HomeMy WebLinkAboutCHAIR HIGUCHI RESPONSES TO ITEMS 2_3_4 1. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (DA) 2022-0002
o How have affordable in-lieu fees been utilized to date?
ANSWER: To date, the City has collected approximately $2,136,000 in in-
lieu fees and interest. On November 7, 2023, the City Council approved a
$2,000,000 Grant Agreement between Families Forward and the City of
Tustin and Tustin Housing Authority to construct six-to-eight affordable
rental units serving at-risk of homelessness or homeless families. The grant
was used as a match by Families Forward in successfully applying for a
$2,500,000 grant from CalOptima.
o What are the two affordable units projected to sell for?
ANSWER: The two affordable units, lots 35 and 8, are projected to sell for
$134,616 and $145,081.
o Did City Council approve KB Home's request to eliminate the affordable
housing fee?
ANSWER: Yes, the Council approved the request at the June 18, 2024, City
Council meeting.
o Can the PC amend the recommendation to preserve the in-lieu fee but
eliminate the on-site affordable requirements?
ANSWER: No. The PC cannot amend the recommendation to eliminate the
on-site affordable housing requirements. In exchange for providing
affordable units, the Developer requested and was granted a Density Bonus
concession to reduce the required front yard setback along Irvine Boulevard
from ten (10) feet to six (6) feet, and a Density Bonus Waiver to reduce the
required common open space from 12,000 square feet to 10,531 square
feet. If the affordable requirements were eliminated, there would be no legal
basis for granting these concessions and waivers of the TCC development
standards.
o What park fees did this development pay? Was it based on the RHASP
formula?
ANSWER: Pursuant to the Tustin City Code, the amount of the parkland in-
lieu fee is based on the value of the land at the time the final map is to be
recorded. As such, an appraisal was prepared by an appraiser that was
selected by the City. The appraised value was determined at $8.25 million
($3.98 million per acre or$26,702.90 per dwelling unit).
On February 6, 2024, the City Council approved a waiver of the park in-lieu
fees for two (2) Very Low-Income units. Therefore, the total park in-lieu fee
is $ 1,014,710.20 (38 units x $26,702.90).
2. CODE AMENDMENT 2024-0004 (ORDINANCE NO. 1543) - (ORDINANCE
UPDATES RELATIVE TO THE IMPLEMENTATION OF THE 6TH CYCLE 2021-
2029 HOUSING ELEMENT)
0 9225 - DUPLEX RESIDENTIAL DISTRICT (R2)
■ Shouldn't we rename the "9225 -DUPLEX RESIDENTIAL DISTRICT
(R2)"? if it allows for triplex buildings?
ANSWER: The R2 zoning district has always allowed triplexes. The
proposed amendments would change the manner in which triplexes
are reviewed and approved. Additionally, the residential zones in the
TCC are progressive whereby what is allowed in R1 is allowed in R2
and so on.
■ 1 think we should not limit to "triplexes", we should allow building
types with more than three units (e.g., row townhomes) but limit
density to 3,500 SF per unit.
ANSWER: The proposed amendment is to remove the requirement
of a Conditional Use Permit for triplexes in R-2 zoning districts. Staff
has not analyzed the potential impacts of allowing other multi-family
within the R-2 zones and this action may require a more detailed
CEQA analysis, which staff has not completed.
■ 1 think we should specifically define triplex as a three-unit structure.
ANSWER: A new definition has been added for triplexes.
0 9226 - MULTIPLE FAMILY RESIDENTIAL DISTRICT (R3)
■ Don't we need to revise or delete conditional use permit "5.
Condominiums (as defined in the Civil Code), Community Apartment
Projects (as defined in the Business and Professions Code), and
Stock Cooperatives (as defined in the Business and Professions
Code) when developed, or to be developed, pursuant to the criteria
of the Planned Development District."? As triplexes, by default, are
either condominiums or apartments?
ANSWER: A new section has been added to remove CUP
requirement for these type of housing units.
o "supportive housing" (shouldn't this be capitalized as a defined term?l
means housing with no limit on length of stay, that is occupied by the target
population, as defined in Section 50675.14 of the Health and Safety Code,
and that is linked to an on-site or off-site service that assists the supportive
housing resident in retaining the housing, improving his or her Fcan we
avoid pronouns?l health status, and maximizing his or her ability to live
and, when possible, work in the community. Supportive housing
(capitalized defined term?l, as defined in Section 65650, shall be a use
by right in zones where multi-family and mixed uses are permitted, including
non-residential zones permitting multi-family uses, as provided in Article 11
of Government Code (commencing with Section 65650).
o "transitional housing" (defined term?l means buildings configured as rental
fdo we need to specifically say "rental"?1 housing developments but
operated under program requirements that require the termination of
assistance and recirculating of the assisted unit to another eligible program
recipient at a predetermined future point in time that shall be no less than
six months from the beginning of the assistance. (Government Code
Section 65582). Transitional housing shall be considered a residential use
and shall be permitted subject only to those zoning regulations that apply to
other residential dwellings of the same type in the same zone (Government
Code 65583).
ANSWER: Supportive and Transitional housing will be capitalized prior to
Council review and approval of the ordinance. The definitions of the housing
terms are taken from the California Health and Safety and Government
Codes. Changes or deletions may change the context of the definitions and
may also create ambiguity in the definitions.
4. DEVELOPMENT STANDARDS IN THE DOWNTOWN COMMERCIAL CORE & RED
HILL AVENUE SPECIFIC PLANS FOR MULTI-FAMILY RESIDENTIAL PARKING AND
PRIVATE STORAGE
• Consider adoption of a SCIP ordinance.
Answer: Staff can more thoroughly review the Statewide Community Infrastructure
Program and identify the program's merits as it relates to development projects in
the City of Tustin.
However, it should be noted that the SCIP (Program) allows developers to file an
application with the California Statewide Community Development Authority
(CSCDA) to obtain low-cost financing of required public infrastructure
improvements, or financing of development impact fees associated with public
infrastructure improvements.
The workshop prepared for the PC's consideration on July 9, 2024 is related to
development standards applicable to private property, and is not related to public
infrastructure.