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HomeMy WebLinkAboutPC RES 4524Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 RESOLUTION NO. 4524 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT (SPA) 2024-0004 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) SUCH THAT ONLY OFFICE USES WILL BE ALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET The Planning Commission of the City of Tustin finds and determines as follows: A. That a proper application for SPA 2024-0004 was filed by Ian B. Carter, President of the Wellington Plaza Association, on behalf of the owners of the Wellington Plaza office condominium complex, requesting authorization to amend the DCCSP applicable to the Wellington Plaza office complex such that permitted uses are limited to general and professional offices, photography studios, and tutoring facilities within the existing buildings. B. That the DCCSP, which was adopted on July 3, 2018, by Ordinance No. 1497, allows retail and services uses, including offices, in addition to mixed -use residential uses (subject to approval of a residential allocation reservation) within Development Area (DA) 3, in which Wellington Plaza is located. C. That the owners of Wellington Plaza are desirous of maintaining the property as an office complex only so as to retain the character of the property and ensure compatibility among uses on the site. Office uses are generally non -disruptive in nature, have similar hours of operation, and are less impactful on adjacent uses than many general retail and service uses. D. That a prior amendment (SPA 2020-00001) seeking similar changes was considered by the Planning Commission and City Council in 2020 but was not adopted. The current application, SPA 2024-0004, is a new proposal building on that prior request with revised use limitations and renewed support from the property owners. E. That the applicant wishes the Planning Commission and the City Council to reconsider their request to allow office uses only within the Wellington Plaza complex. F. That SPA 2024-0004 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 Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Resolution No. 4524 SPA 2024-0004 June 24, 2025 Page 2 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 property in effect on January 1, 2018, was the First Street Specific Plan, which allowed commercial uses, but did not allow residential uses or mixed -use residential uses on the property, which are allowed by the DCCSP. G. That SPA 2024-0004 is consistent with the Tustin General Plan in that office uses are allowable uses pursuant to the DCCSP Land Use Designation. In addition, SPA 2024-0004 is consistent with the General Plan Land Use Element goals and policies to achieve balanced development and ensure that compatible and complementary development occurs. H. That the City's Public Works Department, Police Department and Building Division have reviewed the proposed project and have no objection. That a public hearing was duly called, noticed, and held for SPA 2024-0004 on April 22, 2025, by the Planning Commission. J. That at its April 22, 2025 meeting, the Planning Commission held a public hearing to consider SPA-2024-0004; however, no action was taken due to a tie vote (2-2-1). As a result, the Commission did not adopt the proposed resolution to recommend that City Council approve the proposed amendment, or conversely, to deny the request. Therefore, no action was taken. K. That pursuant to Government Code Section 65453, amendments to a Specific Plan must be processed in the same manner as a General Plan amendment, which requires a written recommendation from the Planning Commission made by an affirmative vote of not less than a majority of the total membership of the Commission prior to City Council action. To allow the Planning Commission to consider the proposed amendment and motion to approve or deny the recommendation to the City Council, a second public hearing was duly noticed pursuant to TCC and state law. L. That following the Planning Commission hearing on April 22, 2025, the applicant revised the proposed amendment to remove banks, financial institutions, and credit unions from the list of permitted uses. In support of the revised request, the applicant submitted a signed petition demonstrating support from 13 of the 14 property owners within Wellington Plaza. Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Resolution No. 4524 SPA 2024-0004 June 24, 2025 Page 3 M. That a public hearing was duly called, noticed, and held for the reconsideration of SPA 2024-0004 on June 24, 2025, by the Planning Commission. N. That the proposed Specific Plan Amendment is not subject to the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3), as the amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment and does not meet the definition of a project under Section 15378. O. That in accordance with California Government Code Section 65854, as amended by Assembly Bill 2904 (2024), notice of the continued public hearing scheduled for June 24, 2025, was published in the Tustin News and mailed to property owners within 300 feet of the project site on May 29, 2025. Additionally, the project site was posted with a notice on June 2, 2025. These actions provided the required minimum of 20 days' notice for proposed zoning ordinance amendments that affect permitted land uses. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1565 approving SPA 2024-0004, attached hereto as Exhibit A, to amend the DCCSP applicable to the Wellington Plaza office complex such that permitted uses within the existing buildings located at 505-515 E. First Street shall be limited to general and professional offices, photography studios, and tutoring facilities. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 24t" day of June, 2025. Signed by:�. nUo4wJ 54A5... JUSTINA L. WILLKOM Planning Commission Secretary Signed by: 343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney Signed 2346968bEy5: 03D4DE... TANNER DOUTHIT Chairperson Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Resolution No. 4524 SPA 2024-0004 June 24, 2025 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 and that Resolution No. 4524 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 24th day of June, 2025. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Signed by: (u �. U�i�,Q 04W ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Douthit, Hiquchi, Kozak, Mason (4) Mello (1) Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 �►�I=1111];1,9]ikya ORDINANCE NO. 1565 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT 2024-0004 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN SUCH THAT ONLY OFFICE USES WILL BE ALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET. 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 for Specific Plan Amendment (SPA) 2024-0004 was filed by Ian B. Carter, President of the Wellington Plaza Association, on behalf of the owners of the Wellington Plaza office condominium complex, requesting authorization to amend the Downtown Commercial Core Specific Plan (DCCSP) applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings. B. That the DCCSP, which was adopted on July 3, 2018 by Ordinance No. 1497, allows retail and services uses, including offices, in addition to mixed -use residential uses (subject to approval of a residential allocation reservation) within Development Area 3, in which Wellington Plaza is located. C. That the owners of Wellington Plaza are desirous of maintaining the property as an office complex only so as to retain the character of the property and ensure compatibility among uses on the site. Office uses are generally non -disruptive in nature, have similar hours of operation, and are less impactful on adjacent uses than are some general retail and service uses. D. That a public hearing was duly called, noticed, and held for SPA 2020- 00001 on August 14, 2020, by the Planning Commission, which unanimously adopted Resolution No. 4407 recommending approval of the proposed DCCSP amendment to the City Council. E. That the City Council opened the public hearing at its September 15, 2020 meeting; however, the item was continued to the October 6, 2020, City Council meeting. F. That at the October 6, 2020, City Council meeting, the City Council considered the item and voted to deny the adoption of Draft Ordinance No. 1509 for SPA 2020-00001, with a 2-3 vote. Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Ordinance No. 1565 SPA-2024-0004 Page 2 G. That the applicant wishes to have the Planning Commission and the City Council to re -consider their request to allow only office uses within the Wellington Plaza complex. H. That SPA 2024-0004 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 property in effect on January 1, 2018, was the First Street Specific Plan, which allowed commercial uses, but did not allow residential uses or mixed -use residential uses on the property, which are allowed by the DCCSP. That SPA 2024-0004 is consistent with the Tustin General Plan in that office uses are allowable uses pursuant to the DCCSP Land Use Designation. In addition, SPA 2024-0004 is consistent with the General Plan Land Use Element goals and policies to achieve balanced development and ensure that compatible and complementary development occurs. J. That a public hearing was duly called, noticed, and held on said application on April 22, 2025, by the Planning Commission. However, due to a tie vote (2-2-1, Kozak absent), a motion to approve or deny SPA 2024-0004 failed. K. That a public hearing was held on June 24, 2025, at which time the Planning Commission reconsidered the proposed amendment and adopted Resolution No. 4524 recommending that the City Council approve SPA 2024-0004 by adopting Ordinance No. 1565. L. That on , 2025, a public hearing was duly noticed and called concerning SPA 2024-0004 (Ordinance No. 1565). M. That the proposed SPA is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. SECTION 2. The DCCSP is hereby amended by adding Section 3.2.3 to read as provided for in Exhibit 1. Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Ordinance No. 1565 SPA-2024-0004 Page 3 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 for the City of Tustin on this day of , 2025. AUSTIN LUMBARD, MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1565 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. 1565 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the day of , 2025, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the day of , 20257 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Ordinance No. 1565 SPA-2024-0004 Page 4 Erica N. Yasuda, City Clerk Published: