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HomeMy WebLinkAbout03 Code Amendment 11-004ITEM #3 Report to the Planning Gommission DATE: TO: FROM: PREPARED BY: MAY 24, 2011 PLANNING COMMISSION TUST~N ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR AMY THOMAS, AICP, SENIOR PLANNER SCOTT REEKSTIN, SENIOR PLANNER REQUEST: CONSIDERATION OF RESOLUTION NO. 4173 RECOMMENDING THAT THE CITY COUNCIL ADOPT CODE AMENDMENT 11-004 FOR DRAFT ORDINANCE NO. 1398 TO AMEND THREE-FOOT LANDSCAPE REQUIREMENT AND SYNTHETIC TURF STANDARDS CONTINUED FROM MAY 10, 2011 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4173 approving Code Amendment 11-004 recommending that the Tustin City Council adopt Ordinance No. 1398 amending Tustin City Code Sections 5502 and 9267 modifying landscape requirements and setting forth Synthetic Turf Standards. BACKGROUND AND DISCUSSION: On May 10, 2011, the item was brought before the Planning Commission for consideration of the three-foot landscape requirement and to consider the Draft Synthetic Turf Standards. The items were presented and discussed at the hearing. The Planning Commission recommended minor changes to the Synthetic Turf Standards and requested that the three-foot landscape ordinance be clarified with the intent to protect and maintain an attractive buffer between driveways of abutting residential properties to enhance the attractiveness of a residential property as viewed from adjoining properties and/or the public right of way. The Planning Commission further suggested that the three-foot landscape/hardscape requirement be subject to review, at the discretion of the Community Development Director, to allow flexibility in the application of the Code and to ensure consistency with the intent of the ordinance. The review would be subject to specific findings to ensure that the location, size, architectural features and general appearance of any proposed improvements will attain the desired aesthetic effect between residential properties. The matter Planning Commission Report Three-foot Landscape and Synthetic Turf (continued from May 10, 2011) May 24, 2011 Page 2 was continued to May 24, 2011, and the requested modifications have been incorporated into Ordinance No. 1358 (Attachment B, Exhibit 1). Minor changes, as suggested by the Planning Commission, have also been incorporated into the Synthetic Turf Standards which are also attached for reference in Attachment A. FINDINGS In determining whether to approve Resolution No. 4173 recommending adoption of Ordinance No. 1398 (Code Amendment 11-004), the Planning Commission may consider whether or not the proposed code amendment will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. A decision to approve this request may be supported by the following findings: A. That prior to 2001, no provision existed to ensure that the front yard area was not completely covered by driveways. In 2009, the Planning Commission and the City Council took great care and consideration in adopting the comprehensive parking ordinance. These provisions essentially prevented the over-paving of residential front yards; B. That the intent of Ordinance No. 1398 is to maintain a buffer between driveways of abutting residential properties to enhance the attractiveness of a residential property as viewed from adjoining properties and/or the public right of way will be maintained; C. That the requirement for review at the discretion of the Community Development Director subject to findings will ensure that the three-foot landscape requirement location, size, architectural features and general appearance of any proposed improvements will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole; D. That Code Amendment 11-004 is consistent with Housing Element Policy No. 6.4 and Conservation/Open Space/Recreation Element Policy No. 5.3 of the Tustin General Plan, which promote water efficient landscapes and water conservation techniques. E. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3), in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the proposed Ordinance No. 1398 (Code Amendment 11- 004) would revise text from Tustin City Code Section 9267(a)(3) which requires a three foot landscape/hardscape setback to property line, would revise Tustin City Code Sections 5502 and 9267 to provide for the installation of synthetic turf, and Planning Commission Report Three-foot Landscape and Synthetic Turf (continued from May 10, 2011) May 24, 2011 Page 3 significant effect on the environment; therefore, Code Amendment 11-004 is not subject to CEQA. CONCLUSION: Staff recommends that the Planning Commission adopt Resolution No. 4173 recommending that the City Council adopt Ordinance No. 1398 (Exhibit 1 of Resolution No. 4173) approving Code Amendment 11-004 amending Sections 5502 and 9267 of the Tustin City Code to modify landscape requirements and to set forth Synthetic Turf Standards in the City Of Tustin (Attachment B). Amy Thomas, AICP Senior Planner Elizabeth A. Binsack Community Development Director Scott Reekstin Senior Planner Attachments: A. Revised Synthetic Turf Standards B. Planning Commission Resolution No. 4173 Exhibit 1. Draft Ordinance No. 1398 S:1CDDIPCREPORT1201113 FT LANDSCAPE PUBLIC HEARING 052411(2).DOC ATTACHMENT A Revised Synthetic Turf Standards CITY OF TUSTIN SYNTHETIC TURF STANDARDS June 2011 The primary purpose of these standards is to provide guidance to residential and commercial property owners who propose to install synthetic turf in front yards and in visible side yards of corner lots. The following standards may be amended periodically by the Director of Community Development. Standards ^ Lifelike individual blades shall emulate real grass in appearance and color. ^ Material shall consist of cut pile polyethylene or polypropylene. ^ Synthetic turf shall have a minimum pile height of 1-3/4". ^ Synthetic turf shall be installed professionally with a proper drainage system and weed barrier underneath. ^ Synthetic turf shall be Installed and maintained to simulate the appearance of a well-maintained lawn. ^ Indoor or outdoor plastic or nylon carpet shall be prohibited. ^ Synthetic turf shall be combined with natural plant materials to enhance landscape design. ^ A maximum of 50% of the landscaped yard area may consist of synthetic turf. ^ Significantly worn or faded synthetic turf shall be replaced or repaired. ^ Synthetic turf shall be maintained. ^ Synthetic turf is subject to approval by the Director of Community Development, prior to installation. ATTACHMENT B Planning commission Resolution No. 4173 RESOLUTION NO. 4173 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE TUSTIN CITY COUNCIL ADOPT ORDINANCE NO. 1398 APPROVING CODE AMENDMENT 11-004 AMENDING SECTIONS 5502 AND 9267 OF THE TUSTIN CITY CODE TO MODIFY LANDSCAPE REQUIREMENTS AND SET FORTH SYNTHETIC TURF STANDARDS IN THE CITY OF TUSTIN The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That pursuant to Ordinance No. 1240, adopted by the City Council on August 6, 2001, and amended by Ordinance No. 1354, adopted on November 4, 2008, the Tustin City Code currently requires that parking and driveway areas within the front yard setback of residential properties be separated with a minimum of a three (3) foot landscape area between the parking or driveway area and the adjacent side or rear property line; B. That on May 4, 2010, the City Council directed that the Planning Commission review and make recommendations to the City Council concerning the existing three (3) foot landscape requirement; C. That on January 11, 2011, the Planning Commission conducted a workshop an the use of synthetic turf and provided direction to prepare standards for the installation and maintenance of synthetic turf in the City of Tustin, for consideration by the Planning Commission; D. That Draft Ordinance No. 1398 (Code Amendment 11-004) has been prepared to amend Tustin City Code Sections 5502 and 9267 to modify the three (3) foot landscape requirements for residential parking and driveway areas, and to set forth standards for the installation and maintenance of synthetic turf; E. That a public hearing on Ordinance No. 1398 (Code Amendment 11-004) was duly called, noticed, and held by the Planning Commission of the City of Tustin, California, on May 10, 2011, at which the Planning Commission suggested changes to the proposed Ordinance in order to ensure that a buffer was maintained between driveways of abutting residential properties in order to enhance the attractiveness of residential property as viewed from adjoining properties or the public right of way and continued the public hearing until May 24, 2011; F. That on May 24, 2011, the Planning Commission held a continued public hearing to consider revised Resolution No. 4173 recommending that the Exhibit A Resolution No. 4173 Page 2 Tustin City Council adopt Ordinance No. 1398 approving Code Amendment 11-004 amending Sections 5502 and 9267 of the Tustin City Code modifying landscape requirements and setting forth Synthetic Turf Standards; G. That prior to 2001, no provision existed to ensure that the front yard area was not completely covered by driveways. In 2008, the Planning Commission and the City Council took great care and consideration in adopting the comprehensive parking ordinance. These provisions essentially prevented the over-paving of residential front yards; H. That the intent of Ordinance No. 1398 is to maintain a buffer between driveways of abutting residential properties to enhance the attractiveness of a residential property as viewed from adjoining properties and/or the public right of way will be maintained; That the requirement for review at the discretion of the Community Development Director subject to findings will ensure that the three-foot landscape requirement location, size, architectural features and general appearance of any proposed improvements will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole; J. That Code Amendment 11-004 is consistent with Housing Element Policy No. 6.4 and Conservation/Open Space/Recreation Element Policy No. 5.3 of the Tustin General Plan, which promote water efficient landscapes and water conservation techniques; and K. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA} Section 15061(b)(3), in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the proposed Ordinance No. 1398 (Code Amendment 11-004) would revise text from Tustin City Code Section 9267(a)(3) which requires a three foot landscape setback to property line, would revise Tustin City Code Sections 5502 and 9267 to provide for the installation of synthetic turf, and would set forth standards for synthetic turF. This revision has no possibility for significant effect on the environment; therefore, Code Amendment 11-004 is not subject to CEQA. II. The Planning Commission hereby recommends that the City Council adopt Ordinance no. 1398 approving Code Amendment 11-004 amending Sections 5502 and 9267 of the Tustin City Code to modify landscape requirements and to set forth synthetic turf standards in the City of Tustin (Exhibit 1). Exhibit A Resolution No. 4173 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 24th day of May, 2011. Charles Puckett Chairperson Pro Tem ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4173 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of May, 2011. ELIZABETH A. BINSACK Planning Commission Secretary 5:\Cdd\PCRESOS\2011\CA 11-004 Amend 3 ft landscape and add syn turf REVISED(3~.doc ORDINANCE NO. 1398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 5502 AND 9267 OF THE TUSTIN CITY CODE TO MODIFY LANDSCAPE REQUIREMENTS AND TO SET FORTH SYNTHETIC TURF STANDARDS IN THE CITY OF TUSTIN 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 pursuant to Ordinance No. 1240, adopted by the City Council on August 6, 2001, and amended by Ordinance No. 1354, adopted on November 4, 2008, the Tustin City Code currently requires that parking and driveway areas within the front yard setback of residential properties be separated with a minimum of a three (3) foot landscape area between the parking or driveway area and the adjacent side or rear property line; B. That on May 4, 2010, the City Council directed that the Planning Commission review and make recommendations to the City Council concerning the existing three (3) foot landscape requirement; C. That on January 11, 2011, the Planning Commission conducted a workshop on the use of synthetic turf and provided direction to prepare standards for the installation and maintenance of synthetic turf in the City of Tustin for consideration by the Planning Commission; D. That a public hearing was duly called, noticed, and held on Ordinance No. 1398 (Code Amendment 11-004) by the Planning Commission of the City of Tustin, California, on May 10, 2011, at which time the Planning Commission suggested changes to the proposed Ordinance in order to ensure that a buffer was maintained between driveways of abutting residential properties in order to enhance the attractiveness of residential property as viewed from adjoining properties or the public right of way and continued the public hearing until May 24, 2011; E. That on May 24, 2011, the Planning Commission held a continued public hearing to consider revised Resolution No. 4173 recommending that the Tustin City Council adopt Ordinance No. 1398 approving Code Amendment 11-004 amending Sections 5502 and 9267 of the Tustin City Code modifying landscape requirements and setting forth Synthetic Turf Standards; Ordinance 1398 Page 2 F. Following the public hearing, the Planning Commission adopted Resolution No. 4173 recommending that the Tustin City Council adopt Ordinance No. 1398 approving Code Amendment 11-004. G. That a public hearing was duly called, noticed, and held on Ordinance No. 1398 (Code Amendment 11-004) on June 7, 2011, by the Tustin City Council. H. That prior to 2001, no provision existed to ensure that the front yard area was not completely covered by driveways. In 2008, the Planning Commission and the City Council took great care and consideration in adopting the comprehensive parking ordinance. These provisions essentially prevented the over-paving of residential front yards. That the intent of Ordinance No. 1398 is to maintain a buffer between driveways of abutting residential properties to enhance the attractiveness of a residential property as viewed from adjoining properties and/or the public right of way. J. That the requirement for review at the discretion of the Community Development Director subject to findings will ensure that the three-foot landscape requirement location, size, architectural features and general appearance of any proposed improvements will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. K. That Code Amendment 11-004 is consistent with Housing Element Policy No. 6.4 and Conservation/Open Space/Recreation Element Policy No. 5.3 of the Tustin General Plan, which promote water efficient landscapes and water conservation techniques. L. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3}, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the proposed Ordinance No. 1398 (Code Amendment 11-004) would revise text from Tustin City Code Section 9267(x)(3) which requires a three foot landscape setback to property line, would revise Tustin City Code Sections 5502 and 9267 to provide for the installation of synthetic turf, and would set forth standards for synthetic turf. This revision has no possibility far significant effect on the environment; therefore, Code Amendment 11-004 is not subject to CEQA. Section 2. Subsection 5502m(1) of the Tustin City Code is hereby amended to read as follows: Ordinance 1398 Page 3 "Landscaping. All landscaping shall be maintained in a healthy condition free of dead, decayed, overgrown or discarded plant material and all synthetic turf material shall be installed and maintained in accordance with Development and in a manner such that it simulates the appearance of real, well-maintained grass and drains properly." Section 3. Subsection 9267a3, of the Tustin City Code is hereby amended to read as follows: n~4-~nhorl cinr~~o f~mi~~, rocirlon~iol ~ ~ni+ Parking and driveway areas within the front yard setback, which abut the parkinct or driveway area of an adjacent lot, shall be separated with a minimum of a three-foot wide buffer materials installed in the ta~Ca~e-area between the parking or driveway area and the adjacent side or rear property line." Section 4. Subsection 9267a7 of the Tustin City Code is hereby added to read as follows: "Any deviation from the above standards may be considered on a case by case basis, subject to review and approval by the Community Development Director." Section 5. Subsection 9267c of the Tustin City Code is hereby amended to read as follows: "Paved Areas. Paved areas may be improved with impervious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed. Unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf that simulates the appearance of Section 6. The Synthetic Turf Standards for the City of Tustin attached hereto as Exhibit A, as they may be amended from time to time by the Community Development Director, in his or her discretion, are hereby approved and incorporated herein by reference. Ordinance 1398 Page 4 Section 7. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is fior any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 12th day of July, 2011. JERRY AMANTE, MAYOR PAMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1398 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 five; that the above and foregoing Ordinance No. 1398 was duly and re~ularly introduced and read at the regular meeting of the City Council held on the 28t day of June, 2011, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 12th day of July 2011, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Pu