Loading...
HomeMy WebLinkAboutCC RES 04-46 RESOLUTION NO. 04-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DETERMINING THAT LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED DISPOSITION OF PROPERTY AT THE NORTHWEST CORNER OF MAIN STREET AND PROSPECT AVENUE CONFORMS WITH THE TUSTIN GENERAL PLAN The City Council does hereby resolve as follows: I. The City Council finds and determines as follows: A. That the Tustin Community Redevelopment Agency proposes to dispose of the property at the northwest corner of Main Street and Prospect Avenue, pursuant to a Disposition and Development Agreement between the Tustin Community Redevelopment Agency and Prospect Village LP, a California Limited Partnership (fonnerly known as Pelican Center, LLC) for the Proposed Village Project. B. That California Government Code Section 65402 (c) provides that no real property shall be disposed until the location, purpose, and extent of the project has been reported upon by the local planning agency as to the conformity with the applicable, adopted General Plan. C. That on April 26, 2004, the Planning Commission, acting as the planning agency for the City of Tustin, found the disposition of property to be in conformance with the Tustin General Plan and on May 3, 2004, the City Council appealed the Planning Commission's decision to the City Council. D. That on May 17, 2003, the City Council considered whether the location, purpose, and extent of the disposition of property conforms with the applicable, adopted General Plan. E. The Prospect Village Project is consistent with the Tustin General Plan in that the "Old Town Commercial" land use designation, where the project is located, provides for the development of a variety of retail, professional offices and service-oriented uses, including residential uses, which are allowed at the discretion of the City. This land use designation provides for the adoption of a Planned Community district and district regulations to govern the location, land use type, density and building intensity standards to ensure compatibility of land uses in the vicinity and within a development. The proposed "Planned Community (P-C) zoning district and the "Prospect Village Planned Community District Regulations" would provide for a maximum building intensity (floor area ratio) of 1.0:1.28 within Planning Area A (commercial portion). Although the General Plan suggests a maximum floor area ratio of 1.0:1, the Planned Community district regulations are intended to regulate building intensity. This floor area ratio is generally consistent with many of the two-story buildings in Old Town and is appropriate for the site and the type of development Resolution No. 04-46 Page 1 of 5 F. envisioned by the Old Town Commerciai land use designation. The live/work portion of the project will have a residential density of 16 dwelling units per acre, which corresponds to the lower end of the high density residential land use designation range of 15 dwelling units to 25 dwelling units per net acre. The Old Town Commercial land use designation provides for a range of residential densities by allowing a population density range of 2 to 54 persons per acre. Using an average of 2.24 persons per dwelling unit assumed for the high density residential range, the Planned Community District Regulations would provide for approximately 27 persons on approximately three-quarters of an acre (or 34 persons per acre) and is within the density range anticipated by the General Plan. The proposed disposition of property supports and is consistent with the Tustin General Plan. The Land Use Element includes the City's goals and policies for the long-term growth, development, and revitalization of Tustin. Based on the summary of issues, needs, opportunities, and constraints described in the Tustin Land Use Element, ten goals are identified which include the following: 1. 2. 3. 4. 5. 6. Achieve balanced development. Ensure that compatible and complementary development occurs. Revitalize older commercial, industrial, and residential development. Improve City-wide urban design. Promote economic expansion and diversification. Coordinate development with provision of adequate public facilities and services. Ensure that the development character of East Tustin is compatible with the surrounding man-made and natural environment. Strengthen the development character and mixture of uses in the Old Town/First Street area. Promote an integrated business park character for the Pacific Center East area. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master planned development. 7. 8. 9. 10. These goals establish the framework for policies related to allocation of land use in the City and the implementation policies reflect the direction and image the City seeks for the future. The proposed Planned Community zoning district and Planned Community District Regulations support several Generai Plan goals and policies, including the following: Resolution No. 04-46 Page 2 of 5 1. The project will implement policies under the goal to achieve balanced development including: a. Policy 1.2 - Provide for and encourage the development of a neighborhood serving commercial uses in areas underserved and encourage the integration of retail or service commercial uses on the street level of projects. b. Policy 1.5 - Encourage compatible and complementary infill of a previously by-passed parcels in areas already predominately developed. 2. The project will implement policies under the goal to ensure compatible and complementary development including: a. Policy 3.8 - Encourage consolidation of parking and reciprocal access agreements among adjacent businesses. Policy 4.3 - Where mixed uses are permitted, ensure compatible integration of adjacent uses to minimize conflicts. b. 3. The project will implement policies under the goal to revitalize older commercial, industrial, and residential properties including: a. Policy 5.1 - Encourage and continue the use of redevelopment activities, including the provision of incentives for private development, public-private partnerships, and public improvements in the Town Center and South Central redevelopment project areas. Policy 5.2 - Provide development incentives to facilitate the consolidation of individual parcels along the City's commercial corridors. Policy 5.3 - Encourage the rehabilitation of existing commercial facades and signage. b. c. 4. The project will implement policies under the goal to improve city-wide urban design including: a. Policy 6.2 - Encourage and promote high-quality design and physical appearance in all development projects. 5. The project will implement policies under the goal to promote economic expansion and diversification including: a. Policy 7.1 - Broaden the City's tax base by attracting businesses which will contribute to the City's economic growth and employment opportunities while ensuring compatibility with other General Plan goals and policies. Policy 7.5 - Focus retail development into consolidated, economically viable, and attractive centers of adequate size and scale which offer a variety of retail goods and amenities. b. 6. The project will implement policies under the goal to develop character in the Old Town/First Street area including: a. Policy 10.2 - Review and consider the possible development of residential uses in the Old Town area both as individual Resolution No. 04-46 Page 3 of 5 b. residential projects and integrated above ground floor retail and office uses. Policy 10.3 - Encourage outdoor pedestrian spaces, such as courtyards, arcades, and open landscape passages, to be integrated into new development. Encourage high-quality pedestrian oriented building frontages which open onto these pedestrian spaces and public sidewalks. Policy 10.6 - Encourage the integration of retail or service commercial uses on the street level of office projects the flexibility in site development standards. Policy 10.7 - Encourage the consolidation of individual parcels/consolidated site planning and parking and access along First Street and in Old Town through utilization of development incentives such as reduced parking, height bonus, lot coverage relaxation, and allowance for secondary uses, fee waivers, and/or financial assistance in land acquisition and/or infrastructure improvements. c. d. The Prospect Village Final Environmental Impact Report identifies significant and unavoidable land use impacts related to the project's inconsistency with a limited number of General Plan policies that encourage rehabilitation of existing commercial facades, restoration, or rehabilitation of properties eligible for listing on the National Register of Historic Places and preservation of historically significant structures. Nonetheless, each project is reviewed on an individual basis for consistency with the General Plan and California law does not require a project to be consistent with each and every General Plan goal and policy. (Seauovah Hills Homeowners' Ass'n v. Citv of Oakland (1993) 23 Cal. App. 4th 704,719-720). As stated on page 11 of the Tustin General Plan, Land Use Element Goals and Policies provide a framework for land use planning and decision-making in the City. The policies related to historic structures are intended to support Land Use Element Goal 6, which states, "Improve urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods, commercial and business park districts." This goal is achieved through the high quality of design and materials of the project as shown in the conceptual development plans that are incorporated into the Planned Community District Regulations for the Prospect Village Project. G. That the scope of this activity is within the scope of the Prospect Village Final Environmental Impact Report (FEIR). In accordance with the provisions of the California Environmental Quality Act (CEQA), the City Council has considered the FEIR and found that it is complete and adequate and adopted Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring Program prior to finding the Prospect Village Project in conformance with the Tustin General Plan by adopting Resolution No. 04-45. The City Council hereby determines that the location, purpose, and extent of the disposition of property at the northwest corner of Main Street and Prospect Avenue for the Prospect Village Project is in conformance with the Tustin General Plan. II. Resolution No. 04-46 Page40f5 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 1 ih day of May, 2004. \f ~ L~ TONY KAWASHIMA, Mayor ATTEST: ~)h(ca~ PAMELA STOKER, City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) )SS ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 04-46 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1ih day of May, 2004 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: KAWASHIMA, BONE, DAVERT, HAGEN, THOMAS NONE NONE NONE (5) (0) (0) (0) ~Xl cO~ ~ PA ELA STOKER, City Clerk Resolution No. 04-46 Page 5 of 5