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HomeMy WebLinkAbout02 PC REPORT DCCSP AMENDMENT WELLINGTON PLAZA DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 AGENDA REPORT ITEM #2 MEETING DATE: AUGUST 25, 2020 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT 2020-00001 FOR WELLINGTON PLAZA APPLICANT: ART BASHMAKIAN SAGECREST PLANNING AND ENVIRONMENTAL 2400 E. KATELLA AVENUE, SUITE 800 ANAHEIM, CA 92806 TUSTIN, CA 92780 PROPERTY MULTIPLE OWNERS (ON FILE) OWNERS: LOCATION: 505-515 E. FIRST STREET GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN ZONING: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN ENVIRONMENTAL: THE PROPOSED SPECIFIC PLAN AMENDMENT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 14, CHAPTER 3, SECTIONS 15060 (C) (2) (THE ACTIVITY WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT) AND 15060(C)(3) (THE ACTIVITY IS NOT A PROJECT AS DEFINED IN SECTION 15378) BECAUSE IT HAS NO POTENTIAL FOR RESULTING IN A PHYSICAL CHANGE TO THE ENVIRONMENT, DIRECTLY OR INDIRECTLY. REQUEST: A REQUEST TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN TO ALLOW ONLY OFFICE USES TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET. DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 DCCSP SPA 2020-00001 August 25, 2020 Page 2 m �y ~ P a, t: RECOMMENDATION: That the Planning Commission adopt Resolution No. 4407, recommending that the City Council adopt Ordinance No. 1509 approving Specific Plan Amendment (SPA) 2020- 00001 to amend the Downtown Commercial Core Specific Plan (DCCSP) applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings located at 505-515 E. First Street. APPROVAL AUTHORITY: Government Code Section 65453 requires that a SPA 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 DCCSP planning area (see Figure 1) consists of approximately 220 acres located in the northern portion of Tustin, and is centered around the intersection of Main Street and EI Camino Real in Old Town Tustin. The DCCSP boundaries extend to the parcels on the north side of First Street and the east side of Newport Avenue, south to Interstate 5 (1-5), and west along First Street to State Route 55 (SR-55). DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 DCCSP SPA 2020-00001 August 25, 2020 Page 3 Yro)cct Site `y 44 *mow r r (4 Figure 1 —Downtown Commercial Core Specific Plan Planning Area Map The DCCSP was adopted on July 3, 2018 by Ordinance No. 1497 and established new zoning for the project area. The DCCSP allows retail and services uses, including offices, in addition to mixed-use residential uses (subject to approval of a residential allocation reservation) within Development Area 3, in which Wellington Plaza is located. Prior to the adoption of the DCCSP, the owners of the Wellington Plaza office condominium complex at 505-515 E. First Street expressed concerns about non-office commercial uses being approved to operate at Wellington Plaza. These commercial uses were allowed by right under the previous First Street Specific Plan and would continue to be allowed under the DCCSP. The owners expressed an interest in rezoning the property such that only office uses would be allowed, but given the pending adoption of the DCCSP, City staff requested that any changes to Wellington Plaza be deferred until after adoption of the DCCSP. Rather than removing Wellington Plaza from the DCCSP and rezoning the property, staff is recommending the proposed minor text amendment to the DCCSP that would have the effect of allowing office uses only on the property. DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 DCCSP SPA 2020-00001 August 25, 2020 Page 4 Site Location and Description Wellington Plaza is located at 505-515 E. First Street at the Intersection of First Street and Centennial Way (see Figure 2). Multiple family dwellings are located to the north and east of the site, while commercial uses are located to the south and west of the site. The property is zoned and designated by the Tustin General Plan as DCCSP. _... _. Project Site Y � 1 71 Figure 2— Project Site Aerial Wellington Plaza consists of five (5) two-story office buildings totaling approximately 27,000 square feet on a 1.3-acre site. Each of the five (5) buildings are divided into eight (8) office condominium suites. Wellington Plaza was constructed in 1980. Specific Plan Amendment Proposed SPA 2020-00001 consists of a minor text amendment that would allow office uses only at Wellington Plaza, except in the event of destruction by natural occurrence, the property could be redeveloped in accordance with the DCCSP, which would allow a broader range of uses. A similar approach is followed in the DCCSP for the Prospect DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 DCCSP SPA 2020-00001 August 25, 2020 Page 5 Village Planned Community in Old Town, which retains separate development regulations that are unique to the site. The proposed text amendment would be contained within a new Section 3.2.3. and would read as follows: 3.2.3 Uses within Wellington Plaza Permitted uses at Wellington Plaza located at 505-515 E. First Street shall be limited to general and professional offices; banks, financial institutions, and credit unions; Photography studios, and tutoring facilities. Other uses, such as the various retail and other service uses allowed in Development Area 3 (DA-3), would only be allowed in accordance with the DCCSP if the site were completely redeveloped following damage by a natural occurrence. Senate Bill No. 330 SPA 2020-00001 is consistent with Senate Bill (SB) 330, which aims to restrict residential downzoning and prohibits a county or city, from enacting a development policy, standard, or condition that would have the effect of changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the city as in effect on January 1, 2018. As the zoning of the property in effect on January 1, 2018, was the First Street Specific Plan, which allowed commercial uses, but did not allow the residential uses or mixed-use residential uses on the property that are protected by SB 330, and allowed by the DCCSP, consistency with SB 330 has been met. Native American Tribal Consultation Pursuant to California Government Code Section 65352.3 (Senate Bill 18), the City followed the statutory Native American tribal consultation requirements by obtaining a tribal consultation list from the Native American Heritage Commission (NAHC) and notifying representatives of the seven (7) identified Native American Tribes of SPA 2020- 00001. The Gabrieleno Band of Mission Indians - Kizh Nation requested consultation, which was held on July 2, 2020. As no ground disturbance activities are associated with SPA 2020-00001, there were no concerns identified during the consultation, and consultation concluded on July 17, 2020. ENVIRONMENTAL: On June 19, 2018, the Tustin City Council adopted Resolution No. 18-24 adopting and certifying the Final Environmental Impact Report for the DCCSP project. DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 DCCSP SPA 2020-00001 August 25, 2020 Page 6 The proposed SPA is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. CONCLUSION: The proposed minor SPA would retain the integrity of the DCCSP while meeting the objective of the Wellington Plaza owners to retain the character of the office complex. Accordingly, staff is recommending that the Planning Commission recommend that the City Council approve the proposed amendment to the DCCSP. �C& �A ivu 08/19/20 20 3 Q'-• OULke - 3/19/20 20 Scott Reekstin Justina L. Willkom Principal Planner Acting Director of Community Development Attachments: A. Location Map B. Resolution No. 4407 C. Draft Ordinance No. 1509 and Exhibit 1 DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 ATTACHMENT A LOCATION MAP DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 300 foot, 500 foot, and 1,000 foot Radius Map , r 1,000 foot 500 foot d 9 300 foot ���ti r•� 1 -. r iI u c ♦ S _ ✓r r i Location Map 505-515 E. First Street (Wellington Plaza) Project # SPA 2020-00001 DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 ATTACHMENT B RESOLUTION NO. 4407 DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 RESOLUTION NO. 4407 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT (SPA) 2020- 00001 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) SUCH THAT ONLY OFFICE USES WILL BE ALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET. I. The Planning Commission finds and determines as follows: A. That a proper application for SPA 2020-00001 was filed by Art Bashmakian of Sagecrest Planning and Environmental, on behalf of the owners of the Wellington Plaza office condominium complex, requesting authorization to amend the DCCSP applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings. B. That the DCCSP, which was adopted on July 3, 2018 by Ordinance No. 1497, allows retail and services uses, including offices, in addition to mixed-use residential uses (subject to approval of a residential allocation reservation) within Development Area 3, in which Wellington Plaza is located. C. That the owners of Wellington Plaza are desirous of maintaining the property as an office complex only so as to retain the character of the property and ensure compatibility among uses on the site. Office uses are generally non-disruptive in nature, have similar hours of operation, and are less impactful on adjacent uses than are some general retail and service uses. D. That SPA 2020-00001 is consistent with Senate Bill 330, which prohibits a county or city, from enacting a development policy, standard, or condition that would have the effect of changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018, in that the zoning of the property in effect on January 1, 2018, was the First Street Specific Plan, which allowed commercial uses, but did not allow residential uses or mixed-use residential uses on the property, which are allowed by the DCCSP. DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 E. That SPA 2020-00001 is consistent with the Tustin General Plan in that office uses are allowable uses pursuant to the Downtown Commercial Code Specific Plan Land Use Designation. In addition, SPA 2020-00001 is consistent with the General Plan Land Use Element goals and policies to achieve balanced development and ensure that compatible and complementary development occurs. F. That the City's Public Works Department, Police Department and Building Division have reviewed and support the proposed project, as conditioned. G. That a public hearing was duly called, noticed, and held for SPA 2020- 00001 on August 25, 2020, by the Planning Commission. H. That the proposed SPA is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1509 approving SPA 2020-00001 attached hereto as Exhibit A, to amend the DCCSP applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings located at 505-515 E. First Street. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2020. AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California and that Resolution No. 4407 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 25th day of August, 2020. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 ATTACHMENT C DRAFT ORDINANCE NO. 1509 AND EXHIBIT 1 DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 ORDINANCE NO. 1509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2020-00001 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) SUCH THAT ONLY OFFICE USES WILL BE ALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That a proper application for Specific Plan Amendment 2020-00001 was filed by Art Bashmakian of Sagecrest Planning and Environmental, on behalf of the owners of the Wellington Plaza office condominium complex, requesting authorization to amend the Downtown Commercial Core Specific Plan (DCCSP) applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings. B. That the DCCSP, which was adopted on July 3, 2018 by Ordinance No. 1497, allows retail and services uses, including offices, in addition to mixed use residential uses (subject to approval of a residential allocation reservation) within Development Area 3, in which Wellington Plaza is located. C. That the owners of Wellington Plaza are desirous of maintaining the property as an office complex only so as to retain the character of the property and ensure compatibility among uses on the site. Office uses are generally non-disruptive in nature, have similar hours of operation, and are less impactful on adjacent uses than are some general retail and service uses. D. That SPA 2020-00001 is consistent with Senate Bill 330, which prohibits a county or city, from enacting a development policy, standard, or condition that would have the effect of changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018, in that the zoning of the property in effect on January 1, 2018, was the First Street Specific Plan, which allowed commercial uses, but did not allow residential uses or mixed use residential uses on the property, which are allowed by the DCCSP. DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 Ordinance No. 1509 SPA 2020-00001 Page 2 E. That SPA 2020-00001 is consistent with the Tustin General Plan in that office uses are allowable uses pursuant to the Downtown Commercial Code Specific Plan Land Use Designation. In addition, SPA 2020-00001 is consistent with the General Plan Land Use Element goals and policies to achieve balanced development and ensure that compatible and complementary development occurs. F. That a public hearing was duly called, noticed, and held on said application on August 25, 2020, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4407 recommending that the Tustin City Council approve SPA 2020- 00001 by adopting Ordinance No. 1509. G. That on September 15, 2020, a public hearing was duly noticed, called, and held before the City Council concerning SPA 2020-00001 (Ordinance No. 1509). H. That the proposed Specific Plan Amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. SECTION 2. The Downtown Commercial Core Specific Plan is hereby amended by adding Section 3.2.3 to read as provided for in Exhibit 1. SECTION 3. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 6t" day of October, 2020. DR. ALLAN BERNSTEIN, MAYOR DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 Ordinance No. 1509 SPA 2020-00001 Page 3 ATTEST: ERICA N. YASUDA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1509 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. 1509 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 15th day of September, 2020, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 6th day of October, 2020, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Erica N. Yasuda, City Clerk Published: DocuSign Envelope ID:3D743E42-3320-4BDE-8CA3-328992BEE5B9 Exhibit 1 to Ordinance No. 1509 3.2.2 Uses within Planned Community Designations All existing Planned Communities (PCs) within the DCC will receive the applicable DCCSP land use designation.To facilitate implementation of the DCCSP,when new development on former PC designated parcels occurs,the proposed development shall conform to the requirements of the DCCSP. However,the Prospect Village live/work project located at the northwest corner of Prospect Avenue and Main Street was approved by Ordinance 1361, which shall be retained to identify the commercial uses permitted within this development.Through Ordinance 1361 this property will retain the PC standards approved as part of the project and if damaged by a natural occurrence, the development may be rebuilt consistent with the original approved PC provisions, or may redevelop consistent with the DCCSP provisions. 3.2.3 Uses within Wellington Plaza Permitted uses at Wellington Plaza located at 505-515 E. First Street shall be limited to general and professional offices; banks, financial institutions, and credit unions; photography studios, and tutoring facilities. Other uses, such as the various retail and other service uses allowed in Development Area 3 (DA-3), would only be allowed in accordance with the DCCSP if the site were completely redeveloped following damage by a natural occurrence.