HomeMy WebLinkAboutPC RES 32073
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RESOLUTION NO. 3207
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF ZONE CHANGE 93-
002 TO AMEND THE EAST TUSTIN SPECIFIC PLAN TO
INCREASE THE MAXIMUM ALLOWABLE HEIGHT OF OPEN
TRELLIS AND BEAM CONSTRUCTIONS IN SIDE YARDS
FROM SEVEN AND ONE HALF (7½) FEET TO TWELVE
(12) FEET, AND TO PROVIDE UPDATED STREET NAMES
IN SECTION 3.5.G. OF THE SPECIFIC PLAN.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
That an application has been filed by
California Pacific Homes, requesting approval
of Zone Change 93-002 to amend the East Tustin
Specific Plan to increase the maximum
allowable height of open trellis and beam
constructions in side yards from seven and one
half (7~) feet to twelve (12) 'feet. The
proposed amendments also include minor
clarifications of certain street names
identified in Section 3.5.G of the East Tustin
Specific Plan entitled "Building and Landscape
Setbacks from Public Streets."
Be
That a public hearing was duly notice, called
and held on said application on November 22,
1993 by the Planning Commission.
Ce
That an Environmental Impact Report (EIR 85-2
for the East Tustin Specific Plan) has been
previously certified in conformance with the
requirements of the California Environmental
Quality Act for the subject project.
D.
Proposed Zone Change 93-002 would provide for
open trellis and beam constructions in side
yards up to a maximum of twelve (12) feet in
height, which is presently not accommodated in
the East Tustin Specific Plan. In addition,
proposed Zone Change 93-002 would update
certain street names in Section 3.5.G of the
Specific Plan.
E,
Proposed Zone Change 93-002 would not be
detrimental to the public health, safety and
general welfare in that the amendments would
only make corrections to certain street names
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Resolution No.3207
Page 2
and provide for an increase in maximum side
yard patio cover height that is ~oDsistent
with the maximum height currently specified in
the East Tustin Specific' Plan for detached
accessory structures.
II. The Planning Commission hereby recommends to the
C~ty Council approval of Zone Change 93-002,
amending the East Tustin Specific Plan to increase
the maximum allowable height of open trellis and
beam constructions in side yards from seven and one
half (7½) feet to twelve feet, and to provide
updated street names in Section 3.5.G of the
Specific Plan, subject to the conditions contained
in Exhibit A and amendments as shown in Exhibit B,
attached hereto and incorporated herein by
reference.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 22nd day of
November, 1993.
t(ATHLEEN CLANCY
Recording Secretar~J/
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution
No. 3207 was duly passed and adopted at a regular
meeting of the Tustin Planning Commission, held on the
22nd day of November, 1993.
KATHLEEN-~L~NCY ~7~
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3207
CONDITIONS OF APPROVAL
ZONE CHANGE 93-002 (CALIFORNIA PACIFIC HOMES)
GENERAL
(1) 1.1 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the approval
of any subsequent patio cover submittals utilizing the
amended standards within the East Tustin Specific Plan
area, subject to review and approval by the Community
Development Department.
(1) 1.2 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to any subsequent patio
cover approvals utilizing the amended standards within
the East Tustin Specific Plan area.
(1) 1.3 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities out of City's
approval of the entitlement process for this project.
PLAN SUBMITTAL
*** 2.1 Within 30 days of approval, the applicant shall submit 20
copies of the East Tustin Specific Plan, and a camera
ready master, with all revisions as shown in Exhibit B
attached hereto.
FEES
(1) 3.1 Within forty-eight (48) hours of approval of the subject
project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY CLERK in the amount of $25.00 (twenty-five
dollars) pursuant to AB 3185, Chapter 1706, Statutes of
1990, enabling the City to file the Notice of
Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15094. If
within such forty-eight (48) hour period the applicant
has not delivered to the Community Development Department
the above-noted check, the approval for the project
granted herein shall be considered automatically null and
void.
SOURCE CODES
(1) STANDARD CONDITIONS
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
(4) UNIFORM BUILDING CODE
(5) RESPONSIBLE AGENCY
REQUIREMENT
Exhibit A
Resolution No. 3207
Zone Change 93-002
Page 2
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of determination and require payment of fees, the
applicant shall deliver to the Community Development
Department, within forty-eight (48) hours of
notification, a cashier's check payable to the COUNTY
CLERK in the amount of $850 (eight hundred fifty dollars)
pursuant to AB 3158, Chapter 1706, Statutes of 1990. If
this fee is imposed, the subject project shall not be
operative, vested or final unless and until the fee is
paid.
EXHIBIT B
RESOLUTION NO. 3207
DRAFT ORDINANCE NO.1118
ZC93-002 (CALIFORNIA PACIFIC HOMES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 93-002 TO
AMEND THE EAST TUSTIN SPECIFIC PLAN TO INCREASE THE
MAXIMUM ALLOWABLE HEIGHT OF OPEN TRELLIS AND BEAM
CONSTRUCTIONS IN SIDE YARDS FROM SEVEN AND ONE HALF
(7%) FEET TO TWELVE (12) FEET, AND TO PROVIDE
UPDATED STREET NAMES IN SECTION 3.5.G OF THE
SPECIFIC PLAN.
The City Council of the City of Tustin does hereby ordain
as follows:
I. The City Council finds and determines as follows'
a.
That an application has been filed by
California Pacific Homes, requesting approval
of Zone Change 93-002 to amend the East Tustin
Specific Plan to increase the maximum
allowable height of open trellis and beam
constructions in side yards from seven and one
half (7½) feet to twelve (12) feet. The
proposed amendments also include minor
clarifications of certain street names
identified in Section 3.5.G of the East Tustin
Specific Plan entitled "Building and Landscape
Setbacks from Public Streets."
Be
That a public hearing was duly notice, called
and held on said application on November 22,
1993 by the Planning Commission and on
by the City Council.
C,
That an Environmental Impact Report (EIR 85-2
for the East Tustin Specific Plan) has been
previously certified in conformance with the
requirements of the California Environmental
Quality Act for the subject project.
D,
Proposed Zone Change 93-002 would provide for
open trellis and beam constructions in side
yards up to a maximum of twelve (12) feet in
height, which is presently not accommodated in
the East Tustin Specific Plan. In addition,
proposed Zone Change 93-002 would update
certain street names in Section 3.5.G of the
Specific Plan.
Exhibit B
Resolution No. 3207
Draft Ordinance 1118
Page 2
Ee
Proposed Zone Change 93-002 would not be
detrimental to the public health, safety and
general welfare in that the amendments would
only make corrections to certain street names
and provide for an ii,crease in patio cover
height which is consistent with the maximum
height currently specified in the East Tustin
Specific Plan for detached accessory
structures.
II. NOW, THEREFORE, the City Council of the City of
Tustin DOES HEREBY ORDAIN as follows:
Section 1. Section 3.5, General Development Standards, of the
East Tustin Specific Plan is hereby amended as follows:
ae
Section 3.5.J entitled "Trellis" is amended to read as
follows:
"Open trellis and beam constructions shall be permitted
to attach the garage or carport to the dwelling and may
also extend from the dwelling to the property line in the
side or rear yard. In side yards, the maximum height 0f
th~.i~i~opeh'i~i~tr~ll~'.i~..aha'.~'.b~am.'..'cons%~uc~!~hs shall not excee'd
~'!ii"tWei~'iiiiii'{'~21)ii~ii~i~e~t'.~i ......T~ i li's'"'~r&~'S""'sha 11 not exceed 5 0
per~'eh~'""~'f'""~he'"'~:ining open space of a developed lot."
B ·
Section 3.5.G entitled "Building and Landscape Setbacks
from Public Streets" is amended to read as follows:
"Building setbacks shall apply to all main structures
abutting the following streets. These setbacks shall be
measured from the center line of the street.
A minimum landscape area shall be provided adjacent to
these streets. This landscape area is a combination of
the parkway (measured from face of curb to right-of-way
line which includes a sidewalk and any utility easements)
and a landscape setback from the ultimate right-of-way.
This landscape area shall be measured from the center
line of the street. Portions of this landscape area may
include: areas dedicated to or assigned through easement
to the City of Tustin, if accepted; areas owned and
maintained by private individuals or associates; areas
owned by private individuals and/or associations and
maintained by public maintenance districts; or a
combination thereof.
Exhibit B
Resolution No. 3207
Draft Ordinance 1118
Page 3
Street
Min. Landscape Area
Interstate 5 from Mixed Use (ROW) 30
Myford Road '(J~ambor.~" :.R0ad)
· North of Bryan to' Portola 76
· Adjoining Mixed Use 76
· North of Portola 62
Bryan Avenue · Adjoining ELMO Channel
· Adjoining Mixed Use
57
67
Browning Avenue
63.5
Irvine Boulevard
· Between Browning & Ft Rd. 71
'(TU~St~in .'Ranch '.Road.)
· Fut6re ' (iTust~in 'iRanch ~'~R0ad) 76
to Myford
Portola Parkway
62
E1 Camino Real
52
La Colina Avenue
52
Future Road (iT6st~in'"'R~nch"Road)
· Bryan' 'to'" Port'01a' 76
· South of Bryan 76
· Adjoining Gen. Commercial 72
Lower Lake Drive'('Peters .Canyon 'Rd)
/Foothill Blvd. 40
Min. Buildinq Setback
30
81
95
67
85
78.5
76
81
67
57
57
81
96
77
45
Buildings shall be setback a minimum of 5-feet from tract
walls
Sideyard setbacks in Low District shall maintain 5-feet for
one-story and 10-feet for two-story adjoining tract wall."
Exhibit B
Resolution No. 3207
Draft Ordinance 1118
Page 4
Section 2. Severability
Ail of the provisions of this ordinance shall be construed
together in order to accomplish the purpose of these
regulations. If any provision of this ordinance is held by a
court to be unconstitutional, such unconstitutionality shall
apply only to the particular facts, or if a provision is
declared to be unconstitutional as applied to all facts, all
of the remaining provisions of this ordinance shall continue
to be fully effective.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the day of , ~.
JIM POTTS
MAYOR
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO. 1118
MARY E. WYNN, 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. 1118 was
duly and regularly introduced at a regular meeting of the City
Council held on the day of , and passed and
adopted at a regular meeting of the City Council held on the
day of , , by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
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