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HomeMy WebLinkAbout04 PC REPORT ZC 2024-0002 • AGENDA REPORT ITEM 94 MEETING DATE: NOVEMBER 12, 2024 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ZONE CHANGE (ZC) 2024-0002 APPLICANT: PATRICK C. REMOLACIO EBS REALTY PARTNERS, LLC 18881 VON KARMAN AVE., SUITE 1450 IRVINE, CA 92612 PROPERTY THE IRVINE COMPANY OWNER: PO BOX 2450 NEWPORT BEACH, CA 92658 LOCATION: ASSESSOR PARCEL NUMBER (APN) 432-391-59 GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL BUSINESS ZONING: UNCLASSIFIED ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15061 (b)(3) REQUEST: A REQUEST TO ESTABLISH A ZONING DESIGNATION OF PLANNED COMMUNITY INDUSTRIAL (PC-IND) FOR A VACANT REMNANT PARCEL, SUBJECT TO THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY DISTRICT REGULATIONS. NO DEVELOPMENT IS PROPOSED WITH THE SUBJECT REQUEST. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4509 recommending that the City Council adopt Ordinance No. 1557 for ZC 2024-0002 to establish a zoning designation for a remnant parcel of Planned Community Industrial (PC-IND) and subject to the Irvine Industrial Complex Planned Community District regulation. Zoning of Remnant Parcel ZC 2024-0002 November 12, 2024 Page 2 PROJECT APPROVAL AUTHORITY: Government Code Section 65854 requires the Planning Commission hold at least one public hearing before making a recommendation on a zone change application to the City Council. Tustin City Code (TCC) Section 9295 authorizes the City Council to consider zone changes upon recommendation of the Planning Commission. BACKGROUND: The project site is a triangular shaped remnant parcel located adjacent to Tustin Ranch Road and the Interstate 5 Freeway. Tustin Ranch Road is located to the northwest of the project site, the Interstate 5 Freeway is located to the northeast, and a developed office/industrial warehouse property is located to the south. The property to the south is zoned PC-IND and is within the Irvine Industrial Complex Planned Community District. Michelle Drive is located beyond the property to the south (Figure 1). Figure 1 - Vicinity Map and Surrounding Uses 47 a 7P� 6 "v h. 9 813ft 1 ere S Zoning of Remnant Parcel ZC 2024-0002 November 12, 2024 Page 3 Prior to City annexation, the project site and the surrounding areas were located in unincorporated County area and zoned for agricultural uses. The following is a brief history of the City's zoning of the subject parcel and surrounding area: • In 1971 , a large undeveloped property owned by the Irvine Ranch (The Irvine Company) was pre-zoned for residential uses and concurrently annexed into the City of Tustin. This area included the subject parcel and a large area that envelops it. • The land west of Tustin Ranch Road maintained a residential zoning designation, and was developed with residential uses in 1972 and 1973. • In 1974, the City Council approved a rezoning of the undeveloped properties east of Tustin Ranch Road to PC-Industrial, principally because this area was, at that time, under the flight path of the Marine Corp Air Station (MCAS). However, the rezoning effort did not include the subject parcel because the property was intended to be dedicated to Caltrans for a southbound on-ramp, which was anticipated as part of a freeway widening (c. 1980-81). However, the Caltrans project was designed so as not to require the subject parcel, as the on-ramp was constructed to the north, looping under the Tustin Ranch Road bridge. Because the parcel was never dedicated to Caltrans, it remains under the ownership of The Irvine Company. DISCUSSION/ANALYSIS: General Plan Consistency Although the property does not have a zoning designation on the City's Official Zoning Map, it is designated in the City's General Plan Land Use Element as Planned Community Commercial/Business (PCCB). The PCCB land use designation provides opportunities for a mixture of the uses permitted within the Community Commercial, Professional Office, and Industrial designations. A General Plan amendment is not proposed or required as part of this application, as the proposed PC-IND zoning is a zone that is consistent with the site's PCCB designation. Zone Change 2024-0002 The subject site currently does not have a zoning classification, is vacant and no development is proposed with the request. The subject parcel is bounded by Tustin Ranch Road and Interstate 5 Freeway to the northwest and northeast, and by an industrial property developed with an office/warehouse building to the south. The industrial property to the south (2441 Michelle Drive) is zoned PC-IND (Irvine Industrial Complex Planned Community), and it is contiguous with the project site. The proposed zone change Zoning of Remnant Parcel ZC 2024-0002 November 12, 2024 Page 4 application would incorporate the same zoning designation for the project site as is currently applied to the adjacent properties to the south( Figure 2). Figure 2 (Existing and Proposed Zoning) F':.IM[ PC IMp Existing Zoning — Unzoned Proposed Zoning — PC IND The request was submitted by The Irvine Company (existing property owner) to facilitate the sale of the subject site to the owner of the adjacent property to the south, who intends to merge the two properties into one. The Zoning is necessary because a lot consolidation requires both properties to have the same zoning designation. The applicant has expressed that there are no set development plans for the property after the parcels are merged, and that any potential development cannot occur until the lease of the existing tenant on the southern property expires in 2026. However, should a project be proposed in the future, the development proposal would be subject to City review and analysis. Although no development is proposed as part of the subject project, the Irvine Industrial Complex Planned Community District Regulations (Regulations) requires that the site size for all industrial parcels be a minimum of 30,000 square feet. As proposed, the parcel size is 93,218 square feet, which complies with the District regulations. ENVIRONMENTAL REVIEW: The project is exempt pursuant to Section 15061(b)(3), because it can be seen with certainty that there is no possibility the proposed zone change may have a significant effect on the environment. Zoning of Remnant Parcel ZC 2024-0002 November 12, 2024 Page 5 CONCLUSION: As proposed, the project complies with the objectives of the requested zone change and would establish a zoning designation that is consistent with the established General Plan land use designation. Findings to support the Zone Change have been included in the Planning Commission Resolution No. 4509. Prepared by: 4 t Raymon Barragan Principal Planner Approved by: Jay Eastman Assistafit Community Development Director— Planning dAitb 1t111-- Jus a L. Willkom Community Development Director Attachments: A. Radius and Project Location Map B. Resolution 4509 — Zone Change (ZC) 2024-0002 • Exhibit A: Draft Ordinance No. 1557 • Exhibit B: Zone Change Exhibit ATTACHMENT A Location Map APN 432-391-59 ZC 2024-0002 1000 ft. J 1 500 ft. 300 ft. Project Site i E v 300 ft, 500 ft, and 1000 ft Radius Map ATTACHMENT B RESOLUTION NO. 4509 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1557, APPROVING ZONE CHANGE 2024-0002, ESTABLISHING A PLANNED COMMUNITY INDUSTRIAL ZONING DESIGNATION AND SUBJECT TO THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITYDITSRICT REGULATION FOR A 2.14-ACRE VACANT PARCEL (ASSESSOR PARCEL NUMBER (APN) 432-391-59) The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted by The Irvine Company for Zone Change (ZC) 2024-0002, establishing a Planned Community Industrial (PC-IND subject to the Irvine Industrial Complex Planned Community) zoning designation for a 2.14-acre parcel identified as Assessor Parcel (APN) 432-391-59. The proposal does not include development of the project site. B. That a public hearing was duly called, noticed, and held on said application on November 12, 2024, by the Planning Commission. C. That the proposed amendment to the Zoning Ordinance is in the best interest of the public in that it establishes a zoning designation for the project site that is consistent with the General Plan Land Use Element land use designation and establishes development standards should the property be developed in the future. D. That the subject parcel complies with the Irvine Industrial Complex Planned Community District regulations relative to minimum industrial lot size. E. That the subject parcel has an established Planned Community Commercial Business (PCCB) General Plan land use designation that provides opportunities for a mixture of all those activities permitted within the Community Commercial, Professional Office, and Industrial land use designations. F. That the proposed zone change is consistent with the subject site's established General Plan land use designation of Planned Community Commercial Business (PCCB) and the policies of the General Plan, as evidenced by the following findings: (a) That the site has been undeveloped and does not have a zoning Resolution No. 4509 Page 2 designation; therefore, it has no development potential unless a zoning district for the parcel is established. (b) That a parcel with a PC-IND zoning district designation is more beneficial to the existing and adjacent industrial uses than a vacant unutilized parcel. (c) That the project is adjacent and contiguous to an industrial uses and zone to the South, particularly 2441 Michelle Drive (PC-IND; Irvine Industrial Complex Planned Community), which has the same zoning designation. (d) That the proposed zone change is consistent with the General Plan in that the PC-IND (Irvine Industrial Complex Planned Community) zoning district allows for a combination of general industry, business and professional offices, and commercial activities and is consistent with the following goal and policies of the General Plan Land Use Element: 1 . 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. 2. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. F. That the project is exempt pursuant to Section 15061(b)(3), because it can be seen with certainty that there is no possibility the proposed zone change application would have a significant effect on the environment. The proposed zone change would establish a zoning designation for an unzoned vacant parcel with an established General Plan land use designation. No development is associated with the subject zone change request. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1557 approving Zone Change 2024-0002, establishing a zoning designation of Planned Community — Industrial (PC-IND) zoning district, as identified in Exhibit A attached hereto. Resolution No. 4509 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12t" day of November 2024. ERIC HIGUCHI Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Resolution No. 4509 Page 4 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; that Resolution No. 4509 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12t" day of November, 2024. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Ordinance No. 1557 Exhibit B: Zone Change Exhibit EXHIBIT A DRAFT ORDINANCE NO. 1557 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 2024- 0002, ESTABLISHING A PLANNED COMMUNITY INDUSTRIAL ZONING DESIGNATION AND SUBJECT TO THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY DISTRICT REGULATIONS FOR A 2.14-ACRE VACANT PARCEL (ASSESSOR PARCEL NUMBER (APN) 432-391-59) 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 proper application has been submitted by The Irvine Company for Zone Change (ZC) 2024-0002, establishing a Planned Community Industrial (PC-IND; Industrial Complex Planned Community)zoning designation for a 2.14-acre parcel identified as Assessor Parcel (APN) 432-391-59. The proposal does not include development of the project site. B. That a public hearing was duly called, noticed, and held on said application on November 12, 2024, by the Planning Commission. C. That a public hearing was duly called, noticed, and held on said application on , 2025, by the City Council. D That the proposed amendment to the Zoning Ordinance is in the best interest of the public in that it establishes a zoning designation for the project site that is consistent with the General Plan Land Use Element land use designation and establishes development standards should the property be developed in the future. E. That the proposed zone change is consistent with the subject site's established General Plan land use designation of Planned Community Commercial Business (PCCB) and the policies of the General Plan, as evidenced by the following findings: (a) That the site has been undeveloped and does not have a zoning designation; therefore it has no development potential unless a zoning district for the parcel is established. (b) That a parcel with a PC-IND zoning district designation is more beneficial to the existing and adjacent industrial uses than a vacant unutilized parcel. (c) That the project is adjacent and contiguous to an industrial use and zone to the South, particularly 2441 Michelle Drive (PC-IND; Irvine Industrial Complex Planned Community), which has the same zoning designation. (d) That the proposed zone change is consistent with the General Plan in that the PC-IND (Irvine Industrial Complex Planned Community) zoning district allows for a combination of general industry, business and professional offices, and commercial activities and is consistent with the following goal and policies of the General Plan Land Use Element: i. 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. ii. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. F. That the project is exempt pursuant to Section 15061(b)(3), because it can be seen with certainty that there is no possibility the proposed zone change application would have a significant effect on the environment. The proposed zone change would establish a zoning designation for a vacant remnant parcel with an established General Plan land use designation. No development is associated with the subject zone change request. SECTION 2: That the City Council hereby adopts Ordinance No. 1557 establishing a zoning designation of Planned Community — Industrial (PC-IND) zoning district, as identified in Exhibit A attached hereto. 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 of the City of Tustin on the day of , 2025. AUSTIN LUMBARD Mayor ATTEST: ERICA N. YASUDA City Clerk APPROVED AS TO FORM: DAVID E. KENDIG City Attorney 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 member of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1557 was duly passed and adopted at a regular meeting of the City Council on 2025 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCIL MEMBER ABSENT. ERICA N. YASUDA City Clerk Exhibit A: Zoning Map Existing/Proposed EXHIBIT B ZC 2024-0002 To establish a Zoning designation to Planned Community Industrial (PC IND) APN: 432-391-59 y G.: I.I I.I �t y PC COMN /r 9 P,'INP PC INO Existing Zoning — Unclassified Proposed Zoning — PC IND