The URL can be used to link to this page

Home My WebLink About08 ORDINANCE NO. 1257 02-03-03AGENDA REPORT NO. 8 02-03-03 MEETING DATE: FEBRUARY 3, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1257- APPROVING ZONE CHANGE 02-006 ADDING SECTION 9246 TO THE TUSTIN CITY CODE AND AMENDING THE TUSTIN ZONING MAP SUMMARY: Zone Change 02-006 is a proposal to add Section 9246 to the Tustin City Code establishing the MCAS Tustin Specific Plan District (SP-1 Specific Plan) zoning regulations and amending the Tustin Zoning Map from Public and Institutional (P&I) to MCAS Tustin Specific Plan District (SP-1 Specific Plan). RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1257 (roll call vote): BACKGROUND: On January 21, 2003, the City Council had first reading by title only and introduction of the following Ordinance No. 1257: ORDINANCE NO. 1257 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 02-006, AN AMENDMENT TO THE TUSTIN ZONING MAP TO RECLASSIFY CERTAIN PROPERTIES FROM THEIR EXISTING PUBLIC AND INSTITUTIONAL (P&I) DISTRICT ZONING DESIGNATION TO MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) IN ORDER TO ESTABLISH CONSISTENCY WITH GENERAL PLAN AMENDMENT 00-001, AND THE ADDITION OF SECTION 9246 TO THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF THE MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) ZONING REGULATIONS Pamela Stoker City Clerk S:Staff Reports. Ordinance No. 1257 ORDINANCE NO. 1257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 02-006, AN AMENDMENT TO THE TUSTIN ZONING MAP TO RECLASSIFY CERTAIN PROPERTIES FROM THEIR EXISTING PUBLIC AND INSTITUTIONAL (P&I) DISTRICT ZONING DESIGNATION TO MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) IN ORDER TO ESTABLISH CONSISTENCY WITH GENERAL PLAN AMENDMENT 00-001, AND THE ADDITION OF SECTION 9246 TO THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF THE MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) ZONING REGULATIONS. The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council of the City of Tustin finds and determines as follows; Ao The former Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of recommendations by the Federal Base Closure and Realignment Commission. B, The City of Tustin approved a Reuse Plan in October 1996, that was subsequently amended by an Errata in September 1998, and which provides for future land uses at the former MCAS Tustin and an approximate 4.1-acre immediately adjacent parcel currently owned by The Irvine Company. C, On January 16, 2001, the Tustin City Council adopted Resolution 00-90 that certified the Joint Final EIS/EIR for the Disposal and Reuse of MCAS Tustin, and adopted Resolution 00-91 that adopted General Plan Amendment 00-001 establishing a MCAS Tustin Specific Plan general plan land use designation for the Tustin portion of the former MCAS Tustin and adjacent 4.1-acre property in anticipation that Specific Plan zoning regulations would be adopted for the site. D, The Tustin Zoning Map currently identifies the zoning for the Tustin portion of the former MCAS Tustin and adjacent 4.1-acre property as Public and Institutional (P&I). Adoption of a zoning designation Ordinance No. 1257 Page 2 Eo Fo Go Ho Jo Ko L. consistent with the approved Reuse Plan and General Plan Amendment 00-001 is now required. The City of Tustin has prepared the MCAS Tustin Specific Plan and proposed Zoning Map change to ensure the orderly development and improvement of the former MCAS Tustin and immediately adjacent private property consistent with the general plan objectives, policies, programs for development of the former MCAS Tustin and an approximate 4.1-acre adjacent parcel currently owned by The Irvine Company. The Tustin City Code does not currently include provisions establishing the MCAS Tustin Specific Plan zoning regulations and requirements and therefore must be amended to provide sufficient and clear guidance regarding development consistent with the MCAS Tustin Specific Plan designation within the Tustin General Plan. Section 65850 of the Government Code allows the City to adopt ordinances that regulate the use of buildings, structures, and land; the intensity of land use; and off-street parking and loading. This Code Amendment is necessary to protect the health, welfare, safety, morals, comfort or general welfare of the citizens of Tustin and the community vision for the City by providing permanent regulations for the former MCAS Tustin site. The Planning Commission, at a public hearing that was duly noticed, called, and held on Zone Change 02-006 on October 28, 2002, approved Resolution No. 3848 recommending that the City Council adopt Zone Change 02-006. A public hearing was duly called, noticed, and agendized for consideration of Zone Change 02-006 by the Tustin City Council on December 2, 2002, but the matter was continued until January 21, 2003. On January 21, 2003, a public hearing was held on Zone Change 02-006 by the Tustin City Council. Proposed Zone Change 02-006 which includes a Zoning Map Amendment and Amendment to the Tustin City Code was evaluated in the Program EIS/EIR for MCAS Tustin. No additional environmental analysis or action is required prior to City action on the proposed project. Ordinance No. 1257 Page 3 Section 2. The City Council hereby approves Zone Change 02-006 which approves the following specific actions: . Amend the Tustin zoning map to reclassify the Tustin portion of the former MCAS Tustin and an adjacent 4.1-acre parcel currently owned by The Irvine Company from Public and Institutional to MCAS Tustin Specific Plan District (SP-1 Specific Plan) as shown on Exhibit A attached hereto and incorporated herein by reference. . Amend Article 9 of the Tustin City Code to add Section 9246 to the Tustin Municipal Code to read as follows: 9246 MCAS Tustin Specific Plan District (SP-1 Specific Plan) a. Purpose The purpose of the MCAS Tustin Specific Plan District (SP-1 Specific Plan) is to establish zoning regulations to guide the orderly development and improvement in accordance with the MCAS Tustin Specific Plan for that portion of the city which is designated as MCAS Tustin Specific Plan on the official zoning map of the city. The preparation and adoption of a specific plan is authorized by Chapter 3, Article 8 of the State of California Planning and Zoning Law (Government Code Sections 65450 et. seq.). The MCAS Tustin Specific Plan replaces the usual development standards otherwise applicable to most property within the City of Tustin. b. Adoption of MCAS Tustin Specific Plan. There is adopted the MCAS Tustin Specific Plan, the text of which is set forth in the document entitled "MCAS Tustin Specific Plan" attached to this ordinance as Exhibit B, as corrected by changes identified as "MCAS Tustin Specific Plan Corrections" and provided as Exhibit C, which are attached hereto and incorporated herein by reference as if fully set forth herein. c. Applicability The SP-1 Specific Plan District is established by this chapter. The provisions of this section shall apply to all property shown on the official zoning map within the SP-1 Specific Plan District. The regulations set forth in the MCAS Tustin Specific Plan shall apply to the SP-1 Specific Plan District only in so far as they are not inconsistent with the Tustin General Plan. Ordinance No. 1257 Page 4 d. Permitted Uses and Development Standards All property within the SP-1 District shall be developed and maintained in accordance with all policies, requirements, regulations and provisions set forth the in the MCAS Tustin Specific Plan. e. Zoning Adoption or Change The SP-1 District zoning shall be adopted or changed by the same procedure prescribed within the Tustin City Code for zoning district amendments and consistent with State of California Planning and Zoning Law. An amendment to the MCAS Tustin Specific Plan may be processed as described within Section 4.2.7 of the MCAS Tustin Specific Plan. Amendments to the MCAS Tustin Specific Plan may be adopted by ordinance and may be amended as often as deemed necessary by the Tustin City Council. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3rd day of February, 2003. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk Ordinance No. 1257 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1257 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1257 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 21st day of January, 2003 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 3rd day of February, 2003 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Mcas~mcasreuseplan\ordinance 1257-2.doc