HomeMy WebLinkAboutORD 1554 (2025)Docusign Envelope ID: 8FE216FD-5C23-4F1B-B56C-D38F6325CF8E
ORDINANCE NO. 1554
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2024-0006
TO AMEND THE RED HILL AVENUE SPECIFIC PLAN (SP-13) 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) 2024-0006 was initiated by the
City to amend the Red Hill Avenue Specific Plan (RHASP; SP-13) 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 RHASP adopted on November 6, 2018, by
Ordinance No. 1498, is to guide the development of the specific plan area
into an area that fosters economic development and supports multi -modal
transportation and housing opportunities.
C. That SPA 2024-0006 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 RHASP in November of 2018. SPA
2024-0006 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. 1554
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Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
SP-13 Goal 6: Implement parking standards that reflect verifiable demand
and consider future land uses in the area.
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.
4504 recommending that the Tustin City Council approve SPA 2024-0006
by adopting Ordinance No. 1554.
E. That on February 18, 2025, a public hearing was duly noticed and called
concerning SPA 2024-0006 (Ordinance No. 1554), and the public hearing
was held by the City Council.
F. That SPA 2024-0006 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 Red Hill Avenue Specific Plan is hereby amended by modifying
Section 4.4.3 Mixed -Use Development and Section 4.4.4 Off -Street
Parking and Loading Standards, Table 4-4 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. 1554
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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:
11�—d-1411
— P
AU WWMBARD,
Mayor
ATTEST: oS
FSigned by:
V'iCa. gxStJ
ERIeADWYA UDA
City Clerk
APPROVED AS TO FORM:
FDocuSigned by:
,: y
DA 8Eff.3 KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1554
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. 1554
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:
f'V'iCa xst'Ja.
ER .04YAUDA,
City Clerk
Ordinance No. 1553
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4.4.2 Commercial
Commercial development shall comply with the Development Standards as shown in Table 4-3 of this
Chapter, and the following standards;
A. Office uses shall be consistent with and complement the retail, mixed -use character of the RHASP.
B. Office uses shall not utilize street adjacent frontage at the ground floor, unless design and other
functional considerations maintain an active street interface similar to a retail commercial frontage.
4.4.3 Mixed -Use Development
Mixed -use projects are comprised of a complementary mix of land uses including, commercial retail,
office, and residential uses that are part of an integrated single development. Land uses may be
arranged vertically in multiple story buildings, or horizontally within separate buildings on a lot, site or
parcel.
Mixed -use projects shall combine residential uses with retail commercial/office uses. Mixed -use projects
may provide commercial and/or office space on the ground floor with residential units above, or
distributed horizontally on a project site in individual structures. Stand-alone residential uses are not
permitted to face onto Red Hill Avenue.
A. General Development Standards
Trash Collection Areas. Trash collection areas shall be contained within an enclosed
structure. Trash collection areas shall be designed, located or screened so as not to be readily
identifiable from adjacent streets.
2. Loading and Storage Facilities. Commercial loading areas and trash collection areas shall
be located as far as possible from the on -site residential units and shall be completely screened
from view from adjacent residential, as well as other residential portions of the project. The
location and design of the trash collection areas shall ensure no potential nuisances such as
odors and noise or conflicts of vehicle accessibility from collection vehicles result. Sensitivity to
adjacent residential shall also be considered.
3. Reserved (Text removed per Ordinance No. 1554).
4. Exterior Lighting. Parking lot lighting and security lighting for the commercial uses shall be
appropriately shielded as not to spill over into residential areas. Illuminated commercial signs and
associated fixtures shall also be shielded to prevent light spillover onto adjacent residential uses as
well as residential portions of mixed -use projects.
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5. Exterior Equipment. All exteriorly mounted equipment shall be screened from public view. Special
consideration shall be given to the location and screening of noise generating equipment (e.g., air
conditioning, exhaust fans, refrigeration units, alternative fuel stations, etc.) Noise reducing screens
and insulation may be required where equipment has the potential to impact residential uses.
a. Satellite dish systems must be screened from view on all sides through use of architectural
elements integrated into the design of the building
6. Rooftop Equipment
a. Rooftop equipment, except solar energy equipment or alternative energy systems requiring
access to solar or wind, shall be completely enclosed on all sides or screened from view of
public rights -of -way.
b. All roof appurtenances including but not limited to, air conditioning units and
mechanical/electrical equipment shall be shielded and architecturally screened from view
from on -site parking areas, adjacent public streets, and adjacent properties. Screening should
be designed to be compatible with the architectural design of the building.
_ 7. Open Space
a. A minimum private open space of 100 square feet shall be provided for each dwelling unit.
b. A minimum common open space of 200 square feet shall be provided for each dwelling unit.
C. A total of 300 square feet of combined private and common open space shall be provided.
If the design of a unit does not provide private open space, a minimum of 300 square feet of
common open space shall be provided for each unit.
d. Open space shall be provided as common and private space. A reasonable proportion of the
required open space shall include courtyards, pool/spa areas, rooftop decks, paseos and
other similar uses.
e. Open space and courtyards located in the commercial areas of mixed -use development shall
be accessible to residential occupants and visitors and shall not be counted towards the
required minimum common open space.
f. Landscaping and seating shall be permanently integrated into all required common open
spaces.
_8. Hours of Operation. The Community Development Director may restrict the hours of operation of
nonresidential uses to mitigate adverse impacts to residential uses.
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9. Landscaping
a. A minimum of 10 percent of the total commercial gross lot size shall be permanently
landscaped with a variety of live landscape, hardscape materials, and other design elements
(i.e. fountains, sculptures, planters, decorative rock, etc.). If a parking area that is within a
required setback is landscaped, the landscaped area may be counted toward meeting the
minimum landscaping area requirement for the project.
b. For the purposes of this section, permanent landscaping shall consist of landscaped areas at
the ground level.
c. Rooftop landscaping that is permanent, including "green roofs" that are permanently
landscaped, irrigated and usable by building tenants can be counted towards meeting required
landscape coverage.
d. Pedestrian walks and vehicular access ways shall be permitted in landscaped areas but shall
not be counted as landscaped areas.
e. Permanent and automatic irrigation facilities shall be provided in all permanent landscaped
areas except potted containers.
f. Landscaping shall be permanently maintained in substantial conformance with the approved
plan, including potted containers.
10. Lighting
a. Lighting shall comply with the standards and provisions contained in the California Building
Code, as referenced in Section 8102 of the TCC, in addition to the following standards:
(i) Light poles for uncovered parking areas, vehicle access ways and walkways shall not
exceed a height of 16 feet, except that the maximum height on the rooftop of any parking
structure located on a lot adjacent to any residential zone shall not exceed a height of 8
feet.
(ii) The overall height shall be measured from the paved parking area surface to the
uppermost part of the light standard, including the light globe.
(iii) Lighting shall be directed onto the driveways, walkways and parking areas within the
development and away from adjacent properties and public rights -of -way. Appropriate
shields shall be incorporated into lighting fixtures to ensure lighting does not spill onto
adjoining properties.
1 1 . Parking for Flexible Format Retail in Mixed -Use Development
a. Flexible Format Retail shall be defined as an enclosed space within a development project
that permits residential and/or commercial uses and may be used as such depending on
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market conditions and the preferences of the owner or tenant. Flexible Format Retail is
intended to be occupied by business operators who live in the same structure that contains
the commercial activity. Flexible Format Retail is intended to function in whatever capacity is
deemed appropriate for the owner or tenant and must be consistent with the Specific Plan
and per California Building Code requirements.
12. Applicability and Allowed Uses. The provisions of this section shall apply to Flexible Format Retail
development as permitted by Table 4-1, Permitted Land Use and Activities. The nonresidential
component of Flexible Format Retail shall only be a use permitted in accordance with Table 4-1,
Permitted Land Use and Activities, of this Specific Plan.
13. Limitations on Use. Flexible Format Retail shall not be established or used in conjunction with any
of the following activities or any use deemed prohibited per the TCC or determined by the
Community Development Director to be not allowed:
a. Adult businesses;
b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and
recreational vehicles), vehicle detailing and painting, upholstery, etc.;
c. Storage of flammable liquids or hazardous materials beyond that normally associated with a
residential use; and
d. Other activities or uses, not compatible with residential activities and/or that have the possibility
of affecting the health or safety of residents, because of dust, glare, heat, noise, noxious gasses,
odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials,
processes, products, or wastes, as determined by the Community Development Director.
14. Development Standards. The following development standards shall apply to Flexible Format
Reta i 1:
a. Location of Flexible Format Retail. The location of Flexible Format Retail Space is limited to the
following:
(i) Flexible Format Retail shall be limited to the ground floor directly facing a public sidewalk
or internal circulation path.
(ii) Flexible Format Retail shall be designed as independent non-residential space.
(iii) Flexible Format Retail shall be limited to occupy no more than 50% of the total assignable
square feet of a mixed -use project.
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b. Street Frontage Treatment. Flexible Format Retail shall only contain commercial at the ground
level when fronting Red Hill Avenue, and shall have a pedestrian -oriented frontage that
publicly displays the interior of the nonresidential or intended nonresidential areas of the
structure.
c. Access to Flexible Format Retail. Where more than one Flexible Format Retail unit is proposed
within a single structure, each Flexible Format Retail shall be separated from other Flexible
Format Retail space and other uses in the structure. Access to Flexible Format Retail space
shall be from common access areas, corridors, or hallways and shall be clearly identified to
provide for emergency access.
d. Notice to Occupants at Occupancy. The owner or developer of any structure containing
Flexible Format Retail shall provide written notice to all adjacent occupants and users on the
subject property that the surrounding area may be subject to levels of dust, fumes, noise, or
other impacts associated with commercial uses at higher levels than would be expected in
more typical residential area.
e. Integral layout. The living space within the Flexible Format Retail unit shall be complementary
in design and function of the space, with direct access between the two areas.
f. The Flexible Format Retail space shall be assigned only one street address.
15. Sale or Rental of Flexible Format Retail. No portion of a Flexible Format Retail unit may be
separately (i.e. independently) sub -leased or sold.
a. For Sale units shall be required to establish Conditions, Covenants, and Restrictions (CC&Rs)
as part of the property's Joint Owner's Association documents to address limitations on the
subleasing, renting and other similar transactional issues.
16. Findings for Flexible Format Retail. The approval of a Flexible Format Retail Space shall be subject
to the following findings:
a. The establishment of Flexible Format Retail will not conflict with nor inhibit other uses in the
area where the project is proposed.
b. All commercial components of the Flexible Format Retail shall be built to commercial
standards.
c. The use of the Flexible Format Retail shall provide for active commercial frontage at the ground
level.
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b. Parking spaces to serve residential uses shall be specifically designated and shall be reserved
for the exclusive use of the residents.
c. If structured parking is provided for the entire complex, separate dedicated and accessible
areas shall be provided for residential and commercial uses.
d. Separate site access drives shall be provided for the residential uses and commercial uses
whenever possible.
e. Security gates shall be strongly encouraged for access to residential uses and residential
parking areas, as well as for securing commercial parking areas when businesses are closed.
Land Use T
Residential
Resident Parking I Guest Parking (4) 1 Total Parking Required (1) (2)
Non -Residential I Refer to TCC standards for non-residential use types
(1) Total parking spaces required shall be rounded up to the nearest whole number.
(2) Joint use parking shall be permitted subject to the requirements of Chapter 4 of this Specific Plan. Development application requesti
joint -use parking shall require a parking management plan subject to the requirements of Chapter 4.
(3) Applicants may propose alternative parking standards when an applicant believes the proposed development supports consideration
alternative parking standards. Applicants must provide a parking demand analysis supporting the proposed alternative standards, subj
to the requirements of Chapter 4 of this Specific Plan.
(4) Guest parking per dwelling unit shall be located on -site or within 500-feet of the property. No tandem parking is permitted.
C. Alternative/Shared Parking
Alternative Shared Parking Standards. Applicants may propose alternative shared parking standards for
parcels with a mixed -use development or development that is utilized at non-traditional hours. The number
of off-street parking spaces is stated in Article 9, Chapter 2, Part 6 of the TCC and Table 4-4, Parking
Standards for Mixed -Use Residentia/and Non -Residentia7/Commercia7Development, of this Specific Plan.
Alternative standards for parking shall be considered by the Planning Commission and applicants shall be
required to comply with the following procedures:
Mixed -use alternative parking standards are alternatives to required parking as specified in the
Specific Plan and the TCC and shall only be permitted where shared parking is to be
authorized/approved.
2. Requests for Shared Parking. The utilization of shared parking facilities within the RHASP area is
encouraged. Shared parking standards are based on the assumption that patrons will use a single
parking space for more than one destination in certain locations within the Specific Plan area and
that the parking space will be open and available for short-term parking to serve different uses
which may have different peak hours.
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