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Home My WebLink AboutORD 1391 (2011)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 Ordinance No. 1391 Page 1 of 9 Plan area as Planned Community Commercial/Business which encourages mixed uses of professional office and commercial uses. 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 with locations shown in 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 Ordinance No. 1391 Page2of9 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 by 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 - 20 feet c. Del Amo Avenue - 25 feet 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. 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 19th day of April, 2011. Ordinance No. 1391 Page 3 of 9 ATTEST: ~~ AMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1391 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 5th day of April 2011, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 19th day of April 2011, by the following vote: COUNCILMEMBER AYES: Amante, Nielsen, Gomez, Murray (4) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: Gavello (1) PAMELA STOKER, City Clerk Ordinance No. 1391 Page 4 of 9 EXHIBITA Ordinance No. 1391 Page 5 of 9 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 R&D/Light TOTAL Center Planning Net Acres" Office Area Ratio Hotel Commercial Industrial AUTHORIZED Area• SQUARE FOOTAGE Commercial Center 7.8 0.35 119,000 l 19,000 Planning Area 2 Planning Area 4 1.1 0.13 6,200 6,200 Regional Center Planning Area 5 6.2 0.86 195,000 7,000 30,000 232,000 Planning Area 6 12.0 0.80 75,000 326,466 401,466 Planning Area 7 4.0 0.65 113,300 113,300 Planning Area 11 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 ]0 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 1 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 15 24.8 0.40 12,963 419,137 432,100 TOTAL SQUARE 195,000 372,172 1,961,625 3,240,520 FOOTAGE 123.0 0.61 7] 1,723 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 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. 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 No. 1391 Page 6 of 9 EXHIBIT B Ordinance No. 1391 Page 7 of 9 Exhibit B of Ordinance No.1391 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 5, 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. 6 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. 1 1 A minimum of 8,000 square feet of retail commercial use (e.g., freestanding restaurant) shall be developed in PA 1 1. 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 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. Ordinance No. 1391 Page 8 of 9 59 Technology Center' 1, 3, 9, 12, IS 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.z 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. Ordinance No. 1391 Page 9 of 9