HomeMy WebLinkAboutPC RES 4498 Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE
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.
Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE
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
Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE
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 8t" day of October 2024.
Signed by:
0
D148F2601EF34A4...
ERIC HIGUCHI
Chairperson
Signed by:
E
u r u -4. In'� &ow
ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
APPROVED AS TO FORM:
ESigned by:
kid v�k
343ADCC695E946B...
MICHAEL DAUDT
Assistant City Attorney
Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE
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 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:
guru -4. o
ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Exhibit A: 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 _t" 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