HomeMy WebLinkAbout14 CODE AMENDMENT 2021-0001 (ORD NO. 1517) - ACCESSORY AND JUNIOR DWELLING UNITSDocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A
SUMMARY:
The proposed Zoning Code Amendment to Chapter 2 of Article 9 of the Tustin City Code
(TCC), revises the City's regulations pertaining to Accessory Dwelling Units (ADUs) and
Junior Accessory Dwelling units (JADUs) in compliance with 2019 Senate Bill (SB) 13 and
Assembly Bills (AB) 68, and 881 (collectively "ADU State Law"). ADU State Law restricts
local control over ADUs and JADUs. The proposed amendments would update regulations
permitting the development of ADUs and JADUs in conjunction with any residential
development in all zones that allow single-family and multiple -family dwellings.
On October 26, 2021, the Planning Commission adopted Resolution No. 4441,
recommending that the City Council adopt Ordinance No. 1517, approving Code
Amendment 2021-0001.
RECOMMENDATION:
That the City Council introduce and have first reading of Ordinance No. 1517, approving
Code Amendment (CA) 2021-0001 by amending Tustin City Code (TCC) Sections
9221 a1, 9222a5, 9223a7, 9224b1, 9228a7, 9244d8, 9252j2, 9263g, 9264b8, 9271jj,
9297, and 9299b1 i and adding Section 9279 relating to ADUs and JADUs.
And, set a second reading for the December 7, 2021 City Council meeting.
FISCAL IMPACT:
No impacts to the General Fund are anticipated.
CORRELATION TO THE STRATEGIC PLAN:
This action correlates to the City's Strategic Plan Goal A for Economic and
Neighborhood Development, Strategy 15 to create affordable and workforce housing
options.
14
-
AGENDA REPORT
Agenda Item
DS
Reviewed:
City Manager
Finance Director N/A
MEETING DATE: NOVEMBER 16, 2021
TO:
MATTHEW S. WEST, CITY MANAGER
FROM:
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
CODE AMENDMENT 2021-0001 (ORDINANCE
NO.
1517) —
ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY
DWELLING UNITS (ADUs and JADUs)
SUMMARY:
The proposed Zoning Code Amendment to Chapter 2 of Article 9 of the Tustin City Code
(TCC), revises the City's regulations pertaining to Accessory Dwelling Units (ADUs) and
Junior Accessory Dwelling units (JADUs) in compliance with 2019 Senate Bill (SB) 13 and
Assembly Bills (AB) 68, and 881 (collectively "ADU State Law"). ADU State Law restricts
local control over ADUs and JADUs. The proposed amendments would update regulations
permitting the development of ADUs and JADUs in conjunction with any residential
development in all zones that allow single-family and multiple -family dwellings.
On October 26, 2021, the Planning Commission adopted Resolution No. 4441,
recommending that the City Council adopt Ordinance No. 1517, approving Code
Amendment 2021-0001.
RECOMMENDATION:
That the City Council introduce and have first reading of Ordinance No. 1517, approving
Code Amendment (CA) 2021-0001 by amending Tustin City Code (TCC) Sections
9221 a1, 9222a5, 9223a7, 9224b1, 9228a7, 9244d8, 9252j2, 9263g, 9264b8, 9271jj,
9297, and 9299b1 i and adding Section 9279 relating to ADUs and JADUs.
And, set a second reading for the December 7, 2021 City Council meeting.
FISCAL IMPACT:
No impacts to the General Fund are anticipated.
CORRELATION TO THE STRATEGIC PLAN:
This action correlates to the City's Strategic Plan Goal A for Economic and
Neighborhood Development, Strategy 15 to create affordable and workforce housing
options.
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APPROVAL AUTHORITY:
The TCC Section 9295g authorizes the City Council to adopt Zoning Code amendments
following a recommendation by the Planning Commission and a public hearing.
BACKGROUND:
In 2002, AB 1886 was adopted to require cities to allow second units by right on lots
improved with an existing single-family home, subject to reasonable zoning and
development standards. In 2016, SB 1069 and AB 2299 further amended State Law to
further restrict local control over second units. The TCC ADU provisions were last
updated in 2017 to reflect then -current State Law.
In 2019, the State legislature adopted a series of bills, SB 13, AB 68, and AB 881, which
became effective on January 1, 2020. In adopting these new regulations, the State
Legislature determined that housing is a matter of state-wide concern, rather than a
municipal affair. The State Legislature intends to reduce regulatory barriers and costs,
streamline the approval process, and accelerate the development of ADUs and JADUS,
while further restricting local control. The City's current ADU ordinance is out of
compliance with the California Government Code. Therefore, anyone wishing to
construct an ADU or JADU in Tustin must adhere to the default standards provided in
the various Government Code sections, until a compliant ordinance is adopted.
On October 26, 2021, the Planning Commission adopted Resolution 4441 (Attachment
A) recommending that the City Council adopt Ordinance No. 1517 (Attachment B)
amending TCC Sections 9221 a1, 9222a5, 9223a7, 9224b1, 9228a7, 9244d8, 9252j2,
9263g, 9264b8, 9271jj, 9297, and 9299b1 i and adding Section 9279 relating to ADUs
and JADUs.
DISCUSSION:
Proposed Code Amendment 2021-0001
The 2020 State ADU Law expanded the types of properties upon which ADUs are
allowed, requiring the City to permit ADUs on all zones that allow single-family and
multi -family dwellings. ADU State Law also supersedes the current development
standards in the TCC such as lot coverage, side yard setbacks, and parking under
certain instances. The code sections, located in Chapter 2 of Article 9 (Land Use) as
listed below, are proposed to be added, amended or repealed in order to bring the TCC
into compliance with ADU State Law.
TCC Section 9279 would be newly created in one (1) section to comprise requirements
applicable to ADUs and JADUs for ease of reference.
0 TCC Section 9279 within Part 7 (General Regulations)
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The following sections will be amended to update the allowable zones and definitions
pertaining to ADUs and JADUs.
o TCC Section 9221(a)(1) of Part 2 (Residential Districts)
o TCC Section 9222(a)(5) of Part 2 (Residential Districts)
o TCC Section 9223(a)(7) of Part 2 (Residential Districts)
o TCC Section 9224(b)(1) of Part 2 (Residential Districts)
o TCC Section 9228(a)(7) of Part 2 (Residential Districts)
o TCC Section 9244(d)(8) of Part 4 (Industrial and Other Districts)
o TCC Section 9263(g) of Part 6 (Off -Street Parking)
o TCC Section 9297 (Definitions) of Part 1 (General)
o TCC Section 9299(b)(1)(i) of Part 9 (Administration)
The following TCC Sections will be repealed since TCC Section 9279 would comprise
the applicable regulations pertaining to ADUs and JADUs.
o TCC Section 92520)(2)(a)(3) of Part 5 (Combining and Overlay Districts)
o TCC Section 9264(b)(8) of Part 6 (Off -Street Parking)
o TCC Section 9271(jj) of Part 7 (General Regulations)
ADU and JADU Definitions
ADUs and JADUs are both independent living units, which are allowed at a minimum
size of 220 square feet, and function as accessory to a primary residential use on a
property with an exterior entrance into the unit. One (1) key component of the new ADU
State Law is that the City is now required to allow JADUs. While ADUs and JADUs have
similarities, there are some key differences.
"ADU, Junior", "Junior Accessory Dwelling Unit" or "JADU" means a unit that is
• no more than 500 square feet in size and contained entirely within the walls of a
proposed or existing single-family residence, including attached garages. A
JADU may include separate sanitation facilities or may share sanitation facilities
with the single-family residence.
Conversely, Attached or Detached ADUs can be up to 850 square feet for a studio or
one (1) -bedroom ADU and up to 1,200 square feet for a unit with two (2) or more
bedrooms. The ADU shall be fully self-contained including sanitation facilities, and may
not include internal access to the primary dwelling unit. The proposed ordinance would
update the definition for an ADU to be consistent with ADU State Law:
• "Accessory Dwelling Unit" or "ADU" means an Attached or a Detached residential
dwelling unit that provides complete independent living facilities for one (1) or
more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same lot as the single-family or
multifamily dwelling is or will be situated.
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The following provides a summary of the three (3) types of ADU units as defined in the
proposed ordinance:
• ADU, Attached: means an ADU, other than a Converted ADU, that is physically
attached to a primary dwelling;
• ADU, Converted or "Converted ADU": means an ADU that is constructed within
all or a portion of the permitted existing interior space of an accessory structure
or within a portion of the permitted existing interior space of a dwelling structure,
including bedrooms, attached garages, storage areas, or similar uses. A
Converted ADU also includes an ADU that is constructed in the same location
and to the same dimensions as a permitted existing structure or portion of a
permitted existing structure; and
• ADU, Detached: means an ADU, other than a Converted ADU, that is physically
separated from, but located on the same lot as, a primary dwelling structure.
The maximum unit size limitations set forth for Attached or Detached ADUs do not apply
to Converted ADUs that do not increase the existing floor area of a structure. In
addition, a Converted ADU created within an existing accessory structure may include
an expansion of not more than 150 square feet beyond the same physical dimensions
as the existing accessory structure to the extent necessary to accommodate ingress
and egress. This provision does not extend to JADUs, as a JADU is required to be
created as a result of an area existing as part of the single-family residence.
Allowable ADUs and JADUs
The most significant required updates to the TCC pertain to the following:
• Single-family lots:
o One (1) ADU and one (1) JADU are allowed.
• Multi -family lots:
o One (1) or more Converted ADUs may be constructed within portions of
existing multi -family dwelling structures that are not used as livable space
(i.e., recreation rooms, storage, garages, etc.), but the number of ADUs
may not exceed twenty-five (25) percent of the existing dwelling units on
the lot; or
o Two (2) Detached ADUs must be allowed on all multi -family lots. If two (2)
ADUs are constructed on a multifamily lot, the two (2) units may be up to
sixteen (16) feet in height and must have rear and side setbacks of more
than four (4) feet.
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Parking Requirements
The City's existing ADU regulations require the replacement of off-street parking when a
garage, carport or other covered parking is converted to an ADU, which is inconsistent
with State Law. The new ADU State Law provides that replacement of off-street parking
spaces cannot be required when ADUs are created through the conversion of a garage,
carport or covered parking structure. This allowance does not apply to JADUs, which
must provide replacement parking due to the conversion of a garage. When parking is
required, an ADU shall provide one (1) parking space per unit or bedroom, whichever is
less.
Required parking for ADUs and JADUs may be satisfied through any configuration on
the same lot, including, but not limited to, as covered spaces, uncovered spaces, or
tandem spaces and may be located within the side and rear yard setbacks. The State
HCD ADU Handbook, updated on December 2020, has provided clarification that guest
parking spaces shall not be required for ADUs under any circumstances.
Further, no additional parking is required for an attached or detached ADU:
1) that is located within one-half mile walking distance of public transit, including
transit stations and bus stations;
2) that is located within an architecturally and historically significant district;
3) that is part of the proposed or existing primary residence or existing
accessory structure (i.e., a Converted ADU);
4) when on -street parking permits are required but not offered to the occupant of
the ADU; and/or
5) when there is a car share vehicle located within one (1) block of the ADU.
Comparison between Existing and Proposed Ordinance
The following (Table 1) provides a comparison between the existing and proposed TCC
Sections applicable to ADUs. Pursuant to the new ADU State Law, the development
standards may be less, but not more, restrictive. The proposed amendments adhere to
the standards required by ADU State Law.
Table 1
"ACCESSORY DWELLING UNITS"
Comparison of Existing and Proposed TCC
DEVELOPMENT STANDARD
EXISTING TCC 9252 jj
PROPOSED TCC 9297
On a lot zoned E4, R1, R2, R3,
R4, and PC and developed with
On any lot in the City zoned to
Permitted Locations
a legal conforming or legal
allow single-family and multi -
nonconforming single-family
family residential dwellings
dwelling
No Minimum Lot Size in Cultural
No minimum lot size
Building Site
Resources (CR) District
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Table 1
"ACCESSORY DWELLING UNITS"
Comparison of Existing and Proposed TCC
DEVELOPMENT STANDARD
EXISTING TCC 9252 jj
PROPOSED TCC 9297
10,000 SF Minimum Lot Size
required outside of CR District
Single -Family Lot - Number of
Primary Residence and:
Primary Residence and:
Units ADUs
One (1) ADU on 10,000 SF or
One (1) ADU (Attached,
larger Residential Lot
Converted or Detached) and One
1 JADU
One (1) or more converted ADU
Multi -family Lot - Number of
(max. 25 percent of existing
ADUs
ADU not allowed on multi -family
multifamily dwelling units on the
lots
lot), or
Maximum of two (2) detached
ADUs.
Maximum overall lot coverage
50 percent
No Maximum
for all structures
None in CR District
Maximum lot coverage for the
Outside of CR District: 30
No Maximum
ADU
percent of rear yard and
30 percent of side yard
50 feet -(detached)
Attached and detached: Same
Minimum front yard setback
20 feet -(attached)
front yard setback as other
structures on the lot.
Ten (10) feet -corner side
Four (4) feet
Minimum side and rear yard
Five (5) feet -interior side
Converted ADUs — No setback,
setback
Five (5) feet -rear
provided it is sufficient for fire and
safety per uniform building and
fire codes.
Single-family, Detached: Comply
with height limits in zoning district.
Height of sixteen (16) feet shall
be allowed per State Law.
Single-family, Attached: Comply
with height limits in zoning district.
Maximum height
25 feet in Single Family Zone
Height of sixteen (16) feet shall
be allowed per State Law.
Converted, ADUs: Not applicable,
unless height is modified.
Multifamily, Detached: Maximum
height of sixteen (16) feet
Attached or Converted ADU must
Exterior Access
Independent exterior access
have independent access from
shall be provided
proposed or existing primary
dwelling.
50 percent of primary single-
Attached ADU (no distinction
Maximum floor area of ADU
family dwelling, not to exceed
for CR District):
600 square feet in CR District.
Studio or one bedroom: 850 SF
or 50 percent of primary dwelling
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Table 1
"ACCESSORY DWELLING UNITS"
Comparison of Existing and Proposed TCC
DEVELOPMENT STANDARD
EXISTING TCC 9252 jj
PROPOSED TCC 9297
A separate entrance from the main primary dwelling entrance is
unit, whichever is less.
Kitchen Requirements
50 percent of primary single-
Two (2) or more bedrooms:
preparation counter and storage cabinets.
family dwelling, not to exceed
1,200 SF or 50 percent of primary
ten (10) percent of lot area
dwelling, whichever is less.
No off-street parking required for the JADU; when an existing
outside of CR District
attached garage is converted to a JADU, any required off-street
parking spaces for the primary dwelling that are eliminated shall be
If primary dwelling is less than
1,700 SF, may have floor area up
to 850 SF.
Detached ADU:
Studio or one (1) bedroom: 850
SF
Two (2) or more bedrooms: 1,200
SF
Converted ADU:
No maximum size limit if no
increase in existing floor area;
150 SF expansion allowable to
accommodate ingress/egress.
Minimum Unit Size
N/A
220 SF
Design requirements
Yes
Yes
Entrances to the rear and not
Yes
Not required
visible from public right-of-way
(attached and detached)
Deed Restriction required
Yes
Not applicable
Table 2 summarizes the development standards required for JADUs. ADU State Law
allows an ADU to be combined on the same lot with a JADU in a single-family
residential zone.
Table 2
"JUNIOR ACCESSORY DWELLING UNIT"
APPLICABLE DEVELOPMENT STANDARDS
Size
No less than 220 square feet and no more than 500 square feet.
Entry
A separate entrance from the main primary dwelling entrance is
required.
Kitchen Requirements
An efficiency kitchen, including cooking facility with appliances, food
preparation counter and storage cabinets.
Bathroom Facilities
May include separate sanitation facilities or shared with proposed or
existing single-family residence in which it is located.
Parking
No off-street parking required for the JADU; when an existing
attached garage is converted to a JADU, any required off-street
parking spaces for the primary dwelling that are eliminated shall be
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Table 2
"JUNIOR ACCESSORY DWELLING UNIT"
APPLICABLE DEVELOPMENT STANDARDS
replaced.
Deed Restriction
A deed restriction shall provide that:
• No more than one (1) JADU may be located on the property;
• May not be sold, mortgaged or transferred separately from
primary residence;
• The owner of the property shall occupy either the primary
residence or the JADU;
• If the occupancy by owner ceases, the JADU may not be
used as a separate dwelling unit and it shall not be
separately rented or leased; and
• A JADU may be rented, but must be for at least 30
consecutive days.
ADU and JADU Review and Approvals
AB 3182 further addresses barriers to the development and use of ADUs and JADUs.
This recent legislation, among other changes, addresses the following:
• Requires ministerial approval of an application for a building permit within a
residential or mixed-use zone to create one (1) ADU and one (1) JADU per lot
(not one or the other), within the proposed or existing single-family dwelling, if
certain conditions are met.
• States that an application for the creation of an ADU or JADU shall be deemed
approved within 60 days if the City has not acted on the completed application.
The review time was reduced from the previously allowed 120 days.
In addition to the legislation listed above, AB 587 and 671 also have an impact on State
ADU Law. These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or
otherwise conveyed separately from the primary dwelling by allowing deed -
restricted sales to occur if the local agency adopts an ordinance. To qualify, the
primary dwelling and the ADU are to be built by a qualified non-profit corporation
whose mission is to provide units to low-income households.
• AB 671 requires local agencies' housing elements to include a plan that
incentivizes and promotes the creation of ADUs that can offer affordable rents for
very low, low-, or moderate -income households and requires HCD to develop a
list of state grants and financial incentives in connection with the planning,
construction and operation of affordable ADUs.
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Additional Applicable Regulations
In addition to the above standards, the following standards apply to ADUs and JADUs
as noted:
• ADUs and JADUs may not be sold or otherwise conveyed separately from the
primary residence and the lot may not be subdivided in such a way as to
authorize separate sale or ownership except as otherwise provided in
Government Code Section 65852.26 or by other applicable law.
• ADUs and JADUs are prohibited to be used as short-term rentals (30 days or
less).
• Prior to recent legislation, ADU laws allowed local agencies to elect whether the
primary dwelling or ADU was required to be occupied by an owner. The updates
to State ADU law removed the owner occupancy allowance for newly created
ADUs effective January 1, 2020. The new owner -occupancy exclusion is set to
expire on December 31, 2024. Local agencies may not retroactively require
owner occupancy for ADUs permitted between January 1, 2020 and December
31, 2024.
• Should a property have both an ADU and JADU, JADU law requires owner -
occupancy of either the newly created JADU, or the single-family residence.
Under this specific circumstance, a lot with an ADU would be subject to owner -
occupancy requirements.
• 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.
• The correction of non -conforming zoning conditions may not be required as a
condition for ministerial approval of a permit application for the creation of an
ADU or a JADU.
Homeowner's Association (HOA) Regulation
Although language is not contained in the proposed Ordinance to address HOA
regulation, AB 670 provides that Covenants, Conditions and Restrictions (CC&Rs)
that either effectively prohibit or unreasonably restrict the construction or use of an
ADU or JADU on a lot zoned for single-family residential use are void and
unenforceable. In addition, AB 3182 also provides that:
• The rental or leasing of a separate interest ADU or JADU in a common interest
development, notwithstanding governing documents that otherwise appear to
prohibit renting or leasing of a unit, and without regard to the date of the
governing documents shall be allowed.
• Not less than twenty-five (25) percent of the separate interest units within a
common interest development be allowed as rental or leasable units.
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Consistency with the Tustin General Plan
The proposed CA is consistent with the Housing Element of the Tustin General Plan by
providing more opportunities for affordable housing and by meeting the need for a
variety of housing types that serve the diverse socio-economic needs of the
community's residents. On October 5, 2021, the City Council adopted the 2021-2029
Housing Element Update. The updated Housing Element anticipates that at least thirty-
five (35) ADUs and JADUs will be approved and constructed during the eight (8) -year
period based on past trends. Over the past five (5) years, the City has approved a total
of twenty (20) ADUs. Furthermore, State Law states that ADUs and JADUs shall be
deemed an accessory use and shall not be considered to exceed the allowable density
for the lot upon which it is located, and shall be deemed a residential use that is
consistent with the existing general plan and zoning district for the lot. The 2021-2029
Tustin Housing Element includes programs to incentivize the development of ADUs and
JADUs as required by State Law. Therefore, no amendments to the General Plan are
required.
ENVIRONMENTAL ANALYSIS:
The proposed CA is exempt from further environmental review pursuant to the
provisions of the California Environmental Quality Act (CEQA), pursuant to the
California Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2) in that the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) in that the activity is not a project as defined in
Section 15378 because it has no potential for resulting in a physical change to the
environment, directly or indirectly. Additionally, 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 Government Code Section 65852.150
et seq.
PUBLIC NOTICE:
A 1/8 -page public notice was published in the Orange County Register on November 5,
2021, informing the public of the City Council public hearing for proposed CA 2021-
0001. In addition, the public notice was posted at Tustin City Hall, the Tustin Library,
and the Tustin Area Senior Center.
RECOMMENDATION:
Proposed CA 2021-0001 would be consistent with the ADU and JADU State Law. Staff
recommends that the City Council introduce and have first reading of Ordinance No.
1517, amending Chapter 2 of Article 9 of the TCC related to ADUs and JADUs in
compliance with ADU/JADU State Law, and set a second reading for the December 7,
2021 City Council meeting.
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DocuSigned by: DocuSigned by:
a� iVj, vim- 1( �� 0-L In�i,Q,Q,► oo-
15DF594829AC4A0... ED45DA2623854A5...
Elaine Dove, AICP, RLA Justina L. Willkom
Senior Planner Community Development Director
Attachments:
Attachment A: Planning Commission Resolution No. 4441
Attachment B: Draft Ordinance No. 1517
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ATTACHMENT A
PLANNING COMMISSION RESOLUTION NO. 4441
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RESOLUTION NO. 4441
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.
B. That in 2016, the State Legislature adopted two (2) bills pertaining to accessory
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
several bills modifying the State ADU Law, SB 13, AB 68, and AB 881
(Collectively, the "2020 Revisions to the State ADU Law").
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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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.
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.
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Resolution No. 4441
Page 3
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 26' 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, Higuchi, Kozak, Mason, Mello (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSfINA L. WILLKOM
Planning Commission Secretary
Exhibit A: Draft Ordinance 1517
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ATTACHMENT B
DRAFT ORDINANCE NO. 1517
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ORDINANCE NO. 1517
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE
SECTIONS 9221 a1, 9222a5, 9223a7, 9224b1, 9228a7,
9244d8, 9252j2, 9263g, 9264b8, 9271jj, 9297, and 9299b1 i
AND ADDING SECTION 9279 RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION I. The City Council finds and determines 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.
B. That in 2016, the State Legislature adopted two (2) bills pertaining to accessory
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
several bills modifying the State ADU Law, SB 13, AB 68, and AB 881
(Collectively, the "2020 Revisions to the State ADU Law").
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 (CA) 2021-0001 relating to
ADUs and JADUs.
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Ordinance No. 1517
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H. That on October 26, 2021, the Planning Commission adopted Resolution No.
4441 and recommended that the City Council adopt Ordinance No. 1517,
approving CA 2021-0001.
I. That on November 16, 2021, a public hearing was duly noticed, called, and
held on CA 2021-0001 by the City Council.
J. 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.
K. That the proposed amendments comply with California Government Code
Section 65852.2 and 65852.22.
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.
SECTION II. Section 9221(a)(1) of Part 2 of Chapter 2 of Article 9 of the Tustin City
Code (TCC) is hereby amended to read as follows (new text underlined; deleted text in
strikethrough):
1. Single-family dwelling and associated accessory dwelling units and junior
accessory dwellina units (subiect to the arovisions set forth in Section 9279)
SECTION III. Section 9222(a)(5) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikethrough):
5. ADUs and JADUs (subject to the provisions set forth in Section 92799271jf).
SECTION IV. Section 9223(a)(7) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikethrough):
7. ADUs and JADUs (subject to the provisions set forth in Section 9279927!jr_
688 Confine Q2r2j� fnr sta-Rdards appliGable fn aGG8669r�i il�niollien i i _6 in t4
Gl llfi ir2l rocni irno dicfrinf)
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Ordinance No. 1517
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SECTION V. Section 9224(b)(1) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (deleted text in strikethrough):
1. Any use permitted or conditionally permitted in any residentially zoned
district is conditionally permitted in the Planned Development District
(PD) (except ADUs and JADUs are permitted ministerially subject
to the provisions set forth in Section 9279).
SECTION VI. Section 9228(a)(7) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikethrough):
7. ADUs and JADUs„ lets develepmeRt with eRe (1) si„nl family
dwelliRg (subject to the provisions set forth in Section 92790.
SECTION VII. Section 9244(d)(8) of Part 4 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikethrough):
8. ADUs and JADUs, 9R lets dey pmept vVi+h „r,o (1) cin, le family
d (subject to the provisions set forth in Section 92799271 {jt).
SECTION VIII. Section 9252j2(a)(3) of Part 5 of Chapter 2 of Article 9 of the TCC is
hereby repealed in its entirety without replacement.
SECTION IX. Table 1: Parking Requirements by Land Use of Section 9263(g) of Part 6
of Chapter 2 of Article 9 of the TCC is hereby revised by amending and restating the
parking requirements for ADUs to read as follows (new text underlined; deleted text in
strikethrough):
Land Use Type Parking Spaces Required
Residential Uses
ADUs
One (1) space per unit or bedroom,
whichever is less, in addition to that
required for the primary dwelling.
Required narking 6nuvcaf�v.A_Gvc66
�thi.p cci rd andierear yawl cra-�c�u c
areas, bcf nnf hlnnLiRg aGGG66 to a
reg6imped garage parking creno An�no„t
�Agifhin frenf "aFd setbaGk aFeao eXGept GR
existiRg driveways.
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Ordinance No. 1517
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vc�veE i 71 i -r raj n r QmGGP R c t-
a narking req iiromon+c fnr a nnoccnri
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!Y\l e!!ORQ 1 R.Mts
Off-street parking spaces are not required
to be replaced when an existing garage,
carport, or covered parking structure is
demolished in conjunction with the
construction of an ADU or converted to an
ADU.
Required open parking spaces may be
permitted in side or rear setback areas, or
through tandem parking on a driveway,
unless specific findings are made by the
Director that parking in setback areas or
tandem parking is not feasible based upon
specific site or regional topographical or
fire and life safety concerns.
Off-street parking is not required in the
following instances:
i. The ADU is located within one-half
mile walking distance of public
transit, including transit stations
and bus stations;
ii. The ADU is located within an
architecturally and historically
significant historic district including
without limitation the Cultural
Resource District;
iii. The ADU is part of the proposed or
existing primary residence or
existing accessory structure (i.e., a
Converted ADU);
iv. When on -street parking permits are
required but not offered to the
occupant of the ADU; and/or
V. When there is a car share vehicle
located within one block of the
ADU.
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Ordinance No. 1517
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JADUs
No additional off-street parking is required
for a JADU beyond that required at the
time the existing primary dwelling was
constructed. However, when an existing
attached garage is converted to a JADU,
any required off-street parking spaces for
the primary dwelling that are eliminated as
a result of the conversion shall be
replaced.
SECTION X. Section 9264(b)(8) of Part 6 of Chapter 2 of Article 9 of the TCC is hereby
repealed in its entirety without replacement.
SECTION XI. Section 9271(jj) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby
repealed in its entirety without replacement.
SECTION XII. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended as follows:
a. The existing definition for "Accessory Dwelling Unit" is amended and
restated to read:
"Accessory Dwelling Unit" or "ADU" means an Attached or a Detached
residential dwelling unit that provides complete independent living
facilities for one (1) or more persons and is located on a lot with a
proposed or existing primary residence. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family or multi -family dwelling is or will
be situated. An ADU includes an "Efficiency Unit" and "Manufactured
Home" as defined by the Health and Safety Code.
b. A new definition for "ADU, Attached" is added to read as follows:
"ADU, Attached" or "Attached ADU" means an ADU, other than a
Converted ADU, that is physically attached to a primary dwelling.
c. A new definition for "ADU, Converted" is added to read as follows:
"ADU, Converted" or "Converted ADU" means an ADU that is
constructed within all or a portion of the permitted existing interior space
of an accessory structure or within a portion of the permitted existing
interior space of a dwelling, including bedrooms, attached garages,
storage areas, or similar uses. A Converted ADU also includes an ADU
that is constructed in the same location and to the same dimensions as
a permitted existing structure or portion of a permitted existing structure.
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d. A new definition for "ADU, Detached" is added to read as follows:
"ADU Detached" or "Detached ADU" means an ADU, other than a
Converted ADU, that is physically separated from, but located on the
same lot as, a primary dwelling structure.
e. A new definition for "ADU, Junior", "Junior Accessory Dwelling Unit" or
"JADU" is added to read as follows:
"ADU, Junior", "Junior Accessory Dwelling Unit" or "JADU" means a unit
that is no more than 500 square feet in size and contained entirely within
the walls of a proposed or existing single-family residence, including
attached garages. A JADU may include separate sanitation facilities or
may share sanitation facilities with the single-family residence.
f. A new definition for "Statewide Exemption ADU" is added to read as
follows:
"Statewide Exemption ADU" for purposes of ADU development means
an ADU of up to 800 square feet, sixteen (16) feet in height, and with
four (4) feet side and rear yard setbacks in compliance with all other
local development standards. A Statewide Exception ADU shall not be
precluded due to lot coverage, floor area ratio, open space, or minimum
lot size requirements.
g. A new definition for "Multiple Family Dwelling" is added to read as
follows:
"Multiple Family Dwelling" for the purposes of ADU development, a
structure with two (2) or more attached dwellings on a single lot is
considered a multi -family dwelling structure. Multiple detached single -
unit dwellings on the same lot are not considered multi -family dwellings.
h. A new definition for "Public Transit" is added to read as follows:
"Public Transit" for the purposes of ADU development, means a location,
including, but not limited to, a bus stop or train station, where the public
may access buses, trains, subways, and other forms of transportation
that charge set fares, run on fixed routes, and are available to the public.
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Ordinance No. 1517
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SECTION XIII. Section 9279 is hereby added to Part 7 of Chapter 2 of Article 9 of the
TCC to read in its entirety as follows:
9279 Accessory Dwelling Units and Junior Accessory Dwelling Units
A. Purpose. The purpose of this Section is to provide for the development of
accessory dwelling units (ADUs) and junior accessory dwelling units
(JADUs) in a manner consistent with State Law.
B. Conforming ADUs. An ADU that conforms to this Section shall:
1. Be deemed an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located;
2. Be deemed a residential use that is consistent with the existing General
Plan and zoning designation for the lot upon which it is located; and
3. Not be considered in the application of any local ordinance, policy, or
program to limit residential growth.
C. Locations Permitted.
1. Permitted ADU Locations. ADUs conforming to the provisions of this
Section may be located on any lot in the City zoned to allow single-family
and multi -family residential dwellings and that includes a proposed or
existing single-family or multi -family dwelling.
2. Permitted JADU Locations. JADUs conforming to the provisions of this
Section may be located within a proposed or existing single-family
dwelling on any lot in the City that is zoned to allow single-family
residential uses.
D. ADU Requirements.
1. Legal Lot/Residence/Dwelling. An ADU shall only be allowed on a lot
that contains a proposed or legally developed existing single-family
residence or multi -family dwelling.
2. An ADU on a single-family lot shall be either:
(a) Attached to, or located within, the proposed or existing primary single-
family dwelling, including attached garages, storage areas or similar
uses, or an accessory structure; or
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(b) Detached from the proposed or existing single-family primary dwelling(s)
and located on the same lot as the proposed or existing primary
dwelling.
(c) Constructed within all or a portion of the permitted existing interior space
of a single-family accessory structure or within a portion of the permitted
existing interior space of a single-family dwelling, including bedrooms,
attached garages, storage areas, or similar uses.
3. Number of ADU Units Per Lot.
(a) Single -Family Lots. For lots with a proposed or existing single-family
dwelling, no more than one (1) Attached, Converted or Detached ADU
shall be permitted on the lot. In cases where both a new or converted
Detached ADU and JADU are developed or proposed on a lot, the total
floor area of the Detached ADU may not exceed 850 square feet.
4. Unit Size and Height.
(a) Maximum Size.
Attached ADUs. The total floor area of an Attached ADU shall not
exceed the following:
1. Studio or One (1) Bedroom. (i) 850 square feet, or (ii) fifty (50)
percent of the floor area of the primary dwelling unit, whichever is
less; provided, however, that if the size of the primary dwelling unit
is less than 1,700 square feet, an Attached ADU may have a total
floor area of up to 850 square feet.
2. Two (2) or more bedrooms. (i) 1,200 square feet, or (ii) fifty (50)
percent of the floor area of the primary dwelling unit, whichever is
less; provided, however, that if the size of the primary dwelling unit
is less than 2,400 square feet, an Attached ADU may have a total
floor area of up to 1,200 square feet.
ii. Detached ADUs. The total floor area of a Detached ADU shall not
exceed the following:
1. Studio or One (1) bedroom: 850 square feet.
2. Two (2) or more bedrooms: 1,200 square feet.
iii. Converted ADUs. The maximum size limitations set forth in this
Subsection do not apply to Converted ADUs that do not increase the
existing floor area of a structure. In addition, a Converted ADU created
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within an existing accessory structure may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the
existing accessory structure to the extent necessary to accommodate
ingress and egress.
(b) Minimum Size. The total floor area of an ADU shall be at least 220 square feet.
(c) Height - Single-family ADUs.
(a) Detached ADUs. Shall comply with the height limits set forth in the
respective zoning district.
(b) Attached ADUs. Shall comply with the height limits set forth in the
respective zoning district.
(c) Converted ADUs. Converted ADUs are not subject to a height limitation. A
proposed Converted ADU which undergoes a remodel that affects the
height shall comply with the height limits set forth in the respective zoning
district.
5. Applicability of Development Standards. Except as otherwise modified by this
Section or as otherwise provided by State Law, an ADU must conform to the
development standards applicable to the lot on which it is located as set forth
in this Article. Notwithstanding the foregoing, when the application of a
development standard related to, lot coverage, open -space, or minimum lot
size would prohibit the construction of an Attached or Detached ADU of at least
800 square feet, such standard shall be waived to the extent necessary to allow
construction of a Statewide Exemption ADU of up to 800 square feet.
6. Setbacks.
(a) Front Yard Setbacks. New Attached and Detached ADUs are subject to the
same minimum front yard setback requirements applicable to other
structures on the lot on which the ADU is located.
(b) Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4)
feet from the side and rear lot lines are required for new Attached and
Detached ADUs.
(c) Converted ADUs. No setbacks are required for Converted ADUs, provided
the side and rear yard setbacks of the existing permitted converted structure
are sufficient for fire and safety, as dictated by the current applicable
uniform building and fire codes.
7. Exterior Access. An Attached or Converted ADU must have independent
exterior access from the proposed or existing primary dwelling.
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8. Passageway. No passageway shall be required in conjunction with the
construction of an ADU. For purposes of this Subsection, "passageway" means
a pathway that is unobstructed clear to the sky and extends from a street to
one entrance of the ADU.
9. Porches and Patios.
(a) An Attached or Detached ADU may include an attached covered patio
and/or porch, which, if provided, shall be integrated into the design of the
ADU and shall not exceed 200 square feet in size.
(b) In no event shall the total combined area of an ADU and attached porch
and/or patio exceed 1,400 square feet.
10. Architectural Compatibility and Guidelines.
(a) The design, pitch, color, material, and texture of the roof and eave details
of an Attached or Detached ADU shall be substantially the same as the
primary dwelling.
(b) The color, material, and texture of all building walls, windows, and doors of
an Attached or Detached ADU shall be similar in materials, colors and
finishes to those on the primary dwelling.
(c) The architectural style and scale of an Attached or Detached ADU shall
complement the primary dwelling.
(d) To facilitate the development of ADUs in a manner that ensures reasonable
consistency and compatibility of design, the Director is authorized to
develop standard design plans and criteria for ADUs. ADUs developed in
conformance with such standard plans and criteria shall be deemed to
comply with this Subsection.
11. Orientation of Detached Accessory Dwelling Structure. A detached accessory
dwelling unit shall be located behind the front building line of the primary
residence, so long as it does not prohibit the creation of a Statewide Exemption
ADU.
12. Multifamily Lots. In addition to the ADU requirements set forth in this Section,
the following requirements shall apply to lots with an existing multi -family
dwelling:
i. Converted ADUs. One (1) or more converted ADUs may be
constructed within portions of existing multi -family dwelling
structures that are not used as livable space including but not limited
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to, storage rooms, boiler rooms, passageways, attics, basements, or
garages, if each unit complies with state building standards for
dwellings. No converted ADUs may be constructed within the
existing livable space of a multi -family dwelling. The number of
ADUs permitted under this subsection shall not exceed twenty-five
(25) percent of the existing multiple -family dwelling units on the lot.
For the purpose of calculating the number of allowable accessory
dwelling units: (a) previously approved ADUs shall not count towards
the existing number of multifamily dwelling units; and (b) fractions
shall be rounded down to the next lower number of dwelling units,
except that at least one (1) converted ADU shall be allowed; or
ii. Detached ADUs. Not more than two (2) Detached ADUs may be
constructed on a lot with an existing multifamily dwelling subject to
height limits of sixteen (16) feet.
E. JADU Requirements.
1. Footprint. A JADU may only be constructed within the walls of a proposed or
existing single-family residence, including an existing attached garage.
2. Size. A JADU shall not be less than 220 square feet and shall not exceed 500
square feet in size.
3. Separate Entrance. A JADU located within a proposed or existing single-family
residence must include a separate entrance from the main entrance of the
residence.
4. Kitchen Requirements. A JADU must include an efficiency kitchen, including a
cooking facility with appliances, and a food preparation counter and storage
cabinets that are of reasonable size in relation to the size of the JADU.
5. Bathroom Facilities. A JADU may include separate sanitation facilities or may
share sanitation facilities with the proposed or existing single-family residence
in which it is located.
6. Fire Protection. For purposes of any fire or life protection ordinance or
regulation, a JADU shall not be considered a separate new dwelling unit.
7. Utility Service. For purposes of providing service for water, sewer, or power,
including a connection fee, a JADU shall not be considered a separate or new
dwelling unit.
8. Deed Restriction. Prior to the issuance of a building permit for a JADU, the
owner shall record a deed restriction against the title of the property in the
County Recorder's office with a copy filed with the Director. The deed
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restriction shall run with the land and shall bind all future owners, heirs,
successors, or assigns. The form of the deed restriction shall be provided by
the City and shall provide that:
(a) The owner of the property shall occupy either the primary residence or the
JADU as his or her domicile. In the event owner occupancy of the property
ceases, the JADU shall not be used as a separate dwelling unit and shall
not be separately rented or leased for any purpose.
(b) The JADU may not be sold, mortgaged, transferred separately from the
primary residence; this deed restriction may be enforced against future
purchasers.
(c) A restriction on the size and attributes of the JADU that conforms with this
Section.
(d) The JADU may be rented, but may not be rented on a short-term basis of
less than thirty (30) consecutive days.
(e) The property shall include no more than one (1) JADU.
(f) The deed restriction may not be modified or terminated without the prior
written consent of the Director.
F. Other Requirements.
No Separate Conveyance. Except as otherwise provided in Government Code
section 65852.26 or by other applicable law, an ADU or JADU may be rented
separate from the primary residence, but may not be sold or otherwise
conveyed separate from the primary residence, and a lot shall not be
subdivided in any manner which would authorize such separate sale or
ownership.
2. No Short -Term Rental Permitted. An ADU or JADU that is rented shall be
rented for a term that is longer than thirty (30) days. Short-term rental (i.e., 30
days or less) of an ADU or a JADU is prohibited.
3. Owner Occupancy Requirements.
(a) ADUs. Owner occupancy of either the primary dwelling or ADU is not
required.
(b) JADUs. The property owner of the lot upon which a JADU is located must
occupy either the JADU or the primary residence as his or her domicile.
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4. Historic Properties. An ADU or JADU 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.
(a) Windows, Doors and Character Defining Features for Historic Properties —
Converted ADU. Windows, doors and character -defining features for
historic properties that are original to the structure are required to be
retained, unless this requirement prevents creation of the accessory
dwelling unit.
(b) Separate Access. An ADU shall provide separate exterior access from the
existing primary residence. Entry doors cannot be on the same facade as
the entry door of the primary residence, unless this requirement prevents
creation of the ADU.
(c) Site Planning - Detached ADU (New Construction ADU). A detached ADU
shall be located behind the rear building line of the primary residence, and
be clearly subordinate by location and size, so long as it does not prohibit
the creation of a Statewide Exemption ADU.
G. Permit Application and Review Procedures.
1. Building Permit Required. A building permit is required prior to construction of
an ADU or JADU. Except as otherwise provided in this Section or by State
Law, all building, fire, and related code requirements applicable to habitable
dwellings apply to ADUs and JADUs.
(a) Fire sprinklers shall not be required if they are not required for the primary
dwelling.
(b) However, if the same primary dwelling undergoes significant remodeling
and is required to have fire sprinklers, any ADU created with or after the
remodel must likewise install fire sprinklers.
(c) For ADUs created on lots with multifamily residential structures, the entire
residential structure shall serve as the "primary residence" for the purposes
of this analysis. Therefore, if the multifamily structure is served by fire
sprinklers, fire sprinklers shall be required for the ADU.
2. Application. Prior to the issuance of a building permit for an ADU or JADU, the
applicant shall submit a building permit application to the City, along with all
information and materials prescribed by such application. No application shall
be accepted unless it is completed as prescribed and is accompanied by
payment for all applicable fees.
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3. Review. The Director shall consider and approve or disapprove a complete
application for an ADU or JADU without discretionary review or public hearing
within sixty (60) days from the date the City receives a complete application,
when there is an existing single-family or multi -family dwelling on the lot.
Review is limited to whether the proposed ADU or JADU complies with the
requirements of this Section. If an applicant requests a delay, the time period
for the City to review of an application shall be tolled for the period of the
requested delay. If the application to create an ADU or a JADU unit is
submitted with an application to create a new single-family dwelling on the lot,
the Director may delay acting on the application for the ADU or the JADU until
the City acts on the application to create the new single-family dwelling, but the
application to create the ADU or JADU will still be considered without
discretionary review or a hearing.
4. Zoning Conformity. The City shall not require, as a condition of approval of a
permit application for the creation of an ADU or JADU, the correction of non-
conforming zoning conditions.
5. Conformity with State Law. The City shall not apply any requirement or
development standard provided for in this chapter to an ADU or a JADU to the
extent prohibited by any provision of State Law, including, but not limited to,
subdivision (e)(1) of Government Code Section 65852.2.
H. Utilities.
ADUs. Unless otherwise mandated by applicable law or the utility provider or
determined by the City's Public Works Director to be necessary, an ADU may
be served by the same water, sewer, and other utility connections serving the
primary dwelling on the property, and the installation of a new or separate utility
connection directly between an ADU and a utility is not required. However,
separate utility connections and meters for ADUs may be installed at the
property owner's option, when permitted by the utility provider, and subject to
the payment of all applicable fees.
2. JADUs. A JADU shall be served by the same water, sewer, and other utility
connections serving the primary single-family dwelling in which it is located,
and no separate utility meters shall be permitted for a JADU.
I. Fees.
No impact fee is required for an ADU measuring less than 750 square feet. Any
impact fees charged for an ADU of 750 square feet of more shall be charged
proportionately in relation to the square footage of the primary dwelling.
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2. Construction of an ADU is subject to any applicable fee adopted under the
California Government Code, Title 7, Division 1, Chapter 5 (commencing with
§66000) and Chapter 7 (commencing with § 66012).
3. For purposes of this Subsection, "impact fee" does not include any planning
application fee, plan check fee, or building permit fee.
J. Interpretation. The provisions of this Section shall be interpreted to be consistent
with the provisions of Government Code Sections 65852.2 and 65855.22 and shall be
applied in a manner consistent with State Law.
SECTION XIV. Section 9299(b)(1)(i) of Part 9 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (deleted text in strikethrough):
(i) A decrease in the number of required off-street parking spaces for residential
land uses by a maximum of one (1) parking space. �Alhep A.A Annoccnr„ dWGIliRg
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SECTION XV. Effective Date. This Ordinance shall take effect on the 31St day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to adoption of
the Ordinance and cause this Ordinance to be published as required by law.
SECTION XVI. CEQA Exemption. The City Council finds that this Ordinance is 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.
Approval of the Ordinance does not approve any development project. Approval of the
Ordinance would amend the Tustin City Code in accordance with the requirements of SB
13, AB 68, AB 881 and applicable Government Code Sections to streamline local
regulations for the construction of new Accessory Dwelling Units and Junior Accessory
Dwelling Units; 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.
SECTION XVII. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held out 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, 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.
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PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin
on this day of , 2021.
LETITIA CLARK, MAYOR
ATTEST:
ERICA N. YASUDA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1517
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do 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. 1517 was duly and
regularly introduced at a regular meeting of the Tustin City Council, held on the 16th day
of November, 2021, and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the day of , 2021, by the following
vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Yasuda, City Clerk