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HomeMy WebLinkAbout04 SECOND READING AND ADOPTION OF DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT APPLICABLE TO WELDocusign Envelope ID: CA99B341-9507-4190-B603-343EE6FCBE23 MEETING DATE TO FROM Agenda Item 4 AGENDA REPORT Reviewed: Initial City Manager a� Finance Director N/A OCTOBER 7, 2025 ALDO E. SCHINDLER, CITY MANAGER ERICA N. YASUDA, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1565 - DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT APPLICABLE TO WELLINGTON PLAZA SUMMARY: Adoption of Ordinance No. 1565 approves Specific Plan Amendment 2024-0004, amending 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. RECOMMENDATION: That the City Council have second reading by title only and adoption of Ordinance No. 1565. 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: On September 16, 2025, the City Council had first reading by title only of Ordinance No. 1565: 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 Docusign Envelope ID: CA99B341-9507-4190-B603-343EE6FCBE23 City Council Agenda Report Second Reading and Adoption of Ordinance No.1565 October 7, 2025 Page 2 WILL BE ALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET Erica W. yasuda Erica N. Yasuda City Clerk Attachment: 1. Ordinance No. 1565 Docusign Envelope ID: CA99B341-9507-4190-B603-343EE6FCBE23 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: CA99B341-9507-4190-B603-343EE6FCBE23 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: CA99B341-9507-4190-B603-343EE6FCBE23 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: CA99B341-9507-4190-B603-343EE6FCBE23 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: CA99B341-9507-4190-B603-343EE6FCBE23 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.