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HomeMy WebLinkAboutORD 1549 (2025)Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B ORDINANCE NO. 1549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2024-0003, 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. Ordinance No. 1549 Page 1 of 4 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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 Allocation (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. The Planning Commission called, noticed, and held a public hearing on said application on October 8, 2024, and recommended City Council approval of this Ordinance. J. That a public hearing concerning CA 2024-0003 was duly called, noticed and held on November 19, 2024, by the Tustin City Council. At that time, the City Council continued the public hearing to a future date. K. The City Council called, noticed, and held a public hearing on said application on December 17, 2024. L. The City Council considered all applicable staff reports and all public testimony and evidence presented at the public hearing. M. 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." N. 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. O. 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. P. That the City Council has considered the EIR along with its MMRP in its Ordinance No. 1549 Page 2 of 4 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B evaluation of 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 7t" day of January 2025. Signed by: AU§Tl1NDE BARD, Mayor ATTEST: os FSigned by: C. U-wa ERIcXff.°'�P'A19UDA, City Clerk APPROVED AS TO FORM: DOCUSigned by: ��." Z"g DAWD8EAP�EkD I G, City Attorney Ordinance No. 1549 Page 3 of 4 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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, 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. 1549 was duly and regularly introduced at the regular meeting of the City Council held on the 17th day of December, 2024, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 7th day of January, 2025, by the following vote: COUNCILMEMBER AYES: Nielsen, Gallagher, Schnell, Fink (4) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: Lumbard (1) The title of Ordinance No. 1549 was included on the published agenda for meetings at which the Ordinance was introduced and passed, and a copy of the full Ordinance was made available to the public online and in print at the meeting prior to the introduction or passage. os FSigned by: LViC. qm-- ERICAM'YASUO DA City Clerk Exhibit A: Chapter 2 of Article 9 of the TCC with redlined changes Ordinance No. 1549 Page 4 of 4 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B EXHIBIT A Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B EXHIBIT B ORDINANCE NO. 1549 Amendment to Chapter 2, Division 9 of the Tustin City Code 9212 - PURPOSE OF CHAPTER The purpose of this Chapter is to provide for regulations for the systematic execution of the Land Use element of the General Plan NAacter Plan for the physical development of the City 9213 - DIVISIONAL DISTRICTS b Parking District Combined With Other Combining and Overlay Districts In addition to the districts established, there areis hereby established One rnmhininrr district Combining and Overlay Districts which may be combined with any of the districts set forth; said district t„ he designated as follows: 1. Combining Parking Districts or "P" Districts. 2. Cultural Resource District or "CR" District. 3. Housing Overlay District or "HO" District. 9244 - PLANNED COMMUNITY DISTRICT (PC) a Purpose To allow diversification of the relationships of various buildings, structures and open spaces in planned building groups while (ensuring substantial compliance with the district regulations and other provisions of this Chapter. The intent of this Chapter is to (ensure that adequate standards related to the public health, safety and general welfare shall be observed without unduly inhibiting the advantage of large scale planning for residential, commercial and industrial purposes. The amenities and compatibilities of PC Districts are to be (ensured through the adoption of a Development Plan and/or the approval of Conditional Use Permits, maps, diagrams, and text setting forth land use relationships and development standards. b General Requirements The following provisions shall apply in the PC District and subject to the other provisions of this Chapter. Except that where conflict in regulations occur, the regulations specified in this Section or in the Development Plan or plans approved pursuant to this section or Housing Overlay District shall apply. d In the Planned Community District (PC), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9240, the Housing Overlay District and/or as specified in this Chapter. 1. The uses permitted in any PC District or the HousingOverlay verlay District shall be those designated on the approved development plan. In the event that such approved usage does not conform to the General Plan of the City, the General Plan shall may amended, pursuant to the General Plan Amendment process, to conform to the development plan. Said amendment may be processed simultaneous with the amending of the zoning ordinance classifying the area PC. 2. The continued use of land within a PC District for agricultural. 3. Grading shall be permitted within a PC District outside of an area of immediate development subject to securing a grading permit. 4. Any area designated for residential use by a PC District approved development plan maybe developed at a lower residential density than is indicated on the approved development plan without requiring an amendment of the development plan. Notwithstanding, any site identified in the City's certified Housing Element Sites Inventory to Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B Meet Regional Housing Needs Allocation (RHNA) shall not be developed with fewer housing units at the income level identified without first identifying alternative sites to accommodate the shortfall and to comply with the No -Net -Loss obligations pursuant to California Government Code Section 65863. 5. Repealed. 6. Reverse vending machines (Subject to standards contained in Section 9271 bb). 7. Sexually oriented businesses, as defined in Section 3911(a), and subject to the provisions set forth in Article 3 Chapter 9 of the Tustin City Code. 8. SADUs and JADUs (subject to the provisions set forth in Section 9279). 9253- HOUSING OVERLAY (HO) DISTRICT a Purpose The City's housing needs are identified in the Tustin General Plan's Housing Element, which establishes citywide goals, objectives and policies for enhancing and preserving the community's character, and expanding housing opportunities. The City's Housing Element provides that housing overlay districts may be applied to non -residentially zoned properties to create mixed -use development within walking distance to commercial services, employment and public transportation. The purpose of the Housing Overlay District is to: 1. Ensure that a broad range of housing types are provided to meet the needs of existing and future residents 2 Support the development of underutilized land in order to provide the community with a diversity of housing tvoes. affordable housing. and housing near services and Dublic transit. 3. Support infill development or site redevelopment using smart growth principles, allowing for the construction of higher density housing. affordable housing. and mixed -use development (the vertical and horizontal integration of commercial and residential uses) in Droximity to emDlovment. communitv facilities. commercial services. and other amenities. 4. Foster equal housing opportunities for all persons, and promote the dispersion and integration of housing for low- very -low, and moderate -income families throughout the community. 5. Prioritizes sustainable housing developments in proximity to services and employment centers thereby enabling the use of public transit, walking or bicycling and promoting an active lifestyle, while reducing development impacts on open space and natural habitat areas. b Applicability 1. The Housing Overlay District (HO) is an overlay zone that shall be applied in conjunction with an underlying zone (base zone) of Planned Community (PC) District as shown on the official Tustin Zoning Map. 2. The Zoning Map shall be amended to indicate the application of the Housing Overlay (HO) District. The designation HO shall be added after the underlying zoning designation. 3. The entire parcel for which an application for rezoning or pre -zoning to Housing Overlay District is filed must be in one ownership, or if there be multiple owners, the application must be made by or with the written authorization for such action on behalf of all property owners concerned, and the applicant, together with a statement signed by interested owners that they agree to be bound by the regulations and conditions which will be effective within the district. 4. The requirements of this section shall be considered in conjunction with the requirements of the underlying (base) district. If a conflict exists between the requirements of the underlying district and this section, the requirements established pursuant to this section shall apply. c Procedures Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B Any application for a zone change to permit the establishment of a Housing Overlay District shall be made pursuant to Section 9295 of this Chapter, and shall include the following information: 1. A map defining the exterior boundaries of the Housing Overlay District, including existing development to be retained and integrated with future construction. 2. Proposed maximum number of residential units to be authorized by the Housing Overlay District. 3. Proposed maximum acreage allocated to residential development. Acreage allocated to residential development shall be used to determine densities in compliance with the Tustin General Plan Housing Element, when applicable. The residential acreage may be equal to or less than the total acreage of the Housing Overlay District. 4. Compliance with the underlying zoning, development plan, development standards, or conditions of approval established for an underlvine Planned Communitv Commercial District, as aoDlicable. 5. Information the Community Development Director deems necessary to determine General Plan consistency, to determine consistency with the underlying zoning district, or to evaluate potential impacts. Additional information required by the Director may include, but is not limited to, environmental documentation and technical analysis in compliance with the California Environmental Oualitv Act. d Permitted Uses 1. Multiple family residential. 2. All uses authorized by the underlying zoning district shall be permitted in the Housing Overlay (HO) District. 3. The City Council may permit non -listed uses that support the purpose of the district, following a public hearing and recommendation from the Planning Commission. e Development Standards 1. The City Council may establish, promulgate and adopt by resolution, site specific development standards, design criteria and objective design standards for development within each Housing Overlay District. 2. The multiple family residential development standards of the R-3 District of the Tustin City Code shall apply to an HO District when the Council has not adopted site specific standards for a HO site. 3. Development proposals shall comply with adopted objective design standards. Required Findings for Establishment of HO District For the purpose of this section, an area may be designated as an HO District by the City Council if it meets one or more of the following findings: 1. The establishment of the HO district provides diversity of housing in terms of product types, tenure and affordability. 2. The HO district provides housing in close proximity to public transit and employment opportunities. 3. The HO district is within close proximity to existing or proposed community facilities and amenities, such as parks, libraries, dining, entertainment, fitness centers, trails, etc. 4. The HO district can be adequately served by existing or proposed infrastructure, and adequate measures are applied to ensure the site's future development will not result in negative impacts on the community or create a financial burden on the Citv. 5. The HO district fulfills the purpose of this Chapter and will not be detrimental to the public's health, safety or welfare.