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