HomeMy WebLinkAboutPH 2 Z.C. 93-001 05-03-93PUBLIC HEARING N0. 2
5-3-93
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DATE:
MAY 3, 1993 Inter -Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ZONE CHANGE 93-001 (IRVINE COMPANY)
It is recommended t=at the City Council take the following
actions:
Approve the en-:ironmental determination for the project by
adopting Resolution No. 93-46 and;
Have first reading by title only and introduction of
Ordinance No. -109 approving 93-001, as submitted or
revised.
FISCAL IMPACT
There are no fiscal impacts to the City associated with this
project as the Zone Change was initiated by the applicant and no
financial assistance is being requested.
The applicant is proposing to amend Section 3.0 of the East
Tustin Specific Plan (ETSP) entitled "Development Standards and
Administrative Procedures" to accommodate a new single family
detached residential product described by the applicant as "Patio
Homes". The proposed amendments identify "Patio Homes" as a
conditionally permitted use within the Medium and Medium -High
land use designations of the ETSP and would allow up to 15
dwelling units per acre. The proposed amendments also include
various development standards applicable to the proposed product
type with specific street widths and improvement requirements,
building setbacks, parking requirements, minimum dwelling units
size, open space requirements and other development standards to
guide development of this product type at the time of subsequent
subdivision proposals.
On February 8, and March 8, 1993, the Planning Commission
conducted workshops related to the proposed development standards
and provided staff and the applicant with specific direction on
City Council Report
Zone Change 93-001 (Irvine Company)
May 3, 1993
Page 2
proceeding with the preparation of the proposed development
standards. All previous direction received at the workshops has
been incorporated into the proposed amendments. Since the
workshops, additional clarifying language has been added related
to setbacks and projections into required setbacks.
On April 26, 1993, the Planning Commission adopted Resolution No.
3136 recommending to the City Council approval of the proposed
amendments.
The proposed amendment would apply to all properties located
within the ETSP which is generally located west of Jamboree Road,
north of Interstate 5, east of Browning Avenue and south of the
City Limits (see location map).
A 1/8 page display ad public hearing notice identifying the time,
date and location of the public hearing for the project was
published in the Tustin News. Since there are more than 1,000
property owners within the boundaries of the ETSP, no mailing of
notices is required pursuant to Government Code Section 65091(3).
Notices were posted at City Hall and the Police Department. The
applicant was informed of the availability of a staff report for
this item.
DISCUSSION
As the Council is aware, The Irvine Company is proposing a new
single family detached residential product type which would be
under condominium ownership. The ETSP is silent on the issue of
detached condominiums. The proposed amendments to the ETSP include
various definitions and development standards to guide the
development of this "Patio Home" product. Section 1 of Ordinance
No. 1109 contains the proposed amendments for ease of review by the
City Council. The portions of the ETSP proposed to be deleted are
marked with strikeouts and the portions proposed to be added are
highlighted as shaded areas.
Over the past several months, the Planning Commission and staff
conducted a great deal of research in the field surveying existing
developments in Orange County which were felt to be similar in
nature to that proposed. At the March 8, 1993 workshop, a photo
collection and statistical comparison was presented to the Planning
Commission of street standards, setbacks, parking requirements and
sidewalk improvements for ten specific existing "Patio Home"
City Council Report
Zone Change 93-001 (Irvine Company)
May 3, 1993
Page 3
developments. A copy of that comparison will be available at the
public hearing for reference. Based upon this information and
input received at the workshops, specific development standards
have been formulated for inclusion in the ETSP.
The proposed amendments can be broken down into three general
components; private streets, general development standards and
parking. T=e significant revisions and additions to the ETSP are
discussed below:
Private Streets
Section 3.5.H of the ETSP provides development standards for
private streets and drives. The proposed amendments to this
section would apply to all land use designations within the ETSP.
However, only clarifying language has been added to the existing
sections to provide consistency with the "Patio Home" product and
to incorporate several past policy determinations related to the
use of shared driveways and private drives for attached multi-
family residential developments.
The creation. of "Private Courts" is a new street hierarchy system
included in the proposed amendments. The concept of a "Private
Court" is an integral component of the proposed amendments and the
creation of the detached condominium "Patio Home" product. A
"Private Court" is proposed to be defined as:
"...a combination of private streets and/or drives within a
detached residential development and which serves no more than
12 dwelling units."
various standards have been included to define when and how a court
is to function, including maximum length, maximum number of units
served, requirements for sidewalks, the use of decorative pavement
and how setbacks are measured in relation to the court.
The width of the travel way on private drives within a court is
proposed to be 24 feet measured curb face to curb face (or flow
line to flow line in the event of a ramped or rolled curb). This
would be reduced by one foot from 25 feet which is currently
provided by the ETSP. The Commission, Police Department, Orange
County Fire Department and staff had lengthy discussion at the
March 8 workshop related to this issue and reached consensus that
City Council Report
Zone Change 93-001 (Irvine Company)
May 1993
Page
a 24 foot wide travel way would be acceptable in that it would
still provide for adequate vehicular and emergency access to the
units.
General Development Standards
Section 3.6 of the ETSP establishes development standards for the
varic;s residential land use designations. Amendment to various
subsections identify "Patio Homes" as a conditionally permitted use
within the Medium and Medium-High land use designations of the ETSP
with the maximum density limited to 15 dwelling units per acre.
Apartment and attached condominiums would be permitted to be
developed up to 18 and 25 dwelling units per acre within the Medium
and Medium-High land use designations of the ETSP respectively. A
new subsection would be created to identify setbacks and other
development standards related specifically to the "Patio Home"
product type. This includes standards such as open space
requirements, maximum number of bedrooms, building heights,
setbacks and a minimum unit size.
A minimum unit size of 900 square feet is also proposed to be added
to the Estate, Low and Medium-Low Density Residential land use
designations to provide consistency within the ETSP for other
detached residential products.
The Commission and staff worked extensively to develop setback
requirements that would provide flexibility yet maintain a
desirable street scape. On private streets, the minimum building
setback would be 10 feet. A garage could be setback a minimum of
5 feet. Living area above a garage with less than a 10 foot
setback would be limited to 75% of the units on that street.
Within a court, the minimum building setback would be 7 feet. A
garage_ could be setback a minimum of 3 feet provided that no more
than 50% of the length of the building frontage over the length of
the court is less than 7 feet. The minimum distance between
buildings would be 10 feet. The distance between buildings could
be reduced to a minimum of 6 feet for a limited distance of no more
than 25 feet provided that there are no windows on at least one
eleva=ion.
City Council Report
Zone Change 93-001 (Irvine Company)
May 3, 1993
Page 5
Parking
Section 3.10."_.0 of the ETSP related to residential parking
requirements would be amended to reflect specific parking
requirements fcr "Patio Home" product. A two car enclosed garage
would be required for each dwelling with one to three bedrooms.
Dwellings with four bedrooms would be required to provide 2.5
parking spaces, two of which would be an enclosed garage. In
addition, open guest parking at a rate of .5 spaces per unit would
be provided and located within 200 feet of the unit which it is
intended to serve.
ENVIRONMENTAL ANALYSIS
Based upon review of the proposed amendments, as well as
Environmental Impact Report 85-2 (as supplemented), it has been
determined that environmental issues relating to this project have
previously been addressed. Also, appropriate mitigating measures
identified in EIR 85-2 are incorporated into the proposed
amendments. With this information in mind, it is recommended that
the Council make the finding that requirements of the California
Environmental Quality Act have been met and that no further
environmental review is required.
The proposed amendments would provide for a new single family
detached residential product type which the ETSP presently does not
accommodate. Based upon the information presented above and giving
City Council
Zone Change
May 3, 1993
Page 6
I
Report
93-001 (Irvine Company)
consideration to past workshop discussions with the Commission, it
is recommended that the City Council approve Zone Change 93-001.
C;;iw
Daniel Fox, ICP Christine A. Shingleton
Sen -or Planner Assistant City Manager
D-:br:'mc\ZC93-001
Attachments: Location Map
Resolution Nos. 93-46
Ordinance No. 1109
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NO SCALE
ZONE CHANGE 93-001 (IRVINE COMPANY)
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RESOLUTION NO. 93-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FINDING THAT FINAL
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST
TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS
MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS
AND ADDENDA) IS ADEQUATE TO SERVE AS THE
PROGRAM EIR FOR ZONE CHANGE 93-001 AND ALL
FEASIBLE MITIGATION MEASURES HAVE BEEN
INCORPORATED AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby
resolve as follows:
The City Council finds and determines as follows:
A. That Zone Change 93-001 is considered a
"project" pursuant to the terms of the
California Environmental Quality Act; and
B. That the project is covered by a previously -
certified Final Environmental Impact Report
for the East Tustin Specific Plan which serves
as a Program EIR for the proposed project.
II. The East Tustin Specific Plan Final Environmental
Impact Report (85-2) previously certified on March
17, 1986, and modified by subsequently adopted
supplements and addenda, was considered prior to
approval of this project. The City Council having
approval authority over the subject project hereby
finds: this project is within the scope of the
East Tustin Specific Plan previously approved; the
effects of this project, relating to grading,
drainage, circulation, public services and
utilities, were examined in the Program EIR. All
feasible mitigation measures and alternatives
developed in the Program EIR are incorporated into
this project. The Final EIR is, therefore,
determined to be adequate to serve as a Program EIR
for this project and satisfies all requirements of
the California Environmental Quality Act.
Based on EIR 85-2, the City Council has found that
the project involves no potential for any adverse
effect, either individually or cumulatively, on
wildlife resources and therefore makes a De
Minimis Impact Finding related to AB 3158,
Chapter 1706, Statutes of 1990. In addition, there
will not be a significant effect on the environment
as mitigation measures have been incorporated into
the project's approval which mitigate any potential
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2 Resolution No. 93-46
Page 2
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significant environmental effects. These
6 mitigation measures are identified in Exhibit A
attached to Ordinance No. 1109 incorporated herein
7 by reference.
8 Applicable mitigation measures identified in the
Final EIR have been incorporated into this project
9 which mitigates any potential significant
environmental effects thereof. The mitigation
10 measures are identified in Exhibit A of Ordinance
No. 1109 approving Zone Change 93-001.
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j; PASSED AND ADOPTED by the City Council of the City of
Tustin at a regular meeting held on the 3rd day of May,
1993.
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JIM POTTS
MAYOR
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181 Mary E. Wynn, City Clerk
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19 STATE OF CALIFORNIA }
I, COUNTY OF ORANGE ) SS
20111
CITY OF TUSTIN )
2111f CERTIFICATION FOR RESOLUTION NO. 93-46
�
22 MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby
231 certify that the whole number of the members of the City
�I Council of the City cf Tustin is five; that the above and
24', foregoing Resolution No. 93-46 was duly and regularly
introduced, passed and adopted at a regular meeting of
25i the City Council held on the 3rd day of May, 1993, by the
following vote:
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ii COUNCILMEMBER AYES:
27j COUNCILMEMBER NOES:
k COUNCILMEMBER ABSTAINED:
28!j COUNCILMEMBER ABSENT:
Mary E. Wynn, City C-erk
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ORDINANCE NO. 1109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 93-001 TO
AMEND THE EAST TUSTIN SPECIFIC PLAN TO INCLUDE
VARIOUS DEFINITIONS AND DEVELOPMENT STANDARDS TO
ACCOMMODATE A NEW SINGLE FAMILY DETACHED
RESIDENTIAL PRODUCT TYPE DESCRIBED AS "PATIO HOMES"
The City Council of the City of Tustin does hereby ordain
as follcws:
I. The City Council finds and determines as follows:
A. That an application has been filed by The
Irvine Company, requesting approval of Zone
Change 93-001 to amend the East Tustin
Specific Plan to include various definitions
and development standards to accommodate a new
single family detached residential product
type described as "Patio Homes".
B. That a public hearing was duly notice, called
and held on said application on April 26, 1993
by the Planning Commission and on May 3, 1993
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 93-001 would provide for
a single family detached residential product
type which is presently not accommodated in
the East Tustin Specific Plan.
E. Proposed Zone Change 93-001 would be
consistent with all elements of the General
Plan, particularly the Land Use and Housing
Elements with placement and encouragement of
owner occupied dwellings.
F. Proposed Zone Change 93-001 would not be
detrimental to the public health, safety and
general welfare in that the amendments would
provide an additional single-family detached
residential product type to be implemented in
the build out of the East Tustin Specific
Plan.
NOW, THEREFORE, the City Council of the City of Tustin DOES
HEREBY ORDAIN as follows:
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Ordinance No. 1109
Page 2
Section 1. Section 3.3, Development Standards and
Administrative Procedures, of the East Tustin Specific Plan is
hereby amended as follows:
A. Section 3.3 entitled "Definitions" is amended to add
specific additional definitions to the list of
definitions in alphabetical order to read as follows:
B. Section 3.5.H entitled "Private Street Standards" is
amended to read as follows:
"When private streets, *,�11&�B.66 : are constructed,
—.drivesz.......... ...... :�� ,- --
they shall be improved in accordance with the following
standards:
feet.
-2—, Privatestreets
.... ..... .
,anits and with no parallel parking within th
travel way shall have a minimum paved width o
28 feet.
3-4.1� Private streets
parking . will be limited to one side only shall
have a minimum paved width of 32 feet.
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Ordinance No. 1109
Page 3
Private streets
e.&�Ls. qpgwirn on -street paraiiei
parking arking permitted on both sides of the street
Private drives
parking outs , i - ad of the travel way shall have
minimum paved width of 4& 1 feet.
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Ordinance No. 1=D9
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Ordinance No. 1109
Page 5
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Ordinance No. 1109
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Ordinance No. 1109
Page 7
C
Secti
subse
"M.
MH.
land."
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Ordinance No. 1109
Page S
D. Section 3.6.2.A entitled "Residential Uses" is amended to
add Subsection 6 to read as follows:
"A. Residential Uses E L ML M MH
1.
Conventional Single-family detached P
P P P 1
2.
Clustered Single-family detached C
C C C C
3.
Attached Single-family dwellings -
- - P 1
4.
Condominium Projects/Cooperatives -
- - P 1
5.
Multiple-familv dwellings (apts.) -
- - C <
E. Section 3.6.3.A2.1 entitled "Estate Residential" is
amended to add a non -numbered subsection entitled
"Minimum Gross Floor Area per Unit, Excluding the Garage
Area" to read as follows:
F. Section 3.6.3.A2.2 entitled "Low Density Residential" is
amended to add a non -numbered subsection entitled
"Minimum Gross Floor Area per Unit, Excluding the Garage
Area" to read as follows:
G. The non -numbered subsection entitled "Minimum gross floor
area per unit excluding the garage area" of Section
3.6.3.A2.3 is amended to read as follows:
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Ordinance No. 1109
Page 9
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Ordinance
Page -0
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ordinance No. 1109
Page 12
I. Section 3.10.1.0 entitled "Residential Off -Street Parking)
Requirements" is amended to read as follows:
"District Number of Covered C r e d i t
for G u e s t
Spaces -Assigned Guest/
On -
Required Spaces/Unit Unassigned
Street
Parking
Estate
2
2
- Garage
2 per
unit
Low
1. Sector 8, 9,
10 2
2
a Garage
2 per
unit
2. Sector 2
2
2
Cak Garage
2 per unit
50
Medium Low
2
2
Car Garage
.5 per
unit 50
Medium & Medium
High
1. Detached
2
2
CAIGarage
...............
.5 per
unit 50
2. Attached
Studio
1.0
1
Carport
t{1)
1 Bedroom
1.5
1axpar;
2 Bedroom
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Ordinance No. I109
Page 13
3 Bedroom 2.0 2
4 Bedroom 2-5 2
3. Multiple Family
studio I
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Bedroom I
2
Bedroom 2
3
Bedroom 2
4
Bedroom 2
(apartments)
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.5
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.5
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1, Attached single family and multiple
developments shall provide minimum of .25 p
unit open unassigned for 4 or more
dwelling units. If a two car enclosed private
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garage is provided, a guest parking standard of .5
open unassigned spaces per unit sh
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Section 2. In order to implement the changes identifie
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in Section I above, the applicant shall submit to th
Community Development Department the following material
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within 30 days of approval:
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A. Unless otherwise specified, the condition
contained in this Exhibit shall be complied wit
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prior to the approval of any subsequen
subdivision approvals utilizing the subjec
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standards within the East Tustin Specific Pla
area, subject to review and approval by th
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Community Development Department.
B� The applicant shall sign and return an Agreement t�
28 Conditions Imposed form prior to any onbsegue
subdivision approvals utilizing the aobjer-
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Ordinance No. 1109
Page 14
standards within the East Tustin Specific P1
area.
C. The developer shall hold and defend the City
Tustin harmless for all claims and liabilities o
of City's approval of the entitlement process f
this project.
D. The applicant shall submit fifteen (15) copies anc
a camera ready master of the East Tustin Specific
Plan, including the current large scale land use
maps.
E. Within forty-eight (48) hours of approval of the
subject project, the applicant shall deliver to the
Community Development Department, a cashier's chec}
payable to the COUNTY CLERK in the amount of $25.0(
(twenty-five dollars) pursuant to AB 3185, Chaptei
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-notec
check, the approval for the project granted hereir
shall be considered automatically null and void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed witk
the Notice of determination and require payment of
fees, the applicant shall deliver to the Communit3
Development Department, within forty-eight (48)
hours of notification, a cashier's check payable tc
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, vestec
or final unless and until the fee is paid.
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Ordinance No. 1109
Page 15
PASSED AND ADOPTED at a regular meeting of the Tustin Ci
Council, held on the 3rd day of May, 1993.
JIM POTTS
MAYOR
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1109
MARY E. WYNN, City Clerk and ex -officio Clerk of the Cit
Council of the City of Tustin, California, does hereby certif
that the whole number of the members of the City Council o
the City of Tustin is five; that the above and foregoin
Ordinance No. 1109 was duly and regularly introduced, passe
and adopted at a regular meeting of the City Council held c
the 3rd day of May, 1993, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk