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HomeMy WebLinkAboutCC RES 23-02 __________________ Resolution 23-02 Page 1 of 4 RESOLUTION NO. 23-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 2022-0001 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO HIGH DENSITY RESIDENTIAL (HDR) FOR THE PROPERTY LOCATED AT 17802 AND 17842 IRVINE BOULEVARD The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Intracorp SoCal-1 LLC for a General Plan Amendment (GPA) 2022-0001, Zone Change (ZC) 2022-0001, Design Review (DR) 2022-0004, Density Bonus requests for one (1) Concession relating to the reduction of the required front yard setback along Irvine Boulevard and a Waiver to allow a reduction in required amount of common open space, a Development Agreement (DA) 2022-0002, and a Subdivision Map (SUB 2022-0002) / Tentative Tract Map (TTM No. 19224) to construct forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres. The project would also include an enclosed, two-car garage and private open space for each unit, ten (10) guest surface parking spaces, and common and private open space areas. The project would also require the demolition of two (2) existing two-story office buildings currently located on 17802 and 17842 Irvine Boulevard. B. That the subject property is zoned Retail Commercial District (C1) with a Parking Overlay (P) zoning district and designated as Professional Office (PO) under the General Plan Land Use description. C. That the subject property has been used for various office and retail uses since 1971. D. That the project, as proposed, would conflict with the existing PO General Plan land use designation for the site. E. That the subject property is surrounded by a range of uses including commercial, official, and residential. F. That the proposed change to the General Plan land use designation to High Density Residential (HDR) would allow for the development of high density residential development with a wide range of living accommodations including single-family units, multiple-family dwellings such as, apartments, condominiums, townhomes, cooperatives, and community apartments. DocuSign Envelope ID: 47A688B4-545B-460C-B540-85B46F3DEA81 __________________ Resolution 23-02 Page 2 of 4 G. That the project, as proposed, would have a density of 19.3 du/acre, consistent with high density residential developments. H. That the City conducted a ninety (90) day consultation period on the project with California Native American Tribes pursuant to Government Code Sections 65351 and 65352.3 and received comments that were incorporated into the Mitigation Monitoring and Reporting Program (MMRP). I. That the City prepared an Initial Study to evaluate the potential environmental impacts associated with GPA 2022-0001 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared. J. That a Notice of Intent to Adopt a MND was published and the MND and Initial Study were made available to allow for public review and comments from September 15, 2022, to November 10, 2022, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines. K. That public comments were received and a Final MND Declaration with responses to submitted comments was prepared. L. That a public hearing was duly called, noticed, and held for GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus request, SUB 2022-0002/TTM 19224, and DA 2022-0002 on December 13, 2022, by the Planning Commission; M. That after the close of the public hearing, the Planning Commission adopted Resolution Nos. 4461, 4462, 4463, 4464, and 4465 recommending that the City Council find that the MND is adequate for the project and approval of the subject entitlements. N. That a public hearing was duly called, noticed and held for GPA 2022-0001 on January 17, 2023 by the City Council. O. That the proposed GPA 2022-0001 is consistent with the following General Plan Land Use goals and policies: a. 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. b. Policy 1.1: Permit compatible multi-family development to meet regional housing needs where best suited from a standpoint of current development, accessibility, transportation and public facilities. DocuSign Envelope ID: 47A688B4-545B-460C-B540-85B46F3DEA81 __________________ Resolution 23-02 Page 3 of 4 c. Policy 1.7: As part of the City’s attraction to business and industry, provide adequate sites to house future employees. d. Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. e. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. f. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. g. Policy 6.11: Encourage the establishment of unique identity in the City’s neighborhoods. P. That the proposed GPA 2022-0001 is consistent with the General Plan Housing Element Goal 1 in that GPA 2022-0001 would facilitate the provision of an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for thirty-eight (38) market-rate for sale units and two (2) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will pay an in-lieu affordable housing fee which will be used for development of affordable housing in another location within the City. Q. That the City Council has considered the Initial Study/MND along with its MMRP in its recommendation that the City Council approve GPA 2022-0001. II. That the City Council does hereby approve GPA 2022-0001. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 17th day of January, 2023. AUSTIN LUMBARD, MAYOR DocuSign Envelope ID: 47A688B4-545B-460C-B540-85B46F3DEA81 __________________ Resolution 23-02 Page 4 of 4 ATTEST: ______________________________ ERICA N. YASUDA, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 23-02 was duly passed, and adopted at a regular meeting of the City Council held on the 17th day of January, 2023, by the following vote: COUNCILMEMBER AYES: Lumbard, Clark, Gallagher, Gomez, Schnell (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) ____________________ ERICA N. YASUDA, City Clerk Exhibit A: Existing and Proposed General Plan Land Use Designation DocuSign Envelope ID: 47A688B4-545B-460C-B540-85B46F3DEA81 Exhibit A – GPA 2022-0001 Amendment to General Plan Land Use Designation from Professional Office (PO) to High Density Residential (HDR) 17802 and 17842 Irvine Boulevard (APNs: 401-141-13, 401-141-57) DocuSign Envelope ID: 47A688B4-545B-460C-B540-85B46F3DEA81