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HomeMy WebLinkAboutItem 9 - Code amendment 2023-003 (density bonus and ADU)CODE AMENDMENT 2023-003 CITY COUNCIL MEETING JUNE 6, 2023 SUMMARY •Amends 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). •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. •On April 25,2023,the Planning Commission adopted Resolution 4469,recommending that the City Council adopt Ordinance No.1535,approving CA 2023-0003. DENSITY BONUS •AB 1551 reinstates and extends a provision of the Density Bonus Law allowing cities to grant specified development bonuses to commercial developments (Government Code 65915.7). •AB 682 amends Government Code Section 65915 to: •Extend its benefits to shared/co-living housing developments. •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 . ACCESSORY DWELLING UNITS (ADU) AND JUNIOR ACCESSORY DWELLING UNITS (JADU) –SB 897 •Must allow attached ADUs up to twenty-five (25)feet and certain detached ADUs up to eighteen (18)feet. •Clarifies that only objective development standards may be imposed on ADUs. •Prohibits cities from imposing separate zoning review process for ADUs. •Provides that the construction of an ADU does not trigger the requirement for fire sprinklers be installed in the primary dwelling. •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. •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. •Must 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. •Clarifies that an ADU may be attached to or located within a detached garage. •Requires that each permitting agency either approve or deny the application within sixty (60)days . The sixty (60)-day review “shot clock”applies to water,sewer,and other utilities and all internal city departments. •Requires 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. •Clarifies that local ADU ordinances do not supersede State ADU laws. ACCESSORY DWELLING UNITS (ADU) AND JUNIOR ACCESSORY DWELLING UNITS (JADU) –AB 2221 •Mandates local jurisdictions to incentivize the construction of affordable ADUs (Government Code Section 65583(c)(7)). •Add Section 9279(3)(c)to the Tustin City Code: •Applies to new units within the Tustin Legacy Specific Plan area subject to meeting certain criteria. •Allows one (1)ADU per dwelling unit if 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. •ADU must be located within a proposed dwelling (excluding detached garages,storage areas,accessory structures,or similar uses). •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. ACCESSORY DWELLING UNITS (ADU) AND JUNIOR ACCESSORY DWELLING UNITS (JADU) –AB 671 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.