HomeMy WebLinkAboutPH 1 ZONING ORD 91-01 08-05-91AIAL
PUBLIC HEARING N0. 1
8-5-91
inter-COrn
Li ATE: AUGUST 51 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ZONING ORDINANCE AMENDMENT 91-01
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Adopt Resolution No. 91-100, certifying Negative Declaration
for the project; and
2. By Minute Order, waive first reading and introduce Ordinance
No. 1075 by title only.
BACKGROUND
On July 8, 1991, the Planning Commission adopted Resolution Nos.
2918, and 2919 recommending approval to the City Council of Zoning
Ordinance Amendment 90-01. The subject property is a 7.85 -acre
existing mobilehome park which is legally nonconforming in regard
to density. The maximum permitted density within the Mobilehome
Park (MHP) District is 10 dwelling units per acre. The project's
existing density is 14.77 dwelling units per acre. Due to the
Interstate 5 (Santa Ana) Freeway widening, 1.53 acres of the
property was acquired by Caltrans for the purpose of relocating the
Nisson Road right-of-way. That acquisition causes the remaining
portion of the parcel to have a resultant density of 16 units per
acre. (See Attachment A.)
The property is located at 1782 Nisson Road, bounded to the north
by Nisson Road and Interstate 5, and to the east, south and west by
primarily Multi -family Residential Districts (R-3). There are six
(6) other MHP Districts within the City limits. These are
generally surrounded by higher density residential districts with
the exception of one Mobilehome Park District located near the Old
Town Area of Tustin. This district is bounded on three sides by
Central Commercial Districts (C-2) and on one side by Multiple -
family Residential District (R-3).
Road -widening projects often require the acquisition of additional
rights-of-way by a public agency from private property owners.
City Council Report
Zoning Ordinance Amendment 91-01
August 5, 1991
Page 2
These acquisitions may cause conforming mobilehome parks to exceed
the maximum allowable density or may cause legally nonconforming
mobilehome parks to have increased densities, as is the case of the
subject property.
Under the current codes, a park would not be permitted to exceed
the maximum allowable density nor to increase an already
nonconforming density. Code Section 9273 does exempt properties
from nonconformity if the rights-of-way acquisition is by the City;
however, properties affected by rights-of-way acquisitions by other
public agencies, such as Caltrans, are not exempt. Consequently,
the owner's privileges of use on impacted properties may be reduced
or limited.
The addition of the following Zoning Code Amendment provides for
the preservation and continuation, as equitably possible, of this
affordable housing type. The new Code Section '' , is
proposed to read:
The Planning Commission report dated July 8, 1991, is attached and
provides additional analysis of the proposed Zoning Code Amendment.
A Public Hearing Notice on
News on July 25, 1991. A
agenda was made available t
Code Section 65854, notice
feet of the project is no�
affect the permitted uses
owners within 300 feet of
item.
CONCLUSION
:his project was published in the Tustin
copy of the staff report and meeting's
:) the applicant. Pursuant to Government
:o individual property owners within 300
required when the amendment does not
of real property; therefore, property
the project were not notified of the
Given the background of the project and the analysis conducted by
City Council Report
Zoning Ordinance Amendment 91-01
August 5, 1991
Page 3
the Community Development Department and other responsible City
departments, it is concluded that the applicant's request is
appropriate and the proposed code amendment would maintain the
privileges of a property , even though the property may be
substandard due to rights-of-way acquisition by a public agency.
Therefore, it is recommended that the City Council:
1. Adopt Resolution No. 91-100, certifying Negative Declaration
for the project; and
2. By Minute Order, waive first reading and introduce Ordinance
No. 1075 by title only.
Joann M.S. Perry
Associate Planner
Christine A. Shi&§leton
Assistant City Manager
Community Development
Attachments: Ordinance No. 1075
Attachment A
Planning Commission Report,
Planning Commission Minutes,
Zoning Code Section 9227
Zoning Code Section 9273
Resolution No. 91-100
Negative Declaration/Initial
JP:nm/zoa91-01.rpt
Item #3, July 8, 1991
Item #3, July 8, 1991
Study
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ORDINANCE NO. 1075
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING ZONING
ORDINANCE AMENDMENT 91-01, AN AMENDMENT TO
MOBILE HOME PARK REQUIREMENTS, EXEMPTING
CERTAIN PARCELS FROM NONCONFORMING STATUS
RELATED TO DENSITY WHEN THE NONCONFORMITY IS
RESULT OF ACQUISITION OF PUBLIC RIGHTS-OF-WAY
BY A PUBLIC AGENCY
The City Council of the City of Tustin does hereby ordain
as follows:
I. The City Council finds and determines as follows:
A. A public hearing before the City Council to
consider Zoning Ordinance Amendment 91-01 was
duly called, noticed and held on Monday,
August 5, 1991.
B. A Negative Declaration has been prepared in
conformance with the California Environmental
Quality Act; no significant, adverse impacts
are associated with this Zoning Ordinance
Amendment.
C. The subject amendment is in the best interest
of the public health, safety and welfare in
that it will not- penalize legal conforming
properties in the Mobilehome Park District
from becoming nonconforming related to density
requirements, provided all other development
standards are satisfied, due to the community-
wide benefit of public rights-of-way
acquisition by a public agency.
D. The subject amendment is consistent with the
General Plan in that it will not negatively
impact the orderly growth and development of
the City.
II. The City Council hereby approves Zoning
Ordinance Amendment 91-01 as follows:
A. Section 9227 b 2 (c) shall be added to the
Tustin City Code to read as follows:
"Any existing and developed parcel which
is legal and conforming or legally
nonconforming as of the date of the
adoption of this subsection, and with the
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Ordinance No. 1075
Page 2
acquisitions of public rights-of-way by a
public agency would result in densities
exceeding the density permitted by the
Zoning Code or would result in an
increased nonconformity with regard to
density shall not be considered
nonconforming pursuant to Section 9227 b
2 and Section 9273 of the Zoning Code
with regard to density only, provided
that all other provisions of the Zoning
Code are satisfied."
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council held on the 19th day of August, 1991.
MARY E. WYNN
City Clerk
CHARLES E. PUCKETT
Mayor
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Ordinance No. 1075
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1075
MARY E. WYNN, City Clerk and ex -of f icio 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. 1075 was duly and regularly
introduced and read at a regular meeting of the City
Council held on the 5th day of August, 1991, and was
given its second reading and duly passed and adopted at
a regular meeting of the City Council held on the 19th
day of August, 1991, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JP: nm
Mary E. Wynn, City Clerk
Published: Tustin News
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ATTACHMENT A
ITEM #3
import to the
Panning Commission
DATE: JULY 8, 1991
SUBJECT: ZONING ORDINANCE AMENDMENT 91-01
APPLICANT: UNION BANK TRUST DEPARTMENT
(TRAIL -A -WAY MOBILE HOME PARK)
LOCATION: 1782 NISSON ROAD
ZONING: MOBILEHOME PARR DISTRICT (MHP)
ENVIRONMENTAL
A
STATUS: NEGATIVE DECLARATION HAS BEEN PREPARED AND FILED
IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
REQUEST: ADDITION OF CITY CODE SECTION 9227(B)(2)(C) TO THE
MOBILEHOME PARR (MHP) DISTRICT EXEMPTING EXISTING
LEGAL CONFORMING AND LEGALLY NONCONFORMING PARCELS
FROM NONCONFORMING OR INCREASED NONCONFORMING
STATUS RELATED TO DENSITY REQUIREMENTS ONLY WHEN
THE NONCONFORMITY OR INCREASED NONCONFORMITY IS
RESULTANT FROM THE ACQUISITION OF PUBLIC RIGHTS-OF-
WAY BY A PUBLIC AGENCY
RECOMMENDATION
It is recommended that the Planning Commission:
1. Adopt Resolution No. 2919, recommending to the City Council
certification of the final Negative Declaration for the
project; and
2. Adopt Resolution No. 2918, recommending to the City Council
approval of Zoning Ordinance Amendment 91-01, as submitted or
revised.
BACKGROUND
The subject project is a 7.85 -acre existing mobilehome park which
is legally nonconforming in regard to density. The maximum
permitted density within the Mobilehome Park (MHP) District is 10
Planning Commission Report
Zoning ordinance Amendment 91-01
July 81 1991
Page 2
dwelling units per acre. The project's existing density is 14.77
dwelling units per acre. Due to the Interstate 5 (Santa Ana)
Freeway widening, 1.53 acres of the subject property was acquired
by Caltrans for the purpose of relocating the Nisson Road right-of-
way. This acquisition causes the remaining portion of the project
to have a resultant density of 16 units per acre.
The subject project is located at 1782 Nisson Road bounded to
he
north by Nisson Road and Interstate 5; to the east, south and west
by primarily Multi -family Residential Districts (R-3).
Road -widening projects often require the acquisition of additional
rights-of-way by a public agency from private property owners.
These acquisitions may,
from time to time, result in: 1) imposing
densities exceeding the density permitted by the Zoning Code on
existing, fully -developed parcels previously conforming, or 2)
causing an increased nonconformity with regard to density on
existing, fully -developed parcels previously legally nonconforming.
The result is a property owner's privileges of use of a property
may be reduced or limited despite the direct benefit that selling
of their property to the City or public agency would have on City
residents. As it particularly relates to parking, a iiy5of Tustin
comments were included in the Caltrans EIR for th
dening
requiring conformance with the Tustin City Code.
Under the current provisions of the Tustin City Code Section 9227
Mobilehome Park District, an existing legal and conforming
mobilehome park -would not be permitted to increase their density
beyond the maximum permitted density of that district even if the
increased density is the result of the acquisition of rights-of-way
by a public agency, other than the City.
A legally nonconforming parcel that, due to acquisition of rights-
of-way by a public agency results in an increased density is said
to be an intensification of use and is subject to the provisions of
Section 9273 Nonconforming Uses and Structures.
"(a) Except as otherwise provided in this Section,
uses of land, buildings or structures existing at
the time of the adoption of this Chapter may be
continued, although the particular use, or the
building or structure does not conform to the
regulations specified by this Chapter for the
district in which the particular building or
structure is located or use is made; provided,
however, no nonconforming structure or use of land
may be extended to occupy a greater area of land,
Planning Commission Report
Zoning ordinance Amendment 91-01
July 8, 1991
Page 3
building or structure than is occupied at the time
of the adoption of this Chapter... and
it (b) Any building or structure, existing at the
which is
use
date of adoption of r design torr, arrangement,
nonconforming either in
shall not be enlarged, extended, reconstructed, or
structurally altered, unless such enlargement,
extension, reconstruction or alterationforth iisin
this
compliancy with the regulations
Chapter for the districtin which such building or
structure is located, provided, however, .that any such nonconforming building or structure may be
maintained, repaired or portions thereof replaced,
repairs or
so long as such maintenance, ercent of
replacements do not exceed f ifty (50 ) P
the building's assessed valuation, as theshown C t the
last equalized assessment roll of Y
Tustin..."
The Zoning
Code related to Nonconforming Uses and Structures,
Section 9273f only provides for exemption from nonconformity cted by
if the
acquisition of rights-of-way is by the City. Projects
the acquisition of rights-of-way by
other public agencies are
subject to the conditions described in the sections mentioned
�
above.
"(e) Any use of land, building, or structure which
is legal and conforming to all provisions of this
Zoning code, as of the date of adoption , ober hin
"ordinance," and made "non -conforming either
design or arrangement due to acquisition from is
right-of-way by the City, shall beexempt
nonconforming status and the provisions of Section
9273, Nonconforming Structures and Uses, unless
it
is established by the Department of Y
Development that such use, building or structure
creates a nuisance or is a threat nts he O ealth,
welfare or well being of City reside
1013, Sec. 2, 1-3-89)",
e are six (6) other MHP Districts within the City limits.
Ther higher density residential
These are generally surrounded by g
districts with the exception of one Mobilehome Parks District
located near the Old Town Area of Tustin. This district
Planning Commission Report
Zoning Ordinance Amendment 91-01
July 81 1991
Page 4
on three sides by Central Commercial Districts (C-2) and on one
side by Multiple -family Residential District (R-3).
A Public Hearing. Notice on
News on June 13, 1991. A
agenda was made available t
Code Section 65854, notice
feet of the project is no,
affect the permitted uses
owners within 300 feet of
item.
this project was published in the Tustin
copy of the staff report and meeting's
:) the applicant. Pursuant to Government
to individual property owners within 300
required when the amendment does not
of real property; therefore, property
the project were not notified of the
DISCUSSION
The following table and Attachment'A illustrate a summary of the
existing and resultant site conditions due to the acquisition of
public right-of-way by Caltrans for the subject project:
-------------
Under the existing City Code, the applicant would be required to
eliminate an additional eight (8) units to reduce the resultant
site density of 16.00 units/acre to the previously existing site
density of 14.77 units/acre in order to meet the requirements of
Section 9273, Nonconforming Uses and Structures.
W_
Planning Commission Report
Zoning Ordinance Amendment 91-01
July 81 1991
Page 5
Typically, the property owner did not create the nonconformity or
increased nonconformity by his or her own action, but rather it was
created by the public agency for the benefit of the community as a
whole. The Mobilehome Park District provides within the City of
Tustin a valuable type of affordable housing. California State
Planning, Zoning and Development Law requires that the housing
element of a City's General Plan provide for the housing needs,
existing and projected, for all income levels.
Section 65583. "The housing element shall consist
of an identification and analysis of existing and
projected housing needs and a statement of goals,
policies, quantified objectives, and scheduled
programs for the preservation, improvement, and
development of housing. The housing element shall
identify adequate sites for housing, including
rental housing, factory -built housing, and
mobilehomes, and shall made adequate provision for
the existing and projected needs of all economic
segments of the community-"
The addition of the following Zoning Code Amendment provides for
the preservation and continuation, as equitably possible, of this
of fordable housing type. The new Code Section 9227 (B) (2) (c) , is
proposed to read:
"Any existing and developed parcel which is legal
and conforming or legally nonconforming as of the
date of the adoption of this subsection and, with
the acquisition of public rights-of-way by a public
agency, would result in densities exceeding the
density permitted by the Zoning Code or would
result in an increased nonconformity with regard to
density shall not be considered nonconforming
pursuant to Section 9227 (b) (2) and Section 9273 of
the Zoning Code with regard to density only,
provided that all other provisions of the Zoning
Code are satisfied."
The project would be required to fulfill the remaining development
standards of Code Section 9227. In the case of the applicant's
project, the following development standards would apply:
Planning Commission Report
Zoning Ordinance Amendment 91-01
July 8, 1991
Page 6
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CONCLUSION
Given the analysis conducted by staff, it is concluded that the
request is appropriate and the addition of the proposed code
amendment would maintain the privileges of a property , even though
the property may be substandard due to rights -of -thyt the Planning
uisition by
a public agency. Therefore, staff recommends
Commission:
1'. Adopt Resolution No. 2919, recommending to the City Council
certification of the final Negative Declaration for the
project; and
2. Adopt Resolution No. 2918, recommending to the City Council
approval of Zoning Ordinance Amendment 91-01, as submitted or
revised.
, r., *'� . 2�t
Joann M.S. Perry
Associate Planner
Attachments: Zoning Code 9227
Zoning Code 9273
Resolution No. 2918
Resolution No. 2919
Attachment A
JP:nm/zoa91-01.rpt
ristine A. Shin eton
Assistant City M ager
Community Development
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ATTACHMENT A
TUSTIN CITY CODE ZONING
9226b8
Multiple family dwellings damaged or destroyed due to catastrophic eveeorffiay be
reconstructed or replaced by new identical construction pursuant a same devel-
opment standards applied to the damaged or destroyed d ing units. However,
repair or replacement construction shall comply wit current building and fire
code regulations. (Ord. No. 906, Sec. 6, 2-2 1
c Maximum Height, Exception
Notwithstanding any provisio the contrary contained in this Section 9226, when a lot
in the R-3 District abuts a y point along its property lines or is directly across a street or
alley from property ed R -A, E-4 or R-1 (developed or undeveloped), no main building shall
be erected on R-3 lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever
is mo trictive, within one hundred fifty (150) feet of said R -A, E-4 and R-1 zoned property,
9227 MOBILEHOME PARK DISTRICT (MHP)
a Conditionally Permitted Uses
In the mobilehome Park District (MHP), none but the following uses, or uses which in the
opinion of the Planning Commission are similar will be permitted, subject to the granting of a
Conditional Use Permit, subject to the development standards of this Chapter:
1. Mobilehome park
2. Travel trailer parks
3. Permanent recreational, accessory and service structures.
b Development Standards
Development standards shall be the following:
1. Minimum building site:
(a) Mobilehome park or travel trailer park five (5) acres.
(b) Individual lot—The total area of all trailer and/or mobilehome spaces shall be
equal to or greater than the product of the total number .of spaces multiplied by
2,800 square feet.
(c) Travel trailer spaces,. with a minimum lot size of 1,500 square feet, shall not
exceed ten (10) percent of the total spaces in a mobilehome park.
2. Maximum density:
(a) Mobilehome park Ten (10) dwelling units per net acre (public streets excluded).
(b) Travel trailer park—Fifteen (15) dwelling units per net acre.
3. Maximum height: Thirty (30) feet.
REV: 7-84
LU -2-21
TUSTIN CITY CODE ZONING
4. Minimum yards and setbacks:
9227b4
(a) Front yard: Trailer Park—None
Individual lot—Five (5) feet (measured from curb to actual structure, hitch ex-
cluded)
(b) Side yard: Trailer Park—None
Individual lot—Three (3) feet
5. Maximum lot coverage -75 percent
6. Off-street parking spaces required:
A minimum of two (2) spaces per trailer or mobilehome lot, plus one (1) guest parking
space for each ten (10) trailer or mobilehome lots in the park.
7. Recreation area required:
A minimum of 100 square feet of recreational space shall be provided for each trailer
or mobilehome lot in the park. If more than 25 percent of the spaces in the park are
occupied by persons having one (1) or more children under the age of fifteen (15), an
additional fifty (50) square feet of recreational space shall be provided for each trailer
or mobilehome lot so occupied.
d. Fences and walls:
Any mobilehome or travel trailer park shall be surrounded by a six-foot, sight -
obscuring fence or wall, of uniform treatment, except within twenty-five (25) feet of
an entrance to, or exit from, a public street where such fence or wall shall have a
maximum height of three (3) feet unless greater height is specifically approved in the
conditional use permit.
9. Clothes drying:
An enclosed area screened from view shall be provided for the . outdoor drying of
clothes. No clothes drying shall be permitted on the individual lot unless done within
an enclosed structure.
10. Irrigation of landscaped areas:
All landscaped areas, other than on individual spaces, shall be provided with an
irrigation system.
11. Architectural approval: •
All recreational and service structures, landscaping and the exterior fence constructed
in a mobilehome or travel trailer park shall be approved by the Architectural Committee.
(Ord. No. 329, Sec. 2)
REV: 7-84
LU -2-22
TUSTIN CITY CODE ZONING 9272g(6)
am 0 WE .
.....OWWWWW, .. .- - - H
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9273 NONCONFORMING STRUCTURES AND USES
(a) Except as otherwise provided in this Section, uses of land, buildings, or structures
existing at the time of the adoption of this Chapter may be continued, although the particular
use, or the building or structure does not conform to the regulations specified by this Chapter
for the district in which the particular building or structure is located or use is made;
provided, however, no nonconforming structure or use of land may be extended to occupy a
greater area of land, building or structure than is occupied at the time of the adoption of this
Chapter. If any nonconforming use is discontinued or abandoned, any subsequent use of such
land or building shall conform to the regulations specified for the district in which such land
or building is located. If no structural alterations are made therein, a nonconforming use of a
nonconforming building may be changed to another use of the same or more restrictive
classification upon the securing of a use permit. If the nonconforming use is replaced by a
more restrictive nonconforming use, the occupancy thereafter may not revert to a less restric-
tive use. -If any use is wholly discontinued for any reason except pursuant to a valid order of a
court of law for a period of one (1) year, it shall be conclusively presumed that such use has
been abandoned within the meaning of this Chapter, and all future uses shall comply with the
regulations of the particular district in which the land or building is located. (Ord. No. 157,
Sec. 6.1)
(b) Any building or structure, existing at the date of adoption of this Chapter, which is
nonconforming either in use, design, or arrangement, shall not be enlarged, extended, recon-
structed, or structurally altered, unless such enlargement, extension, reconstruction or alter-
ation is in compliance with the regulations set forth in this Chapter for the district in which
such building or structure is located; provided, however, that any such nonconforming build-
ing or structure may be maintained, repaired or portions thereof replaced, so long as such
maintenance, repairs or replacements do not exceed fifty (50) percent of the building's as-
sessed valuation, as shown on the last equalized assessment roll of the City of Tustin.
The Planning Department of the City of Tustin may send, by certified mail, return receipt
requested, to the owner, as shown on the last equalized assessment roll, of any nonconforming
building or structure, or of any property upon which any prior .nonconforming use exists, a
demand that said owner shall furnish to the City of Tustin a statement, under oath, on a form
submitted for said purpose, setting forth a detailed description of said use. Said statement
shall be filed with the Planning Department of the City of Tustin within thirty (30) days from
the date of such demand. Upon any failure to duly file such a statement as herein provided,
said building, structure and use shall conform to all regulations of the zone in which it is
located within thirty (30) days after such failure. (Ord. No. 310, Sec. 1)
(c) A nonconforming building, destroyed to the extent of more than fifty (50) percent of its
reasonable value at the time of its destruction by fire, explosion or other casualty or act of
REV: 1-89
LU -2-69
TUSTIN CITY CODE ZONING 9273(c)
God, may be restored or used only in compliance with the regulations existing in the district
wherein it is located. (Ord. No. 310, Sec. 2)
(d) The provisions set forth in (b) and (c) above, shall apply to structures, land and uses
which hereafter become nonconforming due to any reclassification of districts under this
Chapter; provided, however, that public uses, public utility buildings and public utility- uses
existing at the time of the adoption of this Chapter, or existing at the time of reclassification
of districts, shall not be considered nonconforming. (Ord. No. 319, Sec. 3)
(e) Any use of land, building, or structure which is legal and conforming to all provisions
of this Zoning Code, as of the date of adoption of this "ordinance," and made "non -conforming"
either in design or arrangement due to acquisition of public right-of-way by the City, shall be
exempt from a nonconforming status and the provisions of Section 9273, Nonconforming
Structures and Uses, unless it is established by the Department of Community Development
that such use, building or structure creates a nuisance or is a threat to the health, welfare or
well being of City residents. (Ord. No. 1013, Sec. 2, 1-3-89)
Conversion of multiple dwelling units to condominiums as defined in Section 1350 the
Civil Code, Community Apartment Projects as defined in Section 11004 of the Bus' ess and
Professions Code or Stock Cooperatives as defined in Section 11003.2 of the siness and
Professions Code; shall be required to conform and be consistent with the egulations and
provisions of the following:
(1) Part 9, Administration of this Chapter concerning applicat' for and action on a use
permit.
(2) Chapter 3, Subdivisions of the Tustin City Code.
(3) Section 9224, Planned Development
this Chapter.
(4) The Tustin Area General Plan.
b Minimum Standards, Fire
-D) of Part 2, Residential Districts, of
(1) Access roadways shall extended to within two hundred fifty (250) feet of all
portions of the exte ' r walls of the first story of any building. Where the access
roadway cannot provided, approved fire protection system or systems shall be
provided as r uired and approved by the Orange County Fire Marshal. A turn-
around r us of a minimum of thirty-five (35) feet shall be provided when access
road ends over one hundred fifty (150) feet from street with any one point of
An approved water supply capable of supplying required fire flow for fire protection
shall be provided to all premises. When any portion of the building protected is in
REV: 1-89
LU -2-70
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RESOLUTION NO. 91-100
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA,
CERTIFYING THE NEGATIVE DECLARATION
AS ADEQUATE FOR ZONING ORDINANCE
AMENDMENT 91-01 INCLUDING REQUIRED
FINDINGS PURSUANT TO 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:
A. The request to approve Zoning Ordinance
Amendment 91-01 is considered a "project"
pursuant to the terms of the California
Environmental Quality Act.
B. A Negative Declaration has been prepared for
this project and has been established for
public review.
C. Whereby, the Planning Commission and the City
Council of the City of Tustin has considered
evidence presented by the Community
Development and other interested parties with
respect to the subject Negative Declaration.
D. The City Council has evaluated the proposed
Negative Declaration and determined it to be
adequate and complete.
II. A Negative Declaration has been completed in
compliance with CEQA and State guidelines. The
City Council, having final approving authority over
Zoning Ordinance Amendment 91-01, has received and
considered the information contained in the
Negative Declaration prior to approving the
proposed project and have found that it adequately
discussed the environmental effects of the proposed
project. On the basis of the initial study, 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.
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Resolution No. 91-100
Page 2
III. The City Council hereby certifies the Negative
Declaration for Zoning Code Amendment 91-01 subject
to the conditions as follows:
A. 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, enable the City to
file the Notice of Determination required
under Public Resources code Section 21151 and
14 Cal. Code of Regulations 15094. If within
such forty-eight (48) hour period that 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 by the City Council of the City of
Tustin at a regular meeting held on the 5th day of
August, 1991.
Mary E. Wynn, City Clerk
Charles E. Puckett, Mayor
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Resolution No. 91-100
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 91-100
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. 91-100 was duly and regularly
introduced, passed and adopted at a regular meeting of
the City Council held on the 5th day of August, 1991 by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
NEGNi. JE DECLARATik
2 CITY OF TUSTI N
S't 300 CENTENNIAL WAY, TUSTIN, CA. 92680
Project Title: Code Amendment 91-01 File No.
Project Location: 1782 Nisson Road
Project Description: Anoamendment
Mobile. HomeTustin
ParkCity
Districtadding
Section 9227 (B)(2)(c) t
Project Proponent: Union Bank Trust Department
Christine Shingleton Ext. 478
Contact Person:Joann M.S. Perry
Telephone:(714)544-8890
The Community Development Department has- conducted an initial study for the
above project in accordance with the City of Tustin's proceduresregarding
implementation of the California Environmental Quality Act, and on the basis of
that study hereby find:
That there is no substantial evidence that the project may have a
significant effect on the environment.
That potential significant affects were identified, but revisions have
a been included in the project plans and agreed to by the applicant clearlythat
at
would avoid or mitigate the affects t0 aid visions are whereoint hattached to and
significant effects f othi He ccurati veS0ec1 arati on.
hereby made a part o 9
Therefore, the preparation of an Environmental Impact Report is not required.
The initial study which provides the basis for this determination is on
file at the Community Development Department, City of Tustin. The public
is invited to comment on the appropriatenessof this Negative Declaration
during the review period, which begins with the public notice of a
Negative Declaration and extends for seven calendar days. Upon review by
the Community Development Di rector, this review period may be extended if
deemed necessary.
REVIEW PERIOD ENDS 4:30 p.m. on July 8, 1
DATED: June 17, 1991
Community eve ment Uirector
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FORM
I. Background
1. Name of Proponent
UNION BANK TRUST DEPARTMENT
2. Address and Phone Number of Proponent .(x'19-) 230-4652
P.O. BOX 109
SAN DIEGO, CALIFORNIA 92112-4103
3. Date of Checklist Submitted June 17, 1991
4. Agency Requiring .:Checklist CITY OF TUSTIN
5. Name of Proposal, if applicable CODE AMENDMENT 91=01
II. Environmental impacts
(Explanations of all "yes" and "maybe" answers are required on
attached sheets.)
Yes Maybe
No
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures?
X
b. Disruptions, displacements, compaction
or overcovering of the soil?
X
C. Change in topography or ground surface
relief features?
X.
d. The destruction, covering or
modification of any unique geologic
or physical features?
X
e. Any increase in wind or water erosion
of soils, either on or off the site?
X
f. Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any ban, inlet or
lake?
X
2.
3.
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards?
Air. Will the proposal result in:
a. Substantial air emission or
deterioration of ambient air quality?
b. The creation of objectionable odor$?'
C. Alteration of air movement, moisture,
or temperatures, or any change in
climate, either locally or regionally?
Water. Will the proposal result in:
VL. Changes in currents, or the course
of direction of water movements,
in either marine or .fresh water?
b. Changes in absorption rates,
drainage patterns, or the rate and
amount of surface runoff?
C. Alterations to the course or flow
of flood waters?
d. Change in the amount of surface
water in any water body?
e. Discharge into surface waters,
or in any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity?
f. Alteration of the direction or rate
of flow of ground waters?'
g. Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
h. Substantial reduction in the amount of
water otherwise available for public
water supplies?
Yes Maybe No
R
X
R
X
X
X
X
X
X
X
x
4.
S.
C•9
7.
Yes Maybe No
i.
Exposure of people or property to
water related hazards such as flooding
or tidal waves?
X
Plant Life. Will the proposal result in:
a.
Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants) ?
X
b.
Reduction of the numbers of any unique,
rare or endangered species,of plants?
X
C.
Introduction of new species'of plants
into an area, or in a barrier to the
normal replenishment of existing
species?
X
d.
Reduction in acreage of any
agricultural crop?.
X
Animal Life. Will the proposal result in:
a.
Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects?
X
b. Reduction of the numbers of any unique,
rare or endangered species -of animals? X.
C. Introduction of new species of animals ,
into an area, or result in a barrier to
the migration or movement of animals? X
d. Deterioration to existing fish or
wildlife habitat? X
Noise. Will the proposal result in:
a. Increases in existing noise levels? X
b. Exposure of people to severe noise
levels? X
Light and Glare. Will -the proposal produce
new light or glare? X
Yes Maybe No
8. Land Use. Will the proposal result in
a substantial alteration of the present
or planned land use of an area?
9. Natural Resources. Will the proposal
result in: _
a. Increase in the rate of use of any
natural resources?
b. Substantial depletion .of any�-
nonrenewable natural resource?
10. Risk of Upset. Will the proposal involve:
a. A risk of an explosion or the release
of hazardous substances (including, but
not limited to, oil, pesticides, chemicals
or radiation) in the.event of an accident
or upset conditions?
b. Possible interference with an
emergency response.plan or an
emergency evacuation plan?
11. Population. Will the proposal alter
the location, distribution, density, or
growth rate of the .human population of
an urea?
12. Housing. Will the proposal affect
existing housing, or create a demand
for additional housing?
13. Transportation/Circulation. Will the
proposal result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking facilities,
or demand for•new parking?
C. Substantial impact upon existing
transportation systems?
d. Alterations to present patterns -of
circulation or movement of people
and/or goods?
X
X
X
X
X
X
X
X
X
x
X
Yes Maybe No
e.
_ Alterations to waterborne, rail or
air traffic?
X
f.
.- Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
x
14. Public services. Will the proposal have
an
effect upon, or result in a need for new
or
altered governmental services in any of
the following areas:
a.
Fire protection?
g
b.
Police protection?
X
C.
Schools?
X
d.
Parks or other recreational facilities?
x
e.
Maintenance of public facilities,
including roads?
X
f.
Other governmental services?
X
15. Energy. Will the proposal result in:
a.
Use of substantial amounts of fuel or
energy?
X
b.
Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of
energy?
X
16. Utilities. Will the proposal result in a
need for new systems, or substantial
-
alterations to the following utilities:
a.
Power or natural gas?
X
b.
communications systems?
X
C.
Water?
X
d.
Sewer or septic tanks?
X
e.
Storm water drainage?
X
f.
Solid waste and disposal?
X
Yes M_ gybe No
17. Human Health. Will the proposal
result in:
a. Creation of any health hazard or
potential health hazard (excluding
mental health) ?
_X.
b. Exposure of people to potential
health hazards?
X
18. Solid Waste. Will the proposal create"
additional solid waste requiring disposal
by the City?
X
19. Aesthetics. Will the proposal result in
the obstruction of any scenic -vista or view
open to the public, or will the proposal
result in the creation of an aesthetically
offensive site open to 'public view?
X
20. Recreation. Will the proi3osal result.in an
impact upon the quality or quantity of
existing recreational opportunities?
X
21. Cultural Resources
a. Will the proposal result in the
alteration of or the destruction of
a prehistoric or historic archaeological
site?
X
b. Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
X
C. Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
X
d. Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
X
Yes Maybe No
22. Mandatory Findings of significance.
a. Does the project have the potential to
degrade the quality of the environment
substantially reduce the habitat of a
fish or wildlife .species, cause a fish or --
wildlife population to drop below self
sustaining levels, threaten to eliminate
a plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
b. Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (A'short-
term impact on the environment is one
which occurs in a relatively brief, definitive
period of time while long-term impacts will
endure well into the -future).
C. Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two
or more separate resources where the impact
on each resource is.relatively small, but
where the effect of the total of those
impacts on the environment is significant.)
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
III. Discussion of Environmental Evaluation
SEE EXHIIBIT A INITIAL STUDY RESPONSES FOR CODE AMENDMENT 91-01
IV. Determination
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a
significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
X
X
X
X
X
Date
I find that although the proposed project could have
a significant effect on the environment, there will
not be a significant effect in this case because the
mitigation measure described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION WILL
BE PREPARED
I find the proposed project MAY have a significant effbct
on the environment, and an ENVIRONMENTAL IMPACT REPORT
is required.
Signature
Joann M.S. Perry
Associate Planner
City of Tustin
EXHIBIT A
INITIAL STUDY RESPONSES FOR
CODE AMENDMENT 91-41
BACKGROUND
The proposed project is a request for an amendment to the Tustin
City Code adding Section 9227 (B) (2) (c) to the Mobile Home Park
District (MHP). The requested amendment would add provisions
exempting existing developed conforming or legally non -conforming
parcels in the MHP District from a non -conforming or increased non-
conforming status related to density requirements only when the
non -conformity or increased non -conformity is caused by the
acquisition of public rights-of-way by the City or any other public
agency.
The applicant has requested this amendment based on the site
located at 1782 Nisson Road (south side of Nisson Road, between
Browning Avenue and Red Hill Avenue, adjacent to I-5). The
acquisition of public rights-of-way as a result of the Interstate
5 widening project has caused the existing legally non -conforming
development to become more non -conforming related to overall
density (units/acre).
The proposed code amendment would only be applicable to sites which
are existing and fully developed in the MAP District. The City of
Tustin Zoning Map presently identifies seven (7) specific MHP
districts, all of which are developed and are generally
characterized by relatively flat topography, existing introduced
plant materials and no significant wildlife, fish, flora, fauna or
cultural resources. The acquisition of public rights-of-way by the
City of any other public agency would result in, at minimum, plans
to be reviewed and approved by the Community Development Department
and a separate environmental review as part of the City's Design
Review process for any site modifications that might occur as a
result of the right-of-way acquisition and related improvements.
In this connection, appropriate mitigation measures and mitigation
monitoring in response to the site specific plans and modifications
would be developed at the time of any subsequent reviews.
1. EARTH
Items A through G - "No"
The Code Amendment would not result in any change to the
existing earth conditions and topographic features of the site
as the code provides exemption of non -conforming status
regarding density of existing developments only. Therefore,
no additional movement of earth that would result in unstable
conditions, changes in topography, any increase in erosion or
exposure to any geological hazard will occur.
Exhibit A - Initial Study Responses
Code Amendment 91-01
June 17, 1991
Page 2
Sources: Field Verification
Proposed Site Plan
Tustin Municipal Code
Mitigation /monitoring Required: None required.
2. AIR
Items A through C - "No"
This project will not result in any degradation to the
existing air quality based on review of AQMD Standard for
Preparing EIR's.
Sources: AQMD Standards
Project Site and Description
Mitigation/Monitoring Required: None required.
3. WATER
Items A through I - "No"
The code amendment would not result in any change to the
existing water conditions of the site as the code provides
exemption of non -conforming status regarding imposed density
on existing development by the acquisition of public rights-
of-way only and would not add additional units. All effects
on drainage of a site as a result of right-of-way acquisition
would be addressed at the time specific improvement plans are
proposed.
Sources: Proposed Site Plan
City of Tustin Municipal Code
MitigationjMonitoring Required: None required.
4. PLANT LIFE
Items A through D - "No"
The code amendment would not result in any change to the
existing plant life as the code provides exemption of non-
conforming status regarding imposed density on existing
development by the acquisition of public rights-of-way only.
Exhibit A - Initial Study Responses
Code Amendment 91-01
June 17, 1991
Page 3
Sources: Field Verification
Proposed Site Plan
City of Tustin Municipal Code
MitigationLMonitoring Required: None required.
5. ANIMAL LIFE
Items A through D - "No"
The code amendment would not result in any change to the
existing animal life as the code provides exemption of non-
conforming status regarding imposed density on existing
development by the acquisition of public rights-of-way only.
Sources: Field Verification
Proposed Site Plan
City of Tustin Municipal Code
Mitigation/Monitoring Required: None required.
Items A through B - "No"
The code amendment would not result in any change to existing
noise levels as the code provides exemption of non -conforming
status regarding imposed density on existing development by
the acquisition of public rights-of-way only.
Sources: Field Verification
Proposed Site Plan
City of Tustin Municipal Code
MitigationlMonitoring Required: None required.
7. LIGHT AND GLARE
"No"
The code amendment would not result in any change to existing
light and glare levels as the code provides exemption of non-
conforming status regarding imposed density on existing
development by the acquisition of public rights-of-way only.
Sources: City of Tustin Security Ordinance
Exhibit A - Initial Study Responses
Code Amendment 91-01
June 17, 1991
Page 4
Mitigation /Monitoring Required:
S. LAND USE
"No"
None required.
The code amendment would not result in any change to the land
use designation of the City of Tustin Zoning Code or General
Plan as the code provides exemption of non -conforming status
regarding imposed density on existing development by the
acquisition of public rights-of-way only.
Source: City of Tustin Municipal Code
City of Tustin General Plan
Mitigation IMonitoring Required: None required
Y
9. NATURAL RESOURCES
Items A through B - "No"
The code amendment would not require significant quantities of
natural resources or non-renewable resources as the code
provides exemption on non -conforming status regarding imposed
density of existing development by the acquisition of public
rights-of-way only.
Source: City of Tustin Municipal Code
Field Verification
Mitigation/Monitoring Required: None required
10. RISK OF UPSET
Items A through B - "No"
The code amendment would not increase the risk of upset to the
property of the neighborhood nor would it interfere with
emergency response or evacuation.
Source: Community Development Department
Fire Department
Police Department
City of Tustin General Plan
Mitigation /Monitoring Required: None required
Exhibit A - Initial Study Responses
Code Amendment 91-01
June 17, 1991
Page 5
11. POPULATION
"No"
The proposed code amendment specifically addresses the issue
of imposed density stating that the effected existing
developed parcel would be exempt from zoning code density
requirements due to imposed non-conf ormity, thus no of f ect on
population would occur.
Source: Community Development Department
MitigationIMonitorinq Required: None required
12. HOUSING
"No"
The proposed code amendment specifically addresses the issue
of imposed density stating that the effected existing
developed parcel would be exempt from zoning code density
requirements due to imposed non -conformity, thus the code
amendment would not have a negative effect on existing housing
nor would it require additional housing. The amendment would
actually minimize the amount of mobile home coaches to be lost
as a result of right-of-way acquisition; thus protecting, to
the extent possible, the valuable housing source in the
community.
Source: Field Verification
Community Development Department
MitigationZMonitorinq Required: None required
13. TRANSPORTATION/CIRCULATION
Items A through F - "No"
The code amendment would not generate additional demand nor
would it have substantial impact on the existing
transportation systems.
Source: Community Development Department
Public Works Department
Exhibit A - Initial Study Responses
-- Code Amendment 91-01
June 17, 1991
Page 6
MitigationjMonitorinq_Required: None required
14. PUBLIC SERVICES
Items A through F - "No"
The code amendment would not have an effect upon or result in
an increase on or alter any public services.
Source: Community Development Department
Fire Department
Police Department
Public Works Department
Mitigation JMonitoring Required: None required
15. ENERGY
Items A through B - "No"
The code amendment would not result in any change in the use
of energy as the code provides exemption on non -conforming
status regarding imposed density of existing development by
the acquisition of public rights-of-way only.
Source: Community Development Department
Public Works Department
Mitigation/Monitoring Required: None required
16. UTILITIES
Item A through F - "No"
The code amendment would not result in a need for new systems
or substantial alteration to utilities such as natural power
or gas, communications, water, sewer, storm drainage or solid
waste disposal. This is due to the size, type and location of
the project.
Source: Community Development Department
Public Works Department
Mitigation/Monitoring Required: None required
Exhibit A - Initial Study Responses
Code Amendment 91-01
June 17, 1991
Page 7
17. HUMAN HEALTH
Items A through B - "No"
The code amendment would not create any new health hazard.
Source: Community Development Department
Fire Department
Police Department
Public Works Department
Mitigation/Monitoring Required: None required
18. SOLID WASTE
"No"
The code amendment would not create any additional solid waste
disposal requirements.
Source: Community Development Department
Public Works Department
MitigationfMonitoring Required: None required
19. AESTHETICS
"No"
The code amendment would not result in any change to the.
aesthetics of the area since the site is existing and the code
specifically exempts conforming and legally non -conforming
existing parcels from revising their density due to imposed
densities caused by public acquisitions of rights -of -ways.
Source: City of Tustin Municipal Code
City of Tustin General Plan
Mitigation/Monitoring Required: None required
20. RECREATION
"No"
The code amendment would not create a need for additional
recreational services nor impact the existing services.
Exhibit A - Initial Study Responses
Code Amendment 91-01
June 17, 1991
Page 8
Source: City of Tustin Municipal Code
City of Tustin General Plan
Mitigation/Monitoring Required: None required
21. CULTURAL RESOURCES
Item A through D - "No"
The code amendment would not result in any change or impact on
cultural resources as the code specifically addresses only
existing developed sites.
Source: City of Tustin General Plan
Mitigation/Monitoring Required: None required
22. MANDATORY FINDINGS
Item A through D - "No"
Based upon the responses to Questions 1 through 20 in this
initial study, the code amendment would not result in any
adverse environmental impacts. As previously stated, the
subsequent proposed public right -of ways project would require
review of site development plans by various agencies, services
and the Community Development Department. In this connection,
separate environmental review of the site specific plans would
be required as part of the City's Design Review process and in
accordance with CEQA.
Source: All sources listed in Questions 1 through 20 of
this study
City of Tustin Municipal Code
City of Tustin General Plan
MitiaationlMonitoring Required: None required