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Home My WebLink About02 GPC Determination Agenda Report • AGENDA REPORT ITEM #? MEETING DATE: JULY 12, 2016 TO: PLANNING COMMISSION FROM: ECONOMIC DEVELOPMENT DEPARTMENT SUBJECT: GENERAL PLAN CONFORMITY DETERMINATION APPLICANT: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN. CA 92780 PROPERTY OWNERS: CITY OF TUSTIN LOCATION: 1) 14542 NEWPORT AVENUE #3 2) 27 LOOK OUT LANE 3) 140 SOUTH A STREET GENERAL PLAN: HIGH DENSITY RESIDENTIAL ZONING: MULTIPLE FAMILY RESIDENTIAL (R-3) EXISTING LAND USE: VACANT LAND ENVIRONMENTAL: GENERAL PLAN CONFORMITY DETERMINATIONS REQUIRED BY GOVERNMENT CODE SECTION 65402 ARE NOT "PROJECTS' REQUIRING ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: 1 . GENERAL PLAN CONFORMITY FINDING FOR CONVEYANCE OF TWO (2) RESIDENTIAL UNITS LOCATED AT 14542 NEWPORT AVENUE #3 AND 27 LOOK OUT LANE, 2. GENERAL PLAN CONFORMITY FINDING FOR CONVEYANCE OF ONE (1) VACANT PARCEL LOCATED AT 140 SOUTH A STREET. GPC Determination—Housing Authority July 12, 2016 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4316, determining that the conveyance of two (2) affordable residential units located at 14542 Newport Avenue #3 and 27 Look Out Lane at market rate and one (1) vacant parcel located at 140 South A Street owned by the City,of Tustin to the Habitat for Humanity of Orange County, Inc. is in conformance with the Tustin General Plan. APPROVAL AUTHORITY Pursuant to Section 65402(a) of the Government Code, the Planning Commission is authorized to determine whether the location, purpose, and extent of the proposed acquisition or disposition of real property is consistent with the General Plan. BACKGROUND AND DISCUSSION: • Affordable residential units The Authority is proposing to sell two (2) affordable residential units located at 14542 Newport Avenue #3 and 27 Look Out Lane at market rate. Both units were affordable units purchased as a result of foreclosure activities. The Authority utilized Low and Moderate Income Housing Asset Funds (LMIHAF) to purchase each unit. The Authority is seeking to recover these funds through the sale of the units at market rate and deposit the proceeds into the LMIHAF. The LMIHAF supports Authority efforts to monitor and preserve the balance of affordable ownership units in the Authority's inventory. • Vacant land On July 5, 2016, the City Council of Tustin approved conveying, at no cost, one (1) City-owned parcel located at 140 South A Street to. Habitat for Humanity of Orange County, Inc., (Habitat). The property is vacant and, in 2015, Habitat approached the City about a partnership to build two (2) affordable ownership units for the benefit of Veterans. Upon Disposition and Development Agreement (DDA) approval, Habitat anticipates it will take six (6) to eight (8) months to raise the necessary funds for construction. While they are raising funds, they will submit plans and seek entitlements and site plan approvals. Once they provide evidence of financial capability, and meet the other conditions of the DDA's Schedule of Performance, the property will then be conveyed and construction is to commence shortly thereafter. GPC Determination—Housing Authority July 12, 2016 Page 3 General Plan Conformity Pursuant to Section 65402(c) of the Govemment Code, prior to acquisition or disposition of real property by a local agency such as the City, a general plan conformity determination is required. The Planning Commission is authorized to determine whether the location, purpose, and extent of the proposed conveyance are consistent with the General Plan. The proposed sale of the two (2) units at market rate supports the General Plan Housing Element goal: • Housing Element Goal 4: Preserve the existing supply of affordable housing. in the City. While the sale of two .(2) affordable units at market rate values reduces the Authority's inventory, the funds are used to administer and monitor the Authority's existing inventory of affordable ownership units. The purpose of administering and monitoring the existing inventory is to insure units at risk of foreclosure remain in the inventory and to prevent affordable owners from renting. their units. Affordable owners can attempt to purchase another home by renting out .their affordable unit and this is to the detriment of other families who could qualify to purchase their affordable unit. By preventing owners from renting their units, the Authority seeks to preserve affordability for future buyers and prevent existing affordable owners from taking advantage of the City's affordable program in order to add to their real estate portfolio. The proposed conveyance of 140 S A Street to Habitat for Humanity for the purpose of building affordable ownership housing for Veterans meets both the General Plan Land Use and Housing Element goals: 1. Land Use Element 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. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. 3. Housing Element Goal 1: To provide 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. Specifically, it complies with Housing Element Policy 1.11, encouraging the availability of affordable housing for special needs households, including large, low-income families. GPC Determination — Housing Authority July 12, 2016 Page 4 4. Housing Element Goal 3: Increase the percentage of ownership housing to ensure a reasonable balance of rental and owner-occupied housing within the City. CONCLUSION The location, purpose, and extent of the proposed conveyances are in conformance with the General Plan and staff recommends that the Planning Commission adopt Resolution No. 4316. l Jerry Craig Elizabeth A. Binsack Economic Dev. �ing Manager Director of Community Development Attachmeqlfs. A. Location Map B. Planning Commission Resolution No. 4316 ATTACHMENT A Location Map • • • � i � � it � • . r ' ry , Lag ' F ., •� a �i ` , . . 14Q 5ohA Streee$ yy p. R ��i�llsl �j�fiM� �•'' ��. .. P� .. `�._ ' � dei;:: '� . . � _�-: >�n• , ;:; ` . � ��rrr�� 4.:' �a' - f45d2'Newpoft 4engg f 4..��/ it Y' "Y•} ! �' y� /yam r p �# e�:�T��[ � r ♦�.,`4, `Py{n. ♦fin </�l,(� Q� ,i�.. 1►.,TIf � wrYiw ® ®® fl Yei N�rn• r ♦�` J` 412;2• w1 �► Y a •,n,tY� `e,,« !w� a ✓• r� , Mr �4 �1+� ' `mss �, ..' .�� ♦ ♦w♦ .♦ M 1•i j y �; �� Cyr 9 ♦'fir .yl �`♦, b r ! fr 1,�'r tb �/* 7p i e rx,} \r Yr r�` Sk`!` ��♦+♦3�,l � / '! eG'; " t\ J,a•' * ri, of _ T' r•',,� D!' 7 LOOkLa�11 e �y ATTACHMENT B Resolution No. 4316 RESOLUTION NO. 4316 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN DETERMINING THAT THE CONVEYANCE OF TWO (2) RESIDENTIAL UMTS LOCATED AT 14542 NEWPORT AVENUE #3 AND 27 LOOK OUT LANE AND ONE (1) VACANT PARCEL LOCATED AT 140 SOUTH A STREET OWNED BY THE CITY OF TUSTIN TO HABITAT FOR HUMANITY OF' ORANGE COUNTY, INC. IS IN CONFORMANCE WITH THE APPROVED GENERAL PLAN. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That the Tustin Housing Authority (Authority) wishes to sell two (2) affordable residential units located at 14542 Newport Avenue #3 and 27 Look Out Lane at market rate and deposit the funds into the Low and Moderate Income Housing Asset Fund (LMIHAF). The LMIHAF is used to administer and monitor the Authority's affordable housing inventory. B. That the City of Tustin (City) wishes to convey, at no cost, one (1) City- owned vacant parcel located at 140 South A Street to Habitat for Humanity of Orange County, Inc., (Habitat) for the purpose of building two (2) affordable ownership units for the benefit of Veterans. C. That Section 65402(a) of Government Code provides that no real property shall be disposed until the location, purpose, and extent of the project has been reported upon by the local planning agency as to the conformity with the adopted general plan. D. That Section 65402 (a) of the Government Code authorizes the Planning Commission to determine whether the location, purpose, and extent of the proposed disposition of real property are consistent with the General Plan. E. The proposed disposition supports several General Plan Land Use Element goals, including the following: 1. Land Use Element 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. Resolution No.4316 Page 2 2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. 3. Housing Element Goal 1: Provide 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. 4. Housing Element Goal 3: Increase the percentage of ownership housing to ensure a reasonable balance of rental and owner- occupied housing.within the City. 5. Housing Element Goal 4: Preserve the existing supply of affordable housing in the City. F. That the general plan conformity-determinations required by Government Code Section 65402(a) are not "projects" requiring environmental review pursuant to the California Environmental Quality Act. II. The Planning Commission hereby determines that the location, purpose, and extent of the disposition of two (2) affordable residential units located at 14542 Newport Avenue #3 and 27 Look Out Lane at market rate and one (1) vacant parcel located at 140 South A Street owned by the City of Tustin to the Habitat for Humanity of Orange County, Inc: is in conformance with the approved General Plan. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 12th day of July, 2016. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4316 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4316 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of July, 2016. ELIZABETH A. BINSACK Planning Commission Secretary 4