Loading...
HomeMy WebLinkAboutPC RES 2615 l 2 3 4 5 6 7 8 9 10 11 12~ 13 14 15 16 17 18 21 23 24 25 26 27 28 RESOLUTION NO. 2615 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF GENERAL PLAN AMENDMENT 89-02(d), A REQUEST TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN. The Planning Commission of the City of Tustin does hereby resolve as fol lows: I. The Planning Commission finds and determines as follows: A. Government Code Section 65358 provides that when it is deemed to be in the public interest, the legislative body may amend a part of its General Plan. B. Government Code Section 65358(b) states that no mandatory element of a General Plan shall be amended more frequently than 4 times during any calendar year. However, each amendment may include more than I change to the General Plan. Appropriately in conjunction with General Plan Amendment 89-02(d) four (4) other amendments are being considered and all amendments shall be considered as i amendment per Section 65358(b). Ce In accordance with Section 65302(a) of the Government Code, the General Plan Land Use Element must include population density and building intensity standards. In order to comply, a textual amendment has been developed for the General Plan. This Amendment is consistent with other elements of the Tustin General Plan. D. A public hearing has been duly called and noticed, and held on June 12, 1989. E. The proposed amendment has been reviewed in accordance with the California Environmental Quality Act and a Negative Declaration has been prepared. F. The proposed amendment is in the best interest of the public health, safety, and welfare of the citizens of Tustin based on the following: lo Land Use Element Amendment 89-02(d) will not alter the existing land use intensity patterns or create a means for promoting or discouraging growth beyond that currently permitted in the General Plan or Zoning Code. The amendment will accomplish the task of defining population density and building intensity standards. 2. The proposed amendments are interim to be reevaluated in 1 2 3 4 5 6 t 8 9 10~ 1(; 17 18 21 22 23 2(i 27 28 Resolution No. 2615 Page two conjunction with comprehensive revisions to the General Plan. 3. The establishment of intensity standards will ensure that the City of Tustin has an adequate General Plan. II. The Planning Commission hereby recommends to the City Council of General Plan Amendment 89-02{d) proposed textual amendments to the Land Use Element as shown in Exhibit 'A' attached hereto and incorporated herein by reference. PASSED AND ADOPTED at a regul~j~,meeting of the Tustin Plan;~ing Commission, held on the 12th day of June, 1989. Penni Foley Secretary EXHIBIT A LAND USE ELEMENT OF THE GENERAL PLAN I · PURPOSE Section 65300 of the Government Code of the State of California requires each city to adopt a comprehensive, long-term general plan for the physical development of the city, and of any land outside its boundaries which in the planning agency's judgement bears relation to its planning. Section 65302 {A) states that a land use element is required which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoy- ment of scenic beauty, education, public buildings and grounds, solid waste disposal facilities, and other categories of public and private uses of land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall also identify areas covered by the plan which are subject to flooding and shall be reviewed annually with respect to such areas. This objective was achieved in 1966 by the joint efforts of the City of Tustin, County of Orange, and Foothill Planning Committee by the prepar- ation and adoption of the Tustin Area General Plan. But the Tustin area is not static - it is a dynamic community that has gone through a period of unparalleled growth and change during the past decade. The Land Use Element was a desire for the future rather than an acknowledgement of reality and probability. It has been amende~ on several occasions, --1-- unilaterally by both the City and County. Existing Zoning patterns for high density residential and conflicting land uses were perpetuated. Ambiguities in use boundaries andinconsistency of the Land Use Element with Zoning Ordinances were the basis of various interpretations and controversies. Initial theories of general plans as related to Zoning established the role of the Land Use Element as a blueprint for future development that would serve as a guideline to be considered by Planning Commissions and City Councils in hearing zone change applications. It was neither sacred nor precise. In 1971, by the enactment of AB1301, and amendments by AB1725 and SB1239, the State of California Legislature established the requirement that General Plans and Zoning Ordinances must be consistent by July 1, 1973, and the various land uses authorized by the ordinance are compat- ible with the objectives, policies, general land uses and programs specified in such a plan. The intent of this element is to establish a basis for conformity and recognize the realities of existing land developments as well as to establish precise guidelines for future developments. <It is not a zoning map, nor are development standards incorporated into this docu- ment. This element defines areas for major land use classifications as defined in subsequent section. The distinctions of land use, as related to population projections and housing unit density are contained in the Residential Element.> The element consists of both text and a Land Use Plan Map which define private and public land uses. The element also includes population -2- density standards as well as definitions for building .intensilty star..- dards. However, the General Plan is not a zoning map. The text and Land Use Plan Map provide general, broad direction. The Zoninc Ordinance, on the other hand is a specific implementation tool for .c. la.ssifying properties within the community into specific land use dis- tricts. The Zoning Plan Map which designates land use zonin9 districts is accompanied by ordinance provisions which specifically identify development standards or the mechanism to determine them in each zoning district. These standards control specific land use intensity measu~.°e- ments such as placement, maximum height, bulk, density, lot coverage permitted on specific parcels, etc. The Local Agency Formation Commission in December 1972, formally adopted a "Sphere of Influence" for the City of Tustin, which is the area encom- passed by this element. II. CLASSIFICATION OF USE A Land Use Plan reflects the application of General Plan goals and objectives to the distribution and intensity of future land uses in Tustin. The Land Use Plan is not meant to serve as a z_oning map. but shoul, d only be interpreted as a general guide to the amount, type, and relationship of land uses. The following major land uses appear on the Land Use Plan Map and are identified and described as follows- A. Residential Land Use Classifications Four residential density c.ategories are established for the purpose of provi di .n9 the City wi th a range of bui 1 ding intensi ties that -3- allow flexibility. A mix of high. er and lower densities may be per- mitted within an area but the overall densities within a land use category shall not exceed the densities noted herein. In some areas, densities allowed at the zonin9 level may be substantially lower than identified in the Land Use Element if. deemed nece_s_sary to implement General Plan goals, policies or implementation programs. <A>i. Single-Family Residential This classification is related to the character of residential land use rather than to precise zoning classifications or den- sity patterns. Within the Tustin Sphere of Influence, 5,727 acres or 67.9~ is designated for single-family occupancy. The character of this occupancy varies from the estate on 4 acres of hillside to the patio home on a 3,600 square foot parcel. The intent is to identify the traditional residential subdivision with detached, owner-occupied units, each on its own parcel of land, main. ta.inin9 a low density character with the actual setbacks, maximum height, an.d lot cove..raoe of_bui.ldin9 to be specifically governed by the Tustin Zoning Ordinance and Zoning Map. Population densities within this classification will vary from 2 persons to 20 persons per acre. <The density patterns for varying housing developments are reflected on the Residen- tial Section and Map of the Land Use Element.> <B>2. Multi-Family Residential It is also the intent of this classification to define the char- acter of development rather than unit density. <Included within this definition are the developments that are designed for --4-- cluster development with common open areas,> The cla.~sification allows for a wide range of living accomodations includin.~ .s. ingle-famil¥ units, apartments, condominiums, townhouses, and c. ooperatives/communit¥ apartments. Traditional concepts for land use elements have defined patterns by the number of dwel- ling units allocated to an acre of land. As such, they were a distortion of reality and meaningfulness. As an example, a heavy density area would authorize 25 dwelling units per acre. The result could be 25 ~hree-bedroom family apartments with a population three times greater than a development with one bedroom units. <To accommodate the need for more precise defini- tions and classifications of multi-family developments is accommodated by the Residential Section and Map of the Land Use Element. > The maximum dwell, in~ unit density would not be expected to exceed 25 dwel.l, in~. units per acre in ~his classification with approximate population density of 60 persons per acre. In any event, classification of multi-family developmen~ includin~ actual density, setbacks, maximum height, lo.~ co.v. era~e, and type and size of buildings shall be specifically ~overned by the Tustin Zoning Ordinance and Zonin~ Plan Map. <C. Professional> <This classification encompasses the office building, either detached or within a complex. Occupancy within this area is related to services to the individual as distinguished from retail sales.> 3. Mobile Home Residential This classification, subject to a conditional use permit, allows mobile home parks, travel trailer parks, and permanent recrea- tional vehicle parks: and accessory and service structures associated with such parks. The maximum densities for this land use classification ranges from 10 to 15 dwelling units per acre or with an approximate population density of 24 to 36 persons per acre. Actual density, maximum height, setbacks, and lot coverage shall be specifically governed by the Tustin Zoning Ordinance and Zoning Plan Map. 4. Planned Community Residential To allow diversification of the relationships of various densi- ties, buildings and open spaces in planned buildinq groups, a planned community residential classification has been created. The classificatio, n recognizes that mixed and integrated uses can be made to be compatible by design standards. To ensure comp. at- ibility of land uses permitted in this classification with the character of surrounding developments (which is the same objec- tive of land use plans), precise development, plans must be approved prior to authorization for development. The actual mechanism for defining location, land use designation, density range and other building intensity standards will specifically b.e governed by Planned Community District provisions contained in the Tustin Z_oning Ordinance and/or adoption of asp. ecific plan pursuant to authorization by the California Government Code. -6- B. Commercial Classifications 1. Professional This classification provides for the development of professional office uses and related commercial uses either detached or within a complex. Occupancy within this area is related to services to the individual as distinguished from retail sales. Actual permitted uses and perm.ltted bui, ldino..intensity in this classification shall be specifically ooverned by the Tustin Zoning Ordinance and Zo.n. ing Plan Map: <D>2. Commercial The commercial classification, <like the multi-family area, is cumulative and encompasses a wide variety of activities.> is charac.ter~zed by a variety of miscellaneous retail and commer- cial service uses. Land uses include the professional office building, private recreation facilities, individual stores and shops, shopping centers, and facilities providing sales and services, including automobile sales and service. Actual permitted uses in certain locations in this classification and permitted .b. uilding intensity standards such as setbacks, maximum height, lot cove.rage, and other limitations is determined and shall be specificall, y governed by the Tustin Zoning Ordinance and Zoning Plan Map. <H>3. Planned Community Commercial This designation is both a land use and zoning classification. It recognizes that mixed and integrated uses can be made to be compatible by design standards. To assure the objective of com- patibility of land use and building intensity_ with the character --7- of surrounding developments, <(which is the same objective of land use plans)> precise development plans are reviewed and approved prior to authorization for development. The actual mechanism for design, location, permitted land use and other building intensity standards will be specificall¥,9overned by Planned Community District provisions found in the Tustin Zoning Ordinance and Zoning Plan Map. This will provide the developer with a high degree of flexibility in land uses in response to market demand. <It provides the development plans.> <E>C. Public and Institutional Classification This designation includes public and quasi-public uses such as parks, schools, churches, hospitals, open space, utility facilities, and other institutions such as the Tustin Marine Corps Air Station. <_of a public or quasi-public character.> Open space and parks are more precisely defined by the Conservation-Recreation-Open Space Element of the General Plan. Amenities and compatibility of uses in this classification with surroundin? use classifications will be ensured by review of the specific location of each proposal in this classification including setbacks, maximum height, lot c, ov,e, rage, and other size limitations. Specific ,building intensity will be gov- erned by Public and Institutional provisions contained in the Tustin Zo,n, ing Ordinanc, e and Zoning Plan Map. <F>D. Industrial Classification <This classification includes those activities of heavy commercial, warehousing, and manufacturing character that are incompatible with residential development.> The Industrial land use classification is --8-- designed to accomodate a variety of industrial uses which are non- polluting, including but not limited to heavy commercial, research and development, distribution, warehousing, light manufacturing, wholesaling and related service uses that are incompatible with residential development. Actual permitted land uses and permitted building intensity standards such as setbacks, maximum height, lot coverage, and other size limitations shall be specifically governed by the Tustin Zoning Ordinance and Zoning Plan Map. <G>E. Military Classification The reality of the Marine Corps Air Station (Helicopter) within the Tustin Sphere of Influence is recognized. At such time as the Department of the Navy should declare the uses surplus to its requirements, action would be necessary to define its precise land use classification for private development. <I>F. Specific Plan Classification Section 65450 of the Government Code authorizes cities to adopt specific plans based on the general plan and regulations for the purpose of implementing the general plan and the purposes of the State Planning and Zoning Act. Not only may a specific plan classify land uses and street design in general terms, but it also precisely defines the character and design of development. _<As an example, E1 Camino Real is designated as a Specific Plan area for the purpose of preserving its historic character as well as promot- ing the concept of a village shopping center.> Although there is no specific plan classification shown on the Land Use Map, a specific ~lan ..may be utilized in conjunction with any land use classification as a..means o.f.achievin9 General Plan 9oals and objectives. --9- III. ASSUMPTIONS A. The character of the community is established as a quality residential area with a commercial and potential industrial base adequate to support the desired level of government services. B. The residential areas of the older town center area will be the subject of pressure for redevelopment or more intense land use. These pressures may be reduced only by requiring property maintenance to prevent deterioration and blight. C. Public improvements, such as the First Street project, will encour- age and stimulate private property owners to develop and redevelop their properties for the highest and best use. D. The potential of a regional shopping center to serve the Tustin area exists at the intersection of the Santa Ana Freeway with Jamboree Road and may be a reality through the cooperation and promotion of the Irvine Company. E. The Economic base and reputation of the community will be based upon the quantity and quality of professional office space, commercial centers, and potential of industrial parks. F. No large scale annexations of inhabited areas will be accomplished until such time as there is a change in existing state law or resi- dents of unincorporated areas pay a higher price for urban services than the tax rate for city residents. G. The advent of rapid transit facilities may have a significant effect upon the character of the community by creating a demand for high quality living accommodations with convenient access to employment centers. -10- H. The incorporated City of Tustin and unincorporated area within the Sphere of Influence are mutually dependent and impacted by any change in land use or character of the area. I. Additional park lands will be provided on a regional basis by other agencies of government and neighborhood parks will be provided as a requirement of private developers in conjunction with subdivision approval. IV. GOALS AND OBJECTIVES A. To promote an economically balanced community with complimentary and buffered land uses to include industrial, commercial, professional, multi-family and single family development. B. To revitalize the economic health and vitality of the Town Center Area. C. To preserve and expand the industrial base by designating the U. S. Marine Corps Air Station (Helicopter) as an industrial reserve to be developed under Planned Industrial Zoning Standards at such time as the land may be made available for private development. D. To establish an identity as a professional office building area, providing quality structures with design amenities. E. To provide neighborhood parks and open space in geographiccal areas based upon the same location and distribution as appropriate for elementary school sites. F. To provide a variety of housing accommodations with emphasis upon single-family residential areas. G. To preserve the low density exclusive characteristic of the foothill area. 11 H. To obtain a distinguishable community identity related to community pride and cohesiveness of political, social and economical factors. I. To accommodate an optimum population of not more than 84,000 inhabitants within the Sphere of Influence. PROPOSALS A. To relate, by zoning classification, the population density for authorized land uses in addition <contrast> to the traditional classification of housing unit density. To determine permitted land uses and building intensit)~ standards such as setbacks, maximum height, lot coverage and other size limitations by reference to specific zoning provisions for certain properties governed by the Tustin Zoning Ordinance and Zoning Plan Map. B. To preserve the industrial areas against encroachment of conflicting and non-compatible land uses. -12- C. To actively pursue the annexation of unincorporated islands in the interest of economy of government services, community identity, and uniformity of development standards and land use controls. D. To provide a degree of flexibility and integration of land use for transitional properties by classification as Planned Community. E. To encourage the development of First Street between the Newport Freeway and Newport Avenue for professional-commercial development at a depth that will result in quality improvements while protecting the enjoyment of abutting residential properties. F. To designate the commercially zoned areas east of B Street and south of 6th into a Planned Industrial classification compatible with existing and adjacent uses. G. To establish by land use plan and zoning the professional character of Irvine Boulevard. H. To remove the industrial character of properties on Newport Boulevard, northerly of the Santa Fe Railroad. I. To recognize existing developments and prior amendments to the Land Use Element. J. To designate for potential single-family development, an area easterly of Browning Avenue. VI. AREA OF LAND USE ALLOCATIONS: YEAR 2000 The distribution of land uses in this element is predicated upon the character of existing developments, the trends of market demand, and the philosophy of the city in restricting multi-family developments to that currently authorized by zoning. -13- Table i Use Cate(~or¥ Zoning Gross Acres % of Total Si ngl e-Fami ly R-1 5,387 63.8 Mul ti -Family R-3 455 5.4 Mobile Homes M.P.H. 62 .7 Professional PR 52 .6 Commercial C-1 236 2.8 Industrial PM 704 8.5 Public & Instit. P&I 387 4.6 Freeway -- 419 5.0 Military Base -- 728 8.6 TOTAL 8,430 100.0 Total area within incorporated limits - 1973 - 4.5 square miles Total area within Sphere of Influence - 1973 - 13.1 square miles -14- VII. POPULATION PROJECTIONS The following population data is based upon the 1970 Census for the areas within the Sphere of Influence, and projections to the year 2,000 are based upon trends and planned developments. Table 2 Sphere of Influence POPULATION HOUSING UNITS 1973 66,000 23,000 1975 76,000 25,300 1980 78,000 26,000 2000 84,000 28,000 '1970 Federal Census for area within Sphere of Influence VIII GENERAL CONCERNS AND CONSIDERATIONS A. Annexation Policy. The City of Tustin is not expected to increase its corporate limits by any significant amount resulting from annex- ation of inhabited areas, unless there is a substantial change in State annexation laws. Inhabited annexations require a vote of the electorate, and few people are willing to vote an increase in taxes, even for a higher level of services. An additional consideration to that of the required vote of the per- sons living in an area proposed for annexation, is the financial impact upon the city taxpayer. Economic analysis from various sources indicate that the annexation of inhabited single-family residences at densities less than 12 units per acre are a financial liability upon the city. Development Research Associates, in their economic analysis of the City of Tustin {1970} reported the following: -15- "Since the provisions of local public services to resi- dents issubsidized by commerce and industry, the City must attract aoditional commercial and industrial devel- opment if it allowsresidential expansion. At current · valuations and levies, 40 acres of addtional inG~strial improvements or 20 acres of additional commercial devel- opment would be needed to offset the net public costs of maintaining an additional 1,000 residents in single- family homes." There are considerations other than financial, as related to annexa- tion. These factors include development control, environmental control, community identity, economy of services, and the philosophy of "home rule" and political representation by permitting the resi- dents of an area to have voice and participation in the affairs of the communi ry. As a matter of policy, it would be the intent of the city to approve annexation requests for inhabited areas upon petition of the resi- dents, when such annexation would contribute toward the objective of "squaring" the boundaries and providing community identity. B. Revitalization of the Town Center. The adoption of a Specific Plan for E1 Camino Real was one step toward the objective of increasing the economic viability of the town center area by providing encour- agement for private development. Failure of private property owners to foster the objectives of a unique village center may necessitate positive assistance of the city toward this end. Critical to the quality of the Tustin Community is the preservation -16- of residential structures that have been permitted to deteriorate wi th the intent of creating blight that will encourage higher den- sity authorization for redevelopment. The City has adopted a policy of restricting the density of the old town area to a single-family character. To effectuate this policy without blight, a property mainte~)ance ordinance is a necessity to prevent deterioration and preserve the quality of the area. C. East Tustin Area. The land use element currently provides for a use designation known as Planned Community {P.C.). The P.C. use is a method to assure the compatibility of land uses with the character of surrounding developments and provide for a vehicle to ensure precise develop~nent plans are reviewed and approved prior to devel- opment. One of the purposes of the land use element is to provide for flexibility and integration of land use for transitional proper- ties by classification as Planned Community. It is the intent in the East Tustin area to utilize Planned Community as a land use tool in general and specific planning. The majority of the area is divided into three Planned Community desig- nations: P.C. Residential; P.C. Commercial; and P.C. Mixed Use. The Planned Community Residential area is recommended to have a density range from two dwelling units per gross acre to 25 dwelling units per gross acre. It is anticipated that the subject area will support a total residential dwelling unit count of 7,950 units for the approximate 1,173 acres of land dedicated to residential uses. At the city of Tustin's current population rate per unit {1980 census) of 2.43 person/unit, the population density of the East -17- Tustin area may be approximately 19,440 people, a 47.63 percent increase over the 1985 population of 40,815. Portions of the East Tustin area are located in hillside areas and will maintaln a maxi mum density not to exceed two dwelling units per gross acre, in keeping with the goals of the Open Space and Conservation element. Hillside areas are generally defined as having a slope greater than an average 10 percent grade, and the approximate acreage meeting this criteria is 440 acres. The approximate number of dwelling units should be in the range of 880. The proposal for areas of East Tustin which are on level terrain and adjacent to existing residential area is to maintain single family residential detached with a character of development compatible with existing development. This is constructed to not mean lot size, but does mean an overall density less than standard R-1 residential den- sity, which is 6.0 dwelling units to the acre. The range is between 4 to 6 gross dwelling units per acre, and 5.0 gross dwelling units per acre is recommended. The approximate acreage of these areas is 166 acres, with a unit generation of approximately 830 units. Outside of these requirements, remaining areas devoted to residen- tial may have residential densities ranging from two dwelling units per gross acre to 25 dwelling units per gross acre. The terrain for these areas is level, and the land carrying capacity could conceiv- ably support the maximum density proposed. It is the goal of the Land Use and Housing Elements to promote a variety of housing types, including single-family residential, and owner occupied housing. Unlike the single-family classification, the term single-family -18- residential is construed to mean the definition shown in the Housing Element, which shows single-family as either detached, duplex, or townhouse units. These units can be achieved at density ranges between 6 to 12 dwelling units per gross acre, or an average of 9.0 dwelling units per gross acre. To attempt a balance between provid- ing for a variety of housing types, including multiple family, and owner-occupied single family units, an average of 11.0 dwelling units per acre is employed. The gross acreage figure of approxi- mately 567 acres will produce approximately 6,237 units for this area. While residential unit limitations are imposed, the location, desig- nation and density range of residential units will be determined at such time that the area undergoes specific planning. The location of planned community residential areas are consistent with the goals of the land use element and internally consistent with other elements of the general plan. To ensure that density ranges are internally consistent, specific planning will allow these densities to be studied against the goals and objectives of the other elements. To ensure that the entire subject area is considered, one specific plan for the entire area will be prepared. The land use diagram will serve as the base to determine location of residential units and the entire project area will not exceed approximately 7,950 dwelling units. Both the Specific Plan, and the General Plan, will be used in future consistency findings in the East Tustin area. -19- Planned Community Commercial will support all retail commercial uses with support office uses and covers an approximate acreage of 40 acres. Planned Community Mixed Use can support retail commercial uses or office/research and development uses and covers an approxi- mate acreage of 120 acres. The recreational use shown on the diagram is designated as exclusively for a golf course and covers an approximate acreage of 150 acres. Public and Institutional uses cover proposed community park loca- tions, as well as conceptual intermediate and high school sites. The approximate acreage for these uses is estimated at 90 acres. -20- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution Ho. ~>~_o/~4-- was duly passed and adopted at aj~e_qular meeting of the ~stin Planning Commission, held on the ~ day of , , PE~IN I FOLEY Recording Secretary