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HomeMy WebLinkAbout16 CODE AMENDMENT 2024-0004 (ORDINANCE NO. 1543)Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 Agenda Item 16 AGENDA REPORT Reviewed: Initial City Manager Q� Finance Director N/A MEETING DATE: SEPTEMBER 17, 2024 TO: ALDO E. SCHINDLER, CITY MANAGER FROM: JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR 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 2024-0004 is a City -initiated request to amend various sections of Article 9 (Land Use) of the Tustin City Code 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 City Council conduct first reading of Ordinance No. 1543, by title only, for Code Amendment 2024-0004 and set second reading to the next available Council meeting. ENVIRONMENTAL REVIEW: The proposed Code Amendment 2024-0004 is not subject to the California Environmental Quality Act 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. Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 City Council Agenda Report Ordinance Updates Relative to the Implementation of the Housing Element CA 2024-0004 September 17, 2024 Page 2 FISCAL IMPACT: There is no fiscal impact associated with this report. CORRELATION TO THE STRATEGIC PLAN: This project furthers Strategic Plan Goal A: Economic and Neighborhood Development #15: Create affordable and workforce housing options. The Housing Element was adopted to achieve an adequate supply of safe and affordable housing for all economic segments of the community. By implementing Housing Element programs, Goal A, #15 is furthered. APPROVAL AUTHORITY: Tustin City Code (TCC) Section 9295(g) authorizes the City Council to act on a proposed Code Amendment. If approved, the Ordinance would go into effect thirty (30) days following adoption by the Tustin City Council. BACKGROUND: The City's 2021-2029 6t" 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. Planning Commission Action on July 9, 2024 On July 9, 2024, the Planning Commission held a public hearing to discuss Code Amendment (CA) 2024-0004. In advance of the hearing, the Planning Commission recommended that staff update draft Ordinance No. 1543 to include a definition for the triplex housing type and to remove the conditional use permit (CUP) requirement to develop condominiums, community apartment projects, and stock cooperatives when developed pursuant to the criteria of the Planned Development (PD) District. An updated version of Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 City Council Agenda Report Ordinance Updates Relative to the Implementation of the Housing Element CA 2024-0004 September 17, 2024 Page 3 Ordinance No. 1543, incorporating these suggestions, was provided at the hearing as an addendum to the agenda report, and the Commission ultimately adopted Resolution No. 4491, recommending that the City Council adopt Ordinance No. 1543, as amended. 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, the TCC requires approval of a CUP 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. 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 California Environmental Quality Act (CEQA) analysis and removing the requirement for conditional use authorization, or other similar discretionary entitlements, granted by the Planning Commission/City Council. • 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 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 City Council Agenda Report Ordinance Updates Relative to the Implementation of the Housing Element CA 2024-0004 September 17, 2024 Page 4 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; e) The developer replaces any pre-existing dwelling units on the site of supportive housing development, as provided; and 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. CA 2024-0004 includes updates to the TCC in compliance with the above programs and new Housing Law, including adding a definition for the triplex housing type and removing the CUP requirement for condominiums, community apartment projects, and stock cooperatives when developed pursuant to the criteria of the Planned Development (PD) District. Additional revisions to the TCC may be necessary as the City brings the TCC in compliance with various new Housing Laws. Consistency with the City of 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. Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 City Council Agenda Report Ordinance Updates Relative to the Implementation of the Housing Element CA 2024-0004 September 17, 2024 Page 5 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 HEARING NOTICE: A one -eighth (118) page public notice was published in the Tustin News on September 5, 2024, informing the public of the City Council public hearing for the proposed CA 2024- 0004. In addition, the public notice was posted at Tustin City Hall, the Tustin Library, and the Tustin Area Senior Center. CONCLUSION: The proposed CA 2024-0004 would be consistent with the City's Housing Element of the General Plan; therefore, Staff recommends that the City Council adopt and have first reading, by title only, of Ordinance No. 1543, amending various sections of Article 9 (Land Use) relating to streamlining the development of housing, defining transitional and supportive housing, and other housing -related updates. Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 City Council Agenda Report Ordinance Updates Relative to the Implementation of the Housing Element CA 2024-0004 September 17, 2024 Page 6 Prepared by: Jorge aldolado, Associate Planner Approved by: Ra rraga , Principal Planner - ",AV" Ju 'na L. Willkom Community Development Director Attachments: 1. Planning Commission Resolution No. 4491 2. Planning Commission Minutes — July 9, 2024 3. Ordinance No. 1543 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 1:14:16 11101111111 10411111110101 11561 WEISS 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 fo[lows: 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 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 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 A I iuqYiNA1. WILLKOM Planning Commission Secretary MICF4AEL DAuDT---�', Assistant City Attorney Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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, M A, WMI ik"M 0,11 JUSVNA L. WILLKOM Planning Commission Secretary D,outhit, Higuchi, Kozak, Mason (4) Mello (J ) Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 F*JNMHWLLq-q[L9 LOA 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 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. 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 giiesY 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. NOW NY A rA 1,01, WW. Wpm W, W, 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 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. - WE 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 StFikethrougThT), 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 develomeat standards identified in Table, 1 of Section 9220 and/or as sr)ecified in this Chapter. 2. Bungalow courts. 3, Condominiums (as defined in the Civil Code). Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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) i7al-11001-1 4'ws.n-af, M-11' i Mr.111111"Min Q "Ke - ,. Repealed, GGmFnu *"II JKII '66 and Prefessions Gedey 6. Day care center (subject to Section 9271aa2). 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). 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) Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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) Z 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 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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) _1111111111 11�111 11 111 loll 11111111111 !1111 111 l�"I !1I III ll� IIIII �ililill 1111111 111111 1 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 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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) Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 Orde No. 15i43 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 R "I =04 Z I � I •I I V; ff I (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, 6-1-81; 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 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 TCC is hereby amended and restated to read as follows (new text underlined',, deletions in strikethFeugh): 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. Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. 11 =.=Zia Lkmnr.� M. T-MF4IK"K Mfg L-A UWL012��IWMMW 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 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. 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. 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. Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. 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- 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; Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. Gendemin� ms (as defined in Civil Code), Communi Development Distr4ct�- 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 stFikethFGugh): 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. Accessory buildings used as guest quarters Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 Ordinance No. 1543 Page 14 (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 CIS District may proceed consistent with the underlying residential zoning district. (Ord. No. 1207, Sec. 2, 11-16-98) 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 occupiedby 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 muffifarn 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 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 311t 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. Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. ATTEST: SEEM Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 Ordinance No. 1543 Page 17 STATE OF CALIFORNIA ) COUNTY OF ORANGE SS. CITY OF TUSTIN 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 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING JULY 9, 2024 7:00 p.m. CALLED TO ORDER. Given. PLEDGE OF ALLEGIANCE: Commissioner Kozak Present ROLL CALL: Commissioners Kozak, Mason, Mello, Chair Pro Tern Douthit & Chair Higuchi Absent Commissioner Mello Schindler City Manager, Aldo Schindler introduced himself to the Commission. The Commission welcomed City Manager, Aldo Schindler. PUBLIC INPUT: Hurtado Hurtado confirmed there was no public input. CONSENT CALENDAR: 1.. APPROVAL OF MEETING MINUTES—JUNE 25, 2024 RECOMMENDATION: That the Planning Commission approve the Minutes of the June 25, 2024 Planning Commission meeting, as provided. Hurtado Hurtado confirmed there was no public input received on the Consent Calendar. Motion. It was moved by Mason, seconded by Kozak, to approve the Consent Calendar, as provided. Motion carried 4-0-.1. PUBLIC HEARING: Adopted Reso. 2. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (DA) 2022-0002 No. 44.92. APPLICANT: EMILIE SIMARD OF INTRACORP TUSTIN 40 DEVELOPMENT LLC 895 DOVE STREET, SUITE 400 Minutes — Planning Commission Meeting — July 9, 2024 — Page 1 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 NEWPORT BEACH, CA 92660 PROPERTY OWNER: TUSTIN 40 DEVELOPMENT LLC 411 15TAVENUE SOUTH, SUITE 650 SEATTLE, WA 98104 LOCATION: 17802 AND 17842 IRVINE BOULEVARD REQUEST: A request for the first amendment to Development Agreement (DA) 2022- 0002, an agreement between the City of Tustin and Tustin 40 Development LLC, for the "The Jessup" residential project. The proposed amendment is a request to eliminate owner's requirement to pay for the Voluntary Workforce Housing Incentive Program In -Lieu Fee in conjunction with the project. ENVIRONMENTAL: The Community Development Department has evaluated the request and determined it to be exempt pursuant to the California Environmental Quality Act ("CEQA") section 15061(b) (3) of the State CEQA Guidelines as it can be seen with certainty thatthere is no possibility of a significant effect on the environment. J RECOMMENDATION: Thatthe Planning Commission adopt Resolution 4492, recommending that the City Council adopt Ordinance No. 1544 for the first amendment to DA 2022-0002, an agreement between the City of Tustin and Tustin 40 Development LLC, to eliminate the requirement to pay for the Voluntary Workforce Housing Incentive Program In -Lieu Fee in conjunction with the "The Jessup" residential project located at what was previously 17802 and 17842 Irvine Boulevard and which is currently under construction. Carver Carver provided a presentation to the Commission. She mentioned one email was received by staff requesting the notice be described in simplified terms, due to the complex nature of the request. Carver provided an email response to the individual, who lives in the Palm Wood Condominiums next door to the project site. Douthit Douthit asked Carver to read the simplified response to the individual. Minutes -- Planning Commission Meeting — July 9, 2024 — Page 2 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 Carrier In response to Douthit's question, Carver stated a simplified response was emailed to the individual (she did not have the email correspondence at the dais) and the individual did not respond to Carver's response email. Mason Mason also asked Carver to simplify the project requestto the Commission as well as what the impact to the City would be once the in -lieu fees are eliminated. Willkom Willkom explained, in great detail, to the Commission what is being asked of the applicant. The proposed project is located outside of the DCCSP. At the time the project was submitted, the City and the developer agreed with the terms of the development agreement which included the provision of affordable housing and payment of in -Lieu fees. The requirements mirror what was required in the DCCSP and the total amount of affordable housing and provisions of the in -lieu fee mirror the requirement under the Voluntary Workforce Housing Ordinance. Subsequent to the approval, the City Council adopted the policy which would suspend the provision of the housing in -Lieu fee temporarily for 36 months. The objective of that policy is to stir development and to incentivize development within the Specific Plan areas. Following that policy adoption, Intracorp requested that the City extend the elimination of the payment in -lieu fee fortheir project, which is why the item has been brought to the Commission. Staff will need to amend the approved Development Agreement to remove the provision. Past payment of in - lieu fees has been ear -marked for Families Forward project (six to eight affordable housing units) which is forthcoming. Higuchi Higuchi commented on the City Council's recent approval of in -lieu fees being eliminated for the KB Home, He asked Willkom for the reason why the in -lieu fees were taken back to the City Council for elimination. Willkom In response to Higuchi's question, Willkom stated the reason KB Home projectwas brought back to the City Council was due to the KB Home project being approved prior to the adoption of the new policy. Hurtado Hurtado confirmed no public input was received on this item. Masan Mason made favorable comments regarding the item. Douthit Douthit made favorable comments towards the applicant. Overall, his final comments included, in general• he did not feel the City needs to impose unnecessary fines or fees regardless if they are in -Lieu or mirror something close to the area; the City needs to build more housing; Higuchi Higuchi's final comments generally included: he was supportive of staff's recommendation; not in favor of housing in -lieu fees; concerned with the impact of Minutes — Planning Commission Meeting — July 9, 2024 — Page 3 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 the Voluntary Indusionary Housing ordinance; commended Intracorp on this project; he asked Emilie on the number of units remaining to be sold. Applicant In response to Higuchi's last question, Emilie Simard stated there are 10 for -sale units remaining in the community. Intracorp has released 3.5 production phases of the released units with a few left to sell. Motion: It was moved by Kozak, seconded .by Douthit, to adopt Resolution No, 4492, as provided. Motion carried 4-0-1. AdoptedReso. 3. CODE AMENDMENT 2024-0004 (ORDINANCE NO. 1543) — No. 4491, as (ORDINANCE UPDATES RELATIVE TO THE IMPLEMENTATION OF THE amended. 6T" CYCLE 2021-2029 HOUSING ELEMENT) 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 atl 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. ENVIRONMENTAL. 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. RECOMMENDATION: Minutes — Planning Commission Meeting — July 9, 2024 -- Page 4 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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, Maldonado Presentation given. Mason Mason asked what the impacts of this item would be to the City if the recommended action were to be approved. Willkom In response to Mason's previous question, Willkom stated TCC residential zoning originally came from the County Code — over the years certain sections have been updated and certain sections remain the same. In the R2 and R3 Districts, triplexes require approval of a CUP. A CUP generally was intended to regulate operational characteristics of uses (i.e. CUP for restaurants, the City may regulate the hours of operation or how live entertainment would be provided). Triplexes are permanent land use and the City cannot revoke approved CUP or remove triplexes once they are built. In addition, the recommended action is consistent with State law where HCD is asking the City to allow residential development meeting certain criteria by right, subject to objective design standards. Hurtado Hurtado confirmed no public comments received on this item. The Commission, collectively, was in support of the item presented. Motion: It was moved by Mason, seconded by Douthit, to adopt Resolution No. 4491, as amended. Motion carried 4-0-1. Received & 4. DEVELOPMENT STANDARDS IN THE DOWNTOWN COMMERCIAL filed. CORE & RED HILL AVENUE SPECIFIC PLANS FOR MULTI -FAMILY RESIDENTIAL PARKING AND PRIVATE STORAGE On December 5, 2023, the City Council was provided an assessment of the Downtown Commercial Core Specific Plan (DCCSP) and the Red Hill Avenue Specific Plan (RHASP). The assessment was prepared by Economic Planning Systems (EPS), Inc., and identified potential plan revisions that would remove barriers to development and would better align the plans with the existing real estate market. The Council received and filed the report, and directed staff to bring the recommended policy actions back to the City Council for individual consideration and action. Minutes — Planning Commission Meeting — July 9, 2024 — Page 5 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 Two considerations presented by EPS included (1) a reduction in the number of parking spaces required for multi -family residential development, and (2) changes to the amount of private storage required for dwelling units. This report provides an assessment of these two potential actions. Staff will receive feedback and incorporate the Commissions feedback in Specific Plan Amendments (SPA), which wiLL be brought back to the Commission and Council for final action. RECOMMENDATION: That the Planning Commission: 1. Receive and file this staff report; 2. Discuss potential revisions to multi -family residential parking requirements in the DCCSP and RHASP; 3. Discuss potential revisions to multi --family residential private storage requirements in the DCCSP and RHASP; and 4. Provide feedback on changes to DCCSP and RHASP development standards. Eastman Eastman provided a presentation to the Commission. Mr. Gabriel Mr. Groen joined the meeting via Zoom. He voiced his support on eliminating Groen parking mandates and to consider removing parking requirements entirely. The Commission deLiberated and discussed, in great detail, staff's recommendations. Commission The Commissioners each asked questions regarding the application of parking and private storage standards and expressed opinions and concerns. Douthit Douthit agreed that tandem parking should be allowed without discretion. He would like to eLiminate public parking requirements completely. Douthit expressed that even if there is no minimum parking requirement, developers will provide parking they feel is needed for their project. He thinks that the City should eLiminate the requirement for private storage space, and instead allow developers the option to provide private storage space as part of their private open space requirement. Minutes — Planning Commission Meeting — July 9, 2024 — Page 6 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 Kozak Kozak expressed a concern with the changes in the minimum private storage space requirement. He was concerned that residents would not have places to store large items if developers are not providing storage area. But he agreed that the City should not dictate private open space. Kozak stated that he thinks the parking requirement recommendation in the staff report is reasonable and he supports it. He also supported allowing tandem parking. Mason Mason stated that the City has a parking situation. She said that while she also does not want the City to mandate parking, she Lives two blocks away from a street that gets parked with over 100 cars a night. She wants to attract developers, but the City needs to deal with the reality that we Lack public transit to support the elimination of a parking requirement. Mason supported staff's recommendation to scale parking requirements to the size of the unit, similar to what Other cities provide. She expressed concern with larger multi -bedroom multi -unit projects because the City currently has parking problems. Mason supported tandem parking. She does not believe that the City should require developers to build private storage areas. Higuchi Higuchi identified four types of housing that is likely to occur in the two specific plans: big 150+ unit multi -family development; affordable multi -family development; boutique small multi -family developments; and for -sale single- family townhome development. Higuchi stated that big and affordable projects will use density bonus Law to reduce their parking requirements, so changing the standard does not impact them. Higuchi said he is supportive of a new standard to support small boutique multi -family development on small parcels, which is often done by small entrepreneurial developers. Higuchi wants to encourage for -sale housing because multi -family (apartments) are not currently viable in the current economic market. He supported staff's recommendation regarding parking revisions, including allowing tandem. Higuchi did not support private storage area requirements. The item was received and filed. STAFF CONCERNS: Willkom WiLLkom did not have any concerns. COMMISSION CONCERNS: Mason Mason did not have any concerns. Kozak Kozak commended the Parks and Recreation department for the Concerts in the Park series. Minutes — Planning Commission Meeting -- July 9, 2024 — Page 7 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 Douthit Douthit requested that Code Enforcement staff address the issues with residents parking on lawns, sidewalks (specifically near Red Hill Avenue and Bryan Avenue, and Pine Tree and Pepper Tree Parks). Higuchi Higuchi echoed Kozak's favorable comments with regards to the Concerts in the Park. He also commended staff again for Historic Preservation Week. 9:03p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, July 23, 2024. ERIC HIGUC Chairperson 4JUSNA"WUKOM Planning Commission Secretary Minutes — Planning Commission Meeting — July 9, 2024 — Page 8 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 6th 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 remove the CUP requirement for residential uses in all zones, among other housing -related updates. 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 Ordinance No. 1543 Page 1 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 September 17, 2024, a public hearing was duly noticed, called, and held by the City Council for 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 strikethro gh): 2. Accessory buildings (except in the cultural resource district) used as g o�+ quarters,-er guest houses, provided where no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging ir, the guest quarters 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. 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 strikethFo iivh): 2. Accessory buildings (except in the cultural resource district) quarters guest houses, provided where no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging ,n the guest quarters er guest house, subject to a recorded deed restriction Ordinance No. 1543 Page 2 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. ei . . A 1-MRS 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 strikethro irrh): 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 3 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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) PAWL -0 -• M.. .. 3. Repealed. 6lJRgalGW GGUFtS. 5. Repealed. Community 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). s 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 4 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 9294c, property ORthe PD DistriG 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 5 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. II, 11-4-08) 7. Repealed. (Ord. No. 1354, Sec. II, 11-4-08) 8. Repealed. (Ord. No. 1354, Sec. II, 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, E4 or R1 Ordinance No. 1543 Page 6 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 7 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. II, 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 8 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 strikethre „rh): 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. Ordinance No. 1543 Page 9 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 (h) Minimum lot area per family unit: 3,500 square feet. 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 Triplexes (si�e StF6l tl4Fe- • 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 Ordinance No. 1543 Page 10 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 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 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. Ordinance No. 1543 Page 11 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. (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. Ordinance No. 1543 Page 12 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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; 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. ApaFtMeRt • developed, or to be developed, pursuaRt tG the Griteria of the PlaRRed Development ■ 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 strikethro irrh): 2. Residential standards Ordinance No. 1543 Page 13 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 (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. 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 uses 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 where 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_. ; whether G0MpeRsatiE)R is direct er iRdireGt Ordinance No. 1543 Page 14 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 "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 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 strikethFo irvh): 0) Accessory buildings used as guest q artoro SECTION 10. 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 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 15 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 17t" day of September 2024. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: 7� Z'179 DA 1E37KEND I G, City Attorney Ordinance No. 1543 Page 16 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1544 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 17t" day of September, 2024; a printed copy was made available to the public prior to the meetings and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2024 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Ordinance No. 1543 Page 17 of 17 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 6th 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 remove the CUP requirement for residential uses in all zones, among other housing -related updates. 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 Ordinance No. 1543 Page 1 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 September 17, 2024, a public hearing was duly noticed, called, and held by the City Council for 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: 2. Accessory buildings (except in the cultural resource district) 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: 2. Accessory buildings (except in the cultural resource district) 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. Ordinance No. 1543 Page 2 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 (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: 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). 4. Community apartment projects (as defined in the Business and Professions Code). c 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 Ordinance No. 1543 Page 3 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 (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. 3. Repealed. 4. Repealed. 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). 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) 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, 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, Ordinance No. 1543 Page 4 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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) f Development Standards 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 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. Ordinance No. 1543 Page 5 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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) 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 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 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 Ordinance No. 1543 Page 6 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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) 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) Ordinance No. 1543 Page 7 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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, 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: 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 Ordinance No. 1543 Page 8 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. 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 Ordinance No. 1543 Page 9 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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 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 Ordinance No. 1543 Page 10 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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. Boarding 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. (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. Ordinance No. 1543 Page 11 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 (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. (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. 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. Ordinance No. 1543 Page 12 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 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: 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) 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. SECTION 8. Section 9297 of chapter 9 of Article 9 (Definitions) of the TCC is hereby amended to read as follows: "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 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 not it is rented or leased. Ordinance No. 1543 Page 13 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 "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 9. Subsection j of Section 9299 of Chapter 9 of Article 9 (Zoning Administrator) of the TCC is hereby amended to read as follows: (i) Accessory buildings SECTION 10. 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 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 14 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 17t" day of September 2024. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: DA F37KENDIG, City Attorney Ordinance No. 1543 Page 15 of 16 Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1544 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 17t" day of September, 2024; a printed copy was made available to the public prior to the meetings and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2024 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Ordinance No. 1543 Page 16 of 16