HomeMy WebLinkAboutORD FOR ADOPTION 08-15-83DATE:
August 15, 1983
ORDINANCE FOR ADOPTION
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TO:
FROM:
S UBJ ECT:
Nonorable Mayor & City Council Members
Community Development Department
Follow Up Report Concerning Amendment No. 83-2 to the Zoning
Ordinance - Second Unit Residential in the E-4 and R-3 Zones
DISCUSSION
The City Council, at its meeting on August 1, 1983, introduced and first
read Ordinance 892, authorizing the placement of second residential family
units on properties located in the City's E-4 and R-3 zoning districts
subject to approval of a use permit. However, the Council expressed
concern the proposed Ordinance is not practical since there were few
single-family residential lots and the R-3 zone presently allows
multiple-family residential. Staff was directed at that meeting to further
analyze the proposed Ordinance and report back to Council.
Staff shares the concerns expressed by Council since state legislation,
allowing second residential units is in reality impractical to implement
and difficult to enforce. The state legislature, while .making an effort to
promote housing opportunities, has passed a law, very general in nature,
yet applicable to all distinctly different cities in the state. Since
Tustin is mandated to implement state law, this proposed ordinance was
generated at a joint workshop session conducted with the Planning
Commission and City Council.
It is staff's opinion that permitting unrestricted placement of second
residential units throughout the R-1 zones in the City would in effect
eliminate single-family zoning protection. The typical low density General
Plan designation permits approximately 6-8 residential units per acre. If
second family units were permitted, the R-1 zone would in reality contain a
density between 12 and 16, which is a medium density multiple residential
zone. Therefore, staff recommends application of second family units in
areas either presently permitting this higher density, such as the R-3
zone, or in the E-4 zone, which contains single-family homes on 10,000
square foot lots.
While the Council is concerned that limiting second residential units to
E-4 or R-3 zones does not meet the intent of state law to promote
additional housing, staff believes Tustin preceded state law by permitted
guest cottages in the R-1 district several years ago. Essentially, a home
owner who has a dire need to house a family member in separate dwelling
quarters, may apply to construct a guest cottage, which does not include
kitchen facilities. Without a kitchen, this unit will most likely not be
rented as will second family units permitted by Ordinance 892.
Mayor & City Council
August 15, 1983
Page 2
The Council also expressed concerns regarding enforcement of the second
family unit Ordinance. Staff agrees it will be difficult to enforce, but
little choice has been provided by state law. Property owners wishing to
construct second units must obtain a use permit, which will provide the
City a record of their location and conditions of approval. The use permit
hearing will also notify neighbors that such a dwelling unit is being
constructed. Violation of use permit conditions will therefore be brought
to staff's attention by concerned neighbors. The use permit may then be
reviewed or revoked by the Planning Commission as necessary.
Attached to this transmittal are typical site plans drawn by staff to
provide Council a visual comparison of lot coverage on a typical E-4, an
R-1 7,500 and R-1 5,000 square foot lots. Also included is a City map
indicating the location of E-4 lots presently in the City of Tustin, which
amounts to a total of 62. However, virtually all of the North Tustin
unincorporated area is also zoned E-4 and if annexed to the City, will most
likely benefit from this zonin§ ordinance amendment.
RECOI~ENDATION
Pleasure 'of the Council.
Director of Community Development
Attachments: Site Plan
Map of City
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COUNTY E-4 ZONE
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ORDINANCE NO. 892
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFQRNIA, APPROVING AMENDMENT NO. 83-2
TO THE ZONING ORDINANCE AUTHORIZING SECOND
RESIDENTIAL UNITS IN THE E-4 AND R-3 DISTRICTS
AND ESTABLISHING CRITERIA
The City Council of the City of Tustin, California does hereby
ordain as follows:
I. The City Council finds and determines as follows:
a. That Section 65852.2 of the Government Code of the
State of California (Planning and Zoning Law) authorizes
the creation of second units in single-family and
multi-family residential zones and areas may be
designated within the City where second units are
permitted.
b. That the designation of areas for second unit~ may
be based on criteria and development standards may be
imposed.
c. That a public hearing was duly Called, noticed and
held on the proposed amendment to the Zoning Ordinance.
d. The City Council hereby makes the following findings
of fact:
Local residential units within the E-4 District and
the R-3 District do not exceed the allowable density
for the lot on which it is located and that second
units are a residential use consistent with the
existing General Plan and zoning designations for the
lot.
The authorization of second residential units will
provide partial accommodation of the housing needs
specified in the Regional Allocation Housing Model to
be incorporated in revisions of the Housing Element
of the Tustin Area General Plan.
The 80-foot frontage and 10,000 square foot lots of
the E-4 District can accommodate residential units
without adverse impacts upon the density or
neighborhood amenities of the E-4 District as related
to parking accommodations and lot coverage.
Second units within the R-3 District are in
conformance with density and development standards
and lot coverage.
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Ordinance No. 87
Page 2
Pursuant to Section 21080 (b)(17) of the Public
Resources Code of the State of California, the
creation of a second residential unit is exempt from
the requirements of the California Environmental
Quality Act.
The creation of second units in residential districts
other than E-4 and R-3 will adversely impact the
community due to the. limited lot frontage available
for on-street parking, the absence of on-site lot
width to accommodate parking requirements and
set-backs from adjoining structures, constricting of
adequate light and air spaces for adjoining
residential structures, and the potential for hazards
to health and safety due to restricted accessibility
to second units where existing prope6ties are
developed with minimum sideyard setbacks.
e
The protection of the amenities of a residential
district authorized second unit can be assured by a
public hearing, use permit, and the application of
criteria and development standards for the second
residential units.
II.
The City Council hereby approves an amendment to the Zoning
Ordinance (Ordinance 157) and the Tustin City Code as
follows:
9222 RESIDENTIAI~ ESTATE DISTRICT (E-4)
b. Conditionally Permitted Uses and Development Standards
Detached second residential units when the lot is developed
wi th a single-family residence subject to a use permit and
the following criteria:
a. Maximum lot coverage: 30 percent of rear yard;
b. Minimum front yard setback: 50 feet
c. Minimum side yard setback: corner lot line-lO feet,
interior lot line-5 feet;
d. Minimum rear yard setback: 5 feet;
e. Maximum floor area: 650 square feet;
f. Parking requirement: 1 covered space (carport or garage)
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Ordinance No. 8~'
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Consistency of second unit with materials and design of
primary unit;
The applicant for a permit and occupant of one of the
dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
Attached second residential units when lot is developed with
a single-family residence subject to a use permit and the
following criteria:
a. The unit shall be attached to an existing residence and
a part of the living area of the existing dwelling;
b. The added unit shall not exceed 10 percent of the gross
floor area of the existing inhabitable living area,
excluding garages and accessory buildings;
c. Parking requirement: One (1) covered space (carport or
garage) in addition to the two (2) garage spaces
required for the primary residential unit;
d. The applicant for a permit and occupant of one of the
dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
9266 MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-3)
b. Conditionally permitted Uses and Development Standards
6. Detached second residential unit when the lot is developed
with a single-family residence subject to a use permit and the
following criteria:
a. Maximum lot coverage: 30 percent of rear yard;
b. Minimum side yard setback: corner lot line-10 feet,
interior lot line-5 feet;
c. Minimum rear yard setback: 5 feet;
d. Maximum floor area: 650 square feet;
e. Parking requirement: 1 covered space (carport or garage)
f. Consistency of second unit with materials and design of
primary unit;
g. Minimum front yard setback: 50 feet
h. The applicant for a permit and occupant of one of the
dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
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Attached second residential units when lot is developed with
a single-family resident subject to a use permit and the
following criteria:
Ordinance No. 8.
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a. The unit shall be attached to an existing residence and
a part of the living area of the existing dwelling;
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The added unit shall not exceed 10 percent of the gross
floor area of the existing inhabitable ,living area,
excluding garages and accessory buildings;
Ce
Parking requirement: One (1) covered space (carport or
garage) in addition to the two {2) garage spaces
required for the primary residential units;
The applicant for a permit and occupant of one of the
d~elling units shall be an'owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
held on the day of , 1983.
ATTEST:
Ronald B. Hoesterey, Mayor
Mary Wynn
City Clerk