HomeMy WebLinkAboutPC RES 4337 RESOLUTION NO. 4337
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
1479, ADDING TUSTIN CITY CODE SECTIONS 9252jj
AND 9288a7 AND AMENDING TUSTIN CITY CODE
SECTIONS 9222a5, 9222b2, 9223a7, 9223b2, 9224b1,
9244d8, 9252j2, 92638, 9264b, 9297, and 9299b1(i)
RELATING TO ACCESSORY DWELLING UNITS.
The Planning Commission does hereby resolve as follows:
A. That on September 29, 2002, the Governor approved Assembly Bill No.
1866, which amended Government Code Section 65852.2 to facilitate the
provision of affordable housing throughout California.
B. That on September 27, 2016, the Governor approved Assembly Bill No.
2299, which further amended Government Code Section 65852.2; and
Senate Bill No. 1069, which also amended Government Code Sections
65582.1, 65583.1, 65589.4, 65852.150, and 66412.2, to facilitate the
provision of affordable housing throughout California.
C. That Assembly Bill No. 2299 provides that any existing accessory dwelling
unit ordinance that does not meet the requirements of Assembly Bill No.
2299 is null and void upon the date the bill becomes effective. In such
cases, a jurisdiction must approve accessory dwelling units based on
Government Code Section 65852.2 until the jurisdiction adopts a
compliant ordinance.
D. That California Government Code Section 65852.2(a)(3) requires a local
agency to consider accessory dwelling unit applications ministerially
without discretionary review or a hearing.
E. 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.
F. That California Government Code Section 65852.2(a)(1) allows local
agencies to designate areas within the jurisdiction of the local agency
where accessory dwelling units may be permitted.
G. That on June 2, 2003, in anticipation of the July 1, 2003, implementation
of the newly amended Government Code Section, the Tustin City Council
adopted Ordinance No. 1271 providing standards for second residential
units on lots of at least 12,000 square feet in size in the Estate (E4) and
Single Family (R1) Residential Zoning Districts.
Resolution No.4337
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H. That the City conducted public workshops on the subject of second
residential units in Old Town Tustin on February 20, 2013, March 12,
2013, and March 11, 2014, in response to the desire of many property
owners in Old Town to have and rent second residential units and
accessory guest rooms in Old Town.
I. That on September 15, 2015, the Tustin City Council adopted Ordinance
No. 1454 to allow second residential units of up to 600 square feet on all
residentially zoned lots in the Cultural Resource (CR) District regardless of
lot size to provide more flexible standards for second residential units in
the CR District.
J. That the size limit of 600 square feet in the CR District is based on the
unique historic development pattern and character of Old Town and the
size, shape, and configuration of many of the properties and residences
within the CR District. Larger second (accessory) residential units with
multiple bedrooms within the CR District, along with larger parking
accommodations could compromise the unique character of Old Town,
and particularly its single family neighborhood.
K. That the proposed code amendment would: 1) continue to allow new
accessory dwelling units of up to 600 square feet in size on any
residentially zoned lot in the CR District regardless of lot size; 2) allow new
accessory dwelling units on residential lots of at least 10,000 square feet
in size in other residential areas of the City; and, 3) allow new accessory
dwelling units within existing single-family dwellings and existing
accessory buildings in all single-family zones, pursuant to State law.
L. That on February 28, 2017, a public hearing was duly noticed, called, and
held on Code Amendment 2017-002 by the Planning Commission.
M. That the proposed code amendment is exempt from environmental review
pursuant to the provisions of the California Environmental Quality Act
(CEQA), as found in Public Resources Code Section 21080.17, which
exempts local ordinances regulating the construction of second residential
units from CEQA.
N. That the proposed accessory dwelling unit provisions are reasonably
necessary to protect the health, safety, and welfare of the citizens of the
City of Tustin.
0. That the proposed amendments comply with California Government Code
Section 65852.2.
P. That the proposed amendments are consistent with the Tustin General
Plan in that they comply with the following goals and policies:
Resolution No, 4337
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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 1,8 to allow second (attached/detached)
units in single- and multi-family districts consistent with the, Tustin City
Code.
11. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1479, adding Tustin City Code Sections 92 2j and 91288a'7, and
amending Tustin City Code Sections 9222a5, 9222b2, 9223a7, 9223b2, 9224bl,
9244d8, 9252j2, 9263g, 9264b, 9297, andi 9299,bl(i) relating to accessory
dwelling units, attached hereto,
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 28t�' day of February, 2017,
.... ........
AUSTIN LUMBARD
Chairperson
Ce"7,
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4337
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STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF TUSTIN }
1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4337 was passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of
February, 2017.
PLANNING COMMISSIONER AYES: KOZAK, LIIMBARD, MASON, SMITH, THOMPSON (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ELIZABETH A. BINSACK
Planning Commission Secretary