HomeMy WebLinkAbout10 SECOND READING/ADOPTION OF ORDINANCE NO. 1413Agenda Item 10
AGENDA REPORT RC ty Manager
Finance Director 711A—
MEETING DATE: APRIL 3, 2012
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: PATRICIA ESTRELLA, CITY CLERK SERVICES SUPERVISOR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1413
SUMMARY:
Adoption of Ordinance No. 1413 would approve Specific Plan Amendment 2011 -04 by
establishing that 30 percent of total allowable units within the City of Tustin can be
rental, allowing transfer of residential units and non - residential square footages between
planning areas, eliminating a 9 -acre sports park from neighborhood E, requiring the
execution of a development agreement prior to or concurrent with City approval of any
development project, and implementing minor text amendments to the MCAS Tustin
Specific Plan
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1413 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On March 20, 2012, the City Council had first reading by title only and introduction of
the following Ordinance:
ORDINANCE NO. 1413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2011 -04, INCREASING
THE ALLOWABLE NUMBER OF RENTAL UNITS, ALLOWING TRANSFER OF
RESIDENTIAL UNITS AND NON - RESIDENTIAL SQUARE FOOTAGES
BETWEEN PLANNING AREAS, ELIMINATING A 9 -ACRE SPORTS PARK
FROM NEIGHBORHOOD E, REQUIRING THE EXECUTION OF
DEVELOPMENT AGREEMENT PRIOR TO OR CONCURRENT WITH CITY
APPROVAL OF ANY DEVELOPMENT PROJECT, AND IMPLEMENTING
MINOR TEXT AMENDMENTS TO THE MCAS TUSTIN SPECIFIC PLAN.
Patricia Estrella
City Clerk Services Supervisor
ORDINANCE NO. 1413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT
(SPA) 2011 -04, INCREASING THE ALLOWABLE
NUMBER OF RENTAL UNITS, ALLOWING TRANSFER
OF RESIDENTIAL UNITS AND NON - RESIDENTIAL
SQUARE FOOTAGES BETWEEN PLANNING AREAS,
ELIMINATING A 9 -ACRE SPORTS PARK FROM
NEIGHBORHOOD E, REQUIRING THE EXECUTION OF
DEVELOPMENT AGREEMENT PRIOR TO OR
CONCURRENT WITH CITY APPROVAL OF ANY
DEVELOPMENT PROJECT, AND IMPLEMENTING
MINOR TEXT AMENDMENTS TO THE MCAS TUSTIN
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 the City of Tustin is proposing a minor amendment to the MCAS
Tustin Specific Plan. The proposal involves minor amendments and will
not "substantially alter" the current adopted MCAS Tustin Specific Plan.
The proposed amendment is intended to: 1) increase the allowable
number of rental units; 2) allow transfer of residential units and non-
residential square footages between planning areas; 3) eliminate a 9-
acre sports park from neighborhood E; 4), require the execution of a
Development Agreement prior to or concurrent with City approval of any
development project; and, 5) make other minor text amendments of the
MCAS Tustin Specific Plan. The proposed Amendment would not
increase the overall development potential or residential capacity
currently allowed by the MCAS Tustin Specific Plan.
B. That on April 25, 2011, the Tustin City Council approved the `Tustin
Legacy Disposition Strategy for the Former Master Developer
Footprint." The Disposition Strategy recommends refinements and /or
modifications to the MCAS Tustin Specific Plan to support development
activities anticipated over the next economic cycle. SPA 2011 -04 is in
response to the recommendation contained in the Disposition Strategy
adopted by the City Council.
C. That allowing thirty (30) percent of the total unit count as rental can be
supported based on: economics of future reuse of Tustin Legacy; the
need of affordable workforce housing; the desire to maintain jobs and
housing balance; compliance with Tustin Housing Element by providing
affordable units for special needs population (elderly, large families,
very low income households, female headed households, etc.);
dispersion of affordable units throughout community; promotion of
equal housing opportunities; financial feasibility of projects; Regional
Ordinance No. 1413
Page 2
Housing Needs allocation; and provision of a mixture of housing types
for the diverse socio- economic needs of Tustin residents.
D. That the elimination of a 9 -acre park site can be supported due to the
fact that: there are over 287 acres of open space planned at Tustin
Legacy, approximately 160 acres are planned within the former master
developer footprint; the park sites will be available to the general public
through public easements; upon implementation of these park sites,
there will be approximately 141 acres park sites above the 3
acres /1,000 persons standard in the City; the 9 -acre park site was once
planned for a detention basin where further refinement of Tustin Legacy
infrastructure design has rendered a new detention basin at the corner
of Barranca Parkway and Redhill Avenue; the 9 -acre park site is
surrounded by proposed commercial and industrial uses in which a
park site is not conducive to the surrounding non - residential uses.
E. To strengthen the public planning process, encourage private
participation in comprehensive planning, and reduce the economic risk
of development, the Legislature of the State of California adopted the
"Development Agreement Statute," Section 65864, et seq. of the
Government Code. The Development Agreement Statute authorizes
cities to enter into an agreement with any person having a legal or
equitable interest in real property and to provide for development of
such property and to establish certain development rights therein.
Pursuant to the authorization set forth in the Development Agreement
Statute, the City of Tustin is authorized and has enacted procedures for
entering into development agreements that are contained in Tustin City
Code Section 9600 to 9619. Requiring a development agreement for
development of undeveloped property within the Specific Plan area will
ensure the orderly implementation of infrastructure and additional
development in accordance with the General Plan, MCAS Tustin
Specific Plan, and Final Program EIR/EIS for the Reuse and Disposal.
of the Former MCAS Tustin and Addendum (the "Final EIS /EIR ").
F. All proposed private development projects on undeveloped property at
Tustin Legacy are required under the MCAS Tustin Specific Plan and
Final EIS /EIR to install backbone and local infrastructure or make a fair
share contribution to the development of backbone infrastructure (the
"Tustin Legacy Backbone Infrastructure Program "), and make public
dedications as determined necessary to support proposed land uses
within the project and the specific developments; prior to construction of
improvements by private owners, the City has entered into agreements
with each private owner within the Specific Plan area regarding funding
for the infrastructure improvements.
G. The City must be able to ensure that a proposed private development
project is supported by backbone and local infrastructure, meets the
requirements of the Final EIS /EIR, and that it implements Specific Plan
requirements. Without the protections provided by requiring
Ordinance No. 1413
Page 3
Development Agreements to establish the timing, sequencing, financing
and development of infrastructure, including the Tustin Legacy
Backbone Infrastructure Program, the City could not assure that the
infrastructure will be developed in an appropriate and timely manner to
serve Tustin Legacy resulting in a waste or excess expenditure of
public resources, escalation in the cost of local infrastructure and Tustin
Legacy Backbone Infrastructure Program improvements, and a failure
to complete comprehensive traffic, drainage, and other Tustin Legacy
Backbone Infrastructure Program improvements required by the
Specific Plan, the Final EIS /EIR, and Tustin City Codes
H. The processing and approval of Development Agreements is intended
to augment and further the purposes and intent of the General Plan,
Specific Plan and Final EIS /EIR. The processing and approval of
Development Agreements will eliminate uncertainty in planning for and
securing the orderly development of Tustin Legacy, ensure a desirable
and functional community environment, provide for effective and
efficient development of public facilities, infrastructure, and services
appropriate and necessary for the development of Tustin Legacy,
assure attainment of the maximum effective utilization of resources
within the City, and provide other significant and required public
benefits to the City and its residents by otherwise achieving the goals
and purposes of the Development Agreement Statute. Further,
Development Agreements will establish a schedule of performance for
future development including obligations and phasing triggering
mechanisms that ensure that adequate local and Tustin Legacy
Backbone Infrastructure Program improvements are in place to support
anticipated development in accordance with the Phasing Plan identified
in the MCAS Tustin Specific Plan and Final EIS /EIR and Addendum,
and any Tustin City Code requirements.
That on June 7, 2011, the City Council adopted an Urgency Ordinance
No. 1401, requiring the execution of a Development Agreement prior to
or concurrent with City approval of any development project. On July 5,
2011, the City Council adopted Ordinance No. 1402, extending the
requirement for the execution of a Development Agreement prior to or
concurrent with City approval of any development project for a period of
ten (10) months and fifteen (15) days.
J. That a public hearing was duly called, noticed, and held on said
application on February 14, 2012, and February 28, 2012, by the
Planning Commission. Following the public hearings, the Planning
Commission adopted Resolution 4190 recommending that the Tustin
City Council approve SPA 2011 -04 by adopting Ordinance No. 1413.
K. That on March 20, 2012, a public hearing was duly noticed, called, and
held before the City Council concerning SPA 2011 -64 (Ordinance No.
1413).
Ordinance No. 1413
Page 4
L. That on January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report
(FEIS /EIR) for the reuse and disposal of MCAS Tustin. On December 6,
2004, the City Council adopted Resolution No. 04 -76 approving a
Supplement to the FEIS /EIR for the extension of Tustin Ranch Road
between Walnut Avenue and the future alignment of Valencia North Loop
Road. On April 3, 2006, the City Council adopted Resolution No. 06 -43
approving an Addendum to the FEIS /EIR. The FEIS /EIR along with its
Addendum and Supplement is a program EIR under the California
Environmental Quality Act (CEQA). The FEIS /EIR, Addendum and
Supplement considered the potential environmental impacts associated
with development on the former Marine Corps Air Station, Tustin.
M. An environmental checklist was prepared for the proposed project that
concluded no additional environmental impacts would occur from
approval of the project (Exhibit A). The Environmental Analysis
Checklist concludes that all of the proposed project's effects were
previously examined in the FEIS /EIR, Addendum and Supplement, that
no new effects would occur, that no substantial increase in the severity
of previously identified significant effects would occur, that no new
mitigation measures would be required, that no applicable mitigation
measures previously not found to be feasible would in fact be feasible,
and that there are no new mitigation measures or alternatives
applicable to the project that would substantially reduce effects of the
project that have not been considered and adopted.
N. SPA 2011 -04 is consistent with the Tustin General Plan. The Land Use
Element includes the following City goals and policies for the long -term
growth, development, and revitalization of Tustin, including the MCAS
Tustin Specific Plan area.
1. Achieve balanced development.
2. Ensure that compatible and complementary development occurs.
3. Improve city -wide urban design.
4. Promote economic expansion and diversification.
5. Implement a reuse plan for MCAS Tustin which maximizes the
appeal of the site as a mixed -use, master - planned development.
SECTION 2. Tables 3 -1, 3 -2, and 3 -3 of the MCAS Tustin Specific Plan are hereby
deleted and replaced in their entirety with a new Table 3 -1, 3 -2, and 3 -3
in the form attached as Exhibit B.
SECTION 3. Section 3.2.2 of the MCAS Tustin Specific Plan is hereby amended to
read as follows:
3.2.2 Maximum Dwelling Units
The maximum number of dwelling units in each Planning Area may not exceed
the numbers as specified on the Land Use Statistical Analysis (Table 3 -1).
Ordinance No. 1413
Page 5
The calculation of residential density, as stated in dwelling units per acre, shall
be based on gross acres for each project unless otherwise noted in specific
planning area development standards. Gross acres is defined as total acres less
arterial roadways.
SECTION 4. Section 3.2.3 of the MCAS Tustin Specific Plan is hereby amended to
read as follows:
3.2.3 Transfer of Dwelling Unit Allocations
If a Planning Area is developed with less than the maximum number of units
allowed, then the "unused" residential development potential may be transferred
to another Planning Area - provided that such transfer does not increase the total
units allowable in the overall Specific Plan, except for any density bonuses
granted pursuant to the City Incentives for the Development of Affordable
Housing Ordinance (Density Bonus Ordinance), and subject to review and
approval by the Director of Community Development
SECTION 5. Section 3.2.5 of the MCAS Tustin Specific Plan is hereby amended to
read as follows:
3.2.5 Transfer between Residential and Non - Residential
Residential dwelling units and Non - residential ADTs may be transferred
between Planning Areas provided that such transfer does not increase the
total units allowable in overall Specific Plan, except for any density bonus
granted pursuant to the City Incentives for the Development of Affordable
Housing (Density Bonus) Ordinance, and that the landowner(s) of the
developed or undeveloped parcels within the contributing neighborhood
consent in writing to the transfer. This approval shall be in the form of an
agreement to run with the land and subject to review and approval of the City
Attorney prior to approval of the transfer.
All transfers of available ADTs shall be documented in the Trip Budget Tracking
System.
SECTION 6. Section 3.4.2A of the MCAS Tustin Specific Plan is hereby amended to
read as follows:
A. Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right where the symbol "P" occurs or by
conditional use permit where the symbol "C' occurs.
• Community care facilities for six or fewer persons P
• Condominiums and cooperatives P
• Family care home, foster home or group home, for P
six or fewer persons
Ordinance No. 1413
Page 6
Large family day care for up to fourteen children on P
single family detached lots in accordance with the
Tustin City Code
Multiple- family dwelling units (apartments) in C
accordance with tenure provisions in Section
3.4.2. H
Residential care facility for elderly, for six or fewer P
persons
• Single- family attached dwelling units and duplexes P
Single- family detached dwelling units P
• Single- family detached carriage way units P
• Small family day care for less than seven children P
on single family detached lots
SECTION 7. Section 3.4.2.H.4 of the MCAS Tustin Specific Plan is hereby amended
to read as follows:
4. Tenure - Reuse /development in Planning Area 4 shall be preferably
ownership tenure, Development of apartments is a discretionary action
requiring approval of a conditional use permit.
SECTION 8. Section 3.4.3A of the MCAS Tustin Specific Plan is hereby amended to
read as follows:
A. Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right where the symbol "P" occurs or by
conditional use permit where the symbol "C occurs.
Churches and other religious institutions
C
• Community care facilities for six or fewer persons
P
• Condominiums and cooperatives
P
Convalescent hospital
C
• Family care home, foster home or group home, for
P
six or fewer persons
Large family day care for seven to twelve children
P
on single family detached lots in accordance with
the Tustin City Code
Multiple - family dwelling units (apartments) in
C
accordance with tenure provisions in Section 3.4.3.1
• Patio homes
P
Private school
C
• Public or private preschools
C
Fire Station
P
• Public /private utility building facility
C
Residential care facility for elderly, for six or fewer
P
persons
Single- family attached dwelling units and duplexes
P
• Single- family detached dwelling units
P
Ordinance No. 1413
Page 7
• Single- family detached Carriage Way units P
• Small- family day care for less than seven children P
on single - family detached lots
SECTION 9. Section 3.4.3.1.3 of the MCAS Tustin Specific Plan is hereby amended
to read as follows:
3. Tenure - Development in Planning Area 5 of apartments is a
discretionary action requiring approval of a conditional use permit.
SECTION 10. Section 3.6.2.A.5 of the MCAS Tustin Specific Plan is hereby
amended to read as follows:
5. Residential uses:
Family care home, foster home or group home, for P
six or fewer persons
Condominiums and cooperatives P
Multiple family dwellings (apartments) in accordance P
with tenure provisions in Section 3.6.2.1
Single family attached dwelling units and duplexes P
SECTION 11. Section 3.6.2.1.4 and 5 of the MCAS Tustin Specific Plan is amended
as follows:
4. Affordability — In the event dwelling units are proposed, the following
minimum affordable housing production objectives are intended to reflect
the intention of the City to create a redevelopment project area
(Community Redevelopment Law, section 33000) and as needed to
meet Regional Housing Allocation needs as identified in the Housing
Element of the General Plan through the provisions of housing for
households at very low, low and moderate income levels. Specific
housing requirements for redevelopment and Housing Element
compliance on a residential housing project will be established at the
time of development project approval to ensure conformity with the
Housing Element of the General Plan and other applicable provisions of
California Law and to achieve the following:
a) The number of affordable housing units in Neighborhood D shall be
196, of which 53 must be at the very low income level, 53 at the low
income level and 90 at the moderate income level. If future
amendments to the plan occur at least 15% of additional units for
initial occupancy by very low income to moderate income households
for redevelopment, with 6% (or 40 %) of units affordable to very low
income households.
b) Restricted affordable housing units shall be reasonably dispersed and
located and may be accomplished in attached projects only. The
affordable units shall be compatible with the design and use of
Ordinance No. 1413
Page 8
market rate units in appearance, use of materials, and finished
quality. Restricted units shall be affordable for at least the minimum
period of time required by state law, or longer if required by a
construction or mortgage financing assistance program.
c) Prior to issuance of a certificate of use and occupancy, a developer
shall enter into a legally binding agreement with the City of Tustin or
its Redevelopment Agency, and agree to deed restrictions on
targeted affordable housing units that are binding on property upon
sale or transfer. Said agreements shall address the following:
1) Number of units by type, location, bedroom count
2) Standards for qualifying income and maximum rents
or sales prices
3) Parties responsible for sales prices and incomes
d) (Section Deleted)
5. Tenure — Thirty (30) percent of the total number of units authorized within
the City of Tustin portion of the Specific Plan are permitted for
apartments.
SECTION 12. Section 3.9.2.1.4.e) and 3.9.2.1.5 of the MCAS Tustin Specific Plan is
hereby amended to read as follows:
e) (Section Deleted)
5. Tenure - Thirty (30) percent of the total number of units authorized within
the City of Tustin portion of the Specific Plan is permitted for apartments.
SECTION 13. Section 3.9.4.J.4 of the MCAS Tustin Specific Plan is hereby
amended to read as follows:
4. Tenure - Reuse /development of Planning Area 21 shall be encouraged
to be ownership tenure. Development of apartments is a discretionary
action requiring approval of a conditional use permit.
SECTION 14. Section 4.2.9 through 4.2.10 of the MCAS Tustin Specific Plan is
hereby amended to read as follows:
4.2.9 Development Agreement
To strengthen the public planning process, encourage private participation in
comprehensive planning, and reduce the economic risk .of development, the
Legislature of the State of California adopted the "Development Agreement
Statute," Section 65864, et seq. of the Government Code. The Development
Agreement Statute authorizes the City to enter into an agreement with any
person having a legal or equitable interest in real property and to provide for
development of such property and to establish certain development rights
Ordinance No. 1413
Page 9
therein. Pursuant to the authorization set forth in the Development Agreement
Statute, the City has enacted procedures for entering into development
agreements which are contained in Tustin City Code Sections 9600 to 9619.
The processing and approval of Development Agreements is intended to
augment and further the purposes and intent of the General Plan, Specific
Plan and Final EIS /EIR and will ensure the orderly implementation of
infrastructure and additional development in accordance with the General
Plan, MCAS Tustin Specific Plan, and Final Program EIR /EIS for the Reuse
and Disposal of the Former MCAS Tustin and Addendum (the "Final
EIS /EIR "). Further, Development Agreements will establish a schedule of
performance for future development including obligations and phasing
triggering mechanisms that ensure that adequate local and Tustin Legacy
Backbone Infrastructure Program improvements are in place to support
anticipated development in accordance with the Phasing Plan identified in the
MCAS Tustin Specific Plan and Final EIS /EIR and Addendum, and any Tustin
City Code requirements.
Accordingly, prior to issuance of any permits or approval of any entitlements
within the Specific Plan area, all private development shall first obtain a
Development Agreement in accordance with Section 65864 et seq. of the
Government Code and Sections 9600 to 9619 of the Tustin City Code.
4.2.10 General Notes
A. Where required, approval from the South Coast Air Quality Management
District or successory agency(ies) shall be obtained for any devices or
processes responding to mandated actions. The City of Tustin or Irvine, as
applicable, will assist in this process to the extent possible.
B. Whenever the regulations contained in this Specific Plan conflict with the
regulations of the Tustin City Code or Irvine's Codes, as applicable, the
provisions of this Specific Plan shall take precedence. The Tustin City Code
or Irvine Codes, as applicable, shall apply regarding any standard or
regulation not covered by this plan.
4.2.11 Severability
If any section, subsection, subdivision, sentence, clause, phrase, exhibit, table
or portion of this Specific Plan is found to be invalid or unconstitutional by a
court having jurisdiction, such a decision shall not invalidate the remaining
portions in whole or in part of the Specific Plan.
SECTION 15. 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
Ordinance No 1413
Page 10
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 3`d day of April, 2012.
JOHN NIELSEN
MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1413
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.
1413 was duly and regularly introduced and read at the regular meeting of the City
Council held on the 20`" day of March, 2012, and was given its second reading,
passed and adopted at a regular meeting of the City Council held on the 3`d day of
April, 2012, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, City Clerk