HomeMy WebLinkAbout16 ORD 1208, ZC 98-004 01-05-99AGENDA
NO. 16
1-5-99
DATE:
JANUARY 5, 1999
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1208, ZONE CHANGE
HOMES~
98-004
(WARMINGTON
SUMMARY: Proposed Ordinance No. 1208, Zone Change 98-004, would change
the zoning from Multiple-Family Residential (R-3) and Central Business District
(C-2P) to Planned Community (PC) and establish Planned Community District
Regulations on the properties known as 120-250 Sixth Street and 715-765 El
Camino Real.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1208 (roll call
vote).
BACKGROUND:
The following Ordinance No. 1208 had first reading and introduction at the
December 7, 1998 City Council meeting:
ORDINANCE NO. 1208- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 98-004 TO CHANGE THE
ZONING FROM MULTIPLE-FAMILY RESIDENTIAL (R-3) AND CENTRAL BUSINESS
DISTRICT (C-2P) TO PLANNED COMMUNITY (PC) AND ESTABLISH PLANNED
COMMUNITY DISTRICT REGULATIONS ON THE PROPERTIES KNOWN AS 120-
250 SIXTH STREET AND 715-765 EL CAMINO REAL AND DESCRIBED AS
ASSESSOR'S PARCEL NO. 401-642-04 OF TRACT 15707
Valerie Crabill
Chief Deputy City Clerk
]0
]4
]6
]8
20
23
24
25
2.7
28
ORDINANCE NO. 1208
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING ZONE CHANGE 98-004 TO CHANGE THE ZONING FROM
MULTIPLE-FAMILY RESIDENTIAL (R-3) AND CENTRAL BUSINESS
DISTRICT (C-2P) TO PLANNED COMMUNITY (PC) AND ESTABLISH
PLANNED COMMUNITY DISTRICT REGULATIONS ON THE
PROPERTIES KNOWN AS 120-250 SIXTH STREET AND 715-765 EL
CAMINO REAL AND DESCRIBED AS ASSESSOR'S PARCEL NO. 401-
642-04 OF TRACT 15707.
The City Council of the City of Tustin does hereby ordain as follows:
I. The City Council finds and determines as follows:
Ao
That a proper application, Zone Change 98-004, was filed by Warmington
Homes and Deibeikes Investment Co. requesting approval to change the
zoning from Multiple-Family Residential (R3) and Central Business District (C-
2P) to Planned Community (PC) and establish Planned Community District
Regulations on the properties known as 120-250 Sixth Street and 715-765 El
Camino Real and described as Assessor's Parcel No. 401-642-04 of Tract
15707.
B. That a public hearing was duly called, noticed and held on said applications on
November 23, 1998 by the Planning Commission;
C. That a public hearing was duly called, noticed and held on said applications on
December 7, 1998 by the City Council;
D. That a Negative Declaration has been prepared in accordance with the
provisions of the Califomia Environmental Quality Act for the subject project.
E.
That proposed Zone Change 98-004 would provide for a single-family detached
dwelling unit project which is presently limited in the Town Center portion of the
city.
F.
Go
The project is consistent with and implements Goal 4 of the Land Use Element
of the General Plan which encourages the revitalization and rehabilitation of the
City's older existing housing stock.
The project is consistent with and implements Goal 3 of the Housing Element of
the General Plan which encourages a balance of rental and owner-occupied
housing within the City.
H.
That the project has been reviewed for consistence with the Air Quality Sub-
Element of the City of Tustin General Plan and has been determined to be
consistent or has been conditioned to be consistent with the Air Quality Sub-
Element.
Proposed Zone Change 98-004 would not be detrimental to the public health,
safety and general welfare in that the zone change would accommodate the
demolition of an existing 56 unit apartment complex which is considered to be in
a blighted condition within the neighborhood and contributes to an increase in
local crime, drug abuse and vandalism.
Ordinance No. 1208
Page 2
II.
The City Council hereby approves Zone Change 98-004, to change the
zoning from Multiple-Family Residential (R-3) and from Central
Business District (C-2P) to Planned Community (PC) and adopt the
related Planned Community District Regulations attached hereto as
Exhibit "A" on the properties located at 120-250 Sixth Street and 715-
765 El Camino Real and described as Assessor's Parcel No. 401-642-
04 of Tract 15707.
PASSED AND ADOPTED at a regular meetihg of the Tustin City Council, held on the 5th
day of January, 1999.
THOMAS R. SALTARELLI
Mayor
PAMELA STOKER
City Clerk
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
ORDINANCE NO. 1208
SS
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 members of the City Council of the City of
Tustin is five; that the above and foregoing Ordinance No. 1208 was duly and regularly introduced
and read at the regular meeting of the City Council held on the 7~ day of December, 1998 and
was given its second reading, passed and adopted at a regular meeting of the City Council held
on the 5~ day of January, 1999 by the following vote:
COU NCI LPERSONS AYE S:
COUNCILPERSONS NOES:
COUNCILPERSONSABSTAINED:
COUNCILPERSONSABSENT:
PAMELA STOKER, City Clerk
Published:
EXHIBIT A
OF
ORDINANCE NO. 1208
PROPOSED PLANNING AREAS
&
PLANNED COMMUNITY
DISTRICT REGULATIONS
I
Z
//
,.
Ambrose Lane
PLANNED COMMUNITY DISTRICT REGUI~ATIONS
Prepared by:
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way
Tustin, CA 92780
(714) 573-3140
Ordinance No.
December
,1998
1.0 INTRODUCTION
The regulations set forth in this set of District Regulations for the Ambrose Lane
Planned Community has been established to satisfy the Planned Community District
requirements of the Tustin City Code and to provide diversification among the
relationship of uses, buildings and structures in planned building groups. The
application of these regulations is specifically intended to encourage the aPpropriate
use of land and create a harmonious residential and commercial development to protect
the health, safety and general welfare of the community and provide the flexibility
needed to create a quality environment.
Development within the Ambrose Lane Planned Community shall occur consistent with
these Planned Community District Regulations.
2.0 STATISTICAL SUMMARY
There are two (2) distinct and separate planning areas provided within the Ambrose
Lane Planned Community. The land use designations are shown in Exhibit 1 with a
statistical summary of each planning area as follows:
Planning Area A - Residential: Is approximately 3.5 acres in size and is
designed for not to exceed 38 ownership tenure single-family. ,detached
dwellings. The conceptual site plan for the development of Planning Area A is
shown in Exhibit 2.
Planning Area B - Commercial: Is approximately .3 acres in size ~nd currently
includes approximately 8,611 square feet of retail and restaurant floor area. The
conceptual site plan for the development of Planning Area B is shown in Exhibit
3. Floor Area Ratio shall not exceed the maximum allowed by the Tustin General
Plan.
No changes to this Section of the District Regulations would be required with respect to
future changes and adjustment to the development. However, any new construction,
alterations or modifications to the development or individual property would need to
comply with all applicable provisions contained in Section 3.0 and 4.0 of these district
Regulations, and the Tustin General Plan.
Ambrose Lane Planned Community District Regulations 1
3.0 LAND USE REGULATIONS
The land uses and development standards contained within this Section act as a
principle part of the controlling mechanism for implementation of the Planned
Community District designation for this development. Standards set forth in this Section
will ensure that development within the Ambrose Lane Planned Community proceeds
in a consistent and appropriate manner as the community matures.
3.1
Planning Area A
A. Purpose & Intent
The residential component of the Ambrose Lane Planned Community is
intended to provide small lot, single-family detached dwellings situated on
private streets and drives. The development includes common open
spaces for the enjoyment of all residents. A Homeowners Association will
be created to ensure adequate maintenance and management of the
development and common area amenities. The Ambrose Lane Planned
Community will offer new ownership housing opportunities and eliminate a
blighted condition within this portion of the City.
al
Permitted & Conditionally Permitted Uses
The following uses shall be permitted by right as a principal use in
Planning Area A where the symbol "P" occurs, and by approval of a
Conditional Use Permit where the symbol "C" occurs:
.
Single Family Detached Housing p
Home Based Businesses (when operated consistent
with applicable provisions of the Tustin Zoning Code) P
Gm
Temporary Uses
Temporary uses shall be regulated pursuant to the applicable provisions
of the Tustin City Code.
D. Unlisted Uses
Those uses not specifically listed are not permitted.
Ambrose Lane Planned Community District Regulations 2
E. General Development Standards
1. Minimum Lot Size: 2,450 Square Feet.
2. Gross Density: 10.9 units per acre.
3. Lot coverage:
100-percent less setbacks and open space
areas.
4. Open Space:
400 square feet per unit which may be included
in common area; A minimum of 150 square
feet shall be provided for private use on a
ground level and open on three sides. Areas
excluded from the open space requirement
include all structures, private streets and
drives, above ground patios and parking lots.
5. Building Setbacks:
a.
Track Boundary: The minimum building setback from any
tract boundary shall be ten (10) feet.
bo
Front Yard: The minimum front yard setback shall be 15-
feet. An attached garage may be setback a minimum of four
(4) feet only on those Lots specified with a five (5) foot
driveway as shown in Exhibit 2. Living area may be
provided above the garages on those Lots with a five (5) foot
driveway.
Co
Side Yard: The minimum side yard setback shall be four
(4) feet.
do
Rear Yard: The minimum rear yard setback shall be ten
(10) feet.
6. Building Height:
35-feet, including roof mounted equipment and
chimneys.
7. Proiections into Required Setbacks:
a.
Covered Patios, Trellis or Canopies: Shall not cover
more than fifty (50) percent of the private open space, and in
no event closer to the property .lines than permitted by the
Uniform Building Code.
Ambrose Lane Planned Community District Regulations 3
.
bo
c.
Eaves, Cornices, Chimney, Balconies & Other Similar
Architectural Features: Shall not project more than two
(2) feet into any required building setback, and in no event
closer to the property lines than permitted by the Uniform
Building Code.
Swimminq Pools & Spas: Shall conform with the applicable
provision of the Tustin City Code.
Fences, Walls & Hedges:
ao
be
c,
Perimeter Fencing: Top of wall, fences and hedges around
the perimeter of Planning Area A shall be a minimum of 6'-0"
and a maximum of 6'-8" in height measured from the
adjacent finish grade on the interior of the residential lots in
Planning Area A and subject to visual clearance
requirements. The maximum height may be exceeded when
a greater height is required as noise mitigation identified in a
noise report approved by the Community Development
Department.
Interior Side and Rear Fencing: Top of walls, fences and
hedges shall be a maximum of 6'-8" measured from the
highest adjacent grade.
Front Yard Fencing: Top of fences within the front yard
setback area shall be a maximum of 36-inches, except for
any arbor elements over the entry sidewalk to a residence
which shall not exceed eight (8) feet in height.
o
Parkinq Requirements:
a,
A minimum of two (2) enclosed garage spaces shall be
provided for each dwelling unit. In addition, a minimum of 19
open and unassigned parking spaces shall be provided
within the development.
b.
Parking area dimensions, locations and access shall
conform to the City's design review criteria on file in the
Community development Department. At a minimum,
garages shall be a 20'x20' inside clear dimension. Open
parking spaces shall be a minimum of 9 feet wide by 18-feet
deep. Up to a two (2) foot overhang may be permitted into a
landscape planter or sidewalk area provided the sidewalk
Ambrose Lane Planned Community District Regulations 4
10.
Co
d,
has sufficient width to comply with accessibility
requirements.
No parking shall be permitted at any times on Lots with
driveways less than 17-feet in length.
Automatic garage door openers and sectional rollup doors
shall be required on all units.
Private Streets:
a. Private Streets
Private streets with no parallel parking within the
travel way shall have a minimum travel way width of
28 feet curb face-to-curb face.
ii.
Sidewalks shall be required on one side of the street
as conceptually shown on Exhibit 1. Any exception
other than shown on Exhibit I shall be subject to
approval by the Building" Official and the Community
Development Department. Sidewalks, where
provided, shall be four feet in width and otherwise
designed in accordance with Standard B102 of the
City's Construction Standards for Private Streets,
storm Drains and On-Site Private Improvements, and
subject to compliance with applicable accessibility
requirements of the Americans with Disabilities Act,
Title 24 of the Uniform Building Code as locally
amended, and the Department of Housing and Urban
Development's Fair Housing Accessibility Guidelines.
b. Private Drives
Private drives with no parallel parking within the travel
way shall have a minimum travel way width of 24-feet
curb face-to-curb face. Where rolled curbs are
provided, the travel way shall be measured from flow
line-to-flow line.
ii.
Where private drives exceeding 150' in length dead-
end, they may end in cul-de-sacs, hammerheads or
punchouts as long as adequate maneuverability and
turning radius is provided for vehicles, including
emergency vehicles and trash trucks.
Ambrose Lane Planned Community District Regulations 5
11.
III.
Sidewalks are not required within private drives.
Sidewalks, where provided, shall be designed in
accordance with Standard B102 of the City's
Construction Standards for Private Streets, Storm
Drains and On-Site Private Improvements, and
subject to compliance with applicable accessibility
requirements of the Americans with Disabilities Act,
Title 24 of the Uniform Building Code as locally
amended, and the Department of Housing and Urban
Development's Fair Housing Accessibility Guidelines.
Other Development Standards: Any development standard which
is nbt specifically identified within the District Regulations shall be.
subject to the applicable provisions of the Tustin City Code.
3.2
PLANNING AREA B
A. Purpose & Intent
aw
The commercial component of the Ambrose Lane Planned Community is
intended to permit retail commercial and restaurant uses. The Ambrose
Lane Planned Community and will offer attractive and enhanced retail
space at a major gateway into the Old Town area and eliminate a blighted
condition within this portion of the City.
Permitted & Conditionally Permitted Uses
The following uses shall be permitted by right as a principal use in
Planning Area B where the symbol "P" occurs, and by Conditional Use
Permit where the symbol "C" occurs.
1. Retail Businesses:
a) Alcoholic beverage sales establishments subject to
the following criteria:
C
Off-site sales establishments shall be located
a minimum distance of 100-feet from any
residentially zoned or used property; 300-feet
from any other existing off-site sales
establishment; and 600 feet from any
church, public or private school, playground
or hospital.
b) Art, antiques and collectables, gifts
P
Ambrose Lane Planned Community District Regulations 6
c) Art goods
d) Appliance, furniture, household
furnishings stores
e) Bakeries
f) Bicycle sales, including repairs and service
g) Books and stationary
h) Clothing Confectionery
i) Convenience stores.
(Ord. No. 981, Sec. 1, 5-4-87)
j) Drug store, including sundries and notions
k) Dry goods
I) Florist shops
m) Grocery stores
n) Handcraft industries, small-scale manufacturing
o) Hardware stores, excluding equipment rentals
p) Jewelry stores, including repair and watchmaking
q) Leather goods
r) Musical supplies and instruments
s) News stands
t) Office supplies and equipment sales
u) Paint and wallpaper stores
v) Pet shops and pet grooming
w) Radio Stores
x) Religious supplies
P
P
P
P
P
P
C
P
P
P
P
C
P
P
P
P
P
P
C
Ambrose Lane Planned Community District Regulations 7
y) Shoe stores p
z) Sporting goods, not including boat and motor sales P
aa) Variety stores
bb) Video rental stores
P
2. Service Businesses:
a) Automated teller machines P
b) Banks and finance institutions p
. c) Barber and Beauty shops p
d) Blueprinting companies p
e) Consumer products repair
f) Drive-in establishments for permitted uses
g) Drycleaning and laundry establishments,
excluding cleaning and laundry plants
h) Figure model studios
P
C.
C
i) Fraternal organizations and lodges,
membership organization facilities
C
j) Health and fitness facilities
C
k) Home improvement design center
I) Indoor recreation centers
C
m) Interior decorators
P
n) Job printing
P
o) Libraries and museums
p) Locksmiths
Ambrose Lane Planned Community District Regulations 8
q) Photograph galleries P
,
r) Printing and publishing
s) Restaurants, not including drive-thru
t) Seamstress or millinery shops
u) Shoe or luggage repair shops
v) Social halls, community centers
w) Studios (art, dance, music, photography, etc.)
x) Tailor shops
y) Telephone answering services
z) Theaters, auditoriums, meeting halls
aa) Travel agencies
bb) Typing and addressing services
Professional Offices for:
a) Architect
b) Attorney
c) Chiropractor
d) Dentist
e) Doctor
f) Engineer
g) Land Surveyor
h) Oculist
i) Optometrist
P
P
P
P
C
P
P
C
P
P
P
P
P
P
Ambrose Lane Planned Community District Regulations 9
o
o
General Offices for:'
a) Accountants
b) Advertising agency
c) Contractors and building consultants
d) Drafting
e) Economic consultant
'f) Escrow
g) Insurance
h) Real estate
Development or construction of new building
structures where more than fifty (50) percent of the
total floor area, or any portion of the ground floor
area is designated for occupancy by professional
or general offices. (Ord. No. 896, Sec. 3, 11-21-83).
P
P
P
P
P
C
Gl
Temporary Uses
Temporary uses shall be regulated pursuant to the applicable provisions
of the Tustin City Code.
Di
Em
Unlisted Uses
Those uses not specifically listed are subject to the determination by the
Community Development Director as either permitted by right, subject to
the approval of a Conditional Use Permit, or not allowed consistent with
the purpose, intent and similar to the allowed uses in Planning Area B.
Decisions of the Director may be appealed to the Planning Commission.
General Development Standards
.
i_
Minimum Lot Size: N/A
2. Lot coveraqe:
100-percent less parking, landscaping and
setback requirements.
Ambrose Lane Planned Community District Regulations 10
.
.
.
o
.
Building Setbacks:
a. Front Yard: None.
b. SideYard: None.
C.
Rear Yard: The minimum rear yard setback shall be ten
(10) feet.
Building Height: 35 feet, including roof mounted equipment.
Fences, Walls & Hedges:
a.
Perimeter Fencing: Top of wall, fences and hedges adjacent
to Planning Area ^ shall be a minimum of 6'-0" and a
maximum of 6'-8" in height measured from the adjacent
finish grade on the interior of the residential lots in Planning
Area A and subject to visual clearance requirements. The
maximum height may be exceeded when a greater height is
required as noise mitigation identified in a noise report
approved by the Community Development Department.
bo
Interior Fencing: No walls or fences are required between
other commercial or office properties. Where provided, top
of walls, fences and hedges shall be a maximum of 6'-8"
measured from the lowest adjacent grade.
Parking Requirements:
a.
Parking for existing retail, commercial service and restaurant
uses shall be provided at .a rate of one (1) space for each
225 square feet of gross floor area. This rate includes up to
a forty (40) seat restaurant. (previously authorized by CUP 96-
o o).
Restaurant seats that exceed the aggregate total of forty
(40) shall provide parking at a rate of one (1) space for each
three (3) seats.
C.
Other uses shall provide parking at rates required by the
Tustin City Code.
Other Development Standards: Any development standard which
is not specifically identified within the District Regulations shall be
subject to the applicable provisions of the Tustin City Code.
·
Ambrose Lane Planned Community District Regulations 11
4.0
4.1
4.2
4.3
4.4
4.5
IMPLEMENTATION & ADMINISTRATION
Responsibility
The Community Development Department of the City of Tustin shall be
responsible for the administration and enforcement of provisions of these
regulations.
Interpretations
If ambiguity arises concerning the appropriate application of provisions contained
in these District Regulations, the Community Development Director shall make
the appropriate determination. In making a determination, the Director shall
consider the following, but not by way of limitation:
A. Prior administrative interpretation of similar provisions;
B. General intent and purpose of these District Regulations;
C. Provisions contained in the General Plan; and,
D. Other provisions of the Tustin City Code where standards do exist.
Any decision of the Director may be appealed to the Planning Commission.
Subdivisions
All divisions of land shall be processed in accordance with the Tustin City Code
and State Subdivision Map Act.
Variances, Conditional Use Permits & Other Discretionary Action-~
All applications shall be processed in accordance with the Tustin City Code.
Amendment to District Regulations
Any amendment to these District Regulations contained herein which change the
allowed uses within the development, impose any regulation upon property not
therefore imposed, or removes or modifies any such regulation shall be initiated
and processed in the same manner set forth in the Tustin City Code for
amending the Zoning Code.
Ambrose Lane Planned Community District Regulations 12
4.6 Enforcement
The Ambrose Lane Planned Community District Regulations are adopted by
Ordinance and are therefore subject to penalty provisions of the Tustin City
Code. Specifically, violations of land use or development standards shall be
subject to penalty provisions and citation procedures of the Tustin City Code, in
addition to the City's authority to seek civil litigation in a court of law.
4.7 Severability Clause
If any part, section, subsection, paragraph, subparagraph, sentence, clause,
phraSe, or portion of these District Regulations is held to be invalid,
unconstitutional, or unenforceable by a court of competent jurisdiction, these
decisions shall not affect the validity of the remaining portions of these District
Regulations. The Tustin City Council hereby declares that these District
Regulations and each part, section, subsection, paragraph, subparagraph,
sentence, clause, phrase, or portion thereof would have been adopted
irrespective of the fact that one or more portions of the District Regulations may
be declared invalid, unconstitutional, or unenforceable.
Ambrose Lane Planned Community District Regulations 13
/'
Ambrose Lane Planned Community District Regulations 14
"T-
i-
X
0
0
Z
Ambrose Lane Planned Community District Regulations 15
Ambrose Lane Planned Community District Regulations 16