HomeMy WebLinkAbout01-ATTACHMENT A (CITY COUNCIL REPORT APRIL 21, 2015) ATTACHMENT A
APRIL 21, 2015
CITY COUNCIL REPORT
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item
AGENDA REPORT City Man
M ager H�
City
Finance Director N/A
APRIL 21, 2015
JEFFREY C. PARKER, CITY MANAGER
ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR
CODE AMENDMENT 2015 -001 (ORDINANCE NO. 1454), SECOND
RESIDENTIAL UNITS IN THE CULTURAL RESOURCES DISTRICT
The project is a proposed amendment to the Tustin City Code that would provide new
standards for second residential units in the Cultural Resources (CR) District and prohibit
new accessory buildings used as guest quarters in the CR District.
On March 24, 2015, the Planning Commission adopted Resolution No. 4277
(renumbered Resolution No. 4280), recommending that the Tustin City Council adopt
Ordinance No. 1454, approving Code Amendment 2015 -001. (Applicant: City of Tustin)
RECOMMENDATION:
That the City Council:
1) Introduce and have first reading of Ordinance No. 1454, approving Code
Amendment (CA) 2015 -001 by amending Article 9 Chapter 2 of the Tustin City
Code (TCC) to provide new standards for second residential units in the CR
District and prohibit new accessory buildings used as guest quarters in the CR
District, and set a second reading for the next City Council meeting; and
2) Provide direction to staff to take the following actions regarding permit parking,
residential privacy, and illegally converted structures in the CR District:
a. Conduct an analysis and public workshop to explore the potential
establishment of permit parking on all residential streets within the CR
District;
b. During the plan check process, examine ways to respect residential privacy
for properties adjacent to any proposed second floor residential project; and,
c. Continue the practice of taking a predominantly reactive approach to the
enforcement of illegally constructed or converted structures; or take other
action as deemed appropriate.
City Council Report
April 21, 2015
CA 2015 -001
Page 2
FISCAL IMPACT:
CA 2015 -001 is a City- initiated project. There is no direct fiscal impact to the General
Fund.
CORRELATION TO THE STRATEGIC PLAN:
The proposed project furthers the objectives of the following Strategic Plan goals:
• Goal A: Economic and Neighborhood Development — The proposed project
would enhance the vibrancy and quality of life in the community.
• Goal B: Public Safety and Protection of Assets — The proposed project would
ensure Tustin is an attractive, safe and well maintained community in which
people feel pride.
APPROVAL AUTHORITY:
The TCC Section 9295g authorizes the City Council to adopt Zoning Code amendments
following a recommendation by the Planning Commission and a public hearing.
BACKGROUND AND DISCUSSION:
The TCC 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:
• A guest quarter is 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 (CUP) and includes the requirement for a deed restriction to ensure guest
quarters are not rented and 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
City Council Report
April 21, 2015
CA 2015 -001
Page 3
restrictions to be placed on their title and feel that the requirement for two (2) additional
parking spaces for second residential units is too onerous. In addition, it was noted that
there are many structures in Old Town that either have been illegally converted to
second residential units 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.
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 makes 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 residential 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.
City Council Report
April 21, 2015
CA 2015 -001
Page 4
Proposed Code Amendment
The proposed CA 2015 -001 would provide new standards for second residential units in
the 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.
CR District Second Unit Development Standards
Existing
Proposed
(Ordii
(Ordinance ,
No
Conditional Use Permit required
No
Maximum height
30 feet
30 feet
Minimum building site
12,000 square feet
None
Maximum overall lot coverage
50 percent
50 percent
Maximum lot coverage for the
30% of rear yard and
None
second unit
30% of side yard
Minimum front yard setback
50 feet - (detached)
50 feet- (detached)
20 feet - (attached)
20 feet - (attached)
50 feet
Minimum front yard setback for off-
50 feet
street parking
Minimum side yard setback
10 feet- corner
10 feet - corner
5 feet - interior
5 feet - interior
5 feet
One car garage or carport
Minimum rear yard setback
5 feet
Minimum off - street parking
Assigned two -car garage
50% of primary single - family
Maximum floor area of second unit
10% of lot area
dwelling, not to exceed 600
square feet
Yes
Impacts not permitted
Architectural review
Yes
Impact to historic structures on
California Register
Impacts not permitted
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
City Council Report
April 21, 2015
CA 2015 -001
Page 5
A�JALY�I�:
State Law related to Second Residential Units
On September 29, 2002, the Governor approved Assembly Sill 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:
to impose standards on second residential 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 residential units do not exceed the allowable density for the
lot upon which the second residential unit is located; and,
to designate areas within the jurisdiction of the local agency where second
residential units may be permitted.
Pursuant to Government Code Section 65852.2.b.5, no local agency shall adopt an
ordinance which totally precludes second residential 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.
Government Code Section 65852.2 allows local agencies to regulate the size of the
second residential unit, provided that at least an efficiency unit can be constructed in
compliance with local development standards. As described in the Health and Safety
Code, an efficiency unit must be a minimum of 150 square feet in size. Although
agencies may allow second residential units that are as large as, or larger than, primary
residential units, it is important to note that larger second residential units would tend to
be less affordable than smaller second residential units, thereby defeating the purpose
of Assembly Sill Igo. 1866.
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
City Council Report
April 21, 2015
CA 2015 -001
Page 6
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 Suzes iin the CR District
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
Figure 1 - CIS District
City Council Report
April 21, 2015
CA 2015 -001
Page 7
Figure 2 - Underlying Zoning and the CR District
Maximum Floor Area
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 Flans)..
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. The staff recommendation to allow second
residential units of up to 600 square feet is also based on the unique historic
development pattern and character of Old Town and the size, shape, and configuration
of many of the properties and residences within the CR District. Larger second
residential units with multiple bedrooms within the CR District, along with their needed
larger parking accommodations, could compromise the unique character of Old Town,
and particularly its single- family neighborhood.
Based on the size limitation of 600 square feet, 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 TCC.
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
City Council Report
April 21, 2015
CA 2015 -001
Page 8
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, with two (2) garage parking spaces.
However, the property owner has indicated a desire to take advantage of the proposed
ordinance and to redesign the project by reducing the overall living space to 600 square
feet and by reducing the two (2) garage parking spaces to one (1) garage parking
space.
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Covered or - RoP ,ir Porch
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SampQ a Moor Mans — Second ResWentW Unfts (approx. 500 square feet)
Sarnp a F oo r Man — Second ResWeQ- tW Unh (approx. 500 square feet •• sta 6o)
Parking
The proposed C4 requires one (1) 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
City Council Report
April 21, 2015
CA 2015 -001
Page 9
the property do not negatively impact adjacent properties or the character of the CR
District.
No accessory buildings used as guest quarters in CR District
The proposed CA 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 CUP process, have been 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 CUP 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) CUPs 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 CA 2015 -001 is approved as presented, the existing CUPs 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 CUP 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.
Community Impacts and Implications
The proposed CA 2015 -001 would have impacts and implications. The following are
consequences of additional second residential units in the CR District:
• More residences /residents in Old Town.
• Greater residential density on R1 properties in Old Town.
• More parked vehicles and traffic in Old Town.
• Less street parking for visitors and guests in Old Town.
• Greater demand on local parks and schools.
• Change in character from mostly single - family to multiple family in Old Town.
• More affordable housing in Old Town.
• Extra income for Old Town property owners.
• Potential for increased property values.
City Council Report
April 21, 2015
CA 2015 -001
Page 10
• 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 CA 2015 -001:
• Existing accessory guest quarters in the CR District that were approved by the
City would become legal non - conforming. The associated CUPs 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 residential unit and are approved by the City as second
residential 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 non - conforming.
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 /Regional Housing Needs
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.
The City has a Regional Housing Needs Assessment (RHNA) allocation of 1,227
housing units for the 2014 -2021 Planning Period. During 2014, the first year of the
current planning period, permits were issued for a total of 758 housing units, all of which
are located in Tustin Legacy. The following table summarizes the number of units by
income category and the RHNA percentage achieved. As demonstrated by the table,
the City has made significant progress in the first year of the current planning period in
providing affordable housing. The proposed CA 2015 -001 provides for an additional
149 potential affordable housing units in the CR District, thereby diversifying the
opportunities for affordable housing in Tustin.
City Council Report
April 21, 2015
CA 2015 -001
Page 11
City of Tustin
Housing Units Constructed and Housing Units Entitled
From January 1, 2014 through December 31, 2014
Number of
Number of
Approved
Percentage of
Income Level
Units
Units w/
Units
Total
RHNA
RHNA
Constructed
Permits Issued
Very Low
0
88
88
88
283
31.1%
(0 -50% MR)
Low Income (51-
0
73
73
73
195
37.4%
80% MR)
Moderate Income
0
101
101
101
224
45.1%
(81 -120° /,MFI)
Upper Income
0
496
496
496
525
94.5%
Total
0
758
758
758
1,227
rare mecian ramuy income
Source: City of Tustin Building Division, City of Tustin Planning Division, City Manager Office, Southern California Gas Company
Utility Releases
PLANNING COMMISSION ACTION:
Planning Commission Action on February 24, 2015
CA 2015 -001 was properly noticed for a February 24, 2015, public hearing, at which time
the Planning Commission opened the public hearing, staff provided a presentation, and
several members of the public provided testimony (see Attachment A — Minutes of
February 24, 2015, Planning Commission meeting). The Planning Commission (with the
exception of Chair Thompson who recused himself) deliberated the matter and considered
three (3) motions. Commissioner Altowaiji made a motion to reject the proposed
ordinance and to direct staff to prepare a revised ordinance exempting 12,000 square
foot lots and to analyze additional square footage requirements. This first motion failed
due to a lack of a second to the motion. Chair Pro Tern Lumbard then moved to adopt
Resolution No. 4277 and the motion was seconded by Commissioner Kozak, with
Commissioners Altowaiji and Smith opposed, so the motion failed 2 -2 -1. It was then
moved by Commissioner Kozak to continue the item to March 24, 2015, to provide
adequate time for staff to provide an analysis based on alternative proposals from
Commissioners Altowaiji and Smith. This third motion was seconded by Commissioner
Altowaiji and passed 3 -1 -1, with Chair Pro Tern Lumbard opposed.
Planning Commission Action on March 24, 2015
On March 24, 2015, the Planning Commission opened the public hearing, staff provided a
presentation, and two (2) members of the public provided testimony (see Attachments B —
March 24, 2015, Planning Commission Report; C — Minutes of March 24, 2015, Planning
Commission meeting; and D - Letter dated March 20, 2015, from the Tustin Preservation
Conservancy).
City Council Report
April 21, 2015
CA 2015 -001
Page 12
Following the public hearing, the Planning Commission considered all public input, staff's
recommendation, the alternative proposals from Commissioners Altowaiji and Smith;
deliberated the proposed CA 2015 -001; and, adopted Resolution No. 4277 (renumbered
Resolution No. 4280), which passed 3 -1 -1, with Commissioner Altowaiji opposed,
recommending that the City Council approve the proposed CA 2015 -001 (Attachment E).
Planning Commission Concerns
In addition to the proposed CA 2015 -001, the Planning Commission expressed concerns
pertaining to street parking, residential privacy, and structures illegally converted into living
quarters in Old Town and requested that staff forward these concerns to the City Council
for consideration and direction.
• Parking impacts
According to residents of the CR District, who spoke at the workshops and Planning
Commission meetings related to second residential units or communicated directly with
staff, many vehicles are parked on the residential streets adjacent to properties with
existing rental units and in locations close to businesses and multiple family residences
(see Attachment F — Email dated February 27, 2015, and photographs). If the proposed
CA 2015 -001 is approved, it is anticipated that street parking may be further impacted in
the CR District. Permit parking was discussed as one of the ways to alleviate parking
congestion in the residential areas of the CR District and should be explored.
• Privacy
Some members of the public suggested that additional setback requirements and height
limits be imposed on new second residential units to maintain a higher level of privacy
between adjacent properties. These stricter standards are not recommended, because
there are many existing two -story residences in the CR District, and the proposed CA
2015 -001 would apply the same side and rear yard setbacks and height restriction to
second residential units as are applied to the primary single - family dwelling. In addition,
some existing guest quarters and other structures that could otherwise be converted to
second residential units may be disqualified if additional standards were imposed.
However, privacy is one of the factors considered during the design review /plan review
process and can also be achieved through other means, including landscaping.
• Illegal living quarters
In response to complaints from the public and as a result of property inspections such as
Mills Act inspections, the City has initiated enforcement investigations related to structures
that were illegally built as living quarters or structures that were illegally converted to living
quarters. Some of these units were built or converted in recent years; however, many
could have been built or converted in the distant past. The City has traditionally taken a
more reactive approach to the enforcement of illegal structures versus a proactive
City Council Report
April 21, 2015
CA 2015 -001
Page 13
approach. The Planning Commission noted its concerns with not proactively addressing
these units and structures and desired to convey its concerns to the City Council.
The proposed CA 2015 -001 does not, and is not intended to, comprehensively address
these three (3) broader issues as they pertain to the CR District and the Old Town area as
a whole, and therefore, staff recommends that the City Council direct staff to take the
following actions:
1) Conduct an analysis and public workshop to explore the potential establishment of
permit parking on all residential streets within the CR District;
2) During the plan check process, examine ways to respect residential privacy for
properties adjacent to any proposed second floor residential project; and,
3) Continue the practice of taking a predominantly reactive approach to the
enforcement of illegally constructed or converted structures; or take other action as
deemed appropriate.
PUBLIC NOTICE, CHAMBER OF COMMERCE AND STAKEHOLDER REVIEW:
A public notice was published in the Tustin News on April 9, 2015, informing the public
of the City Council public hearing for proposed CA 2015 -001. In addition, approximately
660 notices were mailed to all owners of property within the CR District and within 300
feet of the CR District.
A copy of the staff report and proposed CA 2015 -001 were also forwarded to the
Chamber of Commerce, the Tustin Area Historical Society, the Tustin Preservation
Conservancy, and two (2) local realtor associations prior to the City Council's hearing
on the matter.
ENVIRONMENTAL:
The proposed CA 2015 -001 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.
City Council Report
April 21, 2015
CA 2015 -001
Page 14
CONCLUSION:
Proposed CA 2015 -001 would provide new standards for second residential units in the
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, while protecting the unique character of Old Town, and particularly its
single - family neighborhood. Accordingly, staff recommends that the City Council
approve CA 2015 -001.
Scott Reekstin Elizabeth A. Binsack
Principal Planner Director of Community Development
Attachments:
A. February 24, 2015 Planning Commission Minutes
B. March 24, 2015 Planning Commission Report
C. March 24, 2015 Planning Commission Minutes
D. Letter dated March 20, 2015, from the Tustin Preservation Conservancy
E. Planning Commission Resolution No. 4280 (formerly No. 4277)
F. Email dated February 27, 2015, and photographs
G. Draft Ordinance No. 1454 (Code Amendment 2015 -001)
H. Existing Tustin City Code Sections 9223 and 9252j with redlined changes