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HomeMy WebLinkAboutPC RES 4280RESOLUTION NO. 4280 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 agencies to designate areas within where second units may be permitted. Section 65852.2(a)(1) allows local the jurisdiction of the local agency 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. 4280 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 on February 24, 2015, the Planning Commission continued consideration of Code Amendment 2015-001 to March 24, 20151 to provide adequate time for staff to provide an analysis based on alternative proposals from Commissioners Altowaiji and Smith. 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: Land Use Element Goal 4 to assure a safe, healthy, and aesthetically pleasing community for residents and businesses. Resolution No. 4280 Page 3 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. 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 14th day of April, 2015. AUSTIN LUMBARD Chairperson Pro Tem ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4280 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. 4280 was passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of April, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Kozak, Lumbard, Smith (3) Altowaij i (1) Thompson (1)