HomeMy WebLinkAboutORD 1271 (2003) ORDINANCE NO. 1271
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9222.a.5 AND
9223.a.7; AMENDING SECTIONS 9224.b, 9225.a.2, 9226.a.1, and 9297;
AND REPEALING TUSTIN CITY CODE SECTIONS 9222.b.3, 9222.b.4,
9223.b.1, 9226.b.6, AND 9226.b.7 RELATING TO SECOND
RESIDENTIAL UNITS.
The City Council of the City of Tustin does hereby ordain as follows:
Section I.
The City Council finds and determines as follows:
A. That the proposed amendments to the Tustin City Code related to second
residential units have been prepared to provide standards for second
residential units consistent with State law.
B. That the Tustin City Code currently requires the approval of a conditional use
permit for the establishment of second residential units in several residential
zoning districts.
C. That California Government Code Section 65852.2(a)(3) requires that when a
local agency receives its first application on or after July 1, 2003, for a secon~
residential unit, the application shall be considered ministerially without
discretionary review or a hearing.
D. 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.
E. That California Government Code Section 65852.2(a)(1) allows local agencies
to provide that second units do not exceed the allowable density for the lot
upon which the second unit is located.
F. 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.
G. That on April 28, 2003, a public hearing was duly noticed, called, and held on
Code Amendment 03-003 by the Planning Commission. The public hearing
was continued to May 12, 2003, and the Planning Commission recommended
that the City Council approve Code 'Amendment 03-003 to provide standards
for second residential units.
H. That on May 19, 2003, a public hearing was duly noticed, called, and held on
Ordinance No. 1271
Page 2
Code Amendment 03-003 by the City Council.
I. That the proposed amendment is exempt from further environmental review
pursuant to the provisions of the California Environmental Quality Act (CEQA),
as found in Public Resources Code Section 21080.17.
J. That the proposed second residential unit provisions are reasonably necessary
to protect the health, safety, and welfare of the citizens of the City of Tustin.
K. That the proposed amendment will bring the City's requirements for the
establishment of second units into compliance with California Government
Code Section 65852.2.
L. 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 ali community residents.
Housing Element Policy 1.7 to allow second (attached/detached) units in
single- and multi-family districts, subject to land use policy and zoning
ordinance restrictions.
M. That the proposed parking requirement for a second residential unit of two
garage parking spaces is directly related to the use of the second residential
unit and is consistent with the existing requirement of two parking spaces for a
primary residential unit.
N. That the proposed parking requirement for a second residential unit of two
garage parking spaces shall not be satisfied though the use of tandem parking
because tandem parking is not permitted to satisfy required parking anywhere
else in the City of Tustin.
Section II. Sections 9222.b.3 and 9222.b.4 of the Tustin City Code are hereby
repealed in their entirety and new Section 9222.a.5 of the Tustin City Code is hereby
added to read as follows:
5. Second residential units
(a) Maximum height: 30 feet
(b) Minimum building site: 12,000 square feet
(c) Maximum overall lot coverage for all structures combined: 50 percent
Ordinance No. 1271
Page. 3
(d) Maximum lot coverage for the second residential unit: 30 percent of rear
yard and 30 percent of side yard
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for
attached unit
(f)Minimum front yard setback for off-street parking: 50 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: 10 percent of total lot area
(j) Minimum Off-street parking: Assigned two-car garage in addition to the
required parking for the primary single-family dwelling
(k)Driveways: Subject to Subsection 9271bb
(I) 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
(m) 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
(n) 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
(o) 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
(p) When the primary single-family dwelling would conform to the
development standards normally applicable to second residential units,
and the second residential unit is built between the primary single-family
dwelling and the front property line, the second residential unit shall be
subject to the development standards normally applicable to the primary
single-family dwelling
Section III. Section 9223.b.1 of the Tustin City Code is hereby repealed in its entirety,
Sections 9223.b.2 through 9223.b.4 renumbered accordingly, and new Section 9223.a.7
of the Tustin City Code is hereby added to read as follows:
7. Second residential units
(a) Maximum height: 30 feet
(b) Minimum building site: 12,000 square feet
(c) Maximum overall lot coverage for all structures combined: 50 percent
(d) Maximum lot coverage for the second residential unit: 30 percent of rear
yard and 30 percent of side yard
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for
attached unit
(f) Minimum front yard setback for off-street parking: 50 feet
Ordinance No. 1271
Page 4
(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: 10 percent of total lot area
(j) Minimum Off-street parking: Assigned two-car garage in addition to the
required parking for the primary single-family dwelling
(k) Driveways: Subject to Subsection 9271bb
(I) 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
(m) 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
(n) 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
(o) 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
(p) When the primary single-family dwelling would conform to the
development s~t_andards normally applicable to second residential units,
and the second residential unit is built between the primary single-family
dwelling and the front property line, the second residential unit shall be
subject to the development standards normally applicable to the primary
single-family dwelling
Section IV. Section 9224b (first paragraph) of the Tustin City Code is hereby amended
to read as follows:
b. Conditionally Permitted Uses
Any use permitted in any "R" District is permitted in the Planned Development
District (PD), subject to a use permit, except that second residential units are
not permitted and home occupations in accordance with this chapter are
allowed as outright permitted uses.
Section V. The title of Section 9225.a.2 of the Tustin City Code is hereby amended to
read as follows:
Duplexes or Detached Single-family Dwellings
Section VI. Section 9226.a.1 of the Tustin City Code is hereby amended to read as
follows:
Ordinance No. 1271
Page 5
1. All uses permitted in the R-2 District, subject to a use permit if required for the use
in an R-2 District.
(a) Maximum height: As specified in the R-2 District
(b) Minimum building site area: As specified in the R-2 District
(c) Minimum lot width at property line: As specified in the R-2 District
(d) Maximum lot coverage: As specified in the R-2 District
(e) Minimum landscape open space: 35 percent
(f) Minimum front yard setback: As specified in the R-2 District
(g) Minimum side yard setback: As specified in the R-2 District
(h) Minimum rear yard setback: As specified in the R-2 District
(i) Minimum lot area per family unit: 1,750 square feet
(j) Off-street parking: As specified in the R-2 District
(k) Driveways: Subject to Subsection 9271bb.
Section VII. Sections 9226.b.6 and 9226.b.7 of the Tustin City Code are hereby
repealed in their entirety.
Section VIII. The following definition is hereby added to Section 9297 of the Tustin City
Code:
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"Second Residential Unit" means a building or portion thereof designed for residential
occupancy on a lot developed with a legal conforming single-family dwelling.
Section IX.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason determined 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 by the City Council of the City of Tustin, at a regular meeting
on the 2nd day of June, 2003.
P~'~M~M~ Mayor
STOKER
City Clerk
Ordinance No. 1271
Page 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1271
PAMELA STOKER, 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 5; that the above and foregoing Ordinance No. 1271 was duly and
regularly introduced at a regular meeting of the Tustin City Council, held on the 19th day
of May, 2003 and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the 2nd day of June, 2003 by the following vote:
COUNCILMEMBERAYES: Worley, Kawashima, Bone, Davert, Thomas
COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
COUNCILMEMBER ABSENT: NONE
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City Clerk