allow for the proposed development, a General Plan Amendment and a Zone Change to change the land use designation and zoning district to Planned Community Commercial/Business and Central Commercial (C-2), respectively, are required. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1346 (roll call vote) or action as necessary. FISCAL IMPACT: None. BACKGROUND: On December 4, 2007, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1346 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ZONE CHANGE 07-002 AMENDING THE ZONING MAP OF THE CITY OF TUSTIN TO REZONE THE PROPERTY LOCATED AT 13841 RED HILL AVENUE FROM PUBLIC AND INSTITUTIONAL (P&I) TO CENTRAL COMMERCIAL (C-2) ZONING DISTRICT TO ACCOMMODATE THE CONSTRUCTION OF AN ASSISTED LIVING/CONGREGATE .CARE FACILITY AGE RESTRICTED TO 62 YEARS OR OLDER Maria R. Huizar, Chief Deputy City Clerk ORDINANCE NO. 1346 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ZONE CHANGE 07-002 AMENDING THE ZONING MAP OF THE CITY OF TUSTIN TO REZONE THE PROPERTY LOCATED AT 13841 RED HILL AVENUE FROM PUBLIC AND INSTITUTIONAL (P&I) TO CENTRAL COMMERCIAL (C-2) ZONING DISTRICT TO ACCOMMODATE THE CONSTRUCTION OF AN ASSISTED LIVING/CONGREGATE CARE FACILITY AGE RESTRICTED TO 62 YEARS OR OLDER. The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council finds and determines as follows: A. That a proper application has been submitted by American Senior Living Development, LLC to change zoning designation from Public and Institutional (P&I) to Central Commercial (C-2) to accommodate the construction of an age-restricted (62 years or older) assisted living/congregate care facility at 13841 Red Hill Avenue; B. That a public hearing was duly called, noticed, and held on said application on November 13, 2007, by the Planning Commission. The Planning Commission adopted Resolution No. 4073 recommending that the City Council approves Zone Change 07-002. C. That a public hearing was duly called, noticed, and held on said application on December 4, 2007, by the City Council. D. That the proposed amendment to the zoning district is in the best interest of the public in that it provides for the construction of a new senior facility that is age restricted to persons that are 62 years or older. E. That the proposed zone change is consistent with General Plan Amendment 07-001 and the policies of the General Plan, as evidenced by the following findings: (a) The proposed zone change to Central Commercial District is consistent with the General Plan Amendment 07-001. (b) The project site is bounded by areas zoned Retail Commercial (C-1) and Central Commercial (C-2) districts to the east across Red Hill Avenue, Central Commercial (C-2) district to the south, Ordinance No. 1346 Page 2 Public and Institutional (P&I} district to the west, and Multiple Family Residential (R-3, 2200) and Retail Commercial districts to the north. The zone change to Central Commercial (C-2) district would be compatible with the surrounding zoning districts. (c) The location of the proposed project desired by the community to allow for improvements in the area. D. That an Initial Study was prepared to evaluate the potential environmental impacts associated with General Plan Amendment 07-001 and Zone Change 07-002 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared; Section 2. The City Council herby approves Zone Change 07-002 and amends the Zoning Map of the City of Tustin in accordance with Exhibit A, attached hereto. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the day of , 2007. LOU BONE MAYOR PAMELA STOKER CITY CLERK Ordinance No. 1346 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE N0. 1346 PAMELA STOKER, 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. 1346 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 4th day of December, 2007, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2008 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Exhibit A Ordinance No. 1346 Zone Change 07-002 13841 Red Hill Avenue