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Home My WebLink About14 SECOND READING AND ADOPTION OF ORDINANCE NO. 1498Agenda Item 14 AGENDA REPORT RCty Manager Finance Director N/A MEETING DATE: NOVEMBER 6, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ERICA N. YASUDA, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1498 SUMMARY: Ordinance No. 1498 amends the Tustin City Code by approving Zone Change 2017- 00001 including adoption of the Red Hill Avenue Specific Plan (SP -13) and related amendments to the Tustin Zoning Map. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1498. BACKGROUND: On October 16, 2018, the City Council had first reading by title only of the following Ordinance: ORDINANCE NO. 1498 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 2017-00001 INCLUDING ADOPTION OF THE RED HILL AVENUE SPECIFIC PLAN (SP -13) AND RELATED AMENDMENTS TO THE TUSTIN ZONING MAP Attachment: Ordinance No. 1498 ORDINANCE NO. 1498 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 2017- 00001 INCLUDING ADOPTION OF THE RED HILL AVENUE SPECIFIC PLAN (SP -13) AND RELATED AMENDMENTS TO THE TUSTIN ZONING MAP. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That the Tustin City Council has indicated a desire to encourage revitalization and economic development while emphasizing business retention and attraction for the Red Hill Avenue area. Many of the existing commercial shopping centers and retail areas within the Specific Plan area represent antiquated site planning and layout. As a result, the area has not reached its full potential. Based upon this, the Tustin City Council initiated preparation of the Red Hill Avenue Specific Plan and supporting documents with the intent of encouraging economic development and business attraction and development with the area. B. That in February 2016, the City Council authorized the preparation of the Red Hill Avenue Specific Plan and related supporting documents. C. That to facilitate the intended vision and implementation of the Red Hill Avenue Specific Plan project, the preparation of a Specific Plan, General Plan Amendment (GPA) 2017-00001 and Zone Change 2017-00001. D. That SP -13 would establish a new, integrated mixed use land designation for the area and would include residential uses in addition to commercial, retail and office uses. The mix of uses would facilitate development in the area and provide incentives to redevelop existing underutilized parcels. The Red Hill. Avenue Specific Plan would allow up to 500 additional residential units and 325,000 square feet of additional non-residential square footage to the area. E. That California law requires that a specific plan be consistent with the general plan of the adopting locality. A General Plan Consistency Analysis has been prepared as part of the Red Hill Avenue Specific Plan that finds the project to be consistent, with adoption of the proposed General Plan Amendments. F. That SP -13 (Ordinance No. 1498) will be consistent with the Tustin General Plan, as amended by GPA 2017-00001. That the proposed SP - 13 will further the goals and policies for the long-term growth, development and revitalization of the Red Hill commercial corridor; G. That between July 2015 and February 2018, a total of three (3) public workshops were held for the project. The purpose of the workshops was to receive comments on the Draft Specific Plan. The final workshop was also a joint study session between the Planning Commission and City Council where the final draft Specific Plan was presented and additional comments were voiced and/or submitted in writing; H. That California Government Code Section 65450 establishes the authority for cities to adopt specific plans, including a requirement that the City's Planning Commission must provide a recommendation on the proposal to the City Council, the final approval authority for the project. I. That the City of Tustin, as Lead Agency, has determined that collectively, GPA 2017-00001 and ZC 2017-00001 constitute a "project" under the California Environmental Quality Act. A Final Program Environmental Impact Report (FPEIR) has been prepared and environmental impacts associated with the Red Hill Avenue Specific Plan project have been analyzed as referenced in Resolution 18-73. J. That as part of the approval process for the RHASP (SP-13)/Zone Change and the General Plan Amendment and the associated actions thereto, the FPEIR must be adopted/certified by the City Council prior to or concurrently with approval of the project. That the City Council has considered the FPEIR prior to or concurrently with approval of the project. K. That a public hearing was duly called, noticed, and held on the proposed project on August 14, 2018, by the Tustin Planning Commission. At the meeting, the Planning Commission took public testimony and continued the public hearing to September 25, 2018. L. That a continued public hearing for the Red Hill Avenue Specific Plan (SP - 13) was held on- September 25, 2018 and the Planning Commission adopted Resolution No. 4369 recommending that the City Council adopt Ordinance 1498. M. That a public hearing was duly called, noticed, and held on the proposed project October 16, 2018, by the Tustin City Council. N. That on October 16, 2018, the Tustin City Council adopted Resolution No. 18-73 adopting and certifying the Final Environmental Impact Report for the RHASP project. O. That on October 16, 2018, the Tustin City Council adopted Resolution No. 18-74 (General Plan Amendment 2017-00001), ensuring that the RHASP project is consistent with the Tustin General Plan. SECTION 2. That the RHASP district regulations are attached hereto as Exhibit A. SECTION 3. That the City Council adopts Ordinance No. 1498 approving ZC 2017- 00001 amending the City of Tustin Zoning Map attached hereto as Exhibit B and adopt the Red Hill Avenue Specific Plan. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that is would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 6th day of November, 2018. ELWYN A. MURRAY, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN CERTIFICATION FOR ORDINANCE NO. 1498 I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1498 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 16th day of October, 2018, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 6th day of November, 2018, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk Exhibits: A. Final Draft Red Hill Avenue Specific Plan — dated July 2018 B. Revision of the Tustin Zoning Map