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HomeMy WebLinkAboutPC MINUTES 05-11-21 DocuSign Envelope ID:ADA19961-C46A-4CBE-890D-05608D758B02 MINUTES VIDEO CONFERENCING TUSTIN PLANNING COMMISSION MEETING MAY 11, 2021 Meeting start time delayed due to the 5:00 p.m. City Council/Planning Commission Workshop ending at 6:50 p.m. 7:05 p.m. CALLED TO ORDER. Given. INVOCATION: Mason All present. ROLL CALL: Chair Mason Chair Pro Tem Kozak Commissioners Chu, Higuchi, and Mello PUBLIC CONCERNS: Ben Savill Mr. Ben Savill, founder and CEO of a local Tustin non-profit organization, commented on the following, in general: he participated in the previous City Council/Planning Commission Workshop, which covered the Housing Element Update; affordable housing and ways of buying single-family homes to provide "shared housing" vs. larger housing developments; the City should consider small non-profits, wealthy individuals, local investors, on ways to help meet the City's obligations on the fair housing rules, special needs, low-income and very- low income families; the City should consider creative ways to incentivize homeowners with ADU's and non-profits to buy houses in the City to help the City meet its obligations; and he requested the City host a stakeholder's meeting for these types of individuals and non-profits. Approved the CONSENT CALENDAR: Consent Calendar. Approved the 1. APPROVAL OF MINUTES —APRIL 27, 2021 Minutes of April 27, 2021. RECOMMENDATION: That the Planning Commission approve the Minutes of the April 27, 2021 Planning Commission meeting, as provided. Motion: It was moved by Higuchi, seconded by Kozak, to approve the Minutes of the April 27, 2021 Planning Commission meeting, as provided. Motion carried 5-0. None. PUBLIC HEARING Minutes—Planning Commission May 11,2021 —Page 1 of 5 DocuSign Envelope ID:ADA19961-C46A-4CBE-890D-05608D758B02 REGULAR BUSINESS: Received & 2. ACCESSORY DWELLING UNITS — RECENT LEGISLATION filed. The City Attorney's office will provide an overview of the recent ADU state law updates and steps the City will need to take to bring the TCC into compliance with new state ADU requirements. RECOMMENDATION: That the Planning Commission receive and file the report. Huitron/Daudt Huitron provided a brief description regarding the goal of the presentation, which was to inform the Commission of the different types of ADU's, along with recent legislation. Daudt's presentation included information regarding ADU Recent Legislation and Huitron's presentation covered ADU (Draft) Design Guidelines. Higuchi Higuchi asked Willkom if the Cities of Orange enacted a moratorium related to ADUs and if there were any updates, to please provide to the Commission. Willkom Willkom mentioned the Cities of Orange have had a temporary moratorium while staff was preparing new ADU regulations. She and staff will check the status, on whether or not the new ADU regulations were adopted, then she will provide a response to the Commission at a later date. Mello Mello asked if the JADU's have to be within the existing footprint and if they have to have their own egress independent of the house. Daudt In response to Mello's questions, Daudt stated "yes to both". They must be entirely contained within the footprint of the existing single-family home with independent exterior access. Mello Mello reiterated the response provided by Daudt. Chu Chu asked staff what would be considered a short-term rental. She asked Huitron if the City will include any incentives for the ADU's and if information would be included regarding incentives for ADU's or JADU's. Daudt Per Daudt, a short-term rental is identified as being 30 days or less— a monthly tenancy required at the very least. Huitron Per Huitron, one of the major incentives is already built into the State legislation and will be integrated into the City's Code which provide that any ADU unit 800 square feet or less and less than sixteen (16) feet in height is required to be ministerially approved. She mentioned SCAG is also looking at ways for cities to work together to streamline the creation of ADU's by having plans that are ready for any homeowner to use. Staff will continue to explore that option and Minutes—Planning Commission May 11,2021 —Page 2 of 5 DocuSign Envelope ID:ADA19961-C46A-4CBE-890D-05608D758B02 Huitron will provide that information on our City website if that becomes an available option. Kozak Kozak asked about the current level of ADU requests the City is experiencing. Reekstin In response to Kozak's question, Reekstin stated that the City has been processing approximately ten (10) ADU's in the last two (2) years (2019-2020). Some are still in the process but that is approximately how many were submitted to the City in each year. Some residents take longer to construct the ADU's and the City tracks them through the process. Mason Mason asked about the JADU and ADUs: if a resident lives on a parking permit street, would a resident qualify for an on-street parking permit? She wanted to understand parking from the standpoint of multiple people living at one (1) residence. Daudt An ADU would be exempt from any new parking requirements as the parking exemptions from State law apply. Under any of the City's new parking programs it would likely open to an individual who resides in an ADU. Willkom Willkom added that the current City permit parking is open to both single-family and multi-family zoned homes. Mello Mello referred to the earlier comment Huitron made regarding the 800 square feet being ministerially processed, specifically the limitation of 750 square feet not having to pay impact fees. If the City followed the 800 square foot ministerially processing, would the impact fees then apply on that unit or would they be forced to go with the 750 square feet to avoid impact fees? He also asked about the deed restriction on the owner occupancy for the JADU's and if the City has any mechanisms to actually enforce the deed restriction (i.e. a person could claim they are owner occupied, then move out and have renters renting). Huitron In response to Mello's questions, Huitron stated that it would only apply to the 50 square feet - so they would only pay impact fees on the square footage over 750 square feet. Daudt In response to Mello's last question, Daudt stated that it could form a basis for an enforcement action from the City. Notifying any prospective purchasers so they understand their expectations when they buy the property that they are expected to live there and not turn around and rent out the JADU. There were similar provisions included for ADU's historically. Daudt indicated that he would not be surprised if in the future State legislation eliminated covenant requirements for JADU's as well. Savill Savill's comments/concerns generally included: incentives for homeowners who do develop ADU's or JADU's to make them available to lower income residents within the community; he would like the City to consider the possibility of non- Minutes—Planning Commission May 11,2021 —Page 3 of 5 DocuSign Envelope ID:ADA19961-C46A-4CBE-890D-05608D758B02 Savill profits owning single-family homes in the city, in the future, in order to provide shelter housing or affordable housing; if the City is recommending owner occupancy requirements, he would like the City to recommend that non-profit owners be excluded from occupancy requirements; he requested all non-profit organizations be exempt from any impact fees; and he asked the Commission to look at this from the perspective of a renter or essential worker and think creatively on how the City can incentivize more affordable housing for essential workers and people with disabilities. Received and filed. Received & 3. 2021 LEGISLATIVE UPDATE filed. Staff will be providing an update on pertinent State legislation that was adopted in 2020 and pending legislation related to Community Development that is being monitored in 2021. RECOMMENDATION: That the Planning Commission receive and file the report. Reekstin Presentation given. Reekstin expressed his appreciation to Martinez and Maldonado for assisting with gathering information for the presentation and the item. Mason Mason gave kudos to Reekstin for the presentation. Higuchi Higuchi asked about SB 1851 Religious "affiliated housing developments" and wanted clarification if a religious institution were to move forward with the housing development on their property, would they still be subject to zoning requirements or if there is a "by right" entitlement to build housing on their property. Reekstin In response to Higuchi's question, Reekstin stated SB 1851 would allow reduced parking requirements for housing developed on those sites but he would have to investigate further on whether a housing development would require a zoning amendment or not. Once more information is gathered, Reekstin will disseminate it to the Commissioners. Mello No comments. Chu No concerns. Great presentation Scott! Kozak Kozak thanked staff for the presentations. Savill Savill's comments generally included: he mentioned hearing about low-income tenants facing eviction when their housing was taken over by a private developers; and with regard to mobile homes, hotels, motels in Tustin being sold Minutes—Planning Commission May 11,2021 —Page 4 of 5 DocuSign Envelope ID:ADA19961-C46A-4CBE-890D-05608D758B02 Savill to developers — he asked if the Commission could recommend to the City instituting some sort of rule or ordinance (i.e. affordable housing) , that the residents and/or local non-profits be given 60-90 days to raise the funds to match the purchase price of the developer and thus maintain the building or the affordable housing. Received and filed. STAFF CONCERNS: Willkom Willkom reminded the Commission of the City Council's 2nd part of the Strategic Plan Workshop tomorrow at 4:15 p.m. COMMISSION CONCERNS: Chu None. Mello Thanked staff for all the information provided. He shared information from a BIA meeting he attended (virtually) regarding Orange County Opportunities and Lessons with the Commission, more specifically, collaboration between the City Council and the Planning Commission with people who want to do business with the City of Tustin. Thanked everyone for his appointment. Higuchi Higuchi expressed his gratitude for his appointment on the Planning Commission. Honor to serve my community! Kozak Kozak thanked staff for tonight's items. Job well done! Mason Mason attended the Tustin Police Officers Association's Rock n' Brews fundraiser. She also thanked staff for working so hard on tonight's items. 8:30 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, May 25, 2021. D/o/pc_u-Signedby- AMY MASON DocuSigned by: Chairperson uu -. O�� ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Minutes—Planning Commission May 11,2021 —Page 5 of 5