HomeMy WebLinkAboutDRAFT RESOLUTION SUBMITTED BY COUNCIL MEMBER FINKRESOLUTION NO.25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN PURSUANT TO GOVERNMENT CODE, § 65583.4,
SUBD. (B), RELATING TO THE ADOPTION OF ZONING
AMENDMENTS TO CONFORM TO THE CITY'S HOUSING
ELEMENT TO MEET THE CITY'S HOUSING
ALLOCATION PURSUANT TO THE REGIONAL HOUSING
NEEDS ASSESSMENT (RHNA)
WHEREAS, the City of Tustin adopted a revised Housing Element on October 4, 2022. The
Department of Housing and Community Development approved the plan on October 10, 2022;
and
WHEREAS, pursuant to Government Code, § 65583.4, subd. (a), Tustin currently has until
February 12, 2025, to complete any rezonings required by the adoption of the revised Housing
Element; and
WHEREAS, pursuant to Government Code, § 65583.4, subd. (b), the February 12, 2025, deadline
for "shall be extended by one year if the local government has completed the rezoning at densities
sufficient to accommodate at least 75 percent of the units for low- and very low-income
households" and if the City Council determines following a public hearing that the City has been
unable to complete the rezoning because of the action or inaction beyond the control of the City
of any state, federal, or local agency; and
WHEREAS, on November 19, 2024, and December 17, 2024, the City Council held a public
hearing to consider changes to the City's zoning to comply with the requirements of the Housing
Element; and
WHEREAS, on January 7, 2025, the City Council adopted the second reading of ordinances to
amend the City's zoning, including changes to the Tustin Legacy Specific Plan and the East Tustin
Specific Plan (i.e. Tustin Ranch); and
WHEREAS, the adoption of ordinances amending the City's zoning resulted in the City having
completed the rezoning in conformance with the Housing Element sufficient to accommodate at
least 75 percent of the units or low- and very low income households; and
WHEREAS, on November 7, 2023, a fire broke out at the North Hangar on the former Marine
Corps Air Station (MCAS) Tustin, on land owned by the United States Department of the Navy
(the "North Hangar Fire"); and
WHEREAS, the North Hangar Fire was the largest structure fire in the history of Orange County;
and
WHEREAS, the North Hangar Fire has caused the City to incur more than $100 Million in costs,
a significant portion of which has not yet been reimbursed by the Department of the Navy; and
Proposed Resolution
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WHEREAS, there continues to exist a state of emergency within the City of Tustin, most recently
authorized by a resolution the City Council on November 19, 2024; and
WHEREAS, the emergency resulting from the North Hangar Fire has created an unprecedented
demand on the City's resources, requiring a response from portions of the City government; and
WHEREAS, the drain on the City's resources are a result of the inaction of the Department of the
Navy to fully and completely respond to the fire, undertake efforts to cleanup the damage and
threats to the community stemming from the fire, and manage the aftermath of the ongoing
emergency related to the North Hangar fire; and
WHEREAS, the State of California and the United States have failed to declare a state of
emergency, consistent with the City's findings, further draining the City's resources; and
WHEREAS, the proposed rezoning to comply with the Housing Element has generated significant
community concern and public input, more so than when the Housing Element was originally
proposed; and
WHEREAS, as a result of the North Hangar Fire emergency and the response that has consumed
the City's resources, making the City unable to completely and fully complete, take into account,
and respond to the public participation that is a necessary and integral part of the rezoning project;
THEREFORE BE IT RESOLVED that the City Council determines that substantial evidence
exists that the City complete the rezoning because of the action or inaction beyond the control of
the local government of any other state, federal, or local agency, as set forth above.
Proposed Resolution
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