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RESOLUTION NO. 2096
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL
OF AMENDMENT NO. 83-2 TO THE ZONING ORDINANCE
AUTHORIZING SECOND RESIDENTIAL UNITS- IN THE E-4
AND R-3 DISTRICTS AND ESTABLISHING CRITERIA
The Planning Commission of the City of Tustin, California does
hereby resolve as follows:
i. The Planning Commission finds and determines as follows':
a. That Section 65852.2 of the Government Code of the
State of California (Planning and Zoning Law) authorizes
the creation of second units in single-family and
multi-family residential zones and areas may be
designated within the City where second units are
permitted.
b. That the designation of areas for second units may
be based on criteria and development standards may be
impo. sed.
c. That a public hearing was duly called, noticed and
held on the proposed amendment to the Zoning Ordinance.
d. The Planning Commission hereby makes the following
findings of fact:
1. Local residential units within theE-4 District and
the R-3 District do not exceed the allowable density
for the lot on which it is located and that second
units are a residential use consistent with the
existing General Plan and zoning designations for the
lot.
2. The authorization of second residential units will
provide partial accommodation of the housing needs
specified in the Regional Allocation Housing Model to
be incorporated in revisions of the Housing Element
of the Tustin Area General Plan.
3. The 80-foot frontage and 10,000 square foot lots of
the E-4 District can accommodate residential units
without adverse impacts upon the density or
neighborhood amenities of the E-4 District as related
to parking accommodations and lot coverage.
4. Second units within the R-3 District are in
conformance with density and development standards
and lot coverage.
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Resolution No. 2ug6
July 25, 1983
Page 2
5. Pursuant to Section 21080 (b)(17) of the.Public
Resources Code 'of the State of California, the
creation of a second residential unit is exempt from
the requirements of the California Environmental
Quality Act.
6. The creation of second units in residential dlstricts
other than E-4 and R-3 will adversely impact the
community due to the limited lot frontage available
for on-street parking, the absence of on-site lot
width to accommodate parking requirements and
set-backs from adjoining structures, constricting of
adequate light and air spaces for adjoining
residential structures, and the potential for hazards
.to health and safety due to restricted accessibility
to second units where existing properties are
developed with minimum sideyard setbacks.
7. The protection of the amenities of a residential
district authorized second unit can be assured by a
public hearing, use permit, and the application of
criteria and development standards for the second
residenti al units.
1'I.
The Planning Commission hereby recommends to the City Council
amendments to the Zoning Ordinance (Ordinance' 157) and the
Tustin City Code as follows:
9222 RESIDENTIAL ESTATE DISTRICT (E-4)
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b. Conditionally Permitted Uses and Development Standards
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Detached second residential units when the lot is developed
with a single-family residence subject to a use permit and
the following criteria:
a. Maximum lot coverage: 30 percent of rear yard;
b. Minimum front yard setback: 50 feet
c. Minimum side yard setback' corner lot line-lO feet,
interior lot line-5 feet;
d. Minimum rear yard setback' 5 feet;
e. Maximum floor area: 650 square feet;
f. Parking requirement: 1 covered space (carport or garage)
Resolution No. 2096
July 25, 1983
Page 3
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h. Consistency 'of second unit with'materials and design of
primary uni t;
i. The applicant for a permit and occupant of one of the
dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
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Attached second residential units when lot is developed with
a single-family residence subject to a use permit and the
following criteria:
a. The unit shall be attached to an existing residence and
a part of the living area of the existing dwelling;
b. The added unit shall not exceed 10 percent of the gross
floor area of the existing inhabitable living area,
excluding garages and accessory buildings;
c. Parking requirement: .0ne (1) covered space (carport or
garage) in addition to the two (2) garage spaces
required for the primary residential unit;
d. The applicant for a permit and occupant of one of the
dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
14 9266 MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-3)
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b. Conditionally Permitted Uses and Development Standards
6. Detached second residential unit when the lot is developed
with a single-family residence subject to a use permit and the
following criteria:
a. Maximum lot coverage: 30 percent of rear yard;
b. Minimum side yard setback: corner lot line-lO feet,
interior lot line-5 feet;
c. Minimum rear yard setback' 5 feet;
d. Maximum floor area: 650 square feet;
e. Parking requirement: 1 covered space (carport or garage)
f. Consistency of second unit with materials and design of
primary uni t;
g. Minimum front yard setback' 50 feet
h. The applicant for a permit and occupant'of one of the
dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
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Attached second residential units when lot is developed with
a single-family resident subject to a use permit and the
following criteria:
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Resolution No. 2096
July 25, 1983
Page 4
a. The unit shall be attached to an existing residence and
a part of the living area of the existing dwelling;
b. The added unit shall not exceed 10 percent of the gross
floor area of the existing inhabitable living area,
excluding garages and accessory buildings;
c. Parking requirement: One (1) covered space (carport or
garage) in addition to the two (2) garage spaces
required for the primary residential units;
e. The applicant for a permit and occupant of one of the
dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 25th day of July, 1983.
Janet Hest~r~
Recording Secretary
Jam'e's B. Sharp, Chairman
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JANET HESTER, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. ~~ was duly
passed and adopted at a regular meeting the Tu~tin Planning'
Commission, held on the~j~_~__ day
Tustin Planning Commission