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Home My WebLink About03 PC REPORT ORDINANCE UPDATE ADU_JADU DocuSign Envelope ID:6C992632-4EDC-413130-9A96-64D71 DB3008A REPORTA ENDAG ITEM 93 MEETING DATE: APRIL 25, 2023 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 2023-0003 (ORDINANCE NO. 1535) — (DENSITY BONUS ORDINANCE AND ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS ORDINANCE UPDATES) SUMMARY Code Amendment (CA) 2023-0003 is a City-initiated request to amend Chapter 1 (Incentives for the Development of Affordable Housing) of Article 9 (Land Use) to bring the Tustin City Code (TCC) into conformance with current State Density Bonus Law (Government Code Section 65915-65918). The State Density Bonus Law provides developers with tools to encourage the development of affordable housing by providing additional density above and beyond the Zoning and General Plan density. State Density Bonus Law also provides developers with incentives intended to help make the development of affordable housing economically feasible. CA 2023-0003 also amends TCC Sections 9279 and 9297 relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with newly amended State Law, such as Assembly Bills (AB) 2221 and 897 and Senate Bill (SB) 887, and to ensure they are in compliance with the City's 2021-2029 Housing Element, as directed by AB 671 (2019). RECOMMENDATION That the Planning Commission adopt Resolution No. 4469, recommending that the City Council adopt Ordinance No. 1535, amending TCC Sections 9112 and 9121(a), adding TCC Section 9126 relating to incentives for the development of affordable housing, and amending TCC Sections 9279 and 9297 relating to ADUs and JADUs. APPROVAL AUTHORITY TCC Section 9295f authorizes the Planning Commission to make a recommendation to the City Council on a proposed Code Amendment. Such an amendment may be initiated by DocuSign Envelope ID:6C992632-4EDC-413130-9A96-64D71 DB3008A Planning Commission Staff Report Code Amendment 2023-0003 April 25, 2023 Page 2 the City in accordance with TCC Section 9295. If approved, the Ordinance would go into effect thirty (30) days following adoption by the Tustin City Council. BACKGROUND Density Bonus State Law California Government Code Sections 65915 through 65918 pertain to density bonuses and other incentives. These sections require cities and counties to grant density bonuses to developers who seek and agree to construct a housing development that will contain: specified percentage of housing units set aside to very low-, low-, or moderate-income households; senior housing; housing for transitional foster youth, disabled veterans, homeless persons; or lower income students. Cities and counties must comply with all requirements for density bonuses and must grant the amount of density bonus or incentives/concessions for which developers may be eligible. The TCC was most recently updated in October of 2022 with the adoption of Ordinance No. 1528. However, during its 2021-2022 Regular Session, the State Legislature approved two (2) bills modifying the State Density Bonus Law, AB 1551 and AB 682 (collectively, the "2022 Revisions to the State Density Bonus Law") that became effective in January 2023. The proposed CA 2023-0003 would bring the TCC into compliance with current State Law. ADU/JADU State Law The 2020 State ADU Law expanded the types of properties upon which ADUs are allowed, requiring the City to permit ADUs on all zones that allow single-family and multi- family dwellings. ADU State Law also supersedes the current development standards in the TCC such as lot coverage, side yard setbacks, and parking under certain instances. During its 2021-2022 Regular Session, the State Legislature approved two (2) bills modifying the State ADU Law, SB 897 and AB 2221 (Collectively, the "2022 Revisions to the State ADU Law"). The ADU/JADU section of the TCC was most recently updated in December of 2021 with the adoption of City Council Ordinance No. 1517. The proposed CA 2023-0003 would bring the TCC into compliance with current State Law. DISCUSSION Code Amendment 2023-0003 The proposed Code Amendment updates Chapter 1 (Incentives for the Development of Affordable Housing) and Chapter 2 (Zoning) of Article 9 (Land Use) to bring the TCC into conformance with recent changes in State Density Bonus and ADUs related to State Laws. The Code Amendment is also consistent with AB 671 (2019), which directs local jurisdictions to incentivize and promote the creation of ADUs that can be offered at an affordable rent and the City's 2021-2029 Housing Element, certified by the Department of Housing and Community Development (HCD) in October 2022, including Programs 1 .1(h) and 1 .7(b)which commit to streamlining reviews for projects that expand affordable housing options. DocuSign Envelope ID:6C992632-4EDC-413130-9A96-64D71 DB3008A Planning Commission Staff Report Code Amendment 2023-0003 April 25, 2023 Page 3 The following is a summary of the State Density Bonus and ADU Laws that would be addressed by the proposed Code Amendment: • AB 1551 reinstates and extends a provision of the Density Bonus Law allowing cities to grant specified development bonuses to commercial developments that agree to also provide affordable housing in conjunction with the commercial project. This provision, which is set forth in Government Code Section 65915.7, expired on January 1 , 2022. AB 1551 reinstates Section 65915.7 in the exact same form and extends it through January 1 , 2028. • AB 682 amends the Density Bonus Law (Government Code Section 65915) to extend its benefits to shared/co-living housing developments with common kitchens and dining areas. Specifically, the bill entitles the developer of a residential or mixed-use structure containing five (5) or more shared housing units designated for permanent residence and one (1) or more common kitchens and dining areas to the same density bonus, incentives, concessions, and parking reductions as other types of developments, in exchange for restricting the corresponding percentage of shared housing units for lower-income households. The bill also prevents cities from imposing minimum unit size or minimum bedroom requirements on such developments. Individual shared housing units must be at least seventy (70) square feet in size, including a bathroom, sink, refrigerator, and microwave, and be used for permanent residence of more than thirty (30) days. • SB 897 makes numerous changes to the existing law that limits local regulation of ADUs and JADUs. These changes include, but are not limited to, the following: o The bill adjusts the minimum ADU height limit that a city may impose to allow attached ADUs up to twenty-five (25) feet and certain detached ADUs up to eighteen (18) feet. o The bill clarifies that only objective development standards may be imposed on ADUs. o The bill expressly prohibits cities from imposing, by ordinance, a zoning clearance or separate zoning review process for ADUs. o The bill provides that the construction of an ADU does not trigger the requirement that fire sprinklers be installed in the primary dwelling. o The bill prohibits cities from denying or conditioning an application to create an ADU of a JADU due to the correction of non-conforming zoning conditions, building code violations, or unpermitted structures on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU. o The bill prohibits cities from denying a permit for an unpermitted ADU built before 2018 that violates building standards unless correction of the violations are necessary to protect the health and safety of the public or occupants of the structure. DocuSign Envelope ID:6C992632-4EDC-4BB0-9A96-64D71 DB3008A Planning Commission Staff Report Code Amendment 2023-0003 April 25, 2023 Page 4 • AB 2221 makes several changes to the existing law that limits local regulation of ADUs and JADUs in order to clarify certain provisions, ease development restrictions, and facilitate more timely permitting of ADUs and JADUs. These changes include, but are not limited to, the following: o The bill requires cities to allow an ADU to encroach into the front setback if needed to permit the development of at least an 800-square-foot ADU on the lot. o The bill clarifies that an ADU may be attached to or located within a detached garage. The bill replaces the current requirement for the local agency to "act on" an application within sixty (60) days with a requirement that each permitting agency either approve or deny the application within sixty (60) days. The bill also clarifies that this sixty (60)-day review "shot clock" applies to water, sewer, and other utilities and all internal city departments that are involved in the review of an application for an ADU or JADU permit or "to serve" an ADU or JADU. o The bill also adds a new requirement that every permitting agency that denies an application to create or serve an ADU or JADU provide a full set of written comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. o The bill clarifies that local ADU ordinances do not supersede state ADU laws. • The proposed Code Amendment would add TCC Section 9279(3)(c) to incentivize and promote the creation of ADUs in accordance with AB 671 (2019). AB 671 mandates local jurisdictions to incentivize the construction of affordable ADUs without any specific direction or parameters as to how that should be accomplished (Government Code Section 65583(c)(7)). The new TCC Section 9279(3)(c) would be limited to new units within the Tustin Legacy Specific Plan area subject to meeting certain criteria. TCC Section 9279(3)(c) would allow one (1) ADU per dwelling unit subject to meeting certain criteria, including, but not limited to, being located within one-half mile of Tustin Metrolink commuter rail station; when rented, limited to lower income households for a minimum period of fifty-five (55) years guaranteed through recordation of a deed restriction; and located within a proposed dwelling excluding attached or detached garages, storage areas or similar uses, or an accessory structure. This new code section also implements the City of Tustin 2021-2029 Housing Element, Programs 1 .1(h) and 1 .7(b) which commit to streamlining reviews for projects that expand affordable housing options. Consistency with the Tustin's Housing Element of the General Plan The proposed CA 2023-0003 is consistent with the City's Housing Element of the General Plan in that it complies with the following goals and policies: Housing Element Goal 1: Provision of an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all DocuSign Envelope ID:6C992632-4EDC-413130-9A96-64D71 DB3008A Planning Commission Staff Report Code Amendment 2023-0003 April 25, 2023 Page 5 community residents commensurate with the City's identified housing needs in the RHNA allocation. Policy 1.3: Regulatory Incentives — Support the use of regulatory incentives, such as density bonuses and deferment of impact fees, to offset the costs of affordable housing while ensuring that potential impacts are addressed. Policy 1.4: Development Streamlining - Initiate development permit and zoning code streamlining strategies to encourage and expedite residential development (i.e. accessory dwelling units, affordable housing units, and investments in existing buildings) to reduce and eliminate regulatory barriers Housing Element Goal 2: Promote fair housing opportunities for all people regardless of their special characteristics as protected under State and Federal Fair Housing Laws. Policy 2.3: Housing Options - Promote the dispersion and integration of housing for low- and very-low income families throughout the community. PUBLIC NOTICE A one-eighth (1/8) page public notice was published in the Tustin News on April 20, 2023, informing the public of the Planning Commission public hearing for proposed CA 2023- 0003. In addition, the public notice was posted at Tustin City Hall, the Tustin Library, and the Tustin Area Senior Center. ENVIRONMENTAL ANALYSIS The proposed CA 2023-0003 is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. The State Density Bonus Law contains mandatory provisions that the City must implement, whether or not it adopts its own ordinance, therefore this Ordinance does not create a new land use. Additionally, pursuant to Section 21080.17 of the California Public Resources Code, CEQA does not apply to the adoption of an ordinance by a city to implement the provisions of the State ADU Law. CONCLUSION The proposed CA 2023-0003 would be consistent with the City's General Plan; therefore, Staff recommends that the Planning Commission adopt Resolution No. 4469, recommending that the Tustin City Council adopt Ordinance No. 1535, amending TCC Sections 9112 and 9121(a), and adding TCC Section 9126 relating to incentives for the development of affordable housing, and amending TCC Sections 9279 and 9297 relating to ADUs and JADUs. DocuSign Envelope ID:6C992632-4EDC-4BB0-9A96-64D71 DB3008A Planning Commission Staff Report Code Amendment 2023-0003 April 25, 2023 Page 6 DocuSigned by: DocuSigned by: 1 5�.IA1588F82047F.. � � �. 0"-04W . ED45DA2623B54A5... Irma Huitron Justina L. Willkom Assistant Community Development Community Development Director Director- Planning Attachment: A. PC Resolution No. 4469 • Exhibit A— Draft Ordinance No. 1535 Attachment A Planning Resolution No. 4469 • Exhibit A - Draft Ordinance No. 1535 RESOLUTION NO. 4469 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1535, AMENDING TUSTIN CITY CODE SECTIONS 9112 AND 9121(a), ADDING TCC SECTION 9126 RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND AMENDING TCC SECTIONS 9279 AND 9297 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (CODE AMENDMENT 2023-0003) The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That the State Density Bonus Law (Government Code Sections 65915- 65918) requires local agencies to grant a density bonus and other development incentives, concessions, and waivers, when affordable housing units are provided in connection with a development project. B. That Chapter 1 of Article 9 of the Tustin City Code (TCC), which contains provisions for density bonus and development incentives, concessions, and waivers for affordable housing, was last updated in October of 2022 with the adoption of City Council Ordinance No. 1528. C. That during its 2021-2022 Regular Session, the State Legislature approved two (2) bills modifying the State Density Bonus Law, Assembly Bill (AB) 1551 and Assembly Bill (AB) 682 (Collectively, the "2022 Revisions to the State Density Bonus Law"). D. That an "accessory dwelling unit" or "ADU" is an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. An ADU includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. E. That a "junior accessory dwelling unit" or "JADU" is a small residential dwelling unit contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the single-family residence. PC Resolution No.4469 April 25, 2023 Page 2 F. That the State ADU Law (Government Code Sections 65852.2 and 65852.22) provides for the streamlined ministerial approval of ADUs in zones that allow single-family and multifamily uses. G. That AB 671 (2019) directs local jurisdictions to incentivize and promote the creation of ADUs that can be offered at an affordable rent. H. That Section 9297 of Chapter 2 of Article 9 of the TCC, which provides for the development of ADUs and JADUs in a manner consistent with State Law, was last updated in December of 2021 with the adoption of City Council Ordinance No. 1517. I. That in July 2022, the California Department of Housing and Community Development (HCD) issued an updated ADU Handbook, providing guidance on implementation of the State ADU Law. J. That the City's 2021-2029 Housing Element, certified by HCD in October 2022, includes Programs 1 .1(h) and 1 .7(b) which commit to streamlining reviews for projects that expand affordable housing options. K. That during its 2021-2022 Regular Session, the State Legislature approved two (2) bills modifying the State ADU Law, Senate Bill 897 and AB 2221 (Collectively, the "2022 Revisions to the State ADU Law"). L. That the 2022 Revisions to the State Density Bonus Law require an amendment of Chapter 1 of Article 9 of the TCC relating to incentives for the development of affordable housing, including TCC Sections 9112, 9121(a), and 9126. M. That the 2022 Revisions to the State ADU Law require an amendment of Sections 9279 and 9297 of Chapter 2 of Article 9 of the TCC relating to ADUs and JADUs. N. That CA 2023-0003 updates Chapters 1 and 2 of Article 9 of the TCC to comply with the State Density Bonus Law and the State ADU Law and to incentivize and promote the creation of ADUs that can be offered at an affordable rent in accordance with AB 671 . O. That on April 25, 2023, a public hearing was duly noticed, called, and held by the Planning Commission on CA 2023-0003. P. That CA 2023-0003 is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, PC Resolution No.4469 April 25, 2023 Page 3 Chapter 3, Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. The State Density Bonus Law contains mandatory provisions that the City must implement, whether or not it adopts its own ordinance, therefore this Ordinance does not create a new land use. Additionally, pursuant to Section 21080.17 of the California Public Resources Code, CEQA does not apply to the adoption of an ordinance by a city to implement the provisions of the State ADU Law. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1535, amending TCC Sections 9112 and 9121(a), and adding TCC Section 9126 relating to incentives for the development of affordable housing, and amending TCC Sections 9279 and 9297 relating to ADUs and JADUs (CA 2023-0003), attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 25th day of April, 2023. STEVE KOZAK Chairperson JUSTINA L. WILLKOM Planning Commission Secretary PC Resolution No.4469 April 25, 2023 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4469 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of April, 2023. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary ORDINANCE NO. 1535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE (TCC) SECTIONS 9112 AND 9121(a), AND ADDING TCC SECTION 9126 RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND AMENDING TCC SECTIONS 9279 AND 9297 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (CODE AMENDMENT 2023-0003) 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 the State Density Bonus Law (Government Code Sections 65915-65918) requires local agencies to grant a density bonus and other development incentives, concessions, and waivers, when affordable housing units are provided in connection with a development project. B. That Chapter 1 of Article 9 of the Tustin City Code (TCC), which contains provisions for density bonus and development incentives, concessions, and waivers for affordable housing, was last updated in October of 2022 with the adoption of City Council Ordinance No. 1528. C. That during its 2021-2022 Regular Session, the State Legislature approved two (2) bills modifying the State Density Bonus Law, Assembly Bill (AB) 1551 and Assembly Bill (AB) 682 (Collectively, the "2022 Revisions to the State Density Bonus Law"). D. That an "accessory dwelling unit" or "ADU" is an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. An ADU includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. E. That a "junior accessory dwelling unit" or "JADU" is a small residential dwelling unit contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the single- family residence. F. That the State ADU Law (Government Code Sections 65852.2 and 65852.22) provides for the streamlined ministerial approval of ADUs in zones that allow single-family and multi-family uses. 1763781.1 Ordinance No. 1535 Page 2 G. That AB 671 (2019) directs local jurisdictions to incentivize and promote the creation of ADUs that can be offered at an affordable rent. H. That Section 9297 of Chapter 2 of Article 9 of the TCC, which provides for the development of ADUs and JADUs in a manner consistent with State Law, was last updated in December of 2021 with the adoption of City Council Ordinance No. 1517. I. That in July 2022, the California Department of Housing and Community Development (HCD) issued an updated Accessory Dwelling Unit Handbook, providing guidance on implementation of the State ADU Law. J. That during its 2021-2022 Regular Session, the State Legislature approved two (2) bills modifying the State ADU Law, Senate Bill 897 and Assembly Bill 2221 (Collectively, the "2022 Revisions to the State ADU Law"). K. That the 2022 Revisions to the State Density Bonus Law require an amendment of Chapter 1 of Article 9 of the TCC relating to incentives for the development of affordable housing. L. That the 2022 Revisions to the State ADU Law require an amendment of Section 9297 of Chapter 2 of Article 9 of the TCC relating to ADUs and JADUs. M. That Code Amendment (CA) 2023-0003 updates existing TCC provisions to comply with the State Density Bonus Law and the State ADU Law and to incentivize and promote the creation of ADUs that can be offered at an affordable rent in accordance with AB 671 . N. That on April 25, 2023, the Planning Commission adopted Resolution No. 4469, and recommended that the City Council adopt Ordinance No. 1535, approving CA 2023-0003. O. That on ,2023, a public hearing was duly noticed, called, and held by the City Council on CA 2023-0003. SECTION 2. Section 9112 (Definitions) of Chapter 1 of Article 9 of the TCC is hereby amended by adding new definitions for "shared housing building" and "shared housing unit" to read as follows: "Shared housing building" means a residential or mixed-use structure, with five (5) or more shared housing units and one (1) or more common kitchens and dining areas designed for permanent residence of more than thirty (30) days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than twenty-five (25) percent of the floor area 1763781.1 Ordinance No. 1535 Page 3 of the shared housing building. A shared housing building may include 100 percent shared housing units. "Shared housing unit" means one (1) or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code. SECTION 3. Subsection (a) of Section 9121 (Implementation) of Chapter 1 of Article 9 of the TCC is hereby amended to read as follows (new text underlined): (a) The City shall grant one (1) density bonus, the amount of which shall be as specified in Section 9122, concession(s) or incentive(s), as described in Section 9123, waivers or reductions of development standards, as described in Section 9124, and parking ratios, as described in Section 9132 when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Chapter, that will contain at least any one (1) of the following: (1) Housing for Lower Income Households. Ten (10) percent of the total units of the housing development, including a shared housing building development, as targeted units affordable to lower income households; or (2) Housing for Very Low-Income Households. Five (5) percent of the total units of the housing development, including a shared housing building development, as targeted units affordable to very low-income households; or (3) Senior Citizen Housing Development or Mobile Home Park. Senior citizen housing development or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subsection, "development" includes a shared housing building development; or (4) Housing for Moderate-Income Households. Ten (10) percent of the total units of a housing development are sold to persons and families of moderate income, provided that all units in the development are offered to the public for purchase; or (5) Housing for Transitional Foster Youth, Disabled Veterans, Homeless Persons. Ten (10) percent of the total units of a housing development for transitional foster youth as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this 1763781.1 Ordinance No. 1535 Page 4 subparagraph shall be subject to a recorded affordability restriction of fifty- five (55) years and shall be provided at the same affordability level as very low-income units; or (6) Student Housing. Twenty (20) percent of the total units of the housing development for lower income students in a student housing development that meets the following requirements: (i) All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full-time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the City that the developer has entered into an operating agreement or master lease with one (1) or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development. (ii) The applicable twenty (20) percent units will be used for lower-income students. (iii) The rent provided in the applicable units of the development for lower income students shall be calculated at thirty (30) percent of sixty (65) percent of the area median income for a single-room occupancy unit type. (iii) The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subparagraph. For purposes of calculating a density bonus granted pursuant to this Subsection 6, the term "unit" means one (1) rental bed and its pro rata share of associated common area facilities. The units described in this subsection shall be subject to a recorded affordability restriction of fifty-five (55) years. (7) One hundred (100) percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower-income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to twenty (20) percent of the units in the 1763781.1 Ordinance No. 1535 Page 5 development, including total units and density bonus units, may be for moderate-income households. For purposes of this subsection, "development" includes a shared housing building development. (8) For purposes of calculating the amount of the density bonus pursuant to Section 9121 , the applicant who requests the density bonus pursuant to this subsection shall elect whether the bonus shall be awarded on the basis of subparagraph (1), (2), (3), (4), (5), (6) or (7) of this subsection. (9) For the purposes of this section, "total units" or "total dwelling units" excludes units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus but includes Voluntary Workforce Housing Incentive Program units pursuant to Chapter 9B. (10) For purposes of calculating a density bonus granted pursuant to this Section 9121 for a shared housing building, "unit" means one (1) shared housing unit and its pro rata share of associated common area facilities. SECTION 4. New Section 9126 (Commercial Development Bonus) is hereby added to Chapter 1 of Article 9 of the TCC to read as follows (new text underlined): 9126 - COMMERCIAL DEVELOPMENT BONUS (a) An applicant for a commercial development shall be entitled to incentives mutually agreed upon by the applicant and the City when such developer has entered into an agreement for partnered housing to contribute affordable housing in accordance with the provisions of Government Code Section 65915.7 for as long as such section remains in effect. (b) The partnered housing agreement shall include all of the following provisions: (1) The housing development shall be located either on the site of the commercial development or on a site within the City that is within one-half mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers. (2) At least thirty (30) percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low- income households, or at least fifteen (15) percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very low-income households. (3) The commercial developer must agree either to directly build the target units; donate a site consistent with subsection (b)(1) of this section for the target units; or make a cash payment to the housing developer for the target units. 1763781.1 Ordinance No. 1535 Page 6 (c) If the developer of the affordable units does not start construction in accordance with the timelines set forth in the partnered housing agreement, the City shall withhold certificates of occupancy for the commercial development until the affordable units are completed. (d) Any approved partnered housing agreement shall be described in the City's housing element annual report as required by Government Code Section 65915.7(k). SECTION 5. Section 9279 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended and restated in its entirety to read as follows (new text underlined, deletions in 6;+r;Lo+hrr.i . h): 9279 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS A. Purpose. The purpose of this Section is to provide for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with State Law. B. Conforming ADUs. An ADU that conforms to this Section shall: 1 . Be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located; 2. Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and 3. Not be considered in the application of any local ordinance, policy, or program to limit residential growth. C. Locations Permitted. 1 . Permitted ADU Locations. ADUs conforming to the provisions of this Section may be located on any lot in the City zoned to allow single-family and multi-family residential dwellings and that includes a proposed or existing single-family or multi-family dwelling. 2. Permitted JADU Locations. JADUs conforming to the provisions of this Section may be located within a proposed or existing single-family dwelling on any lot in the City that is zoned to allow single-family residential uses. 1763781.1 Ordinance No. 1535 Page 7 D. ADU Requirements. 1 . Legal Lot/Residence/Dwelling. An ADU shall only be allowed on a lot that contains a proposed or legally developed existing single-family residence or multi-family dwelling. 2. An ADU o„ a si„gle flet shall be either: (a) Attached to, or located within, the proposed or existing primary single- family dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or (b) Detached from the proposed or existing GiRgic fey primary dwelling{) and located on the same lot as the proposed or existing primary dwelling. 3. Number of ADU Units Per Lot. (a) Single-Family Lots. For lots with a proposed or existing single-family dwelling, no more than one (1) attached, converted or detached ADU shall be permitted on the lot. In cases where both a new or converted detached ADU and JADU are developed or proposed on a lot, the total floor area of the detached ADU may not exceed 850 square feet. (b) Multi-family Lots. For lots with an existing multi-family dwelling: i. Converted ADUs. One (1) or more converted ADUs may be constructed within portions of existing multi-family dwelling structures that are not used as livable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. No converted ADUs may be constructed within the existing livable space of a multi-family dwelling. The number of ADUs permitted under this Subsection shall not exceed twenty-five (25) percent of the existing multiple-family dwelling units on the lot. For the purpose of calculating the number of allowable accessory dwelling units: (a) previously approved ADUs shall not count towards the existing number of multi-family dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) converted ADU shall be allowed; and/or ii. Detached ADUs. Not more than two (2) detached ADUs may be constructed on a lot with an existing multi-family dwelling. 1763781.1 Ordinance No. 1535 Page 8 (c) Condominium Projects in Tustin Legacy Specific Plan (SP-1). Attached and detached single-family dwellings, two-family dwellings, duplexes, and townhouses or townhomes within a proposed condominium project in the Tustin Legacy Specific Plan (SP-1) zoning district may have no more than one (1) ADU per dwelling provided all the following criteria are satisfied: i. The ADU is located within the proposed dwelling, excluding attached or detached garages, storage areas or similar uses, or an accessory structure; ii. The ADU is located within one-half of one mile of Tustin Metrolink commuter rail station; and iii. The ADU may only be rented, if at all, to lower income households for a minimum period of fifty-five (55) years guaranteed through recordation of a deed restriction against the title of the property in the County Recorder's office with a copy filed with the Director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns. 4. Unit Size and Height. (a) Maximum Size. i. Attached ADUs. The total floor area of an attached ADU shall not exceed the following: 1 . Studio or One (1) Bedroom. (i) 850 square feet, or (ii) fifty (50) percent of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,700 square feet, an attached ADU may have a total floor area of up to 850 square feet. 2. Two (2) or more bedrooms. (i) 1 ,200 square feet, or (ii) fifty (50) percent of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 2,400 square feet, an attached ADU may have a total floor area of up to 1,200 square feet. ii. Detached ADUs. The total floor area of a detached ADU shall not exceed the following: 1 . Studio or One (1) bedroom: 850 square feet. 1763781.1 Ordinance No. 1535 Page 9 2. Two (2) or more bedrooms: 1 ,200 square feet. iii. Converted ADUs. The maximum size limitations set forth in this Subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to the extent necessary to accommodate ingress and egress. (b) Minimum Size. The total floor area of an ADU shall beat least 150 2.2-9 square feet. (c) Height Siingl8_family ADWs. i. Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit shall not exceed sixteen (16) feet. ii. The height of a detached ADU located on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed eighteen (18) feet. However, an additional two (2) feet of height, for a maximum of twenty (20) feet, is allowed when necessary to align the roof pitch on the ADU to the roof pitch of the primary dwelling. iii. The height of a detached ADU on a lot with an existing or Proposed multi-family, multi-story dwelling shall not exceed eighteen (18) feet. iv. The height of an attached ADU shall not exceed the height limitation of the zoning district applicable to the primary dwelling or twenty-five (25)feet, whichever is lower. In no event shall any such ADU exceed two (2) stories. (a Gat&c-hed- ADWs Shall hvv''�y,'' + lrrirmm;ia ao+ fnr+chr+chrne FE?GPE?GtiVE? ZGRiRg d (b) ntfacieE- n-nlQs. Shall-cempl" With hcigh�-Imzs oo+ fel#h the r86198G}iV8 �nninn clic+rin+c 1763781.1 Ordinance No. 1535 Page 10 (n) ( pyerrtred4Dvs. (;GRVtcQrrtrecrrr4cQc1Qs are nvot subion+ to a height IT Mit-;;tic_)RA nrnnncerl GGRyerted ADW Whinh HRdernnec a rernedel that affento the height shall nnFnply With the height limito oet forth in the reSpeEtiVe Znni�dict4Gtc rc acv ccrrvrv- 5. Applicability of Development Standards. Except as otherwise modified by this Section or as otherwise provided by State Law, an ADU must conform to the development standards applicable to the lot on which it is located as set forth in this Article. Notwithstanding the foregoing, when the application of a development standard related to, lot coverage, open-space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of a statewide exemption ADU of up to 800 square feet. 6. Setbacks. (a) Front Yard Setbacks. "I�Attached and detached ADUs are subject to the same minimum front yard setback requirements applicable to other structures on the lot on which the ADU is located. (b) Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4) feet from the side and rear lot lines are required for Rew attached and detached ADUs. (c) Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear yard setbacks of the existing permitted converted structure are sufficient for fire and safety, as dictated by the current applicable uniform building and fire codes. 7. Exterior Access. An attached or converted ADU must have independent exterior access from the proposed or existing primary dwelling. 8. Passageway. No passageway shall be required in conjunction with the construction of an ADU. For purposes of this Subsection, "passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the ADU. 9. Porches and Patios. (a) An attached or detached ADU may include an attached covered patio and/or porch, which, if provided, shall be integrated into the design of the ADU and shall not exceed 200 square feet in size. (b) In no event shall the total combined area of an ADU and attached porch and/or patio exceed 1 ,400 square feet. 1763781.1 Ordinance No. 1535 Page 11 10. Architectural Compatibility and Guidelines. To facilitate the development of ADUs in a manner that ensures reasonable consistency and compatibility of design, the Director is authorized to develop standard design plans and criteria for ADUs. ADUs developed in conformance with such standard plans and criteria shall be deemed to comply with this Subsection. (a) The GIG n nitGh � r material .gni-1 te of reef .�ni-I izAyiQ l-c,7��c-crcSl�,��r � a• raxtkkr�r G�vcn-�crcavc details of .ten n hGd ern ed nnl I shall he si bstaRtially the Qatai�TttaC�Q�taC r�oa,Tcrarr�crn. same as the primary i-W8l1inn /h\ Tho reeler material anrd taxtIr9 of all b iildinn wall WiRdE) 6 and l�'7�^�� material, ,�vrrravav �arTcr deers evl�-ef arrrn'cttaChed A-F De-taC'ted nnl I shall he similar in mator�S nelers .Ani-I finishes to these nn the pFirRaFy i-wE?IliR@l (G) The A-.Pr -al anr1 halo of an nttaC� er DftaGhed ADU Trcc -crr arrcr- shall GE)mPi8QrA8QRt trf primary dW8l1in�noTa iIitc�t8Q this vPmce-r�rt of rnQs in a mapperthatenrs6Fres rea Rrablre GGnrGriatGRGY a�-nrria1 nemnafihility of rlosinn fho nironfnr is a ifherized fe deyelen sfanrl:3rrl �-Ie n slaps .-ni1 eria fer ADWs. p in nfnrm. .R ati.��ra-rTa-�a-r�rcr�t �. e'b� �rnvmzcrr�rcc yA... s6-11 i inh sfanrlarrl plans anrd nriforiA sh;;" ho rloomorl fe nemnhi niifh this S bsonfien �T 11. Orientation of Detached Accessory Dwelling Structure. A detached ADU shall be located behind the front building line of the primary residence, so long as it does not prohibit the creation of a statewide exemption ADU. 12 Mi it mild Lets. In APIP10 n nnl I Ferri sir enf set fer+h in Tt-rvrcrr �vc$�rr�ucrrtfarr-ta v�rcq arre �crrc$ acr-iarcrr-rrr $ family GIWGIIinrr• Qenri oi-1 n rel IG. ne /1\ er mere oi-1 n rel I m.��i he ited nensfn rotor Within nerfiens of ovistinn multi i-W8l1inn stn inti iron th�at .Are Pet spa nnli1dinrr blit net limit ste Fa e c-crrc-r�r�t�F� �u�--�rTcr��a-rr�,-rscrc-rrQc-rrrrrrc ta,�cvrc�c reeSbe;Ter reems,passageways, att+cs, basern eRtS, er gar,ages�f 2ar_vh I-N+tC-9 +2S With St&t2-bl ding stafifi�aSfe�4 .s. l7 �ni f nnl I may be ns of VVit�n the eXiSti{g--livable spa rrPer �nati-tFcr rr rvuFrr�"spa cc of mi it amity ilei inn The ni imher of nnl I nermitf i ins-ler c�--cr-rrrcrr -arrrny--aav Trr�rnc-rrcn-rrrsc�--v�-T-ccQ��c�,r�r,}rtr�cc� } cr s SlfbvaEtArrah'Irrai RAI fQXcaed:hYeRt z5PeFGeRt f tiit�cx��cin� ar mi ili- finle family WE?'linrr i snits en the let Per the ni irnese of reales datinrr rrr n1 i1mb8Qr of AIInAniAhIo cAEGRBSSaFry-c e"iRg--a T46. (a) pre�u&ly 'appFeyed rnQ$ shall ireeaf� trert t$4vcrrc1r63 e�C.iSt♦Rg R61FRbE?F 49f multifamilye"iin HRits; and (h) fraatGS ShA--11ru8Q-rvuIr69d cA_V r_t8 1763781.1 Ordinance No. 1535 Page 12 tF f-9P89 niorrnicmimrshorr-orf-4a4w4-911iRg-ainrirt , 8XG8pt t at l orvRc-(1� repyertedd ADW shall be allnw ed nr i4�cQs�ve+�e— twe (2)�e•bc�c�e ��cQ� m�-xray-mac GGRStFUGtG-1 ren a let with aRr� stiRrr multifamily � � iRg s bjGGtri t hoight limit's Gf 'sivtoon /16) foot E. JADU Requirements. 1 . Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family residence, including an existing attached garage. 2. Size. A JADU shall not be less than 150 2-2-0 square feet and shall not exceed 500 square feet in size. 3. Separate Entrance. A JADU located within a proposed or existing single- family residence must include a separate entrance from the main entrance of the residence. 4. Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 5. Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family residence in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the Primary dwelling's main living area. 6. Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate new dwelling unit. 7. Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. 8. Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction against the title of the property in the County Recorder's office with a copy filed with the Director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that: (a) The owner of the property shall occupy either the primary residence or the JADU as his or her domicile. In the event owner occupancy of the 1763781.1 Ordinance No. 1535 Page 13 property ceases, the JADU shall not be used as a separate dwelling unit and shall not be separately rented or leased for any purpose. (b) The JADU may not be sold, mortgaged, transferred separately from the primary residence; this deed restriction may be enforced against future purchasers. (c) A restriction on the size and attributes of the JADU that conforms with this Section. (d) The JADU may be rented, but may not be rented on a short-term basis of less than thirty (30) consecutive days. (e) The property shall include no more than one (1) JADU. (f) The deed restriction may not be modified or terminated without the prior written consent of the Director. F. Other Requirements. 1 . No Separate Conveyance. Except as otherwise provided in Government Code section 65852.26 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner which would authorize such separate sale or ownership. 2. No Short-Term Rental Permitted. An ADU or JADU that is rented shall be rented for a term that is longer than thirty (30) days. Short-term rental (i.e., 30 days or less) of an ADU or a JADU is prohibited. 3. Owner Occupancy Requirements. (a) ADUs. Owner occupancy of either the primary dwelling or ADU is not req u i red. (b) JADUs. The property owner of the lot upon which a JADU is located must occupy either the JADU or the primary residence as his or her domicile. 4. Historic Properties. An ADU or JADU shall not cause a substantial adverse change, as defined in California Public Resources Code Section 5020.1, in the significance of any real property that is listed in the California Register of Historic Places or the City of Tustin Historical Resources Survey. 1763781.1 Ordinance No. 1535 Page 14 (a) Windows, Doors and Character Defining Features for Historic Properties - Converted ADU. Windows, doors and character-defining features for historic properties that are original to the structure are required to be retained, unless this requirement prevents creation of the ADU. (b) Separate Access. An ADU shall provide separate exterior access from the existing primary residence. Entry doors cannot be on the same fagade as the entry door of the primary residence, unless this requirement prevents creation of the ADU. (c) Site Planning - Detached ADU (new construction ADU). A detached ADU shall be located behind the rear building line of the primary residence, and be clearly subordinate by location and size, so long as it does not prohibit the creation of a Statewide Exemption ADU. G. Permit Application and Review Procedures. 1 . Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this Section or by State Law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. (a) Fire sprinklers shall not be required if they are not required for the primary dwelling. (b) However, if the same primary dwelling undergoes significant remodeling and is required to have fire sprinklers, any ADU created with or after the remodel must likewise install fire sprinklers. (c) For ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the "primary residence" for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, fire sprinklers shall be required for the ADU. 2. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit a building permit application to the City, along with all information and materials prescribed by such application. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees. 3. Review. The Director shall consider and approve or disapprove a complete application for an ADU or JADU without discretionary review or public hearing within sixty (60) days from the date the City receives a complete application, when there is an existing single-family or multi-family dwelling on the lot. Review is limited to whether the proposed ADU or JADU complies 1763781.1 Ordinance No. 1535 Page 15 with the requirements of this Section. If an applicant requests a delay, the time period for the City to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU unit is submitted with an application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new single- family dwelling, but the application to create the ADU or JADU will still be considered without discretionary review or a hearing. 4. Zoning Conformity. The City shall not require, as a condition of approval of a permit application for the creation of an ADU or JADU, the correction of non-conforming zoning conditions. 5. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time. 6. Conformity with State Law. The City shall not apply any requirement or development standard provided for in this chapter to an ADU or a JADU to the extent prohibited by any provision of State Law, including, but not limited to, subdivision (e)(1) of Government Code Section 65852.2. H. Utilities. 1 . ADUs. Unless otherwise mandated by applicable law or the utility provider or determined by the City's Public Works Director to be necessary, an ADU may be served by the same water, sewer, and other utility connections serving the primary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner's option, when permitted by the utility provider, and subject to the payment of all applicable fees. 2. JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU. I. Fees. 1 . No impact fee is required for an ADU measuring less than 750 square feet. Any impact fees charged for an ADU of 750 square feet of more shall be charged proportionately in relation to the square footage of the primary dwelling. 1763781.1 Ordinance No. 1535 Page 16 2. Construction of an ADU is subject to any applicable fee adopted under the California Government Code, Title 7, Division 1, Chapter 5 (commencing with §66000) and Chapter 7 (commencing with § 66012). 3. For purposes of this Subsection, "impact fee" does not include any planning application fee, plan check fee, or building permit fee. J. Interpretation. The provisions of this Section shall be interpreted to be consistent with the provisions of Government Code Sections 65852.2 and 65855.22 and shall be applied in a manner consistent with State Law. SECTION 6. Section 9297 (Definitions) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by revising the existing definition of "ADU, Converted" or "Converted ADU"and adding new definitions for"Condominium Project", "ADU, Statewide Exemption" or "Statewide Exemption ADU", "Condominium Project" and "Townhouse" or "Townhome" to read as follows (new text underlined): 9297 - DEFINITIONS "ADU, Converted" or "Converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within a portion of the permitted existing interior space of a dwelling, including bedrooms, attached or detached garages, storage areas, or similar uses. A Converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure "Condominium Project" shall have the same meaning as stated in California Civil Code Section 4125 as that section may be amended from time to time. "ADU, Statewide Exemption" or "Statewide Exemption ADU" means an ADU up to 800 square feet, 16 feet in height, and with four-foot side and rear setbacks. "Condominium Project" shall have the same meaning as stated in California Civil Code Section 4125 as that section may be amended from time to time. "Townhouse" or "Townhome" means a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof and with a yard or public way on not less than two sides. SECTION 7. Effective Date. This Ordinance shall take effect on the 31St day after its adoption. The City Clerk or his or her duly appointed deputy shall certify to adoption of the Ordinance and cause this Ordinance to be published as required by law. 1763781.1 Ordinance No. 1535 Page 17 SECTION 8. CEQA Exemption. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. The State Density Bonus Law contains mandatory provisions that the City must implement, whether or not it adopts its own ordinance, therefore this Ordinance does not create a new land use. Additionally, pursuant to Section 21080.17 of the California Public Resources Code, CEQA does not apply to the adoption of an ordinance by a city to implement the provisions of the State ADU Law. SECTION 9. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this Ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2023. AUSTIN LUMBARD, MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK 1763781.1 Ordinance No. 1535 Page 18 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1535 Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1535 was duly passed, and adopted at a regular meeting of the Tustin City Council held on the _ day of , 2023, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Yasuda, City Clerk Published: 1763781.1