HomeMy WebLinkAbout02 CONTINUED HOUSING ELEMENT REZONE Docusign Envelope ID:49513916F-31D1 F-4F83-8196-CAODOFC24491
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AGENDA REPORT ITEM 2
MEETING DATE: OCTOBER 8, 2024
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: HOUSING ELEMENT REZONE PROJECT IMPLEMENTING
PROGRAMS 1 .1A, 1 .113, 1 .1 F, AND 1 .1 G OF THE 6TH CYCLE 2021-
2029 HOUSING ELEMENT OF THE GENERAL PLAN
SUMMARY:
California law requires every city to create and maintain a "General Plan". A General Plan
establishes goals and policies related to the city's growth and community health over a
period of several decades. The General Plan serves as a vision and guide for decision-
making and land development. General Plans must address eight mandatory topics, or
"elements", including land use, circulation, housing, conservation, open space, noise,
safety, and environmental justice. The Housing Element, specifically, must be submitted
to the State for review, and the State must certify it as being compliant with State housing
laws. The Housing Element must be updated and certified every eight years.
(Government Code Section 65580 et seq.)
Under State law, the Housing Element must show that the City can provide its fair share
of regional housing over an eight-year period (2021 to 2029). The City's share of housing
is established by a process called the Regional Housing Needs Allocation (RHNA). The
current RHNA mandates the City to accommodate the construction of at least 6,782
dwelling units on vacant or underutilized residentially zoned properties. The City's current
zoning can only accommodate 4,614 new dwellings; which results in a shortfall of 2,168
units. Pursuant to State law, the City must establish a "rezone program" in the Housing
Element that specifies properties that will be rezoned to residential to resolve the shortfall.
After lengthy public engagement and input, surveys, workshops, and hearings, in October
2022, the City Council adopted the 2021-2029 Housing Element, which includes
programs to accommodate the RHNA shortfall by rezoning areas of Tustin Legacy, the
Enderle Center, and the Tustin Market Place. The adopted Housing Element was
submitted to the California Department of Housing and Community Development (HCD),
and subsequently, the City received certification by the California Department of Housing
Community and Development (HCD).
The proposed Housing Element Rezone Project implements the City's adopted and
certified Housing Element. The rezone project is necessary to resolve the RHNA shortfall
and bring the City into compliance with its State mandated housing obligations.
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Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 2
An Environmental Impact Report (EIR) has been prepared for each of the three Rezone
Project locations, in accordance with the provisions of the California Environmental Quality
Act (CEQA)Article 6 of California Code of Regulations, Title 14, Chapter 3.
PROJECT SITES:
(A) TUSTIN LEGACY SPECIFIC PLAN (TLSP) — HOUSING ELEMENT SITES 1A, 1 B & 2
General Plan: Tustin Legacy Specific Plan (TLSP)
Current Zoning: Tustin Legacy Specific Plan (SP-1), Neighborhoods D and G
Property Owner: City of Tustin
300 Centennial Way
Tustin, CA 92780
(B) ENDERLE CENTER — HOUSING ELEMENT SITE 17
General Plan: Planned Community Commercial/Business (PCCB)
Current Zoning: Planned Community Commercial (PC COM)
Property Owner: EMS Development Company
14081 Yorba Street
Tustin, CA 92780-2010
(C) THE MARKET PLACE — HOUSING ELEMENT SITE 18
General Plan: Planned Community Commercial/Business (PCCB)
Current Zoning: East Tustin Specific Plan Mixed-Use (SP-8-MU)
Property Owner: The Irvine Company
500 Newport Center Drive
Newport Beach, CA 92660
RECOMMENDATION:
That the Planning Commission adopt the following resolutions, all of which recommend
that the City Council approve the applications necessary to implement Housing Element
Program 1 .1 and meet the City's RHNA obligation:
• Tustin Legacy — Sites 1A, 1113 and 2
1 . Adopt Resolution No. 4494, recommending that the City Council find the Final
Supplemental Environmental Impact Report for Tustin Legacy Specific Plan
(TLSP) Amendment 2024-0002 is adequate.
2. Adopt Resolution No. 4495, recommending that the City Council adopt Ordinance
No. 1547 for Specific Plan Amendment (SPA) 2024-0002 to allow for additional
high density residential development on three sites in the TLSP, Housing Element
Sites 1 a, 1 b, and 2, with a minimum density of 20 units per acre (du/acre) on the
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Housing Element Rezone Project
October 8, 2024
Page 3
selected sites. Amendment to the TLSP would to be consistent with existing State
housing law, including the provision for State density bonus.
• Enderle Center — Site 17
3. Adopt Resolution No. 4496, recommending that the City Council find the Final
Environmental Impact Report (FEIR) for General Plan Amendment (GPA) 2024-
0001 , Code Amendment (CA) 2024-0003, and Zone Change (ZC) 2024-0001 is
adequate.
4. Adopt Resolution No. 4498, recommending that the City Council adopt Ordinance
No. 1549 for CA 2024-0003 to establish a Housing Overlay (HO) district (overlay
zone) in conjunction with the planned community commercial district (base zone)
to implement the housing implementation program of the 6th Cycle 2021-2029
housing element of the general plan.
5. Adopt Resolution No. 4499, recommending that the City Council adopt Ordinance
No. 1550 for ZC 2024-0001 to amend the City's zoning map to apply the Housing
Overlay (HO) district to the Enderle Center Rezone Project area.
• The Market Place — Site 18
6. Adopt Resolution No. 4500, recommending that the City Council find the FEIR for
GPA 2024-0001 and East Tustin Specific Plan (ETSP) Amendment 2024-0001 is
adequate.
7. Adopt Resolution No. 4501, recommending that the City Council adopt Ordinance
No. 1551 for SPA 2024-0001 to accommodate residential development on 18
acres of The Market Place Rezone Project site and create a new high density
residential land use category to implement the Housing Implementation Program
of the 6th Cycle Housing Element of the General Plan.
• General Plan Consistency (Enderle Center & The Market Place)
8. Adopt Resolution No. 4497, recommending that the City Council adopt City Council
Resolution No. 24-79 for GPA 2024-0001 for minor text amendments to ensure
consistency with the proposed ZC 2024-0001 (Housing Element Site 17 - Enderle
Center) and SPA 2024-0001 (Housing Element Site 18 — The Market Place).
APPROVAL AUTHORITY:
California Government Code Section 65300 requires each city to prepare and adopt a
comprehensive, long-term general plan for the physical development of the city; and
Government Code Section 65800 authorizes cities to adopt zoning regulations.
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October 8, 2024
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Pursuant to Government Code Sections 65353 through 65355, the City shall adopt and
amend a General Plan as follows:
• The Planning Commission shall hold at least one public hearing before approving a
recommendation on the amendment to the General Plan.
• The Planning Commission shall make a written recommendation on an amendment
to the General Plan. A recommendation for approval shall be made by affirmative
vote of not less than a majority of the total membership of the Commission. The
Planning Commission shall send its recommendation to the legislative body (the City
Council).
• The City Council shall hold at least one public hearing prior to amending a General
Plan. A General Plan shall be amended by resolution upon an affirmative vote of no
less than a majority of the affirmative vote of total membership of the legislative body.
Government Code Section 65453 requires that a SPA be prepared, adopted, and
amended in the same manner as a general plan, except that a specific plan may be
adopted by resolution or ordinance.
Consistent with the Government Code, Tustin City Code (TCC) Section 9295f authorizes
the Planning Commission to make a recommendation to the City Council on a proposed
GPA, SPA, CA, and ZC. Such amendments may be initiated by the City in accordance
with TCC Section 9295. If approved, the Ordinances would go into effect 30 days
following adoption by the Tustin City Council.
BACKGROUND:
The City's 2021-2029 6th Cycle Housing Element (Housing Element) of the Tustin
General Plan was adopted by the City Council on October 4, 2022 and certified by the
California Department of Housing and Community Development (HCD) on October 10,
2022. A significant consideration within the City's Housing Element is the City's
obligation, under State Housing Law, to accommodate its fair share of regional housing
over an eight-year period (2021-2029). The fair share of housing is not only a total
number of units, but also a distribution of units among four household incomes levels
(very low, low, moderate and above moderate incomes). Known as the Regional Housing
Needs Assessment (RHNA), the fair share of housing for the region is determined by the
State, and the State's regional allocation is then distributed by the Southern California
Association of Governments (SCAG) to each of the 197 jurisdictions within the region.
For the 2021-2029 planning period, the City of Tustin was allocated 6,782 total housing
units. This represents the number of new housing units that the City needs to
accommodate during the period. To show that the City can meet this obligation, the
Housing Element includes a city-wide evaluation of available vacant and underutilized
land that is zoned for residential development and is available to accommodate new
housing. This evaluation of sites is reflected in the Housing Element's "Sites Inventory"
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Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 5
(Housing Element Appendix B, Table B-2).
Unfortunately, the City's capacity for new development is only 4,614 dwelling units. As
a result, the Housing Element identifies sites with vacant and underutilized land that can
be rezoned to accommodate the 2,168-unit shortfall. Additionally, because the City is
obligated to continuously maintain its RHNA obligation, the Housing Element proposes
an additional 1 ,356 units that will serve as a "buffer". The buffer units are necessary
because Site Inventory properties are most likely to be developed below their identified
capacity, or with less income category units than allocated.
The current Housing Element and Sites Inventory were thoroughly discussed and vetted
at public meetings. In fact, prior to its adoption by the City Council and certification by
the State, the Housing Element underwent a multi-year preparation effort, which
included two public workshops (November 20, 2020 and May 11 , 2021)and the creation
of a Community Engagement Plan. The Community Engagement Plan included a
community online survey, social media posts, social media paid advertising, newspaper
advertisements, and direct emails and mailings to all City residents and stakeholders.
The City also held City Council meetings on August 17, 2021 and September 7, 2021 ,
which provided additional opportunities for public input. At the August 17, 2021
meeting, based on public comments, the City Council added two additional housing
sites (Enderle Center and The Market Place) to the Sites Inventory. This resulted in the
final Sites Inventory including three broad areas within Tustin Legacy, four sites within
the Red Hill Avenue Specific Plan, ten sites within the Downtown Commercial Core
Specific Plan, one site at Enderle Center, one site at The Market Place, projected
Accessory Dwelling Units (ADUs), and a seven unit transitional housing project (now
constructed). On September 7, 2021 , the City Council authorized the revised Sites
Inventory and allocation of units within the various planning areas, which aligned with
comments previously received from HCD. Between September 2021 and October 2022
the City worked with HCD to achieve a compliant Housing Element, which led to the
Housing Element's Certification by HCD in October 2022.
The Housing Element is a policy document that contains the goals and strategies the City
intends to implement to address housing-related issues. The Housing Element also sets
forth a Housing Implementation Program that provides for specific actions that will be
undertaken during the planning period to achieve the City's housing goals and policies.
The rezoning of sites to meet the City's RHNA obligation is covered in Housing Element
Implementation Programs 1.1(a), 1 .1(b), 1 .1(f) and 1 .1(g). These programs are
summarized as follows:
• Program 1.1(a) — Requires the rezoning of properties identified within General Plan
Housing Element Appendix B, Table B-2 (Site Inventory Assessment) to
accommodate additional residential development within the TLSP. Development
standards will allow no less than 30 dwelling units per acre and requires a minimum
density of 20 units per acre for development.
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Housing Element Rezone Project
October 8, 2024
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• Program 1.1(b) — Utilizes Planned Community Districts, Overlay Districts, and/or
Specific Plan amendments to facilitate mixed-use developments, to encourage the
development of new affordable ownership and rental housing.
• Program 1.1(f) — Add a residential overlay zone and amend the General Plan for
"rezone" properties identified in General Plan Housing Element Appendix B, Table 13-
2 (Site Inventory Assessment), including the Enderle Center and The Market Place.
Development standards will allow no less than 30 dwelling units per acre and requires
a minimum density of 20 units per acre for development.
• Program 1.1(g) — Update Zoning Code to allow by-right residential development
pursuant to Government Code 65583.2 provisions. This program applies to areas
rezoned for residential development after October 15th, 2021 , to achieve the City's
6th Cycle RHNA objectives, including the following:
o Minimum density of 20 units per acre,
o Minimum site size to permit at least 16 units on site, and
o Zoned to allow ownership and rental housing by-right in which at least 20
percent of the units are affordable to lower-income households.
The 2021-2029 Housing Element states that the City will implement rezoning programs
1 .1(a), 1 .1(b), 1 .1(f) and 1 .1(g) by October 2024. Failure to implement the rezoning by
the deadlines in the Housing Element, or timelines established by State housing law,
could result in a decertification of the Housing Element. Decertification could subject
the City to lawsuits from private parties and housing advocates. More importantly, a
decertification of the Housing Element would suspend City authority to apply zoning
regulations upon housing developers and would disqualify the City from obtaining a
number of State grants.
DISCUSSION:
Project Summary
To implement Rezone Program 1 .1 , as specified in the City's 2021-2029 Housing
Element, and to accommodate the RHNA allocation, the City has prepared draft revisions
to the Tustin Legacy Specific Plan (TLSP), East Tustin Specific Plan (ETSP), and Tustin's
Zoning Code. These revisions accommodate additional housing capacity in three areas
of the City. Specifically, these revisions will authorize additional housing capacity in
Neighborhoods D and G of the Tustin Legacy area; add a High Density Residential (HDR)
zone at The Market Place's existing parking lot; and apply a new Housing Overlay (HO)
district to the Enderle Center. The City is also proposing an amendment to the General
Plan's Land Use Element to clarify that additional density is permitted in PCCB land use
designations, to ensure the rezoning of The Market Place and Enderle Center are
consistent with the General Plan. To implement Housing Element Program 1 .1(g),
projects identified as a 6th Cycle RHNA "reuse" site, must allow residential uses by right
for housing developments in which at least 20 percent of the total units are affordable to
lower income households pursuant to Government Code Section 65583.2 provisions.
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Housing Element Rezone Project
October 8, 2024
Page 7
Draft revisions to the TLSP, ETSP, and Tustin's Zoning Code address these
requirements.
The following provides additional details on the three areas that are to be rezoned.
• Tustin Legacy: The Tustin Legacy (Housing Element Sites 1A, 1 B and 2) is identified
by Housing Element Program 1 .1(a) as having its residential capacity increased in
Neighborhoods D North, D South, and G. To accommodate State Housing Law
(RHNA), the rezoning program adds a total of 855 additional residential units to these
neighborhoods. The Housing Element also includes 1 ,356 buffer units, which are
intended to support Site Inventory properties that are developed with less than their
specified capacity. Therefore, the total number of dwelling units to be added to the
TLSP under the Rezone Program is 2,211 (885 RHNA + 1,356 buffer). No
development is proposed as part of the City's proposal.
A Specific Plan Amendment (SPA) is required to increase the capacity of housing in
Neighborhoods D and G. Table 1 provides a comparison between approved Specific
Plan (SP) and the proposed amendment. The amendment also includes minor
revisions to the SP to resolve known ambiguities that are not Housing Element related.
Exhibit 4B shows the redlined changes to the TLSP.
Table 1 — Specific Plan Amendment Summary
Neighborhood Existing Proposed Buffer Revised
Remaining SPA Units Remaining
Capacity (20% of Capacity
_L RHNA) with SPA
D North 0 555 Units 1,356 Units 1,911 Units
D South 896 Units 100 Units 996 Units
G 2,029 Units 200 Units 2,229 Units
TOTAL UNITS 2,925 Units 2,211 Units 5,136 Units
• Enderle Center: The Enderle Center (Housing Element Site 17) is identified by
Housing Element Program 1 .1(f) as a location that will allow high density
residential/mixed-use development. The Enderle Center consists of approximately
11 .80 acres of privately-owned property, currently developed as a commercial center
and office uses. Of the site area, at least seven acres are currently paved parking
areas have been identified as suitable for housing development.
The Rezoning Program for the Enderle Center requires a General Plan Amendment
(GPA) to establish that higher density residential uses are allowed in the Planned
Community Commercial Business (PCCB) land use designation when prescribed by
a Housing Overlay (HO) district or a Specific Plan (SP); a Code Amendment (CA) to
create Section 9253, establishing a Housing Overlay District (overlay zone) in
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Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 8
conjunction with the Planned Community Commercial Districts (base zone); and a
Zone Change (ZC)to amend the City's zoning map to apply the Housing Overlay (HO)
district to the Project site. The proposed overlay zone would allow the redevelopment
of up to seven acres of the 11 .80-acre site with up to 413 housing units. No
development is proposed as part of the City's proposal.
• The Market Place: The Market Place (Housing Element Site 18) is identified under
Housing Element Program 1 .1(b) and 1 .1(f) as being rezoned to allow for high density
residential development. The Market Place is an approximate 76.9-acre shopping
center, and 18 acres of the site currently used as surface parking, have been identified
as being suitable for housing development. Per the adopted City General Plan 2021-
2029 Housing Element, redevelopment of up to 18 acres of existing parking area with
up to 900 housing units.
The Rezoning Program for The Market Place requires a GPA to establish that higher
density residential uses are allowed in the PCCB land use designation when
prescribed by a HO district or a SP. It also requires a SPA to identify "High Density
Residential" as a new residential density category available within the plan.
Additionally, the SPA would identify "High Density Residential" as an allowable use
within Sector 12 of the ETSP. Exhibit 11 B provides redlined changes to the ETSP. No
development is proposed as part of the City's proposal.
Consistency with the Housing Element of the Tustin General Plan
The Housing Element Rezone Project is consistent with the City's General Plan, including
the Housing Element, by addressing the regional housing needs and ensuring the
provision of diverse housing types. This project aligns with the General Plan's vision of
balanced land use and community development. Specifically, it supports the following
Housing Element goals and policies:
• 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.
o Policy 1.5: Encourage compatible and complementary infill of previously by-
passed parcels in areas already predominately developed.
o Policy 1.7: As part of the City's attraction to business and industry, provide
adequate sites to house future employees.
o Policy 1.10: Ensure that the distribution and intensity of land uses are
consistent with the Land Use Plan and classification system.
• Goal 2: Ensure that future land use decisions are the result of sound and
comprehensive planning.
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Housing Element Rezone Project
October 8, 2024
Page 9
o Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
Development Applications
To implement the proposed Housing Element Rezone Project, the City has initiated
numerous project applications for approval by the City Council. The following
summarizes each individual application:
• General Plan Amendment 2024-0001
General Plan Amendment (GPA) 2024-0001 proposes to establish that higher density
residential uses are allowed in the Planned Community Commercial/Business (PCCB)
land use designation when prescribed by a housing overlay or a specific plan. Exhibit
12B provides redlined changes to the General Plan.
• Code Amendment 2024-0003
Code Amendment (CA) 2024-0003 proposes to establish a Housing Overlay (HO)
District (overlay zone) in conjunction with the planned community commercial district
(base zone) to implement the housing implementation program of the 6t" Cycle 2021-
2029 Housing Element of the General Plan. Exhibit 7B provides redlined changes to
Chapter 2 of Article 9 of the Tustin City Code (TCC).
• Zone Change 2024-0001
Zone Change (ZC) 2024-0001 proposes to amend the City's zoning map to apply the
Housing Overlay (HO) District to the Enderle Center. Exhibit 8A identifies existing and
proposed zoning for the Enderle Center, and associated development standards. The
zoning and development standards are also shown in Figure 1 , Table 3 and Table 4
below.
Figure 1 — Existing and Proposed Zoning, Enderle Center
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Existing Zoning— PC COM Proposed Zoning — PC COM & HO
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Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 10
Table 3 — Enderle Center HO Development Standards
F1
Site
Lot Size' — Residential & Mixed-Use None None
Lot Width 35 ft None
Density
Residential Density 20 du/ac None
Dwelling Units 0 413
Housing Development Area 0 7 ac
Building Height
Single & Multi-Family Residential None 75 ft
Mixed-Use None 75 ft
Building Setback2
Seventeenth Street loft None
Yorba Street loft None
Local Road loft None
Private Street or Drive 5 ft None
Alley 3 ft None
Rear Yard 10 ft 5 None
Interior Side Yard3 3 ft 6 None
Landscape Setback'
Seventeenth Street loft None
Yorba Street loft None
Local Road 5 ft None
Private Street or Drive 5 ft None
Minimum lot size shall accommodate no less than 16 units.
2 Applies only to single family detached dwelling units,attached dwelling units,and duplexes.
3 Interior side yard setbacks shall maintain an aggregate 10 feet distance between buildings
4 Minimum landscaped areas are required within building setback areas.Building setbacks from streets are measured from back of rights-of-way.
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Page 11
Table 4— Enderle Center HO Open Space Standards
TYPE STANDARD PROVISIONS
Private open space shall be provided at a minimum depth of four feet
Privates 6 100 sf per unit in the form of balconies, patios, or other similar private open space
acceptable to the Community Development Director.
Shared facilities designated as recreational areas. May include
Common 200 sf per unit pedestrian paths, common area balconies, common area rooftop
decks, recreation buildings, etc.
• Specific Plan Amendment 2024-0001 — East Tustin
Specific Plan Amendment (SPA) 2024-0001 proposes to identify "High Density
Residential" (HDR) as a new residential density category available within the East
Tustin Specific Plan (ETSP), and to rezone a portion of The Market Place Shopping
Center as HDR to accommodate the development of high density residential. Exhibit
11 B provides redlined changes to the ETSP. Figure 2 below reflects the areas of The
Market Place that will be rezoned to HDR.
Figure 2 — High Density Residential Zone, The Market Place (Tustin)
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a�2924 CEQA Slydy Arvo P==ir.i 6—=Ic= Yigh 6—iAy RnidrMiol(XUR�Z.—
Private attached ground level patios may be credited if open on three sides.Areas not available for open space credit include all streets,driveways,
landscaped building setback areas,and parking lots.
6 Private open space may include balconies,patios,courtyards,roof decks,etc.
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Planning Commission Agenda Report
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• Specific Plan Amendment 2024-0002 —Tustin Legacy
SPA 2024-0002 proposes to amend Neighborhood D South, D North, and G to
increase the allowed residential capacity, to be consistent with the certified Housing
Element. Exhibit 4B provides redlined changes to the TLSP.
To accommodate specific requirements within Government Code Section 65583.2(h)
and HE Program 1 .1 , which requires a percentage of the City's rezoning sites to be
zoned exclusively for residential use, the City has identified two parcels in the TLSP
area that would accommodate the State requirement, in conjunction with the rezoning
of the 18 acres in The Market Place. These parcels are reflected in Exhibit 4B redline
changes and are shown in Figure 3 below.
Figure 3 — High Density Residential, Tustin Legacy
LEGEND
k.
i -I Q High Density Residential Only
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I Parcel Lines(2024)
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430 381 91
I 430-381-41 \ ti' _
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Native American Tribal Consultation
Pursuant to California Government Code Sections 65352.3 and 65352.4 (Senate Bill 18)
and Public Resources Code Section 21080.3.1 (Assembly Bill 52), the City followed the
statutory Native American Tribal Consultation requirements by obtaining a tribal
consultation list from the Native American Heritage Commission (NAHC) and notifying
representatives of the 15 identified Native American Tribes of proposed rezoning,
including the TLSP Amendment (SPA 2022-0001), Enderle Center Rezone Project (GPA
2024-0001 , CA 2024-0003 and ZC 2024-0001), and The Market Place Rezone Project
(GPA 2024-0001 and SPA 2024-0002).
The City circulated letters, via certified mail, on August 28, 2023, to request comments and
input on the proposed project and the potential effect to Tribal and Cultural Resources. The
City had received one request for consultation from the Gabrieleno Band of Mission
Indians - Kizh Nation. As a result of the consultation, Mitigation Measures have been
included in the Environmental Impact Reports to require the monitoring of future ground
disturbing activities by a Native American monitor, and that future developers follow
specified procedures should Native American remains and objects be discovered. The
drafted Mitigation Measures have been provided to the Kizh Nation, and no concerns
have been expressed at the time of this staff report's preparation.
PUBLIC HEARING NOTICE AND CONTINUANCE:
A one-eighth (1/8) page public notice was published in the Tustin News on September 12,
2024, informing the public of the Planning Commission public hearing for the proposed
Housing Element Rezone Project. The public notice was posted at Tustin City Hall, the
Tustin Library, and the Tustin Area Senior Center. In addition, the Community
Development Department mailed a notice of public hearing to each property owner within
300 feet of the project site, inclusive of the project itself, and to those who were identified in
the petition related to the rezone of Enderle Center. An eBlast was sent via e-mail on
September 13, 2024, September 24, 2024, and October 4, 2024 to all those identified on
the Interested Parties list for the project.
The public hearing, for the proposal, was held on September 24, 2024, at which time
numerous members of the public provided comments. However, not all of the
Commissioners were present at the meeting, therefore the Commission continued the item
to their regularly scheduled Planning Commission meeting of October 8, 2024.
ENVIRONMENTAL REVIEW:
An Environmental Impact Report (EIR) has been prepared for each project location in
accordance with the provisions of the California Environmental Quality Act (CEQA)Article
6 of California Code of Regulations, Title 14, Chapter 3.
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Tustin Legacy Specific Plan Amendment— Sites 1A, 1B, and 2
• Prior Environmental Documents
A FEIS/EIR was prepared for the disposal and reuse of the MCAS Tustin and certified
by the Tustin City Council on January 16, 2001 (Resolution 00-90). Since certification
of the 2001 FEIS/EIR, the City has prepared two supplements and two addenda to the
2001 FEIS/EIR and has certified and adopted multiple CEQA documents for
amendments to the MCAS Tustin Specific Plan and development projects in the Tustin
Legacy area. The purpose and application of these supplements and addenda are
summarized in the SEIR (Exhibit 3A and 3B).
• Draft Final Supplemental Environmental Impact Report
Prior to the preparation of the DSEIR the City of Tustin circulated a Notice of
Preparation (NOP) and held an EIR scoping meeting on March 20, 2024 to receive
comments from interested parties regarding the environmental analysis to be
prepared. Table 2-1 of the DSEIR summarizes issues identified by respondents to
the NOP. The table also provides references to the sections of the DSEIR in which
these issues are evaluated.
Following the scoping meeting, the City of Tustin completed the DSEIR for the
proposed Tustin Legacy SPA. The Draft SEIR analyzed impacts to 10 environmental
topical areas:
• Air Quality Population and Housing
• Energy Public Services
• Greenhouse Gas Emissions Transportation
• Land Use and Planning Tribal Cultural Resources
• Noise Utilities and Service Systems
Table 1-1 of the DSEIR (Exhibit 3B) summarizes the conclusions of the
environmental analysis. Impacts are identified as significant and unavoidable, less
than significant, or no impact; and mitigation measures are identified for all significant
impacts. The level of significance after imposition of the mitigation measures is also
presented. The DSEIR concluded that the project would have significant and
unavoidable impacts regarding air quality and greenhouse gas emissions. Table 3-
2 of the DSEIR also provides a comparison of the Adopted Specific Plan and the
proposed Specific Plan.
As State Density Bonus Law allows affordable housing projects to exceed zoning
limits, and affordable housing is a TLSP requirement under the Surplus Land Act, the
impacts of 2,759 additional units have been evaluated in the Draft Supplemental
Environmental Impact Report (DSEIR). Therefore, a total of 4,970 additional units
(2,211 rezoning + 2,759 density bonus) have been evaluated for the environmental
impacts, pursuant to CEQA.
Docusign Envelope ID:495B916F-3D1 F-4F83-8196-CAODOFC24491
Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 15
On June 27, 2024, the City issued a Notice of Availability of the DSEIR and provided
the public with a 45-day review period beginning on June 28, 2024, and ending on
August 12, 2024. In response, the City received seven correspondences from
affected agencies. These correspondences and responses are summarized in the
Draft Final Supplemental EIR (FSEIR). On September 13, 2024, the responses to
comments (Exhibit 3A) were distributed to those persons or agencies that
commented on the DSEIR (Exhibit 313).
Enderle Center Rezone— Site 17
• Draft Final Environmental Impact Report
Prior to the preparation of the DEIR the City of Tustin circulated a Notice of Preparation
(NOP) and held an EIR scoping meeting on February 26, 2024 to receive comments
from interested parties regarding the environmental analysis to be prepared. Table 2-
1 of the DSEIR summarizes issues identified by respondents to the NOP. The table
also provides references to the sections of the DEIR in which these issues are
evaluated. No other areas of controversy are known to the Lead Agency.
Following the scoping meeting, the City of Tustin completed the DEIR for the proposed
Enderle Center Rezone Project. The Draft EIR analyzed impacts to 11 environmental
topical areas:
• Air Quality Public Services
• Energy Recreation
• Greenhouse Gas Emissions Transportation
• Land Use and Planning Tribal Cultural Resources
• Noise Utilities and Service Systems
• Population and Housing
Table 1-1 of the DEIR (Exhibit 613) summarizes the conclusions of the environmental
analysis. Impacts are identified as significant and unavoidable, less than significant,
or no impact, and for all significant impacts, mitigation measures are identified. The
level of significance, after imposition of the mitigation measures, is also presented.
The DEIR concluded that the project would have significant and unavoidable impacts
regarding air quality and greenhouse gas emissions. Table 3-2 of the DEIR provides
a comparison of the existing and proposed project site characteristics.
On June 6, 2024, the City issued a Notice of Availability of the DEIR and provided
the public with a 45-day review period beginning on June 6, 2024, and ending on
July 22, 2024. In response, the City received seven correspondences from affected
agencies. These correspondences and responses are summarized in the Draft Final
EIR (FEIR). On September 13, 2024, the responses to comments (Exhibit 6A) were
distributed to those persons or agencies that commented on the DEIR (Exhibit 6B.
Docusign Envelope ID:495B916F-3D1 F-4F83-8196-CAODOFC24491
Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 16
The Market Place Rezone— Site 18
• Draft Final Environmental Impact Report
Prior to the preparation of the DEIR the City of Tustin circulated a NOP and held an
EIR scoping meeting on February 26, 2024 to receive comments from interested
parties regarding the environmental analysis to be prepared. Table 2-1 of the DSEIR
summarizes issues identified by respondents to the NOP. The table also provides
references to the sections of the DEIR in which these issues are evaluated. No other
areas of controversy are known to the Lead Agency.
Following the scoping meeting, the City of Tustin completed the DEIR for the proposed
Enderle Center Rezone Project. The Draft EIR analyzed impacts to 11 environmental
topical areas:
• Air Quality Public Services
• Energy Recreation
• Greenhouse Gas Emissions Transportation
• Land Use and Planning Tribal Cultural Resources
• Noise Utilities and Service Systems
• Population and Housing
Table 1-1 of the DEIR (Exhibit 1013)summarizes the conclusions of the environmental
analysis. Impacts are identified as significant and unavoidable, less than significant,
or no impact, and for all significant impacts, mitigation measures are identified. The
level of significance after imposition of the mitigation measures is also presented.
The DEIR concluded that the project would have significant and unavoidable impacts
regarding air quality and greenhouse gas emissions. Table 3-2 of the DEIR provides
a comparison of the existing and proposed project site characteristics.
In addition to analyzing 900 future residential units on the 18-acre rezone site, the
EIR analyzes the remaining development potential of The Market Place, which is
13,032 square feet of non-residential land uses (i.e. retail, restaurant, office, etc.).
This square footage is residual development capacity that has been previously
entitled but not constructed.
On June 6, 2024, the City issued a Notice of Availability of the DEIR and provided
the public with a 45-day review period beginning on June 6, 2024, and ending on July
22, 2024. In response, the City received five correspondences from affected
agencies. These correspondences and responses are summarized in Draft Final
Supplemental EIR (FSEIR). On September 13, 2024, the responses to comments
(Exhibit 10A) were distributed to those persons or agencies that commented on the
DEIR (Exhibit 10B.
Docusign Envelope ID:49513916F-31D1 F-4F83-8196-CAODOFC24491
Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 17
SUBSEQUENT REVISIONS:
Agenda report and associated materials include minor updates related to typos and to
provide additional clarity. Additional modifications from the staff report dated September 24,
2024 are as follows:
• Additional information has been provided to clarify the purpose of the Tustin General
Plan and its relationship to the Housing Element, and to clarify components of the
Housing Element.
• On page 6 and 7 of the staff report, and within attachments 3, 4, 6, 8, 10, 11, language
was added to address Housing Element Program 1.1(g) for rezone sites to allow
residential use by right for housing developments in which at least 20 percent of the
units are affordable to lower income households. This policy brings the City into
compliance with the provisions of Government Code Section 65583.2. Amendments
to the TLSP, ETSP, and Zoning Code already address this program, though program
was not previously identified in report and finding for Program 1 .1(g) was absent from
corresponding draft resolutions.
• On page 12 of the Staff report, first sentence under "Background", it states that the City
obtained HCD certification for the Housing Element on September 12, 2022. This is
incorrect. This is the date of the letter that HCD verified the Housing Element complied
with State Housing Law. HCD did not certify the Housing Element until after it was
adopted by the City Council. Certification occurred on October 10, 2022.
• On page 19, under the listed General Plan application, redline changes to the General
Plan are listed as being Exhibit 7B. Staff had reordered the exhibits. This reference
should be Exhibit 12B.
• PC Resolution No. 4497, which is provided as Exhibit 12 to the Staff report, recommends
that the City Council adopt Ordinance 1548, approving the proposed General Plan
Amendment. This should be Resolution No. 24-79.
• Staff is recommending development standards for the Housing Overlay District be
adopted for the Enderle Center. These standards are shown as Table 3 and Table 4 in
the staff report. The development standards are also reflected in Exhibit B of Draft City
Council Ordinance No. 1500 as Table 1 and Table 2. The following revisions to these
tables are requested by staff:
o The minimum "Lot Width" width is intended to be 35 lineal feet, not square feet.
o The minimum "Building Height"for a Mixed Use building is intended to be "None",
not 2 stories.
o Revise the minimum "Common Open Space"from 300 square feet to 200 square
feet, to be consistent with the Red Hill Avenue Specific Plan and the Downtown
Commercial Core Specific Plan.
Docusign Envelope ID:49513916F-31D1 F-4F83-8196-CAODOFC24491
Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 18
PUBLIC PARTICIPATION:
During the Planning Commission hearing held on September 24, 2024, approximately 86
participants were in attendance in person with 43 participants joining via Zoom.
A summary of the topical items covered during this meeting is summarized below by project
sub-area:
Enderle Center:
• Opposition to rezone/construction of housing, housing affordability, parking, traffic
and congestion, pedestrian safety, existing businesses, crime/policing, property
values, quality of life, housing product types, state regulations.
Market Place:
• No site-specific comments were provided.
Tustin Legacy:
• Infrastructure timing/prioritization, unit capacity, density, Safe Routes to School,
traffic, crime, hangar updates.
Since this date, one additional written comment was provided to the City and has been
included as Attachment 13C.
CONCLUSION:
The City's adopted Housing Element was prepared in compliance with State housing law
and has been certified by the California Department of Housing and Community
Development. The adopted Housing Element identifies the City's shortfall of housing
sites and establishes a program to ensure the City rezones properties to remain in
compliance with State mandates. The proposed Housing Element Rezone Project
implements the adopted Housing Element and must be adopted by the Housing Element
rezoning deadline.
Although the rezoning project is anticipated to have unavoidable adverse environmental
effects related to air quality and GHG emissions, for the reasons described in Exhibits
3C, 6C, and 10C, the benefits of the proposed Housing Element Rezone Project outweigh
effects, and consequently, the adverse environmental effects are considered "acceptable"
in accordance with Section 15093 (c) of the State CEQA Guidelines.
Accordingly, staff is recommending that the Planning Commission recommend that the
City Council approve the Findings and Statement of Overriding Considerations for each
respective environmental impact report, and the proposed project as described herein.
Docusign Envelope ID:49513916F-31D1 F-4F83-8196-CAODOFC24491
Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 19
Prepared by:
Signed by:
844FB797FD42488...
Samantha Beier, Senior Planner
Approved by:
Signed by:
0
C3F97677838E410...
Jay Eastman, Assistant Director - Planning
Signed by:
ED45DA2623854A5...
Justina L. Willkom, Director
Attachments:
*Materials denoted with an "* "are available via the links provided due to their size.
1. Housing Element Rezone Project Map
Tustin Legacy (Housing Element Sites 1A, 1 B, 2)
2. Location / Radius Map
3. Resolution No. 4494 — Final Supplemental Environmental Impact Report (EIR)
• Exhibit 3A — Final Supplemental EIR*
https://www.tustinca.org/DocumentCenter/View/l 5577/Exhibit-3A---Final-
SEIR-Tustin-Legacv---HE-Sites-1A-1 B-2
o E rrata
o Response to Comments
o Mitigation Monitoring and Reporting Program
• Exhibit 3B - Draft Supplemental EIR*
https://www.tustinca.org/DocumentCenter/View/l 5579/Exhibit-3B---Draft-
SEIR-Tustin-Legacv---HE-Sites-1A-1 B-2-combined-reduced
o Notice of Preparation, Scoping Comments, And Initial Study
o Air Quality, Energy, And Greenhouse Gas Report
o Noise and Vibration Impact Analysis
o Vehicle Miles Traveled Analysis
o Water Supply Assessment
Docusign Envelope ID:495B916F-3D1 F-4F83-8196-CAODOFC24491
Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 20
• Exhibit 3C — Findings and Statement of Overriding Considerations*
https://www.tustinca.org/DocumentCenter/View/l 5580/Exhibit-
3C Find ings-of-Fact-SOC-combined-reduced
4. Resolution No. 4495 — Specific Plan Amendment (SPA) 2024-0002
• Exhibit 4A — Draft Ordinance No. 1547
• Exhibit 4B — Specific Plan Amendment — Tustin Legacy with Redlined
Changes*
https://www.tustinca.org/DocumentCenter/View/l 5581/Exhibit-4B---
Specific-Plan-Amendment---Tustin-Legacy-with-Redlined-Changes
Enderle Center (Housing Element Site 17)
5. Location / Radius Map
6. Resolution No. 4496 — Final Environmental Impact Report (EIR)
• Exhibit 6A — Final EIR*
https://www.tustinca.org/DocumentCenter/View/l 5582/Exhibit-6A---Final-
E I R-E nderle-Center---HE-Site-1 7
o E rrata
o Response to Comments
o Mitigation Monitoring and Reporting Program
• Exhibit 6B - Draft EIR*
https://www.tustinca.org/DocumentCenter/View/l 5583/Exhibit-6B---Draft-
E I R-E nderle-Center---HE-Site-1 7-combined-reduced
o Notice of Preparation, Scoping Comments, And Initial Study
o Air Quality, Energy, And Greenhouse Gas Report
o Noise and Vibration Impact Analysis
o Vehicle Miles Traveled Analysis
o Archaeological Resources Records Search
o Water Supply Assessment
• Exhibit 6C — Findings and Statement of Overriding Considerations*
https://www.tustinca.org/DocumentCenter/View/l 5585/Exhibit-6C---
Findings-SOC-Enderle-Center---HE-Site-17-reduced-combined
7. Resolution No. 4498 — CA 2024-0003
• Exhibit 7A — Draft Ordinance No. 1549
• Exhibit 7B — Chapter 2 of Article 9 of the TCC with redlined changes
8. Resolution No. 4499 —Zone Change (ZC) 2024-0001
• Exhibit 8A — Draft Ordinance No. 1550
o Existing and Proposed Zoning - Exhibit A of Ordinance 1550 (8A)
o Development Standards - Exhibit B of Ordinance 1550 (8A)
Market Place (Housing Element Site 18)
9. Location / Radius Map
10. Resolution No. 4500 — Final Environmental Impact Report (EIR)
• Exhibit 10A — Final EIR*
https://www.tustinca.org/DocumentCenter/View/l 5586/Exhibit-10A---
Final-E I R-Market-P lace---HE-Site-1 8
Docusign Envelope ID:495B916F-3D1 F-4F83-8196-CAODOFC24491
Planning Commission Agenda Report
Housing Element Rezone Project
October 8, 2024
Page 21
o E rrata
o Response to Comments
o Mitigation Monitoring and Reporting Program
• Exhibit 10B — Draft EIR*
https://www.tustinca.org/DocumentCenter/View/l 5590/Exhibit-10B---
D raft-E I R-Market-P lace---HE-Site-18-reduced-combined
o Notice of Preparation, Scoping Comments, And Initial Study
o Air Quality, Energy, And Greenhouse Gas Report
o Noise and Vibration Impact Analysis
o Vehicle Miles Traveled Analysis
o Archaeological Resources Records Search
o Water Supply Assessment
• Exhibit 10C - Findings and Statement of Overriding Considerations*
https://www.tustinca.org/DocumentCenter/View/l 5591/Exhibit-10C---
Findings-SOC-Market-Place---HE-Site-18-reduced-combined
11 . Resolution No. 4501 — Specific Plan Amendment (SPA) 2024-0001
• Exhibit 11A — Draft Ordinance No. 1551
• Exhibit 11 B — Specific Plan Amendment - East Tustin with Redlined
Changes*
https://www.tustinca.org/DocumentCenter/View/l 5587/Exhibit-11 B---
Specific-Plan-Amendment---East-Tustin-with-Redlined-Changes
General Plan Amendment (Enderle Center & Market Place Consistency)
12. Resolution No. 4497 — General Plan Amendment (GPA) 2024-0001
• Exhibit 12A — Draft City Council Resolution No. 24-79
• Exhibit 12B — Text Amendment
General
13. Public Comments and Related Feedback
• Exhibit 13A — Petition Regarding Enderle Center
• Exhibit 13B — Public Input from Vicki Tran
• Exhibit 13C — Public Input from Margaret Erel
Additional Resources at: https://www.tustinca.org/l211/Housing-Element-Update
Where can I watch informational videos to understand the purpose of the Housing
Element?
"Housing for All" informational videos are provided below:
• What is RHNA? (Part 1) English I Spanish
• Players and Their Roles in Meeting RHNA's Objectives (Part 2) English I Spanish
• The Housing Element (Part 3) English I Spanish
ATTACHMENT 1
HOUSING ELEMENT REZONE PROJECT MAP
Attachment 1
Housing Element Rezone Project Map
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Site 17 — Enderle Center
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Site 1A, 1 B, 2 —Tustin Legacy
Site 18 —The Market Place
Legend
Housing Element
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ATTACHMENT 2
LOCATION / RADIUS MAP
Attachment 2
Location/ Radius Map
Tustin Legacy
Housing Element Sites 1A, 1 B and 2
Legend
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Q Buffer-500 ft
Q Buffer-300 ft
0 Tustin Legacy
Tustin City Boundary
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ATTACHMENT 3
RESOLUTION NO. 4494
FINAL SUPPLEMENTAL EIR
• EXHIBIT 3A: FINAL SUPPLEMENTAL EIR
• EXHIBIT 313: DRAFT SUPPLEMENTAL EIR
• EXHIBIT 3C: FINDINGS & STATEMENT OF
OVERRIDING CONSIDERATIONS
RESOLUTION NO. 4494
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA RECOMMENDING
THAT THE CITY COUNCIL CERTIFY SUPPLEMENTAL #3
TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/
ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL
AND REUSE OF MCAS TUSTIN ("FEIS/EIR") AND ADOPT
ENVIRONMENTAL FINDINGS, A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND ERRATA FOR
SPECIFIC PLAN AMENDMENT 2024-0002 TO IMPLEMENT
THE HOUSING IMPLEMENTATION PROGRAM OF THE
6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE
GENERAL PLAN — HOUSING ELEMENT SITES 1A, 113,
AND 2 (TUSTIN LEGACY).
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That the City's 2021-2029 6th Cycle Housing Element of the General
Plan (Housing Element) was certified by the California Department
of Housing and Community Development in October 2022. The
Housing Element contains the goals and policies the City intends to
implement to address several housing-related issues.
B. That the Housing Element sets forth a Housing Implementation
Program that provides for specific actions the City intends to
undertake to achieve the goals and policies of the Housing Element.
C. That pursuant to Housing Element Program 1 .1(a) and 1 .1(b), the
City is proposing to allow for additional high density residential
development on three sites in the Tustin Legacy Specific Plan
(TLSP), Housing Element Sites 1A, 1 B, and 2 (Modified Project site),
with a minimum density of 20 units per acre (du/acre) on the selected
sites with no maximum density prescribed. Amendment to the TLSP
would to be consistent with existing State housing law, including the
provision for State density bonus.
D. That pursuant to Housing Element Program 1.1(g), Specific Plan
Amendment 2024-0002 was initiated by the City to amend the Tustin
Legacy Specific Plan (TLSP; SP-1) to allow residential use by right
for housing developments in which at least 20 percent of the units
are affordable to lower income households pursuant to Government
Code Section 65583.2 provisions. Amendment to the TLSP would to
be consistent with State housing law.
E. That upon approval of the Modified Project, the proposed "upzoning,"
or "cap" increase, would add 855 residential units to the existing
residential capacity of the Modified Project site (Neighborhoods D
North, D South and G). The capacity increase would also include
1,356 buffer units that were assigned in the City's Housing Element
and are intended to make up for any potential units that are not
developed as assumed under the Housing Element on other housing
sites. Thus, a total of 2,211 units have been added to the existing
residential cap of the TLSP within Neighborhoods D North, D South
and G.
F. That the provision for State density bonus is applicable to the TLSP
area. Therefore, an additional 2,759 units have been conservatively
included in this analysis to anticipate the potential application of
density bonuses in future residential development projects.
G. That the City proposes the following actions (Modified Project):
• SPA 2024-0002 — A request for a Specific Plan Amendment
(SPA) to amend Neighborhood D South, D North, and G to
increase the allowed residential capacity, to be consistent with
the certified Housing Element.
H. That on January 16, 2001, the City of Tustin certified the program
Final Environmental Impact Statement/Environmental Impact Report
(FEIS/EIR) for the reuse and disposal of MCAS Tustin. On
December 6, 2004, the City Council adopted Resolution No. 04-76
approving a Supplement #1 to the FEIS/EIR for the extension of
Tustin Ranch Road between Walnut Avenue and the future
alignment of Valencia north loop road. On April 3, 2006, the City
Council adopted Resolution No. 06-43 approving an Addendum to
the FEIS/EIR and, on May 13, 2013, the City Council adopted
Resolution No. 13-32 approving a second Addendum to the
FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No.
17-23 approving a Supplement #2 to the FEIS/EIR to facilitate the
development, conveyance, and implementation of the Tustin Legacy
New Vision Concept. The FEIS/EIR, along with its Addenda and
Supplement, is a program EIR under the California Environmental
Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement
considered the potential environmental impacts associated with
development on the former Marine Corps Air Station (MCAS), Tustin.
I. That the City determined that a Supplemental EIR pursuant to CEQA
Guidelines Sections 15162 and 15163 is required for the Modified
Project, circulated a Notice of Preparation (NOP) and held an EIR
scoping meeting on March 20, 2024, to determine the scope of the
environmental issues to be addressed in the Draft Supplemental
Environmental Impact Report #3 (DSEIR). Comments received
during the 30-day public review period, from March 5, 2024, to April
3, 2024, are included in the DSEIR as Appendix A of the DSEIR.
J. That the DSEIR for SPA-2024-0002 analyzed impacts to ten
environmental topical areas: air quality, energy, greenhouse gas
emissions, land use and planning, noise, population and housing,
public services, transportation, tribal cultural resources, and utilities
and service systems.
K. That on June 27, 2024, the City issued a Notice of
Availability/Completion of the DSEIR and provided the public with 45
days review period beginning on June 28, 2024, and ending on
August 12, 2024.
L. On September 13, 2024, Final Supplemental Environmental Impact
Report#3 (FSEIR)was released for public review and comment. The
Final SEIR provides the required written responses to each comment
received on the DSEIR pursuant to CEQA. On September 13, 2024,
the responses to comments were distributed to those persons or
agencies that commented on the DSEIR.
M. That the program FEIS/EIR for MCAS Tustin along with its
Supplemental and Addenda are incorporated herein by reference.
N. In accordance with Section 15132 of the State CEQA Guidelines,
FSEIR consists of the following which are incorporated herein by
reference:
1 . The Draft Supplemental Environmental Impact Report (DSEIR)
or a revision of the Draft;
2. Comments and recommendations received on the DSEIR;
3. A list of persons, organizations, and public agencies comments
on the DSEIR;
4. The responses to significant environmental points raised in the
review and consultation process.
O. That the Planning Commission has considered the FSEIR, prior to
making recommendation to the City Council on SPA-2024-0002.
P. That SPA-2024-0002 constitutes a "project" that is subject to the
terms of the California Environmental Quality Act ("CEQA") (Pub.
Resources Code §21000 et. seq.).
Q. That on June 27, 2024, the City initiated the 45-day public review period
Resolution No. 4494
SPA 2024-0002
Page 2
on the Draft SEIR by filing a Notice of Availability with the State Office
of Planning and Research, publishing the Notice in the Tustin News, and
releasing the Draft SEIR (State Clearinghouse [SCH] No. 1994071005)
for public review and comment.
R. That pursuant to State CEQA Guidelines, Section 15086, the City
consulted with and requested comments from all responsible and
trustee agencies, other regulatory agencies, and other interested parties
during the 45-day comment period, which spanned from June 28, 2024
to August 12, 2024.
S. That during the public review period, copies of the Draft SEIR were
provided online on the City's website, were available for public review in
printed form at City Hall and the Tustin Library.
T. That the City received seven (7) written comments on the Draft SEIR
during the public review period for the Draft EIR.
U. That following the close of the public comment period and after review
of the comments received on the Draft SEIR, the City prepared a Final
SEIR, consisting of comments received on the Draft SEIR, written
responses to those comments, and revisions and errata to the Draft
SEIR. For purposes of this Resolution, the SEIR shall refer to the Draft
SEIR, including all technical studies and appendices to the Draft SEIR,
as revised by the Final SEIR's errata section, together with the other
sections of the Final SEIR, including all the technical studies and
appendices to the Final SEIR, and the Errata to the Final SEIR. The
Draft SEIR, the Final SEIR, and all technical studies and appendices to
the Final SEIR are hereby incorporated herein by reference to this
Resolution and are on file with the City Clerk. The Errata to the Final
SEIR, which is attached hereto as Exhibit 3A and incorporated herein,
reflects changes made to mitigation measures and text within the SEIR
sections.
V. That the Findings of Fact and Statement of Overriding Considerations,
attached hereto as Exhibit 3C, and incorporated herein, set forth the
environmental impacts identified in the Final SEIR that the City finds are
less than significant and do not require mitigation, the environmental
impacts identified in the Final SEIR as potentially significant but which
the City finds can be mitigated to a less than significant level through the
implementation of all feasible mitigation measures, the environmental
impacts identified in the Final SEIR as potentially significant but which
the City finds cannot be fully mitigated to a less than significant level
despite the imposition of all feasible mitigation measures, the cumulative
environmental impacts resulting from the Modified Project, the
significant and irreversible environmental changes that would result from
the Modified Project, but which would be mitigated, the existence of any
Resolution No. 4494
SPA 2024-0002
Page 3
growth-inducing impacts resulting from the Modified Project identified in
the Final SEIR, and a statement supporting the Modified Project
notwithstanding the potentially significant environmental impacts which
could not feasibly be mitigated.
W. That alternatives to the Modified Project that might eliminate or reduce
significant environmental impacts are described in Exhibit 3C, Finding of
Fact and Statement of Overriding Considerations, pursuant to CEQA,
attached hereto and incorporated herein by this reference.
X. That the City has endeavored in good faith to set forth the basis for its
decision on the Modified Project in the Findings of Fact as well as to explain
why the benefits of the Modified Project outweigh the environmental impacts
the SEIR determines are significant and unavoidable.
Y. That all of the requirements of CEQA and the State CEQA Guidelines have
been satisfied by the City of Tustin in the SEIR, which is sufficiently detailed
so that all of the potentially significant environmental effects of the Modified
Project have been adequately evaluated.
Z. That the SEIR prepared in connection with the Modified Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Modified Project's potential environmental impacts
and a range of feasible alternatives capable of eliminating or reducing these
effects in accordance with CEQA and the State CEQA Guidelines.
AA. That a public hearing was duly called, noticed, and held on said application
on September 24, 2024, by the Planning Commission. At that time, the
Planning Commission continued the public hearing to October 8, 2024.
BB. That a public hearing was duly called, noticed, and held on said application
on October 8, 2024, by the Planning Commission.
CC. That on October 8, 2024, the Planning Commission was presented with,
reviewed, and considered all the information and data in the administrative
record, including the Final SEIR, and all oral and written evidence presented
to it during all meetings and hearings, all of which are incorporated herein
by reference.
DD. That the City has not received any comments or additional information that
produced substantial new information requiring recirculation or additional
environmental review under Public Resources Code Sections 21166 and
21092.1 or State CEQA Guidelines Section 15088.5.
EE. That all other legal prerequisites to the adoption of the Resolution have
occurred.
Resolution No. 4494
SPA 2024-0002
Page 4
11. The Modified Project would have significant and unavoidable impacts related to
the following environmental issue areas: air quality and greenhouse gas
emissions.
111. Findings of Fact and Statement of Overriding Considerations. In accordance with
State CEQA Guidelines Sections 15091 , 15092, and 15093, the Planning
Commission recommends the Tustin City Council adopt the CEQA Findings of
Fact and the Statement of Overriding Considerations pursuant to CEQA,
attached hereto as Exhibit 3C, and incorporated herein by reference as is fully
set forth herein.
IV. Certification of Final SEIR. In accordance with State CEQA Guidelines Section
15090, the Planning Commission recommends the Tustin City Council certify
that:
• The Final SEIR is an accurate and objective statement that has been
completed in compliance with CEQA and the State CEQA Guidelines, and
that together with the errata, attached hereto as Exhibit 3A and incorporated
herein by reference as is fully set forth herein, includes all the environmental
impacts of the Modified Project and mitigation measures;
• The Planning Commission and City Council have been presented with and
have reviewed and considered the information contained in the SEIR, prior
to the Tustin City Council approving the Modified Project; and
• The EIR reflects the City Council's independent judgment and analysis.
V. Recirculation Not Required. The Planning Commission recommends that the
Tustin City Council declare that the City has not received evidence of new
significant impacts, as defined by the State CEQA Guidelines, Section 15088.5,
after circulation of the Draft SEIR that would require recirculation, which is further
set forth in the Findings (Exhibit 3C), nor have any of the conditions requiring a
subsequent or supplemental EIR listed in Public Resources Code Section 21166
occurred.
VI. Notice of Determination. The Planning Commission recommends that the Tustin
City Council direct staff to file a Notice of Determination with the Orange County
Clerk Recorder within five (5) working days of final approval of the Modified
Project.
VI1. If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this Resolution is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, then such decision shall not affect
the validity of the remaining portions of this Resolution. The Planning
Commission of the City of Tustin hereby declares that the Planning Commission
would have adopted this Resolution, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone
Resolution No. 4494
SPA 2024-0002
Page 5
or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared unconstitutional, invalid, or ineffective.
NOW, THEREFORE, based on the above findings, the Planning Commission of the City of
Tustin does hereby recommend City Council certification of the Final SEIR and adoption of
the Findings of Fact, Statement of Overriding Considerations, and Errata for SPA 2024-
0002.
ERIC HIGUCHI
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4494 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 8th day of October
2024.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT 3A
FINAL SUPPLEMENTAL EIR
https://www.tustinca.org/DocumentCenter/View/15577/Exhibit-3A---
Final-SEIR-Tustin-Legacy---HE-Sites-lA-1B-2
EXHIBIT 3B
DRAFT SUPPLEMENTAL EIR
https://www.tustinca.org/DocumentCenterNiew/15579/Exhibi
t-3B---Draft-SEIR-Tustin-Legacy---HE-Sites-lA-1B-2-
combined-reduced
EXHIBIT 3C
FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS
https://www.tustinca.org/DocumentCenterNiew/15580/Exhibi
t-3C_Findings-of-Fact-SOC-combined-reduced
ATTACHMENT 4
RESOLUTION NO. 4495
SPECIFIC PLAN AMENDMENT (SPA) 2024-0002
• EXHIBIT 4A - DRAFT ORDINANCE NO. 1547
• EXHIBIT 4B - SPA - TUSTIN LEGACY WITH REDLINED
CHANGES
RESOLUTION NO. 4495
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE SPECIFIC PLAN
AMENDMENT (SPA) 2024-0002 TO AMEND THE TUSTIN
LEGACY SPECIFIC PLAN (TLSP; SP-1) TO INCREASE
RESIDENTIAL CAPACITY WITHIN NEIGHBORHOODS D
NORTH, D SOUTH, AND G, CONSISTENT WITH THE
CERTIFIED HOUSING ELEMENT, TO IMPLEMENT THE
HOUSING IMPLEMENTATION PROGRAM OF THE 6TH
CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL
PLAN — HOUSING ELEMENT SITES 1A, 1 B, AND 2.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That the City's 2021-2029 6th Cycle Housing Element of the General Plan
(Housing Element) was certified by the California Department of Housing
and Community Development in October 2022. The Housing Element
contains the goals and policies the City intends to implement to address
several housing-related issues.
B. That the Housing Element sets forth a Housing Implementation Program
that provides for specific actions the City intends to undertake to achieve
the goals and policies of the Housing Element.
C. That pursuant to Housing Element Program 1 .1 (a) and 1 .1(b), a Specific
Plan Amendment 2024-0002 was initiated by the City to amend the Tustin
Legacy Specific Plan (TLSP; SP-1) to allow for additional high density
residential development on three sites in the Tustin Legacy Specific Plan
(TLSP), Housing Element Sites 1A, 1B, and 2, with a minimum density of
20 units per acre (du/acre) on the selected sites. Amendment to the TLSP
would to be consistent with existing State housing law, including the
provision for State density bonus.
D. That pursuant to Housing Element Program 1 .1(g), Specific Plan
Amendment 2024-0002 was initiated by the City to amend the Tustin
Legacy Specific Plan (TLSP; SP-1) to allow residential use by right for
housing developments in which at least 20 percent of the units are
affordable to lower income households pursuant to Government Code
Section 65583.2 provisions. Amendment to the TLSP would to be consistent
with State housing law.
Resolution No. 4495
Page 2
E. That upon approval of the project, the proposed "upzoning," or "cap"
increase, would add 855 residential units to the existing residential capacity
of the Modified Project site (Neighborhoods D North, D South, and G). The
capacity increase would also include 1 ,356 buffer units that were assigned
in the City's Housing Element and are intended to make up for any potential
units that are not developed as assumed under the Housing Element on
other housing sites. Thus, a total of 2,211 units have been added to the
existing residential cap of the TLSP.
F. That the provision for State density bonus is applicable to the TLSP area.
Therefore, an additional 2,759 units have been conservatively included in
this analysis to anticipate the potential application of density bonuses in
future residential development projects.
G. That SPA-2024-0002 (Ordinance No. 1547) complies with the Tustin
General Plan in that they comply with the following goals and policies:
1 . Land Use 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. Policy 1 .7: As part of the City's attraction to business and industry,
provide adequate sites to house future employees.
3. Policy 1 .10: Ensure that the distribution and intensity of land uses are
consistent with the Land Use Plan and classification system.
4. Land Use Goal 2: Ensure that future land use decisions are the result
of sound and comprehensive planning.
5. Policy 2.2: Maintain consistency between the Land Use Element,
Zoning Ordinances, and other City ordinances, regulations and
standards.
H. That on January 16, 2001 , the City of Tustin certified the program Final
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR)
for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City
Council adopted Resolution No. 04-76 approving a Supplement #1 to the
FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue
and the future alignment of Valencia north loop road. On April 3, 2006, the
City Council adopted Resolution No. 06-43 approving an Addendum to the
FEIS/EIR and, on May 13, 2013, the City Council adopted Resolution No.
13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017,
the City Council adopted Resolution No. 17-23 approving a Supplement #2
to the FEIS/EIR to facilitate the development, conveyance, and
implementation of the Tustin Legacy New Vision Concept. The FEIS/EIR,
along with its Addenda and Supplement, is a program EIR under the
California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and
Supplement considered the potential environmental impacts associated
Resolution No. 4495
Page 3
with development on the former Marine Corps Air Station (MCAS), Tustin.
A Final Supplemental #3 EIR (FSEIR) for SPA 2024-02 has been
completed.
I. That the proposed SPA 2024-0002 is consistent with the General Plan
Housing Element Goal 1 , in that, SPA 2024-0002 would facilitate the provision
of 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 and
supports State Housing Law as implemented by the Regional Housing Needs
Assessment (RHNA). The Modified Project provides for 2,211 dwelling units.
J. That a public hearing was duly called, noticed, and held on said application
on September 24, 2024, by the Planning Commission. At that time, the
Planning Commission continued the public hearing to October 8, 2024.
K. That a public hearing was duly called, noticed, and held on said application
on October 8, 2024, by the Planning Commission.
L. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that a Supplemental Environmental Impact Report (SEIR) should
be prepared to analyze all potential adverse environmental impacts of the
Modified Project.
M. That all of the requirements of CEQA and the State CEQA Guidelines have
been satisfied by the City of Tustin in the SEIR, which is sufficiently detailed
so that all of the potentially significant environmental effects of the Modified
Project have been adequately evaluated.
N. That the SEIR prepared in connection with the Modified Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the proposed project's potential environmental impacts
and a range of feasible alternatives capable of eliminating or reducing these
effects in accordance with CEQA and the State CEQA Guidelines.
O. That the Planning Commission has considered the SEIR along with its MMRP
in its recommendation that the City Council approve SPA 2024-0002.
II. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1482 approving Specific Plan Amendment 2024-02 attached hereto
as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 8t" day of October 2024.
Resolution No. 4495
Page 4
ERIC HIGUCHI
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4495 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 8t" day of October
2024.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
Exhibit A - Draft Ordinance 1547
EXHIBIT 4A
DRAFT ORDINANCE NO. 1547
ORDINANCE NO. 1547
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT
(SPA) 2024-0002 TO INCREASE RESIDENTIAL CAPACITY
WITHIN NEIGHBORHOODS D AND G OF THE TUSTIN
LEGACY SPECIFIC PLAN TO IMPLEMENT THE HOUSING
IMPLEMENTATION PROGRAM OF THE 6T" CYCLE 2021-
2029 HOUSING ELEMENT OF THE GENERAL PLAN —
HOUSING ELEMENT SITES 1A, 1B, AND 2.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. That the City's 2021-2029 6th Cycle Housing Element of the General Plan
(Housing Element) was certified by the California Department of Housing
and Community Development in October 2022. The Housing Element
contains the goals and policies the City intends to implement to address
several housing-related issues.
B. That pursuant to Housing Element Program 1.1 a, the City is proposing to
allow for additional high density residential development on three sites in
the Tustin Legacy Specific Plan (TLSP), Housing Element Sites 1A, 1 B,
and 2, with a minimum density of 20 units per acre (du/acre) on the
selected sites. Amendment to the TLSP would to be consistent with
existing State housing law, including the provision for State density
bonus.
C. That upon approval of the project, the proposed "upzoning," or "cap"
increase, would add 855 residential units to the existing residential
capacity of the Modified Project site (Neighborhoods D North, D South
and G). The capacity increase would also include 1,356 "buffer units" that
were assigned in the City's Housing Element and are intended to make
up for any potential units that are not developed as assumed under the
Housing Element on other housing sites. Thus, a total of 2,211 units have
been added to the existing residential cap of the TLSP within
Neighborhoods D North, D South and G.
D. That the provision for State density bonus is applicable to the TLSP area.
Therefore, an additional 2,759 units have been conservatively included in
this analysis to anticipate the potential application of density bonuses in
future residential development projects.
E. That SPA-2024-0002 (Ordinance No. 1547) comply with the Tustin
General Plan in that they comply with the following goals and policies:
Ordinance No. 1547
SPA 2024-0002
Page 2
1. Land Use 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. Policy 1 .7: As part of the City's attraction to business and industry,
provide adequate sites to house future employees.
3. Policy 1 .10: Ensure that the distribution and intensity of land uses
are consistent with the Land Use Plan and classification system.
4. Land Use Goal 2: Ensure that future land use decisions are the
result of sound and comprehensive planning.
5. Policy 2.2: Maintain consistency between the Land Use Element,
Zoning Ordinances, and other City ordinances, regulations and
standards.
F. That a public hearing was duly called, noticed, and held on said
application on September 24, 2024, by the Planning Commission. At that
time, the Planning Commission continued the public hearing to October 8,
2024.
G. That a public hearing was duly called, noticed, and held on said
application on October 8, 2024, by the Planning Commission. Following
the public hearing, the Planning Commission adopted Resolution No.
4495 recommending that the Tustin City Council approve SPA 2024-0002
by adopting Ordinance No. 1547.
H. That on _, 2024, a public hearing was duly noticed, called,
and held before the City Council concerning SPA 2024-0002 (Ordinance
No. 1547).
I. That on January 16, 2001 , the City of Tustin certified the program Final
Environmental Impact Statement/Environmental Impact Report
(FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6,
2004, the City Council adopted Resolution No. 04-76 approving a
Supplement #1 to the FEIS/EIR for the extension of Tustin Ranch Road
between Walnut Avenue and the future alignment of Valencia north loop
road. On April 3, 2006, the City Council adopted Resolution No. 06-43
approving an Addendum to the FEIS/EIR and, on May 13, 2013, the City
Council adopted Resolution No. 13-32 approving a second Addendum to
the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No.
17-23 approving a Supplement #2 to the FEIS/EIR to facilitate the
development, conveyance, and implementation of the Tustin Legacy New
Vision Concept. The FEIS/EIR, along with its Addenda and Supplement,
Ordinance No. 1547
SPA 2024-0002
Page 3
is a program EIR under the California Environmental Quality Act (CEQA).
The FEIS/EIR, Addenda and Supplement considered the potential
environmental impacts associated with development on the former
Marine Corps Air Station (MCAS), Tustin.
J. A Final Supplemental #3 EIR (FSEIR) for SPA 2024-0002 has been
completed. That pursuant to the California Environmental Quality Act
(CEQA) (Public Resources Code Section 21000 et seq.), the City of
Tustin, as lead agency, determined that a Supplemental Environmental
Impact Report (SEIR) should be prepared to analyze all potential adverse
environmental impacts of the Modified Project.
K. That all of the requirements of CEQA and the State CEQA Guidelines
have been satisfied by the City of Tustin in the SEIR, which is sufficiently
detailed so that all of the potentially significant environmental effects of
the Modified Project have been adequately evaluated.
L. That the SEIR prepared in connection with the Modified Project
sufficiently analyzes both the feasible mitigation measures necessary to
avoid or substantially lessen the proposed project's potential
environmental impacts and a range of feasible alternatives capable of
eliminating or reducing these effects in accordance with CEQA and the
State CEQA Guidelines.
SECTION 2. The MCAS Tustin Specific Plan is hereby amended to read as provided
for in Exhibit A.
SECTION 3. Severability
If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City
Council of the City of Tustin hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase,
or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this _t" day of , 2024.
AUSTIN LUMBARD, MAYOR
Ordinance No. 1547
SPA 2024-0002
Page 4
ATTEST:
ERICA N. YASUDA, CITY CLERK
Exhibit A - Specific Plan Amendment — Tustin Legacy
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1547
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Ordinance No.
1547 was duly passed, and adopted at a regular meeting of the Tustin City Council
held on the _t" day of , 2024, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Yasuda, City Clerk
Published:
EXHIBIT 4B
SPA - TUSTIN LEGACY WITH REDLINED CHANGES
https://www.tustinca.org/DocumentCenter/View/15581/
Exhibit-4B---Specific-Plan-Amendment---Tustin-Legacy-
with-Redlined-Changes
ATTACHMENT 5
LOCATION / RADIUS MAP
Attachment 5
Location/ Radius Map
Enderle Center
Housing Element Site 17
Legend
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Buffer-1000 ft
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ATTACHMENT 6
RESOLUTION NO. 4496
FINAL ENVIRONMENTAL IMPACT REPORT (EIR
• EXHIBIT 6A - FINAL EIR
• EXHIBIT 6B - DRAFT EIR
• EXHIBIT 6C - FINDINGS & STATEMENT OF OVERRIDING
CONSIDERATIONS
RESOLUTION NO. 4496
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL
CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT AND
ADOPT ENVIRONMENTAL FINDINGS, A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND ERRATA FOR GENERAL
PLAN AMENDMENT 2024-0001 , ZONE CHANGE 2024-0001 , AND
CODE AMENDMENT 2024-0003 (HOUSING ELEMENT SITE 17 —
ENDERLE CENTER)
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 City's 2021-2029 6th Cycle Housing Element of the General Plan
(Housing Element) was certified by the California Department of Housing and
Community Development in October 2022. The Housing Element contains the
goals and policies the City intends to implement to address several housing-
related issues.
B. That pursuant to Housing Element Program 1.1(b) and 1.1(f), the City is
proposing an overlay zone ("overlay district") for the Enderle Center, Housing
Element Site 17 ("Project Site"). Residential uses are currently not allowed on
the Project Site. Upon approval of the Proposed Project, the Project Site could
accommodate 413 units over approximately 7 acres of developable land
within the existing 11.8-acre site. The anticipated development over 7 acres
may take place on underutilized asphalt parking lot areas, and not require
demolition of any existing buildings. Parking displaced as a result of
redevelopment would be accommodated by vertical parking structures
located within the proposed development.
C. That pursuant to Housing Element Program 1.1(g), General Plan Amendment
2024-0001, Code Amendment 2024-0003, and Zone Change 2024-0002
were initiated by the City to allow residential use by right for housing
developments in which at least 20 percent of the units are affordable to lower
income households pursuant to Government Code Section 65583.2
provisions and would to be consistent with State housing law.
D. That the City proposes the following actions ("Proposed Project"):
• GPA 2024-0001 — A request for a General Plan Amendment (GPA)
to establish that higher density residential uses are allowed in the
Planned Community Commercial/Business (PCCB) land use
designation when prescribed by a Housing Overlay (HO) or a
Specific Plan (SP);
Resolution No. 4496
Page 2
• CA 2024-0003 — A request to establish a Housing Overlay (HO)
District (overlay zone) in conjunction with the Planned Community
Commercial District (base zone); and
• ZA 2024-0001 — A request to amend the City's zoning map to apply
the Housing Overlay (HO) District to the Project Site.
E. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that an Environmental Impact Report (EIR) should be prepared to
analyze all potential adverse environmental impacts of the Project and
corresponding General Plan Amendment, Code Amendment, and zone
change, which together are referred to as the "Proposed Project."
F. That the City sent a Notice of Preparation (NOP) of a Draft EIR to the Office
of Planning and Research, responsible and trustee agencies, and other
interested parties on or about February 15, 2024; and
G. That the NOP was circulated for 30 days pursuant to State CEQA Guidelines
sections 15082 and 15083, until March 20, 2024, to invite comments from
responsible and trustee agencies, the public, and other interested parties
regarding the scope of the EIR.
H. That the City received written comments in response to the NOP, which
assisted the City in the scope and analysis for the Draft EIR, and also held a
series of public meetings and workshops regarding the scope of the Proposed
Project.
I. That the City received four (4) comments from interested parties and
responsible and trustee agencies in response to the NOP.
J. That on June 6, 2024, the City initiated the 45-day public review period on the
Draft EIR by filing a Notice of Availability with the State Office of Planning and
Research, publishing the Notice in the Tustin News, and releasing the Draft
EIR (State Clearinghouse [SCH] No. 2024020747) for public review and
comment.
K. That pursuant to State CEQA Guidelines, Section 15086, the City consulted
with and requested comments from all responsible and trustee agencies, other
regulatory agencies, and other interested parties during the 45-day comment
period, which ran from June 6, 2024 to July 22, 2024.
L. That during the public review period, copies of the Draft EIR were provided
online on the City's website, were available for public review in printed form at
City Hall and the Tustin Library.
M. That the City received written comments on the Draft EIR during the public
review period for the Draft EIR.
Resolution No. 4496
Page 3
N. That following the close of the public comment period and after review of the
comments received on the Draft EIR, the City prepared a Final EIR,
consisting of comments received on the Draft EIR, written responses to those
comments, and revisions and errata to the Draft EIR. For purposes of this
Resolution, the EIR shall refer to the Draft EIR, including all technical studies
and appendices to the Draft EIR, as revised by the Final EIR's errata section,
together with the other sections of the Final EIR, including all the technical
studies and appendices to the Final EIR, and the Errata to the Final EIR. The
Draft EIR, the Final EIR, and all technical studies and appendices to the Final
EIR are hereby incorporated herein by reference to this Resolution and are
on file with the City Clerk. The Errata to the Final EIR, which is attached
hereto as Exhibit 6C of Attachment 6 and incorporated herein, reflects
changes made to mitigation measures and text within the EIR sections.
O. That the Findings of Fact and Statement of Overriding Considerations,
attached hereto as Exhibit 6C of Attachment 6, and incorporated herein, set
forth the environmental impacts identified in the Final EIR that the City finds
are less than significant and do not require mitigation, the environmental
impacts identified in the Final EIR as potentially significant but which the City
finds can be mitigated to a less than significant level through the
implementation of all feasible mitigation measures, the environmental
impacts identified in the Final EIR as potentially significant but which the City
finds cannot be fully mitigated to a less than significant level despite the
imposition of all feasible mitigation measures, the cumulative environmental
impacts resulting from the Proposed Project, the significant and irreversible
environmental changes that would result from the Proposed Project, but
which would be mitigated, the existence of any growth-inducing impacts
resulting from the Proposed Project identified in the Final EIR, and a
statement supporting the Proposed Project notwithstanding the potentially
significant environmental impacts which could not feasibly be mitigated.
P. That alternatives to the Proposed Project that might eliminate or reduce
significant environmental impacts are described in Exhibit 6C of Attachment
6, Statement of Overriding Considerations, pursuant to CEQA, attached
hereto and incorporated herein by this reference.
Q. That the City has endeavored in good faith to set forth the basis for its
decision on the Proposed Project in the Findings of Fact as well as to explain
why the benefits of the Proposed Project outweigh the environmental impacts
the EIR determines are significant and unavoidable.
R. That all of the requirements of CEQA and the State CEQA Guidelines have
been satisfied by the City of Tustin in the EIR, which is sufficiently detailed so
that all of the potentially significant environmental effects of the Proposed
Project have been adequately evaluated.
Resolution No. 4496
Page 4
S. That the EIR prepared in connection with the Proposed Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Proposed Project's potential environmental impacts
and a range of feasible alternatives capable of eliminating or reducing these
effects in accordance with CEQA and the State CEQA Guidelines.
T. That on September 13, 2024, the Planning Commission public hearing was
posted at designated City boards and published in the Tustin News.
U. That a public hearing was duly called, noticed, and held on said application
on September 24, 2024, by the Planning Commission. At that time, the
Planning Commission continued the public hearing to October 8, 2024; and
V. That a public hearing was duly called, noticed, and held on said application
on October 8, 2024, by the Planning Commission; and
W. That on October 8, 2024, the Planning Commission was presented with,
reviewed, and considered all the information and data in the administrative
record, including the Final EIR, and all oral and written evidence presented
to it during all meetings and hearings, all of which are incorporated herein by
reference.
X. That the City has not received any comments or additional information that
produced substantial new information requiring recirculation or additional
environmental review under Public Resources Code Sections 21166 and
21092.1 or State CEQA Guidelines Section 15088.5.
Y. That all other legal prerequisites to the adoption of the Resolution have
occurred.
II. The Proposed Project would have significant and unavoidable impacts related
to the following environmental issue areas: air quality and greenhouse gas
emissions.
III. Findings of Fact and Statement of Overriding Considerations. In accordance with
State CEQA Guidelines Sections 15091, 15092, and 15093, the Planning
Commission recommends the Tustin City Council adopt the CEQA Findings of
Fact and the Statement of Overriding Considerations pursuant to CEQA,
attached hereto as Exhibit 6C of Attachment 6, and incorporated herein by
reference as is fully set forth herein.
IV. Certification of Final EIR. In accordance with State CEQA Guidelines Section
15090, the Planning Commission recommends the Tustin City Council certify
that:
• The Final EIR is an accurate and objective statement that has been
completed in compliance with CEQA and the State CEQA Guidelines, and
that together with the errata, attached hereto as Exhibit 6A of Attachment
Resolution No. 4496
Page 5
6 and incorporated herein by reference as is fully set forth herein, includes
all the environmental impacts of the Proposed Project and mitigation
measures;
• The Planning Commission and City Council have been presented with
and have reviewed and considered the information contained in the EIR,
prior to the Tustin City Council approving the Proposed Project; and
• The EIR reflects the City Council's independent judgment and analysis.
V. Recirculation Not Required. The Planning Commission recommends that the
Tustin City Council declare that the City has not received evidence of new
significant impacts, as defined by the State CEQA Guidelines, Section 15088.5,
after circulation of the Draft EIR that would require recirculation, which is further
set forth in the Findings (Exhibit 6C of Attachment 6), nor have any of the
conditions requiring a subsequent or supplemental EIR listed in Public
Resources Code Section 21166 occurred.
VI. Notice of Determination. The Planning Commission recommends that the Tustin
City Council direct staff to file a Notice of Determination with the Orange County
Clerk Recorder within five (5) working days of final approval of the Proposed
Project.
VI I. If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this Resolution is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, then such decision shall not affect
the validity of the remaining portions of this Resolution. The Planning
Commission of the City of Tustin hereby declares that the Planning Commission
would have adopted this Resolution, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone
or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared unconstitutional, invalid, or ineffective.
NOW, THEREFORE, based on the above findings, the Planning Commission of the City of
Tustin does hereby recommend City Council certification of the Final EIR and adoption of
the Findings of Fact, Statement of Overriding Considerations, and Errata for GPA 2024-
0001, CA 2024-0003, ZC 2024-0001 .
ERIC HIGUCHI
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
Resolution No. 4496
Page 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4496 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of
October, 2024.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT 6A
FINAL (EIR)
https://www.tustinca.org/DocumentCenterNiew/15582/
Exhibit-6A---Final-EIR-Enderle-Center---HE-Site-17
EXHIBIT 6B
DRAFT (EIR)
https://www.tustinca.org/DocumentCenterNiew/15583/
Exhibit-6B---Draft-ElR-Enderle-Center---HE-Site-17-
combined-reduced
EXHIBIT 6C
FINDINGS & STATEMENT OF OVERRIDING
CONSIDERATIONS
https://www.tustinca.org/DocumentCenterNiew/15585/
Exhibit-6C---Findings-SOC-Enderle-Center---HE-Site-17-
reduced-combined
ATTACHMENT 7
RESOLUTION NO. 4498
CA 2024-0003
• EXHIBIT 7A - DRAFT ORDINANCE NO. 1549
• EXHIBIT 7B - CHAPTER 2 OF ARTICLE 9 OF THE TCC
WITH REDLINED CHANGES
RESOLUTION NO. 4498
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL ADOPT ORDINANCE NO. 1549, TO ESTABLISH
A HOUSING OVERLAY (HO) DISTRICT (OVERLAY ZONE) IN
CONJUNCTION WITH THE PLANNED COMMUNITY
COMMERCIAL DISTRICT (BASE ZONE) TO IMPLEMENT THE
HOUSING IMPLEMENTATION PROGRAM OF THE 6T" CYCLE
2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN -
(CODE AMENDMENT 2024-0003)
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 City's 2021-2029 6th Cycle Housing Element of the General Plan
(Housing Element) was certified by the California Department of Housing
and Community Development in October 2022. The Housing Element
contains the goals and policies the City intends to implement to address
several housing-related issues.
B. That the Housing Element sets forth a Housing Implementation Program
that provides for specific actions the City intends to undertake to achieve
the goals and policies of the Housing Element.
C. That the proposed amendments (CA 2024-0003) to the Tustin City Code
(TCC) implement Programs 1 .1(b), 1 .1(f), and 1 .1(g) of the Housing
Implementation Program and bring the TCC into compliance with State law.
D. That residential uses are not currently permitted on the project site. The
project site is designated as Planned Community Commercial / Business
(PCCB), which is intended for development of planned retail commercial,
office, and industrial/research and development land uses of an intensity
compatible with neighboring residential land uses. The City identified the
project site as a suitable commercial site for rezoning to allow higher density
housing during the 2021-2019 Housing Element process.
E. That the Proposed Project is in the best interest of the public, in that, it
increases the diversity in available housing for existing and new residents
in the City of Tustin.
Resolution No. 4498
Page 2
F. That CA 2024-0003 establishes a Housing Overlay (HO) district (overlay
zone) in conjunction with the Planned Community Commercial district (base
zone) to implement the Housing Implementation Program of the 6th Cycle
2021-2029 Housing Element of the General Plan.
G. That the proposed CA 2024-0003 is consistent with the General Plan
Housing Element Goal 1 , in that, CA 2024-0003 would facilitate the
provision of 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 and supports State Housing Law as implemented by the Regional
Housing Needs Assessment (RHNA).
H. That a public hearing was duly called, noticed, and held on said application
on September 24, 2024, by the Planning Commission. At that time, the
Planning Commission continued the public hearing to October 8, 2024.
I. That a public hearing was duly called, noticed, and held on said application
on October 8, 2024, by the Planning Commission.
J. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that an Environmental Impact Report (EIR) should be prepared
to analyze all potential adverse environmental impacts of the project and
corresponding General Plan Amendment, which together are referred to as
the "Proposed Project."
K. That all of the requirements of CEQA and the State CEQA Guidelines have
been satisfied by the City of Tustin in the EIR, which is sufficiently detailed
so that all of the potentially significant environmental effects of the Proposed
Project have been adequately evaluated.
L. That the EIR prepared in connection with the Proposed Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Proposed Project's potential environmental impacts
and a range of feasible alternatives capable of eliminating or reducing these
effects in accordance with CEQA and the State CEQA Guidelines.
M. That the Planning Commission has considered the EIR along with its MMRP
in its recommendation that the City Council approve CA 2024-0003.
II. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1549, amending various sections of Article 9 (Land Use) of TCC
to establish a Housing Overlay (HO) district (overlay zone) in conjunction with
Resolution No. 4498
Page 3
the Planned Community Commercial district (base zone) (CA 2024-0003),
attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held
on the 8th day of October 2024.
ERIC HIGUCHI
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
Exhibit A: Draft Ordinance No. 1549
APPROVED AS TO FORM:
MICHAEL DAUDT
Assistant City Attorney
Resolution No. 4498
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 4498 duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 8th day of October, 2024.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT 7A
DRAFT ORDINANCE NO. 1549
ORDINANCE 1549
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING ZONE CHANGE 2024-0003,
ADOPTING ORDINANCE NO. 1549, TO ESTABLISH A
HOUSING OVERLAY (HO) DISTRICT (OVERLAY ZONE) IN
CONJUNCTION WITH THE PLANNED COMMUNITY
COMMERCIAL DISTRICT TO IMPLEMENT THE HOUSING
IMPLEMENTATION PROGRAM OF THE 6T" CYCLE 2021-
2029 HOUSING ELEMENT OF THE GENERAL PLAN -
(CODE AMENDMENT 2024-0003)
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1 . The City Council finds and determines as follows
A. That the City's 2021-2029 6th Cycle Housing Element of the General Plan
(Housing Element) was certified by the California Department of Housing and
Community Development in October 2022. The Housing Element contains the
goals and policies the City intends to implement to address several housing-
related issues.
B. That the Housing Element sets forth a Housing Implementation Program that
provides for specific actions the City intends to undertake to achieve the goals
and policies of the Housing Element.
C. That the proposed amendments (CA 2024-0003) to the Tustin City Code (TCC)
implement Programs 1 .1(b), 1 .1(f), and 1 .1(g) of the Housing Implementation
Program and bring the TCC into compliance with State law.
D. That residential uses are not currently permitted on the Project site. The Project
site is designated as Planned Community Commercial / Business (PCCB),
which is intended for development of planned retail commercial, office, and
industrial/research and development land uses of an intensity compatible with
neighboring residential land uses. The City identified the Project site as a
suitable commercial site for rezoning to allow higher density housing during the
2021-2019 Housing Element process.
E. That the Proposed Project is in the best interest of the public, in that, it increases
the diversity in available housing for existing and new residents in the City of
Tustin.
F. That CA 2024-0003 establishes a Housing Overlay (HO) district (overlay zone)
in conjunction with the Planned Community Commercial district (base zone) to
implement the Housing Implementation Program of the 6th Cycle 2021-2029
Housing Element of the General Plan.
G. That the proposed CA 2024-0003 is consistent with the General Plan Housing
Element Goal 1 , in that, CA 2024-0003 would facilitate the provision of 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 and supports State
Housing Law as implemented by the Regional Housing Needs Assessment
(RHNA).
H. That a public hearing was duly called, noticed, and held on said application on
September 24, 2024, by the Planning Commission. At that time, the Planning
Commission continued the public hearing to October 8, 2024.
I. That a public hearing was duly called, noticed, and held on said application on
October 8, 2024, by the Planning Commission.
J. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that an Environmental Impact Report (EIR) should be prepared to
analyze all potential adverse environmental impacts of the Project and
corresponding General Plan Amendment, which together are referred to as the
"Proposed Project."
K. That all of the requirements of CEQA and the State CEQA Guidelines have been
satisfied by the City of Tustin in the EIR, which is sufficiently detailed so that all
of the potentially significant environmental effects of the Proposed Project have
been adequately evaluated.
L. That the EIR prepared in connection with the Proposed Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Proposed Project's potential environmental impacts and
a range of feasible alternatives capable of eliminating or reducing these effects
in accordance with CEQA and the State CEQA Guidelines.
M. That the Planning Commission has considered the EIR along with its MMRP in
its recommendation that the City Council approve CA 2024-0003.
SECTION 2: That the City Council hereby adopts Ordinance 1549 approving Code
Amendment 2024-0003, to establish a Housing Overlay (HO) district
(overlay zone) in conjunction with the planned community commercial
district (base zone) to implement the housing implementation program of
the 6th Cycle 2021-2029 housing element of the general plan, as identified
in Exhibit A attached hereto.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City
Council of the City of Tustin hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid
or unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on
the -th day of , 2024.
AUSTIN LUMBARD
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ERICA N. YASUDA, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the member of the City
Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1549 was
duly passed and adopted at a regular meeting of the City Council on _, 2024
by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCIL MEMBER ABSENT.
ERICA N. YASUDA
City Clerk
EXHIBIT 7B
CHAPTER 2 OF ARTICLE 9 OF THE
TCC WITH REDLINED CHANGES
EXHIBIT B
ORDINANCE NO. 1549
Amendment to Chapter 2,Division 9 of the Tustin City Code
9212-PURPOSE OF CHAPTER
The purpose of this Chapter is to provide for regulations for the systematic execution of the Land Use element of
the General Plan n494@r P19R fr,r the phys cal deye',,.,. eRt f the C41y.
9213-DIVISIONAL DISTRICTS
b
o@rk Rg n Str 4 CQPRbi.,or!W th nrhor Districts
In addition to the districts established,there are+s hereby established QRP�^^•b^ ^^a-444 Combining and
Overlay Districts which may be combined with any of the districts set forth;sa a a str 4 to bo desi Rated as
follows:
1. Combining Parking Districts or"P"Districts.
2. Cultural Resource District or"CR"District.
3. Housing Overlay District or"HO"District.
9244-PLANNED COMMUNITY DISTRICT(PC)
a
Purpose
To allow diversification of the relationships of various buildings, structures and open spaces in planned building
groups while+ensuring substantial compliance with the district regulations and other provisions of this Chapter.
The intent of this Chapter is to +ensure that adequate standards related to the public health, safety and general
welfare shall be observed without unduly inhibiting the advantage of large scale planning for residential,
commercial and industrial purposes.The amenities and compatibilities of PC Districts are to be+ensured through
the adoption of a Development Plan and/or the approval of Conditional Use Permits, maps, diagrams, and text
setting forth land use relationships and development standards.
b
General Requirements
The following provisions shall apply in the PC District and subject to the other provisions of this Chapter. Except
that where conflict in regulations occur,the regulations specified in this Section or in the Development Plan or plans
approved pursuant to this section or Housing Overlay District shall apply.
d
In the Planned Community District (PC), the following uses (or uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar)will be allowed subject to the development
standards identified in Table 1 of Section 9240,the Housing Overlay District and/or as specified in this Chapter.
1. The uses permitted in any PC District or the Housing Overlay District shall be those designated on the approved
development plan. In the event that such approved usage does not conform to the General Plan of the City,the
General Plan shall may be amended, pursuant to the General Plan Amendment process,to conform to the
development plan.Said amendment may be processed simultaneous with the amending of the zoning ordinance
classifying the area PC.
2. The continued use of land within a PC District for agricultural.
3. Grading shall be permitted within a PC District outside of an area of immediate development subject to securing
a grading permit.
4. Any area designated for residential use by a PC District approved development plan may be developed at a lower
residential density than is indicated on the approved development plan without requiring an amendment of the
development plan. Notwithstanding,any site identified in the Cit)'s certified Housing Element Sites Inventory to
Meet Regional Housing Needs Allocation(RHNA)shall not be developed with fewer housing units at the income
level identified without first identifying alternative sites to accommodate the shortfall and to comply with the
No-Net-Loss obligations pursuant to California Government Code Section 65863.
5. Repealed.
6. Reverse vending machines(Subject to standards contained in Section 9271 bb).
7. Sexually oriented businesses, as defined in Section 3911(a), and subject to the provisions set forth in Article
3 Chapter 9 of the Tustin City Code.
8. SADUs and JADUs(subject to the provisions set forth in Section 9279).
9253-HOUSING OVERLAY(HO)DISTRICT
a
Purpose
The Citv's housing needs are identified in the Tustin General Plan's Housing Element,which establishes citywide goals,
obiectives and policies for enhancing and preserving the community's character, and expanding housing
opportunities. The Citv's Housing Element provides that housing overlay districts may be applied to non-residentially
zoned properties to create mixed-use development within walking distance to commercial services,employment and
public transportation. The purpose of the Housing Overlay District is to:
1. Ensure that a broad range of housing types are provided to meet the needs of existing and future residents
2 Support the development of underutilized land in order to provide the community with a diversity of housing
types,affordable housing,and housing near services and public transit.
3. Support infill development or site redevelopment using smart growth principles,allowing for the construction
of higher density housing, affordable housing, and mixed-use development (the vertical and horizontal
integration of commercial and residential uses) in proximity to employment, community facilities, commercial
services,and other amenities.
4. Foster equal housing opportunities for all persons,and promote the dispersion and integration of housing for
low-very-low,and moderate-income families throughout the communit .
5. Prioritizes sustainable housing developments in proximity to services and employment centers thereby enabling
the use of public transit, walking or bicycling and promoting an active lifestyle, while reducing development
impacts on open space and natural habitat areas.
b
Applicability
1. The Housing Overlay District(HO)is an overlay zone that shall be applied in conjunction with an underlying zone
(base zone)of Planned Community(PC)District as shown on the official Tustin Zoning Map.
2. The Zoning Map shall be amended to indicate the application of the Housing Overlay (HO) District. The
designation HO shall be added after the underlying zoning designation.
3. The entire parcel for which an application for rezoning or pre-zoning to Housing Overlay District is filed must be
in one ownership, or if there be multiple owners, the application must be made by or with the written
authorization for such action on behalf of all property owners concerned, and the applicant, together with a
statement signed by interested owners that they agree to be bound by the regulations and conditions which will
be effective within the district.
4. The requirements of this section shall be considered in conjunction with the requirements of the underlying
(base) district. If a conflict exists between the requirements of the underlying district and this section, the
requirements established pursuant to this section shall apply.
c
Procedures
Any application for a zone change to permit the establishment of a Housing Overlay District shall be made pursuant
to Section 9295 of this Chapter,and shall include the following information:
1. A map defining the exterior boundaries of the Housing Overlay District, including existing development to be
retained and integrated with future construction.
2. Proposed maximum number of residential units to be authorized by the Housing Overlay District.
3. Proposed maximum acreage allocated to residential development. Acreage allocated to residential
development shall be used to determine densities in compliance with the Tustin General Plan Housing Element,
when applicable. The residential acreage may be equal to or less than the total acreage of the Housing Overlay
District.
4. Compliance with the underlying zoning, development plan, development standards, or conditions of approval
established for an underlying Planned Community Commercial District,as applicable.
5. Information the Community Development Director deems necessary to determine General Plan consistency,to
determine consistencywith the underlying zoning district,or to evaluate potential impacts. Additional information
required by the Director may include, but is not limited to,environmental documentation and technical analysis
in compliance with the California Environmental OualityAct.
d
Permitted Uses
1. Multiple family residential.
2. All uses authorized by the underlying zoning district shall be permitted in the Housing Overlay(HO)District.
3. The City Council may permit non-listed uses that support the purpose of the district,following a public hearing
and recommendation from the Planning Commission.
e
Development Standards
1. The City Council may establish, promulgate and adopt by resolution, site specific development standards,
design criteria and obiective design standards for development within each Housing Overlay District.
2. The multiple family residential development standards of the R-3 District of the Tustin City Code shall apply to
an HO District when the Council has not adopted site specific standards for a HO site.
3. Development proposals shall comply with adopted obiective design standards.
f
Required Findings for Establishment of HO District
For the purpose of this section,an area may be designated as an HO District by the City Council if it meets one or
more of the following findings:
1. The establishment of the HO district provides diversity of housing in terms of product types, tenure and
affordability.
2. The HO district provides housing in close proximity to public transit and employment opportunities.
3. The HO district is within close proximity to existing or proposed community facilities and amenities, such as
parks,libraries,dining,entertainment,fitness centers,trails,etc.
4. The HO district can be adequately served by existing or proposed infrastructure, and adequate measures are
applied to ensure the site's future development will not result in negative impacts on the community or create
a financial burden on the City.
5. The HO district fulfills the purpose of this Chapter and will not be detrimental to the public's health, safety or
welfare.
ATTACHMENT 8
RESOLUTION NO. 4499
ZONE CHANGE (ZC) 2024-0001
• EXHIBIT 8A - DRAFT ORDINANCE NO. 1550
RESOLUTION NO. 4499
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING THAT THE CITY
COUNCIL ADOPT ORDINANCE 1550, APPROVING ZONE
CHANGE 2024-0001, AMENDING THE CITY'S ZONING
MAP TO APPLY THE HOUSING OVERLAY (HO) DISTRICT
TO ENDERLE CENTER AND TO ESTABLISH
DEVELOPMENT STANDARDS — HOUSING ELEMENT
SITE 18.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That the City's 2021-2029 6th Cycle Housing Element of the General Plan
(Housing Element) was certified by the California Department of Housing
and Community Development in October 2022. The Housing Element
contains the goals and policies the City intends to implement to address
several housing-related issues.
B. That pursuant to Housing Element Program 1 .1(b) and 1 .1(f), the City is
proposing an overlay zone ("overlay district") for the Enderle Center,
Housing Element Site 17 (project site). Residential uses are currently not
allowed on the Project site. Upon approval of the Project, the Project site
could accommodate 413 units over approximately 7 acres of developable
land within the existing 11.8-acre site. Development over 7 acres may to
take place on underutilized asphalt parking lot areas and does not require
demolition of any existing buildings. Parking displaced as a result of
redevelopment would be accommodated by vertical parking structures
located within the proposed development.
C. That pursuant to Housing Element Program 1.1(g), Zone Change 2024-
0002 was initiated by the City to allow residential use by right for housing
developments in which at least 20 percent of the units are affordable to
lower income households pursuant to Government Code Section 65583.2
provisions. Code Amendment would to be consistent with State housing
law.
D. That a public hearing was duly called, noticed, and held on said
application on September 24, 2024, by the Planning Commission. At that
time, the Planning Commission continued the public hearing to October 8,
2024.
E. That a public hearing was duly called, noticed, and held on said
application on October 8, 2024, by the Planning Commission.
Resolution No. 4499
Page 2
F. That the proposed zone change is in the best interest of the public in that
it increases the diversity in available housing for existing and new
residents in the City of Tustin.
G. That the proposed zone change is consistent with General Plan Amendment
2024-0001 and the policies of the General Plan, as evidenced by the
following findings:
(a) That the site has been developed with underutilized commercial
complex.
(b) That residential uses are complimentary and beneficial to adjacent
residential uses and current commercial uses.
(c) That the project is adjacent to other residential uses, particularly
multi-family dwellings adjacent to the project site.
(d) That the Planning Commission has considered GPA 2024-0001 and
recommended that the City Council approve the request to establish
that higher density residential uses are allowed in the Planned
Community Commercial/Business (PCCB) land use designation
when prescribed by a housing overlay or a specific plan.
(e) That the proposed zone change is consistent with the General Plan
in that the HO meets regional housing needs and is consistent with
the following goal and policies of the General Plan Land Use
Element:1 .1
1 . 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. Policy 1 .5: Encourage compatible and complementary infill of
previously by-passed parcels in areas already predominately
developed.
3. Policy 1 .7: As part of the City's attraction to business and
industry, provide adequate sites to house future employees.
4. Policy 1 .10: Ensure that the distribution and intensity of land
uses are consistent with the Land Use Plan and classification
system.
5. Goal 2: Ensure that future land use decisions are the result of
sound and comprehensive planning.
Resolution No. 4499
Page 3
6. Policy 2.2: Maintain consistency between the Land Use Element,
Zoning Ordinances, and other City ordinances, regulations and
standards.
H. That the proposed ZC 2024-0001 is consistent with the General Plan
Housing Element Goal 1 in that ZC 2024-0001 would facilitate the
provision of 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 and supports State Housing Law as implemented by the
Regional Housing Needs Assessment (RHNA). The project provides for
413 dwelling units.
I. That the proposed project is consistent with the PCCB land use
designation which would allow for residential uses when prescribed by a
HO or Specific Plan.
J. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead
agency, determined that an Environmental Impact Report (EIR) should be
prepared to analyze all potential adverse environmental impacts of the
Project and corresponding General Plan Amendment, Code Amendment,
and Zone Change, which together are referred to as the "Proposed
Project."
K. That all of the requirements of CEQA and the State CEQA Guidelines
have been satisfied by the City of Tustin in the EIR, which is sufficiently
detailed so that all of the potentially significant environmental effects of the
Proposed Project have been adequately evaluated.
L. That the EIR prepared in connection with the Proposed Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Proposed Project's potential environmental
impacts and a range of feasible alternatives capable of eliminating or
reducing these effects in accordance with CEQA and the State CEQA
Guidelines.
M. That the Planning Commission has considered the EIR along with its
MMRP in its recommendation that the City Council approve ZC 2024-
0001 .
II. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1550 approving Zone Change 2024-0001, amending the City's
zoning map to apply the Housing Overlay (HO) District to Enderle Center and to
establish development standards, as identified in Exhibit A attached hereto.
Resolution No. 4499
Page 4
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 8th day of October 2024.
ERIC HIGUCHI
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
Exhibit A: Draft Ordinance 1550
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4499 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 8th day of October, 2024.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT 8A
DRAFT ORDINANCE NO. 1550
ORDINANCE 1550
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING ZONE CHANGE 2024-0001 ,
ADOPTING ORDINANCE NO. 1550, TO AMEND THE
CITY'S ZONING MAP TO APPLY THE HOUSING OVERLAY
(HO) DISTRICT TO THE ENDERLE CENTER REZONE
PROJECT AREA TO IMPLEMENT THE HOUSING
IMPLEMENTATION PROGRAM OF THE 6T" CYCLE 2021-
2029 HOUSING ELEMENT OF THE GENERAL PLAN (ZONE
CHANGE 2024-0001)
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1 . The City Council finds and determines as follows
A. That the City's 2021-2029 6th Cycle Housing Element of the General Plan
(Housing Element) was certified by the California Department of Housing and
Community Development in October 2022. The Housing Element contains the
goals and policies the City intends to implement to address several housing-
related issues.
B. That pursuant to Housing Element Program 1 .1(b) and 1 .1(f), the City is
proposing an overlay zone ("overlay district") for the Enderle Center, Housing
Element Site 17 (project site). Residential uses are currently not allowed on the
Project site. Upon approval of the Project, the Project site could accommodate
413 units over approximately 7 acres of developable land within the existing
11 .8-acre site, resulting in a density of 59 du/ac. The anticipated development
over 7 acres may take place on underutilized asphalt parking lot areas, and not
require demolition of any existing buildings. Parking displaced as a result of
redevelopment would be accommodated by vertical parking structures located
within the proposed development.
C. That pursuant to Housing Element Program 1 .1(g), Zone Change 2024-0002
was initiated by the City to allow residential use by right for housing
developments in which at least 20 percent of the units are affordable to lower
income households pursuant to Government Code Section 65583.2 provisions.
Code Amendment would to be consistent with State housing law.
D. That the subject property has been used as a commercial retail center since its
completion.
E. That the project, as proposed would conflict with the existing PC COM Planned
Community Commercial zoning district for the site.
F. That the subject property is surrounded by a range of uses including
commercial, office, and residential.
G. That the proposed zone change would allow for the development of high density
residential development where currently none is allowed.
H. That the project, as proposed, would have a maximum of 413 units on 7 acres,
consistent with high density residential developments.
I. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that an Environmental Impact Report (EIR) should be prepared to
analyze all potential adverse environmental impacts of the Project and
corresponding General Plan Amendment, Code Amendment, and Zone
Change, which together are referred to as the "Proposed Project;"
J. That all of the requirements of CEQA and the State CEQA Guidelines have been
satisfied by the City of Tustin in the EIR, which is sufficiently detailed so that all
of the potentially significant environmental effects of the Proposed Project have
been adequately evaluated; and
K. That the EIR prepared in connection with the Proposed Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Proposed Project's potential environmental impacts and
a range of feasible alternatives capable of eliminating or reducing these effects
in accordance with CEQA and the State CEQA Guidelines; and
L. That a public hearing was duly called, noticed and held for GPA 2024-0001 , ZC
2024-0001 , and CA 2024-0003 on September 24, 2024 by the Planning
Commission. At that time, the Planning Commission continued the public
hearing to October 8, 2024.
M. That a public hearing was duly called, noticed and held for GPA 2024-0001 , ZC
2024-0001 , and CA 2024-0003 on October 8, 2024 by the Planning
Commission.
N. That the proposed ZC 2024-0001 is consistent with the following General Plan
Land Use goals and policies:
1 . 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. Policy 1 .5: Encourage compatible and complementary infill of previously
by-passed parcels in areas already predominately developed.
3. Policy 1 .7: As part of the City's attraction to business and industry, provide
adequate sites to house future employees.
4. Policy 1 .10: Ensure that the distribution and intensity of land uses are
consistent with the Land Use Plan and classification system.
5. Goal 2: Ensure that future land use decisions are the result of sound and
comprehensive planning.
6. Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
O. That the proposed ZC 2024-0001 is consistent with the General Plan Housing
Element Goal 1 in that ZC 2024-0001 would facilitate the provision of 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 and supports State
Housing Law as implemented by the Regional Housing Needs Assessment
(RHNA). The project would provide for 413 housing units.
P. That the City Council has considered the EIR along with its MMRP in its
recommendation that the City Council approve CA 2024-0001 .
SECTION 2: That the City Council hereby adopts Ordinance 1550 approving Zone
Change 2024-0001 , to amend the City's zoning map to apply the Housing
Overlay (HO) district to the Enderle Center Rezone Project area and to
establish development standards, as identified in Exhibit A and B attached
hereto.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City
Council of the City of Tustin hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid
or unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on
the _th day of , 2024.
AUSTIN LUMBARD
Mayor
Exhibit A: Zoning Map Existing/Proposed
Exhibit B: Development Standards
ATTEST:
ERICA N. YASUDA
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ERICA N. YASUDA, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the member of the City
Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1550 was
duly passed and adopted at a regular meeting of the City Council on 2024 by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCIL MEMBER ABSENT.
ERICA N. YASUDA
City Clerk
EXHIBIT A
ORDINANCE NO. 1550
ZC-2024-0001 —Amendment to Zoning District from Planned Community
Commercial (PC COM) to Planned Community Commercial (PC COM) and
Housing Overlay (HO)
APNs: 401-251-04, -05, and -06-,
401-252-057 -067 -087 -09, and -10-,
and 401-253-03 and -04.
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PC CO M PC COI M
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Existing Zoning — PC COM Proposed Zoning — PC COM & HO
EXHIBIT B
ORDINANCE NO. 1500
Housing Overlay
Enderle Center Development Standards
The following development standards regulate new site and building development by establishing
standards for intensity, building height, open space, and other elements. Development standards
include street-based frontage standards regulating buildings frontages along existing and new
streets to form adequate and pedestrian-friendly building faces.
Table 1- Site Development Regulations Table 2 - Open Space Regulations
TYPE STANDARD PROVISIONS
Site Private open space shall be
Lot Size'—Residential&Mixed Use None None provided at a minimum
depth of 4 feet in the form of
Lot Width 35 ft None Private e s 100 sf per unit balconies, patios,or other
similar private open space
Density acceptable to the
Residential Density 20 du/ac None Community Development
Director.
Dwelling Units 0 413
Shared facilities designated
Housing Development Area 0 7 ac as recreational areas. May
Building Height Common 200 sf per unit include pedestrian paths,
common area balconies,
Single&Multifamily Residential None 75 ft common area rooftop decks,
recreation buildings,etc.
Mixed Use None 75 ft
Building Setback
Seventeenth Street loft None
Yorba Street loft None
Local Road loft None
Private Street or Drive 5 ft None
Alley 3 ft None
Rear Yard loft None
Interior Side Yard 3 ft None
Landscape Setback°
Seventeenth Street loft None
Yorba Street loft None
Local Road 5 ft None
Private Street or Drive 5 ft None
' Minimum lot size shall accommodate no less than 16 units. Private attached ground level patios may be credited if open on three
2 Applies only to single family detached dwelling units,attached dwelling sides. Areas not available for open space credit include all streets,
driveways,landscaped building setback areas,and parking lots.
units,and duplexes. 6 Private open space may include balconies, patios, courtyards, roof
a Interior side yard setbacks shall maintain an aggregate 10 feet distance decks,etc.
between buildings.
^Minimum landscaped areas are required within building setback areas.
Building setbacks from streets are measured from back of rights-of-way.
General Requirements
A. This site is designated within the Housing Element's "Sites Inventory" (Housing Element
Appendix B, Table B-2 of the Housing Element of the General Plan) and is subject to
Government Code Section 65863 (No-Net-Loss Law).
B. Residential development projects within the Housing Overlay (HO) District, in compliance
with the 2021-2029 6th Cycle Housing Element Update, shall be permitted "by right",
subject to development standards, objective design standards (ODS) and other applicable
objective criteria of the Tustin City Code.
C. Residential uses are permitted by right for housing developments in which at least 20
percent of the total units are affordable to lower income households, pursuant to
Government Code Section 65583.2 provisions.
D. Modifications to design due to site-specific conditions, utility conflicts, or other unforeseen
factors shall require approval from the Community Development Director.
E. Encroachments into setbacks are subject to the provisions outlined in the Tustin City
Code, Article 9, Chapter 2.
F. Parking requirements shall adhere to the standards specified in the Tustin City Code.
G. For standards and procedures not specifically addressed herein, refer to the Tustin City
Code.
H. Interpretations of the Enderle Center Housing Overlay(HO) district provisions will be made
by the Community Development Director considering factors such as consistency with
previous interpretations, the General Plan, and HO District policies, vision and intent.
I. The Community Development Director is authorized to review and interpret ambiguities
that arises concerning the meaning or application of the provisions of the Enderle Center
Housing Overlay (HO). The Director shall consider the following factors when making an
interpretation:
1. The case is similar to previous interpretations of similar provisions.
2. The interpretation is supported by the vision, intent and purpose of the HO
District.
3. The resulting project is consistent with the General Plan.
J. The Enderle Center HO District serves as official zoning for the properties contained within
its boundaries. The Enderle Center HO District and its development standards have been
adopted by ordinance, which requires a recommendation by the Planning Commission
and approval by the City Council. Any regulation adopted for the Enderle Center Housing
Overlay that differs from the Tustin City Code (TCC) shall supersede the TCC. Where the
Enderle HO District is silent, the provisions of the TCC shall prevail. The Director of
Community Development is authorized to make determinations regarding conflicts or
ambiguities related to the Enderle HO District and/or its relationship with the TCC.
Additional Requirements
A. Pedestrian pathways to Seventeenth Street and Yorba Street shall be provided to ensure
access by residents and guests. Such access shall be through paseos, unobscured
building corridors or courtyards adjacent to the public right of way. Such access need not
be the primary access to buildings or the community.
B. A solid freestanding wall greater than three (3) feet is not allowed within landscape
setbacks. The Community Development Director may waive this requirement when a
higher wall is integrated with the landscaping and patio design and serves a defined
purpose.
C. Private attached ground level patios may be credited as open space if unenclosed on
three sides. Streets, driveways, landscaped building setback areas, and parking lots shall
not be credited to the open space requirements.
ATTACHMENT 9
LOCATION / RADIUS MAP
Attachment 9
Location/ Radius Map
Tustin Market Place
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ATTACHMENT 10
RESOLUTION NO. 4500
FINAL ENVIRONMENTAL IMPACT REPORT (EIR
• EXHIBIT 10A - FINAL EIR
• EXHIBIT 10B - DRAFT EIR
• EXHIBIT 10C - FINDINGS & STATEMENT OF
OVERRIDING CONSIDERATIONS
RESOLUTION NO. 4500
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF TUSTIN, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL
CERTIFY THE FINAL ENVIRONMENTAL IMPACT
REPORT AND ADOPT ENVIRONMENTAL
FINDINGS, A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND ERRATA FOR GENERAL
PLAN AMENDMENT 2024-0001 AND SPECIFIC
PLAN AMENDMENT 2024-0001 TO IMPLEMENT
THE HOUSING IMPLEMENTATION PROGRAM OF
THE 6T" CYCLE 2021-2029 HOUSING ELEMENT OF
THE GENERAL PLAN — HOUSING ELEMENT SITE
18 — THE MARKET PLACE
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That the City's 2021-2029 6th Cycle Housing Element of the General
Plan (Housing Element) was certified by the California Department
of Housing and Community Development in October 2022. The
Housing Element contains the goals and policies the City intends to
implement to address several housing-related issues.
B. That the Housing Element sets forth a Housing Implementation
Program that provides for specific actions the City intends to
undertake to achieve the goals and policies of the Housing Element.
C. That pursuant to Housing Element programs 1 .1 b and 1 .1f, Specific
Plan Amendment 2024-0001 was initiated by the City to amend the
East Tustin Specific Plan (ETSP; SP-8)to create a new High Density
Residential (HDR) land use category and apply the HDR zone to 18
acres of existing surface parking in the Tustin Market Place Shopping
Center. The project site is approximately 18 acres of developable
land located in Sector 12 of the ETSP and is inclusive of APNs 500-
291-06, -07, -11 , -12, and -25 and 500-312-03 and -10 in the parking
lot of the existing 76.9-acre shopping center (The Market Place).
D. That pursuant to Housing Element Program 1.1(g), Specific Plan
Amendment 2024-0001 was initiated by the City to amend the East
Tustin Specific Plan (ETSP; SP-8) to allow residential use by right for
housing developments in which at least 20 percent of the units are
affordable to lower income households pursuant to Government
Code Section 65583.2 provisions. Amendment to the ETSP would
be consistent with State housing law.
E. That the proposed SPA 2024-0001 would allow for residential use
only on the project site, with a minimum density of 20 dwelling units
per acre (du/acre). The new High Density Residential land use
designation would allow for up to 900 dwelling units on the project
site with no maximum density prescribed.
F. That the City proposes the following actions (Proposed Project):
• General Plan Amendment (GPA) 2024-0001 —A request for a
GPA to establish that higher density residential uses are
allowed in the Planned Community Commercial/Business
(PCCB) land use designation when prescribed by a Housing
Overlay (HO) or a Specific Plan (SP); and
• Specific Plan Amendment (SPA) 2024-0001 —A request for a
SPA to identify High Density Residential (HDR) as a new
residential density category available within the ETSP and
designate 18 acres of existing surface parking in the Tustin
Market Place Shopping Center as High Density Residential
(HDR) Land Use designation of the ETSP.
G. That GPA 2024-0001 and SPA-2024-0001 constitutes a "project"
that is subject to the terms of the California Environmental Quality
Act ("CEQA") (Pub. Resources Code §21000 et. seq.).
H. That pursuant to the California Environmental Quality Act (CEQA)
(Public Resources Code Section 21000 et seq.), the City of Tustin, as
lead agency, determined that an Environmental Impact Report (EIR)
should be prepared to analyze all potential adverse environmental
impacts of the project and corresponding General Plan Amendment and
Specific Plan Amendment, which together are referred to as the
"Proposed Project;"
I. That the City sent a Notice of Preparation (NOP) of a Draft EIR to the
Office of Planning and Research, responsible and trustee agencies, and
other interested parties on or about February 26, 2024; and
J. That the NOP was circulated for 30 days pursuant to State CEQA
Guidelines sections 15082 and 15083, until March 26, 2024, to invite
comments from responsible and trustee agencies, the public, and other
interested parties regarding the scope of the EIR; and
Resolution No. 4500
GPA 2024-0001 and SPA 2024-0001
Page 2
K. That the City received written comments in response to the NOP, which
assisted the City in the scope and analysis for the Draft EIR, and also
held a series of public meetings and workshops regarding the scope of
the Proposed Project; and
L. That the City received three (3) comments from interested parties and
responsible and trustee agencies in response to the NOP; and
M. That on June 6, 2024, the City initiated the 45-day public review period
on the Draft EIR by filing a Notice of Availability with the State Office of
Planning and Research, publishing the Notice in the Tustin News, and
releasing the Draft EIR (State Clearinghouse [SCH] No. 2024020969)
for public review and comment; and
N. That pursuant to State CEQA Guidelines, Section 15086, the City
consulted with and requested comments from all responsible and
trustee agencies, other regulatory agencies, and other interested parties
during the 45-day comment period, which spanned from June 6, 2024
to July 22, 2024;
O. That during the public review period, copies of the Draft EIR were
provided online on the City's website, were available for public review in
printed form at City Hall and the Tustin Library; and
P. That the City received five (5) written comments on the Draft EIR during
the public review period for the Draft EIR; and
Q. That following the close of the public comment period and after review
of the comments received on the Draft EIR, the City prepared a Final
EIR, consisting of comments received on the Draft EIR, written
responses to those comments, and revisions and errata to the Draft EIR.
For purposes of this Resolution, the EIR shall refer to the Draft EIR,
including all technical studies and appendices to the Draft EIR, as
revised by the Final EIR's errata section, together with the other sections
of the Final EIR, including all the technical studies and appendices to
the Final EIR, and the Errata to the Final EIR. The Draft EIR, the Final
EIR, and all technical studies and appendices to the Final EIR are
hereby incorporated herein by reference to this Resolution and are on
file with the City Clerk. The Errata to the Final EIR, which is attached
hereto as Exhibit 11A of Attachment 11 and incorporated herein, reflects
changes made to mitigation measures and text within the EIR sections;
and
R. That the Findings of Fact and Statement of Overriding Considerations,
attached hereto as Exhibit 11 C of Attachment 11 , and incorporated
herein, set forth the environmental impacts identified in the Final EIR
that the City finds are less than significant and do not require mitigation,
Resolution No. 4500
GPA 2024-0001 and SPA 2024-0001
Page 3
the environmental impacts identified in the Final EIR as potentially
significant but which the City finds can be mitigated to a less than
significant level through the implementation of all feasible mitigation
measures, the environmental impacts identified in the Final EIR as
potentially significant but which the City finds cannot be fully mitigated
to a less than significant level despite the imposition of all feasible
mitigation measures, the cumulative environmental impacts resulting
from the Proposed Project, the significant and irreversible environmental
changes that would result from the Proposed Project, but which would
be mitigated, the existence of any growth-inducing impacts resulting
from the Proposed Project identified in the Final EIR, and a statement
supporting the Proposed Project notwithstanding the potentially
significant environmental impacts which could not feasibly be mitigated;
and
S. That alternatives to the Proposed Project that might eliminate or reduce
significant environmental impacts are described in Exhibit 11 C of
Attachment 11 , Statement of Overriding Considerations, pursuant to
CEQA, attached hereto and incorporated herein by this reference; and
T. That the City has endeavored in good faith to set forth the basis for its
decision on the Proposed Project in the Findings of Fact as well as to
explain why the benefits of the Proposed Project outweigh the
environmental impacts the EIR determines are significant and
unavoidable; and
U. That all of the requirements of CEQA and the State CEQA Guidelines
have been satisfied by the City of Tustin in the EIR, which is sufficiently
detailed so that all of the potentially significant environmental effects of
the Proposed Project have been adequately evaluated; and
V. That the EIR prepared in connection with the Proposed Project
sufficiently analyzes both the feasible mitigation measures necessary to
avoid or substantially lessen the Proposed Project's potential
environmental impacts and a range of feasible alternatives capable of
eliminating or reducing these effects in accordance with CEQA and the
State CEQA Guidelines; and
W. That a public hearing was duly called, noticed, and held on said
application on September 24, 2024, by the Planning Commission. At that
time, the Planning Commission continued the public hearing to October
8, 2024; and
X. That a public hearing was duly called, noticed, and held on said
application on October 8, 2024, by the Planning Commission; and
Y. That on October 8, 2024, the Planning Commission was presented with,
reviewed, and considered all the information and data in the
Resolution No. 4500
GPA 2024-0001 and SPA 2024-0001
Page 4
administrative record, including the Final EIR, and all oral and written
evidence presented to it during all meetings and hearings, all of which
are incorporated herein by reference; and
Z. That the City has not received any comments or additional information
that produced substantial new information requiring recirculation or
additional environmental review under Public Resources Code Sections
21166 and 21092.1 or State CEQA Guidelines Section 15088.5-1 and
AA. That all other legal prerequisites to the adoption of the Resolution have
occurred.
II. The Proposed Project would have significant and unavoidable impacts related to
the following environmental issue areas: greenhouse gas emissions.
III. Findings of Fact and Statement of Overriding Considerations. In accordance with
State CEQA Guidelines Sections 15091 , 15092, and 15093, the Planning
Commission recommends the Tustin City Council adopt the CEQA Findings of
Fact and the Statement of Overriding Considerations pursuant to CEQA,
attached hereto as Exhibit 11 C of Attachment 11, and incorporated herein by
reference as is fully set forth herein.
IV. Certification of Final EIR. In accordance with State CEQA Guidelines Section
15090, the Planning Commission recommends the Tustin City Council certify
that:
• The Final EIR is an accurate and objective statement that has been
completed in compliance with CEQA and the State CEQA Guidelines, and
that together with the errata, attached hereto as Exhibit 11A and
incorporated herein by reference as is fully set forth herein, includes all
the environmental impacts of the Proposed Project and mitigation
measures;
• The Planning Commission and City Council have been presented with
and have reviewed and considered the information contained in the EIR,
prior to the Tustin City Council approving the Proposed Project; and
• The EIR reflects the City Council's independent judgment and analysis.
V. Recirculation Not Required. The Planning Commission recommends that the
Tustin City Council declare that the City has not received evidence of new
significant impacts, as defined by the State CEQA Guidelines, Section 15088.5,
after circulation of the Draft EIR that would require recirculation, which is further
set forth in the Findings (Exhibit 11 C), nor have any of the conditions requiring a
subsequent or supplemental EIR listed in Public Resources Code Section 21166
occurred.
Resolution No. 4500
GPA 2024-0001 and SPA 2024-0001
Page 5
VI. Notice of Determination. The Planning Commission recommends that the Tustin
City Council direct staff to file a Notice of Determination with the Orange County
Clerk Recorder within five (5) working days of final approval of the Proposed
Project.
VI1. If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this Resolution is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, then such decision shall not affect
the validity of the remaining portions of this Resolution. The Planning
Commission of the City of Tustin hereby declares that the Planning Commission
would have adopted this Resolution, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone
or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared unconstitutional, invalid, or ineffective.
NOW, THEREFORE, based on the above findings, the Planning Commission of the City of
Tustin does hereby recommend City Council certification of the Final EIR and adoption of
the Findings of Fact, Statement of Overriding Considerations, and Errata for GPA 2024-
0001, and SPA 2024-0001.
ERIC HIGUCHI
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4500 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 8th day of October
2024.
Resolution No. 4500
GPA 2024-0001 and SPA 2024-0001
Page 6
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT 10A — FINAL EIR
https://www.tustinca.org/DocumentCenterNiew/15586/
Exhibit-10A---Final-ElR-Market-Place---HE-Site-18
EXHIBIT 10B - DRAFT EIR
htti)s://www.tustinca.org/DocumentCenter/View/l 5590/Exhibit-10B---Draft-
EI R-Market-Place---HE-Site-1 8-reduced-combined
EXHIBIT 10C
FINDINGS & STATEMENT OF OVERRIDING
CONSIDERATIONS
https://www.tustinca.org/DocumentCenterNiew/15591/
Exhibit-10C---Findings-SOC-Market-Place---HE-Site-18-
reduced-combined
ATTACHMENT 11
RESOLUTION NO. 4501
SPA 2024-0001
• EXHIBIT 11A - DRAFT ORDINANCE NO. 1551
• EXHIBIT 11B - SPA - EAST TUSTIN WITH REDLINED
CHANGES
RESOLUTION NO. 4501
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE SPECIFIC PLAN
AMENDMENT (SPA) 2024-0001 TO AMEND THE EAST
TUSTIN SPECIFIC PLAN (SP-8) TO ACCOMMODATE
RESIDENTIAL DEVELOPMENT ON 18 ACRES OF THE
MARKET PLACE SHOPPING CENTER AND CREATE A
NEW HIGH DENSITY RESIDENTIAL LAND USE
CATEGORY TO IMPLEMENT THE HOUSING
IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-
2029 HOUSING ELEMENT OF THE GENERAL PLAN —
HOUSING ELEMENT SITE 18 — THE MARKET PLACE.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That the City's 2021-2029 6th Cycle Housing Element of the General Plan
(Housing Element) was certified by the California Department of Housing
and Community Development in October 2022. The Housing Element
contains the goals and policies the City intends to implement to address
several housing-related issues.
B. That the Housing Element sets forth a Housing Implementation Program
that provides for specific actions the City intends to undertake to achieve
the goals and policies of the Housing Element.
C. That pursuant to Housing Element programs 1 .1b and 1 .1f, Specific Plan
Amendment 2024-0001 was initiated by the City to amend the East Tustin
Specific Plan (ETSP; SP-8)to create a new High Density Residential (HDR)
land use category and apply the HDR zone to 18 acres of existing surface
parking in the Tustin Market Place Shopping Center. The project site is
approximately 18 acres of developable land located in Sector 12 of the
ETSP and is inclusive of APNs 500-291-06, -07, -11 , -12, and -25 and 500-
312-03 and -10 in the parking lot of the existing 76.9-acre shopping center
(The Market Place).
D. That pursuant to Housing Element Program 1 .1(g), Specific Plan
Amendment 2024-0001 was initiated by the City to amend the East Tustin
Specific Plan (ETSP; SP-8) to allow residential use by right for housing
developments in which at least 20 percent of the units are affordable to
lower income households pursuant to Government Code Section 65583.2
provisions. Amendment to the ETSP would be consistent with State housing
law.
Resolution No. 4501
SPA 2024-0001
Page 2
E. That the proposed SPA 2024-0001 would allow for residential use only on
the project site, with a minimum density of 20 dwelling units per acre
(du/acre). The new High Density Residential land use designation would
allow for up to 900 dwelling units on the project site with no maximum
density prescribed.
F. That residential uses are not currently permitted on the project site. The
project site is designated as Mixed Use (MU) land use in the East Tustin
Specific Plan, which is intended for development of planned retail
commercial, office, and industrial/research and development land uses of
an intensity compatible with neighboring residential and the Auto Center
land uses. The City identified the project site as a suitable commercial site
for rezoning to allow higher density housing during the 2021-2019 Housing
Element process.
G. That the remaining portion of the project site, approximately 58 acres, would
remain designated as nonresidential land use within the ETSP. There is
currently 13,032 square feet (SF) of remaining commercial capacity within
the nonresidential-designated area of the project site. Therefore, the
Proposed Project anticipates the future nonresidential capacity buildout of
13,032 SF within a portion of the project site that allows non-residential
development. Future nonresidential projects proposed pursuant to the
remaining development capacity would be required to comply with the
existing MU development standards, and the City's plan review process.
H. That the proposed amendment to the Specific Plan Amendment is in the
best interest of the public, in that, it increases the diversity in available
housing for existing and new residents in the City of Tustin.
I. That the City proposes the following actions (Proposed Project):
• General Plan Amendment (GPA) 2024-0001 — A request for a GPA to
establish that higher density residential uses are allowed in the Planned
Community Commercial/Business (PCCB) land use designation when
prescribed by a Housing Overlay (HO) or a Specific Plan (SP);
• Specific Plan Amendment (SPA) 2024-0001 — A request for a SPA to
identify High Density Residential (HDR) as a new residential density
category available within the ETSP and designate 18 acres of existing
surface parking in the Tustin Market Place Shopping Center as High
Density Residential (HDR) Land Use designation of the ETSP.
J. That the proposed Specific Plan Amendment 2024-0001 is consistent with
General Plan Amendment 2024-0001 and the policies of the General Plan,
as evidenced by the following findings:
Resolution No. 4501
SPA 2024-0001
Page 3
a. That the site has been developed with underutilized commercial complex.
b. That residential uses are complimentary and beneficial to adjacent
residential uses and current commercial uses.
c. That the Proposed Project is adjacent to other residential uses, particularly
multi-family dwellings immediately adjacent to the project site.
d. That the Planning Commission has considered General Plan Amendment
(GPA) 2024-0001 and recommended that the City Council approve the
request to establish that higher density residential uses are allowed in the
Planned Community Commercial/Business (PCCB) land use designation
when prescribed by a housing overlay or a specific plan.
e. That the proposed Specific Plan Amendment is consistent with the
General Plan, in that, it meets regional housing needs and is consistent
with the following goals and policies of the General Plan Land Use
Element:
1. 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. Policy 1.5: Encourage compatible and complementary infill of
previously by-passed parcels in areas already predominately
developed.
3. Policy 1.7: As part of the City's attraction to business and industry,
provide adequate sites to house future employees.
4. Goal 2: Ensure that future land use decisions are the result of sound
and comprehensive planning.
5. Policy 2.2: Maintain consistency between the Land Use Element,
Zoning Ordinances and other City ordinances, regulations and
standards.
K. That the proposed SPA 2024-0001 is consistent with the General Plan
Housing Element Goal 1 , in that, SPA 2024-0001 would facilitate the provision
of 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 and
supports State Housing Law as implemented by the Regional Housing Needs
Assessment (RHNA). The Proposed Project provides for 900 dwelling units.
Resolution No. 4501
SPA 2024-0001
Page 4
L. That a public hearing was duly called, noticed, and held on said application
on September 24, 2024, by the Planning Commission. At that time, the
Planning Commission continued the public hearing to October 8, 2024.
M. That a public hearing was duly called, noticed, and held on said application
on October 8, 2024, by the Planning Commission.
N. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that an Environmental Impact Report (EIR) should be prepared to
analyze all potential adverse environmental impacts of the project and
corresponding General Plan Amendment, which together are referred to as
the "Proposed Project."
O. That all of the requirements of CEQA and the State CEQA Guidelines have
been satisfied by the City of Tustin in the EIR, which is sufficiently detailed so
that all of the potentially significant environmental effects of the Proposed
Project have been adequately evaluated.
P. That the EIR prepared in connection with the Proposed Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Proposed Project's potential environmental impacts
and a range of feasible alternatives capable of eliminating or reducing these
effects in accordance with CEQA and the State CEQA Guidelines.
Q. That the Planning Commission has considered the EIR along with its MMRP
in its recommendation that the City Council approve SPA 2024-0001.
II. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1551 approving Specific Plan Amendment 2024-0001 attached
hereto as Exhibit A.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 8th day of October 2024.
ERIC HIGUCHI
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
Exhibit A: Draft Ordinance No. 1551
Resolution No. 4501
SPA 2024-0001
Page 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4501 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 8th day of October
2024.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT 11A
DRAFT ORDINANCE NO. 1551
ORDINANCE 1551
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING SPECIFIC PLAN AMENDMENT 2024-
0001, ADOPTING ORDINANCE NO. 1551, TO AMEND THE
EAST TUSTIN SPECIFIC PLAN (SP-8) TO CREATE A NEW
HIGH DENSITY RESIDENTIAL (HDR) LAND USE
CATEGORY, AND APPLY THE HDR ZONE TO 18 ACRES OF
EXISTING SURFACE PARKING IN THE TUSTIN MARKET
PLACE SHOPPING CENTER TO IMPLEMENT THE
HOUSING IMPLEMENTATION PROGRAM OF THE 6TH
CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL
PLAN — HOUSING ELEMENT SITE 18 — THE MARKET
PLACE.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1 . The City Council finds and determines as follows
A. That the City's 2021-2029 6th Cycle Housing Element of the General Plan
(Housing Element) was certified by the California Department of Housing and
Community Development in October 2022. The Housing Element contains the
goals and policies the City intends to implement to address a number of housing-
related issues.
B. That pursuant to Housing Element Program 1.1 b and 1.1f, the City is proposing
Specific Plan Amendment 2024-0001 to amend the East Tustin Specific Plan
(ETSP; SP-8) to create a new High Density Residential (HDR) land use category
and apply the HDR zone to 18 acres of existing surface parking in the Tustin
Market Place Shopping Center, Housing Element Site 18 (project site).
Residential uses are currently not allowed on the Project site. Upon approval of
the Project, the Project site could accommodate 900 units over approximately 18
acres of developable land within the existing 76.9-acre shopping center. The
anticipated development over 18 acres may take place on underutilized asphalt
parking lot areas, and not require demolition of any existing buildings. Parking
displaced as a result of redevelopment would be accommodated by vertical
parking structures located within the proposed development.
C. That the subject property has been used as a commercial retail center since its
completion.
D. That the subject property is surrounded by a range of uses including commercial,
office, and residential.
E. That the proposed change to the General Plan land use designation would allow
for the development of high density residential development where currently none
is allowed.
F. That the project, as proposed, would have a maximum of 900 unit upon 18 acres,
consistent with high density residential developments.
G. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that an Environmental Impact Report (EIR) should be prepared to
analyze all potential adverse environmental impacts of the Project and
corresponding General Plan Amendment and Specific Plan Amendment, which
together are referred to as the "Proposed Project;"
H. That all of the requirements of CEQA and the State CEQA Guidelines have been
satisfied by the City of Tustin in the EIR, which is sufficiently detailed so that all
of the potentially significant environmental effects of the Proposed Project have
been adequately evaluated; and
I. That the EIR prepared in connection with the Proposed Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Proposed Project's potential environmental impacts and
a range of feasible alternatives capable of eliminating or reducing these effects
in accordance with CEQA and the State CEQA Guidelines; and
J. That a public hearing was duly called, noticed and held for SPA 2024-0003 on
September 24, 2024 by the Planning Commission. At that time, the Planning
Commission continued the public hearing to October 8, 2024.
K. That a public hearing was duly called, noticed and held for SPA 2024-0003 on
October 8, 2024 by the Planning Commission.
L. That the proposed SPA 2024-0001 is consistent with the following General Plan
Land Use goals and policies:
1. 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. Policy 1.5: Encourage compatible and complementary infill of previously by-
passed parcels in areas already predominately developed.
3. Policy 1.7: As part of the City's attraction to business and industry, provide
adequate sites to house future employees.
4. Goal 2: Ensure that future land use decisions are the result of sound and
comprehensive planning.
5. Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances and other City ordinances, regulations and standards.
M. That the proposed SPA 2024-0001 is consistent with the General Plan Housing
Element Goal 1 in that SPA 2024-0001 would facilitate the provision of 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 and supports State
Housing Law as implemented by the Regional Housing Needs Assessment
(RHNA). The project would provide for 900 housing units.
N. That the City Council has considered the EIR along with its MMRP in its
recommendation that the City Council approve SPA 2024-0001 .
SECTION 2: That the City Council hereby adopts Ordinance 1551 approving Specific
Plan Amendment 2024-0001, amending the specific plan to create a new
High Density Residential (HDR) land use category, and apply the HDR
zone to 18 acres of existing surface parking in the Tustin Market Place
Shopping Center, as identified in Exhibit A attached hereto.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City
Council of the City of Tustin hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid
or unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on
the -th day of , 2024.
AUSTIN LUMBARD
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ERICA N. YASUDA, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the member of the City
Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1551 was
duly passed and adopted at a regular meeting of the City Council on 2024 by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCIL MEMBER ABSENT.
ERICA N. YASUDA
City Clerk
EXHIBIT 11B
SPA - EAST TUSTIN WITH REDLINED CHANGES
https://www.tustinca.org/DocumentCenter/View/15587/
Exhibit-11B---Specific-Plan-Amendment---East-Tustin-with-
Redlined-Changes
ATTACHMENT 12
RESOLUTION NO. 4497
GENERAL PLAN AMENDMENT (GPA) 2024-0001
• EXHIBIT 12A - DRAFT CITY COUNCIL
RESOLUTION NO. 24-79
• EXHIBIT 12B - TEXT AMENDMENT
RESOLUTION NO. 4497
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT
ORDINANCE 1548, APPROVING GENERAL PLAN AMENDMENT
2024-0001 TO ESTABLISH THAT HIGHER DENSITY
RESIDENTIAL USES ARE ALLOWED IN THE PLANNED
COMMUNITY COMMERCIAL/BUSINESS (PCCB) LAND USE
DESIGNATION WHEN PRESCRIBED BY A HOUSING OVERLAY
OR A SPECIFIC PLAN
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 City's 2021-2029 6th Cycle Housing Element of the General Plan (Housing
Element) was certified by the California Department of Housing and Community
Development in October 2022. The Housing Element contains the goals and policies
the City intends to implement to address a number of housing-related issues.
B. That the Housing Element sets forth a Housing Implementation Program that
provides for specific actions the City intends to undertake to achieve the goals and
policies of the Housing Element.
C. That pursuant to Housing Element programs 1.1(b), 1.1(f), and 1.1(g), a General Plan
Amendment 2024-0001 was initiated by the City to establish that higher density
residential uses are allowed in the Planned Community Commercial/Business
(PCCB) land use designation when prescribed by a Housing Overlay (HO) or a
Specific Plan (SP).
D. That the proposed change to the General Plan land use designation would allow
for the development of high density residential development.
E. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead agency,
determined that an Environmental Impact Report (EIR) was prepared to analyze
all potential adverse environmental impacts of the General Plan Amendment;
F. That all of the requirements of CEQA and the State CEQA Guidelines have been
satisfied by the City of Tustin in the EIR, which is sufficiently detailed so that all of
the potentially significant environmental effects of the proposed project have
been adequately evaluated; and
G. That the EIR prepared in connection with the proposed project sufficiently analyzes
both the feasible mitigation measures necessary to avoid or substantially lessen
the proposed project's potential environmental impacts and a range of feasible
alternatives capable of eliminating or reducing these effects in accordance with
CEQA and the State CEQA Guidelines.
Resolution No. 4497
GPA 2024-0001
Page 2
H. That a public hearing was duly called, noticed and held for GPA 2024-0001 on
September 24, 2024 by the Planning Commission. At that time, the Planning
Commission continued the public hearing to October 8, 2024.
I. That a public hearing was duly called, noticed and held for GPA 2024-0001 on
October 8, 2024 by the Planning Commission.
J. That the proposed GPA 2024-0001 is consistent with the following General Plan
Land Use goals and policies:
1 . 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. Policy 1 .5: Encourage compatible and complementary infill of previously by-
passed parcels in areas already predominately developed.
3. Policy 1 .7: As part of the City's attraction to business and industry, provide
adequate sites to house future employees.
4. Policy 1.10: Ensure that the distribution and intensity of land uses are consistent
with the Land Use Plan and classification system.
5. Goal 2: Ensure that future land use decisions are the result of sound and
comprehensive planning.
6. Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
K. That the proposed GPA 2024-0001 is consistent with the General Plan Housing
Element Goal 1 in that GPA 2024-0001 would facilitate the provision of 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 and supports State
Housing Law as implemented by the Regional Housing Needs Assessment
(RHNA).
L. That the Planning Commission has considered the EIR along with its MMRP in its
recommendation that the City Council approve GPA 2024-0001 .
II. That the Planning Commission does hereby recommend that the City Council
approve GPA 2024-0001 .
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 8th day of October, 2024.
Resolution No. 4497
GPA 2024-0001
Page 3
ERIC HIGUCHI
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4497 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of
October, 2024.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT 12A - DRAFT CITY COUNCIL
RESOLUTION NO. 24-79
RESOLUTION NO. 24-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2024-0001 ,
FOR MINOR TEXT AMENDMENTS TO ENSURE CONSISTENCY WITH
THE PROPOSED ZONE CHANGE 2024-0001 (HOUSING ELEMENT
SITE 17 - ENDERLE CENTER) AND SPECIFIC PLAN AMENDMENT
2024-0001 (HOUSING ELEMENT SITE 18 — MARKET PLACE) TO
IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE
6T" CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN -
(GENERAL PLAN AMENDMENT 2024-0001)
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That the City's 2021-2029 6th Cycle Housing Element of the General Plan
(Housing Element) was certified by the California Department of Housing
and Community Development in October 2022. The Housing Element
contains the goals and policies the City intends to implement to address
several housing-related issues.
B. That the Housing Element sets forth a Housing Implementation Program
that provides for specific actions the City intends to undertake to achieve
the goals and policies of the Housing Element.
C. That pursuant to Housing Element programs 1 .1(b), 1 .1(f), and 1 .1(g), a
General Plan Amendment 2024-0001 was initiated by the City to establish
that higher density residential uses are allowed in the Planned Community
Commercial/Business (PCCB) land use designation when prescribed by a
Housing Overlay (HO) or a Specific Plan (SP).
D. That the proposed change to the General Plan land use designation would
allow for the development of high density residential development.
E. That pursuant to the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et seq.), the City of Tustin, as lead
agency, determined that an Environmental Impact Report (EIR) was
prepared to analyze all potential adverse environmental impacts of each
rezone site for the General Plan Amendment.
F. That all of the requirements of CEQA and the State CEQA Guidelines
have been satisfied by the City of Tustin in the EIR, which is sufficiently
detailed so that all of the potentially significant environmental effects of the
Proposed Project have been adequately evaluated; and
Resolution No. 24-79
Page 2
G. That the EIR prepared in connection with the Proposed Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Proposed Project's potential environmental
impacts and a range of feasible alternatives capable of eliminating or
reducing these effects in accordance with CEQA and the State CEQA
Guidelines; and
H. That the proposed GPA 2024-0001 is consistent with the following
General Plan Land Use goals and policies:
1 . 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. Policy 1 .5: Encourage compatible and complementary infill of
previously by-passed parcels in areas already predominately
developed.
3. Policy 1 .7: As part of the City's attraction to business and industry,
provide adequate sites to house future employees.
4. Policy 1 .10: Ensure that the distribution and intensity of land uses
are consistent with the Land Use Plan and classification system.
5. Goal 2: Ensure that future land use decisions are the result of
sound and comprehensive planning.
6. Policy 2.2: Maintain consistency between the Land Use Element,
Zoning Ordinances, and other City ordinances, regulations and
standards.
I. That the proposed GPA 2024-0001 is consistent with the General Plan
Housing Element Goal 1 in that GPA 2024-0001 would facilitate the
provision of 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 and supports State Housing Law as implemented by the
Regional Housing Needs Assessment (RHNA).
J. That a public hearing was duly called, noticed and held for GPA 2024-
0001 on September 24, 2024 by the Planning Commission. At that time,
the Planning Commission continued the public hearing to October 8, 2024.
Resolution No. 24-79
Page 3
K. That a public hearing was duly called, noticed and held for GPA 2024-
0001 on October 8, 2024 by the Planning Commission.
L. That the Planning Commission has considered the EIRs along with their
respective MMRPs in its recommendation that the City Council approve
GPA 2024-0001 .
M. That on 2024, the Tustin City Council adopted Resolution
No. 24-_ certifying the Final EIR in compliance with CEQA and the
CEQA Guidelines, and the Findings of Fact, Mitigation Monitoring and
Reporting Plan and Overriding Considerations for Zone Change 2024-
0001 (Housing Element Site 17 — Enderle Center), including GPA 2024-
0001 .
N. That on 2024, the Tustin City Council adopted Resolution
No. 24-_ certifying the Final EIR in compliance with CEQA and the
CEQA Guidelines, and the Findings of Fact, Mitigation Monitoring and
Reporting Plan and Overriding Considerations for Specific Plan
Amendment 2024-0001 (Housing Element Site 18 — Market Place),
including GPA 2024-0001.
O. That a public hearing was duly called, noticed and held by the Tustin City
Council on , 2024, and GPA 2024-0001 prepared in support of
the Housing Element Rezone project was considered;
II. The City Council hereby approves General Plan Amendment 2024-0001 attached
hereto as Exhibit 1.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the
_tn day of , 2024.
AUSTIN LUMBARD
MAYOR
ERICA N. YASUDA
CITY CLERK
STATE OF CALIFORNIA )
Resolution No. 24-79
Page 4
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 24-79 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the -th day of
, 2024, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCIL MEMBER ABSENT.
ERICA N. YASUDA
CITY CLERK
Attachment:
1. General Plan Amendment (GPA) 2024-0001 including text amendments within the
Land Use Element.
EXHIBIT 12B
TEXT AMENDMENT
TABLE I-2
GENERAL PLAN AMENDMENTS
Amendment Name Date of Affected Amendment Description
Adoption Elements
2024-0001
Housing Element Rezone XX/XX/24 Land Use Resolution No.24-XX
Project
2022-0001
17802&17842 Irvine 01/17/23 Land Use Resolution No.23-02
Boulevard
2019-00001
1042&1052 San Juan Street 03/02/21 Land Use Resolution No.21-13
2016-00001
Red Hill Avenue Specific 10/16/18 Land Use Resolution No.18-74
Plan
2018-00001
Downtown Commercial 06/19/18 Land Use Resolution No.18-32
Core Specific Plan Circulation
Land Use
15-002 Circulation
05 17 Conservation/0 Resolution No. 17-23
Tustin Legacy Specific Plan 07/ / penSpace/Recce
Amendment 2015-01 ation
Public Safety
2013-01 05/13/13 Land Use Resolution 13-33
SOCCD Amendment Circulation
01 All except
t
2Geneerral Plan Amendment 11/20/12 Growth Resolution 12-103
Management
09-001
Housing Element Update 06/16/09 All Resolution 09-33
08-001
Housing Element Update 6/17/08 All Resolution 08-43
and MCAS General Plan
Cleanup
07-001 12-04-07 Land Use Resolution 07-94
13841 Red Hill Avenue
06-002 14092 Browning Avenue 1002 06 Land Use Resolution 06-118
/ /
02-002
Library 9-19-05 Land Use Resolution 05-101
05-001
El Camino Real Reclass. 4-18-05 Circulation Resolution 05-62
CITY OF TUSTIN INTRODUCTION
GENERAL PLAN 11 TT Trim XXXXXX
TABLE I-2
GENERAL PLAN AMENDMENTS
Amendment Name Date of Affected Amendment Description
Adoption Elements
04-001 All,except
in
Columbus Grove Reorg. 2-22-05 Growthg and Resolution 05-43
Management
03-001
Newport Avenue 12-01-03 Land Use Resolution 03-131
New
02-001
Housing
2-04-02 Housing Housing Element Update g Resolution 02-09
00-001 Planning policies and
programs for future
MCAS Tustin Specific Plan/ All development of MCAS Tustin
Reuse Plan property following base
closure
99-003 17241 Irvine Boulevard 7-03-00 Land Use Resolution 00-48
99-002 1101 Sycamore Avenue 5-21-01 Land Use Resolution 01-58
99-001 Circulation
15500 Tustin Village Way 3-1-00 Land Use Resolution 99-22
98-002 Circulation Land
15580 Tustin Village Way 1-19-99 Use Resolution 99-10
96-003
Lot 27 Tract 13627; 7-21-97 Land Use Resolution 97-59
Commercial to
Residential
96-002
1062-1082 Wass St;Low
Density Residential to 5-6-96 Land Use Resolution 96-48
Medium Density
Residential
95-001
Warner/Jamboree; 1-2-96 Land Use Resolution 96-3
Military to Industrial
94-001
Lot 6,Tract 12870;P&I to
PCR Portion of Lot 27 11-20-95 Land Use Resolution 95-114
Tract 13627;PCCB to PCR
CITY OF TUSTIN INTRODUCTION
GENERAL PLAN 12 TT Trim XXXXXX
community such as schools, churches, child care centers,
transportation facilities,public buildings and facilities,public utilities,
libraries, museums, art galleries, community theaters, hospitals,
cultural and recreational activities,community recreational facilities,
and parks. Certain public institutional uses may be permitted within
other land use designations when determined appropriate. In
addition, land uses which support and are specifically related to the
function of the primary institutional use may also be permitted.These
support uses may include residential (for purposes of housing
persons related to an institutional use),retail and service commercial,
and industrial uses (e.g., warehousing for a city yard facility). The
standard intensity of development is a floor area ratio of 0.2:1 and the
maximum intensity of development is a floor area ratio of 0.6:1.
Planned Community (PC) Designations
PC Residential: The PC Residential land use designation allows for
the diversification in the relationships of various densities, building
and open spaces.The land use designation recognizes that mixed and
integrated uses can be made to be compatible and provides for the
development of low, medium and high density residential
development within a wide range of living accommodations. Single
family dwellings and multi-family dwellings such as duplexes,
condominiums, townhomes, apartments, cooperatives, community
apartments and uses such as such as public/institutional facilities,
churches,schools,large family day care facilities and others which are
determined to be compatible with and oriented toward serving the
needs of residential neighborhoods may also be allowed. The actual
mechanism for defining location, density range and other building
intensity standards will specifically be governed by Planned
Community District provisions or adoption of a Specific Plan as
authorized by the California Government Code. The average
population is approximately 3.25 persons per dwelling unit for low
density development representing a population density range of 2 to
23 persons per acre; 2.73 persons per dwelling unit for medium
density development representing a population density range of 2 to
41 persons per acre; and 2.12 persons per dwelling unit for high
density development representing a population density range of 2 to
53 persons per acre.
PC Commercial/Business:The PC Commercial/Business designation
provides opportunities for a mixture of all those activities permitted
CITY OF TUSTIN LAND USE ELEMENT
GENERAL PLAN 42 ^T Tr'T �xxxxxx
within the Community Commercial, Professional Office, and
Industrial land use designations.To ensure compatibility of land uses
permitted within the classification,with the character of surrounding
development and within a development area itself,location,land use
type, density and building intensity standards will be speEifkally be
governed by Planned Community District provisions or adoption of a
Specific Plan as authorized by the California Government Code. The
Planned Community Commercial designation may also permit other
uses (such as residential uses) which support this land use
designation. The standard intensity of development is a floor area
ratio of 0.4:1 and the maximum intensity of development is a floor
area ratio of 1.5:1.The overall population density range for residential
use within the PC Business/Commercial designation is 2 to 54
persons per acre,or higher when authorized pursuant to an adopted
Specific Plan or HousingOverlay verlay (HO) District.
PC Public/institutional: The PC Public/Institutional designation
includes a wide range of public and quasi-public uses distributed
throughout the community such as schools, churches, child care
centers, transportation facilities, government offices and facilities,
public utilities,libraries,museums,art galleries,community theaters,
hospitals, cultural and recreational activities including golf
course/driving ranges, community recreational facilities, public
parklands and indoor and outdoor sports/athletic facilities.To ensure
compatibility of land uses permitted within the classification,with the
character of surrounding development and within a development
area itself, location, land use type, density and building intensity
standards will be specifically be governed by Planned Community
District provisions or adoption of a Specific Plan as authorized by the
California Government Code. The Planned Community
Public/Institutional designation may also permit other uses (such as
residential for purposes of housing persons related to an institutional
use)which support this land use designation. The standard intensity
of development is a floor area ratio of 0.2:1 and the maximum
intensity of development is a floor area ratio of O.H. The overall
population density range for residential use within the PC
Public/Institutional designation is 2 to 54 persons per acre.
Tustin Legacy Specific Plan (formerly WAS Tustin Specific Plan)
Designation
CITY OF TUSTIN LAND USE ELEMENT
GENERAL PLAN 43 ^T Tr'T �xxxxxx
Table LU=3
Future Land Use Density/Intensity and Population Capacity of the Land Use Plan
rosy woes rosy woes Gross Dwelling Dwelling Dwelling e e Population
rporated Dn mated Total n�s s Fo F o s mated s mated s mated s mated a j.— aajm
Area Area Plarming rpoated Una mated Total rporoated Una mated Total aeons a ,.,.on ,.,.on ,.,.on ,.,.on s mated s mated
ea ea Plarming ea ea Plarming Dwdling ryorated Una mated Total rporated opnlation opnlation
ajm Lvd UseGronpingsand (A) (,I) (C) (ow") (0-10 -11 Area Area Plarming C,mt, C,ml
]and Use Desgnations (N) (D) (D) (OW 4) Area ow .,b rpoated T..
(D) L(E) (E) Plarming
w -NAesida�tial(t-]del) _ 32103 6, _ —98 —20
bledmn Dawty Aesidmeal(9-15ddn) _ _ - 1221 31221 t025s6 1221 4,1225
.gn Dawty Aesia—(ti25da/) _ _ 22045 ,
binblexome Park 1-lo anise
mnm medal 114 5 00 114 5 1,596 0 1,596
Rofewonal OtSce
ma sm
—licMsfituaonal 3221
249
a® omm tc��la
ow Aesiaavial11,192
-blalio.Dmvn A®aawal 470_3 58_2 528 5 3,690 454 4,144 273123916,773
1 Igb Dawn Aedaavid 291_7 3041 4,397 2212 9234 e] 9,321 e,992 9,696 1436e 10,945
mmadnlBoslnessea _ _9 119 1313 t3t310,845 1,197 11042
PubliNnni—.A
ota 'i}91a —%3.6 ILI4141ggaxe a,xxs 31wa 12,a99 U338 13a,354
�r»�earyry� s aammanm aoa-aadmeai.m unu�aw�aammc .a �ws s ammoa of s a r .m.�e<rm
an w
s y oa.mdmea� oan� [a to m,zw�.ow D.earyen ma,tc 1nnnw1bdmm Dmdryen mma,w94 do,nnwt�n Dearyemdmdq
DmdhemdmdA3?m Dmiryenamwssi,n»danewxnbammumarr,+aa Dodone
u saanr u- _ ie��h(F-.v9w
_awwi=uoagjw ear ws twmnm�otmn as w e<o[mn
am�;rymaunwrynadics�d�ivo€udiea mmnnn _ s Pa m�m�damtisa�awaeam.a.mm mn�eso¢oD1�nD�geaadmd>vem
-Al 11—
m vma(br mmmU
mp..ayma �eeoa Dmdhem
um:ry _ xtFsn ueah�m�clns<daatiesn�netan wgm n�mc�ud9'.w9 tc tes um:ry.
am dr ma 4m e.e1e mm�mm ammmda:cnx�mum Dmdry
m,wwvem �mmamaw,olmawmoaamnr� s>=y«y wcr nn.ana y mmn cnya
- wwGdm ,sesnaa mmm�we�mny�nFcomxm v,zoo9.
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ATTACHMENT 13
PUBLIC COMMENTS AND RELATED FEEDBACK
• EXHIBIT 13A - PETITION REGARDING ENDERLE
CENTER
• EXHIBIT 13B - PUBLIC INPUT FROM VICKI TRAN
• EXHIBIT 13C - PUBLIC INPUT FROM MARGARET EREL
EXHIBIT 13A
PETITION REGARDING ENDERLE CENTER
STOP the ReZoning of Enderle Center (17350 17th St.
LTustin) for potential, future high-density, housing.
Due to a state mandate for more housing, the city chose Enderle as a site to rezone which
could eventually become high-density units, to include affordable housing. Many
residents would like the city to choose another site in Tustin that may have less
community impact. Though the Enderle family hasn't decided to sell, an
IE
development planned, the housing site could become a reality in the fut30 ""o °
AUG 14 2024
Why some residents oppose the rezone project: USTIN CITY CLERK'S OFI•ICE
- More traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional" community with ability to "wain"to the
only upscale restaurants and retail establishments in Tustin. Rezoning would leave average strip
mail dining and force residents to drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades,
taking pride in ownership. Please do not degrade the area to a lower standard, which will lower
resident's "net worth" and will create a less desirable part of town to live.
- Residents would prefer the city to rezone another area with less local impact.
There are still upcoming public meetings where you can join or make
comments. The only way to stop the rezone is to be heard with continued
involvement.
Please pass this along to neighbors as flyers are limited
Join virtually or listen to a Planning Commission Meeting: 2nd and 41h
Tuesday of each month. 7 pmo City of Tustin/ Meetings and Agendas/
Planning Commission
The city will have more rezoning discussions in September and beyond.
Website Info: Go to City of Tustin/ Departments/ Community Development/ Planning/
Current Projects/ Housing Element Rezone Project.
Other possible sites: Key Inn Motel on El Camino Real, Red Hill and El Camino both sides of
street, Bel Air Motel 11t St, Packers Square on Irvine/Newport, Red Hill/Santa Fe, Red
Hill/McFadden, Red Hill/Mitchell, Red Hill/Walnut, 14851 empty facility Yorba/11t, El
Camino/Newport, El Camino Plaza, Aldi Mkt/Irvine Blvd., 15641 Red Hill
STOP the Rezoning of Enderle Center(1735017th St, Tustin) for potential,future high-density high-densi!y housing.
Planning Commission: Eric Fliguchi (Chairperson) Amy Masan(Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high
density units, to include affordable housing. Many residents would like the city to choose may
have less community impact. Though the Enderle family hasn't decided to sell, and there i7nov e ID d,the
housing site could become a reality in the future. 14 Z024
Why many Tustin residents oppose the rezone:
Possibly more traffic, longer commute times and possibly lower property values. CLERK'S OFFICE
- Neighborhoods near Enderle are part of a "functional" community with ability to"walk" to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking pride in ownership.
Please do not degrade the area to a lower standard,which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : ,Address email or hone: Si nature:
'Rr
y
qm Yhwl
1
STOP the Rezoning of Enderae-Center(17350171h St, Tustin)for potential,future h:igh-densky housing..
Plannimg Commission: Eric Higuchi(Chairperson) -Amy Masan(Commissioner)
Tanner Douthit (Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units, to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact.Though the Enderle family hasn't decided to sell, and there is no development planned,the
housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to "walk" to some of the only upscale
restaurants and retail establishments In Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades,taking pride in ownership.
Please do not degrade the area to a lower standard, which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of.End.erle Center for high-density apartments
Name : Address/email or phone: Signature;
M
i?t3't\N=WN Mf
rA i • m
NC LS L�, 1_5
1 - rir
rT (C rC r
pq �'
STOP the Rezoning of Enderle Center(1735017t"St,Tustin)for potential,future hilth-densit housin
Planning Commission: Eric Higuchi(Chairperson) Array Mason(Commissioner)
Tanner Douthit (Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units, to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact. Though the Enderle family hasn't decided to sell, and there is no development planned, the
housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute ti[Ties and possibly lower property values.
Neighborhoods near Enderle are part of a "functional" community with ability to"walk"to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking pride in ownership.
Please do not degrade the area to a lower standard, which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : Addres /emai'I o phon Si nature:
A
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-A- AA V,
4Y Cw 4 f' U iA e,(-�fY 1 �
JeCl n n e. mi l-e k_-A( f
1V)iA jQc ,L,,a Audi l
STOP the Rezoning of Enderle Center(17350171h St,Tustin)for potential,future high-densl!y housin
Planning Commission: Eric Higuchi(Chairperson) Amy Mason (Commissioner)
'fanner Douthit (Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units,to include affordable housing, Many residents would like the city to choose another site In Tustin that may
have less community impact,Though the Enderle family hasn't decided to sell,and there is no development planned, the
housing site could become a reality in the future,
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to "walk"to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mail dining and force residents to
drive to the other side of town for stand-alone restaurants,
- Everyone has worked hard to live in this neighborhood and many have lived here for decades,taking pride in ownership.
Please do not degrade the area to a lower standard, which will lower resident's "net worth"and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with ss local Impact.
Please sign below If you would like to stop the rezone of Enderle Center for high-density a a ments
Name ; Address/email or phone; Signat 4:
V Y ��
G b ne..�_voo`I� raw .
0A ak koeqw
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STOP the Rezonina of Enderle Center(17350 17th St,Tustin)for potential,future high--density housin
Planning Commission; Eric Miguchi(Chairperson) Amy Mason(Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing, the city chose Enderle as a site to rezone which could eventually became high-
density units,to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact. Though the Enderle family hasn't decided to sell,and there is no development planned,the
housing site could become a reality in the future,
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to"walk"to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mail dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades,taking pride in ownership.
Please do not degrade the area to a lower standard,which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below If you would like to stop the rezone of Enderle Center for high-density apartments
Name : Address/email or hone: Si nature:
�I --SCC'7'T�
V
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t`--'I V' N c 4
MVVI
fLLA de's
STOP the Rezoning of Enderle Center(1735017th St, Tustin) for potential,future high-density housing,
Planning Commission: Eric Higuchi (Chairperson) Amy Mason (Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units, to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact. Though the Enderle family hasn't decided to sell, and there is no development planned, the
housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to "walk"to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades, tatting pride in ownership.
Please do not degrade the area to a lower standard,which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : Address/emaiI or phone: Signature:
)1AV1)1i r J
Da I
M:t""f. Mcc KvveGr
STOP the Rezoning of Enderle Center(17350 171" St,Tustin) for potential,future high-density housing,
Planning Commission: Eric Higuchl(Chairperson) Amy Mason(Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units,to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact.Though the Enderle family hasn't decided to sell, and there is no development planned, the
housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values,
- Neighborhoods near Enderle are part of a "functional"community with ability to"walk"to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking pride in ownership.
Please do not degrade the area to a lower standard,which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : Address/email or phone: Signature:
4�Anbjl 12.
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Arof�21
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Planning Commission: Eric Higuthi (Chairperson) Amy Mason(Commissioner)
Tanner Douthit(Chair Pro Tern) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units,to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact, Though the Enderle family hasn't decided to sell, and there is no development planned,the
housing site could became a reality in the future.
Why many Tustin}residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to"walk"to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking pride in ownership,
Please do not degrade the area to a lower standard,which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : Address/email or phone: Signat
r*
L �y � Ise e-
y
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STOP the Rezoning of Enderle Center(17350 17th St, Tustin)for potential,future high-density housin
STOP the Rezoning of Enderle Center (17350171h St,Tustin) for potential,future high-density housing.
Planning Commission: Eric Higuchi (Chairperson) Amy Mason (Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units, to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact.Though the Enderle family hasn't decided to sell, and there is no development planned, the
housing site could become a reality in the Future.
Why many Tustin residents oppose the rezone;
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near En are part of a "functional"community with ability to "walk"to some of the only upscale
restaurants and retail u: tabl,,hrnents in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of tovin for stand-alone restaurants.
- Everyone has worked hard tc+ live in this neighborhood and many have lived here for decades, taking pride in ownership.
Please do not degrade the area to a lower standard, which will lower resident's "net worth"and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name ; ail or Done: Si na ure:
�D 4 coals
LA L/c r] Cra5r,�L:o ,.SKI
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STOP the Rezoning of Enderle Center (17350 17'� St, Tustin)for potential, future high-density housing
Planning Commission: EhcHiguchi (Chairperson) Amy Mason(Commissioner)
Tanner Douthit (C hair Pro Tern) David Mello(C4mnnissiDner)
Steve Kozak(Comnnissioncr)
Due to state mandate for more housing,the city chose Ender|e as aaite to rezone which could eventually become high-
density units, to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact. Though the Endede family hasn't decided to sell, and there isnmdevelopment planned, the
housing site could become o reality in the future.
Why many Tustin residents oppose the rezone:
Possibly more traffic, longer commute times and possibly lower property values.
' Ne|QhborhuudomearEndeMearepartofa "functiona|'' cornmun1tywithmb||ityto"m@lk"toxonOe of the only upscale
restaurants and retail establishments in Tustin- Rezoning would leave average strip me|| dining and force residents to
drive tothe other aide of town for stand-alone restaurants.
' Everyone has worked hard to |ive in this neighborhood and many have|ived here for decades, taking pride |n owneohip.
Please do not degrade the area to a lower standard,which will lower resident's "net worth" and will create a less
desirable part oftown to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : Address/email orphone; Signature;
Planning Commission: Eric Higuchi(Chairperson) Amy Masora(Commissioner)
Tanner Douthit (Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units,to include affordable housing. Many residents would like the city to choose another site In Tustin that may
have less community impact. Though the Enderle family hasn't decided to sell, and there is no development planned,the
housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional" community with ability to "walk" to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking pride in ownership.
Please do not degrade the area to a lower standard,which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : Address/email or phone: signature:
c)A�1 , -
A L ,:j
STOP the Rezoning of Enderle Center (17350 17th St,Tustin)for potential,future high-density housin
Planning Commission: Eric Higuchl(Chairperson) Amy Mason(Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello{Commissioner}
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
denslty units, to include affordable housing. Many residents would like the city to choose another site In Tustin that may
have less community impact. Though the Enderle family hasn't decided to sell, and there is no development planned, the
housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderie are part of a "functional"community with ability to "walk"to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to five in this neighborhood and many have lived here for decades,taking pride in ownership,
Please do not degrade the area to a lower standard,which will lower resident's"net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Nameff: Address/email or phone: Si nature:
�Q�iarr l'"t�je►r 1 G
"On �L S
AK
�311 SU 610
m
STOP the Rezoning of Enderle Center (1735017th St,Tustin) for potential,future_high-densitrr hausin .
Planning Commission: Eric Higuchi(Chairperson) Amy Mason (Commissioner)
'Fanner Douthit (Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing, the city chose Enderle as a site to rezone which could eventually become high-
density units,to Include affordable housing, Many residents would like the city to choose another site In Tustin that may
have less community impact,Though the Enderle family hasn't decided to sell,and there Is no development planned,the
housing site could become a reality In the future.
Why many Austin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to "walk"to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades,taking pride in ownership.
Please do not degrade the area to a lower standard,which will lower resident's"net worth"and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for hlgh-density apartments
Name : Address/email or phone: Signature:
/ A) ex) 4r-'
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Planning Commission: Eric Higuchi(Chairperson) Amy Mason (Commissioner)
Tanner Douthit (Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units,to Include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact.Though the Enderle family hasn't decided to sell, and there is no development planned,the
housing site could become a reality in the future.
Why many Tustin residents oppose the rezone!
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to "walk" to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
Everyone has worked hard to live in this neighborhood and many have lived here for decades,taking pride in ownership.
Please do not degrade the area to a lower standard,which will lower resident's"net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would.Like to stop the rezone of Enderle Center for high-density apartments
Dame : - Address email or hone:
SICAk,lel_ PVL)je,1L
v^
STOP the Rezoning of Enderle Center(1735017th St, Tustin)for potential,future high-density housing,
STOP the Rezoning of Enderle Center(17350 1714 St,Tustin)for potential,future high-density housin
Planning Commission: Eric Higuchi(Chairperson) Amy Mason(Commissioner)
Tanner Douthit (Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units, to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact. Though the Enderle family hasn't decided to sell,and there is no development planned,the
housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional" community with ability to"walk" to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of fbwrrfor stand-alone restaurants.
- Everyone has worked hard to iive in this neighborhood and many have lived here for decades, taking pride in ownership.
Please do not degrade the area to a lower standard, which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with iess local impact.
Please sign below if you would like to stop the rezone of Enderle.Center for high-density apartments
Name : Address/email or phone: Si nature:
/ivl
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STOP the Rezo► ina of Enderle Center(17350 17* St, Tustin)for potential,future high-density housing.
Planning Commission: Eric Higuchi(Chairperson) Amy Mason(Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units, to include affordable housing, Many residents would like the city to choose another site in Tustin that may
have less community impact. Though the Enderle family hasn't decided to sell, and there is no development planned,the
housing site could became a reality in the future.
Why many Tustin residents appose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional" community with ability to"walk" to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking pride in ownership.
Please do not degrade the area to a lower standard, which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would preferthe city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Dame : Address/email or phone: Signature;
C
Planning Commission: Eric liiguchi (Chairperson
) Amy Masan(Commissioner)
Tanner Oouthit{Chair pro Term David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing, the city chose Enderle as a site to rezone which could eventually become hl h-
density units,to include affordable housing. Many residents would like the city to choose another site In Tustin that may
have less community impact.Though the Enderle family hasn't decided to sell, and there is no deveio me
housing site could become a reality in the future. p nt planned, the
11Why many Tustin residents oppose the rezone:
Possibly more traffic,longer commute times and possibly lower property values.
Neighborhoods near Enderle are part of a "functional"community with ability to"walk"to some of the only upscale
restaurants and retail establishments in Tustin.Rezoning would leave average strip mail dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live In this neighborhood and many have lived here for decades,taking pride in ownership..
Please do not degrade the area to a lower standard,which will lower resident's"net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would lime to stop the rezone of Enderle Center for high-denslty9 apartments
Name : - ----- - ----Address/email or phone, Signature:
Moo 61
EAR
STOP the Rezoning of Enderle Center(1735017th St,Tustin)for potential,future high-dengW housing
Planning Commission: Erie Higuchl(Chairperson)
Amy Mason(Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high
density units,to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact,Though the Enderle family hasn't decided to sell,and there 1s no development planned,the
housing site could become a reality In the Future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "Functional"community with ability to"walk"to some of the only upscale
restaurants and retail establishments In Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants,
- Everyone has worked hard to live In this neighborhood and many have lived here for decades,taking
pride
Please do not degrade the area to a lower standard,which will lower resident's"net worth"and willl create ia less ownership.
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : l Address/emali or phone: 5i n
�F3eY1�� 0• w�``�a-.�
Akk 0Aj-�� ��
STOP the OfIqnIng of Enderle Center (1735017th St,T'ustin)for potential,future high-dens! ho sin
Planning Commission: Eric Higuchi(Chairperson) Amy Mason(Commissioner)
Tanner Douthit (Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units,to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact.Though the Enderle family hasn't decided to sell, and there is no development planned, the
housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to "walk" to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking pride in ownership.
Please do not degrade the area to a lower standard, which will lower resident's "net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Dame Address/email or phone: Signature:
112 f S
STOP the Rezoning of Enderle Center(173SO 17th St, Tustin) for potential, future high-density housing
Planning Commission: Eric Higuchl(Chairperson) Amy Mason(Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units,to Include affordable housing. Many residents would like the city to choose another site In Tustin that may
have less community Impact.Though the Enderle family hasn't decided to sell,and there Is no development planned,the
housing site could become a reality In the future.
Why marry Tustin residents oppose the rezone:
- Possibly more traffic,longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to "walk"to some of the only upscale
restaurants and retail establishments In Tustin. Rezoning would leave average strip mail dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worsted hard to live in this neighborhood and many have lived here for decades,taking
Please do not degrade the area to a lower standard,which will lower resident's"net worth"and will createride la less
ownership.
desirable part of town to live. Residents would prefer the city to rezone another area with less local Impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name :
bdv Y' 1, -o t--r
U car �^ r
STOP the Rezoning of Enderle Center(1735017' St, Tustin)for potential,future hi h-density housln
Planning Commission- Eric Higuchi(Chairperson)
Amy Mason(Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become high-
density units,to include affordable housing. Many residents would like the city to choose another site in Tustin that may
have less community impact. Though the Enderle family hasn't decided to sell, and there is no development planned, the
housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to"walk" to some of the only upscale
restaurants and retail establishments in Tustin. Rezoning would leave average strip mall dining and force residents to
drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades,taking pride in ownership.
Please do not degrade the area to a lower standard,which will lower resident's"net worth" and will create a less
desirable part of town to live. Residents would prefer the city to rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : Address email
/ bcr _ -
e,. A Ite
STOP the Rezonina of Enderle Center (17350 17th St,Tustin)for potential,future hi h-densi housin
STOP the Rezoning of Enderle Center (17350171h St, Tustin) for
potential, future high-density housing.
Planning Commission: Eric Higuchi (Chairperson) Amy Mason (Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello (Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become
high-density units,to include affordable housing. Many residents would like the city to choose another site in Tustin
that may have less community irnpact.Though the Enderle family hasn't decided to sell, and there is no development
planned,the housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
Possibly more traffic, longer commute times and possibly lower property values.
Neighborhoods near Enderle are part of a "functional" community with ability to "walk" to the only
upscale restaurants and retail establishments in Tustin. Rezoning would leave average strip mall
dining and force residents to drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking
pride in ownership. Please do not degrade the area to a lower standard, which will lower resident's
"net worth" and will create a less desirable part of town to live. Residents would prefer the city to
rezone another area with less local impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : Address/email or phone: Signature:
teb4xZA hL11V\/uarl
Chi t.r fe� h rw11
f`
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STOP the Rezoning of Enderle Center (1735017th St, Tustin) for
potential, future high-density housing.
Planning Commission: Eric Higuchi(Chairperson} Amy Mason(Commissioner)
Tanner Douthit (Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become
high-density units, to include affordable housing. Many residents would like the city to choose another site in Tustin
that may have less community impact.Though the Enderle family hasn't decided to sell,and there is no development
planned,the housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional" community with ability to "walk"to the only
upscale restaurants and retail establishments in Tustin. Rezoning would leave average strip mall
dining and farce residents to drive to the other side of town for stand'-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking
pride in ownership. Please do not degrade the area to a lower standard, which will lower resident's
"net worth" and will create a less desirable part of town to live. Residents would prefer the city to
rezone another area with less local impact.
Please sign below if you would Iike to stop the rezone of Enderie Center for high-density apartments
Name : Address/email or phone: Signature:
r
STOP the Rezoning of Enderle Center (1735017th St, Tustin) for
potential, future high TdenSity housing.
Planning Commission: Eric Higuchi (Chairperson) Amy Mason(Commissioner)
'banner Douthit(Chair Pro Tem) David Melia(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more'housing,the city chose Enderle as a site to rezone which could eventually become
high-density units,to include affordable housing, Many residents would like the city to choose another site in Tustin
that may have less community impact.Though the Enderle family hasn't decided to sell,and there is no development
planned,the housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional" community with ability to "walk"to the only
upscale restaurants and retail establishments in Tustin. Rezoning would leave average strip mall
dining and force residents to drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades,taking
pride in ownership. please do not degrade the area to a lower standard,which will lower resident's
"net worth"and will create a less desirable part of town to live. Residents would prefer the city to
rezone another area with less local Impact.
Please sign below if you would like to stop the rezone of Enderle Center for high-density apartments
Name : Address/email or phone: Sig turee
dvX//i(r
Ar'l r
��4
l�
STOly-the Reronin of Enderle Center (17350 17 thSt, Tustin) for
potential, future high-density housing.
Planning Commission: Eric Higuchi (Chairperson) Amy Mason (Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become
high-density units,to include affordable housing. Many residents would like the city to choose another site In Tustin
that may have less community impact.Though the Enderle family hasn't decided to sell, and there is no development
planned,the Dousing site could became a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
Neighborhoods near Enderle are part of a "functional" community with ability to"walk"to the only
upscale restaurants and retail establishments in Tustin. Rezoning would leave average strip mall
dining and force residents to drive to the other side of town for stand-alone restaurants.
Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking
pride in ownership. Please do not degrade the area to a lower standard,which will lower resident's
"net worth" and will create a less desirable part of town to live. Residents would prefer the city to
rezone another area with less local Impact.
Please sign below If you would like to stop the rezone of Enderle Center for hlgh-density apartments
Name .
A4} - ,�ddc
fit, e o i
�1e��ss�.'�l�►l
STOP the Rezoning of Enderle Center (1735017th St, Tustin) for
potential, future high-density housing.
Planning Commission: Eric Higuchi(Chairperson) Amy Mason(Commissioner)
Tanner Douthit(Chair Pro Tem) David Mello(Commissioner)
Steve Kozak(Commissioner)
AP
Due to a state mandate for more housing,the city chose Enderle as a site to rezone which could eventually become
high-density units,to include affordable housing. Many residents would like the city to choose another site in Tustin
that may have less community impact.Though the Enderle family hasn't decided to sell,and there is no development
planned,the housing site could become a reality in the future.
Why many Tustin residents oppose the rezone:
- Possibly more traffic, longer commute times and possibly lower property values.
- Neighborhoods near Enderle are part of a "functional"community with ability to "walk"to the only
upscale restaurants and retail establishments in Tustin. Rezoning would leave average strip mail
dining and force residents to drive to the other side of town for stand-alone restaurants.
- Everyone has worked hard to live in this neighborhood and many have lived here for decades, taking
pride in ownership. Please do not degrade the area to a lower standard, which will lower resident's
"net worth" and will create a less desirable part of town to live. Residents would prefer the city to
rezone another area with less local Impact.
Please sign below If you would like to stop the rezone of Enderle Center for high-density apartments
Name : Address/email or phone: Signature:
f (l(
EXHIBIT 13B
PUBLIC INPUT FROM VICKI TRAN
Beier, Samantha
From: Vicki Tran
Sent: Sunday, September 15, 2024 9:16 PM
To: Housing Element Rezone
Subject: Re: Housing Element Rezone Project - Notice of Public Hearing
Follow Up Flag: Follow up
Flag Status: Flagged
I also wanted to make a suggestion for an alternative site.
My sister-, an Irvine resident since 1995 and now Tustin resident since 2007 has mentioned
that a good alternative site for the Marketplace buildout would be the center that borders Myford Rd,
Bryan Ave, Tustin Ranch Rd, and El Camino Real. This plaza currently holds Costco in North Tustin, At
Home Stores, McDonald's and some smaller businesses nearby in the area. Other than Costco, its gas
station and maybe McDonalds [Please save these businesses. But in theory, McDonalds could be rebuilt
near the Costco, so that builders would have a larger site for apartments]the other buildings surrounding
it don't have as much value as the businesses at the Marketplace to the entire community, and the
buildings are ACTUALLY in POOR CONDITION! I even stopped by myself today and surveyed the
area. Minus the trees, it's such a large space,with lots of buildings already unoccupied!
By building in this area:
1. It is already surrounding other homes and condos, which just makes more sense.
2. You are dispersing the disruption of building, away from the Marketplace.
3. New residents won't have to compete for school spots with the ones from the Irvine Marketplace.
4. New residents could take the Tustin Ranch exit, as opposed to competing with the 1200+ residents of
the Irvine Marketplace apartments for Jamboree.
5. ALL residents could still enjoy the conveniences of the Marketplace.
Don't be like Irvine. The Marketplace is too valuable to the community for it to be destroyed for
"affordable housing," Of which, usually only 20% is actually allocated to the actual cause. There's
nothing like it in the area, other than the Irvine Spectrum and maybe the District.
To be clear, I AM for affordable housing. I just want it to make sense where it is allocated.
Thankyou,
Vicki Shin
On Fri, Sep 13, 2024 at 4:18 PM Vicki Tran wrote:
Hello,
I won't be able to attend this meeting. However, I do appreciate the inclusion and have concerns over
the Tustin Marketplace buildout:
i
1. Will more good, reputable businesses and buildings be destroyed forth ese apartments like the Irvine
counterpart? They aren't even in terrible or bad condition to consider and MANY frequent the possible
businesses in question on a weekly basis! By getting rid of these businesses,we are diminishing the
quality and convenience of life we have on this side of town.
2. Construction noise, air pollution from builds, and increased traffic that will affects us for months,
maybe even years. We are already experiencing these issues. Adding 1,200 apartments on the Irvine
side and 800 apartments to the Tustin side just doesn't make sense. Where are these 2,000+ people
going to park their cars considering public transportation is virtually nonexistent? Jamboree Rd is
already 4-5 lanes and is already a nightmare to drive even on the weekdays, not to mention the
weekends when out of towners come to shop.
3. Where will all these children go to school? Our schools in West Irvine and North Tustin are already
crowded and are lacking resources to pay for basic school supplies, maintenance, and field trips! My
son's 5th grade class has 35 kids and some of the classes this year have had to do dual grades to
accommodate overflow.
Vicki Shih
Sent from my Pad
On Sep 13, 2024, at 3:33 PM, Housing Element Rezone
<housingelementrezone(a)tustinca.org>wrote:
Good Afternoon,
As someone who has shown interest in the City of Tustin's Housing Element Rezone
Project, we are reaching out to keep you informed about this project. Please see the
attached notice announcing that the City of Tustin, California, will hold a public
hearing before the Tustin Planning Commission, to review the Final
SupplementaVFinal Environmental Impact Reports for Tustin Legacy, Enderle Center,
and Tustin Market Place.
Meeting Information:
Date: Tuesday, September 24, 2024
Time: 7:00 p.m.
2
Location: City of Tustin Council Chamber, 300 Centennial Way Tustin, CA 92780
Virtual Participation via Zoom: https:Hzoom.us/join I Meeting ID: 884 1331 3384 1
Passcode: 363248
Document Availability:
The Planning Commission meeting agenda and associated staff reports will be made
available at Least 72 prior to the hearing, and are available on the City's Website:
https://www.tustinca.org/282/Meetings-Agendas. Additional documentation and
Housing Element Rezone project information can be found here:
www.tustinca.org/housingeLementrezone.
Questions, or requests for additional information, can be directed to
HousingELementRezone(a)tustinca.org
Thank you,
<image001 Jpg> City of Tustin Planning Division
300 Centennial Way, Tustin, CA 92780
P: 714-573-3140 1 F: 714-573-3113
Tustin Planning(cbtustinca.org I tustinca.orq
<PHN 09-12-24 HOUSING ELEMENT REZONE PROJECT.pdf>
3
EXHIBIT 13C
PUBLIC INPUT FROM MARGARET EREL
Beier, Samantha
From: Margaret Erel
Sent: Wednesday, September 25, 2024 6:52 PM
To: Housing Element Rezone
Subject: Enderle Center Rezone
Hello,
I'm writing to oppose the rezoning of Enderle Center. I'm a homeowner at the- community
across the street.The proposal to add 413 units with parkingwill negatively impact our neighborhood by
increasing traffic and reducing our quality of life. I'm happy to support affordable housing near my home-
itjust can't be this many units, the area can't support it.All of our neighbors oppose this project as well.
Finally, I'd like to point out that the state does not require 2 parking spaces per unit.This is egregious.
Thankyou,
Margaret Erel
i