HomeMy WebLinkAboutORD 113 (1957)d
ORDINANCE NO. 113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN AMENDING SECTION 51 12 AND 15 OF
ORDINANCE NO. 71 OF THE CITY OF TUSTIN, AS
AMENDED, ENTITLED "AN ORDINANCE.PROVIDING FOR
THE ESTABLISHMENT OF ZONES IN THE CITY OF TUSTIN,
ADOPTING A MAP SHOWING SAID ZONES, AND A MAP
SHOWING BUILDING LINES, DEFINING THE TERMS
USED IN THI& ORDINANCE, PROVIDING FOR ITS AD-
JUSTMENT, ENFORCEMENT, AND AMENDMENT, PRESCRIBING
PENALTIES FOR VIOLATIONS AND REPEALING ANY
ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT
HEREWITH", AND ADDING NEW SECTIONS TO SAID
ORDINANCE TO BE NUMBERED 6.5, 9.5 AND 16.,5.
The City Council of the City of Tustin, California,
does ordain as follows:
Section 1. Sub -section A of Section 5 of Ordinance
No. 71 of the City of Tustin, as amended, entitled. "An
Ordinance Providing for the Establishment of Zones in the
City of Tustin, Adopting a Map Showing said Zones., and a
Map Showing Building Lines, Defining the Terms Used in
this Ordinance, Providing for its Enforcement, and Amendment,
Prescribing Penalties for Violations and Repealing any
Ordinances or Portions of Ordinances in Conflict Herewith"
is hereby amended to read as follows
"A. ZONES -- In order to carry out the purpose and
provisions of this Ordinance the city is hereby divided
into nine (9) zones known as:
"E" - Estates Zone.
"Rl" - One Family Dwelling Zone.
"R2" - Two Family Dwelling Zone.
11R3" -Multiple Dwelling Zone.
"A" - Agricultural Zone.
"Cllr' - Local Commercial Zone.
110211` - General Business Commercial Zone.
"Ml" - Limited Industrial Zone. A
"T't - Housetrailer Zone.
The zones aforesaid and the boundaries of such zones
are shown on a map attached hereto and made a part of this
Ordinance, being designated as the "Zoning Map", and
said map and all the notations, references and other
information shown thereon- shall be as much a part of this
Ordinance as if the matters and information set forth by
said map were all fully described herein.
Any zone hereinabove defined not shown on the "Zoning
Map" and not existing within the City of Tustin may be
established in the same manner as is provided for changes
and amendments in Section 18 of this Ordinance."
Section 2. Section 6.5 is hereby added to said
Ordinance No. 71, as amended. Said Section is to read as
follows;
"SECTION .6..5. ESTATES ZONE REGULATIONS.-
A.
EGULATIONS:
A. USES PEFdVIITTED:
1. Farming, including all types of agriculture
and horticulture.
EXCEPT;
a. Commercial dairies.
b. Commercial kennels, rabbit, fox, goat and
other animal raising farms.
c. Egg producing ranches and farms devoted to the
hatching, raising, fattening and/or butchering of chickens,
pigeons, turkeys and other poultry on a commercial scale.
d. Hog and other livestock feeding ranches.
e. Ranches operated publicly or privately for
the disposal of garbage, sewage, rubbish or offal.
2. Public parks.
3. One family dwellings of. a permanent character
placed in permanent locations, including one permanent guest
cottage for each building site.
4- Home occupations, offices and studios when
conducted within the dwelling by the occupants thereof,
provided no advertising sign, merchandise, products or
other material or equipment is displayed for advertising
purposes.
5. Accessory buildings, structures and uses.
6. One (1) unlighted sign not exceeding six (6)
square feet in area pertaining only to the sale,, lease or
hire of only the particular building, property or premises
upon which displayed, and/or advertising only the sale of
agricultural or farming products grown or produced on the
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premises. No other advertising sign, structure or device
of any character shall be permitted in any "E", Estates Zone.
B. BUILDING HEIGHT LIMIT:
Except as provided in Sections 15 and 16, the
building height limit shall be two (2) stories and not to
exceed thirty-five (35) feet.
C. BUILDING SITE AREA REQUIRED:
Except as provided in Sections 15 and 16.5, the
minimum building site area for each one family dwelling
shall be ten thousand (10,000) square feet, and the minimum
building site width shall be eighty (80) feet.
D. FRONT YARD REQUIRED:
Except as provided in Sections 15 and 16, no buildings
shall be erected closer than sixty (60) feet to the center
line of the street or highway upon which the building site
fronts.
E. SIDE YARD REQUIRED:
Except as provided in Sections 15 and 16, each side
yard shall be at least ten (10) per cent of the average
width of the building site, provided, however, that the
maximum side yard required under this provision need not
exceed twenty (20) feet.
F. REAR YARD REQUIRED:
Except as provided in Sections 15 and 16, the depth
of the -rear yard shall be at least twenty-five ( 25) feet.
Section 3. Section 9.5 is hereby added to said
Ordinance No, 71 as amended. Said Section is to read as
follows:°
"SECTION 9.5 AGRICULTURAL ZONE REGULATIONS:<
A. USES PERMITTED:
1. Farming, including all types of agriculture
and' horticulture.
EXCEPT.
a. Hog and commercial livestock feeding ranches.
b. Farms operated publicly or privately for the
disposal of garbage, sewage, rubbish or offal.
2. Golf, polo, swimming, tennis, yacht and country
clubs, but_.not including any other sport, recreation or
amusement enterprises operated as a business, or for
commercial purposes.
3. Public parks, playgrounds and athletic fields.
4. One and two family dwellings, detached guest
cottages and employees quarters, all of a permanent character.
5. Accessory buildings, structures and uses.
6. Home occupations, offices and studios when
conducted within the dwelling by occupants thereof, provided
not more than one (1) sign unlighted and not exceeding two
(2) square feet in area is displayed in connection therewith.
7. One (1) sign unlighted and not exceeding six
(6) square feet in area pertaining only to the sale, lease
or hire of only the particular building, property or premises
upon which displayed. Except as otherwise provided no
other advertising sign, structure or device of any character
shall be permitted in any "A", Agricultural Zone.
8. Temporary stands for the sale of agricultural
or farming products grown or produced on the premises shall
be permitted as accessory uses, upon the following conditions:
a. When stand is to be in place for a period of
more than ninety (90) days, plans thereof shall be submitted
to and approved by the Planning Commission.
b. The floor area of stand does not exceed one
hundred (100) square feet.
c. The stand is exclusively of wood frame type
construction.
d. The owner remove such stand at his expense when
not in use.
e. The stand not to be located closer than twenty
(20) feet to any public highway right of way.
9. Apiaries, upon the following conditions:
a. No occupied hives be closer than one hundred
fifty (150) feet to any street or highway.
b. No occupied hives be closer than four hundred
(100) feet to any existing dwelling not on the premises or
the premises of another apiary, unless the written consent
of the owner of such dwelling is secured.
C. No occupied hives be closer than fifty (50)
feet to any property line common to other property lines
other than property lines of another apiary.
10. The following additional uses, subject to the
issuance of conditional permits therefor, as provided in
Section 16.5 of this Ordinance:
a. Public utility building and structures.
b. High voltage power transmission lines.
c. Cemeteries, mausoleums and crematories.
d. Churches, schools, colleges, museums,
libraries, veterinary hospitals, clinics, hospitals and
sanitariums, commercial stables, packing plants for whole
agricultural products.
e. Mining or quarrying and other earth -extraction
industries.
f. Commercial or public airports; and landing fields.
g. Airplane landing fields for public use.
h. Commercial dairies having herds of more_ than
five (5) head.
i. Livestock feeding ranches not feeding garbage,
refuse or offal.
j. Kennels and small animal farms, egg, poultry
and squab farms and similar types of farming.
k. Any other use which is determined by resolution
of the City Council after recommendation by the Planning
Commission to be -similar in character and not more detri-
mental to the welfare of the neighborhood in which -located
than any use listed above.
B. BUILDING HEIGHT LIMIT:
Two (2) stories and not to exceed thirty-five (35)
feet, except as provided in Sections 15 and 16.
C. BUILDING SITE AREA REQUIRED:
Except as provided in Sections 15 and 16, the minimum
building site area shall be seventy-two hundred (71200) square feet.
D. FRONT YARD REQUIRED:
Except as provided in Section 15 and 16, no,buildings
shall be erected closer than fifty (50) feet to the center
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line of the street or highway upon which the building site
fronts.
E. SIDE YARD REQUIRED:
Except as provided in Sections 15 and 16, each side
yard shall be not less than five (5) feet wide.
F. REAR YARD REG?UIRED:
Except as provided in Sections 15 and 16, the depth
of the rear yard shall be not less than twenty-five (25)
feet."
Section 4- Sub -section A of Section 12 of ,said
Ordinance No. 71, as amended, is hereby amended by deleting
use number 23, to wit: "Trailer Courts" therefrom.
Section 5. Section 12.5 is hereby added to said
Ordinance No. 71, as amended. Said Section is to. read as
follows:
"SECTION 12.5. "T" HOUSETRAILER ZONE REGULATIONS.
A. USES PERMITTED:
1. All uses permitted in the "E", "R1", 'tR2", "R3",
"Alt and"ClIf Zones
2. Housetrailer or mobile home parks.
3. Uses customarily incident to the above uses and
accessory building."
Section,6. Section 16.5 is hereby added to said
Ordinance No. 71, as amended. Said Section is to read as
follows:
"SECTION 16.5. CONDITIONAL PERMITS.
A. The Planning Commission after public hearing
noticed in the manner provided in Section 17 of this
Ordinance shall have the power to authorize the issuance
of conditional permits by the Building Inspector for speci-
fied types of, uses and buildings in the foregoing zones
as provided in the use regulations of such zones under
conditions which will preserve the integrity and character
of the zone, the utility and value of adjacent property
and the general welfare of the neighborhood.
B. All authorizations to the Blxilding Inspector
must be made in writing and can be made only after formal
written order finding and determining the facts to comply
with the provisions of this Section.
C. Conditional Permit Effective - Appeal. No
conditional permit granted or authorized by the Commission
as provided above shall become effective until after an
elapsed period of ten (10) days from the date the written
determination and authorization is made, during which time
written appeal therefrom may be taken to the Council by,any
person aggrieved or affected by any determination by the
Commission in connection with any application for
conditional permit, or upon the failure of the Commission
to make its determination on any application within thirty
(30) days from the time such conditional permit is applied
for. Such appeal shall be filed in triplicate with the
City Clerk and shall state the grounds therefor and wherein
the Commission failed to conform to the requirements of
this Ordinance. The City Clerk shall forthwith transmit
one (1) copy of said appeal to the Building Inspector
and the other copies to the Commission. Said appeal stays
all proceedings in furtherance of the action appealed from
until the determination of the appeal.
Upon receipt of the appeal the Commission shall within
ten (10) days transmit to the Council the original
application and copies.of all other papers constituting
the record upon which the action was taken, together with
a written report disclosing in what respects the application
for conditional permit and facts offered in support thereof
met or failed to meet the conditional permit requirements
set forth in Sub -section A of this Section. The Council
may by resolution affirm, reverse or modify in whole or in
part any decision, determination or -requirement of the
Commission, but before granting any appealed petition
which was denied by the Commission, or before changing
any of the conditions imposed by the Commission in a
conditional permit authorized by the Commission, the Council
must set the matter for hearing giving the same notice as
that provided in Paragraph 2, sub -section D of Section 17
and must make a written finding of fact setting forth
wherein the Commission's findings were in error and
wherein the property or particular use involved meets
the requirements set forth in Sub -Section A of this Section.
A four -fifth (4/5ths)
vote of
the whole
of
the
Council shall be required to
grant in
whole or
in
part any
appealed application denied by the Commission."
Section 7. Sub -Section B of Section 15 of said
Ordinance No. 71, as amended, is hereby amended by adding
thereto a new Paragraph numbered 9, to read as follows:
119.
In
any zone the
minimum building
site
area re-
quired may
be
established
as different from
that
set forth
in the regulations of the zone by designating such different
area upon an official zone map as follows:
a. Where a number greater than one hundred ( 100)
follows and is connected by a hyphen with the zone symbol,
such number shall designated the minimum building site area
required in square feet.
b. inhere a number less than one hundred (100)
follows and is -connected by a hyphen with the zone symbol,
such number shall designate the minimum building site area
required in acres."
Section 8. Sub -Section B of Section 15 of said
Ordinance No. 71, as amended, is hereby amended by adding
thereto a new paragraph numbered 10, to read as follows:
"10. In any zone a minimum required building site
width may be established by designating such building site
width upon any official zone map in the following manner:
A number indicating such minimum required building
site width in feet shall precede and be connected by a
hyphen with the zone symbol. Such width shall be determined
by measurement along the building line established by the
required front yard for the main building and between the
side lines of the building site.'
Section 9. If any section, sub -section, paragraph,
sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid, such
741
decision shall not affect the validity or constitutionality
of the remaining portions of this Ordinance. The City
Council of the City of Tustin hereby declares that it would
have passed this Ordinance and each section, sub -section,
paragraph, sentence, clause or phrase thereof, irrespective
of the fact that one or more,of the sections, sub -sections,
paragraphs, sentences, clauses or phrases thereof be
declared unconstitutional or invalid.
Section 10. The City Clerk shall certify to the
adoption of this Ordinance, to its signature by the Mayor,
to its attestation by the City Clerk and shall cause this
Ordinance to be published by one insertion in the Tustin
News, a weekly newspaper of general circulation, printed
and circulated in the City of Tustin, Orange County,
California.
PASSED AND ADOPTED by the City Council of the City of
Tustin at its adjourned regular meeting held on June 17, 1957•
Mayor
ATTEST:
C i ty Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF TUSTIN )
The above and foregoing Ordinance was duly and
regularly introduced at a regular meeting of the City
of Tustin held on the 10th day of June, 1957, and was
duly passed and,adopted at an adjourned regular meeting
of the City Council held on the 17th day of June, 1957,
by the following vote:
AYES: Councilmen:: Bacon, Tadlock, Humeston & Byrd
NOES: Councilmen: None
ABSENT. Councilmen: Kidd
F �
C!'C'7Clerk of t e City of Tustin