HomeMy WebLinkAboutPC RES 4441 RESOLUTION NO. 4441
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1517,
AMENDING TUSTIN CITY CODE SECTIONS 9221a1,
9222a5, 9223a7, 9224b1, 9228a7, 9244d8, 9252j2, 9263g,
9264b8, 9271 jj, AND 9297 AND ADDING SECTION 9279
RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS.
The Planning Commission does hereby resolve as follows:
A. That Chapter 2 of Article 9 of the Tustin City Code (TCC) establishes allowable
uses of property within all zoning districts in the City.
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B. That in 2016, the State Legislature adopted two (2) bills pertaining to accessory I
dwelling units, Assembly Bill (AB) 2299 and Senate Bill (SB) 1069, which
modified Government Code Sections 68582.150 and 65852.2 and took effect
January 1, 2017; in October 2017, the State Legislature approved two (2)
additional bills, AB 494 and SB 229, which further modified Government Code
Sections 68582.150 and 65852.2 (collectively, the "State ADU Law").
C. That an "accessory dwelling unit" or "ADU" is an attached or a detached
residential dwelling unit which provides complete independent living facilities
for one (1) or more persons. An ADU includes permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as a single-family
or multi-family dwelling.
D. That a "junior accessory dwelling unit" or"JADU" is a small residential dwelling
unit contained entirely within a single-family residence. A JADU may include
separate sanitation facilities, or may share sanitation facilities with the single-
family residence.
E. That during its 2019-2020 Regular Session the California Legislature approved
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several bills modifying the State ADU Law, SB 13, AB 68, and AB 881
(Collectively, the "2020 Revisions to the State ADU Law").
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F. That the State ADU Law necessitates amendments to the City's existing zoning
regulations relating to ADUs and JADUs.
G. That on October 26, 2021, a public hearing was duly noticed, called, and held
by the Planning Commission on Code Amendment 2021-0001 relating to ADUs
and JADUs.
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Resolution No. 4441
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H. That the proposed ADU and JADU provisions are reasonably necessary to
protect the health, safety, and welfare of the citizens of the City of Tustin.
I. That an ADU or JADU shall not cause a substantial adverse change in the
significance of a real property that is listed in the California Register of Historic
Places or the City of Tustin Historic Resources Survey.
J. That the proposed amendments comply with California Government Code
Section 65852.2 and 65852.22.
K. That the proposed amendments are not subject to the California Environmental
Quality Act (CEQA) pursuant to California Code of Regulations, Title 14,
Chapter 3, Sections 15060 (c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) because
it has no potential for resulting in physical change to the environment, directly
or indirectly. Pursuant to Section 21080.17 of the California Public Resources
Code, CEQA does not apply to the adoption of an ordinance by a city to
implement the provisions of the State ADU Law.
L. That the proposed amendments are consistent with the Tustin General Plan in
that they comply with the following goals and policy:
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 commensurate with the City's identified
housing needs in the RHNA allocation.
Housing Element Policy 1.2: to facilitate the development of ADUs and
JADUs as a means of dispersing affordable units throughout the
community.
II. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1517, amending TCC Sections 9221a1, 9222a5, 9223a7, 9224b1,
9228a7,9244d8, 9252j2, 9263g, 9264b8, 9271 jj, and 9297 and adding Section
9279 relating to ADUs and JADUs, attached hereto as Exhibit A.
Resolution No. 4441
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PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 26th day of October, 2021.
AMY MASON
Chairperson
JOSTINA L. WILLKOM
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4441 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 26th day of October,
2021.
PLANNING COMMISSIONER AYES: Chu, xiguchi, Kozak, Mason, Mello (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JU8`fINA L. WILLKOM
Planning Commission Secretary
Exhibit A: Draft Ordinance 1517
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