HomeMy WebLinkAbout09 TUSTIN LEGACY SPECIFIC PLAN AMENDMENT 2015-01 (ORDINANCE 1482), GENERAL PLAN AMENDMENT 2015-02, AND FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORTAgenda Item 9
Reviewed:
AGENDA REPORT City Manager
Finance Director KNIA
MEETING DATE: JULY 5, 2017
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: TUSTIN LEGACY SPECIFIC PLAN AMENDMENT (SPA) 2015-01
(ORDINANCE NO. 1482), GENERAL PLAN AMENDMENT (GPA) 2015-
02, AND FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
(FSEIR)
SUMMARY:
The Tustin Legacy Specific Plan area (former MCAS Tustin Specific Plan) includes
1,606 acres (1,511 acres in Tustin and approximately 95 acres in Irvine). The MCAS
Tustin Specific Plan was adopted by ordinance on February 3, 2003, and established
the zoning for the project area. The Plan also established the necessary plans,
development standards, regulations, infrastructure requirements, design guidelines, and
implementation programs on which subsequent, project -related development is
founded.
The proposed Specific Plan Amendment would implement a revised land use and urban
design plan for the community that weaves the existing development into an updated
comprehensive vision for achieving a better balance of residential, commercial, and
employment uses, well connected by a variety of transportation modes, parks, and open
space. The amendment will include new land uses such as Mixed Use Transit and
Mixed Use Urban as well as the inclusion of the linear park concept.
The MCAS Tustin Specific Plan Amendment (SPA) 2015-01 would allow 2,212
additional homes, reduce 1,755,306 square feet of nonresidential building space, and
introduce new Mixed-use Urban and Mixed-use Transit land uses in the project area.
No development is proposed at this time and built -out of the Tustin Legacy is
anticipated over the next ten (10) to twenty (20) years depending on market conditions.
General Plan Amendment (GPA) 2015-02 would include minor text amendments to
ensure consistency with the proposed specific plan amendment. The Final
Supplemental Environmental Impact Report (FSEIR) provides environmental analysis to
support the proposed project.
On June 13, 2017, the Planning Commission considered the proposed amendment and
adopted Resolution Nos. 4339, 4340, and 4341, recommending that the City Council
Tustin Legacy SPA, GPA and SEIR
July 5, 2017
Page 2
find the FSEIR is adequate and approve GPA 2015-02 and SPA 2015-01 (Ordinance
No. 1482).
RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 17-23, finding the Final Supplemental Environmental
Impact Report for General Plan Amendment 2015-02 and MCAS Tustin Specific
Plan Amendment 2015-01 is adequate.
2. Adopt Resolution No. 17-32, approving General Plan Amendment 2015-02 for
minor text amendments to ensure consistency with the proposed SPA 2015-01;
and,
3. Introduce and have first reading of Ordinance No. 1482 for Specific Plan
Amendment 2015-01 by changing the mix and layout of land uses, introducing
mixed-use transit and mixed-use urban, and allowing 2,212 additional homes and
1,755,306 fewer square feet of nonresidential building space and set a second
reading at the July 18, 2017 City Council meeting.
FISCAL IMPACT:
GPA 2015-02 and SPA 2015-01 are City -initiated applications. If approved, there will be
beneficial fiscal impact to the City as the proposed amendments would establish a better
balance of land uses for the remaining undeveloped land.
CORRELATION TO THE STRATEGIC PLAN:
The proposed GPA 2015-02 and SPA 2015-01 fall under Goals A and B of Tustin's
Strategic Plan. Goal A is to enable business opportunities and job development and to
enhance the vibrancy and quality of life in all neighborhoods and areas of the
community. Goal B is related to public safety and protection of assets which would
ensure Tustin is an attractive, safe and well maintained community in which people feel
pride.
APPROVAL AUTHORITY
• General Plan Amendment:
Government Code Sections 65353 through 65355 requires:
o The Planning Commission hold at least one (1) public hearing before
approving a recommendation on the amendment to the General Plan.
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July 5, 2017
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o The Planning Commission make a written recommendation on the
amendment to the General Plan. A recommendation for approval shall be
made by affirmative vote of not less than a majority of the total membership of
the Commission. The Planning Commission shall send its recommendation
to the legislative body (the City Council).
o The legislative body (the City Council) shall hold at least one (1) public
hearing prior to amending a General Plan.
• Specific Plan Amendment:
Government Code. Section 65453 requires that a Specific Plan Amendment be
prepared in the same manner as a general plan, except that a specific plan may be
adopted by resolution or ordinance and may be amended as often as deemed
necessary by the legislative body.
BACKGROUND AND DISCUSSION:
The Tustin Legacy Specific Plan area (former MCAS Tustin Specific Plan) includes
1,606 acres (1,511 acres in Tustin and approximately 95 acres in Irvine). The MCAS
Tustin Specific Plan was adopted by ordinance on February 3, 2003, and established
the zoning for the project area. The Plan also established the necessary plans,
development standards, regulations, infrastructure requirements, design guidelines, and
implementation programs on which subsequent, project -related development is
founded. Since conveyance, redevelopment/development has occurred on several
parcels in Tustin Legacy. Military uses have transitioned to a variety of residential,
commercial, and institutional land uses. The Specific Plan was amended six (6) times
between 2010 and 2014 in response to changing market conditions.
As the economic climate improved in 2013 the City embarked on a re -visioning effort to
bring focus back to development of the remaining City -owned lands. The re -visioning
process resulted in a decision by City Council to update the Specific Plan to address
desired changes in the mix of uses, development regulations and building form, and
implementation of open space, circulation, and other infrastructure for the remaining
project area.
The City Council at the time identified seven (7) guiding principles that the Amendment
should follow. These guiding principles are to:
1. Preserve the Linear Park concept.
2. Maximize connectivity.
3. Provide adequate circulation systems.
4. Promote quality design, architecture, and landscaping.
5. Create a sense of identity and place.
6. Provide mix of land uses.
7. Address building form, design, and placement.
Tustin Legacy SPA, GPA and SEIR
July 5, 2017
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The proposed Tustin Legacy Specific Plan Amendment and General Plan Amendment
will guide development of the remaining undeveloped areas in the City of Tustin. These
remaining parcels would be sold, leased, or developed under the direction of the City of
Tustin and within the framework established by the Specific Plan.
General Plan Amendment
GPA 2015-02 is proposed to facilitate SPA 2015-01. GPA 2015-02 includes minor text
amendments to ensure consistency with the proposed SPA 2015-01. Pursuant to the
Government Code, the Planning Commission considered the proposed GPA 2015-02
and adopted Resolution No. 4339 recommending that the City Council approve GPA
2015-02. This staff report and its attachments constitute a written report to the City
Council on GPA 2015-02. Attachment B provides revised pages to the Tustin General
Plan.
Specific Plan Amendment — Ordinance No. 1482
The proposed Specific Plan Amendment (SPA), interchangeably referred to as
Ordinance No. 1482, calls for a range of residential product types and education,
commercial, commercial/business, entertainment/recreation, and park land uses. The
overall purpose of amending the Tustin Legacy Specific Plan is to provide
comprehensive direction — in terms of revisions to development regulations, design
guidance, and implementation of open space, circulation, and other infrastructure — for
the remaining project area owned by the City of Tustin, while implementing the goals
and policies of the City of Tustin General Plan.
The overarching goal of this SPA is to reposition the City's remaining undeveloped
lands in light of current and future market conditions in residential, office, and
commercial development; changing demographics and consumer preferences in the
Orange County market; and new opportunities to attract uses and create places that will
benefit the greater Tustin community. Guided by the City Council seven (7) principles,
SPA 2015-01 objectives are as follows:
1. Implement a revised land use and urban design plan for the community that
weaves the existing development into an updated comprehensive vision for
achieving a better balance of residential, commercial, and employment uses, well
connected by a variety of transportation modes, parks, and open space.
2. Reposition the remaining undeveloped lands in Planning Area 15 to be transit
oriented in terms of site design, mixing and increased intensity of land uses,
walkability, location and design of public spaces, and direct pedestrian access to
the adjacent Tustin Transit Station.
Tustin Legacy SPA, GPA and SEIR
July 5, 2017
Page 5
3. Reposition the remaining undeveloped land in Planning Areas 8, 13, and 14 to
become a new mixed-use urban center that connects to the adjacent Linear
Park. This large area would also include a range of commercial recreation,
cultural, and entertainment uses within and adjacent to the Tustin Legacy Park
4. Establish new zoning designations for mixed-use development that provides
flexibility for both horizontal and vertical mixed-use projects in Neighborhoods D
and G through Mixed -Use Urban and Mixed -Use Transit Oriented Development
(TOD) land use designations.
5. Preserve the Linear Park concept from the Adopted Specific Plan, and provide
additional design direction related to trails, recreation activities, integration with
adjacent development, and park design features.
6. Implement an updated Mobility Plan for Tustin Legacy that ensures a well-
connected system of roadways, pedestrian paths, bicycle routes, and bus and
shuttle routes that provide safe and convenient access to uses within Tustin
Legacy, the adjacent Metrolink Station, and other offsite destinations.
7. Maintain the existing nonresidential land use/trip budget total for Tustin Legacy,
while allowing for the reallocation of trips between certain Neighborhoods, based
on the revised mix of land uses for the remaining lands owned by the City of
Tustin.
The Tustin Legacy Specific Plan is organized into five (5) sections:
• Introduction. Provides the purpose and intent of the document, as well as
background information and history of the area and previous planning efforts.
This section also includes information regarding existing conditions, goals and
planning principals, authorization, consistency, environmental assessment and
adoption.
• The Plan. Identifies the intended land uses, mobility, parks and recreation,
schools, and Infrastructure plans for the Tustin Legacy Area.
• Regulating Code. Provides community structure, development standards and
design guidelines by planning area for the specific plan area.
• Administration and Implementation. Specifies how the plan requirements will
be administered and how development projects will be processed. This section
provides requirements for adoptions, amendments, approvals, interpretation,
severability and enforcement of this document.
Tustin Legacy SPA, GPA and SEIR
July 5, 2017
Page 6
Appendices. Includes Glossary, Reuse Planning Process, Federal Disposal
Process, General Plan Consistency, and Mitigation Monitoring Program.
The following discussion summarizes three (3) of the five (5) sections of the proposed
amendments since the Introduction and Appendices sections are self-explanatory.
The Plan:
The Land Use Plan contains ten (10) land use designations, including an overlay
designation. Land use designations range from residential to commercial and include
opportunities for vertical and horizontal mixed pse, providing a flexible plan that can
adapt to changing market demands. A description of each land use category is provided
in Table 1.
tante i t_ana use tate
ones
Designation
Description
Provides for transit -oriented, mixed-use developments with commercial retail and/or office on the
Mixed -Use Transit
ground floor and either residential units or office on upper floors. Allows for stand-alone residential
uses as well, including senior housing,
Provides for mixed-use developments with commercial retail and/or office on the ground floor and
Mixed -Use Urban
either residential units or offices on upper floors, Allows for stand-alone commercial and residential
uses as well,
Commercial
Provides for development of a variety of retail and service commercial uses with the intent of
supporting and complementing uses in the plan area and surrounding development.
Provides for the development of a variety of uses, including research and development, professional
Commercial/Business
and creative office, retail, senior care facilities, and specialized employment and merchandizing
uses.
Provides for a range of residential development and housing types, including single-family detached
Residential
and attached and multifamily homes. This designation also requires the inclusion of park, open
space, and trails.
Community Park
Provides for community -level sports and active recreation uses, including internal paseos and trails.
Provides for the creation of a continuous linear park that runs in a diagonal direction across the
Linear Park Overlay
project area and will include a variety of recreation, visitor -serving, and community -serving activities
as well as a trail system and dual purpose park/detention area, The boundaries of the Linear Park
Overlay, shown on Figure 4, are intended to be conceptual, pending final design.
County Regional Park
Provides for establishment of a major urban recreation amenity for community and countywide use,
with facilities and programming designed to reinforce the historical significance of the area.
Provides for a mix of commercial and hospitality uses, including hotel, commercial retail,
Recreation/ Entertainment Core
entertainment, and commercial sports facilities. This designation also requires the inclusion of a
major segment of the Linear Park,
Tustin Legacy SPA, GPA and SEIR
July 5, 2017
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Table 1 Land Use Cateaories
Designation Description
Education Village Provides for a mix of public -serving, office, institutional, and/or government uses. Supporting office,
research and development, and commercial uses are permitted to complement educational uses.
Street Right -of -Way Accommodates local roads within the project, Does not include private drives or alleys,
(ROW)
The original MCAS Tustin Specific Plan contained 22 Planning Areas. To better achieve
the land use objectives of this amended plan, some of the Planning Areas have been
combined. Overall consistency between the numbering system and location of the
Planning Areas has been maintained. Table 2: Land Use Plan Statistical Summary
provides the statistical summary and comparison of the original and proposed Specific
Plan by Planning Area.
Table 2 Land Use Plan Statistical Summary
Adopted Specific Plan
Amendedflc
BuIMlApproved
Remaining
Specific Plan
Difference
PA
Land Use
Plan Acres
(Proposed -
Max
Max Non-
Max
Non-
Non
N00
Residential
residential
Residential
residential
Current)
Residential
residential
Residential
residential
Units
Sq. Ft
Units
Sq. Ft
1
Education
120
2,279,050
2,254,200
(24,850) Sq Ft
210,564
2,043,636
Village
2
Community
29
40,531
11000
(39,531) Sq Ft
2,000
-1,000
Park
Transitional/
192
192
192
3
Emergency
5
No Change Sq Ft
0
0
Housing
133,294
133,294
133,294
4-5
Residential
106
925
-
895
-
(30) DU
895
0
0
6
County
Regional Park
85
574,992
-
574,992
No Change
574,992
7
Commercial
21
248,292
248,292
No Change
248,292
0
Recreation/
8
Entertainment
190
1,976,692
1,547,690
(429,002) Sq Ft
1,547,690
Core
9-12
Commercial/
117
1,267,324
1,588,198
320,874 Sq Ft
870,000
718,198
Business
13-14
Mixed -Use
124
891
2,780,587
1,672
606,000
781 DU
376
1,296
606,000
(2,174,587) Sq Ft
15
Mixed -Use
271
1,214
503,410
2,814
1,095,200
1,600 DU
567
2,247
1,095,200
591,790 Sq Ft
Transit
16-19
Commercial
103
-
1,483,553
-
1,483,553
No Change
1,016,000
467,553
20
Residential
29
376
-
376
-
No Change
376
0
21
Residential
127
793
654
(139) DU
654
0
22
Residential
73
402
402
No Change
402
0
ROW
206
0
2,212 DU
TOTAL
1,606
4,601
11,267,725
6,813
9,532,419
3270
2,480,150
3,543
7,052,269
(1,755,306) Sq Ft
Tustin Legacy SPA, GPA and SEIR
July 5, 2017
Page 8
Land uses in the majority planning areas would remain the same. The mix and layout of
land uses in Planning Areas 8, 13-15 would change under the proposed project to
better align with the current market, and achieve the goals and objectives by introducing
mixed-use urban and mixed-use transit land use designations. Compared to the
Adopted Specific Plan, the Specific Plan Amendment would allow 2,212 additional
homes and 1,755,306 fewer square feet of nonresidential building space.
Regulating Code:
The proposed SPA updates and replaces the MCAS Tustin Specific Plan. Development
standards and guidelines for certain Planning Areas within the Specific Plan area (PA
8,13 &14 and PA 15) have been changed to accommodate mixed uses in an urban
setting. For areas of no change, development standards and guidelines from the MCAS
Tustin Specific Plan have been incorporated into the proposed Tustin Legacy Specific
Plan document and the format has been updated for consistency with the contents of
this Specific Plan.
Administration and Implementation:
Chapter 4 of the Tustin Legacy Specific Plan outlines the areas of responsibilities in
administering the Specific Plan. In general, the following are responsibilities for each of
authorized bodies.
City Council
The City Council is responsible for adopting amendments to the Specific Plan;
approving Development Agreement; certifying EIRs, when required; and acting on
appeals from decisions by the Planning Commission.
Planning Commission/Zoning Administrator
The Planning Commission and Zoning Administrator, as defined by the applicable
City Code, is responsible for approving Variances and Conditional Use Permits;
subdivision maps; recommending Specific Plan Amendments and Development
Agreements to the City Council; and acting on appeals from decisions by the
Community Development Director or Zoning Administrator.
Community Development Director
The Community Development Director is responsible for the administration and
enforcement of provisions of this Specific Plan, including interpretations of
provisions, management of the Specific Plan's phasing program, approval of
temporary uses, specification of conditions of approval, site plan and design review
to determine compliance with the Specific Plan, consideration of Minor Adjustments,
Tustin Legacy SPA, GPA and SEIR
July 5, 2017
Page 9
approval of Final Maps, and authorization of certificates of use and occupancy for
both new development and reuse.
ENVIRONMENTAL
Prior Environmental Documents
A FEIS/EIR was prepared for the disposal and reuse of the MCAS Tustin and certified
by the Tustin City Council on January 16, 2001 (Resolution 00-90). Since certification
of the 2001 FEIS/EIR, the City has prepared one (1) supplement and two (2) addenda
to the 2001 FEIS/EIR, and has certified or adopted multiple CEQA documents for
amendments to the MCAS Tustin Specific Plan and development projects in the Tustin
Legacy area. The purpose and applications of the supplement and addenda are
summarized in the SEIR (Attachment B).
Draft Final Supplemental Environmental Impact Report
Prior to the preparation of the DSEIR, the City of Tustin circulated a Notice of
Preparation (NOP) and held an EIR scoping meeting on March 10, 2015 to determine
the concerns of interested parties regarding environmental analysis of the proposed
project. Four (4) people attended the scoping meeting and raised questions relating to
traffic impacts and methodology and consistency with existing and planned educational
development with the Specific Plan. Table 1-2 of the DSEIR summarizes issues
identified by respondents to the NOP. The table also provides references to the sections
of the DSEIR in which these issues are evaluated. No other issues have been identified.
Following the scoping meeting, the City of Tustin completed the DSEIR for the proposed
Tustin Legacy SPA and GPA. The Draft SEIR analyzed impacts to nine (9)
environmental topical areas:
• Air Quality
• Greenhouse Gas Emissions
• Hydrology and Water Quality (Groundwater Supply)
• Land Use and Planning
• Noise
• Population and Housing
• Public Services (Schools)
• Transportation and Traffic
• Utilities and Service Systems
Table 1-3 of the DSEIR (Attachment C) summarizes the conclusions of the
environmental analysis. Impacts are identified as significant or less than significant and
for all significant impacts mitigation measures are identified. The level of significance
after imposition of the mitigation measures is also presented. Table 1-3 of the DSEIR
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July 5, 2017
Page 10
also provides a comparison of the Adopted Specific Plan and the proposed Specific
Plan.
On March 16, 2017, the City issued a Notice of Availability of the DSEIR and provided
the public with a 45 day review period beginning on March 17, 2017, and ending on May
1, 2017. In response, the City received ten (10) correspondences from affected
agencies. These correspondences and responses are summarized in Draft Final
Supplemental EIR (FSEIR). On June 1, 2017, the responses to comments were
distributed to those persons or agencies that commented on the DSEIR.
Based upon the studies completed and input received, the proposed project would not
result in any new impacts, or increase the severity of impacts.
Planning Commission Action
On June 13, 2017, the Planning Commission considered the draft FSEIR, proposed
GPA 2015-02, and SPA 2015-01. At the meeting, two (2) individuals expressed their
concerns and Commission Thompson requested clarification and modification to the
proposed Specific Plan Amendment. The following summarizes the comments and
responses brought up at the hearing:
Comment: Mr. Tab Johnson expressed his concerns regarding the public notice. Mr.
Johnson indicated that there was not adequate public notice provided to the residents of
Tustin Legacy and he requested that additional time be provided to allow for public to
provide input.
Response: The proposed project was initiated with a noticed City Council workshop on
June 23, 2013. In December 2013, another noticed City Council workshop was held to
confirm the Council's directions of the proposed Amendment. Following these
workshops, several other workshops to various public organizations such as the
Chambers of Commerce, Tustin Academy, Urban Land Use Institute, etc. were
conducted as well as updates were provided quarterly in the Community Development
Project Summary before the Planning Commission and annually in the Strategic Plan
workshop. Notwithstanding, information related to Specific Plan Amendment was also
posted on the City website.
Government Code Section 65353(c) requires City to provide notice of a public hearing
ten (10) days prior to the hearing, publish a notice that is at least one -eight page in one
newspaper when the number of owners to whom notice would be mailed greater than
1,000, and post in at least three public places within the boundary of the city, including
one public place in the area directly affected by the proceeding.
Prior to Planning Commission hearing, not only did the City follow the Government
Code, but went above and beyond by:
Tustin Legacy SPA, GPA and SEIR
July 5, 2017
Page 11
• providing direct mailing of notices to:
o affected agencies;
o all Homeowners Associations within Tustin Legacy; and,
o interested parties;
• posting notices in all club houses;
• posting notices at prominent intersections within Tustin Legacy;
• posting at City Hall; and,
• posting all documents at the City's website.
In response to the public noticing concerns expressed at the Planning Commission
hearing, the City again went above and beyond by:
• providing notices to:
o all affected agencies;
o homeowner Associations within Tustin Legacy;
o interested parties; and,
o all property owners within the boundary of Tustin Legacy (2,400 notices);
• Approximately 2,400 property owners received direct mail of Tustin Legacy Fact
Sheet;.
• posting notices in all club houses;
• posting notices at prominent intersections within Tustin Legacy;
• posting at City Hall; and,
• posting all documents at the City's website.
Comment: Ms. Shelly Madison expressed her concerns related to potential increase
density and traffic, increase in homeless count, too many homes in Tustin Legacy, the
architecture of the ' Irvine Company Apartments, and the need for a new Police
Substation to serve the area.
Response: Ms. Madison's concerns with density, traffic, police services have been
addressed in the FSEIR. The proposed Tustin Legacy Specific Plan includes
appropriate analyses with respect to density, infrastructure and utilities to support the
density increase, traffic analysis and public services including police services. With
respect to the Police substation, the Tustin Police Department is currently studying the
possibility of a substation at Tustin Legacy.
Comment: Commissioner Thompson requested that a table showing built and
approved developments be included in the Tustin Legacy Specific Plan, a connectivity
i.e. light rail line be planned for connection of Tustin Legacy to John Wayne Airport, and
that all water features installed to be recyclable.
Response: While Figure 1-3 of the Tustin Legacy Specific Plan shows built and entitled
projects, staff has added a new Table that shows statistical summary of built and
approved developments in Section 1 of the Tustin Legacy Specific Plan.
Tustin Legacy SPA, GPA and SEIR
July 5, 2017
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For connectivity of Tustin Legacy to John Wayne Airport, currently IShuttle operated by
OCTA and City of Irvine provided a route to and from Tustin Metrolink station and John
Wayne Airport. Additional connectivity could be studied at future date and upon
comprehensive update of the Tustin General Plan.
With respect to potential water features at various locations in Tustin Legacy, current
water conservation laws and practices automatically require water features to be
recyclable.
10A)
Rx"t--
JL6fina Willkom
Assistant Director - Planning
Elizabeth A. Binsack
Director of Community Development
Attachments:
A. Location Map
B. Draft Planning Commission Minutes of June 13, 2017 and Resolution Nos. 4339,
4340 and 4341.
C. Resolution No. 17-23: Final Supplemental EIR
a. Draft Supplemental EIR (Volume 1)
b. Draft Supplemental EIR (Volume 2 — Technical Studies)
c. Draft Final Supplemental EIR and Responses to Comments
d. Mitigation Monitoring and Reporting Program
D. Resolution No. 17-32: GPA 2015-02
E. Ordinance No. 1482: Tustin Legacy Specific Plan