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HomeMy WebLinkAboutORD 1550 (2025)Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B ORDINANCE NO. 1550 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2024-0001, TO AMEND THE CITY'S ZONING MAP TO APPLY THE HOUSING OVERLAY (HO) DISTRICT TO THE ENDERLE CENTER REZONE PROJECT AREA TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6T" CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN - (ZONE CHANGE 2024-0001) 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 the City's 2021-2029 6th Cycle Housing Element of the General Plan (Housing Element) was certified by the California Department of Housing and Community Development in October 2022. The Housing Element contains the goals and policies the City intends to implement to address several housing - related issues. B. That pursuant to Housing Element Program 1.1(b) and 1.1(f), the City is proposing an overlay zone ("overlay district") for the Enderle Center, Housing Element Site 17 (project site). Residential uses are currently not allowed on the Project site. Upon approval of the Project, the Project site could accommodate 413 units over approximately 7 acres of developable land within the existing 11.8-acre site, resulting in a density of 59 du/ac. The anticipated development over 7 acres may take place on underutilized asphalt parking lot areas, and not require demolition of any existing buildings. Parking displaced as a result of redevelopment would be accommodated by vertical parking structures located within the proposed development. C. That pursuant to Housing Element Program 1.1(g), Zone Change 2024-0002 was initiated by the City to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households pursuant to Government Code Section 65583.2 provisions. Code Amendment would to be consistent with State housing law. D. That the subject property has been used as a commercial retail center since its completion. E. That the project, as proposed would conflict with the existing PC COM Planned Community Commercial zoning district for the site. Ordinance No. 1550 Page 1 of 5 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B F. That the subject property is surrounded by a range of uses including commercial, office, and residential. G. That the proposed zone change would allow for the development of high density residential development where currently none is allowed. H. That the project, as proposed, would have a maximum of 413 units on 7 acres, consistent with high density residential developments. That pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.), the City of Tustin, as lead agency, determined that an Environmental Impact Report (EIR) should be prepared to analyze all potential adverse environmental impacts of the Project and corresponding General Plan Amendment, Code Amendment, and Zone Change, which together are referred to as the "Proposed Project;" That all of the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City of Tustin in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Proposed Project have been adequately evaluated; and K. That the EIR prepared in connection with the Proposed Project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Proposed Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA and the State CEQA Guidelines; and L. That a public hearing was duly called, noticed and held for GPA 2024-0001, ZC 2024-0001, and CA 2024-0003 on September 24, 2024 by the Planning Commission. At that time, the Planning Commission continued the public hearing to October 8, 2024; and M. The Planning Commission called, noticed and held a public hearing for GPA 2024-0001, ZC 2024-0001, and CA 2024-0003 on October 8, 2024, and recommended City Council approval of this Ordinance; and N. The City Council opened a duly noticed public hearing concerning GPA 2024- 0001, ZC 2024-0001, and CA 2024-0003 on November 19, 2024. At that time, the City Council continued the public hearing to a future date; and O. The City Council called, noticed, and held a public hearing on said applications on December 17, 2024; and Ordinance No. 1550 Page 2of5 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B P. The City Council considered all applicable staff reports and all public testimony and evidence presented at the public hearing; and Q. That the proposed ZC 2024-0001 is consistent with the following General Plan Land Use goals and policies: 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 1.5: Encourage compatible and complementary infill of previously by-passed parcels in areas already predominately developed. 3. Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. 4. Policy 1.10: Ensure that the distribution and intensity of land uses are consistent with the Land Use Plan and classification system. 5. Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. 6. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. R. That the proposed ZC 2024-0001 is consistent with the General Plan Housing Element Goal 1 in that ZC 2024-0001 would facilitate the provision of an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project would provide up to 413 housing units. S. That the City Council has considered the EIR along with its MMRP in its evaluation of CA 2024-0001. SECTION 2: That the City Council hereby adopts Ordinance 1550 approving Zone Change 2024-0001, to amend the City's zoning map to apply the Housing Overlay (HO) district to the Enderle Center Rezone Project area and to establish development standards, as identified in Exhibit A and B attached hereto. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion Ordinance No. 1550 Page 3 of 5 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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 7th day of January 2025. Signed by: AUSTiNDUJIVAB'ARD, Mayor ATTEST: DS Signed by: `t'�V'iCa UO&JA ERDW ASU DA, City Clerk APPROVED AS TO FORM: DOCUSigned by: DAbiD8Et 31<04DIG, City Attorney Ordinance No. 1550 Page 4 of 5 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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, 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. 1550 was duly and regularly introduced at the regular meeting of the City Council held on the 17th day of December, 2024, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 7th day of January 2025, by the following vote: COUNCILMEMBER AYES: Nielsen, Gallagher, Schnell (3) COUNCILMEMBER NOES: Fink (1) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: Lumbard (1) The title of Ordinance No. 1547 was included on the published agenda for meetings at which the Ordinance was introduced and passed, and a copy of the full Ordinance was made available to the public online and in print at the meeting prior to the introduction or passage. DS Signed by: q0'st'J& F0 E R I kt4'04VA'90 DA, City Clerk Ordinance No. 1550 Page 5 of 5 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B *:/:I 13 11 r_1 ORDINANCE NO. 1550 ZC-2024-0001 — Amendment to Zoning District from Planned Community Commercial (PC COM) to Planned Community Commercial (PC COM) and Housing Overlay (HO) APNs: 401-251-04, -05, and -06; 401-252-05, -06, -08, -09, and -10; and 401-253-03 and -04. Existing Zoning — PC COM Proposed Zoning — PC COM & HO Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B *:/:1131i 1 ORDINANCE NO. 1500 Housing Overlay Enderle Center Development Standards The following development standards regulate new site and building development by establishing standards for intensity, building height, open space, and other elements. Development standards include street -based frontage standards regulating buildings frontages along existing and new streets to form adequate and pedestrian -friendly building faces. Table 1- Site Development Regulations Site Lot Size' — Residential & Mixed Use None None Lot Width 35 ft None Density Residential Density 20 du/ac None Dwelling Units 0 413 Housing Development Area 0 7 ac Building Height Single & Multifamily Residential None 75 ft Mixed Use None 75 It Building Setback Seventeenth Street loft None Yorba Street loft None Local Road loft None Private Street or Drive 5 ft None Alley 3 ft None Rear Yard loft None Interior Side Yard3 3 ft None Landscape Setback° Seventeenth Street loft None Yorba Street loft None Local Road 5 ft None Private Street or Drive 5 ft None ' Minimum lot size shall accommodate no less than 16 units. z Applies only to single family detached dwelling units, attached dwelling units, and duplexes. 3 Interior side yard setbacks shall maintain an aggregate 10 feet distance between buildings. 4 Minimum landscaped areas are required within building setback areas. Building setbacks from streets are measured from back of rights -of -way. Table 2 - Open Space Regulations TYPE STANDARD PROVISIONS Private open space shall be provided at a minimum depth of 4 feet in the form of Privates 6 100 sf per unit balconies, patios, or other similar private open space acceptable to the Community Development Director. Shared facilities designated as recreational areas. May Common 200 sf per unit include pedestrian paths, common area balconies, common area rooftop decks, recreation buildings, etc. 5 Private attached ground level patios may be credited if open on three sides. Areas not available for open space credit include all streets, driveways, landscaped building setback areas, and parking lots. 6 Private open space may include balconies, patios, courtyards, roof decks, etc. Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B General Requirements A. This site is designated within the Housing Element's "Sites Inventory" (Housing Element Appendix B, Table B-2 of the Housing Element of the General Plan) and is subject to Government Code Section 65863 (No -Net -Loss Law). B. Residential development projects within the Housing Overlay (HO) District, in compliance with the 2021-2029 6` Cycle Housing Element Update, shall be permitted "by right", subject to development standards, objective design standards (ODS) and other applicable objective criteria of the Tustin City Code. C. Residential uses are permitted by right for housing developments in which at least 20 percent of the total units are affordable to lower income households, pursuant to Government Code Section 65583.2 provisions. D. Modifications to design due to site -specific conditions, utility conflicts, or other unforeseen factors shall require approval from the Community Development Director. E. Encroachments into setbacks are subject to the provisions outlined in the Tustin City Code, Article 9, Chapter 2. F. Parking requirements shall adhere to the standards specified in the Tustin City Code. G. For standards and procedures not specifically addressed herein, refer to the Tustin City Code. H. Interpretations of the Enderle Center Housing Overlay (HO) district provisions will be made by the Community Development Director considering factors such as consistency with previous interpretations, the General Plan, and HO District policies, vision and intent. I. The Community Development Director is authorized to review and interpret ambiguities that arises concerning the meaning or application of the provisions of the Enderle Center Housing Overlay (HO). The Director shall consider the following factors when making an interpretation: 1. The case is similar to previous interpretations of similar provisions. 2. The interpretation is supported by the vision, intent and purpose of the HO District. 3. The resulting project is consistent with the General Plan. The Enderle Center HO District serves as official zoning for the properties contained within its boundaries. The Enderle Center HO District and its development standards have been adopted by ordinance, which requires a recommendation by the Planning Commission and approval by the City Council. Any regulation adopted for the Enderle Center Housing Overlay that differs from the Tustin City Code (TCC) shall supersede the TCC. Where the Enderle HO District is silent, the provisions of the TCC shall prevail. The Director of Community Development is authorized to make determinations regarding conflicts or ambiguities related to the Enderle HO District and/or its relationship with the TCC. Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B Additional Requirements A. Pedestrian pathways to Seventeenth Street and Yorba Street shall be provided to ensure access by residents and guests. Such access shall be through paseos, unobscured building corridors or courtyards adjacent to the public right of way. Such access need not be the primary access to buildings or the community. B. A solid freestanding wall greater than three (3) feet is not allowed within landscape setbacks. The Community Development Director may waive this requirement when a higher wall is integrated with the landscaping and patio design and serves a defined purpose. C. Private attached ground level patios may be credited as open space if unenclosed on three sides. Streets, driveways, landscaped building setback areas, and parking lots shall not be credited to the open space requirements.