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HomeMy WebLinkAbout03 ZC 02-006Report to the ITEM #3 Planning Commission DATE: OCTOBER 28, 2002 SUBJECT: ZONE CHANGE 02-006 - A PROPOSAL TO AMEND THE TUSTIN ZONING MAP FROM PUBLIC AND INSTITUTIONAL (P&I) TO MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) AND AMENDMENT OF THE TUSTIN CITY CODE TO ADD SECTION 9246 ESTABLISHING THE MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) ZONING REGULATIONS. APPLICANT: CITY OF TUSTIN PROPERTY OWNER: FORMER BASE PROPERTY - CITY OF TUSTIN (APPROX. 982.1 ACRES) (300 CENTENNIAL WAY, TUSTIN) UNITED STATES GOVERNMENT - NAVY (APPROX. 525.0 ACRES) (1220 PACIFIC HIGHWAY, SAN DIEGO) NON-BASE PROPERTY- IRVlNE COMPANY (APPROX. 4.1 ACRES) (15015 HARVARD AVENUE) LOCATION: THE FORMER MARINE CORPS AIR STATION, TUSTIN, (TUSTIN INCORPORATED LIMITS ONLY) PRESENT GENERAL PLAN/ZONING: MCAS TUSTIN SPECIFIC INSTITUTIONAL (P&I) PLAN; PUBLIC AND ENVIRONMENTAL STATUS: A FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRON- MENTAL IMPACT REPORT (EIS/EIR) WAS CERTIFIED BY THE TUSTIN CITY COUNCIL ON JANUARY 16, 2001. THE PROPOSED PROJECT WAS EVALUATED WITHIN THE PROGRAM EIR AND NO ADDITIONAL ENVIRONMENTAL ANALYSIS OR ACTION IS REQUIRED PRIOR TO CITY ACTION. Planning Commission Report Zone Change 02-006 October 28, 2002 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 3848 recommending that the Tustin City Council approve Zone Change 02-006, amending the Tustin Zoning Map and amending the Tustin City Code by adding Section 9246 establishing the MCAS Tustin Specific Plan District (SP-1 Specific Plan) zoning designation and regulations. BACKGROUND In accordance with the Defense Base Closure and Realignment Act (DBCRA) of 1990 (10 USC 2687) and the pertinent base closure and realignment decisions of the Defense Base Closure and Realignment Commission approved by the President and accepted by Congress in 1991, 1993, and 1995, the Marine Corps Air Station (MC, AS) Tustin was closed on July 2, 1999. Federal law provides the opportunity for the responsible local authority to develop a reuse plan that will guide the disposal actions of the United States Department of Navy (DON) at the site. The City of Tustin ("City") was approved by the Department of Defense as the Local Redevelopment Authority (LRA) for MCAS Tustin. In October 1996, the City, acting as the LRA for MCAS Tustin, submitted a Reuse Plan for MCAS Tustin to the DON. Minor revisions to the Reuse Plan were identified in an "Errata" to the Reuse Plan that was forwarded to the DON in September 1998. The Reuse Plan approved by the DON is comprised of approximately 1602 acres of federal property and a 4.1 acre privately owned parcel. The majority of the site or approximately 1,511 acres in the Reuse Plan are located within the City of Tustin with approximately 95 acres within the City of Irvine. Between November 1992 and October 1996, the City of Tustin held numerous public meetings, workshops, weekend workshops and public hearings soliciting broad-based public input and comment on a variety of base redevelopment issues, opportunities and constraints. These efforts eventually led to the development, consideration and rejection of a number of Reuse Plan alternatives prior to the selection of the approved Reuse Plan for MCAS Tustin. On January 16, 2001, the Tustin City Council approved General Plan Amendment (GPA) 00-001 which adopted amendments to various Elements of the General Plan needed to establish conformity with the MCAS Tustin Reuse Plan and which officially established a new "MCAS Tustin Specific Plan" General Plan designation for that portion of the Reuse Plan property within the City of Tustin. Planning Commission Report Zone Change 02-006 October 28, 2002 Page 3 Numerous Planning Commission workshops in 2001 and 2002 on the Specific Plan document were subsequently held on the Specific Plan document with the most recent workshops having been held on July 22, 2002 and September 9, 2002. DISCUSSION Project Description California Government Code Section 65450 establishes the authority for cities to adopt specific plans by resolution or by ordinance. A Specific Plan is one device for implementing the goals and policies of the Tustin General Plan. A Specific Plan contains the development and reuse regulations that will constitute zoning and planning requirements for the site. Zone Change 02-006 would amend the Tustin Zoning Map and'Tustin City Code as summarized below: · Amend the Tustin Zoning Map from Public and Institutional (P&I) to MCAS Tustin Specific Plan District (SP-1 Specific Plan) and Amendment (see Exhibit 1), and, · Amend the Tustin City Code to add Section 9246 establishing the MCAS Tustin Specific Plan District (SP-1 Specific Plan) zoning regulations (see Exhibit 2). The proposed MCAS Tustin Specific Plan District (SP-1 Specific Plan) (the "Specific Plan" or "Plan") includes detailed planning policies, regulations, implementation strategies and procedures necessary to guide the reuse and development of the site. The Specific Plan has been designed to be practical in economic terms and visionary in its ability to create and respond to future market opportunities. A careful balance between certainty and flexibility underlies the provisions of the Specific Plan. The Specific Plan is organized into five chapters as follows: · Chapter 1 -an introduction and description of the Plan. · Chapter 2 -identifies the intended land uses, community structure, urban design, infrastructure, and utilities for the Plan. · Chapter 3 - the development/reuse requirements and design guidelines. · Chapter 4 - the administration of the Specific Plan and how development/reuse projects will be processed by the City of Tustin. · Chapter 5 - Reuse Implementation Strategy. Planning Commission Report Zone Change 02-006 October 28, 2002 Page 4 · Chapter 6 - Appendix (definitions of the terms used in the document), General Plan consistency analysis, and other background information. Land use and development regulations contained in the Specific Plan establishes by land use category the authorized development square footage and dwelling units permitted, types of use permitted, minimum building site area, maximum building heights, maximum lot coverage permitted, minimum gross floor area per residential unit, landscaping requirements, parking standards, signage regulations, etc. Adoption of the Specific Plan would create the regulatory framework that could, when development is completed, result in: · a maximum of 4,049 dwelling units within the City of Tustin; · Transitional/Emergency Housing for the homeless; · an Urban Regional Park designation around the northern blimp hangar; · a large Community Core area allowing mixed uses; · specialized educational, social service, and law enforcement facilities within a Learning Village; · a Golf Village area with hotel and ancillary retail uses; approximately 11.4 million square feet of non-residential uses such as commercial business, retail, office and light industrial uses, and public and recreation uses (approximately 2.2 million feet is existing floor area on the base and 9.2 million square feet is potential new floor area) could be developed; In addition, both of the National Register of Historic Places listed blimp hangars could be reused, if financially feasible and based on a detailed agreement that the City and County of Orange have entered into with the Department of the Navy, federal Advisory Council and State Office of Historic Preservation. The Specific Plan also proposes major transportation circulation improvements including the extension of Tustin Ranch Road south of its current terminus to Von Karman, the extension of Warner Avenue to Jamboree Road and the installation of an internal looped arterial roadway within the project area. The amount and phasing of development will be based on the sequence of infrastructure installation both on-site and off-site. The Specific Plan is framed around a collection of eight neighborhoods. The neighborhoods are intended to establish a community structure and provide the basis for the range of land uses, intensity of development, urban design characteristics, and Planning Commission Report Zone Change 02-006 October 28, 2002 Page 5 development regulations for 21 Planning Areas. The following provides a summary of the development opportunity provided within each of the eight neighborhoods established by the Specific Plan (see Attachment 1): Neighborhood A (Learning Village) - located along the western edge of the site, the Learning Village will be an important anchor for the community with a range of public-serving uses within a walkable campus setting. Neighborhood A's primary function is to provide education, training, and specific social service functions. The approximately 157 acre Learning Village includes several parcels planned for educational uses, a community park, an abused children's shelter, a transitional housing site, children's day care, etc. Neighborhood ^ contains sites with a land use designation of Learning Village, Community Park and Transitional/Emergency Housing land use designations. Neighborhood B (Village Housing) -located in the northwestern quadrant of the site, the Village Housing neighborhood will allow the development of a variety of housing types, and ensures that a percentage of the Plan's affordable housing requirements are met. The housing will be complemented by commercial village services to meet the daily shopping needs of residents, employees and visitors to the site. The approximately 126 acre Neighborhood B contains sites with a land use designation of Low Density Residential, Medium Density Residential and Village Services. Neighborhood C (Urban Regional Park) - located near the center of the site, the County of Orange's Urban Regional Park will be a significant public amenity that will serve regional and local recreational needs and also provide open space, community resource and educational services, support commercial services and historic preservation activities. The approximately 84.5 acre Neighborhood C contains only one site with a land use designation of Urban Regional Park. Neighborhood D (Community Core) - located near the center of the site, the Community Core will provide an opportunity for one of more unique, large-scale development proposals that would complete the Specific Plan area. The Specific Plan provides a high degree of flexibility providing opportunities for mixed-use development. The approximately 225 acre Neighborhood D contains only one site with a land use designation of Community Core. Neighborhood E (Employment Center) -located in the southwest quadrant of the Specific Plan area, this neighborhood will be an employment center for the community. It will provide a business park setting for a full range of professional offices, research & development, and commercial business uses and will have important connections with Neighborhood A (Learning Village) for advance and Planning Commission Repo~ Zone Change 02-006 Oc~ber28,2002 Page 6 employee education opportunities on site. The approximately 217 acre Neighborhood E contains sites with a common land use designation of Commercial Business. Neighborhood F (Regionally-Oriented Commercial District)- Located in the southeast quadrant of the site, this neighborhood will be an auto-accessible, regional "big box" commercial center to provide commercial retail services, specialty merchandising, wholesale, and discount commercial businesses. The approximately 102 acre Neighborhood F contains sites with a land use designation of Commercial Business and Commercial. One 16.7 acre site within Neighborhood F is currently used by the Department of Army for an Armed Forces Reserve. The Reserve site is proposed with a Commercial land use to support future redevelopment in the event that the Reserves were to dispose of this site. Neighborhood G (Residential Core) - located in the northeastern portion of the site, the Residential Core is intended to function as the primary residential development, supporting a range of housing types including transitional family units, affordable units and market-rate housing, as well as a 500-room hotel and support commercial activities adjacent to a golf course. The 431.9 acre Neighborhood G contains sites with a land use designation of Golf Village, Medium Density Residential, and Low Density Residential. 21.6 acres of Neighborhood G within Planning Area 21 are within the City of Irvine. Consequently, the proposed Specific Plan and Tustin Code amendment would not apply to this portion of Neighborhood G. Neighborhood H (Irvine Residential Neighborhood)- This 73.4 acre Medium Density Residential site is fully within the City of Irvine. Consequently, the proposed Specific Plan and Tustin Code amendment would not apply to this Reuse Plan regulated Neighborhood. As indicated previously, the Specific Plan provides significant flexibility to meet and support economic changes that could occur over time as the base develops. Two important examples of the document's built-in flexibility are as follows: 1. Transfer of Dwelling Unit Allocations - Typically, the maximum number of dwelling units allowed in each Planning Area may not exceed the numbers specified in the Specific Plan for that area. However, if a Planning Area is developed with less than the maximum number of units allowed, then the "unused" residential development potential may be transferred to another Planning Area which supports residential uses, up to a maximum of ten percent (10%) more than the total units allowed. Planning Commission Report Zone Change 02-006 October 28, 2002 Page 7 . Non-Residential Land Use Trip Budget- The Specific Plan includes a land use/trip budget tracking system to manage the forecasted vehicle trips generated by non-residential land uses at the site. The system establishes a maximum limit on the number of average daily trips (ADTs) generated from all non-residential uses within the Specific Plan. As development occurs within each Planning Area, the Community Development Department and Public Works Department will monitor the assumed square footage of non-residential development. Adjustments in the amount, intensity, or mix of uses may occur if consistent with the Specific Plan and approved by the City as long as sufficient trip capacity remains to accommodate remaining development potential in the area. Unused/unneeded ADTs from a developed area's trip budget may be transferred to another neighborhood with the approval of the property owner and the City of Tustin. The Community Development Department will be responsible for administration of the Specific Plan, including: processing assistance, interpretations of provisions, management of the Specific Plan's phasing program and Non-Residential Land Use/Trip Budget, approval of temporary and interim uses, specification of conditions of approval, and authorization of certificates of use and occupancy for both new development and reuse. The Zoning Administrator will be responsible for review and approval of concept plans, design reviews to determine compliance with the Specific Plan; and consideration of Minor Adjustments which do not alter the policy direction of the Plan. The Planning Commission and Zoning Administrator, as defined in the applicable City Code, shall be responsible for approving Variances and Conditional Use Permits; recommending subdivision maps, parcel maps and Specific Plan amendments to the City Council; and acting on any appeals of Community Development Director or Zoning Administrator decisions. The City Council will be responsible for adopting amendments to the Specific Plan; approving subdivision and parcel maps; and acting on appeals to Planning Commission decisions. Site and Surrounding Properties Surrounding properties are described as follows: Uses to the north (from the westerly "Red Hill Avenue" edge to the easterly "Harvard Avenue" edge) include a light industrial business park, and indoor and outdoor storage facility, commercial uses, Edinger Avenue, the Southern California Regional Rail Authority (SCRRA), two large single-family residential tracts (Tustin Meadows and Peppertree), the Santa Ana/Santa Fe Channel, a large industrial park to the east of the proposed extension of Tustin Ranch Road and a light industrial/commercial/service business are located near Jamboree Road and Edinger Avenue. Uses to the west (from the northerly "Edinger Avenue" edge to the southerly "Barranca Parkway" edge) include light industrial, commercial business, business park, and Planning Commission Report Zone Change 02-006 October 28, 2002 Page 8 research and development uses. Properties located south of Warner Avenue are within the City of Santa Ana. Properties north of Warner Avenue are within the City of Tustin. Uses to the south (from the westerly "Red Hill Avenue" edge to the easterly "Harvard Avenue" edge) include a combination of business park, light industrial, industrial and commercial uses in the City of Irvine. Adjacent to Harvard Avenue and south of Tustin's jurisdictional boundaries are existing residential units and vacant property Within the City of Irvine at the former MCAS Tustin. Uses to the east (from the southerly "Barranca Parkway" edge to the northerly SCRRA railroad tracks edge) include residential (Village 38) and recreational uses within the City of Irvine. ENVIRONMENTAL DOCUMENTATION Pursuant to the National Environmental Policy Act (NEPA) as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500-1508) and the California Environmental Quality Act (CEQA) (Calif. Public Resources Code Sec. et. seq. 21000) and the State CEQA Guidelines (Title 14 Cal. Code of Regulations, Section 15000 et. seq.), the City of Tustin and Department of Navy completed a Final Joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR). On January 16, 2001, the Tustin City Council certified the Final EIS/EIR for the Disposal and Reuse of the Marine Corps Air Station (MCAS) Tustin (the Program EIS/EIR). A Notice of Determination was filed on January 23, 2001. Proposed Zone Change 02-006 which includes a Zoning Map Amendment and Amendment to the Tustin City Code was evaluated in the Program EIS/EIR for MCAS Tustin. No additional environmental analysis or action is required prior to City action on the proposed project. ANALYSIS California Government Code Section 65451 requires the following of a Specific Plan: (a) A Specific Plan shall include a text and a diagram or diagrams which specify all of the following in detail: (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. (2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. Planning Commission Repo~ Zone Change 02-006 October28,2002 Page 9 (3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. (4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). (b) The specific plan shall include a statement of the relationship of the specific plan to the general plan. In addition, California Government Code Section 65454 states: "No Specific Plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan." The City Council has the ultimate authority to adopt Zone Change 02-006, amending the Tustin Zoning Map and amending the Tustin City Code to establish the MC,AS TuStin Specific Plan District (SP-1 Specific Plan) zoning designation and regulations. The Tustin Planning Commission is requested to find that the proposed MC,AS Tustin Specific Plan meets all of the aforementioned State requirements and through its adoption of Resolution No. 3848 (see ,Attachment 3) recommend that the Tustin City Council adopt Zone Change 02-006, amending the Tustin Zoning Map to MC,AS Tustin Specific Plan District (SP-1 Specific Plan) and amending the Tustin City Code to establish the MCAS Tustin Specific Plan District (SP-1 Specific Plan) zoning regulations. Findings supporting the Planning Commission's adoption of Resolution No. 3848 are identified below: That closure of MCAS Tustin and completion of the federally mandated Reuse Plan for MC,AS Tustin necessitates that the current Tustin Zoning Map and Tustin City Code be amended prior to implementing actions that will result in the economic redevelopment of the base for civilian purposes. . That the City of Tustin has prepared Zone Change 02-006, an amendment of the Tustin Zoning Map from Public and Institutional (P&I) to MC,AS Tustin Specific Plan District (SP-1 Specific Plan) and an amendment to the Tustin City Code to establish the MCAS Tustin Specific Plan District (SP-1 Specific Plan) zoning regulations in accordance with Section 65451 of the California Government Code. 3. That approval of the revisions proposed for Zone Change 02-006 will result in the systematic implementation of the Tustin General Plan and will serve as an effective guide for the orderly growth and development of compatible uses of the subject property in a manner that will not be detrimental to the health, safety, morals, Planning Commission Report Zone Change 02-006 October 28, 2002 Page 10 comfort or general welfare of Persons residing or working in or adjacent to the former MCAS Tustin property. 4. Reasonable alternatives to the project and their implications have been considered. 5. That Zone Change 02-006 and establishment of the MCAS Tustin Specific Plan District (SP-1 Specific Plan) conforms to the City's General Plan, as most recently amended in February 2002 in accordance with Section 65454 of the California Government Code. 6. Administration of the MCAS Tustin Specific Plan is thoroughly integrated into 'the City's development processing system. Elizabeth A. Binsack Director of Community Development Dana Ogdon Redevelopment Program Manager Christine A. Shinglet,~ ' Assistant City Manager Attachment: Attachment 1: Attachment 2: MCAS Tustin Specific Plan Neighborhoods Map Resolution 3848, and Exhibit 1: Ordinance 1257 Approving Zone Change 02-006, an amendment to the Tustin Zoning Map to reclassify certain properties from their existing Public And Institutional (P&I) District zoning designation to MCAS Tustin Specific Plan District (SP-1 Specific Plan) in order to establish consistency with General Plan Amendment 00-001, and the addition of Section 9246 to the Tustin City Code related to the establishment of the MCAS Tustin Specific Plan District (SP-1 Specific Plan) zoning regulations. S:\CDD\PCREPOR'lSmcaszonechange02-006.doc Attachment 1 MCAS Tustin Specific Plan Neighborhoods Map Chapter 3 · Land Use and Development/Reuse Regulations S~i~RA/OCTA · NLROAG EOtNGER AVE SANTA ANA/SANTA FE CI'[ANNEL (FIO) Neighborhoods z R~.L STATION S~TE-'~ I ROAD V,~LENCIA AVE T/EH MOFFETT AVE WARNER AVE PKWY LEGEND / / / / / MARBLE UOUNTAIN LDR NEIGHBORHOOD A - LEARNINO VILLAGE NEIGHBORHOOD B -VII. LAGE HOUSING NEIGHBORHOOD C - REGIONAL PARK NEIGHBORHOOD D - COMMUNITY CN~.E NEIGHBORHOOD E - EMPLOYMENT CENTER NEIGHBORHOOD F - REGIONALLY-ORIENTED COMMERCIAL DISTRICT NEIGHBORHOOD G - RESIDENTIAL CARE NEIGHBORHOOD H - IRVINE RESDENTIAL MC:AS TUSTIN BOUNDARY tRVINE/TUSTIN/SANTA ANA BOUNOARY /HIS I~ A GR~ I"~Pt~E~ENR. ATION OF A PI,~NG~IERIN~ CONCEPT, RNAL DESIGN SOLUTIONS {LOCATt(~-~ AN~ ,S~ING} WILL ~ PROPO~D AND REVIEWED SPECIFIC PLAN BOUNDARY OF SUS~EQUENI' APPRC~.AL$ NEEDED BYI'HE RESPECTIVE AGENCY Wfl'H ~DICIION~ THE ~ PLANN!NG CENTER MCAS Tustin Specific Plan~Reuse Plan City of Tastin Figu~'e 3-2 Attachment 2 Resolution 3848 and Exhibit 1 Ordinance No. 1257 RESOLUTION NO. 3848 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 02-006, AMENDING THE TUSTIN ZONING MAP FROM PUBLIC AND INSTITUTIONAL (P&I) TO MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) AND AMENDMENT OF THE TUSTIN CITY CODE TO ADD SECTION 9246 ESTABLISHING THE MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) ZONING REGULATIONS. The Planning Commission of the City of Tustin ("City") does hereby resolve as follows: I. The Tustin Planning Commission finds and determines as follows: A. Marine Corps Air Station (MCAS) Tustin has been determined surplus to the needs of the federal government and has been approved for disposal by the United States Department of the Navy (DON) in accordance with the Defense Base Closure and Realignment Act (DBCRA) of 1990 (10 USC 2687) and the pertinent base closure and realignment decisions of the Defense Base Closure and Realignment Commission approved 'by the. President and accepted by Congress in 1991, 1993, and 1995; and, B. The City of Tustin has been approved by the Department of Defense as the Local Redevelopment Authority (LRA) for MCAS Tustin and is responsible for preparing a Reuse Plan describing the reuse of the installation and providing recommendations to the DON for disposal of the former base to various public agencies and the homeless. The goal of base disposal and reuse is economic redevelopment and job creation to help replace the economic stimulus previously provided by the military installation. The LRA submitted the Reuse Plan for MCAS Tustin to the Department of Defense in October 1996, and an Errata amending the Reuse Plan in September 1998; and, Co On January 16, 2001, the Tustin City Council adopted Resolution 00-90 that certified the Joint Final EIS/EIR for the Disposal and Reuse of MCAS Tustin, and adopted Resolution 00-91 that adopted General Plan Amendment 00-001 establishing a MCAS Tustin Specific Plan general plan land use designation for the Tustin portion of the former MCAS Tustin and adjacent 4.1-acre property in anticipation that Specific Plan zoning regulations would be adopted for the site. Resolution No. 3848 Page 2 D, California State law allows a City to adopt a specific plan for the systematic implementation of the General Plan and to provide comprehensive direction for the development type, location and intensity of uses, design and capacity of infrastructure, design guidelines, and other planning activities. The closure of MCAS Tustin and implementation of the MCAS Tustin Specific Plan necessitates the amendment of the Tustin Zoning Map and Tustin City Code; and, E, The Tustin Planning Commission has received a request to consider and make a recommendation to the Tustin City Council on the proposed Zone Change 02- 006 that is intended to amend the Tustin Zoning Map from Public and Institutional (P&I) to MCAS Tustin Specific Plan District (SP-1 Specific Plan) and amend the Tustin City Code to add Section 9246 establishing the MCAS Tustin Specific Plan District (SP-1 Specific Plan) zoning regulations that will apply to future development within the Specific Plan area. Fo The MCAS Tustin Specific Plan project, evidenced by the proposed zone change project was evaluated in the Program EIS/EIR. No additional environmental analysis or action is required prior to City action on the proposed project. G, On October 28, 2002, the Tustin Planning Commission held a duly-noticed public hearing to provide a further opportunity for the general public to comment on and respond to the proposed Zone Change 02-006; and H. The Tustin Planning Commission has received, reviewed and considered the proposed Zone Change 02-006, the testimony, evidence and comments made at the public hearing and has made the following Findings: 1. That closure of MCAS Tustin and completion of the federally mandated Reuse Plan for MC^S Tustin necessitates that the current Tustin Zoning Map and Tustin City Code be amended prior to implementing actions that will result in the economic redevelopment of the base for civilian purposes. 2. That the City of Tustin has prepared Zone Change 02-006, an amendment of the Tustin Zoning Map from Public and Institutional (P&I) to MCAS Tustin Specific Plan District (SP-1 Specific Plan) and an amendment to the Tustin City Code to establish the MCAS Tustin Specific Plan District (SP-1 Specific Plan) zoning regulations in accordance with Section 65451 of the California Government Code. 3. That approval of the revisions proposed for Zone Change 02-006 will result in the systematic implementation of the Tustin General Plan and will serve as an effective guide for the orderly growth and development of compatible uses of the subject property in a manner that will not be Resolution No. 3848 Page 3 detrimental to the health, safety, morals, comfort or general welfare of persons residing or working in or adjacent to the former MCAS Tustin property. 4. Reasonable alternatives to the project and their implications have been considered. . That Zone Change 02-006 and establishment of the MCAS Tustin Specific Plan District (SP-1 Specific Plan) conforms to the City's General Plan, as most recently amended in February 2002 in accordance with Section 65454 of the California Government Code. 6. Administration of the MCAS Tustin Specific Plan is thoroughly integrated into the City's development processing system. II. The Tustin Planning Commission hereby recommends that the Tustin City Council approve Zone Change 02-006, amending the Tustin Zoning Map and Tustin City Code as identified in "Exhibit 1" attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 28th day of October 2002. STEPHEN V. KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3848 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of October, 2002. ELIZABETH A. BINSACK Planning Commission Secretary Mcas\pcreso3848.doc Exhibit 1 Ordinance No. 1257 ORDINANCE NO. 1257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 02-006, AN AMENDMENT TO THE TUSTIN ZONING MAP TO RECLASSIFY CERTAIN PROPERTIES FROM THEIR EXISTING PUBLIC AND INSTITUTIONAL (P&I) DISTRICT ZONING DESIGNATION TO MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) IN ORDER TO ESTABLISH CONSISTENCY WITH GENERAL PLAN AMENDMENT 00-001, AND THE ADDITION OF SECTION 9246 TO THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF THE MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) ZONING REGULATIONS. The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council of the City of Tustin finds and determines as follows; A. The former Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of recommendations by the Federal Base Closure and Realignment Commission. B. The City of Tustin approved a Reuse Plan in October 1996, that was subsequently amended by an Errata in September 1998, and which provides for future land uses at the former MCAS Tustin and an approximate 4.1-acre immediately adjacent parcel currently owned by The Irvine Company. C. On January 16, 2001, the Tustin City Council adopted Resolution 00-90 that certified the Joint Final EIS/EIR for the Disposal and Reuse of MCAS Tustin, and adopted Resolution 00-91 that adopted General Plan Amendment 00-001 establishing a MCAS Tustin Specific Plan general plan land use designation for the Tustin portion of the former MCAS Tustin and adjacent 4.1-acre property in anticipation that Specific Plan zoning regulations would be adopted for the site. D. The Tustin Zoning Map currently identifies the zoning for the Tustin portion of the former MCAS Tustin and adjacent 4.1-acre property Ordinance No. 1257 Page 2 as Public and Institutional (P&I). Adoption of a zoning designation consistent with the approved Reuse Plan and General Plan Amendment 00-001 is now required. E. The City of Tustin has prepared the MCAS Tustin Specific Plan and proposed Zoning Map change to ensure the orderly development and improvement of the former MCAS Tustin and immediately adjacent private property consistent with the general plan objectives, policies, programs for development of the former MCAS Tustin and an approximate 4.1-acre adjacent parcel currently owned by The Irvine Company. F. The Tustin City Code does not currently include provisions establishing the MCAS Tustin Specific Plan zoning regulations and requirements and therefore must be amended to provide sufficient and clear guidance regarding development consistent'with the MCAS Tustin Specific Plan designation within the Tustin General Plan. G, Section 65850 of the Government Code allows the City to adopt ordinances that regulate the use of buildings, structures, and land; the intensity of land use; and off-street parking and loading. H, This Code Amendment is necessary to protect the health, welfare, safety, morals, comfort or general welfare of the citizens of Tustin and the community vision for the City by providing permanent regulations for the former MCAS Tustin site. The Planning Commission, at a public hearing that was duly noticed, called, and held on Zone Change 02-006 on October 28, 2002, approved Resolution No. 3848 recommending that the City Council adopt Zone Change 02-006. J, A public hearing was duly called, noticed, and held by the Tustin City Council on Zone Change 02-006 on ., 2002. Ko The MCAS Tustin Specific Plan, evidenced by the proposed zone change project was evaluated in the Program EIS/EIR. No additional environmental analysis or action is required prior to City action on the proposed project. Section 2. The City Council hereby approves Zone Change 02-006 which approves the following specific actions: Ordinance No. 1257 Page 3 , . Amend the Tustin zoning map to reclassify the Tustin portion of the former MCAS Tustin and an adjacent 4.1-acre parcel currently owned by The Irvine Company from Public and Institutional to MCAS Tustin Specific Plan District (SP-1 Specific Plan) as shown on Exhibit A attached hereto and incorporated herein by reference. Amend Article 9 of the Tustin City Code to add Section 9246 to the Tustin Municipal Code to read as follows: 9246 MCAS Tustin Specific Plan District (SP-1 Specific Plan) a. Purpose The purpose of the MCAS Tustin Specific Plan District (SP-1 Specific Plan) is to establish zoning regulations to guide the orderly development and improvement in accordance with the MCAS Tustin Specific Plan for that portion of the city which is designated as MCAS Tustin Specific Plan on the official zoning map of the city. The preparation and adoption of a specific plan is authorized by Chapter 3, Article 8 of the State of California Planning and Zoning Law (Government Code Sections 65450 et. seq.). The MCAS Tustin Specific Plan replaces the usual development standards otherwise applicable to most property within the City of Tustin. b. Adoption of MCAS Tustin Specific Plan. There is adopted the MCAS Tustin Specific Plan, the text of which is set forth in the document entitled "MCAS Tustin Specific Plan/Reuse Plan" attached to this ordinance as Exhibit B, which is attached hereto and incorporated herein by reference as if fully set forth herein. c. Applicability The SP-1 Specific Plan District is established by this chapter. The provisions of this section shall apply to all property shown on the official zoning map within the SP-1 Specific Plan District. The regulations set forth in the MCAS Tustin Specific Plan shall apply to the SP-1 Specific Plan District only in so far as they are not inconsistent with the Tustin General Plan. d. Permitted Uses and Development Standards All property within the SP-1 District shall be developed and maintained in accordance with all policies, requirements, regulations and provisions set forth the in the MCAS Tustin Specific Plan. Ordinance No. 1257 Page 4 e. Zoning Adoption or Change The SP-1 District zoning shall be adopted or changed by the same procedure prescribed within the Tustin City Code for zoning district amendments and consistent with State of California Planning and Zoning Law. An amendment to the MCAS Tustin Specific Plan may be processed as described within Section 4.2.7 of the MCAS Tustin Specific Plan. Amendments to the MCAS Tustin Specific Plan may be adopted by ordinance and may be amended as often as deemed necessary by the Tustin City Council. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the__ day of ., 2002. JEFFERY M.THOMAS Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS Ordinance No. 1257 Page 5 CERTIFICATION FOR ORDINANCE NO. 1257 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1257 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the __ day of ,2002 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the__ day of ,2002 by the following vote: COUNClLMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Mcas~ncasreuseplan\ordinance 1257.doc Exhibit A Tustin Zoning Map Amendment MCAS Tustin Specific Plan District (SP-1 Specific Plan)