HomeMy WebLinkAbout16 DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT (SPA) 2022-0001 (ORDINANCE NO. 1525)DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
AGENDA REPORT
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M ETING DATE
ETO
FRO
SUBJECT:
SUM RY:
UG ST 16, 2022
TTHEW S. W ST, CITY M NAG R
O NITY DEVELO M NT DEPARTM NT
Agenda Item 16
Reviewed: DS
City M nager
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Finance Director N/A
O TO CO RCIAL CO E SPECIFIC PLAN AM NDM NT
(SPA) 2022-0001 (O DINANCE NO 1525)
The project is a request to am nd the Downtown Com rcial Core Specific Plan
(DCCSP) to include live/work units as an allowable residential use within Developm nt
Area 6C (DA -6C subarea) of the DCCSP (SP -12). O July 12, 2022, the Planning
Com ssion adopted Resolution No. 4453 (Attachm nt C) recom nding that the City
Council approve SPA 2022-0001 and adopt O dinance No. 1525.
PRO ERTY O ERS:
M Itiple owners (Attachm nt E)
RECO NDATIO :
That the City Council introduce and have a first reading, by title only, of O dinance No.
1525 for Specific Plan Am ndm nt (SPA) 2022-0001 to am nd the Downtown
Com rcial Core Specific Plan (DCCSP/SP-12) to list live/work units as an allowable
residential use in DA -6C subarea, generally bordered on the northeast by EI Cam no
Real, on the northwest by Newport Avenue, and on the south by Interstate 5 (1-5), and
set the second reading of the ordinance at the next regularly scheduled City Council
m eting.
FISCAL IM ACT:
No im acts to the G neral Fund are anticipated from the Specific Plan Am ndm nt.
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CO RELATIO TO THE STRATEG C PLAN:
The proposed project furthers the objectives of the City's Strategic Plan G al A of
Econom c and Neighborhood Developm nt in that it m ets the following strategies:
• trategy 14a. Develop a strategic plan for Tustin's developm nt which focuses on S
in -fill developm nt in the Downtown Com rcial Core; and
• trategy 15. Create affordable workforce housing options.
APPRO AL AUTHO ITY
G vernm nt Code Section 65453 requires that a specific plan am ndm nt be prepared
in the sam m nner as a general plan, except that a specific plan m y be adopted by
resolution or ordinance and m y be am nded as often as deem d necessary by the
legislative body.
BACKG O ND:
The DCCSP planning area (see Figure 1) consists of approxim tely 220 acres centered
around the intersection of M in Street and EI Cam no Real in O d 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).
The DCCSP includes six (6) Developm nt Areas (DA), with DA -6 further divided into three
(3) subareas (DA -6A, DA -613, DA -6C).
rigure i — u�.wr rianning Area ivi p, ueveiopm ni Areas,
and Project Location
S
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Site Location and Description
The proposed SPA 2022-0001 covers all properties within DA -6C subarea of the DCCSP.
DA -6C subarea is bordered on the northeast by EI Cam no Real, on the northwest by
Newport Avenue, and on the south by Interstate 5 freeway (1-5) (See Figure 1 and Figure
2).
DA -6C subarea is approxim tely 3.3 acres and encom asses nine (9) parcels. Five (5)
properties in DA -6C are im roved with three (3) com rcial buildings consisting of an
existing restaurant with drive-thru, a self-service car wash, and an anim I hospital. The
rem ining parcels are vacant land.
DA -6C subarea allows a variety of retail, service, office, food service, m dical, hospitality,
and auto service uses. Residential uses are an allowable use in DA -6C subarea in an
integrated m xed-use form t, subject to the Residential Allocation Reservation (RAR)
discretionary approval process.
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Figure 2 — Project Site Aerial (DA -6C subarea)
Specific Plan Am ndm nt
The proposed SPA 2022-0001 consists of a text am ndm nt to the DCCSP to list
live/work units as an allowable residential use in DA -6C subarea (Figure 3). Live/work
units are a perm tted use in various developm nt areas of the DCCSP; however, m xed-
use residential is currently the only residential use allowed in DA -6C. The City has
initiated the proposed SPA 2022-0001 after taking into consideration that DA -6C is
irregular in shape, adjacent to the 1-5 freeway, detached and resem les an island from
the surrounding areas, and presents developm nt potential challenges. SPA 2022-0001
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to allow live/work units within DA -6C would provide flexibility while still achieving the
DCCSP goals and objectives.
The DCCSP allows for integrated com rcial and residential in a m xed-use or live/work
setting. ypically, xed-use evelopm nt ould ave eparate om rcial
com onents from the residential units including their entrances, parking and am nities.
There are two (2) basic types of integrated m xed-use developm nt: vertical and
horizontal.
• ertical m xed-use occurs when the residential use is located above the ground V
floor com rcial use.
• orizontal m xed-use occurs when a residential use is located on the first floor in H
a separate building from com rcial use, but on the sam parcel.
In contrast, live/work units are typically single units consisting of both a com rcial/office
and a residential com onent that is occupied by the sam resident. The DCCSP has
one (1) live/work unit project called Prospect Village located at the northwest corner of
Prospect Avenue and M in Street. Although the Prospect Village live/work unit project
was approved and built prior to the adoption of the DCCSP, it provides an exam le of
vertical m xed-use project with com rcial uses on the ground floor.
The proposed SPA 2022-0001 to allow live/work units as a perm tted use in DA -6C would
encourage different types of integrated com rcial and residential developm nt, but still
m intain a m xed-use environm nt to provide for a well-balanced land use pattern that
accom dates existing and future needs for housing with com rcial uses on the ground
floor.
Per the DCCSP Table 5.1, live/work units are subject to the provisions applicable to
vertical m xed-use, are prohibited on principal streets, and only allowed on non -principal
streets (see Figure 3). EI Cam no Real, east of Newport Avenue, is identified as a non -
principal street, while Newport Avenue, north of the 1-5 is identified as a principal street.
M xed-use is encouraged along EI Cam no Real due to lower traffic volum s. If the
proposed am ndm nt to DCCSP is approved, live/work units would be appropriate along
EI Cam no Real in a vertical m xed-use form t.
The proposed specific plan am ndm nt would am nd Section 5.2 — Table 5.1 and would
read as follows:
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Table 5.1 — Residential Perm tted Use Table
Table 5.1— Residential Permitted Use Table
Figure 3 — Specific Plan Am ndm nt
Senate Bill No. 330
SPA 2022-0001 is consistent with Senate Bill 330, which prohibits a county or city from
enacting a developm nt 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 G neral Plan or Specific Plan Land Use designation and
zoning ordinances of the county or city as in effect on January 1, 2018. The zoning in
effect on January 1, 2018, for all properties in the current DA -6C subarea were
com rcially zoned, which allowed a m x of com rcial and office uses, but did not allow
residential uses or m xed-use residential uses, which are now allowed with the adoption
of the DCCSP in July of 2018. The proposed am ndm nt to DCCSP will not reduce the
allowable density within the existing DCCSP DA -6C subarea.
Consistency with the Tustin G neral Plan
The proposed SPA 2022-0001 is consistent with the Tustin G neral Plan in that adding
live/work units as a perm tted residential use in DA -6C com lies with the following goals,
policies, and special m nagem nt areas:
Land Use Elem nt G al 1: Provide for a well-balanced land use pattern that
accom dates existing and future needs for housing, com rcial and industrial
DCCSP DESIGNATIONS
LAND USE
DM
(1) (2) (3) (4) (5)
Cl
MF
MH
f of
note
Corresponding DA Number
`oa
a
0
a
0
d
0
d
0
d
0
oa
0.o a❑
o.oa
d
o
oa
ao
RESIDENTIAL
Residential in historic single-family P
residences
Multifamily residential -- — -- -- -- — _ --
R -- 2,3
Mixed-use residential R R R R R R — --
-- --
Live/work units -- — R R R R — --
— -- 4,5
Mobile home parks -- -- -- -- -- — — --
-- P
Key:
P Permitted Use requires Design Review in compliance with Chapter 6, Administration and Implementation Plan.
R Requires discretionary approval of a Residential Allocation Reservation in compliance with Chapter 6,
Administration and Implementation Plan.
— Prohibited Use
Footnotes:
1. See DCCSP Section 3.2.1 of Special Use Restrictions.
2. Parcels existing at the time of adoption of the DCCSP within the MF land use designation are permitted one
residential unit by right, subject to TCC Section 7262, Design Review, provided the unit is deducted from the
residential bank (refer to Chapter 6).
3. See DCCSP Section 3.2.2 of Special Use Restrictions and Ordinance 1472 for approved Vintage multi -family
residential project in Multi -Family (MF).
4. Prohibited on principal streets; only allowed on non -principal streets (refer to Figure 2.3, Principal or Non -
Principal Streets) and subject to the Development Standards, Design Criteria, Entitlement Processing and
Required Findings applicable to vertical mixed Use.
5. See DCCSP Section 3 2.2 of Special Use Restrictions and Ordinance 1361 for allowable uses within
Prospect Village IiveJwork project.
Figure 3 — Specific Plan Am ndm nt
Senate Bill No. 330
SPA 2022-0001 is consistent with Senate Bill 330, which prohibits a county or city from
enacting a developm nt 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 G neral Plan or Specific Plan Land Use designation and
zoning ordinances of the county or city as in effect on January 1, 2018. The zoning in
effect on January 1, 2018, for all properties in the current DA -6C subarea were
com rcially zoned, which allowed a m x of com rcial and office uses, but did not allow
residential uses or m xed-use residential uses, which are now allowed with the adoption
of the DCCSP in July of 2018. The proposed am ndm nt to DCCSP will not reduce the
allowable density within the existing DCCSP DA -6C subarea.
Consistency with the Tustin G neral Plan
The proposed SPA 2022-0001 is consistent with the Tustin G neral Plan in that adding
live/work units as a perm tted residential use in DA -6C com lies with the following goals,
policies, and special m nagem nt areas:
Land Use Elem nt G al 1: Provide for a well-balanced land use pattern that
accom dates existing and future needs for housing, com rcial and industrial
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land, open space and com nity facilities and services, while m intaining a
healthy, diversified econom adequate to provide future City services.
Policy 1.1: Preserve the low-density quality of Tustin's existing single-fam ly
neighborhoods while perm tting com atible m Iti-fam ly developm nt to m et
regional housing needs where best suited from the standpoint of current
developm nt, accessibility, transportation and public facilities.
Policy 1.5: Encourage com atible and com lem ntary infill of previously by-
passed parcels in areas already predom nately developed.
SPA 2022-0001 com lies with the Tustin G neral Plan Land Use Elem nt G al 1, in that
adding live/work units as a perm tted m xed-use residential use in DA -6C would
encourage com atible and com lem ntary residential developm nt to m et regional
housing needs where best suited from the standpoint of existing and future developm nt
in the area, accessibility, transportation and public facilities. The proposed addition of
live/work units would encourage different types of housing, but also m intain a m xed-use
environm nt to provide for a well-balanced land use pattern that accom dates existing
and future needs for housing with com rcial uses on the ground floor.
Native Am rican Tribal Consultation
Pursuant to California G vernm nt Code Section 65352.3 (Senate Bill 18), the City
followed the statutory Native Am rican tribal consultation requirem nts by obtaining a
tribal consultation list from the Native Am rican Heritage Com ssion (NAHC) and
notifying representatives of the fifteen (15) identified Native Am rican Tribes of SPA
2022-0001. To date, City staff has not received request for consultation from any of the
tribal representatives in response to this tribal consultation notice, and the tribal
consultation request period has ended.
Public Notice
A 1/8 -page public notice was published in the Tustin News on August 4, 2022, inform ng
the public of the City Council public hearing for proposed SPA 2022-0001. In addition, the
public notice was posted at Tustin City Hall, the Tustin Library, and the Tustin Area Senior
Center.
Environm ntal Review
O June 19, 2018, the Tustin City Council adopted Resolution No. 18-24 adopting and
certifying the Final Environm ntal Im act Report (EIR) for the DCCSP project. The EIR
analyzed density and land uses in DA -6C. The addition of live/work units in DA -6C does
not increase density and are considered residential uses. Residential and com rcial
uses were analyzed in the EIR and are allowed in DA -6C. The proposed SPA 2022-0001
would not increase the boundary lim is or potential developm nt intensity of DA -6C. The
proposed SPA 2022-0001 is not subject to the California Environm ntal Q ality Act
(CEQ ) pursuant to Section 15061(b)(3) of the State CEQ G idelines (Cal. Code of
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Regs., title 14, Section 15000 et seq.) because it can be seen with certainty that there is
no possibility that the activity in question m y have a significant effect on the environm nt.
Planning Com ssion Action
O July 12, 2022, the Planning Com ssion considered the project and adopted
Resolution No. 4453 (Attachm nt C) recom nding that the City Council approve SPA
2022-0001 and adopt O dinance No.1525.
CO CLUSIO :
The proposed SPA 2022-0001 would retain the integrity of the DCCSP, provide flexibility
while adding Live/work units as an allowable residential use in DA -6C subarea. In
addition, the SPA would im lem nt the City's Strategic Plan goal of econom c and
neighborhood developm nt and would be consistent with the City's G neral Plan.
Accordingly, staff recom nds that the City Council introduce and conduct a first reading
of O dinance No. 1525 (Attachm nt D), by title only, for SPA 2022-0001 to allow
"Live/work Units" as an allowable Residential Use within Developm nt Area 6 (DA -6C
subarea) of the DCCSP (SP -12), and set the second reading at the next regularly
scheduled City Council m eting.
EDocuSigned by:
9�Q J
48DE9B3EB4D246F_..
Leila Carver
Senior Planner Consultant
DocuSigned by:
E
wia. (' t4r6ln,
2E5AE588F82047F._.
Irm HuRron
Assistant Com nity Developm nt
Director — Planning
Attachm nts:
ED—Sig"Id
by:
a�w,alJ baw'"?A&
E46A67E1957540F...
aym nd Barragan
rincipal Planner
DocuSigned by: K)"411
ED45DA2623854A5.._
ustina L. W Ilkom
om nity Developm nt Director
A. Location M p
B. Draft Planning Com ssion M nutes of July 12, 2022
C. Planning Com ssion Resolution No. 4453
D. O dinance No. 1525
a. Exhibit 1 - Proposed Specific Plan Am ndm nt
E. Property 0 ner List
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ATTACHMENT A
LOCATION MAP
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ATTACHMENT B
DRAFT PLANNING COMMISSION MINUTES
OF
J U LY 12, 2022
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JULY 12, 2022
7:05 p.m. CALLED TO ORDER.
Given. INVOCATION: Pastor Michael Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Chu
Present. ROLL CALL: Chair Mello
Commissioners Chu and Mason
Absences Commissioner Higuchi and Chair Pro Tem Kozak had excused absences.
None. PUBLIC INPUT: Hurtado confirmed no public input was received.
Approved CONSENT CALENDAR:
the Consent
Calendar, as
presented.
1. APPROVAL OF MINUTES— JUNE 14, 2022
RECOMMENDATION:
ITEM #1
That the Planning Commission approve the Minutes of the June 14, 2022
Planning Commission meeting, as provided.
2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCE FOR MEETINGS
In order for the Planning Commission to continue to have the option to meet
via teleconference during the pandemic, AB 361 requires the Commission to
make specific findings at least every thirty (30) days.
RECOMMENDATION:
Make the following findings by a majority vote of the Planning Commission:
a. A state of emergency has been proclaimed by California's Governor due
to the COVID-19 pandemic, and continues to be in effect;
b. The Commission has reconsidered the circumstances of the state of
emergency; and
Minutes — Planning Commission July 12, 2022 — Page 1 of 9
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c. State and local officials continue to recommend measures to promote
social distancing to slow the spread of COVID-19.
Hurtado Hurtado confirmed no public comments received.
Motion: It was moved by Mason, seconded by Chu, to approve the Consent Calendar, as
presented. Motion carried: 3-0-2. Higuchi and Kozak both had excused absences.
PUBLIC HEARING:
Adopted 3. CODE AMENDMENT 2022-0003 (ORDINANCE NO. 1526) — (OUTDOOR
Reso. No. DINING AND SEATING)
4454, as
presented.
SUMMARY
This Project is a City -initiated request to amend Tustin City Code (TCC)
Article 9 (Land Use). The proposed Code Amendment 2022-0003 is an
update to TCC Section 9277, the City's outdoor dining regulations. The intent
of this amendment is to increase restaurants' ability to provide outdoor dining
and seating areas while maintaining an attractive design and protecting the
public interest. The subject amendment is a response to changes in resident,
business owner, and patron preferences since the onset of the COVID-19
pandemic. If adopted, this amendment will terminate the Temporary Outdoor
Dining, Retail, and Assembly Uses Program set to expire on September 30,
2022.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4454, recommending
that the City Council adopt Ordinance No. 1526, amending Section 9277 of
Chapter 2 of Article 9 (Land Use) relating to outdoor dining to provide
increased flexibility for restaurants to establish and offer outdoor dining and
seating areas to customers.
Maldonado Presentation given.
Mason Mason commented on the vacant lots in Old Town Tustin and the owners not
developing those lots. She referred to the vacant lot next door to the Chaak
restaurant as an example. Mason commented that people park illegally in this
vacant lot and the association with the demand for parking by diners frequenting the
area. Mason asked if there have been discussions with the vacant lot owners on
how to utilize those lots during the busy weekend times. Mason also suggested the
City could close off the streets in Old Town to support outdoor dining, which she
believes would bring more people into Tustin. Mason asked if there was anything
the City could do to support interim uses of the vacant lots so as to prevent illegal
parking as more customers visit Old Town.
Minutes — Planning Commission July 12, 2022 — Page 2 of 9
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Willkom In response to Mason's questions/comments, Willkom stated that with the adoption
of the DCCSP in 2018, staff has conducted a study for potential development on
the vacant lots. However, to date the City still has not seen any development
moving forward and as such, the City Council has directed staff to look into
reassessment of the DCCSP and the RHASP. Staff was directed to work with a
consultant on strategies to incentivize development of these lots. She added that
staff recently prepared a Request for Proposal, per Council direction in order to
study the issues. Willkom also stated that the City Council recently approved the
City's budget which included public improvements to Old Town. The Public Works
Department is currently looking at potential parklets along EI Camino Real and Main
Street, including provisions of removable bollards to close off streets in Old Town
for special events.
Mello Mello asked what exposure the City has regarding civil complaints for public
properties to be used for private enterprise on a quasi -permanent basis. He also
referred to page 3 of the proposed ordinance and the operational requirements -
Subsection H (no advertising). Mello asked when advertising is/is not allowed on
overheads and canopies. He requested clarification regarding a license agreement
being required in the public right-of-way, specifically if the agreement would allow a
restaurant to place their facility in the public right-of-way to provide areas where
alcohol can be consumed. Mello asked if the outdoor dining fixtures are considered
permanent or non -permanent improvements in the public right-of-way or if they are
affixed to or floating freely. He requested clarification whether license agreements
for use of the public right-of-way require a bond or other surety regarding the
removal of those improvements when the business leaves or no longer exists.
Kendig In response to Mello's previous questions, Kendig stated that the City takes a three -
prong approach to controlling its liability for allowing the public right-of-way to be
used in these ways. The first is requiring users of restaurants to have insurance and
to name the City as an additional insured. The liability insurance provides
indemnification and defense against the claim. The second is the indemnification if
no insurance or if the insurance has been exhausted, then the restaurants, or other
use, would agree to defend and indemnify the City. Finally, Kendig added, the City
maintains its own insurance which covers the publicly owned public right-of-way
and that is how the City controls the liability long-term.
Maldonado In response to Mello's question regarding the proposed ordinance, Maldonado
referred to Subsection H, which prohibits advertising for Outdoor Seating areas
only. The reason for that restriction is due to the lack of a requirement for a formal
submittal, review, or approval process for Outdoor Seating areas. Maldonado
stated that the applicant is not going to be submitting anything to the City, so the
restriction is intended to mitigate any potential excessive advertisement.
Maldonado For the Outdoor Dining areas, permanent construction, such as patio covers, will be
reviewed through the City's Design Review process. Maldonado stated that at that
time, any proposed signage would be reviewed for compliance with the City's
Minutes — Planning Commission July 12, 2022 — Page 3 of 9
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Maldonado municipal code. Maldonado stated, that for Outdoor Dining areas, there are no
special provisions for signage and instead the use must follow the City's Sign Code.
Maldonado stated, in the public right-of-way, there could be either an Outdoor
Seating area, such as the seating area provided by American Grub in front of the
Tustin Area Museum, where the seating is not enclosed, or an Outdoor Dining area
that is fenced off with barriers such as the area in front of Chaak restaurant. The
State Alcohol Beverage Control (ABC) Department might allow the provision of
alcoholic beverages in enclosed outdoor dining areas, but in the case of an outdoor
seating area, which is not enclosed or fenced -off and only has tables and chairs,
ABC would not allow alcoholic beverages to be served since the restaurant does
not have control of that space.
Regarding outdoor dining areas, improvements in the public right-of-way are meant
to be removable in the event the City needs to use the street or sidewalk for a special
event or City activity. While the improvements need to be somewhat removable in
order to facilitate those activities, outdoor dining areas must have a defined space
to provide a sense of enclosure in place. Per the existing TCC, and the proposed
amendments, there is no specific provision requiring a bond with regards to the
improvements in the public right-of-way being removed if the business no longer
exists. However, the City has the capacity to enforce these improvements be
removed through the Code Enforcement Division.
7:34 p.m. Opened the public hearing.
Public in Support of Item #3:
Ms. Kimberly Conroy, owner of the American Grub and the Swinging Door,
generally commented on her appreciation towards staff for their support of her
businesses.
Robin Andrews, resident, generally made favorable comments regarding her
support of the item.
Dave Scott, resident, shared his support of the item.
Eldy Galietle, resident, thanked the City for their support and she was in support of
the item.
Alfio Rossetti, Roma D'Italia, thanked the City for the support during the Pandemic
and to Maldonado for his presentation. He voiced his concern that restaurants in
larger shopping centers are able to use parking spaces for outdoor dining areas and
restaurants in Old Town cannot. He suggested that the City consider allowing
businesses in Old Town to use parking spaces for outdoor dining. He recommended
that a comprehensive parking solution be considered for Old Town rather than
piecemeal.
Minutes — Planning Commission July 12, 2022 — Page 4 of 9
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Paul Bellum, owner of Rutabegorz, thanked the City for the open parking and
outdoor patio dining during the COVID pandemic. He was in support of the item.
7:43 p.m. Closed the public hearing.
Mason Mason's final comments generally included: COVID had a massive impact on local
businesses and she thanked staff and the City for acting so quickly to support
Tustin's businesses; she hopes the innovation continues for the businesses; there
are different needs that need to be acknowledged (i.e. Alfio Rossetti's previous
comments); the City needs to look for long-term solutions; and she was in support
of moving the item forward to the City Council.
Chu Chu's final comments generally included: she thanked the audience in attendance
at the meeting; she liked the City's criteria for outdoor dining was simple to follow;
glad the outdoor dining option is being looked at as a permanent solution; she was
in support of the item; and Chu made favorable comments to Maldonado for the
very detailed report.
Mello Mello concurred with his fellow Commissioners. Great points brought up from the
public. He was also in support of the item.
Motion: It was moved by Mason, seconded by Chu, to adopt Resolution No. 4454, as
presented. Motion carried: 3-0-2. Chair Pro Tem Kozak and Commissioner Higuchi
both had excused absences.
Adopted 4. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT
Reso. No. (SPA) 2022-0001
4453
APPLICANT -
SITE ADDRESS:
14042 NEWPORT AVE
14002 NEWPORT AVE
1122 EL CAMINO REAL
KWANG
CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92780
PROPERTY OWNERS:
KIM MICHAEL
3701 WILSHIRE BLVD UNIT 820
LOS ANGELES, CA 90010
FEAST FOODS LLC
41760 IVY ST UNIT 201
MURRIETA, CA 92562
YOON IN SIK AND YOON ANGELA
13046 DESTINO LN
CERRITOS, CA 90703
Minutes — Planning Commission July 12, 2022 — Page 5 of 9
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1142 EL CAMINO REAL JC VETERINARY SERVICES INC
1142 EL CAMINO REAL
TUSTIN, CA 92780
APN: 532-064-05 AND
532-074-02 STATE OF CALIFORNIA
2501 PULLMAN ST
SANTA ANA, CA 92705
LOCATION:
Development Area 6-C (DA -6C) of the Downtown Commercial Core Specific
Plan (see site addresses above).
ENVIRONMENTAL:
The proposed Specific Plan Amendment (SPA) 2022-0001 is not subject to
the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources
Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State
CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.)
because it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment.
REQUEST:
A request to amend the Downtown Commercial Core Specific Plan (DCCSP;
SP -12) to list "live/work units" as an allowable residential use in DA -6C
subarea.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4453, recommending
that the City Council adopt Ordinance No. 1525 approving SPA 2022-0001
to amend the Downtown Commercial Core Specific Plan (DCCSP; SP -12)
to list "live/work units" as an allowable residential use in Development Area
6C (DA -6C) subarea.
Carver Presentation given.
Chu Chu asked staff to explain the differentiation between mixed-use and the live/work
uses.
Carver In addition to the presentation provided, Carver provided a more detailed description
of mixed -uses and live/work uses. Prospect Village is a vertical mixed-use (vertical:
commercial use on the first floor and residential use on the second floor. Horizontal:
Minutes — Planning Commission July 12, 2022 — Page 6 of 9
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Carver residential units on one (1) part of a parcel —commercial use on another part of the
same parcel).
Willkom Willkom added that currently there are no horizontal mixed -uses in Tustin. She
mentioned Bella Terra in Huntington Beach as an example of horizontal mixed-use
where the commercial use is located separately from the residential (along the
intersections are all commercial use and behind it are residential uses). As for the
vertical mixed-use, Willkom explained it can be in a setting where commercial use
is on the ground floor and is completely separate from the residential use (i.e. The
Hill mixed-use development on Red Hill Avenue). The difference between the
vertical mixed-use and the live/work units are: live/work units do not have a separate
entrance or separate parking between the commercial use and residential use (i.e.
residents live within that unit and may use the ground floor for a small business or
coffee shop). The live/work units would be all -in -one.
Mello Mello asked if live/work use is not a subset of mixed-use and if it is considered to
be a more intense or less intense land use. He thought SB 330 did not allow the
City to use a less intense use and if so, asked if the City would be in violation of SB
330. Mello referred to the RHNA allocations and asked how SB 330 would apply to
RHNA and if SB 330 would impact the number of moderate units in the DCCSP.
Willkom In response to Mello's questions, Willkom stated that live/work use is a subset of
mixed-use and it is a less intense land use compared to the vertical mixed-use. As
she stated previously, live/work use operates as a single unit where vertical mixed-
use operates as separate commercial from the residential units. Vertical mixed-use
would typically be restaurants, gym, dry cleaner, etc. and these would be completely
separate from the residential units above it. With the live/work use, a person lives
in the unit and operates a business as well. Willkom explained that SB 330 identifies
that the City should not re -zone the property to allow lesser density. The SPA does
not change the density. The live/work use may be a less intense use, but the density
remains the same. With regards to the site, it is irregular in shape, adjacent to the
freeway and is a difficult site to design and develop. The purpose of the SPA is to
create another layer of flexibility by allowing live/work units and the City is hoping
with this amendment, the site can be designed with many of the flexibilities that the
SPA would offer.
8:10 p.m. Opened/Closed the public hearing.
Mason Mason's final comments generally included: favorable comments regarding the due
diligence staff has done with the SPA; she thanked Carver for the presentation; the
City is in line with SB 330; another unique opportunity to place housing on a blighted
piece of land; can potentially bring life to the land and bring in developers; and she
was in support of the item.
Chu Chu's final comments generally included: very creative idea to attract more
developers to this vacant lot for possible housing and small businesses. She was
also in support of the item.
Minutes — Planning Commission July 12, 2022 — Page 7 of 9
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Mello Mello stated that this is the type of change Tustin needs. Great way to facilitate and
capture development dollars. He was also in support the recommendation to the
City Council.
Chu It was moved by Chu, seconded by Mello, to adopt Resolution No. 4453, as
presented. Motion carried 3-0-2.
REGULAR BUSINESS:
Received & 5. SUMMARY OF PROJECTS
filed.
The Summary of Projects provides a high-level overview of projects and
activities processed through the Community Development and Public Works
Departments. The report focuses on the status of projects that the Planning
Commission, City Council, Zoning Administrator, or staff approved; historic
preservation projects; Code Enforcement activities; major construction and
improvement projects; and, other items of interest.
Maldonado Presentation given.
Chu Chu's questions/comments generally included: graffiti issue — she recommended
the City install a solar power stand-alone security camera system, which is widely
used in the construction industry; she suggested spending City funds in security
cameras versus graffiti removal; and she thanked Maldonado for his presentation.
Mello Mello's questions/comments generally included: he was happy to see the renovated
Jack -In -The -Box on Newport Avenue; Housing Element (HE) - the State's possible
extension to 2025; and if the City can get the HE approved by October 15, 2022.
Huitron In response to Mello's previous question, Huitron stated that the City is on track for
review of the HE and hoping that it will be certified by October 15, 2022. Staff is
tentatively planning to bring the revised HE to the Commission on September 13,
2022 with a potential City Council date of October 4, 2022. Staff has completed live
editing sessions with the State's HCD (Housing and Community Development) staff
where staff demonstrated the edits made in response to HCD's findings.
Tentatively, HCD has provided positive feedback; however, their formal review is
not conducted until they actually receive the document. There is an assembly bill
that requires staff to post the revisions to the HE for seven (7) days on the City's
dedicated HE website, which will be posted on July 13, 2022. The notice of the
revisions will be sent, via email, to all interested parties and will then be available
for review. Formal documents will be submitted to HCD the following week.
Motion: Received and filed.
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STAFF CONCERNS:
Willkom Willkom informed the Commission of Barragan's permanent position with the City
as Principal Planner. Congratulations Raymond!
COMMISSION CONCERNS:
Chu Chu thanked the City for the goodie bag received with the new City branding items.
Mason Mason commended Maldonado for his thorough presentation and the level of detail
he provided was very helpful. She also made a shout out to the new Tustin Costco
gas station. Reminder to everyone to attend Wednesdays Concerts in the Park.
Mello Mello commended staff on the Commission packet. He is seeing traction in the
City, thanks to everyone's effort! Congratulations to Barragan!
8:36 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday,
July 26, 2022.
Minutes — Planning Commission July 12, 2022 — Page 9 of 9
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ATTACHMENT C
PLANNING COMMISSION
RESOLUTION NO. 4453
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RESOLUTION NO. 4453
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, RECOMMENDING THAT THE TUSTIN CITY
COUNCIL APPROVE SPECIFIC PLAN AMENDMENT (SPA) 2022-
0001 TO AMEND THE DOWNTOWN COMMERCIAL CORE
SPECIFIC PLAN (DCCSP; SP -12) TO LIST "LIVEIWORK UNITS"
AS AN ALLOWABLE RESIDENTIAL USE IN DEVELOPMENT
AREA 6C (DA -6C) SUBAREA.
I. The Planning Commission finds and determines as follows:
A. That a Specific Plan Amendment (SPA) 2022-0001 was initiated by the
City to amend the Downtown Commercial Core Specific Plan (DCCSP; SP -
12) to list "live/work units" as an allowable residential use in Development
Area 6C (DA -6C) subarea.
B. That the purpose of the DCCSP, adopted on July 3, 2018 by Ordinance
No. 1497, is to allow residential development on commercially zoned
properties. Residential uses are an allowable use in DA -6C subarea in an
integrated mixed-use format, subject to the Residential Allocation
Reservation (RAR) discretionary approval process.
C. That 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.
D. That Mixed-use and Livelwork uses are allowed within various
Development Areas of the DCCSP as identified in the Specific Plan
document. While mixed use is permitted in DA -6C, LiveNVork is listed as
prohibited use. Live/work residential uses are allowed and have been built
in other Development Areas of the DCCSP.
E. That DA -6C is irregular in shape, adjacent to freeway, detached and
resembles an island from the surrounding areas, and presents
development potential challenges. SPA 2022-001 to allow Live/Work
within DA -6C would provide flexibility while still achieving the DCCSP goals
and objectives.
F. That SPA 2022-0001 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 properties in effect on January 1, 2018 were
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Resolution No. 4453
SPA 2022-0001
Page 2
commercially zoned, which allowed a mix of commercial and office uses,
but did not allow residential uses or mixed-use residential uses, which are
now allowed with the adoption of the DCCSP in July of 2018. SPA 2022-
001 will not change the density or intensity of the DA -6C subarea.
G. That SPA 2022-0001 complies with the Tustin General Plan, in that adding
Live/work units as a permitted residential use in DA -6C complies with the
following goals, policies, and special management areas:
Land Use Element Goal 1: Provide for a well-balanced land use
pattern that accommodates existing and future needs for housing,
commercial and industrial land, open space and community facilities
and services, while maintaining a healthy, diversified economy
adequate to provide future City services.
Policy 1.1: Preserve the low-density quality of Tustin's existing single-
family neighborhoods while permitting compatible multi -family
development to meet regional housing needs where best suited from
the standpoint of current development, accessibility, transportation and
public facilities.
Policy 1.5: Encourage compatible and complementary infill of
previously by-passed parcels in areas already predominately
developed.
SPA 2022-0001 complies with the Tustin General Plan Land Use
Element Goal 1, in that adding Live/work units as a permitted
mixed-use residential use in DA -6C would encourage compatible
and complementary residential development to meet regional
housing needs where best suited from the standpoint of existing
and future development in the area, accessibility, transportation
and public facilities. The proposed addition of Live/work units would
encourage different types of housing, but also maintain a mixed-
use environment to provide for a well-balanced land use pattern
that accommodates existing and future needs for housing with
commercial uses on the ground floor.
H. That on July 12, 2022, a public hearing was duly called, noticed, and held
for SPA 2022-0001 by the Planning Commission.
The Planning Commission finds that the proposed SPA is not subject to the
California Environmental Quality Act ("CEQA"; Cal. Pub. Resources Code
Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA
Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it
L__)
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Resolution No. 4453
SPA 2022-0001
Page 3
can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment.
The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1525 approving SPA 2022-0001 attached hereto as Exhibit A, to
amend the DCCSIP (SP -12) to list "live/work units" as an allowable residential use
in Development Area 6C (DA -6C) subarea.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 12th day of July, 2022,
DAVID J. M LLO, JR.
Chairper In
TINA L. WILLIKOM
lanning Commission Secretary
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. 4453
was duly passed and adopted at a regular meeting of the Tustin Planning Commission
held on the 121:h day of July, 2022.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JU INA L. WILLKOM
Planning Commission Secretary
Chu, Mason, Mello (3)
Higuchi, Kozak (2)
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ATTACHMENT D
ORDINANCE NO. 1525
a. EXHIBIT 1 — PROPOSED SPECIFIC PLAN AMENDMENT
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DRAFT ORDINANCE NO. 1525
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA)
2022-0001 TO AMEND THE DOWNTOWN COMMERCIAL
CORE SPECIFIC PLAN (SP -12) TO LIST "LIVE/WORK UNITS"
AS AN ALLOWABLE RESIDENTIAL USE IN DEVELOPMENT
AREA 6C (DA -6C).
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 Specific Plan Amendment (SPA) 2022-0001 was initiated by the
City to amend the Downtown Commercial Core Specific Plan (DCCSP;
SP -12) to list "live/work units" as an allowable residential use in
Development Area 6C (DA -6C).
B. That the purpose of the DCCSP, adopted on July 3, 2018 by Ordinance
No. 1497, is to allow residential development on commercially zoned
properties. Residential uses are an allowable use in DA -6C subarea in
an integrated mixed-use format, subject to the Residential Allocation
Reservation (RAR) discretionary approval process.
C. That 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.
D. That mixed-use and live/work uses are allowed within various
Development Areas of the DCCSP as identified in the Specific Plan
document. While mixed-use is permitted in DA -6C, live/work is listed as
prohibited use. Live/work residential uses are allowed and have been
built in other Development Areas of the DCCSP.
E. That DA -6C is irregular in shape, adjacent to freeway, detached and
resembles an island from the surrounding areas, and presents
development potential challenges. SPA 2022-0001 to allow live/work
within DA -6C would provide flexibility while still achieving the DCCSP
goals and objectives.
F. That SPA 2022-0001 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 properties in effect on January 1, 2018 were
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No. 1525
SPA 2022-0001
Page 2
commercially zoned, which allowed a mix of commercial and office uses,
but did not allow residential uses or mixed-use residential uses, which are
now allowed with the adoption of the DCCSP in July of 2018. SPA 2022-
0001 will not change the density or intensity of the DA -6C subarea.
G. That SPA 2022-0001 complies with the Tustin General Plan, in that adding
live/work units as a permitted residential use in DA -6C complies with the
following goals, policies, and special management areas:
Land Use Element Goal 1: Provide for a well-balanced land use
pattern that accommodates existing and future needs for housing,
commercial and industrial land, open space and community facilities
and services, while maintaining a healthy, diversified economy
adequate to provide future City services.
Policy 1.1: Preserve the low-density quality of Tustin's existing single-
family neighborhoods while permitting compatible multi -family
development to meet regional housing needs where best suited from
the standpoint of current development, accessibility, transportation
and public facilities.
Policy 1.5: Encourage compatible and complementary infill of
previously by-passed parcels in areas already predominately
developed.
SPA 2022-0001 complies with the Tustin General Plan Land Use Element
Goal 1, in that adding live/work units as a permitted mixed-use residential
use in DA -6C would encourage compatible and complementary
residential development to meet regional housing needs where best
suited from the standpoint of existing and future development in the area,
accessibility, transportation and public facilities. The proposed addition
of live/work units would encourage different types of housing, but also
maintain a mixed-use environment to provide for a well-balanced land
use pattern that accommodates existing and future needs for housing
with commercial uses on the ground floor.
H. That a public hearing was duly called, noticed, and held on said
application on July 12, 2022, by the Planning Commission. Following the
public hearing, the Planning Commission adopted Resolution No. 4453
recommending that the Tustin City Council approve SPA 2022-0001 by
adopting Ordinance No. 1525.
That on August 16, 2022, a public hearing was duly noticed and called
concerning SPA 2022-0001 (Ordinance No. 1525), and the public hearing
was held by the City Council.
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Ordinance No. 1525
SPA 2022-0001
Page 3
J. That SPA 2022-0001 is not subject to the California Environmental Quality
Act ("CEQA"; Cal. Pub. Resources Code Section 21000 et seq.) pursuant
to Section 15061(b)(3) of the State CEQA Guidelines (Cal. Code of Regs.,
title 14, Section 15000 et seq.) because it can be seen with certainty that
there is no possibility that the activity in question may have a significant
effect on the environment.
SECTION 2. The DCCSP is hereby amended by adding Section 5.2 Residential
Permitted Uses — Table 5.1, 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 16th day of August, 2022.
AUSTIN LUMBARD, MAYOR
ATTEST:
CARRIE WOODWARD, ACTING CITY CLERK
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Ordinance No. 1525
SPA 2022-0001
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1525
Carrie Woodward, Acting 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.
1525 was duly and regularly introduced and read by title only at the regular meeting of
the City Council held on the 16th day of August, 2022, and was given its second
reading, passed and adopted at a regular meeting of the City Council held on the
day of , 2022, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Carrie Woodward, Acting City Clerk
Published:
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Ordinance No. 1525
SPA 2022-0001
Page 5
Exhibit 1 — Proposed Specific Plan Amendment
Table 5.1— Residential Permitted Use Table
DCCSP DESIGNATIONS
LAND USE
IJM
DC
Cl
MF
MH
See
(1) (2) (3) (4) (5)
toot -
note
Corresponding DA Number
7N
d
d
d
C
�° �°
H°
d
r
d
❑
n
G
O
O
P d a 'i
R❑ a❑
O 'k
d C
O
4
d A
RESIDENTIAL
Residential in historic single-family
P
residences
Multifamily residential
--
—
—
--
--
—
--
-
R
-
2.3
Mixed-use residential
R
R
R
R
R
R
-
Live/work units
-
—
R
R R R
-
-
—
-
4.5
Mobile home parks
__
—
_
_ __ _
_
_
_
P
Key.
P Permitted Use requires Design Review in compliance with Chapter 6, Administration and Implementation Plan.
R Requires discretionary approval of a Residential Allocation Reservation in compliance with Chapter 6,
Administration and Implementation Plan.
— Prohibited Use
Footnotes.
1. See DCCSP Section 3.2.1 of Special Use Restrictions.
2. Parcels existing at the time of adoption of the DCCSP within the MF land use designation are permitted one
residential unit by right, subject to TCG Section 7252, Design Review, provided the unit is deducted From the
residential bank (refer to Chapter 6).
3_ See DCCSP Section 3.2.2 of Special Use Restrictions and Ordinance 1472 for approved Vintage multi -family
residential project in Multi -Family (MF).
4. Prohibited on principal streets; only allowed on non -principal streets (refer to Figure 2.3, Principal or Non -
Principal Streets) and subject to the Development Standards, Design Criteria, Entitlement Processing and
Required Findings applicable to vertical mixed Use_
5. See DCCSP Section 3.2.2 of Special Use Restrictions and Ordinance 1361 for allowable uses within
Prospect Village livetwork project.
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ATTACHMENT E
PROPERTY OWNER LIST
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SPA 2022-0001
Property Owner List
The proposed SPA 2022-0001 covers all properties within DA -6C subarea of the DCCSP.
DA -6C subarea is bordered on the northeast by EI Camino Real, on the northwest by
Newport Avenue, and on the south by Interstate 5 (1-5). The following is a list of property
owners:
SITE ADDRESS:
14042 NEWPORT AVE
APNs: 432-074-07,08,09
14002 NEWPORT AVE
APN: 432-074-06
1122 EL CAMINO REAL
APN: 432-074-04
1142 EL CAMINO REAL
APNs: 432-064-04,05,06
APNs: 532-064-05 AND
532-074-02
PROPERTY OWNERS:
KIM MICHAEL
3701 WILSHIRE BLVD UNIT 820
LOS ANGELES, CA 90010
FEAST FOODS LLC
41760 IVY ST UNIT 201
MURRIETA, CA 92562
YOON IN SIK AND YOON ANGELA KWANG
13046 DESTINO LN
CERRITOS, CA 90703
JC VETERINARY SERVICES INC
1142 EL CAMINO REAL
TUSTIN, CA 92780
STATE OF CALIFORNIA
2501 PULLMAN ST
SANTA ANA, CA 92705
1750 E 4th ST SUITE 100
SANTA ANA, CA 92705