HomeMy WebLinkAboutPC RES 3707RESOLUTION NO. 3707
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF TUSTIN,
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE
AMENDMENT 99-001, AN AMENDMENT TO TUSTIN CITY CODE SECTIONS
9228a3, 922663, AND 9297, AND ADDING SECTION 922865 RELATED TO
BOARDING HOUSES.
The Planning Commission of the City of Tustin does hereby resolve as follows:
s I. The Planning Commission finds and determines:
Ao
That the amendment to Tustin City Code Sections 9228a3, 922663 and
9297 and the addition of the Tustin City Code Section 922865 have been
prepared to establish a boarding house as a conditionally permitted use
and delete a group dwelling as a permitted use in the Suburban
Residential (R-4) District consistent with the Multiple Family Residential
(R-3) District, to establish development standards for boarding houses,
and to clarify related definitions. ._ ... ....
......
B.
That a public hearing was duly noticed, called and held on this ordinance by
the Planning Commission on November 22, 1999.
Co
That a Negative Declaration has been recommended for approval by the
City Council in conformance with the requirements of the California
Environmental Quality Act.
Do
The proposed amendment would not have an adverse affect on the public
health, safety and welfare of residents or businesses of the' City.
Bo
The proposed amendments are regulatory and administrative in nature and
would provide for consistency between the R-3 and R-4 Zoning Districts.
Fo
The requirement for a Conditional use permit is necessary to protect the
health, safety and welfare of the City of Tustin in that the City will be able
to examine land use compatibility and potential impacts of boarding
houses in the R-4 District though the conditional use permit process, as is
required in the R-3 Zoning District.
e.
The development standards imposed by this Ordinance are necessary to
protect the health, safety and welfare of the City of Tustin as follows:
Maximum Heiqhts,; The height limitation will reduce the potential for
shade and shadow impacts on adjacent properties, promote orderly and
compatible development and improve access to emergency personnel.
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Resolution No. 3707
Page 2
Minimum Buildinq Site: The requirement for a minimum building site will
promote orderly and safe development by providing for adequate access,
open space, and off-street parking accommodations.
Minimum Lot Width: The requirement for a minimum lot width will ensure
orderly and compatible development that is appropriately scaled in
relation to the dimensions of the lot.
Maximum Lot Coveraoe: The limitation on-maximum lot coverage will
foster compatibility with adjacent residential uses and provide for open
areas that may be used for recreational purposes.
Minimum Setbacks: The minimum required setbacks will promote orderly
development, adequate access to emergency personnel, improved noise
mitigation between adjacent properties, and adequate natural light and
ventilation.
Minimum Off-street Parkino: The requirement for off-street parking
spaces will promote safety by minimizing on-street parking and parking in
non-designated areas thereby improving emergency access and providing
for the safe parking of automobiles.
Minimum Common and Private Open Space: The requirement for
common and private open space will provide usable and functional areas
for active and passive recreational activities that will minimize the use of
public streets and other vehicular areas for recreational purposes.
H.
The proposed amendments are consistent with the Tustin General Plan in
that they comply with the following General Plan Policies:
Land Use Element Policy 1.12: Where feasible, increase the amount and ·
·
network of public and private open space and recreational facilities which
will be adequate in size and location to be usable for active or passive
recreation as well as for visual relief. '
Land Use Element Policy 4.6: Maintain and enhance the quality of healthy
residential neighborhoods, and safeguard neighborhoods from intrusion by
non-conforming and disruptive uses.
Circulation Element Policy 7.2: Provide sufficient off-street parking for all
land uses.
Conservation/Open. Space/Recreation Element Policy .14.8: Encourage
and, where appropriate, require the inclusion of recreation facilities and
open space within future residential, industrial, and commercial
developments.
Resolution No. 3707
Page 3
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The Planning Commission hereby recommends that the City Council approve
Code Amendment 99-001, as shown and attached hereto as Exhibit A.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting held on the 22nd day of November 1999.
,,~i-~¢'~N V. KOZAK
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTYOF ORANGE )
CITY OF TUSTIN )
SS
I ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3707 was duly passed and adopted at regular meeting of the Tustin
Planning Commission, held on the 22nd day of November, 1999.
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A. BINSACK
Planning Commission Secretary
EXHIBITA
RESOLUTION NO. 3707
DRAFT ORDINANCE NO. 1225
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING CODE AMENDMENT 99-001 AMENDING TUSTIN
CITY CODE SECTIONS 9228a3, 922663, AND 9297, AND ADDING SECTION
922865 RELATED TO BOARDING HOUSES.
The City Council of the City of Tustin does hereby ordain as follows:
Section I
The City Council finds and determines as follows:
Ao
That the amendment to Tustin City Code Sections 9228a3, 922663
and 9297 and the addition of the Tustin City Code Section 922865
have been prepared to establish a boarding house as a conditionally
. .
permitted use and delete-a group dwelling' a's a'permitted-u§e in th6
Suburban Residential (R-4) District consistent with the Multiple
Family Residential (R-3) District, to establish development standards
for boarding houses, and to clarify related definitions.
B.
That a public hearing was dully noticed, called and held on this
Ordinance by the Planning Commission on November 22, 1999 and
by the City Council on January 3, 2000.
C.
The proposed amendment would not have an adverse affect on the
public health, safety and welfare of residents or businesses of the
City.
Bi
A Negative Declaration has been adopted for this project in
accordance with the provisions of the California Environmental
Quality Act (CEQA).
e.
The proposed amendments are regulatory and administrative in
nature and would provide for consistency between the R-3 and R.-4
Zoning Districts.
F.
The requirement for a conditional use permit imposed by this
Ordinance is necessary to protect the health, safety and welfare of
the City of Tustin in that the City will be able to examine land use
compatibility and potential impacts of boarding houses in the R-4
Zoning District though the conditional use permit process, as is
required in the R-3 Zoning District.
Ordinance No. 1225
Page 2
Go
H,
The development standards imposed by this Ordinance are
necessary to protect the health, safety and welfare of the City of
Tustin as follows:
Maximum Heights: The height limitation will reduce the potential for
shade and shadow impacts on adjacent properties, promote orderly
and compatible development and improve access to emergency
personnel.
Minimum Buildinq Site: The requirement for a minimum building site
will promote orderly and safe development by providing for adequate
access, open space, and off-street parking accommodations.
Minimum Lot VVidth: The requirement for a minimum lot width will
ensure orderly and compatible development that is appropriately
scaled in relation to the dimensions of the lot.
Maximum Lot Coveraoe: The limitation on maximum lot coverage
will foster compatibility with adjacent residential uses and provide for
open areas that may be used for recreational purposes.
Minimum Setbacks: The minimum required setbacks will promote
orderly development, adequate access to emergency personnel,
improved noise mitigation between adjacent properties, and
adequate natural light and ventilation.
Minimum Off-street Parkinq: The requirement for off-street parking
spaces will promote safety by minimizing on-street parking and
parking in non-designated areas thereby improving emergency
access and providing for the safe parking of automobiles.
Minimum Common and Private Open Space: The requirement for
common and private open space will provide usable and functional
areas for active and passive recreational activities that will minimize
the use of public streets and other vehicular areas for recreational
purposes.
The proposed amendments are consistent with the Tustin General
Plan in that they comply with the following General Plan Policies:
Land Use Element Policy 1.12: Where feasible, increase the amount
and network of public and private open space and recreational
facilities which will be adequate in size and location to be usable for
active or passive recreation as well as for visual relief.
Ordinance No. 1225
Page 3
Land Use Element Policy 4.6: Maintain and enhance the quality of
healthy residential neighborhoods, and safeguard neighborhoods
from intrusion by non-conforming and disruptive uses.
Circulation Element Policy 7.2: Provide sufficient off-street parking
for all land uses.
Conservation/Orlon Space/Recreation Element Policy 14.8:
Encourage and, where appropriate, require the inclusion of
recreation facilities and open space within future residential,
industrial, and commercial developments.
Section I!. Section 9228a3 of the Tustin City Code is hereby amended to read as
follows:
"3. One-family dwellings, two (2) or more detached one-family dwellings, two-
family dwellings, group ......,,,,'~','~";""-,~.., multiple-family dwellings and apartment houses,
all of a permanent character, placed in permanent locations."
(~*-i~'":k .... "~ denotes deleted text.)
Section Iil. Section 922663 of the Tustin City Code is hereby amended to read as
follows:
"3.
Hotels, motels and rooming or boarding houses, ~,..,,.,,.,.~I--''- g,..~.~..,--"' ,"" subject to
use permit
(a)
(b)
(c) .
(d)
(e)
(f)
(g)
(h)
(0
Maximum height: 48 2~§t'_5_dS~_35 feet
Minimum building site: 7,500 square feet
Minimum lot width at property line: 70 feet
Maximum lot coverage: 75 percent
Minimum front yard setback: 48 PO feet (un!ess ether, vise indicated
Minimum side yard setback: Corner lot line: 10 feet; Interior lot line:
5 feet
Minimum rear yard setback: !0 2--~ feet
· 1114111 i ~l,~ i,
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~ off-street parking: One (1) parking space for each four (4)
rooms in a hotel; One (1) parking space for each two gues~
"' ' ~'"""'"' One (1) parking
~ in a boarding house .., room:,",g ...... ,
space for each motel unit;
I i '
Ordinance No. 1225
Page 4
Parking r.equirements for senior citizen housing projects to include
accommodations for tenants, guests, and service employees shall
be determined as a condition of the use permit approving the project.
(J)
feet per..' boarding. . or rooming hduse ~'nd' 50.'. square feet per
occupant.'" Common open space', shall consist' of., unenclosed or
partia, ily enClosed areas set aside for passive and active recreational
uses.' Commor~ i~)pen sP.a..c..e shall not include d'riv__e__w_ay._s, .p_a..r_k..ing
.a.r.e-a..-s-,.'~r i:e.quired fi'o'nt and side Y~'~.d....S_~_.t_~C.".~.are_a_.'.S..
d)
per occulS~nt. Private open.space shall consist'of pa.rt, ially enclosed
areas set aside... for passive and' active recreational us.es' that' are
assigned to' individual. O..c..c__Up.g.p_ts'.'._an_'_d/o.r..... rg..0 .m..s, .'S..u'ch_.. a_s.. p.r. ivate
patios or b.a. lconies.
,,~+.~L,~,~, ...... ~' denotes deleted text. Sh_-.a-~i.~g denotes new text.)
Section IV. Section 9297 of the Tustin City Code is hereby amended as follows'
The following definitions shall be amended as follows:
"Boarding House" means a dwelling other than a hotel '_o_r._._m_0._te_l, where
lodging and/or meals for three (3) or more persons is provided for compensation."
"Dwelling" means a building or portion thereof designed 3nd 'used
.........."'""~' '~'""~"~ fo r re side ntial occu pancy;,,~,,,.,,,, ,~;'-'"~' ,,4; ..... ,.,, ,,.. ,~.,,,.,;~,,~,.,, ,,,,~, ,,,,,.,,,,,, ~.,,.~;~,,.,, ,,,,~ .... ,.,, ,,.,~,,,~,'"" ,w~-;.-,~,-,,,,~,,.,
.~-~,~-~[I:/ .,-l::,,-,ll;.~,-q I,-,, .,t. ,~,,~. ;.~,-,!, .M;r-,,.-, k_,-,,F,.-,le. _,.,~.F,,-,I~ ,,-,,- k~,m,-,4;,-~,.~ 1..,~,
11~4i1111.~' S,.eiIIS~'IlII I~1 k=~=~lt. I Iq.,/l~ IIl~.~lq.dS,,dil I~ I I%../~'q,~l~! il I'q~l~.S..~lq,=7 S.~I S,./S.,/I..4i'q,~dli i~J
Family '",,;-'g pr'cm'
.... means on" t,/,.,, ~ ......... ~,¢
, u /.,i ~ ,.-,,. ,,'~,C,"C ..... ~S "' .... ,,, 2 :SCS .-,,.,,4 I;,,;,-,,,,
i I 1~ L'I~,.~ I i i i i.] i ~i ~.,~ ~,~ S.,~ I ~=.~ I. ] i I S.~ 1~ ~,~ ~..~. I · I I,.,il I i11~ ~=./I I i.~l i I i.~r ~,.~ '~ V V I I I S..~l~,i LS,~1 i I I S..~ I t=~l ~ I~.~
sc,"vants an.L i.n. dI.y. idual;~:gr;.~.tW"0i.(2);.0r-.'more~ persons-living.:-together-as''.,; a; slngl_e_
(e+";~'""~' ..... h denotes deleted text. §i:i~di-nq denotes new text.)
Ordinance No. 1225
Page 5
Section V.
follows:
Section 922865 shall be added to the Tustin City Code to read as
(g)
.riva ..
denotes new text.)
Section VI.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held out 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,
Ordinance No. 1225
Page6
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions
be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the day of ,2000.
TRACY WILLS WORLEY
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FoR ORDINANCE NO. 1225
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the
City Council of the City of Tustin is 5; that the above and foregoing Ordinance No.
1225 was duly and regularly introduced at a regular meeting of the Tustin City
Council, held on the 3rd day of January, 2000 and was given its second reading,
passed and adopted at a regular meeting of the City Council held on the 17"~ day
of January, 2000 by the following vote:
COUNCILMEMBERAYES:
COUNCILMEMBER NOES:
COUNCILMEMBERABSTAINED:
COUNClLMEMBERABSENT:
PAMELA STOKER
City Clerk