HomeMy WebLinkAboutORD 0892 (1983) ORDINANCE NO. 892
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 83-2
TO THE ZONING ORDINANCE AUTHORIZING SECOND
4 RESIDENTIAL UNITS IN THE E-4 AND R-3 DISTRICTS
AND ESTABLISHING CRITERIA
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The City Council of the City of Tustin, California does hereby
6 ordain as follows:
7 I. The City Council finds and determines as follows:
8 a. That Section 65852.2 of the Government Code of the
State of California (Planning and Zoning Law) authorizes
9 the creation of second units in single-family and
multi-family residential zones and areas may be
10 designated within the City where second units are
permitted.
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b. That the designation of areas for second units may
12 be based on criteria and development standards may be
imposed.
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c. That a public hearing was duly called, noticed and
14 held on the proposed amendment to the Zoning Ordinance.
15 d. The City Council hereby makes the following findings
of fact:
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1. Local residential units within the E-4 District and
17 the R-3 District do not exceed the allowable density
for the lot on which it is located and that second
18 units are a residential use consistent with the
existing General Plan and zoning designations for the
19 lot.
20 2. The authorization of second residential units will
provide partial accommodation of the housing needs '
21 specified in the Regional Allocation Housing Model to
be incorporated in revisions of the Housing Element
22 of the Tustin Area General Plan.
23' 3. The 80-foot frontage and 10,000 square foot lots of
the E-4 District can accommodate residential units
24 without adverse impacts upon the density or
neighborhood amenities of the E-4 District as related
25 to parking accommodations and lot coverage.
26 4. Second units within the R-3 District are in
eonformance with density and development standards
27 and lot coverage.
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Ordinance No, 8~-
Page 2
1 5. Pursuant to Section 21080 (b)(17) of the Public
Resources Code of the State of California, the
2 creation of a second residential unit is exempt from
the requirements of the California Environmental
3 Qual i ty Act.
I 6. The creation of second units in residential districts
other than E-4 and R-3 will adversely impact the
5 community due to the limited lot frontage available
for on-street parking, the absence of on-site lot
6 width to accommodate parking requirements and
set-backs from. adjoining structures, constricting of
7 adequate light and air spaces for adjoining
residential structures, and the potential for hazards
8 to health and safety due to restricted accessibility
to second units where existing properties are
9 developed with minimum si deyard setbacks.
10 7. The protection of the amenities of a residential
district authorized second unit can be assured by a
11 public hearing, use permit, and the application of
criteria and development standards for the second
12 residential units.
II. The City Council hereby approves .an amendment to the Zoning
li Ordinance (Ordinance 157) and the Tustin City Code as
fol 1 ows:
15 9222 RESIDENTIAL ESTATE DISTRICT (E-4)
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ae
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b. Conditional ly Permitted Uses and Development Standards
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3. Detached second residential units when the lot is developed
21 with a single-family residence subject to a use permit and
the following criteria:
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23 a. Maximum lot-coverage: 30 percent of rear yard;
b. Minimum front yard setback: 50 feet
24 c. Minimum side yard setback: corner lot line-lO feet,
interior lot line-5 feet;
25 d. Minimum rear yard setback: 5 feet;
e. Maximum floor area: 650 square feet;
26 f. Parking requirement: I covered space (carport or garage)
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Ordinance No. 8(" "~
Page 3
1 h. Consistency of second unit with materials and' design of
primary unit;
2 i. The applicant for a permit and occupant of one of the
dwel 1 i ng units shal 1 be an owner-occupant and such
3 restriction of occupancy shall be recorded on the
property deed.
4. Attached second residential units when lot is developed with
5 a single-family residence subject to a use permit and the
fol 1 owl ng cri teri a:
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a..The unit shall be attached to an existing residence and
7 a part of the living area of the existing dwelling;
b. The added unit shall not exceed 10 percent of the gross
8 floor area of the existing inhabitable living area,
excl udi ng garages and accessory bui 1 di ngs;
9 c. Parking requirement: One (1) covered space (carport or
garage) in addition to the two (2) garage spaces
10 required for the primary residential unit;
d. The applicant for a permit and occupant of one of the
11 dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
12 property deed.
13 9266 MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-3)
14 a .....
15 b. Conditionally Permitted Uses and Development Standards
16 6. Detached second residential unit when the lot is developed
with a single-family residence subject to a use permit and the
17 following criteria:
18 a. Maximum lot coverage: 30 percent of rear yard;
b. Minimum side yard setback: corner lot line-lO feet,
19 interior lot line-5 feet;
c. Minimum rear yard setback: 5 feet;
20 d. Maximum floor area: 650 square feet;
e. Parking requirement: 1 covered space (carport or garage)
21 f. Consistency of second unit with materials'and design of
primary unit;
22 g. llinimum front yard setback: 50 feet
h. The applicant for a permit and occupant of one of the
23 dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
24 property deed.
25 7. Attached second residential units when lot is developed with
a single-family resident subject to a use permit and the
20 following criteria:
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Ordinance No. 8~_
Page 4
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a. The unit shall be attached to an existing residence and
2 a part of the living area of the existing dwelling;
3 b. The added unit shall not exceed 10 percent of the gross
floor area of the existing inhabitable living area,
I excluding garages and accessory buildings;
5 c. Parking requirement: One (1) Covered space (carport or
garage) in addition to the two (2) garage spaces
6 required for the primary residential units;
? e. The applicant for a permit and occupant of one of the
dwelling units shall be an owner-occupant and such
8 restriction of occupancy shall be recorded on the
property deed.
9
PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
10 held on the l5th. day of August , 1983.
12 Ronal d B. Hoesterey, May~r
13 ATTEST:
16 Ma'~y w_y~n ~' ~'~
city ci~erk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
MARY E. WYNN, 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. 892 was duly and regularly introduced and read at a regular meeting
of the City Co~il held on the 1st day of August, 1983, and was given its second
reading and duly passed a'nd ado~d at a regular meeting held on the 15th day of
August, 1983, by the following vote:
AYES : COUNCILPERSONS: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
NOES : COUNC I LPERSONS: None
ABSENT: COUNCILPERSONS: None
PUBLISHED SUMMARY IN TUSTIN NEWS:
August 11, 1983
August 25, 1983