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Home My WebLink AboutPC RES 3869RESOLUTION NO. 3869 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 03-003 TO ADD TUSTIN CITY CODE SECTIONS 9222.a.5 AND 9223.a.7; AMEND SECTIONS 9224.b, 9225.a.2, 9226.a.1, and 9297; AND REPEAL 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 Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines: 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. Bo 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. C, 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. F, 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, and the Planning Resolution 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) (f) (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) (i) (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) (J) (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 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