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HomeMy WebLinkAbout02 ATTACHMENTSAttachment 1 Resolution No. 12 -104 Adopting a Negative Declaration for SPA 2012-001 and '� 1 1 RESOLUTION NO. 12-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE NEGATIVE DECLARATION FOR SPECIFIC PLAN AMENDMENT 2012-001 (ORDINANCE NO. 1414), AND GENERAL PLAN AMENDMENT 2012-01 PROVIDING A GENERAL UPDATE OF THE FIRST STREET SPECIFIC PLAN. The City Council of the City of Tustin does hereby resolve as follows: A. That Specific Plan Amendment 2012-001 (Ordinance No. 1414) and General Plan Amendment 2012-01 is a City-initiated project intended to provide a general update of the First Street Specific Plan; B. That Specific Plan Amendment 2012-001 (Ordinance No. 1414) and General Plan Amendment 2012-01 collectively are considered to be a "project" by the California Environmental Quality Act ("CEQA") (Pub. Resources Code §21000 et seq.); C. That an Initial Study has been prepared to evaluate the potential environmental impacts associated with the project that concluded that the project could not have a significant effect on the environment, and a Negative Declaration (ND) was prepared; D. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20-day public review and comment period from September 27, 2012, through October 23, 2012, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; E. That a public hearing was duly called, noticed, and held for Specific Plan Amendment 2012-001 (Ordinance No. 1414) and General Plan Amendment 2012-001 on October 23, 2012, by the Tustin Planning Commission. At said meeting the Planning Commission adopted Resolution No. 4209, recommending that the City Council consider and adopt the Negative Declaration for Specific Plan Amendment 2012-001 (Ordinance No. 1414) and General Plan Amendment 2012-01; F. That a public hearing was duly called, noticed, and held for Specific Plan Amendment 2012-001 (Ordinance no. 1414) and General Plan Amendment 2012-01 on November 20, 2012 by the Tustin City Council. Prior to consideration of Specific Plan Amendment 2012-001 and General Plan Amendment 2012-01, the Tustin City Council considered the proposed Negative Declaration, Initial Study and comments received. Based upon the whole record, there is no substantial evidence that the project will have a significant effect on the environment. Resolution No. 12-104 Page 2 11. The Tustin City Council hereby adopts the Negative Declaration and Initial Study attached hereto as Exhibit A for Specific Plan Amendment 2012-001 (Ordinance No. 1414) and General Plan Amendment 2012-01, providing a general update of the First Street Specific Plan. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20th day of November, 2012. JOHN NIELSEN MAYOR ATTEST: PAMELA STOKER CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do 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 Resolution No. 12-104 was duly passed and adopted at an adjourned regular meeting of the Tustin City Council, held on the 20th day of November, 2012, by the following vote: za A i I A 0 0 93��� Exhibit A COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 I Project Title:Specific Plan Amendment 2012-001, including amendment of the City of Tustin Zoning Map, and General Plan Amendment 2012-001 Project Location: First Street, Tustin California Project Description: General update of the First Street Specific Plan adoped in 1985 Project Proponent: City of Tustin Lead Agency Contact Person: Dana Ogdon, AICP Telephone: 714/573-3109 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: M That there is no substantial evidence that the project may have a significant effect on the environment. F-1 That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON October 23, 2012 Date Elizabeth A. Binsack Community Development Director Project Title: Specific Plan Amendment 2012-001 (Draft Ordinance No. 1414), And General Plan Amendment 2012-001 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Dana L. Ogdon, AICP, Assistant Director Phone: (714) 573-3109 Project Location: Generally in proximity to First Street, from the easterly edge of the 55 Newport/Costa Mesa Freeway to the westerly edge of Newport Avenue. See attached location map (Attachment A). Project Sponsor's Name and Address: City of Tustin 300 Centennial Way, Tustin, CA 92780 General Plan Land Use Designation: Primarily - Planned Community Commercial Business (PCCB). Zoning Designation: Primarily — First Street Specific Plan (SP 10) Surrounding Land Uses and Setting: A variety of urban commercial and residential uses. Project Description: Project Description: The First Street Specific Plan was completed in less than four months and adopted by the Tustin City Council on December 2, 1985. The proposed update is needed to clarify and modernize the document's zoning regulations applicable to existing uses (Exhibits 2 and 3). No ground disturbance work is proposed, nor will such occur as a direct result of the City's planned approval of this project. The current First Street Specific Plan may be viewed at: hftp://www,tustinca.org/departments/commdev/;Index.html#planningZoning. Proposed General Plan Amendment 2012-001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. INITIAL STUDY Other public agencies whose approval is required: ❑ Orange County Fire Authority F-1 City of Santa Ana E-1 Orange County EMA District F-1 City of Irvine ❑ South Coast Air Quality Management ❑ Other ❑ Orange County Health Care Agency Attachments: EXHIBIT 1: First Street Specific Plan Location Map; EXHIBIT 2: SPA 2012-001 EXHIBIT 3: GPA 2012-001 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: City of Tustin The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑ Greenhouse Gas Emissions ❑ Land Use / Planning ❑ Population / Housing ❑ Transportation/Traffic DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture and Forestry Resources r-1 Cultural Resources ❑ Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities / Service Systems ❑ Air Quality ❑ Geology /Soils ❑ Hydrology/ Water Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. F-1 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to 21 P a g e INITIAL STUDY City of Tustin that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature: Printed Name: Elizabeth A. Binsack Title: Comni'Uniiy- - Signature: � k Preparer: Dana L. Ogdon, AICP JTitle: AssistanF—C 3 1 P a ge Date: Z- opment Director rector Date: C. EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts, 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact," The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance D. INITIAL STUDY Issues: 1. AESTHETICS. Would the project: a) Have a substantial adverse M effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rocks outcroppings, and historic buildings within a state scenic highway? C) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 11. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy 5 Page INITIAL STUDY Potentially Significant Impact X Fol FN FOR Less Than Significant With Mitigation Incorporated 101 X Fol -0 City of Tustin Less Than Significant Impact No Impact El M r-] M INITIAL STUDY City of Tustin a g. e Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, EJ EJ Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning El F1 El for agricultural use, or a Williamson Act contract? C) Conflict with existing zoning for, or El cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or El El conversion of forest land to non- forest use? e) Involve other changes in the existing El El environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non-forest use? a g. e INITIAL STUDY Issues: Ill. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ F-1 ❑ ❑ ❑ F-1 ❑ F-] F-1 ❑ City of Tustin Less Than Significant Impact No Impact F-1 E F-1 M 0 M INITIAL STUDY Issues: IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ M El ❑ ❑ 1-1 M ❑ 1-1 ❑ M ❑ ❑ ❑ M ❑ F-1 ❑ E INITIAL STUDY Issues: Potentially Significant Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 91 ❑ ❑ ❑ M ❑ ❑ ❑ M ❑ City of Tustin Less Than Less Than No Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ M ❑ ❑ ❑ M ❑ ❑ ❑ M ❑ ❑ ❑ M ❑ F-1 ❑ VII GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, F-1 0 M either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? INITIAL STUDY City of Tustin - - ------- - ---- ____ ------- -- -- Issues: Potentially ww Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Strong seismic ground Fl shaking? Seismic-related ground F] FJ R failure, including liquefaction? iv. Landslides? F] F] b) Result in substantial soil erosion or F] the loss of topsoil? C) Be located on a geologic unit or F] soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately FJ El supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, F-1 0 M either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Issues: Vill HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 11 1 P a - e INITIAL STUDY City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ M ❑ ❑ ❑ ❑ ❑ ❑ ❑ M ❑ ❑ ❑ M ❑ ❑ ❑ M INITIAL STUDY City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated g) Impair implementation of or F] F] physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a El D significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated IX HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or El waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 12 1 P a gr e C) d) e) 0 R. h) 13 1 P a ga _e INITIAL STUDY City of Tustin .............. . .. .. Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Substantially alter the existing drainage nffnr ; the pattern U l, V 0 ; V or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100 -year flood hazard area structures that would impede or redirect flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ ❑ ❑ ❑ ❑ M ❑ ❑ ❑ ❑ ❑ ❑ ❑ r_1 1:1 M Fl ❑ 1-1 ❑ E INITIAL STUDY Issues: Potentially Less Than Significant Significant Impact With Mitigation Incorporated X. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applicable habitat conservation plan or natural community conservation plan? X1 MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 141 P e City of Tustin Less Than No Significant Impact Impact F-1 r_1 F-1 M ❑ ❑ ❑ M ❑ F-1 ❑ M ❑ ❑ ❑ M F-1 ❑ F-1 M INITIAL STUDY Issues: Potentially Significant Impact X11 NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 15 1 P a - P City of Tustin Less Than Less Than No Significant Significant Impact With Impact Mitigation Incorporated F-1 ❑ ❑ M ❑ ❑ ❑ M ❑ ❑ ❑ M 1-1 ❑ ❑ M ❑ ❑ ❑ N INITIAL STUDY Issues: XIII POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIV PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i. Fire protection? ii. Police protection? iii. Schools? iv. Parks? 16 1 P a - e Potentially Significant Impact LK Less Than Significant With Mitigation Incorporated 1-1 City of Tustin Less Than Significant Impact 07 No Impact a R M El M ❑ ❑ r-] ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ INITIAL STUDY Issues: V. Other public facilities? XV RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? XVI TRANSPORTATION /TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 17 1 Pa g e City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ M ❑ ❑ ❑ M ❑ �1 C) ZE e) f) INITIAL STUDY City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant impact Impact With Impact Mitigation Incorporated Result in a change in air traffic F-1 F-1 ❑ including ;+k patterns, "" U 14; "V V V1 an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? XVI I UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? F-1 M F-1 F-1 ❑ M F-1 F-1 ❑ M ❑ F-1 F-1 M 191 P age INITIAL STUDY City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f} Be served by a landfill with EJ E sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVIII MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 191 P age Issues: b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? INITIAL STUDY City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ E ❑ ❑ ❑ M Note: Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65088.4, Gov. Code; Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.05, 21083.3, 21093, 21094, 21095, and 21151, Public Resources Code; Sundstrom v. County of Mendocino, (1988) 202 Cal.App.3d 296; Leonoff v. Monterey Board of Supervisors, (1990) 222 Cal.App. 3d 1337; Eureka Citizens for Responsible Govt v. City of Eureka (2007) 147 Cal.AppAth 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.AppAth at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.AppAth 656. See Attachment B for narrative support for the conclusions identified in this checklist. 2 0 1 P --1 9, e ATTACHMENT B INITIAL STUDY SPA 2012 -001, GPA 2012 -001 FIRST STREET SPECIFIC PLAN PROJECT DESCRIPTION Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. The proposed amendments would update and modernize the First Street Specific Plan (originally adopted in 19 85) to create regulations that reinforce the community's desires as expressed when the Specific Plan was originally adopted to promote economic development along First Street in a manner compatible with surrounding land uses. In addition, the document has been modernized to correct errors and inconsistencies that have occurred over the years since its adoption including: an update that eases the identification of land use designations; modernizing terms used in the Specific Plan's zoning regulations pertaining to the types of permitted and conditionally permitted commercial uses that may operate in the area; clarifying where such uses may or may not occur, providing modern parking regulations consistent with those used throughout the rest of the City; and updating and clarifying the document's maps and graphics. General Plan Amendment 2012 -001 also corrects General Plan Figure depictions of the City's jurisdictional boundaries to reflect areas incorporated into the City in the past and also a previously approved Sphere of Influence modification approved by the Local Area Formation Commission (LAFCO) involving an unincorporated area in the County of Orange. Proposed General Plan Amendment 2012 -001 also incorporates minor text amendments requested by the Orange County Airport Land Use Commission and includes a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. This Initial Study is prepared to evaluate the environmental impacts of the proposed project with respect to the following categories: L AESTHETICS Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) No Impact. The City of Tustin General Plan encourages protection of scenic views and resources (including vistas) through site planning and architectural design; and through implementation of the Grading Manual. The proposed project is intended to update and modernize the General Plan Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 2 and First Street Specific Plan to promote economic development along First Street in a manner that is compatible with surrounding uses. The proposed project is administrative in nature and would not directly affect any scenic vistas in that there are no physical changes proposed. As with the current Specific Plan, the proposed update would continue to require future development projects to be reviewed through an established Design Review process, and either modified or conditioned to address specific impacts to scenic vistas (if any). Therefore, this project will not have a substantial adverse effect on a scenic vista. b) No Impact. The General Plan Circulation Element does not identify any scenic resources, including, but not limited to, trees, rocks outcroppings, and historic buildings within a state scenic highway within the City. Therefore, there are no direct impacts related to the proposed Specific Plan and General Plan amendment intended to update and modernize the General Plan and First Street Specific Plan to promote economic development along First Street in a manner that is compatible with surrounding uses. The proposed project is administrative in nature and would not directly affect any scenic resources in that there are no physical changes proposed. As with the current Specific Plan, the proposed update would continue to require future development projects to be reviewed through existing regulations, and modified or conditioned to address specific impacts to scenic resources (if any). Impacts related to any future project may be identified and evaluated in conjunction with the applicable discretionary process and may be subject to separate CEQA review. Therefore, this project will not have a substantial adverse effect on a will not detrimentally alter, destroy or adversely affect any scenic resource. c) No Impact. As proposed, Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 will continue to encourage that future development be compatible with the existing visual character or quality of the site and its surroundings. In addition, the Specific Plan Amendment supports ongoing preservation of certain historic residences existing along First Street by recognizing these structures as conforming and allowing expansion/alteration of an identified historic structure in addition to continuing to support adaptive reuse of historic structures. Adaptive reuse preserves the important physical attributes of the historic resource for future generations to appreciate by adapting old structures for purposes other than what the building was originally designed. As with the current Specific Plan, the proposed project would continue to require future development projects to be reviewed through an established Design Review process, and either modified or conditioned to address specific impacts to the visual character or quality of the area (if any). Impacts related to any future project may be identified and evaluated in conjunction with the applicable discretionary process and may be subject to separate CEQA review. In addition, the City of Tustin has been recognized by the State of California as a Certified Local Government (CLG). The Certified Local Government Program is a preservation partnership between local, state and national governments focused on promoting historic preservation at the grass roots level. Certification acknowledges that the City has adopted ordinances that protect important historic resources; that the City has appointed a qualified board (Planning Commission) to oversee and decide discretionary matters involving proposed changes to historic resources; and, that the City has employed staff members with significant experience or training in historic preservation matters. CLG designation also provides the City access to the expert technical advice of the State Office of Historic Preservation as well as the National Park Service's Advisory Council on Historic Preservation. Partnerships with the National Alliance of Preservation Commissions, Preserve America, the National Trust for Historic Preservation, and the National Main Street Center are also networks that CLGs have an opportunity to tap into. When needed, staff has also employed the expertise of 30ffi Street Architects, an historic Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 3 preservation architecture and planning firm recognized statewide as experts in documenting, preserving and restoring historic resources. Therefore, this project will not have a substantial adverse effect upon the existing visual character or quality of the site and its surroundings. d) No Impact. Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature and would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area any direct manner nor cause environmental consequences that will not be addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. Future development projects may be subject to providing a photometric plan and additional review may be required on a case -by -case basis for lighting of parking lots and loading areas. Impacts related to any future project would be identified and evaluated in conjunction with the applicable discretionary process that may be subject to separate CEQA review. Therefore, this project will not have a substantial adverse effect upon the existing visual character or quality of the site and its surroundings. MitigationlMonitoring Required.• The City's Design Review process and conditions of approval for the project will ensure that the structures do not pose an impact to aesthetics of the surrounding community. Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan City of Tustin Historical Resources Survey (1990) Update to Tustin Historical Resources Survey (2003) City of Tustin Residential Design Guidelines — Cultural Resource District II. AGRICULTURE AND FOREST RESOURCES Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) No Impact. No farmland currently exists within the area affected by the proposed project. Therefore, the proposed project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use. Attachment B Evaluation of Environmental impacts Specific Plan Amendment 2012-001 and General Plan Amendment 2012-001 Page 4 b) No Impact. No farmland currently exists within the area affected by the proposed project. Therefore, the proposed project will not conflict with existing zoning for agricultural use, or a Williamson Act contract. c) No Impact. No forest land or timber land currently exists within the area affected by the proposed project. Therefore, the proposed project will not conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)). d) No Impact. No forest land or timber land currently exists within the area affected by the proposed project. Therefore, the proposed project will not result in the loss of forest land or conversion of forest land to non-forest use. c) No Impact. No farmland, forest land or timber land currently exists within the area affected by the proposed project. Therefore, the proposed project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use. iViligationlMonitoring Required: No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan Orange County Important Farmland Map 2006 A Guide to The Farmland Mapping and Monitoring Program, 2004 Edition in "Llide 200 L4.pdf 111. AIR QUALITY Specific Plan Amendment 2012-001 (Ordinance No. 1414) and General Plan Amendment 2012-001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012-001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) No Impact. The proposed project would not conflict with or obstruct implementation of the applicable air quality plan, as prepared by the South Coast Air Quality Management District (SCAQMD) in the Air Quality Management Plan (AQMP) for the South Coast Air Basin. No physical improvements are proposed in conjunction with either Specific Plan Amendment 2012- 001 or General Plan Amendment 2012-001. Impacts related to any future project would be identified and evaluated in conjunction with the applicable discretionary process that may be Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 5 subject to separate CEQA review. Therefore, the proposed project would not conflict with or obstruct implementation of the applicable air quality plan. b) No Impact. Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature and would not violate any air quality standard or contribute substantially to an existing or projected air quality violation. Future projects would be required to comply with air pollution requirements that would be identified and evaluated in conjunction with the applicable discretionary process that may be subject to separate CEQA review. The proposed project would not result in a violation of any air quality standard. c) No Impact. Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature and would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Impacts related to any future project would be identified and evaluated in conjunction with the applicable discretionary process that may be subject to separate CEQA review. Therefore, the proposed project would not result in any criteria pollutant that would negatively influence the region's non - attainment of air quality standards. d) Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature and would not expose sensitive receptors to substantial pollutant concentrations. Impacts associated with any future project would be identified and evaluated in conjunction with the applicable discretionary process that may be subject to separate CEQA review. Therefore, the proposed project would not expose sensitive receptors to pollutant concentrations. e) As note previously, Specific Plan Amendment 2012 -001 and General Plan Amendment 2012- 001 are administrative and would not create objectionable odors affecting a substantial number of people. Impacts associated with any future project would be identified and evaluated in conjunction with the applicable discretionary process that may be subject to separate CEQA review. Therefore, the proposed project would not create objectionable odors affecting a substantial number of people. MitigationlMonitoring Required. No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan Tustin Grading Manual CEQA Air Quality Handbook IV. BIOLOGICAL RESOURCES No biological resources, riparian habitats, etc. exist within the First Street Specific Plan project area. Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange Attachment Evaluation of Environmental Impacts Specific Plan Amendment 2Ol2-O0| and General Plan Amendment 2O|2-08l Page County Local Formation Commission, and include u new General Plan Land Use Munwh�h presents existing u� pkdcai m in an format. ' The proposed project io administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that nxzu|d avoid the creation of significant land use and planning impacts. Impacts associated with any future project n*u|dhoideudficdaudeva|nutrdioco 'unodnovvhbthe applicable discretionary process that may be subject to separate CEQA review. a) The California Fish and Game Code was adopted by the State legislature to protect the fish and nikUde rcm000ccm of the State. Special permits are mep/brd for any lake ocstream alterations, dredging or other activities that may affect fish and game habitat. Specific Plan Amendment 2012-001 and Gcucox| Plan Amendment 2Ol2-OO) are administrative in nature and would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. No physical improvements are currently proposed in conjunction with the proposed project. Impacts related to any future project vwu|d be identified and evaluated inconjunction with the California Fish and Gmoo Code and may be subject to separate C2(]A mcvic^v. Therefore, no impacts will result with implementation of the proposed project. h) Specific Plan Amendment 2012-001 and (7eusod Plan Amendment 2012-001 are administrative in nature and would not have u substantial adverse effect on any riparian habitat or other ueumdivc natural community identified in local or regional p|uoo, policies, regulations, or by the California Department of Fish and Gunm or U.S. Fish and Wildlife Service. associated with any future project would hm identified and evaluated in conjunction with the applicable discretionary process that may bc subject to separate CEgA review. Therefore, the proposed project vvUl have no substantial adverse effect on any riparian habibdorodhcrmunaiiive natural community. d The proposed project is intended bn update and mndemize the General Plan and First Street Socofiu Plan to promote economic development along Find Street in a nuunocr that is compatible with surrounding uses. 4^o such, Specific Plan Amendment 20|2'0U| and General Plan Amendment 2O|2-OOl are administrative in nature and would not have osubstantial adverse effect on federally protected wetlands am defined by Section 4O4of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) u direct removal, filling, hydrological interruption, or other means. In accordance with 1c City's existing permit (Order No. R8-2009-0030 NPDES No. CAS618030) with the Santa Ana Regional Quality Control Board, any future applicant may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) to ensure grading and reclamation activities do not allow runoff from the site to carry sediment during a storin event to impair the water quality. The proposed project will clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming" in the TCC. Any future project that is considered a priority project will be required to prepare a Water Quality Management Plan (WQMP) as part of the discretionary review process to ensure runoff from the site, due to ongoing operations, does not impair water quality downstream. Therefore, no impact is anticipated as part of the proposed project that could cause a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. Attachment 0 Evaluation nf Environmental Impacts Specific Plan Amendment 20|2-00| and General Plan Amendment 2012-001 Page 6) The proposed project is intended to update and modemize the General Plan and First Street Specific Plan to promote economic development along First Street in u manner that is compatible with surrounding uses. An such, Specific Plan Amendment 2Ol2-0O) and General Plan Amendment 2O|2-UOl are administrative in nature and would not interfere mobmtamdoUy with the movement of any native resident or migratory fish or vvi\d|iO: mpcuico or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery uik:u. lcnpucCu associated with any future project would be identified and evaluated in conjunction with the uppiiuuh|e discretionary process - that may be subject to (�/� mcpuzox:CE review. ' e) The proposed project is intended to update and modernize the General Plan and First Street Specific Plan to promote economic development along First Street in a nmumucr that is compatible with surrounding uses. Ao such, Specific Plan Amendment 2012-001 and General Plan Amendment 20!2-O0l are administrative in nature and would not conflict with any local policies or ordinances protecting biological resources, such as o tree preservation policy or ordinance. The City's General Plan Conservation/Open Space/Recreation Element mandates continued maintenance ofsignificant tree stands. New developments may require ubiological aoa«sanen1 as required in the review process. {nnpnuts associated with any Ddumc project would be identified and evaluated in conjunction with the applicable discretionary process that may bu subject k» separate CEOAreview. 0 The City of Tustin is u participating member of the Natural Community Cnn�m��n Plan (NQC9)aod �whhhm�e {�o��1 8uh��enbu Orange NCCP ' region. �e proposed p '�tiaintcudcdiouod�eundmnodernize{heGcueral9|unond-��8beetQ However, Plan to promote economic development along First 3hecl in u manner that is compatible` with surrounding uses. As such, Specific 9|au /\nnendnnout 2012-001 and General Plan Amendment 2012-001 are administrative in nature and would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Impacts associated with any future project would be identified and evaluated in conjunction with the applicable discretionary process that may he subject nn separate CB()/kreview. iViligationlAlonitoring Required: No mitigation is required Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan Department uf Fish and Game, NCCp V. CULTURAL RESOURCES Specific Plan Amendment 2012-001 No |4l4) and General Plan Amendment 2O(2-OOl are intended to implement u eencod update to the First Street n Specific Plan. Gconna p|um Amendment 2012-001 would also incorporate nh�t�x1 uu�ndu�mkm requested by Orange (�Vunty/\irpor1LandUoeCommninmion,roOootdheCiry`ocuoentmphermofiuOuenuumupproved hv the Orange County Local Agency Formation Commission, and include u new General 9|au Land Use Map which presents existing general plan designations ioun updated format. Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 8 The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. Regulations and the appropriate procedures include a requirement that a Certificate of Appropriateness be obtained. Said Certificate of Appropriateness must include specific findings for construction or alteration to ensure that alterations will not detrimentally alter, destroy or adversely affect the resource and, in the case of a structure is compatible with the architectural style of the existing historic structure. Ultimately, Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 will provide consistency with the City's goals for historic preservation to ensure that historic structures are preserved and maintained. aj The City of Tustin General Plan sets out conservation goals to maintain and enhance the City's unique culturally and historically significant building sites or features. Specifically: Land Use Policy 5.5: Encourage the restoration and rehabilitation of properties in Tustin eligible for inclusion on the National Register of Historic Places according to the rehabilitation guidelines and tax incentives of the National Trust for Historic Preservation. Land Use Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. Land Use Policy 6.5: Preserve historically significant structures and sites, and encourage the conservation and rehabilitation of older buildings, sites, and neighborhoods that contribute to the City's historic character. Conservation Policy 12.1: Identify, designate, and protect facilities of historical significance, where feasible. Conservation Policy 12.3: Development adjacent to a place, structure or object found to be of historic significance should be designed so that the uses permitted and the architectural design will protect the visual setting of the historical site. In addition to allowing expansion or alteration of a designated historic structure, the City also supports adaptive reuse of historic structures. Adaptive reuse preserves the important physical attributes of the historic resource for future generations to appreciate by adapting old structures for purposes other than what the building was originally designed. In addition, the City of Tustin has been recognized by the State of California as a Certified Local Government (CLG). The Certified Local Government Program is a preservation partnership between local, state and national governments focused on promoting historic preservation at the grass roots level. Certification acknowledges that the City has adopted ordinances that protect important historic resources; that the City has appointed a qualified board (Planning Commission) to oversee and decide discretionary matters involving proposed changes to historic resources; and, that the City has employed staff members with significant experience or training in historic preservation matters. CLG designation also provides the City access to the expert technical advice of the State Office of Historic Preservation as well as the National Park Service's Advisory Council on Historic Preservation. Partnerships with the National Alliance of Attachment B Evaluation ofEnvironmental Impacts Specific Plan Amendment 2Oi2-0O| and General Plan Amendment 20|2-00| Page Preservation Commissions, Preserve America, the National Trust for Historic —' --� and de N�o^ �Mo�Sbec . Ce��a�also ndxm��dn�CLG n have om opportunity to top into Wkcn needed, staff has also employed the expertise of300' Street Architects, an historic ym:ncnu1ion architecture and planning finn recognized statewide as experts in documenting, premerving and restoring historic resources. Tbcoefhno, this project will not have substantial adverse effect upon the existing visual character or quality uf the site and its surroundings. Specific Plan Amendment 2012-001 and General Plan Amendment 2012-001 are administrative in nature and would not cause u substantial adverse change iu the uignifiuunca ofn historical resource amdefined in California Government Code 0 15064 .5. � No physical improvements | inproveneuts are ouoenLh^ proposed in conjunction with the proposed project. lmpuozm associated with any future project voold be identified md evaluated in m�' mmUonwith the applicable discretionary process that may be subject to separate CEQA review. b) The proposed project is intended to update and modernize the General Plan and First Street Specific Plan to promote economic along First Street in u manner that in compatible with surrounding uses. As such, Specific Plan Amendment 2012-001 and (}rueoul Plan Amendment 2012-001 are administrative in nature and `voo\d not cause a substantial adverse change in the significance ofon archaeological resource pursuant to6 15064.5. Impacts associated with any future project "/ou|d he identified and evaluated u in conjunction the applicable discretionary process that may be subject to separate CQ review. According the C�vofTumdu General 9|uo Cnnocnm1io pmu Space/Recreation E6e--- (Goa| 13), and the Sbmduo| {ooddinnaofApproval, individual ' ' cc� will he subject to -- mm r~~^^". �v oc�ifiod unJ`ueokoo�t m or paleontologists for o�p Uevo|npolcr� in designated sensitive areas. These conditions will be required onucuoe-bv-caa¥ basis for individual projects mubi�ttodimonti000,ynevic�v; however Ueproposed project proposes nwohvn�a changes. ,—« — c) Specific Plan Amendment 2012-001 No |4l4N and General Plan � Amendment 2012- 001 are intended to implement general update hV the First Street Specific Plan. The proposed project is administrative in uab/m and would not increase the overall development potential currently allowed hv the First Street Specific Plan or previously allowed inthe area, no-- create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation ofsignificant land use and planning impacts. As such, Specific P1uo Amendment 2012-001 and General 9|uo Amendment 2O|2'00/ are administrative in nature and would not directly or indirectly destroy a unique paleontological rcnunncc or site or unique geologic feature. Impacts associated with ' any future project would be identified and evaluated in conjunction with the applicable discretionary process that may be subject to separate CEQA review. J] For the reasons discussed previously, the proposed nme�'�|/o�d���ybmu��ma�, �oh/6�pthose bn�xzedoubkeoffonnu cemeteries. ' 'pccifioPiouAmendnmeut2U/2-O0land General Plan Amendment 20)2-00) are udouioinbzdivc in nature. Impacts associated with any future project would be identified and evaluated in conjunction � with the applicable discretionary that may bc subject to separate CEUAreview. , itigationl1lonitoring Required: No mitigation is required. Sources: Field Verification First Street Specific Plan Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 10 Tustin City Code Tustin General Plan City of Tustin Historical Resources Survey (1990) Update to Tustin Historical Resources Survey (2003) City of Tustin Residential Design Guidelines — Cultural Resource District Secretary of the Interior's Standards for Historic Rehabilitation http/, vww.n s- o) historvr'hpsltps /statidar(is gwidelines htm VI. GEOLOGY AND SOILS Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature. Impacts associated with any future project would be identified and evaluated in conjunction with the applicable discretionary process that may be subject to separate CEQA review. Therefore, the proposed project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. According to the City of Tustin General Plan, Public Safety Element (January 2001), the Tustin Planning Area (Planning Area) lies within a seismically active region. However, there are no known active or suspected potentially active faults identified within the Planning Area. The El Modena fault passes through the Planning Area's northern section; however, studies have not been conclusive about the active /inactive status of this fault. Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 propose no physical changes and future proposals would be subject to individual review. Therefore, no impacts associated with rupture of a known earthquake fault are anticipated with the implementation of this update project. ii. Strong seismic ground shaking. See previous discussion. There is no evidence of any active or potentially active faults within the Tustin Planning Area (Planning Area) and it is not located within an Alquist- Priolo Earthquake Fault Zone. However, the Planning Area is located in the seismically active region of southern California. Slight to intense ground shaking is possible within the Planning Area if an earthquake occurs on a segment of the active faults in the region. Under current seismic design standards and California Building Code (CBC) provisions, new buildings would incur only minor damage in small to moderate earthquakes, and potential structural damage during a large earthquake, although new buildings are expected to remain standing during such events (City of Tustin General Plan, Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 1l Safety Element). With application of the provisions of Chapter 16A Division IV of the 1998 California Building Code and the Structural Engineers Association of California, ( SEAOC) guidelines, adequate structural protection in the event of an earthquake would be provided, thus reducing impacts from strong seismic ground shaking to a less than significant level. Since there is no development associated with the proposed project and future development projects would be subject to the California Building Code and the SEAOC guidelines, no impacts will occur as part of this project. iii. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. There is no development associated with the proposed project and future projects would be subject to the California Building Code and the SEAOC guidelines. Furthermore, a standard condition of approval requiring a soils report will be required prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of the proposed project. iv. Landslides. The First Street Specific Plan area is a level, flat site. There is no possibility that landslides could occur within the site. b) The City of Tustin is a co- permittee with Orange County in the NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, during construction of any future project, the applicant will be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment controls, tracking controls, wind erosion control, non - storm water management, and materials and water management. Future development projects would be subject to a standard condition of approval requiring BMPs as part of individual development plans may be required as part of the discretionary review process prior to issuance of a grading permit for any future project. Therefore, this project will not result in substantial soil erosion or the loss of topsoil. c) Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012- 001 are intended to implement a general update to the First Street Specific Plan. The proposed project is administrative in nature and would not affect or be subject to a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse. There are no hazardous materials proposed as part of this project. Each individual development project will be subject to review on a case -by -case basis for hazardous materials. Therefore, no impacts related to this issue will result from the proposed project, and no mitigation measures are required and the SEAOC guidelines. A soils report prepared by a certified soils engineer may be required as part of any project on a case -by -case basis. Since there is no development associated with the proposed project, no impacts will occur as part of this project. d) For the reasons discussed above, the proposed project would not affect or be subject to expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property. Future development projects would be subject to the California Building Code and the SEAOC guidelines. A soils report prepared by a certified soils engineer may be required as part of any project on a case -by -case basis. Since there is no development associated with the proposed project, no impacts will occur as part of this project. Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 12 e) The proposed project is administrative in nature and would not affect or be subject to soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water. Future development projects may be required to submit a site - specific geotechnical investigation for the site and preparation of a geologic and soils report prepared by a certified soils engineer. Since there is no development associated with the proposed project, no impacts will occur as part of this project. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin City Code, Grading Manual Seismic Hazard Zone Map February 27, 2008 Alquist- Priolo Earthquake Fault Zoning Map VII. GREENHOUSE GAS EMISSIONS Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) Because the proposed project is administrative in nature, no actual development is currently proposed. Future development projects may involve temporary increases in greenhouse gas emissions are likely to occur during construction which would be greater than those typically experienced in the existing neighborhood. New construction will be required to comply with the latest edition of applicable codes which include energy codes related to efficiency. However, impacts associated with any future project would be identified during the project review process and evaluated in conjunction with the applicable discretionary or building permit process that may be subject to separate CEQA review. Consequently, the proposed project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. b) Through the proposed amendment process, if approved, the project would be in compliance with the Tustin City Code and General Plan. There is no development associated with the Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001, and the proposed project does not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. MitigationlMonitoring Required No mitigation is required. Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 13 Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan Tustin Grading Manual CEQA Air Quality Handbook VIII. HAZARDS AND HAZARDOUS TMATERIALS Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) The project site is located within an urbanized area characterized by commercial and residential development. However, because the project is administrative in nature, no actual construction is proposed. Consequently, the project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Future development projects would be subject to State and local code requirements, including the Building Code, and reviewed on a case -by -case basis for hazardous materials issues to be resolved. b) For the reasons described above, the proposed project will not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Future development projects would be subject to State and local code requirements, including the Building Code, and reviewed on a case -by -case basis for hazardous materials issues to be resolved. c) The proposed project is administrative in nature; no actual development is proposed. Impacts associated with any future project would be identified and evaluated in conjunction with the applicable discretionary process that may be subject to State and local code requirements, including the Building Code, and reviewed on a case -by -case basis for hazardous materials issues to be resolved. It is possible that future projects would also be subject to separate CEQA review. Consequently, Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 will not cause hazardous emissions or the handing of hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school. d) Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature. No actual construction is proposed. Future development projects would be subject to State and local code requirements, including the Building Code, and reviewed on a case -by -case basis for resolution of hazardous materials conditions. It is possible that future projects would Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 14 also be subject to separate CEQA review. Consequently, the proposed project would not cause any development to be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 nor would it create a significant hazard to the public or the environment. e) According to the City's General Plan Circulation Element, John Wayne Airport is approximately five miles to the south by surface roadway. However, the First Street Specific Plan project area does not lie within any of John Wayne's safety zones or building height restriction areas. Therefore, new development will not be subject to review with the Airport Land Use Commission and no safety hazards are anticipated related to this issue. The proposed project area is not located nor is it within two miles of a public airport or public use airport. Therefore, the proposed project would not result in a safety hazard for people residing or working in the project area. f) The First Street Specific Plan area is not in the vicinity of a private airstrip, although the Los Angeles Basin and Orange County in particular are subject to flyover by private planes. However, since the project area is not within the vicinity of a private airstrip, the project would not result in a safety hazard for people residing or working in the project area. g) For the reasons stated previously, Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature and would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. h) The First Street Specific Plan area is not within a wildland area. For this and the reasons stated previously, the proposed project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Therefore, there are no impacts associated with this issue. Mitigatiom*lonitoring Required.- No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin General Plan John Wayne Airport Environs Land Use Plan Department of Toxic Substances Control — Hazardous Materials Sites I-Ittp.*//W ww,envirostor,dtsc caovfpublicl IX. HYDROLOGY AND WATER QUALITY Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 15 The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) The City of Tustin is a co- permittee with Orange County in the NPDES program, which is designed to reduce pollutants in storm water runoff. The proposed project does not include construction of new facilities. Future development projects would be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment controls, tracking controls, wind erosion control, non -storm water management, and materials and water management. By preparing a SWPPP for NPDES compliance in addition to the standard conditions of approval for water quality, any future project could potentially meet all applicable regulations to manage runoff from the project site. Pollutants in storm water would be substantially reduced by source control and treatment BMPs. In addition, the City of Tustin would review and approve a Water Quality Management Plan for any specific future project. Since there is no development proposed as part of this project, it would not violate any water quality standards or waste discharge requirements. b) Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature. No actual construction is proposed with this update. Impacts related to any future project would be identified and evaluated in conjunction with the applicable discretionary process that may be subject to separate CEQA review. Discretionary review of future projects would avoid any project related impacts that would otherwise substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted). Since no development is proposed as part of this project, no impact is anticipated at this time. c) No actual development is proposed. Impacts related to any future project would be identified and evaluated in conjunction with the applicable Building Codes or discretionary approval process that may be subject to separate CEQA review. Therefore, the project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site. d) No stream or river is in close proximity to the First Street Specific Plan area. No actual development is proposed. Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature. Impacts related to any future project would be identified and evaluated in conjunction with the applicable Building Codes or discretionary approval process that may be subject to separate CEQA review. In addition, any future applicant may be required, as part of the standard conditions of approval, to provide on -site hydrology and hydraulic calculations for the proposed development and hydraulic calculations for proposed connections to the existing storm drain system. However, this proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 16 of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on -or off -site. e) No actual development is proposed. Impacts related to any future project would be identified and evaluated in conjunction with the applicable Building Codes or discretionary approval process that may be subject to separate CEQA review. Future project compliance with the City's Grading Ordinance and the California Building Code would ensure that those projects are designed with adequate drainage improvements, erosion control measures, and pollution control plans. However, the proposed project is administrative in nature and would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. f) For the reasons stated previously, the proposed project is administrative in nature and would not otherwise substantially degrade water quality. g) For the reasons stated previously, the proposed project is administrative in nature and would not place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. Future development would be subject to construction restrictions related to the FEMA flood map adopted for the area at that time. h) For the reasons stated previously, Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature and would not place within a 100 -year flood hazard area structures that would impede or redirect flows. Future development would be subject to construction restrictions related to the FEMA flood map adopted for the area at that time. i) For the reasons stated previously, Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature and would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. Future development would be subject to construction restrictions related to the FEMA flood map adopted for the area at that time. j) The project area is not within proximity to any significant body of water and would not expected to be subject to seiche, tsunami, or mudflow. l titigation/Monitoring Required: No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan Tustin Grading Manual Flood Insurance Rate Map dated December 3, 2009 Tustin Guidelines for Preliminary WQMPs TCC Section 4900 et al. — Water Quality Control Attachment B Evaluation nf Environmental Impacts Specific Plan Amendment 20l2-0OluudGcoero|9(nu'4mcndnunt2O)2-8O| Page 17 X. LAND USE & PLANNING Specific Plan Amendment 20l2-U0| No. |4l4) and General Plan Amendment 2Ol2-OOl are intended to implement a osoeod update to the First Street Plan. General P|oo &nuudoemt 2012-001 nmn|d also incorporate minor text amendments requested by Orange Coou1y/kirpmfLund0xeConomnioaion,rcflect the (�ity`mouoentsphere of influence 'usapproved by the Orange County Local Agency Formation Commission, and include u new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall devc p��ti�oun�t���xedhvthe Fb�8��8p�i§cPlan or�v�����xedindm ' mn cause or create any direct environmental consequences that will not addressed tbnonb compliance with �a�'and local regulations and standards d/�would avoid the cn�1onof significant land use and planning impacts. a) The current First Street Plan boundaries divide mm established �community. District boundaries currently do not follow property lines, but cut properties, sometimes through existing structures built lawfully on the property. Proposed 8pco km 2012-001 and General Plan 2Ol2-0U| would correct this problem and proposes to reestablish dhe First Street Specific P|um boundary oothat it no longer physically divides the established community in the b) The City's General Plan indicates the following: Goal 2: Ensure that/�l�e land use uec��nm are the o�o�u/ sound and 8pccifioah\' 2./:(}xm�eru8 (�me/ml /Y^m emu� and �muo in the other Policy /Y/nx elements, in «vo/ouung proposed development projects for General Plan Policy 2.2: Maintain consistency bo/*«cm the l/mm� {Iu/ fDunx�� Zoning Ordinances, and other City unfinumsm. regulations and standards. Proposed 8ncodic P|uu Amendment 2012-011 and General E1om Amendment 2O|2-0O} are consistent with these goals and would not conflict with any applicable land use plan, policy, or regulation ofan agency with jurisdiction over tbe ' ' �cct<inc|udin�� but limited not limited 0n the general plan, specific plan, local coastal program, r zoning ordinance) adopted � �depu�oaeofuvnid�gorm uo*�vimnmm�|e��. ' d The First Street Specific Plan area isun urban environment that isful�mnmHvf��b��m� There iannc�ab�hrdhahhz�oonm�rvadon | nub�od ' ' ' / plan con�n�uudyconservation plan within the First Street Specific Plan area of the project ude. Consequently, the proposcd '�uiwould not conflict with any applicable habitat conservation plan or natural community ^o~ aecvutiou 11itigationlMonitoring Required.- No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan Tustin Zoning Map Attachment B Evaluation of Environmental Impacts Specific Plan Amendment J0|2-08l and General Plan Amendment 2Ol2-00l Page 18 X1. MINERAL RESOURCES Specific Plan Amendment 2012-OO/ No. l4|4\ and General Plan Amendment 2012-001 are intended to implement a general update to the First Street Plan. Gmcm Plan Amendment 2012-001 vvouk1 also incorporate rninortext un�mndmn ' requested by the (rung c County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and iou|odu anev General P|—' [und0ocMapvhichpromonCucxietiog general plan designations iuen updated fonnu1. The proposed project is administrative in nature and would not increase the overall development ��hd ���d�t�Bn���8p�ific P|����kmo��l��int� nor cause urcreate any direct environmental consequences that will not addressed tbrouuhcomnp|i m with state and local regulations and standards that would avoid the creation of significant land --- and planning impacts. a) According ho the City uf Tustin General Plan Cm Space/Recreations E�mm� (Figure CDS����a�� �w m�� �momrcm ' within [�d�wnuN�of value tothe 'mmand d`ercmidrnbof the mbte. & 8pecbioPlan ~Amondmnert 2012- 001 and General Plan Amendment 2012-001 are udnnhiauzdive in nature and no actual oonnbnchoo is proposed, it can be aemu with certainty that the proposed project and future development would not result in the |omm of availability of known nmine ~ cemnucue that would henfvalue to the region and the residents of the state. b) mining activities exist within the vicinity of the First Street cSpeci5uPlmarea. For this reason and the reasons discussed prcviuuyly, the proposed project is administrative in nature and would not result bm the loss of availability nfu locally-important mineral resource recovery site delineated onu local general plan, specific plan or other land use plan. jVitigafionlMonitoring Required: No mitigation is required. ,%nrcon First Street Specific Plan Tustin General Plan XIL NOISE Specific Plan Amendment 20|2-OO| No. |4l4\ and General Plan Amendment 20|2-U0| are intended to implement general update to the First Street Specific Plan. General Plan Amendment 2012-001 `moo|d also incorporate minor tend amendments requested by the ()range County Airport Land Use Commission, reflect the City's current sphere of influence as approved 6v the Orange County Local Agency Formation Commission, and include u new General Plan Land Use Map which presents existing general plan designations iouu updated format. The proposed project is administrative in nature and would not increase the overall ` development �mU c ���d� the Fi���8p�i§uP|�m������h�diot� area, nor occneu� any d�cctenvironmental consequences that will not addressed compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) Specific Plan Amendment 20}2-0Niand General Plan Amendment 20l2-00) are udmdisbativ - in nature. Nko actual oonm�uodouix . Future development 'co�`voo|dheauhi�t' Attachment B Evaluation ny Environmental Impacts Specific Plan Amendment 2O|2-O0( and General Plan Amendment 20l2-0O| Page 19 State and local uudm requirements, including the Building that vvook�pm�rotvre|bnhxde exposure of persons tnor of noise �ve|aiu - nf standards established in the ��y|���ac�io�e,or������of��a�nu�s. local 6) Specific Plan Amendment 20l2-00| and General Plan Amendment 20|2-0Oi are administrative in nature. NV actual construction ia proposed. Future development 'co�would benohi�thn 8b�cand |mcu code oqu inoku�iogthe |�uiNingCode that ' 'would prevent ore|in�e exposure ofp�smnstoorgenen�ionof excessive �nuodhornewibntionnr ground home �-''--noise 6 As stated previously, the proposed project is administrative in nature; oo actual coustructio � proposed. Future development projects `+nu|d be subject to State and local code requirements, iuc|ud�gdm0mdNingCode orudi - pmo�mmtha1mayho ���'^~^'~- ~~'~^'"^""� "pp'",o^ subject to separate [E(}A� nevie��that would pnn/ezdu substantial permanent process in ambient o-�--'evm|m in the p���v�io�����|s�i�nQw�md1� '��. - — -' d) As stated previously, the proposed project is administrative in uobuno; no actual construction is proposed. Future development projects would be subject to State and local code requirements, the Building Code oro discretionary approval process that may he subject to ~c'~~~ C£0A review that would prevent or mitigate u substantial temporary or '---ic i'~^~~~~ in ' ambient noise levels inthe project vicinity above levels existing without the project. e) The First Street Specific Plan project area is not located within two nmUcm of an airport or o private airstrip. No impact. 0 The First Sheet Specific Plan project umuiuuot|ooatedvvithiudhcvioinityofupdvateaiodrp No mitigation is Sources: Tustin City Code Pint Street Specific Plan Tustin General Plan John Wayne Airport Environs Land Use Plan X1H- POPULATION & HOUSING Specific Plan Amendment 20|2-DO| Nn l4}4) and General Plan Amendment 2012-001 are intended to implement u eenmod update to the First � Street n x x v �� - p -- . O�ux,u ~ Plan 2Ol2-U0| n�o|d also incorporate minor text amendments requested by �h� `^='s° Coun�\iq�odLundDac(onni�a��,' eot�b�City`ocuoontovhcneofioO--'-~~~~'r^~`^" bv the Orange County Local Agency Formation Commission, and include u new General Plan Land Use Map which presents existing general plan designations iuuo updated fhnno1. The proposed project is administrative in nature and would not increase the overall z----r'--- potential currently allowed by the First Street Specific Plan or previously ad|nvxl in the area, nor cause m create any direct environmental consequences that will not addressed throu�compUmme n/hb �a� and local regulations and standards that would avoid the on�duo of significant land use and planning imnpuct . ~ Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 20 a) Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature. No actual construction is proposed. The proposed project would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure). b) Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature. No actual construction is proposed. The existing First Street Specific Plan identifies large residential neighborhoods as nonconforming, and plans for their eventual replacement with commercial uses. The proposed project eliminates this nonconformity for most of the existing large residential projects, ensuring that the proposed project would not increase the overall displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. c) For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. Consequently, the proposed project would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. Mitigation/11lonitoring Required.• No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin General Plan Tustin City Code XIV. PUBLIC SERVICES Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 are administrative in nature. No actual construction is proposed. The proposed project would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services, including fire protection, police protection, schools, parks, other Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 21 public facilities. Future development in the area is required to pay School Impact fees as adopted by the Tustin Unified School District, and discretionary projects in the area would be noticed pursuant to state law. All other new development fees applicable to the project will also be required to be paid. The Orange County Fire Authority and Tustin Police Department provides fire and police protection services (respectively) to the City of Tustin and the First Street Specific Plan area and no change in this service is proposed or would occur through implementation of the proposed project. No impact. MitigatiomTfonitoring Required: No mitigation is required Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) As stated previously, the proposed project is administrative in nature; no actual construction is proposed. Future development projects would be subject to State and local code requirements, including the Building Code or a discretionary approval process that may be subject to separate CEQA review. Therefore, the proposed project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. b) For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. Consequently, the proposed project would not include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment. Mitigation/Monitoring Required- No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 22 XVI. TRANSPORTATION & CIRCULATION Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) As stated previously, the proposed project is administrative in nature; no actual construction is proposed. Future development projects would be subject to State and local code requirements, or a discretionary approval process that may be subject to separate CEQA review. Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 will not conflict with adopted plan, ordinance or policies programs supporting alternative transportation in that the new ordinance will provide clarity and better organization, supplements the Tustin Zoning Code and provides a list of updated uses that have previously been determined to be similar to previously permitted and conditionally permitted uses in the area. The proposed project is consistent with the City's Circulation Element which addresses the circulation improvements needed to provide adequate capacity for future land uses. The Element establishes a hierarchy of transportation routes with specific development standards. Future projects will be required to conform to the City's Circulation Element based on individual review and will not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit. b) As stated previously, the proposed project is administrative in nature; no actual construction is proposed. Future development projects would be subject to State and local code requirements, or a discretionary approval process that may be subject to separate CEQA review. The City has adopted a Congestion Management Program (CMP) to reduce traffic congestion and to provide a mechanism for coordinating land use development and transportation improvement decisions. Any future project will require review and conformance with the requirements of the Tustin General Plan and the CMP. Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 will not conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. c) For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. Consequently, the proposed project would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. No impact. Attachment B Evaluation of Environmental |npacts Specific Plan Amendment 20l2-00/ and General Plan Amendment 20(2-O0( Page 23 6\ For the reasons discussed previously, the proposed project is administrative in nature; noactual construction is proposed. Consequently, the proposed project would not iuonzme h�a�u�ennad�km��n�(��,n�mcmv�oc ocincompatible uses (e.g., farm equipment). e) The First Street Specific Plan area isa fully urbanized commercial corridor that includes ~ bksbec density residential developments. First Street is on arterial with two |unco in direction. First Street iu not proposed to be altered by the proposed project, so the project would notmcsubiuiuodequutennmog�ocyacccuu ' - D Specific Plan Amendment 2012-001 and General Plan Amendment 2012-001 are administrative in nature. No actual construction is proposed. Future devc|opnent ^ d '~es would be subject to State and |ouo] code requirements, including the Building Code, reviewed on u cooe'6v-oame basis for ccao|rdion of hazardous rnuteda|m conditions. It is possible that future projects would also be subject to separate CE()A review. Consequently, the proposed project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise dnoreumu the pmdonnaooe or safety of such facilities. jillitigationIMonitoringRequired.- No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan XVII. UTILITIES & SERVICE SYSTEMS Specific Plan Amendment 20|2-0O| No l4|4) and General Plan Amendment 20}2-00| are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012-001 would also incorporate minor text amendments requested by the ��� County /�irpo�Land Use Coo�oliumkn�,reflect the City's cunrntsphere of influence 'amapproved bv the Orange County Local Agency Formation Commission, and include u new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall potential currently allowed by the P�a Street Specific Plan orpnevk�uo|wuUovved in the development nor cause or create any direct environmental consequences that will not uddresoed ~ compliance with state and |ncui regulations and standards that would avoid the creation ofsignificant land use and planning impacts. a) For the reasons discussed previously, the mo��im�m���v �n��'oo coombnudon is The proposed project " actual proposed. pn/po project would not i000:uue the overall development potential ouonnt|v allowed by the First Street Specific P|uo or previously allowed in the ormu Consequently, the proposed project wwo|dn/t exceed wastewater treatment requirements ofthe applicable Regional Water Quality Control Board. b) Water and sewer services and other utilities are available to the site since the First Street ' ecdfic Plan project area im within uu urbanized area and has been ' developed. For reasons discussed previously, the pmoyomuo project is administrative in nature; no actual construction in Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 24 proposed. The proposed project would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area. Consequently, the proposed project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. c) Storm water and other utilities are available to the site since the First Street Specific Plan project area is within an urbanized area and has been previously developed. For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. The proposed project would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area. Consequently, the proposed project would not require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. d) Water and other utilities are available to the site since the First Street Specific Plan project area is within an urbanized area and has been previously developed. For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. In addition, the proposed project would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area. The proposed project would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area. Consequently, the proposed project would have sufficient water supplies available to serve the project from existing entitlements and resources, and no new or expanded entitlements are needed. e) Wastewater and other utilities are available to the site since the First Street Specific Plan project area is within an urbanized area and has been previously developed. For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. In addition, the proposed project would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area. Future development projects that would be required to comply with utility or service provider and City requirements identified through the applicable entitlement or permit process. The proposed project would not result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments. f) For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. In addition, the proposed project would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area. CR &R Waste Services provides solid waste collection and disposal services to the City of Tustin. Any solid waste generated by a future project would be diverted to a transfer station and then to the Bee Canyon/Bowerman Landfill located at 11002 Bee Canyon Access Road in Irvine. The project would be required to comply with local, state, and federal requirements for integrated waste management (i.e. recycling) and solid waste disposal. The project is anticipated to have no impact on landfill capacity. Future development within the First Street Specific Plan project area would continue to be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs. Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012 -001 and General Plan Amendment 2012 -001 Page 25 g) For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. Consequently, the proposed project would comply with federal, state, and local statutes and regulations related to solid waste. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin City Code Tustin General Plan Tustin Guidelines for Preliminary WQMPs XVIH. MANDATORY FINDINGS OF SIGNIFICANCE Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -001 are intended to implement a general update to the First Street Specific Plan. General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission, and include a new General Plan Land Use Map which presents existing general plan designations in an updated format. The proposed project is administrative in nature and would not increase the overall development potential currently allowed by the First Street Specific Plan or previously allowed in the area, nor cause or create any direct environmental consequences that will not addressed through compliance with state and local regulations and standards that would avoid the creation of significant land use and planning impacts. a) For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. Consequently, the proposed project would not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. b) For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. Consequently, the proposed project would not have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects). c) For the reasons discussed previously, the proposed project is administrative in nature; no actual construction is proposed. Consequently, the proposed project would not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Mitigation/MonitoringRequired: No mitigation is required. Sources: Field Verification First Street Specific Plan Tustin City Code Attachment B Evaluation of Environmental Impacts Specific Plan Amendment 2012-001 and General Plan Amendment 2012-001 Page 26 Tustin General Plan City of Tustin Historical Resources Survey ( 1990) Update to Tustin Historical Resources Survey (2003) City of Tustin Residential Design Guidelines — Cultural Resource District Secretary of the Interior's Standards for Historic Rehabilitation ,Lud lipc shtm Attachment 2 Resolution No. 12 -103 General Plan Amendment 2012-001 (Update of First Street Specific Plan and Other Minor Updates) RESOLUTI'O[j\1 I\]O. 12 -103 A PESOLUTIOuNl OF THE CITY COUNCIL OF THE CITY OF TUSTI�N ADOPTING GENERAL PLAN ANIENDMEN T 2012 -01 I�NCOl?POf`- � 7NG CHANGES TO THE GENERIAL PLAN ASSOCIATED VVI T H SPECIFIC PLAN AMENDMENT 2012 -001 (FIST STREET SPECIFIC PLAN) AND OTHER MINOR UPDATES. The City Council on= tho City of Tustin does hereby rosolve as follows: A. That Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012 -01 is a City- initiassd project intended to provida a general update of the First Street Specific Plan; 8. That the First STees Specific Plan �jaias adopted on December 2, 1235. Aj� goat time, the Fiat Street Specific Pian was envisioned as a 15 -year document. C. That property ojiners, real estate professionals, members of the Tustin Planning Commission, and staff have identified shat the First Street Specific Plan is outdated and in need of amendment. D. That on January 25, 2011 and March 22, 2011, the Tustin Planning Commission held public workshops to identify and discuss the strengths and weaknesses of the First Street Specific Plan, and to identify necessary revisions that should be considered. On September 15, 2011, Community Development Department staff held a Community Workshop with affected property o)xnem and other interested ;parties. On July 24, 2012, the draft Specific Plan Amendment was transmitted to the Tustin Planning Commission. On September 25, 2012, the Planning Commission held an additional public workshop where staff presented the proposed amendment of the First Street Specific Plan. E. That General Plan Amendment 201201 was prepared in support of the proposed amendment of the First Street Specific Plan. Proposed General Plan Amendment 2012 -01 would also Incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission and introduce a digital General Plan Land Use Map which presents existing general plan designations in an updated format. F. That a public hearing was duly called, noticed, and held for Specific Plan Amendment 2012 -001 (Ordinance No. 1414) and General Plan Amendment 2012- 01 on October 23, 2012, by the Tustin Planning Commission. At said meeting the Planning 'Commission adopted Resolution No. 4209, recommending that the City Council adopt Ordinance No. 1414 to approve Specific Plan Amendment 2012001; anal, approve General Plan Amendment 2012 -01. G. That a public hearing was duly called, noticed, and held for Specific Plan Amendment 2012001 (Ordinance no. 1414) and General Plan Amendment 2012- 01 on i\9oNjsmbsr 20, 2012 b she Tustin City Council. Resdution i\lo. 12 -103 GPA 2012 -01 ;Page 2 ��. That on 'i\1ovsmb .-r 20, 2012, the Tuadn City Council adopted Resolution'Nlo. 12- 106 approving the 'Negative DeclamtjOn anal lnisial Study prepared for Specific Plan Amendment 2012 -031 Ordinance Flo. 141A) and General Plan Amendment 2012 -01, to provide a general updase of the Furst Street Specific Plan. ll. The City Council hereby approves General -Man Amendment 2012 -31 attached harsto as Exhibit A. PASSED AND ADOPTED by true City Council of the City of Tustin, at a regular meeting on the 201h day of November, 2012. JOHN NIELSEN MAYOR ATTEST: PAMELA STOKER CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Pamela Stoker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do 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 Resolution �,Ic. 12 -103 was duly passed and adopted at an adjourned regular meeting of the Tustin City Council, Wd on the 20th day of November, 2012, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK Exhibit A General Plan Amendment 2012 -001 Attachment 1: First Street Specific Plan Related General Plan Text Amendments. Attachment 2: Airport Land Use Related General Plan Text Amendments. Attachment 3: General Plan Amendments Related to the Elimination of the Redevelopment Agency. Attachment 4: Sphere of Influence and First Street Specific Plan Related Map /Boundary Amendments. ATTACHMENT 1 First Street Specific Plan Related General Plan Text Amendments T'oln�cy 9.8. Encourage clustering of residential uses to minimize impacts from noise, flooding, slope instability and other environmental hazards. FI DIft y 9.9, Site buildings and align roadways to maximize public visual exposure to the north-south Teeters Canyon ridgeline, the redwood /cedar grove, -the knoll and major tree strands. DEVELOPMENT CHARACTER IN OLD TOWN/FIRST STREET AREA The development character of Old Town and the First Street area can be significantly enhanced by greater integration of residential Uses and thriving commercial uses and physical renovations to existing buildings and street frontages which promote a pedestrian orientation. GOAL 10: Improve and strengthen the Tustin Old Town/First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses. Policy 10.1: Improve the Old Town District's identity as the City's historical and architectural focus and its contribution to the City's economic base. Policy 10.2: Review and consider the possible development of residential uses in the Old Town area both as individual residential projects, and integrated above ground floor retail and office uses. Policy 10.3: Encourage outdoor pedestrian spaces, such as courtyards, arcades and open landscaped passages, to be integrated into new development, Encourage high - quality pedestrian - oriented building frontages which open onto these pedestrian spaces and public sidewalks. Policy 10.4: Develop and use signage to promote a district parking concept that emphasizes shared parking facilities. Promote improvements which will upgrade circulation and access in the Old Town District. CITY of TUSTIN LAND USE ELEMENT GENERAL PLAN 23 JUNE 17, 2008 Tuo qcy 1DZ. S-tLidy the potential expansion of -the Cultural Resources Overlay District north of First Street to Irvine Boulevard. Fullcy 1D.5. Encourage the integration of retail or service commercial mercial uses on the street level of office projects through flexibility in site development standards. F DBncy Encourage the consolidation of individual parcels/ consolidated site planning and parking and access along First Street an d in Old. Town through utilization of development incentives such as reduced parking, height bonLis, lot coverage relaxation, allowance for secondary Lases, fee waivers, and / or financial assistance in land acquisition and /or infrastructLire improvements. Falicy 1D.B. Encourage rehabilitation of existing facades and signage to comply with First Street Specific Flan guidelines and any future design guidelines for Old Town. Policy 10.9: ,.elated us Allow existing single family residential uses / structures listed within the City's official historic survey to be preserved and used as a residence, or preserved and used as a commercial use consistent with the City's Cultural District Residential Design Guidelines and the Secretary of Interiors Standards for Rehabilitation DEVELOPMENT CHARACTER IN THE PACIFIC CENTER EAST AREA The :future image of the pacific Center East area will consist of a more intensive and integrated business parts environment. The area 's distinct location adjacent to SR 55 creates a significant opportunity to capitalize on its freeway orientation to achieve regional recognition. GOAL 11: Provide for an integrated business park environment in the Pacific Center East Area which both capitalizes on market opportunities and is compatible with adjacent developed land uses. CITY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 24 JUNE 17, 2008 and now forms a portion of the City's eastern boundary. The Plan encompasses 1,746 acres. 'The entire Specific Plan area has been subdivided, with most of the total acreage currently developed. The overall land use concept of the Specific Plan provides for a planned community which is compatible with and complementary to the land use characteristics of the local area, and is also sensitive to environmental resources. A variety of uses are permitted in the Specific Plan including residential uses, commercial uses, and public uses. All development activities within this area of the City are subject to provisions of the East Tustin Specific Plan. A more lengthy discussion of the plan can be found in the ]Land Use Technical Memorandum. Fa�llk Centel Ease Sp,,e(ci is flan- The Pacific Center Fast Specific Plan covers a 126 acre currently underutilized commmercial /light industrial area located in the southern portion of the City lr=ediately adjacent the SR-55 freeway corridor. The overall concept for the Pacific Center East Plan is intended to provide for a planned business park which encourages a variety of office, commercial, light industrial and research and development uses. More intensive land uses of tap to twelve stories in height are to be concentrated at the southwesterly portion of the Plan area, with potential development intensity decreasing to one and two stories in height towards the north and northwesterly portion of the edges of the Plan area in pro=ximity to e=xisting residential land uses. All developme t activities within this area of the City are subject to provisions of the pacific Center East Specific Plan. A more lengthy discussion of the plan can be found in the Land Use Technical Memorandum. First Street Specific Plan: The First Street Specific Plan, z-ncompasses regulates a commercial corridor that extends approximately one mile along the First y_ Street commercial corridor fic'm central Tustin at Newport Avenue to the SIB -55 Costa Mesa) Freeway. This corridor varies in depth on either side of the street from as ,little as zero feet where it abuts the First Street right- of -way-g0 feet in what remain some old s ng e family residential lots, to almost a quarter mile along Newport Avenue where commercial centers are located on sites of have . ���. fated sites several acres. Vie- Although the First l�il1Y1 Vl Lt.tJ -vL Street Planning aArea is relatively small (approximately 8465 acres), it is significant in that it continues to serve as ^^„tea major entry into Tustin from the west and provides access to the Old Town Tustin historic district and the Civic Center (via Centennial Way). All CITY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 50 JUNE 17, 2008 ATTACHMENT 2 Airport Land Use Related General Plan Text Amendments CRII ME% AID ,:TEORCEMENT o Efforts have been :focused on beeping crime activity to a minimum. AIRCRAFT OVERFLIGHTS 0 The City lies under the Instrument Landis g System Corridor of John Wayne I,-,t^,.,-,.,t; Airport o The Planning Area sloes not lie within any of John Wayne Airport's safety zones, EMERGENCY PREPAREDNESS PLANNING/DISASTER RESPONSE The City's Emergency Operations Plan is a multihazard planning document which is in compliance pliance with State and Federal Emergency Planning Requirements. Training and exercises are periodically conducted to educate staff on -their emergency responsibilities and to assist in identifying procedures and functions which require further preparedness and training activities, CITY OF TUSTIN PUBLIC SAFETY ELEMENT GENERAL PLAN 6 JUNE 17, 2008 Stabilizing the .level of criminal activity in th, e community as growth occurs is very important in maintaining the overall quality of life in Tustin. This effort involves both law enforcement and citizen involvement to address crime problems. GOAL (6: Stabilize demand for law e D rcement se:rvice& Policy (6o10 Provide appropriate levels of police protection within the community. Policy 6.2: Periodically evaluate service levels and service criteria. Policy 6.3. Pursue State and :federal monies to offset the cost of providing police protection. Policy 6.4: Cooperate with the Orange County Sheriff's Department and surrounding police departments to provide back -up police assistance in emergency situations. Pointy &5S Promote the use of defensible space concepts (site and building lighting, visual observation on open spaces, secured areas, etc.) in, project design to enhance public safety. Policy 6.6: Enhance public awareness and participation in crime prevention by developing new, and expanding existing, educational programs dealing with personal safety awareness, such as neighborhood watch, commercial association programs, and community oriented policing. AIRCRAFT OVERFLIGHTS Air operations associated with John Wayne internati Airport represent a potential hazard for the community. The risk from this hazard can be minimized through proper planning of land use. CITY OF TUSTIN PUBLIC SAFETY ELEMENT GENERAL PLAN 12 JUNE 17, 2008 TABLE FS-3 JIYIEII3 E � SET'S VICES S AI\\J A-,, DS FIRE RESPONSE ]First Engine Company: 5 minutes to 90% of incidents EMERGENCY Ease Life Support Unit: 5 minutes to 90% of MEDICAL incidents Advance Life Support Unit: 10 minutes to 90% of incidents POLICE RESPONSE Emergency calls: 3.5 minutes Non- emergency calls; 15 minutes Another method that the City can use in the fight against crime is to ensure ghat new construction is designed in a way that discourages gang activity and other aggressive lawless behavior. Some examples of "protective architecture" or defensible space are well lit entryways, lack of convenient hiding places, entryways which are easily seen frorn the street, and other similar concepts. AIRCRAFT OVERFLIGHT HAZARDS Large parts of Tustin's residential areas lie under neath the flightpath of John Wayne airport. While the City's power to limit the operational activities of these facilities is extremely limited, the City can participate in land use control within the flight paths and the legislative process which regulates civilian and military air operations. This includes coordinating land use planning and emergency preparedness planning with the-Ceuntyls, Airport Land Use Commission for Orange Count,, and John Wayne Airport, Flight operations involving blimps may occur as an interim use at former MCAS Tustin. The MCAS Tustin Specific flan also allows heliports as a conditional use. These operations m -, amendment of The Airport Environs Land Use Plan (AELUP) for Heliports and the AELUP for John Wavne Airport should be consulted to address specific noise and safety factors associated with blimp and helicopter flights. CITY OF TUSTIN PUBLIC SAFETY ELEMENT GENERAL PLAN 25 JUNE 17, 2008 The City should ensure that wach applicant seeking a Conditional Use Permit or similar approval for the construction or operation of a heliport or helistop complies fully with the State permit procedure provided by law and with all conditions of approval imposed by the Federal Aviation Administration (FAA), by the Airport Land Use Commission for Orange County (ALUC ), and by Caltrans/ Division of Aeronautics. The City will comply with the AELUP for Heliports in the development and permitting of new heliports All development proposals affected by the airport land use commission consistency criteria are referred to the Airport sand Use Commission (ALUC ). The ALUC reviews areas within the 60 dB CNEL contour, areas within the Safety Compatibility Zones, areas with Building Height restrictions, or within specified distances from runway surfaces. As with most controversial safety related topics, -the involvement of citizens is of great importance. The City will encourage and notify residents of opportunities to become involved i airport related issues. AGENCY RESPONSIBILITIES AND COORDINATION The City contracts with the Orange County .Fire Authority for Fire and Paramedic Services. Other agencies which have jurisdiction or which provide public safety services within Tustin include the California Highway Patrol, and the Orange County Health Department. The City coordinates with ese agencies to provide the highest level of public safety services. The City will continue to work with these agencies to ensure adequate service. Plans for proposed developments, including City projects, will be sent to appropriate agencies for their review and comment. This will occur whether or not an environmental impact report is prepared. An integral part of -the updated Emergency Operations Plan will be the explanation of the appropriate responses and responsibilities of individual agencies and she interagency coordination required to implement emergency procedures. The Southern California Earthquake Preparedness Project (SCEPP) is a State and federally -f-u ded effort to encourage local jurisdictions to CITY OF TUSTIN PUBLIC SAFETY ELEMENT GENERAL PLAN 26 JUNE 17, 2008 provide public information identifying potential fire hazards in Tustin and preventative measures the public can take to minimize risks. 1 espDnsible ,agency. Community Development/ Public Works /Private development F- t=ffing Sourcce. City General Fund /Private development/ Orange County hire Authority Time Frame. Ongoing Related Public Safety Element Policies: 5.2, 5.4, 5.5 CRIMF,/LAW ENFORCEMENT 8. Law Enforcement: The City will increase crime fighting efforts, encou age increased citizen involvement in crime control, and require building design which discourages criminal behavior. The City's Security Ordinance will be periodically updated. .Responsible Agency. Police Department/ Community Development Funding Source: City !general Fund/ State and Federal Funding Time Frame: Ongoing Related Public Safety Element Policies: 6.1 -6.3, 6.5 AIRCRAFT OVERFLIGHT HAZARDS 9. Airport Land Use Commission (ALUC) Review. The City will refer all proposed General Plan, Specific Plans, Zoning Ordinance, and Building Code amendments, Spe^�F��e T'z4ans; and proposed structures which would penetrate the imaginary surface established by the ALUC Federal Aviation Administration (FAA) Federal Aviation Regulation (FAR) Part 77 to the ALUC for review. AIso, the City will provide notice to the ALUC and, per FAR Part 77, Section 7713(_a), to CITY OF TUSTIN PUBLIC SAFETY ELEMENT GENERAL PLAN 36 JUNE 17, 2008 the Federal Aviation Administration for any proposed structure more than 200 feet Above Ground Level of its site. Responsible Agency, Community lDeveloprnent Funding Source. City General Fund Time Frame. Ongoing Related Public Safety Element Policies: 7.1, 7.2 AGENCY RESPONSIBLE AND COORDINATION 10. Emergency Plan and Interagency Coordination: Promote public agency responsiveness to emergency situations -t h ought (a) periodic review and update of emergency plans and coordination with other jurisdictions in implementing those plans; (b) coordination with other jurisdictions in the collection., processing, and dissemination of technical information; (c) regular practice of the City's Emergency Operations Plan by city personnel in a simulated setting; (d) City employee training sessions in em, ergency response and management shills; (e) preparation of a recovery plan for reconstruction of essential services and facilities in the event of an emergency; (, development of needed resources and identification of available sources of funding for emergency response; (g) .maintenance of an emergency operation center in -she Civic Center; and (h) establishment and implementation of procedures for prioritizing services and assistance provided and requested by mutual aid organizations. Responsible Agency: All City Departments, Orange County Fire Authority Funding Source. City General Fund, State Funding, Federal Funding, Orange County Funding Time Frame. Ongoing Related Public Safety Element Policies: 3.2, 3.7, 3.8, 4.1, 4.2, 4.4, 4.9, 4.15, 5.1, 5.3, 5.6, 6.4, 7.2, 7.3, 8.1, 8.2, 8.4 CITY OF TUSTIN PUBLIC SAFETY ELEMENT GENERAL PLAN 37 JUNE 17, 2008 LandUse Policy Maps .................................................................... ............................... 29 Land Use Plan and Policy Considerations ............................... ............................... 29 Implications of the Land Use Plan ............................................ ............................... 44 Special Management Areas ........................................................ ............................... 49 ICity -Wide Urban Design ........................................................ ............................... 5857 ILand Use Element Implementation Program ......................... ............................... 5958 ZoningOrdinance ................................................................... ............................... 5958 Subdivision and Grading Regulations ................................. ............................... 6160 CodeEnforcement ................................................................... ............................... 6160 SpecificPlans ............................................................................ ............................... 626 Redevelept„ „t . ...... .................. ............................... ...........................626 Capital Improvement Program ............................................. ............................... 6362 FiscalStability .......................................................................... ............................... 6665 Cooperation With Other Governmental Agencies ............. ............................... 6867 MunicipalServices .................................................................. ............................... 6968 Environmental Compatibility ................................................ ............................... 6968 Rehabilitation........................................................................... ............................... 7069 Public Participation/ Information ......................................... ............................... 7069 CITY OF TUMN LAND USE ELEMENT GENERAL PLAN ii JUNE 17, 2008 Land Use Element policy calls for development and public facilities provision to be managed and balanced, so that -she City receives the benefits of growth without experiencing unnecessary negative impacts. Orange Co - Airport Environs Land Use Plan for Orange CountV The Airport Land Use Commission (ALIUC) for Grange County has responsibility under state law for formulating a comprehensive airport land use plan (ALUP ) for the anticipated growth of each public use airport and its surrounding vicinity. General Plans for cities affected by an ALUF must be consistent with that plan. The purpose of the ALUP is to safeguard the general 'welfare of the inhabitants within -the vicinity of airports and to ensure the continued operation of the airports. The Orange Co ALIIC for Orange County has adopted the Airport Environs Land Use Plan (AELUP) governing John Wayne Airport, AFRC Los Alamitos;--and Fullerton Airport, and Heliports. Three issues areas in the AELIUP are addressed in the City's General Plane noise, safety, and building height. The Noise and Safety Elements of the General Plan address noise and safety, while the Land Use Element addresses building height. RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS The Land Use Element is the key element of any General Plan because it has the broadest scope of the mandated elements rewired -in a General Plan. The Element must be prepared with -the full knowledge and consideration of the information/ policies contained in other General Plan Elements. Specifically, the Land Use Element relates to the Housing Element by defining the extent and density of future residential development in the City. The Land Use Element is also coordinated with the Open Space/ Conservation/ Recreation Element, in that open space resources are designated on the Land Use ]Flan Policy Map, and environmental factors are considered in the locati on of land use types. The Land Use Element relates to the Safety and Noise Elements by integrating their land use recommendations pertaining to public safety and noise constraints into detailed policies -which apply to specific geographic locations. The Circulation and Land Use Elements are interrelated in that specific land use decisions depend upon traffic routes and circulation patterns. Finally, the Land CITY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 4 JUNE 17, 2008 Fo1n�y 2.4. Encourage citizen participation in, planning and development of land use programs. FDH(cy Z5. Foster inter-governmental cooperation and coordination in order to maximize the effectiveness of land use policies. Policy 2,5. Maintain consistency with the Mtge Airport Environs ]Land Use Plan (AELUP) for John Wayne Airport in -terms of ma=ximum allowable building height, noise levels, safety areas, and other applicable standards. COMP A T itBLE AND COMPLEMENTARY DEVELOPMENT Intermixing of different land uses can result in incompatibilities attributable to differences in traffic levels, noise levels, physical scale, and hours of operations Incompatibility can also occur when -the characteristics of a specific land use do not match the physical characteristics of available land. (such as intensive development in hillside areas). GOAL 3: Ensure that rover development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints and the City's unique characteristics and resources. Policy 3.1. Coordinate and monitor the impact an, d intensity of land uses in adjacent jurisdictions on Tustin's transportation and circulation systems to provide for the efficient movement of people and goods with -the least interference. Policy 3.2. ]Locate major commercial uses in areas that are easily accessible to major transportation facilities. Policy 3.3: Allow develop en- clustering in hillside areas when this method will better preserve the natural terrain and open character of the City. Policy 30,�- In designing hillside development, give particular attention to ma=ximizing view opportunities, minimizing dangers of geologic and soil hazards, minimizing adverse visual impact on CITY of TUSTIN LAND USE ELEMENT GENERAL PLAN 15 JUNE 17, 2008 ATTACHMENT 3 General Plan Text Amendments Related to the Elimination of the Redevelopment Agency Po ilky 4.5. Maintain and enhance the quality of healthy residential neighborhoods, and safeguard neighborhoods from intrusion by non - conforming and disruptive uses. REVITALIZATION OF OLDER COMMERCIAL, INDUSTRIAL AND RESIDENTIAL USES AND PROPERTIES Devitalization of older residential and no - residential development through rehabilitation, preservation, and redevelopment of the existing stock of land, lan dscapi g, buiidings and public infrastructure is necessary to :maintain the duality of an urban environment. GOAL 5: Revitalize older commercial, industrial and residenilhi1 -rises and properties. Po_Ecry 5.a. Encourage and continue the use of redevelopment activities, including the provision of incentives for private development, joint public - private partnerships, and public improvements, in t e w� n Center-, S^outh/ Cez tf � 'z d aCAS'fustii=} Fede went pfo*e -area . Po1i,�cy 502: Provide development incentives to facilitate the consolidation of individual parcels along the City's commercial corridors. Policy 5.3. Encourage the rehabilitation of existing commercial facades and signage. Policy 5.4. Continue to provide rehabilitation assistance in targeted residential neighborhoods to eliminate code violations and enable the upgrading of residential properties. Policy 5.5: Encourage the restoration and rehabilitation of properties m Tustin eligible for inclusion on the National Register of Historic Places according to the rehabilitation guidelines an, d tax incentives of -the (National Trust for Historic Preservation. Policy 5.6: Promote vigorous enforcement of City codes, including building, zoning,, and health and safety, to promote building and CITY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 17 JUNE 17, 2008 Policy 70:10 Broaden the City's tax base by attracting businesses which will contribute to the City's econo is growth and employment opportunities while ensuring compatibility with other General Flan goals and policies. Policy 7a2o Capitalize on office and hotel markets through encouraging the development of these apses. Policy 7.3: Coordinate efforts between the City`s n^�^ri ^r Agency and Chamber of Commerce to actively market Tustin to prospective industries. Policy VA. Promote the maintenance, marketing and further development of the Tustin Market- Place and Tustin Auto Center as regional retail destinations. Policy 7.5o (a) Focus retail development into consolidated, economically viable and attractive centers of adequate size and scale which offer a variety of retail goods and amenities; (b) reinforce quality highway and scenic development adjacent to the City's major transportation corridors; and (c) discourage typical strip coin, mexcial development. .Policy 7.6: Promote ote marlke ling techniques for the continued development ent of Tustin Legacy (MCA5 Tustin) to civilian uses which will focus on the goals of the Specific Flan /Reuse Plan for the site, creating jobs and attracting viable businesses. DEVELOPMENT COORDINATED WITH PUBLIC FACILITIES AND SERVICES Adequate public facilities and services are essential components of urban development. The City must be able to expand its facilities and services to accommodate new development, as well as maintaining or im- oroving facility and service levels for existing development. Providers of services not controlled by City should be encouraged to plan to acco odate new development. CITY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 20 ,JUNE 17, 2008 I11111r,e Spe�C!11,c Ply . t�11y Visas To achieve General Plan goals and objectives, other portions off the planning area may be identified as Specific Plan study areas for specific plans. If specific plans are adopted in these areas, amendment- to the Special h/lanagement Areas Policy 1\/,Taps is of necessary. r .�. ' r- .. • _ ,- .� s \ / 1 r s North Tustin Area (outside of North Tustin Specific Plan) The unincorporated portion of the planning ing area is comprised of the North Tustin area. These areas are included in the City's planning area because they relate to the long range planning efforts undertaken by the City. The North Tustin area lies within the City's Sphere ere of CITY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 56 JUNE 17, 2008 3U :BDH`VZSJ0N AND GRADING REGU:L T 10_�JS 2. GT Icling anal Zmprovem (ent. Subdivision regulation is an exercise of the police power of a local jurisdiction to control the manner in which land is divided Lv glation controls -the safety and aesthetic components of preparing and -modifying landform to accommodate development. Like the Zoning Ordinance, -these regulations must be consistent with -the General Flan. The City's Subdivision, Grading and Public Improvement ordinances will be reviewed and where necessary amendments recommended to determine if it reflects policy expressed in the Land Use Ele ment. Responsible Agen�cy/-Deparetme nt, Community Development, Public Works/ Engineering Funding Source, City General ]Fund Time Frame: 1993 Related nand Use Element Policies: 3.3-3.6)18.3-8.8, 9.3 -9.9 CODE ENFORCEMENT S. Enforcement Program: Regulations within the City's Zoning Ordinance and other City ordinances must be enforced to be effective. The City has an active code enforcement program designed to achieve the desired level of regulation and expects to continue that program. Responsible Agency/Department: Community Development Funding Source, City General Fund, Redevelopment A e c, g 11 Eecleral and State Grants and Other Sources Time Frame: Ongoing Related Land Use Element Policies: 2.3, 4.4 -4.6, 5.4, 5.6 -5.8 CITY OF TUSTIN LAND USE ELEIY,[ENT GENERAL PLAN 61 JUNE 17, 2008 S:`! F (C]IFZC PHIJ-,�N5 ,�o Spe�6_fgc Plans: State law authorizes local jurisdictions to adopt specific plans for implementing their general plans in designated areas. The specific plan is intended to provide more precise descriptions of the types of uses permitted, development standards, and public infrastructure improvements for an area. They provide a mechanism for development of a unified design plan for public and /or private property within she plan area. Responsible Agency/DeparImern1: Community Development F-Lqnding: City /Property Owners /Federal and State Grants Time Frame, Ongoing Related Land Use Element Policies:l.4, 9.1- 9.9,1D.1- 1fJ.,1 "1,11. 5. Special Study Areas: Study and prepare plans and General Plan Amendments which will indicate desirable circulation and infrastructure systems and specific land uses desired within Special Study areas identified on the Land Use Plan. Responsible Agency/Department: Community Development Tending Source: City General Fund /Property Owners Time Frame: Ongoing Related Land Use Element Policies: REDEVELOPMENT •► M.Mummm r r. ft I mtFtr P. 019M CITY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 62 JUNE 17, 2008 NO -11 i i i • CAPITAL IMPROVEMENT PROGRAM 7. Overall Capital Improvement Program: The City's Capital Improvement Program (CIF) should be reviewed in gelation to the General Flan to ensure that plans for major expend, itures are consistent with goals, policies and recommended programs, and the improvements identified in the General Plans are included in the CIP. A finding of consistency with the General Plan roust be made for each capital project or expenditure approved. This finding should be included in any actions to approve a budget for a specific improvement, as well as approval of the CIF. Responsible Agency/Department: Community Development, Public Works/ Engineering Funding: City Capital Improvements, City General Fund,, Mater Fund, Redevelopment Agency, State and Federal , ants, and outside funding sources Time Frame: Ann, ual corn Unity facilities; 2) use of City identity graphics, street furniture, lighting and other improvements to enhance the walking and biking network; and 3) strengthening existing public places and creating new public places connected by the linkage network. C. Preservation and enhancement of historic resources including: 1) use of historic light standards where feasible in Old Town area; and 2) application, of the Cultural ][resources Overlay District to promote preservation and compatible development and use within the Old Town area. d. Establishment of common design :features for con, unercial areas including: 1) consolidation of properties and activities; 2) widening of sidewalks and consistent street plantings; 3) using site planning to minimize driveway openings on major s ri eets, and encourage shared access and circulation between adjacent developments; 4) locating buildings near the public sidewalk with parking to the side or rear of the building; 5) parking areas setback from public sidewalk with buildings or landscaped buffers in between; 6) integrating buildings and outdoor spaces to encourage pedestrian activity; 7) providing architecture, landscaping, and site planning that is complementary to surrounding development; 3) designing larger buildings in a manner that reduces their perceived height and bulk; 9) designing building for s and elevations that create interesting silhouettes, strong shade and shadow patter ns and architectural detail; and 10) integrating signage with site design, buildings, and landscaping. Responsible Agency/Department: Community Development Funding. City General Fund / Development Exactions/ Redevelopment A gene -, Water Fund /State and Federal Funds Time Frame: Ongoing Related Land Use Element Policies. 1.12,,3.8, 4.2 -4.3, 5.3, 5.5, 5.3, 6.1- 6.12 11. Beautification Program: Encourage organization and implementation of a city beautification program to assist residents CITY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 65 JUNE 17, 2008 and businesses to improve the physical appearance of their property and build greater pride in the community. , esponsible gen epars rnerst. Administration, Co , unity ]Development Department Funding Source­ General Fund, State and ]Federal funding sources Time Frame. On-going Related Land Use Element FD1 Gies: 5.3, 5.4, 5.5, 6.2, 6.5, 6.10, 10.3, 11.2 FHSCAL STABILITY N. Economic Development: Land use activities and development proposals generating long-term fiscal benefits to serve local and visitor needs will be targeted as desirable land uses to attract to the City. Responsible Agency/Department: City Manager/ Community Development Funding. City General Fund/ Business Community Redevelopment Agency Time Frame: Ongoing Related Land Use Element Policies: 1.2-1.3.11.6-1.8, 3.2, 7.2, 7.4 13. Business Attraction and Retentions. '.Develop and undertake an aggressive marketing effort to attract and retain busi, � ess in Tustin. Responsible Agency/Departmerst. Co, , murti ay Development, City Council, Administration, Finance Department Fending SD -, rrce. City General Fund, State and Federal funding sources Time Frarn e,13 93 CITY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 66 JUNE 17, 2008 Relzte� ipz)1k1es: 8.1, 8.3 MUNUC T FA1 d51ET -VK- E5 19. Leven o! S ervke: Establish standards for provisions of municipal services and attempt to maintain such level and / or duality of service -throughout -the City. Responsible Agency/Depaxt ; en�to All City Departments Funding Source: City General ]Fund Time Frame: Ongoing «1e� e Lan4 Luse TFlernent F olI1 1 e s : 8. 1,, 8. 2, 8. 4, 8. 5, 8.6 ENVIRONMENTAL COMPATIBILITY 0 20. Environmental Review: utilize the site plan and design review process and the California Environmental Quality Act, as applicable, in review of development projects to -minimize environmental impacts and promote high quality design and physical appearance, compatible and sensitive to the City's natural resources and availability of municipal services and facilities. Responsible Agency/Department: Cornmunity Development Department PLan�ling Soiircce: City General Fund / kedevele Agency/- Developers Time Frame. Ongoing Related Land Use Element Policies- 1.1, 3. , 3.6, 3.7, 4.1, 4.5, 8.1, 8.5, 8.6,9.5, 9.6, 9.7, 9.8 CITY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 69 JUNE 17, 2008 unemployment, limited slkills, and a breakdown inthe family as a social and economic unit. Additionally, cutbacks in social service progTams and the de- institaitionalization of the mentally lull during the 1980s have contributed to the homeless population. A new trend, however, is emerging as a significant contributing element to homelessness: a Mast - growing lack of affordable housing, which could exacerbate any of the above conditions, but may increasingly become a standalone cause of homelessness. Although there are no established areas where homeless persons congregate in the City, there are several homeless services facilities in the City. Of the shelters in Tustin, the 45 -bed Sheepfold shelter provides shelter, food, clothing, job training, and job- referral services primarily to battered women and children. Guests are admitted on a ffiTst -come, first - served basis. Usually all beds are fully occupied. The shelter services a large area including many portions of Orange and San Bernardino Counties. Within the City of Tustin, there are a variety of Non - profit Organizations (NPOs) that provide direct housing and related services to homeless persons. These include Village of Hope, an emergency/ transitional home; Sheepfold, a feeding program affiliated with the United Way; ]Families ]Forward, a homeless provider; Olive Crest, transitional homes and services for abused and neglected children, a and Laurel house, an emergency shelter and transitional housing provider for homeless youth in the City. Additional program will also be provided at the Tustin Legacy site. A homeless Assistance Plan has been established for NICAS, Tustin that is consistent with the con- 7 uum of care model embodied in the Consolidated Plans for the Cities of Tustin and neighboring Irvine. The fundamental components of the continuum of care system to be implemented with the JNICAS Tustin Specific Plan would: ° Provide emergency shelter beds and intake assessment ° Offer transitional housing and services ° Provide opportunities for permanent affordable housing by the private sector. In, Tustin Legacy, the t�eeal Redevelopment n City of Tustin owns sites and four homeless service providers including the Salvation Army, Orange Coast Interfaith Shelter, Families Forward, CITY OF 'TUS'THN HOUSING ELEMENT GENERAL PLAN 22 JUNE lax, 2009 Fourteen (14) new transitional units at Columbus Families Fa'Twarrll Grove to be operated by Families Forward, — formerly Irvine Tern orary Housing in Irvine. Humes Options Six (6) new transitional unite at Columbus Grove to be operated by human Options Orange Cast Interfaith Six (6) new transitional units at Columbus Grove Shelter to be operated by Orange Coast Interfaith Shelter. Although 'these units are located in the City of Irvine, these units were negotiated as part of the base realignment /conveyance process which Tustin is the Local Redevelopment Authori designated by the Department of Na!UAgexey. Source: City of Tustin, 2008 Additional discussion regarding ]brad use regulations that apply to facilities serving the homeless is found in -the Housing Constraints section of this document and in the Technical Memorandum. PRESERVATION OF UNITS AT RISK OF CONVERSION According to 2007 RHNA, Tustin has one project that contains units at risk of converting to unrestricted market rate dung the 2006 -2014 planning period. Tustin Gardens is a 1101 -unit Section 221(1©)(4) project with a Section 8 contract for 100 un its that is due to expire on July 13, 2009. Projects financed under the Section 221(1))(4) market rate program alone have no binding income use restrictions. Current provisions under the law allow for the existing project to opt out of contracts or for HUD to terminate ate such contracts. The project owners of Tustin Gardens have indicated that fey intend 'to continue or to accept the conversion of the project to individual Section 8 certificates (household by household income qualifying criteria). In addition to Tustin Gardens, there are at total of 177 units in three other bond financed projects (Rancho Alisal, Rancho Maderas, and Rancho Tierra) located in Tustin Ranch that are at rise of converting to market rate by 2012. Table H -9 is an inventory of all multi- family rental units assisted wader federal, state, and /or local programs, including HUD programs, state and local bond programs, Cites programs, and local in -lieu fee, inclusionary, density bonus, or direct assistance programs. The inventory includes all units that are eligible to convert to non -lower income housing uses dare to termination of subsidy contract, mortgage prepayment, or expiring use restrictions. CITY OF TUSTIN DOUSING ELEMENT GENERAL PLAN 2A JUNE 16, 2009 The anticipated timing of residential development of the MCAS- Tustin Specific Plana is as follows: TABLE 11 Anikipaled Develapmeirnl as iY,I'CAS- Ta,1slnn Lanal Uses Acreage Th mvih 2011 -2015 i1gross) 20io ]Low Density (1 -7 DU /acre) Planning Area 4 and 21 182.2 1,630 Medium Density (8 -15 DU /acre) Planning Area 5 51.7 1,396 116 Medium to High Density (16 -25 DU /acre' Planning Area 20 29.4 568 Community Core (16 --25 DU /acre) Planing Area 8,13, and 14 111.7 891 Transitional /Emergency /Social Services' 9.1 332 Total 384.1 4,017 116 icescue mission it)/- urui project, ou unit 'ttransi'Jional housing to be operated by various non - profits and 90 beds transitional housing to be operated by the County of Orange Social Services Agency. Notes: All figures are estimates as schedule will be impacted by market conditions. Figures in text are rounded for discussion purposes. Figures are based on estimated anticipated development indicated in the environmental document for MCAS Tustin Specific Plan. Actual construction figures may be different. Source: Final Joint EIS /EIR for the Disposal and Reuse of MCAS - Tustin, WAS Tustin Specific Plan/Reuse Plan and its Addendum (City of Tustin June 2007). Future marlket demand and the complexity and timing of environmental cleanup efforts are additional factors influencing the schedule of development. Other than the lIMCAS Tustin area, the Pacific Center past Specific Plan also provides another oppo�rtinil-y for residential development. Approximately 27 acres in size, the poten,tial project site provides for the development of mixed uses including residential developments. The specific density for this project site has not been determined; however, approximately 300 units could be accommodated within this project site. The remaining opportunity sites consist of a large proportion of small vacant and underutilized land that is located withi Redevelopment Project the City or Old Town residential CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAID 39 JUNE 16, 2009 detailed analysis of emergency shelters, transitionall, and supportive housing (See Technical Memorandum for further details) by identifying the needs for homeless shelters in its Housing Element and designating adequate zoning districts to accommodate the needs. In those districts, emergency shelters must be allowed without a conditional use permit or other discretionary permit. With the closure of the Marine Corps Air Station (MCAS) Tustin, the City was provided with opportunity to address homeless accommodation. As part of the conveyance process and under the Base Closure Community Redevelopment and homeless Assistance Act of 1994 (The "Redevelopment Act "), the City of Tustin as, the Local Redevelopment A (LRA) was required to consider -the interest of the homeless in buildings and property on the base in preparing the Reuse Plan (MCAS Tustin Specific Plan /Reuse Plan). In developing the Reuse Plan, one criteria the Secretary of Housing and Urban Development (HUD) utilized to determine -the adequacy of the Reuse Plan was whether the Plan considered the size and mature of the homeless population in the communities, in the vicinity of the installation, and availability of existing services in such communities unities to meet the needs of the homeless in such communities. At the time of the preparation of the Reuse Pllan, it was estimated that there was a total net homeless need of 411 persons in the City of Tustin and City of Irvine (A portion of the MCAS Tustin is located within the City of Irvine jurisdiction). A large portion of this homeless need was identified as necessary to support emergency transitional housing for youth and individuals. The local homeless need as described in both Tustin and Irvine's Consolidated Plans also indicated a gap in the continuum of care in the areas of vocational and job -training /educational opport:i , ties, some emergency and transitional housing units for individuals and fades, support services, and affordable ownership units. Accordingly, the Homeless Assistance Plan for MCAS Tustin was adopted to addresses the problem of homelessness by utilizing the continuum of care model promulgated by HUD for accommodating the needs of the homeless hi a spanner which is consistent with the Consolidated Plans approved for the cities of Tustin and Irvine. The fundamental components of the continuum of care system implemented with the MCAS Tustin Reuse Plan: ■ Provides emergency shelter beds; CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 43 JUNE 16, 2009 residential units at Tustin Legacy. In addition to -the homeless accommodation on -site at Tustin Legacy, the City also facilitated the purchase ase of a 16 unit transitional housing facility off -site for one of the homeless providers. The City subsidized the creation of these uunits lthrouagh -the use of housing set aside fends and Federal HUD Homeless Assistance funds. In addition to the homeless accommiodation, lu=he City also encourages support services to support the community of continuum of care model to end the cycle of homelessness and to provide participants with tools to once again become contributing members of the corr=u nity as follows: 0 Private sector opportunities are provided to create a balanced mix of housing types on the base. Through inclusionary Zoning standards in the MCAS Tustin Specific Plan, a total of 8797 affordable units or 20.8 percent of -total authorized units at Tustin Legacy are required to allow participants with opportunity to achieve self- sufficiency. Specific affordable housing requirements would be established at the time of development project approval to ensure conformity with the Housing Element of the City's general Plan An4—any YM ® The Davy will be transferring child care :facility at the former MCAS Tustin to the City of Tustin, which will provide opportunities for access for all to mainstream child care facilities, including early child care and education programs, Head Start, etc. • Adopt education and training opportunities win i be provided at the new site within the educational village proposed for conveyance to -the South Orange County Community College District. 7 Includes 32 transitional housing units set aside for non -profit homeless providers. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 45 JUNE 16, 2009 TABLE ; -11A SUMYYTAR�Y 071- 10.i\VEEZTESS A(CC01Y11-\/MDATJ0i`T Z01v1 NG REGULATIONS Permitted/ lI uusing'Type Camlilh nlally Zoning permitted Emergency Shelters Permitted Planning Area 3 of MCAS Tustin Specific Plan Transitional Home Permitted Planning Area 3 of MCAS Tustin Specific Plan Supportive housing Permitted Planning Areas 1 and 3 of MCAS Tustin Specific Plan Community Care Facility for six (6) or Permitted All residentially zoned fewer properties Family care home, foster home, or Permitted All residentially zoned roan p home for six (6) or fewerl properties I Includes congregate care facility, single room occupancy hotel, and children's intermediate care shelter Source: City of Tustin The following are transitional homes that have been provided at Tustin ]Legacy. o A 192 - unit8 emergency/ transitional home at the Village of Hope to be operated by the Orange County Rescue Mission. A 90-bed intermediate care shelter for abused children and their parents to be operated by the Orange County Social Services Agency. • Six (6) new units at TListin Field I operated by Salvation Army. • Acquisition of 16 units in Buena Park operated by the Salvation, Army. The City assisted in acquisition and contributed grant funds to acquire the units. Fourteen (14) new units at Columbus Grove operated by .Families Forward, formerly Irvine 'Temporary Housing.9 © Six (6) new units at Columbus Grove operated by Human Options. 8 As defined pursuant to the U.S. Census Bureau definition. 9 Although these units are located in the City of Irvine, these units were negotiated as part of the base realignment /conveyance process with Tustin as the Local Redevelopment Authori geney CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 48 JUNE 16, 2009 Six (6) new units at Columbus Grove operated by Grange Coast Interfaith, Shelter. With the exception of the emergency shelter, 'these units are transparent and dispersed throughout the community consistent with the City's goals and policies to provide adequate supply of housing to meet the need for a variety of housing types and the diverse socio - economic and to promote the dispersion and integration of housing for all socio- econon -dc throughout the community. The City's policies for homeless accommodation do not create constrai $25,586 per unit for rental housing prototype (See Appendix A for specific development processin, g fees and analysis). In response to recent economic downturn, the City Council also adopted an economic stimulus program which allows the payment ent of specific development fees for construction of new residential amts be deferred until either prior to final inspection or issuance of certificate of occupancy. This program would provide direct and indirect assistance to developer of residential units in that reduced on -hand cash flow were required at time of permit issuance. Buil� ling Ca&es anc1 Enforcement: The City of Tustin adopts -the UUridforrn Construction Codes, as required by State law, which establish minimum construction standards as applied to resident-1a]. buildings. The City's building codes are the r imum standards necessary to protect the public health, safety and welfare and ensure safe housing. Only local mod , ications to the codes are made which respond to local climatic or geographic conditions and clarify administrative procedures. Although not mandated to do so, the City has adopted the State Historical Code that relaxes building code requirements citywide for historic structures/ buildings. Adoption of codes reduces rehabilitation costs. Lo�ca1 Trocessing and Permit Procedures: The evaluation and review process required by City procedures contributes to the cost of housing. State law establishes maximum -time limits for project approvals and City policies provide for the minimum processing time necessary to comply with legal requirements and review procedures. The Community (Development Department serves as the coordinating agency to process developme nt applications for the approval of other in -house departments such as i'edevelepment Agency — Police, Public Works/ Engineering, and Parks and Recreation. All projects are processed through plan review in the order of submission. The City has eliminated the potential increase in financing costs caused by a delay in permit processing by assigning priority to the plan review and permit issuance for low - income housing projects. If a complete application is submitted, all Design Review Committee members and plan checking departments simultaneously review the plans. The Design Review application CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN so JUNE 16, 2009 does not require a public hearing or Flan ,g Commission approval. The Tustin Code authorizes the Community Development Director -to approve development plans when findings can be :made that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area. In making such findings, the /Zoning Code provides items to be considered such as height, bulk, setbacks, site planning, exterior materials and colors, relationship of the proposed structures with existing structures in the neighborhood, etc. This code provision affords the developers with tools to design their projects and thugs increase certainty of project 's design review and approval. Project application which complies plies with all the development standards prescribed by the district in which the project is located would not be required to go through any other discretionary approval. For Tustin Legacy, developments under -the faster Developer footprint (approximately 800 acres) would be subject to the ]Legacy Park Design Guidelines to ensure compatibility of products proposed by vertical builders. The design guidelines present =.2-,d=m design criteria for the achieve ment of functional, quality, and attractive development expected at -the Tustin ]Legacy. The guidelines are intended to complement the IVMCAS Tustin Specific ]flan district regulations and to provide staff, builders, design professionals, and other users with a concise document when dealing with Design Review process to avoid ambiguity. Together -the zoning code, Design Review provision, the Legacy Park Design Guidelines, and the "one-stop" processing system provide certainty to developer seeking approval for the develop ment of residential project. For projects of significant benefit to the low - income community, costs can be waived by the City Council or the use of edev,lop set - aside funds can reduce or eliminate these costs to the developer. Workload: Another governmental constraint is the number of staff and amount of staff time available for processing development projects. Since the workload is determined by outside and uncontrolled forces (economy and market for housing and availability of general fund revenue), a shortage of staff time may occur which could lead to increased processing -tmae for development projects. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 51 JUNE 16, 2009 Table 11-1 -13 illustrates Tustin °s progress in achieving RHNA construction needs since January 1, 2006 that can be credited toward the 2006 -2014 planning period. As of 2008, -the City has satisfied approximately 71 percent of its Very Low- income, 32 percent of Low- income, 47 percent of Moderate - income and 147 percent of Above Moderate - income RHNA Construction Needs. TABLE H -13 PROGRESS TOWARD RHNA CONSTRUCTION NEEDS 2006 -2014 CITY OF TUSTIN v inage of ±-iope 2 Orange County Social Services Agency - Tustin Family Campus Source: 2007 RHNA; City of Tustin, Redevelopment Agency (eliminated 2011) and Community Development Department. Housing Units Constructed Since January 1, 2006, a total of 1,176 units have been constructed. .Among the units constructed, 235 units were for Very -low income, 57 units were for Low-income and 60 units were for Moderate - income households. Almost all units except Arbor Walk development were constructed at the Tustin Legacy as follows: Arbor Walk (14552 Newport Avenue) Arbor Walk project is a 63 unit attached townhome project of which ten (10) units were set aside as affordable units (4 unit for Very Low - incoine households and 6 -snits for Moderate- °income households). The Tustin Community Redevelopment Agency (eliminated 2011) issued Roans totaling $2,119,960 to assist in creation of these affordable units. The majority of the units were completed in 2005; however, three (3) of the affordable units were completed in early 2006 and is included as part of -the current RHNA planning period. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 54 JUNE 16, 2009 RHNA Units Units Nei RHNA ffnri)me (Calegon y CunslTuction Constructed Appr©v2df ConslranctiDn Need 2006 -2008 Entitleu/Under Need 20a6�2014 ConstTurflon 20M -2914 Very -Low 237 43 (71%) 37 150 Extremely Low 225 1921 902 Low 410 57 32% 74 279 Moderate 468 60 (70% ) 161 247 Above Moderate 991 824 .136% 628 -461 Total 2,381 1,176 (91 %) 990 215 v inage of ±-iope 2 Orange County Social Services Agency - Tustin Family Campus Source: 2007 RHNA; City of Tustin, Redevelopment Agency (eliminated 2011) and Community Development Department. Housing Units Constructed Since January 1, 2006, a total of 1,176 units have been constructed. .Among the units constructed, 235 units were for Very -low income, 57 units were for Low-income and 60 units were for Moderate - income households. Almost all units except Arbor Walk development were constructed at the Tustin Legacy as follows: Arbor Walk (14552 Newport Avenue) Arbor Walk project is a 63 unit attached townhome project of which ten (10) units were set aside as affordable units (4 unit for Very Low - incoine households and 6 -snits for Moderate- °income households). The Tustin Community Redevelopment Agency (eliminated 2011) issued Roans totaling $2,119,960 to assist in creation of these affordable units. The majority of the units were completed in 2005; however, three (3) of the affordable units were completed in early 2006 and is included as part of -the current RHNA planning period. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 54 JUNE 16, 2009 Insured loan that covers housing for the frail elderly - those in need of supportive services. Nursing homes, assisted living facilities, and (board and came are all examples of -this type of housing (a project may include more than one type). Although no restricted units were required, (based upon the discussion with the developer, the units are designed and will be marketed competitively to allow for moderate income households to be able to rent the units. However, for RHNA purposes, only 4 of the 201 units are included as Moderate Income units. Table H -14 illustrates the residential develop ment potential of the vacant and underutilized land inventory in the City of Tustin. The Tustin Legacy site (formerly MCAS Tustin) presents the City with 389.2 acres suited for residential development that could accommodate an additional 4,049 un its. During the planning period, the majority of the anticipated units will be accommodated at Tustin Legacy and is being implemented through both the adoption of a Specific Plan by the City and the adoption of a Redevelopment Project Area. Lased on State (redevelopment Law at that time, and the propes e« Specific Plan requirements, at least 15 percent of the units (607 units) constructed at the MCAS Tustin site will be affordable to Very -Low, Low, and Moderate- income households, of which at least 6 percent or 243 units must be affordable to Very Low- income households. The remaining 364 units would be distributed among the Low and Moderate income households by utilizing RHNA Low and Moderate income percentages. In addition to these inclusionary obligations, the acreage and densities permitted by the MCAS -Tustin Reuse Plan would create 282 additional for Very Low - income households (192 transitional housing units and 90 social services housing units). Aside from MCAS Tustin, additional sites are located either within the Ci -AF-p-a. Siies that are located within the Redevelopment Projeet a-Tea subjea to Redevelopment Law as Well. As a means to ensure affordability and the use of housing set - aside funds, the City ads ede Agency-willmay require developers to provide at least 15 percent of all units constructed or rehabilitated at prices affordable to Very Low, Lave, and Moderate Income households consistent with �qiate Rec4evelepment Law eusig requi�me�ts. CITY OF TUSTIN HOUSING ELEMENT GED,TERAL FLAN 59 JUNE 16, 2009 The City's ncacv�,,r,- n,r,.,, , aggressively negotiates affordable housing units with individual potential project. An example of approved infill site is the development of a :fiery --four (54) unit affordable senior housing project on a 1.76 acre site. The project was granted a twenty -five (25) percent density (bonus above the City's maximum allowable density. In addition, the City entered into a Disposition and Developer Agreement with the developer to issue loans not to exceed $600,000. The loans are secured by loan agreements, promissory notes and steeds of trust, along with Regulatory Agreement and Declaration of Restrictive Covenants to be recorded aga. n st the property for a period of not less thane 55 years. The project is 100 percent affordable to very love and low income seniors. The remaining g capacity im Old Town Tustin will be achieved through recycling of underutilized and vacant infill sites (see Figure 1). According to the City's Land Use Element, the sites in Old Tows Tustin area are able to accommodate an overall population range for residential use of 2 -54 persons per acre". The land Use ]Element further identifies the potential development of dwelling units in the Old Town Commercial area, which will be facilitated by the proposed adoption of zoning regulations anal development standards which will allow Axed -use development (see Program 1.21 of Table H -22 Housing Element Programs). This development potential is supported by the market analysis of the Old Town area. To further create housing opportunities, the City provides the issuance of tax-exempt bonds for the development of affordable housing through a joint ]dowers Authority with the California Statewide Communities Development Authority. Other means would include the City's participation in the State and Federal programs such as the Low- Income Housing Revenue bond Financing program, ]Low Income Tax Credits, CHFA financiLng programs, and others. Additionally, a Density Bonus Ordinance is available and can be applied to infill sites to increase allowable density and fhe Tt,stZn City Coale also provides for a Planned Community District which See Table LU -3 - "Future Land Use Density/ Intensity and Popula Lion Capacity of the Land Use Plan" in the City of Tustin General Plan ]Land Use Element, January 16, 2001. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 60 JUNE 16, 2009 Figure 1 and Table H -15 detail the zoning desi ,n a Lions of vacant and underutilized land in Tustin. The vacant and underutilized land inventory includes land that is currently zoned medium- and high - density residential and land that could potentially be designated as high - density, residential. Realistic capacity of sites that are identified in Table H-15 are derived from past development proposals, historical character of the area, inquiries received by the Community Development Department and Redevelopment Agency, Disposition and Development Agreements between the City and developers, exclusive negotiations with potential developer(s) authorized by the City Council, maximum zoning and general plan densities, and eligible incentives to developers for provisions of affordable housing. Realistic capacity for sites identified to meet the City's share of regional housing needs either are determined based upon current zoning and general plan, executed Disposition and Development Agreement, and the City Council authorized exclusive negotiation with potential developer. The closure of MCAS Tustin provides the City with opportunity sites to meet the City's share of regional housing needs. The majority of the City's share of housing needs will be provided at the former MCAS Tustin (Tustin Legacy) project site which was park of the base closure realignment process. The Federal government provided the land to the City at no cost. The City subsequently will convey the land to developers for the development of the Tustin ]Legacy. Although no specific parcel numbers are available at the time of the preparation of this dousing ]Element, a Disposition and Development Agreement (DDA) has been executed with Master Developer identifying land use capacity for each of the neighlborhood. Furthermore, in the planning g the implementation of the DDA, the developer has submitted Concept .Plans and Tentative Tract baps to the City identifying proposed lots, gross acreage and number of units as follows: CITY of TUSTIN GENERAL PLAN 63 HOUSING ELEMENT JUNE 16, 2009 OUSEXPO iE I E MEN B L S AND 1 OI CHES This section of the Housing Element contains the goads and policies the City intends to implement to address a number of housing - related issues. To implement the Housing Element, the ;following sits major issue areas are identified with related goals and policies: 1) ensure that a broad range of housing types are provided to meet the needs of existing and future residents; 2) provide equal housing opportunities for all City residents; 3) ensure a reasonable balance between rental and owner occupied sousing; 4) preserve existing affordable housing; 5) promote conservation and rehabilitation of housing and neighborhood identity; and 6) ensure housing is sensitive to the existing natural and built environment. HOUKING SUPPLY/HOUSING OPPORTUNITIES Tustin is home to persons requiring a variety of housing options. At different stages in their lives, people require different housing arrangements. Additionally, the City must respond to the housing needs of all economic segments of the community and ensure that housing discri ation does not serve as a barrier. It is also important that the City maintain a balance of housing types and that the City's housing stock is not overly skewed towards the provision of one type of housing. Finally, the continuing need for affordable housing i 'the region requires the City to attempt to preserve Low- income housing units that are at risk of converting to other uses. The City used the following goals and policies to achieve the above objectives. GOAL 1: Provide an adequate supply of housing to meet the need for a variety of housing types and the diverse socio- economic needs of all community residents. Folky 101: Promote the construction of additional dwelling units to accommodate Tustin's share of regional housing needs identified by the Southern California Association of Governments (SCAG), in accordance with adopted land use policies. Policy 1.2- Apply available Tustin AgexF financial resources to meet the regaairements of any identified "Opportunity Sites' as part of the Tustin "Town Center- A CITY GP TUSTIN HOUSING ELEMENT GENERAL PLAN 71 JUNE 16, 2009 New Beginning°' comprehensive implementation study to respond to lRl- NA requirements. FDAicy 1.3e Exa e potential increases in, residential density as part of the "Town Center -A new Beginning" implementation study as it specifically impacts the Center City Study Area (a perti .n of iwhieh is within Town and Sout atral 1 \e4^AI.TY l.Zo Afeas) the Southern Gateway Study Area (a large portion of Nvhid ; %4thia the Seuffi Central Project Afea), and the West Village Area generally located west of the SR -55 Freeway between McFadden Avenue and -Main Street to assist the City in accommodating its housing needs. FDHi y 1 Aa Pursue smart growth principles by supporting the construction of higher density housing, affordable housing, and mixed use development (the vertical and horizontal integration of commercial and residential uses) in, proximity to transit, services, shopping, schools, senior centers and recreation gal facilities, where possible. Policy 105: Consider site scoring, income targeting, and other selection criteria for competitive funding sources for affordable housing, such as Low Income Housing Tax Credits, when allocating Agency resources for affordable housing to maximize leverage of local funds. Policy 1.6e Continue to am plement (best practices for developer selection, project underwriting and due diligence for affordable housing developments that receive financial and other assistance to ensure long-term viability of affordable housing and to ensure the maximized leverage of local resources. FDBcy 1.7o Preserve affordable housing units, where possible, through actions such as the maintenance of a mobile home park zone, restrictions on R -3 zone uses to preserve the multiple family residential characters, facilitate resident access to funding sources for preservation of low income and assisted housing. Policy 1.8m Promote the dispersion and integration of housing for low- and very -low income fan -dhes throughout -tine community as opposed to within any particular geographic area, neighborhood, or project. !CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 72 JUNE 16, 2009 Policy 109: Encourage the County of Orange to exercise its responsibilities for housing accommodations for low- and very --low income families within Tustin °s sphere of influence. Policy 1.10: Utilize the ' autherityvarious resources, where feasible, to assist in creating opportunities which will expand opportunities for development of affordable housing in the con=-unity. Policy 1.11: Allow second (attached detached) aunts in single- and multi-family districts consistent with the Tustin City Code. Policy 1.12. Utilize Planned Community Districts and Specific Plans to authorize and promote a variety of lot sizes and housing types. Policy 1.13: Promote cluster ho -using consistent with General Plan land use density standards to reduce the cost of housing construction. Policy 1o1e Encourage the availability of affordable housing for special needs households, including large, low - income families. Special needs households include the elderly, large families, :female - headed households, households with a disabled person, and the homeless (see discussion under Suini mary of Housing Needs for Special Needs Groups). Pa1ky 1.1S. Encourage incentives to assist in the preservation and development of affordable housing such as 1) reducing permit processing time and waiving or reducing applicable permit fees; 2) on -site density bonuses when appropriate; 3) tax - exempt financing including continuing to make use of the City °s membership in the California Statewide Communities Development Authority to provide opportunities for developer assistance in pre - development an development financing of affordable hous.mg programs; 4) 1 exibility in zoning or development standards; and S) other financial incentives using housing set -- aside funds and a variety of special State and Federal grant and housing programs. Policy 1.16: Use tax increment housing set - aside funds af the Sout k entY`l Town Center, MC n S Tustin Redevelopment o to CITE' OF TUSTIN HOUSING ELEMENT GENERAL DLA11,1 73 JUNE 16, 2009 policy 203: Support programs to match elderly and low and moderate- incorne individuals who want to share housing costs in a joint living arrangement. Policy 2.4. Support public and private efforts to eliminate all forms of discrimination in housing. Policy 2.3: Mini mize displacement of lower income and special needs households, whenever possible, to ensure that displacement is carried out in an equitable manner. GOAL 3: Incze i5e the percentage of ownership housing to ensure a reasonable balance of rental and owner - occupied housing within the City. Policy 30a: Encourage new housing construction for home- ownership in a mixtuare of price ranges. Policy 3.2. Exa e existing City and Agency home purchasing assistance programs for low- and moderate- incorne households, including down - payment assistance, - and mortgage revenue (bond financing, and recommend program modifications to ,, ake them more effective in the current housing market. Policy 3.3: Encourage rental unit conversion and alternative forms of homeownership, such as shared equity ownership and lip �ted equity cooperatives where feasible. Policy 3.4: Examine existing condominium ium conversion standards to promote renovation of existing units -through rental conversion. GOAL 4: Preserve the existing supply of affordable housing in the City. Policy 4.1: Continue to use Federal and State housing initiatives available for low - income households. Policy 4.2: Monitor all federal_, state and local funds availlable to preserve and /or replace lower income units at risk of converting to market rate housing, including tax credit bond _financing redevelopment t increment funds. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 75 JUINE 16, 2009 availability of government funds e local, County, State, and Federal. eveloprnent projects are subject to the interests of private developers. The construction of secondary -units depends upon the desires of the property owners as related to family needs for housing and economic resources. The achievements of the housing objectives are thus dependent upon the private sector and other governmental agencies. The responsibility of the City is to encourage the construction of affordable housing by providing programs and assistance to developers and to assist in its creation by facilitating the review and approval of development permits. Table H -17 provides new construction housing objectives for the period 2006 -2014. With the exception of the MCAS- Tustin, all sites identified in Table H -17 are privately owned. Units identified are broken down into various income limits in light of RHNA percentages ' PfOdHEfi emu' ents undet! the Redevelopmen Table H -13 discusses City's progress toward achieving RHNA quantified objective. based on units constructed, approved, or under construction, the City of Tustin has the following remaining units to achieve RHNA's construction objective: 150 Very ]Low Income, 279 Love Income and 247 Moderate Income units. The City will make its best efforts to accomnodate this objective by carrying out the following projects and /or programs: preservation Pursuant to Government Code Sections 65583.1(c), up to 25 percent of the louver income RHNA may be fulfilled with existing units when a.f fordability is achieved through: o Affordability covenants placed on previously non - affordable units; * Extension of affordability covenants on affordable Dousing projects identified as at risk of converting to market -rate housing; and o Acquisition/ rehabilitation and deed restriction of housing umts. With RHNA allocated 512 lower income units, the City may fu , ilI 230 lower income units (128 Very Low and 102 Low) through preservation of existing housing units. As identified in the preservation of Urdts At -risk for Conversions section of tDe Housing Element, there are a total of 277 units at rids for conversion during the planning period (100 units at Tustin Gardens and 177 units in the CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 80 JUNE 16, 2009 three projects owned by the Irvine Company: Rancho iyladeras, Rancho Ahsal; and rancho Tierra). The City, in anticipation of this opportunity, has programmed $2,181,572 of RDA housing set aside funds in the Agency's Comprehensive Affordable Housing Strategy's Six- Year Capital Ilan to negotiate the preservation of these units. The City Council in their capacity as the Redevelopment Agency ( AgenE�—"eliminated 2011) adopted the Comprehensive Affordable Mousing Strategy (CASE -IS) in June 2008 comimitting up to $2,181,672 of Agency Housing Set -Aside funds for -the preservation efforts of these at-risk units. As presented in Table iE- ITM -35 of the Mousing Element Technical TVIemorandum, the City has fulfilled a portion of its regional share for very low and low income households (472 and 192 units respectively) during the prior planning period, rendering the City eligible to utilize the alternative site program. The Cif is in contact with both owners regularly and has expressed interest in ensuring the continuation of these affordable units. The City is also in contact with residents of the projects to allow for active public participation with current residents to ensure continued affordability. Tustin Gardens maintains a Section 8 contract for rental assistance. They are currently approved through July 13, 2009 with a HUD - requirement that they provide a one -year notice to terminate their current Section 8 contract. The earliest date affordability restrictions can expire is July 2010. The city will make every effort to assist the owner obtain an extension of the I-IUD Section 8 contract. If that is not possible, and additional incentives are needed, the City has estimated the total cost of completely subsidizing rents in Tustin Gardens is $48,900 per month, and $586,800 annually. Considering the earliest possible scenario of affordability restrictions expiring July 2010, the total cost of subsidizing Tustin Gardens for the term of the Housing Element, July 2010 to June 2014, would be $2,347,200. Rancho Maderas, Rancho Alisal and Rancho Tierra are California Statewide Communities Development Authority bond- funded projects with affordability restrictions expiring Nlay 25, 2012. Beginning June 2012, the estimate for subsidizing rents at Rancho Maderas, Rancho Alisal, and Rancho Tierra is $61,671 per month, and $740,052 annually. The total cost of subsidizing rents for twenty -five months, June 2012 to June 2014, would be $1,541,775. The total cost for subsidizing rents at all four at -risk projects would be $3,888,975. The following tables illustrate the rewired subsidies for At- R.1sls projects. CITY OF TUSTIN HOUSING ;ELEMENT GENERAL FLAN 81 JUNE 16, 2009 In order to fund the difference between the potential affordability gap of $3,888,975 identified in the above Tables, "Required Subsidies for At-Risk Projects" and the potential $2,181,672 in Redevelopment funds programmed in the Agency's (eliminated 2011) Comprehensive Affordable Mousing Strategy, the City analyzed the four at -risk projects and believes Tustin Gardens is -the most viable project to receive 4% Tax Credit, Tax - Exempt Bond funding. Tustin Gardens is a 1100% affordable, very -low income Senior project. The City would work with the current owner to establish a non- profit affordable housing entity to apply for a projected $3,185,937 in 4% Tax Credit, Tax - Exempt Bond funding for the acquisition and rehabilitation of Tustin Gardens. The City's pro forma analysis indicates the potential affordability gap of $2,347,200 would be eliminated and City subsidies would not be requi-ed. The City would commit $1,541,775 to find the potential affordability gap at Rancho Maderas, Rancho Aiisal and Rancho Tierra. This would leave a (balance of $639,897 in , which ould be available if needed. Although the City projects adequate funding to preserve the 230 at -risk units, the City will pursue all other funding sources to augment funding already set aside for these affordable housing projects. The back -up documentation for this analysis includes the following: 1) Gap Analysis for the 230 Units; 2) Tustin Community Redevelopment Agency (eliminated 2011) Pro Forma Analysis; and 3) Comparable Sales Analysis for Determination of Tax Credit /bond. ]Financing of Tustin Gardens can be found in Appendix E of the Technical Memorandum. Another way rent subsidies could be structured is as a rent buy - down. This would involve the Agency providing a one -time assistance loan to the property owner to cover the present value of the decrease in rents associated with the extended affordability term compared with market rents achievable on the u , ts. This approach offers a benefit to the owner in that they receive cash upfront from the loan. The disincentive is that the use of housing set -aside funds for the rent buy -down necessitates a 55 -year affordability covenant on the units. While this large up -front commitment on (behalf of the Agency is probably not viable at this time, the City will explore other funding sources to assist with this option. Program 4.6 provides for City's commitment in preserving assisted housing at --risk for conversion to market rate. Pursuant to Government Code Section 65583.1(c), the City will work with the appropriate owners to enter into legally enforceable agreements no CITY OF TUSTIN DOUSING ELEMENT GENERAL PLAN 83 JUNE 16, 2009 later than July 1, 2010, and will report on its progress in preserving these units -through -the annual progress report required pursuant to Government Code 65400. Should the City not enter into a legally enforceable agreement by July 1, 2011, the City will recommend an amendment to the Housing Element within a one -year timeframe, identifying additional sites needed to accommodate the number of affordable units not preserved by enforceable agreements. While the Comprehensive Affordable Housing Strategy identified $2,181,672 nn Redevelopment funds for the period of July 1, 2008 through June 30, 2014, in 2011, the Redevelopment Agency ceased to exist. —the expenditure of T Y funds nds fo the preservation of of l+ nits � ,ill require City ro neil approval en an annual basis as art e f the Annual Budget appreval pr-eeess-. New Construction: Tustin Legoey Master Developer .Footprint (Neighborl1oorls D nn, d C) As mentioned throughout -the Housing Element, the closure of the MCAS Tustin provides the City with opportunity to create affordable units to accommodate the needs of the residents. The City in 2001 adopted the MCAS Tustin Specific flan and in 2003 designated the MCAS Tustin as a Redevelopment Project area and adopted the MCAS Tustin Redevelopment Plan (eliminated 2011J. As part of the adopted Specific Plan, a total of 4,210 housing units were authorized and to date 2,105 units have been approved and either constructed or undergoing construction. The remaining 2,105 units are under the Master Developer footprint �(a Master Developer was selected by the City Council to be responsible for the remaining development of Tustin Legacy, ensuring it is consistent and cohesive). Although actual entitlement for the construction of the remaining units have not been granted13, the City however has entered into a Disposition and Development Agreement with -the Master Developer and initiated planning for development of -the remaining 2,105 housing units. These unitts will comprise of 126 Very Low Income units, 95 Low Income units, 232 Moderate Income units, and 1,652 Upper Income units. The Developer will be providing the affordable units as a land write down to their purchase of the property from the City (the original owners of the land), with the Redevelopment Agency reimbursing the City for the Agency's obligations to provide the affordable units. The following table demonstrates the average 13 Tustin Legacy Community Partners (Mater Developer' has submitted concept plans and tentative tract maps for the developments within Neighborhoods D and G. However, no entitlements have been granted at the time the housing element was being prepared. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 84 JUNE 16, 2009 affordable purchase price and average promissory note for units developed at Tustin ]Legacy between 2007 and 2008. As income eligibility levels change on an annual basis and ousing market process adjust, the average affordability gap may vary over time. The average promissory note is the City's contribution towards establishing affordability (gap financing between the fair market price and the affordable purchase price which the Agency will assume based on a cooperative agreement between the City and Agency). All units have terms of affordability not to exceed 45 years. 20,07 -2008 Average Inro, me LeveIl 2007 -2COO Average Affcir dable 2007 -2008 Average Fair Market Price Purchase Firiee Promissory Note Very Low $482,792 $69,689 $413,103 Low $488,157 $126,375 $361,783 Moderate $539,692 $276,317 $263,285 The development of Tustin Legacy is anticipated to occur during the Housing Element planning period. During the preparation of this housing element, the Tustin Legacy Community Partners (Mater Developer) has subnnitted concept plans and tentative tract maps for the developments within Neighborhoods D and C. Affordable units are expected to be provided concurrently with the development of market rate unfits. Center Cihj (Sixth and B ,Streets) Opportunity Site The Sixth and "B" Streets opportunity site consists of approximately 8.4 acres within the Center City project area. Approximately 4.2 acres will be set aside for residential uses for up to 126 units. This project site is part of the "Town Center -A new Begtru g" implementation study to revitalize the City's older neighborhood (see Program 1.21). New 07,mer Housing A total of 79 units are anticipated dung the Housing Element planning period through the following programs: o Ownership Multi - Family New Construction. ]Eighteen (13) units are anticipated during the planning period. The [redevelopment Agency eliminated 2011) has included $4,353,343 of housing set aside funds in its Comprehensive Affordable Housing Strategy Six-year Capital Plana to acconnmodate this program. Of the eighteen (18) units, seven (7) un, its -would be set aside for Very Low Income households CITY OF TUSTIN HOUSING ELEMENT GENERAI. PLAN 85 JUNE 16, 2009 and eleven (112) units would be set aside for Low Income households. Multi- Family Mental New Construction /Acquisition and Rehabilitation. Thirty one (31) Low Income units are anticipated and $4,363,343 has been set aside in the Agency's Comprehensive Affordable Housing Strategy Six -Year Capital Plan, to accomplish this goal. The estimated subsidy is based on leveraging 4% Low Income Housing Tax Credits with Tax - Exempt Bonds. o First -time Homebuyer and/or Foreclosure Negotiated Purchase. Five (5 ) Very Low Income, ten (10) Low Income, and fifteen (715) Moderate Income units are anticipated -through this program. To accomplish this goal, $2,400,000 of housing set aside funds estimated subsidies have been included in the Redevelopment Agency's (eliminated 2011) Comprehensive Affordable Housing Strategy Agency Six - year Capital Plan. New Rental H, ozising Pacific Center East (Trillium West) The Trillium West project consists of approximately 27 acres site located within -the Pacific Center East Specific Plan. Opus Nest Corporation has submitted a draft project description indicating -their iterest in developing this site. The project would acco mmodate a development with a mix of uses including office, commercial, retail, hotel, and residential uses. Approximately 300 new rental units would be provided at this project site. Other New Constnictaon Units The remaining new construction obligation of 18 units will be :fulfilled through Granny Flats, Second Unit, and Recycling of single family uses in Multi- family zoned lots ,programs. Based upon recent development proposals, the City has observed increased interest in the development of granny flats, second units and addition of units within multiple family dwelling properties occupied by single family dwelling. The cost to construct these units would be borne by property owner. However, the City would facilitate the development process. In addition, based upon past development trends (Tustin Grove and Ambrose Lane) that utilized Planned Community Districts to allovv CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 86 JUNE 16, 2009 for higher densities, the actual number of Ctrs created could be higher gran identified. The City will strive to ensure that newly constructed a rdts are developed at sufficient densities to assist iLn fulfillment of low and very low income needs by employing incluasionary zoning for those sites located -within former redevelopment project areas, mixed use zoning in Old Town Tustin, density bonuses particularly in mill sues 'to allow for increase densities to accommodate affordable housing developments, and Fl armed Community Districts to allow for flexibility in development standards. - TABLE 11- 17 INEW CONSTRUCTION QUANTIFIED O F3JECTE VES S37MIYIAR Y CITY OF TUSTIN 2006-2014 -- -- — Extremely — - Program TuTzl -3) ©f Units Low and Low i" ar-leTat? Upper Very Low 4 Q <O%o) Qr30- 120` %o) 112ID 'Yo ) Neighborhood D 891 (<50`/o) NEW CONSTRUCTION MCAS Tustin Housing Unitsl Neighborhood D 891 53 53 90 695 Neighborhood G 1,214 73 42 142 957 Units Constructed 2 1176 2355 57 60 824 Units Approved /Under Construction 2 990 1276 74 161 628 Freservation3 230 128 102 Gra= Flats 5 5 New Owner Housing 79 64 15 Second Unit 5 5 Recycling of SF uses to MFD in R -3 district 8 8 Total Quantified Objectives 4,598 616 410 458 3104 RHNA 2381 512 410 453 931 Difference 1 2,217 104 0 0 2,113 lviuAb 1"usun Specrrac man autnonzea a total 4,U49 potential units at 'Tustin Legacy. based upon .. 4 Taw and the prepesed Specific Plan requirement, at least 15 percent of the total units (607 units) would be affordable to Very -Low, Low, and Moderate income households, of which at least 6 percent or 243 units would be affordable to Very Low income households. A total of 296 affordable inclusionary units were included in the authorized total number of units to be developed at Tustin Legacy. Of the 4,049 units, 2,105 units have been entitled and currently either completed or undergoing construction. A total of 2,105 units are planned within Neighborhood D and G. 2 See Table H -13 and associated discussion for project details. 3 Pursuant to State Law, up to 25 percent of the lower income RHNA may be fulfilled with existing housing units. Although a total of 145 Very Low and 132 Low Income units are planned for preservation, only 128 Very Low and 102 Low Income units are eligible for credits toward RHNA.4 Pursuant to Government Code Section 65583(a)(1), City's share of extremely -low income units is 225 (44 percent of the RHNA Very Low income households new construction objective). Total number of units for extremely -low income and low income units equals to City's share of vey -low income units of 512 units 5 Includes 192 Extremely Low Income units (Village of Hope) 6 Includes 90 Extremely Low income units (Orange County Social Services -Tustin Family Campus) Source: 2007 RHNA; City of Tustin; MCAS Tustin Specific Plan. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 87 JUNE 16, 2009 'TABLE ''1-I -18 REHABILITATION, PRESERVATION, AND OTHER AFFORDABLE 12CUSHNG (C)UANTIFHED OBJECTIVES SUIMM, RY CITY OF TUSTEN 2006 -2014 Program Category Total I Very Low Lover I Moderate I Upper of Unils I L<50%) ATION Single and Multi- Family Rehab 100 100 10 15 Single Family 54 32 16 6 Multi- Family 108 21 21 66 _ Multi- Family Rental Acquisition /Rehab /Conversion /Resale 31 13 31 Total Rehabilitation 193 53 68 72 PRItSFRVATION Tustin Gardens 100 100 10 15 Rancho Alisal 72 18 54 _ Rancho Maderas 54 14 40 _ Rancho Tierra 51 13 38 Total Preservation 277 145 132 MHRR E.11WI� T2 ATVi 1st Time Homelbuyer and /or Foreclosure Negotiated Purchase 30 5 10 15 Section 8 Rental Voucher Assistance 1,500 1,500 Shared Housing Referrals 75 50 25 _ Housing Partnership Pro ram 242 242 _Homeless Emergency Shelter 282 1 282 Total Other Pro arcs 2,12-9 1 2,079 1 35 15 Source: Effectiveness of Housing Programs 1998 -2008, City of Tustin; Five Year Impiemenfation Plan for the Town Canter and South Central Redevelopment Project Areas (eliminated 2011) for Fiscal Years 2005 -06 to 2009 -10; Comprehensive Housing Affordability Strategy for Fiscal Years 2008 -18. Sum=try a Quantified Objectives Table H-19 summarizes the City's Quantified Objectives for the 2006 - 2014 period, based on the requirements of AB 2634, statute of 2006 (Government Code Section 65583(a)(1)), each jurisdiction must address the projected need of Extremely Low-Income households, defined as households earning less than 30 percent of the Area Median Income (AMI). The projected Extremely -Love Income need is assumed to be 44 percent of the Low Income need, or 225 units based upon the percentage of e tremely -love income households contained in the regional housing needs assessment determined by SLAG using census data as the baseline, CITY OF TUSTIN HOUSING ELEMENT GENERAL ]PLAN 89 JUNE 16, 2009 TABLE 11 -19 SUM MAZY OF QUANTlFIE19 OBJECCT1VE6 07Y OF TUSTli�1 2DD6_2D144 Income Gimup [311 iNe -r Czms1rurlion ]Pehabiln4alion/ Pre5ei°7atrnan Olher Frm�zr�mn� Very Low 257 334 - 70 2,079 Extrernely_Low 2251 2822 Low 410 410 982 35 Moderate 468 468 72 15 Above Moderate 991 3,104 0 -- Total 2,381 4,598 i Pursuant to Government Code Section 65583(a)(1). Citv's share 240 2,129 of extremelv -love income units is 225 ( 44 percent of the total Very Low Income new construction objective). Total number of units for extremely -low income and low income units equals to City's share of vey low income units of 512 units 2 Includes 192 units at Village of Hope and 90 units at Orange County Social Services - Tustin Family Campus Source: 2007 RHNA, SLAG IDENTITHCATION OF AFFORDABLE HOUSING RESOURCES The City has prepared a Consolidated Plan and Comprehensive Housing Affordability Strategy identifying and describing all funding program available to the City and Tus-dn Redevelopment Agency (eliminated 2011) to assist in meeting the City's housing needs. Included in the plan are descriptions of a wide variety of major housing assistance programs available from federal and state agencies and private lending institutions. More specific information including details regarding eligible projects and activities and funding availability can be found in the document. The following is a summary of this information along with updates to reflect new state and federal program. Table H -20 provides an illustrative example of the estimated amount of locally idont-Ified resources that could be available to finance housing program objectives on an annual basis over the remaining six-year planning period. The amounts shown are estimates; actual revenue amounts and the timing of their availability could be more or less and would adjust over time. Specific decisions are made on an annual basis as part of the City and Redevelopment AgeRE budget process. CITY OF TUSTIN MOUSING ELEMENT GENERAL PLAN 90 JUNE 16, 2009 The key source of local funding for affordable housing development and preservation in Tustin is 'the Tustin Comm- unity ][redevelop ment Agency's (ehmhiated 20il) Low and Moderate Income Housing Fund, also known as the 20 Percent Set -Aside ]Fund. The estimated fund balance in the Agency's ]Low and Moderate Income Mousing ]Fund as of June 30, 2007 was $17.86 million. Appendix C of the Housing ]Element provides a Summary of Six Year Capital Ilan Coals in which a set amount of allocations are earmarked for specific programs. The programs and assistance goals are listed in Table 1 of the Affordable Capital Plan attached hereto as Appendix C. The programs included are as follows: o Preservation of At -Risk Affordable Housing Rental Units The City of Tustin has identified the preservation of existing affordable housing units as one of the most cost - effective methods of maintaining the stock of affordable housing therefore a high - priority program for the City. The City has identified 277 units of at -risk housing with expiriaig use restrictions within the six -year planning period, including 145 units of very low income housing and 132 units of low income housing. The amount of assistance provided will be negotiated based on the specific economics of each development and the potential availability of leverage financing, such as tax - exempt bonds and 4% tax credits. The total amount of funds allocated to this program is $2,181,672. • Single- and Multi - Family Home Rehabilitation Program The City has identified single- and multifamily home rehabilitation loans and grants as another cost - effective method of extending the life of affordable housing in the community. The City will target single -fa °ly neighborhoods in the vicinity of the Town Center opportunity area as part of the Town Center revitalization effort, as well as multifamily units citywide. The City's goals under this program are to rehabilitate 162 units, including 54 single - family units and 108 multifamily units. • Ownership Multifamily New Constructlan The City also intends to assist ownership multifamily new construction. Per unit subsidy requirements by income level are CITY OF TUSTIN HOUSMIG ELE -MENT GENERAL PLAN 93 JUDIE 16, 2009 o Tustin ILegacy Ownership multi -:Fz nily Nzw Construdion The City's development agreements for Tustin Legacy are projected to create 323 new affordable multi- family ownership units in the City over the six -year projection period. This includes 130 units in TLCP and 193 units in the Villages of Columbus. The City anticipates the creation of 40 units affordable to very low inco me households, 116 units affordable to low income households, and 167 units affordable to moderate income households. The TLCP unit count represents projected Phase 1 development and -the subsidy requirement is unknown at this -time. The cost of maintaining the affordability of the TLCP units will be transferred to the Pedevelopment AgencyCity of Tustin and the expertise associated with maintaining the 45 -year covenants will be determined at the time residential development proceeds. There is no subsidy requirement for the affordable units in the Villages of Columbus. • Tustin Legacy Rental New Construction The City's development agreements for Tustin Legacy are projected to create 253 new affordable rental units, including 126 units affordable to very love income households, 64 units affordable to low income households, and 63 units affordable to moderate income households. The TLCP unit count represents projected Phase 1 development and the subsidy requirement is unknown at this time. The cost of maintaining the affordability of the TLCP units will be transferred to the 'wide^'^ men ^ a^„^, City of Tustin and the expense associated with maintaining the 55 -year covenants win be determined at the time residential development proceeds. Administrative Support The Agency will provide administraz tive support to implement its affordable housing activities. The Agency projects operating expenses of $4.95 million over the six -year capital planning period. Section 33334.4(a) of the CRL requires expenditures iin the Low and Moderate Income Housing Fund during a 10 -year period to assist CITY O1F TUSTIN HOUSING ELEMENT GENERAL ]PLAN 95 JUNE 16, 2009 very low and low income households in at least the same proportion as the total number of units needed within the community. The proportion of very low, low and moderate income units is determined for each community on the (basis of the unmet need for housing certain income group categories as reflected in the City's share of the regional housing needs identified pursuant to Section 65584 of the California Government Code (the Regional Housing Needs Assessment (RHNA). - Inadditien CRT 33490(a)(2)(C)(4 requires the Redevelopment Agency to identify the number- of housing units needed for- very low, low and modefate income persons r as each of those needy have tie-r"r'sd2ir fie the os recent determination pui!sttant to SeEtion 65584. The Ageney's- 0 for- very low income households, 29% for -low income households, and 34% for moderate - iffmEeffile-- keuseholds Pursuant to CRL 33334.4(a), the category, Agency may adjust the proportion by subtraEting from the need- the number of units for per-sons assistance. of that iREome category that are newly constructed over the duration of the implementation plan Nvith other 10Eally eontrolled assistance The City initiated the development of additional very low, low and moderate income housing in the MCAS Tustin Project Area through density bonus incentives. Therefore, the AgenEy is permitted to adjust the proportional CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 96 JUNE 16, 2009 ISO • .. ... Y. . ... . .... . .... . . .. . . � e • .1121 .� �. WWI rt�911W_Ift CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 96 JUNE 16, 2009 i21- -addition, as of ran,,ar -y 1, 2003, accvrding to CRL Seed 33334.4(b), eae-h re-development ageney shall expend, over the duration of each fedevelopment implementation Plan, -fiffind--,; -fA-:-r -all pc- sons Fegar-dlesF of age — at least the same proportion as the number -of lei+ 4wom„ households with a member under 65 years as c=ompar-ed to the total number- of low income households of the c reported the most recent of the Unite community ��� ��t^ States Gees eau. According to the 2000 U.S. Census, 87 percent of low— scome households in Tustin included a member under the age of 65. Therefore, it is the Agency's goal to spend approximate! 87% of age in the All of the units produced to date are for family housing and no expenditures have been made for senior housing units. Coventry Court, a Lennar Homes senior housing development projected to open in FY 2008/09 in the MCAS Tustin Redevelopment pecific Plan Area, is (building 153 affordable units as a result of City density bonus incentives. The City is not an entitlement jurisdiction for HOME funds, but may apply to the State for HGh1lE funds as described in a separate report prepared by DRA entitled Affibrdable Hoz® sing Assistance Programs, presented as Appendix C of the Comprehensive Affordable Housing Strategy. The City is an entitlement jurisdiction for Community Development ]Bloch Grant (CD]BG) funds. For FY 2007/08, the City of Tustin was allocated $827,201 in CDBG funds. These funds may be used for a number of community development purposes besides housing. Given -the many competing needs for these funds and the restrictions on these funds for housing purposes, the Agency does not typically allocate CD1BG farads for affordable housing development. As needed and as shown on Table H -21, the City and its Redevelopment Agency (eliminated 2011) will utilize State and Federal resources to leverage local resources as these funding sources match the City's programmatic objectives. Table H- 21 is a summary of affordable housing resources. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 97 JUNE t5, 2009 TABLE H- 21 AFFORDABLE HOUSING RESOURCES' CITY OF TUSTIN Tax - Exempt Bonds The Redevelopment • New Housing ^ genEy and t ^ City hasve Development the authority to issue tax - exempt bonds. The City is • Rental Acquisition/ also a member of California Rehabilitation Statewide Communities Development Authority. Bond proceeds are used to develop affordable housing. City /Agency Owned If available and • Housing Land appropriate, City_ Redevelopment Agency • Community Facilities owned land may be made available State Resources CalHome Enable low and very -low • Predevelopment, site income households to development, and site become or remain acquisition for homeowners development projects. Rehabilitation, and acquisition and rehabilitation, of site -built housing, and rehabilitation, repair and replacement of manufactured homes. • Downpayment assistance, mortgage financing, homebuyer counseling, and technical assistance for self -help California Self -Help Fund programs that assist • Training and supervision Housing Technical low and moderate income of low and moderate Assistance families to build their income self -help home - Allocation Program homes with their own labor builders (CalHome Self -Help) CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 99 JUNE 16, 2009 TABLE H_ 2q ATT01?'LDABLE HOUSIPM RESOURCE51 07Y ©F TUSTZl`T WosIld'BRHDGE Provides lower - interest o New Construction Iniliailve construction financing for o Rehabilitation affordable or mixed - income rental housing or o Acquisition affordable home ownership through a consortium of World Savings/ Calpers/ Wells Fargo /Bank of America Non F.TuEl ®rganizatrlons ©mange County Affffordalble Housing Clearinghouse According to the State Department of Housing and Community Development, three nonprofit agencies in Orange County have expressed interest in purchasing and or managing at risk or replacement units in the Tustin area. Non - profit lender consortium ® Acquisition and rehabilitation ® Management of multi- family units • Construction Financing o Permanent Financing The Replacement Housing, Housing Rehabilitation, Housing Production and Land Cost Write -Down programs all use the Redevelopment Agency's (eliminated 2011) low- to moderate- income housing set -aside funds to leverage other regional, state, and federal funding sources. These sources include, but are not limited to: Orange County Housing funds, California Housing Finance HELP funds, Department of Housing and Urban Development HOME funds, along with housing revenue bond financing and low income housing tax credits. Such sources help to ensure an adequate level of funding to satisfy the City's affordable housing production requirements. Source: City of Tustin Redevelopment Agency (eliminated 2011) Comprehensive Affordable Housing Strategy 2008 -2018 In addition to these resources, there are also potential public and private TesnUT= that may be available to the City. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 119 JU�TE 16, 2009 Appendix to Housing Elemz .t Available Sites The program objective was to utilize Planned ConrMunity, Districts and Specific plans to authorize and encourage mixed-use developments to assist in the development of new affordable owner and rental housing, including 3,151 infill units at MCAS Tustin. The program has seen development of 1,486 units over -the 10 year period, including a new 12 unit live /work development (known as Prospect Village) in Old Town. labile homes- The objective to maintain existing units was accomplished. In addition, entitlement for the creation of 10 new mobile home spaces was accomplished. Second Residential Units The previous City ordinance regarding second residential units required a conditional use permit for the establishment of -the use in several residential zoning districts. In 2003, the City adopted an ordinance modifying the zoning code to no longer require a conditional use permit and to allow second residential units to be processed at a ministerial level, to be in conformance with California state law. In the current review period and prior to this ordinance, the Community Development Department approved one third residential unit at 135 South A Street. The objective to provide two new second residential units in the review period has been met. Deed restricted affordable units The objective of requiring deed restrictions to ensure continued affordability for low- or moderate - income housing constructed or rehabilitated with the assistance of any public ovelepment funds as may be legally recluuired was successfully met. Between the years 1993 -2000, 207 units deed restricted units were established, and from 2001 -2003, 243 restricted units were established, for a total of 450 deed restricted units established during the program implementation period. CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 152 JUNE 16, 2009 Appendix to Housing Element Housing opportunities for all eeo, o;rmie segmi en-Ts The program to monitor the implementation of the affordable housing program adopted as a part of the Fast Tustin Specific Plan has successfully met the objective of monitoring 174L units tin ]East Tustin over the 10 year period. Bonding Programs Prior to its dissolution, �ihe Redevelopment Agency4aas successfully administered a bond financing program which hasthat processed a total of 252 restricted units for very --low and low income households to accomplish Five -Year Quantified Objectives and help meet -the City's affordable housing needs. Senior Citizen Housing The objective in protecting and providing senior citizen housing was identified as the preservation of 100 at -risk and creation of 60 new units by 2005. The 100 at -risk units were preserved throughout the review period. In -the 1998 -2000 period, a site on Sycamore Avenue was identified for a 60 -unit senior housing project, which was ultimately developed into 54 one - hundred percent affordable senior units, known as Heritage Place at Sycamore. Senior Services Program The City's objective to develop a senior services program consisting of a comprehensive transportation program, case management, information and referral, and a shard housing program to assist 850 elderly annually was exceeded with 920 elderly receiving assistance annually between 2001 -2008. Recycling Single - Family Uses into Multiple - :Family .. � nits 'The progra m, to encourage developers to consolidate individual lots into larger cohesive developments by responding to ail requests for density bonuses per City codes was accomplished in that the City saw the construction of one additional unit at 135 A Street and density bonuses were granted to lLennar as an incentive for -the creation of affordable units at the Villages of Columbus. CITY OF TUSTIN E ®USING ELEMENT G Ei�1ERAL ]PLAN 154 JUNE 16, 2009 AppencInx ta Hausing Element Envirmnrnental C©nstmints The on -going goal was to require program Environmental Impact ,pact Reports (EIR) on all major development projects to decrease -the delays in processing and incorporating rnitigation requirements into -the development plans. In the first half of -the review period, 11 negative declarations (ND) were adopted and a draft and final program joint EIS /EIR for the MCAS Tustin project was prepared. In the second half of the review period, the Final Program EIS /EIR for MCAS Tustin was completed. Density Bones Program The objective was to process all request for density bonuses in order to facilitate the construction of affordable housing. In 1999, the Density Bonus Ordinance was adopted and one application was processes. Between 2001 -2008, Lennar /Lyon were granted 182 density bon-Lis units for the creation of affordable units at Columbus Square and Grove. WAS Tustin Reclevelopment Projeet Area The goal to create a new redevelopmment project area for the MCAS- Tustin site by adopting the MCAS -- Tustin Specific Plan and Redevelopment Project area was attained. However, all redevelopment agencies in California were eliminated in 2011. f.igr Dousing The City's objective to contact with tlhe Fair Housing Council of Grange County (1FHCGC) to assure equal housing opportunities by assisting approximately 400 residents annually and 2,000 residents by 2005 was exceeded. Between 1998 -2000, 2,289 complaints were processed, and an additional 1,541 were processed between 2001 2008. Shared Dousing The City continued to provide coordination and support to an Orange County rousing sharing program by handling a total of 75 cases during the review period. CITE' OF TUSTIN HOUSING ELEIVIENT GENERAL PLAN 156 JUNE 16, 2009 Appendix to Housing Element Housing Referral Frograi The City continued to provide housing referral services to families in need of housing assistance and infoi7mation through the ]police, Parks and recreation Services, and Community Development Departments. The objective was to make 8,750 referrals to social agencies and 50 referrals for shard housing by 2005. Between 1998 - 2000, 4,375 social service referrals and 25 shared housing referrals were made; between 2001 -2008, an additional 4,850 social service referrals and 50 shared housing referrals were made. Replacement Tfousing The program objective was to ensure rehabilitation or construction of an equal number of replacement units when low and moderate income residential units are destroyed or removed from the market . Over the 10 year period, 86 units were removed and replacement was completed. Housing Rehabilitation The goal to rehabilitate 100 units by allocating CDBG and Redevelopment Agency (eliminated 2011) (RDA) funds to finance public improvements and rehabilitation of residential units in target areas was achieved. A total of 119 units were assisted with RDA funs over the review period. Housing Authority The program to contract with the Orange County Housing Authority (OCHA) for the development and operation of federally assisted low and moderate income housing program was continued and a developer contract (Tustin Gardens) was processed with OCHA. Rental Assistance The program to provide rental assistance through Section 8 certificates and voucher certificate program assistance funds through the OCHA was successful over the review period. The objective to CITY OF TUSTIN HOUSING ELEMENT GENERAL PLAN 157 JUNE 16, 2009 Fulky, 115.2. While promoting a self - supporting recreation system, explore means of providing low -cost programs to those who cannot afford to pay. :I DIky 18.3. Identify, evaluate, and where possible, introduce appropriate revenue - generating activities into future commi unity -level and regional- -level parrs and recreation centers, consistent with park dedication regulations. Policy 18.4: Develop long -term agreements with the School District and, as appropriate, other agencies that will maximize joint -use and multiple -use of facilities, eli- � in ate program uncertainty, and reduce overall operations and maintenance costs. Polnty 118.5. Conserve the City's Quimby Act authority by utilizing, wherever practicable, the City's broad powers to enact and enforce its General Plan, Specific Plan(s), Redevelopment Plan(s); subdivision ordinance and /Zoning Ordinance to secure public and private recreation sites, open space, trails, and other related land use objectives of community planning significance. 1 ELL T:ED GOALS AND POLICIES Coals and policies of the other General Plan ]Elements also relate to conservation, open space, and recreation issues. A major requirement of all general plans is intern al consistency. Table COSR -1 shows each element; conservation, open space, and recreation issues; and goals and policies which relate to both. CITY OF TUSTIN CONSERVATION /OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT 25 March 20, 2012 Responsible Agency: Community Services Ti=dlang 3- o-,�1rce: City General Fund— /n,,,a �, ,i �„Y, , /Private Funding/ State and Federal Funding Time Frame: Ongoing Related C/OS/Recreation Element Policies. 4.8, 7.2, 8.11, 8.12, 8.14, 14.1,14 .2,14.4,14.5,14.9,14,11 - 14.13, 14.4,14.7,14.8,14.12,16.2,16.4, 17.4, M6 38. Joint -Use Agree.; ents with Schools: Through joint -use agreements, enhance the use of school facilities by: a) exploring with the Tustin Unified School ',[district, the provision of programs in areas lacking recreation facilities by using schools or private facilities; b) maintaining contact with and input from the School District during the design of any new public facilities; and c) develop a program for joint use of School District properties and surplus school sites. Responsible Agency: Community Services Funding Source: City General Fund /Tustin Unified School District Time Frame: Ongoing Related C/OS/Recreation Element Policies: 14.5,14.6- 14.8,16.6,16.10, 18.4,18.7 39. Joint -Use Agreements with Orange County Flood Control: Explore the feasibility of utilizing County Flood Control facilities for recreational trails. Responsible Agency: Community Services /Public Works Funding Source: City General Fund /OCFC Time Frame: Ongoing Related C/OS/Recreation Element Policies: 7.1, 7.5, 14.3, 17.5 CITE' OF TUSTIN CONSERVATION /OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT 67 March 20, 2012 Responsiib1z Agkmccy- Community Development/ Community Services/ Public Works Funccling S(Diirc e: City General Fund /Frivate Funding /Slate and Federal Funding Time :Frame: Ongoing Related C(OS/Recreation Element Policies. 7.6, 8.9, 8.11, 8.14, 114.4, 14.13,16.2,17.5,18.6 43. Accessibility Flan. Design new and renovate existing parks for convenient and accessible use and provide that all recreation programs, services and facilities are accessible to the disabled in accordance with the Americans with Disabilities .pct. Responsible Agency: Community Services Funding Source. City General Fund_f Redevelopmeu /Private Funding /State and Federal Funding Time Frame- Ongoing Related C /OS/Recreation Element Policies: 14.1,14.2,16.4 44. Recreational Needs Awareness: Inform the public of recreational facilities and opportunities, and receive public input on such services by: a) providing program and service information through Tustin Today and handouts at City Hall and program sites; b) developing a community education program to provide citizens with information on various programs; c) receiving input from citizens on the design and development of parrs and recreation facilities through questionnaires, community meetings, and Park and Recreation Commission meetings; d) staging community events through the use of input from citizens' 'task forces, committees and other groups; e) evaluating programs on a quarterly basis to ensure that community needs are being met; and f) reviewing and implementing successful programs from other communities. CITY OF TUSTIN CONSERVATION /OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT' 69 March 20, 2012 1r =— E EIE-NI E NTil I 1 2,1 ". i T`T "Z [ T Tait i13 ski The City's Noise Element provides information that is important for maintaining environmental noise levels that area compatible with existing and planned land uses. The ;Element addresses tlsree primary areas: noise from transportation services, such as aircraft, freeways and major roadways; integration of information about the existing and forecasted noise environment into land use plating decisions; and noise from non - transportation sources such as comm, ercial, industrial, and construction activities. The City Council, by incorporating the Implementation Program i to the General Plan, recognizes the importance of long -range planning considerations in day -to- day decision- malking, subject to funding constraints. TRANSPORTATION NOISE CONTROL 1. Roadway Improvement FxDje(cts. The principal method of protecting sensitive land uses from traffic noise is the construction of noise barriers in concert with road improvement projects. The City will request, where necessary to mitigate identified adverse significant noise impacts, the inclusion of soundwales, earthern berms, or other acoustical (barriers as part of any Caltrans or OCTA roadway project. Responsible Agency/Department: Community Development, Public Works/ Engineering Division Funding Source: Various Proposition 111, Measure Nf, Santa Ana /Tustin TSIA, Redevelopment Agency Time Frame. Ongoing Related Noise Element Policies: 1.1, 1.2,1.9,1.12 20 Rail Line Noise Control. The principal .methods of protecting sensitive land arses from rail vehicle noise are the construction of noise barriers, reduction of vehicle speed, the use of well - maintained welded traces, rubberized crossings and whistle blowing procedures. The City will seek assistance from the Public Utilities Commission, Southern California Regional Vail Authority, OCTA, and Amtrak in CITY OF TUSTIN NOISE ELEMENT GENERAL PLAN 23 JUNE 17, 2008 achieving these methods of noise protection for residential and other sensitive uses. �3esponsi le Agency epars �n 4. Community Development, Public Works/ Engineering :Funcling So�amce. Public Utilities Commission, Southern California Regional ]Gail Authority, OCTA, Amtrak, Redevelopment Agency Time Frame. Ongoing Related Noise Element Policies: 1.7,1.8 3. Vehicle Noise Contr ©3. To minimize or reduce noise impacts on residential and other sensitive land uses, the City will: 1) en, orce and periodically evaluate truck and bus movements and routes to reduce impacts on sensitive areas; and 2) promote coordination between City Police and the California Highway Patrol to enforce the State Motor Vehicle noise standards. Responsible Agency/Department: Community, Development, public Works/ police Dept., CHP Funding Source. City General ]Fund Time Frame® Ongoing Related Noise Element Policies: 1.1,1.2,1.9 -1.12 4. Aviation Noise: Worm to reduce noise impacts resulting from aircraft operations at John Wayne Airport by: (a) participating and monitoring the planning process for Jo hn Wayne Airport; (b) continu- ing to discourage general and commercial aviation activities which increase noise exposure to sensitive land uses. Responsible Agency/Department: Con, ununity Development Funding Source: City General Fund Time Frame. Ongoing Related Noise Element Policies: 1.3 -1.6 CITY OF TUSTIN NOISE ELEMENT GENERAL PLAN 24 JUNE 17, 2008 Bicycle Path (Class I facility) - A paved route not on a street or roadway and expressly reserved for bicycles traversing an otherwise unpaved area. Bicycle paths may parallel roads but typically are separated from them by landscaping. Bicycle Route (Class III facility) - A facility shared with motorists and identified only by signs, a bicycle route has no pavement markings or lane stripes. Bikeways - A term that encompasses bicycle lanes, bicycle paths, and bicycle routes. Blight - A condition of a site, structure, or area that may cause nearby buildings and /or areas to decline in attractiveness and /or utility. The Community Redevel- opment Law (Health and Safety Code, Sections 33031 and 33032) contains a definition of blight used to determine eligibility of proposed redevelopment project areas (eliminated 2011). Buffer - A strip of land designated to protect one type of land use from another with which it is incompatible. Where a commercial district abuts a residential district, for example, additional use, yard, or height restrictions may be imposed to protect residential properties. The term may also be used to describe any zone that separates two unlike zones such as a multi - family housing zone between single family housing and commercial uses. Building - Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. California Environmental Quality Act (CEQA) - A State law requiring State and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an Environmental Impact Report (EIR) must be prepared and certified as to its adequacy before taking action on the proposed project. General Plans require the preparation of a "program EIR." California Housing Finance Agency (CHFA) - A State agency, established by the Housing and Home Finance Act of 1975, which is authorized to sell revenue bonds and generate funds for the develop- ment, rehabilitation, and conservation of low -and moderate - income housing. Caltrans - California Department of Transportation. CITY OF TUSTIN GLOSSARY GENERAL PLAN 3 JANUARY 16, 2001 Compatibility - The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. The designation of permitted and conditionally permitted uses in zoning districts are intended to achieve compatibility within the district. Some elements affecting compatibility include: intensity of occupancy as measured by dwelling units per acre; pedestrian or vehicular traffic generated; volume of goods handled; and such environmental ef- fects as noise, vibration, glare, air pollution, or the presence of hazardous materials. On the other hand, many aspects of compatibility are based on personal prefer- ence and are much harder to measure quantitatively, at least for regulatory pur- poses. Condominium - A building, or group of buildings, in which units are owned individu- ally, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Congestion Management Plan (CMP) - A mechanism employing growth manage- ment techniques, including traffic level of service requirements, development mitiga- tion programs, transportation systems management, and capital improvement programming, for the purpose of controlling and /or reducing the cumulative regional traffic impacts of development. AB 1791, effective August 1, 1990, requires all cities, and counties that include urbanized areas, to adopt and annually update a Congestion Management Plan. Congregate Care Housing - Generally defined as age- segregated housing built specifically for the elderly which provides services to its residents, the minimum of which is usually an on -site meal program, but which may also include housekeeping, social activities, counseling, and transportation. There is generally a minimum health requirement for acceptance into a congregate facility as most do not offer supportive health care services, thus differing from a nursing home. Resi- dents usually have their own bedrooms and share common areas such as living rooms, dining rooms, and kitchens; bathrooms may or may not be shared. Conservation - The management of natural resources to prevent waste, destruction or neglect. CITY OF TUSTIN GLOSSARY GENERAL PLAN 5 JANUARY 16, 2001 mm - _. .. NO 01-11-7.1.111 dile V, Compatibility - The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. The designation of permitted and conditionally permitted uses in zoning districts are intended to achieve compatibility within the district. Some elements affecting compatibility include: intensity of occupancy as measured by dwelling units per acre; pedestrian or vehicular traffic generated; volume of goods handled; and such environmental ef- fects as noise, vibration, glare, air pollution, or the presence of hazardous materials. On the other hand, many aspects of compatibility are based on personal prefer- ence and are much harder to measure quantitatively, at least for regulatory pur- poses. Condominium - A building, or group of buildings, in which units are owned individu- ally, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Congestion Management Plan (CMP) - A mechanism employing growth manage- ment techniques, including traffic level of service requirements, development mitiga- tion programs, transportation systems management, and capital improvement programming, for the purpose of controlling and /or reducing the cumulative regional traffic impacts of development. AB 1791, effective August 1, 1990, requires all cities, and counties that include urbanized areas, to adopt and annually update a Congestion Management Plan. Congregate Care Housing - Generally defined as age- segregated housing built specifically for the elderly which provides services to its residents, the minimum of which is usually an on -site meal program, but which may also include housekeeping, social activities, counseling, and transportation. There is generally a minimum health requirement for acceptance into a congregate facility as most do not offer supportive health care services, thus differing from a nursing home. Resi- dents usually have their own bedrooms and share common areas such as living rooms, dining rooms, and kitchens; bathrooms may or may not be shared. Conservation - The management of natural resources to prevent waste, destruction or neglect. CITY OF TUSTIN GLOSSARY GENERAL PLAN 5 JANUARY 16, 2001 C®opzTative - zL\ group of dAvvelfings Or an apartment bLJUrg that 0s joln'dy mAjned by the residents, the common o1i,\inersNp including the open space and all other parts of the properly. The purchase of stock entries the bLIyeT 10 sore OCCupancy, but not the individual ownership of a specHied unit. Council of Governments (COG) - A regional planning and review authority whose membership includes representation from all communities in the designated region. The Southern California Association of Governments (SCAG) and the San Bernar- dino Association of Governments (SANBAG) are examples of CCGs in Southern California. Coverage - The proportion of the area of the footprint of a building to the area of the lot on �ikiNch its stands. Critical Facility - v acili,das housing or serving many people which are necessary in the event of an earthquake or flood, such as hospitals, fire, police, and emergency service facilities, utility "lifeline" facilities, such as water, electricity, and gas supply, sewage disposal, and communications and transportation facilities. Cumulative Impact - As used in CEQA, the total impact resulting uTOm the accu- mulated impacts of individual projects or programs over time. Day -Night Average Level (Ldn) - The average equivalent sound level during a 24 -hour day, obtained after addition of 10 decibels to sound levels in the night after 10 p.m. and before 7 a.m. See also "Community Noise Equivalent Level." Uzi bel (dB) - A unit for describing the amplitude of sound, as it is heard by the human ear. See also "A- Weighted Decibel," "Community Noise Equivalent Level," and "Day -Night Average Level." Dedication - The turning over by an owner or developer of private land for public use, and the acceptance of land for such use by the governmental agency having jurisdiction over the public function for which it will be used. Dedications for roads, parks, school sites, or other public uses often are made conditions for approval of a development by a city. Density - The number of families, individuals, dwelling units or housing structures per unit of land; usually density is expressed "per acre." Thus, the density of a development of 100 units occupying 20 acres is 5.0 units per acre. CITY OF TUSTIN GLOSSARY GENERAL ]PLAN 6 JANUARY 16, 2001 �con, Fazal'vo -Typo- of reoreaJon or activi`�y - ,jAjbicb sloes not require the use of organ, ized play areas. Regionni - Pertaining to activities or economies at a scale greater than than of a single jurisdiction, and affecting a broad homogeneous area. Regulation - A rule or order prescribed for managing government. Rehabilitation - The upgrading of a building previously in a dilapidated or substan- dard condition, for human habitation or use. Restoration - The replication or reconstruction of a building's original architectural features, usuaHy describing the technique of preserving historic buildings. Retrofit - To add materials and /or devices to an existing building or system to im- prove its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example. Rezoning - An amendment to the map and /or text of a zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and /or on a designated parcel or land area. Right -of -Way - A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses. Risk a The danger or degree of hazard or potential loss. Sanitary Landfill The controlled placement of refuse within a limited area, follow- ed by compaction and covering with a suitable thickness of earth and other contain- ment material. CITY OF TUSTIN GLOSSARY GENERAL PLAN 16 JANUARY 16, 2001 am i- no. ._ I 17.1111 IN M . of these, and the of ZvemA .. - -- - ar provision iv, f publiG - - - -- - - •- - Regionni - Pertaining to activities or economies at a scale greater than than of a single jurisdiction, and affecting a broad homogeneous area. Regulation - A rule or order prescribed for managing government. Rehabilitation - The upgrading of a building previously in a dilapidated or substan- dard condition, for human habitation or use. Restoration - The replication or reconstruction of a building's original architectural features, usuaHy describing the technique of preserving historic buildings. Retrofit - To add materials and /or devices to an existing building or system to im- prove its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example. Rezoning - An amendment to the map and /or text of a zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and /or on a designated parcel or land area. Right -of -Way - A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses. Risk a The danger or degree of hazard or potential loss. Sanitary Landfill The controlled placement of refuse within a limited area, follow- ed by compaction and covering with a suitable thickness of earth and other contain- ment material. CITY OF TUSTIN GLOSSARY GENERAL PLAN 16 JANUARY 16, 2001 ATTACHMENT 4 Sphere of Influence and First Street Specific Plan M p Map/Boundary Amendments , T NT-K=LJCTHON O THE �1��T!� <�,�2, 11 L �� \T The City of Tustin is located in central Orange County and encompasses an area of 11.08 square miles. The e City is bounded on the south by the cities of Irvine and Santa Ana, on the north by the uni ncorporated portions of the County of Orange and the City of Orange, and on the ease by unincorporated County territory and the City of Irvine. Within the context of the larger Southern California region, Tustin is located approximately two miles north of Orange County's John 'Wayne Airport and is transected by two major regional freeways: t e I -S (Santa Ana) Freeway, divides the City into north and south; and the SIB -55 (Costa Mesa) Freeway, divides westerly portions of the City. The City continues to be a discernible entity, characterized physically by its strategic crossroads location, the former Ylarine Corps Air Station, Tustin, (closed in July 1999), hillside areas which offer sweeping panoramic views of the ]pacific Coast and Saddleback mountains, prune commercial;, industrial, and residential development, and one of the oldest historical "old towns" in, Orange County. These significant natural and man -made characteristics provide a commo y acknowledged basis for a "sense of place ". Together, they act as a foundation for Tustin °s Future ... a functional desirable and attractive co : , unity to live, work or visit. CITY OF TUSTIN GENERAL PLAN I INTRODUCTION JUNE 17, 2008 r � P J Ill aYll• q•I N �� 11 �' lI 4 WIT ti NORTH TNot to Scale Q City of Tustin 0 Sphere of Influence/Planning Area TUSTIN Figure I -1 GENERAL PLAN Tustin Planning Area N - PCCB - Planned Community Commercial /Business - Industrial 0 0.25 0.5 1 Miles PI - Public /Institutional ® PCPI Planned Community Public /institutional MCAS - MCAS Tustin Specific Plan TuSTIN BUILDING OUR iUlURI. HOVORING OUR PAST Date: 07/16/2012 General Plan Map City of Tustin NOW Scale in feet City of Tustin Sphere of Influence/Planning Area 0 o� � Source: City of Tustin r� TUSTIN Figure LU -3 GENERAL PLAN Planning Subareas .01 NORTH Pacific Center East TNot to Scale " y North Tustin City of Tustin Sphere of Influence/Planning Area " MCAS Tustin Figure LU-4 Special Management Areas Specific Plans p�aac L.._®' Doty of Tustin Sphere of Influence/Planning Area North T°fi °g Nlifes North Tustin (unincorporated) SC JF,CIE: City of Tustin— An Update on Redevelloprnent TUSTIN GENERAL PLAN Figure LU -5 Special Management Areas Redevelopment Project Areas/ North Tustin /Other Areas he personality of the city and the level of pride its citizens take in -the community. A specific discussion of the City's present image is included in a separate Urban Design Technical Memorandum. Old Town 7uplin Street Character West along Main Street from El Camino Real East along Main Street from "C" Street CTTY OF TUSTIN LAND USE ELEMENT GENERAL PLAN 54 JANUARY 16, 2001 NORTH not to scalar SOURCE: Austin -Foust Associates. Inc. TUSTIN GENERAL PLAN Figure C -2 Arterial Highway Plan I ^♦ i NORTH not to scale SOURCE. Austin -Foust Associates, Inc. TUSTIN GENERALPLAN Figure C -4 Existing Bikeways NORTH not to scale SOURCE: Austin -Foust Associates, Inc. TUSTIN GENERAL PLAN Figure -5 Master Bikeway Plan 1WYaAa FLOOD PLAIN SMYEAR FLOOD PLAIN HIGH LIQUEFACTION POTENTIAL PRMBLE WMROCK LANDSLIDES NORTH TNot to Scale F-" City of Tustin 0 Sphere of Influence /Planning Area SOURCE: Federal Emergency Management Agency Flood Insurance Rate Map and MCAS Master Plan TUSTIN Figure COSR -1 GENERAL PLAN Hazard Planning Areas i I i r w�� , - � � � I I,► ���� A f�r-�� VA W-1 s, 1WYaAa FLOOD PLAIN SMYEAR FLOOD PLAIN HIGH LIQUEFACTION POTENTIAL PRMBLE WMROCK LANDSLIDES NORTH TNot to Scale F-" City of Tustin 0 Sphere of Influence /Planning Area SOURCE: Federal Emergency Management Agency Flood Insurance Rate Map and MCAS Master Plan TUSTIN Figure COSR -1 GENERAL PLAN Hazard Planning Areas r 1 ®t11M A4♦ AL _ NORTH 001`.600 Scale in feet City of Tustin Sphere of Influence/Pianning Area I ^♦ � I 1 oG � �0® l�Iil�l�l�l�►* �' 1 r g. Of 4 41 HIGH PALEONTOLOGIC SENSITIVITY OPEN SPACE -LOWER PETERS CANYON RETARDING BASIN `EUCALYPTUS WINDROW REDWOOD GROVIS RIDGELINE MAGRICULTURE P PRIME S STATQMDE IMPORMAME U UNIQUE SOURCE: Natural Resource Conservation Services (1999); California Department of Conservation Farmland Mapping and Monitoring Program (1 990), City of Tus- tin, Arial Photographs, John Minch & Associates, January (1 991), Tierra Madre Consultants (1994) TUSTIN Figure COSR -2 GENERAL PLAN Important natural Resources J• 13711 Yorba St 14302 Yorba 14332 Yorba 14372 Yorba St 14402 Prospect Ave Zielian Residence 14611 Prospect Ave Cheney Residenc'K Cultural NORTH fNot to Scale (C,.5di City of Tustin Sphere of Influence/Planning Area SOURCE: City of Tustin; WAS Tustin Specific Plan (1995) TUSTIN GENERAL PLAN Sri i /I II � II 1I U X1252 Irvine Blvd 1331 Bryan Ave 1681 Mitchell Ave Bowman Residence HISTORIC RESOURCE AREAS Figure COSR -3 Historic Resources 7 Ixt ;� MLF,4"� o U " NORTH TNot to Scale A" 5r: TRA T! < MCA__ Tustin Regional Park City of Tustin Sphere of Influence/Planning Area SOURCE: City of Tustin, Recreational Resources in the Tustin Area (1990) WAS Tustin Specific Plan (1995) TUSTIN GENERAL PLAN /..N AU Zia 011 e _jifl F2"*, 0 -Its k N* v W \-4> 41 . F41N 4, R 00 EXISTING SCHOOL PROPOSED LOCAL SCHOOL EXISTING COMMUNITY FACILITY EXISTING PUBLIC PARK EMIPROPOSED PUBLIC PARK M1 EXISTING PRIVATE RECREATION EXISTING BICYCLE ROUTES SiR IFIEGIONAL MULTI-USE TRAIL Figure COSR-5 Recreation Plan Wk < MCA__ Tustin Regional Park City of Tustin Sphere of Influence/Planning Area SOURCE: City of Tustin, Recreational Resources in the Tustin Area (1990) WAS Tustin Specific Plan (1995) TUSTIN GENERAL PLAN /..N AU Zia 011 e _jifl F2"*, 0 -Its k N* v W \-4> 41 . F41N 4, R 00 EXISTING SCHOOL PROPOSED LOCAL SCHOOL EXISTING COMMUNITY FACILITY EXISTING PUBLIC PARK EMIPROPOSED PUBLIC PARK M1 EXISTING PRIVATE RECREATION EXISTING BICYCLE ROUTES SiR IFIEGIONAL MULTI-USE TRAIL Figure COSR-5 Recreation Plan I� 7 riAN Sri ri 10- �I► 41t / /ff Existing Evacuation Routes C If Future Evacuation Routes NORTH o NO icon scale m feet 0 City of Tustin QSphere of Influence/Planning Area SOURCE: City of Tustin Police Department TUSTIN Figure PS-1 GENERAL PLAN Evacuation Routes t I /1I ♦♦ i NORTH fNot to Scale City of Tustin Sphere of Influence/Planning Area SOURCE: J.J. Van Houtan and Associates, July 1993 NOTE: Noise Contours depicted within MCAS Tustin Specific Plan. May change based on final roadways alignment selected TUSTIN GENERAL PLAN 11� �r i Figure N -1 Future (2010) Community Noise Equivalent Level (CNEL) Contours for the Tustin Planning Area Attachment 3 Proposed Specific Plan Amendment 2012-001 (Red- Lined/Corrections to First Street Specific Plan) City Council John Nielsen, Mayor Al Murray, Mayor Pro Tem Jerry Amante. Councilmember Deborah Gavello, Councilmember Rebecca "Beckie " Gomez Councilmember Piannina Commission Steve Kozak Chairperson Jeff Thompson Chairperson Pro Tem Wisam "Sam" Altowai Commissioner Ken Eckman, Commissioner Fred Moore, Commissioner CitvStatl` Elizabeth A. Binsack Director of Community Development Dana L. Ogdon, Assistant Director of Comm- ommunity Development AICP Scott Reekstin, Senior Planner Amy Stonich, Senior Planner AICP Joe Pearson II, Planning Intern Suzanne Schwab Former Planning Intern Original document adopted by Planning Commission Resolution No 2228 on December 9, 1985 Original document adopted by City Council Resolution No 85-126 and Council Ordinance No. 961 on December 16 1985 Specific Plan Amendment 2012 -001 adopted by Planning Commission Resolution No 4209 on October 23, 2012 Amended version adopted by City Council Resolution No on 2012 INTRODUCTION A. HISTORICAL PERSPECTIVE First Street — Circa 1946 Tustin's agrarian past ha-s-- significantly influenced the pattern of commercial development in the community The earliest development in Tustin was focused within Old Town, the community's original commercial center. As Tustin developed transportation and commercial corridors evolved along First Street with small residential and commercial buildings The subdivision of properties along First Street created an irregularly shaped streetscape with most parcels being relatively small in size Over the years, small parcel sizes limited the size and intensity of development that could occur epalong First Street. As freeway travel expanded and became easier, First Street patrons were willing to travel farther to find goods and services gNewer and larger retail and service providers were established in Tustin Ranch and along nearby Newport Avenue creating strong competition for First Street commercial businesses Although First Street and the Newport (SR -551 Freeway intersect freeway on- and off -ramps were not provided on First Street, but occurred a block north at Irvine Boulevard Vehicle traffic found the most direct route to the freeway resulting in some drivers bypassing First Street The less- traveled First Street corridor developeddeveNed from its early status as the primary gateway to the City into a more fragmented pattern of land uses that continues to _include a varied mix of historic residential and commercial properties Land use changes have been infrequent along First Street and the existing mixture of uses share a low-scale, low- intensity commercial character that is in need of revitalization Residential uses (including single family, multi - family, and mobile homes) auto- oriented service uses, office and small retail buildings currently line First Street Only the First Street properties located nearest to Newport Avenue are generally larger and more uniform in use and purpose. 2 First Street — 2009 B. PLANNING AREA The First Street Specific Plan regulates a 121am^i^^ Area eneempasse commercial corridor that extends approximately a mile along First Street from central Tustin at Newport Avenue to the INlewport Freeway SR -55 as depicted on Exhibit 144 -2-. This corridor varies in depth on either side of the street from as little as 0 feet where it abuts the First Street right -of -wad to almost a quarter of a Haile along Newport Avenue where the Larwin Square and Courtyard commercial centers are located on sites of have, each accumulated sites e several acres. While- Althouh the First Street Pplanning Aarea is relatively small (approximately 84-5 acres), it is significant in that it continues to serve aseenstit es as an majeF entry to the City from the west and provides access to the Old Town Tustin 0 C n^ Real historic district and, via Centennial Way, to the Civic Center. The First Street Pplanning Aarea is fuFther divided into three sub -areas and FE?Iate d plaRRin^ r rn fr as shown on Exhibits 2-I-, 32- and 43. This geographic ru hrr- rvctom is the harir C. BACKGROUND Over the years the First Street corridor has evolved into an mixed se-area of considerably varied development. The gQuality and condition of the existing built environment variesy from high quality projects to those that have not been well maintained substandaFd and visibly deteFieFatiRg, with many examples throughout the spectrum between these extremes. The predominant uses exit within the First Street SpeE;fic— IaRPlanning Area are commercial retail, service, and office. Stimulated by a concern about the appropriate 3 mix of these predominant uses as private redevelopment projects were proposed, the City Council established a moratorium on the issuance of new building permits on June 3, 1985 and exteRded it to allow time to establish overall guidance for further development. The+s First Street Specific Plan (the "Plan_] +is the vehicle selected approved by the Tustin City Council to provide that guidance. When adopted in 1985 the First Street Specific Plan was envisioned to be a 15 gear plan. More than 25 nears later, in 2011, the Tustin Planning Commission and City staff initiated an effort to update the Plan As described in more detail in Appendix E, an intensive series of consultant/staff workshops, public meetings and Planning Commission /City Council work sessions and public hearings led to formulation of the f44al original 1985 Specific Pplan and its 2012 Amendment. D.Q PURPOSE 'n 1 CiQC the TuSNR Q-V iv .-.f rQMRMeEO 1 EW OffiCE! fQ Il i moo te r, "ci r eF}ti[7t -i i °c -P'IcR R entiaI r+ei hl-�rhee�c ect Mich i-� -cic +o c�X1 and + Qf gffir� na rot it Loses iR cite e "J" �— rn- r�- c�-- �Q�6FF�e- -�9F-- ��CiE#E?yel9�}eF}�� r i vrrrcc -rn-i m-czcrrra�.- �- n��rcc.S�� -.-, `.0 Ir,i*vc3tiQRcT- The goal of the 1985 First Street Specific Plan was to identify an appropriate mix of commercial and office uses for the area Tustin CiIy Council was concerned about an erosion of commercial potential" along this gateway street The Plan was also intended to protect adjacent residential neighborhoods and establish consistent development standards. The purpose of the 2012 Plan is plan is to continue to guide and stimulate the use of properties along First Street to the maximum mutual advantage of affected property owners and the City of Tustin. This wi-N- -be-is accomplished by a comprehensive set of regulations, incentives and wban - Ddesign Gguidelines, along with other related actions to encourage optimum development. , The+s Pplan constitutes the legally established zoning for properties within the _Pplanning Aarea. Moreover, it establishes certain important development policies within the First Street corridor ^d e ce►e� 1and ra Feelc adjaceRt to the reFFk4 Gr The Specific Plan is the major device for implementing the City of Tustin General Plan within the Pplanning Aarea. E. AUTHORITY M The California Government Code authorizes cities to adopt specific plans by resolution as police or by ordinance as regulation. clearings are required by both Planning Commission and City Council, after which the Specific Plan must be adopted by the Council to become4R effect . The adoption of this Specific Plan by the City of Tustin is authorized by the California Government Code, Title 7, 'division 1, Chapter 3, Article 8, Sections 55450 through 55457, The First Street Specific Plan is a regulatory plan which serves as the zoning ordinance for the propertiesy vvithin its boundary. Proposed development plans or agreements, tentative tract or parcel maps and any other development approvals must be consistent with the Specific Plan. Projects consistent with this Specific Plan arewill be automatically deemed consistent with the General Plan. The regulations contained herein shall apply to the boundaries depicted on Exhibit 144. 5 1 ■■ ■, �- _ - - ■11111 is �� ■ ■I X11 .. r ■1 tlllll 11 ■ 111111111 ■ ■ 11 Illtli � �I 111 111 1 111 � 1■ � C I: SI li =� ■ X11111 �� � 1■ �1 �� ■ 1111 � � �� �: �: : 111111 ■ � ! IIIIIn= 4) Q u QJ Q ti L/) F a) 4- aQ � N 4-J L/) Q- 4-j N i � m O r LL N �5 0 1. LAND USE PLAN A. INTRODUCTION The Liand Uuse f'plan contains the essential components of the Specific Pplan and the policy direction which serve as the foundation for development regulations and guidelines which are Will ca ally be used in reviewing and approving development projects within the First Street Specific Plan. There is a tendency to emphasize problems in planning documents because perceived problems are frequently the stimulus for undertaking a plan. While there certainly are some real pFeblems challenges in the Pplanning Aarea, it is equally evident that these are unique attributes and considerable opportunities which combine to offer the potential for a balance between preservation, rehabilitation, and +eaier —new development and FedevelepmeR . The main idea of the Specific Plan is to preserve what is good, improve what is not and allow growth where market forces are evident through private market decisions. The basis for this ?plan lies in 1) the Tustin General Plan (see Appendix G for a summary of General Plan consistency);and 2) the analysis undertaken as PaFt Qf-to prepare or amend the Specific Plan effGFt (embodied in the accompanying appendices); Rd ?' the . The following key points should be kept in mind in reading and using this Specific Plan: 1. 4—The primary uses of the area are and should remain commercial retail, service, and office. Differences in uses and regulations within the area are priFnar-ily duce based on the intensity and characteristics of each subarea 2. 2- -The City will depend primarily on private market decisions to stimulate development and improvements in the area 3. Diversity of appearance within certain broad quality guidelines is desirable, as called out in the ufba Udesign Gguidelines (Appendix A). 4. The Pplan is a conscious compromise between one extreme of doing nothing and the other of trying to completely change the area. The balance thus achieved will hopefully provide a stable and durable basis for decision making in the area. 5. In order for the area to work best, a creative partnership between the City, property owners and tenants will be is required. The Specific Plan is intended to be the foundation for that partnership and will support it more effectively than more traditional planni 'g approaches, (6, City Council adoption of the ,policies, use regulations, site development standards and design guidelines constitutes the City's commitment to property owners and the development community that it '�Arili carry out its appropriate share of the effort to maintain the lanning rea as an asset to property owners, tenants and the City as a whole. B. SUMMARY OF SPECIFIC PLAN POLICY DIRECTION The hollowing points express the most essential ideas contained in theme Pplan and constitute- s, the overall policy direction -for -the Plan which 1. Decisions about continuation, exiep,— redevelopment or new development of uses on property within the Specific Plan shall rest with the individual property mikiner. 2. Decisions about development standards to be maintained or established shall rest with the City and shall be as prescribed in this ,lan, as it may be amended from time to time. 4-.3.-.- The basic intent is for continuation of primarily commercial retail, service, and office uses, including some commerciai mixed use projects at various scales. 5. QptieRal commercial eleveleprneRt standaFds ffeseribed _. Plan Area may - -d !2y Specific Plan Amendment and Zone Change, &4. This Pplan, as amended, provides guidance for development as it could occur within approximately a 15 -year time span, or by approximately the year 202788. E The following statements represent the policy direction 'Tor the plan g- Planning ar-,ea. as a whole, as well as the distinct sections of the subject area that exhibit particular use constraints or potentials. 1. Pattern of Uses ISSUE: What is the most productive pattern of uses? ,GOAL.: The best use of property within the Specific elan area is development approaching maximum development potential whlle providing a compatible and monitored growth program, OBJECTIVES, IPO1-ICJES: Preservation of existing quality eases. 1,2 Expansion /.intensiflcation of e Isting quality uses. 1.3 Maximum possibie responsiveness to market opportunities for the each sub -area Qsee Exhibits � -� �r 3, and 4). 1.4 A prieFi Ut4ses appropriate to each sub -area. A, aintain and perpetuate a mix of commercial retail, service, and office uses in sub -area 1 with a m-jeF mete lhetel GptieR. The best use of property within the Specific Plan area which - balances maximum development potential with compatible uses and monitored growth. 2. Stimulate retail and service commercial uses in .sub -area 2. 3. Preserve the dominant retail and service commercial uses in sub- area 3, retaininq already established offices and limited resideRtial 4. Promote development, expansion or ,redevelopment teat: a. Is a permitted use; b. Meets ,prescribed development regulations; c. Is responsive to established design guidelines. 22. Condition of Existing Development 3 ISSUE: How can the overall condition our development be improved? GOAL.: A consistent quality of development throughout the area. OBJECTIVES. FOLICIES: 2.1 uMa,intenance of quality that e ,-�ists. 2.2 Improvement of development That is deteriorated or inefficiently designed. Reinforce once e;sistin private property health and sa -Tely regulations by committing City enforcement efforts to this area. 2. Allow maximum site development through relatively liberal site development standards in return -for ✓ell- conceived site plans. 3. Of er development incentives to property owners for projects that are h, ighly responsive to plan objectives. 4. Establish and administer wbaR D�!esign uideJines to assist developers in understanding and implementing the Pplan °s intent. 3. Visual Improvement ISSUE: How can the area's appearance and image be improved? GOAL: A quality physlcal appearance of both eAstinq and future development. OBJECTIVES: 3.1 Elimination of visible outside storage. 3.2 Compatible building elevations and materials. 3.3 High quality Contempt -a y landscape treatments throughout the corridor. 3.4 Achievement of an overall positive identity for -t ae area. POLICIES: 1. Require responsiveness to l:7""bCTR design -- Design e� Guidelines in plans for new development, expansion or redevelopment. 4 2. Discourage parking in front s°�G of buildings. Buildings should be located as close to the street as possible. 3. When freR rear parking is not possible, screen parking areas w,,zh landscaping materials or treatment in excess of minimum standards. 5-A. _Maintain the existing streetscape improvements, that de Rot pFesent a laFge capital expense to the Ci�r 4. Compatibility of Land Uses ISSUE: Hoti� can land sages within the specific Plan be Dept compatible with each other and with adjacent uses? GOAL: Compatible land uses which do not interfere or create health and- safe y Or me_."a' pF blems concerns for an adjacent case. OBJECTIVES: POLICIES: 4.1 Deduction of existing conflicts between uses. 4.2 Prevention of future incompatibility as new development occurs. 4.3 Use of design standards in the Design Guidelines to improve compatibility where changes in use are impractical. _Approve site plans for authorized uses which demonstrate design compaVbili�zj with acyacent uses and structures, particularly where such adjacent uses are single fa mily residential in character. __Encourage lot consolidation or integrated site planning considering development incentives. 4- 3_. Apply appropriate urban Ddesign Gguidelines to mitigate conflicts between uses where a change in use is not practical. 5. New Uses /Use Intensification ISSUE: What new uses are appropriate and feasible in the area and where .should they be allowed? 5 GOAL: Effective integration of new uses. OBJECTIVES: POLICIES: ,&.44. 1_,_, Maximum possible capture of market opportunities by propert\ otij�iners, 5-.24.2 The most effective possible use of each ,parcel of land. __Location of new uses in areas ijhich contribute most to overall improvement of the area, ,574.A-.1..' ... Efficient use of existing public facilities to support market - generated grmArth and development. Encourage primarily nev \/ retail commercial_ service commercial, and office uses in designated sub - areas. Establish and administer a system of incentives for dot consolidation or integrated planning of smaller parcels through consideration of reductions in parking requirements fee waivers for permit processing, etc. -Allow sharer] parking and access to allow maximum parcel usage. 6. Parcel Size /Configuration ISSUE: What is the best way to deal with, the variety of land ,parcels, particularly the numerous small ones? GOAL: Efficient parcel sues and configurations. OBJECTIVES: 6.14.1 Consolidation of lots wherever possible in conjunction avith anticipated quality design as set forth in this „plan, 6;2.4. 1 __Coordinated site planning and (development of ar�acent lots where consolidatdon is not ,possible. r POLICIES: � . Prov9 de lot consolidation incentives in the plan regulations. Apply incentives also for an integrates) site plan on adjacent india dually owned parcels. 26:5. Recordation of reciprocal access agreements for new development located adjacent to sites with future potential for shared ingress /egress. 3. E=RceuFage —expa, sieR ef PFeleCAS to iRdude land- -be-eRd —the plaRRn iRg Fe] bO Ur dar- ir selected Fees Site Development Standards ISSUE: What site development standards are appropriate? GOAL: A combination of standards and incentives which will stimulate quality development. OBJECTiVES: POLICIES: 7-.45.1-Site development regulations which lead to efficient use of ati�aHaf ble .space. 7-.-25.1kJFbaR Design development Gguidelines which assist in defining and describing the level of quality intended. W,35��Site development incentives which stimulate lot consolidation or cooperative site design and lead to more profitable and efficient parcel use. 5!_Safe, effective and adequate access and parking for each business enterprise. 2-.1,__Provide incentives for lot consolidation/ integrates] site planning in the Specific Plan )Regulations. 7 Include responsiveness to esign uidelines as a major consideration in site plan review and approval. .Incentives 'T ©r p1zn nz ISSUE: What ity assistance can be provided to encourage expedient implementation this Plan? GOAL: To encourage rapid rehabilitation of poorly maintained structures and uses. OBJECTIVE: POLICY: 84 .__Rehabilitation of facades ,fincluding signage) of existing structures to comply with esign uidelines of this Pplan. "6.2 Improve vehicular inter -site circulation. a- Gk Maximization of pedestrian movement and access. — —To make availabie to property owners, where possible, funding sources far rehabilitation of existing buildings and for new development, D. LAND USE CONCEPT The main idea underlying the First Street Specific Plan land use concept is to build upon the positive features already, present. They include the foilowingTher e aFe FnaRy: 1 - Half ef the use petewials identified iR the cerFideF FepFeseRt quality exist' 1 - First Street is an attractive gateway to the City that has identifiable east and west entry points at the Newport Freeway overcrossing and at Newport Avenue 2. The Specific flan emphasizes "pedestrian- friendly" design and uses to preserve the existing human scale and character. 3. Setback and height restrictions appear compatible with nearby residential uses to the north and south. 4. Mixed use with retail on the first floor and offices on the second floor is encouraged. 5. Street improvements are well maintained The Specific flan corridor has a pleasant streetscape, which includes wide medians mature trees and close proximity to an attractive City Park. Street furniture flags planters and bus shelters as recommended in the Design Guidelines can improve the existing streetscape with a more cohesive appearance and further encourage pedestrian activities A vision and plan for future improvements through the 943aTDesign Guidelines with public and private incentives and funding will achieve the desired improvements along First Street 6. There is little traffic congestion and ample parking along First Street -7. _ Pproperty owners are encouraged to make positive changes, but baiaRced by aR equally StFORg desire te- while maintain a "human scale" environment along First Street. The plan concept +s- epre ,-. itedeR a series of Exhibits. it consists of the following components: 1. Subareas (See Exhibits, <,�s, ;Ta and 34 The corridor is made up of three subareas, each characterized by a ,particular land use emphasis. Subarea 1, closest to the j�e�a,port 5R -55 Freewa�9, us a ixe�l use affice�cor mercial area (Exhibit 21. Subarea 2, either sidle our the El Camino ReaVFrospect Avenue intersections, is a transition area with an emphasis on retail commercial and service development Exhibit 3.). Subarea 3, anchored by two relatively large shopping centers facin Newport Avenue, is predominantly a retail and service commercial area, but with a strong office enclave (Exhibit 41. 9 5-2. Preservation of HUM.Fn Scale and Character Site development standards, with only a couple of exceptions, limit development to one or nivo stories directly Tong the corridor. Efforts are made through the ttYKJaR Ddesign ��j_-,uidelines to achieve a low-profile "pedestrian- friendly' environment by making it possible to move freely within each subarea from business to business. Moreover, the visual image being sought is one of human scale, not dominated by large or high close --in building masses--with streetscape and the design of the public realm, adding to a sense of place for First Street. 10 In summary, the concept seeks a bay a ce between ma5rket respons. ve expans. on on the one hand and preservation of the ba.s�cc eAstr ng stele and character on the other, II ti v E E 0 u 0 0 0 .n t Z J CL U U 4J Q ^-J nW W L 4-J v I LL m Q) L Mj .Q Ln N V- C) N N H _m i►' J Nd CL v v v a pails 13 0- pails 8 pails V lawls V v L ci H aAIJQ Mal/ UlelunoVV laa�3S ��I�ed WAS eqJOA pails alvxvy laa�3S all.i4W ti v � . Lj U ti v E E 0 u 0 0 0 .n t Z J CL U U 4J Q ^-J nW W L 4-J v I LL m Q) L Mj .Q Ln N V- C) N N H _m i►' J XL-AN le►uualua:) a�a�i� IIeH V1 any xaadsold LL any aaadsoid leaN ouiweD 13 WAS J J LU Z +- s ti u v E E 0 V U 4-- U Q) 0 k- v Lon 4-r N LL N m F- _m W Z+- ti L Q V TTc M V CL U U Q) Q M 4-J ti Q) .N 4-J N LL ND m II. DEVELOPMENT REC7ULATIONS A. INTPRODUCTION AND IN ENT These regulations constitute the primary zoning provisions for the First Street Specific Flan. These regulations are in addition to regular Zonrte Code provisions (Article 9 Land Use. Chapter 2 - Zoning -Land-me) of the Municipal Tustin City/ Code. Where there is a conflict, the regulations herein will prevail. Where direction is not provided in this Specific Flan, the M+ 4�Zoning Cone shall prevail. The overall intent of these regulations is to guide development on all development ,parcels in the Sspecific Pplan area se as to insure that each individual development project contributes to meeting the goals and objectives of the First Street area. More specifically, the regulations are intended to. Provide opportunities for economically productive business enterprises, o Establish uses and site development standards which contribute to the preservation and enhancement of adjacent single family residential environments and NA/hich promote an economically sound land use ;pattern for First Street. o Provide for the scale and nature of Wises- uses which can fie- facilitate the most efficient use of the existing development pattern as well as parcel sizes and shapes. • Achieve gradual improvement of older commercial, office and residential buildings- threugh use ch-.,�nges allowing commercial retail service and office uses that are compatible and consistent with surrounding areas encouraging; redevelopment, promoting consolidation of parcels, en_ ablina rehabilitation, emphasizing landscaping and: design improvements and promotinger any combination of these devices desired by the property ovvner�s) and supportable by the City. • Contribute to the improvement of both visual and functional attributes of First Street to help stimulate business activity. • Protect the traffic handling capacity of First Street while accommodating new development and rehabilitation. and FehabilitatiFedevelepmew. • Establish a sense of place, as well as continuity and consistency of development standards, within the Specific Plan Area. 1 2 Hetel* Motel* #Atel* office* Mixed Use** C)ffiCe* 8#ic-e Office C)ffice * c o,-4 * ** r- r- * implies lot size expaRsien beyeRd specific- plaR jimits and a Felated spec-ific plaR ameRdmeRt. Such expaRsieR may impact the pFierity ef uses (e.g., in NaRRiRg Unit 1) an expanded area may make-a +* See mixed use inceRtive, page M 20. ***These pFepeFties shall Feceive design review by NaRRiRg C-E)PP.Fn.4S5I'eR FegaFd-less ef PFiMaF-Y Use er SecGRda rj . Use. The -+ ea shall exhibit a rt n pedestFiaR emphasis. 3 The following regulations apply to all subareas a Rd Nl,RRiRg , ,,its within the First Street Specific Plan Area. All construction and development within the Specific Plan area shall comply Y \fith applicable provisions of the d ustin City Code, WnifeFm California _Building Code and the various related mechanical, electrical, plumbing codes, grading and excavation code and the Subdivision codes, as currently adopted by the City Council. _ 'Where there is a conflict, the regulations of the Specific flan will prevail Where direction is not provided in this Specific Plan the Zoning Code shall prevail However In Any case of a conflict between the specific provisions of any such code and this Specific Plan, the provision which most serves to protect safety shall apply and the Community Development Director shall resolve the conflict by Y�ritten determination in a manner consistent tiiith the goals and ,policies of this Specific Ilan. 2. The setback requirements are as specified by each use categorydi-stric4 of this Specific Ilan. All setbacks shall be determined as the perpendicular distance from the existing street right -o- Nj�jay line, or property line, to the foundation ,point of the closest structure. This shall not preclude ,pedestrian arcades or awnings from encroaching into the front yard setback area. 3. 1f an issue, condition or situation arises or occurs that is not sufficiently covered or provided for or is not clearly understandable, those regulations of the City Zoning Code that are applicable for the most similar issue, condition or situation shall be used by the Community 'development Director as guidelines to resolve the unclear issue, condition or situation. This provision shall not be used to permit uses or procedures not specifically authorized by this Specific Mara or the City Zoning Code. 4. This S= specific Plan may be amended by the same ,procedure as it was originally adopted. Each amendment shall include all sections or portions of the Specific Ilan that are affected by the change. An amendment may be initiated by the Cif Council or the Planning Commission, the general public, or City staff. Any such amendment requested by the general public shall be subject to the fee schedule adopted by the City Council. 5. Any persons, firm or corporation, whether a principal, agent, employee or otherwise, violating any provisions of these regulations shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to penalties and provisions of City Code. G. Whenever a use has not been listed as beiRg a p ' awe erndaFy use -a permitted or conditionally permitted ki, paFtie lw plallRiRg , 1r,it Glass; / -, „ ,iep a, u c.� � withiR th Specific: RaR, it shall be the duty of the Community Development Director and/or the Planning Commission to determine if said use is 1) consistent with the overall intent of the pla ^nir g LiR #- pecific Plan and 2) the said use is consistent with the other listed ,permitted or conditionally permitted uses in the Specific Planthat plaRRi, g- ura+t. GI In order to maintain and enhance vehicular and pedestrian circulation along First Street, any development occupying a parcel �Aihich is located on a corner with side street frontage v4should have vehicular access restricted to the side street only. The Community Development Director will revs evv this on a case -by case basis. Wherever a site is not on a corner, a reciprocal easement agreement will be encouragedne� . 9-.8.,_= __ . - Non -con form ing.Structures and Uses of Land (Coo Exhibit-81 Where, at the time of passageof this Specific Ran, laNA,/ful use of land exists which would not be permitted by the regulations imposed by this Specific Plan, such use may be continued so long as it remains othemAse lanfvful, provided: a. u`\Ao such non - conforming use shall be enlarged or increased, nor extended to occupy a greeter area of land than was occupied at the effective elate of adoption or amendment of this Specific l lan. b. No such non - conforming ease shall be moved in �LAihole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Specific Plan. c. if any such non- conforming use of land ceases for any reason for a period of more than 180 days, any subsequent use of such land shall conform to the regulations specified by this Specific Plan for the district in which such land is locates,- d. No additional structure not conforming to the requirements of this Specific Plan shall be erected in connection with such non- conforming use of land. 0. Non- conforming Structures Where a lawful structure exists at the effective date of adoption or amendment of this Specific Flan that could not be built under the terms of these regulations by reason of restrictions on area, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. 'lo such morn- conforming structure may be enlarged or altered in a way which increases its non - conformity but any structure or portion thereof may be altered to decrease or not affect its non - conformity. b. Should such non - conforming structure or non - conforming portion of structure be destroyed by any means to an extent of more than 50 percent of its assessed I value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Specific Flan; c. Should such structure be moved -for any reason 'for any distance vwhateveT, it shall thereafter ccnTcrm to the regulations Jcr he district In whicdh, it is located after it is me -ved. M D. LAND USE REGULATIONS IONS 1. Permitted Uses a. Subarea 1 - Neighborhood Commercial In Subarea 1 (Neighborhood Commercial) the following uses occupying no more than 10,000 square feet, shall be permitted by right where the symbol "P" appears and may be permitted subject to a conditional use permit where the symbol "C" appears in the column to the right I Retail Uses: (a) Antique shops p (b) Apparel stores p (c) Art galleries p (d) Bakeries, retail only p (e) Bicycle shops (including repair) p (f) Books, gifts and stationery P (g) Confectioneries p (h) Convenience markets C (i) Drug store p (I) Florists p (k) Furniture store p (1) General retail stores p (m) Hardware store p (n) Hobby stores p (o) Jewelry stores p (p) Music stores p (q) Neighborhood commercial centers P (r) Nurseries and garden supply p (s) Office Supplies and equipment p (t) Religious supplies p (u) Print shops p (v) Shoe stores p (w) Sporting goods stores p 2) Service Uses: al Assisted living, rest homes, extended care facilities, convalescent hospitals C (b) Banquet facilities C (c) Barber, beauty salons p (d) Dance and martial arts studios p (e) Fitness training, indoor one on one C (f) Hotels and motels (boutique) C (g) Indoor commercial recreational uses C 7 (h) Insurance agencies p (i) Laundry and dry cleaners (off site only) C (i) Locksmith p (k) Massage establishments P (1) Meeting rooms C (m) Real estate agencies P (n) Restaurants with alcoholic beverage sales C (o) Restaurants with drive thru service C (p) Restaurants without alcohol P (q) Schools, pre - school and nursery C (r) Seamstress or tailor shops P (s) Shoe or luggage repair shops p (t) Travel agencies p (u) Tutoring facilities p 3) Office Uses: (a) Accountants P (b) Advertising agencies P (c) Answering service P (d) Architect p (e) Attorney p (f) Chiropractor p (g) Collection agency p f hL Contractors and building consultants P (i) Dentist p (j) Doctor p (k) Drafting p (1) Economic consultant p (m) Engineer p (n) Escrow p (o) Interior decorator or artist studio p (p) Land and property management p (q) Land planner p (r) Oculist p (s) Optometrist p (t) Others licensed by the State of California to practice the healing arts, including clinics for out - patients only p (u) Personnel Agency p (v) Photographer p (w) Surveyor p (x) Social work p (y) Professional consultant p (z) Stock broker p (aa) Title insurance p (bb) Travel agency p 4) Community and Institutional Uses: (a) Churches, convents, monasteries and other religious institutions C (b) Fraternal organizations and Lodges C 51 Existing Single Family Residential Use /Structures Any existing single family residential structure listed within the City's official historic survey is encouraged to be preserved and used as a residence, or preserved and used as a commercial use as authorized b.� this Section and consistent with the City's Cultural Resource District Residential Design Guidelines and the Secretary of Interior's Standards for Rehabilitation. a Any existing historic single family residential structure used for such purposes is a permitted use. b The conversion of an existing historic single family residential structure to a commercial use shall comply with the use limitations identified for the Subarea in which it is located. c No commercial use of an existing historic single family residential structure shall be changed to another commercial use (L g. office to retail) without the prior approval of the Community Development Department. d Any historic single family residential structure lawfully converted to a commercial use is considered more conforming and must be maintained as a commercial use Gi Any other similar and /or compatible retail service office or communitv/institutional use the Community Development Director and /or Planning Commission deems consistent with the context of Subarea 1 listed above as permitted /conditionally permitted 7) Development Standards (a) Maximum Structural Height — 2 story 28 feet (b) Minimum Building Site Area No minimum (c) Minimum Yard Setbacks: Front: 10 feet Side: 0 feet* Rear: 20 feet 0 *Exception: 10 feet required when a side yard abuts a residentially zoned property (d) Lot coverage: No maximum: limited only by setback areas (e) Landscaping: All areas not utilized for parking building and walkways, but not less than a minimum of ten percent of the building site area shall be landscaped in conformance with the Design Guidelines of this Specific Plan area. b. Subareas 2 and 3 - Commercial In Subareas 2 and 3 (Commercial) the following uses shall be permitted by right where the symbol "P° appears and may be permitted subject to a conditional use permit where the symbol "C" appears in the column to the right. 1. Retail Uses: (a) All permitted or conditionally permitted retail uses listed in Subarea 1 subject to the use restrictions specified therein and the development criteria specified hereafter (b) Appliance stores p (c) Automobile parts and supplies C (d) Department stores p (e) Drug stores, pharmacies p (f) Furniture stores p (gJ Hardware stores p (h) Liquor stores C (i) Pet stores and supply p ()) Sporting goods p (k) Supermarkets, grocery stores p (I) Tire sales and service C 2. Service Uses: (a) All permitted or conditionally permitted service uses listed in Subarea 1 subject to the use restrictions specified therein and the development criteria specified hereafter (b) Banks and financial institutions p (c) Car washes C (d) Cocktail lounges and bars when not an integral part of a restaurant C (e) Service stations C (f) Theaters C 3. Office Uses: 10 (a) All permitted or conditionally permitted office uses listed in Subarea 1 subject to the use restrictions specified therein and the development criteria specified hereafter (b) Banks and financial institutions P (c) Insurance P (d) Personnel agency P (e) Public utility office (but not including corporate yards) C (f) Title insurance P 4. Community and Institutional Uses: al All permitted or conditionally permitted Communitv and Institutional uses listed in Subarea 1 subject to the use restrictions specified therein and the development criteria specified hereafter (b) Animal hospitals and clinics C )c) Commercial recreation facilities including tennis racquetball, bowling, ice skating, athletic clubs and similar uses C 5. Any other similar and /or compatible retail, service or office use the Community Development Director and /or Planning Commission deems consistent with . the other uses listed above as permitted /conditionally permitted. G. Development Standards - Subarea 2 (a) Maximum Structural Height - 2 story, 28 feet. (b) Minimum Building Site Area - No minimum (c) Minimum Yard Setbacks: Front: 10 feet Side: 0 feet* Rear: 20 feet *Exception: 10 feet required when a side yard abuts a residentially zoned property (d) Lot coverage: No maximum: limited only by setback areas. (e) Landscaping All areas not utilized for parking building and walkways, but not less than a minimum of ten percent of the 11 building site area shall be landscaped in conformance with the Design Guidelines of this Specific Plan area. 7. Development Standards - Subarea 3 (a) Maximum Structural Height - 3 story, 35 feet. (b) Minimum Building Site Area - 10,000 sq. ft. (c) Minimum Yard Setbacks: Front: 10 feet Side: 0 feet* Rear: 30 feet *Exception: 10 feet required when a side yard abuts a residentially zoned property (d) Lot coverage: No maximum, limited only by setback areas. (f) Landscaping: All areas not utilized for parking, building and walkways, but not less than a minimum of ten percent of the building site area shall be landscaped in conformance with the Design Guidelines of this Specific Plan area. 12 13 14 15 e .. . . . 16 17 IN a r i 19 20 E. PARKING REQUIREMENTS All parking requirements shall be subject to the provisions of the Tustin City Code. 21 22 23 b -r h .. • .. r- ��. ■. T." MffTZZ1T72TZWr.M~ .. WMrj Mrme. • F. LOT CONSOLIDATION PROGRAM Lot consolidation, for the purposes of this Specific Plan, shall refer to the legal combination of Dots or the development of multiple lots under separate ownership as one cohesively designed development. As a means to encourage lot cons oliciation Tong First Street rather than requiring it by specifying larger than presently existing lot sizes, the City Planning Commission may grant certain bonuses for consolidations exceeding a certain level. These bonuses may include relaxed height limitations, use site development sRa; d-s, parking reductions, relaxed setbacks or other such modifications as may be determined to be appropriate. 1n erdeF Jo qualify is - for a lot consolidation bonus, the total area of the lots being combined or cohesively designed must surpass the mr njmum required lost size by at least 50 percent. If a minimum lot size is not stipulated, the lots !being combined or cohesively designed are are automatically eligible for bonus prove sions. For example, two adjacent owners want to cohhesively develop their properties as one development. Froperty owner A's property is 7,500 square feet and property B's lot is 9,000 square feet. The minimum lot size requirement yonder which they are developing is 10,000 square feet. Combined, their develop ment parcelW safely exceeds 15,000 square feet Q50 percent over minimum of 15,000), therefore they may seek lot consolidation bonuses. 2 It should be specificaiiy noted Caere -that this is a corrapie-tely discretionary action of the Manning Commission. The Planning Commission is under no obligation to grant development bonuses. In addition to determining the degree of the bonus provision, they Neill also determine how well the development has addressed the -.sign uidelines of this pecific lean. Any bonuses may be granted by the Planning Commission on a case -by -case basis with past Factions riot affecting 'Future direction. Each deveiopment stand on its own merit. The foilowing bonus provisions are av ailable but shall not be limited to; Farking reclUctions Height relaxat on Lot coverage relaxation Reduction or waiver of processing fees 25 G. MIXED USE INCENTIVES Development and construction of buildl ngs incorporating retail commruerclal or service commercial uses on the street level with an equal or greater amount of square -footage relative to the offte space on the upper floor s shell be exempt from all site development standards except for height and parking. The development + shall be responsive to the esign uidellnes �°� ewev r. 26 H. rCCJu J Sro U L)/\ir, :'D PARKING /ACCESS BONUS Any development proposal which incorporates either consolidated parking or a reciprocal access agreement �Mth are adjacent b"., -use may be eligible -for the Consolidated Parking /Access !Bonus. The bonus sell be an overall reduction Of required parking spaces by 20 percent (20%). 27 L PLAN ALL)MINISTRATION 1. General All regular dministrative provisions of the Tustin Mu TT-Zoning Code sell apply to all properties within the First Street Specific Plan boundaries, including but not limited to Design Review, Zoning Permits, Conditionai Use Permits, Vafiee-s Appeals, Amendments, public notice and hearing provisions. The provisions herein add to or supplement the above - referenced provisions. 2. Administrative Review In order to further encourage the development and rehabilitation of permitted uses within the First Street Specific Plan area,permitted .e,i +hin �Il r�l�nnir,n 944its, the review of plans which have deyeleped for a permittecIPFima use shall not -' ed -^' through the Planning Commission unless be required to -- proce °, a; they are conditionally permitted uses. The Community Development Department shall review and comment on all matters of the application, and a final determination on the plan shall be rendered by the Community Development Department. The Planning Commission may at their discretion suggest design modifications consistent aj✓ith the desigR -Qesi n e4ResGuidelines. Any project having development plans approved by building permit issuance or land use permit prior to the adeptisra -- amendment of this Specific Plan shall remain approved without amendment. fewmrded to the Manning (`ommi« ion as an_informatien item 3. Site Ilan I —eview a. Method and Purpose The First Street Specific Flan shall be implemented through the use of Site Plan Rreview. A Site Plan shall be required for all rehabilitation, redevelopment, expansion of existing use or structures and new development within the Specific flan area requiring a building permit. o site plan will not be ron„iFeel use inteRsifii-� This requirement is instituted for the following reasons: 1, To ensure consistency w� th the intent of the Specific ,Plan. 2. To encourage innovative community design and development, 3. To assure substantial long -range compliance with the Redevelopment Plan and General Plan. 4. To promote the highest contemporany standards of site design. 5. To adapt to specific or special development conditions that occur from time to time while continuing to implement the Specific Flan. 6. To facilltate complete documentation of land use entitiernents authorized and conditions pertinent thereto. b. Applicability Approval of a Site Nolan shall be required .prior to or concurrent with a Conditional Uuse Epermit, Tentative Tract , or Parcel Mn4ap for all proposed projects within the Specific Plan area. Where no Tentative Tract or Parcel Ma4ap is required, approval of a Site Plan shall rest with the Planning Commission except in the case of permittedpOmafy uses. The Ssite Plan process shall be similar in its requirements and procedures to the Conditional se ermit process yin the City of Tustin. The ems - primary difference (between the t�fvo is the simpler administrative review procedure for development protects which are consist of . 'tam permitted uses. +R their respective f lanniRg 1 Rit 29 Appendix A Design Guidelines (Separate Document) Appendix B 1985 Market Analysis (Separate Document 30 APPENDIX C CURRENT- 1985 AND 2012 CONDITIONS SUMMARY TR ATefeF fe the study to -4m Tto --formulate what some of the peteRtialS -- opportunities and constraints of the Specific flan Area were in 1985, certain basic mapping tasks _ were performed. These tasks ultimately d„ -,--c�assisted the study team to conclusions about what wasis there and how it relateds to the goals of the study. The twee -two cuFFeRt 1985 conditions exhibits discussed here include; o existi 4g -1985 land use • 1985 zoning i-.wnership patt@Fi4s 1. €xisting-1985 Land Use The exist -1985 land use exhibit con-firmed much of what the study team had generally been told about the area. Land uses are -were generally well mixed with retail commercial and office development the most predominant. Also, the area generally beca rne less commercial in nature as one traveled in a westerly direction from .�lewport Avenue to the u'\9ewport Freevvay 155 FreewayJ. A small family of auto - related uses on the north side of First Street near El Camino Real was also Mound. (Residential properties were the predominant non - conforming use along the corridor. See Exhibit 59. Existing (20124-.1 Land Use The existing land use exhibit demonstrates that there is a mixture of commercial retail, service, office, and residential uses along the First Street corridor. As shown in Exhibit 6, there is only one vacant lot within the Specific Plan area. 2. 1985 Zoning The Zoning Prior to the 1985 First Street Specific PlanzeR+RTexhibit coupled with the egg -1985 First Street Existing ILand 4: Uses exhibit posed striking observations from the study team. The one distinctive conclusion made was the proliferation of commercial zoning at the western end of First Street and the general lack of primary commercial uses located there. The other fairy obvious notation about the zoning configuration was the lack of depth presented by the commercial zoning with medium and low density residential zoning immediately to the rear Hof First Street properties. The 'area is ZeRed much like -Y StFip commercial Fe . See E.� Jii�49j��_'_ -0. 2012 Zoning In 2012, a Specific Plan Amendment was approved that corrected minor zoning inconsistencies created by the 1985 adoption of the Specific Plan and its boundaries, i including restoring the zoning for large residential land uses to that previously established in 1985. Also the less intensive built environment existing at the westerly end of First Street was preserved by revising the zoning designation to Neighborhood Commercial while preserving the more urban commercial built environment existing at the easterly end of the street. In addition, auto repair, single family residences and other previously prohibited uses were reintroduced as permitted or conditionally permitted uses in the Specific Plan. ii Q 0 ti 7ti E E ruz 0 u CL CL c U -9 Lr— cn C U 4-1 Q) CL L/) 4-a 4—J V) 4-J 4.4 4-J 12 L/I ir- 4—J Lo 00 LL U V W > o o 'U H u E n k_ C C /�r �V C: V U ' W L W V) W w 1 4-J v v 4.J v i 4.1 +-j v, 4 u' N '-- © LL N m v c 2 r1 ti "u v E 0 v ti c v v o, c Y ti c C B 0 u ti L Qj E 0 u ti c v u ti v C Qj V 'u v E E 0 u c °J Q) Q) v c ru E u- E U- N u _v Q C L ct: ti 0 En LZ _v --7 IIIIIIJI r-- ► V _ U �U 4J L-n - Q Os ti 4-J v u J u v o +, L Q Q • Q.. 1-J % ✓ 4-J c Qu L n •C +.J ~ H m V- N CL �5 APPENDIX D FIRST STREET SPECIFIC PLAN OPPORTUNITIESPOT€AITLAlS AND CONSTRAIN75 SL1VA\j1/ ,'R Y A major iRg t- component in the preparation of a Specific Flan in an already developed area is the careful examination and analysis of existing physical conditions (sump- ,arized in ar,r eRdiX C). The next important step is the identification of physical opportunitiesp is and constraints against which, the market opportunities can be measured. These factors, combined with public input and policy /technical direction from the !City, are the ingredients used in shaping the content of the plan. This existing conditions summary and map were used in 1985 in part to identify the issues, goals, objectives and policies in Chapter ll of the Specific Flan. The potential measures were evaluated -for potential use in the regulatory guideline portions of the ],,a n. The First Street corridor is an area of distinct contrasts. On one hand, certain commercial properties have well designed, intensively used developments, particularly the ones located at the eastern terminus of First Street at ]Newport Boulevard, Valhile a few blocks west of El Camino Real the buildings exhibit an older, less consistent image, where underutilized developments are more prevalent. Analyzing First Street at the Specific Plan level, it becomes apparent that the street should continue to be planned as a cohesive whole N\jith concentrations of "fa ]lies of uses" dominating certain sections of the street. 9n many revitalization situations similar in nature to First Street, the initial reaction might be to correct problems with long range, costly and controversial remedies. These remedies Typically take the form of inflexible mandatory regulatory formats for new development. Such approaches do little to stimulate private commercial development. The 0 of Justin was and is�s interested In providing catalysts for change by providing regulatory „opportunity„ through the judicious use of revised site development standards and the stimulus of incentive or bonus provisions. It - -was The PlaRnir^ CeRter'sthe consultant team's goal in 1985 to prepare a pro - !business, pro- economic strategy ,plan designed to solve immediate physical problems as well as offer long -range programs for ongoing prgJect -wide improvements. Certain pet opportunities and constraints have been identified thus far and are summarized below. See Exhibit 8 for a visual depiction of the opportunities and constraints identified in 1985. City / f OpportunitiesPetentialss iii o There are several large cohesively designed shopping centers in the area. o Relatively fe�Al buildings are in poor condition. There are recent instances of quality redevelopment/ development tijithin the area, o Peppertree Farm, lthough not Awithin the specific plan boundary, contributes a special landscape atmosphere which relates to the corridor. • Most revitalization opportunities will occur in small, identifiable pockets vvc PFespea [1yeR Io • The entrap to El Camino Real offers a special historical streetscape element nearly in the middle of the protect area, offering a central node of development -for First Street. • Prospect Street, the major north -south traffic carrier through the project area is located in the center our the area, reinforcing the activity node provided by El Camino Real. First Street has identifiable east and west entry points at the i'\leasrport Freeway and Ne��port E oulevard. • The present streetscape system on First Street contains good elements which can be incorporated into the proposed plan. The medians witl a turf and well - established olive trees compliment the existing Ficus nitida. The curbside amenities �street furniture) fulfill functional needs but mavde not add aesthetically to the streetscape scene. The acceRt paving pFeseRtly LlSed:-GR -E=I Ca..MiRG Real could easi[y be added te the sidewalks on FiFst StFeet to improve the visual quality of the aFea. 12FeSeR adjusted. EXiStiRg trees aFe lifting the sidewalk aRGI iR maRy cases the plaRtiRg weRs GeRtai.. eR!y harts dirt • The project area has a series of equally spaced nodes or intersections that, when developed and enhanced, would help shoppers along its entire length. • There appears to be little traffic congestion in the study area in relation to other commercial areas in southern California, with the most serious peak hour congestion occurring on the east /west peripheries. Constraints • Circulation. iv There is a lack of convenient inter -site circulation, in that vehicles must generally enter First Street to access the adjacent site. o Afted Land Uses. o While a mixture of land uses can add excitement to an area, in the case of First Street there no cohesive Tamil of uses which encourage spontaneous shopping or strolling, etc. In fact, many acyacent land uses are incompatible with one another. o Scattered Retail Uses: The existing retail uses which comprise the First Street Specific Plan area are too dispersed. The area exhibits the physical characteristics of strip commercial development but without enough truly auto - related retail uses to capitalize on its linear shape. * Poorly maintained (buildings, iec .. c-aRt 198: • Some properties within the Specific Plan area are in need of maintenancei� there maladies. AlonaThe west end ref Furst Street, iR particular-, exhibits the gFe-.test incideRe-e „f yacl�,t -s, there are non - conforming uses, vacancies and older, poorly maintained buildings. o Lack of Freeway Entry Newport S( R_551 Freeway); o One of First Street's major -,'Feblems constraints is its lack of direct Freeway access, both vehicular and visual. uAAoreover, entry at Newport Avenue doesn't offer a Y agy excitiRg OF different visual statement either. o Small, shallow development parcels. Commercial development on single, shallow lots does little to promote . viable large commercial centers on First Street 9such as Larwin Square or The Courtyard), The most successful commercial and office developments have assembled and consolidated lots along and behind First Street. o Inconsistent Development Standards. The inconsistent mixture of architectural styles, parking configurations, setback and landscape requirements, while offering a variety of individual site conditions lacks any cohesiveness which could tie all of these varietal standards together. This gives First Street no sense of co hesiveness or commercial identiiy. Potential Measures The following analysis outlines, iR a SheppiRg liSt feFFRat, a rnyFiad of programs which might be able to take advantage of the area's opportunities peteRtials iR to improve some preblem challenging conditions. It is by no means inclusive or a final recommendation. This list is simply a compilation of some ideas that have been successfully applied in situations similar to First Street. See Exhibit -4-2--. Consolidate sell lots �eitde,r through private land assembly or coordinated site planning), developing more efficient use our land, creating a more efficient building site, and providing a non - strip commercial atmosphere. Depth needs to be established where possible. Establish development incentives for providing off street parking with improved inter- properta circulation opportunities. These development incentives could be the relaxation of certain development standards for more efficient parking design or streetscape amenities, Form a Business Improvement District to guide project -�AMde improvements. This could be similar in nature to a merchant's association in a mall or shopping center. It could be self policed; it could solve problems ouf tifvho cares for shared parking lots; it could even sponsor promotional events, ® Provide alternatives to front setback parking lots, • Establish new, comprehensive site development standards unique to the area, IF- ._ Wv- • Develop an improved streetscape program compatiblec^�m with tae established Fl Camino Real improvements, o Establish consistent, _yet fle xible, sign controls, • Create pedestrian points of interest to enhance a linear pedestrian route along First Street, o Grant development bonuses to businesses which utilize storefront canopies and plazas to enhance the pedestrian , overnent from property to property, • Develop means for FRere aggressively dra�jv�incg vehicles from nearby Newpsr-t Freeway exits at Main Street Irvine Boulevarel_ and Newport Avenue to First Street. A A� anPU r.�ain welurn�W _- 1' • laallS egloA •. ..._ W [+ Z �o f j ION € 3ifi8 N dl _ a �g ■ ■ y s ■ • ■ • ��6t8 w F1' lead oulweJ 13 ° s t i • rcpt gp; • 5 l6 �3 a .anuany euapm. . C N F 0l H � C O « .N o a Z3 ip C �i � u t C S m 0 V V = a v E E m O r E w o C° o a J V u C 0000 •i +-J o U U � Q 0, Lu 4-J c 4� :3 p CL 4-J Lf1 L 0 LL H V, X !� LLi vii APPENDIX F FIRST STREET SPECIFIC jP L/,1V\1 PLANNING PRA ESS This appendix documents the process by which the First Street Specific Ilan was prepared and considered. Date Event July 2, � 985 Request -for J roposal distributed by City to potential consultants. Contained a carefully worded scope of work and statement of objectives. August 23, 1985 The Planning Center authorized to begin work. August 28, x 985 Detailed scoping meeting between City Staff and consultant team. September 30, 3 985 Progress review meeting with City Staff and consultant tea Focus on issues potentials and constraints. October 24, i 985 First public town 'hall meeting held to explain planning effort, sure market and physical conditions information and gain insight from the public be -fore beginning plan formulation. October 25, 1 985 Consultant team began plan preparation. November 12, i 9, 85 F lanning Commission workshop to present findings, summarize public input and obtain commission comments. City Council members invited to hear briefing. November 5, 1985 Presentation of draft plan to joint City CounclV lanning Commission workshop. Opportunity to expose 'them and interested public to den,5 ils of the plan, provide council and commission members the opportunity to question consultants, and discuss possible resolution of issues embodied in the plan, !December 9, 1985 Formal public hearing on plan by the Planning Commission. Direct testimony received from public, with responses by both consultants and staff. December 16, 1985 Formal public hearing on the plan by the City Council. Consideration of Planning Commission recommendation, public testimony and both consultant and sta fu reports and Viii responses to questions. flan adopted, January 25, 2011 Planning Commission workshop to consider an update to the First Street Specific Plan March 22, 2011 Continued Planning Commission workshop July 24, 2012 Draft First Street Specific Plan Amendment distributed to the Planning Commission. September 14, 2011 Public workshop on the First Street Specific Plan October 23, 2012 Tustin Planning Commission adopts Resolution No 4209 recommending that the Tustin City Council approve Specific Plan Amendment 2012 -001. The process, highlighted by these key dates and events, was accompanied throughout the project life by a nervy close and constructive staff/consultant communication that resulted in clarifying a great number of technical questions as needed so that policy issues could be focused upon by the public, the Planning Commission and the City !Council. The quality of this working relationship was the major ingredient in completing the plan in an unusually short ,period of time. M APPENDIX G GENERAL PLAN CONSISTENCY Section 65860 of the California Government Code requires that zoning be consistent with a jurisdiction's General Plan. The dominant element of the City of Tustin General Plan relevant to the First Street Specific Plan Area is the Land Use Element. The eRtire p!aR. iRg area desigRated fee cemmerc-ial use. As defilled iR the GeRer-al PlaR, this Wild use categeFy is cumulative The City's General Plan Land Use Element designates the area as PC CommerciaVBusiness. Under this land use designation a mix of commercial and office uses such as hotelfmotels commercial centers research and development and professional offices are permitted The First Street Specific Plan is consistent with the following General flan goals and policies: GOAL 1: Provide for a well balanced land use pattern that accommodates existing and future needs for housing commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services Policy 1.8: Provide incentives to encourage lot consolidation and parcel assemblage to provide expanded opportunities for coordinated development and redevelopment. GOAL 5: Revitalize older commercial industrial and residential uses and properties. Policy 5.2: Provide development incentives to facilitate the consolidation of individual parcels along the City's commercial corridors. GOAL 7: Promote expansion of the City's economic base and diversification of economic activity Policy 10.6: Encourage the integration of retail or service commercial uses on the street level of office projects through flexibility in site development standards. Policy 10.7: Encourage the consolidation of individual parcels /consolidated site planning and parking and access along First Street and in Old Town through utilization x of development incentives such as reduced parking height bonus lot coverage relaxation, allowance for secondary uses fee waivers and /or financial assistance in land acquisition and /or infrastructure improvements. Policy 10.9: Review the First Street Specific flan including modifications to the flan which would consider issues associated with eliminating and prohibiting future automobile service - related uses and restrictions on the expansion of existing automobile service related uses. The plan responds directly to the fiFst geal these goals and policies by providing -for appropriate commercial retail, service, and office uses. It responds indirectly to —the sect EI gaarby reinforcing successful development and stimulating both economic growth and aesthetic improvement on the peFipher of the t.,., n renter First Street. The l'plan effects a change not so much in the nature of uses along First Street but the balance, arrangement, development standards and design characteristics of office, commercial and specialized uses so that they will be more responsive to market opportunities and enhance the First Street corridor. The First Street Specific Flan is therefore consistent tiAiith the !City our Tustin General Flan. X2 APPENDIX I —17ET SPEC PLAN �Arl►r 1. The proposed commercial and office development is consistent in intensity and character with the City °s adopted General Plan. 2. Reasonable alternatives to the plan and their implications have been considered. 3. The scope and depth our plan analysis are commensurate kjOth the level of detail contained in the plan and the specificity of land use entitlement its adoption authorizes. 4. The various components of the plan as well as the plan in its entirely are sensitive to the environmental and public policy impacts of the proposed development. 5. Appropriate mitigation measures are incorporated in the plan to insure that concerns identdfied at this level of planning are resolved as part of the more detailed site plan revietiAj which must be completed Coe -Tore private development may proceed. 6. Administration of the plan is thoroughly integrated into the City's development processing system. 7. All subjects required in a specific plan by the California Government Code and applicable City ordinances are approprlately anti adequately covered. 8. Adequate time and opportunities have been afforded interested organizations and members of the public to comment on or propose changes to the plan iT they so desired. 9. The level of development direction established by the plan is sufficient to eliminate the need fora continued development moratorium in the first Street corridor. ��1 a 4 k. W l� p vii N T v tI: _ > E 'E E � O i ti V cl 0) :3 v c v°°j U RI K oe 1.1 v A U C Q O1 O O N N W ti 000 V U •u V -J C JW` T W p LL N B u ti 0 C N v E E E� U C E v l� o ��' E ° .E E E U t " W E E = `- n p v U U V N c c c ti w U N v U l7 v a I n ry a m B a a I u A a H PCIHITI a 4 k. W l� p vii N T v tI: _ > E 'E E � O i ti V cl 0) :3 v c v°°j U RI K oe 1.1 v A U C Q O1 O O N N W ti 000 V U •u V -J C JW` T W p LL N Attachment 4 Planning Commission Resolution No. 4209 and Meeting Minutes of •i' RESOLUTION NO. 4209 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT 2012-001 (ORDINANCE NO. 1414), INCLUDING AMENDMENT OF THE TUSTIN ZONING MAP; AND GENERAL PLAN AMENDMENT 2012-001, TO PROVIDE A GENERAL UPDATE TO THE FIRST STREET SPECIFIC PLAN. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That the First Street Specific plan was adopted on December 2, 1985. At that time, the First Street Specific Plan was envisioned as a 15-year document. B. That property owners, real estate professionals, members of the Tustin Planning Commission, and staff have identified that the First Street Specific Plan is outdated and in need of amendment. C. That on January 25, 2011 and March 22, 2011, the Tustin Planning Commission held public workshops to identify and discuss the strengths and weaknesses of the First Street Specific Plan, and to identify necessary revisions that should be considered. D. That on September 15, 2011, Community Development Department staff held a Community Workshop with affected property owners and other interested parties to further identify and discuss the strengths and weaknesses of the First Street Specific Plan and necessary revisions that should be considered. E. That on September 25, 2012, the Planning Commission held an additional public workshop where staff presented the proposed amendment of the First Street Specific Plan, including amendment of the Tustin Zoning Map and General Plan. At that time, the Planning Commission directed that the matter be scheduled for formal action by the Planning Commission and City Council. F. That the proposed amendment of the First Street Specific Plan requires revision of the Tustin Zoning Map to reflect recommended Specific Plan Planning Area boundary changes. G. That General Plan Amendment 2012-001 is proposed to implement minor text revisions and map modifications related to the proposed amendment of the First Street Specific Plan, and implementing a general update requested by the Orange County Airport Land Use Commission and Sphere of Influence boundary changes approved by the Orange County Local Agency Formation Commission. H. That a public hearing was duly called, noticed, and held on Specific Plan Amendment 2012-001, including amendment of the Tustin Zoning Map, and Resolution No. 4209 Page 2 General Plan Amendment 2012-001 on October 23, 2012, by the Tustin Planning Commission. That Specific Plan Amendment 2012-001, including amendment of the Tustin Zoning Map, and General Plan Amendment 2012-001 are considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA"). An Initial Study and findings for a proposed Negative Declaration have been prepared regarding this project for consideration and recommendation by the Planning Commission. In compliance with the State CEQA Guidelines, the Initial Study and Draft Negative Declaration was made available for a 20-day public review and comment period from September 27, 2012, through October 23, 2012. A Notice of Intent to adopt a Negative Declaration will be prepared for subsequent City Council consideration since the City Council is the final approval authority for the project. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1414 approving Specific Plan Amendment 2012-001 attached hereto as Exhibit A; and, approve General Plan Amendment 2012-001 attached hereto as Exhibit B. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 23rd day of October, 2012. T OZAK o Chair son ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4209 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of October, 2012. 'ELIZABETH A. BINsACK Planning Commission Secretary In the interest of conservation, Exhibits A and B are not provided here but can be viewed as attachments to City Council Ordinance No. 1414 and Resolution No. 12 -103 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION OCTOBER 23, 2012 7:00 p.m. CALL TO ORDER: Given INVOCATION/PLEDGE OF ALLEGIANCE: Chair Kozak ROLL CALL: Chair Kozak Chair Pro Tern Thompson Commissioners Altowaiji, Eckman, and Moore Staff Present Elizabeth A. Binsack, Director of Community Development M. Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Stonich, Senior Planner Joe Pearson 11, Planning Intern Tom Vo, Planning Intern Adrianne DiLeva, Recording Secretary PUBLIC CONCERNS: Chair Pro Tern Thompson noted for the record that he will need to leave the meeting at 8:00 p.m. this evening. CONSENT CALENDAR: Approved 1 APPROVAL OF MINUTES — OCTOBER 9, 2012, PLANNING COMMISSION. RECOMMENDATION: That the Planning Commission approve the minutes of the October 9, 2012, meeting as provided. It was noted by the Assistant City Attorney that the minutes of October 9, 2012, should be approved in two separate motions, due to Commissioner Altowaiji's abstention from hearing item three. Motion: It was moved by Thompson, seconded by Eckman, to move item three. Motion carried 4-1. Commissioner Altowaiji abstained, Minutes — Planning Commission October 23, 2012 — Page 1 of 7 Motion: It was moved by Altowaiji, seconded by Thompson to move the SWAA L remainder of the minutes. Motion carried 5-0. It should be noted that item three was heard before item two during the progression of the meeting. PUBLIC HEARINGS: Adopted Resolution 2. SPECIFIC PLAN AMENDMENT 2012-001 (ORDINANCE No. 4209 as amended NO. 1414) INCLUDING AMENDMENT OF THE CITY OF TUSTIN ZONING MAP, GENERAL PLAN AMENDMENT 2012-001 TO PROVIDE A GENERAL UPDATE TO THE FIRST STREET SPECIFIC PLAN. The Planning Commission held public workshops on the First Street Specific Plan on January 25 and March 22, 2011. On September 15, 2011, Community Development Department staff held a Community Workshop with affected property owners and other interested parties. The purpose of all three workshops was to identify and discuss First Street Specific Plan document strengths and weaknesses with the intent of identifying necessary revisions that might be needed. MISSION,! On September 25, 2012, the Planning Commission held an additional public workshop where staff presented the proposed amendment of the First Street Specific Plan. At that time, the Planning Commission directed that all discretionary actions needed to implement the proposed amendment of the First Street Specific Plan be presented for formal action at their meeting of October 23, 2012. Generally, the Amendments: 1. Address residential uses; 2. Eliminate expansion areas; 3. Eliminate the hopscotch zoning pattern of primary uses so that retail and office uses can occur anywhere in the District; 4. List auto repair as a conditionally permitted use; 5. Update parking, development, and use regulations; 6. Revise First Street Specific Plan Boundaries to include or exclude entire properties; 10-1 7. Eliminate references to the Community Redevelopment Agency; Minutes — Planning Commission October 23, 2012 — Page 2 of 7 8. Eliminate the First Street Specific Plan's tow-tier system of supporting primary uses and discouraging secondary uses, and; 9. Update First Street Specific Plan Design Guidelines. ENVIRONMENTAL ANALYSIS - DRAFT NEGATIVE DECLARATION: The California Environmental Quality Act requires an analysis of a project's potential impacts prior to formal consideration by the appointed decision maker. Consistent with CEQA, a Negative Declaration has been prepared in support of the proposed amendment of the First Street Specific Plan and associated amendment of the General Plan. The proposed GPA 2012-01 and SPA 2012-01 are considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA"). An Initial Study and findings for a proposed Negative Declaration have been prepared regarding this project for consideration and recommendation by the Planning Commission. In compliance with the State CEQA Guidelines, the Initial Study and Draft Negative Declaration was made available for a 20-day public review and comment period from September 27, 2012, through October 23, 2012. A Notice of Intent to adopt a Negative Declaration will be prepared for subsequent City Council consideration since the City Council is the final approval authority for the project. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4209, recommending that the Tustin City Council adopt Ordinance No. 1414, approving Specific Plan Amendment (SPA) 2012-001, including amendment of the Tustin Zoning Map; and, approve General Plan Amendment 2012-001, incorporating the associated changes to the General Plan with other minor updates. Ogdon Gave a presentation of the item and noted that a minor change was made to Appendix E of the First Street Specific Plan updating the recent dates of workshops and the public hearing, as well as modifying a typographical error in the Ordinance. Im IN Planning Commission questions included: the existing use of the PD zone which is being removed; impact of the First Street Minutes — Planning Commission October 23, 2012 — Page 3 of 7 Specific Plan on the community; and an approximate timeline for when the First Street Specific Plan will be refreshed. §1 gism", The public hearing was opened and closed at 7:34 p.m. with no members of the audience stepping forward to speak. Altowaiji Inquired on public feedback received regarding the FSSP. Had no additional concerns regarding the project. Moore Stated the document has been greatly improved and appreciated how staff will continue to revisit the document to work on the long- term updates. Is in support of approving the item. Eckman Echoed the comments of his fellow Commissioners and stated that with staffs continued work on the document it will only get better over time. Thompson Stated staff has done a great job with public outreach on this project, and also liked the objectives for long-term goals in updating the document. Kozak Congratulated staff for their work on the project and stated that the final product is a great collaboration with the public, members of the Commission, and staff. Added that he would like to eventually integrate mixed-uses into First Street and improve the street design to include bus turnouts. Motion.- It was moved by Altowaiji, seconded by Eckman to adopt Resolution No. 4209 as amended. Motion carried 5-0. Adopted Resolution 3. REVOCATION OF MASSAGE ESTABLISHMENT No. 4208 as amended PERMIT FOR WD MASSAGE, 13846 RED HILL AVENUE. In response to law enforcement observations of suspicious activity, the Tustin Police Department conducted an undercover investigation of WD Massage on August 31, 2012, and made an arrest for prostitution. Pursuant to Tustin City Code Section 3721, the Planning Commission may revoke a massage establishment permit for any of several reasons, including violations of the Tustin City Code and Statutes of the State of California. d PERMITTEE: Yun Zhao Deng 27111 Mariscall-ane Mission Viejo, CA 92691 Minutes — Planning Commission October 23, 2012 — Page 4 of 7 PROPERTY OWNER: Howard Abel 125 Baker Street, E #208 Costa Mesa, CA 92626 PROPERTY LOCATION: 13846 Red Hill Avenue ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; therefore it is not subject to CEQA. RECOMMENDATION: Adopt Resolution No. 4208 revoking the massage establishment permit issued to Ms. Yun Zhao Deng for WD Massage. Reekstin Gave a presentation for the item and noted that an additional item was added to the Resolution, indicating that WD Massage stopped operating after the business license was deemed invalid. Commission questions included whether a business license has ever been granted after invalidation of the original license. Commission deliberation of the item included a consensus to revoke the massage establishment permit based on facts of the matter given in staffs report and Resolution. The permittee, Ms. Deng, or a representative of the permittee, was not present to provide testimony to the Commission during deliberation of the item. Motion: It was moved by Thompson, seconded by Altowaiji, to adopt Resolution No. 4208 as amended. Motion carried 5-0. Received and filed 4. SUMMARY OF PROJECTS. The following is a list of projects and activities since the Summary of Projects report provided at the July 24, 2012, Planning Commission meeting. The list focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Minutes — Planning Commission October 23, 2012 — Page 5 of 7 RECOMMENDATION: That the Planning Commission receive and file this item. Gave a presentation of the item. The Commission thanked staff for the informative presentation. There was no formal motion for the item, and it was received and filed. STAFF CONCERNS: The Assistant City Attorney clarified that she misspoke at the prior meeting regarding CUP 2012-10 for the Wilcox Manor. Stated that the CUP would need to be tied to the land and could not be tied to the property owners as previously conditioned by the Planning Commission. The Director added that although the CUP runs with the land, subsequent property owners are required to agree to the conditions imposed in the CUP and remain accountable for ME 7011 complying with the conditions. The Director reported that the Mayor's Thanksgiving Breakfast is upcoming, and stated that the Commission should have received an invitation to RSVP. COMMISSION CONCERNS: Altowaiji 0 Had nothing to report on this evening. Moore • Reminded everyone to vote and that the Dino Dash is upcoming; • Inquired regarding the road improvements near Jamboree and the 5 Freeway. Eckman • Reminded the audience to let their voices be heard by voting; • Attended the PDAOC Forum; • Thanked staff for the assistance they provide to the Planning Commission. d0n. Thompson Attended the opening of the Fitness Zone at Frontier Park �111 and congratulated the Parks and Recreation Department ZEN on this new addition; Minutes — Planning Commission October 23, 2012 — Page 6 of 7 Thompson cont. • Attended the PDAOC Forum and was impressed with the development activity around Orange County; • Appreciated the City Council candidate debates; • Attended the OCTA Citizens Advisory Committee meeting, will be updating the City Council soon on the details of the meeting; • Attended the Old Town Art Walk and conducted tours of Old Town. Kozak Thanked staff for the opportunity to attend the PDAOC Forum; • Attended the City Council candidates forum; • Enjoyed the Old Town Art Walk and stated it was well- attended; • Echoed the comments of his fellow Commissioners to vote on November 6 th 8:02 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, November 13, 2012, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. ktr"va' /STEV"OZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes — Planning Commission October 23, 2012 — Page 7 of 7 Attachment 5 Ordinance No. 1414 adopting Specific Plan Amendment 2012 -001 (Update of First Street Specific Plan) ORDINANCE Na 1414 AN ORDINANCE OF THE CITY COUNCIL OF THE LlTY OF TUSTIN, CALIFORNIA, APPROVIN0 SPECIFIC PUN AMENDMENT 2012 -001, 9NCLUDING AMENDMENT OF THE TUSTIN ZONING MAP, TO PROVIDE A GENERAL UPDATE TO THE FIRST STREET SPECIFIC PLAN. The City Council of the City of Tustin does hereby ordain as follows: SECTION ION 1 . The City Council Minds and determines as follows: A. That the First Street Specific plan was adopted on December 2, 1985. At that time, the First Street Specific Plan was envisioned as a 15 -year document; B. That property owners, real ,.?.state professionals, members of the Tustin Planning Commission, and staff have identified that the First Street Specific Plan is outdated and in need of amendment; C. That on January 25, 2011 and March 22, 2011, the Tustin Planning Commission held public workshops to identify and discuss the strengths and weaknesses of the First Street Specific Plan, and to identify necessary revisions that should be considered; D. That on September 15, 2011, Community Development Department staff head a Community Workshop with affected property owners and other interested parties to further identify and discuss the strengths and weaknesses of the First Street Specific Plan and necessary revisions that should be considered; E. That on September 25, 2012, the Planning Commission held an additional public workshop where staff presented the proposed amendment of the First Street Specific Plan, including amendment of the Tustin Zoning Map and General Plan; F. That on October 23, 2012, a public hearing was duly called, noticed, and held by the Tustin Planning Commission whereupon the Commission adopted aesolution No. 4202 recommending that the City Council approve Specific Plan Amendment 2012 -001, including amendment of the Tustin Zoning Map, and General Plan Amendment 2012001; G. That on November 20, 2012, the Tustin City Council adopted Resolution No. 12 -101 approving the Negative Declaration and Initial Study prepared for Specific Plan Amendment 2012001 (Ordinance No. 1414) and General Plan Amendment 2012 -01, to provide a general update of the First Street Specific Plan. That on November 20, 2012, the Tustin City Council adopted Resolution No. 12-103 (General Plan Amendment 2012 -01), ensuring that Specific Plan Amendment 2012001 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 First Street Specific Plan area. Ordinance No. lzu Page 2 1. Achieve balanced development; 2. Ensure that compatible and complementary development occurs; 3. improvo city -1 Ada- urban design; 4. Promote economic s,�panslon and diversification; and 5. Strengthen the dmislopment character and mixturs of uses in the Old 1'm,ain4Pirst Street area. S -CTiON 2. Specific Plan Amendment 2012-001 is hereby approved. The First Street Specific Plan is hereby amended, including amendment of the Tustin Zoning Map, as provided in Attachment A. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 20'h day of November, 2012. JOHN NIELSEN MAYOR ATTEST: PAMELA STOKER CITY CLERK STATE O� CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN CERTIMCATION FOR ORDINANCE NO. 1414 PAMELA STOKER, City Clerk and ex- officio CiSTk 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. 1414 was duly and regularly introduced and read at the regular meeting of the City Council held on the 201°' day of November 2012, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the _ day of 2012, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Attachment 1: Amendments to the First Street Specific Plan, including amendment of the Tustin Zoning Map. Attachment 1 Ad John Nielsen, Mayor Al Murray, Mayor Fro Tern Jerry Amante, Councilme ber Deborah Gavello, Councilrnember Rebecca " Beckie" Gomez, Councilrnember Planning Commission Steve Kozak, Chairperson Jeff Thompson, Chairperson Fro Te m Wis3m "SBm" AltMMBbi, Commissioner Ken Eckman, Commissioner Fred Moore, Commissioner Z �'taff Elizabeth A. Binsack, Director of Community Development ' Ana L. Ogdon, Assistant Director of Community Development, AICP Scutt Reekstin, Senior Planner Army Stonich, Senior Planner, AICP Joe II earson II, Planning Intern Suzanne Schwab, Former Flanning Intern Original document adopted by Planning Commission ission resolution No. 2228 on December 9, 1 985 Original document adopted by City Council resolution No. X35 -125 and Council Ordinance No. 961 on December 16, 19185 Specific Plan Amendment 2012 -001 adopted by Planning Commission resolution No. 4209 on October 23, 2012 Amended version adopted by City Council resolution No. on 20 12 le INTRODUCTION A. HISTORICAL F[EfR S Fs'_C7l First Street -Circa 1946 Tustin °s agrarian past significantly influenced the pattern of commercial development in the community. The earliest development in Tustin was focused within Old Town, the community's original commercial center. As Tustin developed, transportation and commercial corridors evolved along First Street with small residential and commercial buildings. The subdivision of properties along First Street created an irregularly shaped streetscape, with most parcels being relatively small in size. Over the years, small ,parcel sues limited the size and intensity of development that could occur along First Street. As freeway travel expanded and became easier, First Street patrons were willing to travel farther to find goods and services. Newer and larger retail and service providers vvere established in Tustin Ranch and along nearby Newport Avenue, creating strong competition for First Street commercial businesses. Although First Street and the Newport (SR -55) Freeway intersect, freeway on-,and off -ramps were not provided on First Street, but occurred a block north at Irvine Boulevard. Vehicle traffic found the most direct route to the freeway, resulting in some drivers bypassing First Street. The less - traveled First Street corridor developed from its early status as the primary gateway to the City into a more fragmented pattern of land uses that continues to include a varied mix of historic residential and commercial properties. Land use changes have been infrequent along First Street, and the existing mixture of uses share a low scale, low-intensity commercial character that is in need of revitalization. Residential uses including single family, mufti- family, and mobile homes), auto - oriented service uses, office, and small retail buildings currently line First Street. Only the First Street properties located nearest to Newport Avenue are generally larger and more uniform in use and purpose. 1 First Street — 2009 B. PLANNING AREA The First Street Specific plan regUates a commercial corridor that extends approximately a mile along First Street from central Tustin at Newport avenue to the Newport Freeway �SiR- 5), as depicted on Exhibit 1. This corridor varies in depth on either side of the street from as lithe as 0 feet where it aborts the First Street right-of-way, to aimest a quarter e-T mile along Newport Avenue where the Lani\iin Square and Courtyard commercial centers are locatecl on .sines of several acres. Although the First Street planning Area is relatively small Qapproximately 84 acres, it is significant in that it continues to serve as an entry to the City from the west and provides access to the Old iT mAfn Tustin historic district and, via Centennial Way, to the Civic Center. The First Street Planning Area is divided into three subareas as shown on Exhibits 2, 3 and 4. C. BACKGROUND Over the years the First Street corridor has evolved into an area of considerably varied development. The quality and condition of the existing built environment varies from high quality projects to those that have not been well maintained with many examples throughout the spectrum between these extremes. The predominant uses existing within the First Street planning Area are commercial retail, service, and office. Stimulated by a concern about the appropriate mix of these predominant uses as private development projects were proposed, the City Council established a t oratorium on the issuance of new building permits on June 3, 1 985 to allow time to establish overall guidance for further development. The First Street Specific plan ; the "Plan") is the vehicle approved by the Tustin City Council to provide that guidance. 0 When adopted in 1985, the First Street Specific Flan was envisioned to be a 15 -year plan, More than 25 years later, in 20, l 1, the Tustin Planning Commission and City staff initiated an effort to update the Plan. As described in more detail in Appendix F, an intensive series of consuitan /st -fT workshops, public meetings and Flanning Comm ission /Ci y Council work sessions and public hearings led to formulation of the original 1985 Specific Flan and its 2012 Amendment, D � 1✓'URPL SE The goal of the 1985 First Street Specific Flan NAras to identify an appropriate mix of commercial and office uses for the area, Tustin City Council was concerned about an °,erosion of commercial potential" along this gateway .street. The Flan � ;as also intended to ,protect adjacent residential neighborhoods and establish consistent development standards. The purpose of the 2012 Flan is to continue to guide and stimulate the use of ,properties along First Street to the maximum mULIa,l advantage of property ovvners and the City of Tustin. This is accomplished by a comprehensive set of regulations, incentives and Design Guidelines, Tong with other related actions to encourage optimum development. The Flan constitutes the legally established zoning for properties within the Planning /Area, Moreover, it establishes certain importanz development ,policies within the First Street corridor, The Specific Flan is the major device for implementing the C6t\y �� of T Bastin general Plan �ithin the Planning Area, L.e AUTHQ'Rl The California Government Code authorizes cities to adopt specific plans by resolution as ,policy or by ordinance as regulation. Hearings are required by both the Planning Commission and City Council, after which the Specific Flan mess be adopted by the City Council to become effective. The adoption of this Specific Flan by the City of Tustin is authorized by the California Government Code, -Title 7, Division 1, Chapter 3, Article 8, Sections 55 50 through 65457, The First Street Specific Flan is a regulatory ,plan which serves as the zoning ordinance for the properties within its boundary. Proposed development plans or agreements, tentative tract or ,parcel maps and any other development approvals must be consistent with the Specific Flan, Projects consistent with this Specific Flan are automatically deemed consistent v\jith the General Flan, 3 The regulations contained herein shall apply to the boundaries depicted on Exhibit 1. A. INTRODUCTION The Land Use Plan contains the essential components of the Specific Plan and the policy direction which serve as the foundation for development regulations and guidelines which are used in reviewing and approving development projects 1nrithln the First Street Specific Ilan. There is a tendency to emphasize problems in planning documents because perceived problems are -Freque tly the stimulus for undertaking a plan. While there certainly are some real challenges in the Planning Area, it is equally evident that these are unique attributes and considerable opportunities which combine to offer the potential for a balance beW, ;een preservation, rehabilitation, and nee; development. The main idea of the Specific Plan is to preserve �nrhat is good, improve what is not and allow gro?nrth where rraarket forces are evident, through private market decisions. The basis for this Plan lies in l) the Tustin General Plan Qsee Appendix G for a summary of General Plan consistency)and Z) the analysis undertaken to prepare or amend the Specific Plan jembodied in the accompanying appendices). The follo"Aling key ,points should be kept in mind in reading and using this Specific Plan: 1. The primary uses of the area are and should remain commercial retail, service, and office. Differences in uses and regulations within the area are based on the intensity crud characteristics of each subarea, 2. The City will depend primarily on private market decisions to stimulate development and improvements in the area. 3. Diversity of appearance within certain broad quality guidelines is desirable, as called out in the Design Guidelines (Appendl,� A). 4. The Plan is a conscious compromise between one extreme of doing nothing and the other of trying to completely change the area. The balance thus achieved will hopefully provide a stable and durable basis for decision making in the area. 5. In order for the area to work best, a creature partnership bew een the City, property owners and tenants is required, The Specific Plan is intended to be the foundation for that partnership and will support it more effectively than more traditional planning approaches. G. City Council adoption of the policies, use regulations, site development standards and design guidelines constitutes the City's commitment to property owners and the development community that it will carry out its appropriate share of the effort to 4 c U ti �u 4- U Q v Q. ti v 4-J N LL N maintain the planning Area as an asset to property owners, tenants and the City as a whole. SUMMARY OF SPECIFIC PLAN POLIO The following points express the most essential ideas contained in the Plan and constitute the overall policy direction for -the Plan. 1. Decisions about continuation, redevelopment or new development of uses on property within the Specific Plan sell rest with the individual property owner. 2. Decisions about development standards to be maintained or established shall rest with the City and shall be as prescribed in this Plan, as it may be amended from time to time. 3. The basic intent is for continuation of primarily commercial retail, service, and office uses, including some commercial mixed use ,projects at various scales. The Plan area may be expanded by Specific Plan Amendment and Zone Change. 4. This Plan, as amended, provides guidance for development as it coup occur vVithin approximately a 1 year time span, or by approximately the year 202 7. C. GOALS, OBJECTIVES AND POLICIES The following statements represent the policy direction for the Planning Area as a whole, as well as the distinct sections of the subject area that exhibit particular Use constraints or potentials. 1. Pattern of Uses ISSUE: What is the most productive pattern of uses? GOAL: The best use of property within the Specific Plan area is development approaching maximum development potential c hile providing a compatible and monitored growth program. OBJECTIVES: 1.1 Preservation of existing quality uses. 1.27 Lxpansion /intensification of existing quality uses. 1.3 Maximum possible responsiveness to market opportunities for each sub -area see Exhibits 2, 3, and 4). 1.4 rises appropriate to each subarea. I POLICIES: AA,aintain and perpetuate MIX of commercial retail, sertiriceo and office eases in scab -ire: I . The best use Of property wjtlt�in the Specific Plan area balances Maximum development potential v�jith compatible uses and monitored grolsAl-�. 2.timaalate retail anci serl�ice commercial ��ses in s�� area 7. 3. Preserve the dominant retail and service commercial uses Lin sub - area 3, retaining already established offices. 4. Promote development, expansion or redevelopment that: a. is permitted case; b. Meets prescribed development regulations; c. Is responsive to established design guidelines. 2. Condition of Existing Development ISSUE: How can the overall condition of development be Improved? GOAL: A consistent duality of development throughout the area. OBJECTIVES: POLICIES: 2. l Nlaintenance of quality that exists. 2.2 Improvement of development that is deteriorated or ineiuiciently designed. Reinforce existing private property health and safety re���lations by committing City enforcement efforts to this area. 2. Allo jj maximum site development through relatively liberal site development standards in return for well - conceived site plans. 3. Offer development incentives to property owners for projects that are highly responsive to plan objectives. 4. Establish and administer Design Guidelines to assist developers in understanding and Implementing the Plan's intent. -e su'@l ffl PTC "VeMsT)'Z ISSUE: How can n -e,75 Te 's appearance ,nd image be improved? GOAL. A quality physical appearance of both eAsting and -uture development. OBJECTIVES: POLICIES: 3.1 Elimination of visible outside storage. 3.2 Compatible building elevations and materials. 3.3 High qualit -y landscape treatments throughout the corridor. 3.4 Achieve ent ou an overall positive identity -for the area. l , Require responsiveness to Design Guidelines in plans for new development, expansion or redevelopment. 2. Discourage parking in 'front of buildings. Buildings should be Iocatecl as close to the street as possible. 3. When rear parking is not possible, screen parking areas with landscaping materials or treatment in excess of minimum standards. 4. Maintain the existing streetscape improvements. 4. Compatibility of Land Uses ISSUE: How can land uses within the sped-Tic Plan be kept compatible with each other and with adjacent uses? GOAL: Compatible label uses which do not interfere or create health and safety concerns for an adjacent use. OBJECTIVES. POLICIES: 4.1 Reduction of existing conflicts between uses. 4.2 Prevention of -Future incompatibility, as new development occurs. 4.3 Use of design .standards in the 'Design Guidelines to improve compatibility where changes in use are impractical. 1. Approve site plans for authorized uses which demonstrate design compatibility with adjacent uses and structures, particularly where such adjacent uses are single family residential in character. r 2. Encourage lot consolidation or integrated site planning by considering development incentives. 3. Apply appropriate 'design Guidelines to mitigate con -Tlicts betfJeen uses where a change in use is not practical, ..nJ z-k,,v U, ses /Use Intensification ISSUE: What new uses are appropriate and feasible in the area ami where should they be allowed? GOAL: Effective integration of new uses. OBJECTIVES: POLICIES: 7 NAEMi um possible Capture Of Market opportunities by property owners. 42 The most effective possible use of each parcel of land. 4.3 location of new uses in areas ���hich contribute most to overall improvement of the area. 4A Efficient use out existing public !facilities to support market - generated growth and development. I , Encourage primarily new retail commercial, service commercial, and office uses in designated sub- areas, 2. Establish and administer a system of incentives for lot Consolidation or integrated planning Of smaller parcels through Consideration of reductions in parking requirements, -fee waive -rs -Tor permit processing, etc. 3. Allow shared parking and access to allow ma ximum parcel usage, 6. Parcel Size /Configuration, ISSUE: What is the best way to deal with the variety of land parcels, particLllarly the numerous s a1I ones? GOAL: efficient parcel sues and configurations. OSJEC T IVES. POLICIES: 4.l Consolidation of leas wherever possible in conjunction with anticipated quallty design as set north in this plan, 4.2 Coordinated site planning and development of adjacent lots where consolidation is not possible, 3. Provide lot consolidation incentives in the plan regulations, 2. Apply incentives also for an integrated site plan on adjacent individually owned parcels, 3. recordation of reciprocal access agreements -for new development located acjacent to sues with future potential for shared ingress /egress, 5. Site Development Standards ISSUE: What site development standards area ppropriate? GOAL: A combination of standards and incentives which will stlmulate quality/ development. OBJECTIVES: POLICIES. 5.1 Site development regulations which lead to efficient use of available space, 5.2 Design Guidelines which assist in defining and describing the level of quality intended, 5.3 Site development incentives 'which stimulate lot consolidation or cooperative site design and lead to more profitable and efficient parcel ease. 5.4 Safe, effective and adegUate access and parking for each business enterprise. 1. Provide incentives for lot consolidation/ integrated site planning in the Specific Plan regulations, I 2. Include responsiveness to Design Guidelines as a major consideration in site ,plan review and approval. ' ,ToT ° 9 an Act Jainissr 2070 ISSUE. What City assistance can be provided to encourage expedient implementation of this Flan? GOAL; To encourage rapid rehabilitation of poorly maintained structures and uses. POLICY. 1 rehabilitation of facades including signage) of existing structures to comply with Design Guidelines of this Flan. 6.2 Improve vehicular inter -site circulation. 6.3 �jMaximization of pedestrian movement and access. To make available to property owners, where possible, funding sources 'For rehabilitation our existing buildings and for new development. D. LAND USE CONCEPT The main idea underlying the First Street Specluic Flan land use concept is to build upon the positive features already present. They include the follo�Ajing: 1. First Street is an attractive gateway to the City that has identifiable east and west entry points at the Newport Freeway overcrossing and at Newport Avenue. 2. The Specific Flan emphasizes "pedestrian-friendly" design and uses to ,preserve the existing human scale and character. 3. Setback and height restrictions appear compatible Niith nearby residential uses to the north and south. 4. s�i;sed useith recall on the first floor and ou�ices ora the second floor is enco��raged 5. Street improvements are well maintained. The Specific Flan corridor has a pleasant streetscape, which includes wide medians, .mature trees, and close ,proximity to an attractive City Park. Street furniture, flags, planters, and bus shelters as recommended in the Design Guidelines can improve the existing streetscape with a more cohesive appearance and further encourage pedestrian activities. A vision and ,plan for -Future improvements through the Design Guidelines with public and private incentives and funding will achieve the desired improvements along First Street. 20 6. There is little traffic congestion and ample paring along First Street. 7. Property owners are encouraged to male ,positive changes, while maintaining a „human scale" environment along First Street. The ,plan concept consists of the following components: i. Subareas The corridor is made Lip of three subareas, each characterized by a particular land use emphasis. Subarea 1, closest to the 1\9ewport QSR-55) Freeway, is a mixed use office - commercial area Exhibit 2). Subarea 2, either side of the El Camino 1-�eaVProspect Avenue intersections, is a transition area with an emphasis on retail commercial and service development (Exhibit 3). Subarea 3, anchored by two relatively lame shopping centers facing Newport Avenue, is predominantly a retail and service commercial area, but with a strong office enclave )Exhibit 4). 2. Presenia -lion of Human Scale and Character Site development standards, with only a couple of exceptions, limit development to one or two stories directly along the corridor. Efforts are made through the Design Guidelines to achieve a love- profile "pedestrian - friendly" environment by making it possible to move freer within each subarea from .business to business. Moreover, the visual image being sought is one of human scale, not do minated by large or high close -in building masses, with streetscape and the design of the public realm, adding to a sense of place for First Street. In summary, the concept seeps a balance between market responsive expansion on the one hand and ,preservation of the basic existing scale and character on the other, lllo DEVELOPMENT REGULATIONS A. INTRODUCTION AND INTENT These .regulations constitute the primary zoning provisions for the First Street Specific Flan, These regulations are in addition, to regular Zoning Code provisions (Article 9 Land Use, Chapter Z o Zoning) of the Tustin City Code. Where there is a conflict, the regulations herein will prevail. Where direction is not provided in this Specific Flan, the Zoning Coale shall prevail. 11 Y C N v ai v CL WAS 8 (1) laaalS 8 laaj1S b pails d L VI anua nnaln ulelunoyV , LL vy, laaalS :)!IPed laa.ilS egjo,k I laal1S al:uxha laai1S aIuAW ti v Ln LU v, `^ z O � V ti (U E E O U O O z `O .n Q) z TT� �V U 4- U 4J Q Lel Q) V) .//I -��J v/ m Q) .Q N W- C) N N H _m l5 X'el'A le►uualua:) aPJD IIeH t Lu- 4.+ t✓1 and Padsold !.L aAV padsajd leaN oulweJ 13 7aWIS J POAS J LU Z +v+ ti 'v E E O V D r U ^u W a N n4-, M Loel nL.+' ru- L4 y-` O U. N m w W Z +- ti V Qj v E 2 O v r7,77 7 u 4-.. U Q) Q M 4-J M Q Q) ti Lel O LL N The overall intent of these regulations is to guide development on all development parcels in the Specific Plan area to insure that each individual development project contributes to meeting the goals and objectives of the f=irst Street area. ��yJore specifically, the regulaations are intended to; o Provide opportunities For economically productive business enterprises. o Establish oases and site development standards which contribute to the presentation and enhancement of adjacent single family residential environments and which promote an economically sound land use pattern 'For First Street. Frovide for the scale and nature of uses which can facilitate the most efficient use of the existing development pattern as Novell as parcel :sues and shapes. o Achieve gradual improvement of older commercial, office and residential buildings by allo9ing commercial retail, service, and office uses that are compatible and consistent with surrounding areas, encouraging redevelopment, promoting consolidation of parcels, enabling rehabilitation, emphasizing landscaping and design improvements and promoting any combination of these devices desired by the property ov�jnerjs) and supportable by the Ot1Jy. • Contribute to the improvement of both visual and functional attributes of First Street to help stimulate business activity, • Protect the traffic handling capacity of First Street while accommodating new development and rehabilitation. • Establish a sense of place, as well as continuity and consistency of development standards, within the Specific Plan Area. B. GENERAL. PROVISIONS The following regulations apply to all subareas within the First Street Specific 'Flan Area. 1. All construction and development within the Specific (Flan area shall comply vy✓ith applicable provisions of the Tustin City Code, California Building Code and the various related mechanical, electrical, plumbing codes, grading and excavation code and the Subdivision codes, as currently adopted by the City Council. Where there is a conflict, the regulations of the Specific flan will prevail. Where direction is not provided in this Specific Plan, the Zoning Code shall prevail. However, In any case of a conflict between the specific provisions of any such code and this Specific Plan, the provision which most serves to protect safety shall apply and the Community Development 'Director shall resolve the conflict by written determination in a manner consistent with the goals and policies of this Specific Flan. 12 2. The setback requirements areas specified by each use category of this Specific I lan� All setbacks shall be determined as the ,perpendicular distance from the existing street right-of-way line, or property line, to the foundation point of the closest structure. This shall not preclude pedestrian arcades or aysinings from encroaching into the front yard setback area. 3. if an issue, condition or situation arises or occurs that is not sufficiently covered or provided for or is not clearly understandable, those regulations of the City Zoning Code that are applicable for the most similar issue, condition or situation sell be ,used by the Community Development 'director as guidelines to resolve the unclear issue, condition or situation. This provision sell not be used to permit uses or procedures not specifically authorized by this Specific Plan or the City Zoning Code. 4. This Specific Plan may be a mended by the same ,procedure as it �,Ajas originally adopted. Each amendment shall include all sections or portions of the Specific Plan that are affected by the change. An amendment may be initiated by the City Council or the Planning Commission, the general public, or City staff. Any such amendment requested by the general public shall be subject to the fee schedule adopted by the Cite Council. 5. Any ,persons, firm or corporation, whether a principal, agent, employee or othervkfise, violating any provisions of these regulations shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to penalties and provisions of City Code. 6. Whenever a use has not been listed as a permitted or conditionally permitted, it shall be the duty of the Community Development Director and/or the Planning Commission to determine if said use is l j consistent with the overall intent of the Specific Plan and 2) the said use is consistent with the other listed ,permitted or conditionally permitted uses in the Specific Plan. 7. In order to maintain and enhance vehicular and pedestrian circulation along First Street, any development occupying a parcel wNch is located on a corner v with side street frontage should have vehicular access restricted to the side street only. The Community Development Director will revie,�A/ this on a case -by case basis. Wherever a site is not on a corner, a reciprocal easement agreement will be encouraged. B. �iNon- conforming Structures and Vises of Land Where, at the time of passage of dais Specific Plan, lav�rful use of land e,�ists 1Alhich would not be permitted by the regulations imposed by this Specific Plan, such use may be continued so long rs it remains othem,;jse lawful, provided: a, JNo such non- conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than v\,/as occupied at the effective cute of adoption or amendment of this .specific Rlan. 13 b. No such non-conforming use sell be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the efuective date of adoption or amendment of this Specific Plan. c. ff any such non - conforming use of land ceases for any reason for a period of more than 180 days, any subsequent use of such land shall conform to the regulations specified by this Specific Plan for the district in which such land is located; d. No additional structure not conforming to the requirements of this Specific Plan shall be erected in connection with such non - conforming use of land. 10. J`\Jon- conforming Structures Where a l wj'L l structure exists at the effective date of adoption or amendment of this Specific Plan that could not be built under the terms of these regulations by reason of restrictions on area, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the follov9ing provisions; a. No such non - conforming structure may be enlarged or altered in a way which increases its non - conforming, but any structure or portion thereof may be altered to decrease or not affect its non-conformity. b. Should such non - conforming structure or non - conforming ,portion of structure be destroyed by any means to an extent of more than `` 0 percent of its assessed value at time of destruction, it shall not be reconstructed except in conformity wlith the provisions of this Specific flan; c. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. D. LAND USE REGULATIONS I. Permitted Uses a. Subarea l - Neighborhood Commercial In Subarea l ��'\Jeighborhood Commercial), the foilowing uses, occupying no more than l C,00,0 square feet, shall be permitted by right where the symbol " "f "° appears and may be permitted subject to a conditional use permit where the symbol "C" appears in the column to the right. 14 l) Retail Uses. Qa) Antique shops F fib) Apparel stores F Ic) Art galleries F 1d) Bakeries, retail only F f e) Bicycle shops �includjng repair) J Qua) Boobs, gifts and stationenj F Qg) Confectioneries F Ih) Convenience markets C 1i) Drug store F U,) Florists F Q[k) Furniture store F ,I) General retail stores P Vim) Hardware store F In) Hobby stores F (I o) Jewelry stores F Ip) Music stores F Iq) Neighborhood commercial centers F jr) Nurseries and garden supply F Qs) Office Supplies and equipment F Qt) Religious supplies F ju) Front shoos F jv) Shoe stores F jw) Sporting goods stores F 2) Service Uses: Ia) Assisted living, rest homes, extended care 1s 'Facilities, convalescent hospitals C Qlb) Banquet facilities C Vic) Barber, beauty salons F Id) 'Dance and martial arts studios F Qe) Fitness training, inc -loor one on one C I-T) Hotels and motels Jboutique) C Ig) Indoor commercial recreational uses C Ih) Insurance agencies F Ii) Laundry and dry cleaners 9ol'f site only) C U) Locksmith F (k) Massage establishments F (1) Meeting rooms C (m) Real estate agencies F In) Restaurants with alcoholic beverage sales C jo) Restaurants with drive thru service C jp) Restaurants without alcohol F jg) Schools, ,pre - school and nursery C fr) Seamstress or tailor shops F 1s Is) Shoe or luggage repair shops F It) Travel agencies F Ju) Tutoring uacilities F 3) OfTice Uses. Ia) Accountants F fib) Advertising agencies P Vic) Answering service P Id) Architect P Qe) Attorney P Q) Chiropractor P )g) Collection agency P Qh) Contractors and building consultants P )i) Dentist F U) Doctor P Ik) Drafting P )l) economic consultant P Im) Engineer P In) Escrow f Jo) Interior decorator or artist studio l Jp) Land and property Management P 1cl) Land planner F Ir) Oculist F Is) Optometrist F Qt) ethers licensed by the State our Cali'Fornia to practice the healing arts, including clinics - or out- patients only P Qu) Personnel Agency F Iv) Photographer P Ivv) Surveyor P );�) Social work P �y) Professional consultant P Iz) Stock broker P ]aa) Title insurance J Ibb) T,7vel agency P �) Co rnunity and Insti-tutional !Uses. Via) Churches, convents, monasteries and other religious institutions C (b) Fraternal organizations and Lodges C 5) Existing Single Family Residential Use /Structures Any existing single family residential structure listen within the City's official historic surrey is encouraged to be ,preserved and used as a IN residence, or preserved and used as a commercial use as authorized by this Section and consistent with the Oita s Guiolelinva5 and the Secretary of Interior's Standards for Rehabilitation, Any existing historic single family residential structure used 'For such purposes is a permitted use, b The conversion of an existing historic single family residential structure to a commercial use sell comply vvjith the use limitations identified for the Subarea in which it is located, c No commercial use of an existing historic single family residential structure shall be changed to another commercial use f e,g, office to retail) without the prior approval of the Community Development Department, d Any historic single family residential structure converted to a commercial use is considered more con-forming and must be maintained as a commercial use, 6) Any other similar and /or compatible retail, service, office or community /institutional use the Community Development Director a5 nd /or Planning Commission deems consistent with the context of Subarea i listed above as permitted /conditionally ,permitted, 7) Development Standards f a) JUa �imu , Structural Height - 2 story, 28 feet, f b) �IMinimum Building Site Area - No minimum f c) Minimum Yard Setbacks, Front: i 0 feet Side: 0 feet* Rear: 20 feet *Exception. 10 feet required when a side yard abuts a residentially zoned property (d) lot coverage: �Jlo ma zimum; limited only by setback areas, f e) landscaping: All areas not utilized for parking, building and walkways, but not less than a minimum of ten percent of the building site area shall be landscaped in confor mance with the Design Guidelines of this Specific Flan area, 17 b. Subareas 2 and 3 - Commercial In Subareas 2 and 3 (Commercial), the follow \ping uses shall be perms teed by right where the symbol "P" appears and may be perms teed subject to a conditional use permit where the symbol „C„ appears in the column to the right, L Retail Uses: f) All permitted or conditionally permitted retail uses listed in Subarea � subject to the use restrictions specffied therein and the development criteria specified hereafter (b) Appliance stores J (c) automobile parts and supplies C (d) Department stores F (e) !Drug stores, pharmacies P ff) Furniture stores F (g) Hardware stores P (h) Uquor stores C (i) feet stores and supply P (J) Sporting goods P (k) Supermarkets, grocery stores P (I) Tire sales and service C 2. Service Uses: Qa) All permitted or conditionally permitted service uses listed in Subarea 1 subject to the use restrictions specified therein and the development criteria specified hereafter f b) Ranks and financial institutions I (c) Car washes C Jd) Cocktail lounges and bars when not an Integral part of a restaurant C (e) Service stations C ( -T) Theaters C 3. Office Uses. (a) All permitted or conditionally permitted office .uses listed in Subarea ➢ subject to the use restrictions specified therein and the development criteria specified hereafter (b) Banks and financial institutions P (c) Public utility office (but not including corporate yards) C 18 4. Community and Institutional Uses: �a) All permitted or conditionaily permitted Communjty and Institutional uses fisted in Subarea � subject to the use restrictions specified therein and the development criteria specified hereafter fib) Animal hospitals and clinics C �c) Commercial recreation facilities including tennis, racquetball, bowling, ice skating, athletic clubs and similar uses C 5. Any other similar and /or compatible retail, service, or office use the Cornmuni�cy Development Director and /or Flan ping Commission deems consistent with the other eases listed above as permitted /conditionally ,permitted. 6. Development Standards - Subarea 2 �a) Mi7aAM.UM Structural fleig t - 2 story, 28 feet. f b) Minimum Building Site Area - No minimum fc) Minimum Ya' rd Setbacks: Front: 10 feet Side: 0 feet* Rear: 20 feet * E,�ception: 10 feet required when a side yard abuts a- residentially zoned property (d) Lot coverage: I'\Io mar imum; limited only by setback areas. fie) Landscaping: Ali areas not utilized for parking, building and walkways, but not less than a minimum of ten percent of the building site area shall be landscaped in conformance with the Design Guidelines of this Specific Plan area. 7. Development Standards - Subarea 3 Via) Maximum Structural Height - 3 store, 35 feet. (b) Minimum Building Site Area - 10,000 sq ft. (c) Minimum Yard Setbacks: 19 Front. 10 feet .Side; O feet's Rear: 3 0 feet *i=nception; 10 feet required when a side yard abuts a residentially zoned property Jd) Lot coverage. No maximum; limited only by setback areas, f f) Landscaping: All areas not .utilized for parking, building and tii�ialkwafys, but not less than a minimum of ten percent of the building site area sell be landscaped in conformance with the Design Guidelines of this Specific Plan area. E. PARKING REQUIREMENTS All parting requirements sell be subject to the prov signs of the Tustin City Code. F. LOT CONSOLIDATION PROGRAM Lot consolidation, for the purposes of this Specific Plan, shall refer to the legal combination of lots or the development of multiple lots under separate ownership as one cohesively designed development. As a means to encourage lot consolidation along First Street rather than re�uiring� it by specil'jing larger than presently existing lot sizes, the City Planning Commission maY grant certain bonuses for consolidations exceeding a certain level. These bonuses may include relaxed height limitations, , parks ng reductions, relaxed setbacks or other such modifications as may be determined to be appropriate. To qualify for a lot consolidation bonus, the total area of the lots being combined or cohesively designed must surpass the minimum required lot size by at least 50 percent. If a minimum lot size is not stipulated, -the lots being combined or cohesively design11d are automatically eligible for bonus provisions. For example, two acjacent owners want to cohesively develop their properties as one development. Property owner A's properLj is 7,500 square feet and property B's lot is 9,000 .square feet. The minimum lot size requirement Lander which they are developing is 10,000 square feet. Combined, their development parcel(s) safely exceeds 15,000 square feet 150 percent over minimum of 1 5,000), therefore they may seek lot consolidation bonuses. It should be specifically noted here that this is a completely discretionary action of the Planning Commission. The Planning Commission is under no obligation to grant development bonuses. In addition to determining the degree of the bonus provision, they mill also determine how well the development has addressed the Design Guidelines of this Specific Plan. Any bonuses may be granted by the Planning Commission on a case -by -case basis with past actions not affecting future direction. Each development stands on its own merit. 20 The following bonus provisions are available but shall not be limited 'to; Parking reductions Height relaxation Lot coverage relaxation Reduction or waiver of processing fees i. DD USE INCENTIVES Development and construction of buildings incorporating retail commercial or service commercial uses on the street level xAlith an equal or greater amount of square footage relative to the office space on the upper floor,�s) shall be e; apt from all site development standards except for height and parl�dng. The development shall be responsive to the Design Guidelines. H. CONSOLIDATED PARKING /ACCESS BONUS Any development ,proposal which incorporates either consolidated parking or a reciprocal access agree gent with an adjacent use may be eligible -for the Consolidated Parking /Access Bonus. The bonus shall be an overall reduction of requ red ,parking spaces by up to 20 percent (20 %). I. PLAN ADMINISTRATION 1. General All regular administrative provisions of the Justin Zoning Code shall apply to all properties within the First Street Specific Plan boundaries, including but not limited to Design Review, Zoning Permits, Conditional Use Permits, Appeals, Amendments, public notice and hearing provisions. The provisions herein add to or supplement the above - referenced provisions. 2. Administrative Revie-v /v In order to 'Further encourage the development and rehabilitation of permitted uses within the First Street Specific Flan area, ,permitted, the review of plans 'or a permitted use shall not be required to be processed through the Manning Commission unless they are conditionally permitted uses. The Community Development Department shall revle��� and comment on all matters of the application, and a final determr nation on the plan shall be rendered by the Community Development Department. The Planning Commission may at their discretion suggest design modifications consistent with the Design Guidelines. Any project having development plans approved by .building permit issuance or land use permit prior to the amendment of this Specific Plan shall T'emain approved without amendment. 2 1 3. Site Plan Review a. Method and Purpose The First Street Specific Plan shall be implemented through the use of Site Plan Review. A Site Flan sell be required for all rehabilitation, redevelopment, expansion of existing uses or structures anti new development within the Specific Plan area requiring a building permit. This requirement is instituted for the following reasons; � . To ensure consistency with the intent of the Specific Plan. 2. To encourage innovative community design and development. 3. To assure substantial long -range compliance with the Redevelopment Plan and General Plan. 4. To promote the highest contemporary standards of site design. S. To adapt to specific or special development conditions that occur from time to time while continuing to implement the Specific Plan. 6. To facilitate complete documentation of lanai use entitlements authorized and conditions pertinent thereto. b. Applicability Approval of a Site Plan shall be required prior to or concurrent Nvith a Conditional Use Permit, Tentative Tract Map, or Parcel Map for all proposed projects within the Specific Plan area. Where no Tentative Tract or Parcel Map is required, approval of a Site Plan shall rest with the Planning Commission except in the case of permitted apses. The Site Plan ,process shall be similar in its requirements and procedures to -the Conditional Use Permit process in the City of Tustin. The primary difference !between the t-\i\,7o is the simpler administrative review proved Ure for development projects which consist of permitted uses. 22 Appendix A DESIGN GUIDELINES Separate Document Appendix 8 1985 MARKET ANALYSIS (Separate Document) 1� To formulate what some of the opportunities and constraints of the Specific Plan Area were in 1985, certain basic mapping -tasks were performed. These tasks ultimately assisted the study team -to reach conclusions about what was there and how it related to the coals of the study. The two l 985 conditions exhibits discussed here include; o l 985 land use o l 985 zoning 1. l 985'1 and Use The l9,85 land use exhibit confirmed much of what the study team had generally been told about the area. land uses were generally well mixed, with retail commercial and office development the most predominant. Also, the area generally became less commercial in nature as one traveled in a westerly direction from Newport Avenue to the NeNj�iport Freeway 155 Freeway), A small family of auto - related uses on the north side of First Street near Fl Camino Real -�Jas also found. Residential properties were the predominant non - conforming use along the corridor. See Exhibit 5. Existing X2012) land Use The existing land use exhibit demonstrates that there is a mixture of commercial retail, service, office, and residential uses along the f=irst Street corridor. As shown in Exhibit 5, there is only one vacant lot within the Specific Plana rea. 2. 1 985 Zoning The Zoning Prior to the 1985 First Street Specific Plan exhibit coupled with the 1985 First Street Existing Land Use exhibit posed striking observations from the study team. The one distinctive conclusion made �Aias the proliferation of commercial zoning at the western end of First Street and the general lack of primary commercial uses located there. The other fairly obvious notation about the zoning configuration was the lack of depth ,presented by the commercial zoning with medium and low density residential zoning immediately to the rear of First Street Properties. See Exhibit 7. 2012 Zoning In 2032, a Specific Plan Amendment v-,/as approved that corrected minor zoning inconsistencies created by the 1985 adoption of the Specific Plan and its boundaries, including restoring the zoning for large residential land uses to that ,previously established in 1985. Also, the less intensive built environment existing at the iii Westerly end of First Street Was preserved by revising the zoning designation to Neighborhood COmmerci Di while preserving the more urban CC , McTCiai built environment existing at the easterly end of the street, In addition, auto repair, single, f amHy, residences and either previously prohibited uses were reintroduced as permitted or conditionally permitted uses in the Specific Han. IV I mFl!-lsl ti fr Q) IE5 0 U QL :D c U -9 C U 4-J 4-J 4-J (1) 4-J V) 4-J V) 4-J Lr) 00 LL UM o 1= 0 m CL cu c c V -9 = cn ,ice c CL VI 4-J 4—J Lon L/) L_ 4—J U- C) Qi U— F-4 ti V L v O V ti c a V c Y ti C C B O u ti u N E 0 u ti c v u ti L v c v ti u L Q) E 0 u ti a L v �1 L EE E C U- E ru L v u a cz ti c O Kl u .a Illirl TT� ►V U U Q) L, Q� v Q) L 4 ,-J L/ 4-J LL L v O L- 0 �L CL m .0 N m v Q H +..r m L 2 M APPENDIX E) FURS it STREET SPECIFIC PLAN OFF' OR i'U NITIEES AND CONSTRAINTS SUM �y A major component in the preparation of a Specific Plan in an already developed area is the careful examination and analysis of existing physical conditions. The next important step is the identification of physical opportunities and constraints against which the market opportunities can be measured. These factors, combined �jith public input and policy /technical direction -rom the Cott', are the ingredients used in sh .ping the content of the plan. This existing conditions summary and map were used in l985 85 in part to identify the issues, goals, objectives and ,policies in Chapter 11 of the Specific Plan. The potential measures were evaluated] for potential use in the regulatory guideline ,portions of the Plan. The First Street corridor is an area of distinct contrasts. On one hand, certain commercial ,properties have well designed], intensively used develop ments, ,particularly the ones located] at the eastern terminus of First Street at `1ewport Boulevard, while a few blocks west of El Camino Deal the buildings exhibit an older, less consistent i age, where underutilized developments are more prevalent, Analyzing First Street at the Soeci,Tic Plan level, it becomes apparent that the street should continue to be planned as a cohesive whole with concentrations of '"families of .uses" dominating certain sections of the street. In many revitalization situations similar in mature to First Street, the initial reaction might be to correct problems with long range, costly and controversial remedies. These remedies typically tape the form of inflexible mandatory regulatory formats for new development. Such approaches do little to stimulate private commercial development, The City of Tustin was and is interested in providing catalysts for change by providing regulatory, "opportunity" through the judicious use of revised site development standards and the stimulus of incentive or bonus provisions. It was the consultant team's goal in l 985 to prepare a pro- business, pro - economic strategy playa designed to solve immediate physical problems as well as offer long -range programs for ongoing project -wide improvements. Certain opportunities and constraints have been identified thus far and are summarized) below. See Exhibit 8 Joy a visual depiction of-the opportunities and constraints identified in 1985. v Oppc o I here are several large cohesively designed shopping centers in the area. 0 Relatively few buildings are in poor condition. O There are recent instances of quality redevelopment /development within the area, ° Pep,oertree Park, although not within the specific plan boundary, contributes a special landscape atmosphere which relates to the corridor. 0 AAost revitalization opportunities will occur in small, identifiable pockets. o The entry to El Camino Real offers a special historical streetscape element nearly in the middle of the project area, offering a central node of development for f=irst Street. o Prospect Street, the major north -south traffic ,carrier through the project area is located in the center of the area, reinforcing the activity node provided by El Camino Real. First Street has identifiable east and west entry points at the Newport Freeway and Newport Boulevard. 0 The present streetscape system on First Street contains good elements which can be incorporated into the proposed plan. The medians with turf and ti��ell- established olive trees complement -the existing F icus nitida. The curbside amenities (street furniture) fulfill functional needs but may not add aesthetically to the streetscape scene. o The project area has a series of equially spaced nodes or intersections that, when developed and enhanced, would help dmf w shoppers along its entire length. o There appears to be little traffic congestion in the study area in relation to other commercial areas in southern California, with the most serious peak hour congestion occurring on the east /west peripheries. Constraints • Circulation. There is a lace of convenient inter-site circulation, in that vehicles must generally enter F irst Street to access the adjacent site. • Mixed Land Uses: While a mi xtuTe of land uses can add e ;�citernent to an area, in the case of First Street there is no cohesive fc rmily of uses which encourage spontaneous v shopping or strolling, etc. In fact, many acyacent land uses are incompatible with one another. O Scattered retail Uses. The existing retail uses �Aihich comprise the First Street. Specific Plan area are too dispersed. The area exhibits the physical characteristics of strip commercial development but without enough truly auto - related retail uses to capitalize on its linear shape. (Poorly maintained buildings. Some ,properties within the Specific Plan area are in need of maintenance. Along First Street„ there are no conforming uses, vacancies and older, poorly maintained buildings. Lack of FreetiAiay Entry (Newport JSR -55) Freeway)., One of First Street's major constraints is its lack of direct Freeway access, both vehicular and visual. Moreover, entry at Newport Avenue doesn't offer a visual statement either. 0 .Small, shallow development parcels: Commercial development on single, shalloNjaf lots aloes little to ,promote viable larger commercial centers on First Street Qsuch as LaTWin .Square or The Courtyard). The most successful commercial and office developments have assembled and consolidated lots along and behind First Street. 0 Inconsistent Development Standards; The inconsistent mixture of architectural styles, parking configurations, setback and landscape requirements, while offering a variety of individual site conditions lads any cohesiveness which coulcl tie all of these varietal standards together. This gives First Street no sense of cohesiveness or commercial identity, Potential (Measures The following analysis outlines ,programs which might be able to take advantage of the area °s opportunities to improve some challenging conditions. It is by no means inclusive or a final recommendation. This list is simply a compilation of some ideas that have been successfully applied in situations similar to First Street. Consolidate small lots (either through private band assembly or coordinated site planning), developing more efficient use of land, creating a more efficient building site, and providing a non -strip commercial atmosphere. Depth needs to be established where ,possible. • Establish development incentives for providing off street parting with improved inter - properly circulation opportunities. These development incentives could be the relaxation of certain development standards for more efficient parting design or streetscape amenities. VH o Form a Business l proVernent District to guide project -lAJ le improvements. This could be similar in nature -to a merchant's association in a mall or shopping center. It could be self ,policed; it could solve problems of viiho cares -for shared parking lots; it could even sponsor promotional events. o Provide alternatives to - ront setback parking lots. o Establish new, comprehensive site development standards unique to the area. Develop an improved streetsc ape program compatible with the established El 0-:�irnino Real improvements. o Establish consistent, yet flexible, sign controls, • Create pedestrian points of interest to enhance a linear pedestrian route along First Street. o Grant development bonuses to businesses tijhich Utilize storefront ��anopies sand plazas to enhance the pedestriam movement from property to property. o Develop means -for drawing vehicles from nearby Freeway exits at Irvine 71BOulev and and Newport Avenue to First Street. ViH 1 ✓, }ins �E �C W € • W N y p cg m Z� its fill Ug, a I leay OulweD 13 . . . till ry Nr. -� a aa77S..�_ �� g� ■ - laai75 ..b. b .6 ■ a—U `%,)!A welunoyy anuanb a ,I?Ied j W / /����/ CN g �� tL W C W E m v r- 0 c O w u w a° w` v � u t at v0i � 2 C O O Iru C C V � O Q� LL1 t a O al m 44 ©O C c U U n� +-J c l� O i Q 4_ i Q L/) O 4-J Lr) oo 0 " m L.LV X �� ui APPENDIX F M37 STREET SPECIFJ C FU ICI PLANNING PROCESS This appendix documents the process by which the First Street Specific Flan �Jvaas prepared and considered. Date Event July 2, 1985 Request for Proposal distributed by City to potential consultants. Contained a carefully ��orded scope of work and statement of objectives. August 25, 1985 The Planning Center authorized to begin work, August 28, J 985 'detailed scoping meeting between City Staff and consultant team. September 30, 1,985 Progress review meeting �,Aiitb City Staff and consultant team. Focus on issues potentials and constraints. October 24, J 985 First public town hall meeting held to explain planning effort, share market and physical conditions information and gain insight from the public before beginning plan Formulation. October 25, J 985 Consultant team began plan preparation. November 12, 3985 Planning Commission workshop to present findings, summarize public input and obtain commission comments. City Council members invited to hear briefing. i'\ ovember 25, 1985 Presentation of draft plan to ,joint City Council/Flanning Commission VVOTkshop. Oppor!Unity to expose them and interested public to details of the plan, provide council and commission members the opportunity to question consultants, and discuss possible resolution of issues embodied in the plan. December 9, 1985 Formal public hearing on plan by the Flarnning Commission. Direct testimony received from public, with responses by both consultants and staff. [December 15, J 1985 Formal ,public hearing on the plan by the City Council. Consideration of Planning Commission recommendation, public testimony and both consultant and staff reports and responses to questions. Plan adopted. L January 25, 2011 Planning Commission workshop to consider an update to the First Street Specific Plan. March 22, 201 1 Continued Planning Commission workshop September 14, 2011 Public workshop on the First Street Specific Plan .duly 24, 2012 Draft First Street Specific Plan Amendment distributed to the Planning Commission. September 14, 2012 Public Workshop on the Draft First Street Specific Plan Amendment. October 23, 2012 Tustin Planning Commission adopts Resolution Flo. 4209 recommending that the Tustin City Council approve Specific Plan Amendment 2012 -001. The ,process, highlighted by these key dues and events, was accompanied throughout the project life by a very close and constructive staff/consultant communication that resulted in clarifying as great number of technical questions as needed so that policy issues could be focused upon by the public, the Planning Commission and the City Council. The quality of this working relationship was the major ingredient in completing the plan in an unusually snort period of time. x APPEND / F ENFERAL PLAN CONSISTENCY Section 65860 of the California Government Code requires that zoning be consistent with a jurisdiction's General Plan. The dominant element of the City of Tustin General Plan relevant to the First Street Specific Plan Area is the Land Use Element. The City's General Plan Land Use Element designates the area as PC CommerciaVBusiness. Under this land use designation, a mix of commercial and office uses such as hotel/motels, commercial centers, research and development, and professional offices are permitted. The First Street Specific Flan is consistent with the following General Flan goals and ,policies: GOAL � . Provide for a well balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. Policy l .B: Provide incentives to encourage lot consolidation and parcel assemblage to provide expanded opportunities for coordinated development and redevelopment. GOAL 5: Revitalize older commercial, industrial and residential uses and properties. Policy 5.2: Provide development incentives to facilitate the consolidation of individual parcels along the City's commercial corridors. GOAL 7: Promote expansion of the City's economic base and diversification of economic activity. Policy 10.6: Encourage the integration of retail or service commercial uses on the street level of office projects through flexibility in site development standards. Policy, 10.7. Encourage the consolidation of individual parcels /consolidated site planning and parking and access along First Street and in Old Town through utilization of development incentives such as reduced parking, height bonus, lot coverage relaxation, allowance for secondary uses, fee waivers, and /or financial assistance in land acquisition and /or infrastructure improvements. Policy l0. ., Review the First Street Specific flan including modifications to the Plan which would consider issues associated with eliminating and prohibiting future automobile service - related uses and restrictions on the expansion of existing automobile service related uses. X1 The Plan responds directly to these goals and policies by providing for appropriate commercial retail, service, and office uses, it responds indirectly by reinforcing successful development and stimulating !both economic growth and aesthetic improvement on First Street. The Plan effects a change not so much in the nature of uses along First Street but the balance, arrangement, development standards and design characteristics of office, commercial and specialized uses so that they will be more responsive to market opportunities and enhance the First Street corridor. The First Street Specific Plan is therefore consistent with the City of Tustin General Plan. xii APPENDIX G FIRST STREET SPECIFIC PLAN FINDINGS 1. The proposed commercial and office development is consistent in intensity and character with the City's adopted General Plan. 2. Reasonable alternatives to the plan and their implications have been considered. 3. The scope and depth of plan analysis are commensurate with the level of detail contained in the plan and the specificity of land use entitlement its adoption authorizes. 4. The various components of the plan as well as the plan in it's entirely are sensitive to the environmental and public policy impacts of the proposed development. 3. Appropriate mitigation measures are incorporated in the plan to insure that concerns identified at this level of planning are resolved as part of the more detailed site plan review which must be completed before private development may proceed. 6. Administration of the plan is thoroughly integrated into the City's development processing system. 7. All subjects required in as specific plan by t he California Government Code and applicable City ordinances are appropriately and adequately covered. B. Adequate time and opportunities have been afforded interested organizations and members of the public to comment on or propose changes to the plan if they so desired. 9. 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