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HomeMy WebLinkAboutPC RES 4407 DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 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 Iirolhiilbiits a county or city, firoirn enacting a development Ipolicy, standard, or condition that wound Ihave the effect of clhangiing the hand use designation or zoning of a Iaircell or Iaircells of property to a (less intensive use or ireducing the intensity of hand use within an existing zoning diistiriict Fellow what was allowed undeir the geneirall I Ilan or specific I Ilan hand 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 IPlan, wlhiiclh allowed coirnirneirciiall uses, Ibut did not allow iresiidentiiall uses or irniixed use iresiidentiiall uses on the property, wlhiiclh acre allowed Iby the II:::)CCSII . DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 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. am� A-A bw 08/26/20 20 AMY MASON Chairperson 3� . C-�• 01koyo, 08/26/20 20 JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 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: Chu, Gallagher, Jha, Kozak, Mason (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: /"ak"'_ J TINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 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 Iirolhiilbiits a county or city, firoirn enacting a development Ipolicy, standard, or condition that wound Ihave the effect of clhaingiing the hand use designation or zoning of a Iaircell or Iaircells of property to a (less intensive use or ireducing the intensity of hand use within an existing zoning diistiriict Fellow what was allowed undeir the geneirall I Ilan or specific I Ilan hand use designation and zoning oirdiinainces 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 IPlan, wlhiiclh allowed coirnirneirciiall uses, Ibut did not allow iresiidentiiall uses or irniixed use iresiidentiiall uses on the property, wlhiiclh acre allowed Iby the II:::)CCSII . DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 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:0089802D-743F-4A67-A4E4-E77440252841 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:0089802D-743F-4A67-A4E4-E77440252841 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.