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HomeMy WebLinkAbout03 PC REPORTAG NDA R POR MEETING DATE: SEPTEMBER 9, 2014 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM #3 SUBJECT: ZONE CHANGE 2014 -002 AND CONDITIONAL USE PERMIT 2014 -17, A REQUEST TO REZONE AN EXISTING VACANT PARCEL AND RESPITE PARK FROM CENTRAL COMMERCIAL (C2) DISTRICT TO PUBLIC AND INSTITUTIONAL (P &I) DISTRICT AND APPROVE A CONDITIONAL USE PERMIT FOR A SMALL PUBLIC PARK APPLICANT: SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY ATTN: JEFFREY C. PARKER 300 CENTENNIAL WAY TUSTIN, CA 92780 PROPERTY OWNER: SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY ATTN: JEFFREY C. PARKER 300 CENTENNIAL WAY TUSTIN, CA 92780 LOCATION: 450 EL CAMINO REAL GENERAL PLAN: OLD TOWN COMMERCIAL ZONING: CENTRAL COMMERCIAL (C2), CULTURAL RESOURCES DISTRICT (CR) AND COMBINING PARKING (P) DISTRICT EXISTING LAND USE: VACANT LAND AND 2,300 SQUARE FEET RESPITE PARK ENVIRONMENTAL: THIS PROJECT IS EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15061(b)(3) —THE ZONE CHANGE WILL NOT HAVE ANY SIGNIFICANT AFFECT TO THE ENVIRONMENT. REQUEST: TO REZONE AN EXISTING VACANT LAND AND RESPITE PARK FROM CENTRAL COMMERCIAL (C2) DISTRICT TO PC Report September 9, 2014 ZC 2014 -002 & CUP 2014 -17 Page 2 PUBLIC AND INSTITUTIONAL (P &I) DISTRICT AND APPROVE A CONDITIONAL USE PERMIT FOR A SMALL PUBLIC PARK 450 El Camino Real RECOMMENDATION: That the Planning Commission adopt Resolution No. 4265, recommending that the City Council approve Zone Change (ZC) 2014 -002 changing the zoning of an existing vacant land with respite park from Central Commercial (C2) District to Public and Institutional (P &I) District and approving Conditional Use Permit (CUP) 2014 -17 for a public park. APPROVAL AUTHORITY: Tustin City Code (TCC) Section 9295f authorizes the Planning Commission to make recommendations to the City Council regarding zone change applications. TCC 9245b requires approval of a CUP for public parks, playgrounds and recreation centers within the P &I district. TCC Section 9291 gives the Planning Commission the authority to evaluate and grant requests for CUPs. However, because the approval of CUP 2014 -17 is contingent upon the approval of ZC 2014 -002 by the City Council, the Planning Commission is requested to make a recommendation regarding CUP 2014 -17 to the City Council. BACKGROUND: Project Site and Surrounding Uses The property at 450 El Camino Real, also identified as Assessor Parcel No. 401 - 622 -10, is located within the Central Commercial (C2), Cultural Resources (CR) and Combining PC Report September 9, 2014 ZC 2014 -002 & CUP 2014 -17 Page 3 Parking (P) overlay zoning districts. The General Plan Land Use designation is Old Town Commercial, which allows for public and institutional facilities such as public parks. The subject property is located on the west side of El Camino Real, approximately 250 feet south of Main Street. The property is bounded by single family residences to the north and south, the Steven Square parking structure to the west and El Camino Real to the east. All of the surrounding properties are zoned C2. Figure 1 — Area Map The Tustin Community Redevelopment Agency acquired the 7,400 square -foot property in 1982. As a result of the passage of AB1 X 26 and the State Supreme Court's ruling in December 2011, the Successor Agency to the Tustin Community Redevelopment Agency began the dissolution of the program and the Successor Agency now assumes ownership of properties owned by the Tustin Community Redevelopment Agency. The previous residential structure on the property was demolished in the early 1980s and the property has been vacant since that time. In 2007, the City constructed an approximately 2,300 square feet respite park in the front portion of the property and includes landscaping, bench seating and artwork. The respite park is approximately forty -six (46) feet wide by fifty (50) feet deep, which is one -third the depth of the property. The existing wood fence on the property separates the respite park area from the remaining vacant property. The photos in Figure 2 show the different aspects of the subject property. PC Report September 9, 2014 ZC 2014 -002 & CUP 2014 -17 Page 4 Figures 2 - Site Photos PROJECT DESCRIPTION: Proposal The Successor Agency is requesting to rezone the subject property from the current C2 Zoning District to P &I District and establish a CUP for a public park, so as to be consistent with the existing use of the property as a respite park (Figures 3 and 4). No change to the existing overlay zoning of CR and P is proposed and no new physical improvement or modification to the property is proposed. PC Report September 9, 2014 ZC 2014 -002 & CUP 2014 -17 Page 5 ANALYSIS: Figure 3 - Existing Zoning Figure 4 - Proposed Zoning Zone Change TCC Section 9295 specifies that any amendment to the zoning of a property may be initiated and adopted as other ordinances are amended or adopted. The project site is located within the Central Commercial (C2) Zoning District, which allows for retail and office uses. The surrounding properties are also zoned C2; however the existing surrounding uses are a mix of retail, office and residential uses. The C2 zone does not list public park uses as permitted or conditionally permitted use. The proposed zone change and associated conditional use permit would create zoning consistency and compliance for the existing park use. PC Report September 9, 2014 ZC 2014 -002 & CUP 2014 -17 Page 6 The park has existed since 2007 and is used as a rest area, urban open space, place for art displays and other passive community activities. This open space serves as a positive feature to the residents, visitors and employees in the area. The respite park is consistent with the Old Town theme and character. It is small in scale, pedestrian friendly and a unique feature within the fabric of Old Town, similar to the numerous small stores and restaurants in Old Town. The nature of a park use is to serve persons and other uses in the immediate area and therefore it is a typical land use pattern for P &I districts with park uses to be imbedded within other zoning districts. The proposed zone change is an opportunity to maintain open space within Old Town, where open space is generally lacking. The only other public park within Old Town is Pepper Tree Park, located to the north on First Street, between `B' and `C' Streets. El Camino Real has some bench seating along the sidewalk, near the store fronts. However, those taking advantage of this amenity would be positioned between the sidewalk and vehicular traffic or street parking, which may not be an ideal situation for some pedestrians. The existing respite park expands and enhances the pedestrian experience along El Camino Real by providing an area for people to move away from the street while still enjoying the Old Town area. Although the proposed zone change will establish P &I zoning within the C2 zoning block (Figure 4), the proposed zone change is not spot zoning since the respite park provides a public benefit and that it is typical of park uses in P &I districts to be surrounded by other zoning districts, such as commercial and residential. Spot zoning is a term used to describe a discriminatory zoning of a small parcel that is surrounded by land within a different zone and is contrary to orderly development and sound land use principles. Overall, the proposed zone change would serve a public benefit by providing the community with public open space, enhanced public amenity in Old Town and improve livability within the immediate area. The P &I zoning and park land use is complementary to the surrounding zones and uses and is not contrary to orderly development or sound land use principles in that the P &I zone and park use exist to provide a service and amenity to the surrounding community. General Plan Consistency The site has a General Plan Land Use designation of Old Town Commercial, which includes public /institutional facilities as an acceptable use within the designation. Therefore, the respite park use is consistent with the Old Town Commercial General Plan Land Use Element designation. In addition, the proposed zone change supports the following General Plan Land Use Element 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 PC Report September 9, 2014 ZC 2014 -002 & CUP 2014 -17 Page 7 community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. • Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. • 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. Conditional Use Permit TCC Sections 9245b9 and 9291 specify that public parks are conditionally permitted in P &I zoning districts and subject to approval of the Planning Commission. Since the project involves a proposed zone change to be considered by the City Council, the Planning Commission is asked to recommend to the City Council regarding the CUP. The subject CUP would bring the existing respite park use into zoning compliance. It is the Successor Agency's intent to maintain the existing improvements and use as a public park amenity for the Old Town community. Typical activities at the park include sitting, strolling, walking a dog, and eating lunch. Park use would likely be incidental to an activity in which the individual is engaged, such as shopping, dining, work, running errands or leisurely activities. As conditioned, the proposed use would be required to remain a public park, subject to TCC requirements, and any changes or intensification to the use would require City approval. Noise Activities at the park usually include passive activities such as sitting and strolling, which do not generate excessive noise. Accordingly, no noise impacts are anticipated since the existing respite park use will remain. Cultural Resources Overlay District The respite park is consistent with the purposes of the CR District (TCC 9252a) such as to: 1. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, aesthetic, political, social, natural and engineering heritage. 2. Encourage public knowledge, understanding and appreciation of the City's past. PC Report September 9, 2014 ZC 2014 -002 & CUP 2014-17 Page 8 3. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. 4. Promote the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. ENVIRONMENTAL: This project is exempt from further environmental review pursuant to CEQA Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. No new development to the property is proposed. The proposed project has no possibility for significant effect on the environment; therefore, the project is not subject to CEQA. FINDINGS: In determining whether to recommend that the City Council approve the proposed project, the Planning Commission must determine whether or not the proposed project will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, or be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. A decision to recommend that the City Council approve this request may be supported by the following findings: 1) That the proposed zone change is consistent with the General Plan in that the Old Town Commercial General Plan Land Use Designation includes public /institutional facilities as an acceptable use. The public park use is appropriate under the General Plan Old Town Commercial Land Use Element designation in that the public park serves as a public /institutional facility benefiting the public at large. Zone Change 2014 -002 implements the following goals and policies of the General Plan Land Use Element: a. 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. b. Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. PC Report September 9, 2014 ZC 2014 -002 & CUP 2014 -17 Page 9 c. 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. 2) That the proposed amendment to the zoning district is in the best interest of the public and ensures consistency between the General Plan, Zoning Ordinance and the existing use in that: a. The proposed Zone Change to P &I District would be compatible with the adjacent C2 Zoning Districts in that the zoning designation would allow the existing public park use, with approval of a conditional use permit. b. The proposed Zone Change to P &I District would result in a situation that is typical of P &I zones with public parks where it is surrounded by other zoning designations and that the nature of P &I zones is to serve the surrounding community and land uses. 3) That the park on the subject property has existed since 2007. The proposed use would not have any impacts to the area since the property is already a respite park and no new modifications are proposed. 4) That the park is a positive feature and amenity in the Old Town area in that open space and public park areas in Old Town are limited and the zone change would expand open space and recreation opportunities in the immediate area. 5) That the park enhances the variety of uses and activities in the Old Town urban setting and provides more activity options for the Old Town residents and visitors. 6) The proposed public park use is consistent and compatible with other uses in the adjacent commercial properties in that the park provides an area for residents, pedestrians and other visitors to Old Town to rest and enjoy passive activities as part of their primary activity in Old Town. 7) The respite park is an ancillary use to the surrounding Old Town commercial uses and is not anticipated to result in parking impacts since the public park is passive, small in nature and not anticipated to generate additional parking demand. 8) The public park use is authorized pursuant to Section 9245b9 of the Tustin City Code with the approval of Zone Change 2014 -002 and Conditional Use Permit 2014 -17. PC Report September 9, 2014 ZC 2014 -002 & CUP 2014 -17 Page 10 Edmelynn . Hutter Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4265 :/ I : 19 F�a ",14 -LL Elizabeth A. Binsack Director of Community Development ATTACHMENT A LOCATION MAP LOCATION MAP ZC 2014 -002 & CUP 2014 -17 450 EL CAMINO REAL - y 333 325 3. k m '. rN 0 ■ CAIN V ■ — -- f T O RJ fir` 148' ' CQ Eyed} �� € .. pq y, {{' g ' 4 �y.[qy�. �A w�. -.a �f 443Y' X4w� h h ,.� 0 434 4:05 RR'4i` #� - e• e ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): ZC 2014 -002 & CUP 2014 -17 2. LOCATION: 450 El Camino Real 3. LOT: 1 BLOCK: 17 TRACT: 793 4. APN(S): 401 - 622 -10 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: N/A 6. SURROUNDING LAND USES: NORTH: Residential SOUTH: Residential EAST: Retail WEST: Parking Structure 7. SURROUNDING ZONING DESIGNATION: NORTH: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P� SOUTH: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P� EAST: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P) WEST: Central Commercial (C2), Cultural Resources Overlay (CR), Parking Overlay (P) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Old Town Commercial SOUTH: Old Town Commercial EAST: Old Town Commercial WEST: Old Town Commercial 9. SITE LAND USE: EXISTING PROPOSED Use: Vacant / Respite Park No Change Zoning: Central Commercial, Cultural Public & Institutional, Cultural Resources Overlay, Parking Overlay Resources Overlay, Parking Overlay General Plan: Old Town Commercial No Chang DEVELOPMENT FACTS: 10. LOT AREA: 7,405 S.F. or 0.17 ACRES 11. BUILDING LOT COVERAGE: 100% MAX. PERMITTED As approved PROPOSED 12. SITE LANDSCAPING: N/A REQUIRED As approved PROPOSED 13. OPEN SPACE: N/A REQUIRED As approved PROPOSED 14. PARKING: 1 sp : 250 S.F. REQUIRED As approved PROPOSED 15. BUILDING HEIGHT: 50 feet MAX. PERMITTED As approved PROPOSED 16. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 0 feet N/A SIDE: 0 feet N/A REAR: 5 feet N/A 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A Forms: Land UseApplication FactSheet ATTACHMENT C SUBMITTED PLANS 450 El Camino Real 450 El Camino Real Proposed Zone Change Existing Zoning Proposed Zoning ATTACHMENT D PLANNING COMMISSION RESOLUTION NO. 4265 RESOLUTION NO. 4265 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1448 (ZONE CHANGE 2014 -002 AMENDING THE ZONING DESIGNATION FROM CENTRAL COMMERCIAL (C2) TO PUBLIC AND INSTITUTIONAL (P &I)) AND APPROVAL OF CONDITIONAL USE PERMIT 2014 -17 FOR A PUBLIC PARK USE FOR A PROPERTY LOCATED AT 450 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Zone Change (ZC) 2014 -002 and Conditional Use Permit (CUP) 2014 -17 was filed by the Successor Agency to the Tustin Community Redevelopment Agency, requesting to rezone the property located at 450 El Camino Real from Central Commercial (C2) to Public and Institutional (P &I) and approval for Conditional Use Permit (CUP) 2014 -17 for a public park use at 450 El Camino Real. The application was submitted based on the following reasons: 1. The property has been vacant since the early 1980s. 2. The respite park has existed since 2007. 3. The public park use provides a benefit to the community and it is in the interest of the community that the park use be maintained. 4. The property was previous owned by the Tustin Community Redevelopment Agency and now owned by the Successor Agency to the Tustin Community Redevelopment Agency. 5. A zone change and CUP would make the zoning consistent with the existing use and provide assurance that the park use will be maintained. B. That a public hearing was duly called, noticed and held on said application on September 9, 2014, by the Planning Commission. C. That the proposed zone change is consistent with the General Plan in that the Old Town Commercial General Plan Land Use Designation includes public /institutional facilities as an acceptable use. The public park use is appropriate under the General Plan Old Town Commercial Land Use Element designation in that the public park serves as a public /institutional facility benefiting the public at large. ZC 2014 -002 implements the following goals and policies of the General Plan Land Use Element: 1. Goal 1: Provide for a well - balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, Resolution No. 4265 ZC 2014 -002 & CUP 2014 -17 Page 2 open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. 3. 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. D. That the proposed amendment to the zoning district is in the best interest of the public and ensures consistency between the General Plan, Zoning Ordinance and the existing use in that: 1. The proposed ZC to P &I District would be compatible with the adjacent C2 Zoning Districts in that the zoning designation would allow the existing public park use, with approval of a conditional use permit. 2. The proposed ZC to P &I District would result in a situation that is typical of P &I zones with public parks where it is surrounded by other zoning designations and that the nature of P &I zones is to serve the surrounding community and land uses. E. That the park on the subject property has existed since 2007. The proposed use would not have any impacts to the area since the property is already a respite park and no new modifications are proposed. F. That the park is a positive feature and amenity in the Old Town area in that open space and public park areas in Old Town are limited and the zone change would expand open space and recreation opportunities in the immediate area. G. That the park enhances the variety of uses and activities in the Old Town urban setting and provides more activity options for the Old Town residents and visitors. H. That the establishment, maintenance, and operation of the proposed public park use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. The proposed public park use is consistent and compatible with other uses in the adjacent commercial properties in that the park provides an area for Resolution No. 4265 ZC 2014 -002 & CUP 2014 -17 Page 3 residents, pedestrians and other visitors to Old Town to rest and enjoy passive activities as part of their primary activity in Old Town. 2. The respite park is an ancillary use to the surrounding Old Town commercial uses and is not anticipated to result in parking impacts since the public park is passive, small in nature and not anticipated to generate additional parking demand. 3. The public park use is authorized pursuant to Section 9245b9 of the Tustin City Code with the approval of ZC 2014 -002 and CUP 2014 -17. I. That this project has been determined to be exempted pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the proposed Zone Change and Conditional Use Permit wound ensure consistency between the General Plan, Zoning designations and existing use. The proposed project has no possibility for significant effect on the environment; therefore, the project is not subject to CEQA. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1448 (ZC 2014 -002) and approve CUP 2014 -17, amending the zoning designations from Central Commercial (C2) to Public and Institutional (P &I), as identified in Exhibit A attached hereto, and establish a conditional use permit for a public park use, subject to the conditions contained within Exhibit B attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 9t" day of September, 2014. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4265 ZC 2014 -002 & CUP 2014 -17 Page 4 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. 4265 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9t" day of September, 2014. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4265 ZONE CHANGE 2014 -002 DRAFT ORDINANCE NO. 1448 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 2014 -002 AMENDING THE ZONING DESIGNATION FROM CENTRAL COMMERCIAL (C2) TO PUBLIC AND INSTITUTIONAL (P &I) FOR A PROPERTY LOCATED AT 450 EL CAMINO REAL TO ACCOMMODATE AN EXSITING PUBLIC PARK USE. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That a proper application has been submitted by the Successor Agency to the Tustin Community Redevelopment Agency to change the zoning designations from Central Commercial (C2) to Public and Institutional (P &I) to accommodate a small public park use at 450 El Camino Real. B. That a public hearing was duly called, noticed, and held on said application on September 9, 2014, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4265 recommending that the Tustin City Council approve Zone Change (ZC) 2014 -002 by adopting Ordinance No. 1448. C. That a public hearing was duly called, noticed, and held on said application on October 7, 2014, by the City Council. D. That the proposed zone change is consistent with the General Plan in that the Old Town Commercial General Plan Land Use Designation includes public /institutional facilities as an acceptable use. The public park use is appropriate under the General Plan Old Town Commercial Land Use Element designation in that the public park serves as a public /institutional facility benefiting the public at large. ZC 2014 -002 implements the following goals and policies of the General Plan Land Use Element: 1. 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. 2. Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be Draft Ordinance No. 1448 Page 2 adequate in size and location to be usable for active or passive recreation as well as for visual relief. 3. 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. E. That the proposed amendment to the zoning district is in the best interest of the public and ensures consistency between the General Plan, Zoning Ordinance and the existing use in that: 1. The proposed ZC to P &I District would be compatible with the adjacent C2 Zoning Districts in that the zoning designation would allow the existing public park use, with approval of a conditional use permit. 2. The proposed ZC to P &I District would result in a situation that is typical of P &I zones with public parks where it is surrounded by other zoning designations and that the nature of P &I zones is to serve the surrounding community and land uses. F. That the park on the subject property has existed since 2007. The proposed use would not have any impacts to the area since the property is already a respite park and no new modifications are proposed. G. That the park is a positive feature and amenity in the Old Town area in that open space and public park areas in Old Town are limited and the zone change would expand open space and recreation opportunities in the immediate area. H. That the park enhances the variety of uses and activities in the Old Town urban setting and provides more activity options for the Old Town residents and visitors. I. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the proposed ZC and CUP would ensure consistency between the General Plan and Zoning designations and would allow existing park use. The proposed project has no possibility for significant effect on the environment; therefore, the project is not subject to CEQA. SECTION 2. The City Council hereby adopts Ordinance No. 1448 (Zone Change 2014- 002), amending the Zoning designations of the subject property from Central Commercial (C2) to the Public and Institutional (P &I) zoning district, as identified in Exhibit 1 attached hereto. Draft Ordinance No. 1448 Page 3 SECTION 3. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2014. E LWY N A. MURRAY Mayor ATTEST: JEFFREY C. PARKER City Clerk Draft Ordinance No. 1448 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1448 JEFFREY C. PARKER, 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. 1448 was duly and regularly introduced and read at the regular meeting of the City Council held on the 7th day of October, 2014, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 21 st day of October, 2014, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: JEFFREY C. PARKER City Clerk Published: Draft Ordinance No. 1448 Page 5 EXHIBIT 1 ORDINANCE NO. 1448 Proposed Zone Change 2014 -002 Existing Proposed EXHIBIT B RESOLUTION NO. 4265 CONDITIONAL USE PERMIT 2014 -17 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 21, 2014, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 CUP 2014 -17 may be reviewed, if necessary, by the Community Development Director to ensure compatibility with surrounding uses. If the use is not operated in accordance with CUP 2014 -17 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. USE RESTRICTIONS * ** 2.1 The use on the subject property shall remain as a respite park and shall comply with Tustin City Code Sections 7111, 7112 and 7113 related to public parks use and conduct. Any changes to the use of the facility shall be reviewed by the Community Development Department. (1) 2.2 All activities shall comply with the City's Noise Ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTION