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Home My WebLink About15 SECOND READING AND ADOPTION OF ORDINANCE NO. 1460 US�Y 0� Agenda Item 15 AGENDA REPORT Reviewed: City Manager USI% Finance Director N/A MEETING DATE: NOVEMBER 3, 2015 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ERICA N. RABE, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1460 SUMMARY: Ordinance No. 1460 amends the MCAS Tustin Specific Plan to allow acute care/rehabilitation and skill nursing uses as conditionally permitted within Planning Area 7 and increase the allowable building height to fifty-five (55) feet for medical centers and sixty (60) feet for acute care/rehabilitation facilities. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1460 (roll call vote). BACKGROUND: On October 20, 2015, the City Council had first reading by title only of the following Ordinance: ORDINANCE NO. 1460 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2015-02, AMENDING SECTION 3.4.4 (PLANNING AREA 7) OF THE MARINE CORPS AIR STATION (MCAS) TUSTIN SPECIFIC PLAN DISTRICT REGULATIONS BY ADDING USES SUCH AS ACUTE CARE/REHABILITATION USES AND SKILLED NURSING USES AS CONDITIONALLY PERMITTED USES WITHIN PLANNING AREA 7 OF THE MCAS TUSTIN SPECIFIC PLAN AND INCREASING THE MAXIMUM ALLOWED BUILDING HEIGHT FOR MEDICAL CENTERS AND ACUTE CARE/REHABILTATION AND SKILLED NUSRING FACILITIES. ORDINANCE NO. 1460 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2015-02, AMENDING SECTION 3.4.4 (PLANNING AREA 7) OF THE MARINE CORPS AIR STATION (MCAS) TUSTIN SPECIFIC PLAN DISTRICT REGULATIONS BY ADDING USES SUCH AS ACUTE CARE/ REHABILITATION USES AND SKILLED NURSING USES AS CONDITIONALLY PERMITTED USES WITHIN PLANNING AREA 7 OF THE MCAS TUSTIN SPECIFIC PLAN AND INCREASING THE MAXIMUM ALLOWED BUILDING HEIGHT FOR MEDICAL CENTERS AND ACUTE CARE/REHABILTATION AND SKILLED NUSRING • FACILITIES. 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 proper application has been submitted for a text amendment to the MCAS Tustin Specific Plan. The proposed amendment will not substantially alter the current adopted MCAS Tustin Specific Plan, but will amend Section 3.4.4 (Planning Area 7) of the Marine Corps Air Station (MCAS) Tustin Specific Plan district regulations by adding uses such as acute care/rehabilitation uses and skilled nursing uses as conditionally permitted uses and increase building height limits to fifty- five (55) feet for medical centers and sixty (60) feet for acute care/rehabilitation facilities within Planning Area 7 of the MCAS Tustin Specific'Plan. Planning Area 7 is located between Edinger Avenue and Valencia Avenue and between Tustin Ranch Road and Kensington Park Drive. B. That the MCAS Tustin Specific Plan does not list acute care/rehabilitation and skilled nursing uses as permitted or conditionally permitted uses. C. That the proposed acute care/rehabilitation and skilled nursing uses are specialized medical services for patients needing regular monitoring and rehabilitation therapy. Patients managing and/or recovering from conditions such as, but not limited to, surgery, stroke, neurological disorders, and joint replacement may require the type of acute care services. D. That the proposed development consists of a Medical Center building that is fifty-four (54) feet in height and an acute care/rehabilitation and skilled nursing facility that is sixty (60) feet in height and the MCAS Tustin Specific Plan limits building height to a maximum of forty-five (45) feet. Ordinance No. 1460 SPA 2015-02 (MCAS Tustin) Page 2 • E. That the increase in buildings' height is necessary to accommodate specialized ducting, mechanical equipment, air handling equipment and additional floor height to support the proposed medical uses. F. That MCAS Tustin Specific Plan Section 4.2.8 requires an amendment to the Specific Plan be initiated and processed in the same manner set forth in the Tustin City Code. Tustin City Code Section 9295 specifies any amendment to the Zoning may be initiated and adopted as other ordinances are amended or adopted. G. That the 'proposed Specific Plan Amendment will allow health and medical uses within Planning Area 7 of the MCAS Tustin Specific Plan to accommodate a proposed acute care/rehabilitation and skilled nursing facility in conjunction with a new medical plaza within a new commercial center also known as The Village at Tustin Legacy. H. That the proposed Specific Plan Amendment is consistent with the current overall development potential, intensity, and/or residential capacity allowed by the MCAS Tustin Specific Plan. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4285 recommending that the Tustin City Council approve SPA 2015-02 by adopting Ordinance No. 1460. J. That on September 15, 2015, a public hearing was duly noticed, called, and held before the City Council concerning SPA 2015-02 (Ordinance No. 1460) and the item was continued to the October 20, 2015, City Council meeting. K. That on January 16, 2001, the City of Tustin certified the program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR and, on May 13, 2013, the City Council adopted Resolution No. 13-32 approving a Second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addendums and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addendums and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. Ordinance No. 1460 SPA 2015-02 (MCAS Tustin) Page 3 L An environmental checklist was prepared for the proposed project that concluded no additional environmental impacts would occur from approval of the project (Resolution No. 15-57). The Environmental Analysis Checklist concludes that all of the proposed project's effects were previously examined in the FEIS/EIR, Addendums and Supplement, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. M. SPA 2015-02 is consistent with the Tustin General Plan. The Land Use Element includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area. 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Improve city-wide urban design. 4. Promote economic expansion and diversification. 5. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master-planned development. SECTION 2. The MCAS Tustin Specific Plan is hereby amended to read as provided in Exhibit A. 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. Ordinance No. 1460 SPA 2015-02 (MCAS Tustin) Page 4 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 3rd day of November, 2015. CHARLES E. PUCKETT, MAYOR ATTEST: ERICA N. RABE, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN CERTIFICATION FOR ORDINANCE NO. 1460 Erica N. Rabe, 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 five; that the above and foregoing Ordinance No. 1460 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 20th day of October, 2015, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 3`d day of November, 2015, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Erica N. Rabe, City Clerk Published: Exhibit A to Ordinance No. 1460 Specific Plan Amendment Text Chapter 3 • Land Use and Development/Reuse Regulations • Bulk recycling vending (in accordance with the Tustin C PLANNING City Code) 7 • Car wash C AREA • Coin-operated self-service laundromats C • Commercial recreation facilities C • Dry cleaners (storefront) P • Dry cleaners (plant on premises) C • Emergency care facility P • Health club P • Large collection recycling facility C • Locksmith P • Mortuaries C • Movie theaters C • On-site alcoholic beverage sales establishments including C bars, taverns, cocktail lounges(when not an integral part of a restaurant), in accordance with Section 3.14 • Print shop P • Restaurants, family, specialty, and fast-food without P drive-thru • Restaurants, with drive-thru C • Reverse vending recycling machines (in accordance with P the Tustin City Code) • Small animal hospitals or clinics C • Tailor shop P • Telephone answering service P • Travel agency P • Utility building/facility C 3. Offices: • General offices for: advertising agency. economic P consultant, insurance companies, escrow companies, interior decorator, real estate, public utilities, personnel agency. management consultant, collection agency • Professional offices for: architect, accountant, attorney, P chiropractor, contractor, dentist, doctor, engineer, optometrist, land planner,and other similar professions Health services: acute care/rehabilitation facility, skilled C nursing facility 4. Public/Institutional uses: ▪ Churches and other religious institutions C • Nursery school or child care center C • Other government/utility facility C ▪ School, private or public C City of Tustin MCAS Tustin Specific Plan/Reuse Plan Page 3-60 Chapter 3 • Land Use and Development/Reuse Regulations B. Accessory Uses and Structures PLANNING 7 Accessory uses and structures are permitted when customarily AREA associated with and subordinate to a permitted use on the same site. C. Unlisted Uses Those uses not specifically listed are subject to a determination by the Community Development director as either permitted, permitted subject to a conditional use permit or prohibited consistent with the purpose of the land designation of this planning area and the Specific Plan. Decisions of the Director are appealable to the Planning Commission. D. Prohibited Uses • Sexually oriented businesses E. Site Development Standards I. Minimum site size - 10,000 square feet. Minimum building footprint size shall be 10,000 square feet and 1,000 square feet for freestanding retail commercial. 2. Maximum building height - 45 feet a) Medical center(excluding medical office/retail) - 55 feet b) Acute care/rehabilitation, skilled nursing facility - 60 feet 3. Maximum floor area ratio - .35 FAR for retail commercial uses, .35 FAR for service commercial uses, .5 FAR for office uses, and .25 FAR for public institutional uses 4. Minimum building setbacks''[ a) Edinger Avenue - 20 feet b) Tustin Ranch Road - 30 feet c) North Loop Road - 25 feet d) West Connector- 20 feet e) Minimum distance between buildings - 10 feet 5. Landscape setbacks15 a) Edinger Avenue - 30 feet b) Tustin Ranch Road - 30 feet c) North Loop Road - 30 feet d) West Connector- 20 feet 14 Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk. and planting areas. Building setbacks are measured from future right-of-way. Non- conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of-way. Is Landscape setbacks are measured from the back of the curb and arc a combination of parkway. sidewalk. and planting areas, Non-conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of-way. MCAS Tustin Specific Plan/Reuse Plan City of Tustin Page 3-61