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Home My WebLink About08 SECOND READING AND ADOPTION OF ORDINANCE NO. 1525DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D AGENDA REPORT S MEETING DATE: TO: FROM: SUBJECT: SUMMARY: SEPTEMBER 20, 2022 MATTHEW S. WEST, CITY MANAGER ERICA N. YASUDA, CITY CLERK Agenda Item 8 Reviewed: DS City Manager Finance Director N/A SECOND READING AND ADOPTION OF ORDINANCE NO. 1525 Adoption of Ordinance No. 1525 amends the Downtown Commercial 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 Camino Real, on the northwest by Newport Avenue, and on the south by Interstate 5 (1-5). RECOMMENDATION: That the City Council: Have second reading by title only and adoption of Ordinance No. 1525. BACKGROUND: On August 16, 2022, the City Council had first reading by title only of the following Ordinance: 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) Attachment: 1. Ordinance No. 1525 DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D C�7 Owl 9110M10[a]a0[��'�I 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: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Ordinance No. 1525 SPA 2022-0001 Page 3 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 20th day of September, 2022. AUSTIN LUMBARD, MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D Ordinance No. 1525 SPA 2022-0001 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1525 I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 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 20th day of September, 2022, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk DocuSign Envelope ID: 38C6E60F-9E3E-4767-A10E-E78B9786B60D 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 DM (1) I7) (3) (4I (5j OT ec Cl MF MR ont- note Corresponding DA Number � d `od ❑ ❑ r ❑ a r�o vd ao rim � �❑ RESIDENTIAL Residential in historic, sir r�lt -fs n'r"y R residences Multifamily residential -- -- - - -- — -- R ' Mixed-use residential R R R R R R -- Live/work units -- -- R R R R — 4. 5 Mobile home parks -- -. - - _ F Key. P Permitted Use requires Design Review in compliance with Chapter 6, Administration and Implementation Pian. R Requires discretionary approval of a Residential ,Allocation Reservation in compliance with chapter 5. 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 TGC Section 7262, Design Review, provided the unit is deducted from the residential frank (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 livelwork project_