HomeMy WebLinkAboutORD 1479 (2017) ORDINANCE NO. 1479
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE
SECTIONS 9252jj AND 9288x7 AND AMENDING TUSTIN
CITY CODE SECTIONS 9222x5, 9222b2, 9223x7, 9223b2,
9224b1 , 9244d8, 9252j2, 9263g, 9264b, 9297, and 9299b1(i)
RELATING TO ACCESSORY DWELLING UNITS.
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 No. 1866,
which amended Government Code Section 65852,2 tc facilitate the provision of
affordable housing throughout California.
B. That on September 27, 2016, the Governor approved Assembly Bill No_ 2299,
which further amended Government Code Section 65852.2; and Senate Bill No_
1069, which also amended Government Code Sections 655821, 65583.1,
65589.4, 65852.150, and 66412.2, to facilitate the provision of affordable
housing throughout California.
C. That Assembly Bill No. 2299 provides that any existing accessory dwelling unit
ordinance that does not meet the requirements of Assembly Bill No. 2299 is null
and void upon the date the bill becomes effective. In such cases, a jurisdiction
must approve accessory dwelling units based on Government Code Section
65852.2 until the jurisdiction adopts a compliant ordinance.
D. That California Government Code Section 65852.2(a)(3) requires a local
agency to consider accessory dwelling unit applications ministerially without
discretionary review or a hearing.
E. 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.
F. That California Government Code Section 65852,2(a)(1) allows local agencies
to designate areas within the jurisdiction of the local agency where accessory
dwelling units may be permitted.
G. That on June 2, 2003, in anticipation of the July 1, 2003, implementation of the
newly amended Government Code Section, the Tustin City Council adopted
Ordinance No. 1479
Page 1 of 12
H. Ordinance No. 1271 providing standards for second residential units on lots of
at least 12,660 square feet in size in the Estate (E4) and Single Family (R1)
Residential Zoning Districts. aw
I. 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, in response to the desire of many property owners in Old Town to have
and rent second residential units and accessory guest rooms in Old Town.
J_ That on September 15, 2015, the Tustin City Council adopted Ordinance No.
1454 to allow second residential units of up to 600 square feet on all
residentially zoned lots in the Cultural Resource (CR) District regardless of lot
size to provide more flexible standards for second residential units in the CR
District.
K. That the size limit of 600 square feet in the CR District 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 (accessory) 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
L_ That the proposed code amendment would: 1) continue to allow new accessory
dwelling units of up to 600 square feet in size on any residentially zoned lot in
the CR District regardless of lot size; 2) allow new accessory dwelling units on
residential lots of at least 10,060 square feet in size in other residential areas of
the City; and, 3) allow new accessory dwelling units within existing single-family
dwellings and existing accessory buildings in all single-family zones, pursuant to
State law.
M. That on February 28, 2017, a public hearing was duly noticed, called, and held
on Code Amendment 2617-602 by the Planning Commission.
N. That on February 28, 2017, the Planning Commission adopted Resolution No.
4337, and recommended that the City Council adopt Ordinance No. 1479,
approving CA 2017-002 relating to accessory dwelling units.
O. That on March 21, 2017, a public hearing was duly noticed, called, and held on
Code Amendment 2017-002 by the City Council.
P. 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 (or accessory
dwelling) units from CEQA.
Ordinance No. 1479
Page 2 of 12
Q. That the proposed accessory dwelling unit provisions are reasonably necessary
to protect the health, safety, and welfare of the citizens of the City of Tustin.
R. That the proposed amendments comply with California Government Code
Section 65852.2.
S. 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 socia-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,
Section 2, Section 9222x5 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code
is hereby amended to read as follows (new text underlined; deleted text in
strikeout):
Accessory dwelling SeGond re ir{entiai units (subject to the provisions set forth in
Section 9271 mi):
( MaximUrn hgLl �� fon}
(b) Minimum rrrumrr buildiRgSite: 12,000 square feet,
(d) Maxim6lm lot nosier e f }ho s nnrl residential i raft- 'fin Wont of rem
rcn���r�r—n'7c v�vrrcr- re•rvcrr�'vrTcar
yard and 39 percent ef side yam
t fV4-.
(f�f)Min�mUm f n t yard retb aGk for off-street parking: 50 feet.
(9) Minimi im side ■ and setb-Gk+
G0FR lr Int line,• 1 fl fee-ti
,1TRteri Ione: 5 feet-.
( ') MiRiMUM-Fearyard se `'`' . 5 feet.
Ordinance No. 1479
Page 3 of 12
ARY SGGE)Rd residential unit shall be Gensistent with the arrhiteeti 0+kll�
and G019F Of the primafy single family dwelling and shall no
detract frorn the single-fammly Of the primary single-famil
SigRific;anGe E4 aRY F8al propeFty that is listed in the Galifernia Register of
HiSt
[� Any
FOG OPlaGc6 or theGit.. o�f�}Tu,stii�n1S14-Ili StWii(Gal L7r1l�cour-Gas Survey-. }1n �.r
1') n �-serr,L�Prsc resirdentlal iii A Ti�plll be co fstl�l/�1-+l�+�I-I�y�rrTi4 TQc�i)ilrre/�1�1rtly—shall
Ifw.ith--, -off
l�1lh D!'f11Dnt 'Ce 'ITS- rimary sllTgi'Gd`fL77T 111TTy dwell fR g,wh Gh shall b
c,o�—ov�ht4Rte-sen€ofma-^TG�-_ w+th the T amity Gede.
n_rtranl\oeTppn-y co OlRd Fe�SideRtTia"l Zunit shall be ilocated toward tha_rear
af4he-p-r4ma4 -fam'Iy dwellin and shall not be .,fie tri,-nfe iE
'rte`
Fight of-way-.
(n) W h�len trl�,/+oma r I n 1e-f��+4- wetting-w9u 1d riv_zo of a rn ►rev-tr'-e_devek�� rA
stOfT�daFdrS ReFIAall�' a licableo-seGo"nd Fesiir,C>Gntial units,
and the SeGGRTG
ocirYonti l ++n i} iL hi. }tnt.nrnon th�r7Y�nsf� Ili^
fc�c�-rcrtatT-un t ;s h tilt-betw tirr the pr11'1 tde
fFent Clperty lino the seGonrt rtic+irl�ntial unit shall ho �-s bjeG-rtt trr-���
VpGTCT-1TfTG-, �r..aVTT�1'V�Y IL�P7�TTTr--v7TTPT1-fir_-__ _J_ -' '._
d-evelepment-stn ofd-s--normally--appt+E;:ihlp o -tai,--pr+mar s.Nle-farndy
d. lel
1
Section 3. Section 9222b2 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code
is hereby amended to read as follows (new text underlined-, deleted text in
strikeout):
Accessory buildings used as guest quarters or guest houses, provided no
cooking facility is installed or maintained and no compensation in any form is
received in exchange for lodging in the guest quarters or quest house, subject
to a recorded deed restriction approved by the City.
(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.
r
Ordinance No. 1479
Page 4 of 12
(f) Accessory buildings used as guest quarters or guest houses shall not be
allowed on lots developed with an accessory dwelling unit,
Section 4. Section 9223x7 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code
is hereby amended to read as follows {new text underlined; deleted text in
strikeout}
Accessory dwelling SeGend reLirier+i� units (sublect to the provisions set forth
in Section 9271i - see Section 9252j2 for standards applicable to accessory
dwelling secend e kle4*,a; units in the Cultural Resource District): (QF No
Maximu
1 1 'mi i height: 30 feet.
(b) Minimum building �e' 12,900 cv squaFe feces
(G) Maximum overall let G9 -GtUFeS GembiRed', 50 PE?FGent,
yard and 30 PeFGent of side yafd-.
(f) Ai.Um .
Fent�_ rd seth4aGk for off skeet parkinn• 50 fent,
[g) MiRimwn -side yard tbaG4- :
C r er int lino 10 feet-,
IRt9F or let line: 5 feet
!hl Mini i ism or yawl etbat7 r-5TCCr
Ii1 ARY cernrr r�nf}tial-mit-s a4-bAe— en-&i-5trecrnst wit a-r-�turall_ style,
male4al&—a-n -�9IoF
et a r tie S+r 4e-fa ll-�{3�cE 9f the -pr+naaFy---s4,A e n*y
(k) Any SeGORd residential unit shall net rause a substan'"I Ghange,
as defined in California Pubk ReseyFc;es Gede SeGfien 5020.1, in the
H'steriG PlaveSstorrthe Gity of TUStiRT istorir-1 0 n`c�n�ii�r-e3 Survey.
es'dentmal. i un+t�all_he r•nnc+ri irierl 6ORGi arra
y � r�cry -c+ ��zvr rte.uc cc�x wr rva-r�.n#y—wFth,$F
sit to the mar single-fa ..11y dwell!Rg, whiGh -he
Gonfo minr`rrge -ho Fe "'hc��conkDrn rmncr'rrnrce ■",iF h th Teo'-,,nor ty Gede.
n. r. I.gla familydwellll,inr,_-and shall not visiblefFern the p blir right
Ordinance No. 1479
Page 5 of 12
(n) when ng e Family dwelliRg WOU'd E049FFA to the
and
1
if! in �Xuilt between the pFiFflaF 5ingle fa"
residential
s
��,_Jp r� r idr�l7Ul Ui 1
dwe!Hn
1
UPP
single falmily
Section 5. 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; deleted text in
strikeout):
Accessory buildings (except in the cultural resource district) used as guest
quarters or guest houses, provided no cooking facility is installed or maintained
and no compensation in any form is received in exchange for lodging in the
quest quarters or quest house, subject to a recorded deed restriction approved
by the City.
(a) Maximum height: 25 feet.
(b) Maximum lot coverage: 34 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: 1❑ feet;
Interior lot line: 5 feet.
(e) Minimum rear yard setback: 5 feet
f Accesso buildings used as guest quarters shall not be allowed on lots
developed with an accessory dwelling unit
Section 6. Section 9224b1 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code
is hereby amended to read as follows (new text underlined; deleted text in
strikeout):
Any use permitted or conditionally permitted in any residentially zoned
district is conditionally permitted in the Planned Development District (PD)
(except accessory dwellingSeGGRd residential units are not permitted).
Section 7. Section 9228a7 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code
is hereby added to read as follows (new text underlined):
7. Accesso dwellin_q units on lots developed with one 1 single-family
dwelling submect to the provisions set forth in Section 9271
Ordinance No. 1479
Page 6 of 12
Section 8. Section 9244d8 of Part 4 of Chapter 2 of Article 9 of the Tustin City Code
is hereby added to read as follows (new text underlined):
8. Accessory dwelling units, on lots developed with one (1) single-family
dwelling (subject to the provisions set forth in Section 927110).
Section 9. Section 9252j2(a)(3) of Part 5 of Chapter 2 of Article 9 of the Tustin City
Code is hereby amended to read as follows (new text underlined; deleted
text in strikeout):
Accessory dwelling units not within existing _single-
family dwellings or existing accessory buildings, subject to a recorded
deed restriction approved by the Citi
(a) Maximum height: 25 30 feet.
(b) Minimum building site: None.
(c) Maximum overall lot coverage for all structures combined: 50
percent.
(d) Maximum lot coverage for the accessory dwelling seEend
f&&4en}unit: None.
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for
attached unit.
(fes Minimum front yaFd_,setbarL fgr off-E#eet n _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 accessory dwelling seGORd resk o"#a4-unit:
50 percent of primary single-family dwelling, not to exceed 600
square feet.
(j) The accessory dwelling seGORd ;eside4al 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 accessory dwelling Se69Rd-resideRTial 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.
(1) The accessory dwelling second eS Aent,tial unit shall be constructed
concurrently with, or subsequently to, the primary single-family
Ordinance No. 1479
Page 7 of 12
dwelling, which shall be conforming or brought into conformance
with the Tustin City Code.
(m) All entrances to the accessory dwelling seGePA_rno�rntral unit shall MW
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.
a An accessory dwelling unit shall not be allowed on a lot develo ed
with an accesso building used as guest quarters ora guest
house.
A maximum of one 1 accessory dwelling unit shall be allowed Per
building site.
Section 10. The parking requirement for Accessory Dwelling Units is hereby added in
Table 1 of Section 9263g 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):
()u+r.ide the G It gyral reso FGe
d+Stis 12 gage spaces per unit or
bedroom, whichever is greater, in
addition to that required for the
primary single-family unit
Within the GUItUral{eso irnn r 6tFiGt:
Accessory dwellin
roti units
addition to that rani sired fer the
primaFy sin-le family ung
i
Required parking spaces for
accessory dwelling units may be
tandems aces and within side vard
and/or rear yard setback areas but
not blocking access to a required
arae parking space and not within
front yard setback areas. exce ton
existing driveways
See Section 9271 il for exceptions to
the parking requirements for
accesso dwelling units.
.W
Ordinance No. 1479
Page 8 of 12
Section 11. Section 9264b8 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code
is hereby added to read as follows (new text underlined; deleted text in
strikeout):
The adjusted decrease is not associated with the addition of an accessory
dwelling seGo d ;esidentiaf unit as authorized inr�-_t.o,A Is 22- aP -92-2-3
of this Code.
Section 12. Section 9271 jj of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is
hereby added to read as follows (new text underlined):
ii Accessory dwelling units (see Section 925212 for standards applicable to
accessory dwelling units in the Cultural Resource District that are not within existing
single-family dwellings or existing accessory buildings). A maximum of one (1}
accessory dwelling unit shall be allowed per building site.
(a) Accessory dwelling units not within existing single-family dwellings or existing
accessory buildings, subject to a recorded deed restriction approved by the City
(1 ) Maximum height: 25 feet.
(2) Minimum building site: 19,000 square feet.
(3) Maximum overall lot coverage for all structures combined: 50 percent.
(4) Maximum lot coverage for the accessory dwelling unit: 30 percent of rear
yard and 30 percent of side yard_
(5) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached
unit.
(6) Minimum side yard setback:
Corner lot line: 10 feet.
Interior lot line: 5 feet.
(7) Minimum rear yard setback: 5 feet.
(8) Maximum floor area of accessory dwelling unit: 50 percent of primary
single-family dwelling, not to exceed 10 percent of total building site area.
(9) Any accessory dwelling 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.
(10)Any accessory dwelling 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.
Ordinance No. 1479
Page 9 of 12
1 I)Any accessory dwelling unit shall be constructed concurrently with or
subsequent to the primasingle-familydwelling, which shall be
conforming or brought into conformance with the Tustin City Code.
12 All entrances to a ny accesso ry dwe H ing unit shall be located toward the rear
of the rima single-family dwelling and shall not be visible from the public
right-of-way.
13 When the primary single-family dwelling would conform to the develo ment
standards normally applicable to accessory dwelling units and the
accessory dwelling unit is built between the primary single-family dwellin
and the front property line the accessory dwelling unit shall be submect to
the development standards normally applicable to the primary single-family
dwelling.
14 An accessory dwelling unit shall not be allowed on a lot developed with an
accessory building used as quest quarters ora quest house.
b Accesso dwelling units within existing single-family dwellings or existing
accessory buildings, submect to a recorded deed restriction approved by the Cit
(1 ) Independent exterior access shall be provided.
2 Side and rear setbacks shall be sufficient for fire safet .
I
c No parking shall be required for the accessory dwelling unit in any of the }
r.�
following circumstances:
1 The accessory dwelling unit is within the Cultural Resource District.
2 The accessory dwelling unit is within one-half 112 mile of public transit.
3 The accessory dwelling unit is within one 1 block of a car share area.
(4) The accessory dwelling unit is within an existing single-family dwelling or
existing accessory building.
d All building code provisions shall apply unless otherwise exempted by State
law.
Section 13. The following definitions in Section 9297 of Part 9 of Chapter 2 of Article 9
of the Tustin City Code are hereby added or amended to read as follows
(new text underlined; deleted text in strikeout):
"Accessory Dwelling Unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons. It shall include permanent provisions for living, sleeping,
r
Ordinance No. 1479
Page 10 of 12
eating, cooking, and sanitation on a lot developed with a legal conforming
or legal nonconforming single-family dwelling, and if rented, must have a
minimum rental term of thirty (30) days.
"Public Transit" means bus stops with headways of thirty (30) minutes or
less during peak hours and train stations.
'!3 -ReSideRtlal I Init mo n�n�n�_h,,ilrlinn nr r*f# thereof d 8 gRed fO
residential use of_a-4ot -deve aped--wok}--a tegat Confer of--4e ,- !
nnnrnnfr,rrninry SiRgle family dwefipp !Ord- 271 , S�i£��T 6_7_03'
Ord.No 1-429-, :0, 5 21—13: � � � .14 5 4,._SeG.7, 44555-)
Section 14. Section 9299b1(i) of Part 9 of Chapter 2 of Article 9 of the Tustin City
Code is hereby added to read as follows (new text underlined; deleted text
in strikeout):
A decrease in the number of required off-street parking spaces for
residential land uses by a maximum of one (1) parking space. When an
accessory dwelling SeGGRd reskle, unit is being added under the
provisions of Section 9222 or 9223, parking shall be in accordance with
the requirements of this Code these sego .
44)8)
Section 15. Section 9271 jj of Part 7 of Chapter 2 of Article 9 of the Tustin City Code
shall also apply to accessory dwelling units on single family residential
sites within Specific Plan Area 1 (Marine Corps Air Station, Tustin,
Specific Plan) and Specific Plan Area 8 (East Tustin Specific Plan).
Section 16. 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 4th day of April, 2017.
DR. ALLAN BERNSTEIN,
Mayor
Ordinance No. 1479
Page 11 of 12
ATTE T.
.i
ERICA N. RABE,
City Clerk
APPROVED AS TCF RM:
A I D G,
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN
CERTIFICATION FOR ORDINANCE NO. 1479
Erica N. Rabe, 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. 1479 =6
was duly and regularly introduced and read by title only at the regular meeting of the
City Council held on the 2151 day of March, 2917, and was given its second reading,
passed and adopted at a regular meeting of the City Council held on the 4th day of April,
2917, by the following vote:
COUNCILMEMBER AYES: Re (5)
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED: [
COUNCILMEMBER ABSENT:
ERICA N. RABE,
City Clerk
MEN
Ordinance No. 1479
Page 12 of 12