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HomeMy WebLinkAboutPC RES 4491 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 6TH 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 folllows. 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 16th Cycle 201-2029 Housing Element of the General Plan (Housing Element). E. 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 1,5060(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. H. 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 9t' day of July 2024. ERIC HIGUCHI Chairperson iuqYiNA1. WILLKOM Planning Commission Secretary APPROVED AS TO FORM; MICF4AEL DAu.DT---- ---' Assistant City Attorney PC Resolution No,.4491 July 9, 2024 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, JUSTINA L. WILLKOM, the undersigned, hereby certify that II 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 9th day of July, 2024, PLANNING COMMISSIONER AYES,: D,outhit, Higuchi, Kozak, Mason (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Mello (J) JUSVNA 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 ART111CLE NINE (LAND USE) TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6 TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN (CODE AMENDMENT 20,24-0004), 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 6 th 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 1763791.1 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 2024-01004. SECTION 2. Section 9222(b)(2) of Chapter 2 of Article 91 of the TCC (Residential Estate District (E4)) is hereby amended to read as follows (new text underlined, deletions in StFike#*GQ0): 2, Accessory buildings (except in, the cultural resource district), used as g quaFteFs' er guest houses, prov idded where no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging 0 n the quest qua,Iters, or guest house, 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. (f) AceesseFy buildings used as 9,uest quaFters shall not be allowed on lots developed with an accessoFy (Ord. No. I A"70 , C-- 4 , - See. SECTION 3. Section 9223(b)(2) of Chapter 2 of Article 9 of the TCC (Single Family Residential (Rl)) is hereby amended to read as follows (new text underlined, deletions in StFik8thFGU0)- 2, Accessory builildlings (except in the cultural resource district) used as g quarters, OF guest houses, pFevided where no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging 11-1- or gluest house, subject to a recorded deed restriction Ordinance No., 1543 Pagie 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. (f) Aseessopy buildings used as guest quarters shall not be allowed-op,4ots devele 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 StFikethrougT1,T), 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 develo meat standards identified in Table, 1 of Section 9220 and/or as sr)ecified 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 ]a-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. Apartment houses. 3. Repealed. Bungalow-GEm#s- 4, Repealed. Condominiums (as defiRed in the Givil 'Qodelp 5. Repealed, GGmFnunity apartment projects (as defined in the B446�� and Prefessions Godley 6. Day care center (subject to Section 9271aa2). 7, Repealed. (Ord. No, 1524, Sec, 24, 8-16-22). & 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). e 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) d 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 929 pfGp" in the IRD Distric 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 PID 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 buiildings 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) g 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, E,4 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 determination of the required rear yard along that entire rear property line. (Ord. No. 175, Sec. 8) Ordinance No. 1543 Page 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 (11100) 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, 6-1-811 Ord. No. 906, Sec, 1, 2-21-84) 7. Repealed, (Ord. No. 573, Sec. 2; Ord. No. 9106, Sec. 2, 2-21-84, Ord. No, 1354, Sec. 11, 11-4-08�) 8. Subdivision, of property development under the district Ulpon completion of a property development in the PD District, no portion of the property involved in said development shall be severed or sold, unless said severed parcel and the development thereon complies with all provisions set forth for the PD District and is approved by the Director Ordinance No. 1543 Page 9 of Community Development prior to such subdivision. (Ord. No. 175, Sec,, 8; Ord, No. 906, Sec. 3, 2-21-84,7- Ord. No., 1524, Sec. 5, 8-16-22) 9. Repealed. (Ord. No. 12,40, 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 Tyy+CC is hereby amended and restated to read as follows (new text underlined',, deletions in strikethFeugh): 9225 DUPLEX RESIDENTIAL DISTRICT (R2) a Permitted Uses and Develliopment 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, unilless 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 and 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 ands/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_ sexes (single StFUGture): height: 35 feet. (b) Minimu,—,,, 'Buildfing site aFea: 7,200 square feet. (G) Mil-i—Um lot width at property line- 60 feet-. (d) Maximum lot coverage: 50 percent. (e) Minimum ftent Y.-Fd S kw--k: 20 feet, Minirnum-skle-yaFd setbaGk: fee CorneF 10t "I WO �� L interior lot line: 5 feet. Yard setbaGk-:��. (g) (i) Minimum lot area per family unit: 3,500 square 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 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 Ordinance No. 1543 Page 11 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 Prolects 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. 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. Boardling houses. (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. Ordinance No. 1543 Page 12 (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 boardingi 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. 1 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- 101 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. (d) Maximum lot coverage: 75 percent. (e) Minimum front yard: setback: Corner lot line: 10 feet; Ordinance No. 1543 Page 13 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. , Communi Development Distr4ct�. 5. 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 g (Cultural Resource District) of the TCC is hereby amended and restated to read as follows (new text underlined; deletions in stFike ugh).: 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 following a public hearing and recommendation by the Planning Commission. (3) Reserved.d. Accessory buildings used as guest quarters Ordinance No. 1543 Page 14 (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 CND District may proceed consistent with the underlying residential zoning district. (Ord. No. 1207, Sec. 2, 11-16-98) (c) Repealed. Prohibited uses AGGessory buildings used as guest quarters. SECTION 8. Section 91297 of chapter 9 of Article 9 (Definitions) of the TCC is hereby amended to read as follows (new text underlined): "Dwelling, Triplexes" means a sin gle,-.building,containingnot more than three housing units, on a single lot. "Guesthouse" means detached living quarters of permanent type of construction and without kitchens or cooking facilities and whether or not wbe-r-e P* 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 is not it is rented or leased, whether compensation is diFeGt oF indireGt. "Supportive Housing" means housing with no limit on length of stay, that is occupied by the,tar get 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 muffifam ily 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 Ordinance No. 1543 Page 15 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 sub ect onl to those zoning regulations that apply.to other residential dwellings of the same tVpe in the same zone,(Government Code 655831. 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 strikethro-ughl: 0) Accessory buildings u-sed 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. Ordinance No. 1543 Page 16 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 17 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 1 2024, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT Erica N. Yasuda, City Clerk Published: