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HomeMy WebLinkAbout03 PC REPORT CA 2024-0004 ORD NO 1543 AGENDA REPORT ITEM #3 MEETING DATE: JULY 9, 2024 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 2024-0004 (ORDINANCE NO. 1543) — (ORDINANCE UPDATES RELATIVE TO THE IMPLEMENTATION OF THE 6T" CYCLE 2021-2029 HOUSING ELEMENT) SUMMARY Code Amendment (CA) 2024-0004 is a City-initiated request to amend various sections of Article 9 (Land Use) of the Tustin City Code (TCC)to implement the following programs of the City's adopted Housing Element of the General Plan: • Program 1 .5(a) — This amendment will streamline the requirements for triplexes in the R-2 and R-3 zones and for residential uses Citywide in all zones by removing the Conditional Use Permit requirements. • Program 2.1(a) — This amendment will add definitions for transitional and supportive housing and consider transitional and supportive housing to be a residential use and explicitly permits them subject only to those zoning regulations that apply to other residential dwellings of the same type in the same zone as required by AB 2162. RECOMMENDATION That the Planning Commission adopt Resolution No. 4491 , recommending that the City Council adopt Ordinance No. 1543, amending various sections of Article 9 (Land Use) of the TCC to implement the certain programs of the City's adopted Housing Element of the General Plan. APPROVAL AUTHORITY TCC Section 9295f authorizes the Planning Commission to make a recommendation to the City Council on a proposed Code Amendment. Such an amendment may be initiated by the City in accordance with TCC Section 9295. If approved, the Ordinance would go into effect thirty (30) days following adoption by the Tustin City Council. Planning Commission Staff Report Code Amendment 2024-0004 July 9, 2024 Page 2 BACKGROUND The City's 2021-2029 6th Cycle Housing Element of the General Plan (Housing Element) was certified by the California Department of Housing and Community Development in October 2022. The Housing Element contains the goals and policies the City intends to implement to address a number of housing-related issues. The Housing Element sets forth a Housing Implementation Program that provides for specific actions the City intends to undertake to achieve the goals and policies of the Housing Element. The Housing Implementation Program describes the specific programs that will be implemented during the planning period. Housing programs include those which are currently in operation and can be further enhanced or refined to meet future housing needs as well as new programs to reflect the many changes resulting from the adoption of new housing-related legislation in conjunction with the 6th Cycle Housing Element update. The proposed amendments to the TCC would address Programs 1 .5(a) and 2.1(a) of the Housing Implementation Program and bring the TCC into compliance with State law. DISCUSSION Code Amendment 2024-0004 The proposed CA 2024-0004 updates various sections of Article 9 (Land Use) to bring the TCC into conformance with recent changes in related State laws. The Code Amendment is also consistent with the City's Housing Element, including Programs 1 .5(a) and 2.1(a)that commit to streamlining reviews for projects that expand affordable housing options and define transitional and supportive housing. Program 1 .5(a) Currently Tustin City Code requires approval of a Conditional Use Permit for triplexes in the R2 and R3 zoning districts and other residential types in all other zones throughout the City. The code amendments would allow, by right, triplexes and other residential uses. The amendments would facilitate and streamline the application and project review process for these housing types consistent with the Housing Element program and State law. Program 2.1(a) The subject amendment would also add definitions for both supportive and transitional housing to TCC Section 9297. The amendment is consistent with the Housing Element and with State law. A description of Supportive housing is provided below. Planning Commission Staff Report Code Amendment 2024-0004 July 9, 2024 Page 3 The following is a summary of the State laws that would be addressed by the proposed Code Amendment: • AB 2162 requires that supportive housing be a use that is permitted by right in zones where multi-family and mixed-use development is permitted. AB 2162 amends Government Code Section 65583 and adds Code Section 65650 to require local entities to streamline the approval of housing projects containing a minimum amount of Supportive Housing by providing a ministerial approval process, removing the requirement for CEQA analysis and removing the requirement for Conditional Use authorization or other similar discretionary entitlements granted by the Planning Commission. • Supportive housing to be a use by right in zones where multi-family and mixed- uses are permitted, including non-residential zones permitting multi-family uses, if the proposed housing development satisfies all of the following requirements (Government Code 65651): a) Units within the development are subject to a recorded affordability restriction for 55 years; b) 100 percent of the units, excluding manager's units within the development, are dedicated to lower-income households and are receiving public funding to ensure affordability of the housing to lower- income individuals; c) At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing requires, if the development consists of fewer than 15 units, that 100 percent of the units, excluding managers' units in the development, shall be restricted to residents in supportive housing; d) Non-residential floor area shall be used for on-site supportive services in the following amounts: i) For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services; ii) For a development with more than 20 units, at least three percent of the total non-residential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens; and e) The developer replaces any pre-existing dwelling units on the site of supportive housing development, as provided. f) Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator. Exhibit A of Attachment A provides revisions to the TCC in compliance with the above programs and new Housing Law. Additional revisions to the Code may be necessary as the City brings Tustin City Code in compliance with various new Housing Laws. Planning Commission Staff Report Code Amendment 2024-0004 July 9, 2024 Page 4 Consistency with the Tustin's Housing Element of the General Plan The proposed CA 2024-0004 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 1.4: 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 June 27, 2024, informing the public of the Planning Commission public hearing for proposed CA 2024- 0004. 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 2024-0004 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. CONCLUSION The proposed CA 2024-0004 would be consistent with the City's General Plan; therefore, Staff recommends that the Planning Commission adopt Resolution No. 4491 , recommending that the Tustin City Council adopt Ordinance No. 1543, amending various sections of Article 9 (Land Use) relating to streamlining for the development of housing and defining transitional and supportive housing. Planning Commission Staff Report Code Amendment 2024-0004 July 9, 2024 Page 5 Raymon arrag�a Principal Planner 4&WN-- jwja astman JuhVa L. Wiilkom Assistant Community Development Community Development Director Director- Planning Attachment: A. PC Resolution No. 4491 • Exhibit A — Draft Ordinance No. 1543 RESOLUTION NO. 4491 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1543, AMENDING VARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND USE) TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6T" CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN (CODE AMENDMENT 2024-0004) The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That in October 2022, the State's Office of Housing and Community Development certified the City's 61" Cycle 2021-2029 Housing Element of the General Plan (Housing Element). B. That the Housing Element sets forth a Housing Implementation Program that provides for specific actions the City intends to undertake to achieve the goals and policies of the Housing Element. C. That the proposed amendments (CA 2024-0004) to the Tustin City Code (TCC) implement Programs 1 .5(a) and 2.1 (a) of the Housing Implementation Program and bring the TCC into compliance with State law. D. That the State Housing Law require local entities to streamline the approval of housing projects containing a minimum amount of Supportive Housing by providing a ministerial approval process, removing the requirement for CEQA analysis and removing the requirement for Conditional Use authorization or other similar discretionary entitlements granted by the Planning Commission. E. That Program 1 .5(a) of the Housing Element Implementation Program requires the City to amend its Zoning Code to remove the Conditional Use Permit (CUP) requirement for triplexes in the R-2 and R-3 zones and when currently required for residential uses citywide in all zones. F. That CA 2024-0004 updates existing TCC provisions to comply with the State Housing Law by and establishing definitions for "supportive" and PC Resolution No. 4491 July 9, 2024 Page 2 "transitional" housing and removing the CUP requirement for residential uses in all zones. G. That the proposed CA 2024-0004 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. H. That on ,2024, a public hearing was duly noticed, called, and held by the City Council on CA 2024-0004. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1543, amending various sections of Article 9 (Land Use) of TCC related to housing (CA 2024-0004), attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 91h day of July 2024. ERIC HIGUCHI Chairperson JUSTINA L. WILLKOM Planning Commission Secretary PC Resolution No. 4491 July 9, 2024 Page 3 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. 4491 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 91h day of July, 2024. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary ORDINANCE NO. 1543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1543, AMENDING VARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND USE) TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6T" CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN (CODE AMENDMENT 2024-0004) 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 in October 2022, the State's Office of Housing and Community Development certified the City's 61h Cycle 2021-2029 Housing Element of the General Plan (Housing Element). B. That the Housing Element sets forth a Housing Implementation Program that provides for specific actions the City intends to undertake to achieve the goals and policies of the Housing Element. C. That the proposed amendments (CA 2024-0004) to the Tustin City Code (TCC) implement Programs 1 .5(a) and 2.1 (a) of the Housing Implementation Program and bring the TCC into compliance with State law. D. That the State Housing Law requires local entities to streamline the approval of housing projects containing a minimum amount of Supportive Housing by providing a ministerial approval process, removing the requirement for CEQA analysis and removing the requirement for Conditional Use authorization or other similar discretionary entitlements granted by the Planning Commission. E. That Program 1 .5(a) of the Housing Element Implementation Program requires the City to amend its Zoning Code to remove the Conditional Use Permit (CUP) requirement for triplexes in the R-2 and R-3 zones and when currently required for residential uses citywide in all zones. F. That CA 2024-0004 updates existing TCC provisions to comply with the State Housing Law and the amendments define "supportive" and "transitional" housing and removes the CUP requirement for residential uses in all zones. G. That the proposed CA 2024-0004 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 1763781.1 Ordinance No. 1543 Page 2 it has no potential for resulting in physical change to the environment, directly or indirectly. H. That on July 9, 2024, the Planning Commission adopted Resolution No. 4491, and recommended that the City Council adopt Ordinance No. 1543, approving CA 2024-0004. I. That on ,2024, a public hearing was duly noticed, called, and held by the City Council on CA 2024-0004. SECTION 2. Section 9222(b)(2) of Chapter 2 of Article 9 of the TCC (Residential Estate District (E4)) is hereby amended to read as follows (new text underlined, deletions in stFikethFeuo): 2. Accessory buildings (except in the cultural resource district) used as g where no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging subject to a recorded deed restriction approved by the City. (Ord. No. 1454, Sec. 3, 9-15-15; Ord. No. 1479, Sec. 5, 4-4- 17) (a) Maximum height: 25 feet. (b) Maximum lot coverage: 30 percent of rear yard. (c) Minimum front yard setback: 50 feet, unless otherwise indicated on Zoning Map. (d) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. (e) Minimum rear yard setback: 5 feet. SECTION 3. Section 9223(b)(2) of Chapter 2 of Article 9 of the TCC (Single Family Residential (R1)) is hereby amended to read as follows (new text underlined, deletions in stFikethFeuo): 2. Accessory buildings (except in the cultural resource district) used as g where no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging subject to a recorded deed restriction Ordinance No. 1543 Page 3 approved by the City. (Ord. No. 1454, Sec. 3, 9-15-15; Ord. No. 1479, Sec. 5, 4-4- 17) (a) Maximum height: 25 feet. (b) Maximum lot coverage: 30 percent of rear yard. (c) Minimum front yard setback: 50 feet, unless otherwise indicated on Zoning Map. (d) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. (e) Minimum rear yard setback: 5 feet. SECTION 4. Section 9224 of Chapter 2 of Article 9 of the TCC (Planned Development (PD)) is hereby amended and restated to read as follows (new text underlined, deletions in ): 9224 PLANNED DEVELOPMENT DISTRICT (PD) a Purpose The PD, Planned Development District, is hereby authorized to provide for garden apartment development, regulated so as to cover a minimum of ground area and provide a maximum of open space. This zone will provide most of the desirable residential characteristics found in single family residence areas. b Permitted Uses and Development Standards In the Planned Development District (PD) only the following uses (or uses which in the opinion of the Community Development Director and/or the Planning Commission are similar) will be allowed subject to the development standards identified in Table 1 of Section 9220 and/or as specified in this Chapter. 1 . Apartment Houses. 2. Bungalow courts. 3. Condominiums (as defined in the Civil Code). Ordinance No. 1543 Page 4 4. Community apartment projects (as defined in the Business and Professions Code). c b-Conditionally Permitted Uses The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar), with the exception of home occupations (which are a permitted use), may be conditionally permitted in the Planned Development District (PD) subject to the issuance of a Conditional Use Permit. (Ord. No. 1524, Sec. 5, 8-16-22) 1 . Any use permitted or conditionally permitted in any residentially zoned district is conditionally permitted in the Planned Development District (PD) (except ADUs and JADUs are permitted ministerially subject to the provisions set forth in Section 9279). (Ord. No. 1479, Sec. 6, 4-4-17; Ord. No. 1517, Sec. V, 12-7-21) 2. Repealed. ApaFtmeRt houses. 3. Repealed. BURgalew eeuFts. 4. Repealed. ( eREIOMOROi Imc (as defined OR the Giyil Code 5. Repealed. 6. Day care center (subject to Section 9271 aa2). 7. Repealed. (Ord. No. 1524, Sec. 24, 8-16-22). 8. Manager's office - one (1) permanent resident manager's office devoted solely to the rental of the dwelling units on the same parcel, provided said office and surrounding grounds retain a residential character. 9. Rest homes, extended care facilities, convalescent hospitals and sanitariums (provided all provisions are complied with as set forth for this district). 10.Stock cooperatives (as defined in the Business and Professions Code). ca d Submittal of Preliminary Drawings 1 . Except as provided in Section 9299 of this Code a use authorized through a Conditional Use Permit in this district shall comply with Section 9291 . (Ord. No. 1429, Sec. 11.5, 5-21-13) Ordinance No. 1543 Page 5 2. Ingress and egress of firefighting equipment, fire hydrants and other fire protection facilities are subject to approval of the Fire Chief. (Ord. No. 175, Sec. 8) e Submittal of Final Development Plans. Detail to be shown: 1 . Every application for a building permit for the development of conditionally permitted uses listed in 9294c, pFepeFt OR the PD D tFi t shall be re- submitted for approval to the Planning Commission, and shall be accompanied by detailed architectural drawings, and plot plans, all to a workable scale, showing the elevation and location of the proposed buildings; proposed location and type of landscaping; use and treatment of grounds around such buildings or structures; off-street parking, physical features such as trees, hydrants, electric and telephone poles, flood lights, driveways, fences, signs, proposed drainage, sewage disposal facilities and any other pertinent information considered appropriate by the applicant or Planning Commission to bring the development within the purpose of this district. (Ord. No. 1524, Sec. 5, 8- 16-22) 2. All plans shall show thereon hose cabinets, wet stand pipes with Siamese connections and any other facilities considered to provide adequate fire protection. Said location and type of such facilities shall be approved by the Fire Chief of the City of Tustin prior to the approval of the development plans by the Planning Commission as set forth in this Section. 3. Water drainage and run-off shall, also, be approved by the City Engineer of Tustin, prior to approval of development plans by the Planning Commission. (Ord. No. 175, Sec. 8) e f Development Standards 1 . Any development in this District shall be surrounded by a solid redwood or cedar fence or masonry wall or combination thereof. However, nothing herein shall require the construction of the aforementioned fence along any property line abutting a street, alley or at driveway entrances and exits. 2. All required yards shall be landscaped and maintained in accordance with the approved landscape plan. 3. If any parcel zoned PD is to be developed in accordance with the provisions set forth for this District and said parcel abuts a street not improved to City standard, the owner shall dedicate the necessary street easement to the City and improve said street so as to be in accordance with the design standards and specifications of the City prior to the Ordinance No. 1543 Page 6 issuance of a utility release by the Building Department. (Ord. No. 1524, Secs. 5, 25, 8-16-22) 4. All trash collection and garbage collection areas shall be surrounded on at least three (3) sides by a five-foot fence or block wall, with adequate access to and from these areas for trash and garbage collection vehicles. 5. Due to the complexity of Planned Development, it is illogical and impractical to define herein an exact pattern for the arrangement of group dwellings for a parcel involving two (2) or more main dwellings; however, it is the intent of this District to provide a functional and non-monotonous orientation of buildings with a maximum of open space around each main building consisting of courts, parkways and patio areas all oriented so as to provide separation of vehicular traffic from play areas and recreational areas for children and adults. 6. Repealed. (Ord. No. 1354, Sec. 11, 11-4-08) 7. Repealed. (Ord. No. 1354, Sec. 11, 11-4-08) 8. Repealed. (Ord. No. 1354, Sec. 11, 11-4-08) 9. All interior streets and private drives shall be constructed to the standard set forth by the City prior to the dedication of any such streets to the City. Streets not so constructed need not be accepted by the City. (Ord. No. 175, Sec. 8) f g Approval of Final Development Plans by Planning Commission The Planning Commission shall approve or cause to be approved the aforementioned development plans, as set forth in Paragraph 'd f above, if all provisions for this District are complied with and the development is within the spirit and intent of this District, as determined by the Planning Commission. All development shall be in accordance with the approved plans prior to a utility release by the Building Department. (Ord. No. 175, Sec. 8) h Specific Standards 1 . Height limit (a) None, except as limited herein below. (b) When a lot in the PD district abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said PD lot to a height to exceed two (2) stories, and/or thirty (30) feet, whichever is more restrictive, within fifty (50) feet of said RA, E4 or R1 Ordinance No. 1543 Page 7 zoned property, unless the Planning Agency shall grant a conditional use permit thereof. (Ord. No. 1524, Secs. 10-12, 26, 8-16-22) (c) Further, no main building shall be erected on said PD lot to a height to exceed three (3) stories, and/or fifty (50) feet, whichever is more restrictive, within three hundred (300) feet of said RA, E4 or R1 zoned (developed or undeveloped) property, unless the Planning Agency shall grant a conditional use permit thereof. (Ord. No. 248, Sec. 4; Ord. No. 862, Sec. 2, 12-21-81; Ord. No. 1524, Secs. 10-12, 8-16-22) 2. Side yard (a) When any interior side property line of a lot in the district abuts property in the RA, E4 or R1 District, each dwelling shall have a required side yard along said property line of not less than fifteen (15) feet with landscaping. (b) When any interior side property line of a lot in the PD District abuts property in the PD District or any other District not set forth in paragraph (a) above, there shall be a required side yard along that side property line of not less than five (5) feet regardless of the height of the dwelling on the lot. (c) When any interior side property line of a lot in the District abuts a lot or lots having zone classifications of RA, E4, or R1 and any other District, Paragraph (a) above shall apply in the determination of the required side yard along that entire interior side property line. (d) On corner lots, the side yard on the street side shall not be less than ten (10) feet. (Ord. No. 175, Sec. 8) 3. Rear yard (a) When any lot zoned PD has a rear property line abutting property in the RA, E4 or R1 District, each dwelling shall have a required rear yard of not less than fifteen (15) feet with landscaping. (b) When any lot zoned PD has a rear property line abutting a lot in any other district not set forth in paragraph (a) above, there shall be a required rear yard of not less than ten (10) feet. (c) When any lot in the PD District has a rear property line common to a property line of a lot or lots having zone classification of RA, E4 or R1 and any other district, paragraph (a) above shall apply in the Ordinance No. 1543 Page 8 determination of the required rear yard along that entire rear property line. (Ord. No. 175, Sec. 8) 4. Minimum gross floor area (a) The following uses shall be subject to the following minimum square feet of gross floor area per unit exclusive of garages, carports and unenclosed porches and patios. Bachelor units: 450 square feet One-bedroom units: 650 square feet Two-bedroom units: 800 square feet (b) Further, for each additional bedroom in excess of two (2) bedrooms in an apartment unit, there shall be an additional one hundred (100) square feet of gross floor area. (Ord. No. 175, Sec. 8; Ord. No. 790, Sec. 2, 2-20-79) 5. Minimum number of square feet required for each housekeeping unit There shall be no minimum lot size established in any PD Planned Development. However, the minimum number of square feet of land required for each family or housekeeping unit in a Planned Development shall be as designated by the number following the symbol "PD" on the particular Official Zoning Map. This provision shall not govern any PD Planned Development Zone established prior to the adoption of this Subsection. (Ord. No. 248, Sec. 3; Ord. No. 1524, Sec. 5, 8-16-22) 6. Open space requirement A minimum of four hundred (400) square feet of open space recreation area shall be provided per dwelling unit within a common designated recreation area. Private attached ground level patios may be credited toward the open space requirement if restricted to only permit covers open on three (3) sides. In addition to the recreation area requirement, all structural setback areas, excluding driveways and walkways shall be landscaped. (Ord. No. 175, Sec. 8; Ord. No. 851, Sec. 1, 6-1-81; Ord. No. 906, Sec. 1, 2-21-84) 7. Repealed. (Ord. No. 573, Sec. 2; Ord. No. 906, Sec. 2, 2-21-84; Ord. No. 1354, Sec. 11, 11-4-08) 8. Subdivision of property development under the district Upon completion of a property development in the PD District, no portion of the property involved in said development shall be severed or sold, Ordinance No. 1543 Page 9 unless said severed parcel and the development thereon complies with all provisions set forth for the PD District and is approved by the Director of Community Development prior to such subdivision. (Ord. No. 175, Sec. 8; Ord. No. 906, Sec. 3, 2-21-84; Ord. No. 1524, Sec. 5, 8-16-22) 9. Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. 11, 11-4-08) SECTION 5. Section 9225 of chapter 2 of Article 9 (Duplex Residential District (R2) of the TCC is hereby amended and restated to read as follows (new text underlined, deletions in ): 9225 DUPLEX RESIDENTIAL DISTRICT (R2) a Permitted Uses and Development Standards In the Duplex Residential District (R2), only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9220 and/or as specified in this Chapter. 1 . All uses permitted in the R1 District, subject to the development standards specified in the R1 District, unless otherwise listed. (a) Minimum lot area per family unit: 3,500 square feet. 2. Duplexes or two detached single-family dwellings on the same lot. (Ord. No. 1429, Sec. 11.6, 5-21-13) 3. Triplexes (single structure): (a) Maximum height: 35 feet. (b) Minimum building site area: 7,200 square feet. (c) Minimum lot width at property line: 60 feet. (d) Maximum lot coverage: 50 percent. (e) Minimum front yard setback: 20 feet. (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. (g) Minimum rear yard setback: 10 feet. (h) Minimum lot area per family unit: 3,500 square feet. Ordinance No. 1543 Page 10 b Conditionally Permitted Uses and Development Standards The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Duplex Residential District (R2) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9220 and/or as specified in this Chapter. 1 . All uses conditionally permitted in the R1 District, subject to the development standards specified in the R1 District, unless otherwise listed. 2. Repealed feet.(a) Maximum height: 35 feet. GeFRer let lire, 10 feed IRte Fier let lire: 5 feet. r feet, 3. Day care center (as defined in the Health and Safety Code). (Ord. No. 1429, Sec. 11.7, 5-21-13) Prior History of Secs. a, b.—Ord. No. 299, Sec. 4; Ord. No. 330, Sec. 2a; Ord. No. 733, Sec. 1; Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1271, Sec. V, 6-2-03; Ord. No. 1354, Sec. 11, 11-4-08; Ord. No. 1367, Sec. 11, 4-6-10. c Maximum Height, Exception Notwithstanding any provision to the contrary contained in this Section 9225, when a lot in the R2 District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said R2 lot to a height to exceed Ordinance No. 1543 Page 11 two (2) stories, and/or thirty (30) feet, whichever is more restrictive, within fifty (50) feet of said RA, E4 or R1 zoned property, unless the Planning Agency shall grant a conditional use permit therefor. (Ord. No. 157, Sec. 4.5; Ord. No. 862, Sec. 2, 12-21- 81; Ord. No. 1524, Secs. 6, 10-12, 27, 8-16-22) SECTION 6. Subsection 2 of Subsection J of Section 9252 of Chapter 5 of Article 9 (Cultural Resource District) of the TCC is hereby amended and restated to read as follows (new text underlined; deletions in l: 2. Residential standards (a) Permitted uses: (1) All uses shall be permitted in the Cultural Resources Overlay District as are authorized in the underlying Residential District. (2) The City Council may also permit other nonlisted uses which support the purposes of the district as a conditional use followinq a public hearing and recommendation by the Planninq Commission. (3) R^�oQ. Accessory buildings used as guest quarters (b) Site development standards (applicable to creation of new lots only): (1) Minimum single-family lot size: 10,000 square feet. (2) Minimum multiple-family lot size: 15,000 square feet. Development of existing lots within the CR District may proceed consistent with the underlying residential zoning district. (Ord. No. 1207, Sec. 2, 11-16-98) (c) Repealed. PFehibited uses SECTION 7. Section 9297 of chapter 9 of Article 9 (Definitions) of the TCC is hereby amended to read as follows (new text underlined): "Guesthouse" means detached livinq quarters of a permanent type of construction and without kitchens or cooking facilities and whether or not wheFe-no compensation in any form is received or paid. Ordinance No. 1543 Page 12 "Guest Quarters" means an attached or detached buildinq or room that provides living quarters for quests and (a) contains no kitchen or cooking facilities; (b) is clearly subordinate and incidental to the principal residence on the same buildinq site; and (c) whether or+s not it is rented or leased. - "supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined in Section 50675.14 of the Health and Safety Code, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing, as defined in Section 65650, shall be a use by right in zones where multifamily and mixed uses are permitted, including non- residential zones permitting multifamily uses, as provided in Article 11 of Government Code (commencing with Section 65650) "transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. (Government Code Section 65582). Transitional housing shall be considered a residential use and shall be permitted subject only to those zoning regulations that apply to other residential dwellings of the same type in the same zone (Government Code 65583). Section 7. Subsection j of Section 9299 of Chapter 9 of Article 9 (Zoning Administrator) of the TCC is hereby amended to read as follows (new text underlined; deletions in l: 0) Accessory buildings used as guiest quiaReFS- SECTION 8. 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 9. 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. SECTION 10. 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 Ordinance No. 1543 Page 13 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 2024. AUSTIN LUMBARD, MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK Ordinance No. 1543 Page 14 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1543 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. 1543 was duly passed, and adopted at a regular meeting of the Tustin City Council held on the day of , 2024, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Yasuda, City Clerk Published: