Loading...
HomeMy WebLinkAboutORD FOR INTRODUCTION 11-... (2)ZM _ - rOWN DATE: TO: FROM: SUBJECT: NOVEMBER 51 1990 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT ORDINANCE NO. 1052 RECOMMENDATION r ?NANCES FOR INTRODUCTION NO. 2 -90 Inter - Com To waive further reading and hold first reading of Ordinance No. 1052, by title only and with exhibits as proposed or revised. BACKGROUND The City Council at their regular meeting of October 15, 1990 approved General Plan Amendment 90-02 for 7.86 acres located in the vicinity of Newport and Warren Avenues and recently annexed to the City of Tustin (Annexation 149). The General Plan Amendment designated the subject properties within the Planned Community land use designation on the City's Land Use Plan. In conjunction with the approved General Plan Amendment, the City Council also considered Zone Change 90-03 (Ordinance 1052), a proposed zoning of the properties to the corresponding PC (Planned Community) zoning district and adoption of the Newport/Warren Planned Community regulations. The (Planned Community) zoning district as recommended by the Planning Commission was proposed to provide consistency with the Planned Community General Plan designation proposed for the site since state law requires that zoning provisions be consistent with a General Plan. In discussing the proposed zone change and particularly the Newport -Warren Planned Community regulations, the City Council could not reach consensus. The contrasting positions in the City Council's October 15th discussion follows, with an analysis provided of each: 1. Maintain the Newport -Warren Planned Community regulations as recommended by the Planning Commission. Considerable discussion occurred during the hearings on Annexation 149 about the City's desire to maintain consistency with the North Tustin Specific Plan. Accordingly, upon approving the Newport -Warren Annexation, the City Council gave specific direction for preparation of a General Plan amendment City Council Report Ordinance No. 1052 November 5, 1990 I Page 2 and Zone Change that would establish consistency with the North Tustin Specific Plan. The Newport -Warren Planned Community regulations were also prepared to reflect development parameters as discussed in the North Tustin Specific Plan. 2. Modify the Newport Warren Planned Community regulations as follows: Raise the maximum permitted building height for all uses to a maximum of 35 feet and reduce the required rear yard setbacks to a minimum of 10 feet. It was felt by two members of the City Council that development standards of the Newport -Warren Planned Community should be as close as possible to standards found in conventional commercial and office districts in Tustin. A majority of the City's commercial Zoning Districts permit building heights of two stories or 35 feet and minimum rear yard setbacks of ten feet or less (if buildings are only one story). A 15 foot rear yard is required in the C -G zone when the rear of a property abuts a single family district. Building height restrictions and setback requirements proposed in the Newport -Warren regulation are an exact replication of provisions contained in the North Tustin Specific Plan. The provisions were designed to provide mitigation including adequate buffering and separation of uses between potential commercial uses and single family residential uses to the west. The Newport -Warren Planned Community regulations contain two specific land use designations - residential single family garden office (RSF-GO) and garden office (GO). The RSF-GO designation permits both residential single family use and garden offices with varying development standards for each use. The garden office designation is intended to provide for exclusive development of professional and administrative office. A summary of height and rear yard setbacks that would be affected as compared to the Planning Commission's recommendation within each land use designation in the Newport -Warren PC regulations is attached as Attachment I. In reviewing the counter proposal on building height and reduction of building setback, the proposed two-story 35 foot maximum building height would only impact conditional uses in the RSF-GO land use category. Since permitted uses are authorized in this district at 35 feet, no direct additional aesthetic impacts would necessarily occur from a conditional use. Proposed PC standards Community Development Department City Council Report Ordinance No. 1052 November 51 1990 I Page 3 would continue to prohibit a direct line of sight to adjacent residential properties, require landscape buffering and architectural compatibility with surrounding uses including incorporation of sloping roof treatments. In reviewing the proposed reduction in rear yard setbacks to ten feet, the issues are perhaps more substantive related to ensuring adequate buffering and separation between land uses. If there is lack of consensus on the counter proposal by the City Council, one potential alternative would be consideration, at the pleasure of the Council, of a reduced setback which would perhaps be less dramatic (ie: 20 feet). Changes to the document to reflect this potential compromise and changes to maximum building height have been completed and asterisked on the right side of the document. In the event the City Council should reach consensus on any modifications to the Newport -Warren Planned Community, staff would recommend preparation of a revised Negative Declaration for the project which would need to be certified prior to final adoption of Ordinance 1052 (at second reading). Christine Shinglet Director of Community Development CAS:kf/ord1052.cas Community Development Department BUILDING HEIGHT Planning Commission Recommendation: -Permitted Uses -Conditional Uses (Counter Proposal: -Permitted Uses -Conditional Uses REAR YARD SETBACK Planning Commission Recommendation: -Permitted Uses -Conditional Uses Counter Proposal: -Permitted Uses ATTACHMENT I COMPARISON OF BUILDING HEIGHT AND REAR YARD SETBACK STANDARDS PROPOSED IN THE NEWPORT -WARREN PLANNED COMMUNITY REGULATIONS RSF-GO X61 35' 2 -stories not to exceed 35' with 451authorized on lots 13, 14, 15, 16 and 17 2 stories not to exceed 28' 2 -stories not to exceed 35' with 451authorized on lots 13, 14, 15, 16 and 17 35' 2 -stories not to exceed 35' with 451authorized on lots 13, 14, 15, 16 and 17 35' 2 -stories not to exceed 35' with 451authorized on lots 13, 14, 15, 16 and 17 25' 25' except building in excess of 18' require 45' when abutting a single family district 25' except buildings in excess of 18' require 451when abutting a single family district 10' 25' except building in excess of 18' require 45' when abutting a single family district 10' -Conditional Use 1 10' 1 10' RECEIVED OCT 2 3 1990 'V 1STRATION MAYOR RICHARD EDGAR TUSTIN CITY COUNCIL 300 CENTENNIAL WAY TUSTIN, CALIFORNIA SUBJECT: ZONE CHANGE 90-03 AND 90-20 OCT. 16,1990 HARRY KAY 18672 EUNICE TUSTIN, CALIF (714) 838-5088 FYI THIS LETTER IS WRITTEN TO INFORM YOU OF MY CONCERNS REGARDING YOUR DECISIONS TO ACCEPT OR CHANGE THE PREVIOUSLY ZONED NORTH TUSTIN SPECIFIC PLAN FOR THIS AREA. I AM THE OWNER OF THE PROPERTY THAT BACKS UP TO THE UNDEVELOPED LAND ON NEWPORT BLVD. I WILL BE DIRECTLY IMPACTED BY ANY DECISION YOU MAKE ON THE FUTURE ZONING FOR THIS AREA. I WAS AT CITY COUNCIL AS WELL AS THE LAFCO MEETING REGARDING THESE PROPERTIES WHEN YOU PROMISED TO UPHOLD THE NORTH TUSTIN SPECIFIC PLAN IN THIS CURRENT ANNEXATION. I HAVE READ THAT YOU HAVE SAID YOU DO NOT HAVE TO LISTEN TO NON-TUSTIN RESIDENTS WHEN YOU MAKE YOUR DECISIONS ON THIS MATTER. SINCE THE ONLY THING THAT KEEPS ME FROM BEING A TRUE RESIDENT OF TUSTIN IS MY 4 INCH BLOCK WALL I FEEL THAT I SHOULD HAVE THE OPPORTUNITY TO BE HEARD ON THIS MATTER. I HAVE TALKED TO MR. ROSS CORTESE, THE OWNER OF THE PROPERTY ON NEWPORT BLVD., AND I HAVE HAD A CHANCE TO REVIEW HIS CURRENT PLANS FOR PROPERTY. I LOOK FORWARD TO HAVING SOMETHING BUILT BEHIND MY PROPERTY THAT WILL BE BOTH BEAUTIFUL AND BENEFICIAL FOR THE COMMUNITY. THE PLANS AND DRAWINGS I HAVE SEEN SEEM TO FULFILL THIS WISH WITH SOME MODIFICATIONS. I HAVE DISCUSSED THESE WITH MR. CORTESE AND HE SEEMS TO BE AGREEABLE TO MOST OF THEM, HOWEVER, IT IS YOUR ZONING DECISIONS THAT WILL SET THE STANDARDS FOR THIS PROPERTY WHETHER IT IS DEVELOPED BY MR. CORTESE OR ANOTHER OWNER. MY CURRENT CONCERNS ARE: 1. THE SET BACK OF THE BUILDING AT ONLY 25 FEET FROM THE PROPERTY LINE FOR THE SECOND STORY WILL NOT PROTECT MY PRIVACY FROM ANY LINE OF SIGHT. MOVING THE PROPERTY FORWARD CLOSER TO THE STREET WILL PROTECT MY RIGHT TO PRIVACY. I DO NOT WISH MY PROPERTY TO BE LIKE ONE ON THE CORNER OF HOLT AND IRVINE WHERE THE HOME FEDERAL OFFICE IS. YOUR LAST MINUTE REQUEST TO FURTHER CHANGE THE SET BACK REQUIREMENTS IS INCONSISTENT WITH THE PROMISES THAT YOU MADE TO ME AND ALL OF TUSTIN. I KNOW THAT MR PRESCOTT IS A PROPERTY OWNER IN THE IMMEDIATE AREA AND THESE DECISIONS DIRECTLY EFFECT HIM AND THAT IS WHY HE WAS SO QUICK TO SUPPORT YOUR MOVE. I HOPE YOU TAKE THE TIME TO RECONSIDER THE NEIGHBORS AND THE PROMISES YOU HAVE MADE WHEN YOU RETURN TO REVIEW THIS MATTER IN NOVEMBER 2. I WOULD LIKE TO HAVE A 7 FOOT HIGH BLOCK WALL (MEASURED FROM MY SIDE) ON THE PROPERTY LINE. 3. I WOULD LIKE TO SEE A PARKING BUFFER WITH FULL GROWN TREES THAT RUNS ALONG THE BACK SIDE OF THE PROPERTY. MOVING THE PROPERTY UP WOULD ALLOW THE PARKING BUFFER TO BE LARGER THAN THE CURRENTLY PLANNED 3 FOOT WIDTH. 4. A PLANNED GARAGE AT THE BACK OF THE PROPERTY SHOULD NOT BE SO CLOSE THAT IT WOULD ALLOW ACCESS TO MY PROPERTY. I WOULD APPRECIATE THAT WHEN THIS ZONING ISSUE IS REVIEWED THAT YOU ALSO TAKE INTO CONSIDERATION MY PROPERTY AND MY' FAMILIES RIGHT TO ENJOY OUR PRIVACY.. TH YOU, HARRY 1 2 3 4 5 6I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 90-03 TO ZONE PROPERTY LOCATED ON 7.826 ACRES IN THE VICINITY OF NEWPORT AND WARREN AVENUES TO PC (PLANNED COMMUNITY). THE APPLICANT FOR THIS ZONE CHANGE IS THE CITY OF TUSTIN. The City Council of the City of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: A. That this zone change has been reviewed and is in accordance with the California Environmental Quality Act. iIII. B. That a public hearing was duly noticed, called and held on said application by the Planning Commission on September 10, 1990 and October 10, 1990, and by the City Council on October 15, 1990. C. That a zone change should be granted for the following reasons: 1. The proposed Planned Community Zoning District is consistent with all elements of the General Plan and in particular, the Land Use Element which is being amended concurrently with the rezoning of the Planned Community Zoning Designation and development standards allowing for compatible uses and orderly development in the neighborhood. 2. The proposed zoning is in the best interest of the public health, safety, and welfare of the surrounding neighborhood and property owners in that maximum allowed density and development standards are established which ensure land use compatibility between existing and adjacent residential and office uses. The City Council hereby approves of Zone Change 90-03 rezoning certain property located in the vicinity of Newport Avenues and Warren Avenues within the PC (Planned Community) District as shown on Exhibit A and also adopts Planned Community Regulations as part of the Zone Change. These regulations are known as the Newport - Warren Planned Community Regulations and are attached hereto as Exhibit B and incorporated herein by reference. 1 2 3 4 J 6' 7 8 9 10 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 26 26 27 28 Ordinance No. 1052 Page 2 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the day of , 1990. MARY WYNN City Clerk RICHARD EDGAR Mayor Cent ZONE CHANGE 90-03 A ZONE CHANGE OF UNCLASSI- FIED PROPERTIES TO PC (PLANNED COMMUNITY). ewport Avenue T-X'IYII)Y'i- 11 j111 PC (PLANNED COMMUNITY) 0 NOTTO SCALE: EXHIBIT B NEWPORT - WARREN PLANNED COMNJUNrFY REGUILATIONS Prepared by CITY OF TUSTIN CONVAUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way Tustin, California 92680 (714) 544-8890 Adopted by the Tustin City Council on NEWPORT - WARREN PLANNED COMMUNITY REGULATIONS Prepared by CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 CENTENNIAL WAY TUSTIN, CALIFORNIA 92680 (714)544-8890 Adopted By City Council on CITY OF TUSTIN NEWPORT - WARREN PLANNED COMMUNITY REGULATIONS TABLE OF CONTENTS Page Number 1.0 Introduction 1 2.0 Statistical Summary/Land Use Designations 1 3.0 Residential Single Family - Garden Office (RSF-GO) 1 3.1 Residential Single Family - Garden Office 1 3.2 Garden Office 6 3.3 General Regulations 9 3.4 Design Guidelines and Standards 14 4.0 Implementation/Administration 20 4.1 Responsibility 20 4.2 Interpretations 20 4.3 Development Processing 21 4.4 Site Plan Review 21 4.5 Subdivision 21 4.6 Variances, Conditional Permits, Use 21 Determinations, and Temporary Uses 4.7 Minor Modifications/Adjustments 22 i doc: 10/8/90 Newport - Warren Planned Community Page 1 1.0 INTRODUCTION The regulations set forth in this ordinance for the Newport - Warren Planned Community District have been established to satisfy the Planned Community Regulations of the Tustin City Code and to provide for diversification of the relationships of buildings, structures and open spaces in planned building groups. The application of these regulations is specifically intended to encourage the appropriate use of land, create a harmonious relationship among residential land uses and garden offices and the existing communities, protect the health, safety and general welfare of the community and provide the flexibility needed to create a quality environment. Development within the Newport - Warren Planned Community shall occur pursuant to these Planned Community Regulations. 2.0 STATISTICAL SUMMARYILAND USE DESIGNATIONS There are two separate land use categories provided within the Newport - Warren Planned Community. Land use designations are shown on Exhibit 1 with a statistical summary of parcels within each land use designation shown in Table 1. 3.0 RESIDENTIAL SINGLE FAMILY - GARDEN OFFICE (RSF-GO) The land use and development regulations section acts as a principal part of the controlling mechanism for implementation of The Planned Community District designation on the Newport - Warren area. Standards set forth in this section will ensure that future development within the Newport - Warren Planned Community proceeds in a consistent and appropriate manner. Future review of subdivisions and site plans by the City of Tustin will provide assurance that these standards are realized. 3.1 RESIDENTIAL SINGLE FAMILY - GARDEN OFFICE (RSF - GO) A. Purpose and Intent The RSF - GO designation is a designation that permits both residential and garden office uses with varying development standards for each use. The RSF portion of the land use designation is intended to create, preserve and enhance neighborhoods where permanent, one household, residential uses are predominant. The detached dwellings and large private yards of the RSF area allows for maximum privacy where PLANNED COMMUNITY DEVELOPMENT EXHIBIT 1 Page 2o,, Parcel Index Lot No. Assessor's Parcel No. 1 401-191-30 2 401-191-31 3 401-191-29 4 401-181-22 5 401-181-51 6 401-181-52 7 401-211-35 8 401-211-36 9 401-211-69 10 401-211-67 11 401-211-65 12 401-211-57 13 401-211-64 14 401-211-59 15 401-211-53 16 401-211-21 17 401-211-15 NOT "r0 SCALE BASE DISTRICT GO 45 MAXIMUM HEIGHT LIMIIT LEGEND ••••• Residential Single Family -Garden Office Garden Office �. GO GO 35 45 NOT "r0 SCALE BASE DISTRICT GO 45 MAXIMUM HEIGHT LIMIIT - Newport - Warren Planned Community Page 2 TABLE 1 STATISTICAL SUMMARY* Land use Category Residential Single Family -Garden Office (RSF-GO) Approximate Gross Acres AP. no. 401-191-30 .17 AP. no. 401-191-31 .13 AP. no. 401-191-29 .45 AP. no. 401-181-22 .30 Garden Office (RGO) AP. no. 401-181-51 •42 AP. no. 401-181-52 .43 -- AP. no. 401-211-35 .14 AP. no. 401-211-36 .16 AP. no. 401-211-69 .31 AP. no. 401-211-67 .44 AP. no. 401-211-65 •37 AP. no. 401-211-57 .37 AP. no. 401-211-64 .03 AP. no. 401-211-59 .13 AP. no. 401-211-53 .68 AP. no. 401-211-21 .19 AP. no. 401-221-15 .88 *Approximately 1.11 acres of annexation area is street Newport - Warren Planned Community Page 3 desired, and opportunities for outdoor living. Only those additional uses are permitted as outright uses that are complimentary to, and can exist in harmony with, such a single-family residential neighborhood. The garden office portion of the land use designation provides a method whereby residential property may be used for garden office use with low traffic generation if uses and structures are in compliance with specific site development provisions and requirements for coordinating vehicular access and on site circulation prohibiting direct line of sight into adjoining buildings so that a residential character is achieved which is compatible with adjoining residential properties. However such uses are not outright uses but only permitted subject to a conditional use permit and special development standards for such uses. B. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right as a principal use in the RSF-GO land use designation where the symbol "P" occurs, by conditional use permit where the symbol "C" occurs, by temporary use permit where the symbol "T" occurs and by accessory use where the symbol "A" occurs provided said accessory uses are found to be customarily associated with and subordinate to a permitted use. 1. One single-family detached dwelling per building P site. 2. Public parks and playgrounds. P 3. Riding and hiking trails. P 4. Community care facilities or small -family day P care homes, serving 6 or fewer persons. 5. Large family day care homes serving 7 to 12 P shall be allowed as permitted uses in those areas designated for single-family residential land uses subject to all standards for such uses contained in the R-1 District of the Tustin City Code. 6. Apiaries. C 7. Churches, temples and other places of worship with a minimum site area of 40,000 square feet. C 8. Educational institutions. C 9. Professional offices for: C a. Accountants b. Attorneys C. Engineers, architects, surveyors and planners 10. Advertising agency offices. C 11. Insurance agents. C Newport - Warren Planned Community Page 4 12. Telephone answering services. C 13. Travel agencies. C 14. Typing and addressing services. C 15. Stockbroker offices. C 16. Escrow offices. C 17. Secretarial services. C 18. Real estate offices. C 19. Model homes, temporary real estate offices and T related signs with subdivisions. 20. Temporary use of mobile home residence during T construction of a new building on the same building site. 21. Continued use of an existing building during T construction of a new building on the same building site. 22. Garages and carports. A 23. Swimming pools. A 24. Fences and walls. A 25. Signs A 26. Noncommercial keeping of pets and animals per A the limitations of the Tustin City Code. 27. Home occupations. A 28. Guest houses [one (1) per building site] in A conformance with the setback regulations for the main residential building. C. Unlisted Use Those uses not specifically listed are subject to a determination by the Planning Commission as either permitted, conditionally permitted or prohibited consistent with the purpose of the RSF-GO designation. Decisions of the Commission are appealable to the City Council. D. Site Development Standards 1. Principal Permitted Uses a. Minimum building site area - 10,000 square feet. b. Minimum building yard setbacks: 1) Front yard - 20 FEET. 2 ) Rear yard - 25 feet. 3) Side yard setback - 10% of the average ultimate net width of the building site to a maximum of 20 feet. 4) On a panhandle building site the minimum setback from any property line shall be 10 feet. Newport - Warren Planned Community Page 5 C. Maximum building site coverage - 50%. d. Building height - 2 stories not to exceed 35 feet. 2. Conditionally Permitted Uses a. Minimum building site area - 25,000 net square f eet . b. Maximum building site coverage: 30%. C. Maximum building height - 2 stories not to exceed 35 feet. d. Minimum building site width: 100 feet. e. Minimum building yard setbacks 15 feet with a 20 foot average: 1) front yard: 15 feet with a 20 foot average 2) side yard setback: a) 10 feet from any ultimate right-of- way, unless otherwise specified herein. b) 5 feet from any abutting garden office land use designation. C) 15 feet from any residential single family district. Any main building or portion thereof in excess of 18 feet in height shall be setback 45 feet from any abutting residential single family district. 3) rear yard - 20 feet. f. Vehicular access standards: a vehicular access plan shall be provided for any conditional use permit for a professional office or administrative use and such plan shall be approved -by the Planning Commission. The vehicular access plan shall be in substantial conformity with the following: For assessor parcels 401-191-29, 401-191-30, 401-191-31, and 401-191-22 a maximum of 2 access driveways or street openings to Newport Avenue will be permitted for the entire group. A minimum of 150 feet, measured center to center, shall be maintained between these openings to any other street opening. Each approved use permit shall include a condition for a recorded reciprocal ingress - egress easement along interior property lines with Newport - Warren Planned Community Page 6 adjoining properties permitted to be in professional office or administrative use in the RSF-GO land use designation and an irrevocable offer of dedication of vehicular access rights in compliance with the Vehicle Access Plan of the approved use permit prior to issuance. 3. General Regulations: Other general regulations and standards applicable to all land use designations are provided in Section 3.3 of this document. 3.2 GARDEN OFFICE (GO) A. Purpose and Intent The GO land use designation is intended to provide areas for the development of professional and administrative offices and related uses in locations in close proximity to residential areas. Development of properties in the GO designation create a suitable environment for professional and administrative uses including office buildings of a residential appearance especially designed for such uses with low traffic generation, located on sites large enough to provide room for landscaped open space, off-street parking facilities and buffering of abutting residential areas. B. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right as a principal use in the GO land use designation where the symbol "P" occurs, by conditional use permit where the symbol "C" occurs, by temporary use permit where the symbol "T" occurs and by accessory use where the symbol "A" occurs provided said accessory uses are found to be customarily associated with and subordinate to a permitted use. 1. Public and private utility buildings P and structures. 2. Professional offices for: P a. Accountants. b. Attorneys. C. Engineers, architects, surveyors and planners. d. Doctors, dentists, optometrists, oculists, chiropractor and other licensed by the State of California to practice the healing arts, Newport - Warren Planned Community Page 7 but not including veterinary hospitals for overnight animal care. e. Other professional services requiring state licensing or certification. 3. Advertising agency offices. P 4. Insurance agents. P 5. Studio for interior decorators, P photographers, tailors, seamstresses, artists and draftsmen. 6. Telephone answering services. P 7. Travel agencies. P 8. Typing and addressing services. P 9. Stockbroker offices. P 10. Escrow offices. P 11. Secretarial services. P 12. Real estate offices. P 13. Fences and walls. A 14. Signs. A C. Unlisted Uses Those uses not specifically listed are subject to a determination by the Planning Commission as whether permitted, conditionally permitted or prohibited consistent with the purpose of GO land use designation decisions of the Planning Commission are appealable to the Planning Commission. D. Site Development Standards 1. Minimum building site area - 10,000 net square feet. 2. Maximum building site coverage - 35%. 3. Maximum building height - 2 stories not to exceed 35 feet except as noted on Exhibit 1. 4. Minimum building site width - 75 feet. 5. Minimum building yard setbacks: a. Front yard setback: 15 feet minimum with an average of 20 feet. b. Side yard: 1) 10 feet from any ultimate right-of-way line, unless otherwise specified herein. 2) 5 feet from any abutting Garden Office land use designation. 3) 15 feet from any residential single family district or the Residential Single -Family Garden Office land use designation developed with residential uses. Any main building or portion thereof in excess of 18 feet in height Newport - Warren Planned Community Page 8 shall be setback a minimum 25 feet from an abutting Residential Single -Family - General Office (RSF-GO) land use designation developed with residential land use or a residential single family district. C. Rear yard setback: 20 feet. 6. Vehicle Access Standards A vehicular access plan shall be provided and such plan shall be approved by the Community Development Department in conjunction with design review for a project. The Vehicular Access Plan shall be in substantial conformity with the following: a. The first street opening from an intersection shall be a minimum of 150 feet from the point of intersection of the ultimate right-of-way lines of the abutting streets. b. Any additional street openings shall be a minimum of 300 feet, front center to center, from any other street opening. C. Any access driveway, parking aisle, or private roadway shall not be closer than 10 feet to the boundary of a residential district. d. No street opening shall be permitted within the southern frontage of Warren Avenue. Reciprocal ingress and egress easements shall be established where needed to permit access to Newport Avenue for those parcels with legal access to Warren. At the time of approval of the vehicular access detail plan, said parcels shall submit to the City of Tustin an irrevocable offer of dedication of vehicular access right to Warren Avenue. The vehicular access detail plan shall be submitted to the Community Development Director for approval prior the issuance of a building permit or grading permit. The Director shall weigh each application on its merits and may grant a modification of any of the above guidelines if it is found that the efficiency of the arterial highway system will be maintained and that conditions or terrain indicate it is impractical or inadvisable to comply with the requirements, or if these requirements will create or result in undue hardship to the abutting property. Newport - Warren Planned Community Page 9 7. General Regulations Other general regulations and standards applicable to all land use designation are provided in Section 3.3 of this document. 3.3 GENERAL REGULATIONS A. Limitation on Uses - The following limitations shall apply to all uses: 1. All uses shall be conducted within a completely enclosed building, except for off-street parking, loading and temporary uses. 2. No overnight parking of vehicles other than those used in conjunction with a permitted use shall be permitted. 3. Storage shall be permitted only with an entirely enclosed structure, and shall be limited to accessory storage of commodities sold or utilized in the conduct of a permitted use on the premises. B. Off -Street Parking Requirements 1. Basic Regulations a. New Uses - Off-street parking shall be provided for any new building constructed and for any new use established; for any addition or enlargement of an existing building or use; and for any change in the occupancy of any building or the manner in which any use is conducted that would result in additional parking spaces being required. b. Maintenance - All required off-street parking spaces shall be available permanently and marked and maintained permanently for parking purposes. Off-street parking areas shall not be used for the sale display or repair of motor vehicles or re -striping of parking areas shall not change the configuration, size or location of parking spaces and landscaping unless approved by the Community Development Department. 2. Parking Spaces Required a. All uses shall provide off-street parking in accordance with Table 2. The requirement for any use not listed specifically shall be determined by the Community Development Newport - Warren Planned Community Page 10 Director on the basis of the requirements for similar uses. The number of handicap spaces shall be as required by the Uniform Building Code. b. Fraction of Parking Spaces - Where the application of the off-street parking requirements results in a fractional number of spaces then the fraction shall be rounded to the next higher whole number. c. Location of Parking Spaces - All required off- street parking spaces shall be located on the same lot as the use to be served. d. Restricting the Use of Parking Spaces - All required parking spaces shall be made available permanently for automobile parking not only for employees working at the premises for which parking is required. In the absence of prior approval from the Planning Department, it is unlawful for any owner, lessee, tenant or any person having control of the operation of any premises for which parking is required to prevent, prohibit or restrict authorized persons from using parking. e. All handicapped parking spaces shall be located as close as is practical to the entrance(s) to the use they are intended to serve, and oriented so that a user of the handicapped parking space does not have to go past the rear of automotive parking spaces in order to reach the buildings main entrance. f. Parking area dimensions, location, aisle width, access, etc., shall conform to City of Tustin parking standards on file in the Community Development Department. Newport - Warren Planned Community Page 11 TABLE 2 PARKING STANDARDS Use Churches, Parks, Playgrounds Of f ices Schools Single-family residence C. Mechanical Equipment Required Parking Spaces 1 per each 3 seats 1 per 250 square feet of gross floor area 1 per each staff member plus 1 loading space for each 8 children 2 car garage per dwelling Compressors, air conditioning units or similar mechanical equipment, located outside the exterior walls of any building shall comply with the following: 1. All such mechanical equipment shall be screened from view from any abutting street or highway and shall be enclosed. Location and architectural design of the enclosure shall be subject to design review. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of the buildings. 2. All such mechanical equipment shall be maintained in a clean and proper condition to prevent a collection of litter and filth and to avoid the emission of unnecessary noise, dust or fumes. D. Fences and Walls Fences, hedges and walls, not greater than 6 feet, 8 inches in height shall be permitted on or within all rear and side property lines on interior lots and on or to the rear of all front yard setback lines. No fence, wall or hedge over 3 feet in height shall be permitted in any required front yard, or in the required side yard on the street side of a front yard or in the required side yard on the street side of a reverse corner lot. All provisions of the Tustin City Code shall also apply to the construction of walls, fences and hedges. Newport - Warren Planned Community Page 12 E. Refuse Collection Areas for Office Pro-iects All outdoor refuse collection shall be screened visually from streets and highways. Collection areas shall be shielded from view within a building or enclosed by a wall not less than 6 feet in height. Said enclosures shall be designed consistent and to compliment main building materials. The city, during design review, may require accommodation of adequate on-site building facilities to encourage refuse recycling. Within the Garden Office (GO) land use designation, such trash areas shall not occur within the front or an exterior side yard or within 25 feet of an abutting residential district or land use designation. F. . Screening and Landscaping All projects ( other than single family residential) shall be subject to the following landscaping requirements: 1. A minimum of 15% [and 20% for cluster developments] of building site or project net area shall consist of trees, shrubs, vines, ground cover, or any combination thereof. Landscaped area shall not include buildings, paving, swimming pools, gravel or any other assemblage of building materials upon or over the land. 2. Existing mature trees shall be preserved and integrated into the landscape plan whenever possible. Existing mature trees which are removed shall be replaced t a minimum rate of specimens of 24 inch box size per 1 mature tree removed. 3. Boundary landscaping along primary and major arterial highways shall create a parkway appearance which softens/screens undesirable views. Street trees shall be randomly grouped to create an informal or natural character and be provided at a rate of not less than 1 24" box tree per 25 feet of road frontage and 6 five gallon shrubs per 25 lineal feet of street frontage or a combination of 3 - five gallon and 5 - one gallons shrubs shall be provided. 4. In the interest of public safety, street trees shall be planted a minimum of 25 feet from the beginning of curb returns at intersections and a minimum of 10 feet from street lights, fire hydrants and driveways. _ 5. Outdoor off-street parking areas shall be planted at a rate of 1 tree per 1,000 square feet of parking area surface and at a minimum of every - Newport - Warren Planned Community Page 13 fifth parking space in parking bays exceeding 10 spaces in length. 6. Street frontage landscaping shall also screen all parking areas in the general office designation or in office use from street view by use of evergreen plant materials in combination with on or more of the following. a. Wall: A wall of colored concrete, stone, brick, tile or similar type of solid masonry material a minimum of 4 inches thick and 3 feet high but no more than 3 1/2 feet high. b. Fences, solid: A solid fence of wood, masonry or other opaque material of at least 3 feet in height but not more than 3 1/2 feet high. C. Fences, open: An open weave or mesh fence combined with plant materials to form an opaque screen of at least 3 feet in height but not more than 3 1/2 feet high. d. Berm: An earthen berm used as a screen seeded with grass or other evergreen ground cover with a minimum height of 3 feet but not more than 3 1/2 feet in height. 7. Unless specified otherwise, all landscaping installation shall conform with the City of Tustin landscape guidelines and submittal requirements. 8. The required use permit or design review application shall include a landscape plan in compliance with the above requirements. 9. All front, side and rear street facing setback areas shall be fully landscaped with plant materials, with the exception of driveways and architectural features such as walks, sculpturing, ponds and decorative walks. 10. Except where landscaping is included on the side or rear yard parking area, provide in the perimeter one 15 gallon size tree and 5 gallon - five gallon shrubs for every 30 lineal feet of property line. 11. Provide turf or ground cover in private parkways and in perimeter landscaping. (Exception: Where there are private parkways or perimeter landscaping near street curb.) 12. Interior Landscaping a. For office development, provide one tree per 250 square feet of landscaped are. b. Provide landscaping adjacent to structures on site including one 15 gallon tree for every 30 lineal feet of exterior wall. (Need not be spaced at 30 feet off center.) Newport - Warren Planned Community Page 14 C. Along fences or walls, including refuse storage and equipment areas, provide landscape screening with shrubs, and or vines and trees. 13. Parking Lot Landscaping a. At least 50 of any parking lot area and any additional portion not actually used for movement and parking of vehicles shall be landscaped with trees, shrubs and ground cover. b. Any perimeter parking lot trees shall be planted in a planter of sufficient width to provide 2 1/2 feet minimum clearance for vehicle overhang. G. Buffering from Residential Areas Development of any project other than single family residential shall be subject to the following requirements where an interior property line abuts a residential district or land use designation. 1. Provide and maintain a landscape buffer at least 8 feet wide. Landscape materials within the buffer shall include trees and shrubs. Trees shall be spaced a maximum of 20 feet on center and create an opaque screen above the wall within 24 months from initial installation. Shrubs shall achieve a mature height of between 2 and 6 feet. 2. Masonry walls a minimum of 6 feet, 8 inches in height shall be installed along site boundaries. H. Signage Signage within the Newport - Warren Planned Community shall be subject to provisions of the Tustin Sign Code. I. Lighting All lighting shall be designed and located so as to confine direct rays to the premise. 3.4 DESIGN GUIDELINES AND STANDARDS The Design guidelines and standards are part of the site development review procedures and development standards. For developers preparing development proposals and City of Tustin officials reviewing those proposals, the guidelines and standards provide a framework for achieving design Newport - Warren Planned Community Page 15 compatibility between proposed projects and existing community character. The guidelines, therefore, represent a specific set of additional criteria for the design of projects and their subsequent evaluation. In addition to general design review findings required in the Tustin City Code and requirements contained in the Land Use and Development Regulation Section of this document, development plans shall be reviewed for compliance with the following guidelines. Some standards contained in this section are intended to be as directives and shall be implemented according to language contained herein (ie., "shall", "prohibited"). Other standards are guidelines and intended to guide and not restrict creative solutions. A. Plant Materials 1. Repetitious use of like plant materials to create unity throughout the planned community is preferred to an exhaustive plant pallet. 2. Use of broad leaf trees with architectural canopies is encouraged. 3. landscape materials should be drought tolerant and as low maintenance as possible. Drought tolerant shall include plants, which when established, require watering no more frequently than once every two or three weeks. 4. All shrubs should vary container size between one (1) gallon and five ( 5 ) gallons. 5. Required landscaping shall be maintained in a neat, clean, and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plants. B. Site Development 1. Deciduous trees should be used in south facing outdoor areas around buildings to provide solar access during winter months, while providing shade in hot summer months. 2. Trees and shrubs on west sides of buildings should be concentrated to reduce heat build-up during hot afternoon hours. 3. An irrigation system is required in all landscaped areas to ensure all plantings are adequately watered. Systems installed should be automatic whenever possible and designed for efficiency of water use. 4. Irrigation controls, valves and backflow preventers should be hidden in shrub areas whenever possible. Newport - Warren Planned Community Page 16 5. Utility lines and apparatus should be placed underground. 6. Landscape plans should incorporate various site elements. Outdoor lighting, signing, trash receptacles, fencing, etc. should be carefully considered as integral elements of the landscape, and should be included in and shown on all landscape plans. 7. No landscape improvements shall be placed so as to obstruct the vision of drivers and/or pedestrians. C. Streetscape 1. Landscaping of setbacks along primary, major and secondary arterials should create a parkway appearance which compliments the architectural elements of the site design and includes a street tree program to soften and screen undesirable views. 2. Street trees located on the parkways along Newport Avenue and 17th Street should be clustered or randomly spaced to create an informal or natural character. 3. Parkway underplantings should consist of low profile ground cover extending to a fence or wall with shrub mounding in groupings to soften wall forms. As an alternative berms not less than 3 feet nor more than 3 1/2 feet may be used either independently or in conjunction with low walls conforming to the same height limitation. 4. Wherever possible, bikeway right-of-way shall be accommodated outside of the roadway within the parkway area. D. Landscape Buffers 1. Landscape buffers are to be provided in conjunction with a solid wall constructed of material which is compatible with the architecture of the main buildings. (Wood fences must be insulated for noise in order to be considered as meeting the intent of this guideline.) 2. Landscape materials within the buffer shall include trees and shrubs. Low ground covers are discouraged. E. Walls and Barriers These guidelines shall be used to ensure walls or other barriers are built as an integral element of new development. Walls or other barriers should be used for Newport - Warren Planned Community Page 17 noise attenuation or visual screening when these purposes cannot be achieved through building design and siting. 1. To maintain a suburban character, use of walls or other noise or visual barriers developed within or along required setbacks from public rights-of-way should be developed as an integral architectural element of the buildings, for example, around a private patio, courtyard or similar exterior space. 2. Walls and barriers should be designed to be compatible with like facilities on adjoining properties. 3. Walls and barriers should be developed in conjunction with plant materials as described in the preceding guidelines. 4. Walls and barriers in combination with plant materials shall serve to prevent direct line of sight between uses of different intensity when this purpose cannot be accomplished through building siting and design. F. Parkina Facilities and Access Driveways These guidelines shall be applied in evaluating professional office developments. Their purpose is to make parking facilities as unobtrusive a part of the landscape as possible. 1. Subterranean parking enclosed on two or three sides is strongly encouraged for professional office developments in order to avoid broad expanses of paved ground devoted to surface parking. Broad expanses of pave ground are not considered in keeping with the area's residential character. 2. A raised curb, bumpers or tire stops shall be provided in all parking lot areas abutting a sidewalk, street, building or alley. 3. off-street parking.facilities shall be designed so that a car within a facility will not have to enter a street to move from one location to any other location within the same parking facility. Parking facilities within contiguous parcels designated for professional office use shall be considered as having the same parking facility even though they may be developed independently and at different times. Floating easements should be established or a master parking plan prepared as part of the initial development in order to ensure compliance with this guideline. 4. Parking facilities shall be designed in such a manner that any vehicle on the property will be Newport - Warren Planned Community Page 18 able to maneuver as necessary so that it may exit from the property traveling in a forward direction. 5. All parking spaces shall be clearly outlined on the surface of the parking facility. 6. The costs of providing landscaping and/or other means of structural screening should be considered as necessary costs of the parking facility; rather than elective, and therefore, discardable cosmetic effects. 7. Generally, off-street parking facilities should be located to the rear of sites. Street frontages should be devoted to building architecture and landscaping as is characteristic of residential uses. 8. To be compatible with the area's residential character, lighting standards in parking areas should not exceed 10 feet in height. 9. Lighting for parking areas shall be designed to confine direct rays to the site. Care should be taken to avoid indirect or inadvertent illumination of abutting residential uses. G. Architectural Character The following architectural guidelines provide a framework for establishing an architectural character throughout the specific plan area which reflects the existing small estate residential character. Creativity in achieving residential character on an individual project basis is encouraged. The guidelines are applicable to nonresidential developments and residential projects of greater density than the existing small estate neighborhoods. 1. New professional office buildings should be sympathetic to the residential small estate architectural theme of the area as characterized by building bulk, height, roof design and setbacks. 2. Architectural elevations from arterial and collector streets should a achieve a single-family residential character through architectural design and control of building bulk, setbacks and spacing of buildings. 3. Two-story structures should avoid a bulky or boxy appearance which results from flat vertical building plains. Use of irregular or stepped facade depth, change in wall and roof hip direction and other techniques is encouraged as a means of reducing the apparent building bulk. 4. Use of partially or totally enclosed patios and balconies to provide a residential character is Newport - Warren Planned Community Page 19 encouraged. The height and materials used for the enclosure should be varied to provide interest. 5. Plazas, courtyards and arcades scaled for pedestrian use are encouraged as part of professional office developments. Such spaces should be designed and oriented to separate or appear to separate potentially long or massive building into distinct structures of a residential scale and character. 6. Varying the height of portions of the building so that it appears to be divided into distinct units is encouraged. 7. All roof equipment and rubbish collection units shall be screened from view. The screening material shall be in harmony with building lines, materials and color. When possible, mechanical equipment typically located on the roof should be enclosed within the building attic (pitched roof), located at grade and screened from view, or located below grade when accessible from subterranean parking facilities. 8. Subdued colors or earth tones characteristic of existing residential neighborhoods are encouraged. 9. Exterior building materials shall achieve a residential character. Buildings constructed of metal or concrete with very extensive glass walls are not considered residential in character. 10. Continuous flat roofs and mansard roofs are discouraged. Peaked roofs such as gable, hip or shed roofs are appropriate for the desired character. Variety in roof design within each building is encouraged. Roofs shall have a minimum pitch of 1 foot of rise to 3 feet of run and shall have a maximum pitch of 1 foot of rise to 1 foot of run 11. The reflectivity of all exposed surfaces (walls, roofs, windows, frames, and paved surfaces) should be mitigated by such devices as overhangs, awnings, trellises, plantings and similar features. 12. Direct line of sight views from the second story of a non-residential building into an adjacent residential district shall be avoided through sensitive building siting and design. Design solutions include, among others, no windows on walls facing residential uses, clear story windows on walls facing residential uses, skylights, opaque screens and setback of the second story. Building siting or second story design which orients the second story walls at an angle to the residential property line are also encouraged. Landscape materials may be used in combination with but not Newport - Warren Planned Community Page 20 as substitution for an architectural design solution 13. Architectural design should reflect an indoor/outdoor relationship, achieved by a high void to solid ratio, in order to take advantage of the conducive climate and create a residential character. 14. Buildings in the general office land use designation should be oriented towards the street perimeter. The buildings in combination with landscaping and site design features should be used to screen views of parking facilities from public streets. 15. Site design and architectural treatment of building site edges with neighboring residential uss should be sensitively treated in order to preserve the privacy of residents of both sites. 16. Building orientation should be sensitive to minimizing intrusion upon the privacy of users of adjacent properties either within buildings or exterior living spaces. H. Signs The following guidelines provide directions for the design and location of signs within the specific plan area. Because signs are not typically found in single- family residential communities, the objective of these guidelines is to ensure a very subdued appearance to those signs necessarily associated with professional office, commercial and certain residential developments. 1. Signs should be made of wood, aggregate, masonry or similar materials. Signs made of plastic, plexiglass or similar materials are in contrast the area's residential character and should be avoided. 2. Freestanding signs located within landscaped parkways along arterial streets should maintain a low profile. 4.0 IMPLEMENTATION/ADMINISTRATION 4.1 Responsibility The Department of Community Development shall be responsible for the administration and enforcement of provisions of these regulations. 4.2 Interpretations If ambiguity arises concerning the appropriate application of provisions contained in these regulations, the Director of -- Newport - Warren Planned Community Page 21 Community Development shall make the appropriate determination. In making these determinations, the Director shall consider the following, but not by way of limitation: A. Prior administrative interpretation of similar provisions; B. General intent and purpose of the Planning Community District regulations and individual land use designation within the district; C. Provisions contained in the General Plan. Any decision of the Director may be appealed to the Planning Commission. 4.3 Development Processing The Land Use Plan (Exhibit 1) shall generally guide location of the land use areas within the project area. 4.4 Site Plan Review Design review by the Community Development Department is required prior to submitting plans and specification for plan check and building permit processing. The applicant shall submit plans and all information to the Community Development Department in accordance with the City of Tustin Design Review requirements. Said application shall include but is not limited to conceptual site plans, architectural elevations of all building exteriors, and conceptual common area landscape plans. The decisions by the Community Development Department shall be final unless appealed to the Planning Commission with 7 days of the Community Development Department's decision. While the Community Development Department review is not subject to a public hearing, the Community Development Department may impose reasonable conditions necessary to ensure compliance with the Planned Community regulations. 4.5 Subdivisions All divisions of land within the project area shall be processed in accordance with the Tustin city code and state subdivision map act. 4.6 Variances, Conditional Permits, Use Determinations, and Temporary Uses All applications shall be processed in accordance with the Tustin city code. Newport - Warren Planned Community Page 22 4.7 Minor ModificationsfAdjustments A. The Director of Community Development or designee may take action on requests for minor modifications or adjustments to "site development standards" contained in the Planned Community Regulations when such requests constitute a reasonable use of property not permissible under a strict literal interpretation of the regulations. Administrative adjustments are intended for special circumstances of hardship and are not intended for uniform application throughout the Planned Community area. Minor modifications/ adjustments may allow the following: 1. A decrease of not more than 5% in the minimum required building site area 2. A decrease of not more than 10% in the minimum required building or landscaping setbacks 3. An increase of not more than 20% in the maximum permitted height of a fence or wall, subject to city -approved structural design 4. An increase of not more than 10% of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces into any required building setback 5. An increase of not more than 5% in the maximum permitted building height 6. An increase of not more than 10% in the maximum height or area of allowable signage 7. A decrease in the number of required off-street parking spaces for uses up to a maximum of 10% not to exceed ten -spaces. Requests for larger than a ten -space reduction may be granted adjustments commensurate with a Planning Commission approved transportation management plan or shared parking plan prepared by a qualified traffic engineer. The Director and/or the Planning Commission shall include findings in its determination addressing the following: a. The intent of the parking regulations is preserved. b. The parking provided will be sufficient to serve the use intended and potential future uses of the same site. C. The adjusted decrease in the number of parking spaces shall not be detrimental to the public health, safety or general welfare or materially injurious to properties located in the general vicinity. Newport - Warren Planned Community Page 23 B. Applications 1. An application for an adjustment shall be filed with Community Development Department pursuant to its current application procedures and fee schedule. 2. The Director of Community Development or designee shall conduct a public meeting to review the application, statement and drawings submitted. At the meeting the Director or designee shall act on the application and may approve, modify or deny said application. 3. In granting an adjustment, the Director of Community Development or designee shall make findings in fact as prescribed by current law for the granting of a variance by the Planning Commission. In addition, the Director shall find: a. That there are practical difficulties or benefits of improved design which justify the deviation. b. The adjustment, where applicable, will provide equal or greater benefit to adjacent property. C. The adjustment is not in conflict with objectives or the general intent of the specific plan. If the Director of Community Development or designee denies an application for an adjustment, or if the applicant disagrees with the conditions imposed on the granting of an adjustment, if any, the applicant may file for a variance in accordance with the procedures prescribed in the Tustin city code. C. Amendment of Planned Community Any amendments to the Planned Community Regulations contained herein which changes any property from one land use designation to another shall be initiated and processed in the same manner set forth in the Tustin City Code for amending the City Zoning Map. D. Non -Conforming Uses and Structures All provisions contained in the Tustin City Code shall apply to non -conforming uses and structures. - Newport - Warren Planned Community Page 24 E. Enforcement Planned Community Regulations are adopted by ordinance and are therefore subject to penalty provisions of the Tustin City Code. Specifically, violations of land use or development standards shall be subject to Penalty Provisions and Citation Procedures of the Tustin City Code in addition to the city's authority to seek civil litigation in a court of law. Subdivision map and development plan conditions imposed pursuant to City code shall also be subject to penalty provisions and citation procedures of the Tustin City Code. F. Definitions For purposes of these regulations words, phases and terms shall have the same meaning ascribed by the Tustin City Code unless specifically defined by this section as follows: 1. Building site area - the total land area within the boundaries of a development project, not including any required public street right-of-way dedication or easements. 2. Density - the number of dwelling units per gross acre. Density shall be computed by dividing the total number of dwelling units on a parcel by the net parcel area for that parcel. G. Notes 1. Whenever the regulations contained herein conflict with the regulations of the Tustin City Code, the established zoning regulation shall take precedence. Any standard or regulation not covered by the specific plan shall be subject to regulations contained in the Tustin City Code. 2. All construction shall comply with all provisions of the Tustin City Code. 3. Plans for noise attenuation of units located along Newport Avenue which insure that interior and exterior noise levels do not exceed the City of Tustin Noise Ordinance and state standards shall be submitted for review and approval at time of the builders first necessary discretionary application submitted. 4. Approval by the Air Quality Management District of any plans, devise or facilities for control of air pollutants shall be required. Newport - Warren Planned Community Page 25 5. Energy conversation provisions shall be considered when building orientation, materials and design are developed. 6. As a condition of any increment of a proposed development, the applicant shall provide evidence of the adequacy of all infrastructure improvements, including the adequacy of the circulation system. 7. After commencement of alterations or construction of any structure, or improvement thereon, the owner shall diligently prosecute the work thereon, to an end that the structure shall not remain in a partly finished rendition any longer than reasonably necessary for completion. 8. Businesses located within the Planned Community shall not be operated or maintained in a fashion detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the immediate area. 9. Mitigation measures identified and adopted in the environmental impact report shall be incorporated by reference in the specific plan. 10. If any portion of these regulations is for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions thereof. The City Council hereby declares that it would have enacted these regulations and each portion thereof, irrespective of the fact that any one or more portions be declared invalid or ineffective. misc\landuse2