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HomeMy WebLinkAbout16 DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT (SPA) 2022-0001 (ORDINANCE NO. 1525)DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C AGENDA REPORT s� 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 �rSZ� 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. DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C SPA 2022-0001 August 16, 2022 Page 2 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C SPA 2022-0001 August 16, 2022 Page 3 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. _S F 10 4 , WR''t 1 Irvine, Coun of Los Angeles, Bureau of Land Mana er ent, Esri, HERE, Gan min, GeoTe... n 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C SPA 2022-0001 August 16, 2022 Page 4 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: DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C SPA 2022-0001 August 16, 2022 Page 5 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C SPA 2022-0001 August 16, 2022 Page 6 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C SPA 2022-0001 August 16, 2022 Page 7 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C ATTACHMENT A LOCATION MAP DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C ATTACHMENT B DRAFT PLANNING COMMISSION MINUTES OF J U LY 12, 2022 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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. Minutes — Planning Commission July 12, 2022 — Page 8 of 9 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 4453 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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__) DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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) DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C ATTACHMENT D ORDINANCE NO. 1525 a. EXHIBIT 1 — PROPOSED SPECIFIC PLAN AMENDMENT DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C 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. DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C 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: DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C 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. DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C ATTACHMENT E PROPERTY OWNER LIST DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C 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