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Home My WebLink AboutORD 1531 (2023) ______________________ Ordinance No. 1531 Page 1 of 5 ORDINANCE 1531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2022-0001, AMENDING THE ZONING DESIGNATION FROM RETAIL COMMERCIAL DISTRICT (C1) WITH A PARKING OVERLAY (P) TO MULTI-FAMILY RESIDENTIAL (R3) TO ACCOMMODATE THE CONSTRUCTION OF A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD 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 has been submitted to the City of Tustin (the City) Community Development Department by Intracorp SoCal-1 LLC for a General Plan Amendment (GPA) 2022-0001, Zone Change (ZC) 2022- 0001, Design Review (DR) 2022-0004, Density Bonus requests for one (1) Concession relating to the reduction of the required front yard setback along Irvine Boulevard and a Waiver to allow a reduction in required amount of common open space, a Development Agreement (DA) 2022-0002, and a Subdivision Map (SUB 2022-0002) / Tentative Tract Map (TTM No. 19224) to construct forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres. The project would also include an enclosed, two-car garage and private open space for each unit, ten (10) guest surface parking spaces, and common open space areas. The project would also require the demolition of two (2) existing two-story office buildings currently located on 17802 and 17842 Irvine Boulevard. B. That a public hearing was duly called, noticed and held on said application on December 13, 2022, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution 4463 recommending the Tustin City Council approve Zone Change (ZC) 2022-0001 by adopting Ordinance No. 1531. C. That a public hearing was duly called, noticed, and held on said application on January 17, 2023, by the City Council. D That the proposed amendment to the zoning district is in the best interest of the public in that it increases the diversity in available housing for existing and new residents in the City of Tustin. E. That the proposed zone change is consistent with GPA 2002-0001 and the policies of the General Plan, as evidenced by the following findings: 1. That the site has been developed with underutilized commercial office DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 ______________________ Ordinance No. 1531 Page 2 of 5 complex. 2. That residential uses are more beneficial to adjacent single-family dwellings than the current commercial uses. 3. That the project is adjacent to other residential uses, particularly multi- family dwellings immediately adjacent to the project site. 4. That the Fiscal Impact Analysis prepared for the project determined that the project would have a positive outcome for the City. 5. That the Planning Commission has considered GPA 2022-0001 and recommended that the City Council approve the request to change the General Plan Land Use Designation from Professional Office (PO) to High Density Residential (HDR). 6. That the proposed zone change is consistent with the General Plan in that the Multi-Family Residential zoning district provides for a multi- family development to meet regional housing needs and is consistent with the following goal and policies of the General Plan Land Use Element: a) 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. b) Policy 1.1: Permit compatible multi-family development to meet regional housing needs where best suited from a standpoint of current development, accessibility, transportation and public facilities. c) Policy 1.7: As part of the City’s attraction to business and industry, provide adequate sites to house future employees. d) Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. e) Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 ______________________ Ordinance No. 1531 Page 3 of 5 f) Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. g) Policy 6.11: Encourage the establishment of unique identity in the City’s neighborhoods. F. That the proposed project is consistent with the General Plan Housing Element Goal 1 in that the project would facilitate the provision of an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for thirty-eight (38) market-rate for sale units and two (2) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will pay an in-lieu affordable housing fee which will be used for development of affordable housing in another location within the City. G. That the proposed project is consistent with the High Density Residential land use designation which allows for the development of a wide range of living accommodations including single family units, multiple family dwellings such as, apartments, condominiums, townhomes, cooperatives, and community apartments. H. That an Initial Study was prepared to evaluate the potential environmental impacts associated with ZC 2022-0001 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared. SECTION 2: Effective Date. This Ordinance shall take effect on the 31st day after its adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption of the Ordinance to be published as required by law. 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. DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 ______________________ Ordinance No. 1531 Page 4 of 5 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 7th day of February, 2023. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 ______________________ Ordinance No. 1531 Page 5 of 5 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, 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. 1531 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 17th day of January, 2023, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 7th day of February, 2023, by the following vote: COUNCILMEMBER AYES: Lumbard, Clark, Gallagher, Gomez, Schnell (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) ERICA N. YASUDA, City Clerk Exhibit A: Zoning Map Existing/Pro DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 6 EXHIBIT A DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 Exhibit A – ZC-2022-0001 Amendment to the Zoning Land Use Designation from Retail Commercial District (C1) with Parking Overlay (P) to Multi-Family Residential (R3) 17802 and 17842 Irvine Boulevard (APNs: 401-141-13, 401-141-57) DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1