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ORD 1523 (2022)
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10 ORDINANCE 1512+: 2021-2030
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ORD 1523 (2022)
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Last modified
8/17/2022 3:19:11 PM
Creation date
8/17/2022 3:18:39 PM
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ORDINANCES
ADOPTION DATE
8/16/2022
ORDINANCE NO.
1523
SUBJECT
SB 9 LOT SPLITS
QUALITY CONTROL
Yes
DATE RANGE
2021-2025
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DocuSign Envelope ID: EC9F8514-98D0-4126-AC06-9414AF8C37AC <br />ORDINANCE NO. 1523 <br />AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN <br />CITY CODE CHAPTER 2 (ZONING) AND CHAPTER 3 (SUBDIVISIONS) OF <br />ARTICLE 9 (LAND USE) TO APPROPRIATELY REGULATE QUALIFYING SB 9 <br />TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS WITHIN <br />SINGLE-FAMILY RESIDENTIAL ZONES IN ACCORDANCE WITH CALIFORNIA <br />GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7. <br />The City Council of the City of Tustin does hereby ordain as follows: <br />SECTION 1. The City Council finds and determines as follows: <br />A. That on September 16, 2021, the Governor signed into law SB 9 (Atkins), which <br />adds Section 65852.21 to the Government Code to require a ministerial review <br />process for eligible development of up to two principal dwelling units on a parcel <br />in a single-family residential zone and also adds Section 66411.7 to require a <br />ministerial review process for eligible "urban lot splits," to create two new <br />parcels for residential uses in a single-family residential zone. SB 9 became <br />effective on January 1, 2022. <br />B. That a City initiated Code Amendment (CA) 2022-0001 has been prepared to <br />amend Tustin City Code (TCC) Article 9 (Land Use) by adding Section 9280 <br />within Part 7 (General Regulations) of Chapter 2 (Zoning) to regulate qualifying <br />two -unit developments and is amending Chapter 3 (Subdivisions) to allow the <br />ministerial approval for a parcel map for an urban lot split of up to two (2) lots. <br />C. That the proposed amendments comply with California Government Code <br />Section 65852.21 and 66411.7. <br />D. That absent a locally adopted SB 9 Ordinance, the City is required to process <br />any SB 9 development proposal by applying State law as described in <br />Government Code Sections 65852.21 and 66411.7. <br />E. That SB 9 allows local agencies to impose objective zoning, subdivision, and <br />design standards. <br />F. The public has already expressed interest in developing under this new law <br />and it is necessary to have standards in place to protect the public health and <br />safety. <br />G. That on May 24, 2022, a public hearing was duly noticed, called, and held by <br />the Planning Commission on CA 2022-001 relating to code requirements <br />applicable to SB 9 two -unit developments and urban lot splits within single- <br />family residential zones. <br />Ordinance No. 1523 <br />Page 1 of 21 <br />
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