Tustin — 2024-12-17

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (2 cases)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nInitiation of litigation pursuant to Government Code § 54956.9(d)(4): (2\ncases)

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (1 case) - related to the fire at the North Hangar owned by\nthe Navy and the release of hazardous materials therefrom

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS\n ON THE AGENDA\n\n Recommendation: That the City Council waive reading in full of all\n ordinances and resolutions on the agenda and declare that said titles\n which appear on the public agenda shall be determined to have been read\n by title and further reading waived.

2. HOUSING ELEMENT REZONE IMPLEMENTING PROGRAMS 1.1A,\n1.1B, 1.1F, AND 1.1G OF THE 6TH CYCLE 2021-2029 HOUSING\nELEMENT OF THE GENERAL PLAN Under State law, the City’s Housing\nElement must show that the City can provide its fair share of regional\nhousing over an eight-year period (2021 to 2029). The City’s share of\nhousing is established by a process called the Regional Housing Needs\nAllocation (RHNA). The current RHNA mandates the City to accommodate\nthe construction of at least 6,782 dwelling units. However, the City’s\ncurrent zoning can only accommodate 4,614 new dwellings; which results\nin a shortfall of 2,168 units. Pursuant to the mandates of State law, the\nCity established a "rezone program" in the Housing Element that specifies\nproperties that will be rezoned to residential to resolve the shortfall. After\nlengthy public engagement and input, surveys, workshops, and hearings,\nthe Planning Commission recommended approval of the Housing Element\non September 13, 2022, and the City Council adopted the Housing\nElement on October 4, 2022. The adopted Housing Element included\nprograms to accommodate the RHNA shortfall by rezoning areas of Tustin\nLegacy, the Enderle Center, and the Tustin Market Place. The adopted\nHousing Element was then submitted to the California Department of\nHousing and Community Development (HCD), and subsequently, the City\nreceived certification by HCD on October 10, 2022. The proposed\nHousing Element Rezone implements the City’s adopted and certified\nHousing Element. The proposed Housing Element Rezone was\nconsidered by the Planning Commission at a duly noticed public hearing\non September 24, 2024, and October 8, 2024. The Planning Commission\nrecommended that the City Council certify the environmental impact\nreports (EIRs) and approve the Rezone project. The City Council\nconsidered the proposal at a noticed public hearing on November 19,\n2024. The Council received public comment and continued the item to a\nfuture meeting.\nRecommendation: That the City Council take the following actions for the\nrezone areas: Tustin Legacy - Sites 1A, 1B and 2 1. Adopt Resolution No.\n24-76 finding that the Final Supplemental Environmental Impact Report\n(FSEIR) for Tustin Legacy Specific Plan (TLSP) Amendment 2024-0002 is\nadequate and certify the FSEIR (Attachment 5); 2. Introduce Ordinance\nNo. 1547 for Specific Plan Amendment (SPA) 2024-0002 to allow for\nadditional high density residential development on three sites in the TLSP,\nHousing Element Sites 1a, 1b, and 2, with a minimum density of 20 units\nper acre (du/acre) on the selected sites and set the adoption of the\nordinance for the next City Council meeting (Attachment 6); Enderle\nCenter - Site 17 Enderle Center - Site 17 3. Adopt Resolution No. 24-77,\nfinding that the Final Environmental Impact Report (FEIR) for General\nPlan Amendment (GPA) 2024-0001, Code Amendment (CA) 2024-0003,\nand Zone Change (ZC) 2024-0001 is adequate and certify the FEIR\n(Attachment 8); 4. Introduce Ordinance No. 1549 for CA 2024-0003 to\nestablish a Housing Overlay (HO) district (overlay zone) in conjunction\nwith the planned community commercial district (base zone) to implement\nthe housing implementation program of the 6th Cycle 2021-2029 housing\nelement of the general plan and set the adoption of the ordinance for the\nnext City Council meeting (Attachment 9); 5. Introduce Ordinance No.\n1550 for ZC 2024-0001 to amend the City's zoning map to apply the\nHousing Overlay (HO) district to the Enderle Center Rezone Project area\nand set the adoption of the ordinance for the next City Council meeting\n(Attachment 10); The Market Place - Site 18 6. Adopt Resolution No. 24-\n78, finding that the FEIR for GPA 2024-0001 and East Tustin Specific Plan\n(ETSP) Amendment 2024-0001 is adequate and certify the FEIR\n(Attachment 12); 7. Introduce Ordinance No. 1551 for SPA 2024-0001 to\naccommodate residential development on 18 acres of The Market Place\nRezone Project site and create a new high density residential land use\ncategory to implement the Housing Implementation Program of the 6th\nCycle Housing Element of the General Plan and set the adoption of the\nordinance for the next City Council meeting (Attachment 13). General\nPlan Consistency (Enderle Center & The Market Place) 8. Adopt\nResolution No. 24-79, approving GPA 2024-0001 for minor text\namendments to ensure consistency with the proposed ZC 2024-0001\n(Housing Element Site 17 - Enderle Center) and SPA 2024-0001 (Housing\nElement Site 18 - The Market Place) (Attachment 14). Fiscal Impact: The\nHousing Element Rezone Project is a City-initiated project. The City\nCouncil has appropriated funds to carry out the Housing Element Rezone\nProject.