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Home My WebLink About07 SECOND READING AND ADOPTION OF ORDINANCE NO. 1479 (CODE AMENDMENT 2017-002)Agenda Item 7 AGENDAREPORT RevieweCity Manager Finance DirectorNIA MEETING DATE: APRIL 4, 2017 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ERICA N. RABE, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1479 (CODE AMENDMENT 2017-002) SUMMARY: Ordinance No. 1479 Code Amendment 2017-002 proposes to amend Article 9 Chapter 2 of the Tustin City Code, related to accessory dwelling units (formerly referred to as second residential units), in compliance with State law. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1479. BACKGROUND: On March 21, 2017, the City Council had first reading by title only of the following Ordinances: ORDINANCE NO. 1479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9252jj AND 9288x7 AND AMENDING TUSTIN CITY CODE SECTIONS 9222a5, 9222b2, 9223x7, 9223b2, 9224b1, 9244d8, 9252j2, 92638, 9264b, 9297, and 9299b1(i) RELATING TO ACCESSORY DWELLING UNITS Attachments: Ordinance No. 1479 ORDINANCE NO. 1479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9252h AND 9288a7 AND AMENDING TUSTIN CITY CODE SECTIONS 9222a5, 9222b2, 9223a7, 9223b2, 9224b1, 9244d8, 9252j25 92639, 9264b, 9297, and 9299bl(l) RELATING TO ACCESSORY DWELLING UNITS. The City Council of the City of Tustin does hereby ordain as follows: Section 1. The City Council finds and determines 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. 1 479 Page 2 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. 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. I 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 on February 28, 2017, the Planning Commission adopted Resolution No. 4337, and recommended that the City Council adopt Ordinance No. 1479, approving CA 2017-002 relating to accessory dwelling units. N. That on March 21, 2017, a public hearing was duly noticed, called, and held on Code Amendment 2017002 by the City Council. O. 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 (or accessory dwelling) units from CEQA. Ordinance No. 1479 Page 3 P. 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. Q. That the proposed amendments comply with California Government Code Section 65852.2. R. 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 1.8 to allow second (attach edldeta ched) units in single- and multi -family districts consistent with the Tustin City Code. Section 2. Section 9222a5 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Accessory dwelling Sere -Rd resideptial units (subject to the provisions set forth in Section 9271 ii): (a) Maximum height: 30 (b) Minimi im b iildirrg64e. 12,000 Sq lard fr�cr nrr�� r�} r�/� ��1� (G) MiLTi�i�ITA-VP--N-311 I'Gt GGVelea@r-fQl -All +RHGt11Pe6 Ger-R pe PeFGeRt. (d) Maximum let GeYeFage for the se6end residential unit: 30 percent of rear yard and 30 percent of side yard. unit (f) M'RimUm from- yard setback fnr off_stFee t paFkjng�-50 feet. (g) Minimum side yard setbaGk� Corner lot line:9 feet; interior -lot line: 5 feet Ordinance No. 1479 Page 4 Section 3. Section 9222b2 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Accessory buildings used as guest quarters or guest houses, provided no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging in the quest quarters or quest house, subject to a recorded deed restriction approved by the City. (a) Maximum height: 25 feet. (b) Maximum lot coverage: 30 percent of rear yard. (c) Minimum front yard setback: 50 feet unless otherwise indicated on Zoning Map. (d) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. (e) Minimum rear yard setback: 5 feet. Ordinance No. 1479 Page 5 (f) Accessory buildings used as guest est quarters or quest houses shall not be allowed on lots developed with an accessory _dwelling unit. Section 4. Section 9223a7 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout) Accessory dwelling S'or^r H residential units (subject to the provisions set forth in Section 92710i - see Section 9252j2 for standards applicable to accessory dwelling second residential units in the Cultural Resource District); (Ord. 1454 SeGs 0_15_15), (f) MiR im front yard setback for off-street paFikl 50 foet (re) MiR im side yawl set:- aGk: renrrnTer l&t lire10fe49t'� .. r � . r a ■ . r i . ..r w. a■ •r rOUTH . r .,. ■. ■ r . ■ .I . . ■ ■ r . r ■ . r • .. • a . h . r r .. r • ■. .. w . U -C ■ r a r i ■ IA.M.- . .M• ■ W. . . r. . r r . ■ . . ■• .. r a . • ■ Ordinance No. 1479 Page 6 i• iG� �s NOW � �� • ■� s�� IN s • i 0 i .i• C� r `r i i s C •' i• s 0• • i s r ` i i i• 111 • i i i '• Section 5. Section 9223b2 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Accessory buildings (except in the cultural resource district) used as guest quarters or quest houses, provided no cooking facility is installed or maintained and no comaensation in anv form is received in exchanae for lodging in the guest quarters or quest house, subject to a recorded deed restriction approved by the City. (Ord No. 145^�1 9 15 15) (a) Maximum height: 25 feet. (b) Maximum lot coverage: 30 percent of rear yard.. (c) Minimum front yard setback: 50 feet, unless otherwise indicated on Zoning Map. (d) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. (e) Minimum rear yard setback: 5 feet (f) Accessory buildings used as quest quarters shall not be allowed on lots T developed with an accessary dwelling unit Section 6. Section 9224b1 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Any use permitted or conditionally permitted in any residentially zoned district is conditionally permitted in the Planned Development District (PD) (except accessory dwelling s�so �'�asidential units are not permitted). Section 7. Section 9228a7 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined): 7. Accessory dwelling units, on lots developed with one (1) single-family dwelling (subject to the provisions set forth in Section 9271ii). Ordinance No. 1479 Page 7 Section S. Section 9244d8 of Part 4 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined): 8. Accessory dwelling units, on lots developed with one (1) single-family dwelling (subject to the provisions set forth in Section 9271 "). Section 9. Section 9252j2(a)(3) of Part 5 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Accessory dwelling Ser --end residential units not within existing single- family dwellings or existing accessory buildings, subject to a recorded deed restriction approved by the City: (a) Maximum height: 25 30 feet. (b) Minimum building site: None. (c) Maximum overall lot coverage for all structures combined: 50 percent. (d) Maximum lot coverage for the accessory dwelling sepepd FesmdeRtmal unit: None. (e) Minimum front yard setback: 50 feet for detached unit, 20 feet for attached unit. (f) Minimum front yard sel back for off street nnrkiRg2c0 feet. (g) Minimum side yard setback: Corner lot line: 10 feet; interior lot line - 5 feet. (h) Minimum rear yard setback: 5 feet. (i) Maximum floor area of accessory dwelling ce GE)Rd res de Rtial unit: 50 percent of primary single-family dwelling, not to exceed 600 square feet. (j) The accessory dwelling seG nTrd 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. (k) The accessory dwelling ceGend 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. (1) The accessory dwelling SeGGRd residential unit shall be constructed concurrently with, or subsequently to, the primary single-family Ordinance No. 1479 Page S dwelling, which shall be conforming or brought into conformance with the Tustin City Code. (m) All entrances to the accessory dwelling 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. (n) When the new residential unit is built between the existing single- family dwelling and the front property line, the rear unit must comply with the provisions of this section. (o) An accessory dwelling unit shall not be allowed on a lot developed with an accessory building used as guest quarters or a quest house. (p) A maximum of one (1) accessory dwelling unit shall be allowed per building site. Section 10. The parking requirement for Accessory Dwelling Units is hereby added in Table 1 of Section 9263g of Part 6 of Chapter 2 of Article 9 of the Tustin City Code to read as follows (new text underlined; deleted text in strikeout): Accessory dwelling cid res'dentat units OEtside the rE EItE F21 rese Erre district: 12 garage spaces per unit or bedroom, whichever is greater, in addition to that required for the primary single-family unit ► . . .. mit-j. o - - -.. _ - _ - -• r. _ Required parking spaces for accessory dwelling units may be tandem spaces and within side yard and/or rear yard setback areas but not blocking access to a required garage parking space and not within front yard setback areas, except on existing driveways. See Section 9271 ii for exceptions to the parking requirements for accessory dwellinq units. Ordinance No. 1479 Page 9 Section 11. Section 9264b8 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined; deleted text in strikeout): The adjusted decrease is not associated with the addition of an accessory dwelling ser^^d- residentia unit as authorized in Sections 92222 and- W-22-3 of this Code. Section 12. Section 9271jj of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined): ii JI Accessory dwelling units (see Section 925212 for standards applicable to accessory dwelling units in the Cultural Resource District that are not within existing single-family dwellings or existing accessory buildings). A maximum of one (1) accessory dwelling unit shall be allowed per building site. (a) Accessory dwelling units not within existing single-family dwellings or existing accessory buildings, subject to a recorded deed restriction approved by the City 1) Maximum height: 25 feet. 2) Minimum building site: 10,000 square feet. 3) Maximum overall lot coveraae for all structures combined: 50 percent (4) Maximum lot coverage for the accessory dwelling unit: 30 percent of rear yard and 30 percent of side yard. (5) Minimum front vard setback: 50 feet for detached unit: 20 feet for attached unit. 6) Minimum side vard setback: Corner lot line: 10 feet. Interior lot line: 5 feet. Minimum rear vard setback: 5 feet. (8) Maximum floor area of accessory dwelling unit: 50 percent of primary sinale-familv dwellina. not to exceed 10 percent of total buildina site area. (9) Any accessory dwelling 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 dwe_llinr� (10)Any accessory dwelling 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 Citv of Tustin Historical Resources Survev. Ordinance No. 1479 Page 10 (11)Any accessory dwelling 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 Cites (12)AII entrances to any accessory dwelling unit shall be located toward the rear of the primary single-family dwelling and shall not be visible from the public right-of-way. (13)When the primary single-family dwelling would conform to the development standards normally applicable to accessory dwellinq units, and the accessory dwelling unit is built between the rima sin le-familydwellin and the front property line, the accessory dwelling unit shall be subject to the development standards normally applicable to the primary single-family dwelling. (14)An accessory dwelling unit shall not be allowed on a lot developed with an accessory building used as quest quarters or a quest house. (b) Accessory dwelling units within existing single-family dwellings or existing accessory buildings, subject to a recorded deed restriction approved bV the City (1) Independent exterior access shall be provided. 2) Side and rear setbacks shall be sufficient for fire safe c) No parking shall be required for the accessory dwelling unit in any of the following circumstances: (1) The accessory dwelling unit is within the Cultural Resource District. (2) The accessory dwelling unit is within one-half (112) mile of public transit. (3) The accessory dwelling unit is within one (1) block of a car share area. (4) The accessory dwelling unit is within an existing single-family dwelling or existing accessory building_ d) All building code provisions shall apply unless otherwise exempted by State law. Section 13. The following definitions in Section 9297 of Part 9 of Chapter 2 of Article 9 of the Tustin City Code are hereby added or amended to read as follows (new text underlined; deleted text in strikeout): "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, slq eeping, Ordinance No. 1479 Page 11 eating, cooking, and sanitation on a lot developed with a legal conforming or legal nonconforming single-family dwelling, and if rented, must have a minimum rental term of thirtv (30) days. "Public Transit" means bus stops with headways of thirty (30) minutes or less during peak hours and train stations. a.a �r ar • ur ■ a. a •a a .oar a ■ rr ra ar r.r• w Section 14. Section 9299b1(i) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined; deleted text in strikeout): A decrease in the number of required off-street parking spaces for residential land uses by a maximum of one (1) parking space. When an accessory dwelling eeeeRd--resideRtial unit is being added under the provisions of Section 9222 or 9223, parking shall be in accordance with the requirements of this Code those secti(Ord. "1o.1354,98 '�� 4-B9) Section 15. Section 9271 jj of Part 7 of Chapter 2 of Article 9 of the Tustin City Code shall also apply to accessory dwelling units on single family residential sites within Specific Plan Area 1 (Marine Corps Air Station, Tustin, Specific Plan) and Specific Plan Area 8 (East Tustin Specific Plan). Section 16. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held 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, at a regular meeting of the City Council of the City of Tustin on this 21 st day of March, 2017. DR. ALLAN BERNSTEIN MAYOR ATTEST: Ordinance No. 1479 Page 12 ERICA N. RABE, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1479 Erica N. Rabe, 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 five, that the above and foregoing Ordinance No. 1479 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 21s' day of March, 2017, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 4th day of April, 2017, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Rabe, City Clerk Published: