HomeMy WebLinkAboutORD FOR ADOPTION 01-17-94· ORDINANCE FOR ADOPIION NO.
]-17-94
DATE:
JANUARY 17, 1994
·
Inter-Corn
TO:
FROM'
_SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1118, ZONE CHANGE 93-002 (CALIFORNIA PACIFIC
HOMES)
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1118
(roll call vote).
BACKGROUND:
g~e following Ordinance No. 1118 had first reading and introduction
at the January 3, 1994 City Council meeting:
ORDINANCE-NO. 1118 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
~USTIN, CALIFORNIA, APPROVING ZONE CHANGE 93-002 TO AMEND THE EAST
TUSTIN SPECIFIC PLAN TO INCREASE THE MAXIMUM ALLOWABLE HEIGHT OF
OPEN TRELLIS AND BEAM CONSTRUCTION IN SIDE YARDS FROM SEVEN AND ONE
HALF (7-1/2) FEET TO TWELVE (12) FEET, AND TO PROVIDE UPDATED STREET
NAMES IN SECTION 3.5.G OF THE SPECIFIC PLAN
Valerie Whiteman
Chief Deputy City Clerk
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ORDINANCE NO. 1118
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF T.USTIN, 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 (7½) 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:
ae
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 noticed,
called and held on said application on
November 22, 1993 by the Planning
Commission and on January 3, 1994 by the
City Council.
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.
De
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
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Ordinance No. 1118
Page 2
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 and provide for an
increase 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 ?ustin 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:
"Oren trellis and beam constructions shall be
pernitted 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
Trellis areas shall not::::::::~:~a .......... ~::5 ....... ~:~9:~:~::::::~f
the remaining open space of a developed lot."
.
Sec:ion 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
cen:er line of the street.
A =inimum landscape area shall be provided
adjacent to these streets. This landscape
area is a combination of the parkway (measured
frcn face of curb to right-of-way line which
includes a sidewalk and any utility easements)
and a landscape setback from the ultimate
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Ordinance No. 1118
Page 3
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.
Street
Setback
Min. Landscape Area
Interstate 5 from Mixed Use (ROW) 30
Myford Road ili~i~~?~:~~}~ii
· North"~"':':~'f ~"~'~'~n 't-o"~'~'rtola 76
· Adjoining Mixed Use 76
· North of Portola 62
Bryan Avenue
· Adjoining ELMO Channel
57
· Adjoining Mixed Use
67
Drowning Avenue 63.5
78.5
Irvine Boulevard
· Between Browning & Ft Rd. 71
::: .-i::.::i:i;;;;::;i::::-::; ==========================================================================
Portola Parkway
62
E1 Camino Real
La Colina Avenue
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52
Future Road iii(ii~!~!iiiii!!!~iR~i~iii!iff6~!~!!
· Sryan':"':'~0 P'~:01~ ........................................................... 76
· South of Bryan 76
· Adjoining Gen. Commercial 72
Lower Lake Drivei~(!~.r.-.'~i~i!!ii~~;ii!~!~!~ii:
/Foothill Blvd.' ......................................................................... 40
Min. Buildinq
30
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Ordinance No. 1118
Page 4
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."
Section 2. Severabi%ity
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.
Section 3. In order to implement the changes
identified in Section 1 above, the applicant shall
comply with the following:
ae
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.
Be
Ce
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.
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.
De
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 Section 1 above.
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Ordinance No. 1118
Page 5
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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.
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.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the day of January, 1994.
JIM POTTS
MAYOR
Mary E. Wynn, City Clerk