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HomeMy WebLinkAbout04 PC REPORT MODS. TO MULTI-FAM RESID. PKG. & PRIVATE STORAGE AGENDA REPORT ITEM #4 MEETING DATE: OCTOBER 22, 2024 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: MODIFICATIONS TO THE MULTI-FAMILY RESIDENTIAL PARKING & PRIVATE STORAGE STANDARDS CITYWIDE (CA 2024-0006) AND IN THE DOWNTOWN COMMERCIAL CORE (SPA 2024-0005) AND RED HILL AVENUE (SPA 2024-0006) SPECIFIC PLANS SUMMARY: On July 9, 2024, the Planning Commission held a workshop to discuss changes to the multi-family residential parking and private storage requirements in the Downtown Commercial Core Specific Plan (DCCSP) and Red Hill Avenue Specific Plan (RHASP) areas to be more competitive with surrounding cities. The Planning Commission provided feedback that supported changes in parking and private storage, consistent with the recommendations from Economic & Planning Systems, Inc. (EPS), who presented an assessment of barriers to development in the DCCSP and RHASP to the City council on December 5, 2023. As a result, this report addresses amendments to the Tustin City Code (TCC) (CA 2024- 0006), DCCSP (SPA 2024-0005), and RHASP (SPA 2024-0006), proposing to: 1 . Implement a scalable parking requirement for multi-family residential development based on number of bedrooms per unit, applicable citywide (meaning where the TCC prevails) and including the DCCSP and RHASP. 2. Allow tandem parking for resident spaces citywide. Tandem parking would continue to be prohibited for guest parking. 3. Remove the requirement for private storage areas within the DCCSP and RHASP and remove the citywide requirement for private storage located within carports. PC Report October 22, 2024 Multi-Family Residential Parking & Private Storage Amendments Page 2 RECOMMENDATION: That the Planning Commission: 1 . Adopt PC Resolution No. 4502, recommending that the City Council adopt Ordinance No. 1555, amending the multi-family residential parking and carport storage requirements as specified (CA 2024-0006). 2. Adopt PC Resolution No. 4503, recommending that the City Council adopt Ordinance No. 1553, modifying the multi-family residential parking and private storage requirements in the DCCSP as specified (SPA 2024-0005). 3. Adopt PC Resolution No. 4504, recommending that the City Council adopt Ordinance No. 1554, modifying the multi-family residential parking and private storage requirements in the RHASP as specified (SPA 2024-0006). BACKGROUND: On December 5, 2023, the City Council was presented with an assessment of regulatory barriers to development within the DCCSP and RHASP. The assessment, prepared by Economic & Planning Systems (EPS), Inc., identified various potential development constraints related to policy barriers within these specific plans, including barriers related to multi-family residential parking and private storage requirements. The assessment highlighted that these standards were potentially discouraging new development and investment in the DCCSP and RHASP areas. The City Council received and filed the report and directed staff to explore potential policy changes to address the identified barriers. On July 9, 2024, staff presented to the Planning Commission an analysis of nearby cities' multi-family residential parking and private storage requirements and found that there was opportunity to modify the City's multi-family residential parking and private storage requirements to be more competitive. The Planning Commission generally supported the need to update these standards to better align with market conditions and neighboring jurisdictions. Following the Planning Commission workshop, staff reviewed the Commission's feedback and determined that the barriers identified in the DCCSP and RHASP were not limited to the specific plans, but were also present within the Tustin City Code (TCC), which is applied citywide. The restrictive parking and storage requirements in the TCC similarly impact multi-family residential development outside of the specific plan areas, presenting an opportunity to address these barriers comprehensively. As a result, staff has prepared amendments to the TCC (CA 2024-0006), DCCSP (SPA 2024-0005), and RHASP (SPA 2024-0006). The proposed amendments revise the City's development standards to be consistent with other jurisdictions by: PC Report October 22, 2024 Multi-Family Residential Parking & Private Storage Amendments Page 3 • (TCC, DCCSP, RHASP) Implementing a scalable parking requirement for multi- family residential development based on the number of bedrooms per unit, ranging from 1.25 parking spaces for studios to 2.25 parking spaces for units with three (3) or more bedrooms. • (TCC, DCCSP, RHASP) Allowing tandem parking for resident parking only, while prohibiting tandem spaces for guest parking. • (DCCSP, RHASP) Removing the requirement of private storage areas, and (TCC) removing the requirement for private storage within carports citywide. These proposed amendments are intended to make the City's parking and storage standards more competitive and responsive to current real estate market conditions, thereby supporting new multi-family residential development throughout Tustin. DISCUSSION: Multi-Family Residential Parking Standards Currently, the TCC, DCCSP, and RHASP require 2.25 parking spaces per unit for multi- family residential development, which includes two (2) resident parking spaces per unit and 0.25 guest parking spaces per unit, regardless of the size or number of bedrooms in the unit. Staff recommends implementing a parking requirement that "scales" with the number of bedrooms per unit, such that smaller units (less bedrooms) would require less resident parking spaces. Staff is not recommending any changes to the number of guest spaces required, currently at one guest space for every four units (Table 1). The proposed revisions would provide parking requirements ranging from 1 .25 spaces for studios to 2.25 spaces for units with three (3) or more bedrooms, aligning Tustin's standards with the City of Irvine, which has the most competitive (lowest) standard of nearby cities. Attachment 1 to this report reflects the parking requirements of neighboring cities. Table 1 Proposed Scalable Parking Requirement for Multi-Family Residential Bedrooms per Unit Resident Parking Guest Parking Total Parking Required/Unit Required/Unit Required/Unit Studio (0) 1 .0 space/unit 0.25 spaces/unit 1 .25 spaces/unit One (1) 1 .4 spaces/unit 0.25 spaces/unit 1 .65 spaces/unit Two (2) 1 .6 spaces/unit 0.25 spaces/unit 1 .85 spaces/unit Three (3) or more 2.0 spaces/unit 0.25 spaces/unit 2.25 spaces/unit Additionally, staff recommends allowing tandem parking for resident spaces in multi- family developments, while maintaining the prohibition of tandem parking for guest spaces. PC Report October 22, 2024 Multi-Family Residential Parking & Private Storage Amendments Page 4 The proposed amendments will be incorporated into the TCC and, by reference, into the DCCSP and RHASP to ensure consistency. This approach ensures that any future changes to the scalable parking requirements in the TCC will automatically update the specific plans without the need for a separate Specific Plan Amendment. Private Storage Development Standards The Planning Commission directed staff to remove the private storage requirements in the DCCSP and RHASP. Currently, both specific plans mandate that a minimum amount of private storage (e.g. outdoor closet) be provided within private open space areas, such as balconies and patios (Table 2). Staff is also proposing an amendment to the TCC to eliminate the requirement for private storage requirements within carports. The revisions to the TCC are appropriate as carport storage is an outdated concept and not currently required in any other nearby city. Additionally, carports constructed in multi-family developments today are typically pre-engineered large span solar arrays, which do not easily accommodate storage cabinets for individual parking spaces. Table 2 Modifications to Private Storage Requirements Document Existing Requirement Proposed Amendment Carports must include 90 TCC cubic feet of lockable storage No lockable storage required. space Minimum 50 square feet of enclosed storage per unit. DCCSP Enclosed storage counts No enclosed storage required. toward the private open space requirement. Minimum 90 cubic feet of enclosed storage required per RHASP unit. Enclosed storage counts No enclosed storage required. toward the private open space requirement. The intent of the amendments is to provide developers with the flexibility to design multi- family residential projects that optimize space and respond to market demands and design preferences. By removing prescriptive storage requirements, developers can make decisions that enhance project feasibility and align with design trends. PC Report October 22, 2024 Multi-Family Residential Parking & Private Storage Amendments Page 5 Senate Bill No. 330 Specific Plan Amendments must demonstrate compliance with Senate Bill No. 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. The proposed amendments to the TCC, DCCSP and RHASP will not reduce the intensity and/or density of the affected land uses. Native American Tribal Consultation Pursuant to California Government Code Section 65352.3 (Senate Bill 18), the City followed the statutory Native American tribal consultation requirements by obtaining a tribal consultation list from the Native American Heritage Commission (NAHC) and notifying representatives of the identified Native American Tribes of SPA 2024-0005 and SPA 2024-0006. Pursuant to State law, tribes have a minimum of ninety (90) days to request consultation. To date, City staff has not received request for consultation from any of the tribal representatives in response to this tribal consultation notice. PUBLIC NOTICE: The proposed CA 2024-0006, SPA 2024-0005, and SPA 2024-0006 were originally noticed and scheduled for a Planning Commission hearing on October 8, 2024. A one- eighth (1/8) page public notice was published in the Tustin News on September 26, 2024, informing the public of the Planning Commission public hearing. In addition, the public notice was posted at Tustin City Hall, the Tustin Library, and the Tustin Area Senior Center. On October 8, 2024, the project was continued to the next regularly scheduled Planning Commission hearing, which is October 22, 2024. ENVIRONMENTAL ANALYSIS: The proposed amendments to the TCC (CA 2024-0006), DCCSP (SPA 2024-0005) and RHASP (SPA 2024-0006) are exempt from CEQA under Section 15061(b)(3), because it can be seen with certainty that there is no possibility the proposed amendments may have a significant effect on the environment. The proposed changes would align development standards with current market conditions and do not authorize any new physical development. CONCLUSION: The proposed amendments to the TCC, DCCSP, and RHASP are designed to modernize Tustin's multi-family residential development standards by addressing regulatory barriers PC Report October 22, 2024 Multi-Family Residential Parking & Private Storage Amendments Page 6 identified in the December 2023 assessment by Economic & Planning Systems, Inc. The changes to parking and storage requirements reflect a market-based approach that aligns with regional standards, making multi-family development in Tustin more competitive with neighboring jurisdictions. By implementing scalable parking requirements, based on the number of bedrooms per unit, developers will have the flexibility to design multi-family residential projects that are responsive to market demands and conditions, ultimately matching the parking provided with actual demand, and reducing unnecessary costs. Allowing tandem parking for residents' use and removing private storage requirements, further enhances efficiency and design flexibility. The integration of these parking standards into the TCC, DCCSP and RHASP, via reference, ensures a consistent streamlined approach that will reduce these barriers to development throughout the City. Therefore, staff recommends that the Planning Commission adopt Resolutions No. 4502, 4503, and 4504, recommending that the City Council adopt Ordinances No. 1553, 1554, and 1555, amending the TCC, DCCSP, and RHASP as proposed. Prepared by: r Maldonado, Associate Planner Ja ma , AICP, Ast.Eas, s�tat DJector - Planning Approved by: u a L. Willkom, Community Development Director Attachments: 1. Matrices of Parking Standards of Neighboring Cities 2, PC Resolution No. 4502 (Amendments to TCC) a. Exhibit A— Draft Ordinance No. 1555 3. PC Resolution No. 4503 (Amendments to DCCSP) a. Exhibit A— Draft Ordinance No. 1553 4. PC Resolution No. 4504 (Amendments to RHASP) a. Exhibit A — Draft Ordinance No. 1554 Attachment 1 Matrix 1-Updated Multi-Family Parking Requirement RENTAL UNITS Size Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom Residents 2 2 2 2 2 2 Tustin Guests 0.25 0.25 0.25 0.25 0.25 0.25 TOTAL 2.25(NT) 2.25(NT) 2.25(NT) 2.25(NT) 2.25(NT) 2.25(NT) Residents 1(PT) 1.4(PT) 1.6(PT) 2(PT) 2(PT) 2(PT) Irvine* Guests 0.25(NT) 0.25(NT) 0.25(NT) 0.25(NT) 0.25(NT) 0.25(NT) TOTAL 1.25 1.65 1.85 2.25 2.25 2.25 Total Cal. 1 covered+1 1 covered+1 1 covered+2 1 1 covered+3 1 covered+4 1 covered+5 Santa Ana Guests 25 percent of total required parking shall be reserved for guests TOTAL 2(NT-E) 2(NT--E) 3(NT--E) 4(NT-E) 5(NT-E) 6(NT-E) Residents 1.2 1.7 2 2.4 2.7 3 Orange** Guests 0.3 0.3 0.3 0.3 0.3 0.3 TOTAL 1.5(Pr-R) 2(PT R) 2.3(Pr-R) 2.7(Pr-R) 3(Pr-R) 3.3(Pr-R) Residents 1(PT) 1.75 PT) 2(PT) 2.75(PT) 3.5(PT) 4(PT) Anaheim Guests 0.25(NT) 0.25(NT) 0.25(NT) 0.25(NT) 0.25(NT) 0.25(NT) TOTAL 1.25 2 2.5 3 3.75 4.25 Residents 1.25(PT) 1.5 PT) 1.75(PT) 2(PT) 2(PT) 2(PT) Fullerton Guests 0.5(NT) 0.5(NT) 0.75(NT) 1(NT) 1(NT) 1(NT) TOTAL 1.75 2 2.5 3 3 3 Yellow cells represent the lowest parking standard by dwelling size(bedroom count). Numbers are parking spaces required per unit *Irvine:Assumes rental and low/moderate income units and carports. The resident parking standard for ownership units are higher.Visitor parking standards are higher with resident garages. **Orange:Assumes project has 50+DU&unenclosed parking for residents. Parking numbers are higher for projects with less than 50 DU,or with resident parking in garages. +Santa Ana:Table revised 07-08-24 due to calculation error NT:Tandem Parking not allowed NT-E:Tandem Parking not allowed unless minor exception granted PT:Tandem Parking permitted PT-R:Tandem Parking permitted with discretionary review Matrix 2-Updated Multi-Family Parking Requirement OWNERSHIP WITH ENCLOSED GARAGE PARKING Size Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom Residents 2 2 2 2 2 2 Tustin Guests 0.25 0.25 0.25 0.25 0.25 0.25 TOTAL 2.25(NT) 2.25(NT) 2.25(NT) 2.25(NT) 2.25(NT) 2.25(NT) Residents 1 (PT) 1.5(PT) 2(PT) 2(PT) 2(PT) 2(PT) Irvine* Guests 0.7(NT) 0.7(NT) 0.7(NT) 0.7(NT) 0.7(NT) 0.7(NT) TOTAL 1.7 2.2 2.7 2.7 2.7 2.7 Total Cal. 1 covered+1 1 covered+1 1 1 covered+2 1 1 covered+3 1 1 covered+4 1 covered+5 Santa Ana Guests 25 percent of total required parking shall be reserved for guests TOTAL 2(NT-E) 2(NT-E) 3(NT-E) 4(NT-E) 5(NT-E) 6(NT-E) Residents 1.4 1.9 2.3 2.6 3.1 3,6 Orange** Guests 0.3 0.3 0.3 0.3 0.3 0.3 TOTAL 1.7(Pr-R) 2.2(Pr-R) 2.6(Pr-R) 2.9(Pr-R) 3.4(Pr-R) 3.9(Pr-R) Residents 1(PT) 1.75 PT) 2(PT) 2.75(PT) 3.5(PT) 4(PT) Anaheim Guests 0.25(NT) 0.25(NT) 0.25(NT) 0.25(NT) 0.25(NT) 0.25(NT) TOTAL 1.25 2 2.5 3 3.75 4.25 Residents 1.25(PT) 1.5 PT) 1.75(PT) 2(PT) 2(PT) 2(PT) Fullerton Guests 0.5(NT) 0.5(NT) 0.75(NT) 1(NT) 1(NT) 1(NT) TOTAL 1.75 2 2.5 3 3 3 Yellow cells represent the lowest parking standard by dwelling size(bedroom count). Numbers are parking spaces per unit *Irvine:Assumes Ownership and resident garage parking. Resident parking numbers for rental and low/moderate income units are lower;visitor parking numbers are lower for carports. **Orange:Assumes project has enclosed parking for residents,and private driveways less than 18 feet in length. Parking numbers would be lower for projects with resident parking in unenclosed spaces,or with private driveways of 18 feet in length. +Santa Ana:Table revised 07-08-24 due to calculation error NT:Tandem Parking not allowed NT-E:Tandem Parking not allowed unless minor exception granted PT:Tandem Parking permitted PT-R:Tandem Parking permitted with discretionary review ATTACHMENT 2 RESOLUTION NO. 4502 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1555, AMENDING VARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND USE) TO MODIFY MULTI-FAMILY RESIDENTIAL PARKING AND CARPORT STORAGE REQUIREMENTS (CODE AMENDMENT (CA) 2024-0006) The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That in 2022, the City of Tustin initiated an assessment of the Downtown Commercial Core Specific Plan (DCCSP) and Red Hill Avenue Specific Plan (RHASP) to identify barriers to development and align regulations with current market conditions to spur development. B. That on December 5, 2023, the assessment results presented to the City Council identified that existing residential parking and private storage requirements in the DCCSP and RHASP were barriers to multi-family residential development. C. That these barriers are also present in the Tustin City Code (TCC), affecting the feasibility of multi-family development citywide under current zoning regulations. D. That CA 2024-0006 proposes to implement citywide modifications based on the findings of the DCCSP and RHASP assessment, including scalable parking requirements for multi-family residential units based on bedroom count, allowance of tandem parking for residents, and the removal of mandatory private storage requirements. E. That the proposed amendments comply with the Tustin General Plan in that they comply with the following goal and policy: Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. PC Resolution No.4502 October 22, 2024 Page 2 F. The Planning Commission finds that the proposed CA 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. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1555, amending various sections of Article 9 (Land Use) of TCC related to multi-family residential parking and carport storage requirements (CA 2024-0006), attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 22nd day of October 2024. ERIC HIGUCHI Chairperson JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: MICHAEL DAUDT Assistant City Attorney PC Resolution No.4502 October 22, 2024 Page 3 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 Planning Commission of the City of Tustin, California; that Resolution No. 4502 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of October 2024. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT DRAFT ORDINANCE NO. 1555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND USE) TO MODIFY MULTI-FAMILY RESIDENTIAL PARKING AND CARPORT STORAGE REQUIREMENTS (CODE AMENDMENT (CA) 2024- 0006) 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 in 2022, the City of Tustin initiated an assessment of the Downtown Commercial Core Specific Plan (DCCSP) and Red Hill Avenue Specific Plan (RHASP) to identify barriers to development and align regulations with current market conditions to spur development. B. That on December 5, 2023, the assessment results presented to the City Council identified that existing residential parking and private storage requirements in the DCCSP and RHASP were barriers to multi-family residential development. C. That these barriers are also present in the Tustin City Code (TCC), affecting the feasibility of multi-family development citywide under current zoning regulations. D. That CA 2024-0006 proposes to implement citywide modifications based on the findings of the DCCSP and RHASP assessment, including scalable parking requirements for multi-family residential units based on bedroom count, allowance of tandem parking for residents, and the removal of mandatory private storage requirements. E. That the proposed amendments comply with the Tustin General Plan in that they comply with the following goal and policy: Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. F. The Planning Commission finds that the proposed CA 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 Ordinance No. 1555 Page 2 be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. G. That on October 22, 2024, the Planning Commission adopted Resolution No. 4502, and recommended that the City Council adopt Ordinance No. 1555, approving CA 2024-0006. H. That on ,2024, a public hearing was duly noticed, called, and held by the City Council on CA 2024-0006. SECTION 2. Section 9263(g), Table 1 of Chapter 2 of Article 9 of the TCC (Off-Street Parking Required) is hereby amended to read as follows (new text underlined, deletions in striLethre g ): Multifamily housing cranes f„r e.anh ,kYUQ11iR@I , Ri+ r.'i i RassigRGGI guest spare fer over" it i snits The number of required parking spaces for multifamily housing shall be the total number of spaces based on the number of bedrooms within each unit: • Studio units: 1 space per unit • One-bedroom units: 1 .4 spaces per unit • Two-bedroom units: 1 .6 spaces per unit • Three-bedroom or more units: 2 spaces per unit Additionally, one (1) unassigned quest parking spaces shall be required per every four (4) units. Tandem parking is permitted only for resident parking. Tandem parking is prohibited for quest parking. SECTION 3. Section 9266(g) of Chapter 2 of Article 9 of the TCC (Development Standards for Off-Street Parking) is hereby amended to read as follows (new text underlined, deletions in strikethre i, h): g Design for Carports and Garages. 1 . Carports/covered parking shall have a solid roof structure that completely covers a carport parking stall. I_eEka le steFage spare of At least Rine+„ (an) C�Ihu cTccT?h;ll he nrn"id8 it is The provision of lockable storage space within the carport is optional and, if provided, shall be designed and maintained so as not to obstruct vehicle access to the required parking Ordinance No. 1555 Page 3 space (see Figure 1). Carports shall be screened from public view by a solid wall. SECTION 4. Section 9297 of Chapter 2 of Article 9 of the TCC (Definitions) is hereby amended to read as follows (new text underlined, deletions in strikethFe un"): "Carport" means a permanent, roofed structure, used for automobile shelter and automobile storage OR addit+eRte the steFage "ee �or orono . LGGkable, usable a-Rd aGGGGGible ot$rage spaGG GT At lo;Rct ninoty (99) G chin foot shall be preyided in ;II Garper-ts SECTION 5. Effective Date. This Ordinance shall take effect on the 31st day after its adoption. The City Clerk or his or her duly appointed deputy shall certify to adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out 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, 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 day of , 2024. AUSTIN LUMBARD, MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK Ordinance No. 1555 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1555 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. 1555 was duly passed, and adopted at a regular meeting of the Tustin City Council held on the _ day of , 2024, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Yasuda, City Clerk Published: ATTACHMENT RESOLUTION NO. 4503 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT (SPA) 2024-0005 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP-12) TO MODIFY MULTI-FAMILY RESIDENTIAL PARKING AND PRIVATE STORAGE REQUIREMENTS. I. The Planning Commission finds and determines as follows: A. That a Specific Plan Amendment (SPA) 2024-0005 was initiated by the City to amend the Downtown Commercial Core Specific Plan (DCCSP; SP- 12) to modify multi-family residential parking requirements to match the Tustin City Code (TCC) via reference, including the implementation of a scalable parking requirement based on the number of bedrooms per unit, and the removal of the private storage requirement for multi-family residential development. B. That the purpose of the DCCSP adopted on July 3, 2018 by Ordinance No. 1497, is to facilitate development of the specific plan area as a walkable and bikeable commercial core with integrated mixed-use and focused multi-family development. C. That SPA 2024-0005 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 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 2024- 0005 will not change the density or intensity of the specific plan. D. That the proposed amendments comply with the Tustin General Plan in that they comply with the following goal and policy: Resolution No. 4503 SPA 2024-0005 Page 2 Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. SP-12 Goal 1 : Market-Supported Development. Encourage new development by providing for land uses that are economically viable for developers and serve residents, workers, and visitors. E. That on October 8, 2024, a public hearing was duly called, noticed, and held for SPA 2024-0005 by the Planning Commission. F. 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 can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1553 approving SPA 2024-0005 attached hereto as Exhibit A, to amend the DCCSP (SP-12) to modify multi-family residential parking requirements to match the TCC via reference and to remove the private storage requirement for multi-family residential development. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22nd day of October 2024. ERIC HIGUCHI Chairperson JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM MICHAEL DAUDT Assistant City Attorney Resolution No. 4503 SPA 2024-0005 Page 3 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. 4503 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 22nd day of October 2024. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT " DRAFT ORDINANCE NO. 1553 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2024-0005 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP-12) TO MODIFY MULTI-FAMILY RESIDENTIAL PARKING AND PRIVATE STORAGE REQUIREMENTS. 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) 2024-0005 was initiated by the City to amend the Downtown Commercial Core Specific Plan (DCCSP; SP-12) to modify multi-family residential parking requirements to match the Tustin City Code (TCC) via reference, including the implementation of a scalable parking requirement based on the number of bedrooms per unit, and to remove the private storage requirement for multi-family residential development. B. That the purpose of the DCCSP adopted on July 3, 2018 by Ordinance No. 1497, is to facilitate development of the specific plan area as a walkable and bikeable commercial core with integrated mixed-use and focused multi-family development. C. That SPA 2024-0005 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 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 2024- 0005 will not change the density or intensity of the specific plan. D. That the proposed amendments comply with the Tustin General Plan in that they comply with the following goal and policy: Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. Ordinance No. 1553 SPA 2024-0005 Page 2 SP-12 Goal 1 : Market-Supported Development. Encourage new development by providing for land uses that are economically viable for developers and serve residents, workers, and visitors. D. That a public hearing was duly called, noticed, and held on said application on October 22, 2024, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4503 recommending that the Tustin City Council approve SPA 2024-0005 by adopting Ordinance No. 1553. E. That on _, 2024, a public hearing was duly noticed and called concerning SPA 2024-0005 (Ordinance No. 1553), and the public hearing was held by the City Council. F. That SPA 2024-0005 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 Downtown Commercial Core Specific Plan is hereby amended by modifying Section 5.3 Residential Development Standards — Tables 5.2 through 5.4 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. Ordinance No. 1553 SPA 2024-0005 Page 3 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this _t" day of , 2024. AUSTIN LUMBARD, MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1553 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. 1553 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the _t" day of , 2024, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the _t" day of , 202_, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Erica N. Yasuda, City Clerk Published: Exhibit 1 to Draft Ordinance No. 1553 �s RESIDENTIALPROVISIONS . Table 5.2—Development Standards for Mixed Use Buildings within DA-1,DA-2,DA-3,DA-66&DA-6C MIXED USE BUILDINGS Development Standards for DA-1, DA-2, DA-3, DA-613 & DA-6C These Development Standards shall apply to both the residential and commercial components of mixed use development within DA-1, DA-2, DA-3, DA-613 and DA-6C. As indicated in Table 5.1, Residential Permitted Use Table, residential mixed use requires approval of a discretionary Residential Allocation Reservation(RAR), in addition to any other entitlements required by the project, as provided in Section 6.1.3,Entitlement Processes.See also Section 5.4,Residential Design Criteria,and Chapter 4, Commercial Design Criteria,for commercial components of mixed use. Mixed Use Development Standards DA-1 & DA-2 DA-3, DA-66 &DA-6C Building Setbacksl Front setback 0 feet minimum Interior side setback From adjacent residential zone 5 feet minimum From adjacent non-residential zone 0 feet minimum Corner side setback 0 feet minimum Rearsetback From adjacent residential zone 10 feet minimum From adjacent non-residential zone or alley 0 feet minimum Building Height (Parking structures below buildings,rooftop uses 3 stories maximum 4 stories maximum (including gardens, lounges,and pools/spas),and First floor plate 16 (5 stories maximum adjacent to architectural features(including chimneys and towers) foot minimum freeway) shall not be included in the height measurement.) First floor plate 16 foot minimum Non-Residential Tenant Space Maximum 10,000 square feet(applies none to DA-1 only) Open Space(Per dwelling unit) Both private and common open space are required as follows: Private requires minimum depth of 4 ft.and includes Minimum 100 sf private open space ^^^^^*^^of a R+ private patios,private balconies,private roof decks Common includes courtyards,common balconies,common Minimum 200 sf common open space roof decks, pools/spas,recreation facilities,pedestrian paths Parking Spaces See Sections 2.3.2.1,Provisions for Reduced Parking and 6.3.3,Modification of Parking Standards Residential units gapag@ QP papkiRg StF Gt F@ Per Tustin City Code Guest parking 9.25 spaee PeF Per Tustin City Code Non-residential parking Per Tustin City Code Signage Per Chapter4,Commercial Design Criteria and Tustin City Code Landscaping Per Chapter4,Commercial Design Criteria,Section 5.4, Residential Design Criteria and Tustin City Code Public Open Space Per Chapter 4,Commercial Design Criteria and Section 5.4, Residential Design Criteria Note: 1. Setback shall be measured as the perpendicular distance from the ultimate street right-of-way line,or the property line,to the exterior wall of the closest structure. 2. On-site parking shall not be located between the street and the front of the building. IIICityofTustin I Downtown Commercial • • 105 RESIDENTIAL PROVISIONS Table 5.3—Development Standards for Mixed Use Buildings within DA-4 MIXED USE BUILDINGS Development Standards for DA-4 These Development Standards shall apply to both the residential and commercial components of mixed use development with- in DA-4. As indicated in Table 5.1, Residential Permitted Use Table,residential mixed use requires approval of a discretionary Residential Allocation Reservation (RAR)entitlement, in addition to any other entitlements required by the project, as provided in Section 6.1.3, Entitlement Processes. See also Section 5.4, Residential Design Criteria, and Chapter 4,Commercial Design Criteria, for commercial components of mixed use. Building Setbacks1 Front setback 0 feet minimum Interior side setback From adjacent residential zone 10 feet minimum From adjacent non-residential zone or 0 feet minimum alleyzone Corner side setback 0 feet minimum Rearsetback From adjacent residential zone 10 feet minimum From adjacent non-residential zone or alley 0 feet minimum Building Height (Parking structures below buildings,rooftop uses,(including 3 stories maximum gardens, lounges,and pools/spas),and architectural fea- First floor plate 16 foot minimum tures(including chimneys and towers)shall not be included in the height measurement.) Non-Residential Tenant Space Maximum Size 10,000 square feet Open Space(Per dwelling unit) Both private and common open space are required as follows: Private requires minimum depth of 4 ft.and includes pri- Minimum 100 sf private open space vate patios,private balconies,private roof decks RqwRq of`n st eRelesed stgFag") Common includes courtyards,common balconies,common Minimum 200 sf common open space roof decks,pools/spas,recreation facilities,pedestrian paths Parking Spaces See Sections 2.3.2.1,Provisions for Reduced Parking and 6.3.3, Modification of Parking Standards Residential units w0thop GIGge'' Ait gaFage OF PaFlEimg-` - PerTustin City Code Guestparking Per Tustin City Code Non-residential parking Per Tustin City Code Signage Per Chapter 4,Commercial Design Criteria and Tustin City Code Landscaping Per Chapter 4,Commercial Design Criteria,Section 5.4, Residential Design Criteria and Tustin City Code Public Open Space Per Chapter 4,Commercial Design Criteria and Section 5.4,Residential Design Criteria Note: 1. Setback shall be measured as the perpendicular distance from the ultimate street right-of-way line,or the property line,to the exterior wall of the closest structure. 2. On-site parking shall not be located between the street and the front of the building. 106 City of • •wn Commercial Core �� �� RESIDENTIAL PROVISIONS Table 5.4 —Development Standards for Multi-Family Residential Buildings within DA-6A MULTI-FAMILY RESIDENTIAL BUILDINGS Development Standards for DA-6A These Development Standards shall apply to multi-family residential development within DA-6A. As indicated in Table 5.1, Residential Permitted Use Table, multi-family residential requires approval of a discretionary Residential Allocation Reserva- tion(RAR)entitlement, in addition to any other entitlements required by the project, as provided in Section 6.1.3, Entitlement Processes.See also Section 5.4,Residential Design Criteria Multi-Family Residential Development Standards DA-6A Building Setbacks1 Front setback 5 feet minimum Interior side setback 3 feet minimum Corner side setback 5 feet minimum Rear setback 5 feet minimum Building Height (Parking structures below buildings,rooftop uses(in- 2 stories maximum adjacent to a public street cluding gardens,lounges,and pools/spas),and ar- 4 stories maximum in interior chitectural features(including chimneys and towers) 5 stories maximum adjacent to freeway shall not be included in the height measurement.) Open Space(Per dwelling unit) Both private and common open space are required as follows: Private requires minimum depth of 4 ft.and includes Minimum 100 sf private open space private patios,private balconies,private roof decks P461 m A. Common includes courtyards,common balconies,com- Minimum 200 sf common open space mon roof decks,pools/spas,recreation facilities,pedestri- an paths Parking Spaces See Sections 2.3.2.1,Provisions for Reduced Parking and 6.3.3, Modification of Parking Standards Y Residential units gapage GF P@FWAg54 etblFe Per Tustin City Code Guest parking Per Tustin City Code Landscaping Per Section 5.4,Residential Design Criteria and Tustin City Code Note: 1. Setback shall be measured as the perpendicular distance from the ultimate street right-of-way line,or the property line,to the exterior wall of the closest structure. 2. On-site parking shall not be located between the street and the front of the building. City of Downtown Commercial • • 107 RESOLUTION NO. 4504 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT (SPA) 2024-0006 TO AMEND THE RED HILL AVENUE SPECIFIC PLAN (SP-13) TO MODIFY MULTI-FAMILY RESIDENTIAL PARKING AND PRIVATE STORAGE REQUIREMENTS. I. The Planning Commission finds and determines as follows: A. That a Specific Plan Amendment (SPA) 2024-0006 was initiated by the City to amend the Red Hill Avenue Specific Plan (RHASP; SP-13) to modify multi-family residential parking requirements to match the Tustin City Code (TCC) via reference, including the implementation of a scalable parking requirement based on the number of bedrooms per unit, and to remove the private storage requirement for multi-family residential development. B. That the purpose of the RHASP adopted on November 6, 2018, by Ordinance No. 1498, is to guide the development of the specific plan area into an area that fosters economic development and supports multi-modal transportation and housing opportunities. C. That SPA 2024-0006 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 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 RHASP in November of 2018. SPA 2024-0006 will not change the density or intensity of the specific plan. D. That the proposed amendments comply with the Tustin General Plan in that they comply with the following goal and policy: Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. Resolution No. 4504 SPA 2024-0006 Page 2 SP-13 Goal 6: Implement parking standards that reflect verifiable demand and consider future land uses in the area. E. That on October 22, 2024, a public hearing was duly called, noticed, and held for SPA 2024-0006 by the Planning Commission. F. 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 can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1554 approving SPA 2024-0006 attached hereto as Exhibit A, to amend the RHASP (SP-13) to modify multi-family residential parking requirements to match the TCC via reference and to remove the private storage requirement for multi-family residential development. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22nd day of October 2024. ERIC HIGUCHI Chairperson JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM MICHAEL DAUDT Assistant City Attorney Resolution No. 4504 SPA 2024-0006 Page 3 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. 4504 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 22nd day of October 2024. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary DRAFT ORDINANCE NO. 1554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2024-0006 TO AMEND THE RED HILL AVENUE SPECIFIC PLAN (SP-13) TO MODIFY MULTI-FAMILY RESIDENTIAL PARKING AND PRIVATE STORAGE REQUIREMENTS. 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) 2024-0006 was initiated by the City to amend the Red Hill Avenue Specific Plan (RHASP; SP-13) to modify multi-family residential parking requirements to match the Tustin City Code (TCC)via reference, including the implementation of a scalable parking requirement based on the number of bedrooms per unit, and to remove the private storage requirement for multi-family residential development. B. That the purpose of the RHASP adopted on November 6, 2018, by Ordinance No. 1498, is to guide the development of the specific plan area into an area that fosters economic development and supports multi-modal transportation and housing opportunities. C. That SPA 2024-0006 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 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 RHASP in November of 2018. SPA 2024-0006 will not change the density or intensity of the specific plan. D. That the proposed amendments comply with the Tustin General Plan in that they comply with the following goal and policy: Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. Ordinance No. 1554 SPA 2024-0006 Page 2 SP-13 Goal 6: Implement parking standards that reflect verifiable demand and consider future land uses in the area. D. That a public hearing was duly called, noticed, and held on said application on October 22, 2024, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4504 recommending that the Tustin City Council approve SPA 2024-0006 by adopting Ordinance No. 1554. E. That on _, 2024, a public hearing was duly noticed and called concerning SPA 2024-0006 (Ordinance No. 1554), and the public hearing was held by the City Council. F. That SPA 2024-0006 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 Red Hill Avenue Specific Plan is hereby amended by modifying Section 4.4.3 Mixed-Use Development and Section 4.4.4 Off-Street Parking and Loading Standards, Table 4-4 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. Ordinance No. 1554 SPA 2024-0006 Page 3 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this _t" day of , 2024. AUSTIN LUMBARD, MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1554 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. 1554 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the _t" day of , 2024, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the _t" day of , 202_, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Erica N. Yasuda, City Clerk Published: Exhibit 1 to Draft Ordinance No. 1554 RID HILL AVENUE TUSTIN RED SPECIFIC PLAN SPEC1FIC VPLAN WM 4.4.2 Commercial Commercial development shall comply with the Development Standards as shown in Table 4-3 of this Chapter, and the following standards; A. Office uses shall be consistent with and complement the retail, mixed-use character of the RHASP. B. Office uses shall not utilize street adjacent frontage at the ground floor, unless design and other functional considerations maintain an active street interface similar to a retail commercial frontage. 4.4.3 Mixed-Use Development Mixed-use projects are comprised of a complementary mix of land uses including, commercial retail, office, and residential uses that are part of an integrated single development. Land uses may be arranged vertically in multiple story buildings, or horizontally within separate buildings on a lot, site or parcel. Mixed-use projects shall combine residential uses with retail commercial/office uses. Mixed-use projects may provide commercial and/or office space on the ground floor with residential units above, or distributed horizontally on a project site in individual structures. Stand-alone residential uses are not permitted to face onto Red Hill Avenue. A. General Development Standards 1 . Trash Collection Areas. Trash collection areas shall be contained within an enclosed structure. Trash collection areas shall be designed, located or screened so as not to be readily identifiable from adjacent streets. 2. Loading and Storage Facilities. Commercial loading areas and trash collection areas shall be located as far as possible from the on-site residential units and shall be completely screened from view from adjacent residential, as well as other residential portions of the project. The location and design of the trash collection areas shall ensure no potential nuisances such as odors and noise or conflicts of vehicle accessibility from collection vehicles result. Sensitivity to adjacent residential shall also be considered. 3. Private Stan-age Spaee. A 0-minciii-mus-m 90 eti6ee feet af private stem-age spaee sloiall 6e pravide c�_ e. 4—. Exterior Lighting. Parking lot lighting and security lighting for the commercial uses shall be appropriately shielded as not to spill over into residential areas. Illuminated commercial signs and associated fixtures shall also be shielded to prevent light spillover onto adjacent residential uses as well as residential portions of mixed-use projects. Chapter • Land Use and Development Standards November2018 • 4-75 `FUSTIN RED HILL AVENUE rE 'L � rp RED HI UE SPECIFIC FIC PLAN SPECIFIC PLAN 4.-85- Exterior Equipment. All exteriorly mounted equipment shall be screened from public view. Special consideration shall be given to the location and screening of noise generating equipment (e.g., air conditioning, exhaust fans, refrigeration units, alternative fuel stations,etc.) Noise reducing screens and insulation may be required where equipment has the potential to impact residential uses. a. Satellite dish systems must be screened from view on all sides through use of architectural elements integrated into the design of the building 5.-6- Rooftop Equipment a. Rooftop equipment, except solar energy equipment or alternative energy systems requiring access to solar or wind, shall be completely enclosed on all sides or screened from view of public rights-of-way. b. All roof appurtenances including but not limited to, air conditioning units and mechanical/electrical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets, and adjacent properties. Screening should be designed to be compatible with the architectural design of the building. 6.-7�- Open Space a. A minimum private open space of 100 square feet shall be provided for each dwelling unit. b. A minimum common open space of 200 square feet shall be provided for each dwelling unit. C. A total of 300 square feet of combined private and common open space shall be provided. If the design of a unit does not provide private open space, a minimum of 300 square feet of common open space shall be provided for each unit. d. Open space shall be provided as common and private space. A reasonable proportion of the required open space shall include courtyards, pool/spa areas, rooftop decks, paseos and other similar uses. e. Open space and courtyards located in the commercial areas of mixed-use development shall be accessible to residential occupants and visitors and shall not be counted towards the required minimum common open space. f. Landscaping and seating shall be permanently integrated into all required common open spaces. 7.$ Hours of Operation. The Community Development Director may restrict the hours of operation of nonresidential uses to mitigate adverse impacts to residential uses. 4-76 • November2018 Chapter4 • Land Use and Development Standards RED HILL AVENUE TUSTIN SPECIFIC PLAN ED RELP C1FIC PAN IIIIII SPECIFIC PLAN 8.-9- Landscaping a. A minimum of 10 percent of the total commercial gross lot size shall be permanently landscaped with a variety of live landscape, hardscape materials, and other design elements (i.e. fountains, sculptures, planters, decorative rock, etc.). If a parking area that is within a required setback is landscaped, the landscaped area may be counted toward meeting the minimum landscaping area requirement for the project. b. For the purposes of this section, permanent landscaping shall consist of landscaped areas at the ground level. c. Rooftop landscaping that is permanent, including "green roofs" that are permanently landscaped, irrigated and usable by building tenants can be counted towards meeting required landscape coverage. d. Pedestrian walks and vehicular access ways shall be permitted in landscaped areas but shall not be counted as landscaped areas. e. Permanent and automatic irrigation facilities shall be provided in all permanent landscaped areas except potted containers. f. Landscaping shall be permanently maintained in substantial conformance with the approved plan, including potted containers. 9.4$. Lighting a. Lighting shall comply with the standards and provisions contained in the California Building Code, as referenced in Section 8102 of the TCC, in addition to the following standards: (i) Light poles for uncovered parking areas, vehicle access ways and walkways shall not exceed a height of 16 feet, except that the maximum height on the rooftop of any parking structure located on a lot adjacent to any residential zone shall not exceed a height of 8 feet. (ii) The overall height shall be measured from the paved parking area surface to the uppermost part of the light standard, including the light globe. (iii) Lighting shall be directed onto the driveways, walkways and parking areas within the development and away from adjacent properties and public rights-of-way. Appropriate shields shall be incorporated into lighting fixtures to ensure lighting does not spill onto adjoining properties. 10.E Parking for Flexible Format Retail in Mixed-Use Development a. Flexible Format Retail shall be defined as an enclosed space within a development project that permits residential and/or commercial uses and may be used as such depending on Chapter4 • Land Use and Development Standards November2018 • 4-77 `FUSTIN RED HILL AVENUE rE 'L � rp RED HI UE SPECIFIC FIC PLAN SPECIFIC PLAN market conditions and the preferences of the owner or tenant. Flexible Format Retail is intended to be occupied by business operators who live in the same structure that contains the commercial activity. Flexible Format Retail is intended to function in whatever capacity is deemed appropriate for the owner or tenant and must be consistent with the Specific Plan and per California Building Code requirements. 11.4-2-Applicability and Allowed Uses. The provisions of this section shall apply to Flexible Format Retail development as permitted by Table 4-1, Permitted Land Use and Activities. The nonresidential component of Flexible Format Retail shall only be a use permitted in accordance with Table 4-1, Permitted Land Use and Activities, of this Specific Plan. 12.}-3-.-Limitations on Use. Flexible Format Retail shall not be established or used in conjunction with any of the following activities or any use deemed prohibited per the TCC or determined by the Community Development Director to be not allowed: a. Adult businesses; b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.; c. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use; and d. Other activities or uses, not compatible with residential activities and/or that have the possibility of affecting the health orsafety of residents, because of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes, as determined by the Community Development Director. 13.E Development Standards. The following development standards shall apply to Flexible Format Reta i 1: a. Location of Flexible Format Retail. The location of Flexible Format Retail Space is limited to the following: (i) Flexible Format Retail shall be limited to the ground floor directly facing a public sidewalk or internal circulation path. (i i) Flexible Format Retail shall be designed as independent non-residential space. (iii) Flexible Format Retail shall be limited to occupy no more than 50%of the total assignable square feet of a mixed-use project. 4-I8 • November2018 Chapter 4 • Land Use and Development Standards RED HILL AVENUE TUSTIN RED SPECIFIC PLAN SPEC1FIC VPLAN WM b. Street Frontage Treatment. Flexible Format Retail shall only contain commercial at the ground level when fronting Red Hill Avenue, and shall have a pedestrian-oriented frontage that publicly displays the interior of the nonresidential or intended nonresidential areas of the structure. c. Access to Flexible Format Retail. Where more than one Flexible Format Retail unit is proposed within a single structure, each Flexible Format Retail shall be separated from other Flexible Format Retail space and other uses in the structure. Access to Flexible Format Retail space shall be from common access areas, corridors, or hallways and shall be clearly identified to provide for emergency access. d. Notice to Occupants at Occupancy. The owner or developer of any structure containing Flexible Format Retail shall provide written notice to all adjacent occupants and users on the subject property that the surrounding area may be subject to levels of dust, fumes, noise, or other impacts associated with commercial uses at higher levels than would be expected in more typical residential area. e. Integral layout. The living space within the Flexible Format Retail unit shall be complementary in design and function of the space, with direct access between the two areas. f. The Flexible Format Retail space shall be assigned only one street address. 14.-l-&Sale or Rental of Flexible Format Retail. No portion of a Flexible Format Retail unit may be separately (i.e. independently) sub-leased or sold. a. For Sale units shall be required to establish Conditions, Covenants, and Restrictions (CC&Rs) as part of the property's Joint Owner's Association documents to address limitations on the subleasing, renting and other similar transactional issues. 15.+-6-Findings for Flexible Format Retail. The approval of a Flexible Format Retail Space shall be subject to the following findings: a. The establishment of Flexible Format Retail will not conflict with nor inhibit other uses in the area where the project is proposed. b. All commercial components of the Flexible Format Retail shall be built to commercial standards. c. The use of the Flexible Format Retail shall provide for active commercial frontage at the ground level. Chapter • Land Use and Development Standards November2018 • 4-79 RED HILL AVENUE TUSTIN SPECIFIC PLAN ED RELP C1FIC PAN IIIIII SPECIFIC PLAN b. Parking spaces to serve residential uses shall be specifically designated and shall be reserved for the exclusive use of the residents. c. If structured parking is provided for the entire complex, separate dedicated and accessible areas shall be provided for residential and commercial uses. d. Separate site access drives shall be provided for the residential uses and commercial uses whenever possible. e. Security gates shall be strongly encouraged for access to residential uses and residential parking areas, as well as for securing commercial parking areas when businesses are closed. Table 4-4 Parking Standards for Mixed-Use(Residential and Non-Residential/Commercial)Development(3) Resident Parking Guest Parking (4) Total Parkin R wired (1) (2) Per Tustin City Code Per Tustin City Code Per Tustin City Code Residential 2.9 e 'HH04 76 _.____4109:4 Non-Residential Refer to TCC standards for non-residential use types Notes: (1) Total parking spaces required shall be rounded up to the nearest whole number. (2) Joint use parking shall be permitted subject to the requirements of Chapter 4 of this Specific Plan. Development application requestin joint-use parking shall require a parking management plan subject to the requirements of Chapter 4. (3) Applicants may propose alternative parking standards when an applicant believes the proposed development supports consideration o alternative parking standards.Applicants must provide a parking demand analysis supporting the proposed alternative standards,subject to the requirements of Chapter 4 of this Specific Plan. (4) Guest parking per dwelling unit shall be located on-site or within 500-feet of the property. No tandem parking is permitted. C. Alternative/Shared Parking Alternative Shared Parking Standards. Applicants may propose alternative shared parking standards for parcels with a mixed-use development or development that is utilized at non-traditional hours. The number of off-street parking spaces is stated in Article 9, Chapter 2, Part 6 of the TCC and Table 4-4, Parking Standards for Mixed-Use Residential anal Non-Residential/Commercial Development. of this Specific Plan. Alternative standards for parking shall be considered by the Planning Commission and applicants shall be required to comply with the following procedures: 1 . Mixed-use alternative parking standards are alternatives to required parking as specified in the Specific Plan and the TCC and shall only be permitted where shared parking is to be authorized/approved. 2. Requests for Shared Parking. The utilization of shared parking facilities within the RHASP area is encouraged. Shared parking standards are based on the assumption that patrons will use a single parking space for more than one destination in certain locations within the Specific Plan area and that the parking space will be open and available for short-term parking to serve different uses which may have different peak hours. Chapter4 • Land Use and Development Standards November2018 • 4-27