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HomeMy WebLinkAboutSUPPLEMENTAL ITEM NO. 3 ORD 1543 i -00."T ,�Li S Inter-Com DATE: JULY 9, 2024 TO: PLANNING COMMISSION FROM: JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: REVISIONS TO AGENDA ITEM NO. 3: ORDINANCE NO. 1543 Staff made revisions to Ordinance No. 1543 (Exhibit A to Resolution No. 4491), a recommendation that the City Council adopt Ordinance No. 1543, amending various sections of Article 9 (Land Use) of the Tustin City Code (TCC) to implement the certain programs of the City's adopted Housing Element of the General Plan. Attached to this memo is the revised Ordinance 1543 (redlined pages only). The revisions do the following: • Adds a definition for the Triplex housing type to Section 9297 of the TCC; and • Revises TCC Section 9226 removing the CUP requirement for Condominiums (as defined in the Civil Code), Community Apartment Projects (as defined in the Business and Professions Code), and Stock Cooperatives (as defined in the Business and Professions Code) when developed, or to be developed, pursuant to the criteria of the Planned Development District. The revisions do not change staff's technical analysis or findings contained in Resolution No. 4491. Attachment: Exhibit A of Resolution 4491 (Redlined) Ordinance No. 1543 Page 11 undeveloped), no main building shall be erected on said R2 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 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. Section 9226 of Chapter 2 of Article 9 of the TCC (Multiple Family Residential R3) is hereby amended to read as follows (new text underlined; deletions in strikethrough): a Permitted Uses and Development Standards In the Multifamily Residential District (R3), 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 R2 District, subject to the development standards specified in the R2 District, unless otherwise listed. (a) Minimum landscape open space: 35 percent. (b) Minimum lot area per family unit: 1,750 square feet. 2. Multiple family dwellings, apartment houses. 3. Accessory building normally incidental to any of the above. This shall not be construed as permitting any commercial use or occupation other than those specifically listed. (a) Maximum height: 25 feet. 4. Condominiums (as defined in the Civil Code), Community Apartment Projects as defined in the Business and Professions Code), and Stock Cooperatives (as defined in the Business and Professions Code) when developed, or to be develo edpursuant to the criteria of the Planned Development District. 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 Multiple Family Residential District (R3) 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 R2 District, subject to the development standards specified in the R2 District, unless otherwise listed. (Ord. No. 1524, Sec. 6, 8-16-22) 2. Boarding houses. Ordinance No. 1543 Page 12 (a) Maximum height: 2 stories or 35 feet. (b) Minimum building site:. 7,500 square feet. (c) Minimum lot width at property line: 70 feet. (d) Maximum lot coverage: 75 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: 25 feet. (h) Minimum common open space for boarding houses: Three hundred (300) square feet per boarding or rooming house and fifty (50) square feet per occupant. Common open space shall consist of unenclosed or partially enclosed areas set aside for passive and active recreational uses. Common open space shall not include driveways, parking areas, or required front and side yard setback areas. (i) Minimum private open space for boarding houses: Twenty-five (25) square feet per occupant. Private open space shall consist of partially enclosed areas set aside for passive and active recreational uses that are assigned to individual occupants and/or rooms, such as private patios or balconies. 3. Community centers, social halls, lodges, clubs. (a) Maximum height: 30 feet. (b) Minimum building site: 20,000 square feet. (c) Minimum lot width at property line: 100 feet.. (d) Maximum lot coverage: 40 percent. (e) Minimum front yard setback: 25 feet, unless otherwise indicated on Zoning Map. (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. (g) Minimum rear yard setback: 20 feet. 4. Rest homes, extended care facilities, convalescent hospitals, and sanitariums: (a) Maximum height: 40 feet. (b) Minimum building site: 7,500 square feet. (c) Minimum lot width at property line: 70 feet. Ordinance No. 1543 Page 13 (d) Maximum lot coverage: 75 percent. (e) Minimum front yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. (g) Minimum rear yard setback: 10 feet. 5. Repealed. ode i s(as defined iFi the Gi„il Gede), ,Or Tt r eyelepmeRt QiStFiGt 6. Professional office use: (a) Maximum height: 40 feet. (b) Minimum building site: 7,000 square feet. (c) Minimum lot width at property line: 70 feet. (d) Maximum lot coverage: 75 percent. (e) Minimum front yard setback: 15 feet (unless otherwise indicated on Zoning Maps). (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. (g) Minimum rear yard setback: 10 feet. SECTION 7. 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 stFikethraj o : 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. Ordinance No. 1543 Page 14 (2) The City Council may also permit other nonlisted uses which support the purposes of the district as a conditional use following a public hearing and recommendation by the Planning Commission. (3) pawed. 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. Prohibited-Hses ,Arceessery buildings used as guest qu teFs SECTION 8. Section 9297 of chapter 9 of Article 9 (Definitions) of the TCC is hereby amended to read as follows (new text underlined): "Dwelling, Triplexes" means a single building containing not more than three housing units on a single lot. "Guesthouse" means detached living quarters of a permanent type of construction and without kitchens or cooking facilities and whether or not were no compensation in any form is received or paid. "Guest Quarters" means an attached or detached building or room that provides living quarters for guests and (a) contains no kitchen or cooking facilities; (b) is clearly subordinate and incidental to the principal residence on the same building site; and (c) whether or+s not it is rented or leased. ; in"hether GeMpens7tinn is diront nr ind'F8Gt - "Supportive Housing" means housing with no limit on length of stay, that is occu iedby 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 housingim rovin 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 Ordinance No. 1543 Page 15 right in zones where multifamily and mixed uses are permitted, including non- residential zones permitting multifamilV uses as provided in Article 11 of Government Code (commencing with Section 65650 ransitional ousinq" 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 9 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 stF'kethF0 ghl; 0) Accessory buildings used as guest quarters SECTION 10. Effective Date. This Ordinance shall take effect on the 315t 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 11 . 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 12 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 , 2024.