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Home My WebLink AboutPH 4 G.P. AMEND 89-02d 06-19-89PUBLIC HEAR}NG NO. 2 6-19-89 TO: FROM' SUBJECT: HONORABLE MAYOR AND HEMBER OF THE CITY COUNCIL COMMUN:ITY DEVELOPMENT DEPARTMENT GENERAL PLAN AMENDMENT 89-02(D): REVISIONS TO THE LAND USE ELEHENT RECOImENDATION It is recommended that the City Council approve General Plan Amendment 89-02(D) by adoption of Resolution No. 89-81. BACKGROUND On June 12, 1989, the Planning Commission held a public hearing for consideration of the revised Land Use Element. The Planning Commission adopted Resolution No. 2615 which recommends approval to the City Council of the amendments to the Land Use Element. Prior to formal adoption of any General Plan Amendment, the City COuncil must hold a public hearing. Notice was published in the Tustin News and posted for public review. An overview of the change~o the Land Use Element~ are outlined in the attached staff report, presented -to. the Planning Commission on June' 12, 1989. ANALYSIS California Planning, Zoning & Development law and recent court decisions require that a City's General Plan contain standards for population density and building intensity. The attached revisions to the Land Use Element and 'the staff repoPt outline the amendments made to comply with this State law. In order to evaluate the document and compare it with the current Land Use Element, the document contains the following symbols: . "< >" - carrots surround existing text to be deleted. 2. Underlined - text is new information and revisions prepared by staff as presented to the Planning Commission on June 12, 1989. City Councfl Report GPA 89-02(D) June 19, 1989 Page ~o Once the document has been approved, all symbols will be removed and a final document will be transmitted to the Planning Commission and the City Council. . . CO#CLUSXO# Staff has addressed the requirements of Calffornia Planning, Zoning & Development law in the proposed amendment. Should the City Council concur with the Planning Commission's decision of June 12, 1989, staff recommends .that the Clty Council approve Resolution No. 89-81 approving General Plan Amendment 89-02(d) to the Land Use Element. ~eth SChoemann ' Associate Planner Chrlstln& A" Shthgle~n Director of Community Development BS.CAS'ts --~ Attachments' Planning Commission staff report of June'12, 1989 Planning Commission Resolution No. 2615 Resolution No. 89-81 Community Development Department ITEM NO 8 ' ~ Planning Commission DATE.' · · 1UNE 12, 1989 SUB,)ECT: APPLICANT: ENV I ROI(MENTAL STATUS:' REQUEST: GENERAL PLAN ~IENDMENT 89-02(d) (LAND USE ELEMENT) CITY OF TUSTIN, COMMUNTIY DEVELOPMENT DEPARTMENT A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. GENERAL PLAN AMENDMENT 89-02(d) 'LAND USE ELEMENT REVISIONS RECOMM ENDAT I ON It 'is recommended that the Planning Commission' 1. Cerl~lfy the Negative Declaration as adequate for this project by approval ~of Resolution No. 2622; and · · 2. Recommend approval to the City Council of General Plan Amendment 89-02(d), amendments to the Land Use Element o.f the General Plan by adoption of Resolution No. 2615. BACKGROUND Calif6rnia Planning, Zoning and Development law and recent court decisions require that a City's local general plan contain population density and building intensity standards that establqsh maximum development levels for each land use classification. While .the City's current General Plan contains population density standards, it would be appropriate for the City to establish intensity standards for all land use classifications in conjunction with other comprehensive amendments to the Plan being proposed at this time since the City may only amend the General Plan four times per year. The California Government Code states that no mandatory element of a General Plan shall be amended more frequently than four times during any calendar year. However, 'each amendment may include more than 1 change to the General Plan. ,, Community Development Department- Planntng Commission Report GPA 89-02 June 12, 1989 Pa ge two .o ,. Appropriately General Plan Amendment 89-02id) is being considered in conjunction with four Ot~er amendments all of which will be considered 1 amendment per the. Government Code. Since the Department will begin undertaking conprehensive revisions to the General Plan in the next fiscal 'year, Amendment 89-02(d) is intended to be interim only. A ipublic hearing notice denoting the time, date, and location of this hearing was published in the Tustin News. ANALYSIS Govermment Code Section 65302(a) specifically reads- "...The land use element shall include a statement of standards of population density and building intensity for the various districts and other territory covered by the plan." While recent court decisions have fallen short of actually defining what proper measures of building intensity might be, there have been a number of interpretations and poiQts addressed in sp~t-fic cases as foTlows'® · . ° Intensity should be defined for each land use category in the plan. ° General use ca~tions such as "neighborhood commercial" and "service industrial" are insufficient measures of intensity by themselves. ° Building intensity is not synonymous with population density. Intensity is dependent on'a local plan's context and may be based upon a combination' of variables such as .maximum dwelling units per acre, height, size limitations and use restrictions. Th~ 'State Offtce of' Planning and Research has also recommended that each intensity standard include: 1) permitted land uses and building types; and 2) concentration of uses. "Permitted uses is a qualitative measure of uses that will be allowable in each land use designation. The concentration of use can be defined by one or more quantative measures that relate directly to the amount of physical development that will be allowed." Many cities in ·completing comprehensive revisions 1~o their General Plans have utilized the concept of floor area ratio to establish maximum development levels for each land use Uesignation. Floor area ratio is a ratio which expresses the relationship bet~een a structure and the lot upon which it is situated and is Community Development Department Planhing Commission Report GPA 89-02 June' 12, 1989 Fage three calculated by dividing the gross floor area of a structure by the gross area of the lot upon which it is built. Tustin staff, do not believe that the use of floor area ratio standard would completely implement the intent of our .local General Plan. Implementation of such an approach-in Tustin could alter maximum land use intensity patterns Currently permitted in the Zoning Code since the floor area ratio concept does not deal with such issues as maximum building height, a particularly sensitive issue area in Tustin. Staff, therei~ore do not support the use of a floor area ratio standard at this time without a comprehensive look at the entire General Plan for consistency as well as a more exhaustive environmental review. Since the City will be undertaking a comprehensive revision to the entire General Plan over the next fiscal year, staff felt it more appropriate to develop an interim approach to defining population denslty and building intensity in order to ensure that our future planning actions could not be held invalid due to the inadequacy of our General Plan for failure to comply with Government Code Section 65302(a). . The interim approach recommended for defining intensity 'standards is generally referencing the Tustin Zoning Code in the General Plan. While the Land Use Element defines public and private land uses, it is not a zoning map. The Zoning Code on the other hand, is. an implementation tool which specifically identifies development standards or the mechanism to determine them in each zoning district. TXese 'deVelopment s.t~a~dards control specii~ic land use intensity measurements such as placement.-of bUildings, maximum height, bulk, density and lot coverage permitted on specific .parcels.' Therefore, by referencing the Zoning Code as the density and intensity guidelines, .the Land Use Element Amendment would not alter the '~xisting land use intensity patterns or create a means for.promoting or discouraging growth beyo. nd that currently permitted in the General Plan or Zoning Code. In addition to .establishing .standards in the Land Use -Element assorted typographical, spelling and grammatical errors .have also 'been corrected in the Amendment. Proposed amendments, in the Land Use Element recommended by General Plan Amendment 89-02(d) are textual only'and are attached as Exhibit 'B' Language to be removed from the Element or deleted is cross-hatched and new ianguage is bolded and underlined. .e Community Development Department o. P].anntng Commission Report GPA 89-02 June 12, 1989 Page four- · CONCLUSION Staff believes that the proposed General Plan Amendment is appropriate to comply with the Government Code changes and avoid possible litigation in the future. For these reasons, staff recommends that the Planning Commission adopt Resolution No's. 2622 and 2615 approving General Plan Amendment 89-2(d). §~-t~l Schoemann Associate Planner BS:CAS'ts Chrlstl~e AJ ~hi~ Director of Community Development Attachments' Negative Declaration Environmental Initial Study Resolution No's. 2622 and 2615 · o Community Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lO 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2615 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF GENERAL PLAN AMENDMENT 89-02(d), A REQUEST TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. Government Code Section 65358 provides that when it is deemed to be In the public Interest, the legislative body may 'amend a part of 1ts General Plan. B. Government Code Section 65358(b) states that no mandatory element of a General Plan shall be amended more frequently than 4 times during any calendar year. However, each amendment may tnclude .more than i change to the General Plan. Appropriately In conjunction with General Plan Amendment 89-02(d) four (4) other amendments are belng considered and all amendments shall be considered as i amendment per Section 65358(b). C. In accordance with Section 65302(a) of the Government Code, the General Plan Land Use~Element must include population density and bulldlng lntens1.t¥ standards. In order to comply, a textual amendment has been developed for the General Plan. This Amendment Is consistent with other elements of the Tustin Genera 1 P1 an. D. A public hearing,has been duly called and noticed, and] held on June 12, 1989. E. The proposed amendment has been reviewed in accordance with the California Environmental Quality Act and a Negative Declaration has been prepared. F. The proposed amendment is in the best interest of the public health, safety, and welfare of the citizens of Tustin based on the following: 1. Land Use Element Amendment 89-02(d) will not alter the existing land use intensity patterns or create a means for promoting or discouraging growth beyond that currently permitted in the General Plan or Zoning Code. The amendment will accomplish the task of defining population density and building intensity Standards. 2. The proposed amendments are interim to be reevaluated in 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 2O 21 · 22 23 24 25 27 28 Resolution No~ 2615 Page two condunctlon with comprehensive .revisions to the General Plan. 3. The establishment of intensity standards will ensure that the City of Tustin has an adequate General Plan. II. The Planning Commission hereby recommends to the City Council of General Plan Amendment 89-02(d) proposed textual amendments to the Land Use Elemeht as shown tn Exhibit 'A' attached hereto and incorporated herein by reference. hePASSED1 d onANDthe ADO PT~.. at.~/~, daya re gu]~j~ mee tlngof ~ of, 1the .Tusttn989 Planning Commt sslon, ley" ' Secretary EXXIBIT A ~P -b · ,~.;.. ~ ~ I · ~AND USE ELEMENT OF THE GENER._ PLAN PURPOSE · Section 65300 of. the Government Code of the State of California requires each city to adopt a comprehensive, long-term general Plan for the physical development of the city, and of any land outside its boundaries which in the planning agency's judgement bear~ relation to its planning. Section 65302 (A) states that a land use element is required which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoy- ment of scenic beauty, educati on, publ I c bui 1 dings and grounds, sol i d · waste disposal facilities, and other categories of public and private' uses of land. The land use element shall include a statement of the , standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The l'and use element shall also identify areas covered by the plan which are subject to flooding and shall be reviewed annually with respect to such areas. This objective was achieved in 1966 by the joint effJrts of the City of Tusttn, County of Orange, and Foothill Planning Committee by the prepar- ation and adoption of the Tustin Area General Plan. But the Tustin area is not static - it is a dynamic community that has gone through a period of unparalleled growth and change during the past decade. The Land Use Element was a desire for the future rather than an acknowledgement of reality and probability. It has been amended on several occasions, --1- unilaterally by both the Ct ty and County. Extsttng Zoning patterns for high density residential and conflicting land uses were perpetuated. .. Ambiguities: in use boundaries andinconsistency of the Land Use Element · · with Zoning Ordinances were the basis of various interpretations and controversies. . Initial 'theories of general plans as related to Zoning established the role of the Land Use Element as a blueprint for future development that would serve as a guideline to be considered by Planning Commissions and City Councils in hearing zone change applications. It was neither sacred nor precise. In 1971, by the enactment of AB1301, and amendments by AB1725 and SB123g, the State of California Legislature established the requirement that General Plans and Zoning Ordinances must be consistent by. July 1, 197-3, and the various land uses authorized by the ordinance are compat- ible with the objectives, policies, .~eneral land uses and programs · specified in such a plan. " The intent of this element is to establish a basis for conformity and recognize the realities of existing land developments as well as to establish precise guidelines for future developments. _<It is n.ot a zoning map, nor are development standards incorporated into this docu- ment. This element defines areas for major land use classifications as defined in subsequent section. The distinctions of land use, as related to population projections and housing unit density are contained in the Residential Element.> The element consists of both text and a Land Use Plan Map which define prlvate and publlc land uses. The element also includes population denslty, standards as well as definitions for butldlng Intensity stan- dards. However, the General Plan ls not a zontng ma.p. The text and Land Use Plan Hap provide general~ broad direction.. ,The ,Zoning Ordinance, on the other hand ts a spectflc Implementation tool for c~lasstfylng properties within the community into specific land use dl.s~ trtcts. The Zontng Plan Map which designates land use zoning districts is accompanied by ordinance provisions which spec.iftca, lly identify development standards or the mechanism to determine.them' tn .each z. on.l. ng district. These standards control spectfic land use Intensity measure- ments such as placement~ maxtmum he!ght, bulk; density, lot coverage permitted on speciftc parcels, etc. The Local Agency Formation Commission in December 1972, formally adopted a "Sphere of Influence" for..the City of Tusttn, whlch is the area encore- -passed by this element. ? II. CLASSIFICATION OF USE A Land Use Plan reflects the application of ..General .Plan.goals and objectives to the distribution and intensity of future land uses in Tusttn. The Land Us_._[e Plan is not meant to serve as a zonln~l' map but should,.onl,,y be interpreted a.s,,a ~en. eral' ~utde to the amount, type. and . relationship of land uses. The following major land uses appear on the Land Use' Plan Map and are Identified and described as follows: A. Residential Land Use Classifications Four residential denstt~.,,ucategorles are established for the purpose of providing the Ctty wtth a range of butldlng Intensities that -3- allow flexibility. A mix of higher and lower densities may be ~ mltted within an area but the overall densities iwlthlnLiia land_ us~e category shal.]l not l, exce, le, d t, he densities noted herein. In some areas, densities allowe~d at the zoni_ng level may be...substantially lower than identified in the Land Use Element if deemed necessary to implement General Plan goals, policies'or implementation programs.. <A>I. Single-Family Residential This classification is related to the character of residential land use rather than to precise zoning classifications or den- stty patterns. Within the Tustln Sphere of Influence, 5,727 acres or 67.9% is designated for single-family occupancy. The character of this occupancy varies from the estate on 4 acres of hillside to the patio home on a 3,600 square foot parcel. The intent is to identify the traditional residential subdivision with detached, owner-occup?._d units, each on its own parcel of land, maintainin, g a low density, character with the actual setbacks, maximum height, and lot coverage of building to be specifically, governed by the Tustin Zoning Ordinance and Zoning Map. Population densities within this classification will vary from 2 'persons to 20 persons per acre. <_The density patterns for 'varying housing developments are reflected on the Residen- rial Section and Map of the Land Use Element.>_ <B>2. Multi-Family Residential It is also the intent of this classification to define the Char- acter of development rather than unit density. _<Included within this definition are the developments that are designed for -4- cluster development with common open areas,_> The classification allows for a wide range of l!.vlng accomodations includin0 single-family units, i lapartments, condominiums, townhouses, and cooperatives/community apartments. Traditional concepts for land use elements have defined patterns by the number of dwel- ling units allocated to an acre of land. As such, they were a distortion of reality and meaningfulness. As an example, a heavy density area would authorize 25 dwelling units per acre. The. result could be 25 three-bedroom family apartments with a. population three times greater than a development with one bedroom units. <To accommodate the need for more precise defini- tions a'nd classifications of multi-family developments is accommodated by the Residential Section and Map of the Land Use Element.> The maximum dwelling unit ~Le~stt.) would not be expected to exceed 25 d. welling units peh acre in this classification with approximate p. opulati~o..n density of 60 persons per acre. ,,lin any event, classification of multi-family development including actual densit), setbacks,, maxim..um height, lOt.lcoverage, land type and size of buildings shall be specifically governed by the Tustin Zonin0 Ordinance and Zoning Plan Map. <C. Professional> <_This classification encompasses the office building, either detached or within a complex. Occupancy within this area is related to services to the individual as distinguished from retail sales.> -5- 3. Hobtle. Home Residential This c!,asslflc~tl,on~, SU, b~lect to a conditional use permit~ ,a!!o~.s' mobile h. ome parks~, travel trailer parks~ and 'permanen, t recrea- tional vehtcle parks~ and accessory and service structures associated wtth such parks. The maximum densities for thts land use classification ranges from 10 to 15 dwe!1,tng units per acre or ~lth an approximate population density, of 24 to 36 persons per acre. Actual denstty, maxtmum helght~ setbacks~ and lot coverage shall be specifically governed by the Tustln Zoning Ordlna.n, ce and zont, n~ Plan Hap. 4. Planned Community, Residential To a11o~ diversification of the relationships of various dens1- ti. es, bu. lld{ngs and open spaces In planned...bulldlng..groups~ .a_ planned community res!denttal classification has been created. T. he classlf.!catl.qn recogntzoe; that mlxed and Integrated uses can be made to be compatible by'design standards. To ensure comp. at, tbtllty of land uses per..m, ltted..ln this classification ~ith the character of surrounding developments (~hlch is the same Objec- tive of land use p!..ans), prectse development plans must be approved prlor to authorization for development. The actual mechanism for defining locat!on~ .land use designation, density range and other bulldlng Intensity standards wtll specifica!l¥ be governed. by Planned Community Dlstrtct provisions contained tn the Tustln Zoning Ordinance and/or adoption of a specific plan pursuant to authorlzat!on by the California Government Code. -6- B. Commerclal Classifications :~. Profess1 onal ~ ,1 , Thts classification provides for the development of professional office uses and related commercial uses etther detached or wl, th!,,n a c0mplex- occupancy .wtthtn tht. s area ts related to services to the tnd!vldual as dlst!ngulshed from retail sales.,. Actual permitted uses and permitted but, idtng intensity In thts classtflca'tton shall be specifically governed by the Tustin Zontng Ordt, nance and,,Zontng Plan t4ap,,~ <D>2. Commercl al The commercial classification, <like the multi-family area, Is cumulative and encompasses a wlde.'vartety of activities.> is characterized by a variety of miscellaneous retatl and commer- cial servtce uses. Land uses Include the professional offtce building, private recreatto~n._.facllltles, Individual stores and shops, shopping centers, and facilities providing sales and services, Including automobile sales and servtce. Actual' permitted uses In certaln locations In this ciassl.flcatlon and permitted butl..dJng Intensity standards such as setbacks,maxtmum hetght, lot cove.rage, and other limitations ts de.retrained and shall be specifically governed by the Tusttn Zontng 0rdtnance and Zoning Plan I~ap. <H>3. Planned Community Commercial This designation Is both a l~nd use and zoning clas.slflcation. :]:t recognizes that mtxed and Integrated uses can be made to be · compatible by destgn standards. To assure the objective of com- patibility of land use and butldtncj Intensity wtth the character ""7- of sut'~'oundtng development, s, <_(v~hlch ts the same ob.iecttve of land use plans)_> pr-eclse development plans ar-e t'evlev~ed and appr-oved pr-tor-'l;o author-lzatlon for' development. The acl:ual mechanism for' desJ,,,gn, locatt,on~ per-mitred land use and other- butldtng tntensJt,.V' standar-ds wtll be spectftcally_gover-ned by . Planned Communlt.v Dtstrtct pr-ovlslons found tn the Tusl:tn Z,,onlng Or-dtnance and Zontncj Plan Hap. This wtll pr-ovlde the developer' wtt, h a hlgh degr-ee of flextbllll;y In land uses In r-esponse to mar-ket, demand. <:]:t pr'ovtdes the developmenl: plans.> <E>C. Publlc and ]:nst. ltutlonal Classification This designation lncludes public and quasi-public uses such as par'ks, schools, chur'ches, hosptt,als, open space~ utlltty facilities, and other' tnsttl:utlons such as the Tus'l:ln Har'tne Cor-ps Atr- Sl'.atton. <of a public or- quasi-public char-actet-.> Open space and par-ks ar'e mor'e pr'ectsely deftned by the G<rnser'vatlon-ltecr'eat,ton-O, pen Space · E:lement of t,he Gener'al Plan. Amenities and compatibility of uses tn thts classification wtth sur'r'oundlncj use classifications w111 be ensur'ed b.v r'evtew of the spectftc location of each pr-oposal tn this classlfJcal:ton Including setbacks, maxtmum height, lot cover'acje~ and other' size limitations. Speclftc building Intensity w111 be gov- erned by Public and :]:nstltul:lonal pr'ovtslons contained In the Tusl:ln Zontncj Or-dtnance and Zonlncj Plan Map. <F>D. :]:ndustr'tal Classification <This classification Includes those acl:tvtttes of heavy commer-clal, war-ehouslng, and manufacl:ur'lng char'act, er' that, ar'e incompatible with r'esldentlal development..> The :l:ndustr'tal land use classification Is -8- designed to accomodate a variety of industrial uses which are non- polluting, including but not limited to heavy commercial, research and development, distribution, warehousing, light manufacturing, wholesaling and related service uses that are incompatible with residential development. Actual permitted land uses and permitted building intensity standards such as setbacks, maximum height, lot coverage, and other size limitations shall be specifically governed by the Tust~n Zoning Ordinance and Zoning Plan Map. <G>E. Mtlttar¥ Classification The reality of the Marine Corps Air Station (Helicopter) within the Tusttn Sphere of Influence is recognized. At such time as the Department of the' Navy should declare the uses surplus to its requirements, action would be necessary to define its precise land use classification for private development. <I>F. Specific Plan Classification ~-' Section 65450 of the Government Code authorizes cities to adopt speci~fic plans based on the general plan a~'d regulations for the purpose of implementing the general plan and the purposes of ~he State Planning and Zoning Act. Not only may a specific plan classify land uses and street design in general terms, but it also precisely defines the character and design of development. <As an example, E1 Camino Real is designated as a Specific Plan area for the purpose of preserving its historic character as well as promot- ing the concept of a village shopping center.> Although there is no specific plan classification shown on the Land Use Map, a specific plan may be utilized in conjunction with any land use classification as a means of ~chieving General Plan goals and objectives. III. ASSUMPTIONS A. The character of the community is established as a quality residential area with a commercial and potential industrial base adequate to support the desired level of government services.. B. The residential areas of the older town center area will be the subject of pressure for redevelopment or more intense land use. These pressures may' be reduced only by requiring property maintenance to prevent deterioration and blight. C. Public improvements, such as the First Street project, will encour- age and stimulate private property owners to develop and redevelop their properties for the highest and best use. D. The potential of a regional shopping center to serve the Tustln area exists at the intersection of the Santa Aha Freeway with Jamboree Road and may be a reality through the cooperation and promotion of the Irvlne Company. ~-. · . E. The Economic base and reputation of the community will be based upon the quantity and quality of professional office space, commercial centers, and potential of industrial parks. F. No large scale annexations of inhabited areas will be accomplished until such time as there is a change in existing state law or resi- dents of unincorporated areas pay a higher price for urban, services than the tax rate for city residents. G. The advent of rapid transit facilities may have a significant effect upon the character of the community by creating a demand for high quality living accommodations with convenient access to employment' centers. -10- H. The incorporated City of Tus. tin and unincorporated area within the Sphere of Influence are mutually dependent and impacted by any change in land use or character of the area. I. Additional park lands will be provided on a regional basis by other agencies of government and neighborhood parks w111. be provided as a requirement of prlvate developers in 'conjunction with subdivision approval. IV. GOALS AND OBJECTIVES A. To promote an economically balanced community with complimentary and buffered land uses to include industrial, commercial, professional, multi-family and single family development. · B. To revitalize the economic health and vitality of the Town Center Area. C. To preserve and expand the indu~s_trial base by designating the U. S. Marine Corps Air Station (Helicopter) as an industrial reserve to be developed under Planned Industrial Zoning Standards at such time as the land may be made available for Private development. D. To establish an identity as a professional office building area, providing quality structures with design amenities. E. To provide neighborhood parks and open space in geographiccal areas based upon the same location and distribution as appropriate for elementary school sites. F. To provide 'a variety of housing accommodations with emphasis upon single-family, residential areas. G. To preserve the low density exclusive characteristic of the foothill area. 11 .. H. To obtain a distinguishable community ~dentity related to community pride and cohesiveness of political, social and economical factors. I. To accommodate an optimum population of not more than 84,000 inhabitants within the Sphere of Influence. V. PROPOSALS A. To relate, by zoning classification, the population density for authorized land uses in addi'tion <contrast> to the traditional classification of housing unit density. To determine permitted land uses and building intensity standards such as setbacks, maximum height, lot coverage and other size limitations by reference to specific zoning provisions for certain properties governed by the Tustin Zoning Ordinance and Zoning Plan Map, B. To preserve the .industrial areas against encroachment of conflicting and non-compatible land uses. -12- C. To actively pursue the annexation of unincorporated Islands tn the ' Interest of economy, of government services, community Identity, and uniformity of development standards and-land use controls. D. To provide a degree of flexibility and Integration of land use for transitional properties by classification as Planned Community. E. To encourage the development of First Street between the Newport Freeway and Newport Avenue for professional-commercial development at a depth that wtll result In quality improvements while protecting the enjoyment of abutting residential properties. F. To designate the commercially zoned areas east of B Street and south of 6th into a Planned Industrial classification compatible with exlstlng and adjacent uses. G. To establish by land use plan and zoning the professional character of Irvtne Boulevard. H. To remove the industrial che~acter 'of properties on Newport Boulevard, northerly of the Santa Fe Railroad. T. To recognize existing developments and prior amendments to the Land Use Element. O. To designate for potential single-family development, an area easterly of Brownlng Avenue. VI. AREA OF LAND USE ALLOCATIONS: YEAR 2000 The distribution of. land uses in this element is predicated upon the character of existing developments, the trends of market demand, and the philosophy of the city in restricting multi-family developments to that currently authorized by zoning. -13- Table Use Category Zqntng Gross Acres ~ of Total Si ngl e-Fami ly R-! 5,387 63.8 Multi-Family R-3 455 5.4 Mobile Homes M.P.H. 62 .7 Professional PR 52 .6 Commercial C-1 236 2.8 I ndustrt al PM 704 8.5 Public & Instit. P&I 387 4.6 Freeway -- 419 5.0 Military Base -- 728 8.6 TOTAL 8,430 100.0 · . Total area within incorporated limits - 1973 - 4.5 square miles Total area within Sphere of Influence - 1973 - 13.1 square miles -14- VII. POPULATION PROJECTIONS The following, population data is based upon the 1970 Census for the .. · areas within the Sphe~e of Influence, and projections to the year 2,000 are based upon trends and planned developments. Table 2 SPhere of .Influence POPULATION HOUSING UNITS 1973 66,000 23,000 1975 76,000 25,300 1980 78,000 26,000 2000 84,000 28,000 '1970 Federal Census for area within Sphere of Influence VIII GENERAL CONCERNS AND CONSIDERATIONS A. Annexation P. oll,l¢~,. The City of Tustin is not expected to increase its corpor, ate limits by any significant amount resulting from annex- ation of inhabited areas, unless there is a substantial change in State annexation laws. Inhabited annexations require a vote of the electorate, and few people are willing to vote an increase in taxes, even for a higher level of services. An additional consideration to that of the required vote of the per- sons living in an area proposed for annexation, is the financial impact upon the city taxpayer. Economic analysis from various sources indicate thal~ the annexation of inhabited single-family residences at densities less than 12 units per acre are a financial 1 iabi 1 tty upon the ct ry. Development Research AssoCiates, in their economic analysis of the City of Tustin (1970) reported the following' -15- ' "Stnce the pr.ovistons of local publlc set'vices to r.est- dents lssubstdlzed b.y commer.ce and lndustr'.y, the Clty must at, tr'act addit:ional commer'clal and tndustr'lal devel- opment If tt allov~sr.estdenttal expansion. At cur.r'ent valuations and levies, 40 acres of addttonal tndustr'tal tmpr.ovements or' 20 acr'es of additt'onal commer.ctal devel- opment would be needed to offset the net public costs of maintaining an additional 1,O00 r'esldents In slngle- famll.y homes." Ther.e ar.e conslder'attons other' than financial, as r'elated to annexa- tion. These factor.s Include development conl:r'ol, envir.onmental contr'oi, Communlt.y Identity, econom.y of set'vices, and the phllosoph.y of "home r'ule" and political r'epresentatton b.y per'mt1:t:lng the r'est- · .. dents of an ar.ea to have voice and pat-l:tcipal:ton in the affatr's of the communt t.y. ,_- -. As a matter, of poltc.y, t1: would' be the tntent of the ci1:.y to appr.ove annexation r.equests for' Inhabited ar'eas upon petition of the r'esl- dents, when such annexation would conl:r'tbu~,e t, oward the ob,i'ecttve of ~ "squat'trig" the boundar'tes and pr'ovtdtng communt1:.y tdentt1:.y. B. Revt1:allzation of the Tov~n Center.. The adoptlon of a Spectflc Plan for E1 Camtno Real was one step towar.d the ob,iective of 1ncr'easing the economtc vtabtllt.y of the town center' a~'ea by pr'oviding encou~'- agement for. pr.tvate development. Fatlur.e of private pr'oper'ty owner's to foster, the objectives of a unique village center' ma.y necessitate poslttve assistance of the cit.y l:owar'd this end. Cr'ltlcal to the quallt.y of the Tustln Communlt.y Is the pr.ese~-val',lon of residential structures that have been permitted to deteriorate with the intent of creating blight that will encourage higher den- sity authorization for ..redevelopment. The City has adopted a policy of restricting the density of the old town area to a single-family character. To effectuate this policy without blight, a property maintenance ordinance is a necessity to prevent deterioration and preserve the quality of the area. C. East Tusttn Area. The land use element currently provides for a use i~1 i designation known as Planned Community (P.C.). The P.C. use is a method to assure the compatibility of land uses with the character of surrounding developments and provide for a vehicle to ensure precise development plans are reviewed and approved prior to devel- opment. One of the purposes of the land use element is to provide for flexibility and integration of land use for transitional proper- ties by classification as Planaed Community. It is the intent in the E~t Tustin area to utilize Planned Community as a land use tool in general and specific planning. The majority of the area is divided into three Planned Community desig- nations: P.C. Residential; P.C. Commercial; and P.C. Mixed Use. The Planned Community Residential area is recommended to have a densJty range from two dwelling units per gross acre to 25 dwelling units per gross acre. It is anticipated that the subject area will support a total residential dwelling unit count of 7,950 units for the approximate 1,173 acres of land dedicated to residential uses. At the city-of Tustin's current population rate per unit (1980 census) of 2.43 person/unit, the population density of the East -17- TustJn area may be approximately 19,440 people, a 47.63 percent lncrease over the 1985 population of 40,815. Portions of the East Tusttn area are located In hillside areas and will maintain a maximum density not to exceed two dwell lng units per gross acre, In keeptng with the goals of the Open Space and Conservation element. Htllstde areas are generally defined as havtng a slope greater than an average 10 percent grade, and the approximate acreage meeting this criteria Is 440 acres. The approximate number, of dwe111ng units should be in the range of 880. The proposal for areas of East Tusttn which are on level '*terrain and adjacent to existing residential area ts to maintain single family · residential detached with a character of development compatible with existing development. This is constructed to not mean lot size, but does mean an overall denslty less than standard R-1 resident, Ia1 den- stty, which is 6.0 dwelling un -Lt~ to the acre. The range is between 4 to 6 gross.dwelling units pe~ acre, and 5.0 gross dwelllng units per acre l s recommended. The approximate acreage of these areas ts :t66 acres, with a unttl generation of approximately 830 units. Outside of these requirements, remaining areas devoted to residen- tial may have residential densities ranging from two dwelling units per gross acre to 25 dwell lng units per gross acre. The terrain for these areas ts level, and the land carrylng capacity could conceiv- ably support the maxtmum denslty proposed. It ts the goal of the Land Use and Housing Elements to promote a variety of housing types, including single-family residential, and owner occupied housing. Unl'tke the single-family classification, the term single-family -18- residential Is construed to mean the definition shown In the Housing £1ement, which shows single-family as either detached, duplex, or to~nhouse units. These units can _be achieved at density ranges between 6 to [2 dwelltng units per gross acre, or an average of 9.0 dwelling units per gross acre. To attempt a balance between provid- ing for a variety of housing types, including multiple family, and owner-occupied single family units, an average of 11.0 dwelling units per acre is employed. The gross acreage figure of approxi- mately 567 acres will produce approximately 6,237 units for this area. While residential unit limitat~lons are imposed, the location, desig- nation and density range of residential units will be determined at such time that the area undergoes specific planning. The location of planned community residential areas are consistent with the goals of the land use element an~l-internally consistent with other elements of the general plan. To ensure that density ranges are internally consistent, specific planning will allow these densities to be studied against the goals and objectives of the other elements. To ensure that the entire subject area is considered, one specific plan for the entire area will be prepared. The land use diagram will serve as the base to determine location of residential units and the entire project area will not exceed approximately 7,950 dwelling units. Both the .Specific Plan, and the General Plan, will be used in future consistency findings in the East Tustin area. -19- Planned Community Gommerclal will support all retail commercial uses with support office uses and covers an approximate acreage of 40 acres. Planned Community Mixed Use can .support retail commercial uses or off.ice/research and development uses and covers an approxi- mate acreage of 120 acres. The recreational use shown on the diagram is designated as exclusively for a golf course and covers an approximate acreage of 150 acres. Public and Institutional' uses cover proposed community park loca- tions, as well ~s conceptual intermediate and high school sites. The approximate acreage for these uses is estimated at 90 acres. -20- STATE OF CALIFOR'NIA ) COUNTY OF ORANGE ). CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of he ~Planning Commission of the City of Tustin, California; that Resolution No.t ~/_~-. was duly passed an!d a~dopted at a~cegular meeting o[ the ~stin Planning Commission, held on the /~7~-'day of ~ i 198~. Recording Secretary 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-81 . 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTI'N, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 89-02(d), AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN. The City Council of the City of Tusttn does hereby resolve as follows' I. The City Council finds and determines as follows' A. Government Code Section 65358 provides that when it is deemed to be in the public interest, the legislative body may amend a part of its General Plan. B. Government Code Section 65358(b) states that no mandatory element of a General Plan shall be amended more frequently than 4 times during any calendar year. However, each amendment may include more than I change to the General Plan. Appropriately in conjunction with General Plan Amendment 89-02(d) four (4) other amendments are being considered and all amendments shall be considered as 1 amendment per Section 65358(b). C. In accordance with Section 65302(a) of the Government Code, the' General Plan Land Use Element must include population density and building intensity standards. In order to comply, a textual amenUment ~has~b. een developed for the General Plan. This Amendment is consistent with other elements . of the Tusttn General Plan. D. A pub]ic hearing has been duly called and,,notlced, and held on June 12, 1989 by the Planning Commission and June 19, 1989 by the City Council. _ E. The proposed amendment has been reviewed in accordance with the California Environmental Quality Act and a Negative Declaration has been prepared. F. The proposed amendment is in the best interest of the p~bl'ic health, safety, and welfare of the citizens of Tustin based on the following: . Land Use Element Amendment 89-02(d) will not alter the existing land use intensity patterns or create a means for promoting or discouraging growth beyond that currently permitted in the General Plan or Zoning Code. The amendment will-accomplish l~he task of defining population density and building intensity standards. 2. The proposed amendments are interim to be reevaluated in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 89-81 Page two conjunction with comprehenslve revisions to the General Plan. 3. The establishment of intensity standards will ensure that the Clty of Tustln has an adequate General Plan. II. The City Council hereby approves General Plan Amendment 89-02(d) textual amendments to the. Land Use Element as shown in Exhibit 'A' attached hereto and incorporated herein by reference. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the day of , 1989. Utsula E. K~nne'dy, Mayor Mary Wynn, City Clerk