HomeMy WebLinkAbout11-ATTACHMENT FDocusign Envelope ID: BF5069DA-4652-4D14-8EFC-A8763DEAD20E
RESOLUTION NO. 4536
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT
THE CITY COUNCIL ADOPT ORDINANCE NO. 1573,
APPROVING ZONE CHANGE 2025-0001, TO APPLY THE
PLANNED COMMUNITY RESIDENTIAL ZONING
DESIGNATION TO AN 8.5-ACRE SITE (ASSESSOR
PARCEL NUMBERS (APNS) 401-401-12, -13, -14, -15, -16,
AND -17) TO ACCOMMODATE THE CONSTRUCTION OF A
145-UNIT RESIDENTIAL CONDOMINIUM PROJECT
The Planning Commission of the City of Tustin, California does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application has been submitted by John Stack on behalf of KB
Tustin Plaza, LLC. for Zone Change (ZC) 2025-0001, a request to change the
zoning designation of the 8.5-acre site identified as Assessor Parcel Numbers
(APNs) 401-401-12, -13, -14, -15, -16, and -17 from Planned Community
Business Park (PC BUS PARK) to the Planned Community Residential (PC RES)
zoning designation, to accommodate the construction of a 145-unit residential
condominium project.
B. That a public hearing was duly called, noticed, and held on said application on
November 17, 2025, by the Planning Commission.
C. That the subject property has an established Planned Community Commercial
Business (PCCB) General Plan land use designation that provides opportunities
for commercial, industrial, and residential development.
D. That the proposed amendment to the Zoning Ordinance is in the best interest of
the public in that it establishes a zoning designation for the project site that is
consistent with the site's Planned Community Commercial Business (PCCB)
General Plan land use designation and establishes permitted uses and
development standards for the development of the site with residential uses.
E. That the proposed zone change is consistent with the subject site's established
General Plan land use designation of PCCB and the policies of the General Plan,
as evidenced by the following findings:
(a) That the site is developed with an underutilized office complex.
(b) That residential uses are complementary and beneficial to adjacent
residential and commercial uses.
(c) That the project is adjacent to other residential uses, particularly
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Resolution No. 4536
Page 2
single-family dwellings.
(d) That the proposed zone change is consistent with the General Plan
in that the PC RES zoning designation allows for the development
of planned residential uses and is consistent with the following goal
and policies of the General Plan Land Use Element:
1. Goal 1: Provide for a well-balanced land use pattern that
accommodates existing and future needs for housing, commercial
and industrial land, open space and community facilities and
services, while maintaining a healthy, diversified economy adequate
to provide future City services.
2. Policy 1.1: Preserve the low -density quality of Tustin's existing
single-family neighborhoods while permitting compatible multi -family
development to meet regional housing needs where best suited
from the standpoint of current development, accessibility,
transportation, and public facilities.
3. Policy 1.5: Encourage compatible and complementary infill of
previously bypassed parcels in areas already predominately
developed.
4. Policy 1.7: As part of the City's attraction to business and industry,
provide adequate sites to house future employees.
5. Policy 1.10: Ensure that the distribution and intensity of land uses
are consistent with the Land Use Plan and classification system.
6. Goal 2: Ensure that future land use decisions are the result of sound
and comprehensive planning.
7. Policy 2.2: Maintain consistency between the Land Use Element,
Zoning Ordinances, and other City ordinances, regulations and
standards.
F. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that an Environmental Impact Report (EIR) should be prepared to
analyze all potential adverse environmental impacts of the Project and
corresponding Zone Change, Subdivision, and Design Review which together
are referred to as the "Proposed Project."
G. That all of the requirements of CEQA and the State CEQA Guidelines have been
satisfied by the City of Tustin in the Final EIR, which is sufficiently detailed so
that all of the potentially significant environmental effects of the Proposed Project
have been adequately evaluated.
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Resolution No. 4536
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H. That the EIR prepared in connection with the Proposed Project found that it
would result in a significant and unavoidable impact to historical resources, and
that the EIR sufficiently analyzes both the feasible mitigation measures
necessary to avoid or substantially lessen the Proposed Project's potential
environmental impacts and a range of feasible alternatives capable of eliminating
or reducing these effects in accordance with CEQA and the State CEQA
Guidelines.
I. That the Planning Commission has considered the Final EIR along with its
Mitigation Monitoring and Reporting Program (MMRP) in its recommendation that
the City Council approve ZC 2025-0001.
II. The Planning Commission hereby recommends that the City Council adopt Ordinance
No. 1573 approving ZC 2025-0001, amending the City's zoning map to establish a
zoning designation of Planned Community Residential (PC RES) for the 8.5-acre site
identified as APNs 401-401-12, -13, -14, -15, -16, and -17, and establishing development
standards for this planned community, as identified in Exhibit A and B attached hereto.
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Resolution No. 4536
Page 4
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a special
meeting on the 17t" day of November, 2025.
Signed by: LLLL//
49EF9FCDA908491...
ALEXA SMITTLE
Planning Commission Secretary
APPROVED AS TO FORM:
Signed by:
4F8D2446CBF547C...
For: MICHAEL DAUDT
Assistant City Attorney
Signed by:
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234696BE503D4DE...
TANNER DOUTHIT
Chairperson
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Resolution No. 4536
Page 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Alexa Smittle, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4536 was duly passed
and adopted at a special meeting of the Tustin Planning Commission, held on the 17t"
day of November, 2025.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
Signed by:
GG
49EF9FCDA908491_.
ALEXA SMITTLE
Planning Commission Secretary
Exhibit A: Draft Ordinance No. 1573
Exhibit B: Zone Change Exhibit
Douthit, Gullo, Higuchi, Kozak, Mason (5)
EXHIBIT A
DRAFT ORDINANCE 1573
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING ZONE CHANGE 2025-
0001 TO AMEND THE CITY'S ZONING MAP TO APPLY THE
PLANNED COMMUNITY RESIDENTIAL ZONING
DESIGNATION TO AN 8.5-ACRE SITE (ASSESSOR
PARCEL NUMBERS (APNS) 401-401-12, -13, -14, -15, -16,
AND -17) TO ACCOMMODATE THE CONSTRUCTION OF A
145-UNIT RESIDENTIAL CONDOMINIUM PROJECT
The City Council of the City of Tustin, California does hereby ordain
as follows:
SECTION 1. The City Council finds and determines as follows
A. That a proper application has been submitted by John Stack on behalf of KB
Tustin Plaza, LLC. for Zone Change (ZC) 2025-0001, a request to change the
zoning designation of the 8.5-acre site identified as Assessor Parcel Numbers
(APNs) 401-401-12, -13, -14, -15, -16, and -17 from Planned Community
Business Park (PC BUS PARK) to the Planned Community Residential (PC RES)
zoning designation to construct 145 residential condominiums.
B. That a public hearing was duly called, noticed, and held on said application on
November 17, 2025, by the Planning Commission.
C. That a public hearing was duly called, noticed, and held on said application on
December 2, 2025, by the City Council, where Ordinance 1573 was introduced
and read by title only.
D. That the subject property has an established Planned Community Commercial
Business (PCCB) General Plan land use designation that provides opportunities
for commercial, industrial, and residential development.
E. That the proposed amendment to the Zoning Ordinance is in the best interest of
the public in that it establishes a zoning designation for the project site that is
consistent with the site's Planned Community Commercial Business (PCCB)
General Plan land use designation and establishes permitted uses and
development standards for the development of the site with residential uses.
F. That the proposed zone change is consistent with the subject site's established
General Plan land use designation of PCCB and the policies of the General Plan,
as evidenced by the following findings:
(a) That the site is developed with an underutilized office complex.
(b) That residential uses are complementary and beneficial to adjacent
residential and commercial uses.
(c) That the project is adjacent to other residential uses, particularly
single-family dwellings.
(d) That the proposed zone change is consistent with the General Plan
in that the PC RES zoning designation allows for the development
of planned residential uses and is consistent with the following goal
and policies of the General Plan Land Use Element:
1. Goal 1: Provide for a well-balanced land use pattern that
accommodates existing and future needs for housing,
commercial and industrial land, open space and community
facilities and services, while maintaining a healthy, diversified
economy adequate to provide future City services.
2. Policy 1.1: Preserve the low -density quality of Tustin's existing
single-family neighborhoods while permitting compatible multi-
family development to meet regional housing needs where best
suited from the standpoint of current development, accessibility,
transportation, and public facilities.
3. Policy 1.5: Encourage compatible and complementary infill of
previously by-passed parcels in areas already predominately
developed.
4. Policy 1.7: As part of the City's attraction to business and industry,
provide adequate sites to house future employees.
5. Policy 1.10: Ensure that the distribution and intensity of land uses
are consistent with the Land Use Plan and classification system.
6. Goal 2: Ensure that future land use decisions are the result of
sound and comprehensive planning.
7. Policy 2.2: Maintain consistency between the Land Use Element,
Zoning Ordinances, and other City ordinances, regulations and
standards.
G. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that an Environmental Impact Report (EIR) should be prepared to
analyze all potential adverse environmental impacts of the Project and
corresponding Zone Change, Subdivision, and Design Review which together
are referred to as the "Proposed Project."
H. That all of the requirements of CEQA and the State CEQA Guidelines have been
satisfied by the City of Tustin in the Final EIR, which is sufficiently detailed so
that all of the potentially significant environmental effects of the Proposed Project
have been adequately evaluated.
That the EIR prepared in connection with the Proposed Project found that it would
result in a significant and unavoidable impact to historical resources, and that the
EIR sufficiently analyzes both the feasible mitigation measures necessary to
avoid or substantially lessen the Proposed Project's potential environmental
impacts and a range of feasible alternatives capable of eliminating or reducing
these effects in accordance with CEQA and the State CEQA Guidelines.
J. That on November 17, 2025, the Planning Commission considered the Final EIR
along with its MMRP in its recommendation that the City Council approve ZC
2025-0001.
SECTION 2: That the City Council hereby adopts Ordinance 1573, approving Zone
Change 2025-0001, amending the City's zoning map to establish a zoning
designation of Planned Community Residential (PC RES) for the 8.5-acre
site identified as APNs 401-401-12, -13, -14, -15, -16, and -17, and
establishing development standards for this planned community, as
identified in Exhibit A and B attached hereto.
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 of the City of Tustin on
the -th day of , 202_.
AUSTIN LUMBARD
Mayor
Exhibit A: Zoning Map Existing/Proposed
Exhibit B: Development Standards (Cypress Grove Planned Community Regulations)
ATTEST:
ERICA N. YASUDA
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ERICA N. YASUDA, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the member of the City
Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1573 was
duly introduced and read by title only at a regular meeting of the City Council held on
December 2, 2025, and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on _, 202_, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCIL MEMBER ABSENT:
ERICA N. YASUDA
City Clerk
EXHIBIT B
Amendment to the Zoning Land Use Designation from Planned Community Business Park (PC BUS
PARK) to Planned Community Residential (PC RES)
■ ■ P--"
Existing Zoning
Proposed Zoning
EXHIBIT B
EXHIBIT 7B
Amendment to the Zoning Land Use Designation from Planned Community Business Park (PC BUS
PARK) to Planned Community Residential (PC RES)
- Planned Co unity
Busines! rk
(PC K),
"�,
4
i
Existing Zoning
Proposed Zoning