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HomeMy WebLinkAboutCC RES 26-43 RESOLUTION NO. 26-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AN ADDENDUM TO THE TUSTIN LEGACY SPECIFIC PLAN 2025 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND APPROVING SUB 2025-0003 / TENTATIVE PARCEL MAP 2025-151, CONDITIONAL USE PERMIT 2025-0012, DESIGN REVIEW 2025-0008, AND A DENSITY BONUS REQUEST FOR THE DEVELOPMENT OF 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS AND AN APPROXIMATELY 143,000 SQUARE FOOT ASSISTED LIVING AND MEMORY CARE FACILITY ON LOT 14 OF TRACT 18197 WITHIN PLANNING AREA 8, 13, AND 14 (NEIGHBORHOOD D) OF THE TUSTIN LEGACY SPECIFIC PLAN The City Council of the City of Tustin hereby finds and determines as follows: A. That a proper application has been submitted by Confluent Development, through its project entity CD-CW (Tustin) LLC, for the development of 172 residential units for active seniors, including 26 units affordable to Lower Income households, and an approximately 143,000 square foot assisted living and memory care facility containing 103 units, on Lot 14 of Tract 18197, an approximately 6.14-acre site currently owned by the City of Tustin within Planning Area (PA) 8, 13, and 14 (Neighborhood D) of the Tustin Legacy Specific Plan (TLSP). B. That the development application includes the following requests: 1. Development Agreement (DA) 2025-0001 to facilitate the development and conveyance of the approximately 6.14-acre City- owned site, which is approved by separate ordinance and is not approved by this Resolution. 2. Tentative Parcel Map (TPM) 2025-151/SUB 2025-0003 to subdivide the approximately 6.14-acre site into two (2) numbered parcels for the development of the active senior residential community and the assisted living and memory care facility. 3. Conditional Use Permit (CUP) 2025-0012 to establish and operate a 103-unit, approximately 143,000 square foot assisted living and memory care facility. 4. Design Review (DR) 2025-0008 for the site layout and building design of 172 residential units for active seniors, an approximately 143,000 square foot assisted living and memory care facility, parking garages and surface parking, landscaping, and associated site improvements. ______________________ Resolution 26-43 Page 1 of 11 5. Density Bonus to increase the density of the project, together with one (1) incentive and four (4) waivers/reductions of development standards to facilitate the proposed project. C. That the site is zoned as TLSP (SP-1) within PA 8, 13, and 14 (Neighborhood D), and designated as TLSP by the General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That TLSP Section 4.2.7 requires all private nonresidential development at Tustin Legacy to obtain a DA in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code (TCC). In compliance with TCC Section 9611, the Planning Commission has recommended that the City Council approve an ordinance adopting the proposed DA. Pursuant to TCC Section 9614, a DA shall be approved by the adoption of an ordinance, and Ordinance No. 1580 approving DA 2025- 0001 is being considered by the City Council concurrently with this Resolution. E. That pursuant to TCC Section 9311(g)(5), the Planning Commission is authorized to review and take action on tentative maps; however, because the proposal includes other applications that require City Council approval, TPM 2025-151/SUB 2025-0003 has been forwarded to the City Council for concurrent consideration. F. As conditioned, TPM 2025-151 (SUB 2025-0003) will be in conformance Subdivision Code as follows: 1. That the site is located in PA 8, 13, and 14 (Lot 14 of Tract 18197) of the TLSP, which is designated for Mixed-Use Urban and that the proposed development as conditioned will be physically suitable for the type of development and proposed density of development; 2. That the proposed subdivision divides the site into two parcels for conveyance purposes only and provides for required easements, including bioswale access and maintenance and vehicular access rights; 3. The subdivider will be required to provide funding towards the Program, which includes improvements that are required to serve new development at Tustin Legacy, including but not limited to roadway improvements; traffic and circulation mitigation to support development at Tustin Legacy; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; __________________________ Resolution 26-43 Page 2 of 11 retention and detention systems, open space and public recreational facilities and; utility backbone systems; 4. That the proposed subdivision would not have a new impact on school district facilities within the Tustin Unified School District (TUSD) or Santa Ana Unified School District (SAUSD) in that school impacts for development were considered in the MCAS Reuse Plan, which identified school facility sites that will be conveyed to the TUSD by the Federal Department of Education or the City of Tustin to serve development of property at Tustin Legacy. The TLSP, the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR), its supplements and addenda, and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the TUSD and SAUSD prior to issuance of building permits in ac procedures; 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; 6. The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area; and 7. Adequate infrastructure to support buildout of the project and construction of public infrastructure and utility systems is required in accordance with the conditions of approval. G. On August 11, 2026, the Planning Commission adopted Resolution No. 4553, determining that the location, purpose, and extent of the proposed disposition of the approximately 6.14-acre site within Neighborhood D of the Tustin Legacy Specific Plan for the development of the proposed project is Specific Plan, and adopted Resolution No. 4554, recommending that the City Council adopt an Addendum to the TLSP 2025 Supplemental Environmental Impact Report (SEIR), approve by resolution TPM 2025- 151/SUB 2025-0003, CUP 2025-0012, DR 2025-0008, and a Density Bonus request for the project including the requested incentive and waivers, and adopt Ordinance No. 1580 approving DA 2025-0001. H. Pursuant to the TLSP and TCC Section 9272, the City Council finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the City Council has considered at least the following items: ______________________ Resolution 26-43 Page 3 of 11 1. Height, bulk, and area of buildings. The five-story active senior building has a maximum height of 71 feet and the two-story assisted living and memory care building a maximum of 35.6 feet, both of which are below the 150-foot maximum permitted. Building footprints of 79,819 and 75,921 square feet are distributed across the 6.14- acre site such that building mass is concentrated along Armstrong Avenue and scales down toward Veterans Way. 2. Setbacks and site planning. The buildings are sited to frame all four street frontages, with resident parking placed within structures. Limited encroachments into the required building setback along Armstrong Avenue, Warner Avenue, and Veterans Way accommodate ground-level patios, a second-floor balcony, and a corner architectural feature, all of which are authorized pursuant to requested density bonus waivers. 3. Exterior materials and colors. The buildings use an earth-toned palette of limestone tile veneer, brown fiber cement siding, and stucco in varied finishes, with accents including picket railings, exposed concrete, and metal trim, consistent with TLSP Section 3.19. 4. Type and pitch of roofs. Both buildings use low-slope roofs concealed behind parapets, with maximum building heights measured to the top of parapet. 5. Size and spacing of windows, doors, and other openings. Window and door openings are distributed to articulate each façade and reduce apparent building mass. Private balconies are provided on 165 of the 172 active senior units; the seven units without balconies are located where Orange County Fire Authority ladder pad access is required. 6. Roof structures. Rooftop improvements on the active senior building include a 4,837 square foot amenity deck with a pickleball court and outdoor kitchen. Rooftop mechanical equipment is screened from public view by parapets. 7. Location, height, and standards of exterior illumination. Exterior lighting is designed to provide safe pedestrian and vehicular circulation while shielding and directing light downward to avoid spillover onto adjacent properties. As conditioned, exterior illumination will comply with the standards of the Tustin Security Ordinance. 8. Landscaping, parking area design, and traffic circulation. The project provides 29,455 square feet of landscaping, including drought- __________________________ Resolution 26-43 Page 4 of 11 tolerant trees and shrubs along the site boundary, within parking areas, and throughout open space areas. A total of 278 parking spaces are provided within parking garages and two surface lots, which exceeds the minimum number of spaces required by 43 spaces (235 required). Site access is taken from John Johnson Way and Veterans Way, with an internal roundabout providing passenger loading and access to guest parking and both garages, and a bus turnout serving the assisted living and memory care facility. 9. Location and appearance of equipment located outside an enclosed structure. Ground-mounted mechanical, electrical, and utility equipment is located away from street frontages and screened by walls and landscaping, and rooftop equipment is screened by parapets. 10. Location and method of refuse storage. Refuse and recycling for the Active Adult building are deposited down trash chutes located at each floor and stored within enclosed trash rooms at the ground floor of each building. Dumpsters are then moved to collection areas on- site accessible from internal drive aisles. For the assisted living and memory care facility, refuse is collected by staff and deposited at a dedicated trash enclosure accessible from internal drive aisles. 11. Physical relationship of proposed structures to existing structures in the neighborhood. The site is bounded by public streets on all four sides. The two-story assisted living and memory care building provides a gentler visual for most of the project frontage on John Johnson Way, facing the park. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The modern-contemporary architecture and earth-toned palette are consistent with the design character established elsewhere in Neighborhood D. Building orientation and façade articulation along Warner Avenue, Armstrong Avenue, Veterans Way, and John Johnson Way establish a consistent street presence that will complement future development on adjoining parcels. 13. Development Guidelines and criteria as adopted by the City Council. The project complies with TLSP Section 3.19, Urban Design Guidelines, and with the development standards applicable to Planning Area 8, 13, and 14, except for those standards for which density bonus waivers have been requested. I. ______________________ Resolution 26-43 Page 5 of 11 14, and TCC Section 9291 grants the Planning Commission the authority to consider and act on such requests for a CUP; however, because the proposal includes other applications that require City Council approval, CUP 2025-0012 has been forwarded to the City Council for concurrent consideration. The proposed assisted living and memory care facility falls within this land use category, with memory care being a specialized subset of assisted living. No convalescent use is proposed. J. That in determining whether to approve the CUP application, the City Council finds that the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: 1. The proposed assisted living and memory care facility is a conditionally permitted use within PA 8, 13, and 14 pursuant to Tustin Legacy Specific Plan Section 3.11. 2. The facility is compatible with the Mixed-Use Urban designation of Neighborhood D and with the adjacent residential community for active seniors, with which it shares amenities, and with the future extension of the Legacy Linear Park to the south. 3. At two stories and a maximum height of 35.6 feet, the facility constitutes the lower-scale portion of the project and provides an appropriate transition in building scale toward the future park and adjoining residential neighborhood. 4. The operations of the facility occur almost entirely within the enclosed building or within the 18,162 square-foot courtyard, which provides secure outdoor space for residents. 5. Because most residents of assisted living and memory care facilities do not drive, the facility generates comparatively little traffic. The traffic analysis prepared for the project estimates the facility would generate approximately 348 vehicle trips per day. 6. The facility provides 67 parking spaces, exceeding the 45 spaces required by TCC Section 9263 for 134 beds, and includes a bus turnout and a dedicated bus space to serve resident transportation. 7. Assisted living facilities are licensed by the California Department of Social Services (CDSS), and the operator must obtain additional State approvals to operate a memory care program. The Community __________________________ Resolution 26-43 Page 6 of 11 Care Licensing Division (CCLD) of CDSS regulates compliance with State operational standards, staffing, and resident care requirements. 8. Conditions of approval have been included to address the development and ongoing operation of the facility. K. That the proposed residential community for active seniors is eligible for a density bonus pursuant to State Density Bonus Law (Government Code Section 65915) and TCC Article 9, Chapter 1. By reserving 26 units (21 percent of the 124 base units) as affordable to Lower Income households for a minimum of 55 years, the applicant is entitled to a 38.75 percent density bonus, which allows a total of 173 units, of which 172 units are proposed. L. That the requested incentive consisting of an affordable unit mix of 23 one- bedroom units and 3 two-bedroom units is consistent with and in compliance with Density Bonus Law. Pursuant to Government Code Section 65915(d)(1), the City must grant the requested incentive unless it makes a written finding, based upon substantial evidence, that the incentive would not result in identifiable and actual cost reductions, would have a specific adverse impact upon public health or safety or upon a property listed in the California Register of Historical Resources, or would be contrary to State or Federal law. No basis for such a finding has been identified. M. That the requests for waivers of development standards relating to private open space, building setbacks, patio wall height, and an architectural feature encroachment are appropriate, consistent with, and in compliance with Density Bonus Law, and are consistent with the intent of the established standards and the TLSP. Pursuant to Government Code Section 65915(e)(1), the City may not deny the requested waivers unless it finds that a waiver would have a specific, adverse impact upon public health or safety for which there is no feasible method to satisfactorily mitigate or avoid the impact, would have an adverse impact on a property listed in the California Register of Historical Resources, or would be contrary to State or Federal law. No such circumstances have been identified. N. That the project will exceed the amount of required parking by proposing 278 parking spaces where 235 spaces are required by TCC Section 9263. O. That a public hearing was duly called, noticed, and held on said applications on September 1, 2026, by the City Council. P. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a supplement to the ______________________ Resolution 26-43 Page 7 of 11 FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an addendum to the FEIS/EIR. On May 13, 2013, the City Council adopted Resolution No. 13-32 approving a second addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second supplement to the FEIS/EIR. On December 17, 2024, the City Council adopted Resolution No. 24-76 approving a third supplement to the FEIS/EIR (the TLSP 2025 SEIR, State Clearinghouse No. 1994071005), which evaluated the environmental effects in conjunction with an amendment to the TLSP to Housing Element Rezone Project, which increased residential capacity within TLSP Neighborhoods D (North and South) and G (Housing Element Sites 1A, 1B and 2). The FEIS/EIR, along with its addenda and supplements, is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, addenda, and supplements considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. Because the proposed project includes an institutional assisted living and memory care component in addition to residential uses, the project has been evaluated through an addendum tiering from the TLSP 2025 SEIR pursuant to CEQA Guidelines Sections 15164, 15162, and 15168. An Addendum to the TLSP 2025 SEIR has been prepared for the proposed project and is supported by project-specific technical studies. Based upon the Addendum, the City Council finds that: 1. The proposed project is within the scope of the development previously analyzed in the TLSP 2025 SEIR; 2. No substantial changes are proposed in the project, and no substantial changes have occurred with respect to the circumstances under which the project is undertaken, that would require major revisions to the TLSP 2025 SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the TLSP 2025 SEIR was certified, has become available; 4. None of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent or supplemental EIR have __________________________ Resolution 26-43 Page 8 of 11 occurred, and only minor technical changes or additions are necessary, such that an Addendum is the appropriate document pursuant to CEQA Guidelines Section 15164; and 5. Pursuant to CEQA Guidelines Section 15164(c), the Addendum need not be circulated for public review, and pursuant to Section 15164(d), the Addendum has been considered together with the TLSP 2025 SEIR prior to making a decision on the project. All mitigation measures from the MCAS Tustin FEIS/EIR, TLSP 2017 SEIR, and TLSP 2025 SEIR Mitigation Monitoring and Reporting Programs applicable to the project have been incorporated into the conditions of approval attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN: Section 1. The above recitals are true and correct, are a substantive part of this Resolution, and are adopted as the findings of the City Council. Section 2. The City Council, having reviewed and considered the Addendum to the Tustin Legacy Specific Plan 2025 Supplemental Environmental Impact Report together with the TLSP 2025 SEIR prior to acting on the project, hereby adopts the Addendum attached hereto as Exhibit A and incorporated herein by reference, and finds that none of the conditions described in CEQA Guidelines Section 15162 have occurred and that no subsequent or supplemental Environmental Impact Report is required. Section 3. The mitigation measures adopted in connection with the MCAS Tustin FEIS/EIR, the TLSP 2017 SEIR, and the TLSP 2025 SEIR that are applicable to the project, as identified in the Addendum, are hereby imposed upon the project and are set forth in the Mitigation Measures sub-table of the Conditions of Approval attached hereto as Exhibit B. The Community Development Department is designated as the custodian responsible for monitoring and reporting compliance pursuant to Public Resources Code Section 21081.6. Section 4. Subject to Section 5 below, the City Council hereby approves SUB 2025-0003/Tentative Parcel Map 2025-151, Conditional Use Permit 2025-0012, Design Review 2025-0008, and the Density Bonus request, together with the requested incentive and the requested waivers of development standards relating to private open space, building setbacks, patio wall height, and architectural feature encroachment, subject to the Conditions of Approval attached hereto as Exhibit B and as shown on Tentative Parcel Map 2025-151 attached hereto as Exhibit C. Section 5. The approvals granted by Section 4 shall become effective on the effective date of Ordinance No. 1580 approving Development Agreement 2025-0001. Section 6. The City Manager, or designee, is hereby authorized and directed to ______________________ Resolution 26-43 Page 9 of 11 execute, and to cause to be recorded,any documents necessary to secure the affordability of the twenty-six (26)Lower Income units required by Development Agreement 2025-0001 and the Disposition and Development Agreement, each in a form approved by the City Attorney. Section 7.The documents and other materials that constitute the record of proceedings upon which this Resolution is based are located at the City of Tustin Community Development Department, 300 Centennial Way, Tustin, California 92780. The custodian of these recordsis the Community Development Director. Staff is hereby directed to file a Notice of Determination with the Orange County Clerk-Recorder and the State Clearinghouse within five(5)working days of the date of this approval. Section 8.This Resolution shall take effect immediately upon its adoption, subject to Section 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED at a regular meeting of the City Council of the City st of Tustin on the 1day of September 2026. ______________________ AUSTIN LUMBARD, Mayor ATTEST: _______________________ CARRIE WOODWARD, Assistant City Clerk APPROVED AS TO FORM: _____________________________ DAVID E. KENDIG, City Attorney __________________________ Resolution 26-43 Page 10of 11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, 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 members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 26-43was duly passed and adopted at a regular meeting of the Tustin City Council, st held on the 1 day of September 2026, by the following vote: COUNCILMEMBER AYES:Lumbard, Schnell, Gallagher, Fink, Nielsen(5) COUNCILMEMBER NOES:(0) COUNCILMEMBER ABSTAINED:(0) COUNCILMEMBER ABSENT:(0) COUNCILMEMBER RECUSED:(0) ____________________________ CARRIE WOODWARD, Assistant City Clerk ______________________ Resolution 26-43 Page 11of 11