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HomeMy WebLinkAbout15 DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT-WELLINGTON PLAZA.9.10Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 rr�"tY O� AGENDA REPORT MEETING DATE: TO: FROM: SUBJECT: SUMMARY: SEPTEMBER 16, 2025 ALDO E. SCHINDLER, CITY MANAGER Agenda Item 15 Reviewed: '""'a' City Manager a`L5 Finance Director N/A ALEXA SMITTLE, COMMUNITY DEVELOPMENT DIRECTOR DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT APPLICABLE TO WELLINGTON PLAZA The applicant, Ian B. Carter, President of the Wellington Plaza Association, on behalf of the property owners, requests approval of Specific Plan Amendment 2024-0004, which amends the Downtown Commercial Core Specific Plan to limit the allowable uses in the existing Wellington Plaza office complex, located at 505-515 East First Street, to only office -related uses. RECOMMENDATION: That the City Council introduce and have first reading by title only of Ordinance No. 1565 for Specific Plan Amendment 2024-0004, to amend the Downtown Commercial Core Specific Plan to limit the permitted uses within the existing Wellington Plaza office complex to general and professional offices, photography studios, and tutoring facilities; and set the second reading of the ordinance for the next City Council meeting. FISCAL IMPACT: There is no fiscal impact associated with this item. CORRELATION TO THE STRATEGIC PLAN: This project supports Strategic Plan Goal A— Economic and Neighborhood Development, by preserving the character of Wellington Plaza and ensuring compatible office -related uses. It also supports Strategic Plan Goal D — Strong Community and Regional Relationships, through the coordinated effort of the Wellington Plaza Association and support from property owners. BACKGROUND AND DISCUSSION: Wellington Plaza is an existing office complex located at 505-515 East First Street. It was constructed in 1980 on a 1.3-acre site, and consists of five 2-story office buildings, totaling approximately 27,000 square feet. The complex contains 40 office condominium suites. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 City Council Agenda Report Wellington Plaza September 16, 2025 Page 2 In 2020, an application similar to the current proposal was submitted by the Wellington Plaza Association, requesting a specific plan amendment (SPA 2020-00001) to limit Wellington Plaza uses to only offices. The Planning Commission recommended approval of SPA 2020-00001 on August 25, 2020; however, the City Council denied the request on October 6, 2020 (Attachment A.3.). Current Proposal In September 2024, the applicant submitted a proposal (SPA 2024-0004) to amend the DCCSP to limit uses within Wellington Plaza to general and professional offices; banks, financial institutions, and credit unions; photography studios; and tutoring facilities. The Planning Commission considered SPA 2024-0004 at a public hearing on April 22, 2025. However, due to a tie vote (2 ayes, 2 noes, 1 absence), no recommendation could be forwarded to the City Council. As a result of the Planning Commission's April 22, 2025 deliberation, the applicant revised their request by removing banks and financial institutions from the proposed list of allowable uses. The applicant also submitted a petition of support signed by all 14 Wellington Plaza property owners (Attachment A.5). The Planning Commission reconsidered the request, as revised, on June 24, 2025. After a lengthy discussion, with concerns expressed related to whether the amendment might limit the site's future viability and value, the Commission motioned to adopt Resolution No. 4524 (Attachment A.6), recommending that the City Council adopt Ordinance No. 1565. The Planning Commission staff report (Attachment A) and meeting minutes (Attachment B) are provided for reference. CONCLUSION: SPA 2024-0004 reflects the request of the Wellington Plaza property owners to preserve the office character of their property by restricting land uses to only allow general and professional offices, photo studios, and tutoring facilities. Staff recommends approval of the request as it aligns with the City's Strategic Plan. The Planning Commission recommends that the City Council introduce and have first reading by title only of Ordinance No. 1565 for Specific Plan Amendment 2024-0004. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 City Council Agenda Report Wellington Plaza September 16, 2025 Page 3 Signed by: Oa2a 62ESD04D173247B... For: Jay Eastman, AICP Assistant Director - Planning Attachments: Signed by: GG 49EF9FCDA908491... Alexa Smittle Community Development Director A. Planning Commission Agenda Report, June 24, 2025 1. Location Map 2. Planning Commission Resolution 4407 August 25, 2020 (Recommending Approval) 3. City Council Minutes September 15, 2020, and October 6, 2020 (Denial) 4. Planning Commission Minutes April 22, 2025 (No Action) 5. Signed Declarations from Wellington Plaza Condominium Owners 6. Resolution No. 4524 June 24, 2025 (Recommending Approval) B. Planning Commission Minutes, June 24, 2025 (Recommending Approval) C.Ordinance No. 1565 1. Exhibit 1 — Amendment of Section 3.2.3 to DCCSP Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 MEETING DATE TO: FROM: SUBJECT: ATTACHMENT A J U N E 24, 2025 PLANNING COMMISSION JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT (SPA 2024-0004) APPLICABLE TO WELLINGTON PLAZA APPLICANT: IAN B. CARTER, PRESIDENT WELLINGTON PLAZA ASSOCIATION 360 EAST FIRST STREET TUSTIN, CA 92780 PROPERTY OWNER: MULTIPLE OWNERS (ON FILE) 505-515 EAST FIRST STREET TUSTIN, CA 92780 LOCATION: 505-515 EAST FIRST STREET GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) ZONING: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP/SP 12) ENVIRONMENTAL: THE PROPOSED SPECIFIC PLAN AMENDMENT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTIONS 15060(C)(2) AND 15060(C)(3) REQUEST: TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN TO ALLOW ONLY OFFICE USES WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET C7x9101LVAIJil=I'Imy-AIlei ZIA The Planning Commission is respectfully requested to consider the information contained in this staff report and take action as deemed appropriate. For consideration at the pleasure of the Commission, draft resolutions have been prepared for both a Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Planning Commission Report June 24, 2025 Specific Plan Amendment 2024-0004 Page 2 recommendation to the City Council for approval and, alternatively, a recommendation to the City Council for denial. 1. Resolution No. 4524 recommends that the City Council adopt Ordinance No. 1565 approving Specific Plan Amendment 2024-0004 to amend the Downtown Commercial Core Specific Plan applicable to the Wellington Plaza office complex, such that only office uses will be allowed within the existing buildings located at 505-515 E. First Street. 2. Resolution No. 4530 recommends that the City Council deny Specific Plan Amendment 2024-0004 to amend the Downtown Commercial Core Specific Plan applicable to the Wellington Plaza office complex, such that the denial would continue to authorize a variety of land uses within the existing buildings located at 505-515 E. First Street, provided they meet applicable development standards. APPROVAL AUTHORITY: Government Code Section 65453 establishes that a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be amended as often as deemed necessary by the legislative body. BACKGROUND: The Downtown Commercial Core Specific Plan (DCCSP) was adopted on July 3, 2018, by Ordinance No. 1497 and established new zoning regulations for properties within the specific plan area. The DCCSP encompasses approximately 220 acres in the northern portion of Tustin (see Figure 1). It is centered around the intersection of Main Street and El Camino Real in Old Town Tustin. The DCCSP boundaries extend to the parcels on the north side of First Street and the east side of Newport Avenue, south to Interstate 5 (1-5), and west along First Street to State Route 55 (SR-55). The DCCSP is further divided into six (6) Development Areas (DAs), with each DA reflecting the character and allowable uses of different existing built environments. The project site is located in DA-3 (outlined in red in Figure 1), which is comprised of the eastern portion of First Street, extending from Centennial Way on the south side of First Street and Wellington Plaza on the north side of First Street to Newport Avenue. The key focus of DA-3 is a mix of uses and commercial uses along Newport Avenue. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Planning Commission Report June 24, 2025 Specific Plan Amendment 2024-0004 Page 3 Figure 1 — Downtown Commercial Core Specific Plan Planning Area Map Prior to the DCCSP's adoption, the owners of the Wellington Plaza office condominium complex at 505-515 E. First Street had approached the City and expressed concerns with allowing non -office commercial uses on their property. At the time, commercial uses were permitted by right by the pre-DCCSP zoning (First Street Specific Plan), and the property owners wanted to prohibit non -office uses because the complex was originally built for professional office use, not commercial operations. The applicant indicated that the property's design, shared ownership structure, limited parking supply, and internal CC&Rs were not compatible with retail or personal service tenants. However, at the time of the property owner's request, the draft DCCSP had already been prepared, therefore City staff recommended that any changes to Wellington Plaza be deferred until after the plan was adopted, as the requested revision would have delayed the DCCSP's approval. In March 2020, following the adoption of the DCCSP, Specific Plan Amendment (SPA) 2020-00001 was submitted to propose a minor text amendment limiting Wellington Plaza to only office uses. Subsequently, a public hearing was held before the Planning Commission on August 25, 2020, and the Planning Commission voted to unanimously recommend approval (Resolution No. 4407) to the City Council. The public hearing was scheduled before the City Council on September 15, 2020. Prior to the hearing, one of the 16 Wellington Plaza property owners, who had initially supported the application, reversed their position and submitted a letter of opposition. The Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Planning Commission Report June 24, 2025 Specific Plan Amendment 2024-0004 Page 4 City Council continued the item to October 6, 2020 to allow the City Attorney time to review legal implications related to the owner's opposition. On October 6, 2020, the City Council denied the adoption of Draft Ordinance No. 1509 for SPA 2020-00001, with a 2-3 vote (Mayor Pro Tern Clark and Council Members Cooper and Lumbard dissenting). Specific Plan Amendment 2024-0004 The request currently before the Planning Commission, SPA 2024-0004, is a new application; however, it is proposing a similar text amendment as SPA 2020-00001. On April 22, 2025, SPA 2024-0004 was presented to the Planning Commission at a public hearing for consideration and recommendation to the City Council. At that meeting the Planning Commission was unable to make a recommendation as the motion to approve the amendment failed with a tie vote of 2-2-1 (Commissioner Kozak was absent). Because Specific Plans are processed in the same manner as a general plan amendment, a formal recommendation from the Planning Commission must be presented in writing to City Council before they can take action. Pursuant to the Government Code Section 65354, a recommendation for approval shall be made by affirmative vote of not less than a majority of the Commission. The proposal is now being brought back to the Planning Commission to allow the Planning Commission to make an affirmative recommendation which can then be presented to the City Council. This second Planning Commission hearing has been duly noticed pursuant to the TCC and State law. DISCUSSION/ANALYSIS: Wellington Plaza was constructed in February 1980 and is located at 505-515 E. First Street, at the intersection of First Street and Centennial Way (Figure 2). The zoning at the time was Central Commercial, which was established in 1961 by Ordinance 157, and allowed a mixture of commercial retail and office uses. Multi -family dwellings are located to the north and west of the site, while commercial uses are located to the south and east. Wellington Plaza consists of five (5) two-story office buildings totaling approximately 27,000 square feet on a 1.3-acre site. Each of the five (5) buildings are divided into eight (8) office condominium suites, creating a total of forty (40) suites. In December 1985, the First Street Specific Plan (FSSP) was adopted by Ordinance No. 961. The FSSP identified the subject site as "Planning Unit 2 within Subarea 3," where only office uses were identified as a "primary use", with no "secondary use" identified. The FSSP was subsequently amended in November 2012 by Ordinance No. 1414, which re- designated Wellington Plaza as "Commercial", allowing a mix of retail, service, and office uses. As mentioned previously, in 2018 the City adopted the DCCSP, at which time there were not many changes proposed for the subject site, as the new DCCSP also allows the variety of commercial uses, with a notable exception being the introduction of residential mixed use. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Planning Commission Report June 24, 2025 Specific Plan Amendment 2024-0004 Page 5 Figure 2 — Project Site Aerial MR 4. 4.0 `•� � � t � - wig �--�y — _z, � • U { �`►� r,'ti" e _ Project Description Pursuant to the DCCSP, a variety of uses are currently allowed by right, or by conditional use permit, based on the site's DA-3 zoning. For instance, allowable uses include, but not limited to, retail sales, personal service, food service, and medical uses. The applicant, Ian B. Carter, President of the Wellington Plaza Association and associated board members, submitted an application for a minor text amendment that would limit uses in Wellington Plaza to office -related activities. At the April 22, 2025 Planning Commission meeting, the Planning Commission reviewed an amendment that was proposed to read as follows: 3.2.3 Uses within Wellington Plaza Permitted uses at Wellington Plaza, located at 505-515 E. First Street, shall be limited to general and professional offices; banks, financial institutions, and credit unions; photography studios; and tutoring facilities. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Planning Commission Report June 24, 2025 Specific Plan Amendment 2024-0004 Page 6 Following Planning Commission deliberation at the April 22, 2025 public hearing, the applicant requested to remove financial uses from the proposed specific plan text amendment. The proposed amendment now reads as follows: 3.2.3 Uses within Wellington Plaza Permitted uses at Wellington Plaza, located at 505-515 E. First Street, shall be limited to general and professional offices, photography studios; and tutoring facilities. This additional revision is a result of the Planning Commission's deliberation, which highlighted that banks and financial institutions could generate higher client visits than general and professional offices. Additionally, following the Planning Commission meeting, the applicant obtained signatures in support from 13 of the 14 current property owners of Wellington Plaza office condominiums, as provided in Attachment 5. Senate Bill No. 330 SPA 2024-0004 is consistent with Senate Bill (SB) 330, as the DCCSP does not currently allow residential uses on the project site. For background, SB 330 prohibits a county or city, from enacting a development policy, standard, or condition that would have the effect of changing a residential land use designation, or zoning of a parcel or parcels of property to a less intensive residential use, or reducing the intensity of residential land use within an existing zoning district below which was allowed under the General Plan or Specific Plan land use designation and zoning ordinances of the City in effect on January 1, 2018. The zoning of the property in effect on January 1, 2018 was the First Street Specific Plan, which did not allow residential or mixed -use residential uses on the property, and the existing DCCSP also does not allow residential uses on the property; therefore, there is no inconsistency with SB 330. Native American Tribal Consultation Pursuant to California Government Code Section 65352.3 (Senate Bill 18), the City complied with Native American Tribal Consultation requirements for General Plan and Specific Plan amendments. A formal request for a tribal consultation list was submitted to the Native American Heritage Commission (NAHC) on July 25, 2024, and the City received the list on August 8, 2024. The list identified representatives from 10 Native American tribes with potential cultural affiliation in the area. Notification letters regarding SPA 2024-0004 were sent to all identified tribal representatives. The consultation process formally began on August 13, 2024. As no ground -disturbing activities are associated with SPA 2024-0004, no cultural resource concerns were identified during the consultation process. No tribes submitted a request for formal consultation, and the consultation process was concluded on November 11, 2024. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Planning Commission Report June 24, 2025 Specific Plan Amendment 2024-0004 Page 7 Public Notification In accordance with California Government Code Section 65854, as amended by Assembly Bill 2904 (2024), a public hearing notice was published in the Tustin News and mailed on May 29, 2025 to property owners within 300 feet of the project site. Additionally, the project site was posted with a public notice on June 2, 2025. These actions provided the required 20-day minimum notice for zoning ordinance amendments that affect permitted land uses. Environmental Review On June 19, 2018, the Tustin City Council adopted Resolution No. 18-24, certifying the Final Environmental Impact Report (FEIR) for the DCCSP project. The proposed SPA is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3). Specifically, the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment [Section 15060(c)(2)]; and it is not considered a project as defined in Section 15378 [Section 15060(c)(3)], because it has no potential to result in a physical change to the environment, either directly or indirectly. Prepared By: Signed by: Jose Jara, Assistant Planner Approved By: rSigned by: wto-a f awar, Raymond Barragan, Principal Planner Signed by: ,3E97677838E410... Jay Eastman, AICP, Assistant Director - Planning —Signed by: Justina L. Willkom, Community Development Director Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Planning Commission Report June 24, 2025 Specific Plan Amendment 2024-0004 Page 8 Attachments: 1. Location Map 2. Planning Commission Resolution 4407 (August 2020) 3. City Council Minutes September 15, 2020, and October 6, 2020 4. Planning Commission Minutes April 22, 2025 5. Signed Declarations from Wellington Plaza Condominium Owners 6. Resolution No. 4524 (June 24, 2025 - Recommending Approval) a. Draft Ordinance No. 1565 — Exhibit A 7. Resolution No. 4530 (June 24, 2025 - Recommending Denial) II -S � .f� :_ � � � � . ;� �f is#-:' � s,i,•y�A. J �� qj � i:.`;Y.-����'g+rtrs°-�:r:,s�`•"`� �`�:_T'. - � :. a,�.'Y .a°~;�,:y �.i Y:i . '� �i•' • { vY,..1.7.:.; � i*� •,f r. - . . _ _'Y� , .. •- 6'y 6� N'_' p �� K �5 ^I ��� ..._qA1 i �i�b 7t $ ...-sue' � -.. ,,.: • `- C ¢. IPA•. :a. { }ice. `%� •��� �+��:+__ _ _ _ � 'S.. .� '�4.• .... - _ -. - 1- .'Yv�#.''� v.: fi �.jr Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ATTACHMENT A.2 RESOLUTION NO. 4407 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT (SPA) 2020- 00001 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 finds and determines as follows: A. That a proper application for SPA 2020-00001 was filed by Art Bashmakian of Sagecrest Planning and Environmental, 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 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 SPA 2020-00001 is consistent with Senate Bill 330, which lirolhiilbiits a county or city, firoirn enacting a development 1policy, standard, or condition that wound Ihave the effect of clhangiing the hand use designation or zoning of a laircell or laircells of property to a (less intensive use or ireducing the intensity of hand use within an existing zoning diistiriict Fellow what was allowed undeir the geneirall plan or specific plan hand 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 IPlan, wlhiiclh allowed coirnirneirciiall uses, Ibut did not allow iresiidentiiall uses or irniixed use iresiidentiiall uses on the property, wlhiiclh acre allowed Iby the II:::)CCSII. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 E. That SPA 2020-00001 is consistent with the Tustin General Plan in that office uses are allowable uses pursuant to the Downtown Commercial Code Specific Plan Land Use Designation. In addition, SPA 2020-00001 is consistent with the General Plan Land Use Element goals and policies to achieve balanced development and ensure that compatible and complementary development occurs. F. That the City's Public Works Department, Police Department and Building Division have reviewed and support the proposed project, as conditioned. G. That a public hearing was duly called, noticed, and held for SPA 2020- 00001 on August 25, 2020, by the Planning Commission. H. 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. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1509 approving SPA 2020-00001 attached hereto as Exhibit A, to amend the DCCSP applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings located at 505-515 E. First Street. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25t" day of August, 2020. am� A -A bw 08/26/20 20 AMY MASON Chairperson 3� . C-�• 01koyo, 08/26/20 20 JUSTINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 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. 4407 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 25th day of August, 2020. PLANNING COMMISSIONER AYES: Chu, Gallagher, Jha, Kozak, Mason (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: 1"t J TINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ORDINANCE NO. 1509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2020-00001 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 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 2020-00001 was filed by Art Bashmakian of Sagecrest Planning and Environmental, 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 SPA 2020-00001 is consistent with Senate Bill 330, which llrolhiilbiits a county or city, flrolrn enacting a development 1policy, standard, or condition that wound Ihave the effect of clhaingiiing the hand use designation or zoning of a lalrcell or lalrcells of property to a (less intensive use or Ireducing the intensity of hand use within an existing zoning diistlriict Fellow what was allowed ulndelr the gelnelrall 1plan or specific 1plan hand use designation and zoning olydiilnalnces 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 IPlan, wlhiiclh allowed colrnlrnelrciiall uses, Ibut did not allow Iresiidentiiall uses or Irniixed use Iresiidentiiall uses on the property, wlhiiclh alre allowed Iby the II:::)CCSII. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Ordinance No. 1509 SPA 2020-00001 Page 2 E. That SPA 2020-00001 is consistent with the Tustin General Plan in that office uses are allowable uses pursuant to the Downtown Commercial Code Specific Plan Land Use Designation. In addition, SPA 2020-00001 is consistent with the General Plan Land Use Element goals and policies to achieve balanced development and ensure that compatible and complementary development occurs. F. That a public hearing was duly called, noticed, and held on said application on August 25, 2020, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4407 recommending that the Tustin City Council approve SPA 2020- 00001 by adopting Ordinance No. 1509. G. That on September 15, 2020, a public hearing was duly noticed, called, and held before the City Council concerning SPA 2020-00001 (Ordinance No. 1509). H. That the proposed Specific Plan Amendment 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 Downtown Commercial Core Specific Plan is hereby amended by adding Section 3.2.3 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. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 6t" day of October, 2020. DR. ALLAN BERNSTEIN, MAYOR Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Ordinance No. 1509 SPA 2020-00001 Page 3 ATTEST: ERICA N. YASUDA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1509 Erica N. Yasuda, City Clerk and ex -off icio 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. 1509 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 15t" day of September, 2020, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 6th day of October, 2020, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Erica N. Yasuda, City Clerk Published: Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Exhibit 1 to Ordinance No. 1509 3.2.2 Uses within Planned Community Designations All existing Planned Communities (PCs) within the DCC will receive the applicable DCCSP land use designation. To facilitate implementation of the DCCSP, when new development on former PC designated parcels occurs, the proposed development shall conform to the requirements of the DCCSP. However, the Prospect Village live/work project located at the northwest corner of Prospect Avenue and Main Street was approved by Ordinance 1361, which shall be retained to identify the commercial uses permitted within this development. Through Ordinance 1361 this property will retain the PC standards approved as part of the project and if damaged by a natural occurrence, the development may be rebuilt consistent with the original approved PC provisions, or may redevelop consistent with the DCCSP provisions. 3.2.3 Uses within Wellineton Plaza Permitted uses at Wellington Plaza located at 505-515 E. First Street shall be limited to general and professional offices; banks, financial institutions, and credit unions; photography studios, and tutoring facilities. Other uses, such as the various retail and other service uses allowed in Development Area 3 (DA-3), would only be allowed in accordance with the DCCSP if the site were completely redeveloped following damage by a natural occurrence. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ATTACHMENT A.3 CITY OF TUSTIN REGULAR SEPTEMBER 15, 2020 MEETING OF THE CITY COUNCIL �, VIDEO CONFERENCE Letitia Clark, Mayor Pro Tern Charles E. Puckett, Council Member Dr. Allan Bernstein, Mayor Matthew S. West, City Manager Barry W. Cooper, Council Member Erica N.Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING — 4:30 p.m. CALL TO ORDER — #2484 at 4:40 p.m. ATTENDANCE — Present: Mayor Dr. Allan Bernstein, Mayor Pro Tern Letitia Clark and Council Members Charles E. Puckett, Barry W. Cooper and Austin Lumbard Absent: None City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT — None CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 case) 2. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (1 case) A. Title: City Manager City Council September 15, 2020 Meeting Minutes Page 1 of 9 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE 5. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION A. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 related to a written threat to initiate litigation against the City for alleged violation of the California Voting Rights Act. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:30 P.M. CALL TO ORDER — #2484 at 5.41 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE — Mayor Pro Tem Clark PUBLIC INPUT — 1. Asheley Owen 2. Cesar Covarrubias, Kennedy Commission 3. Jeremy Navarro CLOSED SESSION REPORT — City Attorney David E. Kendig: Closed Session has not yet concluded and the Council will convene after Open Session to discuss two items. The City Council did authorize initation of litigation against the City of Santa Ana regarding The Bowery project if that city does not reconsider that vote this evening and reject the project. Other than that, there's no reportable action. CONSENT CALENDAR ITEMS 1-10 — Mayor Bernstein stated that the Council did not receive any public input for the Consent Calendar other than the item submitted by Cesar Covarrubias for Item No.5 which is noted above. Mayor Bernstein noted that a revised exhibit for Item No. 4 and a revised letter for Item No. 10 have been circulated to the Council and made available on the City's website. It was moved by Council Member Puckett and seconded by Mayor Pro Tem Clark to approve the balance as recommended by staff. City Council September 15, 2020 Meeting Minutes Page 2 of 9 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Roll Call Vote — City Clerk Motion carried: 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: The City Council waived reading in full of all ordinances and resolutions on the agenda and declared that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 1, 2020 Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on September 1, 2020. 3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with the approved budget or continued operations authorizations. Motion: The City Council approved Payroll in the amount of $846,885.61; and Demands in the amount of $9,282,225.94. 4. 2020 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED POSITIONS) Biennially the City is required to review the list of designated positions in the Conflict of Interest Code. City staff recommends the following changes to the list of designated filers as follow: /G,615o eels"M Economic Development and Housing Manager (Economic Development) Police Captain (Police Department) Recreation Superintendent (Parks and Recreation Department) Deletions: Administrative Services Manager (Finance Department) Economic Development Project Manager (Economic Development) Principal Management Analyst (Public Works Department) Motion: The City Council adopted Resolution No. 20-60 modifying the Appendix (Designated Positions) contained in the City's Conflict of Interest Code. City Council September 15, 2020 Meeting Minutes Page 3 of 9 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 RESOLUTION NO. 20-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RESOLUTION NO. 18-60 5. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT Pursuant to the Tustin Housing Authority Bylaws and State of California Housing Authorities Law of the California Health and Safety Code, the Tustin Housing Authority ("Housing Authority") is holding an annual meeting in order to receive and file the annual report of its activities for the preceding fiscal year. ri i • .1 The Tustin Housing Authority Commissioners took the following actions: Received and filed the Annual Report for Fiscal Year ("FY") 2019-2020 and transmit such report to the Tustin City Council. The City Council took the following actions: 1. Received and filed the Housing Authority's Annual Report for FY 2019-2020. 2. Directed that a copy of the Housing Authority's Annual Report for FY 2019- 2020 be filed with the City Clerk and ex-officio Clerk of the City Council of the City of Tustin and the California State Department of Housing and Community Development. 6. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the attached Resolution will increase the salary range for the classification of Police Captain to address compensation compaction within Police Department management. Motion: The City Council adopted Resolution No. 20-63 amending the City's Classification and Compensation Plans for Executive Management and Management employees. RESOLUTION NO. 20-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 20-20 7. FY2019 URBAN AREA SECURITY INITIATIVE (UASI) GRANT City Council September 15, 2020 Meeting Minutes Page 4 of 9 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 The City of Santa Ana, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2019 Urban Areas Security Initiative" (UASI) Grant Program. This grant is from the Federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California Emergency Management Agency. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into the Agreement by reference. The Office of Grants and Training has awarded $4,850,000.00 to the City of Santa Ana for use in the Anaheim/Santa Ana Urban Area, for the term of April 9, 2020, through March 31, 2022. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub -Recipient, is authorized to participate in the grant funding. Motion: The City Council: 1. Adopted Resolution 20-64, designating the Chief of Police or his designee as the City's authorized representative for the FY 2019 UASI grant. 2. Approved the FY 2019 UASI Transfer Agreement between the City of Santa Ana and the City of Tustin. RESOLUTION NO. 20-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR THE FY 2019 URBAN AREAS SECURITY INITIATIVE (UASI) 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1510 Adoption of Ordinance No. 1510 amends provisions in the Tustin City Code relating to graffiti and graffiti abatement. Motion: The City Council had second reading by title only and adoption of Ordinance No. 1510. ORDINANCE NO. 1510 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 5, CHAPTER 7 OF THE TUSTIN CITY CODE PERTAINING TO GRAFFITI 9. LEGISLATIVE UPDATE Staff has prepared a summary of legislative activity. City Council September 15, 2020 Meeting Minutes Page 5 of 9 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Motion: The City Council approved the following: 1. Requested signature on AB 434 (Daly): Housing Finance Programs. Uniform Procedures. 2. Requested signature on AB 1286 (Muratsuchi): Shared Mobility Devices. Agreements. 3. Requested Veto on AB 2967 (O'Donnell): Public Employees' Retirement System. Contracting Agencies. Exclusion from Membership. 4. Received and filed the updated Legislative Matrix 10. TUSTIN RESPONSE TO DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF SANTA ANA GENERAL PLAN Tustin City Council concurrence is requested for the City of Tustin's (the City) response to the Draft Program Environmental Impact Report (DPEIR) for the City of Santa Ana General Plan. The proposed General Plan will guide the City of Santa Ana's development for the next 25 years and envisions up to 36,261 additional housing units, 5,849,220 square feet of additional nonresidential space, and 11,436 new jobs between 2020 and 2045. As proposed, 13,438 of these housing units and 2,645,721 square feet of the commercial space could be built in close proximity to Tustin within the approved Metro East Overlay Zone and the proposed 55 Freeway/Dyer Road Focus Area. Motion: The City Council directed staff to forward the revised response letter to the City of Santa Ana. PUBLIC HEARING ITEM 11 11. SPECIFIC PLAN AMENDMENT 2020-00001 City Attorney David E. Kendig provided an update stating that the City received a number of correspondence including a letter from one of the property owners that is subject to the applicant now opposing the application. There are a number of factors that he needs to look at regarding whether or not 10% of this applicant can cause a withdrawl of the application. There's some research that he needs to do including their own CC&Rs so for that reason they need additional time. He recommended continuing this item to a date certain of the next meeting in October. It was moved by Council Member Puckett and seconded by Council Member Lumbard to continue the public hearing to the October 6, 2020 City Council meeting. Roll Call Vote — City Clerk Motion carried: 5-0 City Council September 15, 2020 Meeting Minutes Page 6 of 9 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 REGULAR BUSINESS ITEM 12 12. YEAR-END UPDATE FOR FISCAL YEAR 2019/20 Director of Finance Jason AI-Iman provided a PowerPoint presentation. On June 2, 2020, staff provided the City Council with a report on the estimated impacts associated with COVID-19, which projected General Fund Reserves of $17.1 million at June 30, 2020. This report provides an update on actual General Fund revenues and expenditures now that the books have been closed for Fiscal Year 2019/20. General Fund revenues are approximately $4.3 million better than projected whereas General Fund expenditures are approximately $146,000 higher than expected yet within budgeted amounts. Consequently, General Fund Reserves are approximately $4.2 million higher than expected at $21.3 million as of June 30, 2020 (or 29% of General Fund expenditures), which exceeds the City Council's minimum reserve policy of 20%. The City Council unanimously received and filed this report on Fiscal Year 2019/20. OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Announced the City of Tustin continues to discuss and research Community Choice Energy (CCE), including researching the potential economic benefits for the community; Tustin is looking into potentially partnering with the City of Irvine; city staff participated in a virtual informational meeting, which was hosted by the City of Irvine, as well as, other CCE cities; once city staff has more information, the information will be discussed with City Council to determine the next steps; this information will be provided to the public. Announced, in regards to COVID-19, Orange County has moved into tier 2, the red tier; under the red tier of Governor Gavin Newsom's four -tier Blueprint for a Safer Economy, the county will be able to reopen movie theaters and restaurants for indoor dining at 25% capacity and churches for indoor worship at 25% capacity; shopping centers may expand from 25% capacity to half -capacity under the red tier, movie theaters can reopen at 10%; Orange County schools can re -open as early as September 22nd as long as the metrics stay the same; as it relates to Tustin, schools are scheduled to re -open on September 24t"; the earliest Orange County can move into the next tier would be September 29t" which will include more indoor dining. Announced there was a joint press release announcing the City of Tustin and Brookfield Residential renewal of their commitment to develop a new 400-home community at Tustin Legacy; there was a pause with the development due to COVID-19; this announcement signals a new confidence with the market; the 400 new homes will be constructed in phases under a revised timeline; site preparation and grading is anticipated to begin in Fall 2020, followed by construction of major infrastructure; model home completion is expected in the Spring of 2022. City Council September 15, 2020 Meeting Minutes Page 7 of 9 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper No report. Council Member Lumbard Thanked the Tustin Police Department for their continuous hard work and increased efforts regarding their drug enforcement personnel; they have been working hard in getting a lot of drugs and weapons off the streets. Thanked the Finance Department for the information provided with agenda Item 12 (Year - End Update for Fiscal Year 2019/20); thanked city staff for keeping the City of Tustin fiscally healthy, especially during COVID-19. Requested a graph of the city's budget be shared on the city website so the community can fully understand how the City of Tustin is fiscally doing. Council Member Puckett Attended Zoom meetings with the Orange County Council of Governments, the Southern California Association of Governments, and the Transportation Corridor Agencies. Shared he would like normalcy to return with attending in -person meetings, hopefully soon. Wished his eldest granddaughter, Danica Joy Dotson, a very Happy 25t" Birthday. Mayor Pro Tem Clark Thanked the Orange County Fire Authority (OCFA) firefighters for all they have been doing during the fire season; thanked the OCFA firefighters who continue to protect Tustin. Expressed that it is great news the City of Tustin and Brookfield Residential is moving forward with the development of the new 400-home community at Tustin Legacy; is looking forward to having more discussion on housing diversity in the near future. Requested to have an update at the next City Council meeting, on the Homeless Prevention Program which was established during COVID-19; would like to know if the funds which were allocated to the program have been used? Concurred with Council Member Lumbard regarding having a graph of the city's budget on the city website so the community can fully understand how the City of Tustin is fiscally doing. Announced Girls in Government Summit, which will be held virtually on Saturday, September 26t" from 10.00 a.m.- 12.00 Noon; currently has 62 participants registered; encouraged high school females to sign-up. City Council September 15, 2020 Meeting Minutes Page 8 of 9 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 City Manager Matthew S. West Reported that he will have updated information on the Homeless Prevention Program at the next City Council meeting; additional public assistance plans are currently developing which will be part of the update. Mayor Bernstein September 2 Attended the Orange County Sanitation District, Operations meeting. September 9 Attended the Newport Bay Watershed, Executive Committee meeting. September 11 Attended the Water Advisory Committee of Orange County meeting. September 14 o Attended the Association of California Cities Orange County, Municipals Issues Virtual Summit; very interesting topics were discussed. o Attended the Orange County Sanitation District, Legislative and Public Affairs Committee meeting. Thoughts and prayers to the 1,200 Tustin residents who have been affected by the COVID- 19 virus; currently Orange County has a daily COVID-19 positivity case rate of 4.7% and a 3.9% daily testing positivity rate; looking forward to moving into the next tier. Announced there has been a lot of unfortunate events such as violence, arson, and looting occurring in our society, but is proud to state that Tustin was the first city in Orange County to issue a Solidarity Proclamation. Announced Rosh Hashanah will begin on Friday evening, September 18, 2020 and last until sundown on September 20, 2020. Recessed to Closed Session at 6.12 p.m. Reconvened in Open Session at 6.34 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ADJOURNED at 6.35 p.m. DR. ALLAN BERNSTEIN, Mayor ERICA N. YASUDA, City Clerk City Council September 15, 2020 Meeting Minutes Page 9 of 9 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Letitia Clark, Mayor Pro Tern Charles E. Puckett, Council Member Barry W. Cooper, Council Member Austin Lumbard, Council Member s aF Dr. Allan tsernstein, Mayor OCTOBER 6, 2020 VIDEO CONFERENCE Matthew S. West, City Manager Erica N.Yasuda, City Clerk David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING — 4:30 p.m. CALL TO ORDER — #2485 at 4:30 p.m. ATTENDANCE Present: Mayor Dr. Allan Bernstein, Mayor Pro Tern Letitia Clark and Council Members Charles E. Puckett, Barry W. Cooper and Austin Lumbard Absent: None City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT — None CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION -Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (1 case) City Council October 6, 2020 Meeting Minutes Page 1 of 8 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 A. Title: City Manager 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (2 cases) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE B. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case No. 30-2020-01161134 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:30 P.M. CALL TO ORDER — #2485 at 5.37 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE — Council Member Puckett PRESENTATIONS — Mayor Bernstein presented a Proclamation recognizing USMC Veteran Major James McLaughlin in Honor of his 100th Birthday. Mayor Bernstein presented a Proclamation to Battalion Chief Steve Hurdle recognizing the Orange County Fire Authority's "Fire Prevention Week". PUBLIC INPUT — 1. Weijie Huang 2. Anonymous 3. Mark Bowman 4. Bethany Hernandez CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action but will reconvene after Open Session. CONSENT CALENDAR ITEMS 1-7- It was moved by Mayor Bernstein and seconded by Council Member Puckett to pull Items 6 and 7 and move the balance as recommended by staff. City Council October 6, 2020 Meeting Minutes Page 2 of 8 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Roll Call — City Clerk Motion carried: 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: The City Council waived reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 15, 2020 AND THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL ON SEPTEMBER 28, 2020. Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on September 15, 2020 and the Special Closed Session Meeting of the City Council on September 28, 2020. 3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with the approved budget or continued operations authorizations. Motion: The City Council approved Payroll in the amount of $862,379.31-1 and Demands in the amount of $1,253,895.10. 4. APPROVE THE ORANGE COUNTY VOLUNTEER EMERGENCY PREPAREDNESS ORGANIZATION INDEMNIFICATION AGREEMENT WITH MUNICIPAL WATER DISTRICT OF ORANGE COUNTY The Water Emergency Response Organization of Orange County (WEROC), administered by the Municipal Water District of Orange County (MWDOC), supports and manages countywide emergency preparedness, planning, response, and recovery efforts among Orange County water and wastewater agencies. The Orange County Volunteer Emergency Preparedness Organization Indemnification Agreement, hereinafter referred to as the "WEROC Agreement", provides the framework for countywide mutual aid participation. Motion: The City Council authorized the City Manager to execute the WEROC Agreement with the Municipal Water District of Orange County. 5. APPROVE THE CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT City Council October 6, 2020 Meeting Minutes Page 3 of 8 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 The California Water/Wastewater Agency Response Network (CaIWARN) Agreement, provides a simplistic framework for mutual assistance between water and wastewater agencies statewide. Motion: The City Council authorized the City Manager to execute the California Water/Wastewater Agency Response Network Agreement. 6. APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM (PROPOSITION 68) GRANT FUNDS Director of Parks and Recreation Chad Clanton provided an update. Authorization is requested to apply for Statewide Park Development and Community Revitalization Program (Prop 68) grant funds administrated by the State of California Office of Grants and Local Services for the design and construction of public park amenities at Heideman Elementary School. It was moved by Council Member Lumbard and seconded by Mayor Pro Tern Clark to adopt Resolution No. 20-62 approving application for Statewide Park Development and Community Revitalization Program (Prop 68) Grant funds to pay for the design and construction of public park amenities at Heideman Elementary School. Roll Call — City Clerk Motion carried: 5-0 RESOLUTION NO. 20-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS 7. RESOLUTION OF THE CITY COUNCIL, ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY, INITIATING A REVIEW OF THE PROGRESS IN REDEVELOPING THE FORMER MCAS TUSTIN City Manager Matthew S. West provided an update. Resolution No. 20-65 of the City Council of the City of Tustin (City) acting in its capacity as the Local Reuse Authority (LRA) for former Marine Corps Air Station (MCAS) Tustin would initiate a review of the progress of redeveloping the former installation. It was moved by Mayor Bernstein and seconded by Mayor Pro Tern Clark to: 1. Adopt Resolution No. 20-65 entitled "A Resolution of the City Council of the City of Tustin, California, Acting in its Capacity as the Local Reuse Authority for Former Marine Corps Air Station Tustin, Initiating a Review of the Progress City Council October 6, 2020 Meeting Minutes Page 4 of 8 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 in Redeveloping the Former Installation." And, 2. Direct staff to schedule a special meeting or meetings of the City Council acting in its capacity as the LRA to hold a public forum to receive development updates from, and ask questions of, the various public agencies responsible for development at former MCAS Tustin. Roll Call — City Clerk Motion carried: 5-0 RESOLUTION NO. 20-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY FOR FORMER MARINE CORPS AIR STATION TUSTIN, INITIATING A REVIEW OF THE PROGRESS IN REDEVELOPING THE FORMER INSTALLATION. PUBLIC HEARING ITEM 8 8. SPECIFIC PLAN AMENDMENT 2020-00001 Mayor Bernstein opened the public hearing at 6.01 p.m. and invited the public to submit comments through the e-comment system on the City's website. Principal Planner Scott Reekstin provided a PowerPoint presentation. The project is a request to amend the Downtown Commercial Core Specific Plan (DCCSP) to allow only office uses to be established within the existing buildings at Wellington Plaza located in Development Area 3 of the DCCSP at 505-515 E. First Street. On August 25, 2020, the Planning Commission adopted Resolution No. 4407 recommending that the City Council approve the proposed project. Public hearing closed at 6.07 p.m. with no additional public input. It was moved by Council Member Puckett and seconded by Mayor Bernstein to introduce and have first reading by title only of Ordinance No. 1509 for Specific Plan Amendment (SPA) 2020-00001 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 located at 505- 515 E. First Street, and set the second reading of the ordinance for the next City Council meeting. Roll Call — City Clerk Motion failed: 2-3 (Mayor Pro Tern Clark, Council Members Cooper and Lumbard dissented) City Council October 6, 2020 Meeting Minutes Page 5 of 8 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ORDINANCE NO. 1509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2020-00001 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. REGULAR BUSINESS ITEM 9 9. PUBLIC ART COMMITTEE APPOINTMENT Due to a recent vacancy on the Public Art Committee, Council direction is needed to fill the remaining term through July 17, 2022. It was moved by Mayor Pro Tern Clark and seconded by Council Member Lumbard to appoint Julie Diebolt Price to serve the remaining term. Roll call — City Clerk Motion carried: 5-0 OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Provided an update on the Tustin CARES Program: • The CARES Act was signed into law on March 27, 2020; the program allocates funding directly to States, Counties, and Large Cities; the State and County allocated some of the funding to smaller cities for certain uses; CARES funding can not be used for revenue loss. • On June 2, 2020, Tustin approved the Tustin CARES program; the program's main elements are small businesses and nonprofit assistance, temporary outdoor permits/grants, rental, utility and housing assistance, and meal assistance; city staff developed and implemented these programs in remarkable timeframes. • CARES funding has to be spent by the end of December 2020, any unused funds must be returned; applicable CDBG funding can be spent beyond 2020; city staff continues to evaluate program needs, funding availability, and creative and innovate ways to leverage resources. City Attorney David E. Kendig Recommended the City Council place the CARES Program on the next City Council meeting's agenda for discussion. City Council October 6, 2020 Meeting Minutes Page 6 of 8 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Mayor Dr. Allan Bernstein Agreed in placing the CARES Program on the next City Council meeting's agenda; announced is extremely proud of what the City of Tustin is doing to help the community; thanked city staff for being innovative and stead -fast during this crazy time. COUNCILMEMBER COMMENTS AND REPORTS Council Member Lumbard No report. Council Member Cooper No report. Council Member Puckett No report. Mayor Pro Tem Clark Thanked Regina Blankenhorn, Executive Coordinator; Crystal Luna, Executive Assistant; and all the city staff and speakers who helped with the virtual Girls in Government Summit, which was held on September 26, 2020; thanked City Manager, Matthew S. West for his support with the program; 115 participants were registered for the event; the event was a success with almost double the number of participants from last year's event. October 5 Attended the Families Together of Orange County Community Health Center clinic for their food distribution event; clinics are held on a weekly basis; Families Together of Orange County has administered 6,000 COVID tests; announced is impressed with the local clinic's outreach during this time; is encouraged to hear there's a Families Together of Orange County facility in Tustin. Mayor Bernstein Congratulated Mayor Pro Tern Letitia Clark on a successful Girls in Government Summit; would like to attend next year's event. Thanked city staff and colleagues for being proactive and in touch with the Tustin community; offered well wishes to the 1,300 Tustin residents infected with COVID-19; encouraged everyone to please continue wearing face coverings and practice social distancing. Wished a speedy recovery to the President of the United States, Donald J. Trump, First Lady, Melania Trump, and the President's staff who have been infected with COVID-19. City Council October 6, 2020 Meeting Minutes Page 7 of 8 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 October 2 Attended the Water Advisory Committee of Orange County meeting; discussed the topic of desalination; announced the Santa Ana Regional Water Quality Control Board continued their hearing for the proposed desalination plant; urged everyone to send their support to the Santa Ana Regional Water Quality Control Board. Closed Session Update — City Attorney David E. Kendig: The Council will convene to discuss Items 2 and 4A. Recessed to Closed Session at 6.36 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ADJOURNED at 6.50 p.m. DR. ALLAN BERNSTEIN, Mayor fvi(& q0.S4& ERICA N. YASUDA, City Clerk City Council Meeting Minutes October 6, 2020 Page 8 of 8 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ATTACHMENT A.4 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING APRIL 22, 2025 6:00 p.m. CALLED TO ORDER. Given. PLEDGE OF ALLEGIANCE: Douthit ROLL CALL: Chair Douthit Chair Pro Tern Mason Commissioners Higuchi and Mello ABSENT: Commissioner Kozak PUBLIC INPUT: Hurtado Hurtado confirmed no public input was received. CONSENT CALENDAR: Hurtado Hurtado confirmed no public input was received. Approved 1. APPROVAL OF MEETING MINUTES— MARCH 25, 2025 the Consent Calendar, as provided. RECOMMENDATION: That the Planning Commission approve the Minutes of the March 25, 2025 Planning Commission meeting, as provided. Motion: It was moved by Mason, seconded by Higuchi, to approve the Consent Calendar, as provided. Motion carried 4-0-1. PUBLIC HEARING: Adopted 2. CONDITIONAL USE PERMIT 2025-0002 AND MINOR ADJUSTMENT Reso. No. 2025-0001 4525. Minutes — Planning Commission Meeting — April 22, 2025 — Page 1 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 APPLICANT: LYNN DALEY BARK AVE. ENTERPRISE, INC 6741 E. BONITA COURT ORANGE, CA 92867 PROPERTY OWNER: E & J VENTURES 2020 E. ORANGETHORPE AVE., #210 FULLERTON, CA 92831-5327 LOCATION: 14061 NEWPORT AVENUE ENVIRONMENTAL STATUS: This project is Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. REQUEST: Approval of Conditional Use Permit (CUP) 2025-0002 to operate an all- inclusive animal boarding and kennel facility and Minor Adjustment (MA) 2025-0001 forfence heightexceeding Tustin City Code (TCC) requirements. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4525, approving CUP 2025-0002 to establish an all-inclusive animal boarding and kennel facility within an existing 10,384-square-foot commercial building and MA 2025- 0001 to allow the installation of a new 8-foot-high vinyl fence that exceeds the maximum fence height of six feet eight inches (6' - 8") allowed by TCC 9271i(1)(a) located at 14061 Newport Avenue. Hurtado Hurtado confirmed no public comments received for Item No. 2. Barragan Presentation given. Mason Mason made favorable comments regarding the project. Higuchi Higuchi asked if it is necessary to include all of the tenant improvements within the package. He suggested keeping items like this more streamline. Mello Mello's concerns/questions generally included: possible noise and surrounding neighborhood; sewer subdrains requirement for artificial turf (why not natural turf/landscaping?); clean up not ending up in the storm water drains; and concern with the water quality in the storm drains. Minutes — Planning Commission Meeting — April 22, 2025 — Page 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Barragan Barragan stated that County Animal Control had no concerns about the number of dogs as long as the applicant complies with their regulations, and with the City's Conditions of Approval, no issues are expected. If existing Landscaping is maintained and waste is properly managed to prevent runoff into the storm drain, no further review is needed. However, if artificial turf is proposed, urine would not be able to infiltrate into the ground, in which case Public Works will need to review plans to ensure wastewater is prevented from entering the storm drains. Douthit Douthit inquired on the process during after hours, in the event there was a noise issue with the dogs. If there was a noise complaint, who would the resident contact (City Hall staff, Tustin Police, the business owner, etc.), and if a worker would be onsite during holidays (i.e. 41" of July) to ensure dogs are taken care of and not in distress. Barragan In the event a resident has a complaint, Barragan informed the Commission of the various ways a resident would seek assistance, including if there is a noise issue. If it is during business hours, the resident can contact the City's Code Enforcement to open a case, or the resident could also contact the property owner. He stated that there are Conditions of Approval that allow the City to address operations, to ensure the issue in question is reduced and that there are no impacts to the neighborhood and/or uses surrounding the proposed project. Ms. Lynn Ms. Daly addressed the Commission and stated the following, in general: Daley the proposed project is a franchise; they are the 100t" license that the Dog Spot has issued; based on data, dogs go down for the night once they relieve themselves one last time at 9 or 10pm; the luxury suites are soundproofed rooms; dogs will never be outside unattended; therefore, there should be no noise issue. Mason Mason asked about the busier seasons/holidays. Will staff stay overnight during the busier holidays? Ms. Lynn Ms. Daley stated there is a high demand for boarding facilities. She added Daley that staff will remain on site if/when dogs are sick, there is potential danger (i.e. high winds); and during 4t" of July. Hurtado Hurtado confirmed no public input was received on this item. Minutes — Planning Commission Meeting — April 22, 2025 — Page 3 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Motion: Jara Mr. Ian Carter Higuchi It was moved by Higuchi, seconded by Mello, to adopt Resolution No. 4525, as provided. Motion carried 4-0-1. 3. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT (SPA 2024-0004) APPLICABLE TO WELLINGTON PLAZA APPLICANT: IAN B. CARTER, PRESIDENT WELLINGTON PLAZA ASSOCIATION 360 EAST FIRST STREET TUSTIN, CA 92780 ENVIRONMENTAL STATUS: PROPERTY OWNER: MULTIPLE OWNERS (ON FILE) 505-515 EAST FIRST STREET IRVINE, CA 92780 The proposed Specific Plan Amendment is not subject to the California Environmental Quality Act (CEQA) Sections 15060(C)(2) and 15060(C)(3). REQUEST: A request to amend the Downtown Commercial Core Specific Plan to limit permitted uses to only offices and similar activities within the existing buildings at Wellington Plaza located at 505-515 E. First Street. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4524, recommending that the City Council adopt Ordinance No. 1565 approving Specific Plan Amendment 2024-0004 to amend the Downtown Commercial Core Specific Plan applicable to the Wellington Plaza office complex, such that only offices and similar uses are allowed within the existing buildings Located at 505-515 E. First Street. Presentation given. Mr. Carter provided background history on the request to the City. Higuchi asked the applicant if the property owner had implemented a parking program since 1994, and if there are active property owner Minutes — Planning Commission Meeting — April 22, 2025 — Page 4 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Higuchi association meetings in place. He suggested the applicant get a petition signed by the other owners and association members for this proposed request. Mr. Ian In response to Higuchi, Mr. Carter explained that a previous attempt by the Carter homeowners' association (HOA) to assign parking led to litigation due to disagreement from one of the property owners. He was unaware of any parking program currently in place. HOA meetings are held quarterly, annually, and bi-annually to welcome new board members. Mr. Carter opined that their office condominium project should not have been included in the First Street Specific Plan (FSSP). Mello Mello referred to the FSSP and asked staff what the City's process was when the FSSP was implemented/adopted (i.e. any documentation, public hearings). He asked if the City has a policy in place, currently seeking approval from a property association, such as an HOA, prior to engaging in requests for permits in the City; and if not, why not? He also asked if anything has changed since the City Council denied this same specific plan amendment in 2020. Willkom In response to Mello, Willkom explained that the FSSP was adopted in 1985 with required public noticing at the time. The FSSP did not limit office uses in the project area, as it also allowed other commercial uses, and archive documents are available. While the City does not enforce CC&Rs, it may require certain provisions (e.g., residential parking) if it is in the City's interest. For developments with multiple lots or owners, the City CC&Rs often help inform HOA's of applicable City requirements. As a general rule, cities may choose whether to enforce CC&Rs as part of a city permit approval; or simply advise compliance with CC&Rs. Higuchi Higuchi added, although the City does not enforce the CC&Rs the City does require projects to have CC&Rs in order to avoid issues such as this. Daudt Daudt added, if an applicant is proposing to do certain improvements to a home that require building permit approval, or similar, a city may require, as a policy, that the applicant show they have HOA approval prior to the City issuing a permit; however, he does not think it is typical for a City, when being asked to issue a Certificate of Occupancy, or do their own internal zoning clearance, to ask for review of CC&R's, including with respect to comparing uses permitted by the CC&Rs to the zoning code. Minutes — Planning Commission Meeting — April 22, 2025 — Page 5 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Jara In response to Mello's question regarding what has changed, Jara shared that the previous proposal's text amendments included language regarding the reconstruction of the site after natural disasters, which City staff removed based on the City Attorney's recommendation. He stated that the proposed ordinance principally remains the same as far as the uses; but on a whole, nothing has really changed. Douthit Douthit asked Jara about his comment regarding the only difference being the removal of language related to "natural disasters". Willkom Willkom added, the request is still the same. The applicant previously asked to limit the allowable uses to office use only, which is what they are asking now. She clarified that the composition of the City Council and the Planning Commission has changed. Mason Mason asked, in order to help understand the request better, if staff would clarify what is being proposed. Willkom In response to Mason, Willkom referenced the agenda report and explained that staff proposes an exception applicable to the project site such that Wellington Plaza will be limited to just office uses. The site remains within the boundary of the DCCSP; therefore, if the association and owners choose to redevelop Wellington Plaza in the future, they may request removal of the exception, thereby reinstating the applicable development standards and uses. Commission The Commission further deliberated. Mr. Ian The applicant had another opportunity to speak on behalf of this item. Carter Motion: It was moved by Mason, seconded by Douthit, to adopt staff's recommendation, and approve the proposed specific plan amendment. Motion failed 2-2-1 with Mello and Higuchi dissenting. Daudt Daudt stated no further action is required and that staff would coordinate with the applicantto let him know when the matter would go before the City Council for consideration. Minutes — Planning Commission Meeting — April 22, 2025 — Page 6 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Continued 4. CONTINUATION REQUEST FOR COMPASS AT RED HILL DEVELOPMENT item to the PROPOSAL — RESIDENTIAL ALLOCATION RESERVATION 2025-0001, May 13, DESIGN REVIEW 2024-0014, DEVELOPMENT AGREEMENT 2024-0004, 2025 SUBDIVISION MAP 2024-0005/TENTATIVE TRACT MAP NO. 19361 FOR meeting. CONDOMINIUM PURPOSES, AND DENSITY BONUS REQUESTS SUMMARY: A request to construct a new residential development project that would include 73 condominium units in nine buildings, including four (4) affordable units, on approximately 3.39 acres. Staff requests that the Planning Commission continue the project to the regularly scheduled Planning Commission meeting of May 13, 2025. The continuation will allow staff and the applicant additional time to finalize a few remaining technical issues. RECOMMENDATION: That the Planning Commission continue Residential Allocation Reservation 2025-0001, Design Review 2024-0014, Development Agreement 2024- 0004, Subdivision Map 2024-0005/Tentative Tract Map No. 19361 for condominium purposes, and related Density Bonus concession requests, to the May 13, 2025 Planning Commission Meeting. Motion: It was moved by Mello, seconded by Mason, to continue the item to the May 13, 2025 meeting. Motion passed 4-0-1. None. REGULAR BUSINESS: None 130]19:I: 1:4:1N�y1►1��� Willkom Willkom informed the Commission that the City hired a Deputy Director of Economic Development, Valentin Flores; and that the 2025 Historic Preservation Week will be the week of May 12, 2025, and will include a guided tour, movie night, etc. Eastman Eastman shared that the Objective Design Standards (ODS) and Jessup's Development Agreement were both approved by the City Council, and both will be in effect 30 days after the approval. Minutes — Planning Commission Meeting — April 22, 2025 — Page 7 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 PLANNING COMMISSION COMMENTS AND REPORTS: Higuchi Higuchi commended DiLeva on a job well done with the Citizens Participation Committee meeting held in March. Mason No comments. Douthit Douthit made favorable comments regarding the townhome apartments on El Camino ReaVNewport Avenue. Mello No comments. ADJOURNMENT: 7:40 p.m. The next regular meeting of the Planning Commission is scheduled for Tuesday, May 13, 2025. Signed by: 234696BE503D4DE... TANNER DOUTHIT Chairperson Signed by: d . In'uQek4 ,, ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Minutes — Planning Commission Meeting — April 22, 2025 — Page 8 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ATTACHMENT A.5 ATTACHED TO AND MADE A PART HE6` VMc-, PER VARAGRAIPH 14 OF THE ENCLOSED iFNF91ROMMENT ASSESSMENT FORM. SIGNED ON JULY 3, 2024, T® SUBMIT TO THE COMMUMOT4Y DEVELOPMENT DEPARTMENT, THE CITY OF TU5TIN, ON BEHALF OF THE WELLINGTON PLAZA ASSOCIATMN Wellington Plaza Permitted Uses The Planned Community known as Wellington Plaza located at 505-51.5 East First Street, Tustin, CA 92780 permits only the following uses (or uses which, in the opinion of the Wellington Plaza Association Board and/or the Community Development Director are similar) in the Wellington Plaza Office Complex. No retail uses shall be permitted in the Wellington Plaza complex, except as shown as one exception at the end of this list. 1. Advertising Agency 2. Architect Services office 3. Attorney's office 4. Automobile Broker (office -use only) 5. Business Broker sales office 6. Chiropractic office, where massage services are provided as an accessory service by a state - licensed chiropractor or other exempted professional as defined in Section 3665 of the Tustin City Code. May also include Acupuncture. 7. Collection Agency (office -use only) B. Consultants office 9. Contractors and Building Consultants office 10. CPA office (includes Accountant's office) 11. Drafting Office 12. Economic Consultant 13. Engineer office 14. Financial Services office 15. General Business Office 16. Insurance Agency office 17. Interior Decorator office 16. Land Management office 19. Management office 20. Management office -technical and professional consultants office 21. Medical office - includes dental office 22. Medical Treatment office ® to include individual treatment such as Yoga and Pilates 23. Mortgage Broker office 24. Network Marketing office 25. Optometrist office 26. Personnel Agency office 27. Photography Studio office 28. Physical Therapist office - includes sports therapist 29. Professional Consultant office 30. Real Estate Development office Page 1 of 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 31. Real Estate Management office 32. Real Estate Sales office 33. Security Services Firm office 34. Software Development Firm office 35. Stock -Broker office 36. Surveyor office 37. Social work office 38. Therapist office 39. Travel Agency office 40. Tutoring Facilities office 41. Wellness office There is one retail use, Hair Stylist, that is grandfathered into the Wellington Plaza project. That usage has been approved and will be allowed moving forward. If that specific user leaves Wellington Plaza they may be replaced by another hair stylist. That hair salon owner purchased their space they will be allowed to continue to be a hair salon. This is the only retail use allowed in Wellington Plaza, no other retail use shall be allowed. General Conditions and Regulations for Permitted Uses - All services rendered by permitted cases shall be conducted within the confines of the unit within an enclosed building specified for use by the particular user. From time to time Wellington Plaza Association has the right to include additional office space uses to this list, should it be necessary. Page 2 of 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 e enc Property Management, Inc. 17662 IRVINE BLVD., SUITE 5 TUSTIN, CALIFORNIA 92780 (714) 838-0 Mr. Jose Java Assistant Planner Community Development Department 300 Centennial Way Tustin, CA 92780 RE: Signed Declarations by Wellington Plaza Owners & List of Wellington Plaza Permitted Uses Dear Mr. Java: Regency Property Management is the managing entity for Wellington Plaza. Per your recent request please find enclosed copies of the signed Declarations by the Owners that office in Wellington Plaza. Wellington Plaza has 40 legal condominiums, with one or more unit(s) owned each owner. At present Wellington Plaza has 14 physical owners. Copies of the Declarations are enclosed. The enclosed copies of 13 signed Owner Declarations represent ownership in 39 legal condominium units. These declarations evidence that 97.5% of the owners approve of the Board of Directors representing Wellington Plaza Association's application to the City of Tustin. A super majority vote of 66-213 is required for this Declaration to be approved. There is 1 outstanding owner whose declarations we expect forthwith. We have more than sufficient votes to approve this declaration. We will forward the 1 additional declaration to you once we receive it. Please find enclosed a copy of the Wellington Plaza Permitted Uses. This is forwarded to you as a courtesy since we believe you already have this information. If there is any other information you may require please contact me at you convenience. Sincerely, Regency Property Management Company �_ t/ y: Joseph Negli , Owner Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Wellington Plaza Declarations Signed Building Units Owned Owners Name Signed 505 A Kathy Bates yes 505 B,C,D Dennis & Schwab Inc. yes 505 E,F,G Jamsheed Goudasz yes 505 H Gregory Morse yes 507 A,B,C Emilin Powell yes 507 D Kenneth Paulino yes 507 E,F,G Bonnie Piazza yes 507 H Danielle Weber yes 511 A.B,C,D Weber, Christensen, & Hendricks yes 511 E,F,G Ardavan Yeganeci yes 511 H Gerald Diza & Phong Trau expected 513 A,B,C Dr. Mooslehi yes 513 D,E,F,G,H Ackworth Partners, LLC yes 515 A,B,C,D,E,F,G,H Mourad Corporation yes 5 Bldgs. 40 units 14 Owners 13 signed Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 WELLINGTON PLAZA PROPERTY OWNER DECLARATION Project Information: Request to the City of Tustin for Planned Community to allow for "Office Use" only. Name: Commonly known as Wellington Plaza Office Condominium Association (Assoc of 40 Legal Condos). Location: 505-519 East First Street, Tustin, CA 92780 Physical Property Address (s) applicable to this Declaration (list numbers below): Applicant Name: Wellington Plaza Association, c/o Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92869-2443. Type of Review Requested: Planned Community to allow for office Zoning Only. OWNER DECLARATION hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". i hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association I hereby agree I hereby agree with the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certify to the best of my knowledge all of the information required by the City of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application forms, and other submission materials as specified in the informational handout provided by the Community Development Department. The information submitted is to the best of my knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. Date: xU _1 " Print Name &Title PhysicalPropertyAddress(s) 5,5A F isT �'r; �d��;. i,�r cL�� Phone Number'74—ESL- 5,"* Mail Address Email�ba'F�5 {a2 ��, Signature 40 Please mail or email to: Regency Management, Inc., 7811 E. Appaloosa Trail, CA. 92869-2443 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 WELLINGTON PLAZA PROPERTY OWNER DECLARATION Project Information: Request to the City of Tustin for Planned Community to allow for "Office Ilse" only. Name: Commonly known as Wellington Plaza Office Condominium Association (Assoc of 40 Legal Condos). Location., 505-519 East First Street, Tustin, CA 92780 Physical Property Address (s) applicable to this Declaration (list numbers below): Applicant Name: Wellington Plaza Association, c/o Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92869-2443. Type of Review Requested: Planned Community to allow for Office Zoning Only. OWNER DECLARATION I hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association I hereby agree I hereby agree with the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certify to the best of my knowledge all of the information required by the City of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application forms, and other submission materials as specified in the informational handout provided by the Community Development Department. The information submitted is to the best of my knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. Date: 5/5/2025 Print Name & Title Patricia Doi - Owner/CEO PhysicalPropertyAddress(s) 505 E. 1 st Street, Suite El, C, D Tustin CA 92780 Phone Number 714-505-1270 Mail Address 505 E 1 st Street, Suite S, C, 13 Tustin CA 92780 Ismail info daiweb.com^� Signature ^ s` Please mail or email to: Regency Management, Inc., 7811 E. Appaloosa Trail, CA. 92869-2443 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 WELL►NGTON PLAZA PROPERTY OWNER DECLARATION Project Information: Request to the City of Tustin for Planned Community to allow for "Office Use" only. Name: Commonly known as Wellington Plaza Office Condominium Association (Assoc of40 Legal Condos). Location: 505-516'East First Street, Tustin, CA 92780 Physical Property Address (s) applicable to this Declaration (list numbers below): Applicant Name: Wellington Plaza Association, c/o Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92869-2443. Type of Review Requested: Planned Community to allow for Office Zoning Only. 01NNER DECLARATION I hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association I hereby agree I hereby agree with the application to the City of Tustin to allow for `Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certify to the best of my knowledge all of the information required by the City of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application forms, and other submission materials as specified in the informational handout provided by the Community Development Department. The information submitted is to the best of my knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. Date:-uia� Print Name & Title^ PhysicalPropertyAddress(s) CFt4E Phone Number24��4(> 714f Mail Address -- ErnallUKMVaaSlaw 2e�&hao. Signature_ __-�7: e&AA Isn kJ _ eA , 41 Z") Please mail or email to: Regency Management, Inc., 7811 E. Appaloosa Trail, CA. 92869-2443 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 WELLINGTON PLAZA PROPERTY OWNER DECLARATION Project Information; Request to the City of Tustin for Planned Community to allow for "Office Use" only. Name: Commonly known as Wellington Plaza Office Condominium Association (Assoc of 40 Legal Condos). Location: 505-515 East First Street, Tustin, CA 92780 Physical Property Address (s) applicable to this Declaration (list numbers below): Applicant Name: Wellington Plaza Association, c/o Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92869-2443. Type of Review Requested: Planned Community to allow for Office Zoning Only. OWNER DECLARATION I hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association I hereby agree I hereby agree with the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certify to the best of my knowledge ail of the information required by the City of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application forms, and other submission materials as specified in the informational handout provided by the Community Development Department. The information submitted is to the best of my knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. Date:_05/06/2025 Print Name & Title: —Gregory N. Morse, Owner Physical Property Address(s)_505 E. 15, Street Suite H, Tustin CA 92780 Phone Number 14-832-8880 15, Street, Suite H, Tustin CA 92780 Mail Address _Law Offices of Gregory N Morse APLC, 505 E Email_greg@greglaw.com Signature-__/s/gregory n morse/ Please mail or email to: Regency Management, Inc., 7811 F. Appaloosa Trail, CA. 92869-2443 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 WELLAIN-9,19RAL.Aza.PRQPE EGLARATION _ PF01e0t 11Bf®lFffl& ior%o Request to the City of Tustin for Planned Community to allow for "Office Use" only. Name: Commonly known as Wellington Plaza Office Condorir mum Assodation (Assoc of 40 Legal Condos). Looa#ion: 505-51 ir -east First Street, Tustin, CA 82780 PhYsi&al Prope-rlq9 Addvoss (z) appldc2h% W this 00@110ra4ion (lima numbers balow)e AppRe-ant Name: Wellington Plaza Association, ®'m Regency Management, Inc, 7811 E. Appaloosa `fail, CA. 92009 2443. T fP@ of ROAouil R@gtu@sftde Planned Corr MUnity to allow for Office Zoning Only. I hereby certify that I am One of the owners of tl�e real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wa4ington Plaza Office Condominium Association I hereby agree wM the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certify to the Kest of my Iznowledge all of the information mquired by the Clty of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application forms, and other submission materials as specified in the informational handout prodded by the Community Development Department. The information submitted is to the best of ray knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. Print Name & Title: J,� VJ Physical Proper2y�Address(s): ;L-7ON Phone Number: 4 � Signature & Date: Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 r--- _. _....-- Prot irflarmation: RequM to the City of TUsUn for Planned Community to allow for "Onke Usew only. Nam: Commonly known as Wallington Plus Office Condominium Assock0m (Assoc of 40 Legal Condos). Loaatlon: 50541.3EiM Pirat Sbt, Tustin, CA 92780 Physical Properly Address (s) appilcablo to this Declarattn (list nun*srs bate": Ap~ Nam: Vbiellin f n Plaza Assocaton, 1% Regency Mamigemenk Inc. 7811 E. Appaloosa TWI, Cif. 92889-2442. of Revive Retg : M n:.sd CandmunilkV to allot for Office Zoning Only. I hereby certify that I am arts of the ormem W thm r''erA1 proparty described in the abovp_' iFroparty Owner Declaradon". i hereby aokrtowii c that as an inner of record within the VWfington Plaza Me Condominium Association I hereby agm with the appttcafian to the City of Tustin to allow for0ORice Use zoning only within Ala"fingian Plaza located at Centanrdal Way and first Street t hereby certify to Via bast of my krimuladge, all of the information raquired.by the City of Tustin Is being submitted by the WellinMon pla-9 As 1afton Board and the submitted applicatIon, including supplemental application forms, and other submission triete€ as . spertfied In the in M'01ional handout provided by the Commune i3mloprnent Depamncnt The Inkrmallon submitted is to the best of rnsy tnmdedgo and belief, true and cormKft represented. Should any or all of the Inkratstica submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustsn harmiessi from liability and Iuss by rtaason of : 5 raitnoe on any such rotor moon. - I We" grantthe City the suft* to pkm a pubiIchearing notte cm Me mb)W pro • Print Name S We: � Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ®ECLARATION K®OM ilRMW u�W@w Request to the City of Tustin for planned Community to allow for "Office Use" only. Name. Commonly known as Wellington Plata Office Condorninilurn Association (Assoc of 40 Legal Condos). L®r,,ti@wo 505-515 Fast First Street, Tustin, CA 92760 Fftyslcaa Prowft Address (g) Ppplflc@l ie �� aai sec IMP is r pztt u�ambors b@d@ t Appii@gait Malmo. Wellington Plaza Association, % Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92869-2443. IWO of R@Wow Requostt@de Planneu Community to allow for office Zoning only. 6,'ifL _'; !'_ I hereby certify that I am one of the owners of the real property described in tine above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association I hereby 2gree with the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certify to the best of my knowledge all of the information reclulred by the City of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application forms, and other submission materials as specified in the informational handout provided by the Community Development Department. The information submitted is to the best of my knowledge and relief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property, Print Name & Title: i� 'VL q,-Z�a- , Ot"Whe-#- Physical Property Ad r ss(s): Phone Number: Signature & Date: Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 DECLA MT 10 PruDoog lnfarrmgt6 n. Request to the City 0f Tustin for Planned Community to allow for "Office Use" only. M-tmw Commonly known as Wellington Plaza Office Condominium Association (Assoc of 40 Legal Condos). Locati@ne 505-519 Fast First Street, Tustin, CA 02780 FhYSS Gnl Prr@POMJ Ac9c Mss M &PPUGablg to this Dcc 0miratlon alist Uium m halpuv)o Apph@aw Namou; Wellington Plaza Association, % Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92809-2443. Typo of Mav6ew Rego®stedo Planned Community W allow f0T Ofarce Zoning Only. hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association I hereby agree with the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certify to the best of my knowledge all of the information required by the City 0f Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application foams, and other submisslon r'naterials as specified in the informational handout pravided by the Community Development DepaR meat. The information submitted is to the best of my knowledge and Belief, true and carrectly represented. Should any or all of the information submitted be false or incovrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a piaMc hearing notice on the subject property. Print Name & Ttie: QVILA . Physical Property Addrm(s): ' �, i I V- Phone Number: (T-J L�) t'-J L't Uj Signature & Date: Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 WELLINGTON PLAZA PROPERTY OWNER DECLARATION Project Information: Request to the City of Tustin for Planned Community to allow for "Office Use" only, Name: Commonly known as Wellington Plaza Office Condominium Association (Assoc of 40 Legal Condos). Location: 505-513 East First Street, Tustin, CA 92780 Physical Property Address (s) applicable to this Declaration (list numbers below): Applicant Name: Wellington Plaza Association, c/o Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92869-2443. Type of Review Requested: Planned Community to allow for Office Zoning Only. OWNER DECLARATION I hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association 1 hereby agree I hereby agree with the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certify to the best of my knowledge all of the information required by the City of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application forms, and other submission materials as specified in the informational handout provided by the Community Development Department. The information submitted is to the best of my knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. I, r Date: Physi Phon Emai Please mail or email to: Regency Management, Inc., 7811 E. Appaloosa Trail, CA. 92869-2443 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 WELLINGTON PLAZA PROPERTY OWNER DECLARATION Project Information: Request to the City of Tustin for Planned Community to allow for "Office Use" only. Blame: Commonly known as Wellington Plaza Office Condominium Association (Assoc of 40 Legal Condos). Location: S05-513 East First Street, Tustin, CA 92780 Physical Property Address (s) applicable to this Deciaration (list numbers below): Applicant Name: Wellington Plaza Association, c/o Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92869-2443. Type of Review Requested: Planned Community to allow for Office Zoning Only. OWNER DECLARATION I hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association I hereby agree I hereby agree with the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. 1 hereby certify to the best of my knowledge aH of the information required by the City of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including suppiementai application forms, and other submission materials as specified in the informational handout provided by the Community Development Department. The information submitted is to the best of my knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, i hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property, Date: �? 17/; -� Print Name & Title R VjV%�i✓ ' G f PhysicaiPropertyAddress(s) 511 Phone Number7//-2/-_- rV V `/ Mail Address Iq r'.7. j'f t' f -'Ar Email,Li jZ Y5 �, [460 Signature 17i -2 Please mail or email to: Regency Management, Inc., 7811 E. Appaloosa Traii, CA. 92869-2443 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 WELLINGTON PLAZA PROPERTY OWNER DECLARATION Project Information: Request to the City of Tustin for Planned Community to allow for "Office Use" only. Name: Commonly known as Wellington Plaza Office Condominium Association (Assoc of 40 Legal Condos). Location: 505-51iTEast First Street, Tustin, CA 92780 Physical Property Address (s) applicable to this Declaration (list numbers below): Applicant Name: Wellington Plaza Association, c/o Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92869-2443. Type of Review Requested: Planned Community to allow for Office Zoning Only. OWNER DECLARATION I hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association I hereby agree I hereby agree with the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certify to the best of my knowledge all of the information required by the City of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application forms, and other submission materials as specified in the informational handout provided by the Community Development Department. The information submitted is to the best of my knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. Date: Print Name & Title� Ph sicalPro ert Address s `3 A Bi�ls� Y p Y t) �7 i . /4, %iN cA-. qj .7 3 c3 Phone Number?/413',T 6100 Mail Address /: • /5� iu�s7a 5r zz i�i t /,�} 1 l, L1 Email Mn5nicE' -1,C m Signature Please mail or email to: Regency Management, Inc., 7811 E. Appaloosa Trail, CA. 92869-2443 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 WELLINGTON PLAZA PROPERTY OWNER DECLARATION Project information: Request to the City of Tustin for Planned Community to allow for "Office Use" only. Name: Commonly known as Wellington Plaza Office Condominium Association (Assoc of 40 Legal Condos). Location: 505-51f East First Street, Tustin, CA 92780 Physical Property Address (s) applicable to this Declaration (list numbers below): Applicant Name: Wellington Plaza Association, c/o Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92869-2443. Type of Review Requested: Planned Community to allow for Office Zoning Only. OWNER DECLARATION I hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association I hereby agree i hereby agree with the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certifyto the best of my knowledge all of the information required by the City of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application forms, and other submission materials as specified in the informational handout provided by the Community Development Department. The information submitted is to the best of my knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. Date: ,, -2010-5 Print Name & Title PhysicalPropertyAddress(s) Phone Number74-Ha •-SeiB�f Mail Address 511'5C Email ie Ferc c t,LotA Signature. Please mail or email to: Regency Management, Inc., 7811 E. Appaloosa Trail, CA. 92869-2443 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 WELLINGTON PLAZA PROPERTY OWNER DECLARATION Project Information: Request to the City of Tustin for Planned Community to allow for "Office Use" only. Name: Commonly known as Wellington Plaza Office Condominium Association (Assoc of 40 Legal Condos). Location: 505-515 East First Street, Tustin, CA 92780 Physical Property Address (s) applicable to this Declaration. Building 515 Suites A, C, D, E, F, G, H Applicant Name: Wellington Plaza Association, c/o Regency Management, Inc, 7811 E. Appaloosa Trail, CA. 92869-2443. Type of Review Requested: Planned Community to allow Office Zoning Only. OWNER DECLARATION I hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association i hereby agree 1 hereby agree with the application to the City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way and First Street. I hereby certify to the best of my knowledge that all the information required by the City of Tustin is being submitted by the Wellington Plaza Association Board and the submitted application, including supplemental application forms, and other submission materials specified in the informational handout provided by the Community Development Department. The information submitted is to the best of my knowledge and belief, true and correctly represented. Should any or all the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harmless from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. Date: 05/01/2025 Print Name & Title: Jaime Mourad CEO Mourad Corporation Physical Property Address(s): Building 515 Suites A, B, C, D, E, F, G, H Phone Number: (323) 806 8414 Mail Address: 2275 Huntington Dr # 310 San Marino CA 91108 Email: 'aimemaurad ahoo eom Signature:':` Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Wellington Plaza Declarations Signed Building Units Owned Owners Name Signed 505 A Kathy Bates yes 505 B,C,D Dennis & Schwab Inc. yes 505 E,F,G Jamsheed Goudasz yes 505 H Gregory Morse yes 507 A,B,C Emilin PoweLt yes 507 D Kenneth PauLino yes 507 E,F,G Bonnie Piazza yes 507 H Danielle Weber yes 511 A.B,C,D Weber, Christensen, & Hendricks yes 511 E,F,G Ardavan Yeganeci yes 511 H PhongTran yes 513 A,B,C Dr. Mooslehi yes 513 D,E,F,G,H Ackworth Partners, LLC yes 515 A,B,C,D,E,F,G,H Mourad Corporation yes 5 Bldgs. 40 units 14 Owners 14 signed Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 uocusign tnveiope iu: 9494A42B-8464-484B-B4F3-94C1DEFBC2E8 NGTON PLAZA PROPERTY O WNE, Project Information: Request to the City of Tustin for Planned Community to all Name: Commonly known as Wellington Plaza Office Condominium Association (i Location: 505-513 East First Street, Tustin, CA 92780 Physical Property Address (s) applicable to this Declaration (list numbers befow) Applicant Name: Wellington Plaza Association, c/o Regency Managemen Trail, CA. 92869-2443. Type of Review Requested: Planned Community to allow for Office Zoning Onlj OWNER DECLARATION TION for "Office Use" only. oc of 40 Legal Condos). Inc, 7811 E. Appaloosa I hereby certify that I am one of the owners of the real property described in the above "Property Owner Declaration". I hereby acknowledge that as an owner of record within the Wellington Plaza Office Condominium Association I hereby agree I hereby agree with the application to he City of Tustin to allow for "Office Use" zoning only within Wellington Plaza located at Centennial Way 3nd First Street. I hereby certify to the best of my knowledge all of the information required by the City of Tustin is being submitted by the Wellington plaza Association Board and the submitted application, including supplemental application forms, and other submission materials as specified in the informational handout provided by the Community Development Department. The information submitted is tot e best of my knowledge and belief, true and correctly represented. Should any or all of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold the City of Tustin harm ess from liability and loss by reason of reliance on any such information. I hereby grant the City the authority to place a public hearing notice on the subject property. 6/18/2025 Date: Print Name & Title PHONG TRAN, MANAGING PAR NER PhysicalPropertyAddress(s) 511 E 1ST ST, STE H, Phone Number (949) 355-1050 Mail Address Email PHONGFIT@OUTLOOK.COM Signature 01, TUSTIN, CA 92780 E Please mail or email to: Regency Management, Inc., 7811 E. Appaloosa Trail, C4 92869-2443 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ATTACHMENT A.6 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: 40401183-034E-4EA7-85A0-B59714CF19A8 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: 40401183-034E-4EA7-85A0-B59714CF19A8 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 241h day of June, 2025. Signed by: L 0 EDA5DA2fi23B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Signed by; � � &,aa VA 343ADCC695E94613__ MICHAEL DAUDT Assistant City Attorney Signed by: 23469fiBE503D4DE... TANNER DOUTHIT Chairperson Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 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: Douthit, Higuchi, Kozak, Mason (4) PLANNING COMMISSIONER NOES: Mello (1) PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Signed by: Eu . �. 0 ED45DA2623B64A5... JUSTINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 EXHIBIT A 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: 40401183-034E-4EA7-85A0-B59714CF19A8 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 nearing 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: 40401183-034E-4EA7-85A0-B59714CF19A8 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 -off icio 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 , 2025, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Ordinance No. 1565 SPA-2024-0004 Page 4 Erica N. Yasuda, City Clerk Published: Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Exhibit 1 to Ordinance No. 1565 3.2.2 Uses within Planned Community Designations All existing Planned Communities (PCs) within the DCC will receive the applicable DCCSP land use designation. To facilitate implementation of the DCCSP, when new development on former PC designated parcels occurs, the proposed development shall conform to the requirements of the DCCSP. However, the Prospect Village live/work project located at the northwest corner of Prospect Avenue and Main Street was approved by Ordinance 1361, which shall be retained to identify the commercial uses permitted within this development. Through Ordinance 1361 this property will retain the PC standards approved as part of the project and if damaged by a natural occurrence, the development may be rebuilt consistent with the original approved PC provisions, or may redevelop consistent with the DCCSP provisions. 3.2.3 Uses within Wellington Plaza Permitted uses at Wellington Plaza located at 505-515 E. First Street shall be limited to general and professional offices photography studios and tutoring facilities. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ATTACHMENT B MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING JUNE 24, 2025 6:00 p.m. CALLED TO ORDER. Given. PLEDGE OF ALLEGIANCE: Commissioner Mello All present. ROLL CALL: Chair Douthit Chair Pro Tern Mason Commissioners Higuchi, Kozak, and Mello None. PUBLIC INPUT: Approved the CONSENT CALENDAR: Consent Calendar, as amended. 1. APPROVAL OF MEETING MINUTES— MAY 13, 2025 RECOMMENDATION: That the Planning Commission approve the Minutes of the May 13, 2025 Planning Commission meeting, as provided. Hurtado Hurtado confirmed no public input was received regarding the Consent Calendar. Mello Mello asked that Item No. 1 be pulled to add language to the Minutes of the May 13, 2025 meeting. He asked the words "in Tustin" be added to Page 10 of the meeting packet (last paragraph of Mello's comments). 2. FISCAL YEAR 2025-2026 CAPITAL IMPROVEMENT PROGRAM FINDING OF CONFORMANCE WITH THE GENERAL PLAN Minutes — Planning Commission Meeting — June 24, 2025 — Page 1 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4529, finding the proposed FY 2025-2026 Capital Improvement Program in conformance with the General Plan pursuant to Section 65401 of the California Government Code. Under Section 65401 of the California Government Code, the Planning Commission is to review the list of proposed Capital Improvement Program (CIP) projects recommended for planning, initiation, or construction during the ensuing year, and report to the City Council as to conformity with the General Plan. The City Council will soon be adopting the Fiscal Year 2025-2026 budget and appropriate funding for the ensuing year's CIP projects. There are new projects proposed in this year's CIP, and carry-over projects from the current year. 1st Motion: It was moved by Mason, seconded by Higuchi, to approve Item No. 2, as provided. Motion carried 5-0. 2nd Motion: It was moved by Mello, seconded by Higuchi, to approve Item No. 1, the May 13, 2025 meeting minutes, as amended. Motion passed: 5- 0. Adopted Reso. 3. CONDITIONAL USE PERMIT 2024-0011 AND DESIGN No. 4528, as REVIEW 2024-0018: A NEW SHOPPING CENTER IDENTIFICATION provided. SIGN WITH CHANGEABLE COPY DISPLAY AT THE MARKET PLACE SHOPPING CENTER APPLICANT: DAVID BAAB BAAB & ASSOCIATES, INC. 1469 VOYAGER DRIVE TUSTIN, CA 92782 PROPERTY OWNER: IRVINE CO. RETAIL PROPERTIES c/o CHASE GILMORE 110INNOVATION IRVINE, CA 92617 LOCATION: 2740-3030 EL CAMINO REAL (TUSTIN MARKET PLACE) Minutes — Planning Commission Meeting — June 24, 2025 — Page 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15311 (Class 11 - Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines. REQUEST: To amend the Master Sign Plan and authorize the construction of a center identification sign with changeable copy display at the Tustin Market Place shopping center. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4528 to approve the following: • Design Review 2024-0018 to amend the Master Sign Plan for The Market Place and for the design and siting of a 65-foot- tall center identification monument sign with changeable copy displays; and • Conditional Use Permit 2024-0011 to authorize a changeable copy (digital display) center identification monument sign for an existing shopping center (The Market Place). Jara Presentation given. Jennifer Le Jennifer Le, the applicant, provided further background information regarding the proposed sign, along with the benefits the tenants would gain by a changeable copy display. Mello Mello asked about the fate of the existing sign facing the freeway. Jennifer Le Ms. Le referred to the existing monument sign and stated the plan is to leave the existing sign and add the subject sign. The distance between the two signs would be approximately 1,000 feet apart. Higuchi Higuchi inquired about sales tax revenue being generated at the Market Place. He also asked if Caltrans reviewed the proposed item to ensure the sign would not be a distraction for drivers. Minutes — Planning Commission Meeting — June 24, 2025 — Page 3 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Jara Jara stated the application was routed to Caltrans during the review period, and that Caltrans had no issues with the sign as proposed as long as the sign met regulations related to freeway facing signage. Douthit Douthit asked about visibility and the potential sales increase for the tenants within the Market Place. He also asked if the applicant expects an increase in sales tax for the City of Tustin. Jennifer Le In response to Douthit's question, Le confirmed expectations of increased visibility and sales for the tenants. The importance of visibility for the tenants would be the primary benefit. Ms. Le expects there will be additional customers, additional retai Vresta u rant services, for the residents, and an increase in sales tax for Tustin. Mason Mason disclosed a prior conversation with the applicant. She asked about the choice in location of the sign. Mason inquired about any sign restrictions on the Irvine side and if they were different than Tustin. She also asked if the City's use of the sign to promote the City and local events is included in this project. Jennifer Le Ms. Le explained the choice of location was due to available space, which is also limited between property lines and future freeway right-of-way line. She added that on the Irvine side, the sign restrictions are more flexible in certain ways, but in this case, the location was a better choice. Willkom Willkom's response to Mason's question on the City's use of the sign to promote City events is part of the Conditions of Approval that the applicant proposed to the City. The Irvine Company would allow the City to have community events advertisements, along with emergency messages (i.e. Amber Alert) to be displayed on the sign. Kozak Kozak disclosed having a brief conversation with the applicant prior to the meeting. Hurtado Hurtado confirmed no public comments received on this item. Douthit Douthit disclosed he had a phone call with the applicant prior to the meeting. He thanked the applicant for their investment in the City and he was in support of the item. Mello Mello stated he did not have any objections with the proposal. Minutes — Planning Commission Meeting — June 24, 2025 — Page 4 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Higuchi Higuchi also disclosed his ex-parte conversation with the applicant. He shared with the Commission his research of the sales tax revenue for 2024. Higuchi also stated that anything the City can do to help retail will benefit the City. He was also in support of the item. Mason Mason was in full support of the item. Motion: It was moved by Mason, seconded by Douthit, to adopt Resolution No. 4528, as provided. Motion passed: 5-0. Adopted Reso. 4. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT No. 4524, as (SPA 2024-0004) APPLICABLE TO WELLINGTON PLAZA provided. APPLICANT: IAN B. CARTER, PRES. WELLINGTON PLAZA ASSOC 360 EAST FIRST STREET TUSTIN, CA 92780 PROPERTY OWNER: MULTIPLE OWNERS (ON FILE) 505-515 EAST FIRST STREET TUSTIN, CA 92780 LOCATION: 505-515 EAST FIRST STREET ENVIRONMENTAL: The proposed SPA is not subject to the California Environmental Quality Act (CEQA) Sections 15060(c)(2) and 15060(c)(3). REQUEST: To amend the Downtown Commercial Core Specific Plan (DCCSP) to allow only office uses within the existing buildings at Wellington Plaza Located at 505-515 E. First Street. RECOMMENDATION: For consideration at the pleasure of the Commission, draft resolutions have been prepared for both a recommendation to the City Council for approval and, alternatively, a recommendation to the City Council for denial. 1. Resolution No. 4524 recommends that the City Council adopt Ordinance No. 1565 approving SPA 2024-0004 to amend the Minutes — Planning Commission Meeting — June 24, 2025 — Page 5 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 DCCSP applicable to the Wellington Plaza office complex, such that only officeuses will be allowed within the existing buildings located at 505- 515 E. First Street. 2. Resolution No. 4530 recommends that the City Council deny SPA 2024- 0004 to amend the DCCSP applicable to the Wellington Plaza office complex, such that the denial would continue to authorize a variety of Land uses within the existing buildings located at 505-515 E. First Street, provided they meet applicable development standards. Jara Presentation given. Mr. Ian Carter Mr. Ian Carter, applicant, provided background information on his career, pictures of the Wellington Plaza were displayed, along with some historic information. Mr. Carter invited the other property owners to speak at the meeting. Mr. Philip Mr. Christensen, Vice Present of the Wellington Plaza Board, expressed his Christensen support of Mr. Carter's proposal. He voiced his concern with the limited amount of parking if the proposal was not approved. Douthit Douthit asked Mr. Carter, in general: If there is 100% agreement with the other property owners, and there is mutual understanding of how to operate the office uses, then why is the City involved in changing the zoning? Mr. Ian Carter Mr. Carter's response to Douthit's previous question generally included: there was never an issue with the property until a beauty salon was allowed onto the property two years prior by the City. He said that, although the beauty salon did not end up being a problem, his concern is thatthe property could turn into a retail center. Mr. Carter stated that the CC&Rs do not protect the property if one of the property owners does not tell the association they are bringing in a tenant who does not qualify as an office use, per the CC&Rs. He mentioned that he thinks a beauty salon requires an increased number of parking spaces as opposed to an office use. Mello Mello asked Mr. Carter if the multiple property owners would ever consider selling the property. He added that down -zoning may be less than beneficial to the multiple owners. Mr. Ian Carter Per Mr. Carter, due to the property being a condominium office complex, with 14 owners, the probability of them selling the property is probably zero. Minutes — Planning Commission Meeting — June 24, 2025 — Page 6 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Mason Mason asked Willkom to clarify that "if" the multiple owners agreed to sell to a developer, could the City then remove the restrictions? Ultimately, she thinks what the applicant is asking of the City is in the interest of protecting all of the owners. Willkom Willkom stated that if the Planning Commission decided to approve the SPA, along with the City Council, then "yes", in the future, a potential buyer/developer could ask the City to remove the restrictions, which would be a discretionary entitlement, which would be the same process that Mr. Carter is currently undergoing. Douthit Douthit mentioned that this item will go to the City Council whether or not the Planning Commission approves/denies the item. Higuchi Higuchi read aloud the definition of SB 330 and asked if Development Area 3 does allow mixed -use residential. He also asked, if the Planning Commission approved the recommended action, would the listed retail uses on the Commercial Permitted Use table (Table 3.1), included in the agenda report, be permitted within Wellington Plaza. What the applicant is asking is extremely limiting to the existing property owners. Higuchi did not understand why the applicant would want this type of request. He asked staff what would happen to existing tenants with non -conforming uses. Higuchi's concern was, if the Commission approves the item, it is effectively down -zoning and could lead to de -valuation of the property. He asked if the Commission could rely on the indemnity in the declarations provided within the packet, for defense. Higuchi referred to professional office use definition, per Section 9297, and then went through the naming of the different uses in Table 3.1 of the DCCSP, asking whether each one would be permitted. He suggested to his fellow Commissioners possibly amending the recommendation to state that the general and professional office, as determined by the Director of the Planning Commission or if that would be appropriate. Willkom The section Higuchi was reading from indicates the City cannot down -zone properties that allow for residential to anything less than what was in effect as of January 1, 2018. At the time, residential was not a permitted use; therefore, the project, as proposed, complies with SB 330. Jara Per Jara, the uses Higuchi listed previously would be limited to the proposed text (i.e. antique shops, florists, office supplies, medical labs, would not be allowed). Jara stated that this amendment is similar to Prospect Village, which also has limited uses. Jara added that those tenants with non - Minutes — Planning Commission Meeting — June 24, 2025 — Page 7 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Jara conforming uses are allowed to continue under the non -conforming use provisions of the Tustin City Code (TCC). If the business is sold, and the use is the same, they would be allowed to continue. Daudt In response to Daudt's last question, Daudt referred to the owner's declaration. The indemnification is essentially attesting to the veracity documents submitted in connection with the application. There is always a question of interpretation, but it does appear to be an effort has been made to tailor those issues. Daudt did not see any liability for the City. They would not rely on the declarations being that they were submitted by the applicant to show their ownership is in support of the application. Ultimately, this is a legislative decision that would be made by the City. Eastman Per Higuchi's question on Professional Uses, Eastman stated that medical uses would be permitted, per the DCCSP. Specifically, he stated that the "Professional Offices" uses Higuchi was referring within the DCCSP are allowed, and the Permitted Uses Table defers back to the definitions in the TCC, and TCC Section 9297 includes medical uses in the definition of "Professional Offices". Eastman said staff would automatically rely on the footnote to Table 3.1 when determining the Professional Office uses allowed by the proposed SPA. 7:09 p.m. Douthit opened the Public Hearing portion of the meeting. Ms. Karen Ms. Karen Stuart, resident of Palmwood Gardens, spoke in favor of Stuart recommending Resolution No. 4524, which is to approve the SPA. Kozak Kozak asked the applicant if there was a "retail threat" trying to operate in Wellington Plaza. Ian Carter Mr. Carter explained, in great detail, his communication with a real estate agent who brought in a beauty salon, without the HOA's knowledge. He also stated he disagreed with Higuchi's comment regarding the value of the property declining due to retail uses not being allowed in the Wellington Plaza. Mr. Carter believed the property would decline "if' retail uses were allowed in Wellington Plaza. He believed Wellington Plaza has the integrity of an office complex. 7:14 p.m. Douthit closed the Public Hearing portion of the meeting. Mason Mason's closing comments generally included commending the applicant for his dedication to this item and she was in support of his request. Minutes — Planning Commission Meeting — June 24, 2025 — Page 8 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Mason Although she did voice her concern that the property will never be updated and just stay the way it is and could be dilapidated 10 years from now. Higuchi Higuchi's closing comments generally included his confusion as to why the applicant has such a request. In order for the City to "move on", and not have the application come back to the Planning Commission again, he will reluctantly support the item. Mello Mello stated he was in disagreement with Higuchi's approach to approve the item but agreed with all of the issues Higuchi identified. While he appreciated the applicant's tenacity, he felt the applicant's request was self- destructive and he thinks narrowly defined office uses are outdated and need to be brought into the modern world. Mello added he thought the request was not the best way to solve what is essentially a parking concern. Kozak Kozak was in agreement with both Higuchi and Mello's comments. He said he was not in favor of spot zoning and was concerned that the property will not be updated and/or maintained due to the applicant's request. Douthit Douthit's final comments generally stated that he was not in favor of the applicant's request and thought it was a bad idea to reduce the allowable uses on the property, since restricting uses devalues properties. He did express his appreciation for the applicant's persistence and recognized that the request is the will of the HOA. Mason Mason asked staff to explain the process if the property was to ever be sold and someone wanted to redevelop the property (i.e. mixed -use). Willkom Willkom's response to Mason's question was that, depending upon the proposal (other than office use), the City has to look at the zoning. If the zoning does not allow the proposed use, then a SPA is required, and depending on the intensity of the proposed use, staff would need to look at CEQA and determine whether the proposal is exempt, or if they would need additional environmental review. Douthit Douthit asked what would be more efficient and a better use of time for staff. Is it to approve the idea that the zoning be more specific, where it limits uses, which would come with denials of business plans that do not conform, or to approve it. He also asked if the City gets these types of requests to amend the DCCSP very often, and whether this would set a precedent. Minutes — Planning Commission Meeting — June 24, 2025 — Page 9 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Willkom In response to Douthit's previous question, Willkom stated that for this request staff came up with a solution that allows an exception to the underlying zoning to be more restrictive than and simply limit the property to only office uses. This way, if in the future another SPA comes forward to be more flexible, it would be very easy for staff to remove the specific provision, that way it can return to whatever is allowed in that area at that time. Willkom stated that the City has not received similar requests. Motion: It was moved by Higuchi, seconded by Mason, to adopt Resolution No. 4524, as provided. Motion passed 4-1, with Mello dissenting. None. REGULAR BUSINESS OTHER BUSINESS: Willkom The City Council approved the Meritage project on Red Hill Avenue. At the May 20, 2025 City Council meeting, they authorized the release of the competitive offering for the following sites: 21 acres at Barranca Parkway and Armstrong Avenue (adjacent to the Flight); Neighborhood E, 52-acres Located at Red Hill Avenue and Warner Avenue; Newport/Valencia 11-acre vacant site along the 55 Freeway. Willkom also noted that Angela Ridolfi, Administrative Intern, was recently promoted to a Planning Technician within the Community Development Department. She wished Happy Birthday to Chair Pro Tern Mason! _\0I1II0ICI to] i5lu1R**o][s]10 role] i51&Ia641I104_ ► FBI 11116.4 0 ' O]:ill3 Mello Mello will be attending the Grand Reopening of Centennial Park on Monday, June 30, 2025. Mason Mason had no comments. Kozak Happy Birthday Chair Pro Tern Mason! Higuchi Happy Birthday Chair Pro Tern Mason! Douthit Douthit mentioned Sunset Market's big success. Excited about the bollards in place. Happy Birthday Chair Pro Tern Mason! 7:31 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, July 8, 2025. Minutes — Planning Commission Meeting — June 24, 2025 — Page 10 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Signyed�bby- 234696BE503D4DE... IIWO101:1.1BO MIMMIII Chairperson Signed by: E � O. Inc &04,1 ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Minutes — Planning Commission Meeting — June 24, 2025 — Page 11 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Attachment C 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 Ordinance 1565 Page 1 of 4 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 No. 1509 for SPA 2020-00001, with a 2-3 vote. G. That the applicant wishes to have the Planning Commission and the City Council 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. 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 September 16, 2025, a public hearing was duly noticed, called and held by the City Council for 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. Ordinance 1565 Page 2 of 4 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 SECTION 2. The DCCSP is hereby amended by adding Section 3.2.3 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. 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 APPROVED AS TO FORM: FD Signed by: DA $f3TKDEtgDIG, City Attorney Ordinance 1565 Page 3 of 4 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 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 16th day of September, 2025, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the day of , 2025, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Ordinance 1565 Page 4 of 4 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ATTACHMENT CA Exhibit 1 to Ordinance No. 1565 3.2.2 Uses within Planned Community Designations All existing Planned Communities (PCs) within the DCC will receive the applicable DCCSP land use designation. To facilitate implementation of the DCCSP, when new development on former PC designated parcels occurs, the proposed development shall conform to the requirements of the DCCSP. However, the Prospect Village live/work project located at the northwest corner of Prospect Avenue and Main Street was approved by Ordinance 1361, which shall be retained to identify the commercial uses permitted within this development. Through Ordinance 1361 this property will retain the PC standards approved as part of the project and if damaged by a natural occurrence, the development may be rebuilt consistent with the original approved PC provisions, or may redevelop consistent with the DCCSP provisions. 3.2.3 Uses within Wellington Plaza Permitted uses at Wellington Plaza located at 505-515 E. First Street shall be limited to general and professional offices; photography studios, and tutoring facilities.