HomeMy WebLinkAboutPC RES 4469 RESOLUTION NO. 4469
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL ADOPT ORDINANCE NO. 1535, AMENDING
TUSTIN CITY CODE SECTIONS 9112 AND 9121(a), ADDING
TCC SECTION 9126 RELATING TO INCENTIVES FOR THE
DEVELOPMENT OF AFFORDABLE HOUSING, AND AMENDING
TCC SECTIONS 9279 AND 9297 RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS (CODE AMENDMENT 2023-0003)
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That the State Density Bonus Law (Government Code Sections 65915-
65918) requires local agencies to grant a density bonus and other
development incentives, concessions, and waivers, when affordable
housing units are provided in connection with a development project.
B. That Chapter 1 of Article 9 of the Tustin City Code (TCC), which contains
provisions for density bonus and development incentives, concessions,
and waivers for affordable housing, was last updated in October of 2022
with the adoption of City Council Ordinance No. 1528.
C. That during its 2021-2022 Regular Session, the State Legislature
approved two (2) bills modifying the State Density Bonus Law, Assembly
Bill (AB) 1551 and Assembly Bill (AB) 682 (Collectively, the "2022
Revisions to the State Density Bonus Law"),
D. That an "accessory dwelling unit" or "ADU" is an attached or a detached
residential dwelling unit which provides complete independent living
facilities for one (1) or more persons. An ADU includes permanent
provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as a single-family dwelling.
E. That a "junior accessory dwelling unit" or "JADU" is a small residential
dwelling unit contained entirely within a single-family residence. A JADU
may include separate sanitation facilities, or may share sanitation
facilities with the single-family residence.
PC Resolution No.4469
April 25, 2023
Page 2
F. That the State ADU Law (Government Code Sections 65852.2 and
65852.22) provides for the streamlined ministerial approval of ADUs in
zones that allow single-family and multifamily uses.
G. That AB 671 (2019) directs local jurisdictions to incentivize and promote
the creation of ADUs that can be offered at an affordable rent.
H. That Section 9297 of Chapter 2 of Article 9 of the TCC, which provides
for the development of ADUs and JADUs in a manner consistent with
State Law, was last updated in December of 2021 with the adoption of
City Council Ordinance No. 1517.
I. That in July 2022, the California Department of Housing and Community
Development (HCD) issued an updated ADU Handbook, providing
guidance on implementation of the State ADU Law.
J. That the City's 2021-2029 Housing Element, certified by HCD in October
2022, includes Programs 1.1(h) and 1.7(b)which commit to streamlining
reviews for projects that expand affordable housing options.
K. That during its 2021-2022 Regular Session, the State Legislature
approved two (2) bills modifying the State ADU Law, Senate Bill 897 and
AB 2221 (Collectively, the "2022 Revisions to the State ADU Law").
L. That the 2022 Revisions to the State Density Bonus Law require an
amendment of Chapter 1 of Article 9 of the TCC relating to incentives
for the development of affordable housing, including TCC Sections
9112, 9121(a), and 9126.
M. That the 2022 Revisions to the State ADU Law require an amendment
of Sections 9279 and 9297 of Chapter 2 of Article 9 of the TCC relating
to ADUs and JADUs.
N. That CA 2023-0003 updates Chapters 1 and 2 of Article 9 of the TCC to
comply with the State Density Bonus Law and the State ADU Law and
to incentivize and promote the creation of ADUs that can be offered at
an affordable rent in accordance with AB 671.
O. That on April 25, 2023, a public hearing was duly noticed, called, and
held by the Planning Commission on CA 2023-0003.
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PC Resolution No.4469
April 25, 2023
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P. That CA 2023-00,03 is not subject to the California Environmental Quality
Act (CEQA) pursuant to California Code of Regulations, Title 14,
Chapter 3, Sections 150,60 (c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378)
because it has no potential for resulting in physical change to the
environment, directly or indirectly. The State Density Bonus Law
contains mandatory provisions that the City must implement, whether or
not it adopts its own ordinance, therefore this Ordinance does not create
a new land use. Additionally, pursuant to Section 21080.17 of the
California Public Resources Code, CEQA does not apply to the adoption
of an ordinance by a city to implement the provisions of the State ADU
Law,
11, The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1535, amending TCC Sections 9112 and 91121(a), and adding
TCC Section 9126 relating to incentives for the development of affordable
housing, and amending TCC Sections 9279 and 9297 relating to ADUs and
JADUs (CA 2023-0003), attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 25th day of April, 2023.
STEVE KOZAK '
Chairperson
JUVINA L. WILLKOM
Planning Commission Secretary
PC Resolution, No. 4469
April 25, 2023
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, JUSTINA L. VVILLKOM, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 4469 duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held: on the 25th day of April, 2023.
PLANNING COMMISSIONER AYES: Higuchi, Kozak, Mason, Mello (4)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT- Douthit
JUS VNA L. WILLKOM
Planning Commission Secretary