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HomeMy WebLinkAboutPC RES 4265RESOLUTION NO. 4265 • • , R , • •; Ajjff0]ff0j0jjjI9 • •. .,. •. , The Planning Commission does hereby resolve as follows: 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 EI 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 EI 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: 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. I 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. 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. 11. 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 gth day of September, 2014. Austin Lumbard Chair Pro Tem 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 1, 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 9th day of September, 2014. A ilkicin A A ELIZABETH A. BINSACK Planning Commission Secretary Altowaiji, Kozak, Lumbard, Smith (4) -Thompson 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 EI 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, 20147 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. M U R RAY 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 21st 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