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HomeMy WebLinkAbout02 CODE AMEND 03-003 05-19-03 Agenda Item Reviewed: AGENDA REPORT' City Manager Finance Director MEETING DATE: MAY 19, 2003 TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT CODE AMENDMENT 03-003- SECOND RESIDENTIAL UNITS SUMMARY Code Amendment 03-003 is an amendment to Chapter 2 of Article 9 of the Tustin City Code relating to second residential units. The proposed amendment would provide standards for second residential units in several residential zoning districts and allow second residential units without discretionary review or hearing, in accordance with State Law. On May 12, 2003, the Planning Commission' recommended that the City Council approve Code Amendment 03-003. Applicant: City of Tustin Community Development Department RECOMMENDATICJN That the City Council introduce and have the first reading of Ordinance No. 1271, approving Code Amendment 03-003, and set for second reading at the Council's next scheduled meeting. FISCAL IMPACT Code Amendment 03-003 is a City-initiated project. The proposed amendment would amend the City's standards for second residential units. There are no direct or indirect fiscal impacts associated with the proposed code amendment. ENVIRONMENTAL 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. 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 City Council Report Code Amendment 03-003 May 19, 2003 Page 2 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, 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 City Council Report Code Amendment 03-003 May 19, 2003 Page 3 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 Maximum lot coverage for the second unit Minimum front yard setback Minimum front yard setback for off-street parking 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 Existing Yes 30 feet 10,000 square feet N/A 30% of rear yard- (detached) 50 feet-(detached) 20 feet-(attached) N/A 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 Proposed No 30 feet 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 5 feet Assigned two car garage Subject to 9271 bb 10% of lot area Yes Impacts not permitted Yes Yes (attached and detached) No City Council Report Code Amendment 03-003 May 19, 2003 Page 4 Single Family Residential (R-l) 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 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 Existing Yes 30 feet 12,000 square feet N/A 4O% 25 feet N/A 10 feet-corner 5 feet-interior 20 feet Two car garage N/A No maximum Yes N/A Yes N/A No Proposed No 30 feet 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 5 feet Assigned two car garage Subject to 9271 bb 10%of lot area Yes 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) City Council Report Code Amendment 03-003 May 19, 2003 Page 5 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) for50% (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) Driveways Subject to 9271 bb Subject to 9271 bb Sub.to 9271 bb 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 City Council Report Code Amendment 03-003 May 19, 2003 Page 6 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 927 lbb Subject to 9271 bb Sub. To 9271bb Maximum floor area 650 square feet- None 10% of lot area (detached) 10% of primary- (attached) 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 primary 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. City Council Report Code Amendment 03-003 May 19, 2003 Page 7 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 primary 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. 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 garage parking spaces would be required. Detached garages 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 character and appearance of the neighborhood and reduce the potential for any negative impacts. City Council Report Code Amendment 03-003 May 19, 2003 Page 8 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. 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. Applicability All second units for which applications are submitted to the Community Development Department on or after July 1, 2003 shall be considered ministerially without discretionary review or hearing. FINDINGS Findings to support the proposed amendments are as follows: · The proposed amendments would assure a safe, healthy, and aesthetically pleasing community for residents and businesses. The proposed amendments would 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. City Council Report Code Amendment 03-003 May 19, 2003 Page 9 · The proposed amendments would allow second (attached/detached) units in single- and multi-family districts, subject to land use policy and zoning ordinance restrictions. Scott Reekstin Senior Planner The proposed amendments would be consistent with State law. ~Elizabeth A. Binsack  Community Development Director ccreport\CA 03-003 Second Residential Unit Ordinance Attachments: Ordinance No. 1271 ORDINANCE NO. 1271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9222.a.5 AND 9223.a.7; AMENDING SECTIONS 9224.b, 9225.a.2, 9226.a.1, and 9297; AND REPEALING TUSTIN CITY CODE SECTIONS 9222.b.3, 9222.b.4, 9223.b.1, 9226.b.6, AND 9226.b.7 RELATING TO SECOND RESIDENTIAL UNITS. The City Council of the City of Tustin does hereby ordain as follows: The City Council finds and determines as follows: A. That the proposed amendments to the Tustin City Code related to second residential units have been prepared to provide standards for second residential units consistent with State law. B, That the Tustin City Code currently requires the approval of a conditional use permit for the establishment of second residential units in several residential zoning districts. Co That California Government Code Section 65852.2(a)(3) requires 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 a hearing. D, 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. E, That California Government Code Section 65852.2(a)(1) allows local agencies to provide that second units do not exceed the allowable density for the lot upon which the second unit is located. Fo 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. G. That on April 28, 2003, a public hearing was duly noticed, called, and held on Code Amendment 03-003 by the Planning Commission. The public hearing was continued to May 12, 2003, and the Planning Commission recommended that the City Council approve Code Amendment 03-003 to provide standards for second residential units. H. That on May 19, 2003, a public hearing was duly noticed, called, and held on Ordinance No. 1271 Page 2 Code Amendment 03-003 by the City Council. 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. J. 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. K. 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. L. 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 I 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. M, 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. No 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. ~. 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: 5. Second residential units (a) (b) (c) Maximum height: 30 feet Minimum building site: 12,000 square feet Maximum overall lot coverage for all structures combined: 50 percent Ordinance No. 1271 Page 3 (d) (e) (0 (g) (h) (i) (J) (k) (I) (m) (n) (o) (P) 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 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 Se_cJJoz].~. 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) (e) (f) 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 Ordinance No. 1271 Page 4 (g) (h) (~) ~) (k) (I) (m) (n) (o) (P) 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 S~ctJoJ3_L~. 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. ~cJJoJ~_~. The title of Section 9225.a.2 of the Tustin City Code is hereby amended to read as follows: Duplexes or Detached Single-family Dwellings Section VI. Section 9226.a.1 of the Tustin City Code is hereby amended to read as follows: Ordinance No. 1271 Page 5 1. 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) d) (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 9271 bb. ,S_e_c, IJoJ3__V~. Sections 9226.b.6 and 9226.b.7 of the Tustin City Code are hereby repealed in their entirety. Section VIII. 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. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason determined 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 by the City Council of the City of Tustin, at a regular meeting on the 2nd day of June, 2003. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk Ordinance No. 1271 Page 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1271 PAMELA STOKER, 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 5; that the above and foregoing Ordinance No. 1271 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 19th day of May, 2003 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 2nd day of June, 2003 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk