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HomeMy WebLinkAbout09 ZONE CHANGE 2024-002 REMNANT PARCEL AT TUSTIN RANCH ROAD AND INTERSTATE 5 FREEWAYDocusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 MEETING DATE: TO: FROM: SUBJECT: SUMMARY: Agenda Item 9 Reviewed: Initial AGENDA REPORT City Manager a`Ls Finance Director N/A JANUARY 21, 2025 ALDO E. SCHINDLER, CITY MANAGER JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR ZONE CHANGE 2024-0002, REMNANT PARCEL AT TUSTIN RANCH ROAD AND INTERSTATE 5 FREEWAY The applicant, EBS Realty Partners, LLC, on behalf of The Irvine Company, is requesting a zone change to assign a Planned Community Industrial zoning designation to an unclassified remnant parcel. This zone change is necessary to facilitate a lot consolidation with the adjacent industrial property at 2441 Michelle Drive. The Planning Commission held a public hearing on November 12, 2024, and adopted Resolution No. 4509, recommending City Council adoption of Ordinance No. 1557 approving the zone change. APPLICANT: PATRICK C. REMOLACIO, EBS REALTY PARTNERS, LLC 18881 VON KARMAN AVENUE, SUITE 1450 IRVINE, CA 92612 PROPERTY THE IRVINE COMPANY OWNER: P.O. BOX 2450 NEWPORT BEACH, CA 92658 LOCATION: ASSESSOR PARCEL NUMBER (APN) 432-391-59 GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL BUSINESS ZONING: EXISTING: UNCLASSIFIED PROPOSED: COMMUNITY — INDUSTRIAL (PC-IND) RECOMMENDATION: That the City Council conduct first reading by title only for Ordinance No. 1557 and set the second reading for the next available Council meeting. Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 City Council Agenda Report ZC-2024-0002, Remnant Parcel January 21, 2025 Page 2 ENVIRONMENTAL REVIEW: The project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) as there is no possibility that the proposed zone change would have a significant effect on the environment. FISCAL IMPACT: The action has no fiscal impact as it does not involve development at this point in time. CORRELATION TO THE STRATEGIC PLAN: This zone change aligns with Strategic Plan Goal A — Economic and Neighborhood Development by supporting industrial land use and facilitating efficient land consolidation for future development. APPROVAL AUTHORITY: Pursuant to TCC 9295 regarding municipal code amendments, the City Council shall hold a public hearing upon receipt of the recommendation of the Planning Commission. After the conclusion of such hearing, the City Council may, within one (1) year, adopt the proposed amendment or any part thereof in such form as the Council deems desirable. BACKGROUND: The project site is a triangular -shaped remnant parcel (APN 432-391-59) located adjacent to Tustin Ranch Road and the Interstate 5 Freeway. Tustin Ranch Road is to the northwest, the Interstate 5 Freeway is to the northeast, and a developed office/industrial warehouse property is to the south. The industrial property to the south (2441 Michelle Drive) is zoned PC-IND and is within the Irvine Industrial Complex Planned Community District. The parcel was initially intended to be dedicated to Caltrans for a freeway on - ramp project, but this dedication never occurred, and the site remains under the ownership of The Irvine Company. Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 City Council Agenda Report ZC-2024-0002, Remnant Parcel January 21, 2025 Page 3 Figure 1 — Vicinity Map and Surrounding Properties 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 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 City Council Agenda Report ZC-2024-0002, Remnant Parcel January 21, 2025 Page 4 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. The site is currently unclassified on the City's Official Zoning Map but is designated as Planned Community Commercial/Business (PCCB) in the General Plan. The PCCB designation allows for a mixture of Community Commercial, Professional Office, and Industrial uses. The proposed PC-IND zoning is consistent with this designation and matches the adjacent industrial zoning. Separately, the property owner is in the process of obtaining a Certificate of Compliance in regard to the parcel's conformance with the Subdivision Map Act. DISCUSSION: The requested zoning designation would facilitate the sale and merger of the remnant parcel with the adjacent industrial property at 2441 Michelle Drive. This consolidation requires both properties to have the same zoning designation. While no development is proposed at this time, any future development would require City review and compliance with applicable regulations. 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 application would incorporate the same zoning designation for the project site as is currently applied to the adjacent properties to the south. Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 City Council Agenda Report ZC-2024-0002, Remnant Parcel January 21, 2025 Page 5 Existing Zoning — Unzoned Proposed Zoning — PC IND Figure 2 — Existing and Proposed Zoning The request was submitted on behalf of 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. Establishing a zoning designation 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. Planning Commission Action On November 12, 2024, the Planning Commission held a public hearing to consider Zone Change 2024-0002 and adopted Resolution No. 4509, recommending that the City Council approve the zone change and adopt Ordinance No. 1557. PUBLIC NOTICE: Mailers were sent to property owners within 300 feet of the subject property, and a public notice was published in the Tustin News on January 9, 2025, informing the public of the City Council meeting. In addition, the public notice was posted at Tustin City Hall, the Tustin Library, and the Tustin Area Senior Center. Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 City Council Agenda Report ZC-2024-0002, Remnant Parcel January 21, 2025 Page 6 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. Therefore, staff recommends that the City Council conduct first reading by title only of Ordinance No. 1557, approving ZC 2024-0002, and schedule second reading for the next available City Council meeting. Signed by: �� O. o ED45DA2623B54A5... Justina L. Willkom Community Development Director E Signed by: �,� 60F,wa�, E48A67E196754F... For: Jorge Maldonado Associate Planner Attachments: Signed by: C3F97677838E410... Jay Eastman Assistant Community Development Director - Planning 1. Radius and Project Location Map 2. Planning Commission Minutes, November 12, 2024 3. PC Resolution No. 4509 4. Ordinance No. 1557 a. Exhibit A. Zone Change Exhibit Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 ATTACHMENT 1 Location Map APN 432-391-59 ZC 2024-0002 1000 ft. 500 ft. 300 ft. 300 ft, 500 ft, and 1000 ft Radius Map Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING NOVEMBER 12, 2024 7:02 p.m. CALLED TO ORDER. Given. PLEDGE OF ALLEGIANCE: Chair Higuchi All present. ROLL CALL: CHAIR HIGUCHI CHAIR PRO TEM DOUTHIT COMMISSIONERS KOZAK, MASON, AND MELLO PUBLIC INPUT: Hurtado Hurtado confirmed no public input was received. None. CONSENT CALENDAR: Consent 1. APPROVAL OF MEETING MINUTES— OCTOBER 22, 2024 Calendar was approved, as presented. RECOMMENDATION: That the Planning Commission approve the Minutes of the October 22, 2024 Planning Commission meeting, as provided. 2. COMMUNITY ENGAGEMENT STRATEGIES The report outlines the Community Development Department's strategies for notifying the public regarding projects, meetings and hearings. The request was initiated by Commissioner Mason in response to community comments received during the October 8, 2024 hearing of the Housing Element Rezone Project. RECOMMENDATION: That the Planning Commission receive and file the report. Hurtado Hurtado confirmed no public input was received. Minutes — Planning Commission Meeting — November 12, 2024 — Page 1 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 ►R •� Adopted Reso. No. 4508, as provided. Barragan It was moved by Mason, seconded by Kozak, to approve the Consent Calendar, as provided. Motion carried: 5-0. PUBLIC HEARING: 3. CONDITIONAL USE PERMIT 2024-0002 & DESIGN REVIEW 2024-0005 APPLICANT: Don Shiveley - Quick Quack Car Wash 6020 W. Oak Blvd., Suite 300 Rocklin, CA 95765 LOCATION: 1481 Edinger Avenue ENVIRONMENTAL: PROPERTY OWNER: Rob Guthrie - Guthrie Edinger, LLC 36 Executive Park, Suite 250 Irvine, CA 92606 This project is Categorically Exempt pursuant to Section 15303 (Class 3 — new construction or conversion of small structures) of the California Environmental Quality Act. REQUEST: A request to establish a new commercial automated self -serve car wash facility (Quick Quack) including a 3,588 square foot building/car wash tunnel, 19 vacuum stalls, and other site improvements. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4508, approving CUP 2024-0002 and DR 2024-0005 to authorize the establishment of a commercial automated self -serve car wash facility at 1481 Edinger Avenue. Presentation given. Applicant Mr. Don Shiveley, applicant, introduced himself to the Commission. He stated he read the staff report and recommendation, and he was in agreement with the Conditions of Approval. Kozak Kozak asked about the number of entrances into the proposed facility. Minutes — Planning Commission Meeting — November 12, 2024 — Page 2 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 Shiveley In response to Kozak's question, Mr. Shiveley stated the entrance to the proposed facility would be from Red Hill Avenue and Edinger Avenue. Cars will drive up to the queueing lane, which is to the north of the property, into the car wash. The cars would then enter the tunnel from Edinger Avenue, parallel with Red Hill Avenue. Higuchi Higuchi asked the applicant where the primary point of ingress/egress would be. Applicant Mr. Shiveley stated the ingress/egress would be 50/50 at both locations (Red Hill Avenue and Edinger Avenue). He also explained, in great detail, the path of travel from the exhibit shown in the PowerPoint. Mello Mello asked why the applicant would not have access off of Red Hill Avenue and primarily have access off of Edinger Avenue. He also voiced his concern with traffic backing up from the rail road track and Edinger Avenue. Shiveley Mr. Shiveley's response to Mello's previous question generally included: over time the consumers will find the easiest patterns to enter the car wash; the tunnel is capable of processing of approximately 40-50 cars an hour, which allows traffic to flow quicker; there will not be a queing issue at this location; if ever there is a queuing issue, there are systems in place to block off the entrance while attempting to remedy the issue; and once issue is fixed, queuing will resume. Douthit Douthit's questions included: the number of Quick Quack locations; membership; and he referred to the vehicle path of travel with regard to the parcel line to the rear of the proposed project area lot. Shiveley Mr. Shiveley stated Quick Quack has approximately 250 locations in California (currently five in Orange County) and each membership program can be used at all locations. Ron Guthrie In response to Douthit's question regarding the parcel line, Ron Guthrie, owner of the property, spoke, in great detail, on the shared driveways between the existing offices and the proposed project and he confirmed the project site is a land lease and the parcel line is for tax purposes. Higuchi Higuchi asked if a parcel map were to be recorded, would there be a requirement or a condition to record a reciprocal easement agreement? Barragan Barragan confirmed there would be a requirement or a condition to record a reciprocal easement agreement. Mello Mello inquired on the hours of operation being 7am-9pm. He asked if there were any public comments received from the property owners across the street from Minutes — Planning Commission Meeting — November 12, 2024 — Page 3 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 Mello the project location. Mello also asked about the status of Citrus Cafe, the current business at the project location site. Shiveley In response to Mello's previous questions, Mr. Shiveley mentioned Quick Quack's peak traffic hours would be before and after work and during the lunch hour. Eastman Eastman stated notices were sent out prior to the meeting, as required by the TCC, and the site was posted as well. He confirmed no public comments had been received on this item. Guthrie Per Mr. Guthrie, he has been searching fora potential tenant at the project location for two years. Citrus Cafe will be closing due to declining customers and the property owner has waived the monthly lease and only requires the restaurant to pay for utilities. Citrus Cafe's move -out date is January 2025. Higuchi Higuchi asked for the number of employees working for Quick Quack. He also asked if Quick Quack's revenue is subject to the City of Tustin's sales tax. Shiveley Per Mr. Shiveley, there will be approximately 15 employees on staff. At any given time, there will be two to four employees on -site. He added that the revenue Quick Quack generates is not subject to the City of Tustin's sales tax. Public Public comments generally included: Ms. Lana Clay, resident - efficiency of car Comments. wash, the City should consider mitigating the speed change on Edinger Avenue for those drivers entering the car wash; Bob Pflomm - fan of Citrus Cafe, and there being a large number of car washes currently in Tustin; Marie Lluebers — do not need another car wash in the area, need to conserve water/energy, and is also a fan of Citrus Cafe. Shiveley Per Mr. Shiveley, washing a car at home uses more water than when washing a car at a Quick Quack facility (i.e. approximately 120 gallons (home) vs. 28 gallons (Quick Quack)). They recycle approximately 98 percent of the water with the systems used at their facilities. Commission's The project site is a challenged site/corner; self-service car washes are in high final demand; ensure signage is appropriate in size (i.e. no large rubber ducky); concern comments: with access point on Red Hill Avenue; need to look at residential opportunities or some alternative use for the remainder parcels; and the aesthetics of Citrus Cafe will be missed. Motion: It was moved by Mason, seconded by Higuchi, to adopt Resolution No. 4508, as provided. Motion carried: 4-1. Mello dissented from the vote. Minutes — Planning Commission Meeting — November 12, 2024 — Page 4 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 4. ZONE CHANGE (ZC) 2024-0002 APPLICANT: PROPERTY OWNER: EBS Realty Partners, LLC The Irvine Company 18881 Von Karman Ave., Suite 1450 PO BOX 2450 Irvine, CA 92612 Newport Beach, CA 92658 LOCATION: Assessor Parcel Number (APN) 432-391-59 ENVIRONMENTAL: This project is Categorically Exempt pursuantto 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. RECOMMENDATION: Thatthe 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 parcelto Planned Community Industrial (PC-IND) and subjectto the Irvine Complex Planned Community District regulations. Douthit Douthit recused himself due to campaign contributions. Barragan Presentation given. Patrick Mr. Remolacio, applicant, introduced himself and provided background Remolacio information on the proposed project at 1492 Franklin Avenue. Commission The Commission did not have any questions or comments for the applicant. Public Input No public input received. Motion: It was moved by Kozak, seconded by Higuchi. Motion carried 4-0-1 with Douthit dissenting. Minutes — Planning Commission Meeting — November 12, 2024 — Page 5 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 OTHER BUSINESS: Willkom Willkom informed the Commission and the public of the upcoming Housing Rezone item going to the City Council on November 19, 2024. PLANNING COMMISSION COMMENTS AND REPORTS: Mason Mason shared with the Commission the recent public workshop that took place at Zov's restaurant, led by the potential developers for the Enderle Center. The developers discussed their plans and how they plan to communicate and work closely with the City, with regards to their intention with the Enderle Center. She appreciated the update, and suggested the City recruit the public to be more involved. Mason also suggested the City continue making public engagement a priority annually or finding ambassadors or advocates to engage the public. She voiced her concern with the 17t" Street Corridor Plan and would like to receive updates, as well as get educated on this plan. Higuchi Higuchi added that the prospective buyer of Enderle Center is Burnham Ward. Bryon Ward spoke at the workshop and they are contemplating less than 100 for -sale residential units. Zov's, along with some othertenants, will be staying at the Enderle Center. Burnham Ward's developments include SoCo (Costa Mesa and Dana Point Harbor). Kozak Kozak attended the Veterans Day event at Veterans Park on November 9, 2024. Mello Mello thanked staff for answering all of his questions. He asked if there are plans, in the near future, to discuss parking in the City. He also asked if there are any plans for the Pacific Center East Specific Plan (PCESP). Willkom In response to Mello's previous questions, Willkom stated thatthe overall parking study would be a big undertaking for the City and requires hiring a consultant. Currently, there is no timeline. As for the PCESP, there should be more activity in the future, with the new City Manager in place, but there is currently no timeline. Douthit Douthit recently attended a Tustin Area Historical Society annual meeting and the City's 100th Anniversary is only two years away. Higuchi Higuchi's final comments were related to the community engagement strategy: his suggestions included: looking at social media as a strategy for public outreach; there should be a design charette on any controversial project or project in Tustin Legacy; the public deserves transparency; Higuchi helped set up the Veterans Day event; and staff should collaborate with the Parks & Rec commissions on future events. Minutes — Planning Commission Meeting — November 12, 2024 — Page 6 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 8:08 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, November 26, 2024. Ef Signed ey:--II. & 0t�t�,u,� D148F2601EF34A4.._ ERIC HIGUCHI Chairperson Signed by: tkz' n.u.. c4. OWK041-1, ED45DA2623&54A5... JUSTINA L. WILLKOM Planning Commission Secretary Minutes — Planning Commission Meeting — November 12, 2024 — Page 7 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 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: 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 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 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. Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 Resolution No. 4509 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of November 2024. Signed by: D148F2601EF34A4... ERIC HIGUCHI Signed by: n� Chairperson ED45DA2623654A5... JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: �ASigned by: 'I' A 343ADCC695E9466... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 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: Signed by: ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Ordinance No. 1557 Exhibit B: Zone Change Exhibit Higuchi, Kozak, Mason, Mello (4) Douthit (1) Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 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 January 21, 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. Ordinance No. 1557 Page 1 of 4 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 (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: 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. Ordinance No. 1557 Page 2 of 4 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 21st day of January, 2025. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DOCUSigned by: a 4K K 3864F37FD22142C... DAVID E. KENDIG, City Attorney Ordinance No. 1557 Page 3 of 4 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1557 was duly passed and adopted at a regular meeting of the City Council on January 21, 2025, and was given its second reading, passed and adopted at a regular meeting of the City Council held on , 20253 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Exhibit A: Zoning Map Existing/Proposed Ordinance No. 1557 Page 4 of 4 Docusign Envelope ID: DOB94D56-5F89-4420-A351-755B72C60AE7 EXHIBIT A — ZC 2024-0002 To establish a Zoning designation to Planned Community Industrial (PC IND) APN: 432-391-59 Existing Zoning — Unclassified Proposed Zoning — PC IND