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HomeMy WebLinkAboutPublic Hearing #1 08-03-87TO: HONORABLE PAYOR AND MENBERS OF THE CITY COUNCIL FROM: COPI~UNITY DEYELOPHENT DEPARTMENT SUBJECT: ZONE CHANGE 87-1, 87-2 AND GENERAL PLAN AMENDMENT 87-1 APPLICANT: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CALIFORNIA 92680 ENVIRONMENTAL STATUS: ZONE CHANGE 87-1: CATAGORICALLY EXEMPT CLASS $ GENERAL PLAN AMENDMENT 87-1 AND ZONE CHANGE 87-2: A NEGATIVE DECLARATION HAS BEEN FILED IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT LOCATION: PROPERTIES LOCATED ON THE #EST SIDE OF NENPORT AVENUE BETWEEN THE I-5 FREE#AY AND MITCHELL AVENUE AND ON THE EAST SIDE OF NEWPORT AVENUE BETNEEN MAIN & SAN JUAN STREETS RECOMMENDED ACTION: M.O.- It is recommended that Resolution 87-87 be adopted. M.O.- It is recommended that Ordinance 989 have first reading by title only. M.O.- It is recommended that Ordinance 989 be introduced. H.O.- It is recommended that Ordinance g90 have first reading by title only. M.O.- It is recommended that Ordinance 990 be introduced. BACKGROUND: On July 1, 1987 the City Council extended the moratorium on approval of development projects on properties located on the east side of Newport Avenue between San Juan and Main Street and on the east side of 'B' Street between Mitchell Street and the I-5 freeway. This extension was granted in response to the requirements of the California Governmental Code in order to complete a zoning study initiated by the original interim moratorium adopted on April 20, 1987. City Council Report August 3, 1987 Zone Change 87-1, 87-Z/General Plan Amendment 87-1 Page t~vo On July 27, 1987 the Planning Commission acted upon the proposed rezoning project for these moratorium areas after discussing the issues during a workshop session on June 29, 1987. All the proceeding staff reports for the moratorium and Planning Commission actions, are attached to this report for further information. SL#dlARY AND ANALYS]$: The results of the zoning study concluded in a recommendation to rezone both project areas (see attached exhibits to Ordinance Numbers 989 and 990) to Planned Community Commercial. The zoning designation would allow similar uses as authorized in the current zoning on the properties except a portion of the southerly project area which would be rezoned from R-3: Multiple Family Residential to Planned Community Commercial. Staff is also recommending that this southerly project area be redestgnated PC-C Planned Community Commercial on the General Plan Land Use Map prior to any action on the Zoning Ordinance Amendment for this area in accordance with state law. The PC-C zoning designation will require approval of a Conditional Use Permit prior to development of the properties in the study areas. Under the Conditional Use Permit process, an adopted development plan would become the development standards for the property as opposed to development standards codified with conventional zoning districts. The PC-C district has been an extremely successful revitalization tool particularly in projects such as Tustin Plaza. In conjunction with the proposed Zoning Ordinance Amendment the Planning Commission also adopted guidelines for approving development plans for Planned Community Commercial (PC-C) properties. These guidelines required that issues such as access, traffic impacts, visabiltty and land use for any project in the the PC-C zone be addressed in reviewing a Conditional Use Permit and development plan application. CONCLUSION: Approval of the proposed project wtll encourage comprehensive development of the properties in the study areas. Special emphasis can be placed on issues such as access, vtsabtllty, land use and traffic impacts. The Zoning Ordinance amendments would require that future development in the study areas be subject Community Developmen~ DeparTrnen~ ~ City Council Report August 3, 1987 Zone Change 87-1, 87-2/General Plan Amendment 87-1 Page three to a Conditional Use Permit and approval of a development plan which must be considered .by the Planning Commission, thereby ensuring proper review and orderly development of those properties locataU dn the study areas. Vk%uraAssoctateCay ~a~nnUe~rP [ Christine Shingleton ./" Director of Community Development LCP: per Attachments: Staff Report, July 27, 1987 Environmental Checklist Ordinance 989 and 990 Communily Developmen~ Depar~men~ -~ Pl nnin:g Commission DATE: '~ULY 27, 1987 SUB,IECT: ZONE C~iANG£ 87~1, 87-2 AND GENERAL PLAN ANEIil~EIIT 87-1 APPLICAliT: CITY OF TUSTIN 300 CEIJTENNIAL lily TUSTIN, CALIFORNIA 92680 Elf/IROI~qEIITAL STATUS: ZONE CHAIIGE 87-1: CATAGORICALLY ~E~PT CLASS 5 GENERAL PLAN AI~ENDNENT 87-1 AIJD ZONE CHANGE 87-2: A NEGATIVE DECLARATION HAS BEEN FILED IN CONFORIqANCE I~ITH THE CALIFORNIA E)i~IROIOIEIJTAL QUALITY ACT LOCATION: PROPERTIES LOCATED Oil THE IJEST SIDE OF IJE~PORT AVENUE BET~E£1J THE I-5 FR£E*~AY AliD IqlTCItELL A¥£}IUE AltD Oil THE EAST SIDE OF NEI~PORT AYEliUE BETllEEll NAI~i & SAIl ~UA~i ~FREET$ RECIIlqqEIIDED ACTIOII: It is recommended that ~e Planning Commission adopt the roll,lng: a.) Resolution ~to. 2413 recommending that City Council approve Genera'l Plan Amendment 87-1. b.) Resolution rio. 2414 recommending Zone Change 87-2. c.) Resolution liD. 2412 recommending Zone Change 87-1. d.) Resolution Ilo. 2411 establishing guidelines for review of Conditional tJse Permtt appli carl ohs and proposed Oevelopment Pl ans. BACICGROUtiO: On ~une 29, lg87 the Planntng Commission held a publlc workshop to dtscuss proposed Zone Change 87-1~ 87-2 and General Plan Amendment 87-t. Staff presented a report containing Information on the events whtch led up to the Initiation of the project and a proposed course of actton. The June 29th staff report ts attached for all related background Information. At the workshop, Rt. Robert Latrd of Cerrttos expressed concern over the proposed [-5 Freeway wtdentng and how. ~t would affect hts property. Recent freeway wtdenlng data was obtatned from the Los Angeles Caltrans off~ce and ts l. attached to thts report as Exhtbtt I. Additional conversations ~tth Clarence Corn rnunity Development Department Planning Commission Report July 27, 1987 Zone Change 87-1, 87-2/General Plan Amendment 87-! ' Page 'cwo O'Hara of Caltrans 'on .July 8th would indicate that Caltrans may be suggesting design changes alongI the stretch of freeway widening adjacen~ to Mr. Latrd's propertlf~ Those changes would not ltkeQy result i~ the need for additional right-of-way but could eliminate the Newport Avenue ramp and widening for the ramp ~tself. All other verbal and written comments on the proposed Zone Change 87-1 and 87-2 supported rezontng as proposed. Since completion of the staff-report and publication of public heaping notice on this-matter, no further inquiry has been made opposing the proposed Zone Changes and General Plan Amendment project. ANALYSIS: Both project areas involve rezontng to PC-C (Planned Community Commercial) DistriCt. The PC-C District requires approval of a Conditional Use Permit and development plan by the Planning Commission prior to any new development. In most cases, development plans include comprehensive strategies for improvement of properties in the PC-C District. In order to emphasize the concerns of access and visibility, staff is also recommending adoption of Guidelines to be used in reviewing Conditional Use Permit applications and for development plans in the PC-C Otstrl~t: These guidelines will require consideration of access, visibility and land use issues prior to approval of a Conditional Use Permit adopting of any development plan. Therefore, ensuring proper consideration of surrounding properties prior to development. As mentioned in the attached staff report, rezoning of the area south of the I-S Freeway will also require a General Plan Amendment which redesignates the land use from HF (Hulti Fandly) and C (Commercial) to the PC (Planned Community) District. This amendment will ensure conformance be~een the Zoning Hap and General Plan Hap as required by state law. The properties at Newport Avenue and Hain Street are already designated for commercial land use on the General Pl~fl Hap. : CONCLUSION: Through the implementation of Zone Change 87-I, 8?-2, General Plan Amendmen~ 87-1 and- the Development Plan Guidelines, staff can facilitate mere comprehensive, cohesive development of the properties involved. Should this project be adopted, all future development of parcels will require prior approval of the Planning Commission by issuance of a Use Permit. This Use Permit process will 'also require adoption of a development plan for any PC-C zoned properties. Corn munity D~veloprnent Departrnent Planntng Commtsst°n Report July 27, 1987 Zone Change-87-[, 8.7-2/General Plan' Amendment 87-1. Page three · This project is recommended by staff based upon a detatled analysts of -the tssues fnvolved. Nigh proper consideration of the tssues, 'staff recommends adoptton~ of Zone Changes 87-[., 87-2, &eneral Plan Amendment 87-[ and the Oevelopment Plan Guidelines for PC-C zoned properties. eton Christine Shlngl --- 01rector of Community Oevelopment LCP:pef Attachments: Exhibit [ June 22, [987, Staff Report Resolution Numbers 24[[, 24[2, 2413 and 2414 Corn munity Development Oepann~ent EXHIBIT I PROPOSED I-$ FREEWAY WIDENING** **PRELIMINARY PLAN AS OF JULY 1, 1987, SUBJECT TO CHANGE R~port to 'the ~" ~°, ~- , Planninlg Commission ~ec~ ~o~ 4S days ~e~ sec~oa 6~855 of ~e ~l~fo~a ~cver~ 2ode) and was ~ff have ~]e~d ~e zoa~a~ s~ of ~e ~ro~e~es ~ac~uded ~a ~he ~ra~or~um area and have draf~d Commun~ D~lopm~; D~anm~; / Planning. Corem1 sston Report Zone Change 87-], and 87-2 and General Plan Amendment 87-! June 22, S987 Page ~o -- Ag1 etght (8) p'arcels ire. cJr~ently tn the South Cent~l Redevelopment Area and are zoned for commercial use (See ~ap ~io. ! tn the atl~ched staff report). E:ach.. 1'0~ has a 'c~mmerctal land use designation. In the (~eneral Plan. As proposed, the zone change would !nvolve rezontng of all etght (8) parcels from CG and CG-PUD to Planned Co~nl~ Coastal (PC'C). ~e zone change would no~ al~e~ '~e ~pes of ~sas all.ed by ~e ~rren~ zoning on ~e p~per~, h~ever ~co~n~ ~at ~e Co~sston constder ~tdellnes for development of Planned ~nt~ ~=rclal prope~les (See 1tam n~ber 3 ~n thts report). ~e of ~e Planned ~nt~ ~rctal dls~r~ct as opposed to C~ and CG-PUD ~11 ~11~ cat.tn develop~nt ~extbtltttes sac~ as parktng, sa~ bac~ and hetght ~qut~n~ whtch are ~tlo~d ~ .~et ~e needs of each development ~a. ,~ts muld be done ~ugh app~val of a develop~n~ plan whtch ~ut~d".p~or to tnttta~on of any p~]ect t, ~e Planned ~mmnt~ Co~rctal ~s~ct. ~ts develop~nt plan ts approved by ~e Planntng Co~ssto. ~rough m Use Pe~ t. ~s a~a tncludes 'eleven (~) parcels lo~d 1, ~e . South- ~develo~nt ~a (See ~p R~er 2 tn ~e at~c~ed s~ff report). '-Of these. ~x (6) are zoned C-~: Re~tl Co~r~al and ~e ~m~n~ng ftve (5) parcels are =ned R-3: ~ultl-fa~ly Residential. ~e p~posed project ~ould ~zone all eleven (~$) parcels ~ Planned Co~nt~ Co~rclal. ~ts would a11o~ Uses =~n~l~ au~orlzed on ~e stx (6)'C-~ zoned parcels, h~ever, ~e ftve (5) ~.ed.lo~ would be ~zoned ~ ~rctal. ~-~ ~e a~a previously dts~ssed. ~n~emn~l develop~n~ of parcels ~ts area would ~nder o~er properties undevelopable for co~rctal use. ~ ~e ~ ~e ~nC lot conftgu~ttons whtch ~ea~ Irregular lo~ wtth ~nt~ vtstbt;t~ and access. '~t~ ~e Planned ~mmnl~'~=rct&,l zontng ~stgnatlon..~e use of davelop~nC p~ans ~n he~p ~ ~duce ~ese p~b;ems -- ~posed ~ uslng a s~ndard C-~ or C; zone whtch would a]~ ~hc~n~ ~elop~nC. ~-f~ly s~c~s on ~e extsttng R-3 zoned lo~ would be conslde~ ~ts~ng, non~onfo~ng uses. Under ~ent provisions of ~e C1W's Zontng ~de, exts~Ing uses and st~c~s would be pestled to ~tn un~t ~ns~c~on of ~ ~an 50~ of the assessed value Is necessa~ or tf ~e use ~ ~e proper~ Is va~ed for a pe~od of.over stx (5) ~nths. Should etcher ~ ~ese even~ oc~r, ~e proper~ wou;d have ~ be conve~d to · co~rcta~ ' ~e ~n ~nfo~nce wt~ ~e Planned Co~nt~ dts~ct. ~e ~tn~ng stx (6) C--1 lo~ a~ ~ently used for coyote; pu~oses. Planntng Commtsst on Report Zone Change 87-1 and 87'-2 and .. General Pled Amendment 87-! ~une 22, 1987 Page three The ftve ($) C-1 zoned lo~s General Plan Land Use'~p...Hwever ~e extsttng R-3 zoned 1o~ are designated HF: Hultt~f~ly. A Gene~l Plan AMn~nt would be requlred ~ ~-destgnate all prope~tes tn ~e s~ a~a ~ ~e Planned ~mmntC7 ~rctal (PCC) land use designation prtor ~ any zone change on ~e subject properties. The pro]ec~ a~as bo~ ~n~ln stmtlaf ~stblltW and access problems. Zn order ~ assure co~rehenstve develop~nC of all parcels ~o ~etr fullest poten~tat, s~ff ~co~n~ ~at ~e Planntng Co~sston consider adoptton of develop~nt ~tdellnes for properties tn ~ese a~as as ~ell as all o~er. Planned Com~nt~y ~tal lo~. ~e proposed ~tdeltnes tnco~ora~ ~e following objectives for ~vei~nt plans tn ~e Planned ~nt~ ~rctal district: Consolidation of lo~ shall be tnco~ora~d whe~ver feasible; 2. Oavelop~nt of stng~e' parcels at ~a expense of 11~ttng ~u~re potential develop~nt o~ o~er parcels tn ~e s~ dls~ct and ~htch are adjacent ~ ~e a~a betng considered, shall be discouraged; and accesstbtltW of all parcels tn ~e sa~ dls~tct whtch a~ adjacent ~ '~e proper~ betng constde~d; and Oevelop~nt Plans proposed f~r Planned Co~nt~ Co~rc~al properties should tncorpora~ uses In whtch contrlbu~ ~'~e general fund ~herever posst bl e. S~ff constde~ ~e tssues of 1t~d access and vtstbt11~ of parcels tn ~e s~ a~as .(refer to At,chant ~) to be a par;mount constde~tten tn add~sstng ~ts project. S~ff ~n fact11~ co~rehenstve deve;op~h~ o~ ~e p~pe~es constde~d wt~ ~e ~co~nded Zone Changes, General Plan A~n~ent and adop~on of devetop~nt guidelines whtle ~ettng ~e tn~nttons of ~e South. ~nt~l Redevelop~nt ~.'~ Community Oev~to~m~m: Department " Planning Commission Report '" Zone Change 87-1 and 87-2 and. Geneeal Plan Amendment 87-1 June 22, 1987 Page' four Guidelines to be uted tn reviewing p~o~ect~ tn 'the Planned Community Con~nerctal Otstlct are tnco~oea~ed-tnto ~e at. chad draft Regolutton ~o. ~411. Draft ~solu~ons for Zone Change 87-~ , 87-2, and General Plan ~n~nt 87-1 are. a~ so a~ched for rev1 ~. /c~ n~ A.' 3~gleton, A:~c~e~: ~ay 21, 1987 S~ff Repo~ ~solu~on No. 2412 ~solutton'NO. 2413 Resolu~on No. ~414 ~-~ Community Development Department _ P.~CQtRRE)IDED ACTION: H..0. That U~,;gency 0rd'fnance Ho. 986 have . by ~tle only. That Urgen~ Ord~nanca'~o. g86 be ~n~roduced. That ~en~ Ordlnance ~o. g86 have second read~ng b~ ~tle only. ~.0. That Urgen~ 0rdtnance ~o. 986 be passed and adopted. ~ACXGROffilD: The Tus~ln City Courier1 adopted an ~nter~m ordinance (~o. 983) on Apr~l 20. 19~7. Th~s ordinance placed a ~oP~um on ~he p~cess~ng, tssuance of permits o~ apparels of a~ k~nd fo~ develop~n~ p~o~ec~ of p~ope~es located on ~he eas~ s~de of* ~po~ Avenue be~n' ~a~n S~eet and San ~uan and on ~he s~da of ~poP~ Avenue be~een the ~-5 f~ay ~nd ~chel] Avenue. A~ched a copy of ~e Ap~I ~0. 1987 S~ff ~po~ which d~s~sses the background and zonln~ ~ssues ~la~d ~o ~e ~nltla~on of the ~tor~um.. ~e sub~ec~ ~rato~um ~as es~bl~shed for ~e purpose of pestling co~le~on of Zone changes and a GenePa] Plan a~nd~nt which w~]] ~-zone ~he.s~d7 ~ PC-P~anned Co~n~ Co--eclat. Th~s ~s expected to encou,age co~,ehens~ve · develop~n~ of ~e p~pe~es ~n ~he s~dy a~eas and avoid deve~op~nt of p~cpe~es ~h~ch have a de~r~n~ effec~ on ~e a~ea. The ~a~o,~um p,ev~ous]y adopted ~s effective fo~ 45 days f~om ~e da~e adop~on and my be ex~nded by ~e C~ Council fo~ ten (I0) mon~s and (:15) days; A subsequen~ ex~ns~on of one yea~ my also be g~an~ed w~ ~e apparel of ~e C~W Council. ~ec~ton' 65858 ~e~,es ~at a ~epo,~ be p,epa~ed and .male available ~o t~e public ~ (10) days p,~o~ to ~e pub~.~c hea~ng fo~ the cons~de,a~on ex,riding any ~ra~o,~um adoP~d by an ~nte,~m o~d~nance. Th~s ~epo~ con~n~ ~e zoning ~]a~ed ~ssues' and a peoposed course of ac2~on fo, ~n~t~a~on of a zone change and Gene,al Plan a~nd~n~ fo~ ~e s~dy a~ea. £xtens~on of ~lorator~u. Ordinance - ~le~port )~venue page t~o 14QP~C As d~s~ssed ~n th~ a~ched s~ff ~epo~ of Ap~I 20, I987, each of ~e s~dy a~as have considerable deve]op~nC po~nt~a~ . H~ever, so~ lots have m~n~m v~slb~ and access ~ ~po~ Avenue. S~ou~d any of the ~o~ ~h~ch d~rec~y face ~po~ Avenue be developed ~nd~v~dua~ly, ~e poss~b~ of develop~nt of ~e ~ar ~o~ In each a~a Js h~gb~y unlikely. ~e pPoposed .zone change* to PC-P~an~ed Co~n~W Cowrc~al ~ou~d ~qu~ some fo~ of lot consolidation and a deve~opwnt plan. Th~s deve~op~nt p~an wou~d add~ess ~s~b~l~W and access ~ssues ~n addt~on to s~e, archt~ec~a~, and lan~cap~ng ~equtre~n~ and wou~d be approved by ~e ~ssuance of a Use AC ~s t~, S~ff has* co~le~d the fo~ng s~ps t~ards ~e prepa~on of '~ ~n~ n~ o~d~ hence awnd~n~. I. Base raps p~epared. Z. Su~ey of land use and zoning.. 3. ~paratton of ~ps shying zon~ng/~and use and cond~on of properS. · . ]n~a.~ analysis of p~oposed zone change and Gene's1 P~an a~nd~n~. The base mpi and ana~Ts~s ~su~s ~1 he~p s~ff ~ prepare the flna~ zoning docu~n~ fo~ presen~on ~ ~e C~W Counc~ and P~ann~ng Co~ss~on. ~e fo~ng ts. a p~pos~d p~cess~ng schedule for ~e cur~nt ~o~ p~og~am: ~une I, 1987 Pub]tc ~ear~ng held by C~W Counct~ ~o cons?de~ ex~ns~on' of ~e ~ator~um on ~he ~e~po~ Avenue June 1, - June 22, ~87 ' S~ff to co~e~ ana]ys~s of s~ area. P~pa~tton of zone changes and Gene~a~ Plan ~une ~2, 1987 P~l~na~ ~orkshop w~h P~ann~ng Co~ss~on and ~s~den~ ~ ~v~ S~ff repor~ and ~eco~nded app~ach. ~u~y 13, 1987 Publtc Hearing held by P~a~n~ng Co~ss~on adoption of zone changes and General P~an a~nd~nt, ~uly ~0, ~987 Publ~ ~ea~tng he~d by Ct~ Coun~/~edeve]o~n~ ~gen~. ~? ~ons~e~t~ ~_zo~ ~h~es and ene~ ~an' a~n~n~ I~1~ ~ea~ng/. I~oratortum Ordinance ~1o. 983: Zoning S~d7 Page three · Au~u$'c 3, [g87 Second ~ad~ng of zone changes and ~eneral Plan Sep~er. 2, [ga7 Zone chan~es and ;eneral Plan a~nd~nt fn' effect/~ra~rtum te~ ,a~ed. ~s ~nat~ve schedule ellis for app~xt~ly 3 ~nths of processing t~. c~anges.. Alt~oug~~e ~ato~um ~s not expec~d ~ be ~n e~ect ~o~ ~n (~0) ~n~s and ~a (15).da~s, ~e ~nat~ve schedule m~ c~ange ~ un~oceseen d~.lt~es a~se, ~e scope o~. ~e p~o~ect ~s changed o~ ~e cu~en~ wock ~oad t. ~e Co~nt~ Oevelo~nt Oepa~n~ changes s~gn~4ca,~. ~ever. the ~n~ng changes and Gane~ Plan a~ndment ~n be expected to be fn effect fn .ss ~an ~e ell~ed ~n ([0) mn~s and f~fteea' (ES) da~s. Upon adoption of ~e zone changes and Gene~I Plan amndmnt, the ~ato~um would au~oma~ca]ly ' Attachment. s: STAFF REPORT ORDI)IANCE IlO. 986 E~(H]:B[T A E~(H%BFr 8' ': ORDINANCE NO. 990 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3 OF TUSTIN, APPROVING ZONE CHANGE 87-2 TO REZONE PROPERTIES GENERALLY LOCATED NEST OF 4 NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE FROM MULTIPLE FAMILY 5 RESIDENTIAL (R-3) AND RETAIL COMMERCIAL (C-1) TO PLANNED COMMUNITY COMMERCIAL (PC-C) The City Council of the Ctty of Tustln does hereby ordain as follows: 7 I. The City Counctl finds and determines as follows: 8 A. The City Council requested Initiation of a zone change from 9 Retatl Commercial (C-1) and Multtple Family Residential (R-3) to Planned Community Commercial (PC-C) for 811 properties located ]0 tn the project area shown on Exhibit A attached hereto and Incorporated herein by reference, B, That a public .hearing was duly called, noticed and held by the ]2 City Counctl on said application on August 3, 1987. ]3 C. That the Planntng Commission adopted Resolution No. 2414 on July 27, 1987 recommending approval of Zone Change 87-2. D. That a public hearing was duly called, noticed and held by the ]5 CJty Counct1 on said application, ]6 E. That a zone change should be granted for the following reasons: ]? 1. A General Plan Amendment (No. 87-1) has been processed concurrently wtth thts zone change to redestgnate properties ]S shown on Exhtbtt "A" from Multi-Family (MF) and Commercial (C) to Planned Community Commercial (PC-C) on the General 19 Plan Land Use Map. As required by State Law, General Plan and Zone designation must be consistent with each other. 20 The Zone change approved by this resolution maintains general plan to zoning consistancy. 21 2. The intent of the PC-C zone is to allow diversification of 22 development while maintaining continunity in architecture and compatibility of land use. Also the intent of the zone 23 is to provide consolidation of parcels in an effort to discourage Incremental development and to encourage 24 reduction of vehicular access points onto Newport Avenue. 25 3. Individual project continunity and compatibility within the PC-C district will be insured by requiring Conditional Use 26 Permits prior to development. 28 ! Ordinance No. 990 2 Page two 3 4. Certatn lots wtthtn the area have 11mtted accessibility which precludes quality development compatible with a major arterial roa~ay. 6 5. Incremental development of the parcels and absence of a comprehensive development plan is injurious to the publlc ? health, safety and welfare based upon findings in I.C. 1, 2, 3 and 4 of this Ordinance. 8 F. A Negative Declaration has been filed in conformance with the 9 California Environmental Quality Act. 10 II. The City Council of the City of Tusttn hereby adopts Ordinance No. 9gO approving Zone Change No. 87-2 to rezone properties from Multiple 1] Family Residential (R-3) and Retail Commercial (C-i) to Planned Community Commercial (PC-C) for the property in the project area as 12 shown on Exhibit A attached hereto. 14 PASSED ANO AOOPTED at a regular meeting of the Tustin City Council, held on the day of , 198 ]G Richard N. Edgar, 1 ? Mayor 19 Mary E. Wynn, 20 Ct ty Clerk 28 ORDINANCE NO. 990 REZONE PROPERTIES FROM C-1 AND R-3 TO PLANNED COMMUNITY COMMERCIAL (PC-C) ZONE CHANGE 87-2 HOP, TH SP..ALE:. 1,Z16"-IO' -- Inter- Corn DATF_: APRIL 20, 1987 TO: ¥ILLZA# A. RUSTOII, GI'TY' ~OM: . ~~ ~O~ ~U~E~: P~P~ ~RZ~ O~ ~E ~Y SIDE OF ~ORT AVENUE B~ ~ J~ ~D ~ZN ~ ~D ON ~E ~ERLY SIDE OF N~O~ A~E B~N I-5 ~AY ~ M~E~ AVENUE ~~DA~ON: H.O. ~at Uegen~ Ordinance NO.. 983 have first ~ading by ~tle only. H.O. ~at. Urgen~ Ordinance No. 983 be H.O.. ~at U~en~ Oedinan~ No. 983 have second ~adtng by ~tle only. ,0. ~a: Urgen~ Ordinance No. 983 be passed and adop~d. ~e ~ni~ Oevelopmn: Oepar~n: has ~cen:ly been approached by se~e~l pa~tes .~ou: develop~n: of p~pe~ at ~e sou~east corner of Newport Avenue and ~in St~: and p~pee~ along ~e west' side of Newport Avenue be~aeen Ht:che~l Avenue a~ .~e ~-S. f~ay. These are prope~tes ~at sMff feel have develop~n: poOh, al. H~evee, t: is DUe position ~a: limited access and ~affig issues along N~poe: Avenue necesst~te ~a: ~e proper:irs In each s~W a~a be developed as co~eehensive, cohesive projects. ~ese study areas and ~e issues tnvolved a~ dts~ssed sepa~y bel~. i. EAST SIDE OF' NE34PORT AVENUE BEI~EEN MAIN STREET AND SAN JUAN *; Each ol= l~e corner sites has considerable development potential. Each of ~e sites wt:ht~ t~ts study area are zoned CG-Co~rc~al General CG-PUO-~rctal General-Planned Un1: Oevelop~nt.. ~e ~ree lots on the noe~ would p~v~de, a develop~n: s~te of 1.48 acres If combined. The · sou~erly sl~ coleUSes eight lo~ whtch to~l 1.11 acres tf combined. See ~p I for clartft~on. Cu~,: zontng ~ou~d a]l~ tnc~n~ develop~nt of each of the lots wt~n ~e s~dy a~a. A~tbough so~ st:es have optt~m and accesstb~l~, ~e ~s: .eas~rly 1O~ are no: vts~ble or accessible f~oe N~por: ~venue. Should Increment1 development occur, all acces~ and steer visibill~ of ~e easterly lots will be limited to Andrews Street or San ~uan, thereby creating ~ si~ation ~at makes it highly unlikely that ~ese St~s would be developed as co~erctal propoerty despite their turn: zoning. ¢1 ~ Counctl I~epor~ ~ Apr11 · 20. $987 San ~uan and l~a~n Street ~lorttor-lum page two Tus~tn. Plea and a~en~ ~ ~e C~vtc Cen~r ~nd Old T~n, ~e C~ should ~ke ~h~ver s~eps necess~ ~o ensure conso]~d~ed develop~n~ sub~ec~ prape~tes. Zn order ~o encou~ge coh~stve develop~n~ a~a. lnt~a~on of a zone. change on a;1 etgh~ sttes zone ~ange could ~zone all etgh~ st~s ~ PC-Co--role1 develop~,~ plan and Use Pe~t~ prtor ~ construction. $~lar uses alrea~ au~ortzed In ~he C~ zone ~ould be allwed In ~be PC zone. H~ever. ~extb~11~ t, ~xed uses. parking and setback'~qu~re~n~s and s~te design-would be available. ~ts area Is co~sed of eleven ~o~ ~n an area approxl~te~ 3.98 acres t, stze. $tx lo~ wt~n ~e s~dy area. whtch have access directly onto N~po~ Avenue.. a~ zoned C-~ '~e~t~ Co~rclal. ~e ~lnlng five ~ots a~-zoned R-3-~ul~ple. F~I~ Residential. See ~ap 2 for de~ls. ~ lo~ (AI~ Dena Oat~. vac~,~ Temco stta and t~e Headache Trea~ent ~n~r) whtch fa~ N~po~ Avenue have optt~ v~s~b~11~ and accesstb~l~. H~ever. ~e ~e lo~ o. ~e nor~ east corner ~gve ve~ Tl~d access due ~ ~e~r tr~gular 'conf1~rat~on. ~e-~n~ng p~pe~es a~ accessed ~rom ett~er "C" $t~e~ or "B" Street and cu~ent~y con,tn non~onfo~lng ml~tp~e fa~ly houstng unlts~ ~ese units were annexed t,~ Tus~ln from ~e Cou,~ of Orange and do no~ ~et curren~ parkt,g, open space, artificial-and denst~ requt~ets of t~e ~-~ zon~ ng d~ s~t ~. Zn~n~l deve~op~n~ o~ al~ o~ a po~ton, o~ ~e p~ope~es wt~1 ~ave an a~ec~ upon ~e deve~op~n~ o~ ~e p~ope~tes as a who~e. A~ tn ~he c~e .. o~ ~e p~vtous~y discussed s~ a~ea, tnc~e~n~] deve]opmen~ ~ou~d occ~ unde~ ~e ~n~ zontng, fl~eve~, ?nc~n~ deve~open~ suc~ ~s ~e va~n~ Texaco stye ~u~d g~a~y ~duca ~e pos~tb?~i~les ~o~ deve~op~n~ o~ ~e. ~ ~o~ ~ ~e no~h. Zn-o~da~ ~o encourage-co~ehenstve deve~opmen~ o~ cu~n~7 s~tng ~e ~ea~tbt~ o~ a zone change on ~s zone ~ange could tnvo~ve ~zon~ng a~] e~even st~es ~o P~anned Co~nt~ whlc~ ~qu~es a develo~n~ p~an and Ct~y Council. Report Ap~1 20, ~987 ' San ~ua~ and Math Street Moratorium CO~.t~IO~: .~ Depar'ment'-staff are cent~nually con~c~ed by ~n~eres~d par~es ~ho ~tsh '~o develop ~11 ora pa~ of ~e s~dy areas. In order ~o encou~ge co~rehens~ve develop~n~ of ~e stu~ a~as. s~ff would reco~nd ~at t~e Council adopt an lng,tm u,gen~ o,dlnance ~a~ ~uld t~ose a ~lto,lum on ~e p,ocess~ng. approval oe tssuance of a~ butldlng pe,mt~ o~ dtsc~ettona~ acttons wlZh~n ~e s~ a~as unit1 a zone c~ange ~n be enac~d. CA$:LCP:pef At, ac __~e__nts: Map ~ Urgenc~ O,dtnance mo. g83 Andrc~s :St. m ~t side o£ Newport Avenue beckon San Juan and Main St. CG Co~ercial C~neral (no Use-Pe,mi: Required) CC;-PUD Co=merci,tat General-Planned Unit D~velopmen: CUse permi: p~-quired) C-1 R-$ Col Mitchell Ave side of Newport: Aver~ae ': be .~-en Mi.:cheil and I-$ IffY. C~I Re~A1 Co~mercial Zone R-$ F~l~iple Fanfily Residen- tial Zone '- ORDINANCE N.O. 983 AN URGENCY ORDINANCE OF THE Cl~TY COUNCIL OF TUST]:N, CALIFORNIA, DECLARING A MORATORIUM ON PROCESSING, ISSUANCE.' OF PEP.MITS OR APPROVALS OF ANY KIND FOR OEVELOPHENT PROJECTS OF PROPERT]:ES GENERALLY LOCATED ON THE EJ~'T SIDE OF NEWPORT AVENUE BE"FNEEN SAN dOAN -- AND ]~AIN STREET AND ON THE NEST SIDE OF NEWPORT AVENUE BE'I~EEIf THE I-$ FRE~AY. AND MITCHELL AVENUE . The Ct~:y Council of 'the City of Tus~n, C~11fornla, does or'daln as I, The Ctt~ Counctl find~ and determines as follows: A. The Communi~/ Development Oepa~'tment fs currently in the of s~a~dying ~,~e feasibility of 'a Zone .Change 1:o require a developmenl: plan and Conditional Usa Permit for development: propers:les on ~e eas~l~ side of' Newpo~= Avenue baleen San Juan and Hath S~ee~ as sh~n. on Exhibits A and B a~ached B. Ce~n '1o~ ~1~tn ~e a~ea have 11mt~ed accesstb~ p~cludes qualiW., developmen~ co~a~ible with a ~or C. Inane1' develop~n~ o~ ~e pa~cel~ and absence oT ~rehefls~ve deve~op~n~ plan ~s ~n~urtous' to t~e public heal~, safe~ and ~fa~. D. ~e Co~n~W Deve]op~nt Oepar~ent ~s conducting and con, hue to conduc~ a s~udy of ~e need for ~n ordinance ~dastgna~ ~e zoning designation on ~e p~oper~les as s~o~n Exhtb~ts.A and B a~ched ~e C~ W Counc~ 1 hereby dec1 a~es a more ~or~ um on p~ocess~ng, ~ssuanca of pe~t~ or approvals Of any ktnd for develop~nC p~ec~ sh~n on ExhtbtCs A and 8 pend(ng co~le~ion of ~e* s~ ~nd ~epo~ of ~e Planning Co~ss~on and Co~un~y Oevelop~nC Oepa~n~ and action ~ereon ~y the CiW Council. ~r~um declared hereby shall ex,nd for a per~od of 45 days -~e da~e o~ ~dop~on of ~1s o~dtnance, unless du~y ex~anded Ordinance ~1o. 983 - 2 Page ~o 3 %1:]:.Th~s or~tnance ts adopted to protac~ the' pu511c heal~, safe~y ~ ~elf~ and ts ~dop~d ~s an urgen~ ~asure by ~ four-ftf~ (4/5) vo~' pursuant to ~e' provisions of ;ec~ton G ;ove~n~..C~de and shall ~ke effec~ t~ed~a~ely. ~e urgency based on ~e fact ~at ~e Ct~ Council hereby ftnds ~t ;he T cons~c~1on of pro~ec~ on ~e sub~ec~ proper~ prior ~o comple~on of ~e s~dy would ~ave an adverse ef~ec~ on o~e~ developmen~ 8 uses and.upon ~e p~ope~ planntng of ~e Ct~ o~ Tus~ln. ~PASSED AgO ~OP~O a~ ~ ~la~ mee~ng of ~e C~ Council Tus~n held on ~e day of , ~0 ~2 ~3 Rlchard B. Edgar, ~ayor 2~ 2~ 2T NOR'~I NOT TO 983) .~:ORTH NOT TO SCALE 1 2 3 O~]~ANCE ~o. AN' URGENCY ORDZNANC£ OF T~E CZTY C(~UHCZL OF ~STZR, -. CALZFORNZA, E~NDZNG ~E HORATORZUH ON PROCESSZNG, ZSSUANCE 'OF PE~ZTS OR APPROVALS OF AXY KZHD FOR '6 DEVELOPHE~ PRO~E~S OF PROPERTZ~S G~ERALLY LOCA~D ON ~E ~ SZDE O~ NEgP6RT AVEXUE B~EX SAN 7 AND ~ZN ~E~ AND ON ~E NE~ SZDE OF NEHPORT AVEXUE 8~EN ~E Z-5 ~EE~AY AHD HZTCHELL AVENUE AS ~ PR~ZOUSLY ADOP~D *~Y ORDZ~AXCE NO. 983. 9 , 10 ~e CtW Count1 of ~e CfW of Tust4n, Callfornla, does o~afn as fo11~s: 11 t. The Ct~ Count1 ftn~ and de~nes as foll~s: 12 x. ~e Co~nt~ Developmnt Depa~t Js ~rrently In ~e process of ~ng ~e feastbt11~ of a zone change to .reautre a ]3 develop~nt plan and Condt~onal Use Pe~t for develop~nt of p~pe~es on the eas~ly stde of N~port Avenue be~een San 14 ~uan and Hath S~t a~d on ~e ~esterly stde of Nwpo~ Avenue ~n ~e Z-6 f~ay and H~tchell Avenue as sh~n on 15 A and B a~ched he,to. 16 B. Ca,tn 1o~ w~tn ~e a~a have 11~ted access~bt11~ p~c~udes qualt~ develop~nt co~a~b~e w4~h a ~Jor 1~ ~a~ay. 18 C. Znc~fl~l develop~n~ of the parcels and absence of ~hensJve develop~nt plan ts tn~ur4ous- to the pub~Tc ~9 heal~, safe~ and ~e]fare. '20 D. The Co~nt~ Oeve]op~nt Oepar~nt ts conducing and ~n~nue ~ conduct a s~ of ~e need for an O~dtnance ~destgna~ ~e zontng des~gflatton on ~e p~oper~es as sh~n 2] [xhtbt~ A and 8 at~ched he~to. ~ ZZ'. The CIW *Count1 he.by extends ~e decla~d ~ra~or~um on ~he p~cess~ng, tssuance of pe~ or approvals of any k~nd ~ * develop~nC p~ec~ sh~n on Exh~bt~ ~ and B pendfng co~et~on* ~e s~dy and ~po~ of ~e Planntng Co~ss~on and Co~n~ Develop~nt Depa~n~ and ac~ton ~hereon by ~e C~ Council. The ~rator~um declared hereby sha~ extend fo~ a per~od of up ~o ~ (ZO) ~n~s and ftf~en (16) days *f~om the da~e of adoption of Ordinance, un]ess duly ex.haled or ~r~na~ed. 26 27 2 Ordinance Ho. 986 Page 5, '6 III. Thts Ordinance ~s adopted ~o protect the public health, safe~ and 7 wel'~a.~ and vo~e pu~suan~ ~ ~he provts~.ons o~ Section SSSS8 o~ ~e California ~ Go~mn~ Code and shall ~ke effect t~dtately. The urgen~ based on ~e ~act that the C~ Council hereb~ f~nds tha~ ~he 9 cons~c~on of pro~ec~ on ~e sub~ec~ proper~ prior to co,let!on of ~e s~ vould have an adveesa effec~ on o~er developmn~ and ~0 uses and upon the prope~ planning of ~e C~ of. TusCan and to the pUblic's gene~l health, safe~ and ~elfare. P~SED AND ADOP~ ]2 TusCan held on ~ day of , ~987.. Rtchard B. Edgar, ~ayor - ~8 20 2~ HaW E. ~ynn; Ct~ A~ch~n~s:Exh~b~ A Exhibit B 26 27 2~ No. 986) ~OT TO SCAL£ ENVIRON"",&NTAL CHECKLIST . CIl~/ OF TUSTIN COMMUNITY DEVELOPHENT DEPARTMENT 300 Centennial Way Tustin, CA 92680 A. BACKGROUND 1. Project sponsor/project proponent CITY OF ~JSTIN Ad_drAs_s and phone number 3oo CEaz~i~J~ WAY TUSTIN, CA ~2680 544-~,~u Contact LAURA PICKUP, ASSOCIATE PLANNER Z. Lead Agency CITY OF TUSTIN, COMMUNITY DEVELOPMENT DEPARTMENT 3. Person completing checklist LAURA PICKUP, ASSOCIATE PLANNER B. PROJECT DESCRIPTION 1. Name of project ¢~EP. AL PLAN AMENDMENT 87-1 Brief description of project proposal LAND USE DESIGNATION CHANGE ON PROPERTIES IN THE COMMERICIAL (C) LANO USE DESIGNATION AND THE MULTI-FAMILY (M.F) DESIGNATION TO PLANNED' COMMUNITY COMMERCIAL (PCC) FOR PROPERTIES GENERALLY LOCJkT~D ON TMg WEST SIDE OF NEWPORT AVENUE BETWEEN THE FREEWAY AND MITCHELL AVENUE IN THE CITY OF TUSTIN. (THIS PROJECT IS CONCURRENT WITH ZONE CHANGE NO. 87-2 FOR THE SAME STUDY AREA.) SEE ATTACHED EXHIBIT A ENVIRONMENTAL CHECKLIST C, ENVIRONMENTAL IMPACTS (Explanations of all "yes" end "maybe" answers are required on attached sheets.) Yes Maybe 1. Earth. Will the proposal result in: ** .a. Unstable earth conditions or in changes in geologic st~bstructures? b. Disruptions, displacements, compaction or overcovering of the soil? ' c. Change in.topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e.Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earth- quakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? 13. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? 3. Water. Will the proposal result in: a. Changes in currants, or the course of direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to 'temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related h~:,~rds such as flooding or tidal waves? 4. Plant Ufa. Will the propOsal result in: a. C~iange in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique rare or endangered species of plants? .,. C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? Environmental Checklis' ENVIRONMENTAL CHECKLIST Yes Maybe 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals. (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? 13. Reduction of the numbers of any unique, rare or endangered " species of animals? C. Introduction of new species of animals into an area, or result in a barrier to the migralion or movement of animals? d. Deterioration to existing fish or wildlife habitat? 6. Noise. Will the proposal result in: s- Increases in existing noise levels? b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce new light or glare? 8. Land Uae. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: s- Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Ul~et. Will the proposal involve: a. A risk of an explosion or the release of hazardous sul~tances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for acldltional housing? · 13. Transportation/Circulation. Will the proposal result in: s- Generation of substantial additional vehicular movement? b. E~fects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to weterbome, rail or air traffic? f. Increase in traffic hazards to motor vehicle.% bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require t~e development o! new sources of energy? ENVIRONMENTAL CHECKLIST Yee Maybe No 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? X 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health?) 13. Exposure of peol~le to potential health hazards? 18. Aesthetics, Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation*. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities.? X 20. C~itural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? 13. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X c. Does the proposal have.the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self raining levels, threaten to eliminate a plant or animal community, reduce the.number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Doe~ the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while Iong-larm impacts will endure well into the future.) X c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ENVIRONMENTAL CHECKLIST D. DISCUSSION OF ENVIRONMENTAL EVALUATION SEE ATTACHED EXHIBIT AND DISCUSSION On the basis of this initial evaluation: I find that the proposed project Could Not have a significant effect on the environment, and a Negative Declaration will be prepared. ~ ~ind that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Negative Declaration Will Be Prepared. 1-1 I find the proposed project May have a significant effect on//the envirop~nent,~, ~an Environ- Date ~-~'g~iture L~U~[CKU~ ~ O~IATE PLANNER For CHRISTINE SHINGL~TO~, DIRECTOR OF COt~[UNITY DEVELOPMENT, CITY OF TUSTIN COMMENTS FOR INITIAL STUDY ' 'GENERAL PLAN AMENDMENTNO. 87-1 AND ZONE CHANGE 87-2 In discussing the envlronmenta~ impacts of the proposed projects, all comments on the initial study ques:ions were answered "NO" except for Section No. 8 regarding .Land Use. The project is proposed to chanse the Land Use and Zoning designations on the Zoning and General Plan maps to Planned ~ommuniCy Commercial. Although a change in the actual land use will not immediately occur with this proJec:,~ it will make it possible for t-he land use to be change to commercial at some point in the future. The General Plmn and Zone Change project will not have any environmental impacts until the properties are developed in accordance with the General Plan and Zone Change being proposed. At the time a project is being proposed for development, the environmental impacts of the development will be assessed at that time. This will include an initial study an4 follow-up environmental documents as necessary for the project proposed. In addition, a majority of the parcels considered in this project are already zoned used and designated in the General Plan for commercial use. This creates a situation whereby environmental impacts are expected to occur unless an expansion or introduction of . new land use occurs in the future. These impacts will be considered at the time that a project is proposed. The change from a residential to commercial land use and zoning designation would allow the existing residential apartments to continue their current use without complication. The apartments on the residential property will become existing, non-conforming land uses and will be allowed to continue until over 50~ of the value of the structures needs to be replaced or if the use on the property is vacated for a period over six months in duration. Should either of these instances occur, the use on the property will have to be brought into a commercial use which conforms to the zoning. In terms of a future project and its impacts, the traffic, land use and architectural com- patibility issues will be addressed by the zoning requirements. Any proposed project for the area must be approved through a Conditional ~se Permit. This will require approval by the Planning Commission in a public hearing format. This will require notification of the surrounding property owners and they will be notified for their comment. Any possible i-mDact of a future development project would be identified and discussed for mitigation that time. It is difficult to assess future environmental impact without a specific development plan, however, a seperate environmental assessment will be made at the time the project is pro- ~ed. The zoning and general plan change will require lot consolidation and reduction traffic, accessibility and visual impacts of any proposed project. Therefore, any future impacts and the requirements ~o reduce any future traffic, visibility and architec~- ural compatibility problems will be handeled at the time that a project is processed. NORTH -' NOT TO SCALE 1 - RESOLUTION NO. 2411 2 A RESOLUTION OF THE PLANNING COMMISSION OF T~E 3 CITY OF TUSTIN, ESTABLISHING GUIDELINES FOR REVIEW OF CONOITIONAL USE PERMIT APPLICATIONS 4 AND PROPOSED DEVELOPMENT PLANS ON PROPERTIES LOCATED IN THE PLANNED COMMUNITY COMMERCIAL 5 DISTRICT The Planntng Comdsslon' of the City of Tusttn does hereby resolve as ? follows: 8 I. The Planning Commission ftnds and determines as follows: 9 A. In order to protect the public health, safety and welfare, the Planntng Commission should constder the following guidelines ]0 when reviewing Conditional Use Permtt applications and proposed development plans on properties located tn the City of Tusttn's ]1. Planned Community Commercial District: ]2 1. Consolidation of lots shall be encouraged wherever feastble to ensure that contiguous properties wtth the same zoning ]3 designation are considered tn a comprehensive rather than tn an Incremental manner. 2. Revtew of Conditional Use Permtt applications and 15 development plans for parcels tn the Planned Community Commercial 01strtct shall constder tmpacts on adjacent 16 properties, and properties tn the vicinity, tn that the Planned Community Commercial dtstrtct tntends to promote the ].? following goals and objectives: ]8 a. The best use of property wtthtn the Planned Community Commercial dtstrtct ts development approaching maximum ]9 development potential; 9.0 b. To prommete a consistent quallty of development throughout the Planned Country Commercial district; 2] c. To provtde compatible land uses whtch do not Interfere or create health, safety or moral problems for an 2~ adjacent use; 23 . d. To ensure efficient parcel sizes and conftgurettons for development plans approved tn the Planned 2~ Communt ty Commorc.tal dt strt ct; 25 e. To require development plans which tncorporete a combination of standards and incentives which wtll 26 stimulate quallty development; 27 f. To promote lot consolidation tn order to mtntmlze tra. ff. tc. congesl;ton t. hroug~ .use of combined access 28 points tot ~evelopmen: pro3ects; ] Resolution ~1o. 2411 2 page two g. To ensure that development projects tn the Planned 5 Community Commercial Otstrtct promote maxtmum visibility and accessibility of all parcels tn the 6 same district. Impacts to properties adjacent to and tn the vtclntty of property betng considered should be ? .reviewed tn that tncrementel development of properties tn the Planned Community Commercial Dlstrlct may $ render contiguous properties undevelopable for commercial use. h. Ensure. that projects proposed for properties wtthtn ]0 the Planned Community Commercial Dtstrtct Incorporate, wherever possible, uses whtch generate general fund ]] revenue to the Ctty In conformance wtthtn the land use element of the General Plan whtch ts to promote an ]2 economtcal ly be] anced community. 13 B. That the estab]tshment of these guidelines ts necessary to protect the property and Improvements tn the neighborhoods ]4 surrounding or located tn the Planned 'Community Commercial Dtstrtcte and the general welfare of the Ctty of Tusttn. C. These guidelines are tn accordance wtth the South Central and ]6 To~n Center Redevelopment Plans. 17 D. Should a development plan for a project wtthtn the Planned Commercial dtstrtct fatl to meet any of the aforementioned ]8 guidelines, thts shall provide a basis for Planntng Commission dental of the Use Permlt requtred for approval of the ]9 development plan. 20 2] PASSED AND ADOPTED at a regula]ula~ee;~.ngmeettng of the Tus, ttn Plannlng Commission, held on the~day of ~ 198 7' 22 24 Ka Idel 1 2§ Chat rman 27 rennl Foley,- 28 [ecordtng Secretary RESOLUTION NO. 2413 A RESOLUTION OF THE PLANNING COt~qISSION OF THE 2 CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE LAND USE ELEMENT OF 3 THE GENERAL PLAN (GENERAL PLAN AMENDMENT 87-1) FOR PROPERTIES GENERALLY LOCATED ON THE EAST 4 SIDE OF 'B' STREET SOUTH OF THE I-5 FREEWAY FROM (M-F) MULTI-FAMILY AND (C) COMMERCIAL TO 5 (PCC) PLANNED COMMUNITY CO~qERCIAL. 6 The Planning Commission of the City of Tusttn does hereby ~esolve as ? follows: 8 I. The Planning Commission ftnds and detormtnes as follows: 9 A. Sectton 65356.1 of the Government Code of the State of California provides that when tt ts deemed to be tn the publtc ]0 .Interest, the legislative body may amend a part of the General Plan. B. That in accordance with Sectton 65356 of the Government Code of ]2 the State of California, a publlc heartng was duly called, noticed and held 'on the application of the Ctty of Tusttn to 1_3 reclassify the land use of properties shown on Exhlbtt A attached hereto an Incorporated herein by mference. C. That a Negative Declaretton has been prepared tn accordance wtth !5 the requirements of the California Environmental Quality Act and ts hereby recommended for adoption. D. That a change In classification would be Jn the public tnterest ]? and not detrimental to the welfare of the public or the surrounding property owners tn that this amendment wtl1 permtt 1_8. Implementation of a zone designation that wtll promote comprehensive and compatible development tn the area by requiring an approved development plan prtor to tssuance of new 1_9 construction pemtts. 20 II. The Planning Commission hereby recommends to the C~ty Council that 2] General Plan Amendment 87-1 be adopted, amendtng the Land Use Element for the area as shown in Exhtbtt A attached hereto from (MF) Multi-Family and (C) Commercial to (PCC) Planned Community 22 Commercial. 23 PASSED-. AND ADOPTE~) at a ~egul~j- meeting of the Tusttn Planntng Commission, 24 held on the.~_~day of ~ , 1982 . 26, ' Kathy Well ' Chatrman 27 Recordtng Secretary 1 RESOLUTION NO. 2412 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF TUSTIN, RECOMMENDING ZONE CHANGE 87-1 TO REZONE PROPERTIES GENERALLY LOCATED EAST OF 4 NEWPORT AVENUE BETWEEN MAIN STREET AND SAN JUAN FROM (CG) COMMERCIAL GENERAL AND CG-PUD 5 COMMERCIAL GENERAL-PLANNED UNIT DEVELOPMENT TO (PC-C) PLANNED COMMUNITY COMMERCIAL 6 ? The Planning Commission of the City of Tusttn does hereby resolve as follows: 8 I.. The Planning Commission ftnds and determines as follows: A. City Council requested initiation of a Ctty of Tusttn Zone 10 Change from CG and CG-PUD to PC-Commercial for all properties in the project area as shown on Exhibit A attached hereto and 11 incorporated herein by reference. 12 B. That a public hearing duly called, noticed and held on said application. 13 C.. That a zone change should be granted for the following reasons: 1. The commercial land use designation is in conformance with 15 the Tustin Area General Plan. 16 2. The intent of the PC-C zone is to allow diversification of development while m~lntatntng conttnunity in architecture and compatibility of land use. Also the intent of the zone 17 is to provide consolidation of parcels in an effort to discourage incremental development and to encourage 18 reduction of vehicular access points onto Newport Avenue. 19 3. Individual project conttnunity and Compatibility within the PC-C district will be insured by requiring Conditional Use 20 Permits prior to development. 21 4. Certain lots within the area have limited accessibility which precludes quality developmnt compatible with a major 22 arterial roadway. 23 5. Incremental development of the parcels and absence of a comprehensive development plan is injurious to the public 24 health, safety and welfare based upon findings in Sections I.C. 1, 2, 3 and 4 of this resolution. 25 26 27 28 Resolution No. 2412 2 page two 3 4 !:[. The Planntng Commission hereby recommends to the Ctty Counctl approval of Zone Change ~lo.. 87-1 from (CG) Commercial General and 5 (CG-PUD) Commercial General-Planned Untt Developmen~ to Planned Community Commercial (PC-C) for the properties tn the pro,iect, area 6 shown on Exhtbtt A attached hereto. 7 8 PASSED AND ADDPTED. at a regulaJ~ meeting of the Tusttn Planntng Commission, cj held on the ~ day of :~~~, 198~. 10 12 Chatrman 17 18 10 ~0 ~5 RESOLUTION NO. 2414 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF TUSTIN, RECOMMENDING ZONE CHANGE 87-2 TO REZONE PROPERTIES GENERALLY LOCATED WEST OF ,~ NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE FROM MULTIPLE FAMILY 5 RESIDENTIAL ER-3) AND RETAIL COMMERCIAL (C-1) TO PLANNED COMMUNITY COMMERCIAL (PC-C) 6 The Planning Commission of the City of Tusttn does hereby resolve as ? follows: *8 I. The Planning Commission finds and determines as follows: 9 A. The City Council requested initiation of a zone change from Retail Commercial (C-1) and Multiple Family Residential ER-3) to 10 Planned Community Commercial (PC-C) for all properties located in the project area shown on Exhibit A attached hereto and 11 incorporated herein by reference. 12 B. That a public hearing was duly called, noticed and held on said application. 13 C. That a zone change should be granted for the following reasons: 14 1. A General Plan Amendment (No. 87-1) has been processed concurrently with this zone change to redestgnate properties 15 shown on Exhibit "A" from Multi-Family iMF) and Commercial (C) to Planned Community Commercial (PCC) on the General 16 Plan Land Use Map. As required by State Law, General Plan and Zone designation must be consistent with each other. 17 The Zone change approved by thts resolution maintains 18 general plan to zoning conststancy. 2. The intent of the PC-C zone is to allow diversification of 19 development while maintaining conttnuntty in architecture and compatibility of land use. Also the intent of the zone P.O is to provide consolidation of parcels in an effort to dt Scourage t ncremehtal development and to encourage 21 reduction of vehicular access points onto Newport Avenue'. 22 3. Individual project conttnunity and compatibility within the PC-C district will be insured by requiring Conditional Use 23 Per;its prior to development. 26 27 25 Resolution No. 2414 Page two _ ~. 4. Certain lots wtthtn the area have 1trotted accessibility whtch precludes quallty developmen~ compatible ~tth a m~jor 5 at,efta1 ro~ay. 6 5. ]ncre~n~l develop~nt of the parcels and absence of a co~rehenstve develop~nt plan ts tn~urtous to ~e publlc- 7 health, safe~ and ~elfare based upon ftndtngs tn ~.C. 1, 2, 3 and 4 of thts ~solutton. 8 D. A ~egattve Declaration has been ftled tn conformnce ~tth ~e 9 ~11fornt.a Environing1 Quallty Act. 10 [~. ~e Planntng Co~tsston hereby reco~nds to the Ctty Counctl approval of Zone Change go. 87-2 from ~ulttple Famtly Residential 1] (R-3) and Re~t1 ~ctal (C-l) to Planned Com~ntty Co~ctal (PC-C) for the property tn the proJec~d area sh~n on Exhtbtt A ]2 at~ched hereto. ]3 ~gul~ of Tusttn Planning Co~tsston, ]~ .PASSEDheld onANDthe~dayADOPTED' at a of~~ettng the , 198~.__ 17 Chatr~n 10 ~0 21 25 27 28 SS,~E :. .-11_16".=10 ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) C%TY OF TUST%N ) T, PENN! FOLEY, ~he undersigned, hereby certtfy Set ! am the Rec.ordtng Secret~ry of the P~nn4~j Co~ss4on o~ ~e *Ct~ of Tus~tn, ~]tfornta, ~hat Resolution No. ~ ~as ~ly passed ~d~pp~d ~ a ~gular ~ettng of the~sttn Plant, on, held on the ~ay of ~, 1 2 9 RE~OLUTION NO. 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN 5 AMENDMENT 87-1 AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FOR PROPERTIES GENERALLY LOCATED 6 ON THE EAST SIOE OF 'B' STREET SOUTH OF THE I-5 FREEWAY FROM (MF) MULTI-FAMILY AND (C) COMMERCIAL ? TO (PC-C) PLANNED COMMUNIT~ COMMERCIAL. 8 The City Counctl of the City of Tusttn does hereby resolve as follows: I. The City Council finds and determines as follows: lO A. That a public hearing was duly called, noticed and held by the ]! City Counct1 on August 3, 1987. 12 B. That the Planntng Commission adopted Resolution No. 24i3 on July 27, 1987 recommending tO the City Council approval of General ]$ Plan Amendment 87-1 . 14 C. Section 65356.1 of the Government Code of the State of California provides that when it is deemed to be in the public 15 interest, the legislative body may amend a part of the General Plan. 1G O. That in accordance with Section 65356 of the Government Code of 17 the State of California, a public hearing was duly called, noticed and held on the application of the City of Tusttn to 18 reclassify the land use of properties shown on Exhibit A attached hereto an incorporated herein by reference. 19 E. That a Negative Oeclaration has been prepared in accordance with 20 the requirements of the California Environmental Quality Act and is hereby adopted. 21 F. That a. change in classification would be in the public interest ~2 and not detrimental to the welfare of the public or the surrounding property owners in that this amendment will permit implementation of a zone designation that will promote 23 comprehensive and compatible development in the area by requiring an approved development plan prior to issuance of new 24 construction permits. 28 Resolution No. 87-87 1_ Page two TI:. The Tustin City Council hereby approves Resolution No 87-87, General Plan Amendment No. 87-1 amending the Land Use Element for the area as shown tn Exhtbtt A attached hereto from (MF) Multi-Family and (C) Commercial :o (PC-C) Planned Community Commercial. PASSEO AND AOOPTED at a regular meeting of the Tusttn City Council, held on the day of , 198.~. ? 8 Richard B. Edgar 9 Mayor 10 Mary E. Wynn, 11 City Clerk 12 13 1'5 lO l? 18 19 2O 21 22 23 25 20 27 28 EXIIIBIT "A" RESOLUTION NO. 87-87 REDESIGNATE PROPERTIES FROM MM AND C TO PC-EJ,~,AI~NED COMMIINITY COMMERCIAL · ON THE GENERAL PLAN EAND USE MAP. GENERAL PLAN AMEND~NT NO. 87-1 ~~... ®. ORDINANCE NO. g8g 2 AN ORDINANCE OF THE CITY COUNCIL OF THE 3 CITY OF TUSTIN, APPROVING ZONE CHANGE 87-1 TO REZONE PROPERTIES GENERALLY 4 LOCATED EAST OF NEWPORT AVENUE BETWEEN MAIN STREET AND SAN JUAN FROM (CG) 5 'COMMERCIAL GENERAL AND (CG:PUD) COMMERCIAL GENERAL-PLANNED UNIT 6 DEVELOPMENT TO (PC-C) PLANNED COMMUNITY COMMERCIAL. ? 8 The City Council of the City of Tustin does hereby ordain as follows: 9 I. The City Council finds and determines as follows: 10 A. That the City Council requested initiation of a City of Tustin Zone Change from CG and CG-PUD to PC-Commercial for all 1] properties in the project area as shown on Exhibit A attached hereto and incorporated herein by reference. 12 B. That a public hearing was duly called, noticed and held by the 13 City Council on said application on August 3, 1987. 14 C. That the Planning Commission adopted Resolution No. 2412 on July 27, 1987 recommending approval of Zone Change 87-1. D. That a public hearing was duly called held and noticed by the ]G City Council on said application. 17 E. That a zone change should be granted for the following reasons: 18 1. The commercial land use designation is in conformance with the Tusttn Area General Plan. 19 2. The intent of the PC-C zone is to allow diversification of 20 development while maintaining conttnunity in architecture and compatibility of land use. Also the intent of the zone is to provide consolidation of parcels in an effort to 21 discourage incremental development and to encourage reduction of vehicular access points onto Newport Avenue. 23 3. Individual project conttnuntty and compatibility within the PC-C district will be insured by requiring Conditional Use 24 Permits prior to development. 25 26 ! Ordinance No, 989 2 Page two 3 4 4. Certain lots wtthtn the area have 11mtted accessibility whtch precludes quality development compatible wtth a major 5 arterial roao~ay. 6 5. Incremental development of the parcels and absence of a comprehensive development plan is Injurious to. the publlc health, safety and welfare based upon findings in Sections ? I.C. 1, 2, 3 and 4 of this Ordinance. 8 II. The Tustin City Council hereby approves Ordinance No. gSg approving Zone Change No. 87-! from (CG) Commercial General and (CG-PUD) 9 Commercial General-Planned Unit Development to Planned Community Commercial (PC-C) for the properties in the project area shown on 10 Exhibit A attached hereto. 11 12 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the day of , 198 13 Richard B. Edgar, 16 Mayor 17 18 19 Mary E. Wynn, City Clerk -~0 21 EXHIBIT"A" ORDINANCE NO. 989 REZONE PROPERTIES FRQM CG AND CG-PUD TO P'C-C: PLANNED COM- MUNITY COMMERCIAL ZONE C~LA. NGE NO. 87-1 SCLLE = 1"-200'