HomeMy WebLinkAboutORD 1517 (2021) DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F
ORDINANCE NO. 1517
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING TUSTIN CITY CODE SECTIONS 9221 a1 , 9222a5, 9223a7, 9224b1 ,
9228a7, 9244d8, 9252j2, 9263g, 9264b8, 9271jj, 9297, and 9299b1 i AND ADDING
SECTION 9279 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING 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 Chapter 2 of Article 9 of the Tustin City Code (TCC) establishes allowable
uses of property within all zoning districts in the City.
B. That in 2016, the State Legislature adopted two (2) bills pertaining to accessory
dwelling units, Assembly Bill (AB) 2299 and Senate Bill (SB) 1069, which
modified Government Code Sections 68582.150 and 65852.2 and took effect
January 1 , 2017; in October 2017, the State Legislature approved two (2)
additional bills, AB 494 and SB 229, which further modified Government Code
Sections 68582.150 and 65852.2 (collectively, the "State ADU Law").
C. That an "accessory dwelling unit" or "ADU" is an attached or a detached
residential dwelling unit which provides complete independent living facilities
for one (1) or more persons. An ADU includes permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as a single-family
or multi-family dwelling.
D. That a "junior accessory dwelling unit" or "JADU" is a small residential dwelling
unit contained entirely within a single-family residence. A JADU may include
separate sanitation facilities, or may share sanitation facilities with the single-
family residence.
E. That during its 2019-2020 Regular Session the California Legislature approved
several bills modifying the State ADU Law, SB 13, AB 68, and AB 881
(Collectively, the "2020 Revisions to the State ADU Law").
F. That the State ADU Law necessitates amendments to the City's existing zoning
regulations relating to ADUs and JADUs.
G. That on October 26, 2021 , a public hearing was duly noticed, called, and held
by the Planning Commission on Code Amendment (CA) 2021-0001 relating to
ADUs and JADUs.
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H. That on October 26, 2021 , the Planning Commission adopted Resolution No.
4441 and recommended that the City Council adopt Ordinance No. 1517,
approving CA 2021-0001 .
I. That on November 16, 2021 , a public hearing was duly noticed, called, and
held on CA 2021-0001 by the City Council.
J. That the proposed ADU and JADU provisions are reasonably necessary to
protect the health, safety, and welfare of the citizens of the City of Tustin.
K. That the proposed amendments comply with California Government Code
Section 65852.2 and 65852.22.
L. That the proposed amendments are consistent with the Tustin General Plan in
that they comply with the following goals and policy:
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 commensurate with the City's identified
housing needs in the RHNA allocation.
Housing Element Policy 1 .2: to facilitate the development of ADUs and
JADUs as a means of dispersing affordable units throughout the
community.
SECTION 11. Section 9221(a)(1) of Part 2 of Chapter 2 of Article 9 of the Tustin City
Code (TCC) is hereby amended to read as follows (new text underlined; deleted text in
strikethrough):
1 . Single-family dwelling and associated accessory dwelling units and junior
accessory dwelling units (subject to the provisions set forth in Section 9279)
SECTION 111. Section 9222(a)(5) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikethrough):
5. ADUs and JADUs (subject to the provisions set forth in Section 9279927!jf).
SECTION IV. Section 9223(a)(7) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikethrough):
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7. ADUs and JADUs (subject to the provisions set forth in Section 9279
—
coo Con+inn 9252j2 for standards appliGablo to aGGessory dwelling i ini+s in the
SECTION V. Section 9224(b)(1) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (deleted text in strikethrough):
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).
SECTION VI. Section 9228(a)(7) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikethrough)-
7.
ADUs and JADUs, on lets devpmon+ wTi+h ono (1) siRgli family
d (subject to the provisions set forth in Section 92799271(jf).
SECTION VII. Section 9244(d)(8) of Part 4 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikethrough)-
8.
ADUs and JADUs, on lets devpmon+ wTi+h ono (1) siRgli family
d (subject to the provisions set forth in Section 92799271(jf).
SECTION VIII. Section 9252j2(a)(3) of Part 5 of Chapter 2 of Article 9 of the TCC is
hereby repealed in its entirety without replacement.
SECTION IX. Table 1 : Parking Requirements by Land Use of Section 9263(g) of Part 6
of Chapter 2 of Article 9 of the TCC is hereby revised by amending and restating the
parking requirements for ADUs to read as follows (new text underlined; deleted text in
strikethrough):
Land Use Type Parking Spaces Required
Residential Uses
ADUs One (1) space per unit or bedroom,
whichever is less, in addition to that
required for the primary dwelling.
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existing driveways.
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Off-street parking spaces are not required
to be replaced when an existing garage,
carport, or covered parking structure is
demolished in conjunction with the
construction of an ADU or converted to an
ADU.
Required open parking spaces may be
permitted in side or rear setback areas, or
through tandem parking on a driveway,
unless specific findings are made by the
Director that parking in setback areas or
tandem parking is not feasible based upon
specific site or regional topographical or
fire and life safety concerns.
Off-street parking is not required in the
following instances:
i. The ADU is located within one-half
mile walking distance of public
transit, including transit stations
and bus stations;
ii. The ADU is located within an
architecturally and historically
significant historic district including
without limitation the Cultural
Resource District;
iii. The ADU is part of the proposed or
existing primary residence or
existing accessory structure (i.e., a
Converted ADU);
iv. When on-street parking permits are
required but not offered to the
occupant of the ADU; and/or
V. When there is a car share vehicle
located within one block of the
ADU.
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JADUs No additional off-street parking is required
for a JADU beyond that required at the
time the existing primary dwelling was
constructed. However, when an existing
attached garage is converted to a JADU,
any required off-street parking spaces for
the primary dwelling that are eliminated as
a result of the conversion shall be
relaced.
SECTION X. Section 9264(b)(8) of Part 6 of Chapter 2 of Article 9 of the TCC is hereby
repealed in its entirety without replacement.
SECTION XI. Section 9271(jj) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby
repealed in its entirety without replacement.
SECTION XII. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended as follows:
a. The existing definition for "Accessory Dwelling Unit" is amended and
restated to read:
"Accessory Dwelling Unit" or "ADU" means an Attached or a Detached
residential dwelling unit that provides complete independent living
facilities for one (1) or more persons and is located on a lot with a
proposed or existing primary residence. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family or multi-family dwelling is or will
be situated. An ADU includes an "Efficiency Unit" and "Manufactured
Home" as defined by the Health and Safety Code.
b. A new definition for "ADU, Attached" is added to read as follows:
"ADU, Attached" or "Attached ADU" means an ADU, other than a
Converted ADU, that is physically attached to a primary dwelling.
c. A new definition for "ADU, Converted" is added to read as follows:
"ADU, Converted" or "Converted ADU" means an ADU that is
constructed within all or a portion of the permitted existing interior space
of an accessory structure or within a portion of the permitted existing
interior space of a dwelling, including bedrooms, attached garages,
storage areas, or similar uses. A Converted ADU also includes an ADU
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that is constructed in the same location and to the same dimensions as
a permitted existing structure or portion of a permitted existing structure.
d. A new definition for "ADU, Detached" is added to read as follows:
"ADU Detached" or "Detached ADU" means an ADU, other than a
Converted ADU, that is physically separated from, but located on the
same lot as, a primary dwelling structure.
e. A new definition for "ADU, Junior", "Junior Accessory Dwelling Unit" or
"JADU" is added to read as follows:
"ADU, Junior", "Junior Accessory Dwelling Unit" or "JADU" means a unit
that is no more than 500 square feet in size and contained entirely within
the walls of a proposed or existing single-family residence, including
attached garages. A JADU may include separate sanitation facilities or
may share sanitation facilities with the single-family residence.
f. A new definition for "Statewide Exemption ADU" is added to read as
follows:
"Statewide Exemption ADU" for purposes of ADU development means
an ADU of up to 800 square feet, sixteen (16) feet in height, and with
four (4) feet side and rear yard setbacks in compliance with all other
local development standards. A Statewide Exception ADU shall not be
precluded due to lot coverage, floor area ratio, open space, or minimum
lot size requirements.
g. A new definition for "Multiple Family Dwelling" is added to read as
follows:
"Multiple Family Dwelling" for the purposes of ADU development, a
structure with two (2) or more attached dwellings on a single lot is
considered a multi-family dwelling structure. Multiple detached single-
unit dwellings on the same lot are not considered multi-family dwellings.
h. A new definition for "Public Transit" is added to read as follows:
"Public Transit"for the purposes of ADU development, means a location,
including, but not limited to, a bus stop or train station, where the public
may access buses, trains, subways, and other forms of transportation
that charge set fares, run on fixed routes, and are available to the public.
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SECTION XIII. Section 9279 is hereby added to Part 7 of Chapter 2 of Article 9 of the
TCC to read in its entirety as follows:
9279 Accessory Dwelling Units and Junior Accessory Dwelling Units
A. Purpose. The purpose of this Section is to provide for the development of
accessory dwelling units (ADUs) and junior accessory dwelling units
(JADUs) in a manner consistent with State Law.
B. Conforming ADUs. An ADU that conforms to this Section shall:
1 . Be deemed an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located;
2. Be deemed a residential use that is consistent with the existing General
Plan and zoning designation for the lot upon which it is located; and
3. Not be considered in the application of any local ordinance, policy, or
program to limit residential growth.
C. Locations Permitted.
1 . Permitted ADU Locations. ADUs conforming to the provisions of this
Section may be located on any lot in the City zoned to allow single-family
and multi-family residential dwellings and that includes a proposed or
existing single-family or multi-family dwelling.
2. Permitted JADU Locations. JADUs conforming to the provisions of this
Section may be located within a proposed or existing single-family
dwelling on any lot in the City that is zoned to allow single-family
residential uses.
D. ADU Requirements.
1 . Legal Lot/Residence/Dwelling. An ADU shall only be allowed on a lot
that contains a proposed or legally developed existing single-family
residence or multi-family dwelling.
2. An ADU on a single-family lot shall be either:
(a) Attached to, or located within, the proposed or existing primary single-
family dwelling, including attached garages, storage areas or similar
uses, or an accessory structure; or
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(b) Detached from the proposed or existing single-family primary dwelling(s)
and located on the same lot as the proposed or existing primary
dwelling.
(c) Constructed within all or a portion of the permitted existing interior space
of a single-family accessory structure or within a portion of the permitted
existing interior space of a single-family dwelling, including bedrooms,
attached garages, storage areas, or similar uses.
3. Number of ADU Units Per Lot.
(a) Single-Family Lots. For lots with a proposed or existing single-family
dwelling, no more than one (1) Attached, Converted or Detached ADU
shall be permitted on the lot. In cases where both a new or converted
Detached ADU and JADU are developed or proposed on a lot, the total
floor area of the Detached ADU may not exceed 850 square feet.
4. Unit Size and Height.
(a) Maximum Size.
i. Attached ADUs. The total floor area of an Attached ADU shall not
exceed the following:
1 . Studio or One (1) Bedroom. (i) 850 square feet, or (ii) fifty (50)
percent of the floor area of the primary dwelling unit, whichever is
less; provided, however, that if the size of the primary dwelling unit
is less than 1 ,700 square feet, an Attached ADU may have a total
floor area of up to 850 square feet.
2. Two (2) or more bedrooms. (i) 1 ,200 square feet, or (ii) fifty (50)
percent of the floor area of the primary dwelling unit, whichever is
less; provided, however, that if the size of the primary dwelling unit
is less than 2,400 square feet, an Attached ADU may have a total
floor area of up to 1,200 square feet.
ii. Detached ADUs. The total floor area of a Detached ADU shall not
exceed the following:
1 . Studio or One (1) bedroom: 850 square feet.
2. Two (2) or more bedrooms: 1 ,200 square feet.
iii. Converted ADUs. The maximum size limitations set forth in this
Subsection do not apply to Converted ADUs that do not increase the
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existing floor area of a structure. In addition, a Converted ADU created
within an existing accessory structure may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the
existing accessory structure to the extent necessary to accommodate
ingress and egress.
(b) Minimum Size. The total floor area of an ADU shall be at least 220 square feet.
(c) Height - Single-family ADUs.
(a) Detached ADUs. Shall comply with the height limits set forth in the
respective zoning district.
(b) Attached ADUs. Shall comply with the height limits set forth in the
respective zoning district.
(c) Converted ADUs. Converted ADUs are not subject to a height limitation. A
proposed Converted ADU which undergoes a remodel that affects the
height shall comply with the height limits set forth in the respective zoning
district.
5. Applicability of Development Standards. Except as otherwise modified by this
Section or as otherwise provided by State Law, an ADU must conform to the
development standards applicable to the lot on which it is located as set forth
in this Article. Notwithstanding the foregoing, when the application of a
development standard related to, lot coverage, open-space, or minimum lot
size would prohibit the construction of an Attached or Detached ADU of at least
800 square feet, such standard shall be waived to the extent necessary to allow
construction of a Statewide Exemption ADU of up to 800 square feet.
6. Setbacks.
(a) Front Yard Setbacks. New Attached and Detached ADUs are subject to the
same minimum front yard setback requirements applicable to other
structures on the lot on which the ADU is located.
(b) Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4)
feet from the side and rear lot lines are required for new Attached and
Detached ADUs.
(c) Converted ADUs. No setbacks are required for Converted ADUs, provided
the side and rear yard setbacks of the existing permitted converted structure
are sufficient for fire and safety, as dictated by the current applicable
uniform building and fire codes.
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7. Exterior Access. An Attached or Converted ADU must have independent
exterior access from the proposed or existing primary dwelling.
8. Passageway. No passageway shall be required in conjunction with the
construction of an ADU. For purposes of this Subsection, "passageway" means
a pathway that is unobstructed clear to the sky and extends from a street to
one entrance of the ADU.
9. Porches and Patios.
(a) An Attached or Detached ADU may include an attached covered patio
and/or porch, which, if provided, shall be integrated into the design of the
ADU and shall not exceed 200 square feet in size.
(b) In no event shall the total combined area of an ADU and attached porch
and/or patio exceed 1 ,400 square feet.
10.Architectural Compatibility and Guidelines.
(a) The design, pitch, color, material, and texture of the roof and eave details
of an Attached or Detached ADU shall be substantially the same as the
primary dwelling.
(b) The color, material, and texture of all building walls, windows, and doors of
an Attached or Detached ADU shall be similar in materials, colors and
finishes to those on the primary dwelling.
(c) The architectural style and scale of an Attached or Detached ADU shall
complement the primary dwelling.
(d) To facilitate the development of ADUs in a manner that ensures reasonable
consistency and compatibility of design, the Director is authorized to
develop standard design plans and criteria for ADUs. ADUs developed in
conformance with such standard plans and criteria shall be deemed to
comply with this Subsection.
11 . Orientation of Detached Accessory Dwelling Structure. A detached accessory
dwelling unit shall be located behind the front building line of the primary
residence, so long as it does not prohibit the creation of a Statewide Exemption
ADU.
12.Multifamily Lots. In addition to the ADU requirements set forth in this Section,
the following requirements shall apply to lots with an existing multi-family
dwelling:
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i. Converted ADUs. One (1) or more converted ADUs may be
constructed within portions of existing multi-family dwelling
structures that are not used as livable space including but not limited
to, storage rooms, boiler rooms, passageways, attics, basements, or
garages, if each unit complies with state building standards for
dwellings. No converted ADUs may be constructed within the
existing livable space of a multi-family dwelling. The number of
ADUs permitted under this subsection shall not exceed twenty-five
(25) percent of the existing multiple-family dwelling units on the lot.
For the purpose of calculating the number of allowable accessory
dwelling units: (a) previously approved ADUs shall not count towards
the existing number of multifamily dwelling units; and (b) fractions
shall be rounded down to the next lower number of dwelling units,
except that at least one (1) converted ADU shall be allowed; or
ii. Detached ADUs. Not more than two (2) Detached ADUs may be
constructed on a lot with an existing multifamily dwelling subject to
height limits of sixteen (16) feet.
E. JADU Requirements.
1 . Footprint. A JADU may only be constructed within the walls of a proposed or
existing single-family residence, including an existing attached garage.
2. Size. A JADU shall not be less than 220 square feet and shall not exceed 500
square feet in size.
3. Separate Entrance. A JADU located within a proposed or existing single-family
residence must include a separate entrance from the main entrance of the
residence.
4. Kitchen Requirements. A JADU must include an efficiency kitchen, including a
cooking facility with appliances, and a food preparation counter and storage
cabinets that are of reasonable size in relation to the size of the JADU.
5. Bathroom Facilities. A JADU may include separate sanitation facilities or may
share sanitation facilities with the proposed or existing single-family residence
in which it is located.
6. Fire Protection. For purposes of any fire or life protection ordinance or
regulation, a JADU shall not be considered a separate new dwelling unit.
7. Utility Service. For purposes of providing service for water, sewer, or power,
including a connection fee, a JADU shall not be considered a separate or new
dwelling unit.
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8. Deed Restriction. Prior to the issuance of a building permit for a JADU, the
owner shall record a deed restriction against the title of the property in the
County Recorder's office with a copy filed with the Director. The deed
restriction shall run with the land and shall bind all future owners, heirs,
successors, or assigns. The form of the deed restriction shall be provided by
the City and shall provide that:
(a) The owner of the property shall occupy either the primary residence or the
JADU as his or her domicile. In the event owner occupancy of the property
ceases, the JADU shall not be used as a separate dwelling unit and shall
not be separately rented or leased for any purpose.
(b) The JADU may not be sold, mortgaged, transferred separately from the
primary residence; this deed restriction may be enforced against future
purchasers.
(c) A restriction on the size and attributes of the JADU that conforms with this
Section.
(d) The JADU may be rented, but may not be rented on a short-term basis of
less than thirty (30) consecutive days.
(e) The property shall include no more than one (1) JADU.
(f) The deed restriction may not be modified or terminated without the prior
written consent of the Director.
F. Other Requirements.
1 . No Separate Conveyance. Except as otherwise provided in Government Code
section 65852.26 or by other applicable law, an ADU or JADU may be rented
separate from the primary residence, but may not be sold or otherwise
conveyed separate from the primary residence, and a lot shall not be
subdivided in any manner which would authorize such separate sale or
ownership.
2. No Short-Term Rental Permitted. An ADU or JADU that is rented shall be
rented for a term that is longer than thirty (30) days. Short-term rental (i.e., 30
days or less) of an ADU or a JADU is prohibited.
3. Owner Occupancy Requirements.
(a) ADUs. Owner occupancy of either the primary dwelling or ADU is not
required.
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(b) JADUs. The property owner of the lot upon which a JADU is located must
occupy either the JADU or the primary residence as his or her domicile.
4. Historic Properties. An ADU or JADU 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.
(a) Windows, Doors and Character Defining Features for Historic Properties —
Converted ADU. Windows, doors and character-defining features for
historic properties that are original to the structure are required to be
retained, unless this requirement prevents creation of the accessory
dwelling unit.
(b) Separate Access. An ADU shall provide separate exterior access from the
existing primary residence. Entry doors cannot be on the same facade as
the entry door of the primary residence, unless this requirement prevents
creation of the ADU.
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(c) Site Planning - Detached ADU (New Construction ADU). A detached ADU
shall be located behind the rear building line of the primary residence, and
be clearly subordinate by location and size, so long as it does not prohibit
the creation of a Statewide Exemption ADU.
G. Permit Application and Review Procedures.
1 . Building Permit Required. A building permit is required prior to construction of
an ADU or JADU. Except as otherwise provided in this Section or by State
Law, all building, fire, and related code requirements applicable to habitable
dwellings apply to ADUs and JADUs.
(a) Fire sprinklers shall not be required if they are not required for the primary
dwelling.
(b) However, if the same primary dwelling undergoes significant remodeling
and is required to have fire sprinklers, any ADU created with or after the
remodel must likewise install fire sprinklers.
(c) For ADUs created on lots with multifamily residential structures, the entire
residential structure shall serve as the "primary residence" for the purposes
of this analysis. Therefore, if the multifamily structure is served by fire
sprinklers, fire sprinklers shall be required for the ADU.
2. Application. Prior to the issuance of a building permit for an ADU or JADU, the
applicant shall submit a building permit application to the City, along with all
information and materials prescribed by such application. No application shall
be accepted unless it is completed as prescribed and is accompanied by
payment for all applicable fees.
3. Review. The Director shall consider and approve or disapprove a complete
application for an ADU or JADU without discretionary review or public hearing
within sixty (60) days from the date the City receives a complete application,
when there is an existing single-family or multi-family dwelling on the lot.
Review is limited to whether the proposed ADU or JADU complies with the
requirements of this Section. If an applicant requests a delay, the time period
for the City to review of an application shall be tolled for the period of the
requested delay. If the application to create an ADU or a JADU unit is
submitted with an application to create a new single-family dwelling on the lot,
the Director may delay acting on the application for the ADU or the JADU until
the City acts on the application to create the new single-family dwelling, but the
application to create the ADU or JADU will still be considered without
discretionary review or a hearing.
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4. Zoning Conformity. The City shall not require, as a condition of approval of a
permit application for the creation of an ADU or JADU, the correction of non-
conforming zoning conditions.
5. Conformity with State Law. The City shall not apply any requirement or
development standard provided for in this chapter to an ADU or a JADU to the
extent prohibited by any provision of State Law, including, but not limited to,
subdivision (e)(1) of Government Code Section 65852.2.
H. Utilities.
1 . ADUs. Unless otherwise mandated by applicable law or the utility provider or
determined by the City's Public Works Director to be necessary, an ADU may
be served by the same water, sewer, and other utility connections serving the
primary dwelling on the property, and the installation of a new or separate utility
connection directly between an ADU and a utility is not required. However,
separate utility connections and meters for ADUs may be installed at the
property owner's option, when permitted by the utility provider, and subject to
the payment of all applicable fees.
2. JADUs. A JADU shall be served by the same water, sewer, and other utility
connections serving the primary single-family dwelling in which it is located,
and no separate utility meters shall be permitted for a JADU.
I. Fees.
1 . No impact fee is required for an ADU measuring less than 750 square feet. Any
impact fees charged for an ADU of 750 square feet of more shall be charged
proportionately in relation to the square footage of the primary dwelling.
2. Construction of an ADU is subject to any applicable fee adopted under the
California Government Code, Title 7, Division 1 , Chapter 5 (commencing with
§66000) and Chapter 7 (commencing with § 66012).
3. For purposes of this Subsection, "impact fee" does not include any planning
application fee, plan check fee, or building permit fee.
J. Interpretation. The provisions of this Section shall be interpreted to be consistent
with the provisions of Government Code Sections 65852.2 and 65855.22 and shall be
applied in a manner consistent with State Law.
SECTION XIV. Section 9299(b)(1)(i) of Part 9 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (deleted text in strikethrough):
Ordinance No. 1517
Page 15 of 17
DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F
(i) A decrease in the number of required off-street parking spaces for residential
land
,us�,es by a maximum of one (1) parking space. When an aGGesser„dwellingu�rRit�7e� aed uRdeF the PFGViSiGRS Gf SGGtiGR2 ` 23 parking shall
be OR QG }no with the Fowl iiromonto of this Cede
SECTION XV. Effective Date. This Ordinance shall take effect on the 31St 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 XVI. 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.
Approval of the Ordinance does not approve any development project. Approval of the
Ordinance would amend the Tustin City Code in accordance with the requirements of SB
13, AB 68, AB 881 and applicable Government Code Sections to streamline local
regulations for the construction of new Accessory Dwelling Units and Junior Accessory
Dwelling Units; Pursuant to Section 21080.17 of the California Public Resources Code,
CEQA does not apply to the adoption of an ordinance by a city to implement the provisions
of the State ADU Law.
SECTION XVII. 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.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin
on this 7th day of December, 2021 .
DocuSigned by:
LETT GT_4AR441..
Mayor
ATTEST:
DocuSigned by:
Ca ".S'
ERI ABY A,
City Clerk
Ordinance No. 1517
Page 16 of 17
DocuSign Envelope ID: 1OD6E27D-6C46-4B2A-8DC3-OD6774FA439F
APPROVED AS TO FORM:
DocuSigned by:
DAV E°cKENff G
City Attorney
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 five; that the above and foregoing Ordinance No. 1517 was duly and
regularly introduced at a regular meeting of the Tustin City Council, held on the 16th day
of November, 2021, and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the 7th day of December, 2021 , by the following vote:
COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
DocuSigned by:
`LV'iCa (�aStti�,a
ERIJqA1yA13LPDA,
City Clerk
Ordinance No. 1517
Page 17 of 17