HomeMy WebLinkAboutPH 3a ZONING ORD 83-2 08-01-83DATE:
August l, 1983
PUBLIC HEARING
No. 3
8-1-83
Inter-Com
TO:
FROH:
SUBJECT:
Honorable Mayor & City Council Members
Community Development Department
Zoning Ordinance Amendment No. 83-2
Second Units in Single-Family & Multi-Family Residential Zones
BACKGROUND
At the regularly scheduled meeting on July 25, 1983, the Planning
Commission adopted Resolution No. 2096, recommending to the City Council
approval of Zoning Ordinance Amendment No. 83-2. This amendment would
allow second units, by use permit, in the E-4 and R-3 districts and subject
them to certain development standards.
DISCUSSION
Enclosed is the Planning Commission staff report that details the formation
of this zoning ordinance amendment. Also included is the discussion
outlining the development standards for second units, and findings allowing
second units in E-4 and R-3 districts.
RECOI~NDED ACTION
M.O. - That Ordinance No. 892 have first reading by title only.
M.O. - That Ordinance No. 892 be introduced.
ASSOCIATE PLANNER
EMK:jh
Attachment:
Planning Commission Resolution No. 2096
Planning Staff Report, July 25, 1983
Ordinance No. 892
DATE:
July 25, 1983
UBLIC HEARING NO. 3
lnter-Com
TO:
FROH:
SUBJECT:
Honorable Chairman & Planning Commission Members
Community Development Department
Amendment to the Zoning Ordinance No. 83-2
Second Units in Single-Family and Multi-Family Residential Units
BACKGROUND
Government Code Sections 65852.1 and 65852.2 requires cities to allow
second units on single-family and multi-family zones and permits cities to
adbpt an ordinance regulating the creation of these units. This
legislation stems from two State bills, SB 1160 (Mello) and SB 1584
(Mello). SB 1160 (Mello) allowed cities to permit secondary units on
single-family lots for the elderly if they felt these units were
appropriate. SB 1584 mandates that cities will permit second units on
single- and multi-family zoned lots.
To meet the mandate of SB 1584, the City has three choices. It can: 1)
make certain findings to declare itself exempt from the statute, but these
specific findings are difficult to prove and open to. legal challenge; 2) do
nothing and be required to issue these permits subject to the State's
requirements; or 3) adopt your own ordinance.
A Jotnt Commission/Council workshop was held to discuss this matter and it
was the recommendation of both bodies to prepare an ordinance to regulate
the use of second units in single- and multi-family zones. At its
regularly scheduled meeting, the Planning Commission directed staff to
advertise for the proposed zoning ordinance change.
DISCUSSION
The contents of the second unit ordinance will be based on provisions
outlined in state statutes, which include:
1. Areas may be designated in the Jurisdiction where second units are
permitted.
2. The designated areas must be based on certain criteria or findings.
The interpretation of these two sections, when taken together, gives the
City the ability to utilize very broad criteria to designate area to
assure that there will not be an adverse impact upon the public health,
safety and welfare of the community.
Second Units in Single-Family & Multi-Family Residential Zones
July 25, 1983
Page 2
3. Development standards may be imposed on second units.
A city may, in its discretion, find that second units provided for
do not exceed the allowable density for the lot upon which it is
located and is consistent with the general plan and zoning
designation.
Second units created cannot be counted toward a growth control
ordinance.
A city may establisha process for the issuance of a conditional use
permit.
Within the City, the E-4 district will provide the greatest opportunity for
second units without impacting the surrounding neighborhoods. The 10,000
square foot lots and eighty (80) foot frontage will be adequate to
accommodate a 30'x24' structure along with an additional on-site covered
parking space. The wider lots would provide more street frontage for
on-street parking. The addition would not increase the density beyond that
authorized for Planned Development district.
Permitting a second unit in'the R-3 district would have no adverse impact
since density would be less than that permitted within the district.
The addition of a second unit will be by use permit subject to the
following development.standards:
1. The owner of the property must reside at the site.
2. A detached unit cannot exceed 650 square feet in area.
3. One additional covered on-site parking space is required.
Maximum lot coverage for a detached unit cannot exceed 30% of the
rear yard.
An attached unit cannot exceed 10% of the gross floor area of the
existing structure.
FI#I)INGS
In order to meet the State's provisions, the City should state findings
demonstrating why second units are allowed in the E-4 and R-3 districts and
precluded in other residential districts.
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.
Second Units in Single-Family & Multi-Family Residential Zones
July 25, 1983
Page 3
The 80 foot frontage and 10,000 square foo~ 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.
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 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 properties are developed with minimum
sideyard setbacks.
RECOI~4~NDED ACTION
Staff recommends the Planning Commission recommend to the City Council an
amendment to the Zoning Ordinance authorizing second units in the E-4 and
R-3 districts by adoption of attached Resolution No. 2096.
ASSOCIATE PLANNER
EMK:Jh
Attachments: Resolution No. 2096
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RESOLUTION NO. 2096
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL
OF AMENDMENT NO. 83-2 TO THE ZONING ORDINANCE
AUTHORIZING SECOND RESIDENTIAL UNITS IN THE E-4
AND R-3 DISTRICTS AND ESTABLISHING CRITERIA
The Planning Commission of the City of'Tustin, California does
hereby resolve as follows:
I. The Planning Commission 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 units may
be based on criteria and development standards may be
imposed.
c. That a pu.blic hearing was duly called, noticed and
held on the proposed amendment to the Zoning Ordinance.
d. 'The PlanningCo,~ission 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 lO,O00 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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Resolution No. 2096
July 2~, 1983
Page 2
Se
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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 properties are
developed with minimum sideyard setbacks.
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.
I,I,
The Planning Commission hereby recommends to the City Council
amendments to the Zoning Ordinance (Ordinance 157) and the
Tustin City Code as follows:
9222 RESIDENTIAL ESTATE DISTRICT
b. Conditionally Permitted Uses and Development Standards
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Detached second residential units 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 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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Resolution No. 2096
July 25~ 1983
Page 3
he
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 li~ving 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:
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a. Maximum lot coverage: 30 percent of rear yard;
b. Minimum side yard setback: corner lo[ line-lO 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.
Attached second residential units when lot is developed with
a single-family resident subject to a use permit and the
following criteria:
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Resolution No. 2096
July 25, 1983
Page 4
a. The unit shall be attached to an existing residence and
a part of the living area of the existing dwelling;
The added unit shall not exceed 10 percent of the gross
floor area of the existing inhabitable li.ving area,
excluding garages and accessory buildings;
Parking requirement: One (1) covered space (carport or
garage) in addition to the two (2) garage spaces
required for the primary residential units;
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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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PASSED AND ADOPTED at a regular
Commission, held on the.~J'tv~
meeting of the Tustin Planning
day ofL.~y/~- , 1983.
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Janet Seste~
15 Recording Secretary
James B. Sharp, Chairman
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, JANET HESTER, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tusttn, California; that Resolution No.~?~ was duly -
passed and adopted at a regular meeting of ~e Tustin Planning
Commission, held on the~j'~ day ofk~,J,~, , 19~J .
Janet Hest~r
Tusttn Planning Commission
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ORDINANCE NO. 892
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, 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:
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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 units 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.
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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.
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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.
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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.
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Second units within the R-3 District are in
conformance with density and development standards
and lot coverage.
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Ordinance No. 8.
Page 2
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II.
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 properties are
developedwith minimum sideyard setbacks.
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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.
The City Council hereby approves an amendment to the Zoning
Ordinance (Ordinance 157) and the Tustin City Code as
follows:
9222 RESIDENTIAL ESTATE DISTRICT (E-4)
b. Condi
1.
tionally Permitted Uses and Development Standards
Detached second residential units 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 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: i covered space (carport or garage)
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0rdinance No. (
Page 3
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: I 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.
Attached second residential units when lot is developed with
a single-family resident subject to a use permit and the
following criteria:
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Ordinance No.
Page 4
a. The unit shall be attached to an existing residence and
a part of the living area of the existing dwelling;
The added unit shall not exceed 10 percent of the gross
floor area of the existing inhabitable living area,
excluding garages and accessory buildings;
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
dwelling 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
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