HomeMy WebLinkAboutRESPONSE TO CHAIR HIGUCHI'S QUESTIONS From: Willkom,Justina
Cc: Willkom.Justina; Hurtado.Vera; Eastman.Jay; Michael S. Daudt;Beier.Samantha
Subject: September 24,2024 Planning Commission Meeting- Housing Element Rezoning
Date: Monday,October 7,2024 4:25:30 PM
Hello Commissioners,
Please see below in response to Chair Higuchi's questions:
• Can the City go back right now and revisit the HE sites inventory to reduce the units at
the Enderle Center and increase the units at another underutilized property or parcel?
Or do we have to wait for a certain date?
Short Answer: Unfortunately, State law requires that we complete the rezoning
specified in our Certified Housing Element no later than February 15, 2025 (3 years
+120 days from October 15, 2021). Therefore, it is not possible for us to identify
another site and obtain HCD certification prior to February 2025 deadline.
The challenge is that HCD's certification considers the location of rezone sites in
the City, in terms of adequacy, suitability, infrastructure availability, consistency
with Affirmatively Furthering Fair Housing, environmental constraints, distribution
of the total number of units, and the distribution of income categories. (In fact,
when the City prepared its initial draft Sites Inventory, we had placed all of the
"rezone units"within Tustin Legacy. But based on public comment and HCD's
feedback that housing needed to be more equitably distributed, the City Council
added the Enderle Center and the Tustin Market Place.)
Therefore, to select an alternate site and change the distribution of housing would
require that a Revised Housing Element be submitted to HCD for review and "re-
certification". At best it would take six (6) months to one (1) year to prepare a
Revised Housing Element. This includes (1) identifying another site(s) that meets
the State's rezoning criteria, (2) revising the Housing Element document, (3)
conducting the statutory 90 day tribal notification, and (4) obtaining Planning
Commission and Council approval. We would then need to submit the Revised
Housing Element to HCD, and they have at least 60 days to review and
certify/deny.
• What happens if the Re-Zone isn't completed by deadline implemented by the state?
o The HCD may decertify a housing element if a local government fails to complete
rezoning by the state-mandated deadline. The HCD may also notify the local
government that the California Office of the Attorney General has been notified
of a violation.
• Builder's Remedy: A state law that allows developers to bypass local zoning
requirements and get housing projects approved. This can lead to projects that
are inconsistent with the community's planning standards.
a Loss of state funding: The jurisdiction will lose state funding for housing and
infrastructure.
• Loss of permitting authority: The jurisdiction may lose the authority to issue
building permits, grant zoning changes, or approve variances or subdivision
maps.
• Litigation: The jurisdiction may be sued by housing rights organizations,
developers, or the California Department of Housing and Community
Development (HCD). The jurisdiction may have to pay attorney fees to the
plaintiff's attorneys.
• Mandatory compliance: The jurisdiction may be required to comply with the
state's housing element within a certain time frame.
a Cal. Gov. Code § 65585(I)(1) defines an escalating structure of fines with
a minimum amount of$10,000 per month and a maximum of$100,000 per
month. Continued failure to achieve a certified Housing Element allows the court
to multiply the fines by a factor of three per month and later a factor of six per
month.
Please let me know if you have any questions.
Thank you,
Justina
Justina Willkom
Community Development Director
300 Centennial Way,Tustin,CA 92780
P:714-573-31151F:714-573-3113
MAIlkorn5tustinca.ora I tustinca.ora
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