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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. Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE Resolution No. 4501 SPA 2024-0001 Page 2 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: Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE 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. Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE Resolution No. 4501 SPA 2024-0001 Page 4 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 �A ' Iwby: / ' A 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