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Home My WebLink About01 PC DRAFT MINUTES 04-25-23 AGENDA ITEM #1 COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING APRIL 25, 2023 7:02 p.m. CALL TO ORDER: Given. INVOCATION: Pastor Michael Truong, Mariners Church Given. PLEDGE OF ALLEGIANCE: Commissioner Mason Mayor Pro 1. SWEARING-IN CEREMONY (Mason, Domer, Aguilera) Tem The installation of Planning Commissioner Mason, Building Board of Appeal Members Domer and Aguilera was conducted by Mayor Pro Tem Letitia Clark. ROLL CALL: Present. Chair Kozak Chair Pro Tem Higuchi Commissioners Mason and Mello Absent. Commissioner Douthit None. PUBLIC INPUT: Hurtado Hurtado confirmed no public input received. CONSENT CALENDAR: 2. APPROVAL OF MEETING MINUTES—MARCH 28, 2023 RECOMMENDATION: That the Planning Commission approve the Minutes of the March 28, 2023 Planning Commission meeting, as provided. Hurtado Hurtado confirmed no public input received regarding the Consent Calendar. Motion: It was moved by Mason, seconded by Higuchi, to approve the Minutes of the March 28, 2023 Planning Commission meeting. Motion carried 4-0-1. PUBLIC HEARING: Adopted 3. CODE AMENDMENT 2023-0003 (ORDINANCE NO. 1535) — (DENSITY Reso. No. BONUS, ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY 4469, as DWELLING UNITS ORDINANCE UPDATES) presented. Code Amendment (CA) 2023-0003 is a City-initiated request to amend Chapter 1 (Incentives for the Development of Affordable Housing) of Article 9 Minutes— Planning Commission Meeting —April 25, 2023— Page 1 (Land Use) to bring the Tustin City Code (TCC) into conformance with current State Density Bonus Law (Government Code Section 65915-65918). CA 2023-0003 also amends TCC Sections 9279 and 9297 relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with newly amended State Law, such as Assembly Bills (AB) 2221 and 897 and Senate Bill (SB) 887, and to ensure they are in compliance with the City's 2021-2029 Housing Element, as directed by AB 671 (2019). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4469, recommending that the City Council adopt Ordinance No. 1535, amending TCC 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 ADUs and JADUs. Huitron Huitron provided a verbal presentation which generally covered the following: the recommended code amendments and resolution is to ensure the City remains in compliance with the City's Housing Element that has been certified by the State; the City must maintain a certified Housing Element and a large portion of the funding is utilized by other departments, including the Economic Development Department; and she also informed the Commission of the minor revision made to Page 7 of Ordinance No. 1535, which was provided to the Commission earlier in the day and copies provided at the dais. Higuchi Higuchi's questions generally included: with respect to the allowance of ADUs within condominium projects in the TLSP, would condominium projects also be allowed to incorporate JADUs?; can ADUs be deed restricted?; if units are deed restricted,would the developer also qualify for a density bonus?; and due to State law, would a proposed development still be eligible to provide a JADU? Huitron Huitron's response to Higuchi's questions generally included: the new TCC sections pertain only to ADUs, not JADUs; since the provisions have been drafted, the requirement is that there be a limit of one (1) ADU and it must be incorporated into a proposed construction dwelling and if the units are rented, they would be deed restricted to lower income households for 55 years. Willkom Per Higuchi's density bonus question, Willkom explained that density bonus is separate application from the ADU provision. Huitron With regard to Higuchi's question regarding "State law and JADUs" Huitron stated that this ADU provision is within the parameters of State law but further detailed in creating the clarity that condominium lots are eligible for the creation of ADUs whereas the government code only refers to the language of fee simple lots. For that reason, the City is creating a specific path for condominium lots and the City can create language that is tailored to Tustin. For now, the creation of units would be limited to ADUs and not JADUs since the government code does not provide guidance for JADUs on condominium lots. Minutes— Planning Commission Meeting —April 25, 2023— Page 2 Daudt Daudt further explained the reason for the provision with ADUs versus JADUs is because under State law, JADUs are defined with specific reference to single-family lots and homes. What the proposal in question would do, is allow ADUs to be constructed in connection with other housing types that would not qualify for a JADU. The City is looking at duplexes, townhomes as well as single-family units that could be eligible on a condominium lot for this program. Higuchi Higuchi reiterated his question that JADUs are not allowed in condominium projects. He also asked if City staff confirmed or consulted with HCD regarding the proposal. Higuchi further asked if the City could allow/amend JADUs in condominium projects. Lastly, Higuchi asked if the ADUs satisfy the RHNA numbers. Huitron Per Huitron, as part of the City's Housing Element process, the City looked into incentives in creating affordable housing (i.e. ADU Accelerator Programs mentioned in her presentation) and AB 671 which was supported by HCD; thus, the proposed amendment. Upon final City Council approval, staff will report to HCD as part of the annual report of the adoption of the proposed amendment and identify that the amendment is to satisfy and implement the programs identified in the certified housing element. JADUs, in general, have unique definition in that they relate to conversion of existing habitable areas versus new construction in the Tustin Legacy area. JADUs, if addressed in the future, would have to be looked at city-wide, along with an analysis of existing condominium lots that potentially the creation of that opportunity would affect other developments outside of the Tustin Legacy. The City, in general, is allowed to go above and beyond what the State requires, but implications are broader than the Tustin Legacy. Huitron confirmed that the ADUs do satisfy the RHNA numbers. Daudt Daudt confirmed Higuchi's question. Mello Mello asked if changes would be made to parking requirements or the need for (or not) for additional parking in relation to the ADUs. Huitron In the existing ordinance and in accordance with the State law, when a unit is located within a half mile of a transit stop, ADUs are not required to provide on-site parking and would remain the same with the proposed amendment. 7:27 p.m. Hurtado confirmed no public input received. Mello Mello's final comment referred to long term use of parking and circulation patterns and how this might change with the changes in housing laws. He was also in support of the item. Higuchi Higuchi made favorable comments regarding Provision 3C. Great way to preserve the value of Tustin Legacy, meet the RHNA requirements and impact the housing crisis for everyone. He was also in favor of the item. Minutes— Planning Commission Meeting —April 25, 2023— Page 3 Mason Mason mentioned that the community needs to take on the parking issue in Tustin. She also stated the recommendation is a creative approach to expanding housing opportunities to the working generation. Motion: It was moved by Mello, seconded by Mason, to adopt Resolution No. 4469, as presented. Motion carried 4-0-1. None. REGULAR BUSINESS: STAFF CONCERNS: Willkom On behalf of the Community Development Department, Willkom congratulated Mason on her re-appointment as a Planning Commissioner along with Commissioner Douthit on his new appointment as a Planning Commissioner. COMMISSION CONCERNS: Higuchi Higuchi congratulated Douthit and thanked former Planning Commissioner Lisa Chu for her years of service. Mason Mason made favorable comments to the City Council and to staff with regard to her re- appointment as Planning Commissioner. She also thanked former Planning Commissioner Lisa Chu for her years of service. Mello Mello echoed his fellow Commissioners favorable comments. 7:34 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, May 9, 2023. Minutes— Planning Commission Meeting —April 25, 2023— Page 4