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Home My WebLink AboutORD 1118 (1994) ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 93-002 TO AMEND THE EAST TUSTIN SPECIFIC PLAN TO-INCREASE THE MAXIMUM ALLOWABLE HEIGHT OF OPEN TRELLIS AND BEAM CONSTRUCTIONS IN SIDE YARDS FROM SEVEN AND ONE HALF (71/2%) FEET TO TWELVE (12) FEET, AND TO PROVIDE UPDATED STREET NAMES IN SECTION 3.5.G OF THE SPECIFIC PLAN. The City Council of 'the City of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: A. That an application has been filed by California Pacific Homes, requesting · " approval of Zone Change 93-002 to amend the East Tustin Specific Plan to increase the maximum allowable height of open trellis and beam constructions in side yards from seven and one half (7%) feet to twelve (12) feet. The proposed amendments also include minor clarifications of certain street names identified in Section 3.5.G of the East Tustin Specific Plan entitled "Building and Landscape Setbacks from Public Streets." B. That a public hearing was duly noticed, called and held on said application on November 22, 1993 by the Planning Commission and on January 3, 1994 by the City Council. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been previously certified in conformance with the requirements of the California Environmental Quality Act for the subject project. D. Proposed Zone Change 93-002 would provide for open trellis and beam constructions in side yards up to a maximum of twelve (12) feet in height, which is presently not accommodated in the East Tustin Specific Plan. In addition, proposed Zone Change 93-002 would update certain Ordinance No. 1118 Page 2 street names in Section 3.5.G of the Specific Plan. E. Proposed Zone Change 93-002 would not be detrimental to the public health, safety and general welfare in that Ithe amendmentSwould only make corrections to certain street names and provide for an increase in patio cover height which is consistent with the maximum height currently specified in the East Tustin Specific Plan for detached accessory structures. ~ II. NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY ORDAIN as follows: Section 1. Section 3.5, General Development Standards, of the East Tustin Specific Plan is hereby amended as follows: A. Section 3.5.J entitled "Trellis" is amended to read as follows: "Open trellis and. beam'constructions shall be permitted to attach the garage or carport to the dwelling and may also extend from the dwelling to the property line in the side or rear yard. In side yards, the maximum height the remaining open space of a developed lot." B. Section 3.5.G entitled "Building and Landscape Setbacks from Public Streets" is amended to read as follows: "BUilding setbacks shall apply to all main structures abutting the following streets. These setbacks shall be measured from the center line of the street. A minimum landscape area shall- be provided adjacent to these streets. This landscape area is a combination of the parkway (measured from face of curb to right-of-way line which includes a sidewalk and anyutility easements) and a landscape 'setback from the ultimate 3 Ordinance No. 1118 4 Page 3 6 right-of-way. This landscape area shall be 7 measured from the center line of the street. Portions of this landscape area may include: 8 areas dedicated to or assigned through easement to the City of Tustin, if accepted; 9 areas owned and maintained by private individuals or associates; areas owned by ]0 private individuals and/or associations and maintained by public maintenance districts; or ]1 a combination thereof. 12 13 Street Min. Landscape Area Min. Buildinq Setback 14 Interstate 5 from Mixed Use (ROW) 30 30 My ford Road ' · Adjoining Mixed Use 76 95 17 · North of Portola 62 67 ]8 Bryan Avenue · Adjoining ELMO Channel 57 19 · Adjoining Mixed Use 67 85 20 Browning Avenue 63.5 ~ .78.5 Irvine Boulevard 23 · Between Browning & Ft Rd. 71 76 Portola Parkway 62 67 E1 Camino Real 52 57 27 La Colina Avenue 52 57 Future Road · South of Bryan 76 96 · Adjoining Gen. Commercial 72 77 Lower Lake Driveii~i~e~i!i 3 Ordinance No. 1118 Page 4 4 -5 6 · Buildings shall be setback a minimum of 5-feet from tract walls 7 · Sideyard setbacks in Low District shall maintain 5- 8 feet for one-story and 10-feet for two-story adjoining tract wall." 9 Section 2. Severability ]0 All of the provisions of this ordinance shall be ~3 construed together in order to accomplish the purpose of these regulations. If any provision of ]2 this ordinance is held by a court to be unconstitutional, such unconstitutionality shall 33 apply only to the particular facts, or if a provision is declared to be unconstitutional as 34 applied to all facts, all of the remaining ~5 provisions of this ordinance shall continue to be fully effective. Section 3. In order to implement the changes ~7 identified in Section 1 above, the applicant shall comply with the following: ~8 A. Unless otherwise specified, the conditions ~9 contained in this Exhibit shall be complied with prior to the 'approval of any subsequent 20 patio cover submittals utilizing the amended standards within the East Tustin Specific Plan. 2] area, subject to review and approval by the Community Development Department.- B. The applicant shall sign and return an 93 Agreement to Conditions Imposed form prior to any subsequent patio cover approvals utilizing 24 the amended standards within the East Tustin ~5 Specific Plan area. C. The applicant shall hold and defend the City 26 of Tustin harmless for all claims and liabilities out of City's approval of the entitlement process for this project. Do Within 30 days of approval, the applicant shall submit 20 copies of the East Tustin Specific Plan, and a camera ready master, with all revisions as shown in Section 1 above. 3 Ordinance No. 1118 4 Page 5 5 6 E. Within forty'eight (48) hours of approval of the subject project, the applicant shall 7 deliver to the Community Development Department, a cashier's check payable to the 8 COUNTY CLERK in the amount of $25.00 (twenty- five dollars) pursuant to AB 3185, Chapter 9 1706, Statutes of 1990, enabling the City to file the Notice of Determination required ]0 under Public ReSources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within ]] such forty-eight (48) hour period the 12 applicant has not delivered to the Community Development Department the above~noted check, 13 the approval for the project granted herein shall be. considered automatically null and ]4 void. ]5 In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption ]6 filed with the Notice of determination and require payment of fees, the applicant shall ~7 deliver to the Community Development Department, within forty-eight (48) hours of 18 notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight ~9 hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee 20 is imposed, the subject project shall not be operative, vested or final unless and until. 2] the fee is paid. 22 PASSED AND ADOPTED at a regular meeting of the Tustin 23 City Council, held on the 17th,day of January, 1994. 26 JIM P~TS MAYOR 27 Mary E~wynn, cety Clerk City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1118 Mary E. Wynn, 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. 1118 was introduced at a regular.meeting of the City Council held on January 3, 1994 and was passed and adopted at a regular meeting of the City Council held onthe 17th day of January, 1994, by the following vote: COUNCILMEMBER AYES: Potts, Saltarelli, Pontious, Puckett, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None ~~4 ~0 ~i~71erk Mary'E.~nn,