CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
John Nielsen, Mayor Pro Tem
Ryan Gallagher, Councilmember
Ray Schnell, Councilmember
Lee K. Fink, Councilmember
Austin Lumbard, Mayor
DECEMBER 17, 2024
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
PRINTABLE AGENDA
PUBLIC INPUT INSTRUCTIONS
ECOMMENT-MILES MADISON
ECOMMENT-SHELLY MADISON
PRESENTATION - ITEM 2
CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M.
CALL TO ORDER – #3068
ROLL CALL - City Clerk
PUBLIC INPUT - Members of the public may provide comments in writing, in person or in real time via Zoom to address the City Council on items on the Closed Session Agenda.
CLOSED SESSION UPDATE - City Attorney David E. Kendig
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 case) - related to the fire at the North Hangar owned by the Navy and the release of hazardous materials therefrom REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M.
CALL TO ORDER – #3068
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Nielsen
INVOCATION – Pastor Jorge Molina, Mariners Church
PUBLIC INPUT – At this time, any member of the public may address the Council on matters which are not on this evening’s agenda, provided the matter is within the subject matter jurisdiction of the City Council.
CLOSED SESSION REPORT – City Attorney David E. Kendig
CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Item 1)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation:
That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
PUBLIC HEARING ITEM
2. HOUSING ELEMENT REZONE IMPLEMENTING PROGRAMS 1.1A, 1.1B, 1.1F, AND 1.1G OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN Under State law, the City’s Housing Element must show that the City can provide its fair share of regional housing over an eight-year period (2021 to 2029). The City’s share of housing is established by a process called the Regional Housing Needs Allocation (RHNA). The current RHNA mandates the City to accommodate the construction of at least 6,782 dwelling units. However, the City’s current zoning can only accommodate 4,614 new dwellings; which results in a shortfall of 2,168 units.
Pursuant to the mandates of State law, the City established a "rezone program" in the Housing Element that specifies properties that will be rezoned to residential to resolve the shortfall. After lengthy public engagement and input, surveys, workshops, and hearings, the Planning Commission recommended approval of the Housing Element on September 13, 2022, and the City Council adopted the Housing Element on October 4, 2022. The adopted Housing Element included programs to accommodate the RHNA shortfall by rezoning areas of Tustin Legacy, the Enderle Center, and the Tustin Market Place.
The adopted Housing Element was then submitted to the California Department of Housing and Community Development (HCD), and subsequently, the City received certification by HCD on October 10, 2022. The proposed Housing Element Rezone implements the City’s adopted and certified Housing Element.
The proposed Housing Element Rezone was considered by the Planning Commission at a duly noticed public hearing on September 24, 2024, and October 8, 2024. The Planning Commission recommended that the City Council certify the environmental impact reports (EIRs) and approve the Rezone project. The City Council considered the proposal at a noticed public hearing on November 19, 2024. The Council received public comment and continued the item to a future meeting.
Recommendation:
That the City Council take the following actions for the rezone areas:
Tustin Legacy - Sites 1A, 1B and 2
1. Adopt Resolution No. 24-76 finding that the Final Supplemental Environmental Impact Report (FSEIR) for Tustin Legacy Specific Plan (TLSP) Amendment 2024-0002 is adequate and certify the FSEIR (Attachment 5);
2. Introduce Ordinance No. 1547 for Specific Plan Amendment (SPA) 2024-0002 to allow for additional high density residential development on three sites in the TLSP, Housing Element Sites 1a, 1b, and 2, with a minimum density of 20 units per acre (du/acre) on the selected sites and set the adoption of the ordinance for the next City Council meeting (Attachment 6); Enderle Center - Site 17
Enderle Center - Site 17
3. Adopt Resolution No. 24-77, finding that the Final Environmental Impact Report (FEIR) for General Plan Amendment (GPA) 2024-0001, Code Amendment (CA) 2024-0003, and Zone Change (ZC) 2024-0001 is adequate and certify the FEIR (Attachment 8);
4. Introduce Ordinance No. 1549 for CA 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 and set the adoption of the ordinance for the next City Council meeting (Attachment 9);
5. Introduce Ordinance No. 1550 for ZC 2024-0001 to amend the City's zoning map to apply the Housing Overlay (HO) district to the Enderle Center Rezone Project area and set the adoption of the ordinance for the next City Council meeting (Attachment 10);
The Market Place - Site 18
6. Adopt Resolution No. 24-78, finding that the FEIR for GPA 2024-0001 and East Tustin Specific Plan (ETSP) Amendment 2024-0001 is adequate and certify the FEIR (Attachment 12);
7. Introduce Ordinance No. 1551 for SPA 2024-0001 to accommodate residential development on 18 acres of The Market Place Rezone Project site and create a new high density residential land use category to implement the Housing Implementation Program of the 6th Cycle Housing Element of the General Plan and set the adoption of the ordinance for the next City Council meeting (Attachment 13).
General Plan Consistency (Enderle Center & The Market Place)
8. Adopt Resolution No. 24-79, approving GPA 2024-0001 for minor text amendments to ensure consistency with the proposed ZC 2024-0001 (Housing Element Site 17 - Enderle Center) and SPA 2024-0001 (Housing Element Site 18 - The Market Place) (Attachment 14).
Fiscal Impact: The Housing Element Rezone Project is a City-initiated project. The City Council has appropriated funds to carry out the Housing Element Rezone Project.
AGENDA REPORT
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
ATTACHMENT 6
ATTACHMENT 7
ATTACHMENT 8
ATTACHMENT 9
ATTACHMENT 10
ATTACHMENT 11
ATTACHMENT 12
ATTACHMENT 13
ATTACHMENT 14
ATTACHMENT 15
ATTACHMENT 16
ATTACHMENT 17
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, January 7, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.