HomeMy WebLinkAbout03 PC REPORT CA 2015-001 2ND RESIDENTIAL UNITS1'SY O
ITEM
AG NDA R PORT
MEETING DATE: FEBRUARY 24, 2015
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 2015 -001 (ORDINANCE NO. 1454) — SECOND
RESIDENTIAL UNITS IN THE CULTURAL RESOURCE DISTRICT
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4277, recommending that the
Tustin City Council adopt Draft Ordinance No. 1454, amending Article 9 Chapter 2 of the
Tustin City Code to provide new standards for second residential units in the Cultural
Resource (CR) District and prohibit new accessory buildings used as guest quarters in the
CR District.
Planning Commission Report
February 24, 2015
Code Amendment 2015 -001
Page 2
APPROVAL AUTHORITY
Tustin City Code (TCC) Section 9295f authorizes the Planning Commission to make a
recommendation to the City Council on proposed Zoning Code amendments.
BACKGROUND AND DISCUSSION
The Tustin City Code regulates the establishment of guest quarters and second
residential units within Single Family Residential (R1) zoned properties. The following
provides a general summary of the requirements:
• Guest quarters are defined as "an attached or detached building or room that
provides living quarters for guests and (a) contains no kitchen or cooking
facilities; (b) is clearly subordinate and incidental to the principle residence on the
same building site; and (c) is not rented or leased, whether compensation is
direct or indirect." No additional parking spaces are required for guest quarters.
The establishment of guest quarters requires the approval of a Conditional Use
Permit and includes the requirement for a deed restriction to inform future owners
of the applicable limitations.
• A second residential unit is defined as "a building or portion thereof designed for
residential use on a lot developed with a legal conforming single - family dwelling."
A second residential unit can have kitchen and can be rented out; however, two
(2) additional parking spaces need to be provided.
Over the years, many property owners have expressed their desire to have second
residential units in Old Town which they can rent out for additional income or provide
housing options to their grown children, parents, and /or friends and relatives. However,
properties smaller than 12,000 square feet in size are not currently eligible for second
residential units. It was also expressed that property owners do not like deed
restrictions to be placed on their title and feel that the requirement for two (2) additional
parking spaces for second residential units are too onerous. In addition, it was noted
that there are many structures in Old Town that either have been illegally converted to
second residential unit or that the property owner wishes to convert an existing
accessory structure into a second residential unit to generate additional income.
Public Workshops
In response to the public's interest in having and renting second residential units on lots
of various sizes in Old Town Tustin, the City conducted public workshops on the subject
of second residential units in Old Town Tustin on February 20, 2013, March 12, 2013,
and March 11, 2014. Approximately 40 members of the public attended at least one (1)
of these workshops.
Planning Commission Report
February 24, 2015
Code Amendment 2015 -001
Page 3
The public provided input during the workshops and through the completion of 25
questionnaires. The input may be summarized as follows:
• Existing zero -lot -line garages should remain.
• Allow carports instead of requiring garages.
• Street parking is already congested; adding more units would make congestion
worse.
• Garages often are not used for parking.
• Permit parking should be implemented.
• Second residential units often intrude on neighbor privacy.
• Three (3) or more residential units on a single family lot should be considered.
• How the City considers construction that often pre- exists Zoning & Building
Codes
• Why limit proposed amendments to the Cultural Resources Overlay District?
• Whether variances would be allowed.
• Limitations on paved /concrete areas.
• Old Town aesthetics, character, and landscaping should be maintained.
• Second units should be limited to one story and be accessory to the main
residence.
• Small guest houses are compatible with Old Town.
• No additional parking is needed for guest houses.
• Overcrowding concerns since more units would be permitted in Old Town.
• Allow second residential units on larger lots only.
• Reduce allowable lot coverage.
• Limit the massing of the second residential unit.
Based on the public input received, staff developed alternative concepts at the March
2014, workshop for the Commission's consideration. These concepts included:
• Limit all second residential units to efficiency units /studios (i.e. up to 600 sq. ft.).
• Require one (1) covered parking space for the second residential unit.
• Allow carports or garages for second residential units.
• Prohibit additional detached guest rooms in Old Town.
Proposed Code Amendment
Proposed Code Amendment 2015 -001 would provide new standards for second
residential units in the Cultural Resource (CR) District, allow new second residential units
on any residentially zoned lot in the CR District regardless of lot size, and prohibit new
accessory buildings used as guest quarters in the CR District. The standards for second
residential units in all other areas of the City are not proposed to be amended, and all
second residential units in the City would continue to be allowed ministerially without
discretionary review or a public hearing. The existing and proposed standards for
second residential units in the CR Zoning District are summarized in the following table.
Proposed changes and additions to the existing citywide standards for second
residential units are shown in bold print.
Planning Commission Report
February 24, 2015
Code Amendment 2015 -001
Page 4
CR DISTRICT SECOND UNIT DEVELOPMENT STANDARDS
ANALYSIS
State Law related to Second Residential Units
On September 29, 2002, the Governor approved Assembly Bill 1866, which amended
Government Code Section 65852.2, and requires applications for second residential
units to be considered ministerially without discretionary review or hearing. The
purpose of the requirement is to facilitate the provision of affordable housing throughout
California. Government Code Section 65852.2 allows local agencies:
No
No
Conditional Use Permit required
Maximum height
30 feet
30 feet
Minimum building site
12,000 square feet
None
Maximum overall lot coverage for all
50 ercent
p
50 percent
p
structures
Maximum lot coverage for the
30% of rear yard and
None
second unit
30% of side Y and
Minimum front yard setback
50 feet - (detached)
50 feet - (detached)
20 feet - (attached)
20 feet - (attached)
Minimum front yard setback for off-
50 feet
50 feet
street parkin
Minimum side yard setback
10 feet - corner
10 feet - corner
5 feet - interior
5 feet - interior
Minimum rear yard setback
5 feet
5 feet
Minimum off - street parking
Assigned two -car garage
One car garage or carport
space
50% of primary single - family
Maximum floor area of second unit
10% of lot area
dwelling, not to exceed 600
square feet
Design requirements
Yes
Yes
Impact to historic structures on
California Register
Impacts not permitted
p p
Impacts not permitted
p p
Concurrent or subsequent
Yes
Yes
construction required
Entrances to the rear and not visible
Yes
Yes
from public right -of -way
(attached and detached)
(attached and detached)
Owner occupancy
No
No
ANALYSIS
State Law related to Second Residential Units
On September 29, 2002, the Governor approved Assembly Bill 1866, which amended
Government Code Section 65852.2, and requires applications for second residential
units to be considered ministerially without discretionary review or hearing. The
purpose of the requirement is to facilitate the provision of affordable housing throughout
California. Government Code Section 65852.2 allows local agencies:
Planning Commission Report
February 24, 2015
Code Amendment 2015 -001
Page 5
• to impose standards on second units that include, but are not limited to, parking,
height, setback, lot coverage, architectural review, maximum size of a unit, and
standards that prevent adverse impacts on any real property that is listed on the
California Register of Historic Places;
• to provide that second units do not exceed the allowable density for the lot upon
which the second unit is located; and,
• to designate areas within the jurisdiction of the local agency where second units may
be permitted.
Pursuant to Government Code Section 65852.2.b.5, no local agency shall adopt an
ordinance which totally precludes second units unless the ordinance contains findings
1) acknowledging that the ordinance may limit housing opportunities of the region; and,
2) identifying that specific adverse impacts on the public health, safety, and welfare that
would result from allowing second units within single - family and multifamily zoned areas
justify adopting the ordinance.
Single Family Residential Zoned Properties in CR District
There are 194 R1 properties in the CR District (see Figures 1 and 2). Approximately 23
percent, or 45 of the 194 properties, are currently eligible for second residential units
based on their lot size of at least 12,000 square feet. If the proposed code amendment
is approved, 149 additional properties would be eligible for second residential units in
the CR District. However, based on the placement of the existing single family dwelling
and the configuration of the property, it may not be practical to construct a second
residential unit on every eligible property.
Lot Sizes in the CR District
Num-ber of Lots
Less than 7,500 square feet
33
Exactly 7,500 square feet
46
7,501 -9,000 square feet
31
9,001- 11,999 square feet
39
12,000 square feet or greater
45
Planning Commission Report
February 24, 2015
Code Amendment 2015 -001
Page 6
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Figure 1 - Cultural Resource District
Figure 2 - Underlying Zoning and the CR District
Maximum Floor Area
Planning Commission Report
February 24, 2015
Code Amendment 2015 -001
Page 7
To minimize the potential aesthetic impacts associated with a significant number of
additional dwelling units in the CR District, it is proposed that second residential units be
ancillary and subordinate to the primary single family dwelling and that the size of each
second residential unit be limited to 600 square feet in size (see Sample Floor Plans).
This maximum size is equivalent to the size of a three -car garage and is not anticipated
to change the character of the CR District. Based on this size limitation, it would be
appropriate to require one (1) additional parking space for the second residential unit,
rather than the two (2) parking spaces currently required by the Tustin City Code.
During the past thirty (30) years, two (2) second residential units have been approved in
the CR District. One (1) is a residence consisting of 1,450 square feet that was built in
1988. The other second residential unit was approved in 2014, but has not been built.
It is proposed to be 700 square feet in size.
24'
covre or
a ,
Sample Floor Plans — Second Residential Units (approx. 600 square feet)
Sample Floor Plan — Second Residential Unit (approx. 500 square feet - studio)
0 BATH
BED ALCOVE
[11
KITCHEN
<11
o 0
00
LIVING
10'10�'X 177
closet
DINING
Sample Floor Plan — Second Residential Unit (approx. 500 square feet - studio)
Planning Commission Report
February 24, 2015
Code Amendment 2015 -001
Page 8
Parking
The proposed Code Amendment requires one covered space either in a garage or
carport for the second residential unit. The smaller allowable size of the second
residential unit and its associated single car garage or carport will ensure that these
additional structures on the property do not negatively impact adjacent properties or the
character of the CR District. The establishment of permit parking in the CR District is a
separate approach that could be considered in the future, should parking conditions
warrant its implementation.
No accessory buildings used as guest quarters in CR District
Proposed Code Amendment 2015 -001 would prohibit the construction of new accessory
buildings used as guest quarters in the CR District. It is proposed that new detached
accessory guest rooms /quarters no longer be allowed in the CR District because many
of these guest rooms, including some approved through the conditional use permit
process, have been, or have been suspected of being, illegally rented out and equipped
with cooking facilities, without providing the on -site parking spaces required of a second
residential unit.
Since 1982, nine (9) accessory guest quarters in the CR District have been approved
through the conditional use permit process. These guest quarters range in size from 564
to 1,320 square feet, with an average of 822 square feet. Three (3) of the nine (9)
conditional use permits were approved for existing structures, and two (2) of the approved
guest quarters were never constructed. The average size of the four (4) newly
constructed and completed accessory guest quarters is 905 square feet.
If proposed Code Amendment 2015 -001 is approved as presented, the existing conditional
use permits for the approved accessory guest quarters would remain in effect and the
existing approved accessory guest quarters would become legal nonconforming uses.
These existing guest quarters cannot be rented or have kitchens. However, if the existing
guest quarters are in compliance with the proposed new standards for second residential
units or if modifications could be made to achieve compliance with the new standards, it
would be possible for the owners to request that the accessory guest quarters be classified
as second residential units and for the conditions associated with the conditional use
permit to be removed. Any applicable deed restrictions pertaining to cooking facilities and
renting or leasing of the guest quarters could be reversed by recording new deed
restrictions following the City's approval of the conversion of the guest quarters to a
second residential unit. Existing guest quarters that are larger than 600 square feet in
size would not be eligible for reclassification as second residential units.
Community Impacts and Implications
The proposed Code Amendment would have impacts and implications. The following
are consequences of additional second residential units in the CR District:
Planning Commission Report
February 24, 2015
Code Amendment 2015 -001
Page 9
• More residences /residents in Old Town.
• Greater residential density in Old Town.
• More parked vehicles and traffic in Old Town.
• More affordable housing in Old Town.
• Extra income for Old Town property owners.
• Potential for increased property values.
• More housing opportunities for seniors, young adults, the disabled, etc.
The following discussion summarizes the most significant implications applicable to
properties within the CR District as a result of Code Amendment 2015 -001:
• Existing accessory guest quarters in the CR District that were approved by the
City would become legal nonconforming. The associated conditional use permits
and deed restrictions would remain in effect. These guest quarters may not have
kitchens and may not be rented or leased unless they meet all of the
development standards for a second unit and are approved by the City as
second units.
• Existing second residential units in the CR District that were approved by the City
and are larger than 600 square feet in size would become legal nonconforming.
Existing second residential units in the CR District that were approved by the City
and are 600 square feet in size or smaller would continue to be legal conforming.
• Existing non - permitted accessory guest quarters and second residential units in
the CR District could become legal second residential units if all development
standards are met and compliance with the Building Code can be achieved.
• New accessory buildings used as guest quarters would be prohibited in the CR
District.
• New second residential units of up to 600 square feet in size would be allowed
on all single family residential lots in the CR District that are zoned R1.
Housing Element Compliance
The provision for additional second residential units supports the Housing Element of
the Tustin General Plan by providing more opportunities for affordable housing and by
meeting the need for a variety of housing types that serve the diverse socio- economic
needs of the community's residents.
ENVIRONMENTAL ANALYSIS
The proposed code amendment is exempt from further environmental review pursuant
to the provisions of the California Environmental Quality Act (CEQA), as found in Public
Resources Code Section 21080.17.
Planning Commission Report
February 24, 2015
Code Amendment 2015 -001
Page 10
CITY ATTORNEY REVIEW
The City Attorney has reviewed the content and form of Code Amendment 2015 -001
(Draft Ordinance No. 1454).
PUBLIC NOTICE
A 1/8 page public notice was published in the Tustin News on February 12, 2015,
informing the public of the Planning Commission public hearing for proposed Code
Amendment 2015 -001. In addition, approximately 660 notices were mailed to all
owners of property within the Cultural Resource District and within 300 feet of the
Cultural Resource District.
Scott Reekstin
Principal Planner
+vE--IHJZbeth A. Binsack
Director of Community Development
Attachments:
A. Planning Commission Resolution No. 4277
B. Draft Ordinance No. 1454 (Code Amendment 2015 -001)
C. Existing Tustin City Code Sections 9223 and 9252] with redlined changes
S: \Cdd \PCREPORT\CA 2015 -001 (second residential units in CR District).doc
ATTACHMENT A
PLANNING COMMISSION RESOLUTION NO. 4277
RESOLUTION NO. 4277
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
1454, ADDING TUSTIN CITY CODE SECTIONS
9252j2(a)(3) AND 9252j2(c) AND AMENDING TUSTIN CITY
CODE SECTIONS 9223a7 AND 9223b2 RELATING TO
SECOND RESIDENTIAL UNITS IN THE CULTURAL
RESOURCE DISTRICT.
The Planning Commission does hereby resolve as follows:
A. That on September 29, 2002, the Governor approved Assembly Bill 1866,
which amended Government Code Section 65852.2 to facilitate the
provision of affordable housing throughout California.
B. That on or after July 1, 2003, California Government Code Section
65852.2(a)(3) requires a local agency to consider second residential unit
applications ministerially without discretionary review or a hearing.
C. That California Government Code Section 65852.2(a)(1) allows local
agencies to impose standards on second units that include, but are not
limited to, parking, height, setback, lot coverage, architectural review,
maximum size of a unit, and standards that prevent adverse impacts on
any real property that is listed on the California Register of Historic Places.
D. That California Government Code Section 65852.2(a)(1) allows local
agencies to designate areas within the jurisdiction of the local agency
where second units may be permitted.
E. That on June 2, 2003, in anticipation of the July 1, 2003, implementation
of the newly adopted Government Code Section, the Tustin City Council
adopted Ordinance No. 1271 providing standards for second residential
units.
F. That many property owners in Old Town have expressed the desire to
have and rent second residential units and accessory guest rooms in Old
Town.
G. That all R1, R2, and R3 properties are eligible for accessory guest rooms,
but a conditional use permit and deed restriction are required.
H. That many property owners do not want deed restrictions related to
occupancy and cooking facilities placed on accessory guest rooms. In
addition, property owners are often desirous of accessory guest rooms
with kitchens and to be able to rent out the guest rooms.
Resolution No. 4277
Page 2
I. That accessory guest rooms and other accessory buildings have been
illegally converted into second residential units.
J. That the City conducted public workshops on the subject of second
residential units in Old Town Tustin on February 20, 2013, March 12,
2013, and March 11, 2014.
K. That the proposed amendments to the Tustin City Code related to second
residential units have been prepared to provide more flexible standards for
second residential units in the Cultural Resource (CR) District.
L. That the Tustin City Code currently requires a minimum lot size of 12,000
square feet and a minimum of two (2) additional required garage parking
spaces for the establishment of a second residential unit in the Estate (E4)
and Single Family (R1) Residential Zoning Districts.
M. That the proposed code amendment would allow second residential units
of up to 600 square feet in size on R1 lots of any size within the CR
District provided they comply with minimum standards, while prohibiting
new accessory buildings to be used as guest quarters (i.e. no cooking
facility or covered parking provided).
N. That on February 24, 2015, a public hearing was duly noticed, called, and
held on Code Amendment 15 -001 by the Planning Commission.
O. That the proposed code amendment is exempt from environmental review
pursuant to the provisions of the California Environmental Quality Act
(CEQA), as found in Public Resources Code Section 21080.17, which
exempts local ordinances regulating the construction of second residential
units from CEQA.
P. That the proposed second residential unit provisions for the Cultural
Resource District are reasonably necessary to protect the health, safety,
and welfare of the citizens of the City of Tustin.
Q. That the proposed amendments comply with California Government Code
Section 65852.2.
R. That the proposed amendments are consistent with the Tustin General
Plan in that they comply with the following goals and policies:
Land Use Element Goal 4 to assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
Housing Element Goal 1 to provide 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.
Resolution No. 4277
Page 3
Housing Element Policy 1.8 to allow second (attached /detached)
units in single- and multi - family districts consistent with the Tustin City
Code.
S. That the proposed parking requirement for second residential units in the
Cultural Resource (CR) District of one (1) garage or carport parking space
is directly related to the use and size of the second residential unit and is
appropriate for the Cultural Resource District where additional garage
spaces may negatively impact the character of the historic district.
II. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1454, adding Sections 9252j2(a)(3) and 9252j2(c) and amending
Sections 9223a7 and 9223b2 of the Tustin City Code related to second
residential units in the CR District, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 24th day of February, 2015.
JEFF R. THOMPSON
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4277
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4277 was passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of
February, 2015. _
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ELIZABETH A. BINSACK
Planning Commission Secretary
ATTACHMENT B
DRAFT ORDINANCE NO. 1454
(CODE AMENDMENT 2015 -001)
DRAFT ORDINANCE NO. 1454
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE
SECTIONS 9252j2(a)(3) AND 9252j2(c) AND AMENDING
TUSTIN CITY CODE SECTIONS 9223a7 AND 9223b2
RELATING TO SECOND RESIDENTIAL UNITS IN THE
CULTURAL RESOURCE DISTRICT.
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 on September 29, 2002, the Governor approved Assembly Bill 1866, which
amended Government Code Section 65852.2 to facilitate the provision of
affordable housing throughout California.
B. That on or after July 1, 2003, California Government Code Section
65852.2(a)(3) requires a local agency to consider second residential unit
applications ministerially without discretionary review or a hearing.
C. That California Government Code Section 65852.2(a)(1) allows local agencies
to impose standards on second units that include, but are not limited to, parking,
height, setback, lot coverage, architectural review, maximum size of a unit, and
standards that prevent adverse impacts on any real property that is listed on the
California Register of Historic Places.
D. That California Government Code Section 65852.2(a)(1) allows local agencies
to designate areas within the jurisdiction of the local agency where second units
may be permitted.
E. That on June 2, 2003, in anticipation of the July 1, 2003, implementation of the
newly adopted Government Code Section, the Tustin City Council adopted
Ordinance No. 1271 providing standards for second residential units.
F. That many property owners in Old Town have expressed the desire to have and
rent second residential units and accessory guest rooms in Old Town.
G. That all R1, R2, and R3 properties are eligible for accessory guest rooms, but a
conditional use permit and deed restriction are required.
H. That many property owners do not want deed restrictions related to occupancy
and cooking facilities placed on accessory guest rooms. In addition, property
owners are often desirous of accessory guest rooms with kitchens and to be
able to rent out the guest rooms.
Ordinance No. 1454
Page 2
I. That accessory guest rooms and other accessory buildings have been illegally
converted into second residential units.
J. That the City conducted public workshops on the subject of second residential
units in Old Town Tustin on February 20, 2013, March 12, 2013, and March 11,
2014.
K. That the proposed amendments to the Tustin City Code related to second
residential units have been prepared to provide more flexible standards for
second residential units in the Cultural Resource (CR) District.
L. That the Tustin City Code currently requires a minimum lot size of 12,000
square feet and a minimum of two (2) additional required garage parking spaces
for the establishment of a second residential unit in the Estate (E4) and Single
Family (R1) Residential Zoning Districts.
M. That the proposed code amendment would allow second residential units of up
to 600 square feet in size on R1 lots of any size within the CR District provided
they comply with minimum standards, while prohibiting new accessory buildings
to be used as guest quarters (i.e. no cooking facility or covered parking
provided).
N. That on February 24, 2015, a public hearing was duly noticed, called, and held
on Code Amendment 15 -001 by the Planning Commission. The Planning
Commission adopted Resolution No. 4277 and recommended that the City
Council approve Code Amendment 15 -001 to provide more flexible standards
for second residential units in the CR District.
O. That on March 17, 2015, a public hearing was duly noticed, called, and held on
Code Amendment 15 -001 by the City Council.
P. That the proposed code amendment is exempt from environmental review
pursuant to the provisions of the California Environmental Quality Act (CEQA),
as found in Public Resources Code Section 21080.17, which exempts local
ordinances regulating the construction of second residential units from CEQA.
Q. That the proposed second residential unit provisions for the Cultural Resource
District are reasonably necessary to protect the health, safety, and welfare of
the citizens of the City of Tustin.
R. That the proposed amendments comply with California Government Code
Section 65852.2.
S. That the proposed amendments are consistent with the Tustin General Plan in
that they comply with the following goals and policies:
Ordinance No. 1454
Page 3
Land Use Element Goal 4 to assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
Housing Element Goal 1 to provide 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.
Housing Element Policy 1.8 to allow second (attached /detached) units in
single- and multi - family districts consistent with the Tustin City Code.
T. That the proposed parking requirement for second residential units in the
Cultural Resource (CR) District of one (1) garage or carport parking space is
directly related to the use and size of the second residential unit and is
appropriate for the Cultural Resource District where additional garage spaces
may negatively impact the character of the historic district.
Section 2. Section 9223a7 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code
is hereby amended to read as follows (new text underlined):
Second Residential Units (see Section 9252j2 for standards applicable to
Second Residential Units in the Cultural Resource District.}
Section 3. Section 9223b2 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code
is hereby amended to read as follows (new text underlined):
Accessory buildings (except, in the Cultural Resource District used as
guest quarters, provided no cooking facility is installed or maintained,
subject to a recorded deed restriction approved by the City.
Section 4. Section 9252j2(a)(3) of Part 5 of Chapter 2 of Article 9 of the Tustin City
Cade is hereby added to read as follows (new text underlined):
3. second Residential Units
(a) Maximum height: 30 feet
(b) Minimum building site: none
(e) Maximum overall lot coverage for all structures combined: 50 percent
(d) Maximum lot coverage for the second residential unit: none
(e) Minimum front yard setback: 50 feet for detached unit; 2Q feet for attached
unit
(f) Minimum front yard setback for off- street parking: 20 feet
(g) Minimum side ward setback: Corner lot line: 10 feet' Interior lot line: 5 feet
(h) Minimum rear yard setback: 5 feet
Ordinance No. 1454
Page 4
(r) Maximum floor area of second residential unit: 50 percent of primary single-
family dwelling,, not to exceed 600 square feet.
(j) The second residential unit shall be consistent with the architectural style,
materials and color of the primary single - family dwelling and shall not
detract from the single - family appearance of the primary single - family
dwelling.
(k) The second residential unit shall not cause a substantial adverse change, as
defined in California Public Resources .Cade Section 5020.1 in the
significance of any real property that is listed in the California Register of
Historic Places or the City of Tustin Historical Resources Survey.
(I) The second residential unit shatl be constructed concurrently with, or
subsequent to the primary single- family dwelling, which shall be
conforming or brought into conformance with the Tustin City Code.
(m)AII entrances to the second residential unit shall be to the rear of the primary
single - family dwelling and shall not be visible from the public right - of -way.
(n) When the primary single- family dwelling would conform to the development
standards normally applicable to second residential units, and the second
residential unit is built between the primary single - family dwelling and the
front property line the second residential unit shall be subject to the
development standards normally applicable to the primary single-family
dvvellinq.
Section 5. Section 9252j2(c) of Part 5 of Chapter 2 of Article 9 of the Tustin City
Code is hereby added to read as follows (new text underlined):
(c) Prohibited Uses
ACcessory buildings used as quest quarters.
Section 6. The parking requirement for Second Residential Units is hereby amended
in Table 1 of Section 9263 of Part 6 of Chapter 2 of Article 9 of the Tustin
City Code to read as follows (new text underlined; deleted text in
strikeout):
Second residential units I Outside the Cultural Resource
District: 2 spaces, within a garage,
in addition to that required for the
primary single - family unit.
Within the cultural Reso u rce
District: 1 space, within a garage or
carport, in addition to that required
for the primary, single - family unit.
Ordinance No. 1454
Page 5
Section 7. The following definition
of the Tustin City Code
underlined):
in Section 9297 of Part 9 of Chapter 2 of Article 9
is hereby amended to read as follows (new text
"Second Residential Unit" means a building or portion thereof designed for
residential occupancy on a lot developed with a legal conforming � ,qgl
nonconform n single- family dwelling.
Section 8. 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 this 7th day of April, 2015.
CHARLES E. PUCKETT, MAYOR
ATTEST:
JEFFREY C. PARKER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1454
Jeffrey C. Parker, 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. 1454
was duly and regularly introduced and read at the regular meeting of the City Council
held on the 17th day of March, 2015, and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the 7th day of April, 2015, by
the following vote:
Ordinance No. 1454
Page 6
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Jeffrey C. Parker, City Clerk
Published:
ATTACHMENT C
EXISTING TUSTIN CITY CODE
SECTIONS 9223 AND 9252j2
(With Redlined Changes)
Tustin City Code Section 9223
(Proposed Changes in Red)
9223 -SINGLE - FAMILY RESIDENTIAL DISTRICT (R1)
a Permitted Uses and Development Standards
In the Single - Family Residential District (R1) only 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 9220 and /or as specified in this Chapter.
1. Single - Family dwellings.
2. Accessory buildings only if constructed simultaneously with or subsequent to the main building
on the same lot.
(a) Maximum height: 25 feet.
(b) Minimum lot width at property line: 40 feet on cul -de -sacs at property line.
(c) Maximum lot coverage: 30 percent of rear yard.
(d) Minimum front yard setback: 50 feet.
(e) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet clear and
unobstructed on rear 1/3 of lot.
3. Accessory uses normally incidental to single - family residences. This is not to be construed as
permitting any commercial uses.
(a) Minimum side yard setback: 1 foot.
(b) Minimum rear yard setback: 1 foot except 5 feet required on an alley.
4. Small family day care home subject to the provisions set forth in Section 9271 aa.
5. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
6. Large family day care homes (subject to the provisions set forth in Section 9271 aa).
7. Second residential units (see Section 9252'2 for standards applicable to Second Residential
Units in the Cultural Resource District.):
(a) Maximum height: 30 feet.
(b) Minimum building site: 12,000 square feet.
(c) Maximum overall lot coverage for all structures combined: 50 percent.
(d) Maximum lot coverage for the second residential unit: 30 percent of rear yard and 30
percent of side yard.
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit.
(f) Minimum front yard setback for off - street parking: 50 feet.
(g) Minimum side yard setback:
Corner lot line: 10 feet;
Interior lot line: 5 feet.
(h) Minimum rear yard setback: 5 feet.
(i) Maximum floor area of second residential unit: 10 percent of total lot area.
(j) Any second residential unit shall be consistent with the architectural style, materials and
color of the primary single - family dwelling and shall not detract from the single - family
appearance of the primary single - family dwelling.
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(k) Any second residential unit shall not cause a substantial adverse change, as defined in
California Public Resources Code Section 5020.1, in the significance of any real property
that is listed in the California Register of Historic Places or the City of Tustin Historical
Resources Survey.
(1) Any second residential unit shall be constructed concurrently with, or subsequent to, the
primary single - family dwelling, which shall be conforming or brought into conformance with
the Tustin City Code.
(m) All entrances to any second residential unit shall be to the rear of the primary single - family
dwelling and shall not be visible from the public right -of -way.
(n) When the primary single - family dwelling would conform to the development standards
normally applicable to second residential units, and the second residential unit is built
between the primary single - family dwelling and the front property line, the second
residential unit shall be subject to the development standards normally applicable to the
primary single - family dwelling.
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the Community Development Director
and /or the Planning Commission, are similar) may be conditionally permitted in the Single - Family
Residential District (R1) subject to the issuance of a Conditional Use Permit and subject to the
development standards identified in Table 1 of Section 9220 and /or as specified in this Chapter.
1. Places of Worship, schools, parks, playgrounds, public utility, crop and tree farming.
(a) Maximum height: 30 feet.
(b) Minimum building site: 20,000 square feet for Places of Worship, 5 acres for schools,
public utility and other uses as specified in Conditional Use Permit.
(c) Minimum lot width at property line: 100 feet.
(d) Maximum lot coverage: 40 percent.
(e) Minimum front yard setback: 25 feet, unless otherwise indicated on Zoning Map.
(f) Minimum side yard setback:
Corner lot line: 10 feet;
Interior lot line: 5 feet.
(g) Minimum rear yard setback: 20 feet.
2. Accessory buildings (except in the Cultural Resource District) used as guest quarters, provided
no cooking facility is installed or maintained, subject to a recorded deed restriction approved by
the City.
(a) Maximum height: 25 feet.
(b) Maximum lot coverage: 30 percent of rear yard.
(c) Minimum front yard setback: 50 feet, unless otherwise indicated on Zoning Map.
(d) Minimum side yard setback:
Corner lot line: 10 feet;
Interior lot line: 5 feet.
(e) Minimum rear yard setback: 5 feet.
3. Public or private parking lots for automobiles when adjacent to any "C" or "M" District, subject to
the requirements of the City's parking regulations, identified in Part 6 of this Chapter.
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Tustin City Code Section 9252j2
Cultural Resource (CR) District
(Proposed Changes in Red)
2. Residential standards
(a) Permitted uses:
(1) All uses shall be permitted in the Cultural Resources Overlay District as are
authorized in the underlying Residential District.
(2) The City Council may also permit other nonlisted uses which support the purposes of
the district as a conditional use following a public hearing and recommendation by the
Planning Commission.
(3) Second Residential Units
(a) Maximum height: 30 feet
(b) Minimum building site: none
(c) Maximum overall lot coverage for all structures combined: 50 percent
(d) Maximum lot coverage for the second residential unit: none
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit
(f) Minimum front yard setback for off - street parking: 20 feet
(g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 5 feet
(i) Maximum floor area of second residential unit: 50 percent of primary single -
family dwelling, not to exceed 600 square feet.
(j) The second residential unit shall be consistent with the architectural style,
materials and color of the primary single- family dwelling and shall not detract from the
single - family appearance of the primary single- family dwelling
(k) The second residential unit shall not cause a substantial adverse change, as
defined in California Public Resources Code Section 5020.1, in the significance of any
real property that is listed in the California Register of Historic Places or the City of
Tustin Historical Resources Survey.
(1) The second residential unit shall be constructed concurrently with, or subsequent
to, the primary single-family dwelling, which shall be conforming or brought into
conformance with the Tustin City Code.
(m) All entrances to the second residential unit shall be to the rear of the primary
single- family dwelling and shall not be visible from the public right -of -way.
(n) When the primary single- family dwelling would conform to the development
standards normally applicable to second residential units, and the second residential
unit is built between the primary single- family dwelling and the front prow line, the
second residential unit shall be subject to the development standards normally
applicable to the primary single - family dwelling
(b) Site development standards (applicable to creation of new lots only):
(1) Minimum single - family lot size: 10,000 square feet.
(2) Minimum multiple - family lot size: 15,000 square feet.
Development of existing lots within the CR District may proceed consistent with the
underlying residential zoning district. (Ord. No. 1207, Sec. 2, 11- 16 -98)
(c) Prohibited Uses
Accessory buildings used as quest quarters.
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