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HomeMy WebLinkAbout18 SECOND READING OF ORD 1398Agenda Item ~ 8 Reviewed: AGENDA REPORT City Manager Finance Director N/A MEETING DATE: SEPTEMBER 6, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: PATRICIA ESTRELLA, CITY CLERK SERVICES SUPERVISOR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1398 SUMMARY: Adopted in 2001, Ordinance No. 1240 required a 3-foot landscape buffer between adjacent properties to prohibit driveway or parking areas from extending uninterrupted from property to property. However, Ordinance No. 1240 mandated the 3-foot landscaped area in front yards at the side property line regardless of the size of the paving, the configuration of the lot or the fact that hundreds of properties in the City previously contained concrete paving in violation of the requirement. Staff began enforcing Ordinance No. 1240 on a complaint basis following the end of a three year sunset period. On May 4, 2010, in response to citizen concerns, the Tustin City Council directed the Planning Commission to consider and provide a recommendation on possible revisions to the Tustin City Code pertaining to the three-foot wide landscaped area requirement. On May 24, 2011, the Planning Commission adopted Resolution No. 4173 recommending that the three-foot requirement be preserved, but that additional flexibility be provided to the Community Development Director to approve a variety of landscape and hardscape features to satisfy the required three-foot buffer. On July 5, 2011, the City Council considered the Planning Commission's recommendations for proposed Ordinance No. 1398. Following discussion, it was concluded that other Tustin City Code provisions, currently limiting pavement to 50 percent of the front yard, were sufficient to preserve an attractive streetscape in residential neighborhoods, and that mandating the three-foot buffer was unnecessary at this time. The City Council directed staff to amend proposed Ordinance No. 1398 to eliminate the requirement for athree-foot wide landscape area between adjacent properties but that unattractive, excessively-paved areas should remain a concern, and that sufficient discretion should be available to ensure that the code does not unfairly apply to narrow lots, lots at the ends of cul-de-sacs, or other irregular conditions. Draft Ordinance No. 1398 (Code Amendment 11-004) has now been revised in accordance with City Council direction. As a wholly separate matter, Proposed Ordinance No. 1398 also includes proposed regulations to allow for the installation of synthetic turf on private property since the same Tustin City Code Sections are affected and may have a correlation in application. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1398 (roll call vote}. FISCAL IMPACT: None. BACKGROUND: On August 2, 2011, the City Council had first reading by title only and introduction of the following Ordinance: 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 ATTACHMENT 1 Ordinance No. X398 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 Gity 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 Gity 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 of synthetic turf in the City of Tustin, far consideration by the City Council; D. That on May 10. 2011, 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, 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 made minor modifications to the proposed Synthetic Turf Standards 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. That a public hearing was duly called, noticed, and held on July 5, 2011, by the Tustin City Council at which the Council heard public comments, considered and discussed draft Ordinance No. 1398 (Code Amendment 11-004) and directed staff to amend proposed Ordinance No. 1398 to eliminate the requirement for athree-foot wide landscape area between adjacent properties but that unattractive, excessively-paved areas should continue to be a concern, and that sufficient discretion should be available to the Community Development Director to ensure that the code does not unfairly apply to narrow lots, lots at the ends of cul-de-sacs, or other irregular conditions; and to make no modifications to the proposed Synthetic Turf Standards; G. That Draft Ordinance No. 1398 (Code Amendment 11-004) has now been revised in accordance with City Council direction; H. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA} Subsection 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) to eliminate the requirement for athree-foot landscape/hardscape setback to property line and 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, Gode Rmendment 11-004 is not subject to CEQA; and That Code Amendment 11-004 is consistent with Housing Element Policy No. 6.4 and Conservation/Open Space/Recreation Element Policy Na. 5.3 of the Tustin General Phan, which promotes water efficient landscapes and water conservation techniques. Section 2. Subsection 5502(1) of the Tustin City Code is hereby amended to read as follows: "(I) Presence of graffiti, that is, City unauthorized inscribing, spraying of paint, or making of symbols using paint, spray paint, ink, chalk, dye, or similar materials on public or private structures, buildings, or places. ~ Property failing to meet minimum levels of maintenance and care as set forth as follows: (1) Landscaping. All landscaping shall be maintained in a healthy condition free of dead, decayed, overgrown or discarded plant material and all synthetic turf material be maintained in Ordinance 1398 Page 3 accordance with the Synthetic Turf Standards and sub'e~ ct to the approval of the Communi~ Development Director; (2) Landscape irrigation. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas; (3) Walls, fences and other structures. All walls, fences and trash enclosures and other structures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks which either (i) threaten structural integrity, or (ii) result in a dilapidated, decaying, disfigured, partially ruined, appearance; (4) Parking and related surfaces. Parking surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt or other driving or walking surfaces are free of potholes, buckled or cracked surfaces or raised areas; (5) Building elevations and roofs. Exterior building surfaces and roofs shall be maintained free of significant surface cracks, missing materials, warping, dry rot or blacks, which either (i) threaten structural integrity, or (ii) result in a dilapidated, decaying, disfigured, partially ruined, appearance. violation of this subsection is hereby declared to be a misdemeanor; (6) Trash and debris. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with permitted uses are to be stored solely in designated trash enclosures. reby--~esfare~ --te--be--a r~iede~eana~" Section 3. Subsection 9267a, of the Tustin City Gode is hereby amended to read as follows: "a. Driveways For Residential Uses. 1. The driveway width within the front yard setback shall be a minimum of twelve (12) feet and a maximum of twenty-four {24) feet; if the garage or carport is designed for three (3) or more vehicles, the driveway width within the front yard setback shall be a minimum of twelve (12) feet and a maximum of thirty (30) feet. For Ordinance 1398 Page 4 lots at the ends of cul-de-sacs with lot frontages of less than forty (4Q) feet, the parking and driveway areas within the front yard setback shall not exceed seventy-five (75) percent of the total front yard setback. The total width may be divided for properties with two (2) driveways. 2. Circular driveways shall have a minimum outside radius of twenty- five (25) feet. 3. 9etas#ae~l-s+r~gle-fam~y-~eside~t+a1 ate+t--pParking and driveway areas within the front yard setback which abut the parkin~or driveway area of an adjacent lot shall not be designed or installed in such a manner so as to create an unattractive, excessively-paved area. Adjacent parking and driveway areas determined by the Director of Community Development to be unattractive or excessive shall be separated with a t-wide--buffer consisting of landscaping raised hardscapinc~or combination of such materials installed in the la~dpe--area between the parking or driveway area and the adjacent side or rear property line." 4. A driveway leading to a parking area for duplexes, condominiums, and dwelling units located on a flag lot may be located, in part, along the driveway of a contiguous lot and may, in part, be a common driveway which provides access to more than one (1) dwelling unit. 5. Paved areas (e.g., parking of vehicles or providing pedestrian access to the residence) may be provided within the front yard setback of residential districts if the total paved area does not exceed fifty (50) percent of the total front yard setback area, the parking of vehicles does not obstruct ingress and egress to required parking, and all of the requirements of this Zoning Code can be met. For narrow lots or lots at the ends of cul-de-sacs with lot frontages of less than forty {40} feet, or other similar irregular conditions, the percentage of parking and driveway areas within the front yard setback maY be reduced through Design Review approval of the Director of Community Development. 6. Where garages face each other and are separated by a shared driveway, the minimum driveway width shall be twenty-five (25) feet. See Figure 1 Q (Minimum Driveway Width for Garages with Shared Driveway). Ordinance 1398 Page 5 7. Any deviation from the above standards may be considered on a case by case basis, subject to review and approval by the Community Development Directar. Section 4. Subsection 9267c of the Tustin City Code is hereby amended to read as follows: "c. 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 maintained in accordance with the S nthetic Turf Standards and subject to the approval of the Community Development Director." Section 5. Subsection 9267d of the Tustin City Code is hereby repealed: „~ ~ 48 r~+r+~-,all-nets---to---~e< + ~s-s~+bsest+~~~~.-Aey exoe~s~sr-paved- areae-a~e- , een~#er~+--te-the--~+s+ees-ef-- fo4lawiag dat~~~-{a}-w+t#a+~t#+rty-s+~-436}-~eRtt~-af-t#ez~,~st~ve date E~ -N~3-~~e-date-ef ~y-thy: Deve4e~eet--e~ tf~e-k3+resta~'s--~IE~~. „ Section 6. The Synthetic Turf Standards for the City of Tustin as they may be amended from time to time by the Community Development Director, in his or her discretion, attached hereto as Exhibit A, are hereby approved and incorporated herein by reference. 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 adapted 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. Ordinance 7 398 Page 6 PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 6t"day of September, 2011. JERRY AMANTE, MAYOR ATTEST: 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 whale 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 2nd day of August, 2011, and was given its second reading, passed and adopted at a regular meeting of the City Gauncil held on the 6t" day of September, 2011, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK Published: EXHIBITA Synthetic Turf Standards .. ... .. ~, F { ;~'` ~ g , ,~~;~i J~~r~c~ '{7 ~..' ,,~ ~ :, _~ i'•i' ~~, .~ i~; I' _ ~i ~l~: _ ~~,u iU ill l~ '. 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