HomeMy WebLinkAbout06-G (ORD 1472 (ZONING CHANGE))ATTACHMENT G
Ordinance No. 1472
(Zone Change)
DRAFT ORDINANCE 1472
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING ZONE CHANGE 2016-001, AMENDING
THE ZONING DESIGNATION FROM PLANNED INDUSTRIAL
(PM) TO PLANNED COMMUNITY (PC) TO ACCOMMODATE
THE CONSTRUCTION OF A ONE -HUNDRED FORTY (140)
UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 320-438
WEST SIXTH STREET AND 620 -694 SOUTH B STREET
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows
A. That a proper application has been submitted to the City of Tustin by
Intracorp SoCal-1 LLC to change the zoning designation from Planned
Industrial (PM) to Planned Community (PC) to accommodate the
construction of a 140 -unit residential condominium project located at 320-
438 W. Sixth and 620-694 S. B Street with common and private open
space including a recreation center, swimming pool and paseos, and a
privately owned and maintained public park, on an approximately 6.81
acre site located at 320-438 W. Sixth Street and 620-694 S. B Street.
B. That a public hearing was duly called, noticed and held on said application on
September 27, 2016, by the Planning Commission. Following the public
hearing, the Planning Commission adopted Resolution 4328 recommending
the Tustin City Council approve Zone Change (ZC) 2016-001 by adopting
Ordinance No. 1472.
C. That a public hearing was duly called, noticed, and held on said application on
October 18, 2016, by the City Council. At the request of the applicant, the City
Council continued the public hearing to November 15, 2016.
D That the proposed amendment to the zoning district is in the best interest of
the public in that it increases the diversity in available housing for existing and
new residents in the City of Tustin.
E. That the proposed zone change is consistent with General Plan Amendment
2016-01 and the policies of the General Plan, as evidenced by the following
findings:
1. That the project is adjacent to other residential uses, particularly single
family dwellings across W. Sixth Street.
2. That residential uses are more beneficial to adjacent single family
dwellings than the current industrial uses.
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3. That the Fiscal Impact Analysis prepared for the project determined that
the project will have a positive outcome for the City.
4. That the Planning Commission has considered General Plan
Amendment 2016-01 and recommended that the City Council approve
the request to change the General Plan Land Use Designation from
Industrial (1) to Planned Community (PC).
5. That the proposed zone change is consistent with the General Plan in
that the Planned Community zoning district provides for a multi -family
development to meet regional housing needs and is consistent with the
following goal and policies of the General Plan Land Use Element:
Goal 1: Provide for a well-balanced land use pattern that
accommodates existing and future needs for housing, commercial
and industrial land, open space and community facilities and services,
while maintaining a healthy, diversified economy adequate to provide
future City services.
Policy 1.1: Permit compatible multi -family development to meet
regional housing needs where best suited from a standpoint of current
development, accessibility, transportation and public facilities.
Policy 1.7: As part of the City's attraction to business and industry,
provide adequate sites to house future employees.
Policy 1.11: Where feasible, increase the amount and network of
public and private open space and recreational facilities which will be
adequate in size and location to be usable for active or passive
recreation as well as for visual relief.
Policy 2.2: Maintain consistency between the Land Use Element,
Zoning Ordinances and other City ordinances, regulations and
standards.
Policy 5.8: Improve edge conditions and buffers between older
residential neighborhoods and adjacent freeway edges.
Policy 6.2: Encourage and promote high quality design and physical
appearance in all development projects.
Policy 6.11: Encourage the establishment of unique identity in the
City's neighborhoods.
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Policy 8.7: To ensure an orderly extension of essential services and
facilities, and preservation of a free-flowing circulation system,
continue to require provision of essential facilities and services at the
developer's expense where these systems do not exist or are not
already part of the City's financed capital improvement program.
Policy 10.3 Encourage outdoor pedestrian spaces, such as
courtyards, arcades and open landscaped passages, to be integrated
into new development.
F. That the proposed project is consistent with the Planned Community land use
designation which allows for a diversification in the relationships of various
densities, building and open spaces and provides for development of low,
medium and high density residential development within a wide range of living
accommodations.
G. That the Vintage Planned Community District Regulations is attached
hereto as Exhibit B. The Vintage Planned Community Regulations define
development standards applicable to the project site.
H. That an Initial Study was prepared to evaluate the potential environmental
impacts associated with Zone Change 2016-001 that concluded, with
mitigation measures, potential significant impacts can be reduced to a
level of insignificance and a Mitigated Negative Declaration (MND) was
prepared;
SECTION 2: That the City Council hereby adopts Ordinance 1472 approving Zone Change
2016-001, amending the Zoning designation from Planned Industrial (PM) to
Planned Community (PC) zoning district, as identified in Exhibit A attached
hereto.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Tustin hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on
the 15th day of November, 2016.
JOHN NIELSEN
Mayor
ATTEST:
ERICA N. RABE
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is 5; that the above and foregoing Ordinance No. 1472 was duly and
regularly introduced at a regular meeting of the Tustin City Council, held on the 15th day
of November, 2016 and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the day of , 2016 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCIL MEMBER ABSENT:
ERICA N. RABE
City Clerk