HomeMy WebLinkAboutORD 1398 (2011)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 of synthetic turf in the City of Tustin, for
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 No. 1398
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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, Code Amendment 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 No. 5.3
of the Tustin General Plan, 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.
(m) 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 No. 1398
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accordance with the Synthetic Turf Standards and subject to
the approval of the Community 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 blocks, which either (i)
threaten structural integrity, or (ii) result in a dilapidated,
decaying, disfigured, partially ruined, appearance. Any
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.
Section 3. Subsection 9267a, of the Tustin City Code 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
lots at the ends of cul-de-sacs with lot frontages of less than forty
(40) feet, the parking and driveway areas within the front yard
setback shall not exceed seventy-five (75) percent of the total front
Ordinance No. 1398
Page 3 of 7
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. Parking and driveway areas within the front yard setback which
abut the parking 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 buffer consisting of landscaping, raised hardscaping, or
combination of such materials installed in the 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 10 (Minimum Driveway Width for Garages with
Shared Driveway).
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 Director.
Ordinance No. 1398
Page 4 of 7
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 Synthetic
Turf Standards and subject to the approval of the Community
Development Director.
Section 5. Subsection 9267d of the Tustin City Code is hereby repealed.
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 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 6th day of September, ;'"" "
ATTEST:
PAMELA STOK
City Clerk
Ordinance No. 1398
Page 5 of 7
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 2"d day of August, 2011, and was given its second reading, passed
and adopted at a regular meeting of the City Council held on the 6th day of September,
2011, by the following vote:
COUNCILMEMBER AYES: amante, Nielsen, Gomez, Murray (4)
COU!`1CILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBERABSENT: Gavello (1)
M
P ELA STOKE ,
City Clerk
APPROVED AS TO FOR
DOUGLAS HOLLAND,
City Attorney
Ordinance No. 1398
Page 6 of 7
TUSTIN
Community Development Department • 300 Centennial Way • Tustin, CA 92780
Phone • 714.573.3140 • www.tustinca.org
Synthetic Turf Standards
BUILDING Oua FUrutu:
HONORING OuR Pest
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.
Ordinance No. 1398 set forth Synthetic Turf Standards and landscape requirements for synthetic turf
installation. Synthetic turf material shall be installed and maintained in accordance with these standards and
in a manner such that it simulates the appearance of real, well-maintained grass and drains properly.
June 2011
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^ 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 swell-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.
No. 1398