HomeMy WebLinkAbout02 CA 03-003Resolution No. 3869
Page 2
Commission recommended that the City. Council approve Code Amendment
03-003 to provide standards for second residential units.
H. That the proposed 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.
I. That the proposed second residential unit provisions are reasonably necessary
to protect the health, safety, and welfare of the citizens of the City of Tustin.
J,
That the proposed amendment will bring the City's requirements for the
establishment of second units into compliance with California Government
Code Section 65852.2.
K. 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.
Housing Element Policy 1.7 to allow second (attached/detached) units in
single- and multi-family districts, subject to land use policy and zoning
ordinance restrictions.
L,
That the proposed parking requirement for a second residential unit of two
garage parking spaces is directly related to the use of the second residential
unit and is consistent with the existing requirement of two parking spaces for a
primary residential unit.
M,
That the proposed parking requirement for a second residential unit of two
garage parking spaces shall not be satisfied though the use of tandem parking
because tandem parking is not permitted to satisfy required parking anywhere
else in the City of Tustin.
II. The Planning Commission hereby recommends that the City Council approve
Code Amendment 03-003 by amending Chapter 2 of Article 9 of the Tustin City Code as
follows:
Sections 9222.b.3 and 9222.b.4 of the Tustin City Code are hereby repealed in their
entirety and new Section 9222.a.5 of the Tustin City Code is hereby added to read as
follows:
Resolution No. 3869
Page 3
5. Second residential units
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
(J)
(k)
(I)
(m)
(n)
(o)
(P)
Maximum height: 30 feet
Minimum building site: 12,000 square feet
Maximum overall lot coverage for all structures combined: 50 percent
Maximum lot coverage for the second residential unit: 30 percent of rear
yard and 30 percent of side yard
Minimum front yard setback: 50 feet for detached unit; 20 feet for
attached unit
Minimum front yard setback for off-street parking: 50 feet
Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
Minimum rear yard setback: 5 feet
Maximum floor area of second residential unit: 10 percent of total lot area
Minimum Off-street parking: Assigned two-car garage in addition to the
required parking for the primary single-family dwelling
Driveways: Subject to Subsection 9271bb
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
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
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
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
VVhen 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
Section 9223.b.1 of the Tustin City Code is hereby repealed in its entirety, Sections
9223.b.2 through 9223.b.4 renumbered accordingly, and new Section 9223.a.7 of the
Tustin City Code is hereby added to read as follows:
7. Second residential units
(a)
(b)
(c)
(d)
Maximum height: 30 feet
Minimum building site: 12,000 square feet
Maximum overall lot coverage for all structures combined: 50 percent
Maximum lot coverage for the second residential unit: 30 percent of rear
yard and 30 percent of side yard
Resolution No. 3869
Page 4
(e)
(0
(g)
(h)
(k)
(I)
(m)
(n)
(o)
(P)
Minimum front yard setback: 50 feet for detached unit; 20 feet for
attached unit
Minimum front yard setback for off-street parking: 50 feet
Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
Minimum rear yard setback: 5 feet
Maximum floor area of second residential unit: 10 percent of total lot area
Minimum Off-street parking: Assigned two-car garage in addition to the
required parking for the primary single-family dwelling
Driveways: Subject to Subsection 9271bb
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
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
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
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
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
Section 9224b (first paragraph) of the Tustin City Code is hereby amended to read as
follows:
b. Conditionally Permitted Uses
Any use permitted in any "R" District is permitted in the Planned Development District
(PD), subject to a use permit, except that second residential units are not permitted and
home occupations in accordance with this chapter are allowed as outright permitted
uses.
The title of Section 9225.a.2 of the Tustin City Code is hereby amended to read as
follows:
Resolution No. 3869
Page 5
Duplexes or Detached Single-family Dwellings
Section 9226.a. 1 of the Tustin City Code is hereby amended to read as follows:
o
All uses permitted in the R-2 District, subject to a use permit if required for the
use in an R-2 District.
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
(k)
Maximum height: As specified in the R-2 District
Minimum building site area: As specified in the R-2 District
Minimum lot width at property line: As specified in the R-2 District
Maximum lot coverage: As specified in the R-2 District
Minimum landscape open space: 35 percent
Minimum front yard setback: As specified in the R-2 District
Minimum side yard setback: As specified in the R-2 District
Minimum rear yard setback: As specified in the R-2 District
Minimum lot area per family unit: 1,750 square feet
Off-street parking: As specified in the R-2 District
Driveways: Subject to Subsection 9271bb.
Sections 9226.b.6 and 9226.b.7 of the Tustin City Code are hereby repealed in their
entirety.
The following definition is hereby added to Section 9297 of the Tustin City Code:
"Second Residential Unit" means a building or portion thereof designed for residential
occupancy on a lot developed with a legal conforming single-family dwelling.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting held on the 12th day of May, 2003.
ELIZABETH A. BINSACK
Planning Commission Secretary
Linda C. Jennings
Chairperson
Resolution No. 3869
Page 6
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
)
) ss
)
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3869 was duly passed and adopted at the regular meeting of the Tustin
Planning Commission, held on the 12th day of May, 2003.
ELIZABETH A. BINSACK
Planning Commission Secretary
ITEM #2
Report to the
Planning Commission
DATE: APRIL 28, 2003
TO:
FROM:
SUBJECT:
PLANNING COMMISSION
COMMUNITY DEVELOPMENT DEPARTMENT
CODE AMENDMENT 03-003 (SECOND RESIDENTIAL UNITS)
RECOMMENDATION
That the Planning Commission hold a public hearing and continue the public hearing for
Code Amendment 03-003 to the May 12, 2003, Planning Commission meeting.
BACKGROUND AND DISCUSSION
The Tustin City Code provides for the establishment of a second residential unit on a lot
developed with a single-family dwelling with the discretionary approval of a conditional
use permit. On September 29, 2002, the Governor approved Assembly Bill 1866, which
amended Government Code Section 65852.2 to require that when a local agency
receives its first application on or after July 1, 2003, for a second residential unit, the
application shall 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 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,
Planning Commission Report
Code Amendment 03-003
April 28, 2003
Page 2
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.
Code Amendment 03-003 would define "second residential unit;" provide standards for
second residential units on lots developed with a single-family dwelling in the Residential
Estate (E-4), Single Family Residential (R-l), Duplex Residential (R-2), and Multiple
Family Residential (R-3) zoning districts and would allow the units as outright permitted
uses in those four districts by amending several sections of Chapter 2 of Article 9 of the
Tustin City Code.
In the Planned Development (PD) zoning district, second residential units would not be
permitted because all uses in that district require the approval of a conditional use permit
which can no longer be required for a second residential unit. In the Suburban Residential
(R-4) zoning district, the Tustin City Code already permits a variety of residential units and
separate provisions for second units are not proposed. In Planned Community districts,
second residential units would be permitted only if the applicable Specific Plan or Planned
Community Regulations expressly allowed second units.
The proposed code amendment would also provide separate standards for detached
single-family dwellings in the R-2 and R-3 Districts. The standards for detached dwellings
would be less restrictive than those applied to second units, but the City would have more
discretion in reviewing detached dwellings because they would not be limited to the
ministerial review required by Government Code Section 65852.2 for second units.
Existing standards for attached dwellings in the R-2 and R-3 Districts, such as duplexes,
are not proposed to be revised.
Proposed Amendments
Proposed Ordinance No. 1271 would revise most of the current development standards
for second residential units and would add several new standards. The proposed
changes are noted below for each of the affected residential zoning districts.
Residential Estate (E-4) District
SECOND UNIT DEVELOPMENT STANDARDS
Conditional Use Permit
required
Maximum height
Minimum 'building site
Maximum overall lot
coverage for all structures
Existing
Yes
30 feet
10,000 square feet
N/A
Proposed
No
30 feet
12,000 square feet
50 percent
Planning Commission Report
Code Amendment 03-003
April 28, 2003
Page 3
Maximum lot coverage for
the second unit
Minimum front yard setback
Minimum front yard setback
for off-street parking
30% of rear yard-
(detached)
50 feet-(detached)
20 feet-(attached)
N/A
30% of rear yard and
30% of side yard
50 feet-(detached)
20 feet-(attached)
50 feet
Minimum side yard setback
Minimum rear yard setback
Minimum off-street parking
Driveways
Maximum floor area of
second unit
Design requirements
Impact to historic structures
on California Register
Concurrent or subsequent
construction required
Entrances to the rear and
not visible from r.o.w.
Owner Occupancy
10 feet-corner-(detached)
5 feet-interior-(detached)
10% of lot width-(attached)
5 feet-(detached)
20 % of lot depth-(attached)
One covered space
N/A
650 square feet-(detached)
10% of primary-(attached)
Yes
N/A
Yes
N/A
Yes
10 feet-corner
5 feet-interior
5 feet
Assigned two car garage
Subject to 9271bb
10% of lot area
Yes
Impacts not permitted
Yes
Yes
(attached and detached)
No
Single Family Residential (R-,!) District
SECOND UNIT DEVELOPMENT STANDARDS
Conditional Use Permit
required
Maximum height
Minimum building site
Maximum overall lot
coverage for all structures
Maximum lot coverage for
the second unit
Minimum front yard setback
Minimum front yard setback
for off-street parking
Minimum side yard setback
Existing
Yes
Proposed
No
30 feet 30 feet
12,000 square feet
N/A
40%
25 feet
N/A
10 feet-corner
5 feet-interior
12,000 square feet
50 percent
30% of rear yard and
30% of side yard
50 feet-(detached)
20 feet-(attached)
50 feet
10 feet-corner
5 feet-interior
Planning Commission Repo~
CodeAmendment03-003
ApHI28,2003
Page 4
Minimum rear yard setback
Minimum off-street parking
Driveways
Maximum floor area of
second unit
Design requirements
Impact to historic structures
on California Register
Concurrent or subsequent
construction required
Entrances to the rear and
not visible from r.o.w.
Owner Occupancy
20 feet
Two car garage
N/A
No maximum
5 feet
Assigned two car garage
Subject to 927 lbb
10%of lot area
Yes Yes
N/A
Yes
N/A
No
Impacts not permitted
Yes
Yes
(attached and detached)
No
Duplex Residential (R-2) District
DEVELOPMENT STANDARDS FOR SECOND UNITS AND DETACHED DWELLINGS
, ,
Existing Proposed- Proposed-
Detached Dwellings Second Units
Conditional Use Yes (detached) No No
Permit required No (attached)
Maximum height 30 feet (detached) 35 feet 30 feet
35 feet (attached)
Minimum required lot 12,000 sq ft 7,200 square feet 12,000 square
size (detached) feet
7,200 sq ft
(attached)
Maximum lot 40% (detached) 50% 50%
coverage (overall) for 50% (attached)
all structures
Minimum front yard 25 feet (detached) 20 feet 50 ft (detached)
setback 20 feet (attached) 20 ft (attached)
Minimum front yard N/A N/A 50 feet
setback for off-street
parking
Minimum side yard 10 feet-corner 10 feet-corner 10 feet-corner
setback 5 feet-interior 5 feet-interior 5 feet-interior
Minimum rear yard 20 feet (detached) 10 feet 5 feet
setback 10 feet (attached)
Minimum off-street Two car garage Two spaces, one of Assigned two
parking (detached) which shall be a car garage
Two spaces, garage space
including one garage
space (attached)
Planning Commission Report
Code Amendment 03-003
April 28, 2003
Page 5
.Driveway~ Subject to 9271bb Subject to 927 lbb Sub.to 9271bb
Maximum floor area None None 10% of lot area
of second unit
Design requirements Yes Yes Yes
.........
Impact to historic N/A N/A Impacts not
structures on permitted
California Register
Concurrent or Yes N/A Yes
subsequent
construction required
Entrances to the rear NO No Yes
and not visible from (attached and
r.o.w, detached)
Owner Occupancy No .. No No
Multiple Family Residential (R-3) District
DEVELOPMENT STANDARDS FOR SECOND UNITS AND DETACHED DWELLINGS
Existing Proposed- Proposed-
Detached Dwellings Second Units
Conditional Use Yes No No
Permit required
Maximum height 35 feet '35 feet 30 feet
Minimum required lot 7,000 square feet 7,200 square feet 12,000 square
size feet
Maximum lot 30% of rear Yard- 50% overall 50% overall
coverage (detached)
Minimum front yard 50 feet-(detached) 20 feet ..... 50 ft (detached)
setback 15 feet-(attached) 20 ft (attached)
Minimum side yard 10 feet-corner 10 feet-corner 10 feet-corner
setback 5 feet-interior 5 feet-interior 5 feet-interior
Minimum rear yard 5 feet-(detached) 10 feet 5 feet
setback 10 feet-(attached)
Required off-street One covered space Two spaces, one of Assigned two
parking which shall be a car garage
garage space
Driveways Subject to 9271bb Subject to 9271bb Sub. To 9271bb
Maximum floor area 650 square feet- None 10% of lot area
(detached)
10% of primary-
(attached)
Planning Commission Report
Code Amendment 03-003
April 28, 2003
Page 6
Design requirements Yes Yes Yes
Impact to historic N/A N/A Impacts not
structures on the permitted
California Register
Concurrent or Yes N/A Yes
subsequent
construction required
Entrances to the rear No No Yes
and not visible from (attached and
r.o.w, detached)
Owner Occupancy Yes No No
SUMMARY OF PROPOSED DEVELOPMENT STANDARDS (E-4 and R-1 DISTRICTS)
Maximum Height
The maximum allowed height of the second residential unit would equal the maximum
allowed height for the pdmary single-family dwelling in the applicable zoning district.
Minimum Building Site
The minimum building site is proposed to be 12, 000 square feet. The proposed minimum
lot size is consistent with the Iow density residential designation of the Tustin General
Plan, which requires a minimum of about 6,000 square feet of lot area per dwelling unit in
the E-4 and R-1 zoning districts.
Maximum Lot Coverage
Ordinance No. 1271 would establish an overall lot coverage of 50 percent for all of the
combined structures on a lot. It would also limit the coverage of the rear yard or side yards
of the lot by the second residential unit to 30 percent.
Minimum Setbacks
The required minimum rear and side yard setbacks would be same for the primary single-
family dwelling and a second residential unit (attached or detached). Furthermore, the
required front yard setback for an attached second residential unit and the pdmary
dwelling would be the same. However, to preserve the single-family character of the
district, the front yard setback for a detached second residential unit and for all second unit
garage parking spaces would be 50 feet.
Planning Commission Report
Code Amendment 03-003
April 28, 2003
Page 7
Maximum Floor Area
The maximum allowed floor area of the second residential unit would be greater for larger
lots. For the minimum building site of 12,000 square feet, the second residential unit
would be no larger than 1,200 square feet of living area. A lot of 20,000 square feet could
accommodate a second residential unit of up to 2,000 square feet.
Minimum Off-Street Parking
A minimum of two assigned garege parking spaces would be required. Detached gareges
would be subject to the development standards for accessory buildings. As required by
State law, there are findings in the Ordinance that allow more than one parking space to
be required and to prohibit the use of tandem parking as required parking spaces. The
prohibition on tandem parking would be appropriate because tandem parking is not
permitted to satisfy required parking anywhere in the City of Tustin.
Miscellaneous Development Standards
Ordinance No. 1271 also includes development standards related to design, location of
entrances, construction sequencing, and impacts to historic properties listed on the
California Register of Historic Places and the City of Tustin Historical Resources Survey.
Substantial adverse changes that impair the significance of an historical resource would be
prohibited. These development standards are intended to preserve the single-family
charecter and appearance of the neighborhood and reduce the potential for any negative
impacts.
SUMMARY OF PROPOSED DEVELOPMENT STANDARDS (R-2 and R-3 DISTRICTS)
In the R-2 and R-3 Districts, multiple dwelling units of various types are currently permitted
by the Tustin City Code. Ordinance No. 1271 would establish the same development
standards for single structure duplexes and two or more detached single-family residential
units and would provide separate standards for second residential units.
Pursuant to Tustin City Code Section 9225.a.1, all uses permitted in the R-1 District are
also permitted in the R-2 District. Similarly, pursuant to Tustin City Code Section 9226.a. 1,
all uses permitted in the R-2 District are also permitted in the R-3 District. As second units
would be permitted in the R-1 District, they also would be permitted in the R-2 and R-3
Districts.
The standards for second units would only apply to lots that are developed with an existing
single-family dwelling or when constructed concurrently with the primary single-family
dwelling. The standards would not apply to a dwelling unit to be constructed on a lot
developed with two or more existing units. The proposed standards for detached single-
family dwellings would apply when three or more units would be situated on a lot.
Planning Commission Report
Code Amendment 03-003
April 28, 2003
Page 8
When a second unit is developed in an R-2 or R-3 District, the development standards for
second units could apply, and the second unit would be allowed without discretionary
review or hearing subject to the development standards found under the R-1 District.
Alternatively, the second unit could be developed according to the less restrictive
development standards for duplexes and detached single-family dwellings found under the
R-2 District. However, Government Code Section 65852.2 would not apply under this
alternative and discretionary design review approval would be required.
ENVIRONMENTAL ANALYSIS
The proposed 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.
CITY A'I-I'ORNEY REVIEW
The City Attorney has reviewed Code Amendment 03-003. Staff recommends that the
Planning Commission hold a public hearing and continue the public hearing for Code
Amendment 03-003 to the May 12, 2003, Planning Commission meeting to allow for a
second public notice to be published in a newspaper of local circulation.
Scott Reekstin
Senior Planner
I~lizabe~hA. Bins~ck' -
Community Development Director
Attachment: Resolution No. 3869
S:~CdcI~PCREPOR'F~CA 03-003(second residential unlta).doc