HomeMy WebLinkAboutPH 2 Z.C. 93-002 01-03-94JANUARY 3, 1994
'~'O: WILLIAM A. HUSTON, CITY MANAGER
.~ROM' COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECI: ZONE CHANGE 93-002 (CALIFORNIA PACIFIC HOMES)
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the environmental determination for the project by
adopting Resolution No. 94-01 and;
Have first reading by title only and introduction of Ordinance
No. 1118 approving Zone Change 93-002, 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.
BACKGROUND
The applicant is proposing to amend Section 3.5 of the East Tustin
Specific Plan (ETSP) entitled "General Development Standards" to
increase the maximum allowable height of open trellis and beam
constructions for patio structures in side yards from seven and one
half (7%) feet to twelve (12) feet. The proposed amendments also
include minor clarifications of certain street names identified in
Section 3.5.G of the ETSP entitled "Building and Landscape Setbacks
from Public Streets."
On November ~2, 1993, the Planning Commission adopt6d~ Resolution
No. 3207 recommending to the city Council approval of the proposed
amendment (Attachment A).
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,
dase 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
City Council Report
Zone Change 93-002
January 3, 1994
Page 2
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
The proposed project is a Zone Change to amend the East Tustin
Specific Plan regarding the height limitation for open trellis and
beam structures in side yards, which requires revisions to Section
3.5 of the ETSP entitled "General Development Standards".
Currently, the'provisions of the ETSP limit the height of open
trellis and beam constructions in side yards of Medium-Low, Medium
and Medium-High Density Residential Land Use designations to seven
and one half (7½) feet. The proposed amendment would increase the
maximum height to twelve (12) feet, which is consistent with the
maximum height currently specified in the ETSP for detached
accessory structures. The proposed amendment would not apply to
Patio Home Developments or the Estate and Low Density Residential
Land Use designations, where side yard patio cover height is only
limited bY the applicable maximum allowable building height.
The applicant is requesting the increase in side yard patio cover
height primarily because many of the'"zero lot line" homes in East
Tustin contain living or family rooms with eight foot high sliding
glass or french doors which lead onto "useable" side yards. Without
the increase in patio cover height, the affected property owners
would be unable to legally build patio covers above these doors.
The Presidio tract, which was developed using the Cluster
Development standards and is designated for Medium-Low Density
Residential, is one example of a "zero lot line" project located in
East Tustin. Given the configuration of these "zero lot line"
homes, many of the side yards are actually larger than the rear
yards. The "useable" side yards of these homes measure up to
twenty (20) feet or more in width and are typically adjacent to a
windowless wall on the adjacent home, affording privacy and maximum
use. It is expected that patio cover heights of up to twelve (12)
feet in height in these side yards would have no negative impacts
upon neighboring properties, but would provide a desirable and
private outdoor amenity for the resident.
city Council Report
Zone Change 93-002
January 3, 1994
Page 3
In conventional subdivisions, side yards are rarely large enough to
accommodate a patio cover. Therefore, patio covers are generally
constructed in rear yards. However, in the case of the Presidio
development and other similar shall lot subdivisions in East
Tustin, the side yards are often irregularly shaped and large
enough to accommodate a patio cover. The proposed amendment would
make it possible to construct patio covers in these yards.
E_.~VIRON~__~_~F~AL ANALYSI~
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. 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.
CONCLUSION
The proposed amendments would provide for open trellis and beam
constructions in side Yards up to a maximum of twelve (12) feet in
height, which the ETSP presently does not accommodate. Based upon
the information presented above and the Planning Commission's
recommendation of approval, it is recommended that the City Council
approve Zone Change 93-002.
Scott Reekstin
Assistant Planner
J~istine on
Assistant City Manager
SR: br: kbc\ZC93- 002. sc r
Attachments:
Location Map
Attachment A - Planning Commission Reso No. 3207
Resolution No. 94-01
Ordinance No. 1118
LO~ATION
MAP
.,/, f
./
/
/
·
/'
iI
I
I
I
ZONE CHANGE 93-002 (CALIFORNIA PACIFIC HOMES)
'PROJECT AREA
NO SCALE
1
2
3
4
5
6
7
8
0
10
11
12
13
14
15
1G
17
18
10
20
24I
26
ATTACHMENT A
RESOLUTION NO. 3207
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL 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, AND TO PROVIDE UPDATED STREET NAMES
;/~N SECTION 3.5.G. OF THE SPECIFIC PLAN.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission 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
Co
That a public hearing was duly notice, called
and held on said application on November 22,
1993 by the Planning Commission.
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 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
5
6
7
9
10
11
12
13
14
15
16~
17
18
19
2O
21
22
24
27
Resolution No.3207
Page 2
and provide for an increase in maximum side
yard patio cover height that is ~o~sistent
with the maximum height currently specified in
the East Tustin Specific, Plan for detached
accessory structures.
II. The Planning Commission hereby recommends to the
C~ty Council approval of Zone Change 93-002,
amending the East Tustin Specific Plan to increase
the maximum allowable height of open trellis and
beam constructions in side yards from segen and one
half (7½) feet to twelve feet, and to provide
updated street names in Section 3.5.G of the
Specific Plan, subject to the conditions contained
in Exhibit A and amendments as shown in Exhibit B,
attached hereto and incorporated herein by
reference.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 22nd day of
November, 1993.
KATHLEEN cLANc~~''- ~
Recording Secretary/~'
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution
No. 3207 was duly passed and adopted at a regular
meeting of the Tustin Planning Commission, held on the
22nd.day of November, 1993.
KATHLEEN CLANCY .
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3207
CONDITIONS OF APPROVAL
ZONE CHANGE 93-002 (CALIFORNIA PACIFIC HOMES)
GENERAL
(1) 1.1 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.
(1) 1.2 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.
(1) 1.3 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.
PLAN SUBMITTAL
*** 2.1 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 Exhibit B
attached hereto.
FEES
(1) 3.1 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.
SOURCE CODES
(1) STANDARD CONDITIONS
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
(4) UNIFORM BUILDING CODE
(5) RESPONSIBLE AGENCY
REQUIREMENT
Exhibit A
Resoluticn No. 3207
Zone Change 93-002
Page 2
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.
EXHIBIT B
RESOLUTION NO. 3207
DRAFT ORDINANCE NO.1118
ZC93-002 (CALIFORNIA PACIFIC HOMES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, 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 SEVENAND ONE HALF
(7%) 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
~bf 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 notice, called
and held on said application on November 22,
1993 by the Planning Commission and on
by the City Council.
Ce
De
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.
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 street names in Section 3.5.G of the
Specific Plan.
Exhibit B
Resolution No. 3207
Draft Ordinance 1118
Page 2
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
Tustin DOES HEREBY ORDAIN as follows:
Section 1. Section 3.5, General Development Standards, of the
East Tustin Specific Plan is hereby amended as follows:
a.
Section 3.5.J entitled "Trellis" is amended to read as
follows:
"Open trellis and beam constructions shall be permitted
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~
~ii~~ili~~~iii~~~ii~~~ shall not exce~
~!~~i~i~i~i!~~ ............. ~'i'~'~'~'~°~'~-'~"~all not exceed 50
per~'~{'"'"'6~':°:'{~°'°~~ing open space of a developed lot.''
Be
Section 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 center line of the street.
A minimum landscape area shall be provided adjacent to
these streets. This landscape area is a combination of
the parkway (measured from face of curb to right-of-way
line which includes a sidewalk and any utility easements)
and a landscape setback from the ultimate 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.
Exhibit B
Resolution No. 3207
Dr~ft Ordinance 1118
Pa~e 3
Street
Min. Landscape Area
Interstate 5 from Mixed Use (ROW) 30
Myford Road
· North:":':~:~"'"~'~'"'~'6""P'~rtola 76
· Adjoining Mixed Use 76
· North of Portola 62
Bryan Avenue
· Adjoining ELMO Channel 57
· Adjoining Mixed Use 67
Browning Avenue
63.5
Irvine Boulevard
· Between Browning & Ft Rd. 71
Portola Parkway
62
E1Camino Real
52
La Colina Avenue
52.
Future Road ~~':~~!iii~~ii
· Sryan:':'""~'~':':':':~:~'~:~:~'~ ..................................... 7 6
· South of Bryan 76
· Adjoining Gen. Commercial 72
Lower Lake Drive~~;iiii~~~iii~!~ii~.
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .: ...:::~3~:~:~:}:i:::!:i:!:i:~:~:!:!:!:~:i'.-':
/Foothill Blvd. 40
Min. Buildinq Setback
30
81
-95
67
85
78.5
76
81
67
57
57
81
96
77
45
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."
Exhibit B
Resolution No. 3207
Draft Ordinance 1115
Page 4
Section 2. Severability
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.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the day of , ~.
JIM POTTS
MAYOR
Mary E. Wynn,.City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
SS
CERTIFICATION FOR ORDINANCE NO. 1118
MARY E. WYNN, 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 No. 1118 was
duly and regularly introduced at a regular meeting of the City
Council held on the day of , and passed and
adopted at a regular meeting of the City Council held on the
day of , ~, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
SCR :bt: zc93002.ord
!
3
4
5
6
7
10
11
12
13
14
'15
16
17
18
19
21
24
25
27
28
RESOLUTION NO. 94-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FINDING THAT FINAL
ENVIRONMENTAL IMPACTREPORT (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 93-002 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:
I. The City Council finds and determines as follows:
ae
That Zone Change 93-002 is considered a
"project" pursuant to the terms. of the
California Environmental Quality Act; and
Be
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 that this project is within the scope of the
East Tustin Specific Plan previously approved. 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 Assembly Bill 3158,
Chapter 1706, Statutes of 1990. In addition, there
will not be a significant effect on the environment
as applicable mitigation measures identified in the
Final EIR have been incorporated into the project's
approval which mitigate any potential significant
environmental effects.
1
~2
3
4
5
6
7
9
10
11
12
13
14
-15
16
17
18
:
19
20
21
24
~26
27
28
Resolution No. 94-01
Page 2
PASSED AND ADOPTED by the City council of the City of
Tustin at a regular meeting held on the 3rd day of
January, 1994.
JIM POTTS
MAYOR
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATIONN FOR RESOLUTION NO. 94-01
MARY E. WYNN, 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 Resolution No. 94-01 was duly passed and
adopted at a regular meeting of the City Council held on
the 3rd day of January, 1994, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
26
ORDINAl[CE NO. 1118
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, 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:
A·
Be
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."
..
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.
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.
Do
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
4
5
6
?
II
13
'15
~6
17~
18
,,
19
24
26
27
28
Ordinance No. 1118
Page 2
street names in Section 3.5.G of the
Specific Plan.
Ee
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 Tustin 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:
"Open trellis and beam'constructions shall be
permitted 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'""'"~~"'"'"'~'~'"'"'"~'~'~'"'"'"~
the remaining open space of a developed lot."
Be
Section 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
center line of the street.
A minimum landscape area shall be provided
adjacent to these streets. This landscape
area is a combination of the parkway (measured
from face of curb to right-of-way line which
includes a sidewalk and any utility easements)
and a landscape setback from the ultimate
3
4
5
6
7
9
10
11
12
13
14
'15
16
17~
18
19
20
21
24
26
27
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
Adjoining Mixed Use 76
North of Portola 62
Bryan Avenue
· Adjoining ELMO Channel
57
· Adjoining Mixed Use
67
Browning Avenue
78.5
63.5
Irvine Boulevard
· Between Browning & Ft Rd. 71
:::~..:::::::::..::::::::::~:::::::::~::~::.4:::::::::::::::::::::::..:::::::~:::::::::::::::::::::::..::::::..:::.:
Portola Parkway
62
E1 Camino Real
52
La Colina Avenue
52
Future Road i(:.~~!i i~~:::;:~!...i:.~i
· Bryan::::':::~:~':'~':::~:~:~:'~:~:~'~: ................................................... 76
· South of Bryan 76
· Adjoining Gen. Commercial 72
Lower Lake Drive~P~~iii~
:.: :::::::::::::::::::::::: : :::::::::::::::::::::::::::::::::::::::::::::: :::::: ::::::::::::: : :::::::...:::
/Foothill Blvd. 40
30
81
95
67
85
76
81
67
57
57
81
96
77
45
1
3
4
5
6
9
10
11
16
18
20
21
28
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
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.
Ce
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.
2
3
28
Ordinance No. 1118
Page 5
Eo
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 3rd day of January, 1994.
JIM POTTS
MAYOR
Mary E. Wynn, City Clerk