HomeMy WebLinkAbout08 ORDINANCE NO. 1498 APPROVING ZONE CHANGE (ZC) 2017-00001 INCLUDING ADOPTION OF THE RED HILL AVENUE SPECIFIC PLAN (SP-13)•
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MEETING DATE: OCTOBER 16, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ORDINANCE NO. 1498 APPROVING ZONE CHANGE (ZC) 2017-
00001 INCLUDING ADOPTION OF THE RED HILL AVENUE
SPECIFIC PLAN (SP -13) AND AMENDMENT TO THE CITY OF
TUSTIN ZONING MAP; GENERAL PLAN AMENDMENT (GPA)
2017-00001 FOR CHANGES TO THE TEXT AND LAND USE MAP;
FINDING/CERTIFYING THE FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE
PROJECT IS ADEQUATE
In February 2016, the City of Tustin City Council directed Staff to initiate the preparation
of a specific plan for a portion of the Red Hill Avenue corridor just north and south of the
1-5 freeway with the goal of promoting revitalization within the existing commercial district.
On August 14, 2018, the Planning Commission held a public hearing on the adoption of
the RHASP and associated General Plan Amendment, Zone Change and DPEIR to
establish new land use regulations and design criteria for development within a 36 -acre
area along Red Hill Avenue. At the meeting, public comments were received and
questions were raised by the Planning Commission that required additional clarification.
As a result, the meeting was continued to September 25, 2018.
At the September 25, 2018 Planning Commission meeting, additional public comments
were received and after additional discussion, the Commission adopted Resolutions Nos.
4367, 4368 and 4369 recommending approval of the RHASP to the City Council. The
recommendation of the Commission also included the following amendments to the
RHASP which are described below:
1. Revise the maximum number of stories/height from five (5) to four (4) stories and
an overall maximum building height of fifty (50) feet.
2. Require as standard, additional on-site parking and a parking management plan
within the Specific Plan.
3. Require as a finding, in allocation of the 500 Residential Allocation Reservations
units that the City shall consider an equitable distribution within the Specific Plan
Area such that no one parcel receives a disproportionate number of units.
Red Hill Avenue Specific Plan
October 16, 2018
Page 2
In addition, the Planning Commission recommended that the City Council address:
1. Traffic and circulation impacts related to Red Hill Avenue and Interstate 5 freeway.
2. Parkland fees — that parkland in the area be a priority and fees be focused within
or adjacent to the Specific Plan area.
3. Issues related to non -conforming uses/buildings/sites.
RECOMMENDATION
That the City Council adopt:
Resolution No. 18-73, certifying the Final Program Environmental Impact Report
SCH No. 2017041031, making required environmental findings, including a
Statement of Overriding Considerations and Mitigation Monitoring and Reporting
Program, in accordance with the requirements of the California Environmental
Quality Act;
2. Resolution No. 18-74, approving General Plan Amendment 2017-00001 for
changes to the text and Land Use Map to ensure consistency with the proposed
Red Hill Avenue Specific Plan (SP -13); and
3. Ordinance 1498 approving Zone Change 2017-00001 to amend the City of Tustin
Zoning Map changing the Retail Commercial (C-1), Central Commercial (C-2), and
Commercial General (CG) and Professional (PR) zoning designations to the Red
Hill Avenue Specific Plan (SP -13) and adoption of the Red Hill Avenue Specific
Plan district regulations.
FISCAL IMPACT
If approved, the Plan may result in positive beneficial fiscal impacts to the City including
new employment and housing opportunities through the encouragement of a mix of uses,
which includes residential. With the inclusion of new residential units along and within
the Red Hill Avenue corridor, there will be a balance of jobs and housing. The
implementation of the Plan would require City's investments in street improvements and
other infrastructure improvements to the area.
CORRELATION TO THE STRATEGIC PLAN
The proposed actions fall under Goals A and B of the City of Tustin 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.
Red Hill Avenue Specific Plan
October 16, 2018
Page 3
APPROVAL AUTHORITY
Government Code Section 65354 requires the Planning Commission to make a
recommendation to the City Council on the adoption/amendment of a general plan and
Section 65453 requires a specific plan to be prepared, adopted and amended in the same
manner as the general plan, except that a specific plan may be adopted by resolution or
by ordinance and may be amended as often as deemed necessary by the legislative
body.
California Government Code Sections 65353 through 65355 require:
The Planning Commission hold at least one (1) public hearing before approving a
recommendation on the amendment to the General Plan and adoption of a specific
plan.
The Planning Commission make a written recommendation on the amendment to
the General Plan and adoption of a specific 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).
The legislative body (the City Council) holds at least one (1) public hearing prior to
amending a General Plan and adoption of a specific plan.
REPORT ORGANIZATION
To assist the reader in referencing the details of the proposed Red Hill Avenue Specific
Plan project, the report is comprised of eight (8) parts as follows:
1. BACKGROUND AND DISCUSSION
2. SPECIFIC PLAN ORGANIZATION & LAYOUT
3. SPECIFIC PLAN CHAPTER SUMMARIES
4. GENERAL PLAN CONSISTENCY
5. ZONE CHANGE/SPECIFIC PLAN
6. ENVIRONMENTAL REVIEW
7. PUBLIC OUTREACH
8. RECOMMENDATION
BACKGROUND AND DISCUSSION
In 2014 and 2015, the City received inquiries and requests to increase density greater
than the General Plan allows (25 dwelling units per acre) within the Red Hill Avenue
corridor. At the time, the City Council conducted a study workshop and determined that
a comprehensive approach and rethinking of the area should be done instead of a
piecemeal approach. In February 2016, the City Council directed Staff to initiate the
Red Hill Avenue Specific Plan
October 16, 2018
Page 4
preparation of a specific plan for a portion of the Red Hill Avenue corridor with the goal of
promoting revitalization within the existing commercial district.
A total of three (3) public workshops were held between July 2015 and February 2018 to
gather public input and establish standards and criteria that reflect the desires of the
community while also facilitating improvements to the corridor. In February 2018, the
Draft Program Environmental Impact Report (DPEIR) and the Draft Red Hill Avenue
Specific Plan (RHASP) were completed and made available for the public to review.
Overall, the Red Hill Avenue Specific Plan is envisioned to result in a distinctive, vibrant
and thriving district with enlivened and interconnected commercial, office, and residential
uses.
The proposed Red Hill Avenue Specific Plan (RHASP) area includes approximately 36
acres of land adjacent to Red Hill Avenue. In general, the project site extends one (1)
parcel east and west of the Red Hill Avenue right-of-way. Between San Juan Street and
Bryan Avenue, the Specific Plan area does not extend beyond the existing right-of-way.
Between Mitchell Avenue and Walnut Avenue, the boundary is generally at the right-of-
way for Red Hill Avenue as shown on the location map (Attachment A and Figure 1).
Figure 1: Red Hill Avenue Specific Plan Project Area
Red Hill Avenue Specific Plan
October 16, 2018
Page 5
The existing land uses include a mixture of low intensity commercial, retail, office and
non -conforming residential which includes approximately 296,446 square feet of existing
non-residential uses (primarily commercial) and 21 dwelling units.
The Specific Plan would provide for 325,000 square feet of new non-residential
(commercial/retail) space to be developed within the Specific Plan area. In addition, it
establishes the possibility for residential mixed —usedevelopment utilizing a City -
maintained housing bank that would allow the construction of a maximum of 500 new
dwelling units that could be requested by potential developers pursuant to a discretionary
Residential Allocation Reservation (RAR) and associated process
If adopted, RHASP and the General Plan Amendment will guide development within the
project area. While it is likely that existing uses and buildings may remain "as is" for
extended periods of time, the standards and regulations contained within the RHASP may
assist in revitalization of the area and encourage the creation of a unique mixed-use
district.
SPECIFIC PLAN ORGANIZATION & LAYOUT
The proposed RHASP is organized into six (6) chapters:
o Chapter 1: Executive Summary/Introduction. Provides the purpose and intent
of the document along with background information and history of the area. This
section also includes information regarding existing conditions within the Specific
Plan area, vision summary and goals, specific plan organization, user's guide and
compliance with the California Environmental Quality Act (CEQA).
o Chapter 2: Vision, Goals and Objectives. Provides the policy foundation for the
Specific Plan including the community vision, policy framework, and goals and
objectives.
o Chapter 3: Development Plan. Provides specific land use, circulation, urban
design, and infrastructure plans.
o Chapter 4: Land Use and Development Standards. Identifies the allowed land
uses and the development standards for parcels within the Specific Plan area.
o Chapter 5: Design Criteria. Provides design regulations and guidance for all
private properties in the Specific Plan area, including criteria for site planning,
building design, and signage.
o Chapter 6: Implementation and Administration. Discusses the administrative
process and procedure required for review and permitting of land use and
development activity within the Specific Plan area as well as development
incentives and finding mechanisms.
Red Hill Avenue Specific Plan
October 16, 2018
Page 6
SPECIFIC PLAN CHAPTER SUMMARIES:
The following discussion summarizes each chapter of the proposed Specific Plan in
greater detail and highlights some of the unique aspects and standards within the Plan.
Chapter 1: Executive Summary/Introduction
Red Hill Avenue is a major arterial roadway consisting of low -intensity commercial, retail
and office uses within traditional shopping centers in an auto -oriented setting. The area
lacks a consistent theme and character. The area's commercial corridor, directly north
and south of the 1-5, is not meeting its full potential to serve the community and as a result,
there is a desire to improve it while balancing the needs of current and future residents,
pedestrians, bicyclists, automobiles and public transit. The Specific Plan encourages a
greater mix of uses within the area, including residential which will facilitate a more
walkable, urban environment.
Chapter 2: Vision, Goals and Objectives
The vision for the Red Hill Avenue area includes the introduction of residential units and
an increase in pedestrian -oriented retail and commercial uses that will help create a more
dynamic, eclectic and attractive place to visit, shop and live for both residents and visitors.
The inclusion of residential will allow for both vertical and horizontal mixed-use options
for future development while also providing an economic incentive to some property
owners to redevelop and revamp existing older commercial retail properties. A greater
variety of activities along the street is encouraged through the development of mixed uses
that reinforce pedestrian scale and orientation.
The Specific Plan incorporates the following elements as part of this Vision:
• Sense of place
• Compatible land uses in an integrated mixed-use environment
• High quality architecture
• High quality businesses; and
• Improved public streetscape
Red Hill Avenue Specific Plan
October 16, 2018
Page 7
Figure 2: Conceptual Illustration — Red Hill Avenue North of 1-5 Freeway
Figure 3: Conceptual Illustration — Red Hill Avenue South of 1-5 Freeway
Red Hill Avenue Specific Plan
October 16, 2018
Page 8
Overall, there are eight (8) goals for the RHASP which includes the following:
1. Enhance streetscape, landscape, and public amenities throughout the Specific
Plan area.
2. Improve visual and functional connections and linkages between Red Hill Avenue,
surrounding residential neighborhoods, adjacent public and institutional uses, and
Interstate 5.
3. Balance flexible and diverse land uses that foster economic development
opportunities and support housing opportunities. Land use in the project area will
maximize residential opportunities along with neighborhood -serving retail and
commercial uses.
4. Streamline processes to support future development in the Specific Plan area.
5. Improve pedestrian and bicycle accessibility and vehicular circulation to minimize
potential conflicts between different users and improve mobility throughout the
Specific Plan area and connectivity with the greater community.
6. Implement parking standards that reflect verifiable demand and consider future
land uses in the area.
7. Coordinate existing and future development with infrastructure capacity.
8. Ensure development within the Specific Plan area is sensitive to and compatible
with surrounding land uses.
Over time, the influx of new retail, restaurants, services and new residents will enhance
the economic and social vitality of the area and establish the RHASP area as a unique
district with its own character. The streets and public spaces will be enhanced through
landscaping and street furniture and framed by quality architecture expressed in a variety
of building styles.
Chapter 3: Development Plan
The Specific Plan would establish one (1) new land use category within the area as shown
on Attachment B (Land Use Map). This category would be Specific Plan 13 (SP -13) and
would respond to the Specific Plan goals stated in Chapter 2 by providing a balance of
commercial, service, and mixed uses. Land use for all properties within the Specific Plan
area is classified as mixed-use, which will allow for freestanding retail and service
commercial and/or office uses along with mixed-use developments that include a
combination of commercial retail and/or office on the ground floor and either residential
or office uses on the upper floors in a vertical mixed-use format or a combination of
Red Hill Avenue Specific Plan
October 16, 2018
Page 9
commercial/office uses and residential uses in a horizontal mixed-use setting on the same
parcel.
The Land Use Plan allows for 500 additional residential units within the Specific Plan
area. The Specific Plan allocates 395 dwelling units to the Specific Plan area north of I-
5 and 105 dwellings units to the Specific Plan area south of 1-5. Transferability and
conversions of commercial square footage to residential units is allowed between both
areas of the RHASP and outlined in Chapter 6 of the Specific Plan. Residential units
must be high quality and integrated into a mixed-use development. The residential
component of the mixed-use project requires City approval of the units through the
completion of the Residential Allocation Reservation (RAR) process which is described
in Chapter 4.
The combination of uses creates a more urban environment which is compatible with the
existing vehicular emphasis along Red Hill Avenue and puts residents in close proximity
to shopping, dining and job opportunities in the area. The mixed-use environment also
helps to improve and area's livability as tenants and/or property owners do not have to
drive to complete day-to-day activities, replacing driving with walkability to either within
the same building where they live or to a building nearby.
Monumentation and Branding:
With the goal of creating a distinct district, the RHASP includes several elements to brand
the area with a new identity. Conceptual gateway imagery and signage is provided in the
RHASP to show placement of different elements within the area.
Figure 4: Gateway Concept Plan
Red Hill Avenue Specific Plan
October 16, 2018
Page 10
While a formal branding process will be initiated by the City at a future date, the RHASP
proposes a coordinated landscape plant palette, medians, public art, street furniture and
themed signage to help establish the area. Together these elements will work in concert
to compliment new private development within the area and further the vision of the Plan
to create a new mixed-use community with distinct character. The RHASP will also
include development standards and design criteria which will place buildings oriented
towards the street, ground floor uses that will engage pedestrians and architectural
features that add interest and reinforce the character and scale. The streetscape
improvements that will be implemented will contribute significantly to the visual appeal
and identity of the Red Hill Avenue public realm.
Infrastructure and Road Improvements:
Existing infrastructure within the RHASP area includes water, sewer, drainage,
stormdrain, electrical, gas and solid waste. Capacity for each utility and service will be
reviewed on a case-by-case basis by the City to determine if upgrades are necessary.
Supplemental reports will also be required of private developments to ensure that a
project does not exceed allowable limits or capacities.
The existing roadways within the RHASP project area will remain intact with the exception
of Red Hill Avenue, which will have reduced lane widths to accommodate a Class II bike
way on either side of Red Hill Avenue as well as raised medians within certain segments
of the roadway.
Figure 5: Conceptual Streetscape
4
Red Hill Avenue Specific Plan
October 16, 2018
Page 11
As a major arterial, Red Hill Avenue provides local and regional connections within Tustin
and is a point of access to and from the 1-5 freeway. Three (3) through traffic lanes in
each direction must be maintained to accommodate existing and future traffic.
The proposed streetscape enhancements are designed to create a cohesive and
coordinated aesthetic throughout the Red Hill Avenue corridor, by utilizing materials and
amenities that promote a timeless look and feel. Streetscape improvements include the
installation of street trees, landscaped medians, gateway signage, and reduced lane
widths along Red Hill Avenue to accommodate a Class II bike lane.
Compatibility w/Adiacent Buildings:
Close attention through the design review process will ensure that new projects are
compatible with adjacent or existing residential and commercial buildings and uses. New
development will introduce a high level of architectural detail and quality materials, setting
the stage for overall revitalization of the area. Close attention to building location and
size, architectural details, access, parking and the types of uses will ensure that new
projects are compatible with established neighborhoods.
Chapter 4: Land Use and Development Standards
The key section of the proposed Specific Plan is Chapter 4, which contains the regulating
code for the project area. Proposed development and improvements would be subject
to a set of standards and design criteria that are described within Chapter 4 and Chapter
5 of the Specific Plan. The regulating code for the Specific Plan is a hybrid of a
conventional or traditional zoning code and a form -based code, in which emphasis is
placed on the allowed uses with use of illustrative graphics to depict the location, mass
and form of the buildings. The main benefit of a hybrid code is a code that encourages
walkable, urban environment while continuing to regulate land uses within a given area.
Freestanding Commercial & Mixed Uses
Freestanding retail and service commercial and/or office uses and mixed-use
developments are permitted within the Specific Plan area, which contains specific
development standards for both types of uses. No stand-alone residential is permitted
unless it is in conjunction with a mixed-use project. Freestanding commercial retail and
mixed-use development projects require minimum lot width, applicable setbacks
(depending on specific details on the project or surroundings), building separation and
landscaping. The maximum allowable building height for all mixed use projects within the
Specific Plan area is 4 stories and 50 feet in height (as revised by the Errata). The
maximum allowable building height for commercial projects is 50 feet. Mixed-use
projects must also include a minimum amount of private and common open space which
provides livability for the residential units and necessary open space for projects that are
denser than stand-alone commercial buildings.
Red Hill Avenue Specific Plan
October 16, 2018
Page 12
Flexible Format Retail is a new use that will be permitted in the Specific Plan area. This
use is defined within the Specific Plan as "...an enclosed space within a development
project that permits and is designed for residential and/or commercial uses and may be
used as such depending on market conditions and the preferences of the owner or
tenant." Flexible Format Retail space is intended to be occupied by business operators
who live in the same structure that contains the commercial activity and can function in
whatever capacity is deemed appropriate by the owner or tenant as long as it is consistent
with the Specific Plan and California Building Code requirements. Flexible Format Retail
is permitted in conjunction with any permitted mixed-use project and when fronting Red
Hill, must contain a commercial use on the ground level. Other detailed standards for this
use are contained within Chapter 4 of the Specific Plan.
Non-Conforminq Uses and Structures
Provisions for the regulation of non -conforming uses and structures are also addressed
in Chapter 4. Existing uses shall be permitted to continue and need not comply with the
new standards of the RHASP, subject to the provisions of TCC Section 9273, Legal
Nonconforming Structures and Uses. Compliance with the Specific Plan will be required
when land uses intensify to a different land use classification (i.e. from retail to assembly,
daycare, medical, restaurant, etc. or any other parking/traffic intensification), when an
expansion is made to occupy greater land area or new structure or when a new
development project is constructed.
If buildings are destroyed by an Act of God, the development standards of the Specific
Plan would apply for reconstruction. A concern was expressed that if existing buildings
are destroyed by an Act of God that they be required to be rebuilt closer to the street. In
such instances, placement of new buildings at the street would be encouraged, but not
required.
Development Standards and Requirements
The development standards highlighted in Figure 6 illustrate the required building
setbacks and stepbacks from the front, interior and rear property lines to the building
fagade (Figure 6). The letters shown above correspond with Table 4-3, General
Development Standards & Requirements below. There are required setbacks/stepbacks
at the third, fourth and fifth stories of a building to reduce massing and add visual interest
and articulation to the building elevation. Additional upper story setbacks may be
imposed during the design review process. There are also rear yard setback
requirements from an adjoining residential lot or mixed-use lot that contains residential
uses.
Red Hill Avenue Specific Plan
October 16, 2018
Page 13
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Figure 6: Frontage/Lot Width & General Development Requirements
Red Hill Avenue Specific Plan
October 16, 2018
Page 14
The proposed development standards for the RHASP are shown in Table 4-3 (below):
(Revisions to this table are included in the Errata — Attachment J)
Table Development Standards
(Standards shown are minimums unless sPecified)
mmd . se
A
Minimum Required S;reet
70 feet
6 1 :10 fr=e;l
Frontage/Lot Width
Revised to: 4 -stories and 50 -feet
8
Maximum Building Height
50 feet
Setbacks
None with required pedestrian
accessible amenities (3)
• 5 -foot (aggregate) setback above
C
Front Yard (Building)
None
the third story,-
tory;Additional
Additionalupper story setbacks may
be imposed during design review
process,-
rocess;10
10feet;
None
5 feet aggregate setback at the third
Q
Side Yard (Interior)
10 feet from an adjoining
story;
residential lot or mixed-use lot
• Additional upper story setbacks may
that contains residential uses;
be imposed during design review
process.
• None with required pedestrian
accessible amenities (3);
• 5 -foot aggregate setback above the
E
Side Yard (Corner/Street Side)
None
third story;
• Additional upper story setbacks may
be imposed during design review
process.
None
F
Rear Yard
10 feet from an adjoining
• 10 feet
residential lot or mixed-use lot
that contains residential uses
Red Hill Avenue Specific Plan
October 16, 2018
Page 15
Notes:
Row B: Prior to the errata, the maximum building height for mixed use was 4 stories, and an
additional story could be added subject to certain criteria and additional stepbacks.
Row G: Prior to the errata, required building separation for commercial projects was 10 feet.
Row I: Prior to the errata, 10 percent of the gross lot size for commercial projects was required to
be landscaped.
Circulation & Parking:
To ensure that sufficient parking areas are provided for a project within the RHASP, all
parking is required to be provided on-site. For mixed-use development, the parking ratio
stipulated in the RHASP is a total parking requirement of 2.25 spaces for each residential
unit plus parking for non-residential. For non-residential or commercial uses, the parking
ratios provided in the TCC would prevail based on each individual use.
The private development community and Economic Development Department have
expressed their concerns with the proposed standards. They have indicated that this
standard and requirement is not in keeping with the industry standards and trends which
requires less parking. However, at the September 25, 2018 Planning Commission
Table 4-3 General Development Standards & Requirements
(Standards shown are minimums unless specified)
DeWoprnarrt tont rds Cots tidal lid )
Building Separation
Revised to N/A
G
(freestanding buildings
0 10 Feet
containing residential and
adjacent building(s)
Open Space (4)
N/A
o 100 sf per unit
H
Private
NIA
. 200 sf per unit
Common
Revised to comply with
. See Section 5 (Design Criteria) for
Landscaping Requirements
TCC
mixed-use landscaping
requirements.
Nates:
{l)
Commercial references stand -clone commercial/office uses, without a residential component -This may be a commercial center or smalls
commercial or office build ing(s).
?)
Mixed'Vse references on inlegroied horizontol or gerticol combination of commercial/office uses with a residenliol component, Residemio
units +are subject to the Residential Allocation Reservation process.
3)
Pedestrian accessible amenities may include outdoor sealing, ou€door dining (subject to a City license as specified in TCC Section 9277)
public art, plaza spate or architectural features that allow for additional pedestrian activity -
{4)
Refer to the Open 5pocc standards in Chapter 4, Section 4.4.3 [Nlixod-Usc Development) for additional requirements -
;.5)
A minimum distance of 10 feel shall separate exterior walls of separate buildings containing dwelling vnas on the some lot, The window,
or windowldoors of any dwelling unit shall not face the windows or window/doors of another dwelling unit unless separated by a distance
of 10 ar more feet.
N/A - Nai A.ophcobic
Notes:
Row B: Prior to the errata, the maximum building height for mixed use was 4 stories, and an
additional story could be added subject to certain criteria and additional stepbacks.
Row G: Prior to the errata, required building separation for commercial projects was 10 feet.
Row I: Prior to the errata, 10 percent of the gross lot size for commercial projects was required to
be landscaped.
Circulation & Parking:
To ensure that sufficient parking areas are provided for a project within the RHASP, all
parking is required to be provided on-site. For mixed-use development, the parking ratio
stipulated in the RHASP is a total parking requirement of 2.25 spaces for each residential
unit plus parking for non-residential. For non-residential or commercial uses, the parking
ratios provided in the TCC would prevail based on each individual use.
The private development community and Economic Development Department have
expressed their concerns with the proposed standards. They have indicated that this
standard and requirement is not in keeping with the industry standards and trends which
requires less parking. However, at the September 25, 2018 Planning Commission
Red Hill Avenue Specific Plan
October 16, 2018
Page 16
hearing, a Planning Commissioner suggested that parking requirements be increased
instead of lowered.
An alternative or shared parking arrangement is also allowed and encouraged in the
Specific Plan for a mixed-use development or development that utilizes non-traditional
hours. A parking study is required for all non-residential uses and mixed-use
developments requesting shared parking, subject to review and approval by the Planning
Commission.
In addition, the RHASP requires the developer/applicant to develop and enforce Parking
Management Plan to ensure parking will be adequately provided. The Planning
Commission has recommended that this Parking Management Plan be made as a
standard requirement for every project. Measures may include:
• Valet Parking
• Other off-site parking
• Restrictions on hours or operation
• Easement or other joint -use parking agreement to share parking
Flexible Amenity Setback
The Flexible Amenity Setback (FAS) is a component of the public right-of-way that adjoins
private development in areas of the RHASP that have or will be required to dedicate land
to achieve the full 60 -foot half -width right-of-way for Red Hill Avenue. Because the driving
surface (curb -to -curb) width of Red Hill Avenue will not change as part of the RHASP (+/-
42'-0"), in the interim, if a use or activity needs the full dedication for roadway purposes,
the remaining +/- 18'-0" right-of-way may be utilized for a range of uses, including
expanded walkways, additional landscape, public seating/plaza areas, sidewalk dining,
and other similar uses proposed as part of a design review application for a development
project. Outdoor dining areas that encroach into the public right-of-way shall be subject
to a license agreement from the City. Additional design considerations for uses within the
FAS are contained within Chapter 5 of the Specific Plan.
Red Hill Avenue Specific Plan
October 16, 2018
Page 17
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Red Hill Avenue
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18 �0
4'4
42'4CI' 6'-O'61KE FLEXIBLE AMENITY E;ETe0.CK
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Figure 7: Flexible Amenity Setback & Adjacent Red Hill Avenue
Signage:
All new signage associated with development projects within the RHASP will need to
comply with the TCC as well as the additional specific standards or requirements provided
within the Specific Plan. Projecting, window, wall, awning, neon, monument and portable
signs are all permitted within the RHASP. The TCC does not have any sign standards
for mixed-use development, so in those instances a Master Sign Plan will be required.
Residential Allocation Reservation
The allocation of residential units within the Specific Plan through the Residential
Allocation Reservation (RAR) process is a concept that was introduced in the Downtown
Core Commercial Specific Plan (DCCSP) and proposed in the RHASP. There are a total
of 500 dwelling units allocated within the RHASP. Table 4-5 below summarizes this
information and the total number of units allocated by planning area.
Planning Arrwa
Ma*num Permuted Ura
North Area: North of 1.5
395 dwelling units
South Area, South of 1-5
105 dwelling units
TOTAL
500 dwelling units
Red Hill Avenue Specific Plan
October 16, 2018
Page 18
The RAR process would provide a preliminary review of a proposed mixed-use project
and its associated residential unit count to determine whether or not it is in compliance
with the Specific Plan. RAR findings would need to be made by the Community
Development Director. If approved, the RAR serves as a preliminary allocation of
residential units for the project and the associated conditions of approval shall set forth
time limitations for submittal and approval of the appropriate entitlements. The preliminary
RAR allocation of units shall not be considered final until approval of the requested
entitlements by the highest approval body (i.e. Community Development Director, Zoning
Administrator or Planning Commission). Should the application entitlements be denied
or not implemented within the time frame identified in the RAR preliminary approval, the
preliminary allocation of units approved under the RAR shall be redeposited into the
Residential Allocation Bank for use by other projects. The Community Development
Department shall monitor the Residential Allocation Bank and track all residential units
reserved, transferred, approved and constructed under a RAR.
At the September 25, 2018 public hearing, the Planning Commission recommended that
a new finding be added requiring an equitable distribution of units within the Specific Plan
area such that no one parcel receives a disproportionate number of units. This
requirement has been added to the Errata list (Attachment J).
Chapter 5: Design Criteria
As a compliment to the development standards in Chapter 4, the Specific Plan establishes
design criteria to further the vision and goals of the Plan. The Design Criteria are
contained within Chapter 5 and provide design direction for new development as well as
direction for improvements to existing development to enhance the character of private
property within the Specific Plan area. The Design Criteria apply to all development within
the Specific Plan area and are intended to be used as a guide for new development or
improvements to existing development.
There are five (5) design principles within the Specific Plan that contribute to future
development and redevelopment so as to ensure that development activities are
integrated, sensitive to surrounding neighborhoods, provide for positive imagery and
create an inviting environment for residents and visitors, adhering to the intent of the
Specific Plan. These principles include: (1) provide for high quality development, (2)
promote a sense of place within the Specific Plan area, (3) provide development that is
human scale, (4) create linkages between the Specific Plan area and surrounding
neighborhoods and (5) create cohesive thematic elements.
Architectural Style
Three (3) architectural styles are identified and encouraged within the RHASP;
Spanish/Mediterranean, Modem Craftsman and Farmhouse/Agricultural. These styles
represent contemporary interpretations of three traditional architectural styles which are
drawn from Tustin's varied agricultural heritage with Spanish roots as well as past fruit
Red Hill Avenue Specific Plan
October 16, 2018
Page 19
groves. With time, it is envisioned as an area which integrates existing commercial uses
with new development to create a versatile mix of commercial, office, retail and residential
uses, which will help to create a sense of place.
Spanish/Mediterranean
Public Realm
Farmhouse/Agricultural
Modern Craftsman
Chapter 5 also includes design criteria for the public realm, which is the area within the
public right-of-way such as the street itself, the parkway, sidewalk, and pedestrian
amenity setback. Where private development meets and intermingles with the public
realm, specific criteria will guide design such as the creation of public gathering spaces
(i.e. courtyards, plazas, outdoor dining and mid -block pedestrian paseos, etc.) through
the use of different types of building frontages.
Red Hill Avenue Specific Plan
October 16, 2018
Page 20
Figure 8: Pedestrian -oriented uses in the Flexible Amenity Setback such as
seating, landscaping, awnings and signage
Chapter 6: Administration and Implementation:
Chapter 6 explains the procedures and outlines the areas of responsibilities and
procedures to implement the Specific Plan. The provisions of the RHASP apply to all
existing and future development and land uses in the area. Existing uses shall be
permitted to continue and need not comply with the new standards in the RHASP, subject
to the provisions of TCC and with respect to legal non -conforming structures and uses.
When land uses intensify or change, existing structures are modified, additional square
footage or new development is proposed, conformance with the regulations and design
criteria outlined in this Specific Plan will be required. In reviewing proposals that include
the modification to existing development, however, it is recognized that existing site
conditions may constrain the extent to which these development standards and design
criteria can be met.
Within the Plan, the following are responsibilities for each of the authorized bodies:
0 Community Development Department
The Community Development Department shall be responsible for the administration
and enforcement of provisions of this Specific Plan, including processing of
applications, providing assistance to applicants, administration of the Residential
Allocation Reservation (RAR) and reviewing projects in compliance with the RHASP.
Red Hill Avenue Specific Plan
October 16, 2018
Page 21
Public Works Department
The Public Works Department shall be responsible for overseeing improvement
projects involving streets, public rights-of-way, and other public properties and
improvements within the RHASP.
• Community Development Director/Zoning Administrator
The Community Development Director acts as the Zoning Administrator as outlined in
the TCC. The Director shall also be responsible for interpretations of provisions and
uses, approval of temporary uses, specification of conditions of approval, site plan
and design review to determine compliance with the Specific Plan, consideration of
transfers and/or conversions of residential dwelling units or commercial intensity,
minor adjustments, approval of Final Maps, and authorization of certificates of use and
occupancy for both new development and re -use of existing commercial buildings.
The Community Development Director may refer an action to the Planning
Commission.
• Planning Commission
The Planning Commission, as defined by the TCC, shall be 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.
City Council
The City Council shall be responsible for adopting the Specific Plan, General Plan
Amendments and any future amendments to the Specific Plan; approving
Development Agreements; and acting on appeals from decisions by the Planning
Commission.
Con versions/Transfers
After the 500 units allowed through the Specific Plan are allocated, conversions of
commercial intensity may be allowed between the areas north and south of the 1-5 within
the Specific Plan based on certain findings and an evaluation of the vehicular trip
assumptions contained within the Program EIR. Transfers of residential dwelling units or
commercial intensity between the north and south areas may be permitted at any time
subject to approval by the Community Development Director. The ability to transfer
residential units or convert commercial square footage allows for greater flexibility as the
build out continues and has a potential benefit of creating a better high quality
development project with additional housing units for a project when justified.
Red Hill Avenue Specific Plan
October 16, 2018
Page 22
Findings
Individual development projects within the Specific Plan area will require Design Review
as required by the TCC as well as other specific procedures outlined in Chapter 4. The
RHASP contains findings that serve as the basis for determining approval, approval with
conditions or denial of development applications that are submitted for projects within the
Specific Plan area. The findings are organized into four (4) categories:
1. Findings for all new development projects (including separate findings for
design review)
2. Findings for mixed-use development projects
3. Findings for residential mixed-use development projects with Residential
Allocation Reservation transfers or conversions
4. Findings for exceptions to the Land Use and Development Plan (Chapter 4)
and Design Criteria (Chapter 5)
GENERAL PLAN CONSISTENCY
The analysis of the Specific Plan's consistency with the applicable goals and policies of
the General Plan has been prepared indicating that the RHASP would be consistent with
the Tustin General Plan, as amended. The RHASP utilizes average density and based
on total acreage and the total number of units within the area, it complies with the General
Plan. Utilizing this methodology, the RHASP allows approximately ten (10) du/acre which
complies with the maximum allowable density of 25 du/acre as stipulated in the City's
General Plan. The General Plan Consistency analysis is included within Attachment M.1.
and within Table 4.8-1 of the Program Environmental Impact Report (PEIR).
ZONE CHANGE/SPECIFIC PLAN
The existing zoning designations within the project boundary will change with the Specific
Plan, necessitating a zone change. Existing zoning classifications of Retail Commercial
(C-1), Central Commercial (C-2), Commercial General (CG) and Professional (PR) within
the project area would be changed to Red Hill Avenue Specific Plan (SP -13). Attachment
5 contains the required findings for the Zone Change.
The RHASP is the district regulations which provides specific standards and design
criteria to guide future development within the area. If adopted, it would replace and/or
augment the City's existing Zoning requirements and regulations for the area.
ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report
Prior to the preparation of the Draft Program Environmental Impact Report (DPEIR), the
City of Tustin circulated a Notice of Preparation (NOP) and held an EIR scoping meeting
Red Hill Avenue Specific Plan
October 16, 2018
Page 23
on April 20, 2017, to determine the concerns of interested parties regarding environmental
analysis of the proposed project. The Scoping Meeting notification included only
outside/responsible agencies, with the NOP posted on the City's website and at City
Hall. Following the scoping meeting, the City of Tustin completed the DPEIR for the
proposed Red Hill Avenue Specific Plan, GPA and ZC.
The Draft PEI evaluates the potential environmental effects associated with the addition
of 500 dwelling units and 325,000 square feet of non-residential uses to the Specific Plan
area. For analysis purposes, the Program EIR assumes a buildout year of 2035. The
Draft PEIR analyzed impacts to fourteen (14) environmental topical areas:
• Aesthetics
• Air Quality
• Cultural Resources and Tribal Cultural Resources
• Geology & Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation and Traffic
• Utilities
Table 1-1 of the DPEIR (Attachment L — Exhibit 1) summarizes the conclusions of the
environmental analysis. Impacts are identified as significant and unavoidable, less than
significant with mitigation, less than significant, and no impact. For all significant impacts
mitigation measures are identified. The level of significance after imposition of the
mitigation measures is also presented. Issues requiring mitigation include cultural
resources and tribal cultural resources, hazards and hazardous materials, hydrology and
water quality, noise, recreation and utilities. Significant and unavoidable impacts include
air quality, greenhouse gas emissions and transportation and traffic. The Mitigation
Monitoring and Reporting Program are included as an exhibit within Attachment L —
Exhibit 5).
CEQA Comments
On February 1, 2018, the City issued a Notice of Availability of the DPEIR which also
initiated a 45 -day public comment period in which the public and other outside agencies
could review and comment on the document. The comment period concluded on March
19, 2018 and the City received fourteen (14) written letters and/or e-mails of
correspondence from affected agencies and interested parties. These correspondences
Red Hill Avenue Specific Plan
October 16, 2018
Page 24
and responses are summarized in Final Program EIR (PEIR). On July 31, 2018, the
responses to comments were distributed to those persons or agencies that commented
on the DPEIR.
Although most potential project impacts have been substantially avoided or mitigated, as
described in the Finding of Facts in Support of Findings, there remain some project
impacts for which complete mitigation is not feasible. For some impacts, mitigation
measures are identified and can be adopted by the City, however, even with
implementation of the measures, the City finds that some impacts cannot be reduced to
a level of less than significant. As a result, the City, after balancing the specific
economic, legal, social, technological, and other benefits including region -wide or
statewide environmental benefits of the project, has determined that the unavoidable
adverse environmental impacts may be considered acceptable due to specific
considerations which outweigh the unavoidable, adverse environmental impacts of the
project, each of which standing alone is sufficient to support approval of the project in
accordance with CEQA. A Statement of Overriding Considerations in included within
Attachment L - Exhibit 4 that outlines the facts that have been considered for approval of
the Red Hill Avenue Specific Plan.
PUBLIC OUTREACH
Throughout the development of the Specific Plan, public comments were received during
the 45 -day environmental review period, prior to and at the various public hearings that
were held and other comments were posted via social media.
Notification for the Planning Commission and City. Council public hearings was sent to all
property owners and tenants within the project area and within a 500 -foot radius of the
project area. This notification included approximately 3,200 mailed notices in addition to
public notices sent to those listed on the City's interested party list. Prior to each public
hearing, the notices were published in the Tustin News. In addition, notices were posted
at Tustin City Hall, various locations within the project boundary, Tustin Library, Tustin
Senior Center as well as on the Facebook and Nextdoor.
Environmental Review Period
A" comment letter dated March 16, 2018 was received from Rutan & Tucker, LLP on behalf
of WTM Tustin Investors, LP, and Lake Union Investors, LP (Attachment F) and their
property interests at 13852 Red Hill Avenue. Comments and staff responses to this letter
are included in the August 14, 2018 Planning Commission staff report.
Public Hearings
At the August 14, 2018 Planning Commission meeting, eighteen (18) public speakers
provided comments regarding the project. The speakers included residents, interested
parties, and representatives from all major shopping centers including the Red Hill
Red Hill Avenue Specific Plan
October 16, 2018
Page 25
Village, the Stater Bros. shopping center and Red Hill Plaza. Generally, the individuals
spoke in opposition to the Specific Plan and expressed concern about incremental
changes having to comply with the Specific Plan requirements. Three (3) individuals
spoke in support of the project. Supporters included two (2) representatives of the
applicant for the pending mixed used project at 13751 & 13841 Red Hill Avenue and a
Tustin Legacy resident who was in favor of mixed use and expressed excitement about
what it could bring to the Red Hill Avenue area.
On September 25, 2018, the Planning Commission continued their deliberation on the
Red Hill Avenue Specific Plan. Staff summarized the outcome of the August 14, 2018
Planning Commission meeting and presented the staff report which responded to
questions raised by the Commission at the August 14, 2018 public hearing. Public
comments were also addressed in the staff report (Attachment 1) and a summary matrix
of the social media comments was also provided as an attachment to the report. The
matrix identified and categorized the top three (3) areas of concern through social media
as traffic, parking and density. Following the presentation, the Commission re -opened
the public hearing and took additional testimony. Fourteen (14) public speakers
provided additional comments on the Plan. A summary of public comments are included
in Attachment F.
Meetings Regardin_g Existinq Shoppin_g Centers
The City Manager and Planning staff met with all four (4) shopping centers owners and/or
management entities on several occasions to discuss the details of the Specific Plan and
when compliance of the Plan would be triggered. Staff provided clarity on the goals of
the Plan, building placement and that mixed use development is encouraged, but not
required, and that stand-alone commercial is also permitted. Additional concerns also
included the ability to remodel the existing shopping centers, whether or not the City would
request that the existing buildings be moved and damage and destruction by an Act of
God.
Summary of Significant Concerns
A summary of public comments have been included in Attachment F. Staff addressed
public comments within the FEIR and staff reports to the Planning Commission. The
following provides the Council with a summary of overall concerns and staff responses to
the public and Planning Commission comments/concems:
1. Building Height/Density/Distribution of Units: Concerns on how the 500 units
will be distributed within the Specific Plan area and concern about what a 5 -story
structure would look like adjacent to existing residential.
Response: The development buildout and distribution of unit assumptions used in
developing the different scenarios are estimates based on several factors in
Red Hill Avenue Specific Plan
October 16, 2018
Page 26
addition to a balance of subjective and objective reasoning that resulted in the
conclusion on threshold assumptions. This reasoning included factors such as:
• The identification of parcels with likely potential for revitalization;
• Land area for a single residential unit based on unit size, open space
per unit, parking land area and a maximum height of 3 stories;
• Land area for commercial uses with an assumed parking ratio, open
space percentage and height;
• Amount of vacant land and probability of development;
• Amount of existing commercial development that currently exists in
the area and absorption of new development over time;
• Consideration of the Kosmont Retail Study, a study prepared to
evaluate growth potential in the Specific Plan area; and
• Height limitations in the plan and parcels that will most likely be
commercial and single -story with surface parking.
The maximum allowable building height for all mixed use projects within the
Specific Plan area is 4 stories and 50 feet in height (as revised by the Errata). The
maximum allowable building height for commercial projects is 50 feet. The existing
Red Hill Avenue corridor is predominately older commercial uses with antiquated
site planning and a variety of building heights, which include combination of one,
two and three story buildings. Without the adoption of the Red Hill Avenue Specific
Plan, commercial properties could still develop or redevelop with new buildings
and/or structures within the 35 -50 -foot height limitation depending on the existing
zoning designation. While future buildings through the Red Hill Avenue Specific
Plan would be limited to 4 stories for mixed use and 50 feet in height commercial
projects, it is not dissimilar to the City's existing maximum allowable building height
in the C-2 zone of 50 feet.
With respect to distribution of the residential units, a new finding has been
included for the approval of a Residential Allocation Reservation application
which states that the City shall consider an equitable distribution within the
Specific Plan Area such that no one parcel receives a disproportionate number
of units.
2. Parking: Concerns if adequate parking is being required for mixed use in the
Specific Plan. Residents indicated that parking problems in the area may be
exacerbated with implementation of the Specific Plan area.
Response: The parking requirement of 2.25 spaces per residential unit in the
RHASP is consistent with other Specific Plans within the City (i.e. Tustin Legacy
Specific Plan and Downtown Commercial Core Specific Plan). For non-residential
or commercial uses, the parking ratios provided in the TCC would prevail based
on each individual use.
Red Hill Avenue Specific Plan
October 16, 2018
Page 27
For future development projects, an alternative or shared parking arrangement is
also allowed and encouraged in the Specific Plan for a mixed-use development or
development that utilizes non-traditional hours. A parking study is required for all
non-residential uses and mixed-use developments requesting shared parking,
subject to review and approval by the Planning Commission. Additionally, the
RHASP requires the developer/applicant to develop and enforce a parking
management plan to ensure that the number of spaces provided will satisfy parking
demand. The Planning Commission recommended this parking management plan
be required of every project.
Measures to ensure that adequate parking will be provided include:
• Valet Parking
• Other off-site parking
• Restrictions on hours or operation
• Easement or other joint -use parking agreement to share parking
3. Traffic: Concerns about existing traffic along Red Hill Avenue and the percentage
increase with the implementation of the Plan.
Response: The Final Program EIR for the Specific Plan analyzed nine (9)
intersections within the Specific Plan area including the northbound and
southbound ramps of the 1-5 at Red Hill Avenue. As indicated in the Traffic Impact
Study, there will be increases in traffic due to additional development in the Red Hill
Avenue Specific Plan. The 500 additional residential units would result in an average
increase of approximately 3% to the average daily traffic volume of each segment of
Red Hill Avenue in the Project area (See Attachment L).
With the project buildout, all of the intersections studied would continue to operate
at an acceptable Level of Service (LOS) during both peak hours, with the exception
of the intersection of Red Hill Avenue at the 1-5 southbound ramps. While impacts
could be mitigated with restriping of the ramp, the City has no jurisdiction over the
Caltrans ramp. As a result, Mitigation Measure 4.13-1 is proposed to address this
intersection and is included in the Mitigation Monitoring & Reporting Plan of the
Final Program EIR and a Statement of Overriding Consideration is proposed as
the City cannot require another jurisdiction to complete the improvements. Please
refer to Attachment L.6. for additional text and explanation. At the September 25,
2018 Planning Commission meeting, the Planning Commission suggested that the
City Council address traffic and circulation impacts at Red Hill Avenue and
Interstate 5 freeway.
Red Hill Avenue Specific Plan
October 16, 2018
Page 28
4. Existing Shopping Centers: Concerns about the transition for shopping centers
from existing uses to mixed use being defined in the Specific Plan so there is not
an adverse financial impact as expressed by some of the large land owners.
Response: Initially, the Specific Plan would have required improvements to
property upon change in tenancy when more than a 50% modification to a tenant
space was being proposed. The City has proposed revised text to the Specific Plan
contained within an Errata List (see Attachment J). This is consistent with the
City's practice and policies related to legal nonconforming structure and uses. City
Staff has also met with the respective shopping center owners to discuss the Plan
and contemplated redevelopment within the area. In order for the goals and
objectives of the Plan to be met changes to the existing shopping centers will need
to ultimately take place.
5. Cal -Trans 1-5 Widening: Concerns about the Cal -Trans 1-5 widening at Red Hill
Avenue (if the widening would cause the relocation of the existing retaining wall
and will take away parking).
Response: The 1-5 widening project is a collaboration between the Orange County
Transportation Authority (OCTA) and the California Department of Transportation
(Caltrans) to relieve congestion by increasing capacity and improving traffic
operations on both sides of the segment of 1-5 between SR -55 and 1-405. The City of
Tustin, as a stakeholder, has taken part in the process at monthly Project
Development Team meetings since the environmental phase of the project study
began in 2014. The alternatives include a No Build Alternative (Alternative 1) and
one Build Alternative (Alternative 2) which proposes to add one general purpose lane
and improve deficiencies in each direction. Alternative 2 has two design variations
(2A and 213) related to the use of Caltrans design standards. Alternative 2A results in
the most significant impacts, environmental and monetary, including moving the
retaining walls that may affect the street width of Nisson Road between Red Hill
Avenue and Browning .Avenue. Alternative 2A has an estimated price tag of $960
million versus an estimated cost of $480 million for 2B. Alternative 2B is the same
as Alternative 2A except it includes Caltrans non-standard reduced lane and
shoulder widths in certain areas (this alternative does not require the relocation of
the existing wall). Alternatives 2A and 2B are the same as far as traffic volume and
traffic operations.
The 1-5 widening project is currently in the environmental review process funded by
OC Go (formerly Measure M), a ballot measure approved in 2006 by voters with the
promise of bringing relief to freeway mainline congestion. The environmental impacts
of the project alternatives were recently presented at public hearings in May 2018.
Ramp intersections would be improved only if significantly impacted by the project,
and according to the environmental study, the project does not significantly impact
the ramp intersections or adjacent intersections in the City of Tustin including Red
Hill Avenue. Therefore, the 1-5 widening project is not required to improve the 1-5 on-
Red Hill Avenue Specific Plan
October 16, 2018
Page 29
and off -ramp intersections on Red Hill Avenue. At this time, the exact date for project
construction is unknown since there is currently no construction funding, but for
analysis purposes it is assumed that the opening year is 2030.
6. School Impacts: With the 500 additional residential units in the Project area there
will be additional children living in the area; how will that affect the existing schools
within Tustin?
Response: As stated in the Program EIR, if full build -out occurs there are
approximately 146 students that would be introduced into the attendance area of
the Tustin Unified School District with the 500 additional residential units in the Red
Hill Avenue Specific Plan area. TUSD has indicated that there is adequate
capacity to serve these students. Through the issuance of building permits, future
development projects within the Plan area will be required to pay developer fees
to the school district and payment of the adopted fee would provide full and
complete mitigation of school impacts.
7. Water Infrastructure: How will the 500 additional new units impact the existing
water system within Tustin?
Response: The Program EIR analyzed the existing water supply, sources and
ultimate build -out within the City and the City's 2015 Urban Water Management
Plan (UWMP). The anticipated growth within the RHASP area falls within the
assumptions made for growth in the City through 2040 and sufficient water supply
exists to serve the proposed uses and additional 500 units identified in the Specific
Plan. In addition, future development within the Specific Plan area would need to
comply with the Green Building Code which includes performance standards for
plumbing fixtures, construction waste management plans, and reduction in
construction waste. Future development would also be required to comply with the
City's Water Efficiency Landscape Ordinance for new exterior landscaping or
rehabilitation of existing landscaped areas.
8. Affordable Housing: Concerns of lack of affordable housing and the provision of
affordable units within the Specific Plan.
Response: The City has recently adopted a Workforce Housing Ordinance that
will require future developers within the Project area to provide affordable housing
units to address the need for a variety of housing types and diverse socioeconomic
needs of all community residents. This Ordinance would apply in conjunction with
the Residential Reservation Allocation (RAR) process, which is included in both
the Downtown Commercial Core Specific Plan and the Red Hill Avenue Specific
Plan areas. Unless specifically exempted, all residential projects are required to
provide workforce housing units on the same site as the residential project.
Depending upon the level of affordability, the project will be required to set aside
between 5-15% of the units for affordable housing.
Red Hill Avenue Specific Plan
October 16, 2018
Page 30
9. Parkland Fees: A request has been received to consider a required parkland in -
lieu fee of $8,000 per unit.
Response: .The City has clarified the method of calculation for the Parkland fee
that is to be paid in -lieu of actual parkland dedication. This method is consistent
with the City's parkland dedication and in -lieu fee provision and is based upon 2.24
average persons per dwelling unit, a $2,500,000 land value and a dedication rate
of three (3) acres of parkland per one thousand (1,000) persons. At . the
September 25, 2018 Planning Commission meeting, the Planning Commission
recommended that parkland in the area be a priority and fees be focused within or
adjacent to the Specific Plan area.
10. Open Space: — Concern that there won't be any new parks in an already open
space deficient area.
Response: The Final Program EIR describes and analyzes the availability of and
anticipated demand on parks and recreation opportunities proximate to the
Specific Plan. There are two (2) existing parks adjacent to the Specific Plan area;
Pine Tree Park located at the corner of Red Hill Avenue and Bryan Avenue and
Frontier Park located at the comer of Mitchell Avenue and Utt Drive, just west of
Red Hill Avenue. The City's General Plan identifies policies in the Open
Space/Conservation/Recreation Element and establishes a parkland standard of
3 acres of usable parkland per 1,000 residents. Based on the ratio of 3 acres per
1,000 residents, all residential units as part of a new mixed use project within the
Specific Plan area will be required to either dedicate the required acreage or pay
a parkland dedication fee, if no land is provided. Please refer to Mitigation Measure
4.12-1 contained within Attachment L.5. In addition, the Planning Commission
recommended that the fees collected be reinvested back into the area.
11. Sidewalks: Sidewalks need to be wide enough for multiple people to walk side by
side, wheelchair use and mandate bike lanes.
Response: A 4 -foot minimum landscaped parkway (adjacent to the existing curb
line) with a 4 -foot minimum sidewalk are requirements within the Specific Plan.
Sidewalks and landscaped parkways can both be greater than 4 -feet, if desired for
a particular project. Chapter 5 of the Specific Plan requires ample width and design
for ADA access along sidewalks and pathways. A Class II on -street bikeway is
planned on both sides of Red Hill Avenue within the Plan area. This bikeway will
connect with the existing bikeway segment on both sides of Red Hill Avenue
between EI Camino Real and Nisson Road.
12. Plant Palette: Do not use Magnolia or Carrotwood trees since they consume too
much water and have surface roots that heave sidewalks. Please consider
Chinese Pistache as a better option.
Red Hill Avenue Specific Plan
October 16, 2018
Page 31
Response: The proposed plant palette within the Specific Plan includes a total of
six (6) types of parkway trees which includes the Brisbane Box, Japanese Zelcova,
After Dark Peppermint Willow, Australian Willow, Crape Myrtle and Fruitless Olive.
The Chinese Pistache, Native California Sycamore and Honeylocust are trees
proposed for the landscape medians.
13. Airborne Pollutants: Concerns about air pollutants that may affect students who,
walk to and attend the various schools adjacent to the Plan area.
Response: Airborne pollution is a regional concern within the Southern California
region. The Final Program EIR for the Red Hill Avenue Specific Plan included an
analysis of air quality and related pollutants through the applicable South Coast Air
Quality Management District's (SCAQMD) Air Quality Management Plan (AQMP).
Please refer to Attachment L.6. for a detailed discussion on this topic and Findings
and Facts in Support of Findings and the Statement of Overriding Considerations
regarding this topic.
14. Non -Conforming Buildings/Uses/Structures: How and when will existing
shopping centers be required to comply with the Specific Plan? What about future
remodeling of the existing shopping centers and the TCC 50 percent assessed
valuation for legal non -conforming structures and uses?
Response: The existing shopping centers within the project area will need to
comply with the Specific Plan when land uses intensify to a different land use
classification (i.e. from retail to assembly, daycare, medical, restaurant, etc. or any
other parking/traffic intensification), when an expansion is made to occupy greater
land area or new structure or when anew development project is constructed. The
is consistent with the City's current practice and policy in accordance with the TCC.
The existing shopping centers within the Plan area are considered legal non-
conforming relative to site design and arrangement. In accordance with TCC
Section 9273 (b), legal non -conforming structures may be maintained, repaired or
portions thereof replaced, as long as the maintenance, repairs or replacements do
not exceed fifty (50) percent of the structure's assessed valuation. If more than
50 percent of the buildings' assessed valuation is remodeled or upgraded, then
requirements of the Specific Plan such as additional landscaping, parking lot layout
or improvements to circulation, reduction in curb cuts at the street, etc. would be
required.
15. Damage and Destruction of Buildings through an Act of God/Ability to Re -
Build: Can the existing shopping centers be rebuilt if they are destroyed or
damaged by an Act of God?
Red Hill Avenue Specific Plan
October 16, 2018
Page 32
Response: In accordance with TCC Section 9273 (d), a legal non -conforming
structure that is destroyed by more than fifty (50) percent of its replacement value
at the time of its destruction by fire, explosion or other casualty of Act of God, the
structure may be restored or used but it must be in compliance with the regulations
existing in the district wherein it is located. In other words, if the shopping center
is somehow completely damaged through an Act of God, it can be re -built or
reconstructed and it must be in compliance with the Specific Plan.
PLANNING COMMISSION ACTIONS AND RECOMMENDATION
At the September 25, 2018 Planning Commission meeting, the Commission adopted
Resolutions Nos. 4367, 4368 and 4369 recommending the adoption of the FPEIR and
approval of the Plan to the City Council. The recommendation of the Commission also
included the following amendments to the Red Hill Avenue Specific Plan which are listed
below:
Errata to the Specific Plan:
1. Revise the maximum number of stories/height to four (4) stories and an overall
maximum building height of fifty (50) feet.
2. Require as standard, additional on-site parking and a parking management plan
within the Specific Plan.
3. Require as a finding, in allocation of the 500 Residential Allocation Reservations
units, the City shall consider an equitable distribution within the Specific Plan Area
such that no one parcel received a disproportionate number of units.
4. Require and revise the commercial landscape requirement to follow TCC.
5. Revise and clarify the language relative to non -conforming uses and when
compliance with the Specific Plan is required.
6. Revise the implementation and administration section of the Specific Plan to be
consistent with the new language for non -conforming uses
In addition to the Errata, the following concerns were also included in the Planning
Commission's action for the City Council to address (see Attachment J):
• Traffic and circulation impacts related to Red Hill Avenue and Interstate 5
freeway — more specifically, the future widening of the 1-5 freeway and the
potential impact Red Hill Avenue. That City involvement in the planning process
of the 1-5 widening be a continued priority to address and improve traffic flow
• Parkland fees — that parkland in the area be a priority and fees be focused within
or adjacent to the Specific Plan area.
• Issues related to non -conforming uses/buildings/sites.
CONCLUSION
Red Hill Avenue Specific Plan
October 16, 2018
Page 33
The proposed Red Hill Avenue Specific Plan will improve and enhance this area of the
City and the region. The development standards, design criteria and associated
processes included in the Plan will achieve the goal of continuing the Red Hill Avenue
vehicular corridor and maintaining the existing commercial area while at the same time
encourage new development and enhancements to existing development within the area
through the allowance of mixed use development that includes residential.
Staff is recommending that the City Council consider the Planning Commission
recommendation and this staff report; find that the Final EIR adequate; adopt a Statement
of Overriding Considerations; and approve the project as revised in the Errata (see
Attachment J).
Erica H. Demko z, AICP
Senior Planner
I zl��
Elizabeth A. Binsack
C
Director of Community Development
Red Hill Avenue Specific Plan
October 16, 2018
Page 34
Attachments:
A. Red Hill Avenue Specific Plan Project Boundary Map
B. Red Hill Avenue Specific Plan Land Use Map
C. PC Minutes dated August 14, 2018
D. Draft PC Minutes dated September 25, 2018
E. Approved PC Resolution Nos. 4367, 4368 and 4369 (w/out attachments)
F. Public Comments Received
G. Excerpt of Public Comments & City Responses from 9/25/18 PC Staff Report
H. Excerpt of Public Comments & City Responses from 8/14/18 PC Staff Report
1. PC Reports dated 9/25/18 and 8/14/18
J. RHASP Errata List
K. Average Daily Traffic (ADT) Exhibit
L. Resolution No. 18-73: Final Program EIR
1. Draft Program EIR (Volume 1)
2. Draft Program EIR (Volume 2 — Technical Studies)
3. Response to Comments
4. Statement of Overriding Considerations
5. Mitigation Monitoring and Reporting Program (MMRP)
6. Findings and Facts in Support of Findings of Statement of Overriding
Considerations for Final Program Environmental Impact Report
M. Resolution No. 18-74: GPA 2017-01
1. Exhibit A — General Plan Consistency Analysis/Findings
2. Exhibit B — General Plan Text Amendment
3. Existing and Proposed General Plan Maps
N. Ordinance No. 1498 — Adoption of the Red Hill Avenue Specific Plan
1. Exhibit A: Red Hill Avenue Specific Plan — July 2018
2. Exhibit B: Zoning Map Revision