HomeMy WebLinkAboutORD 1454 (2015) ORDINANCE NO. 1454
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE
SECTIONS 9252j2(a)(3) AND 9252j2(c) AND AMENDING
TUSTIN CITY CODE SECTIONS 9223a7 AND 9223b2
RELATING TO SECOND RESIDENTIAL UNITS IN THE
CULTURAL RESOURCE DISTRICT
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 on September 29, 2002, the Governor approved Assembly Bill 1866, which
amended Government Code Section 65852.2 to facilitate the provision of
affordable housing throughout California.
B. That on or after July 1, 2003, California Government Code Section
65852.2(a)(3) requires a local agency to consider second residential unit
applications ministerially without discretionary review or a hearing.
C. That California Government Code Section 65852.2(a)(1) allows local agencies
to impose standards on second units that include, but are not limited to, parking,
height, setback, lot coverage, architectural review, maximum size of a unit, and
standards that prevent adverse impacts on any real property that is listed on the
California Register of Historic Places.
D. That California Government Code Section 65852.2(a)(1) allows local agencies
to designate areas within the jurisdiction of the local agency where second units
may be permitted.
E. That on June 2, 2003, in anticipation of the July 1, 2003, implementation of the
newly adopted Government Code Section, the Tustin City Council adopted
Ordinance No. 1271 providing standards for second residential units.
F. That many property owners in Old Town have expressed the desire to have and
rent second residential units and accessory guest rooms in Old Town.
G. That all R1, R2, and R3 properties are eligible for accessory guest rooms, but a
conditional use permit and deed restriction are required.
H. That many property owners do not want deed restrictions related to occupancy
and cooking facilities placed on accessory guest rooms. In addition, property
owners are often desirous of accessory guest rooms with kitchens and to be
able to rent out the guest rooms.
Ordinance No. 1454
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I. That accessory guest rooms and other accessory buildings have been illegally
converted into second residential units.
J. That the City conducted public workshops on the subject of second residential
units in Old Town Tustin on February 20, 2013, March 12, 2013, and March 11,
2014.
K. That the Tustin City Code currently requires a minimum lot size of 12,000
square feet and a minimum of two (2) additional required garage parking spaces
for the establishment of a second residential unit in the Estate (E4) and Single
Family (R1) Residential Zoning Districts.
L. That the proposed amendments to the Tustin City Code related to second
residential units have been prepared to provide more flexible standards for
second residential units in the Cultural Resource (CR) District.
M. That the proposed code amendment would allow second residential units of up
to 600 square feet in size on R1 lots of any size within the CR District provided
they comply with minimum standards, while prohibiting new accessory buildings
to be used as guest quarters (i.e. no cooking facility or covered parking
provided).
N. That the size limit of 600 square feet is based on the unique historic
development pattern and character of Old Town and the size, shape, and
configuration of many of the properties and residences within the CR District.
Larger second residential units with multiple bedrooms within the CR District,
along with larger parking accommodations could compromise the unique
character of Old Town, and particularly its single family neighborhood.
O. That on February 24, 2015, a public hearing was duly noticed, called, and held
on Code Amendment 15-001 by the Planning Commission.
P. That on February 24, 2015, the Planning Commission continued consideration
of Code Amendment 2015-001 to March 24, 2015, to provide adequate time for
staff to provide an analysis based on alternative proposals from Commissioners
Altowaiji and Smith.
Q. That on March 24, 2015, the Planning Commission considered their advisory
role related to historic and cultural resources, adopted Resolution No. 4277, and
recommended that the City Council approve Code Amendment 15-001 to
provide more flexible standards for second residential units in the CR District.
The Planning Commission also expressed concerns pertaining to street parking,
residential privacy, and structures illegally converted into living quarters in Old
Town and requested that staff forward these concerns to the City Council for
consideration and direction.
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R. That on April 14, 2015, the Planning Commission approved the renumbering of
Resolution No. 4277 to Resolution No. 4280 to eliminate an inadvertent
duplication of resolution numbers.
S. That on April 21, 2015, a public hearing was duly noticed, called, and held on
Code Amendment 15-001 by the City Council.
T. That on April 21, 2015, the City Council continued consideration of Code
Amendment 2015-001 and the associated concerns of the Planning
Commission to May 5, 2015, to provide adequate time for staff to develop a
recommended approach to address the issue of parking in the CR District.
U. That the proposed code amendment is exempt from environmental review
pursuant to the provisions of the California Environmental Quality Act (CEQA),
as found in Public Resources Code Section 21080.17, which exempts local
ordinances regulating the construction of second residential units from CEQA.
V. That the proposed second residential unit provisions for the Cultural Resource
District are reasonably necessary to protect the health, safety, and welfare of
the citizens of the City of Tustin.
W. That the proposed amendments comply with California Government Code
Section 65852.2.
X. That the proposed amendments are consistent with the Tustin General Plan in
that they comply with the following goals and policies:
Land Use Element Goal 4 to assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
Housing Element Goal 1 to provide 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.
Housing Element Policy 1 .8 to allow second (attached/detached) units in
single- and multi-family districts consistent with the Tustin City Code.
Y. That the proposed parking requirement for second residential units in the
Cultural Resource (CR) District of one (1) garage or carport parking space is
directly related to the use and size of the second residential unit and is
appropriate for the Cultural Resource District where additional garage spaces
may negatively impact the character of the historic district.
Ordinance No. 1454
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Section 2. Section 9223a7 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code
is hereby amended to read as follows (new text underlined):
Second Residential Units (see Section 925212 for standards applicable to
Second Residential Units in the Cultural Resource District.)
Section 3. Section 9223b2 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code
is hereby amended to read as follows (new text underlined):
Accessory buildings (except in the Cultural Resource District) used as
guest quarters, provided no cooking facility is installed or maintained,
subject to a recorded deed restriction approved by the City.
Section 4. Section 9252j2(a)(3) of Part 5 of Chapter 2 of Article 9 of the Tustin City
Code is hereby added to read as follows (new text underlined):
3. Second Residential Units
(a) Maximum height: 30 feet
(b) Minimum building site: none
(c) Maximum overall lot coverage for all structures combined: 50 percent
(d) Maximum lot coverage for the second residential unit: none
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached
unit
(f) Minimum front yard setback for off-street parking: 20 feet
(g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 5 feet
(i) Maximum floor area of second residential unit: 50 percent of primary single-
family dwelling, not to exceed 600 square feet.
(j) The second residential unit shall be consistent with the architectural style,
materials and color of the primary single-family dwelling and shall not
detract from the single-family appearance of the primary single-family
dwelling.
(k) The second residential unit shall not cause a substantial adverse change, as
defined in California Public Resources Code Section 5020.1, in the
significance of any real property that is listed in the California Register of
Historic Places or the City of Tustin Historical Resources Survey.
(I) The second residential unit shall be constructed concurrently with, or
subsequent to, the primary single-family dwelling, which shall be
conforming or brought into conformance with the Tustin City Code.
(m)All entrances to the second residential unit shall be to the rear of the primary
single-family dwelling and shall not be visible from the public right-of-way.
(n) When the new residential unit is built between the existing single-family
dwelling and the front property line, the rear unit must comply with the
provisions of this Section.
Ordinance No. 1454
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Section 5. Section 9252j2(c) of Part 5 of Chapter 2 of Article 9 of the Tustin City
Code is hereby added to read as follows (new text underlined):
(c) Prohibited Uses
Accessory buildings used as quest quarters.
Section 6. The parking requirement for Second Residential Units is hereby amended
in Table 1 of Section 9263 of Part 6 of Chapter 2 of Article 9 of the Tustin
City Code to read as follows (new text underlined; deleted text in
strikeout):
Second residential units Outside the Cultural Resource
District: 2 spaces, within a garage,
in addition to that required for the
primary single-family unit.
Within the Cultural Resource
District: 1 space, within a garage or
carport, in addition to that required
for the primary single-family unit.
Section 7. The following definition in Section 9297 of Part 9 of Chapter 2 of Article 9
of the Tustin City Code is hereby amended to read as follows (new text
underlined):
"Second Residential Unit" means a building or portion thereof designed for
residential occupancy on a lot developed with a legal conforming or legal
nonconforming single-family dwelling.
Section 8. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held 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, sentence, clause, phrase, or
portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid
or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this 15th day of September, 2015.
CHARLES E. PUCKETT,
Mayor
Ordinance No. 1454
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ATTEST:
Ird,
JEFFRt f C PARKER,
City C"I
APPROVED AS TO FORM:
rTh
DAVID E. K iIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1454
I, Jeffrey C. Parker, 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. 1454
was duly and regularly introduced and read by title only at the regular meeting of the
City Council held on the 5th day of May, 2015, and was given its second reading,
passed and adopted at a regular meeting of the City Council held on the 15th day of
September, 2015, by the following vote:
COUNCILPERSONS AYES: Puckett, Nielsen, Gomez, Murray, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
JEFFR• I . PARKER,
City/Cldrk
Ordinance No. 1454
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