HomeMy WebLinkAbout19 ORDINANCE NO. 1391, SPA 11-001Agenda Item 19
Reviewed:
AGENDA REPORT City Manager
Finance Director N/A
MEETING DATE: APRIL 19, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER
FROM: PATRICIA ESTRELLA, CITY CLERK SERVICES SUPERVISOR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1391,
SPECIFIC PLAN AMENDMENT 11-001, IMPLEMENTING MINOR
TEXT AMENDMENTS TO THE PACIFIC CENTER EAST SPECIFIC
PLAN
SUMMARY:
Specific Plan Amendment (SPA) 11-001 (Ordinance No. 1391) has been proposed by
the City of Tustin to implement minor text amendments to the Pacific Center East
Specific Plan intended to support the approved transfer of a hotel use from Planning
Area 6 to Planning Area 5 and implementing other minor text amendments. SPA 11-
001 is administrative in nature, does not "substantially amend" the Specific Plan, and
would not increase the overall development potential allowed by the Pacific Center East
Specific Plan.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1391 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On April 5, 2011, the City Council had first reading by title only and introduction of the
following Ordinance:
ORDINANCE NO. 1391
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
ADOPTING SPECIFIC PLAN AMENDMENT (SPA) 11-001 IMPLEMENTING
MINOR TEXT AMENDMENTS TO THE PACIFIC CENTER EAST SPECIFIC
PLAN.
~,
atricia Estrella
City Clerk Services upervisor
ORDINANCE NO. 1391
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ADOPTING SPECIFIC PLAN AMENDMENT
(SPA) 11-001 IMPLEMENTING MINOR TEXT
AMENDMENTS TO THE PACIFIC CENTER EAST
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 on February 19, 1991, the Tustin City Council approved the Pacific
Center East Specific Plan.
B. That Specific Plan Amendment 11-001 has been proposed by the City
of Tustin to implement minor text amendments to the Pacific Center
East Specific Plan. SPA 11-001 would: 1) modify the allowable square
footage within Planning Areas 5 and 6 to reflect the approved transfer
of a hotel use from Planning Area 6 to Planning Area 5 and ensure
compliance with development thresholds identified in the Specific Plan
and Program EIR; and 2) make other minor text amendments to the
Pacific Center East Specific Plan. SPA 11-001 is administrative in
nature, does not "substantially amend" the Specific Plan, and would not
increase the overall development potential allowed by the Pacific
Center East Specific Plan.
C. That a public hearing was duly called, noticed, and held on SPA 11-001
on March 8, 2011, by the Planning Commission. Following the public
hearing, the Planning Commission adopted Resolution No. 4167
recommending that the Tustin City Council approve SPA 11-001 by
adopting Ordinance No. 1391.
D. That a public hearing was duly called, noticed, and held on SPA 11-001
on April 5, 2011, by the Tustin City Council.
E. That the Tustin City Council has determined that this Project is within the
scope of the previously approved Program FEIR and that pursuant to
Title 14 California Code of Regulations Sections 15162 and 15168(c), no
new effects could occur, and no new mitigation measures would be
required. Accordingly, no new environmental document is required by
CEQA.
F. That SPA 11-001 is consistent with the policies of the Tustin General
Plan Land Use Element which identifies the Pacific Center East Specific
Plan area as Planned Community Commercial/Business which
encourages mixed uses of professional office and commercial uses.
Ordinance 1391
Page 2
SECTION 2. The following Sections of the Pacific Center East Specific Plan are
hereby amended as follows:
A. Subsection 5 of Section 3.8, "Signage Plan," is hereby amended to read as
follows:
"5. A master sign program may deviate from specific Tustin City Code
standards for proposed/center identification and business identification
signs subject to submittal and approval of a Conditional Use Permit
application. Pacific Center East project area signs shall be permitted in
addition to the center identification sign standards in the Tustin City Code
provided they are generally consistent ~Tr }~„~iT~rith locations shown in-w+t~
Exhibit 16
B. Section 4.2, Table 4, "Maximum Square Footage Authorized In The Specific
Plan," is hereby deleted in its entirety and replaced in its entirety with a new
Table 4, in the form attached as Exhibit A (new text in bold/underline; deleted
text in strikeout).
C. Subsection 2 of Section 4.3.C, "Permitted Uses and Conditionally Permitted
Uses," is hereby amended to read as follows:
"2. Service businesses
All use provisions applicable to the Commercial Center designation P/C
a. Hotels (a minimum of 250 hotel rooms) P
b. Racquetball/Health Clubs C
c. Movie Theaters C"
D. Subsection 1 of Section 4.3.F, "Site Development Standards," is hereby
amended to read as follows:
"1. Minimum site building area - 20,000 square feet with a minimum lot width
of 100 feet except for retail and/or office pad parcels which may have a
minimum lot size of 10,000 square feet and no minimum lot width
requirement."
E. Subsection 3 of Section 4.3.F, "Site Development Standards," is hereby
amended to read as follows:
"3. Minimum building setbacks2
2
Ordinance 1391
Page 3
a. Edinger Avenue - 35 feet.
b. Newport Avenue - 35 feet
c. Del Amo Avenue - 20 feet
d. All other building setbacks and distance between buildings shall be
as required ~ the City adopted California Building Code.
F. Subsection 4 of Section 4.3.F, "Site Development Standards," is hereby
amended to read as follows:
"4. Landscape setbacks2
a. Edinger Avenue - 30 feet
b. Newport Avenue -39-20 feet
c. D+el Amo Avenue -38-25 feet
~d1'\-~d~d~-c0~°c°ci
e- ~L~16+a-~taefl ~ ~ ~ ~ ~ fo 04
d. All areas not containing approved buildings, hardscape
improvements or parking shall be landscaped.
G. Section 4.8, Table 6, "Use Limitations," is hereby deleted in its entirety and
replaced in its entirety with a new Table 6 in the form attached as Exhibit B
(new text in bold/underline; deleted text in strikeout).
H. Section 4.8.G., "Child Care Requirements," is hereby deleted in its entirety.
3
Ordinance 1391
Page 4
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 19t" day of April, 2011.
JERRY AMANTE
Mayor
ATTEST:
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
I, 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 five; that the above and foregoing
Ordinance No. 1391 was duly and regularly introduced and read at the regular
meeting of the City Council held on the 5t" day of April 2011, and was given its
second reading, passed and adopted at a regular meeting of the City Council held on
the 19t" day of April 2011, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER
City Clerk
4
Ordinance 1391
Page 5
EXHIBIT A
Exhibit A of Ordinance No. 1391
Table 4
MAXIMUM SQUARE FOOTAGE AUTHORIZED IN THE SPECIFIC PLAN
(See Table 6 for Use Limitations for Individual Planning Area
Floor 250+ Room K&D/Light COTAL
Center Planning Net Acres** Office
Area Ratio Ho[el Commercial Industrial AUTHORIZED
Area*
SQUARE FOOTAGE
Commercial Center 7.8 0.35 119,000 119,000
Planning Area 2
Planning Area 4 1.1 0.13 6,200 6,200
Regional Center
Planning Area 5 6.2 8;43(_),$6 195 000 6;0387.000 +-1-4;30.000 X43232.000
Planning Area 6 12.0 +-fi30 80 I-76,41041 75,000 ?S*'-1841326 X66 WO1_J6G
Planning Area 7 4.0 0.65 113,300 113,300
Planning Area I I 5.8 0.65 8,000 132,000 140,000
Planning Area 14 5.2 0.40 6,000 84,600 90,600
Office Center
Planning Area 8 21.2 0.50 7,000 454.,700 461,700
Planning Area 10 13.1 1.50 85,595 770,359 855,954
Planning Area 13 2.4 0.48 50,200 50,200
Technology Center
Planning Area I I.0 0.40 17,400 17,400
Planning Area 3 6.1 0.40 40,920 63,380 106,300
Planning Area 9 3.7 0.40 64,500 64,500
Planning. Area 12 8.6 0.40 4,494 145,306 149,800
Planning Area I5 24;8 0.40 12,963 419,137 432,100
TOTAL SQUARE
FOOTAGE 123.0 0.61 ~7( k18F3195,t100 +t-}-_a_-_-372.17? 9L9lil (?9 711,723 3-3E~Er-l5d3?70,120
Footnotes for each planning area listing options available for development included in the specific plan are listed below:
PA 2 -Office use is permitted but shall not exceed 10 percent of the gross floor area for buildout of each parcel and for the planning area. A minimum of 70
percent of the gross floor area of any development within PA 2 shall be retail-generating uses.
PA 5 6, or 7 -There shall be a#tetel-use-ef-a minimum of 250 hotel rooms.
PA 5 - 7 - A minimum of 75,000 sf of retail commercial use is required. The general locations shall be delineated during development processing and planning
area conceptual reviews.
PA 6 -Office use is limited to 60 percent of the total gross square footage if PA 6 includes the hotel and 85 percent if there is not a hotel in PA 6. A.et~i4
~n~l
PA 11 -A minimum of 8,000 sf of retail commercial use (e.g. freestanding restaurant) shall be developed.
PA 8 -Retail and service commercial use shall not exceed 3 percent of the gross floor area, as calculated for buildout of each parcel. In any event, the
maximum retail and service commercial use in PA 8 shall not exceed 7,000 sf.
PA 10 -Retail and service commercial use within the planning area shall range from a minimum of 5 percent but not exceed a maximum of 10 percent of the
gross floor area, as calculated for buildout of the planning area.
Technology Center -Office use for new uses or alterations to existing development which creates new floor area shall not exceed 50 percent of the gross floor
area in buildings of each parcel. Accessory commercial use for new uses or alterations to existing development which creates new floor area shall not exceed 3
percent of the gross floor area of each parcel. Existing entitlements within PA 3 for the Resco properly allow 36,000 sf of retail commercial use.
All Planning Areas -Consistent with authorized uses within each planning area by each land use designation, exchanges between permitted uses (e.g.
commercial versus office) may be permitted between Planning Areas subject to the Use Limitations contained in Table 6, provided such exchanges are
approved by Public Works and Community Development and are subject to review of the total trips generated for the planning area.
All acreage data is approximate and is based on the land use plan and urban design concept plan. Actual net acreages will be refined during the Planning Area
concept Plan and Design Review process.
Ordinance 1391
Page 7
EXHIBIT B
Exhibit B of Ordinance No. ] 391
Table 6
USE LIMITATIONS
Land Plan Planning
Designation Area Designations
Regional Center 5 6,7 There shall be a hotel use of a
minimum of 250 rooms located in
PA _6 or 7.
5,6,7 A minimum of 75,000 total square
feet of retail commercial use is
required within PA 5-7. The
general location shall be delineated
during development processing and
planning area conceptual reviews.
Office use within PA 6 is limited to
60 percent of the total gross square
footage if PA 6 includes a hotel and
85 percent if there is no hotel use in
PA 6.
11 A minimum of 8,000 square feet of
retail commercial use (e.g.,
freestanding restaurant) shall be
developed in PA 11.
Office Center 8 Retail and service commercial uses
shall not exceed 3 percent of the
gross floor area as calculated for
buildout of each parcel In any
event, the maximum retail and
service commercial use in PA 8
shall not exceed 7,000 square feet.
10 Retail and service commercial use
within the planning area shall range
from a minimum of five percent but
not exceed a maximum often
percent of the gross floor area, as
calculated for buildout of the
planning area.
Commercial Center 2 Office uses shall not exceed l0
percent of the gross floor area for
buildout of each parcel and for the
59
Table 6 (cont'd)
USE LIMITATIONS
Land Plan Planning
Designation Area Designations
planning area.
A minimum of 70 percent of the
gross floor area of any
development within PA 2 shall be
retail-generating uses.
Technology Center 1, 3, 9, 12, 15 Office use for new uses of
alterations to existing development
which creates new floor area shall
not exceed 50 percent of the gross
floor area in buildings on each
parcel.
All Planning Areas
Accessory commercial use for new
uses or alterations to existing
development which creates new
floor area shall not exceed 3
percent of the gross floor area of
each parcel.2
Consistent with the authorized uses
within each planning area by Land
Use Designations in Table 4,
exchanges of square footage
between permitted uses (e.g.,
commercial versus office) may be
approved subject to the Use
Limitations herein in Table 6,
provided that such exchanges area
approved by Public Works and
Community Development and are
subject to review of the total trip
generations for the planning area.
In Planning Area 3, existing entitlements on the Resco property permit up to 36,000 square feet of retail
commercial use.
~ Accessory uses are incidental to that of the main use of the facility or structure.
60