HomeMy WebLinkAboutPC RES 4173RESOLUTION 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 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 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;
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.
ELIZABETH A. BIN K
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
harles Puckett
Chairperson Pro Tem
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. BIN K
Planning Commission Secretary
S:\Cdd\PCRESOS\2011\CA 11-004 Amend 3 ft landscape ord add syn turf REVISED(3).doc
EXHIBIT 1
Ordinance No. 1398
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(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.
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
the Synthetic Turf Standards established by the Director of Community
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:
yParking and driveway areas within
the front yard setback, which abut the parking or driveway area of an
adjacent lot, shall be separated with a minimum of a three-foot wide buffer
consisting of landscaping, raised hardscaping, or combination of such
materials installed in the escape-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
real, well-maintained grass, drains properly, is installed and maintained in
accordance with the Synthetic Turf Standards established by the
Community Development Director, and is approved by the Community
Development Director or his or her designee."
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 for 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 19t" 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 regularly introduced and read at the regular meeting of the City
Council held on the 5t" day of July, 2011, and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the 19t" day of July 2011, by
the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, City Clerk
Published:
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 side
yards visible from the adjacent public right-of-way. 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.
^ 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 properly maintained.
^ Synthetic turf is subject to approval by the Director of Community Development,
prior to installation.
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