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HomeMy WebLinkAboutORD 1553 (2025)Docusign Envelope ID: 8FE216FD-5C23-4F1B-B56C-D38F6325CF8E 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. Ordinance No. 1553 Page 1 of 3 Docusign Envelope ID: 8FE216FD-5C23-4F1B-B56C-D38F6325CF8E 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. 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 February 18, 2025, 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 Page 2 of 3 Docusign Envelope ID: 8FE216FD-5C23-4F1B-B56C-D38F6325CF8E PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 4th day of March 2025. Signed by: AU§TPNDLEC MBARD, MAYOR ATTEST:5 °S Signed by: ERICADWYASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: F City Attorney 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 18th day of February, 2025, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 4th day of March, 2025, by the following vote: COUNCILMEMBER AYES: Lumbard, Nielsen, Gallagher, Schnell, Fink (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: DS Signed by: [00 fyi(& YO&JA ER DWY14AS 1 DA, City Clerk Ordinance No. 1553 Page 3 of 3 (0) Docusign Envelope ID: 8FE216FD-5C23-4F1B-B56C-D38F6325CF8E Table 5.2 — Development Standards for Mixed Use Buildings within DA-1, DA-2, DA-3, DA-613 & 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-66 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-6113 & DA-6C Building Setbacksl Front setback 0 feet minimum Interior side setback From adjacent residential zone 5 feet minimum From adjacent non-residential zone 0feet minimum Corner side setback 0 feet minimum Rearsetback From adjacent residential zone 10feet minimum From adjacent non-residential zone or alley 0feet 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 private patios, private balconies, private roof decks Minimum 200 sf common open space Common includes courtyards, common balconies, common 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 Per Tustin City Code Guest parking 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 TPer 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. Docusign Envelope ID: 8FE216FD-5C23-4F1B-B56C-D38F6325CF8E Table 5.3 — Development Standards for Mixed Use Buildings within DA-4 MIXED USE BUILDINGS im velopment Standards for [A-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 Setbacksl Front setback 0 feet minimum Interior side setback From adjacent residential zone 10feet 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 Minimum 100 sf private open space Private requires minimum depth of 4 ft. and includes pri- vate patios, private balconies, private roof decks Minimum 200 sf common open space Common includes courtyards, common balconies, common 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 Per Tustin City Code Guest parking 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. Docusign Envelope ID: 8FE216FD-5C23-4F1B-B56C-D38F6325CF8E 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 Setbacksl 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) 5stories 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 private patios, private balconies, private roof decks Minimum 100 sf private open space 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 Residential wits 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.