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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2i 2E 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 it 1 aX � 1 = 1 / a'• I �£ � i ' � W 2 OD IrN I , 1 11• _� It VA cozz f F- tI F7 a s ' � 1'-'•• 4 l�:a iaa _: (7 fag ��=- • s �: ss� �a- • _ •'• 1 . •. _ a psi _ 4r atsa 'far" __ •'t• ts- Ism 1 1 ISO.3 1 1 1 a� , . wt 7r� � a••a1 L J 0 ,R $ p ; W (n9 • a to 0- t i 10C r i �— Zrow c r . i Isjia.of ora 410 a U � I Jill ��s� t_ c t c o m 04 `1 E - ,t Q 1 ti j iale o �t: LI) A aO sl_ h w • aw r s ii.i a Q ••••� . . ••••. 3 J /� �i Z 1jM • W U) LL � .•nom a'n� .n� a7 0. �R O V • •.n. a N v Z_ rZ } __zj O h- 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 r.•.r}vxwrr: r:.v,;r WM:zMIM*'4R MEN" : .• �':C�% 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 rsw C J 1 •• �� I � \ O j 1 ' W2 cl) ~S jj0. 1 � Y O i i a s z J Ix • 1 � , 1 I� ` N W �- ul • t • -- � 11 � ; Q W � _ �% 1 1 � 5.a _ $! 1 Sil .� "H. !. z - 1 S. 5! "r: ! • i .., ♦ wry ' rbCx ECSC 14V 1 Fss a t—• ; 1 - cf) J •r. alid • ` d cc p � co (n co It i t� t • T ' �f r W I • ,•j I _ 44 4 .i d �i Z ZZ Q o- w EL) x a -r- elly •�- sI HEO F- I ON U • ; A7 LLA 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 - .. ..WL 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 II' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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