HomeMy WebLinkAboutPC RES 4495 Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE
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, 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.
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.
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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
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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.
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Resolution No. 4495
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PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 8t" day of October 2024.
Signed by:
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ERIC HIGUCHI
Chairperson
Signed by:
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JUSTINA L. WILLKOM
Planning Commission Secretary
APPROVED AS TO FORM:
Signed by:
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MICHAEL DAUDT
Assistant City Attorney
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: HIGUCHI, KOZAK, MASON, MELLO (4)
PLANNING COMMISSIONER NOES: DOUTHIT (1)
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
Signed by:
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ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Exhibit A - Draft Ordinance 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: