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HomeMy WebLinkAboutORD 1535 (2023)______________________ Ordinance No. 1535 Page 1 of 17 ORDINANCE NO. 1535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE (TCC) SECTIONS 9112 AND 9121(a), AND ADDING TCC SECTION 9126 RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND AMENDING TCC SECTIONS 9279 AND 9297 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (CODE AMENDMENT 2023-0003) 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 the State Density Bonus Law (Government Code Sections 65915-65918) requires local agencies to grant a density bonus and other development incentives, concessions, and waivers, when affordable housing units are provided in connection with a development project. B. That Chapter 1 of Article 9 of the Tustin City Code (TCC), which contains provisions for density bonus and development incentives, concessions, and waivers for affordable housing, was last updated in October of 2022 with the adoption of City Council Ordinance No. 1528. C. That during its 2021-2022 Regular Session, the State Legislature approved two (2) bills modifying the State Density Bonus Law, Assembly Bill (AB) 1551 and Assembly Bill (AB) 682 (Collectively, the “2022 Revisions to the State Density Bonus Law”). D. 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 dwelling. E. 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. F. That the State ADU Law (Government Code Sections 65852.2 and 65852.22) provides for the streamlined ministerial approval of ADUs in zones that allow single-family and multi-family uses. G. That AB 671 (2019) directs local jurisdictions to incentivize and promote the creation of ADUs that can be offered at an affordable rent. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 2 of 17 H. That Section 9297 of Chapter 2 of Article 9 of the TCC, which provides for the development of ADUs and JADUs in a manner consistent with State Law, was last updated in December of 2021 with the adoption of City Council Ordinance No. 1517. I. That in July 2022, the California Department of Housing and Community Development (HCD) issued an updated Accessory Dwelling Unit Handbook, providing guidance on implementation of the State ADU Law. J. That during its 2021-2022 Regular Session, the State Legislature approved two (2) bills modifying the State ADU Law, Senate Bill 897 and Assembly Bill 2221 (Collectively, the “2022 Revisions to the State ADU Law”). K. That the 2022 Revisions to the State Density Bonus Law require an amendment of Chapter 1 of Article 9 of the TCC relating to incentives for the development of affordable housing. L. That the 2022 Revisions to the State ADU Law require an amendment of Section 9297 of Chapter 2 of Article 9 of the TCC relating to ADUs and JADUs. M. That Code Amendment (CA) 2023-0003 updates existing TCC provisions to comply with the State Density Bonus Law and the State ADU Law and to incentivize and promote the creation of ADUs that can be offered at an affordable rent in accordance with AB 671. N. That on April 25, 2023, the Planning Commission adopted Resolution No. 4469, and recommended that the City Council adopt Ordinance No. 1535, approving CA 2023-0003. O. That on June 6, 2023, a public hearing was duly noticed, called, and held by the City Council on CA 2023-0003. SECTION 2. Section 9112 (Definitions) of Chapter 1 of Article 9 of the TCC is hereby amended by adding new definitions for “shared housing building” and “shared housing unit” to read as follows: “Shared housing building” means a residential or mixed-use structure, with five (5) or more shared housing units and one (1) or more common kitchens and dining areas designed for permanent residence of more than thirty (30) days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than twenty-five (25) percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 3 of 17 “Shared housing unit” means one (1) or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. SECTION 3. Subsection (a) of Section 9121 (Implementation) of Chapter 1 of Article 9 of the TCC is hereby amended to read as follows: (a) The City shall grant one (1) density bonus, the amount of which shall be as specified in Section 9122, concession(s) or incentive(s), as described in Section 9123, waivers or reductions of development standards, as described in Section 9124, and parking ratios, as described in Section 9132 when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Chapter, that will contain at least any one (1) of the following: (1) Housing for Lower Income Households. Ten (10) percent of the total units of the housing development, including a shared housing building development, as targeted units affordable to lower-income households; or (2) Housing for Very Low-Income Households. Five (5) percent of the total units of the housing development, including a shared housing building development, as targeted units affordable to very low-income households; or (3) Senior Citizen Housing Development or Mobile Home Park. Senior citizen housing development or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subsection, “development” includes a shared housing building development; or (4) Housing for Moderate-Income Households. Ten (10) percent of the total units of a housing development are sold to persons and families of moderate income, provided that all units in the development are offered to the public for purchase; or (5) Housing for Transitional Foster Youth, Disabled Veterans, Homeless Persons. Ten (10) percent of the total units of a housing development for transitional foster youth as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of fifty- DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 4 of 17 five (55) years and shall be provided at the same affordability level as very low-income units; or (6) Student Housing. Twenty (20) percent of the total units of the housing development for lower income students in a student housing development that meets the following requirements: (i) All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full-time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the City that the developer has entered into an operating agreement or master lease with one (1) or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development. (ii) The applicable twenty (20) percent units will be used for lower-income students. (iii) The rent provided in the applicable units of the development for lower income students shall be calculated at thirty (30) percent of sixty (65) percent of the area median income for a single-room occupancy unit type. (iii) The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subparagraph. For purposes of calculating a density bonus granted pursuant to this Subsection 6, the term "unit" means one (1) rental bed and its pro rata share of associated common area facilities. The units described in this subsection shall be subject to a recorded affordability restriction of fifty-five (55) years. (7) One hundred (100) percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower-income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to twenty (20) percent of the units in the DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 5 of 17 development, including total units and density bonus units, may be for moderate-income households. For purposes of this subsection, “development” includes a shared housing building development. (8) For purposes of calculating the amount of the density bonus pursuant to Section 9121, the applicant who requests the density bonus pursuant to this subsection shall elect whether the bonus shall be awarded on the basis of subparagraph (1), (2), (3), (4), (5), (6) or (7) of this subsection. (9) For the purposes of this section, "total units" or "total dwelling units" excludes units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus but includes Voluntary Workforce Housing Incentive Program units pursuant to Chapter 9B. (10) For purposes of calculating a density bonus granted pursuant to this Section 9121 for a shared housing building, “unit” means one (1) shared housing unit and its pro rata share of associated common area facilities. SECTION 4. New Section 9126 (Commercial Development Bonus) is hereby added to Chapter 1 of Article 9 of the TCC to read as follows: 9126 - COMMERCIAL DEVELOPMENT BONUS (a) An applicant for a commercial development shall be entitled to incentives mutually agreed upon by the applicant and the City when such developer has entered into an agreement for partnered housing to contribute affordable housing in accordance with the provisions of Government Code Section 65915.7 for as long as such section remains in effect. (b) The partnered housing agreement shall include all of the following provisions: (1) The housing development shall be located either on the site of the commercial development or on a site within the City that is within one-half mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers. (2) At least thirty (30) percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low- income households, or at least fifteen (15) percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very low-income households. (3) The commercial developer must agree either to directly build the target units; donate a site consistent with subsection (b)(1) of this section for the DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 6 of 17 target units; or make a cash payment to the housing developer for the target units. (c) If the developer of the affordable units does not start construction in accordance with the timelines set forth in the partnered housing agreement, the City shall withhold certificates of occupancy for the commercial development until the affordable units are completed. (d) Any approved partnered housing agreement shall be described in the City’s housing element annual report as required by Government Code Section 65915.7(k). SECTION 5. Section 9279 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended and restated in its entirety to read 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. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 7 of 17 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 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 (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. 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. (b) Multi-family Lots. For lots with an existing multi-family dwelling: 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 multi-family 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; and/or ii. Detached ADUs. Not more than two (2) detached ADUs may be constructed on a lot with an existing or proposed multi-family dwelling. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 8 of 17 (c) Condominium Projects in Tustin Legacy Specific Plan (SP-1). Attached and detached single-family dwellings, two-family dwellings, duplexes, and townhouses or townhomes within a proposed condominium project in the Tustin Legacy Specific Plan (SP-1) zoning district may have no more than one (1) ADU per dwelling provided all the following criteria are satisfied: i. The ADU is located within the proposed dwelling, excluding attached or detached garages, storage areas or similar uses, or an accessory structure; ii. The ADU is located within one-half of one mile of Tustin Metrolink commuter rail station; and iii. The ADU may only be rented, if at all, to lower income households for a minimum period of fifty-five (55) years guaranteed through recordation of 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. 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. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 9 of 17 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 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 150 square feet. (c) Height. i. Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or a single-story multi-family dwelling unit shall not exceed sixteen (16) feet. ii. The height of a detached ADU located on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed eighteen (18) feet. However, an additional two (2) feet of height, for a maximum of twenty (20) feet, is allowed when necessary to align the roof pitch on the ADU to the roof pitch of the primary dwelling. iii. The height of a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling shall not exceed eighteen (18) feet. iv. The height of an attached ADU shall not exceed the height limitation of the zoning district applicable to the primary dwelling or twenty-five (25) feet, whichever is lower. In no event shall any such ADU exceed two (2) stories. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 10 of 17 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, front setbacks, 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. 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 (1) 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. 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 DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 11 of 17 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 ADU 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. D. 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 150 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. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling’s main living area. 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. 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: DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 12 of 17 (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. E. 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. (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 DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 13 of 17 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 ADU. (b) Separate Access. An ADU shall provide separate exterior access from the existing primary residence. Entry doors cannot be on the same façade as the entry door of the primary residence, unless this requirement prevents creation of the ADU. (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. F. 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 multi-family residential structures, the entire residential structure shall serve as the "primary residence" for the purposes of this analysis. Therefore, if the multi-family 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. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 14 of 17 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. 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. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time. 6. 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. G. 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. H. Fees. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 15 of 17 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 6. Section 9297 (Definitions) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by revising the existing definition of “ADU, Converted” or “Converted ADU” and adding new definitions for “Condominium Project”, “ADU, Statewide Exemption” or “Statewide Exemption ADU”, “Condominium Project” and “Townhouse” or “Townhome” to read as follows: 9297 - DEFINITIONS "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 or detached garages, storage areas, or similar uses. A Converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure. “Condominium Project” shall have the same meaning as stated in California Civil Code Section 4125 as that section may be amended from time to time. “ADU, Statewide Exemption” or “Statewide Exemption ADU” means an ADU up to 800 square feet, 16 feet in height, and with four-foot side and rear setbacks. “Condominium Project” shall have the same meaning as stated in California Civil Code Section 4125 as that section may be amended from time to time. “Townhouse” or “Townhome” means a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof and with a yard or public way on not less than two sides. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 16 of 17 SECTION 7. 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 8. 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. The State Density Bonus Law contains mandatory provisions that the City must implement, whether or not it adopts its own ordinance, therefore this Ordinance does not create a new land use. Additionally, 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 9. 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 (1) 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 6th day of June, 2023. _____________________________________ AUSTIN LUMBARD, Mayor ATTEST: ______________________________ ERICA N. YASUDA, City Clerk DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ______________________ Ordinance No. 1535 Page 17 of 17 APPROVED AS TO FORM: DAVID E. KENDIG, 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, 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. 1535 was duly and regularly introduced at a regular meeting of the Tustin City Council held on the 6th day of June, 2023, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 20th day of June, 2023 by the following vote: COUNCILMEMBER AYES: Lumbard, Clark, Gallagher, Gomez, Schnell (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: (0) __________________________ ERICA N. YASUDA, City Clerk DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 ORDINANCE 1535 EXHIBIT DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 1763781.1 ORDINANCE NO. 1535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE (TCC) SECTIONS 9112 AND 9121(a), AND ADDING TCC SECTION 9126 RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND AMENDING TCC SECTIONS 9279 AND 9297 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (CODE AMENDMENT 2023-0003) 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 the State Density Bonus Law (Government Code Sections 65915-65918) requires local agencies to grant a density bonus and other development incentives, concessions, and waivers, when affordable housing units are provided in connection with a development project. B. That Chapter 1 of Article 9 of the Tustin City Code (TCC), which contains provisions for density bonus and development incentives, concessions, and waivers for affordable housing, was last updated in October of 2022 with the adoption of City Council Ordinance No. 1528. C. That during its 2021-2022 Regular Session, the State Legislature approved two (2) bills modifying the State Density Bonus Law, Assembly Bill (AB) 1551 and Assembly Bill (AB) 682 (Collectively, the “2022 Revisions to the State Density Bonus Law”). D. 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 dwelling. E. 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. F. That the State ADU Law (Government Code Sections 65852.2 and 65852.22) provides for the streamlined ministerial approval of ADUs in zones that allow single-family and multi-family uses. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 2 1763781.1 G. That AB 671 (2019) directs local jurisdictions to incentivize and promote the creation of ADUs that can be offered at an affordable rent. H. That Section 9297 of Chapter 2 of Article 9 of the TCC, which provides for the development of ADUs and JADUs in a manner consistent with State Law, was last updated in December of 2021 with the adoption of City Council Ordinance No. 1517. I. That in July 2022, the California Department of Housing and Community Development (HCD) issued an updated Accessory Dwelling Unit Handbook, providing guidance on implementation of the State ADU Law. J. That during its 2021-2022 Regular Session, the State Legislature approved two (2) bills modifying the State ADU Law, Senate Bill 897 and Assembly Bill 2221 (Collectively, the “2022 Revisions to the State ADU Law”). K. That the 2022 Revisions to the State Density Bonus Law require an amendment of Chapter 1 of Article 9 of the TCC relating to incentives for the development of affordable housing. L. That the 2022 Revisions to the State ADU Law require an amendment of Section 9297 of Chapter 2 of Article 9 of the TCC relating to ADUs and JADUs. M. That Code Amendment (CA) 2023-0003 updates existing TCC provisions to comply with the State Density Bonus Law and the State ADU Law and to incentivize and promote the creation of ADUs that can be offered at an affordable rent in accordance with AB 671. N. That on April 25, 2023, the Planning Commission adopted Resolution No. 4469, and recommended that the City Council adopt Ordinance No. 1535, approving CA 2023-0003. O. That on June 6, 2023, a public hearing was duly noticed, called, and held by the City Council on CA 2023-0003. SECTION 2. Section 9112 (Definitions) of Chapter 1 of Article 9 of the TCC is hereby amended by adding new definitions for “shared housing building” and “shared housing unit” to read as follows: “Shared housing building” means a residential or mixed-use structure, with five (5) or more shared housing units and one (1) or more common kitchens and dining areas designed for permanent residence of more than thirty (30) days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than twenty-five (25) percent of the floor area DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 3 1763781.1 of the shared housing building. A shared housing building may include 100 percent shared housing units. “Shared housing unit” means one (1) or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. SECTION 3. Subsection (a) of Section 9121 (Implementation) of Chapter 1 of Article 9 of the TCC is hereby amended to read as follows (new text underlined): (a) The City shall grant one (1) density bonus, the amount of which shall be as specified in Section 9122, concession(s) or incentive(s), as described in Section 9123, waivers or reductions of development standards, as described in Section 9124, and parking ratios, as described in Section 9132 when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Chapter, that will contain at least any one (1) of the following: (1) Housing for Lower Income Households. Ten (10) percent of the total units of the housing development, including a shared housing building development, as targeted units affordable to lower income households; or (2) Housing for Very Low-Income Households. Five (5) percent of the total units of the housing development, including a shared housing building development, as targeted units affordable to very low-income households; or (3) Senior Citizen Housing Development or Mobile Home Park. Senior citizen housing development or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subsection, “development” includes a shared housing building development; or (4) Housing for Moderate-Income Households. Ten (10) percent of the total units of a housing development are sold to persons and families of moderate income, provided that all units in the development are offered to the public for purchase; or (5) Housing for Transitional Foster Youth, Disabled Veterans, Homeless Persons. Ten (10) percent of the total units of a housing development for transitional foster youth as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 4 1763781.1 subparagraph shall be subject to a recorded affordability restriction of fifty- five (55) years and shall be provided at the same affordability level as very low-income units; or (6) Student Housing. Twenty (20) percent of the total units of the housing development for lower income students in a student housing development that meets the following requirements: (i) All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full-time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the City that the developer has entered into an operating agreement or master lease with one (1) or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development. (ii) The applicable twenty (20) percent units will be used for lower income students. (iii) The rent provided in the applicable units of the development for lower income students shall be calculated at thirty (30) percent of sixty (65) percent of the area median income for a single-room occupancy unit type. (iii) The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subparagraph. For purposes of calculating a density bonus granted pursuant to this Subsection 6, the term "unit" means one (1) rental bed and its pro rata share of associated common area facilities. The units described in this subsection shall be subject to a recorded affordability restriction of fifty-five (55) years. (7) One hundred (100) percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower-income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to twenty (20) percent of the units in the DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 5 1763781.1 development, including total units and density bonus units, may be for moderate-income households. For purposes of this subsection, “development” includes a shared housing building development. (8) For purposes of calculating the amount of the density bonus pursuant to Section 9121, the applicant who requests the density bonus pursuant to this subsection shall elect whether the bonus shall be awarded on the basis of subparagraph (1), (2), (3), (4), (5), (6) or (7) of this subsection. (9) For the purposes of this section, "total units" or "total dwelling units" excludes units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus but includes Voluntary Workforce Housing Incentive Program units pursuant to Chapter 9B. (10) For purposes of calculating a density bonus granted pursuant to this Section 9121 for a shared housing building, “unit” means one (1) shared housing unit and its pro rata share of associated common area facilities. SECTION 4. New Section 9126 (Commercial Development Bonus) is hereby added to Chapter 1 of Article 9 of the TCC to read as follows (new text underlined): 9126 - COMMERCIAL DEVELOPMENT BONUS (a) An applicant for a commercial development shall be entitled to incentives mutually agreed upon by the applicant and the City when such developer has entered into an agreement for partnered housing to contribute affordable housing in accordance with the provisions of Government Code Section 65915.7 for as long as such section remains in effect. (b) The partnered housing agreement shall include all of the following provisions: (1) The housing development shall be located either on the site of the commercial development or on a site within the City that is within one-half mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers. (2) At least thirty (30) percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low- income households, or at least fifteen (15) percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very low-income households. (3) The commercial developer must agree either to directly build the target units; donate a site consistent with subsection (b)(1) of this section for the target units; or make a cash payment to the housing developer for the target units. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 6 1763781.1 (c) If the developer of the affordable units does not start construction in accordance with the timelines set forth in the partnered housing agreement, the City shall withhold certificates of occupancy for the commercial development until the affordable units are completed. (d) Any approved partnered housing agreement shall be described in the City’s housing element annual report as required by Government Code Section 65915.7(k). SECTION 5. Section 9279 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended and restated in its entirety to read as follows (new text underlined, deletions in strikethrough): 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. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 7 1763781.1 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 (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. 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. (b) Multi-family Lots. For lots with an existing multi-family dwelling: 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 multi-family 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; and/or ii. Detached ADUs. Not more than two (2) detached ADUs may be constructed on a lot with an existing or proposed multi-family dwelling. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 8 1763781.1 (c) Condominium Projects in Tustin Legacy Specific Plan (SP-1). Attached and detached single-family dwellings, two-family dwellings, duplexes, and townhouses or townhomes within a proposed condominium project in the Tustin Legacy Specific Plan (SP-1) zoning district may have no more than one (1) ADU per dwelling provided all the following criteria are satisfied: i. The ADU is located within the proposed dwelling, excluding attached or detached garages, storage areas or similar uses, or an accessory structure; ii. The ADU is located within one-half of one mile of Tustin Metrolink commuter rail station; and iii. The ADU may only be rented, if at all, to lower income households for a minimum period of fifty-five (55) years guaranteed through recordation of 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. 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. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 9 1763781.1 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 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 150 220 square feet. (c) Height Single-family ADUs. i. Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or a single-story multi-family dwelling unit shall not exceed sixteen (16) feet. ii. The height of a detached ADU located on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed eighteen (18) feet. However, an additional two (2) feet of height, for a maximum of twenty (20) feet, is allowed when necessary to align the roof pitch on the ADU to the roof pitch of the primary dwelling. iii. The height of a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling shall not exceed eighteen (18) feet. iv. The height of an attached ADU shall not exceed the height limitation of the zoning district applicable to the primary dwelling or twenty-five (25) feet, whichever is lower. In no event shall any such ADU exceed two (2) stories. (a) Detached ADUs. Shall comply with the height limits set forth in the respective zoning districts. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 10 1763781.1 (b) Attached ADUs. Shall comply with the height limits set forth in the respective zoning districts. (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 districts. 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, front setbacks, 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. 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 (1) 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. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 11 1763781.1 (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. 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. (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. 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. (d) 11. Orientation of Detached Accessory Dwelling Structure. A detached ADU 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: 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 DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 12 1763781.1 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 150 220 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. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling’s main living area. 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. 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: DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 13 1763781.1 (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. (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. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 14 1763781.1 (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 ADU. (b) Separate Access. An ADU shall provide separate exterior access from the existing primary residence. Entry doors cannot be on the same façade as the entry door of the primary residence, unless this requirement prevents creation of the ADU. (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 DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 15 1763781.1 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. 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. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time. 6. 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. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 16 1763781.1 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 6. Section 9297 (Definitions) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by revising the existing definition of “ADU, Converted” or “Converted ADU” and adding new definitions for “Condominium Project”, “ADU, Statewide Exemption” or “Statewide Exemption ADU”, “Condominium Project” and “Townhouse” or “Townhome” to read as follows (new text underlined): 9297 - DEFINITIONS "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 or detached garages, storage areas, or similar uses. A Converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure “Condominium Project” shall have the same meaning as stated in California Civil Code Section 4125 as that section may be amended from time to time. “ADU, Statewide Exemption” or “Statewide Exemption ADU” means an ADU up to 800 square feet, 16 feet in height, and with four-foot side and rear setbacks. “Condominium Project” shall have the same meaning as stated in California Civil Code Section 4125 as that section may be amended from time to time. “Townhouse” or “Townhome” means a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof and with a yard or public way on not less than two sides. SECTION 7. 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. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 17 1763781.1 SECTION 8. 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. The State Density Bonus Law contains mandatory provisions that the City must implement, whether or not it adopts its own ordinance, therefore this Ordinance does not create a new land use. Additionally, 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 9. 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 ____ day of _________, 2023. _____________________________________ AUSTIN LUMBARD, MAYOR ATTEST: ______________________________ ERICA N. YASUDA, CITY CLERK DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 Ordinance No. 1535 Page 18 1763781.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1535 Erica N. Yasuda, 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. 1535 was duly passed, and adopted at a regular meeting of the Tustin City Council held on the __ day of _________, 2023, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on ______, 2023 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: __________________________ Erica N. Yasuda, City Clerk Published:____________________________ DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0