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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. Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE 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 Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE 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. Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE Resolution No. 4495 Page 4 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: D148F2601EF�34A4... ERIC HIGUCHI Chairperson Signed by: E u -4. O Qk c.s.w�, ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: Signed by: vat�-k 343ADCC695E946B... 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: E U -4. O Qk c.s.w�, 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: