HomeMy WebLinkAboutORD 175 (1962)
ORDINANCE NO. 175
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
MODIFYING AND AMENDING ORDINANCE NO. 157, WHICH
ESTABLISHES REGULATIONS PERTAINING TO USES OF
LAND AND USES, LOCATION, HEIGHT, BULK, SIZE AND
TYPES OF BUILDINGS AND OPEN SPACES AROUND BUILD-
INGS IN CERTAIN DISTRICTS OF THE CITY, SPECIFIES
SAID DISTRICTS, PROVIDES FOR THE ADMINISTRATION
AND ENFORCEMENT OF SUCH REGULATIONS, AND PRE-
SCRIBES PENALTIES FOR VIOLATIONS THEREOF.
The City Council of the City of Tustin, California,
does ordain that Ordinance No. 157 of the City of Tustin be modified
and amended as follows:
Section l: Section 3.4 of Ordinance No. 157 shall be
amended to read as follows:
3.4 All lands hereafter included within the City of
Tustin are, and shall be, designated as the district
under which the land was zoned under the County Zoning
Ordinance, provided this Ordinance has a zone bearing
the same designation. All other lands which are not
designated on the aforementioned Zoning Map as being
included in any district are, and shall be, designated
as "U" or Unclassified District
, '
SeCtion 2: Section 4.4 of Ordinance No. 157 shall be
amended to read as follows:
P_D Any use permitted in any "'R~ District.
Any application for a use in this dis-
Section trict shall be accompanied by complete
development plans and architectural As set
4.4 sketches showing site used for planned
development; the character and use of YES forth in
adjoining land, the design and char-
acter, general size, location and use Section
of all buildings and structures to be
placed on the site, the location and 5.29
~ dimensions of streets, parking areas,
open areas and other uses.
SeCtion.~: Section 4.6 of Ordinance No. 157, under
"Minimumsoff-street parking space required" for "Multiple family
dwellings, apartment houses,~ shall be amended to read:
I garage for each dwelling unit, provided that park-
ing space may be allowed upon obtaining a use permit.
Section 4: Section 4.7 of Ordinance No. 157 shall be
amended to read as follows:
C-1 Retail businesses, exemplified by the following
list, when conducted within a building:
Antiques and Curios, Art Goods, Appliance Stores,
Auto Supplies (minor replacement parts and acces-
sories only, but not including installations),
Bakeries ,~ Bicycle sales ( including repairs), Books
and Statibnery, Ceramics (not including molding-
casting Qr manufacturing by any process), Clothing,
Confectionery, Department Store, Drug Store (in'
cluding gundries and notions), Dry Goods, Florist
Shops, Hardware (but not including equipment ren-
tals), Household goods and furr~ishing, Jewelry
Stores, ( including re air' and watchmaking) Leather
Goods Liquor Stores ~including on s~les~l Musi-
cal S~pplies and Instruments, Ne~s Stands, 8ffice
Supplies and Equipment, Pgint and WalIpaper,
Religious Supplies, Shoe Stores, Sporting Goods
(but not including boat and motor 'sales) Variety
Store.
Service businesses, exemplified by the following
list, including any re~ail sales incidental
thereto, when conducted within a building:
Banks (including those providing drive-in service),
and Finance Companies, Barber Shop, Beauty Parlor,
Blue Printing, 'Business Schools, Coin-operated dry-
cleaning establishments, provided no pressing is
done on'the premises, Coin-operated self-service
laundromats, Dry-cleaning and Laundry agencies,
(pick-up and delivery only), Hotels and Motels,
Interior Decorator, Job Printing Locksmith,
Photograph Gallery, Restaurants lnot including
drive-ins), Seamstress and/or Millinery Shop.
Shoe and/Or Luggage Repair Shop, Tailor Shop,
Telephone Answering Service, Travel Agency, Typ-
ing and Addressing Service, Bowling Alley
Professional Offices For:
Architect; Attorney; Chiropractor, Dentist, Doctor,
Oculist, Optometrist, and others licensed by the
State of California to practice the healing arts,
including clinics for out patients only: Engineer,
Land Planner, Surveyor.
General 10ffices For:
Accountants, AdVertising Agency, Contractors and
0
Real Estate Sales ffices),
InsUrance, Public Utility Office (but not including
corporate yards )
8721
None of the above listed uses or any other uses determined
to be permitted shall maintain any outside storage or
work areas. Nor shall there be any storage of any com-
mercial vehicle normally associated with any of the per-
mitted uses, Provided further that any use permitted
herein requiring such vehicle shall provide a perman-
ent parking and/or loading space for such vehicle.
The following additional uses subject to the approval
of a Use Permit:
Bakeries, wholesale; Commercial Outdoor Advertising YES
Structure; Commercial Parking Lots, Trailer Parks
Social Halls, Lodges, Fraternal Organizations,
Clubs and Rest Homes YES
Single family dwellings YES
Mortuaries, theatres and other uses which, in the
opinion of the Planning Commission, are of a similar YES
nature
Non-flashing signs appurtenant to any permitted
__ use and attached to the main building NO
Service Station, when driveways are approved by
City Engineer NO
All other signs appurtenant to any, permitted use YES
SectiOn 5: Section 4k8 of Ordinance No. 157 shall be
amended to read as follows:
C-2 All uses allowed in C-1 District, except As pro.
residential buildings, schools, churches vided
Sect. and outdoor sales establishments in Sec
4.8 4.7
Retail uses exemplified by the following:
Retail stores and personal service estab-
lishments within a building, including
bakeries, food shops, mortuaries, nurseries,
offices, radio stores, restaurants, shoe
shops, studios, public utility buildings
and uses, except Corporation Yards, amuse-
ment resorts, and bowling alleys. NO
Service Stations, when driveways are NO
approved by City Engineer.
/
Signs attached to the main building and NO
appurtenant to any permitted use.
.Any use permitted in any "R' District YES
Animal hospitals, auto repair shops,
drive-in establishments when of a type
of use indicated, cleaning and dyeing
establishments, second-hand sales, out-
door markets, outdoor sales establish-
ments, pet shops, motels, hotels, rest YES
homes, public garages, used car sales
lots, and other uses of a similar nature.
Churches, schools, Public.
Signs, other than these attached tO the
main building and appurtenant to any per- YES
mitted use, including outdoor advertis-
ing structures.
SeQtion 6: Section 5.24 of Ordinance 157 shall be
amended to read as follows:
5.24 The Planning Commission may appoint an
Architectural Committee of .three members.
Section 7: Section 5.25 of Ordinance 157 shall be
amended to read as follows: ~
5.25 The Architectural Committee shall have authority
to approve architectural sketches within the meaning
of Section 5.23 of this Ordinance.
Section 8: Section 5-29 shall be added to Ordinance No.
157, to read as follows:
5.29 P-D Zone Regulations:
(1) PUrpose. The P-D, Planned Development District,
is hereby authorized to provide for garden apartment
development, regulated so as to cover a minimum o~
ground area and provide a maximum of open space. his
zone will provide most of the desirable residential
characteristics found in single family residence areaS.
(2) Uses Permitted
(a) Bungalow courts.
(b) Apartment houses.
(c) One (1) temporary, single-faced, unlighted
sign not exceeding one hundred (100) square feet
in area pertaining only to the sale or lease of
buildings within the development. Said sign shall
be permitted to remain for a period not to exceed one
(1) year from the date of final inspection, by the
City of Tustin, of the first dwelling unit within
the development.
(d) One permanent unlighted sign not exceeding six
(6) square feet in area pertaining only to the sale
or lease of the property or buildings upon which
displayed.
(e) One permanent resident manager's office devoted
solely to the rental of the dwelling units on the
same parcel, provided said office and surrounding
grounds retain a residential character; that signs
be limited to those permitted in subsection "C' of
this section; that no advertising devices be erected
other than those mentioned herein.
(f) Accessory bui.ldings. The following uses, sub-
ject to the issuance of an approved Conditional Use
permit:
1. All uses that are subject to a Conditional
Use Permit in the R-1 District.
2. Senior Citizen developments, rest homes and
homes for the a ed, provided all provisions set
--- forth for this ~istrict are complied with.
(3) Submittal of P~eliminary DrawingS:
(a) Any application for a use permit in this dis-
trict shall comply with Section 7.2 and be submitted
to the P.C. and accompanied by complete preliminary
architectural development plans. These shall show
the character, use and zone of adjoining land, the
design and character, landscaping, general size,
location and use of all buildings and structures to
be placed on the site, location and dimensions of
streets, parking areas,.open areas and other areas.
(b) Ingress and egress of fire fighting equipment,
fire hydrants and other fire protection facilities
are subject to approval of the Fire Chief.
Submittal of Final Development PlanS. Detail to be
ShOwn:
(a) Every application for a building permit for
the development of property in the P_D District
shall be re-submitted for approval to the Planning
Commission, and shall be accompanied by detailed
architectural drawings., and plot plans, all to a
workable scale, showing the elevation and location
of the proposed buildings; proposed location and type
of landscaping; use and. treatment of grounds around
such buildings or structures; off-street parking;
physical features such as trees, hydrants, electric
and telephone poles,:flood lights, driveways, fences=,~
signs, proposed drainage, sewage disposal facilities
and any other pertinent information considered appro-
priate'by ~he applicant or Planning Commission to
bring the development within the purpose of this Dis-
trict.
(b) All plans shall show thereon hose cabinets, wet
stand pipes with siamese connections and any other
facilities considered'to provide adequate fire pro-
tection. Said location and type of such facilities
shall be approved by the Fire Chief of the City of
Tustin prior to the approval of the Development Plans
by the Planning Commission, as set forth in Section
5.29 (4').
(c) Water drainage and run-off~shall, also, be
approved by the City Engineer of Tustin, prior to
approval. of Development plans by the Planning Com-
mission.
(5) Development Standards:
(a) Any developmen~ in this District shall be sur-
rounded by a solid redwood or cedar fenoe or masonry
wall or combination thereof. However, nothing herein
shall require the construction of the aforementioned
fence a~ong any pnoperty line abutting a street, alley
or at driveway entrances and exits.
(b) All required yards shall be landscaped and main-
tained in accordance with the approved landscape plan.
(c) If any parcel zoned P-D is to be developed in
accordance with the provisions set forth for this Dis-
trict and said parcel abuts a street not improved to
City standard, the owner shall dedicate the necessary
street easement to the City and improve said street so
as to be in. accordance with the design standards and
specifications of the City of TUstin prior to the
issuance of a utility release by the Building Depart-
ment.
(d) All trash collection and garbage collection areas
shall be surrounded on at least three sides by a five
(5) foot fence or block wall, with adequate access to
and from these areas for trash and garbage collection
vehicles.
(e) Due ~o the complexity of Planned Development, it
is illogical ardimpractical to define he~ein an exact-
pattern for the arrangement of group dwell'ings for a
parcel involving two or more main dwellings; however,
it is .the intent of this District to provide a func-
tional and non-monotonous orientation of buildings
with a maximum of open space aronnd each main buildings
consisting of courtst, parkways and patio areas all
oriented so as to provide separation of vehicular
traffic from play areas and recreational areas for
children and adults.
(f) All off-street~parking areas not under cover shall
be screened from the view of surrounding residents or
tenants of the project by a fence or shrubs and bushes
whose normal growth is not less than four (4) feet in
height.
('g) All points of vehicular access ~ and from off-
street parking areas and drivewa s onto public rights-
of-way shall be approved by the ~ity Engineer' of the
City of Tustin. Wherever a private driveway enters
onto said pu'blic right-of-way, a stop sin shall be
erected and maintained at such exit poi~i to insure
reasonable traffic safety.
(h) All surfacing materials of driveways and off-
street parking areas shall be approved by the City
Engineer.
(i) All interior streets and private drives shall be
constructed to the standard set forth by the City of
Tustin prior to the dedication of any such streets to
the City of Tustin. Streets not so constructed need
not be accepted by the City of Tustin.
(6) Approv~ Of Final DeVelopment Plans bM Planning Com-
mission:
The Planning Commission shall approve or cause to be
approved the aforementioned development plans, as set
forth in Section 5-29 (4), if all provisions for this
District are complied with and the development is
within the spirit and.intent of this District, as
determined by the Planning Commission. All develop-
ment shall be in accordance with the approved plans
prior to a utility release by the Building Department.
(7) Height Limit:
(a) None except as limited herein below.
(b) When a lot in the P_D District abuts at any point
along its property lines, or is directly across a
street or alley' from, property zoned RA, E-4 or R-l,
no main buildings shall be erected on said P-D lot
to a height to exceed one (1) story or twenty (20)
feet within one hundred and fifty (50) feet of
i said
zoned property. Further, no main buildings shall be
erected on said p_D lot to a height to exceed three
(3) stories or fifty (50) fees within three hundred
(300) feet of said RA, E-4 or R-1 zoned property.
Sid~ Yard:
(8) (a) When any interior side property line of a lot in
the district abuts property in the RA, E-4 or R-1
District, each dwelling shall have a required side
yard along said side property line of not less than
fifteen (15) feet with landscaping.
(b) When any interior side property line of a lot in
the P,D District abuts prq~rty in the P_D District
or any other District not set forth in.Section 5.29
(8) (a), there shall be a required side yard alon~
that side property line of not less than five, (~ .
feet regardless of the height of the dwelling on
the lot.
(c) When any interior side property line of a lot in
the District abuts a lot or lots having zone classi-
fications of RA, E-4 or R-1 and any other District,
subsection (~) of this Section shall apply in the
determination of the required side yard along that
entire interior side property line.
(d) On corner ~lots, the side ard on the street side
shall be not less than ten (10~ feet.
(9) Rear Yard:
(a) When anylot zoned P_D has a rear property line
abutting property in the RA, E-4 or R-1 District,
each dwelling shall have s required rear yard of not
less than fifteen (15) feet with landscaping.
(b) When any lot zoned P.D has a rear property line
abutting a lot in any other District not set forth in
subsection (A) of this Section, there shall be a re-
quired rear yard of not.less than ten (10) feet.
(c) When any lot in the P-D District has a rear pro-
perty line common to a property line of. a lot or lots
having zone classifications of RA, E-4 or R-1 ~nd any
other District, subsection (A) of this Section shall
apply in the determinationof the required rear yard
along that entire rear property line.
(t0) Minimum Gross ~loor AreS:
(a) The following uses shall be subject to the follow.
ing minimum square feet of gross floor ares per unit
!exclusive of garages, carports and unenclosed porches
and patios.
Bachelor apartment: 450~square feet.
One bedroom apartment: 650 square feet.
Two bedroom apartment: 800 square feet
(b) Further, for each additional bedroom in excess
of two bedrooms in an apartment unit, there shall be
an additional 100 square feet of gross floor area.
(ll) MSnimum LOt Area per Dwelling Unit:
(a) For any one (1) storY, two (2) story, or three (3)
story single-family dwelling, two-family dwelling or
multiple-family dwelling: not less than one thousand
five hundred (1,500)~square feet'of lot area per dwell-
ing unit constructed therein.
(b) For any four (4).or:more story single-family,
two-family, or multiple-family dwelling: not less
H ·
than.five undred (500) square feet of lot,area per
dwelling unit constructed therein.
(c) Where an apartment development 6onsists of more
than one main building and said buildings vary in
' height, then paragraphs (a) and (b), above, shall be
· applied respectively'for each main building, depend-
ing on the height of each main building.
(d) For the purpose of this' section only., if the
topmost story of any dwelling unit pr6posed to be
const~u:cted in the P-D District is used for. the hous-
ing of any mechanical equipment, such.as air-condition-
ing facilities and elevator mechamisms, but is void of
any dwelling unit, then said topmost story shall not
be declared a story.
(12) Maximum L~ CoVerage:
Not more than fifty (50) percent of the total lot
area shall be devoted to main and accessory building
covered patios. The r a f percent of
the total lot area shall be devoted to landscaping;
lawn area,noncommercial outdoor recrea6ional facili-
ties incidental to the residential development, such
as private swimming pools, putting greens and tennis
courts; walkways; uncovered patio areas; fences and
necessary fire-fighting equipment and installations
as reauired in Section 5-~9 (4) (b)' further,'the open
space required by this section shall be arranged and
provided in such a manner that it is accessible and
usable for the purpose intended herein. Said open
space shall not be devoted to commercial agricultural
pursuits or any other activity in conflict with the
stated purpose of this section and District.
(13) Qff-Street Parking:
Total parking shall be l-l/2 space per unit, with at
least I covered space per unit.
(14) ~Subdivision of ~rooerty ~eloped Under the ~istrict:
Upon completion of a development of property in the
P-D District, no portion of the property involved
in said development shall be severed or sold, unless
said severed parcel and the development thereon com-
ply with all provisions set forth for the P-D District.
Further, the remaining parcel and development thereon
shall also comply with said P_D District provisions.
Nothing herein shall prohibit the sale of any one-
family dwelling, two-family dwelling, multiple-family
or any dwelling unit within a two-family or multiple-
family dwelling, provided all common open areas, re-
quired yard areas, recreational areas and similar areas
constituting the required fifty (50) percent open areas,
as set forth in Section 5.29 (12), are retained~l~in
trust or otherwise for the benefit of all tenants and
owners of any interest of any of the structures on the
original area developed as a unit. Further, prior to
issuance of building permit or approval~of the plans
as set forth in Section (~) deed restrictions pro-
hibiting th~ alienation of all land areas not
devoted to buildings shall be recorded in the office
of the County Recorder of the County of Orange,
California. Said restrictions shall include a
statement that said deed restrictions shall'be
irrevocable for a period of not less than thirty
(30) years. A copy of said deed restrictions shall
be filed with the Planning Department prior to the
issuance of a building permit to the owner of the
original project.
~ection 9: Section 11.19 of Ordinance 157 shall be
amended to read as follows:
11.19 "Dwelling Groups~ - A group of two or more detached
one-family, two-family or multiple dwellings occupying a
parcel of land in one ownershio and having any yard or
court in common, but not including automobile courts.
Section 10: Section 12.12 of Ordinance 157 shall be
amended to read as follows:
12.12 Whenever the Superintendent of Building and
Safety, or Planning Commission of the City of Tustin
is called upon to determine whether or not the
use of land or any structure in any district is
similar in character to the particular uses allowed
in the district, the Commission shall consider the
following factors as criteria for their determina-
tion.
(a) Effect upon the public health, safety and
general welfare of the neighborhood involved and
the City at large.
(b) Effect upon traffic conditions.
(c) Effect upon the orderly development of the
area in question and the City at large, in regard
to the general planning of the whole community.
Section ll: Section 13.1 of Ordinance No. 157 shall
be amended to read as follows:
13.1 It shall be the duty of the Superintendent
of Building and Safety of the City of Tustin to en-
force the provisions of this Ordinance pertaining
to the use of land or buildings in the erection,
construction, reconstruction, moving, alteration,
or addition to any buildings or structures. Any
permit or license of any type issued by any
department or officer of the City of Tustin issued
in conflict with the provisions of this Ordinance
is hereby declared to be null and void.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City ~/Tustin, California, held on the 2nd day of July, 1962.
ATTEST:
C T CLER
STATE OF CALIFORNIA )
COUNTY OF ORANGE, )
CITY OF TUSTIN, ) sso
RUTH C. POE, 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 was duly
and regularly introduced and read at the regular meeting of the
City Council held on the 18th day of June, 1962, and was given
its second reading and duly passed and adopted at a regular meeting
held on the 2nd day of July, 1962, by the following vote:
AYES: COUNCILMEN: Doney, Sheridan, Humeston, Klingelhofer
NOES.~: COUNCILMEN: None
ABSENT: COUNCILMEN: Mack
~ ....· C i~ti n ,~CCal i fornia
~ I Y CLERK ~'---,