HomeMy WebLinkAbout09 CODE AMENDMENT 2023-0003 DENSITY BONUS ORDINANCE ADU JADU FIRST READINGDocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item
Reviewed.
City Manager
Finance Director
JUNE 6, 2023
MATTHEW S. WEST, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
0
DS
m�'Zd
N/A
CODE AMENDMENT 2023-0003 (ORDINANCE NO. 1535) — DENSITY
BONUS ORDINANCE AND ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS ORDINANCE UPDATES
(INTRODUCTION AND FIRST READING)
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).
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).
On April 25, 2023, the Planning Commission adopted Resolution 4469 (Attachment A),
recommending that the City Council adopt Ordinance No. 1535, approving, CA 2023-
0003. The Planning Commission Minutes from April 25, 2023, are provided as Attachment
B for additional reference.
RECOMMENDATION:
That the City Council introduce and have a first reading, by title only, of Ordinance No.
1535, amending TCC Sections 9112 and 9121(a), adding TCC Section 9126 relating to
incentives for the development of affordable housing, amending TCC Sections 9279 and
9297 relating to ADUs and JADUs, and set the second reading for the next regularly
scheduled City Council meeting.
FISCAL IMPACT:
No impacts to the General Fund are anticipated.
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
City Council Staff Report
Code Amendment 2023-0003
June 6, 2023
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, and
Strategic Plan Goal E for Organizational Excellence and Customer Service, Strategy 3 to
conduct a review of the development approval process to identify streamlining
opportunities, and implement a plan of improvement.
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:
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 last 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.
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
City Council Staff Report
Code Amendment 2023-0003
June 6, 2023
Page 3
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.
The following is a summary of the State Density Bonus and ADU Laws that are in effect
and the proposed Code Amendment would update requirements, as needed, in Chapter
2 of the TCC:
• 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.
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
City Council Staff Report
Code Amendment 2023-0003
June 6, 2023
Page 4
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.
• 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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
City Council Staff Report
Code Amendment 2023-0003
June 6, 2023
Page 5
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
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 May 25, 2023,
informing the public of the City Council 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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
City Council Staff Report
Code Amendment 2023-0003
June 6, 2023
Page 6
(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 City Council introduce and have a first reading, by title only,
of Ordinance No. 1535, amending TCC Sections 9112 and 9121(a), adding TCC Section
9126 relating to incentives for the development of affordable housing, amending TCC
Sections 9279 and 9297 relating to ADUs and JADUs, and set the second reading for the
next regularly scheduled City Council meeting.
EDocuSigned by:
T2E5AE588F82047F...
Irma Huitron
Assistant Community Development
Director - Planning
Attachments:
EDocuSigned by:
� -4. In';;Q,Q -Ow,,
ED45DA2623654A5...
Justina L. Willkom
Community Development Director
A. Planning Commission Resolution No. 4469
B. Planning Commission Minutes — April 25, 2023
C. Draft Ordinance No. 1535 ("Clean Version")
D. Draft Ordinance No. 1535 ("Redlined")
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
ATTACHMENT A
Planning Commission Resolution No. 4469
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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:
1. 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.
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
PC Resolution No. 4469
April 25, 2023
Page 2
F. That the State ADU Law (Government Code Sections 65862.2 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.
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.
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
PC Resolution No. 4469
April 25, 2023
Page 3
P. That 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.
IL 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.
IlAk"I-
JU6tlNA L. WILLKOM
Planning Commission Secretary
STEVE KOZAK
Chairperson
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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:
JUSPfqA L. WILLKOM
Planning Commission Secretary
Higuchi, Kozak, Mason, Mello (4)
Douthit
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
ATTACHMENT B
Planning Commission Minutes
Aaril 25. 2023
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
AGENDA
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
APRIL 25, 2023
7:02 p.m. CALL TO ORDER:
Given. INVOCATION: Pastor Michael Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Mason
Mayor Pro 1. SWEARING -IN CEREMONY (Mason, Domer, Aguilera)
Tem
The installation of Planning Commissioner Mason, Building Board of Appeal Members
Donner and Aguilera was conducted by Mayor Pro Tem Letitia Clark.
ROLL CALL:
Present Chair Kozak
Chair Pro Tem Higuchi
Commissioners Mason and Mello
Absent. Commissioner Douthit
None. PUBLIC INPUT:
Hurtado Hurtado confirmed no public input received.
CONSENT CALENDAR:
2. APPROVAL OF MEETING MINUTES - MARCH 28, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the March 28, 2023
Planning Commission meeting, as provided.
Hurtado Hurtado confirmed no public input received regarding the Consent Calendar.
Motion: It was moved by Mason, seconded by Higuchi, to approve the Minutes of the March 28,
2023 Planning Commission meeting. Motion carried 4-0-1.
PUBLIC HEARING:
Adopted 3. CODE AMENDMENT 2023-0003 (ORDINANCE NO. 1535) - (DENSITY
Reso. No. BONUS, ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
4469, as DWELLING UNITS ORDINANCE UPDATES)
presented.
Code Amendment (CA) 2023-0003 is a City -initiated request to amend
Chapter 1 (Incentives for the Development of Affordable Housing) of Article 9
Minutes - Planning Commission Meeting - April 25, 2023 - Page 1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
(Land Use) to bring the Tustin City Code (TCC) into conformance with current
State Density Bonus Law (Government Code Section 65915-65918).
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.
Huitron Huitron provided a verbal presentation which generally covered the following: the
recommended code amendments and resolution is to ensure the City remains in
compliance with the City's Housing Element that has been certified by the State; the City
must maintain a certified Housing Element and a large portion of the funding is utilized
by other departments, including the Economic Development Department; and she also
informed the Commission of the minor revision made to Page 7 of Ordinance No. 1535,
which was provided to the Commission earlier in the day and copies provided at the dais.
Higuchi Higuchi's questions generally included: with respect to the allowance of ADUs within
condominium projects in the TLSP, would condominium projects also be allowed to
incorporate JADUs?; can ADUs be deed restricted?; if units are deed restricted, would
the developer also qualify for a density bonus?; and due to State law, would a
proposed development still be eligible to provide a JADU?
Huitron Huitron's response to Higuchi's questions generally included: the new TCC sections
pertain only to ADUs, not JADUs; since the provisions have been drafted, the
requirement is that there be a limit of one (1) ADU and it must be incorporated into a
proposed construction dwelling and if the units are rented, they would be deed
restricted to lower income households for 55 years.
Willkom Per Higuchi's density bonus question, Willkom explained that density bonus is
separate application from the ADU provision.
Huitron With regard to Higuchi's question regarding "State law and JADUs" Huitron stated that
this ADU provision is within the parameters of State law but further detailed in creating
the clarity that condominium lots are eligible for the creation of ADUs whereas the
government code only refers to the language of fee simple lots. For that reason, the
City is creating a specific path for condominium lots and the City can create language
that is tailored to Tustin. For now, the creation of units would be limited to ADUs and
not JADUs since the government code does not provide guidance for JADUs on
condominium lots.
Minutes -- Planning Commission Meeting —April 25, 2023 — Page 2
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Daudt Daudt further explained the reason for the provision with ADUs versus JADUs is
because under State law, JADUs are defined with specific reference to single-family
lots and homes. What the proposal in question would do, is allow ADUs to be
constructed in connection with other housing types that would not qualify for a JADU,
The City is looking at duplexes, townhomes as well as single-family units that could
be eligible on a condominium lot for this program.
Higuchi Higuchi reiterated his question that JADUs are not allowed in condominium projects.
He also asked if City staff confirmed or consulted with HCD regarding the proposal.
Higuchi further asked if the City could allow/amend JADUs in condominium projects.
Lastly, Higuchi asked if the ADUs satisfy the RHNA numbers.
Huitron Per Huitron, as part of the City's Housing Element process, the City looked into
incentives in creating affordable housing (i.e. ADU Accelerator Programs mentioned
in her presentation) and AB 671 which was supported by HCD; thus, the proposed
amendment. Upon final City Council approval, staff will report to HCD as part of the
annual report of the adoption of the proposed amendment and identify that the
amendment is to satisfy and implement the programs identified in the certified housing
element. JADUs, in general, have unique definition in that they relate to conversion
of existing habitable areas versus new construction in the Tustin Legacy area. JADUs,
if addressed in the future, would have to be looked at city-wide, along with an analysis
of existing condominium lots that potentially the creation of that opportunity would
affect other developments outside of the Tustin Legacy, The City, in general, is
allowed to go above and beyond what the State requires, but implications are broader
than the Tustin Legacy. Huitron confirmed that the ADUs do satisfy the RHNA
numbers.
Daudt Daudt confirmed Higuchi's question.
Mello Mello asked if changes would be made to parking requirements or the need for (or
not) for additional parking in relation to the ADUs.
Huitron In the ekistin.g ordjnance and in accordance with the State law, when a unit is located
with'i,n'aw'half M1le,of a transit stop, ADUs are not required to provide on -site parking
and would remain the same with the proposed amendment.
7:27 p.m. Hurtado confirmed no public input received.
Mello Mello's final comment referred to long term use of parking and circulation patterns and
how this might change with the changes in housing laws. He was also in support of
the item.
Higuchi Higuchi made favorable comments regarding Provision 3C. Great way to preserve
the value of Tustin Legacy, meet the RHNA requirements and impact the housing
crisis for everyone. He was also in favor of the item.
Minutes — Planning Commission Meeting — April 25, 2023 -- Page 3
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Mason Mason mentioned that the community needs to take on the parking issue in Tustin.
She also stated the recommendation is a creative approach to expanding housing
opportunities to the working generation.
Motion. It was moved by Mello, seconded by Mason, to adopt Resolution No. 4469, as
presented. Motion carried 4-0-1.
None. REGULAR BUSINESS:
STAFF CONCERNS:
Willkom On behalf of the Community Development Department, Willkom congratulated Mason
on her re -appointment as a Planning Commissioner along with Commissioner Douthit
on his new appointment as a Planning Commissioner.
COMMISSION CONCERNS:
Higuchi Higuchi congratulated Douthit and thanked former Planning Commissioner Lisa Chu for
her years of service.
Mason Mason made favorable comments to the City Council and to staff with regard to her re-
appointment as Planning Commissioner. She also thanked former Planning
Commissioner Lisa Chu for her years of service.
Mello Mello echoed his fellow Commissioners favorable comments.
7:34 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday, May
9, 2023.
STEVE .• A'
Chairperson
AAvit,, -
J TINA L. WILLKOM
Planning Commission Secretary
Minutes — Planning Commission Meeting — April 25, 2023 — Page 4
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
ATTACHMENT C
Draft Ordinance No. 1535
"Clean Version"
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
IMV0]I V_1►[s]a0[011111111MR
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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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 June 6, 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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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:
(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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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:
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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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:
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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 7
N
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 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 single family primary
dwellings} 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:
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 or proposed multi -family
dwelling.
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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:
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.
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:
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 9
1. Studio or One (1) bedroom: 850 square feet.
2. Two (2) or more bedrooms: 1,200 square feet.
iii. Converted ADUs. The maximum size limitations set forth in this
Subsection do not apply to converted ADUs that do not increase
the existing floor area of a structure. In addition, a converted ADU
created within an existing accessory structure may include an
expansion of not more than 150 square feet beyond the same
physical dimensions as the existing accessory structure to the
extent necessary to accommodate ingress and egress.
(b) Minimum Size. The total floor area of an ADU shall be at least 150
square feet.
(c) Height.
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.
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
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 10
or detached ADU of at least 800 square feet, such standard shall be waived
to the extent necessary to allow construction of a statewide exemption ADU
of up to 800 square feet.
6. Setbacks.
(a) Front Yard Setbacks. New Attached and detached ADUs are subject
to the same minimum front yard setback requirements applicable to
other structures on the lot on which the ADU is located.
(b) Side and Rear Yard Setbacks. Minimum setbacks of no less than four
(4) feet from the side and rear lot lines are required for 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.
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.
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.
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 11
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 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
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.
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 12
(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
required.
(b) JADUs. The property owner of the lot upon which a JADU is located
must occupy either the JADU or the primary residence as his or her
domicile.
4. Historic Properties. An ADU or JADU shall not cause a substantial adverse
change, as defined in California Public Resources Code Section 5020.1, in
the significance of any real property that is listed in the California Register
of Historic Places or the City of Tustin Historical Resources Survey.
(a) Windows, Doors and Character Defining Features for Historic
Properties - Converted ADU. Windows, doors and character -defining
features for historic properties that are original to the structure are
required to be retained, unless this requirement prevents creation of
the ADU.
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 13
(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
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-
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 14
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.
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.
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.
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 15
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:
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 31 st day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to adoption of
the Ordinance and cause this Ordinance to be published as required by law.
SECTION 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
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 16
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 6th day of June, 2023.
AUSTIN LUMBARD, MAYOR
ATTEST:
ERICA N. YASUDA, CITY CLERK
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 17
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
and regularly introduced at a regular meeting of the Tustin City Council held on the 6tn
day of June, 2023, and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the , 2023 by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Yasuda, City Clerk
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
ATTACHMENT D
Draft Ordinance No. 1535
"Redlined"
DocuSign Envelope ID: lB402188-3A73-46F1-87CC-E2B36D2F262E
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.
1763 781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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 June 6, 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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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
Iona 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 manor 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
housina 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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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 strikethrr,,,nh):
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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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 C & family eet 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 single family 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:
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 or proposed multi -family
dwelling.
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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 followina criteria are satisfied:
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.
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:
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 9
Studio or One (1) bedroom: 850 square feet.
2. Two (2) or more bedrooms: 1,200 square feet.
iii. Converted ADUs. The maximum size limitations set forth in this
Subsection do not apply to converted ADUs that do not increase
the existing floor area of a structure. In addition, a converted ADU
created within an existing accessory structure may include an
expansion of not more than 150 square feet beyond the same
physical dimensions as the existing accessory structure to the
extent necessary to accommodate ingress and egress.
(b) Minimum Size. The total floor area of an ADU shall be at least 150 220
square feet.
(c) Height Single-family ADUs.
Except as provided below, the height of a detached ADU on a
lot with an existing or proposed single-family or multi -family
dwellina unit shall not exceed sixteen (16) feet.
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 heiaht of an attached ADU shall not exceed the heiaht
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.
1763781.1
DocuSign Envelope ID: lB402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 10
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. New Attached and detached ADUs are subject
to the same minimum front yard setback requirements applicable to
other structures on the lot on which the ADU is located.
(b) Side and Rear Yard Setbacks. Minimum setbacks of no less than four
(4) feet from the side and rear lot lines are required for new attached
and detached ADUs.
(c) Converted ADUs. No setbacks are required for converted ADUs,
provided the side and rear yard setbacks of the existing permitted
converted structure are sufficient for fire and safety, as dictated by the
current applicable uniform building and fire codes.
7. Exterior Access. An attached or converted ADU must have independent
exterior access from the proposed or existing primary dwelling.
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
DocuSign Envelope ID: lB402188-3A73-46F1-87CC-E2B36D2F262E
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.
■_ . ■lers and finishes to those on the Q.,�iwqgl dm,26W.
._ .■
r
.■
■
MIM
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.
.■ - -
SeGtOOR, the following requiremeRtS shall apply to lots with aR exiStiRg MUlti-
. r
_
r
_
1 ■
r _
_
r r 1 ■
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
Ordinance No. 1535
Page 12
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 150 220 square feet and shall not
exceed 500 square feet in size.
3. Separate Entrance. A JADU located within a proposed or existing single-
family residence must include a separate entrance from the main entrance
of the residence.
4. Kitchen Requirements. A JADU must include an efficiency kitchen,
including a cooking facility with appliances, and a food preparation counter
and storage cabinets that are of reasonable size in relation to the size of the
JADU.
5. Bathroom Facilities. A JADU may include separate sanitation facilities or
may share sanitation facilities with the proposed or existing single-family
residence in which it is located. 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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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
required.
(b) JADUs. The property owner of the lot upon which a JADU is located
must occupy either the JADU or the primary residence as his or her
domicile.
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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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.
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.
Fees.
No impact fee is required for an ADU measuring less than 750 square feet.
Any impact fees charged for an ADU of 750 square feet of more shall be
charged proportionately in relation to the square footage of the primary
dwelling.
1763781.1
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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 Proiect" shall have the same meanina 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 vard or public wav 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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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
DocuSign Envelope ID: 1B402188-3A73-46F1-87CC-E2B36D2F262E
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, and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on , 2023 by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Yasuda, City Clerk
Published:
1763781.1