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Home My WebLink AboutADU ORDINANCE - ITEM 14 u M Mir CODE AMENDMENT 2021 -0001 ACCESSORY DWELLING UNITS & JUNIOR ACCESSORY DWELLING UNITS City Council November 16, 2021 BACKGROUND , 4Y � 2002: AB 1886 - Required cities to allow by right 2nd units subject to development standards. 2016: SB 1069 and AB 2299 — Amended State Law to , - further restrict local control over 2nd units. 2017: Most recent ADU update to TCC. 2019: SB 13, AB 68, and AB 881 " ❖ New regulations effective Januar 1 2020. g Y , " ke_. ,�, ❖ Updates are designed to reduce barriers and costs, streamline the review process, accelerate ADU & JADU development, while further restricting local control. ..• 000 BACKGROUND . October 26, 2021: .1 y P { pr °, ❖ Planning Commission adopted resolution 4441 recommending City Council adopt Ordinance 1517 amending TCC Sections 9221a1, 9222a5, 9223a7, W 92201, 9228a7, 92408, 9271jj and 9297 and adding section 9297 relating to ADUs and JADUs El Code Amendment2021-0001 Proposed Code Amendment 2021-0001 SectionNew TCC 9279 ADUs and JADUs ❖ Development standards centralized into one section for ease of reference ❖Streamlines review for Accessory Dwelling Units and Junior Accessory Dwelling Units ❖State Law - Single Family and Multiple Family Lots Amends or Repeals other TCC Sections •'• Ensures consistency within the code .. 000 Where are ADUs and JADUs allowed ? Single Family Lot One (1) ADU and One (1) JADU allowed. — -_ - Multi-Family Lot One or more Converted ADUs which shall not exceed 25% of r existing multifamily dwelling ■ units on the lot, or �� ■ •: Maximum of two (2) detached - — ADUs. Code Amendment 000 Detached Converted ADU ADU Attached ADU Code Amendment 2021-0001 6 ❖Allowed One (1) ADU and One (1) JADU SINGLE FAMILY ❖ Development Standards for ADUs: ❖ Separate entrance from primary residence 1 ❖ Height: Comply with TCC height limits or 16 feet DEVELOPMENT STANDARDS •�• Setbacks: 4 Ft. Side and Rear Yard ❖ Minimum Size: At least 220 SF ❖ Maximums: ATTACHED Detached Studio or One (1) Bedroom: 850 SF •;• Studio or One (1) Bedroom: 850 or 50% of primary dwelling SF rlr-.6AR (whichever is less); must allow �. minimum unit of 850 SF. Two (2) or more bedrooms: 1,200 Two (2) or more bedrooms: SF or 50% of primary residence 1,200 SF (whichever is less); must allow minimum unit of 1,200 SF . : Converted ADUs. Not subject to: (1) size limits if there is no increase to the existing floor area (2) height restrictions and (3) setback requirements. Allowed a 150 SF expansion to accommodate ingress and egress when associated with conversion of existing accessory structure. Code Amendment 000 7 Allowed One (1) ADU and One (1) JADU Development Standards for JADUs: • D One JADU allowed within existing walls of proposed or existing SFD DEVELOPMENT STANDARDS Separate entrance from primary residence Not less than 220 SF & may not exceed 500 SF Must include efficiency kitchen ! ~� May share sanitation facilities with primary residence Property owner must reside in either residential dwelling or in JADU Deed Restriction required Code Amendment 000 8 Converted ADUs. One (1) or more converted ADU may be MULTIFAMILY constructed within portions of existing multi-family dwelling structure not used as livable space and not to LOTS exceed (25) percent of the existing multiple-family dwelling units on the lot. ADU DEVELOPMENTSTANDARDS Liveable Space: includes but is not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. OR Detached ADUs. Not more than two (2) Detached ADUs not to exceed height limit of sixteen (16) feet. 4 Ft. Side and Rear Yard Setbacks Max. Size: Not Applicable Code Amendment 000 9 ADU Parking Requirements One (1) parking space per unit or bedroom, whichever is less, in addition to that required for the primary dwelling 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. .. 000 10 Off-streat)arking is not reauired in the following instances: A , Located within one-half mile walking distance of public Parking transit, including transit stations and bus stations; Exemptions Located within an architecturally and historically significant district including without limitation the Cultural Resource District; Part of the proposed or existing primary residence or existing accessory structure (i.e., Converted ADU); When on-street parking permits are required but not offered to the occupant of the ADU; and/or When there is a car share vehicle located within one (1) block of the ADU. .. 000 11 JADU Parking Exemptions and i. No additional off-street parking is required for a JADU beyond that required at the time the existing primary Requirement 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. .. 000 12 Review Approval ❖ Ministerial review only. ❖ Exemt from CEQA. 11 - p ❖ Review time is limited to 60 days . .. 000 13 General Plan Consistency •4,, State Law deems an ADU and/or JADU a residential use that is consistent with the existing General Plan and Zoning District for the lot. ❖ Proposed Code Amendment is consistent with the Tustin General Plan : ❖ 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. ❖ Land Use Element Goal 4: to assure a safe, healthy, and aesthetically pleasing community for residents and businesses. VWII Code Amendment 2021-0001 1 Recommendation v* Proposed Code Amendment 2021-0001 would be consistent with ADU and JADU State Law. v* Recommendation that the City Council adopt Ordinance 1517, amending Chapter 2 of Article 9 of the TCC related to ADUs and JADUs in compliance with State Law. u M Mir CODE AMENDMENT 2021 -0001 ACCESSORY DWELLING UNITS & JUNIOR ACCESSORY DWELLING UNITS City Council November 16, 2021 The following slides are for reference only if needed Development Standards (ADU Development . . M E Proposed TCC 9297 Permitted Locations Any lot zoned E4, R1,R2, R3, R4 & PC Any lot zoned for single family and multi-family residential dwellings Building Site No min. in CRD; 10,000 SF min. lot size outside CR No Minimum Lot size District SF Lot/# of ADU units Primary Residence + One (1) ADU on 10,000 SF or Primary Residence +One (1) ADU (Attached, converted larger Residential Lot or Detached and one (1) JADU MF Lot/#of ADUs ADU not allowed on multi-family lots One (1) or more converted ADU or Two (2) Det. ADUs Max. overall lot coverage for all structures 50% No Maximum Max. lot coverage for ADU None in CRD; Outside CRD: 30% of rear yard and No Maximum 30% of side yard Front yard setback 50 feet (detached) Same front yard setback as other structures on the lot 20 feet (attached) Min. side and rear yard setback 10 feet-corner side 4 feet 5 feet-interior side Converted ADUs: No setback provided if it is sufficient 5 feet— rear for fire and safety Max. height 25 feet Single-family (detached, attached) per zoning district; height of 16 feet per State law Multi-family, detached: Max, height of 16 feet Development Standards (ADUcont . Development Standard GjAsting TCC 9252jj M . . . . . . ibimmod Max. Floor Area 50%of SFD, max 600 SF in CRD Attached (No distinction in CRD) 50% of SFD, max 10% of lot area outside CRD Studio/1 BR: 850 SF or 50% of primary dwelling, whichever is less • 2 or more BR: 1,200 SF or 50% of primary dwelling, whichever is less • If primary dwelling is less than 1,700 SF, may have 850 SF Detached ADU • Studio/113R: 850 SF • 2 or more BR: 1,200 SF Converted ADU • No max. size limit if no increase in existing floor area Min. Unit Size N/A 220 SF Design Requirements Yes Yes Entrances to the rear and not visible from Yes (Attached & Detached) Not required public right-of-way Deed Restriction required Yes Not applicable Development Standards (JADU Development Standard Proposed New TCC 9297 - No less than 220 SF; max 500 SF Entry Separate entrance from primary dwelling entrance required Kitchen Requirements 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 JADU; when an existing attached garage is converted to JADU, any required off-street parking spaces for the primary dwelling that are eliminated shall be replaced. Deed Restriction Required: • No more than 1 JADU on the property • May not be sold, mortgaged or transferred separately from primary residence • Owner shall occupy either primary residence or 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 • A JADU may be rented, but must be for at least 30 consecutive days HOA REGULATIONS ❖ AB 670 ❖ Covenants, Conditions & Restrictions that effectively prohibit or unreasonably restrict construction or use of ADU or JADU on a lot zoned for single family use are void and unenforceable. ❖ AB 3182 � ■ ■ - ■ •'• Allows ADU or JADU to be rented • notwithstanding governing documents that - otherwise prohibit renting or leasing •'• At least 25% of the units must be allowed as • rental or leasable units. October 26, 2021 - Planning Commission