HomeMy WebLinkAbout01 FIRST READING OF ORDINANCE 1448 REGARDING REZONING 450 EL CAMINO REALAgenda Item
AGENDA REPORT nevio Mager
Finance Director IA
MEETING DATE: OCTOBER 7, 2014
TO: JEFFREY C. PARKE=R, CITY MANAGER
FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR
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
SUMMARY:
The project is a request to rezone an existing vacant parcel and respite park, located at 460 El
Cam -no Real, from Central Commercial (C2) to Public and Institutional (P &I) zoning districts and
approve a cond.tional use permit for a public park use. On September 9, 2014, the Planning
Commission adopted Resolution No. 4266, recommending thW the Tustin City Council approve
Zone Ch�.nge 2014 -002 and Conditional Use Permit 2014 -17. (Applicant: Successor Agency to
the Tustin Commun -ty Redevelopment Agency)
RECOMMENDATION:
That the City Council:
1) Introduce and have first reading of Ordinance No. 1445, approving Zone Change (Z C)
2014 -002, rezoning the property located at 450 El Camino Real from Central
Commercial (C2) Zoning District to Publ,c & Institutional (P &I) Zoning District and set a
second reading at the next City Councl meeting; and,
2) Adopt Resolution No. 14 -63 approving Conditions. I Use Permit (CUP) 2014 -17 to allow a
public perk use at the property located at 460 El Camino Real.
FISCAL IMPACT:
The ZC 2014 -002 and CUP 2014 -17 project is City - initiated. There is no direct fiscal impact to the
General Fund.
CORRELATION TO THE STRATEGIC PLAN:
The proposed project furthers the City's Strategic Plan in that it provides an opportunity to
expand recreational activities (Coal A, Strategy 46).
City Council Report
October 7, 2014
ZC 2014 -002 & CUP 2014 -17
Page 2
APPROVAL AUTHORITY:
Tustin City Code (TCC) Section 9295 authorizes the City Council to adopt the proposed zone
change following a public hearing and a recommendation from the Planning Commission.
TCC 9245b requires approval of a CUP for public parks, playgrounds and recrea.ion 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 has
made a recommendation regarding CUP 2014 -17 to the City Counal.
BACKGROUND AND DISCUSSION:
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 (CI), Cultural Resources (CR) and Combining Parking (P) overlay
zoning districts. The General Plan Land Use designation is Old Town Commercial, which allows for
public and institutional facilities such as publ c 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.
City Council Report
October 7, 2014
ZC 2014 -002 & CUP 2014 -17
Page 3
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 photos in Figure 2 show the different aspects of the subject property.
Figures 2 — Site Photos
Proposal
The Successor Agency is requesting to re -one the subject property from the current C2 Zon-ng
District to P &I District and establish a CUP for a public park, so as to be consistent with the exist ng
use of the property (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.
City Council Report
October 7, ` ?014
�'C ?014 -0021 & CUP 2014 -17
Page 4
ANALYSIS:
Zone Change
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 C °; however the existing surrounding
uses are a mix of retail, office and residential uses. The C2 zone does not list public park uses as a
permitted or condlionally permitted use. The proposed zone change and associated condiJonal
use permit would create zoning consistency and compliance for the existing park use.
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 and 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 =n Old Town.
City Council Report
October 7, 2014
7C 2014 -002 & CUP 2014 -17
Page 5
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. 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
tha, 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 discrimina-ory zoning of a
smell 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 chE.nge would serve a public benefit by providing the community with
public open space, enhance public amenities in Old Town and improve livability within the
immedia,e area. The P &i zoning and park land use is complementary to the surrounding zones
and uses and is not contrary to orderly &- velopment 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
publictinstitutional 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 support:� the General Plan Land Use Element Goals and
Policies.
Conditional Use Permit
TCC Sections 90, 45b9 and 9291 specify tha, public parks are conditionally permitted in P &I zon;ng
distnctr� 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 has made
a recommends ion to the City Council regarding the CUP.
The subject CUP would bring the existng 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 a. the park include sitting, strolling and walking a
dog. 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
Actvites 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.
City Council Report
Oc'ober 7, 2014
ZC 2014 -002 & CUP 2014 -17
Page 6
Cultural Resources Overlay Distr►cr
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 heat ige.
2. Encourage public knowledge, understanding G nd appreciation of the City's past.
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
tha. 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.
PUBLIC INPUT:
Prior to the September 9, 2014, Planning Commission meeting, staff received two (2) telephone
inquiries from adjacent residential uses expressing concerns regarding the project. Concerns
expressed included: possibility of expanded use of the park, additional or new development � a,
the park and changing the park to non -park use.
PLANNING COMMISSION ACTION:
Fallowing the public hearing on September 9, 2014, the Planning Commission considered the
project and adopted Resolution No. 4265, recommending that the City Council approve the
proposed project (Attachment D).
FINDINGS:
In determining whether to approve the proposed project, the City Council 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 approve this reques-L may be supported by the following
findings:
1) That the proposed zone change is consistent wth 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 €: ppropria' a under the General Plan Old Town
Commercial Land Use Element designation in that the public park serves as a
City Council Repart
a tober 7, 2014
t.0 2014 -002 & CUP 2014 -17
Page 7
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 adequa.e in size and
location to be usable for active or passive recreat on as well as for visual rel;ef.
c. Goal 10: Improve and strengthen the Tustin Old Town/Fir& 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
C� 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 tha, is typical
of P &I --ones with public parks where it is surrounded by other zoning designs -tions
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 ;mpact3 to the area since the property is already a respite park and no new
mod fications 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.
City Council Report
Oc-ober 7, 2014
L_C 2014 -002 & CUP 2014 -17
Page 8
10I07'rel IL1F -9 1•7 ► A
The proposed ZC 2014 -002 and CUP 2014 -17 would create zoning compliance with the existing
public park use, which would provide and help maintain the open space benefit to the
community. The proposed rezone to the P &I Zoning District is not considered spot zoning
because it provides a public benefit and is in line with adopted land use and planning principles.
Accordingly, staff recommends that the City Council approve ZC 2014 -002 and CUP 2014 -17.
Edmelynn . Hutter
Senior Planner
Attachments:
A. Location Map
B. Land Use Fact Sheet
Elizabeth A. Sinsack
Director of Community Development
C. Submitted Plans
D. Planning Commiss on Minutes of September 9, 2014, and Resolution No. 4265
E. Draft Ordinance No. 1448
F. City Council Resolution No. 14 -63
ATTACHMENT A
LOCATION MAP
LOCATION MAP
ZC 2014 -002 & CUP 2014 -17
450 EL CAMINO REAL
ATTACHMENT B
LAND USE FACT SHEET
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S)::!C 2014 -002 & CUP 0014 17
2. LOCATION: 450 El Camino Real
3. LOT: 1 BLOCK: 17 TRACT: 793 4. APN(S): 401.62'1 -10
5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: NIA
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 Overlav (CR). Parkina Overlav (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
Use: Vacant / Respite Park
Zoning: Central Commercial, Cultural
Resources Overlay, Parking Overlay
General Plan: Old Town Commercial
DEVELOPMENT FACTS:
10. LOT AREA: 7.405 S.F. or 0.17 ACRES
PROPOSED
No Change
Public & Institutional. Cultural
Resources Overlay. Parkina Overlav
No Change
11.
BUILDING LOT COVE RAGE:
100% MAX. PERMITTED
As approy, d PROPOSED
12.
SITE LANDSCAPING:
N/A REQUIRED
As approved PROPOSED
13.
OPEN SPACE:
NIA REQUIRED
As approved PROPOSED
14.
PARKING:
1 sp : 250 S.F. REQUIRED
As approved PROPOSE D
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 NIA
18.
OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY
ZONES, EASEMENTS, ETC.)
NIA
Forms: LandUseApplicationFactSheet
ATTACHMENT C
SUBMITTED PLANS
450 El Camino Real
450 El Camino Real
Proposed Zone Change
ATTACHMENT D
PLANNING COMMISSION MINUTES OF SEPT. 9, 2014
PLANNING COMMISSION RESOLUTION NO. 4265
C
C
7,00 p.m.
Given
None.
Approved.
Motion:
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
SEPTEMBER 9, 2014
CALL TO ORDER
INVOCATION /PLEDGE OF ALLEGIANCE: Commissioner Altowaiji
ROLL CALL:
Present: Chairperson Thompson
Chairperson Pro Tern Lumbard
Commissioners Altowaiji, Kozak, Smith
PUBLIC CONCERNS:
CONSENT CALENDAR:
1. APPROVAL OF MINUTES
COMMISSION MEETING.
RECOMMENDATION:
-- AUGUST 26, 2014, PLANNING
That the Planning Commission approve the minutes of the August 26,
2014 meeting as provided.
It was moved by Kozak, seconded by Altowaiji, to approve the August 26,
2014 Minutes. Motion carried M.
PUBLIC HEARING:
Adopted Reso. 2. DEVELOPMENT AGREEMENT (DA) 2014 -001 (FIFTH
No. 4266, as AMENDMENT TO EAST TUSTIN DEVELOPMENT AGREEMENT)
amended.
Development Agreement (DA) 2014 -001, an amendment to the
East Tustin Development Agreement (ETDA) to allow the
conversion of up to 23,445 square feet of the former Edwards
Theater located at 2982 -3030 El Camino Real to a C ty of Tustin
Community Center and to allow the transfer of development rights
of the theater space to other potential development sites within the
Tustin Market Place commercial center.
APPLICANT: Peter K. Pirzadeh, P.E.
Pirzadeh & Associates, Inc.
30 Executive Park, Suite 270
Irvine, CA 92614
City of Tustin
300 Centennial Way
Tustin, CA 92780
Minutes — Planning Commission — September 9, 2014 — Page 1 of 8
PROPERTY
OWNER: The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
LOCATION: 2982 -3030 El Camino Real
ENVIRONMENTAL:
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, proposed DA 2014-
001 would allow for the continuation of an assembly use
(community facilities within a former theater) and allow
development rights to be transferred to other potential in -fill
development project sites which would be subject to separate
CEQA review. The DA has no possibility for causing a significant
effect on the environment; therefore, the project is not subject to
CEQA.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4266,
recommending that the City Council approve DA 2014 -001, the
Fifth Amendment to the ETDA to allow the conversion of up to
23,445 square feet of the former Edwards Theater located at 2982-
3030 El Camino Real to a City of Tustin Community Center and to
allow the transfer of development rights of the theater space to
other potential development sites within the Tustin Market Place
commercial center.
Reekstin Presentation given.
Smith Smith questioned the issue related to the deletion of Section 3 3 from the
DA and wanted confirmation that the City Attorney's perspective on leaving
Section 3.3 in the DA would not compromise the City's position in any way.
Bobak Bobak's response to Smith's questions, generally included: The Irvine
Company's definition is designed to make sure the waiver of the rights is
specifically limited to what is in the DA, which is in Section 3.2; the City
Attorney's Office did not see a need for that section but having it in the DA
does not preclude a recommendation of approval; and Bobak's concern is
having two (2) sections referring to the waiver limitation of the restrictive
covenants; and that there may be some possibility in the future for conflict
on what each provision meant; therefore suggested Section 3.3 be deleted
but The Irvine Company (TIC) wanted extra protection they thought
Section 3.3 gave them.
Altowaiji Altowaiji asked if the other two (2) commercial centers at the Market Place
were owned by TIC. He questioned Section 2.1 of the DA — "Computation
Minutes — Planning Commission — September 9, 2014 — Page 2 of 8
of Maximum Floor Area — Further Development" where it states "No further
EIR, traffic study or similar reports or studies shall be required....."
Reekstin In response to Altowaiji's question, Reekstin stated that TIC does not own
the other two (2) commercial centers.
Thompson Thompson's questions /concerns generally included: He asked Staff to
explain the "notification process "; he requested affirmation that the
Commission's action had to do with what was being presented, "rezoning ",
not looking at what was done in the past; he also asked about the 23,000
plus square foot and the past approvals - would a conditional use permit
(CUP) be necessary and an explanation of the process,, future approval on
the parking; the intent of the development; and parking.
Binsack Binsack's response to Thompson's questions / concems generally included:
She referred to Exhibit A of the DA, which identified a 300' radius for public
hearing notification from the property line (i.e. the building footprint is the
property line); clarified to the Commission the entitlement is not a rezone,
but a development agreement and that the Commission would be
recommending an ordinance approval to the City Council; the occupancy
is not changing, most significant would be the transfer of development
rights; depending on the future project and what the request is, will
determine if a CUP, design review, or variance would be needed; Binsack
gave an example that TIC might not be able to develop all 26,000 square
feet in one (1) quadrant of the center, which may not necessarily have the
adequate parking to support the use and/or they might have an impact on
an intersection; and, more than likely the 26,000 square feet would need to
be dispersed throughout the center.
Bobak Bobak's response to the Commission's questions /concerns generally
included: The discussion with City Staff and TIC - a list or an identification
of where they anticipated developing the additional 23,000 square feet,
which TIC could not provide, and is why a process of future approvals was
included in the DA; reserving the City's right to review City approvals
pursuant to whatever the development standards are in place, including
the power of authority to deny the project if there was an adverse effect to
parking or traffic impacts to offset the development plans; the City can
allow the initial review to assess traffic impacts, per CEQA, and if it
showed there was a need for an EIR and TIC decided not to an
environmental analysis, the City could deny them; however, TIC is not
mandated to do an EIR; and the City anticipates development will be
covered under the East Tustin Specific Plan.
Lumbard Lumbard wanted to clarify to the Commission that the DA is an
amendment to the East Tustin Development Agreement and asked Staff
and legal counsel if the DA contained "report requirements" and if
additional reports are required.
Bobak In response to Lumbard's question Bobak stated additional reports are
required only for the additional square footage.
Minutes -- Planning Commission — September 9, 2014 — Page 3 of 8
7:28 p.m. Public Hearing opened.
Pirzadeh Peter K. Pirzadeh, representing The Irvine Company, spoke in favor of the
project. He commended Staff for their hard work on the project ( "joint effort
between the City and TIC "). His response to Commission's
questions /concerns generally included: Background information on the
closure of the former theater and the proposed plans of the community
center; CEQA analysis - Mr. Pirzadeh stated all required mitigation
measures under the DA were put into place; parking would not be
impacted since the use of the center would be during non -peak hours;
currently no issue with parking at the Market Place; the use of square
footage would be spread throughout the community center; the
architectural review is important to TIC and the integrity of the
neighborhood would be in line with the architecture; and additional square
footage would bring more revenue, more shoppers, and would be an asset
to the City of Tustin.
Altowaiji Altowaiji was concerned with the restriction on the hours of operation and
asked if an analysis was done. He asked if a statement should be added
to the DA, "except for special events approved by the City ".
Pirzadeh Mr. Pirzadeh's response to Altowaijl's concern generally included: In
keeping with the impact analysis of the Specific Plan, EIR and outside
mitigations would remain in place; the restriction does not prevent staff
from allowing special use /event permit; and protection of keeping the
potential impacts outside the peak hours would keep the DA and integrity
of the analysis and mitigation measures.
Binsack Binsack clarified to the Commission that the City's desire is to have
ongoing programming for these faalities as we do for other facilities
throughout Tustin (i.e. Columbus Tustin Gymnasium, Senior Center, etc.).
There would not be programming for this facility during the peak hours
unless it was a special event. An environmental analysis was not
conducted; therefore, revising the DA could be problematic.
7:42 p.m. Public Hearing closed.
Lumbard Lumbard reminded the Commission that the City was recommending the
Commission approve the item based on the current contract and legal
counsel's advice.
Thompson Thompson referred the Commission to Resolution No. 4266, Page 2, Item
E with regards to hours of operation in order to not cause traffic and
parking impacts which reinforces why, in the future, an EIR is not needed.
In response to Commissioner Altowaiji's comments and desire to modify
Section 2.1, Chair Thompson noted his hesitation about making changes
to the wording or intent in Section 2.1.
Kozak Kozak had concerns with Section 2.1 and suggested removing "no" and
replacing with "may" to then read "may be required ".
Minutes -- Plann -ng Commission — September 9, 2014 — Page 4 of 8
C
Altowaiji Altowaiji requested the Public Hearing be re- opened in order to ask Mr.
Pirzadeh further questions regarding Section 2.1.
7:47 p.m. Public Hearing re- opened,
Pirzadeh Mr. Pirzadeh stated that TIC would not accept changes be made to the
DA. TIC is not in a position to renegotiate or modify the DA.
7:49 p.m. Public Hearing closed.
Kozak Kozak requested further comment from Staff and/or legal counsel
reassuring there would be, if necessary, adequate environmental review
for the expansion.
Bobak Bobak stated the DA does not put the C ty in a position to be forced to
approve a project that the City believes has unmitigated environmental
impacts.
Binsack Binsack reiterated to the Commission the length of time spent with Staff
and Mr. Pirzadeh regarding Section 2.1. Nothing would preclude the City
from requiring an environmental analysis. Her response to the
Commission's concerns generally included what was previously discussed
by the Commission and Staff. Both the City and TIC have equal
protections.
Bobak Bobak requested a sentence be added to Resolution No. 4266 that the
purpose of the hours of operation restriction is to minimize potential
impacts on parking and circulation within the Market Place.
Motion: It was moved by Smith, seconded by Kozak, to adopt Resolution No. 4266,
as amended. Motion carried 5 -0.
3. 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
The Successor Agency is requesting to rezone the subject property
from the current C2 Zoning District to P &I District and establish a
Conditional Use Permit (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.
Minutes — Planning Commission — September 9, 2014 -- Page 5 of 8
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
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.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4265,
recommending that the City Council approve Zone Change (Z'C)
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 approve CUP 2014 -17 for a public
park.
Thompson Thompson recused himself since he owns property in close p ~oximity of
this location.
Huffer Presentation given.
Smith Smith asked Staff to clarify that the residential single-family units near the
park are C2 property zoning and asked if the residents were interested with
the potential uses of the park. He also asked if the action taken would not
restrict future use of the park.
Huffer Hutter stated the residents near the park were interested. Any new changes
or additional expanded uses would have to go through additional City
approval (i.e. possible modified CUP).
Lumbard Lumbard clarified to the Commission that the park would be restricted and
must be a park unless zoning is changed.
8:05 p.m. Public Hearing opened.
Jerry Craig, Economic Development & Housing Manager, expressed a
desire of seeing the respite park be zoned accordingly and also asked the
Commission for support.
Minutes -- Planning Commission -- September 9, 2014 — Page 6 of 8
8:06 p.m. Public Hearing closed.
Kozak Kozak stated the origin of this project was due to the dissolution of the
Redevelopment Agency and it is consistent with ownership zone change and
CUP would achieve zoning and consistency. He also added that it would be
good measure for transparency.
Altowaiji Altowaiji asked if the City had a zone for parks only; questioned why a CUP
is necessary; and, questioned why they cannot be zoned °parks° like other
communities zone them.
Binsack Binsack's response to Altowaiji's questions generally included: The most
typical zone for parks in the City of Tustin is the P &I zone; the developments
in parks vary from park to park and it provides public notification: and in the
future, it the Commission requested to not allow for public notification, the
City could remove CUPs in the parks; however, this would be a policy
decision.
Smith Smith stated the City anticipated potential residential uses around Old Town
area, and having park space is important. He had favorable comments for
Staff and the project.
Lumbard Lumbard had concerns with additional use space on what the Commission
would be considering, and wanted to clarify that the recommendation
presented is only rezoning, not to approve a change to what is existing. He
also had favorable comments for Staff and the project.
Hutter Hutter's response to Lumbard's concern was that there would be no physical
change or improvements to the project.
Motion: Item was moved by Smith, seconded by Altowaiii. Motion carried 4-0 -1.
Thompson abstained.
None. REGULAR BUSINESS
None. STAFF CONCERNS
COMMISSION CONCERNS:
Smith No concerns. Smith attended the League of Cities Annual Conference in
Los Angeles.
Lumbard Lumbard informed the Commission Caterina Lunardi's passing, (founder of
Caterina's Club charity) mother of Bruno Serato, chef and owner of the
Anaheim White House.
Kozak Kozak attended the Grand Opening of the Pepper Tree Park Bocci Ball and
mentioned the 9111 remembrance.
Altowaiji No comments.
Minutes -- Planning Commis�lon -- Septembe-r 9, 2014 — Page 7 of 8
Thompson Thompson also mentioned the 9111 Patriots Day remembrance. He asked
for everyone to drive safely with school being back in session. Thompson
stated Sam Couch III (VP of Entitlements in M.V.) passed away.
8:17 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, September 23, 2014, at 7:00 p.m. In the City Council Chamber
at 300 Centennial Way.
Closed the meeting in honor of the passing of Caterina Lunardi and
Sam Couch Ill.
ELIZABETH A. BINSACK
Planning Commission Secretary
C
C
Minutes — Planning Commission — September 9, 2014 — Page 8 of 8
RESOLUTION NO. 4265
A RESOLUT ON 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 PE RMIT 2014 -17 FOR A PUBLIC PARK USE FOR A
PROPERTY LOCATED AT 450 EL CAMINO REAL.
The Plann'ng Comm ssion does hereby re.soly, as follows:
The Plann ng Commission finds and determines as follows:
A. That a prop.xr appl,ca * °.on for Zone Change (ZC) 2014 -002 and Condii!.ional
Use Permit ( -:UP) 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 ".as existed since 2007.
3. The public park use provides a benefit to the community and .t s in the
interest of the community that the park use be maintained.
4. The property was prev ous owned by the Tustin Community
Redevelopment Ag.-. ncy 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 z ne change is consistent with the General Plan in that the
Old Town Comm rc al General Plan Land Use Designation includes
publictinstitutional fac litres as an acceptable use_ The public park use is
appropriate under the General Plan Old Town Commercial Land Use Element
de; ignation in that the public park serves as a publicrinstitutional facility
benefiting the public at large. ZC 2014-002 implements the following goals
and policies of the General Plan Land Use E ement
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, increa,�e the amount and network of public
and private open space and recreational facilities which will be adequate
in size And location to be usab a for active or passive recreation as well as
for visual relief
3. Goal % Improve and strengthen the Tustin Old Town /F rst Street area
with a unique pedestrian environment and diverse mix of goods, services,
and uses.
D. That the proposed amendment to the zoning d strict is in the best intere -,- of
the public and ensures consistency between the General Plan, Zoning
Ordinance and the ex st ng use in that.
1. TFie proposed ZC to P &I District would be compatble with the ad, scent C^
Zoning D!stncts 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 sit cation th -A is typical of
P &I zones with public park -5 where it is surrounded by other zoning
designations and that the nature of P &I zones is to serve the - urrounding
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 he park is a pos t ve feature and amen ty :n the Old Town area in that
open space and public park areas in Old Town a o limited and the zone
change would expand open space and recreation opportunities in the
immediate area.
G. Thy t the park enhances the variety of uses and act vit:es n the Old Town
urban settng and provides more activity options for the Old Town resident,
and visitors.
H That the establi- hment, 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
work ng 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 compat;ble with other uses
in the adjacent commercial properties in that the park provides an area for
Re- - olution No. 4265
2'C 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
ti�- public park .s passive, small in natu -e and not anticipated to generate
add-tonal parking demand.
3. The public park use is authorized pursuant to Section 9245b9 of the
Tu -st-n C ty 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 Qualty 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 ex sting u 3e. The proposed protect has no possibility `o
sign (cant effect on the environment therefore. the protect .. not subject to
CEQA
The Planning Commis: ion hereby recommends that the City Council adopt
Ordinance No. 1448 (ZC 2014 -002) and approve CUP 201= -17, amendin.. the
zoning designations f-om Central Commercial (C2) to Public and In- A,tutonal (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 8 attached
hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 91h day of September, 2014.
ELIZABETH A. BINSACK
Planning Commission Secretary
Austin umbard
Chair Pro Tern
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 Commi�;�ion
Secre ary of the City of Tustin, California; that Resolution No. 4265 was duly pa ,,,ed and
,ldopted 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:
� �- . t -, �,'- �
ELIZABETH A. BINSACK
Planning Commission Secretary
Altowaiji, Kozak, Lu.-bard, :m *_h (4)
Thompson ; )
C
L
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 ordapn 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 4501.1 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:
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
Cixy 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.
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 Districk 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 impact3 to the area since the property
is already a respite park and no new modificafons 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 ope-i space and recreation opportun *ties 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
E nv ronmental Quality Act (CEQA) Section 16061(b)(3) in that CEQA
applies only to project, 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 Zon -ng 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 CE QA.
SE CTION 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 alached 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, clau,-e, 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.
LLWYN A. MUkRAY
Mayor
ATTEST.
Jr_FFRt.Y C PARKt,R
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
comp) ed 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 'n accordance with CUP 2014 -17 or is found to be a
nuisance or negative impacts are affecting the surrounding uses, the
Commun -ty Development Director would hive the authority to Impose
additional conditions to elimi -iate 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 ac+ivities shall comply w-th the City's Noise Ordinance.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODES
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
* ** EXCEPTION
ATTACHMENT E
DRAFT ORDINANCE NO. 1448
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 toning
designation 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 polices 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 adequwe
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.
Ordinance No. 1448
Page 2
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 &1 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 situa.ion 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 modif cations r re
proposed.
G. That the park is a positive fea►ure and amenity in the Old Town area in
that open space and public park areas in Old Town are limited and the
gone change would expand open space and recreaJon opportunities in
the immediate area.
H. That the park enhances the variety of uses and activit es 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.
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_LWYN A. MURRAY
Mayor
ATTEST-
JEFFREY C. PARKER
City Clerk
Ordinance No. 1448
Page 4
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF TUSTIN }
CERTIFICATION FOR ORDINANCE NO. 1448
JEFFRY 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:
JEFFRY C. PARKER
City Clerk
Published:
Ordinance No. 1448
Page 5
EXHIBIT 1
ORDINANCE NO. 1448
Proposed Zone Change 2014 -002
Existing
Proposed
ATTACHMENT F
CITY COUNCIL RESOLUTION NO. 14-63
RESOLUTION NO. 14-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING CONDITIONAL USE: PERMIT 2014 -17
FOR A PUBLIC PARK USE FOR A PROPERTY LOCATED AT
450 EL CAMINO REAL.
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That a proper application for Conditional Use PerMLt (CUP) 2014 -17 was
filed by the Successor Agency to the Tustin Community Redevelopment
Agency, requesting approval 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 previously owned by the Tust'n Community
Redevelopment Agency and now owned by the Successor Agency to
the Tustin Community Redevelopment Agency.
5. A gone change and CUP would make the zoning consistent with the
existing use and provide assurance that the park use will be
maintained.
B. That the applicant has requested approval of CUP 2014 -17 in conjunction
With, and contingent to, approval of the application for Zone Change (ZC)
2014 -002.
C. That a public hearing was duly called, noticed and held on said application
on September 9, 2014, by the Planning Commission. Following the public
hearng, the Planning Commission adopted Resolution No. 4265
recommending that the City Council approve ZC 2014 -002 and CUP 2014-
17.
D. That a public hearing was duly called, noticed and held for Ordinance No.
1448 (ZC 2014 -002) on October 7, 2014, by the City Council. At the public
hearing, the City Council held the first reading of Ordinance No. 1448 and
scheduled the second reading for the next City Council meeting.
Resolution No. 14 -63
Page 2
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 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.
G. That the establishment, maint.- nance, and operation of the proposed public
park use will not, under the crcumstances 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 Pmprovements in the neighborhood of the subject property, or to the
general welfare of the City of Tustin in that:
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.
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 Zone Change 2014 -002 and
Conditional Use Permit 2014 -17.
H. That this project has been determined to be exempted pursuant to
California Environmental Quality Act (CF-QA) 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 CI-QA.
The City Council hereby approves CUP 2014 -17 to establish a conditional use
permit for a public park use subject to conditions contained in Exhibit A attached
hereto.
Resolution No. 14 -63
Page 3
PASSE=D AND ADOPTED by the City Council of the City of Tustn at a regular meeting
on the 7th day of October, 2014.
LLWYN A. MURRAY
MAYOR
ATTEST:
JEFFREY C. PARKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Jeffrey C. Parker, 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. 14-63 was duly
passed and adopted at a regular meetng of the Tustin City Council, held on the 7th day of
October, 2014, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
CITY CLERK
EXHIBIT A
RESOLUTION NO. 14-63
CONDITIONAL USE PERMIT 2014 -17
CONDITIONS OF APPROVAL
GENERAL
*** 1.1 Approval of Conditional Use Permit (CUP) 2014 -17 is contingent upon City
Council adoption of Ordinance No. 1448 relating to Zone Change 2014-
002.
(1) 1.2 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 n accordance with this Exhibit.
(1) 1.3 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) 1.4 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 nu lance 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
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE /S
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PCICC POLICY
*** EXCEPTION