HomeMy WebLinkAboutPC RES 4501 Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE
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, -077 -117 -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.
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Resolution No. 4501
SPA 2024-0001
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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:
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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.
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Resolution No. 4501
SPA 2024-0001
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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.
I. 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 8t" day of October 2024.
Signed by:
D148F2601EF34A4...
ERIC HIGUCHI
E
Signed by: Chairperson
ED45DA2623654A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE
Resolution No. 4501
SPA 2024-0001
Page 5
APPROVED AS TO FORM-
Signed
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YvUI�(�t�l� OMP
343ADCC695E9469...
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. 4501 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:
�u ,u 0
-ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Exhibit A: 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 1.1b 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 _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. 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