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HomeMy WebLinkAbout11 CODE AMENDMENT 2022-0001 (ORDINANCE NO. 1523)-(SENATE BILL 9-TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS) (2)DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 MEETING DATE TO FROM AGENDA REPORT JULY 19, 2022 MATTHEW S. WEST, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT Agenda Item Reviewed. City Manager Finance Director 11 DS ;5w E N/A SUBJECT: CODE AMENDMENT 2022-0001 (ORDINANCE NO. 1523) — (SENATE BILL 9 - TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS) SUMMARY: This project is a City -initiated Zoning Code Amendment to Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9 (Land Use) of the Tustin City Code (TCC) to regulate qualifying Senate Bill 9 (SB 9) two -unit residential developments and urban lot splits within single- family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7. On September 16, 2021, the Governor signed into law SB 9 (Atkins), which adds Section 65852.21 to the Government Code to require a ministerial review process for eligible development of up to two (2) principal dwelling units on a parcel in a single-family residential zone. The bill also adds Section 66411.7 to require a ministerial review process for eligible "urban lot splits," to create two (2) new parcels for residential uses in a single- family residential zone. On May 24, 2022, the Planning Commission adopted Resolution 4451, recommending that the City Council adopt Ordinance 1523, approving Code Amendment 2022-0001. RECOMMENDATION: That the City Council introduce and have a first reading of Ordinance No. 1523, approving Code Amendment (CA) 2022-0001 by amending Tustin Code (TCC) Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9 (Land Use) relating to qualifying SB 9 two -unit residential developments and urban lot splits within single-family residential zones and set second reading at the next City Council regular meeting. FISCAL IMPACT: No impacts to the General Fund are anticipated. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Code Amendment 2022-0001 July 19, 2022 Page 2 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. APPROVAL AUTHORITY: The TCC 9295g authorizes the City Council to adopt Zoning Code Amendments following a recommendation by the Planning Commission and a public hearing. BACKGROUND: On September 16, 2021, California Governor Gavin Newsom, signed into law SB 9, a law that allows for the ministerial approval of certain housing development projects containing up to two (2) dwelling units on a single-family zoned parcel (known as "Two -unit Residential Developments"). SB 9 also allows for the ministerial approval of certain lot splits (known as "Urban Lot Splits") to allow property owners to construct two (2) unit residential developments on the newly created lots. Any new housing created as a result of this bill must meet a specific list of qualifications that protects historic districts, preserves environmental quality and the look of communities, and prevents tenants from being displaced. SB 9 went into effect on January 1, 2022. City staff held workshops to introduce the key provisions of SB 9 at the October 12, 2021 Planning Commission meeting and December 12, 2021 City Council meeting. On May 24, 2022, the Planning Commission adopted Resolution 4451 (Attachment A), recommending that the City Council adopt Ordinance No. 1523 (Attachment B) amending TCC Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9 (Land Use) relating to qualifying SB 9 two -unit residential developments and urban lot splits within single-family residential zones. DISCUSSION: Proposed Code Amendment 2022-0001 State law requires that qualifying "Two -unit Residential Developments" and "Urban Lot Splits" be approved ministerially in single family zones. SB 9 sets forth minimum development standards for various development criteria such as building setbacks and parking and allows cities to enact additional development standards such as lot coverage and building height to protect the health, safety and welfare of the community as long as said development standards do not unduly restrict the development of either development type. Until a compliant ordinance is adopted, development applications submitted for a "Two -unit Residential Development" or an "Urban Lot Split" are subject to the default standards provided in the various Government Code sections. To date, one application for an Urban Lot Split has been received and is currently under review under the State's default standards. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Code Amendment 2022-0001 July 19, 2022 Page 3 Parcels Subject to SB 9 Regulations Approximately 6,600 single-family zoned parcels in Tustin may be affected by SB 9. The SB 9 Map (Figure 1 and Attachment C) illustrates the single-family zones located throughout the City. Of the 6,600 parcels, approximately sixty (60) percent of these parcels are located within the Homeowner's Associations (HOAs) controlled areas. While SB 9 requires cities to allow urban lot split subdivisions and additional density, there is nothing in SB 9 that overrides Covenants, Conditions & Restrictions (CC&Rs), commonly used by Common Interest Developments (CIDs) and Homeowner's Associations (HOAs). Specifically, SB 9 is silent on the issue, meaning the bill contains no provisions that supersede HOAs or CIDs governing documents. As we have seen with other housing legislation, SB 9 would have to contain an explicit and proactive provision to override those rules. This bill does not. Accordingly, HOAs maintain authority to either allow or prohibit SB 9 developments within their respective boundaries. TUSTIN SB 9 - Potentially Affected Parcels � J1 l � J Tustin 1— — * Fxnyt Cultural and 16stork Districts SB9 Applicable Areas/Zones I� AmGase lane, flannel Cammunity Residential (38 Parcels) Residential Fate Dsfria[, E4 (222 Parcels) Laurelwoad, Planned Community -Residential (522 Parcels) - East Tustin spectre Plan, Planned Cammunity-Residential - SP 8 (2,625 Par" Miller OrlLucero Way, Planned Comnuney-Residential (61 Parcels) - Peppertree, Plann d Community- Residential (357 Parcels) Sir* Family Rsidcntial Oistnct (2,250 Parcels) Tustin Crile, PLann d =unity -Residential (145 Parcels) Tustin Meadows, PUnnd Corllmwity-Residential (938 Parcels) 589 App6[a0le Parcels 6,605 Paroels Q Tustin City B—dary Please note, that HOAs may elect to allow or prohibit SS 9 development, within their boundaries- HOA boards should consult with your legal counsel on allowing or prohibiting SB9 developments within the HOAs CC&Rs. Questions? Please call the Community Development Department at (714) 573-3140 0 0.25 0.5 1 Miles I All information accurate but not guaranteed. I t t t l l t l l DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Code Amendment 2022-0001 July 19, 2022 Page 4 Figure 1 — SB 9 Map (Potentially Affected Parcels) Proposed Code Amendment 2022-0001 The two (2) types of SB 9 allowable developments are illustrated in Figure 2. Both development scenarios could be used together to yield a maximum of two (2) lots and two (2) units on each lot resulting up to four (4) units at any given scenarios. Two -unit Developments Urban Lot Splits ^..—..—..—..—..—..� _.—.._..� �.._..—..—.._..—..� 1 I I I I No ADU or JADU I 1 I I I I IUnitI I I I No ADU or JADU No ADU or JADU I I No ADU or JADU i Figure 2 — SB 9 Development Types As allowed by Senate Bill 9, staff has prepared an amendment to TCC Article 9 (Land Use) by adding Section 9280 within Part 7 (General Regulations) of Chapter 2 (Zoning) to regulate qualifying two -unit residential developments and is amending Chapter 3 (Subdivisions) to allow the ministerial approval for a parcel map for an urban lot split of up to two (2) lots. Absent a locally adopted SB 9 Ordinance, the City is required to process any SB 9 development proposal by applying State law as described in Government Code Sections 65852.21 and 66411.7. A summary of the proposed regulations is listed below: Table 1 SB 9 and Proposed TCC Criteria State Law (SB9) Proposed TCC • Located within a Single-family residential zone. • Not located in prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory Qualifying: floodways, and lands identified for Consistent with State Law conservation or habitat preservation, and not within a Historic Landmark or in a designated Historic District. • Short-term rentals prohibited. • Prohibits any non-residential use of the lot. • Limitations on demolitions and alterations. # of units per lot: Two Units Two units DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Code Amendment 2022-0001 July 19, 2022 Page 5 Table 1 SB 9 and Proposed TCC Criteria State Law (SB9) Proposed TCC Minimum unit size: Does not specify 500 square feet Maximum unit size — attached or Allow at least 800 square feet 800 square feet detached: Does not specify, but states that projects shall not be rejected solely because it proposes Separation between adjacent or connected structures provided that As required by Building units: the structures meet building code safety Code. standards and are sufficient to allow separate conveyance. Maximum number of Does not specify Does not specify bedrooms: New Primary Dwelling Unit(s) Structural height: Does not specify shall comply with the height limits set forth in the respective zoning district. Setbacks for New Front Setback: 20 feet Primary Dwelling Does not specify front setback or street side yard, Interior Side Setback: 4 feet Unit: 4 feet for side and rear setback. Street Side Setback: 10 feet Rear SetbackA feet Each new primary dwelling unit shall provide at minimum Open Space: Does not specify a continuous private recreation area of 225 square feet. One off-street parking space must be provided for each new primary dwelling unit, Does not specify. Must not require parking unless the following: when the site is located within: a. The lot is located within • one-half mile walking distance of either (i) a one-half mile walking high-quality transit corridor as defined in distance of either (i) a subdivision (b) of Section 21155 of the high-quality transit California Public Resources Code, or (ii) a corridor as defined in Off-street parking: major transit stop as defined in Section subdivision (b) of Section 21064.3 of the California Public Resources 21155 of the California Code. Public Resources Code, or (ii) a major transit stop • The lot is located within one block of a car- as defined in Section 21064.3 of the California share vehicle location. Public Resources Code. b. The lot is located within one block of a car -share vehicle location. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Code Amendment 2022-0001 July 19, 2022 Page 6 Table 1 SB 9 and Proposed TCC Criteria State Law (SB9) Proposed TCC Owner occupancy of 3 years Owner occupancy of 3 years required for urban required for urban lot split. lot split. Owner occupancy: Rentals must be greater than Rentals must be greater than 30 days for urban 30 days for urban lot splits or lot splits or two -unit residential developments. two -unit residential developments. Nonconforming setback may be retained for existing structures or new structures built in same location and dimension for both urban lot Nonconforming setback may be retained for splits and two -unit residential existing structures or new structures built in developments. same location and dimension for both urban lot Any non -conforming splits and two -unit residential developments. conditions shall be corrected Nonconforming in conjunction with an conditions: A local agency shall not require, as a condition application for an SB 9 two - for ministerial approval of a parcel map unit residential development application for the creation of an urban lot split, application. the correction of nonconforming zoning conditions. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split. Any new additional primary dwelling unit must be compatible with existing primary unit exterior materials, color, and dominant roof pitch. If two new primary dwelling units are developed, the Design guidelines: Does not specify provided two 800 square foot dwellings must be units are permitted compatible with each other. Each new primary dwelling unit shall have a main entry that is clearly defined, and to the extent possible, be oriented directly towards the street(s) in order to provide consistency with neighborhood. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Code Amendment 2022-0001 July 19, 2022 Page 7 Table 1 SB 9 and Proposed TCC Criteria State Law (SB9) Proposed TCC Existing lot shall be a minimum of 3,000 square feet; Resulting lot shall be a Minimum Lot Size: 1,200 square feet minimum of 1,200 square (Urban Lot Split) feet; One of the resulting lots shall be at least 40 percent of the lot area of the original lot proposed for subdivision. Shall not exceed 50%, unless Lot Coverage: Does not specify provided two minimum 800 this requirement prevents the square foot units are permitted. creation of an 800 square foot dwelling unit. Each development shall be designed to provide adequate on-site vehicular access, circulation, back-up, and turn -around areas that comply with all the applicable Access/ City and the Orange County Easements: Does not specify. Fire Authority standards. A minimum of 12 feet access easement shall be provided when resulting lot via urban lot split does not have direct frontage onto a public or private street. Accessory structures shall comply with the following setbacks: Accessory Does not specify. Structures: Front Setback: 20 feet Interior Side Setback: 5 feet Street Side Setback: 10 feet Rear Setback: 5 feet. Ministerial Review Process SB 9 requires that proposals for two -unit residential development and/or urban lot split be reviewed ministerially. Two -unit development proposals will be reviewed similar to current ADUs/JADUs reviews which requires the submittal of construction drawings directly into the Building Division for plan check review on compliance with the proposed code amendment. For urban lot splits, the TCC currently requires the submittal of a tentative parcel map for review by the Planning Commission; however, the proposed code amendment will authorize the Community Development Director to approve the Parcel Map for urban lot splits in compliance with the ministerial review required under SB 9. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Code Amendment 2022-0001 July 19, 2022 Page 8 Consistency with the Tustin General Plan The proposed Code Amendment 2022-0001 is consistent with the Tustin General Plan in that they comply with the following goals: 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. PUBLIC NOTICE/ PUBLIC OUTREACH: A 1/8 -page public notice was published in the Tustin News on July 7, 2022, informing the public of the City Council public hearing for proposed Code Amendment 2022-0001. The public notice was posted at Tustin City Hall, the Tustin Library, and the Tustin Area Senior Center. In addition, a dedicated project webpage has been launched to host up-to-date information on the proposed SB 9 code update (www.tustinca.org/SB9), including direct links to State legislation, the Department of Housing and Urban Development SB 9 Fact Sheet, and interactive GIS map for checking a parcel's eligibility , and City staff contact information. A total of 25 notices, were mailed to Homeowner's Associations with notification of the proposed SB 9 ordinance. The City also posted information on the proposed SB 9 ordinance on its City webpage and social media. PUBLIC COMMENT: On May 24, 2022, the California Renters Legal Advocacy and Education Fund submitted written correspondence (Attachment D) to the Planning Commission which stated that the draft ordinance published in the Planning Commission Report contained minimum lot size and design standards that did not comply with State Law. Upon consultation with the City's legal counsel, the two provisions in the draft were revised to ensure compliance with the Government Code. These two minor revisions were presented to the Planning Commission in draft Ordinance No. 1523 and were considered during the May 24, 2022 Planning Commission public hearing. The draft ordinance under consideration by the City Council includes these minor revisions. During the May 24, 2022 Planning Commission public hearing, two (2) Tustin Meadows HOA representatives voiced concerns regarding an HOA's ability to prohibit SB 9 development in their communities and cited long lead times for amending their community's CC&Rs to prohibit SB 9 developments. Representatives were generally concerned that their communities would not be able to absorb the increased demand created by adding dwellings/residents to HOA communities that were originally designed with a specific number of dwelling units. The representatives' concerns have been generally summarized in the May 24, 2022 Planning Commission minutes (Attachment E). Although current State Law presently allows HOAs to prohibit SB 9 Developments, the City cannot guarantee that State Law provisions will not change in the future. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Code Amendment 2022-0001 July 19, 2022 Page 9 ENVIRONMENTAL ANALYSIS: The proposed Code Amendment 2022-0001 is exempt from the requirements of the California Environmental Quality Act (CEQA). The Legislature has declared that the proposed ordinance, which implements the provisions of Government Code Sections 65852.21 and 66411.7, is not a project under CEQA or the CEQA Guidelines. CONCLUSION: Proposed Code Amendment 2022-0001 would be consistent with SB 9 State Law. Staff recommends that the City Council introduce and have first reading of Ordinance No. 1523, amending Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9 (Land Use) of the TCC to regulate qualifying Senate Bill 9 (SB 9) two -unit residential developments and urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7 and set the second reading for the next regularly noticed City Council meeting. DocuSigned by: DocuSigned by: IV�Ma �lufVbin � � -4. In�i,Q,QJc4v"" 2E SAE588F82047F_.. ED45DA2623B54A5... Irma Huitron Assistant Community Development Director - Planning DocuSigned by: I w�oa bavv'"fj` ' E48A67 E1967540F... Raymond Barragan Principal Planner Consultant Attachments: Justina L. Willkom Community Development Director A. Planning Commission Resolution No. 4451 B. Draft Ordinance No. 1523 C. SB 9 Map D. Planning Commission — May 24, 2022 Public Comment (Letter - California Renters Legal Advocacy and Education Fund) E. Planning Commission Minutes — May 24, 2022 DocuSign Envelope ID: F31 D1073-2A1 C-44F6-9616-191 E7AF18364 ATTACHMENT A PLANNING COMMISSION RESOLUTION NO. 4451 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 RESOLUTION NO. 4451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1523, AMENDING CHAPTER 2 (ZONING) AND CHAPTER 3 (SUBDIVISIONS) OF ARTICLE 9 (LAND USE) TO APPROPRIATELY REGULATE QUALIFYING SB 9 TWO - UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS WITHIN SINGLE-FAMILY RESIDENTIAL ZONES IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That on September 16, 2021, the Governor signed into law SB 9 (Atkins), which adds Section 65852.21 to the Government Code to require a ministerial review process for eligible development of up to two (2) principal dwelling units on a parcel in a single-family residential zone and also adds Section 66411.7 to require a ministerial review process for eligible "urban lot splits," to create two (2) new parcels for residential uses in a single-family residential zone. SB 9 became effective on January 1, 2022. B. That a City initiated Code Amendment 20220001 has been prepared to amend Tustin City Code (TCC) Article 9 (Land Use) by adding Section 9280 within Part 7 (General Regulations) of Chapter 2 (Zoning) to regulate qualifying two -unit developments and is amending Chapter 3 (Subdivisions) to allow the ministerial approval for a parcel map for an urban lot split of up to two (2) lots. C. That the proposed amendments comply with California Government Code Section 65852.21 and 66411.7. D. That absent a locally adopted SB 9 Ordinance, the City is required to process any SB 9 development proposals by applying State law as described in Government Code Sections 65852.21 and 66411.7. E. That SB 9 allows local agencies to impose objective zoning, subdivision, and design standards. F. The public has already expressed interest in developing under this new law and it is necessary to have standards in place to protect the public health and safety. G. That on May 24, 2022, a public hearing was duly noticed, called, and held by the Planning Commission on Code Amendment 20220001 relating to code DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF1 8364 Resolution No, 4451 Page 2 requirements applicable to SB 9 two -unit developments and urban lot splits within single-family residential zones. H. That the proposed SIB 9 provisions are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. That SIB 9 development is not applicable to and 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 are consistent with the Tustin General Plan in that they comply with the following goals: 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. K. That the Planning Commission finds that the proposed code amendment is exempt from the California Environmental Quality Act (CEQA). The Legislature has declared that the proposed ordinance, which, implements the provisions of Government Code Sections 65852.21 and 66411 .7, is not a project under CEQA or the CEQA Guidelines. Il. The Planning Commission hereby recommends that the City Couincil adopt Ordinance No. 1523, amending TCC Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9 (Land Use) to appropriately regulate qualifying SB 9 two - unit residential developments and urban lot splits within single-family residential zones, attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tustin held on the 24th day of May 2022. DAVID J. M�LLO, JR. ChairpE I JU6TINA L. WILLKbm Planning Commission Secretary DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF1 8364 Resolution No. 4451 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4451 was passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of May 2022. PLANNING COMMISSIONER AYES: C,HU, HTGUGHI--�—KOZAK, MELLO—(-4)- PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: AWINA L. VVILLIKOM Planning Commission Secretary Exhibit A- Draft Ordinance 1523 MASON (1) DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 ORDINANCE NO. 1523 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE CHAPTER 2 (ZONING) AND CHAPTER 3 (SUBDIVISIONS) OF ARTICLE 9 (LAND USE) TO APPROPRIATELY REGULATE QUALIFYING SB 9 TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS WITHIN SINGLE-FAMILY RESIDENTIAL ZONES IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7. 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 16, 2021, the Governor signed into law SB 9 (Atkins), which adds Section 65852.21 to the Government Code to require a ministerial review process for eligible development of up to two principal dwelling units on a parcel in a single-family residential zone and also adds Section 66411.7 to require a ministerial review process for eligible "urban lot splits," to create two new parcels for residential uses in a single-family residential zone. SB 9 became effective on January 1, 2022. B. That a City initiated Code Amendment (CA) 2022-0001 has been prepared to amend Tustin City Code (TCC) Article 9 (Land Use) by adding Section 9280 within Part 7 (General Regulations) of Chapter 2 (Zoning) to regulate qualifying two -unit developments and is amending Chapter 3 (Subdivisions) to allow the ministerial approval for a parcel map for an urban lot split of up to two (2) lots. C. That the proposed amendments comply with California Government Code Section 65852.21 and 66411.7. D. That absent a locally adopted SB 9 Ordinance, the City is required to process any SB 9 development proposal by applying State law as described in Government Code Sections 65852.21 and 66411.7. E. That SB 9 allows local agencies to impose objective zoning, subdivision, and design standards. F. The public has already expressed interest in developing under this new law and it is necessary to have standards in place to protect the public health and safety. G. That on May 24, 2022, a public hearing was duly noticed, called, and held by the Planning Commission on CA 2022-001 relating to code requirements DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 2 applicable to SB 9 two -unit developments and urban lot splits within single- family residential zones. H. That on May 24, 2022, the Planning Commission adopted Resolution No. 4451 and recommended that the City Council adopt Ordinance No.1523, approving CA 2022-0001. That on 2022, a public hearing was duly noticed, called, and held on CA 2022-0001 by the City Council. J. That the proposed SB 9 provisions are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. K. That SB 9 development is not applicable to and 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 Historical Resources Survey. 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. SECTION 2. Section 9280 is hereby added to Part 7 (General Regulations) of Chapter 2 (Zoning) of Article 9 (Land Use) of the TCC to read as follows: 9280 — REGULATION OF SB 9 TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS A. Purpose, Applicability, Definitions, Interpretation. 1. Purpose. The purpose of this Section is to appropriately regulate qualifying SB 9 two -unit residential developments and urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7. 2. Applicability. The standards and limitations set forth in this Section shall apply to urban lot splits and the development and use of SB 9 two -unit residential developments within a single-family residential zone in the City, L_J DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 3 notwithstanding any other conflicting provisions of this code. In the event of a conflict between the provisions of this Section and any other provision of this code, the provisions of this Section shall prevail. 3. Definitions. As used in this Section, the following terms shall have the following meanings: "ADU" and "JADU" shall have the meanings ascribed to these terms in Section 9297. "Director" means the Community Development Department Director or their designee. "Flag Lot" means a lot, the major portion of which has access to a road or street by means of a narrow strip of land called a "staff." "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1 (a)(1 1)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15). "New primary dwelling unit" means either a new, additional dwelling unit that is created or an existing dwelling unit that is expanded, but does not include an ADU or a JADU. "Single-family residential zone" shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes the R1 (Single -Family Residential District), E4 (Residential Estate District), and RA (Residential Agricultural) zoning districts and any property within a Specific Plan area or PC District (Planned Community District) area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiple -family dwelling is not a permitted or conditionally permitted use. "SB 9 two -unit residential development" shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this Section. A housing development contains two residential units if the development proposes no more than two (2) new units or if it proposes to add one (1) new unit to one (1) existing primary unit. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 4 "Urban lot split" shall mean the ministerial review of a tentative parcel map and the subsequent final parcel map to subdivide one (1) lot into two (2) lots within a single-family residential zone pursuant to California Government Code Section 66411.7. 4. Interpretation. The provisions of this Section shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The City shall not apply any requirement or development standard provided for in this Section to the extent prohibited by any provision of State law. B. Permit Application and Review Procedures 1. Application. An applicant for an SB 9 two -unit residential development or an urban lot split shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees. 2. Review. Consistent with State law, the Director will consider and approve or disapprove a complete application for an SB 9 two -unit residential development or an urban lot split ministerially, without discretionary review or public hearing. 3. Nonconforming Conditions. An SB 9 two -unit residential development may only be approved if all nonconforming zoning conditions are corrected. Any non- conforming conditions shall be corrected in conjunction with an application for an SB 9 two -unit residential development application. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split. 4. Effectiveness of Approval. The ministerial approval of an SB 9 two -unit residential development or a parcel map for an urban lot split does not take effect until the City has confirmed that all required documents have been recorded. 5. Hold Harmless. Approval of an SB 9 two -unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the City, its officers, agents, employees and/or consultants from all claims and damages (including attorney's fees) related to the approval and its subject matter. 6. Specific, Adverse Impacts. Notwithstanding anything else in this Section, the Director may deny an application for an SB 9 two -unit residential development or a parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 5 a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. C. Qualifying Requirements A proposed SB 9 two -unit residential development or urban lot split shall meet all of the following requirements in order to qualify for ministerial review pursuant to the provisions of this Section. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is met. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statements, including, but not limited to, interviewing prior owners and occupants of the subject property, interviewing owners and occupants of nearby properties, and reviewing tax records, and may require additional evidence necessary to support the sworn statements, as determined by the Director in their reasonable discretion. 1. The subject property shall be located within a single-family residential zone as defined in Section 9280(A)(3). 2. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4. 3. The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a City landmark or historic property pursuant to a City ordinance and/or the City of Tustin Historical Resources Survey. 4. The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 5. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 6 6. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three (3) years. 7. If any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three (3) years, the proposed development shall not involve the demolition of more than 25 percent of the existing exterior structural walls of any housing unit on the lot. 8. The subject property shall be owned solely by one or more individual property owners. 9. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split. 10. In the case of an urban lot split, the lot proposed to be subdivided ("subject lot") is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot. 11. No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property. D. Permitted Locations A lot on which an urban lot split or SB 9 two -unit residential development is proposed shall be located within a Single-family residential zone. A lot located within a multiple -family or mixed-use zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two -unit residential development pursuant to this Section. E. Number of Dwelling Units Permitted on a Lot 1. Notwithstanding any other provisions of this Code, State law requires the City to permit a lot located within a single-family residential zone to contain two (2) primary dwelling units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this Section. 2. Provided the lot is not subdivided or created through an urban lot split, development of two (2) primary dwelling units on a lot through an SB 9 two -unit residential development in conformance with this Section does not preclude the development or maintenance of an ADU and/or JADUs on a lot to the extent permitted by Section 9279 and State law. 3. No more than two (2) dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split, inclusive of ADUs and DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 7 JADUs. For purposes of this subdivision, the two -unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. F. Separate Conveyance 1. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings shall be held equally and undivided by all individual owners of the lot. 2. Separate conveyance of the two (2) lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two (2) lots share a driveway pursuant to Subsection (J)(16)(b), appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two (2) lots ("CC&Rs") for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot shall be recorded before the City will approve a final parcel map for the urban lot split. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this Code. 3. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two - unit residential development. G. Residential Use Only No non-residential use is permitted on any lot created through an urban lot split or containing an SB 9 two -unit residential development. H. No Short -Term Rentals Permitted The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two -unit residential development shall be for a term longer than 30 consecutive days. Housing Crisis Act Replacement Housing Obligations If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page S each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300. J. Development Standards and Design Criteria Development Standards. A qualifying SB 9 two -unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria set forth in this Section. in addition, except as modified or provided by this Section or State law, an SB 9 two -unit residential development and any development on a lot created through an urban lot split shall conform to all objective development standards applicable to the lot as set forth in this Section and/or in an applicable specific plan or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, and/or standard conditions duly promulgated and/or adopted by City and any applicable agencies such as East Orange County Water District, Irvine Ranch Water District, and the Orange County Fire Authority. 2. Unit Size. a) Minimum Size. Each new primary dwelling unit shall be at least the following minimum sizes based on the number of sleeping rooms provided: 1. Studio or One (1) bedroom: 500 square feet. 2. Two (2) or more bedrooms: 700 square feet. b) Maximum Size. 1. The total floor area of each new primary dwelling unit developed as part of an SB 9 two -unit residential development or on a lot created through an urban lot split shall not exceed 800 square feet. 2. A primary dwelling that was legally established on the lot prior to the submittal of a complete application for an SB 9 two -unit development or an urban lot split and has a total floor area of 800 square feet or more shall be limited to its current lawful floor area and may not be expanded. 3. A primary dwelling that was legally established prior to the submittal of a complete application for an urban lot split or an SB 9 two -unit residential development and that is smaller than 800 square feet may be expanded to 800 square feet. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 9 3. Unit Height; Stories. a) New Primary Dwelling Unit(s). Shall comply with the height limits set forth in the respective zoning district. b) New garages and accessory structures, that are attached or detached, shall comply with the height limits set forth in the respective zoning district. ADU/JADU shall comply with Section 9279. 4. Setbacks. a) New Primary Dwelling Units. The following minimum setbacks from the property lines shall be observed for each new primary dwelling unit and any garages and accessory structures that are attached to a new primary dwelling unit. Detached garages and accessory structures shall comply with the setbacks contained in Subsection (b). The required setbacks shall be maintained open and unobstructed from the ground to the sky, except for the permitted intrusions. 1. Front Setback: 20 feet 2. Interior Side Setback: 4 feet 3. Street Side Setback: 10 feet 4. Rear Setback: 4 feet. b) Detached Garages and Accessory Structures. The following minimum setbacks from the property lines shall be observed for detached garages and accessory structures on a lot. 1. Front Setback: 20 feet 2. Interior Side Setback: 5 feet 3. Street Side Setback: 10 feet 4. Rear Setback: 5 feet. c) Flag Lot —Additional Standards 1. Front Yard. Shall be the side nearest the street frontage upon which the staff portion of the lot fronts. 2. All lot size and setback requirements shall be the same as required for two -unit residential developments, and applicable sections of DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 10 the underlaying zone on which the lot is located. The staff portion of the lot shall not be included to determine setbacks or in computing lot size for zoning and building purposes. d) Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street. e) Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances No increased setback is required for an existing legally established structure or for a new primary dwelling unit that is constructed in the same dimensions as an existing legally established structure, provided that the new primary dwelling unit shall not be greater than 800 square feet. 2. A required minimum setback may be reduced pursuant to Subsection (J)(22)(b) to the degree it would (i) physically preclude the development or maintenance of two (2) dwelling units on a lot or (ii) physically preclude any new primary dwelling unit from being 800 square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line. 3. Permitted Intrusions. Permitted intrusions shall comply with provisions set forth in Subsections 9271{j) and 9271(1). 5. Building Separation. A minimum building separation shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures as may be required by Building Code. 6. Lot Coverage. The maximum lot coverage shall not exceed fifty (50) percent. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios, and covered parking areas. 7. Maximum Front Setback Coverage. The maximum front setback coverage shall comply with the provisions set forth in Section 9267. 8. Open Space. Each new primary dwelling unit shall provide, at a minimum, a continuous private recreation area of 225 square feet with minimum interior dimensions of ten (10) feet. The private recreation area shall be open and unobstructed from the ground to the sky. The private recreation area may be located within the interior side, street side, or rear setback areas. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 11 9. Landscaping. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private recreation areas, shall be fully landscaped and irrigated. 10. Off -Street Parking. a) Required Parking. One (1) off-street parking space shall be provided for each new primary dwelling unit unless one (1) of the following applies: 1. The lot is located within one-half mile walking distance of either (i) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code. 2. The lot is located within one (1) block of a car -share vehicle location. b) Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone. c) Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking. Open parking spaces may be located within the side or rear setbacks, and in the front setback for driveways that are not shared by more than one (1) housing unit. d) All off-street parking space dimensions are subject to the provisions set forth in Section 9266. 11. Unit Design Standards. a) If there is an existing primary dwelling that was legally established on the lot prior to the filing of a complete application for a two -unit development or an urban lot split, any new additional primary dwelling unit shall match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. b) If two (2) new primary dwelling units are developed on the lot, the dwellings shall match with each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. c) All exterior lighting shall comply with Section 9271 hh. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 12 d) Each new primary dwelling unit shall have a main entry that is clearly defined, and to the extent possible, be oriented directly toward the street(s) in order to provide consistency with the neighborhood. The main entry shall be covered, with a minimum depth of three feet. Each covered entry shall be in proportion with the building and shall incorporate architectural features that are used in the overall building design. All doors shall have standard door locks and dead bolts. 12. Storage Facilities. Each new primary dwelling unit shall provide a minimum 144 cubic feet of private secure storage space. Normal closets and cupboard space located within the unit shall not count toward meeting the requirement. 13. Laundry Facilities. Each new primary dwelling unit shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within an enclosed garage, the laundry equipment shall not encroach into the interior garage parking area. 14. Water Heaters. Each new primary dwelling unit shall have a separate hot water. The location of the water heater shall be incorporated into the design of each unit. No exterior water heater enclosures shall be permitted. Water heaters may be substituted with tankless water heaters provided all building codes are complied with. 15. Mechanical Equipment, Metering Devices. All roof and ground mounted mechanical equipment and metering devices shall be completely screened from view from either on or off the property. All ground mounted equipment and above -ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan, and, to the extent possible, be placed outside of the required front setback area. If mechanical equipment or metering devices are to be located between a structure and the property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 13 16.Access and Circulation. a) Each development shall be designed to provide adequate on-site vehicular access, circulation, back-up, and turn -around areas that comply with all the applicable City standards. b) All units on the lot (or all units on both lots created through an urban lot split) shall share the same drive approach and driveway, unless the street frontage of the lot (or the combined street frontage of the two lots created through an urban lot split) is sufficient to allow for multiple driveways meeting the minimum dimensions specified in the Department of Public Works Standard Plans and Design Standards (latest edition). c) Driveways and site access shall comply with the provisions set forth in Section 9267. d) Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles shall be provided. The Orange County Fire Authority shall confirm that all applicable fire and emergency access requirements are met before the City will approve an application. 17. Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and non -recyclable solid waste ("trash containers") as required by Article 4, Chapter 3 of the TCC and shall comply with the following.- a) ollowing: a) Trash containers shall be stored within designated storage areas only and not within the garage parking area. b) The placement of trash containers for pick-up, and the duration of time prior to and after trash collection of those trash containers, is subject to the Article 4, Chapter 3 requirements. c) The area required for each container shall be a minimum of 38 inches by 38 inches. d) The trash areas shall be paved and accessed by gates and a walkway for ease of taking trash containers to and from the street. 18. Utilities. a) Each primary dwelling unit on a lot shall have its own direct utility connection to the utility/public service provider. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 14 b) All necessary and/or required easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit shall be obtained by the property owner / applicant. The City may condition approval of an application under this Section upon the applicant providing evidence that such easements have been agreed to and/or recorded. c) Submitted plans shall show the location and dimension of all proposed above -ground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements. 19. Building and Safety. All structures built on the lot shall comply with all current local building standards. 20. Drainage and Stormwater Management. Each lot shall detain stormwater on site or treat before draining to an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to City -maintained storm drains within the City right-of-way shall comply with applicable City standards. 21.Address Identification. Each residential unit shall have a separate address and shall be provided with approved address identification that is visible from the street fronting the lot in accordance with Section R319 of the California Residential Code. Where the unit address on the building cannot be viewed from the street fronting the lot, a monument, pole, or other means consistent with City standards shall be used to identify the unit. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. 22. Exceptions to Objective Standards. a) Any objective zoning, subdivision, or design standard that would have the effect of physically precluding the construction of up to two (2) primary residential units on a lot or that would physically preclude each new unit from being 800 square feet in floor area shall be modified or waived to the extent necessary to allow the development of two (2) primary residential units on a lot pursuant to this Section that are each 800 square feet in floor area. The City prioritizes some objective development standards over others, as provided in Subsection (b) below. In applying the exceptions LJ required by this Subsection, a proposed project shall be designed such that DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 15 a development standard given a lower priority is modified or waived before a development standard given a higher priority. If a proposed project can be designed such that each lot can accommodate two (2) 800 square foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied. b) Priority of Development Standards. The City prioritizes the following development standards in the following descending order of priority, with the first development standard listed having the highest priority: 1. Lot Size. 2. Lot Width. 3. Height; Stories. 4. Front setback. 5. Maximum front setback coverage (50%). 6. Open space (225 square feet). 7. Minimum unit size. 8. Lot coverage (50%). c) This Subsection shall not be interpreted to permit the construction of new garages or accessory structures, or the maintenance of existing accessory structures not providing required parking, where the development or maintenance of two (2) 800 square foot dwelling units on the lot would not be physically precluded in the absence of such proposed or existing structures. d) Building standards, standards required by federal, state or local law or for sanitation or safety reasons, the off-site parking requirements in Subsection (J)(10), and the lot size, access, and frontage requirements set forth in Subsection (K) will not be waived or modified unless otherwise required by state law. e) As part of its application, the applicant shall provide a written explanation that (a) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (b) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two (2) primary residential DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 16 units on the lot and/or each new unit from being at least 800 square feet in floor area, and (c) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this Subsection. K. Additional Requirements for Urban Lot Splits An urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act and Chapter 3 of Article 9 of the TCC, including implementing requirements in this Code, except as otherwise provided in this Section. Notwithstanding the foregoing, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split. 2. Lot Size. The parcel map for an urban lot split shall subdivide an existing lot to create no more than two (2) new lots, provided that the resulting lot shall be a minimum of 1,200 square feet. One (1) of the resulting lots shall be at least forty (40) percent of the lot area of the original lot proposed for subdivision. 3. Easements. a) The owner shall enter into an easement agreement with each utility/ public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. b) Each easement shall be shown on the tentative parcel map and the final parcel map. c) Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved. 4. Lot Access and Width. a) Easements for purposes of pedestrian and/or vehicular access shall be of adequate width and depth to provide continuous and unobstructed access to the public right-of-way. b) No building or construction, except driveways or pedestrian pathways and landscaping, shall be allowed on the easement. c) Each resulting lot shallhave frontage on the public right-of-way of at least twenty-five (25) feet when providing separate driveways and a minimum of twelve (12) feet when sharing a driveway for vehicular access and/or ingresslegress access, whether vehicular or for pedestrian pathways. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 17 5. Improvements Required. Each resulting lot shall be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the City, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the City's approval of such related improvement plans and all related entitlements or other approvals required by this Code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the City in accordance with the applicable requirements of this Code. 6. Required Affidavit. The applicant for a parcel map for an urban lot split shall sign an affidavit provided by the City stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the final parcel map for the urban lot split is approved. L. Compliance with Emergency Access and Service Requirements Development of a lot pursuant to this Section shall comply with provisions set forth in Section 9280(J)(16)(d). M. Deed Restriction Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an SB 9 two -unit residential development, the owner(s) of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and/or acceptable to the Director, and that does each of the following: 1. Expressly requires the rental of any dwelling unit on the property be for a term longer than thirty (30) consecutive days. 2. Expressly prohibits any nonresidential use of the lot. 3. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another. 4. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot. 5. Expressly prohibits condominium airspace divisions and common interest developments on the property, DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 18 6. States that the property was formed and/or developed pursuant to the provisions of this Section and is therefore subject to the City regulations set forth in this Section, including all applicable limits on dwelling size and development. 7. Expressly prohibits more than two (2) dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split. 8. States (i) that the deed restriction is for the benefit of and is enforceable by the City, (ii) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns, (iii) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) that, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) that the deed restriction may not be modified or terminated without the prior written consent of the Director. N. Fees Development of lots pursuant to this Section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the City. O. Objective Standard Conditions The Director is authorized to promulgate objective standard conditions implementing this Section, which are consistent with this Code and State law, that shall apply to the application and development of two -unit developments and urban lot splits, and to publish such standard conditions on the City's internet website. Applicants shall comply with all standard conditions duly promulgated by the Director and published on the City's internet website. P. Expiration of Approval The approval of an SB 9 two -unit residential development shall become null and void if construction is not commenced within one (1) year of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire. SECTION 3. Section 9321(b), Table 2-1 (Review Authority) of Part 2 (Subdivision Processing) of Chapter 3 (Subdivisions) of Article 9 (Land Use) of the TCC to read as follows (new text underlined; deleted text in strikeout): DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 19 Type of Application Decision Body AppealBody Tentative Maps, including Vesting Planning Commission3 City Council 3 Tentative Parcel Maps for Urban Lot Splits shall be processed and approved ministerially -per Government Code 66411.7 and Section 9329. SECTION 4. Section 9323(c)(2) of Part (Subdivisions) of Article 9 (Land Use) of the (new text underlined): 2 (Subdivision Processing) of Chapter 3 TCC is hereby amended to read as follows Tentative maps shall be considered by the Planning Commission in compliance with 9321.b (Authority for Subdivision Decisions), with a noticed public hearing e, xcept Tentative Parcel Mans for Urban Lot S lits which shall be considered ministerially per Government Code 66411.7 and Section 9329. SECTION 5. Section 9329 is hereby added to Part 2 (Subdivision Processing) of Chapter 3 (Subdivisions) of Article 9 (Land Use) of the TCC to read as follows: 9329 — URBAN LOT SPLITS a) The provisions of this Section apply to the processing of parcel maps for urban lot splits pursuant to California Government Code Section 66411.7 and Chapter 9280 of this Code. b) Approval. Notwithstanding the Subdivision Map Act or any other provision of this Section, an application for a parcel map for an urban lot split is approved or denied ministerially, by the City's Director of the Community Development Department, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the applicable objective requirements of Section 9280 and the Subdivision Map Act. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. c) Guidance and Procedures. The Community Development Director has the authority to interpret and establish guidance and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, which are consistent with state and local law. SECTION 6. 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 the adoption of the Ordinance and cause this Ordinance to be published as required by law. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 20 SECTION 7. CEQA Exemption. This ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA). The Legislature has declared that this ordinance, which implements the provisions of Government Code Sections 65852.21 and 66411.7, is not a project under CEQA or the CEQA Guidelines. SECTION 8. Severability. If any section, sub -section, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this day of , 2022. AUSTIN LUMBARD, Mayor CARRIE WOODWARD, Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1523 CARRIE WOODWARD, Acting 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 1523 was duly passed and adopted at a regular meeting of the Tustin City Council held on the day of , 2022, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: CARRIE WOODWARD, Acting City Clerk Published: DocuSign Envelope ID: F31 D1073-2A1 C-44F6-9616-191 E7AF18364 ATTACHMENT B DRAFT ORDINANCE NO. 1523 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 ORDINANCE NO. 1523 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE CHAPTER 2 (ZONING) AND CHAPTER 3 (SUBDIVISIONS) OF ARTICLE 9 (LAND USE) TO APPROPRIATELY REGULATE QUALIFYING SB 9 TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS WITHIN SINGLE-FAMILY RESIDENTIAL ZONES IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7. 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 16, 2021, the Governor signed into law SB 9 (Atkins), which adds Section 65852.21 to the Government Code to require a ministerial review process for eligible development of up to two principal dwelling units on a parcel in a single-family residential zone and also adds Section 66411.7 to require a ministerial review process for eligible "urban lot splits," to create two new parcels for residential uses in a single-family residential zone. SB 9 became effective on January 1, 2022. B. That a City initiated Code Amendment (CA) 2022-0001 has been prepared to amend Tustin City Code (TCC) Article 9 (Land Use) by adding Section 9280 within Part 7 (General Regulations) of Chapter 2 (Zoning) to regulate qualifying two -unit developments and is amending Chapter 3 (Subdivisions) to allow the ministerial approval for a parcel map for an urban lot split of up to two (2) lots. C. That the proposed amendments comply with California Government Code Section 65852.21 and 66411.7. D. That absent a locally adopted SB 9 Ordinance, the City is required to process any SB 9 development proposal by applying State law as described in Government Code Sections 65852.21 and 66411.7. E. That SB 9 allows local agencies to impose objective zoning, subdivision, and design standards. F. The public has already expressed interest in developing under this new law and it is necessary to have standards in place to protect the public health and safety. G. That on May 24, 2022, a public hearing was duly noticed, called, and held by the Planning Commission on CA 2022-001 relating to code requirements DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 2 applicable to SB 9 two -unit developments and urban lot splits within single- family residential zones. H. That on May 24, 2022, the Planning Commission adopted Resolution No. 4451 and recommended that the City Council adopt Ordinance No. 1523, approving CA 2022-0001. I. That on 2022, a public hearing was duly noticed, called, and held on CA 2022-0001 by the City Council. J. That the proposed SB 9 provisions are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. K. That SB 9 development is not applicable to and 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 Historical Resources Survey. 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. SECTION 2. Section 9280 is hereby added to Part 7 (General Regulations) of Chapter 2 (Zoning) of Article 9 (Land Use) of the TCC to read as follows: 9280 — REGULATION OF SB 9 TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS A. Purpose, Applicability, Definitions, Interpretation. 1. Purpose. The purpose of this Section is to appropriately regulate qualifying SB 9 two -unit residential developments and urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7. 2. Applicability. The standards and limitations set forth in this Section shall apply to urban lot splits and the development and use of SB 9 two -unit residential developments within a single-family residential zone in the City, DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 3 notwithstanding any other conflicting provisions of this code. In the event of a conflict between the provisions of this Section and any other provision of this code, the provisions of this Section shall prevail. 3. Definitions. As used in this Section, the following terms shall have the following meanings: "ADU" and "JADU" shall have the meanings ascribed to these terms in Section 9297. "Director" means the Community Development Department Director or their designee. "Flag Lot" means a lot, the major portion of which has access to a road or street by means of a narrow strip of land called a "staff." "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1 (a)(1 1)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15). "New primary dwelling unit" means either a new, additional dwelling unit that is created or an existing dwelling unit that is expanded, but does not include an ADU or a JADU. "Single-family residential zone" shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes the R1 (Single -Family Residential District), E4 (Residential Estate District), and RA (Residential Agricultural) zoning districts and any property within a Specific Plan area or PC District (Planned Community District) area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiple -family dwelling is not a permitted or conditionally permitted use. "SB 9 two -unit residential development" shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this Section. A housing development contains two residential units if the development proposes no more than two (2) new units or if it proposes to add one (1) new unit to one (1) existing primary unit. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 4 "Urban lot split" shall mean the ministerial review of a tentative parcel map and the subsequent final parcel map to subdivide one (1) lot into two (2) lots within a single-family residential zone pursuant to California Government Code Section 66411.7. 4. Interpretation. The provisions of this Section shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The City shall not apply any requirement or development standard provided for in this Section to the extent prohibited by any provision of State law. B. Permit Application and Review Procedures 1. Application. An applicant for an SB 9 two -unit residential development or an urban lot split shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees. 2. Review. Consistent with State law, the Director will consider and approve or disapprove a complete application for an SB 9 two -unit residential development or an urban lot split ministerially, without discretionary review or public hearing. 3. Nonconforming Conditions. An SB 9 two -unit residential development may only be approved if all nonconforming zoning conditions are corrected. Any non- conforming conditions shall be corrected in conjunction with an application for an SB 9 two -unit residential development application. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split. 4. Effectiveness of Approval. The ministerial approval of an SB 9 two -unit residential development or a parcel map for an urban lot split does not take effect until the City has confirmed that all required documents have been recorded. 5. Hold Harmless. Approval of an SB 9 two -unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the City, its officers, agents, employees and/or consultants from all claims and damages (including attorney's fees) related to the approval and its subject matter. 6. Specific, Adverse Impacts. Notwithstanding anything else in this Section, the Director may deny an application for an SB 9 two -unit residential development or a parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 5 a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. C. Qualifying Requirements A proposed SB 9 two -unit residential development or urban lot split shall meet all of the following requirements in order to qualify for ministerial review pursuant to the provisions of this Section. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is met. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statements, including, but not limited to, interviewing prior owners and occupants of the subject property, interviewing owners and occupants of nearby properties, and reviewing tax records, and may require additional evidence necessary to support the sworn statements, as determined by the Director in their reasonable discretion. 1. The subject property shall be located within a single-family residential zone as defined in Section 9280(A)(3). 2. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4. 3. The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a City landmark or historic property pursuant to a City ordinance and/or the City of Tustin Historical Resources Survey. 4. The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 5. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 6 6. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three (3) years. 7. If any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three (3) years, the proposed development shall not involve the demolition of more than 25 percent of the existing exterior structural walls of any housing unit on the lot. 8. The subject property shall be owned solely by one or more individual property owners. 9. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split. 10. In the case of an urban lot split, the lot proposed to be subdivided ("subject lot") is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot. 11. No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property. D. Permitted Locations A lot on which an urban lot split or SB 9 two -unit residential development is proposed shall be located within a Single-family residential zone. A lot located within a multiple -family or mixed-use zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two -unit residential development pursuant to this Section. E. Number of Dwelling Units Permitted on a Lot 1. Notwithstanding any other provisions of this Code, State law requires the City to permit a lot located within a single-family residential zone to contain two (2) primary dwelling units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this Section. 2. Provided the lot is not subdivided or created through an urban lot split, development of two (2) primary dwelling units on a lot through an SB 9 two -unit residential development in conformance with this Section does not preclude the development or maintenance of an ADU and/or JADUs on a lot to the extent permitted by Section 9279 and State law. 3. No more than two (2) dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split, inclusive of ADUs and DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 7 JADUs. For purposes of this subdivision, the two -unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. F. Separate Conveyance 1. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings shall be held equally and undivided by all individual owners of the lot. 2. Separate conveyance of the two (2) lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two (2) lots share a driveway pursuant to Subsection (J)(16)(b), appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two (2) lots ("CC&Rs") for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot shall be recorded before the City will approve a final parcel map for the urban lot split. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this Code. 3. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two - unit residential development. G. Residential Use Only No non-residential use is permitted on any lot created through an urban lot split or containing an SB 9 two -unit residential development. H. No Short -Term Rentals Permitted The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two -unit residential development shall be for a term longer than 30 consecutive days. I. Housing Crisis Act Replacement Housing Obligations If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 8 each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300. J. Development Standards and Design Criteria Development Standards. A qualifying SB 9 two -unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria set forth in this Section. In addition, except as modified or provided by this Section or State law, an SB 9 two -unit residential development and any development on a lot created through an urban lot split shall conform to all objective development standards applicable to the lot as set forth in this Section and/or in an applicable specific plan or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, and/or standard conditions duly promulgated and/or adopted by City and any applicable agencies such as East Orange County Water District, Irvine Ranch Water District, and the Orange County Fire Authority. 2. Unit Size. a) Minimum Size. Each new primary dwelling unit shall be at least the following minimum sizes based on the number of sleeping rooms provided: 1. Studio or One (1) bedroom: 500 square feet. 2. Two (2) or more bedrooms: 700 square feet. b) Maximum Size. 1. The total floor area of each new primary dwelling unit developed as part of an SB 9 two -unit residential development or on a lot created through an urban lot split shall not exceed 800 square feet. 2. A primary dwelling that was legally established on the lot prior to the submittal of a complete application for an SB 9 two -unit development or an urban lot split and has a total floor area of 800 square feet or more shall be limited to its current lawful floor area and may not be expanded. 3. A primary dwelling that was legally established prior to the submittal of a complete application for an urban lot split or an SB 9 two -unit residential development and that is smaller than 800 square feet may be expanded to 800 square feet. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 9 3. Unit Height; Stories. a) New Primary Dwelling Unit(s). Shall comply with the height limits set forth in the respective zoning district. b) New garages and accessory structures, that are attached or detached, shall comply with the height limits set forth in the respective zoning district. ADU/JADU shall comply with Section 9279. 4. Setbacks. a) New Primary Dwelling Units. The following minimum setbacks from the property lines shall be observed for each new primary dwelling unit and any garages and accessory structures that are attached to a new primary dwelling unit. Detached garages and accessory structures shall comply with the setbacks contained in Subsection (b). The required setbacks shall be maintained open and unobstructed from the ground to the sky, except for the permitted intrusions. 1. Front Setback: 20 feet 2. Interior Side Setback: 4 feet 3. Street Side Setback: 10 feet 4. Rear Setback: 4 feet. b) Detached Garages and Accessory Structures. The following minimum setbacks from the property lines shall be observed for detached garages and accessory structures on a lot. 1. Front Setback: 20 feet 2. Interior Side Setback: 5 feet 3. Street Side Setback: 10 feet 4. Rear Setback: 5 feet. c) Flag Lot —Additional Standards 1. Front Yard. Shall be the side nearest the street frontage upon which the staff portion of the lot fronts. 2. All lot size and setback requirements shall be the same as required for two -unit residential developments, and applicable sections of DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 10 the underlaying zone on which the lot is located. The staff portion of the lot shall not be included to determine setbacks or in computing lot size for zoning and building purposes. d) Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street. e) Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances 1. No increased setback is required for an existing legally established structure or for a new primary dwelling unit that is constructed in the same dimensions as an existing legally established structure, provided that the new primary dwelling unit shall not be greater than 800 square feet. 2. A required minimum setback may be reduced pursuant to Subsection (J)(22)(b) to the degree it would (i) physically preclude the development or maintenance of two (2) dwelling units on a lot or (ii) physically preclude any new primary dwelling unit from being 800 square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line. 3. Permitted Intrusions. Permitted intrusions shall comply with provisions set forth in Subsections 9271(j) and 9271(1). 5. Building Separation. A minimum building separation shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures as may be required by Building Code. 6. Lot Coverage. The maximum lot coverage shall not exceed fifty (50) percent. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios, and covered parking areas. 7. Maximum Front Setback Coverage. The maximum front setback coverage shall comply with the provisions set forth in Section 9267. 8. Open Space. Each new primary dwelling unit shall provide, at a minimum, a continuous private recreation area of 225 square feet with minimum interior dimensions of ten (10) feet. The private recreation area shall be open and unobstructed from the ground to the sky. The private recreation area may be located within the interior side, street side, or rear setback areas. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 11 9. Landscaping. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private recreation areas, shall be fully landscaped and irrigated. 10. Off -Street Parking. a) Required Parking. One (1) off-street parking space shall be provided for each new primary dwelling unit unless one (1) of the following applies: 1. The lot is located within one-half mile walking distance of either (i) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code. 2. The lot is located within one (1) block of a car -share vehicle location. b) Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone. c) Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking. Open parking spaces may be located within the side or rear setbacks, and in the front setback for driveways that are not shared by more than one (1) housing unit. d) All off-street parking space dimensions are subject to the provisions set forth in Section 9266. 11. Unit Design Standards. a) If there is an existing primary dwelling that was legally established on the lot prior to the filing of a complete application for a two -unit development or an urban lot split, any new additional primary dwelling unit shall match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. b) If two (2) new primary dwelling units are developed on the lot, the dwellings shall match with each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. c) All exterior lighting shall comply with Section 9271 hh. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 12 d) Each new primary dwelling unit shall have a main entry that is clearly defined, and to the extent possible, be oriented directly toward the street(s) in order to provide consistency with the neighborhood. The main entry shall be covered, with a minimum depth of three feet. Each covered entry shall be in proportion with the building and shall incorporate architectural features that are used in the overall building design. All doors shall have standard door locks and dead bolts. 12. Storage Facilities. Each new primary dwelling unit shall provide a minimum 144 cubic feet of private secure storage space. Normal closets and cupboard space located within the unit shall not count toward meeting the requirement. 13. Laundry Facilities. Each new primary dwelling unit shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within an enclosed garage, the laundry equipment shall not encroach into the interior garage parking area. 14. Water Heaters. Each new primary dwelling unit shall have a separate hot water. The location of the water heater shall be incorporated into the design of each unit. No exterior water heater enclosures shall be permitted. Water heaters may be substituted with tankless water heaters provided all building codes are complied with. 15. Mechanical Equipment, Metering Devices. All roof and ground mounted mechanical equipment and metering devices shall be completely screened from view from either on or off the property. All ground mounted equipment and above -ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan, and, to the extent possible, be placed outside of the required front setback area. If mechanical equipment or metering devices are to be located between a structure and the property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 13 16. Access and Circulation. a) Each development shall be designed to provide adequate on-site vehicular access, circulation, back-up, and turn -around areas that comply with all the applicable City standards. b) All units on the lot (or all units on both lots created through an urban lot split) shall share the same drive approach and driveway, unless the street frontage of the lot (or the combined street frontage of the two lots created through an urban lot split) is sufficient to allow for multiple driveways meeting the minimum dimensions specified in the Department of Public Works Standard Plans and Design Standards (latest edition). c) Driveways and site access shall comply with the provisions set forth in Section 9267. d) Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles shall be provided. The Orange County Fire Authority shall confirm that all applicable fire and emergency access requirements are met before the City will approve an application. 17. Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and non -recyclable solid waste ("trash containers") as required by Article 4, Chapter 3 of the TCC and shall comply with the following: a) Trash containers shall be stored within designated storage areas only and not within the garage parking area. b) The placement of trash containers for pick-up, and the duration of time prior to and after trash collection of those trash containers, is subject to the Article 4, Chapter 3 requirements. c) The area required for each container shall be a minimum of 38 inches by 38 inches. d) The trash areas shall be paved and accessed by gates and a walkway for ease of taking trash containers to and from the street. 18. Utilities. a) Each primary dwelling unit on a lot shall have its own direct utility connection to the utility/public service provider. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 14 b) All necessary and/or required easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit shall be obtained by the property owner / applicant. The City may condition approval of an application under this Section upon the applicant providing evidence that such easements have been agreed to and/or recorded. c) Submitted plans shall show the location and dimension of all proposed above -ground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements. 19. Building and Safety. All structures built on the lot shall comply with all current local building standards. 20. Drainage and Stormwater Management. Each lot shall detain stormwater on site or treat before draining to an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to City -maintained storm drains within the City right-of-way shall comply with applicable City standards. 21. Address Identification. Each residential unit shall have a separate address and shall be provided with approved address identification that is visible from the street fronting the lot in accordance with Section R319 of the California Residential Code. Where the unit address on the building cannot be viewed from the street fronting the lot, a monument, pole, or other means consistent with City standards shall be used to identify the unit. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. 22. Exceptions to Objective Standards. a) Any objective zoning, subdivision, or design standard that would have the effect of physically precluding the construction of up to two (2) primary residential units on a lot or that would physically preclude each new unit from being 800 square feet in floor area shall be modified or waived to the extent necessary to allow the development of two (2) primary residential units on a lot pursuant to this Section that are each 800 square feet in floor area. The City prioritizes some objective development standards over others, as provided in Subsection (b) below. In applying the exceptions required by this Subsection, a proposed project shall be designed such that DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 15 a development standard given a lower priority is modified or waived before a development standard given a higher priority. If a proposed project can be designed such that each lot can accommodate two (2) 800 square foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied. b) Priority of Development Standards. The City prioritizes the following development standards in the following descending order of priority, with the first development standard listed having the highest priority: 1. Lot Size. 2. Lot Width. 3. Height; Stories. 4. Front setback. 5. Maximum front setback coverage (50%). 6. Open space (225 square feet). 7. Minimum unit size. 8. Lot coverage (50%). c) This Subsection shall not be interpreted to permit the construction of new garages or accessory structures, or the maintenance of existing accessory structures not providing required parking, where the development or maintenance of two (2) 800 square foot dwelling units on the lot would not be physically precluded in the absence of such proposed or existing structures. d) Building standards, standards required by federal, state or local law or for sanitation or safety reasons, the off-site parking requirements in Subsection (J)(10), and the lot size, access, and frontage requirements set forth in Subsection (K) will not be waived or modified unless otherwise required by state law. e) As part of its application, the applicant shall provide a written explanation that (a) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (b) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two (2) primary residential DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 16 units on the lot and/or each new unit from being at least 800 square feet in floor area, and (c) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this Subsection. K. Additional Requirements for Urban Lot Splits 1. An urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act and Chapter 3 of Article 9 of the TCC, including implementing requirements in this Code, except as otherwise provided in this Section. Notwithstanding the foregoing, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split. 2. Lot Size. The parcel map for an urban lot split shall subdivide an existing lot to create no more than two (2) new lots, provided that the resulting lot shall be a minimum of 1,200 square feet. One (1) of the resulting lots shall be at least forty (40) percent of the lot area of the original lot proposed for subdivision. 3. Easements. a) The owner shall enter into an easement agreement with each utility / public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. b) Each easement shall be shown on the tentative parcel map and the final parcel map. c) Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved. 4. Lot Access and Width. a) Easements for purposes of pedestrian and/or vehicular access shall be of adequate width and depth to provide continuous and unobstructed access to the public right-of-way. b) No building or construction, except driveways or pedestrian pathways and landscaping, shall be allowed on the easement. c) Each resulting lot shallhave frontage on the public right-of-way of at least twenty-five (25) feet when providing separate driveways and a minimum of twelve (12) feet when sharing a driveway for vehicular access and/or ingress/egress access, whether vehicular or for pedestrian pathways. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 17 5. Improvements Required. Each resulting lot shall be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the City, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the City's approval of such related improvement plans and all related entitlements or other approvals required by this Code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the City in accordance with the applicable requirements of this Code. 6. Required Affidavit. The applicant for a parcel map for an urban lot split shall sign an affidavit provided by the City stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the final parcel map for the urban lot split is approved. L. Compliance with Emergency Access and Service Requirements Development of a lot pursuant to this Section shall comply with provisions set forth in Section 9280(J)(16)(d). M. Deed Restriction Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an SB 9 two -unit residential development, the owner(s) of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and/or acceptable to the Director, and that does each of the following: Expressly requires the rental of any dwelling unit on the property be for a term longer than thirty (30) consecutive days. 2. Expressly prohibits any non-residential use of the lot. 3. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another. 4. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot. 5. Expressly prohibits condominium airspace divisions and common interest developments on the property. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 18 6. States that the property was formed and/or developed pursuant to the provisions of this Section and is therefore subject to the City regulations set forth in this Section, including all applicable limits on dwelling size and development. 7. Expressly prohibits more than two (2) dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split. 8. States (i) that the deed restriction is for the benefit of and is enforceable by the City, (ii) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns, (iii) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) that, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) that the deed restriction may not be modified or terminated without the prior written consent of the Director. N. Fees Development of lots pursuant to this Section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the City. O. Objective Standard Conditions The Director is authorized to promulgate objective standard conditions implementing this Section, which are consistent with this Code and State law, that shall apply to the application and development of two -unit developments and urban lot splits, and to publish such standard conditions on the City's internet website. Applicants shall comply with all standard conditions duly promulgated by the Director and published on the City's internet website. P. Expiration of Approval The approval of an SB 9 two -unit residential development shall become null and void if construction is not commenced within one (1) year of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire. SECTION 3. Section 9321(b), Table 2-1 (Review Authority) of Part 2 (Subdivision Processing) of Chapter 3 (Subdivisions) of Article 9 (Land Use) of the TCC to read as follows (new text underlined; deleted text in strikeout): DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 19 Type of Application Decision Body AppealBody Tentative Maps, including Vesting Planning Commission3 City Council 3 Tentative Parcel Maps for Urban Lot Splits shall be processed and approved ministerially per Government Code 66411.7 and Section 9329. SECTION 4. Section 9323(c)(2) of Part 2 (Subdivision Processing) of Chapter 3 (Subdivisions) of Article 9 (Land Use) of the TCC is hereby amended to read as follows (new text underlined): Tentative maps shall be considered by the Planning Commission in compliance with 9321.b (Authority for Subdivision Decisions), with a noticed public hearing e, xcept Tentative Parcel Maps for Urban Lot Splits, which shall be considered ministerially per Government Code 66411.7 and Section 9329. SECTION 5. Section 9329 is hereby added to Part 2 (Subdivision Processing) of Chapter 3 (Subdivisions) of Article 9 (Land Use) of the TCC to read as follows: 9329 — URBAN LOT SPLITS a) The provisions of this Section apply to the processing of parcel maps for urban lot splits pursuant to California Government Code Section 66411.7 and Chapter 9280 of this Code. b) Approval. Notwithstanding the Subdivision Map Act or any other provision of this Section, an application for a parcel map for an urban lot split is approved or denied ministerially, by the City's Director of the Community Development Department, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the applicable objective requirements of Section 9280 and the Subdivision Map Act. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. C) Guidance and Procedures. The Community Development Director has the authority to interpret and establish guidance and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, which are consistent with state and local law. SECTION 6. 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 the adoption of the Ordinance and cause this Ordinance to be published as required by law. DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Ordinance No. 1523 Page 20 SECTION 7. CEQA Exemption. This ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA). The Legislature has declared that this ordinance, which implements the provisions of Government Code Sections 65852.21 and 66411.7, is not a project under CEQA or the CEQA Guidelines. SECTION 8. Severability. If any section, sub -section, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this day of , 2022. AUSTIN LUMBARD, Mayor CARRIE WOODWARD, Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1523 CARRIE WOODWARD, Acting 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 1523 was duly passed and adopted at a regular meeting of the Tustin City Council held on the day of , 20227 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: CARRIE WOODWARD, Acting City Clerk Published: DocuSign Envelope ID: F31 D1073-2A1 C-44F6-9616-191 E7AF18364 ATTACHMENT C SB 9 MAP DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 TUSTIN �p BUILDING OUR FUTURE HONORING OUR PAST SB: 9 - Potential lyAffededjParcels,% J .W11 0 T�� i I' Exempt Cultural and Historic Districts S139 Applicable Areas/Zones N Ambrose Lane, Planned Community Residential (38 Parcels) Residential Estate District, E4 (272 Parcels) Laurelwood, Planned Community -Residential (522 Parcels) East Tustin Specific Plan, Planned Community -Residential - SP 8 (2,025 Parcels) - Miller Dr/Lucero Way, Planned Community -Residential (61 Parcels) - Peppertree, Planned Community -Residential (354 Parcels) Single Family Residential District (2,250 Parcels) - Tustin Grove, Planned Community -Residential (145 Parcels) - Tustin Meadows, Planned Community -Residential (938 Parcels) SB9 Applicable Parcels 6,605 Parcels Q Tustin City Boundary Please note, that HOAs may elect to allow or prohibit SB 9 developments within their boundaries. HOA boards should consult with your legal counsel on allowing or prohibiting S139 developments within the HOAs CC&Rs. Questions? Please call the Community Development Department at (714) 573-3140 0 X0.5 <All information accurate but not guaranteed. -001- All i I' Exempt Cultural and Historic Districts S139 Applicable Areas/Zones N Ambrose Lane, Planned Community Residential (38 Parcels) Residential Estate District, E4 (272 Parcels) Laurelwood, Planned Community -Residential (522 Parcels) East Tustin Specific Plan, Planned Community -Residential - SP 8 (2,025 Parcels) - Miller Dr/Lucero Way, Planned Community -Residential (61 Parcels) - Peppertree, Planned Community -Residential (354 Parcels) Single Family Residential District (2,250 Parcels) - Tustin Grove, Planned Community -Residential (145 Parcels) - Tustin Meadows, Planned Community -Residential (938 Parcels) SB9 Applicable Parcels 6,605 Parcels Q Tustin City Boundary Please note, that HOAs may elect to allow or prohibit SB 9 developments within their boundaries. HOA boards should consult with your legal counsel on allowing or prohibiting S139 developments within the HOAs CC&Rs. Questions? Please call the Community Development Department at (714) 573-3140 0 X0.5 <All information accurate but not guaranteed. -001- DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 ATTACHMENT D PLANNING COMMISSION MAY 24, 2022 PUBLIC COMMENT (LETTER - CALIFORNIA RENTERS LEGAL ADVOCACY AND EDUCATION FUND) DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Hurtado, Vera From: Dylan Casey <dylan@carlaef.org> Sent: Tuesday, May 24, 2022 11:30 AM To: Planning Commission Cc: Gregory Magoflia; Courtney Welch Subject: Comment on Agenda Item 5 - SB 9 Ordinance Attachments: Tustin SB 9 Letter.pdf Dear Commissioners, Please consider the attached letter as written comment on agenda item 9, the proposed SB 9 implementation ordinance. Sincerely, Dylan Casey Executive Director, California Renters Legal Advocacy and Education Fund www.carlaef.org DocuSign Envelope ID: F31 D1073-2A1 C-44F6-9616-191 E7AF18364 OPWT _ ■ ■ _ ! • 14". "111 May 24, 2022 City of Tustin 300 Centennial Way Tustin, CA 92780 Re: SB 9 Ordinance - Minimum Lot Size and Unit Design Standards Dear Tustin Planning Commission and City Attorney, The California Renters Legal Advocacy and Education Fund (CaRLA) submits this letter to inform the Tustin Planning Commission that they have an obligation to abide by all relevant state housing laws when amending the Tustin Municipal Code pertaining to regulations for the subdivision and development of qualified Senate Bill 9 properties. The California HOME Act (SB 9) mandates local jurisdictions, such as the City of Tustin, to ministerially approve "without discretionary review or a hearing" two residential units within a single-family residential zone and the subdivision of one lot into two in any single -unit dwelling zone that satisfies the applicability requirements outlined in the statute (see, Gov. Code § 65852.21(a)(1)-(6), 66411.7(a)(1)-(3)). Tustin's proposed ordinance is in violation of SB 9. The reasoning behind this level of state intervention in local development policy is clear. To address our state's massive housing shortage, we must find every way we can to create new homes. SB 9 is intended to support the increased supply of homes by encouraging the building of smaller houses on existing or subdivided lots, thereby contributing to the creation of more equitable and inclusive neighborhoods. I. Minimum Lot Size Requirement Tustin's proposed ordinance applies a minimum lot size requirement for existing lots using a subdivision under SB 9. For properties pursuing an urban lot split, SB 9 requires that "both newly created parcels are no smaller than 1,200 square feet" (Section 66411.7(a)(2)(B)). Under SB 9, local agencies may establish a smaller minimum lot size for new lots resulting from subdivisions, but cannot require the new lots to be larger (Section 66411.7(a)(B)). DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 The proposed ordinance states that "the existing lot shall be a minimum of 3,000 square feet" (Sec. 2-928o(K)(2)). Under state law, Tustin cannot enforce this excessive requirement. In accordance with SB 9, Tustin can only require that each resulting lot be at least 1,200 square feet. The existing lot size requirement will preclude the development of SB 9 housing units on all properties smaller than 3,000 square feet that would otherwise be eligible. The result of the proposed ordinance would be to prohibit lot splits where state law requires they must be allowed, on lots between 2,40o and 3,000 square feet. The ordinance should be amended to simply require lots created under an SB 9 lot split be 1,200 square feet, mirroring the state law mandate. II. Development Standards Applied to Ministerial Developments Must be Objective Tustin's proposed ordinance applies development standards specifically to housing developments taking advantage of SB 9. State law does give this authority to local governments, but the authority is subject to certain limitations. First, these development standards cannot physically preclude the development of a duplex with two 800 square foot homes. (Section 65852.21(b)(2)(A)). Second, all of the development standards must qualify as objective standards as defined under the statute. (Section 65852.21(b)(1), (i)(2)). The proposed ordinance requires that SB 9 developments "shall be compatible with the existing primary dwelling unit in exterior materials, color, and dominant roof pitch" (Sec. 2-928o(J)(11)(a)). This is clearly not an objective standard. Both the California Department of Housing and Community Development, and the California courts have ruled against standards involving lesser degrees of personal, subjective judgment than trying to judge architectural style. (See, e.g. (California Renters Legal Advocacy & Education Fund v. City of San Mateo, 68 Cal.APP.5th 820 (2021)). The Planning Commission should remove this requirement from the proposed ordinance. As you are well aware, California remains in the throes of a statewide crisis -level housing shortage, and new housing is a public benefit. By abiding by SB 9, Tustin will bring increased tax revenue, new customers to local businesses, decarbonization in the face of the climate crisis, but most importantly, it will reduce the displacement of existing residents into homelessness or carbon -heavy car commutes. Imposing an affordability requirement on SB 9 units will inhibit Tustin's opportunity to construct badly needed housing. We ask that the Commission amend the ordinance to bring the proposal into compliance with state law, as outlined in this letter. California Renters Legal Advocacy and Education Fund - hi@carlaef.org 36o Grand Ave, #323, Oakland, California 94612 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 CaRLA is a 501(03 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CaRLA at www.carlaef.org. Sincerely, Rr� Dylan Casey Executive Director California Renters Legal Advocacy and Education Fund California Renters Legal Advocacy and Education Fund - hi@carlaef.org 36o Grand Ave, #323, Oakland, California 94612 DocuSign Envelope ID: F31 D1073-2A1 C-44F6-9616-191 E7AF18364 ATTACHMENT E PLANNING COMMISSION MINUTES MAY 24, 2022 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING MAY 24, 2022 7:00 p.m. CALLED TO ORDER. Given. INVOCATION: Pastor Michael Truong, Mariners Church Given. PLEDGE OF ALLEGIANCE: Lisa Chu, Commissioner Present. ROLL CALL: Chair Mello Commissioners Chu, Higuchi, Kozak Absent. Commissioner Mason had an excused absence. None. PUBLIC INPUT: Hurtado confirmed no public input was received. Approved CONSENT CALENDAR: the Consent Calendar, as presented. 1. APPROVAL OF MINUTES — MAY 10, 2022 RECOMMENDATION: That the Planning Commission approve the Minutes of the May 10, 2022 Planning Commission meeting, as provided. Motion. It was moved by Chu, seconded by Higuchi, to approve the Minutes of the May 10, 2022 meeting, as provided. Motion carried: 3-0-2*. Mason had an excused absence. *Mello abstained from the vote due to his absence from the previous meeting. 2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCE FOR MEETINGS In order for the Planning Commission to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the Commission to make specific findings at least every thirty (30) days. RECOMMENDATION: Make the following findings by a majority vote of the Planning Commission: Minutes — Planning Commission May 24, 2022 — Page 1 of 10 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 a. A state of emergency has been proclaimed by California's Governor due to the COVID-19 pandemic, and continues to be in effect; b. The Commission has reconsidered the circumstances of the state of emergency; and c. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19. Motion. It was moved by Higuchi, seconded by Kozak, to approve the Consent Calendar, as presented. Motion carried 4-0-1. Mason had an excused absence. PUBLIC HEARING: Adopted 3. CONDITIONAL USE PERMIT (CUP) 2021-0030 AND DESIGN REVIEW Reso. No. (DR) 2021-0016 4450, as provided. APPLICANT/ Hamid R. Mir, M.D PROPERTY OWNER: Nalsh, LLC 220 Newport Center Drive, #11-282 Newport Beach, CA 92660 LOCATION: 17631 Seventeenth Street ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15332 (Class 32) of the California Environmental Quality Act (CEQA). REQUEST: A request to establish a new development plan for the construction of an 11,323 square foot, two-story medical office building located at 17631 Seventeenth Street. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4450 approving CUP 2021-0030, to authorize construction of a new development plan and DR 2021-0016, for building design and site layout for a new medical office building located at 17631 Seventeenth Street within the Planned Community — Commercial (PC -COM) District. Barragan Presentation given. Barragan Barragan stated City staff received one (1) letter of concern from a neighboring property owner which included: lighting, landscaping, and the trash enclosure location. He stated that the areas of concern will be addressed as follows: light Minutes — Planning Commission May 24, 2022 — Page 2 of 10 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Barragan poles are going to be required to have light shields to direct light away from the residential zones and uses; landscaping will be maintained with certain existing trees along the property (north/east property lines) and new landscaping will add to screening; trash enclosures will not be located near any residential structures, to the east - the trash enclosure will be located closest to the end of cul-de-sac and adjacent to the carports for the condominiums. Chu Chu's questions/comments generally included: whether the Commission is supposed to make a finding that the development or construction of the professional or general office use would be "more compatible" with surrounding uses in the area than retail commercial uses on the subject property; and does the project have to be "more compatible" or "equally compatible? Willkom Willkom's response to Chu's questions generally included: the zoning of the property is designated as Planned Community Commercial, which generally allows retail and office uses; the district regulation indicates that should an office use be proposed on the site, the Commission needs to look at the proposal and via the CUP then make a determination that the office use will be more compatible than a retail use; to assist the Commission, staff looked at the site and the surrounding area; the proposal for a medical office is compatible with the medical building located across Treehaven Lane; considering that the site is an adjacent residential use, medical use would be more compatible in terms of hours of operation as they are typical of an office use versus retail or restaurant use being open late hours; staff also looked at the site design and building siting; the proposal is designed so that the building is away from the residential area and more towards the intersection; ultimately, staff considered the proposal to be more compatible than retail use and thus the recommendation to the Commission; and staff included several findings for the determination which were included in the proposed resolution. Higuchi Higuchi asked if there was ever a grease interceptor on the property previously and asked when the development application was submitted originally. Willkom Per Willkom, there must have been a grease interceptor on the property previously since the site was a restaurant. Staff did not have the information at that moment as to when the development application was submitted. Kozak Kozak toured the project site and he felt it was an appropriate use of that vacant property. He made favorable comments regarding the new landscaping and screening to the east and the north, and was pleased the mature trees on-site will be maintained. Kozak was pleased to find out that there will be light shields to take care of the lighting concern. Mello Mello echoed Kozak's comments regarding the trees (screening). He questioned the photometric plans and asked whether the photometric plan considered the screening provided by the trees. Mello also asked why the need for organic waste recycling on a medical facility. Minutes — Planning Commission May 24, 2022 — Page 3 of 10 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Barragan Per Barragan, the lighting levels shown on photometric plans is without the trees. He explained the organic waste recycling is a State requirement. Also, the organic waste recycling is not related to any biological waste and it is a completely separate process handled inside the building which is governed by Cal/OSHA and Centers for Disease Control and Prevention (CDC). Barragan added that the applicant will enlist a vendor to properly dispose of any biological waste. Higuchi Higuchi asked Barragan for examples of the types of organic waste being disposed of in the outdoor bins. Barragan Barragan explained that the types of organic waste could be any landscaping material, lunch scraps, etc. Again, it is a State requirement that the bins be located on the project site. 7:28 p.m. Mello opened the public hearing and invited public input. Hurtado Hurtado confirmed no public input was received. Mr. Mike Mr. Mike Schaeffer, architect for the project, was present to answer questions of Schaeffer the Commission. Chu Chu asked if the property owner had any other development ideas for the project site, other than the proposed commercial. She asked, being that the project site was formerly a restaurant, why a professional/medical building was being proposed, especially since she understood the owner does not have any other tenants in the building. Chu wanted to understand why the property owner would get rid of a restaurant building in place of a professional/medical building. Mr. Mike Mr. Schaeffer stated that the project is being developed by a physician who has Schaeffer his own practice, which will locate the medical practice in the building as well as other physicians, such as physical therapy, and other modalities associated with that type of medical practice. Mello Mello asked about the types of medicine being practiced inside the building and how much of the building space the applicant would be using. He also asked when work would begin on-site. Mr. Mike Mr. Schaeffer stated that the applicant is an orthopedic surgeon so typically there Schaeffer would be medicines associated with physical therapy or other modalities. He further explained that between the applicant's practice and the procedures he conducts, he will more than likely be using seventy-five (75) percent of the building space, along with the other physicians joining him. Per Mr. Schaeffer, if the project is approved, with the City's approval process, the applicant plans to start work as soon as possible. 7:33 p.m. Mello closed the public hearing. Minutes — Planning Commission May 24, 2022 — Page 4 of 10 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Higuchi Higuchi made favorable comments to the applicant for investing in the City of Tustin. Chu Chu made favorable comments regarding the design of the project and the modern look. She did have some concern with the project site and stated that personally she feels that there could be multiple family buildings and it could be more compatible to the surrounding residential areas due to the current housing crisis. Kozak Kozak added his support to his fellow Commissioners comments and he looks forward to the opening of the new building. Mello Mello understood the housing crisis problem, and stated that the site is not zoned for housing. It is a great project for the proposed parcel, which has been vacant for many years. He was in support of the item and also thanked the applicant for investing in the City of Tustin. Motion. It was moved by Mello, seconded by Higuchi to adopt Resolution No. 4450, as presented. Motion carried 4-0-1. Commissioner Mason had an excused absence. Adopted 4. CODE AMENDMENT 2022-0002 (ORDINANCE NO. 1524) - (CODE Reso. No. STREAMLINING AND IMPROVEMENT PROGRAM) 4452, as presented. SUMMARY: This Project is a City -initiated request to amend Tustin City Code (TCC) Article 3 (Business Regulations), Article 5 (Public Safety) and Article 9 (Land Use). The City's Strategic Plan identifies development streamlining as one of its goals. The proposed Code Amendment also streamlines the entitlement process in order to increase effectiveness and efficiency. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4452, recommending that the City Council adopt Ordinance No. 1524, amending Part 3 of Chapter 6 of Article 3 (Business Regulation), Section 5502 of Chapter 5 of Article 5 (Public Safety) and various sections of Article 9 (Land Use) of the TCC relating to the Code Streamlining and Improvement Program to provide clarity, consistency of terms and definitions, and compliance with State law. Huitron Presentation given. Higuchi Higuchi asked when the Commission would revisit the code amendments and what the limits of amending the codes would be before triggering CEQA (i.e. the Minutes — Planning Commission May 24, 2022 — Page 5 of 10 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Higuchi City's residential zoning code minimum lot size is 10,000 square feet. Could the City amend the code to 5,000 square feet?) Huitron Per Huitron, it takes a lot of staff time to revise the zoning code. Any future clean- up of the zoning code will be brought back to the Commission in either July or August, which will be on focused topics than what was presented that evening. She added that staff would bring back a variation of code amendments, similar to this item, towards the end of the year. Huitron added that at this point, staff is focusing on code amendments that would not trigger CEQA. Hurtado Hurtado confirmed no public input received. 7:47 p.m. Mello opened/closed the public hearing. Higuchi Higuchi thanked staff for hearing his complaints, since he has been a Commissioner, regarding items coming before the Commission (i.e. Casa De Sol and the CUP needed for a mural). He had concern with the amendment in Section 61 of the proposed Resolution No. 4452. It leaves discretion for staff and there is no finality on streamlining. Higuchi thanked Huitron for her work on this great task. Kozak Kozak thanked staff for their hard work and he was in favor of the item and supportive of the action. Chu Chu also echoed Kozak's favorable comments. Mello Mello also echoed his fellow Commissioners for their favorable comments. He was also in support of the recommended action. Motion. It was moved by Kozak, seconded by Chu, to adopt Resolution No. 4452, as presented. Motion carried 4-0-1. Mason had an excused absence. Adopted 5. CODE AMENDMENT 2022-0001 (ORDINANCE NO. 1523) - (SENATE Reso. No. BILL 9 — TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN 4451, as LOT SPLITS) amended. SUMMARY: This project is a City -initiated request to amend Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9 (Land Use) of the Tustin City Code (TCC) to regulate qualifying Senate Bill 9 (SB 9) two -unit residential developments and urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7. Minutes — Planning Commission May 24, 2022 — Page 6 of 10 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4451, recommending that the Tustin City Council adopt Ordinance No. 1523, amending Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9 (Land Use) of the TCC to regulate qualifying SB 9 two -unit residential developments and urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7. Huitron Presentation given. Huitron Since this is a Public Hearing item, Huitron informed the Commission that staff received a phone call from Kenneth Lee that day and the person stated they were in support of SB 9 Ordinance. Staff also received written correspondence from California Renters Legal Advocacy and Education Fund which was provided to the Commission and posted on the City's website that day. Staff reviewed the letter and coordinated with the City Attorney's office and as a result, staff was proposing revisions to the ordinance (Pages 11 and 16 of the ordinance) that was provided in the report, which were also provided to the Commission at the dais. Staff recommended the Commission approve incorporating the revisions in their motion of this item. Higuchi Higuchi referred to the staff report (Page 91 of the meeting packet) with regards to HOA's and SB 9 developments and asked Huitron if it was legal theory or case law and if HCD ruled on it. Higuchi also asked if the City is required to post SB 9 information on the City's website. Daudt Per Daudt, HOAs limitation on SB 9 developments have not been developed through case law, but initially, ADU laws were enacted and were silent as to whether or not HOA's were able to regulate the siting of ADU's. At that point, it was interpreted by HCD that the local CC&R's would still control the HOA's areas and in subsequent years, there were amendments to the ADU laws to make it clear that HOA's are now prohibited from imposing any limitations on ADU's. Daudt added, as the statute exists currently, it is likely that similar amendments were to occur with SB 9 units, but for now the legislation is silent as to whether or not an HOA can prohibit the development of SB 9 units. The HCD has issued guidance acknowledging that an HOA would be able to restrict the siting of SB 9 units within the community. Huitron Per Huitron, due to the many complexities related to SB 9, and although not required by the City, the City's website does contain SB 9 information. Higuchi Higuchi asked for the number of requests the City has received regarding filing a parcel map for SB 9. With the Commission making a recommendation on this item, and if the City Council did not adopt SB 9, what exposure would the City have? Minutes — Planning Commission May 24, 2022 — Page 7 of 10 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Huitron Per Huitron, the City currently has one (1) project under review — a request for an urban lot split and a two -unit development combination located on a corner lot. This particular lot is a good location for a subdivision since the lot is accessible from the side street. Although a two -unit development, it looks like a two-story home. Daudt Daudt explained that if the City does not enact a local ordinance, the default is the State's SB 9. An applicant, by right, would be able to apply for an SB 9 unit following the State's statute. What is included in the proposed ordinance is what the State law provides, but to the extent, the City is able to craft the regulations to meet the local needs in development standards of the City of Tustin. Again, if the City does not move forward with the local ordinance, applicants would simply do what is required of State law (i.e. would not have specified height limitations, front yard setbacks, etc.) which staff incorporated into the proposed ordinance. Mello Mello asked about the HOA's having to amend their CC&R's, per SB 9, and if they would also be able to modify their design guidelines or if it would have to be addressed through their CC&R's. Daudt Daudt stated that it is within the purview of the HOA's and their attorneys to determine how they would like to address SB 9. As of this time, the State recognizes that it is within their purview to determine whether or not they want SB 9 units developed within the community. Mello Mello asked how the City plans on dealing with an applicant wanting to split their lot and if the high-quality transit map provided in the report would be made available on the City's website. Huitron Huitron explained that the City has incorporated into the process, which staff is currently developing alongside the proposed ordinance, a self -certification form for the property owner to attest that they do have the authority to exercise SB 9 developments in their HOA's. Once the high-quality transit map is refined, to ensure the boundaries are properly aligned, staff's goal is to add the map to the SB 9 webpage. Kozak Kozak thanked staff and consultants for developing the proposed ordinance. Chu Chu asked for clarification that the Commission is only making a recommendation to the City Council on the proposed ordinance and that it seemed that not too many people were interested in taking advantage of SB 9, per Huitron's comment made earlier on there only be one (1) application currently for a lot split. She stated interest may increase with SB 9 if the Commission forwards the item to the City Council. 8.18 p.m. Mello opened the public hearing. Mr. Neil Mr. Neil Sherman, HOA member for Tustin Meadows, commented on his Sherman concern with the lot splitting process through his CC&R's. Currently, the process Minutes — Planning Commission May 24, 2022 — Page 8 of 10 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 Mr. Neil takes approximately sixty (60) days. He recommended the lot splitting process Sherman go through an architectural control committee who could provide the review capability almost immediately. This would allow the HOA to allow lot splitting or else lot splitting would not be allowed in Tustin Meadows. Ms. Cecilia Ms. Cecilia DeHeras, general manager for Tustin Meadows, commented on the DeHeras following, in general: she received a recommendation from the Tustin Meadows attorney regarding SB 9 being silent on the issue pertaining to any provisions that supersedes any HOA or CID governing documents; and, she recommended that the Commission include in the ordinance that the ordinance does not supersede any of the CC&R's, which would allow Tustin Meadows the time to update their CC&R's with any upcoming laws or senate bills. 8.25 p.m. Mello closed the public hearing. Higuchi Higuchi's final comments generally included: Referenced how State laws and how the SB 9 Bill will affect the City of Tustin. Although the Commission is making a recommendation to the City Council, by adopting the proposed ordinance, the Commission's recommended action acknowledges controlling the destiny within the City. Higuchi referred back to Daudt's explanation of adopting or not adopting the proposed ordinance. His recommendation was to state on the City's website that the law is silent on the HOA's and that the City is currently defaulting to CC&R's until further interpretation is received from HCD. Chu Chu asked what the Commission's legal obligation would be when adopting the proposed ordinance. Huitron Per Huitron, the proposed ordinance is designed for the City to be in compliance with SB 9 and in addition, there are some additional examples of standards mentioned previously (i.e. height and front yard setbacks) that the City of Tustin's current Ordinance addresses and limits. Huitron further explained that if the proposed ordinance were to be forwarded to the City Council, then adopted, the ordinance would ultimately go into effect and the City's obligation would be to follow the adopted Code. If the Commission did not recommend the proposed ordinance be forwarded to the City Council, then the City would still be obligated to implement SB 9 but refer to the language in the Government Code sections. Huitron referred to the SB 9 (Table 1), which was included in the staff report. Kozak Kozak's final comments generally included the Commission's task with SB 9 legislation and moving the item forward to the City Council. He was in support of the recommended action. Mello Mello's final comments generally included the State taking away local control, but none -the -less, he was in support of the City having more control than less control. Motion. It was moved by Higuchi, seconded by Chu, to adopt Resolution No. 4451, as amended. Motion carried 4-0-1. Mason had an excused absence. Minutes — Planning Commission May 24, 2022 — Page 9 of 10 DocuSign Envelope ID: F31 D1073 -2A1 C -44F6-9616-191 E7AF18364 None. REGULAR BUSINESS. STAFF CONCERNS: Willkom Willkom thanked staff and Daudt for all of their hard work on the items. On May 3, 2022, the City entered into an Exclusive Negotiating Agreement with Avalon Bay for the development of 1,200 multi -family units at the Tustin Legacy of which 302 of those units will be set aside for affordable housing. This item will be brought to the Commission at a later date. COMMISSION CONCERNS: Chu Chu had no concerns. She thanked staff again for the presentations. Higuchi Higuchi thanked staff for the presentations and hard work. The City's Chili Cook - Off will be on June 5, 2022. Kozak Kozak echoed his fellow Commissioners favorable comments. On May 12, 2022, he was re -appointed to the OCTA Citizens Advisory Commission and on May 20, 2022 he attended his granddaughter's high school graduation in Temecula. Mello Mello thanked staff for the presentations. 8.38 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, June 14, 2022. DocuSigned by: Cri. 00U_4. ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary EDocuSigned by: 6ASBF005E13A455... DAVID J. MELLO, JR. Chairperson Minutes — Planning Commission May 24, 2022 — Page 10 of 10