HomeMy WebLinkAboutPH 1 G.P. AMEND 90-02 10-15-90DATE:
TO:
FROM:
SUBJECT:
OCTOBER 15, 1990
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC HEARING N0. 1
10-15.-90
Inter - Com
GENERAL PLAN AMENDMENT 90-02 AND ZONE CHANGE 90-03
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the Environmental Determination for the project by
adopting Res. No. 90-132;
2. Adopt Reso. No. 90-1331 approving General Plan Amendment 90-
02; and
3. M.O.waive further reading and hold first reading of Ord. No.
1052 by title only.
BACKGROUND
The Planning Commission, at their regular meeting on October 8,
1990, recommended City Council approval of General Plan Amendment
90-02 and Zone Change 90-03 for 7.826 acres located in the vicinity
of Newport and Warren Avenues and recently annexed to the City of
Tustin (Annexation No. 149).
The proposed amendment to the General Plan would assign the subject
properties to the PC (Planned Community) land use designation and
the proposed rezoning would zone the properties to PC (Planned
Community) District and adopt Newport/Warren Planned Community
Regulations.
On February 20, 1990 the City Council approved Annexation 149 -
Newport/Warren to the City of Tustin. Upon transference of the
property to the City of Tustin, the property became unclassified
since the City of Tustin did not have a similar General Plan or
zoning designation for the site. The unclassified designation is
an interim zoning designation in the Tustin City Code and meant to
provide a review mechanism for projects that might be processed
prior to the City adopting a zoning designation for a site.
The project site is currently developed with six single family
homes and seven professional office buildings and three vacant
parcels. The project site is bounded by professional office and
single-family residential development to the north, commercial and
single-family residential to the south, single- and multi -family
residential to the east (across Newport Avenue) and single-family
residential to the west.
I City Council Report
General Plan Amendment
October 15, 1990
Page 2
90-02 and Zone Change 90-03
Upon approving the Newport - Warren Annexation to the City of
Tustin, the City Council gave specific direction to staff to
prepare a general plan ar-ndment and zone change that would
establish consistency with the North Tustin Specific Plan. Exhibit
B has been prepared which reflects those parameters as discussed in
the North Tustin Specific Plan.
A public hearing notice denoting the time, date, and location of
this hearing was published in the Tustin News. The property was
also posted and property owners within 300 feet of the project site
were notified by mail pursuant to State law.
DISCUSSION
General Plan Amendment 90-02
The land use element of the general plan describes the PC
designation as both a land use and zoning classification. It
recognizes that mixed and integrated uses can be made to be
compatible by implementation of more specific design standards. To
assure the objective of compatibility of land use and building
intensity with the character of surrounding development, the PC
General Plan designation requires precise development plans be
reviewed and approved prior to authorization for development under
provisions of'an adopted PC zoning designation. In other words,
mechanism for defining location, land uses, density and other
building intensity standards would become governed by the adopted
PC zoning provision (discussion follows below).
The use of the PC designation as both a general plan designation
and zoning district is not unique to the City of Tustin. The
Tustin Auto Center and Industrial Park both utilize the PC
designation. The PC designation in both instances also created
development standards specifically developed for the unique needs
of each of these sites.
Zone Change 90-02
A PC (Planned Community) zoning district is proposed to provide
consistency with the Planned Community General Plan d.signation
proposed for the site since state law requires that zoning
provisions be consistent with a General Plan. In addition, the PC
zoning mechanism allows the City to provide the greatest degree of
continuity with the North Tustin Specific Plan regulations which
originally outlined the development parameters for the site and
which were negotiated previously by the County with the North
Tustin Community.
Community Development Department
City Council Report
General Plan Amendment 90-02 and Zone Change 90-03
October 15, 1990
Page 3
In adopting a Planned Community District, provisions if the Tustin
City Code also permit the City to concurrently adopt specific
development regulations and a development plan for the area. A
copy of the proposed Newport -Warren Planned Community Regulations
is attached. 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.
The regulations not only describe allowed uses and development
standards but also limitations on uses, off-street parking
regulations, mechanical equipment standards, regulations concerning
fences and walls, standards for refuse collection areas, screening
and landscaping requirements, and signage and lighting parameters.
Design guidelines and standards are also included which provide a
framework for achieving design compatibility between proposed
projects and the character of the existing community. The
implementation/administration sections of the PC development
regulations also require that all projects be subject to site plan
review thus ensuring that all standards in the document are adhered
to.
The Newport -Warren Planned Community Regulations propose two
specific land use designations - Residential Single Family Garden
Office (RSF-GO) - and Garden Office (GO). These land use
designations allow uses which are consistent with those allowed in
the North Tustin Specific Plan. The RSF-GO designation permits
both residential and garden office uses with varying development
standards for each use. The residential single family portion of
the land use designation is intended to create, preserve and
enhance neighborhoods, where permanent, one household residential
uses are predominant. The garden office portion of the RSF-GO 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 development
regulations and a conditional use permit is approved.
The Garden Office (GO) land use designation is intended to provide
areas for the exclusive development of professional and
administrative offices and related uses in locations in close
proximity to residential areas.
Although the two designations may appear to be similar, they do
have distinctly different goals and development standards in each
land use designation may vary.
Community Development Department
j city council Report
General Plan Amendment 90-02 and Zone Change 90-03
October 15, 1990
Page 4
In preparing the Newport -Warren Planned Communi,-y (PC) Regulations,
staff were charged with preparing documents that would be
compatible with the North Tustin Specific Plan.
At the PC meeting of September 10 and October 8, however, specific
issues regarding compatibility with the North Tustin Specific Plan
were raised. The majority of the: -e issues were discussed in the
Planning Commission's October 8th staff report attached for the
City Council's information. Based on a review of identified
community issues regarding the proposed PC regulations, the
Planning Commission did authorize a number of changes to the
proposed Newport -Warren Planned Community Regulations, as follows:
1. Cluster residential developments were deleted as a
permitted use in the RSF-GO land use designation.
Definitions and parking standards for said use were also
deleted.
2. All use determinations on unlisted uses would be subject
to a decision by the Planning Commission rather than
staff.
3. A minimum 40,000 square foot parcel size for churches in
the RSF-GO designation is required.
4. Restrictions on the location of trash storage areas were
added.
5. Requirements prohibiting a direct line of sight to
abutting residential district from second story openings
was added, as well as standards on maximum and minimum
roof pitch.
6. Parcel 401-191-22 was added as a restricted access parcel
subject to a vehicular access plan.
A revised Newport -Warren Planned Community regulation document is
attached containing these revised standards. With these changes,
the Planning Commission believed that significant community issues
with the PC regulations were addressed and the proposed document
was felt to be consistent with the North Tustin Specific Plan.
CONCLUSION
The proposed zone change and general plan designation for the
subject site will allow for similar uses and development standards
that were allowed when the site was under the County of Orange,
establishing tr.a greatest degree of conformity with adjacent uses
Community
Development Department
_I City Council Report
General Plan Amendment 90-02 and Zone Change 90-03
October 15, 1990
Page 5
and creating few non -conformities in land use or development
standards. The proposed uses and standards contained in the
Planned Community regulation document are also consistent with the
overall existing development and land uses of the area. The
Commission, therefore, recommended that the City Council approve
the subject General Plan Amendment and Zone Change.
Christine Shingleton
Director of Community Development
Attachments: October 8,
1990
Nos.
2819,
28201
Reso.
No.
90-132
Reso.
No.
90-133
Ord.
No. 1052
CAS:nm/90.02AMD.cas
Staff Report, Exhibits and Reso.
and 2835
Community Development Department
PLANNING COMMISSION
OCTOBER Sth REPORT
Report to. the
Planning Commission
DATE: OCTOBER 81 1990
Item #4
SUBJECT: GENERAL PLAN AMENDMENT 90-02 AND ZONE CHANGE 90-03
APPLICANT: CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 9280
LOCATION: THE SUBJECT PROPERTIES FORM AN IRREGULARLY SHAPED
BOUNDARY WEST OF NEWPORT AVENUE, LOCATED
IMMEDIATELY NORTH OF THE FIRST BAPTIST CHURCH AND
SOUTH OF EDGEWOOD PRIVATE SCHOOL.
ENVIRONMENTAL
STATUS: A NEGATIVE DECLARATION HAS BEEN PREPARED IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
REQUEST: 1. GENERAL PLAN AMENDMENT 90-02; TO RECLASSIFY
THE GENERAL PLAN LAND USE DESIGNATION FROM U
(UNCLASSIFIED) TO PC (PLANNED COMMUNITY).
2. ZONE CHANGE 90-03; TO REZONE THE PROPERTY FROM
UNZONED TO PC (PLANNED COMMUNITY).
RECOMMENDATION
Staff recommends that the Planning Commission take the following
actions: 1. Approve the Environmental Determination for the
project by adopting Resolution No. 2835. 2. Adopt Resolution No.
2819 and 2820 recommending approval of General Plan Amendment 90-02
and Zone Change 90-03 to the City Council.
BACKGROUND
On September 10, 1990, the Planning Commission received testimony
and comments on proposed General Plan Amendment 90-02 and Zone
Change 90-03 for 7.826 acres located in the vicinity of Newport and
Warren Avenues. The Planning Commission continued the item to
October 221 1990, and directed staff to conduct a workshop with
interested persons to this meeting.
Community Development Department
_1 General Plan Amendment 90-02 & Zone Change 90-03
October 8, 1990
Page 2
On September 17, 1990, the City Council gave direction to staff and
the Planning Commission that the , wished the public hearings on the
project expedited and did not want a workshop. The Planning
Commission was requested to hold a public hearing on October 8,
1990, and the City Council requested that a public hearing be
scheduled before them on October 15, 1990. The City Council also
requested that any interested persons having comments on the
proposed project submit them in writing to the Department of
Community Development at 300 Centennial Way, Tustin, no later than
October 1, 1990.
A revised public hearing notice identifying the time, date, and
location of the public hearing on this project was published in the
Tustin News. Property owners within 300 feet of the site were also
notified.
DhSCUSSION
At th meeting of September 10, 1990, numerous issues were raised
regarding the Newport -Warren Planned Community Regulations. These
issues have been addressed and analyzed along with a City staff
response and recommendation response on Exhibit 1.
Additionally, the City has received written comments from three
parties regarding the regulations. (See Exhibit 2.)
Responses to the letters from Foothill Communities Association and
Mr. and Mrs. Black are addressed in Exhibit 1. However, Cortese
Properties, who own property in the area are recommending that the
City utilize commercial development standards currently in the
Tustin City Code. They recommend u`Alizing these standards due to
the unique and unusual characteristics of some of the properties
along Newport Avenue such as irregular shapes and the difficulty of
implementing some of the North Tustin Specific Plan Development
Standards. However, even Mr. Cortese acknowledges that the
proposed Newport -Warren Planned Community Regulations are merely an
adoption of the North Tustin Specific Plan Development Standards
with slight modifications to make them consistent with existing
City of Tustin Code language.
Mr. Cortese also refers to proposed plans for property located in
the project area. As of October 3, 1990, said plans have not even
been reviewed by City staff; therefore, these comments cannot be
analyzed. Staff believes that any future development plans should
be consistent with the proposed Newport -Warren Planned Community
Regulations.
Although it is recognized that several of the parcels subject to
the Newport -Warren Planned Community Regulations may be difficult
to develop, there are several items to consider in responding to
Community
Development Department
General Plan Amendment 90-02 & Zone Change 90-03
October 8, 1990
Page 3
Mr. Cortese's concerns. First, considerable time and effort to
develop guidelines and development standards for the North Tustin
area was committed by the County of Orange and North Tustin
community. This includes considerable community input and "buy -in"
into the plan prior to its adoption. Secondly, upon approving the
Newport -Warren Annexation to the City of Tustin, the City Council
gave specific direction to staff to prepare a general plan
amendment and zone chancre that would establish consistency with the
North Tustin Specific Plan. It would not be appropriate at this
time to reject the proposed Newport -Warren regulations in favor of
standard zoning provisions.
Based on review of community issues, a number of changes to the
Proposed Newport -Warren Planned Community Regulations have been
made as follows:
1. Cluster residential developments have been deleted as a
permitted use on the RSF-GO land use designation. Definitions
and parking standards for said use have also been deleted.
2. All use determinations on unlisted uses are subject to a
decision by the Planning Commission rather than staff.
3. A minimum 40,000 square foot parcel size for churches in the
RSF-GO designation has been added.
4. Restrictions on the location of trash storage areas have been
added.
5. Requirements prohibiting a direct line of sight to abutting
residential district from second story openings has been
added, as well as standards on maximum and minimum roof pitch.
6. Parcel 401-191-22 has been added as a restricted access parcel
subject to a vehicular access plan.
A revised Newport -Warren Planned Community regulation document is
attached containing these revised standards. With these changes,
staff believes that significant community issues with the
regulations have been addressed.
CONCLUSION
The proposed zone change and general plan designation for the
subject site will allow for similar uses and development standards
that were allowed when the site was under the County of Orange
jurisdiction therefore establishing the greatest degree of
conformity with adjacent uses and creating few non -conformities in
land use or development standards. The proposed uses and standards
contained in the Planning Commission regulation document are also
Community Development Department
General Plan Amendment 90-02 & Zone Change 90-03
October 8, 1990
Page 4
consistent with the overall existing development and land uses of
the area. For these reasons, staff recommends that the Planning
Commission adopt Resolution No. 2819 and 2820 recommending approval
to the City Council of Zone Change 90-03 and General Plan Amendment
90-02.
-4�C4
CHRISTINE SHINGLETON
DIRECTOR OF COMMUNITY EVELOPMENT
EXHIBITS:
CAS:nm/GP90-02.cas
Community Development Department
EXHIBIT 1
Community Development Department
1.
EXHIBIT 1
SUMMARY OF COMMUNITY ISSUES ASSOCIATED WITH
NEWPORT -WARREN PLANNED COMMUNITY REGULATION'S
ISSUE: CLUSTER DEVELOPMENT/PLANNED UNIT DEVELOPMENTS
Residents in attendance claimed that clustered unit or planned
developments were not permitted by the North Tustin Specific
Plan at 18 dwelling units per acre. Additionally, they
claimed that development standards for Residential Single
Family only allow for one unit per 10,000 square feet building
site or 6.5 units per acre and that the North Tustin Specific
Plan would not permit multiple dwellings.
Analysis and City Response:
The Land Use District Map of the North Tustin Specific Plan
designated a portion of the Newport -Warren Annexation area as
Residential Single Family (RSF) with a Garden Office overlay
(see Attachment 1). When development regulations were adopted
(document 86-189273) for this land use designation, planned
developments were authorized subject to granting of a
conditional use permit by the Planning Commission (page III -
5). While not adopted by ordinance but rather resolution,
certain portions of the Tustin Specific Plan (more
specifically, the plan's implementation policy) refered to
extending medium and medium high density ranges which are up
to 18 DU/AC where a planned development would maintain
compatibility with the adjoining residential areas
(Attachrient 2). This density is also the maximum density
noted on the County 1982 Land Use Element Map for the area
(Attachment 2). The originally proposed Newport -Warren
Planned Community Regulations outlined a density of 15 DU/AC -
which was less dense than the r_ensity allowed by the North
Tustin Specific Plan. Additionally, in both the North Tustin
Specific Plan and the originally proposed Newport -Warren
Planned Community Regulations, cluster development approval
requires a conditional use permit. A conditional use permit
requires a public hearing and requires that mandatory findings
be made in response to the proposed project.
RECOMMENDATION:
Given the considerable concern regarding the possibility of
multi -family development occurring within the RSF-GO land use
designation of the Newport -Warren regulations it is
recommended that provisions allowing for cluster units be
deleted from the Newport -Warren Planned Community Regulations.
2. ISSUE: MEDICAL OFFICES
It was claimed that medical offices were not allowed
originally in t` -e North Tustin Specific Plan in the area of
the p�.-oposed Newport -Warren Planned Community District.
Analysis and City Response:
Medical offices were originally allowed in the garden -office
district in the North Tustin Specific Plan subject to a use
permit. In fact, most uses required a use permit (see
Attachment 3 which contains regulations in North Tustin
Specific Plan). The proposed Newport -Warren Planned Community
regulations would permit medical offices.
RECOMMENDATION:
No changes are recommended.
3. ISSUE: HANDLING OF UNLISTED USES
It was requested that there should be no administrative
remedies for unlisted uses not noted in the development
standards of the Newport -Warren Planned Community regulations
(i.e., East Tustin). If the use is not noted then an
applicant should request a zone change.
Analvsis and Citv Resuonse:
The North Tustin Specific Plan prohibits all uses not
expressly permitted. Given a purely literal interpretation,
a similar type office use such as management, technical,
professional or consultant would not be allowed under the
regulations of the North Tustin Specific Plan. The Newport -
Warren Planned Community Regulations propose that those uses
not specifically listed are subject to a determination by the
Community Development Director as either permitted,
conditionally permitted or prohibited. This is similar to the
approach approved for a number of planned communities in
Tustin. Decisions of the Director are appealable to the
Planning Commission. If such language is not included to
allow for some flexibility, then similar type uses could be
unduly penalized. Attachment 3 shows typical language as
outlined in certain zoning standards of the City of Tustin.
An alternative to staff making said determination is to have
the Commission make said determination.
RECOMMENDATION:
A change should be included in the Planning Community document
to place responsibility with the Planning Commission.
4. ISSUES: MINOR MODIFICATIONS
It was stated that provisions which authorize minor
modifications should not be permitted and all development
should be required to comply to
North Tustin Specific Plan does
modifications or adjustments.
Analysis and City Response:
development standards. The
not have provisions for minor
Minor modifications or adjustments to site development
standards are permitted in the City of Tustin in a number of
Planned Community District Standards in Tustin (i.e., East
Tustin) when such requests constitute a reasonable use of
property not permissible under 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.
These findings are very similar to the traditional granting of
a variance. Traditionally, applications for variances are
granted from the strict application of the terms of the
development standards when the following circumstances are
found to apply:
That any variance granted shall be subject to such
conditions as will assure that the adjustment thereby
authorized shall not constitute a grant of special
privilege inconsistent with the limitations upon other
properties in the vicinity and district in which the
subject property is situated.
Because of special circumstances applicable to subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning
ordinance is found to deprive subject property of
privileges enjoyed by other properties in the vicinity
and under identical zone classification.
Other findings necessary for granting of a minor
modification includelin the case of parking:
a. The intent of the parking regulations to be
preserved.
b. The parking provided to 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 to not be detrimental to the public health,
safety or general welfare or materially injurious
to properties located in the general vicinity.
Standards for projects such as the East Tustin Specific Plan
allow for administrative adjustments just like the minor
modifications as proposed in the Newport -Warren Planned
Community Regulations. Again, the proposed regulations make
specific note that these adjustments are intended for special
circumstances of hardship and are not applicable to the ent re
development site development standards. These provisions are
noted as Attachment 5. The adjustment provisions proposed in
the Newport -Warren Planned Community Standards also require a
public meeting and all decisions are appealable to the
Planning Commission and City Council.
RECOMMENDATION:
Retain proposed provisions.
5. ISSUE: ALL DEVELOPMENTS REQUIRE A PUBLIC HEARING
It was stated that all development proposals should be subject
to discretionary permits.
Analysis and City Response:
The North Tustin Specific Plan requires that all discretionary
permits (e.g., use permits, site development permits, and
variance permits) require a public hearing at the Planning
Commission.
In the Residential Single Family -Garden Ooffice district, the
only permitted uses are residential. A1?_ other uses require
a conditional use permit which triggers the 300 foot noticing
and public healing requirements.
Requiring every project, regardless of whether the project is
a permitted use and meets all setback requirements and other
City standards to be subjected to a public hearing by the
Planning Commission is particularly time consuming; especially
if all development standards are met. If development
standards are met, on what basis would the Commission then
deny a project? The City Attorney's Office has voiced
concerns about the potential subjectivity.
Additionally, the site plan and design review process for the
City of Tustin is very exhaustive and thorough (see Attachment
6). Items such as drainage are included. If a project meets
all use, setback, landscaping and design standards which
insure compatibility with adjacent uses; there should be no
real reason why the project cannot be approved
administratively.
RECOMMENDATION:
No change recommended.
6. ISSUE: VARYING BUFFERING/DEVELOPMENT STANDARDS
It was stated that there were restrictions for commercial
projects that don't apply to residential uses being proposed.
Analysis and City Response:
Attachment 6 of the North Tustin Specific Plan discusses the
architectural character of projects and notes the guidelines
are applicable to non-residential developments and residential
projects of greater density than the existing small estate
neighborhoods. Specifically, direct line -of -site views from
the second story of a non-residential building into an
adjacent residential district shall be avoided through
sensitive building and site 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 line are
also encouraged.
These exact same standards which are applicable to both non-
residential and residential projects of greater density are
specifically allowed as noted on page 20 of the Newport -Warren
Planned Community Regulations, Item 12. These standards are
exactly the same as the North Tustin Plan. Additionally, page
15 of the Newport -Warren Planned Community Regulations
discusses landscaping and buffering from residential areas in
detail.
RECOMMENDATION;
See Recommendation under Issue #12
7. ISSUE: HEIGHT OF STRUCTURES
It has been stated that the Newport -Warren Planned Community
Regulations allow for two story structures adjacent to
residential uses; whereas, the North Tustin Specific Plan did
not allow such standards.
Analysis and City Response:
The North Tustin Specific Plan height limitations allow for a
35 foot height limit maximum unless otherwise specified on the
land -use district map. The garden -office overlay district for
this use allows for two stories not to exceed 28 feet maximum
unless a lesser height is specif-'Led on the land use district
map and the residential garden -office district allows for a
height of two stories not to exceed a 35 foot height maximum
unless otherwise specified. There is a location on this plan
district map where 45 feet was also authorized (see Attachment
1 .
The Newport -Warren
Family -Garden Office
residential units to
stories not to exceed
such as office use;
allows for a maximum
feet with the land us
Planned Community Residential Single
Regulations allow for a maximum height of
be 35 feet and allows a height of two
28 feet for conditionally permitted uses
and lastly, the garden -office district
height of two stories not to exceed 35
,e map noting the parcels where a 45 foot
8.
height was permitted by the North Tustin Plan. These
standards reflect those standards exactly as noted in the
North Tustin Specific Plan.
RECOMMENDATION:
No changes recommended.
ISSUE: SIGNAGE
It was stated that the proposed signage as outlined in the
Newport -Warren Planned Community Regulations are not the same
as in the North Tustin Specific Plan of Chapter 3. Residents
claim that business signs were prohibited.
Analysis and City Response:
Signs in the North Tustin Specific Plan are subject to those
regulations as noted in the County Zoning Code except for
planned unit developments. Residential -garden office and
garden office uses were subject in the North Tustin Plan to
specific standards as noted in Attachment 7. There were some
design guidelines for use of materials also included in the
North Tustin Plan.
The Newport -Warren Planned Community Regulations propose that
signage within the planned community shall be subject to the
provisions of the Tustin Sign Code.
1. Signs should be made of wood, aggregate, masonry, or
similar material. Signs of plastic, plexiglass or
similar materials are in contrast to the area's
residential character and should be avoided.
2. Free standing signs located within the landscaped
parkways along arterial streets should maintain a low
profile. Because signs are not typically found in single
family residential communities, the objectives of these
guidelines is to insure a very subdued appearance to
these signs necessarily associated with professional
office, commercial and certain residential developments.
Although the signage standards between the City of Tustin and
the County of Orange are different, the Tustin standards are
more restrictive. For example, the Tustin Sign Code for the
professional district allows only one single -face sign
allowing 12 square feet; whereas, the North Tustin Specific
Plan allows for two single -face signs with a maximum area of
24 square feet.
RECOMMENDATIONS:
No changes recommended.
9. ISSUE: OUTDOOR STORAGE
It has been indicated by FCA that the RSF section of the North
Tustin Specific Plan prohibits storage of vehicles or products
related to commercial activity.
ANALYSIS AND CITY RESPONSE:
Page 10 of the Newport -Warren Planned Community regulations
prohibit outside storage.
RE-OMMENDATION:
No changes necessary.
10. ISSUE: PARCEL SIZE FOR CHURCHES:
It has been indicated by FCA that a minimum 40,000 square foot
site was required for a church in the North Tustin Specific
Plan.
ANALYSIS AND CITY RESPONSE:
The North Tustin Plan did require a minimum 40,000 square foot
parcel size for a church.
RECOMMENDATION:
It is recommended that the 40,000 parcel size restriction be
included on page 4 of the Newport -Warren Planned Community
regulations.
11. ISSUE: TRASH AND STORAGE AREAS:
The FCA has indicated that trash and storage areas are
prohibited within 25 feet of residential property in the
original RGO District of the North Tustin Specific Plan.
ANALYSIS AND CITY RESPONSE:
The North Tustin Specific Plan did require such restriction.
RECOMMENDATION:
Such restrictions should be included on Page 13 of the
Newport -Warren Planned Community regulations.
12. ISSUE: DIRECT LINE OF SIGHT TO ABUTTING RESIDENTIAL
DISTRICTS: .
The FCA have indicated that the North Tustin Specific Plan
states "Direct line of sight to abutting residential districts
from second story openings, windows, balconies, stairways,
stairway landings or other architectural features shall be
prohibited.... The Design Guidelines and Standards in the
Tustin plan (which are not ordinance in the NTSP) state
"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..." (p. 20, #12) "Avoided" does not carry the same
meaning as "prohibited." For compatibility to the NTSP, the
Tustin document should clearly prohibit direct line of sight
onto nearby homes and yards.
ANALYSIS AND CITY RESPONSE:
A review of the North Tustin Specific Plan indicates that FCA
is correct. Staff have reviewed pages 16 - 21 of the Newport -
Warren Planned Community regulations and believe that
additional language in the City's proposed standards could be
strengthened.
RECOMMENDATION:
It is recommended that an additional clarifying paragraph
shall be added on page 16 and page 20 (#12) and 21 shall be
modified to prohibit direct lines of sight.
13. ISSUE: ROOF LINES
According to FCA, Chapter 7 of the North Tustin Specific Plan
(III -31) states that "Roofs shall be sloped, of hip, gable or
shed design. Roofs shall have a minimum pitch of one (1) foot
of rise to three (3) feet of run and shall have a maximum
pitch of one (1) foot of rise to one (1) foot of run."
ANALYSIS AND CITY RESPONSE:
See response to Issue #12.
RECOMMENDATION:
It is recommended that additional language be added to Section
3.2 to address the above issue.
14. ISSUE: VEHICLE ACCESS
Vehicle access standards applied in the RSF-GO land use
designation should include parcel 401-181-22.
ANALYSIS AND CITY RESPONSE:
Correct; a typographical error left this parcel out.
RECOMMENDATION:
Add parcel 401-191-22 to bottom of page 6 of the Newport -
Warren Planned Community regulations.
MISC/N-WREG.CAS
ATTACHMENT 1
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FIGURE 33
85-189273
CHAPTER 3. DISTRICT REGULATIONS
A. RSF - Residential Single Family District
1. Purpose and Intent:
The RSF District is intended to create, preserve and enhance
neighborhoods where permanent, one household, residential uses are
predominant. The detached dwellings and large private yards of RSF
areas allow for maximum privacy where desired, and opportunities for
outdoor living. Only those additional uses are permitted that are
complimentary to, and can exist in harmony with, such a single-family
residential neighborhood.
2. Permitted Principal Uses:
Any of the following principal uses are permitted on each building site
in compliance with the site development standards contained herein.
a. Single-family detached dwelling, one (1) per building site, or
single-family mobilehome per Zoning Code Section -7-9-149.5 , one (1)
per building site.
b. Parks and playgrounds (noncommercial).
c. Riding and hiking trails.
d. Community care facilities serving six (6) or fewer persons.
3. Principal Uses permitted subject to a site development permit.
The following principal uses are permitted subject to the approval of a
site development permit per Chapter 4.
a. Public or private utility structures and uses rendering direct
service to the public in the local area.
b. Grading and excavation over 5,000 cubic yards per Zoning Code
section 7-9-139.
4. Principal Uses permitted subject to a use permit.
a. Zoning Administrator
The following principal uses are permitted subject to the approval
of a use permit by the Zoning Administrator per Chapter 4.
(1) Apiaries.
(2) Community care facilities serving seven (7) to twelve (12)
persons per Zoning Code section 7-9-141.
III -4
85-189273
b. Planning Commission
The following principal uses are permitted subject to the approval
of a use permit by the Planning Commission per Chapter 4.
(1) Churches, temples and other places of worship (minimum building
site area - 40,000 square feet).
(2) Educational ons.
(3) Planned (unit) developments for residential uses per Zoning_
Code section 7-9-110 and Chapters 5,_.6, and 7 herein with 28
feet maximum building height, and a 25 foot setback where it is
abutting a single family district.
5. Temporary Uses and Structures:
Any of the following temporary uses are allowed, except as provided in
other subsections herein, per Zoning Code Section 7-9-136.
a. Model homes, temporary real estate offices and related signs within
subdivisions.
b. Temporary use of mobilehome residence during construction.
c. Continued use of an existing building during construction of a new
building on the same building site.
6. Accessory Uses Permitted:
Uses and structures when customarily associated with and subordinate to
a permitted principal use on the same building site per Zoning Code
section 7-9-137 which includes:
a. Garages and carports.
b. Swimming pools.
c. Fences and walls.
d. Signs per Chapter 6.
e. Noncommercial keeping of pets and animals per Zoning Code section
7-9-146.3.
f. Home occupations, per Zoning Code section 7-9-146.6.
g. Guesthouses (one (1) per building site) in conformance with the
setback regulations for the main building.
7. Uses Prohibited:
a. All uses not permitted above are prohibited. _
III -5
ATTACHMENT 2
IMPLEMENTING STKATEGY
Seven programs have been identified for implementation of the land use and design
chapter. These programs include: 1) Specific Land Use Flan; 2) Land Use and
Development Regulations; 3) Parcel Consolidation Incentive Program; 4) Countywide
Affordable Housing Program; S) Community Design Guidelines and Standards;
6) Historic Survey Program; and 7) Arterial Streetscape Program. Each program
is described below. Also discussed at the end of this section in the manner in
which this chapter carries out the intent of the General Plan.
Specific Land Use Plan
Overview - Figure 31 presents the Specific Land Use Plan for the specific plan
area. Table 32 summarizes the statistical information associated with each speci-
fic land use designation. These designations in Figure 31 and Table 32 are indica-
tive of maximum allowable development conditions. Actual development will probably
occur at a lesser intensity, but can only be determined at the time of approval for
individual development applications.
The land use designations in Figure 31 are all consistent with designations 1B
(Surburban Residential Community) and 1C (Urban Residential Community) of the Land
Use Element (LUE) of the General Plan shown in Figure 32. Because consistency is
maintained with the LUE Land Use Plan, an amendment to the General Plan is not
needed. Figure 31 represents a precise interpretation of the LUE Land Use Plan.
It is a refinement of Community Profiles 42 and 43. Change of the Community Profile
maps will be necessary upon adoption of the Specific Plan in order to incorporate
the refinements presented. These changes can be affectuated as an administrative
action by the EMA Planning Function.
Certain features are included in the Specific Land Use Plan which serve to:
1) interpret the goals and policies; and 2) respond to the issues affecting
development in the area. These features include:
1. Retaining medium -low density for existing inward oriented neighborhoods;
2. Extending medium and medium-high density beyond existing designations only
when parcel consolidation or the planned development process can be used to
maintain compatibility with adjoining uses;
3. Limiting the change to professional office uses to the northwesterly frontage
of Newport Avenue between the Tustin city limit and a point 400 feet southwest
of the Newport Avenue - 17th Street intersection;
4. Designating certain detailed review parcels as suitable for medium-high
density upon meeting conditions of parcel consolidation and site specific
design requirements; and
S. Excluding medium-high and high density development north of 17th Street,
except for detailed review parcels developed according to applicable con-
solidation incentive requirements.
Land Use Designations and Density Standards - The major characteristics of the
specific plan land use designations including density/intensity, principal uses,
and special considerations are summarized below. Detailed development requirements
IT
TABLE 32
North Tustin Specific Plan
Specific Land Use Plan
Allowable
Designation Density Acres Dwelling Unit:
1.3 Medium Low Residential 2.0- 3.5 du/ac 311.8 783
1.4 Medium Residential 3.5- 6.5 du/ac 18.5 92
1.51 Medium High Residential 6.5-12.5 du/ac 15.0 113
1.51D Medium High Residential/ 4.5-9.5 du/ac 18.8 82-169
Consolidation Incentive
1.52 Medium High Residential 12.5-18.0 du/ac 21.5 223
1.61 High Residential 18.0-28.0 du/ac 5.3 157
3.2 Professional Administrative -- 9.0 --
4.1 Public Facility -- 19.7 --
5.2 Recreation -- 0.9
- Arterial Highway -- 32.0 --
TOTAL 452.5 1450-1537
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are presented in the subsequent
design guidelines. The numeric
used in the Community Profiles.
discussions of land use regulations and community
designations correspond to the countywide system
1.3, Residential, Medium Low Density - As the predominant land use designation
in the specific plan area, Residential, Medium Low Density provides for de-
tached single-family housing on individual lots. Density ranges between
2.0 and 3.5 dwelling units/gross acre (du/ac). As a consequence, individual
lots are sufficiently large to permit keeping of equine animals. This desig-
nation has been applied primarily to established neighborhoods where intro-
duction of higher density residential uses would be inappropriate. Residen-
tial Single Family (RSF) land use regulations will apply. Use of the Planned
Development (PD) overlay district is encouraged for future development within
the 1.3 designation.
1.4, Residential, Medium Density - This designation primarily provides for
single-family detached housing, although duplexes may also be an appropriate
use. Density ranges between 3.5 and 6.5 du/ac. Generally, dwellings are
situated on individual lots under this designation. Through use of planned
development procedures, other configurations are possible. Residential Single
Family (RSF) land use regulations will apply.
1.51, Residential, Medium High Density - The 1.51 Medium High Density desig-
nation ranges in density from 6.5 to 12.5 du/ac. The density range of this
designation reflects the transition from detached to attached housing types.
Predominantly housing within this designation would be duplexes, attached
townhomes or detached units on small lots. Use of the planned development
process would be common. Residential Multiple Family (RMF) land use regula-
tions will apply.
1.52, Residential, Medium High Density - The 1.52 Medium High Density
designation provides for attached housing ranging in density from 12.5 to
18.0 du/ac. Use of the planned development concept is encouraged in order
to enhance the amount of usable open space. RMF land use regulations will
apply.
Residential, High Density - The High Density designation provides for
attached housing at densities between 18.0 and 28.0 du/ac. Use of planned
development procedures will be encouraged. RMF land use regulations will
apply,
3.2, Professional Administrative - The Professional Administrative designation
permits professional office use or, in some locations, continued residential
use where it now occurs. Both uses may not be present simultaneously on the
same site. In order for a site to be developed in a professional office use,
it must conform to minimum standards intended to achieve compatibility with
adjoining residential uses. In locations where only professional office use
is appropriate, Residential Garden Office (RGO) land use regulations will
apply• Garden Office (GO) overlay district regulations will apply in locations
where professional office or continued residential use is appropriate. Resi-
dential uses in these locations will be subject to the RSF regulations.
II -1-76
em
�Cr3'
IN
X al
° 4.1, Public Facility - The Public Facility designation applies to public or
institutional uses including public schools, private schools, churches and
related places of worship. The Public/Quasi-Public (PQP) land use regulati
will apply.
° 5.2, Recreation - The Recreation designation applies to
g pp parks, both exists
and proposed, and open space corridors. The recreation facilities and land
indicated by this designation are operated and maintained by the County of
Orange. Other recreation facilities may be available to the community thro
public schools within or near the specific plan area. Open Space/Recreatio
(OSR) land use regulations will apply.
In addition to the basic land use designations, the Specific Land Use Plan Iden
the locations at which parcel consolidation will be encouraged through applicat,
of density incentives. These locations are indicated on the Specific Land Use
by the suffix "D" following the basic designation. The Consolidation Incentive
(CI) overlay regulations will apply to these parcels in addition to the appropr.
land use regulations. The nature and application of the incentives are describ,
subsequently in this section.
Locations where the Garden Office (GO) overlay regulations will apply are indica
by the suffix "G". In these locations, development of professional office use
will be subject to the requirements of the overlay district. If these requiremE
are not met, residential use will continue in accordance with the RSF regulation
Land Use and Development Regulations
Intent - The Land Use Regulations contained in Division III serve to implement
the Specific Land Use Plan. They are adopted by ordinance and apply only withir
the North Tustin Specific Plan area. The land use districts contained in the
regulations are listed in Table 33 along with the designations of the Specific
Land Use Plan and the countywide General Plan with which they are consistent.
Each set of district regulations includes the following:
° Purpose and Intent - the objectives of the district;
° Uses Permitted - identification
permitted uses, uses subject to
uses and prohibited uses; and
of allowable land uses including primar
a permit, temporary uses, accessory
° Development Standards - requirements for site development and building
design which must be satisfied as part of any development proposal.
In addition to the basic land use districts the Land Use Regulations include th.
overlay districts, Consolidation Incentive, Planned Development and Garden Offi,
Each overlay district is intended to implement various provisions of the Specif
Plan. The Consolidation Incentive (CI) overlay district has been applied to pa
groups for which consolidation of narrow or irregularly shaped lots is a prereq
site for achieving medium-high density residential. The Planned Development (P
District is appropriate for large residential parcels on which better compatibi
with adjacent uses can be achieved through application of special site planning
II -1-77
TABLE 33
North Tustin Specific Plan
Land Use Districts
Land Use District
- Residential Single Family
- Residential Multiple Family
RGO - Residential Garden Office
pQp - Public Quasi -Public Facility
OSR - Open Space Recreation
Consistent Specific Plan Consistent General
Land Use Designation
Plan Designation
1.3 Medium Low
1B
1.4 Medium
1B
1.51 Medium High
1B
1.52 Medium High
1B
1.61 High
1C
3.2 Professional
Administrative
1B
4.1 Public Facility
1B
5.2 Recreation
1B
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A TTA A-% ► P IK A r-- pL r
ATTACHMENT 3
C. RGO - Residential Garden Office District
86-1892T3
1. Purpose and intent
The RGO District is intended torovide areas for the development of
P Pm
professional and administrative offices and related uses in locations in
close proximity to residential areas. Development of properties in the
RGO District 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. The district is located along Newport Avenue -to a
point approximately 200 feet northeasterly of Warren Avenue and designed
to intervene between the arterial highway and residential areas and
reduce the impacts of the arterial traffic on the residential areas.
2. Principal uses permitted subject to a site development permit.
The following uses are permitted subject to the approval of a site
development permit per Chapter 4.
a. Public and private utility buildings and structures.
3. Principal uses permitted subject to a use permit.
The following uses are permitted subject to the approval of a use permit
by the Planning Commission per Chapter 4.
a. Professional offices for:
(1) Accountants
(2) Attorney -s-- — - -- --- ------ - - - - - -
(3) Doctors, dentists, optometrists, oculists, chiropractor and
others licensed by the State of California to practice the
healing arts, but not including veterinary hospitals for
overnight animal care.
(4) Engineers, architects, surveyors and planners.
(S) Other professional services requiring State licensing or
certification.
b. Advertising agency offices.
C. Insurance agents.
d. Studios for interior decorators, photographers, tailors,
seamstresses, artists and draftsmen.
e. Telephone answering services.
ATTACHMENT 4
•
T7io ,qAt-��
CF
C. Zoos or nature centers with live animals in conjunction
with a public park site. C
D. Hospitals outside the Browning Aircraft Approach and
departure corridor for MCAS Tustin. C
E. Commercial recreational centers located on public
park and school sites. C
F. Temporary uses - shall be regulated pursuant to the applicable section of the city
municipal code.
G. Unlisted uses - those uses not specifically listed in this Section 3.9.2 are subject to
Community Development Department determination to be either permitted, condi-
tional or prohibited uses pursuant to the objectives of this zoning regulatory docu-
ment and the purposes of the individual land use category. Decisions of the Com-
munity Development Department may be appealed to the City Planning Commission.
3.9.3 Site Development
A. Building site area: no minimum requirements.
B. Building Height limit: 35 feet unless Community Facility Land use is located totally
00 within a land use area allowing greater building height, in which case the greater
height limit shall be allowed.
_V
C. Building setbacks: same setbacks allowed for the land use area in which Community
Facility Use is located. For uses not located entirely within one land use area, the
most restrictive setback standard for any adjoining area shall prevail.
D. Landscaping: a minimum of fifteen (15) percent of the building site area shall be
landscaped.
E. Parking: compliance with parking regulations detailed in Section 3.10.
F. Signing compliance with signing regulations detailed in Section 3.11.
G. Lighting: all lighting, exterior and interior shall be designed and located to confine
direct rays and glare to the premises except sports field lighting which may be
allowed subject to a conditional use permit (Section 3.9.2.A.8).
H. Trash and Storage Areas: All storage, including cartons, containers and trash, shall
be shielded from view within a building or area enclosed by a masonry wall not less
than six (6) feet in height. No such area shall be located within fifty (50) feet of any
residentially designated area unless it is fully enclosed.
3-45
TUS "IN CITY CODE ZONING 9231c2(a)
A plot plan drawn to scale, showing dimensions and locations of all existing and
any proposed buildings, signs, driveways, off-street parking areas and abutting
streets or highways.
Architectural plans and specifications for any proposed building or alterations to
existing buildings.
Provisions for landscaping of the property, including, but not limited to, provi-
sions for screen planting, lawn areas, trees, shrubs, irrigation, driveways and
walkways. (Ord. No. 200)
d Conditionally Permitted Uses
The follo«I-ing uses are authorized subject to a conditional use permit:
1. Professional, instructional, motivational and/or seminar schools.
Off-street parking requirements for these uses shall be as follows: One i 1 i space for
each two (2) students at maximum enrollment and one t I, space for each instructor;
or, one (1 ) space for each fifty (50) square feet of occupied area. whichever is greater.
(Ord. No. 957, Sec. 2, 1-6-86)
9232 RETAIL COMMERCIAL DISTRICT (C-1)
a Permitted Uses
,—"The following uses, or unlisted uses which, in the opinion of the Planning Commiss'
are resolved to be similar, will only be allowed in those Retail Commercial District buildings
ecifically approved for occupancy by the respective land use category. (Ord No 157,.—S-er—.
4.7, Ord. No. 264, Sec. 1; Ord. No. 896, Sec. 1, 11-21-83)
1. Retail businesses, exemplified by the following list, when conducted within a building:
(a) Antiques and curios
(b) Art goods
(c) Appliance stores
(d) Bakeries
(e) Bicycle sales (including repairs)
(f) Books and stationary
(g) Ceramics (not including molding, casting or manufacturing by any process)
(h) Clothing
(i) Confectionary
0) Department store
(k) Drug store (including sundries and notions)
(1) Dry goods
(m) Florist shops
(n) Food market (Ord. No. 293, Sec. 1)
(o) Hardware (but not including equipment rentals)
(p) Household goods and furnishings
(q) Jewelry stores (including repair and watchmaking)
REV: 1 -Ss
LU -2-29
ATTACHMENT 5
42 �17PI-
3.13 Administrative Adjustments
3.13.1 Purpose
The purpose of this section is to grant authority to the Director of Community Develop-
ment or designee to take action on requests for minor modifications or adjustments to
"Site Development Standards" 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 not applicable to
entire subdivision site development standards in the case of the residential property.
3.13.2 Applicability
For the purposes of administering this section, an adjustment is any minor variation from
the 'Site Development Standards" section of the residential, commercial, mixed-use or
community facilities use regulations. Parking and signing regulations while detailed in
Section 3.10 and 3.11 are referenced in site development standards and therefore eligible
for adjustment.
Administrative Adjustments may allow the following:
A. A decrease of not more than 5% of the required building site area.
B. A decrease of not more than 10% of a required building setback.
-- C. An increase of not more than 20% in the permitted height of a fence or wall, subject
to city approved structural design.
D. An increase of not more than 10% of the permitted projection of steps, stairways,
landings, eaves, overhangs, masonary chimneys, and fireplaces into any required
building setback.
E. An increase of not more than 10% in the permitted building height.
F. An increase of not more than 10% in the permitted height or area of allowable sign-
age in Section 3.11.
G. A decrease in the number of required off-street parking spaces for non-residential
land uses up to a maximum of 10% for Neighborhood and General Commercial
areas. Uses within the mixed-use area may be granted adjustments commensurate
with a Planning Commission approved transportation management plan or shared
parking plan prepared by qualified traffic engineer. The Planning Commission shall
include findings in its determination addressing the following:
o The intent of the parking regulations is preserved.
o The parking provided will be sufficient to serve the use intended and potential
future uses of the some site.
o 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 pro-
perties located in the general vicinity.
3-56
3.13.3 Procedures
Applications:
A. An application for an adjustment shall be filed with the Community Development
Department pursuant to its current application procedures and fee schedule. A
single application may include requests for adjustments from more than one regula-
tion applicable to the same site, or for more than one regulation applicable to the
some site, or for similar adjustments on two or more sites have the same charac-
teristics.
B. Public meeting: 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.
C. Findings: 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.
D. Decision of Director: 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 vari-
ance in accordance with the procedures prescribed in the City Zoning Code
3.14 Anx!ndments to the Plan
Any amendment to the East Tustin Specific Plan Sections I and 2 which changes any pro-
perty from one land use area to another, imposes any regulation upon property not there-
fore imposed, or removes or modifies any such regulation may be inititated and adopted
on a sector by sector basis. Only the sector or sectors proposed for amendment shall be
reviewed in the amendment and subject to the Public Hearing Process.
The notices of public hearing for amendment to any sector plan shall be published in a
newspaper of local circulation and mailed to all property owners within the specific sec-
tor and to all property owners within three -hundred feet from the exterior boundaries of
the sector.
Amendments to the East Tustin Specific Plan Section 3 shall be initiated and processed in
the same manner set forth by the City Code for amending the City Zoning Ordinance.
Notices of Public Hearing
Whenever any portion of the East Tustin Specific Plan specifies that a public hearing be
held prior to a decision on a particular application, notice of such hearing shall be given
as provided by the City Code for "Notices of Hearing" of the Zoning Ordinance of the
City of Tustin.
3.15 Enforcement Provisions
Section 3 of this plan has been adopted by ordinance and is therefore sub -ct to penalty
provisions of the City Municipal Code. Specifically, violations of land use, Development
Standards or Performance Standards shall be subject to Part 2 Penalty Provisions and
Part 3 Citation Procedures of the City Municipal Code in addition to the city's authority
to seek civil litigation in a court of law.
3-57
ATTACHMENT 6
DESIGN / ZONING
REVIEW APPLICATION
COMMUNITY DEYELOPMENT DEPARTMENT
TUSTIN CITY HALL
300 CENTENNIAL WAY
TUSTIN, CALIFORNIA 92680
544-8890 ext. 250
DESIGN/ZONING REVIEW APPLICATION
The City Council of the City of Tustin finds that poorlandscaping
quality
ual i yin
the exterior
xterior
design, development and maintenance of structures, Pi 9 and
appearance affect the desirability- of the community as
1 di noe. be Prior
o o the
issuance of any building permit for new structures, 9s
and signs to be constructed or modified, the Community Development Department
shall approve the site plan, architectural design,
landscaping
env ala d fora ad pergodgof
where applicable, for such development. Approvals
eighteen months. The decision of the Community Development ens DeDepartment d days
hof l the
be
final unless appealed to the Pni decision. si Applications , ifor Desi gn/Zoni n
Community Development Departments
Review will be accepted by appointment only.
Property Address
Zone District
Requested Use
Property Owner
Mailing Address
Telephone Number
Submitted By
Mailing Address
Telephone Number
Architect
Proposed Project
(Name and
Description)
Accepted By:
Date:
FOR CITY USE ONLY
Assigned File No. DR:
n and attached plans submitted to
Copies of this applicatio
the following departments for review by
Date
Building Fire Engineering
- -- T-"�o1Ial�— '�—r r-'N.camr--. .o—+ --...
Police
DESIGN/ZONING REVIEW CHECKLIST
Required Plans:
Six (6)
sets of dimensioned plans
containing all necessary
information to
complete
a Design and Zoning Review
of the proposed project.
Information
regarding
Design Review involves:
architecture, landscaping,
color scheme,
materials
and signage. Refer to,
attached Design Criteria.
Information
regarding
.Zoning Review Involves: 1 and use, site and its -immediate vicinity,
parking,
heights and setbacks.
Each set of plans shall include:
* site plan.
* elevations, sides, front and rear.
(include front elevations of adjacent structures when
appropriate)
* preliminary floor plan and roof plan.
* preliminary or final landscaping, where applicable.
* preliminary grading plan.
* Master Plan or guidelines for signage where applicable.
* set of colored elevations and rendering.
* materials board and color scheme.
DESIGN CHECKLIST
I. Indicate the following items in the landscaping plans:
(Refer to Development Standards for Parking and Landscaping)
required and proposed landscaped area, size and number of trees.
lighting.
pedestrian circulation, access and paving.
vehicular access.
drainage points and irrigation system.
description of basic landscape concept.
gated trash enclosures.
treatment of perimeter walls.
* 2. Indicate screening of mechanic equipment in the roof plan.
* 3. Indicate all materials and colors in the elevation plans.
* 4. Describe major architectural elements.
In Case of Remodels
* 5. Include adjacent buildings on elevation plans.
* In case your project consists of a Facade Remodel only, submit three (3)
sets of plans containing all items marked with asterisk *.
l 1 rr r�r-� � i n i r t rl I—� � A � r'1 /1 m a� n ♦ (1 ,� r, -. � . .� , -.. , .
Design/Zoning Review Checklist
Page two
•* 6. Describe proposed changes.
* 7. Provide pictures of existing building.
ZONING CHECKLIST
1. North Arrow
2. Title Block: a. Drawing Scale; b. Name and address of applicant;
C. Date of preparation; d. Number of units and unit sizes (i.f
residential)
3. All boundary lines on the subject property fully dimensioned and tied
In with the centerline of adjacent or nearby street.
4. Setbacks, required and proposed.
_5. The name, location and width of any adjacent public or private
streets. Widths should include any required street widening.
_6. The name, location. and width of any water courses, structures,
irrigation ditches, and any other permanent physical features of the
land.
7. The width and location of all existing or proposed public or private
easements.
_8.
All proposed public improvements properly dimensioned.
9.
All parking spaces proposed and required. Drive aisles drawn
dimensioned with the flow
and
of traffic noted by arrows. Tabulations
the number of parking spaces for each
of
use.
X10.
The location and width of all vehicular and pedestrian access
openings into
and out of the property.
11.
All proposed walls and fences, including height and material, and
proposed exterior lighting.
all
12.
The zoning and existing land use of the subject property
properties contiguous to its boundaries.
and
13.
Location of nearest walls and structures and adjacent properties,
use therein, and adjoining driveways.
the
Design/Zoning Review Checklist
Page three
* 14. A brief description or the intended use of the property hours of
operation, number of employees, and other general characteristics that
would apply to the proposal.
15. Indicate all existing fire hydrants, catch basins, gutters and water
main sizes within 200' of project.
16. Indicate building size, lot coverage, type of construction, and
building elevation.
17. Indicate all existing street lights, utility poles, trees and cions
within the public right -of -way adjacent to the site, as well -as
utility poles and trees on site.
18. Indicate existing buildings (indicate those to be removed if
applicable).
Staff Review:
Submit Design/Zoning Review Application by appointment only. Appropriate fee in
accordance with attached fee schedule must be remitted upon receipt of a completed
application. Refer to Design and Zoning Checklist for application completeness.
Your application/project will be filed and a planner will be assigned to work with
you through all phases of development processing. Refer to attached diagram and
notes for details on the Development Plan Approval Process.
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DEVELOPMENT PLAN APPROVAL PROCESS
Diagram Notes
* Preliminary Zoning Check: Any available planner will evaluate a new
proposal and determine which route it should follow: Major Design Review,
Minor Design Review, or Plan -Check Route.
In case the project is ready for �lann check the planner will sign -it -off,
and return it into the Buildingsion If the project needs Design
Review, the planner will either/or:
-provide you with a Desi5n/Zoning Review Application and set up an
appointment for you to submit a complete application. In this case
you will follow the Major Design Review Route.
-process your application through the Minor Desi5n/Zoning Review
Route. I.n case of signs, ( instead of a planner), the Building
Tiv sion will file your application and will turn it -in for Design
Review. After completion of Design Review, plans will be transferred
back to Building Division for plan check and permit issuance.
NOTE: The available planner is responsible to determine which route your
project should follow.
(a) First Step Design/Zoning Review: Submit Design/Zoning Review Application
by appointment only. Refer to Design and Zoning Review Checklist in the
Application. Your application/project will be filed and a planner will be
assigned to work with you until your plans are ready to proceed to plan
check and/or to public hearing. Fee is applicable for environmental
assessment at this time.
*1. Circulation of Plans: Once the application is accepted by the assigned
case planner as complete, it will be accepted for processing. You can
expect this process to take at least four weeks. Your application will be
circulated by the case planner to the appropriate technical departments for
their comments and conditions. Your case planner will complete this
process for you. It may be necessary for you to meet with various
technical departments to solve problems that they may see with your
particular development. In each case these meetings will be coordinated or
suggested by the case planner.
*2. Development Review Process: Your case planner will be responsible for
co ecting all of the comments and conditions which may be attached to
your project. When she/he has gathered and collated these conditions and
comments, an appointment will be scheduled with you to go over these
items. In the process of incorporating the recommendations into the plans,
further review by other technical departments may be required. You will
have continued assistance- from the case planner in this process.
Development Plan Approval Process
Page two
(b) Second Step Desi n/Zonin Review: Submit revised plans, incorporating
staff recommendations. The case planner will not accept the application
for processing unless all required components of the application are
complete and in order.
There are fees for Design/Zoning Review and for Negative Declarations (when
applicable) at this time. An approval letter will be mailed to you
shortly. The letter includes (where applicable): a) approval conditions,
b) Public Hearing Application, c) Public Hearing schedule. You wi11 be
officially scheduled for a Public Hearing upon the submission of a
complete Public Hearing Application and payment of the respective fee.
(c) Minor Design/Zoning Review: Submit three (3) sets of plans (refer to Sign
App7ication and related design review criteria) .
(d) Public Hearing Application and Decision: Submit twelve (12 ) sets and pay
fee Refer to Public Hearing Application). A report will be available the
Thursday before the meeting.
Public hearing and- decision by the appropriate bodies will complete the
design review process and will allow you to commence and complete working
drawings for structural plan -check.
You will be notified in writing of the decision of the appropriate approval
bodies within the time stipulated in the Municipal Code. In the event you
wish to appeal or there are others who wish to appeal actions on your
project, certain time limits and procedures are available. Your case
planner can brief you on these appeal procedures.
(e) First Step Plan Check: Submit building plans and specifications - soils,
hydrology,.structural calculations, energy and handicap requirements (plans
must be complete).
(f) Second Step Plan Check: Submit revised plans for final Plan Check.
DESIGN REVIEW CRITERIA
Architectural Design Review is concerned primarily with standards of design
quality. In order to evaluate all design components, which together will create
high quality development, the following objectives are taken into consideration:
1. General Design Concept - to promote:
(a) conformance with the City General Plan, with the objectives of the
Redevelopment Areas, and Planned Communities when applicable.
(b) continuity of style but with Innovation.
(c) aesthetic enhancement, simplicity, suitability -and balance.
2. Architectural Style and Detail - to promote:
(a) distinguishing design qualities by introducing vertical and
horizontal articulation and by varying with mass scale elements.
(b) attractive street -level pedestrian orientation, by using
shadow -effects created by setbacks, courtyards, stepped roofs,
arcades, recessed portals, cornices and awnings.
(c) the use of aestheti.cally pleasing forms and shapes on all facades,
including sides and rear.
(d) distinctive stylistic features and details to highlight style and
major architectural elements. Discourage "faked" architectural
details for that authentic and/or functional pieces are considered
real decoration.
(e) compatibility in relation to surrounding architectural
characteri sti cs.
3. Colors - to promote:
(a) color compatibility among various architectural design elements within
the same building and among adjacent buildings.
4. Materials - to promote:
(a) high quality of materials, textures and of.construction.
(b) consistency with the project's style.
5. Landscaping Plans and/or Planting Materials - should -
(a) screening of service, loading and parking areas from public
right-of-way and adjacent properties.
Design Review Criteria
Page two
(b) promote proper vehicular and pedestrian
circulation, paving
and
lighting,
creating a safe and
pleasant environment.
(c) take into
consideration local
topographic and
climate restrictions
and
proper irrigation, drainage and maintenance.
(d) complement
and highlight the
architectural
design elements of
the
structures
on the site, such
as archtectural
style, color scheme
and
others.
(e) be compatible with the character of adjacent landscaping, provided
that the quality of such landscaping meets teabove stanTards.
6. Signage - to promote clarity, simplicity and appropriateness of signs.
7. Architectural Presentation - requires that plans submitted be complete,
neat and contain all i n ormation necessary to evaluate the factors listed
above, and be*prepared in a professional manner.
Development Plans Approval Process
Page three
*3. Planning Department Sign Off of Final Plans for Design Review Conditions•
At this step the case planner will be responsible for the-cking working
drawings to make sure all planning conditions and requirements imposed by
.the appropriate bodies have been incorporated in your plans and documents.
(g) Engineering Permits: Contact Engineering Department for projects in the
public right -of -way. -
(h) Inspections and Final Inspections: Contact the Building Division when you
are ready for inspections.
Fees Applicable - Contact Community Development for current fee
i nformati on.
Department of Community Development
PLANNING DIVISION
RESIDENTIAL PLAN REVIEW CORRECTION LIST
Preliminary Plancheck
Name:
Phone No.
Project Address:
Project:
Reviewed By:
Date:
The above-described project has been reviewed by the Community Development
Department as to its conformity with the Zoning Code of the Tustin Municipal Code.
Necessary corrections and additions are checked below. Corrections must be made
prior to Department approval.
1. Property Description
a. Provide and/or correct legal description
b. Provide and/or correct address
C. Lot or lot numbering or designation in error
d. Provide and/or correct Zoning designation
2. Orientation/Scale
a. Show/correct site plan, elevation and/or detail scale.
b. Show north arrow/correct orientation.
3. Show/correct easements affecting lots
4. Proposed use requires the following discretionary approvals (See attached
forms)
300 Centennial Way . Tustin, California 92680 . (714) 544-8890
Page 2 of 8
Date
Address
5. Submittal does not comply with Planning Commission/City Council/or
Community Development Department conditions of approval (See condition
numbers circled in Resolution)
6. Lot
a. Provide/correct total lot area
b. Provide/correct lot dimensions
C. Clearly denote right-of-way lines
d. Provide/correct existing improvements including utilities in public
right-of-way
e. Lot is not legal
f. Lot Merger, Parcel Map, Tract Map required
g. Provide slope analysis of lots within hillside district
h. Provide detailed acoustical noise study if within 60 CNEL
Interior noise level to be maximum of 45 dba.
7. Building
a.
Provide dimensioned floor plans.
correct
b.
Provide/correct floor area calculations.
b.
C.
Provide/correct lot coverage calculation
required
d.
Lot coverage of % exceeds maximum
permitted o %.
e.
Show/correct building height
required
f.
Building heights of exceed maximum building height of
d.
feet; stories.
setback
g.
Provide building elevations (dimensioned)
indicating architectural form,
e.
colors, materials and detailing.
setback
h.
Corrections to building elevations and/or
treatments attached.
8. Dwelling Unit Density
Other
a.
Provide proposed dwelling unit density/net
and gross acres
b.
Project exceeds allowable dwelling unit density
9. Yards/Setbacks
a.
Provide
correct
yard setbacks
as follows
b.
Minimum
setback
required
from
public street per zoning district
C.
Minimum
setback
required
from
centerline of primary or arterial highway_
d.
Minimum
setback
required
from
alley
e.
Minimum
setback
required
from
private streets
f.
Other
10. Projections - Provide/correct projections as follows
Page 3
Date
Address
70 W
11. Minimum space between buildings required
12. Open Space
a. Provide/correct open space sq. ft. _
b. Indicate amount of space in private open space
C. Private open space to count must be open on 3 sides
d. Indicate % of open space landscaped
e. Sq. Ft. short minimum requirement of
f. Open space exceeds maximum slope of %; questionable useability
13. Streets/Access Driveways
a. Minimum width required
b. Minimum driveway aisle
C. Show actual curb cut locations.
14. Parking/Circulation
.a
h.
on private streets
required at
spaces required; only spaces provided.
Short required number of covered spaces
Short required number of guest spaces _
Short required number of handicapped spaces
Location of handicapped spaces inadequate
Minimum turning radius required
Access to spaces/parking lot inadequate
Minimum stall sizes inadequate
Show curb cuts.
Show 3" striping detail on spaces.
Provide/correct details on marking/signing handicapped and/or compact
spaces
Provide driveway ramp profile maximum 12% grade, blended
Traffic directional signs or arrows required
6" raised concrete curb (maximum 2.5 foot vehicle overhang) or concrete
wheelstop required
No overhang permitted on compact spaces
Insufficient vehicle vertical clearance
Show/detail automatic garage door openers
Provide berming/screening of parking along street
Provide screening next to residential lot
Specify paving materials on plans
Indicate location, details on parking area lighting
Landscaping in parking area inadequate
Off-site parking/access agreement required
Provide/correct details on pedestrian circulation
Provide/correct parking lot grading and drainage
Page 4 of 8
Date
Address
15. Loading
a. Size/location inadequate
b. Accessibility inadequate
16. Trash Storage
a. Requires sq. ft. trash enclosure
b. Requires 6 ft. solid masonry walls (match main building materia s
C. Accessibility/location inadequate
d. Solid metal or wood gates with details on gate attachment
17. Fences and Walls
a. Maximum height exceeded
b. Provide wall details; for retaining walls, wall elevations with grades on
both sides
C. No structures over 3 ft. in front yard setback
d. Corner vision clearance inadequate
at street/alley intersection.
at driveway/street or alley intersection.
at corner.
e. Fencing/wall required
18. Utility/Mechanical Equipment
a. Indicate location of above ground mechanical equipment (transformers,
meters)
b. Provide screening of compatible with building treatments
C. Indicate location, height, size of rooftop equipment
d. Rooftop equipment to be screened; screening to be part of overall project
design not an afterthought (i.e. raise parapet)
e. Enclose of electric and gas meters compatible with buildings
f. Soundproofing required of
g. Equipment not permitted in street setbacks.
h. Each dwelling shall have separate gas and electric meters.
i. Locate all pool and spa equipment
j. Provide "dry" underground conduit to back of curbs and for cable TV
installation and internal wiring.
k. Provide distance from adjacent building openings
1. Correct orientation for solar panels
19. Signs:
a. Show location, size, copy, and colors.
b. Materials consistent with overall design
C. Corrections to sign program see attached
Page 5 of 8
Date
Address
20. Mailboxes - Indicate location, and design of mailboxes.
21. Accessory Storage - Indicate location, size, details
22. Landscaping and Irrigation
a. Provide complete/concept landscaping and/or irrigation plans with lists
of plant names (common and botanical), size, quantities, etc; irrigation
materials and layout; location of backflow preventors and automatic
timer(s). (Check with Planner about landscaping standards and submittal
requirements).
b. Correct landscaping plans as follows:
23. General: Provide the following:
a. On Title Sheet
1. Index of sheets.
2. Title block with project title, address, tract number.
3. Owner/developer and project managers name, address and phone number.
4. Architects or engineers name, address, phone number, date prepared,
wet signature and professional seal.
b. General Notes
1. All revisions on plans after initial city approval shall be submitted
to the Community Development Department for subsequent approval and
noted on signatured title sheets prior to implementation.
2. Note on plans that no outdoor storage permitted except as approved by
the Tustin Community Development Director.
3. All exposed metal flashing or trim is either anodized or painted
compatible with main buildings.
4. All existing overhead utilities exclusively serving site to be
removed, and all new utilities provided underground.
5. Other
Page b of 8
Date _
Address
C. Other General Requirements
1. Contact/or see the attached requirements and approvals of the
following agencies:
Cal Trans
County Health Department
Other
Public Works Department
Building Division
County Fire Department
2. Requires Redevelopment Agency approval; submit an 8 1/2" x 11" clear
acetate or xerox reduced transparency of approved site plan, and
elevations upon acceptance of project by Planning Division staff.
3. Requires environmental review; submit completed Environmental
Information Form (see attached) and submit fee for initial study.
4. Submit Fee for Negative Declaration
24. Additional Comments
Page 7 of 8
Date
Address
Page 8 of 8
Date
Address
ATTACHMENT 7
CHAPTER 6. SIGNS
86-189273
The North Tustin Specific Plan shall be subject to Zoning Code section 7-9-144.
Business signs, outdoor advertising signs, roof signs, and projecting signs
shall be prohibited.
Additionally, planned (unit) developments, multifamily projects of five or more
units, the RGO, PQP, and GO districts shall be subject to the following
regulations.
1. Only two (2) single -faced or one (1) double-faced identification sign at
the main point of entry to the development containing only the name and
address of the development, not exceeding twenty-four (24) square feet
in area for each face shall be permitted. One (1) additional twenty-
four (24) square foot single -faced identification sign shall be
permitted along any public street right-of-way upon which the propoerty
has frontage providing such street frontage exceeds three hundred thirty
(330) feet. Said signs shall not have internal lighting. External
lighting fixtures used to illuminate permitted signs shall be concealed
within plant materials or attached to and designed as an integral part
of the sign.
2. Permitted signs at the main entry point or along any other public street
right-of-way shall not exceed six (6) feet in height including any earth
berm, pedestal, base or similar structure upon which the sign may be
mounted. Height to top of sign shall be measured from the top of curb
for the adjacent public street.
3. Wall signs shall not exceed six (6) square feet in area. Said signs
shall not be located above the roof facia or eaves, shall not have
internal lighting and shall be made of a material compatible with the
materials of the building.
III -30
00
Exterior building materials shall achieve a residential
aracleraregnotdings
constructed of metal or concrete with very extensive glass
considered residential in character.
such
° flat roofs and mansard roofs are discouraged. Peaked
Variety
Continuous ro riate for the desired
as gable, hip or shed roofs are app P
in roof design within each building is encouraged.
roofs, windows, fre rhes, and
° The reflectivity of all exposed s�lrfacesuchadevices as overhangs, awnings,
paved surfaces) should bei�l.arted by
features.
trellises, plantings and s
ond story of a
Direcshall t line of sight views from -the secnon—residential
°aavoided
building into an adjacent residential district
istricg tsolutions include, among
sensitive building siting and design. clear story windows
o
others, no windows on walls facing residentialas�screens and setback of
on walls facing residential uses, skylights, opaque
the second story. Building siting or rstory
proPegn which orients the
tY line are also
second story walls at an angle to the residential
encouraged.
design should reflect an indoor/outdoor relationship, achieved
Architecturalg
a high void to solid ratio, in order to take advantage of the conducive
by g
climate and create a residential character.
districts should be
o Buildings in the professional office and
Thelbuildings in combination with
ly
oriented towards the street perimeter.
and site design features should be used to screen views of
landscaping
parking facilities from public streets.
Site desg
i n and architectural treatment of building site edger i t neighe
boring residential uses should be sensitively treated in o
the privacy of residents of both sites.
intrusion upon the
° Building orientation should be sensitive
to eithernwithiimzingbuildings or exterior
privacy of users of adjacent properties
living spaces.
Signs - The following
guidelines provide directions for the design
ic and
location
of signs within the specific plan area. Because signs are not typ
ound
'1 residential communities, the objective of thesess guidelines
ted is
in single fame y
to ensure a very subdued appearance to those
identialsdevelopments-
professional office, commercial and certain res
masonry or similar materials.
° Signs should be made of wood, aggregate,
of lastic, plexiglass or similar materials are in contrast the
Signs made P
area's residential character and should be avoided.
n in signs located within landscaped parkways along arterial streets
Freestanding g feet in height including
should maintain a low profile not exceeding six (6)
any earth berm, pedestal, base or similar structure upon which the sign may
be mounted.
11-1-90
c
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TUSTIN CITY CODE
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ATTACHMENT 8
7
86--a 69 T3
CHAPTER 7. BUILDINGO1==:.;TATION AND CHARACTER
In addition to the general guidelines contained in Division II, Chapter 1 of
this specific plan, the following standards shall be incorporated in project
design.
1. Roofs shall be sloped, of hip, gable or shed design. Roofs -shall have a
minimum pitch of one (1) foot of rise to three (3) feet f runn andnshall
have a maximum pitch of one (1) foot of rise to one ()
foot of ru.
2. Direct line of site to abutting residential districts from second story
openings, windows, balconies, stairways, stairway landings or other
architectural features shall be prohibited. Design
mited tsolutions
o, clear story
meeting this standard incscreens designot
nedl.as an integral part of the
windows, skylights, opaque
building, recessed windows, setback of the second story, and building
siting or orientation. Landscape materials may be used in combination
with but not as a substitution for an architectural design solution.
3. Buildings shall create a residential appearance in conformity with the
design guidelines and criteria of the North Tustin Specific Plan.
ed from view. The screening mat
4.
All roof equipment shall be screen l
Special
shall be in harmony with building lines, materials and color.
consideration will be given to mechanical equipment typically located on
the roof being enclosed within the building attic (pitched roof),
located at grade and screened from view, or located below
grade
when
structure.
accessible from subterranean parking facilities or a parking
5. The reflectivity of all exposed surfaces (walls, roofs, windows, frames,
and paved surfaces) shall be mitigated by such devices as overhangs,
awnings, trellises, plantings and similar features.
FM:jnPP18-1 III -31
6120
EXHIBIT 2
Community Development Department
CORTESE PROPERTIES, INC.
P. O. Box 5000
Laguna H,c,Ptz, CA 92654
( 714 ) 837-2020
September 14, 1990 •``;h
Susan Tebo
Community Development
City of Tustin
300 Centennial Way
Tustin, CA 92680
Dear Ms. Tebo:
We are one of the property owners of land included in Annexation #149,
Newport -Warren Annexation. Our property fronts on Newport Avenue and more
specifically identified as Assessor's Parcel Nos. 401-181-22 and 401-191-29,31.
We have taken the opportunity to review the Staff Report for General
Plan Amendment 90-02 and Zone Change 90-03 related to the proposed zoning
standards for our property and have identified conflicts that may restrict
our ability to develop the property. Based on our review and written com-
ments in the reports, the staff is merely recommending adoption of the
North Tustin Specific Plan Development standards for the development stan-
dards with some slight modifications to make them fit into existing City
of Tustin code language. The properties along Newport Avenue subject to
the GPA and Zone Change have unique and unusual characteristics such as
irregular shapes, minimum depth, requirement for street dedication, that
should require a more in-depth analysis of development standards that are
both appropriate and realistic in order to allow development of the pro-
perties. Using the development standards that are in the North Tustin
Specific Plan document have historically been difficult, at best, on some
of the properties. As you are aware, the North Tustin Specific Plan en-
compassed an area that was much larger and more diverse than this small
reach of Newport Avenue. In fact, several of the parcels along Newport
Avenue have not been developed because of the over -restrictive nature
of the standards making projects both economically and physically
impossible.
Our suggestion is to use the commercial development standards
currently in the City of Tustin code for the properties involved in GPA
90-02 and ZC 90-03. We feel confident if the City Staff does a review
of the property owners of the land involved in the area, these standards
would more than satisfy their concerns. Additionally, the City of Tustin
already has in place one of the most exhaustive and concise site plan
review processes, which further to protect concerns of individual pro-
perty owners on a case by case basis. In additions, there are incon-
Susan Tebo
City of Tustin
September 14, 1990
Page Two
sistencies among the existing zoning districts in the North Tustin Specific
Plan that provide a benefit to some properties that should be applied to
other properties, e. g. setback requirements in the RSF-GO versus PQP
districts.
We have submitted this in light of the Planning Commission comments at
their hearing Monday, September 10, 1990, and conversations we have had with
property owners directly abutting our site. We would like to be made aware
of any study sessions or meetings held regarding the above in order for us
to provide input into the process.
Sincerely,
C ES PROPERTIES INC.
R ss W. Corte e
Chairman of the Board
RWC/ncw
City of Tustin,
Community Development Dept.,
300 Centennial Way,
Tustin, CA. 92680.
Dear Sirs,
September 26, 1990.
Re: General Plan Amendment 90-02
and Zone change 90-03.
We attended a meeting on September 19, 1990 at whic't,
Mr. Ross Cortese presented his plans for the 7.826 1,1cres
located in the vicinity of Newport and Warren Avenues
recently annexed by the City of Tustin.
We have reservations about the placement of 6.he building
planned to hold offices for four (4) dentists as we feel
it is too large and too high and will not sit ILLhe required
45 feet from our property line. We also do not believe
this building could be designated a garden office building
to comply with the Newport -Warren Planned Community
Regulations on pages 7 & 8, GARDEN OFFICE, Iten B, #2 d.
Yours respectfully,
Millard G. Black:.
Dorothy M`. Black.
14321 Cameron Lane,
Santa Ana, CA. 92705.
10
FOOTHILL COMMUNITIES ASSOCIATION
P.O. BOX 261, TUSTIN, CA 92680
September 28, 1990
oz Tustin Planning Clommi,Es1C?
300 Centennial Wa-
y
Tus+ ii.0 , CA 92 680
Re: General Plan Amendment 90-02
gone Change 90-0
Dear Commissioners:
Foothil l Communities Assoc_ ation had an act -1. .- rol e in 4k -__1_1e
development of the North Tustin Specific Plan and its revisio�_� 7_
986. We are pleased that City representatives !-,ave sj:ated that
the TN" TSP wi: 1 be ador,tea fC= t�'1e c. -ea. of r'ustin Annexation ru�
_
T1 -,e �dTSP was brought about �y the need to establish
specific land use regulation for areas under, pressure for change
t1 ut abL:t-esidential uses. WL}-- an estabs _shed and moo_ ced
-;Dlan, proper- y owners would know wh_.t ?'he nTTS'D
eS aL)l�shes a -o! tinned boUndar1r condition between 3ingl e fami� v
residential use and other uses `:'his P1ar. boundary Cond't-on
evGntS, the_ aegr'adati or_ of adjacent r esident_ a + uses. A
major consideration in t'r_e development cf the Plan's objectives
was to Prevent a negative _m,, -)act an thle taffic f7- ow of art r�
IIighways anc to prevent additional traffic or- residential
streets . �"3ie 1TSP was a hard-fought compromise betweer_ devel ope_
an. residential interests.
At the September 7-0 7-990 Planning commission Meet_,nQ,
Foothill Communities Association representatives commented on
Some of the between t1_1e INo''th TustJLn SD e.ci�_ r•
Plan and the Cit_ Cf Tustin 'r, -proposed Newport - Warren Planned
Community Regulations. We are disappointed that the City Council
gave direction to cancel the nlannec. workshop and had hoped to
work with t'':e P'_anning Co':?1mission in a good -neighbors v manner
that both-, communities would benefit. Therefore, at the rea_ues�.
of tie cit`_ �"O�P.'�i� [vP a'_G S,IhMitt_�'a 7-n? wr t.ina the to1_�'Ji1 �-
comment.S .-,gara- ig t�'?e -AOC11meI�+-. '7r`dl�Cet=� 1��' ,. E, OmTTI�irl \1
1-
DeveiUpment Department.
1. Use
'"hE� I�?TSP does. not a' Tara multi - family use :�.n th, "�'
district. The only reference to ' a, nne .: devel opment occur 1_t
{ he 4RSIF •1 r � the l ar:':en. Office Overlay �,�..ti on
,.. _.� � S e G �. 1v O .. i ?� O t i ri the
T�TSP does allow "Planned (unit.) developments. with -11.1 thy? base F,SF
ty '7 y_t C sect1 o': 77 9
�'.irt� ct per Orange Caen _ _:o.. a ode ; -- -
(IIT -5). The �onir.g Code sectio: states "�o�. residential plannee
�. evel onments there shay_ bre no minimum land area ti)e'_- uni t l)I:
�� r �l r i �"'' c`tG?, j-!C�yjP�T?_ t:?� r�!`rj Jc�ct n"'t <'.r<r'a shall
_`-'ave a'_-!.
_ 1 ivr ' �J,r�F + -_�71 1- i c. :Ylj1.1' .Y1�,m a.1 ea '!�i 1'_1 F
ave _ age 1 a_.C. ai ea ne ;+ _ "' _ ` -
`T -G? j�Y the base, c�istL Lct The base RSr a Jt -1 pct
_ eCiU eV rrT 11 thousand ( .V , 000) Sguar e 'Leet mii'��.:Y i).n='.ss
otherwise spe_ifiea' on t1 -1e land. use district map (ZIT -6) .
other words-, �,+��-ltinned revelopment woula have about 4
C.e tacned houses per �.acre.
Clearly, with C:tv stc«='S-r!te-Ipretat41 _on, aCounty al--
designated RSA` would be subject to the came i nt-e,_p,-etati on and.
_f an::e: ed zoned for Llnyts Vie- acre, The Ont reference -to
Manned developments occurs jn the RSF section, not the Garden
Office overlay -_section
reporter was supposedly told 'may the
fi local newspaper r
Community Development Department that language to enable the 15
unit mer acre. use can be found in -the rNTSP. ZI-1-72. The
Implementation Strategy on that page explains what was
tense not what Sl,ou' d be done, by the
a;ccompl _shed (past. � ) , -�jA
Plan. "Certain features are included in the
creation of the lan .
Brie - Cif C :.,arid Use flan. `71-lese feG..'- e;, _�1C'_'uC��: 7.
Extending medium and medium-high density beyond ex4s ing
Ong only w�'!e!', D� rCel C'On� O 1 -?c t :1_ L the '.Ji si�ned
C,esiC;na �i - Y
devel o_pment process can be used to mair:tain compatibi 1 __ty
ad 10 :! .'_1G� JSeS . " r'_'h1 S r� taken place, and the NI haS areas
< � has i
J
designated RSµ -CT where a density incentive is given for �.he
. ombil�atiori o _r��egul a_1,� shapeddensity
'�''_ '1'^SP also has
areas designated RSA` -PD to take advantage of site planning for
l y Secy; on _TZ of t},erP' an
ar e pa ceps . Additions:1 ,
document was adopted by ordinance for the County of orange.
Discretion
ror both the RGO and RSF-GO designaticns, the NTSP lists
allowable uses and states, "A11_ uses not permitted above are
.0 oy ��, � � .r ( T T T r 2 ar1C T T �,-; � m�,r, proposedrrust_n documentthe Director of Community Development. the r;ght to
gives
gi��a
determine whether listed -.-,::;es a._ pe-_::z-tteci.
The NTSP _s site specific. Each parcel was studied and
n,�,,,.,{ C^:'_s- df =` r -he _ I F_ _ � E,
. _
were
_..�dere,tet �,, __ �ed o "ne those that would Create t - e least number _c,'__
tr.t + - nr �r_d ?Ofi _P_t 1 C!e On t: e nei ghl-bor ^'
lie
T._c L_ 1 �, ��1�. ,
cep Fo instance , Medi cal and dental 0-� cmc a°-~' nrohiIitec' in
+y RSF-t/,Y' Str'.Ct. h,-'`;aiuse of the h cxh�-- t.-af fi-�' �,�c�l t��-; they
�j �• O d 1 - 1 1.
wool � produce. More vehicular tri -Ps cause more noise for nearby
residents Who 7 ahut-ar�ring C`t.:� ar:C� more ..nterfer�?r Ce �tii.l t_1
Additionai'_v many of t'tlese additional trips
��rte_ia.l flow. - j - � -,-
Vire Avenues
ou1d�mpact WarrenWarrena�i Ganderl _ ' li,
e
q because left turn ea i:ess w:i 1 p-�oba1 3 _l
Of Annel.ation #1=��) �
j / O 1.._ �c,l-ile
rl �, j"
d a
ve J r;g jec.t 1
ii r is 1.i i. \` ^-
1' _ -e _dential mproo ver, street
_ .
�' 4 hose res
T e prr c 'i l �i1- rl Tj1 . states that dec -i s1 lons 0
+-�,e Planning Commission.
o�, r,�
Di � ecto� .�?-�� appeal abl f� to ; ' ` _ ,
1" ^ iv a -
;J �'
to tL.
he appl, anL.n
section 4.7 Mnc� ndi X'icat .ons�Adjus�?en�.c na- us
i ' }� �' �-h i a. a ,•1e`Te1 0pme= t Stan �ar6,s of + �=e
si cai y c _anger I
i.:"? ;: ca '1 C� s a' r i ` Sect
7 O n ? 7 : �..� o C f
_ r e discretion Cf the
i o f o� thes!e� s and rJ a L: _ y +
\�; �� `i?'11 ',�% DeVei'.7 pr�e .��Zit �� n�� r; `)'�)�.. :: .:-it .�!rV c.. _.i �Y C)
mm _ L� n } �1
,. t
_ l t.h t �ecis� on by anyone other than the applicant. h
an -veal � a �. -. �.
be noti�ied o� t'_:e p� b"' ' meet -„ng that the D4rector or his
-
Again the '"'cl' - s site spec_fic With :ilinl?TiU:`l
aesignee conducts , 4 NITS y
d L ' S1- D e met MOr devel opment . I law T?'Ll. tin -1 arl
standards ;. h a � mu '_ n -- �.
i.ntroduce� in stabil it
y ween that dec�s� o-� i s reing ;,arae nc�
a
CCQrd?ng to f,Xed lana 1 .-- *�e'-'c;o ai cl'sc_.�tion
3. Signs
outdoor ' -
The rdTSD prohibi is ;bus i Hess signs , ad.rLrt:.
signs, roof signs , and projecting signs . The T�awt� n plan allows,
S� r rAI t gh some of the language o
signs pe:. the Tustin Sign .�� e . _: ou
the NTS? Guidelines for signs appears wlt':Ln the Tustin document,
-Y %,,1 4 -he language c r , nte-n�
the Tustin document does n o t car .- - -
tr`e Nr7SP , We L s- and that it may seem easier to have a
T , can uncle
Coin. d
^it'Twide standard, but a benefit of the 'TSP was i ._aL
app' y to a limited area with sr_,eCific opportunities and
_ _ v^ ; - � al _,a, -t of �.le Nrrsp is the lye:1 t� c,..:, on
COl:� r:tom An gilt- r,
l+ L- i s _�. n 1 l
n non-residential arra: where only iocato� signs are
signs, i �y
., L, +- .� m__ �- r o c um e n t i s i n c o�� �:� a t _. o_ e G•+ .� . ,.
a1 _. owed .t tne-2resen.. e _ u
1
I- NT7Sp.
4, Procedures
st; n document's 4 . ^ S_t`' Pl a=' Rev;4 ew may ' im:�t * he
� ,_ � s in the r w There appears to be
nput of interested pa: _ie �_ p ores -
1�11'_ Uag entsir-rg not _ f _ �aticn mh entire a_ ea tl a:_.
:ler
oz,:-, Or'pJ (CTne south of Warren' would be developed In this m.arlY"�.-
:Des- _e--iew ny t �e Commur_ttY Deveropment 'cet-:�e.r_t
e. tO�rh'�Y t�'lo.t OL �tOnCept ua plans . The NTSP reaUl res
Je_ f C' '�r C."umenLct� t -- e me ^_ - �_. - _
-� i ,- �? i t that the _jrp c r,f the '-';_ C,_ e c t C
_4�- et_ona 1' Im s
r
as
t_'L O'7 '�'�1S
J C i
'
fr� moi, ,o ltt� L Warren dr a-�1 O �. ?t= GJC'� t i tii� rlea_'.;J
` 1 �o l a be addressed in a�-�•,.i���� _ _.
hbors have concerns �h a = ` 1, `
CIL esi g 1evi ew. One parcel that was
Bevel opeto thy, ryTTSp
h '�L`C�..� mat:el V ? feet Of L`etain ng wall l l and fence abutt iP.y
lo tti,e west because the Bevel o>���` ,.'�:�oosf {
�.'. hi property so i t would drain to Newpor�
Avenue.
5. Additional Comments
'ASF c• �C+�.�: os �.E TTMS pr o�i�ly�]. tS "The storage c) f
iO
- eaui'��Tltent C prod E''_at`C? to a Comme``c1 <'Ct.iV1' _
�� .`J �. J. I� r T T%L. _,1 `� '• '• ,
l �nca Mage . __ trig ?''_ std ?lam document
7S 4.�10 present use Cif+ f h
,. ,� �� Gey s r?or11, { � �Ta-- - en Avenue as a E 'est:. � COn
r c.
a, al a,.
allowable under present zoniY:" or the p:-0IDoaF. ? ZOr1iI7Cf?
m C - r, } 1, F r1? ^� • '� ' e q L-1 i r e s a n M 40,000
t.1 a _. E`.
L-
standa was , y;e L r n
For the vehl (-- u_ at' aCC -SS _ .
�_
why is -parcel
181 -?2 not _Lnc_U e��..
T, -a s h Ca storage e a s are prop h te— Withir•
� ��_C Pi }l G1 �L 1. _ 1 '1_! the �'GO al - L--'� ( T T _-1 ? ) It
cE c,'�tmed' the 1 or a' 1'�-. ii' `i �� consiQer d 1i-1 the pL�bl J. '_`eV�� et:.t
CV V'IV ..
rmUSt1T:anDoes the
process for the RS -GO permits.
1t!i�
_
Wti'_acement of dumpcter
��^! •,, + t ust_'_� r'+oc iy,.e-_ ,-Ff er 4--o "Mason��y
Page 15 o ^ f Ppt ' !, 0.
i; n mum" should � be
s a minimum
c� a.Y ger '� o "ma::; •m . ►,
Thjtc-
m17 s' t- Q� )4 W�'1 1 ria 0r
n4.'� �'dOWs , bwl ccn es
strlcts f?'-o,Y_ second s o_r Y - oJe4 _ng_c
� L.a- � a:�s Jtt i rwc,y d;. _gs or __ - _
- P �
shall be prohibited. (TII-31) This is mentioned. _
nUr e and T'�tont. Sect Cn of the tzSt- P_ Pl an _or pSF-GG
fo_y CO. The Design Guidel ones and Standards in the TUst- pl az�
�Gti'h�.r3-1 a3'e ;lpt "C-r`_.a�!ce- t__e NT SP
State "D11`�Ct
s, al t views from the" second story of a cion-t`es_dentl�l b�y�d_ng
1. V 1 1
tc an a' �acent resident al district shall be avoided 4hroua--
i, #12}
sensitive building siting and design. (p• 20.
�" -, � the same meaning cS "�?`^hl� L �E� . 11 FGr
_
.voider� does �_o � cap r
should clearly
co:r�pat4 bil it-% to the NTSP, the Tustin document �� _
�rohibyt direcf ,;.aht onto nearby homes and yards.
N
aha f rms� / TTT-?� ) S -ates , " OGfS S�lal' be
• p e� 7 o the r� `
oiled cf b, 10 o_ hed design. Roofs sha11 have a `rim irr.,um
^ c,r
one ! 1 fco'- of se to three ! feet of run and. shall
.� - m �, � }' I"' L+ 2' � ;1 e l t '1 o � L , '��.- t ., o T'� e, ? > �. o L r
is an,4 ntegr�� ' L. the '�'"'SP� and
Cl '1111,
L, cl
a n 1: rD 11 !' C) 1, :;17 7 0 11 S J Cl E? 1: El _.on of F. comments
S i n c e r el
lari.c-7
cr.. Common Talk
77 11 E� I'll S 11 DT EO 14 is
7'r -i --. T,,:, ._7'- B re i'- 1- y
September 27, 1990
City of Tustin
Planning Commission
300 Centennial Way
Tustin, CA 92680
PSE: Zone Change 90-03 and General Plan Amendment
90-02
Dear Commissioners:
I have enclosed a list of 23 direct quotations,
taken from public records, indicating the City of
Tustin's commitment to maintaining the zoning of
Annexation 149 "exactly as it is,"
People far more knowledgeable than I have pointed
out to you serious discrepancies between the proposed
new zoning and the present North Tustin Specific Plan.
These differences include "administrative adjustments,"
as well as the permissibility of condominiums, apart-
ments, and medical/dental buildings.
The decision before you is a simple one. The
proposed zoning is almost the same --but not quite.
The City of Tustin cannot "almost" keep its word; it
cannot compromise its integrity. It is up to you,
Commissioners, to preserve the public trust. Please
uphold the North Tustin Specific Plan, as we were pro-
mised.
Thank you,
n
Nancy Ha Ilton
18681 Eunice Place
T stin, CA 92 80
nnis Hamilton
18681 Eunice Place
Tustin, CA 92680
June 28, 1989 Interoffice memo from Christine Shingleton
to William^Huston: 14In response to opposition to pre-
vious annexations, the City Council has gone on record
in writing as well as at annexation hearings that they
would support the North Tustin Specific Plan and would
not be interested in the future re -zoning of property
within the Specific Plan area."
Resolution 89-127 (Annexation 149). "WHEREAS the City
oT Tustin has t e ability to extend the full range of
municipal services to the subject territory to better
serve the needs of the residents of the area,,."
(emphasis added);
September 5, 1989 City Council Meeting, In response
to ques tions - r1om the audience, this exchange took
place: Planning Staff representative Laura said,
'Staff would recommend that we adopt the same zoning
as is on the property."
Mayor Ursula Kennedy: "What you are saying is we
would leave the zoning exactly, as it is in the county,
as we bring it into the city?'
Laura: "Basically, we would not change the pro-
cedure, the process, or the uses permitted in the zoning
area. (The City) would have the same zoning restrictions,"
Se tember,l4, 1989 Tustin News. "Hamilton was assured
that the zoning wou notbe--altered after annexation."
October 12 1989 Tustin News.
a. City Manager William Huston quoted as saying,
"the rezoning simply means the City will
commit to putting a new (for the city) desig-
nation on the property to conform with the
North Tustin Specific Plan."
b. "City officials insist the plan is to rezone
the property to conform to its presentnrden
office overlay designation. This will the
first --such designation on city books,"
c. Councilman Richard Edgar quoted; "I have no
intention to allow anything that couldnIt
exist under the existing zoning. My feeling
is, first of all, that I never used the word
'flexible,' I just said I wanted to follow
the North Tustin Specific Plan."
October 16 1989 City Council Meeting. (Tapes not
avallable. a en from the Minutes.) "The Council
had publicly stated the subject area would not be
rezoned prior to annexation and following annexation
the City was committed to transferring the existing
North Tustin Specific Plan zoning to the subject
property."
October 18, 1989,Oran e Count Register. "The City
ounc I'sai�d previous y iwould use the zoning restric-
tions for the area contained in the county's plan for
unincorporated North Tustin,"
October 19 1990 Orange County Register. City Manager
i iam Huston quoted as saying the City ''would not be
interested in future rezoning of the property."
IBID. Councilman Edgar quoted: "We certainly have
ttE-e best interests of the neighborhood in mind. We're
not caving in to the developer." The article continues,
"Edgar said he would abide by the North Tustin community
plan, but he acknowledged that the City Council would
have the discretion to allow minor deviations from the
plan as long as the developer fulfills the intent of
the ordinance,"
November 1 1989 LAFCO Staff Report recommending
approval of Annexation 149: "Although the City of
Tustin has no zoning category comparable with the
specific plan's designation for this site, the City's
stated intention is to process a Planned Community
designation for the site and adopt the standards con-
tained in the current North Tustin Specific Plan,"
November 2 1989\Los Angeles Times. "City Councilman
tichard gar said the councilwas no plans to change
the use of the land from residential and mow -density
office use."
IBID. "Removing the strip from the jurisdiction of
`tHe-North Tustin Municipal Advisory Council denies local
residents a say in the us,e of the property," Hamilton
said,!1
November 2 1989 O.C. Register. "I don't think the
a y s going to sten to county residents voice our
concerns," said Nancy Hamilton, a North Tustin resident.
"So welve lost our representation."
Januar 10 1990 LAFCO Staff Report. "Although the
My—of ust n currently has no zoning category com-
parable with the specific plan's designation for this
site, the City's stated intention is to process a
Planned Community designation for the site and adopt
standards consistent with the current North Tustin
Specific Plan."
February 20, 1990 City Council Meeting. "We would no
Ioiggerhave our own elected representative body to
'safeguard our interests in the development of this area,
The possibility exists that the zoning could change
dramatically after annexation or be altered with
variances, and those of us most affected by the change
would have no recourse,"
February 22,-1990-O.C. Register.
a. "Several neighboring residents said they feared
the city would not listen to their concerns,"
b. The City Council "voted, 3-1, to develop a
community plan consistent with the strict
zoning standards of the county's plan for
unincorporated North Tustin,"
c, "Under the county's North Tustin Specific
Plan the area is designated for single-
famiiy homes. Two-story office buildings are
allowed, but there are strict requirements
such as large setbacks to make the buildings
blend in with the residential neighborhood,"
February 23 1990 Tustin Today. "The council also voted
3-1 Ith Councilman Earl -T, Prescott dissenting, to
develop an ordinance that would make zoning of the annexed
parcel consistent with that of the North Tustin Specific
Plan, The current plan calls for the area to be developed
as a residential neighborhood with a garden office overlay."
March 1 1990 Tustin News. "City officials have publi-
Fa y committed to rezoning the annexation area to con-
form with the current garden office/residential zoning
of the current North Tustin Specific Plan."
September 13 1990 Tustin News. Quoting Bill Melton,
EMA planner, 'They would have to approve a zone change
before they could get that type of desnity. It sounds
as though they (the city) are interpreting it the way
they want to..."
September 20 1990 Tustin News. Quoting Ma or Edgar,
"I -don't t n people outs—EU—the city should be talking
to staff."
NEG14 (IV
E DECLA-RAmk .ON
G �
` CITY OF TUSTIN
92680
S't 300 CENTENNIAL WAY, TUSTIN, CA.
Project Title: General Plan Amendment 90-02 File No.
Zone Change 90-03 .
Project Location: 7.826 Acres in the Vicinity of Newport and Warren _*venues
Project Description: A proposal to provide general plan and zoning
designations
Project Proponent: City of Tustin
Contact Person: Susan Tebo Telephone: (714)544-8890 xt.291
The Community Development Department has conducted an initial study for the
above project in accordance with the City of Tusti n s p rodedures on the regai s ing of
implementation of the California Environmental Quality Act,
that study hereby find:
That there is no substantial evidence that the project may have a
significant' effect on the envi roninent.
That potential significant affects were identified, but revisions have
abeen included i n the project plans and agreed to by the applicant that
would avoid or mitigate the affects to a point where clearly at
significant effects would occur. Said revisions are attached to and
hereby made a part of this Negative Declaration.
TharPfnre_ 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 appropriateness of this Negative Declaration
during the review period, which begins with public
l i c U review by notipon ce
Negative Declaration and extends for seven calendar
the Community Development Director, this review period may be extended if
deemed necessary.
REVIEW PERIOD ENDS 4:30 p.m.*on August 23, 1990
DATED: August 2, 1990
Zd&
ommunity elopment Director
INITIAL STUDY
ZONE CHANGE 90-03
GENERAL PLAN AMENDMENT 90-02
Section I - Background
The proposed project is 7.826 acres in area and forms an irregular
shaped boundary west of Newport Avenue, located immediately north
of the First Baptist Church and south of Edgewood Private School.
The project site is currently developed with six single family
homes and seven professional office buildings. The property is
bounded by professional office and single family residential
development to the north, commercial and single family residential
to the south, single and multi -family residential to the east and
single family residential to the west.
The project is an amendment to the City of Tustin General Plan
designating certain unclassified properties on the Land Use Map of
the General Plan to the PC (Planned Community) designation, along
with a proposal to zone these same unclassified properties recently
annexed to the City of Tustin to the PC (Planned Community)
district. Said properties were previously zoned North Tustin
Specific Plan Residential Single -Family Garden Office (overlay) and
Residential Garden Office under county zoning designations. There
are no development plans associated with this request. Subsequent
development proposals may require separate environmental
assessment.
1. Earth
Items A, B, C, D, E, F, G - "No": The site is currently
developed with six single family homes and seven professional
office buildings with three vacant parcels. The zoning and
general plan designation will not alter the site
topographically. There will be no impact to the site by
erosion, siltation, earthquakes or geologic hazards.
Additionally the zone change will not allow any activities
that were not permissible under County zoning designation.
Sources: Proposed Development Standards
Mitigation/Monitoring Required: No mitigation required at
this time. Further environmental assessment may be required
for all specific development projects. All future projects
shall be subject to all applicable grading provisions as
outlined in the Tustin Grading Manual 1990.
2. Air
Items A, B, C - "No": Any development of the subject
properties will be exposed to vehicular fumes that are
emanated by vehicles traversing Newport Avenue. The zone
change and general plan amendment will not in itself
contribute to air emissions or degrade air quality. Any
Initial Study
Zone Change 90-03
General Plan Amendment 90-02
Page 2
projects proposed in the future on this site will be analyzed
for their contributions to air emissions.
Sources: AQMD Standards for Preparing EIR Documents
Mitigation/Monitoring Required: No mitigation required at
this time. Further environmental assessment will be required
for all specific development projects.
3. Water
Items A, B, C, D, E, F, G, H, I - "No": There are no bodies
of water that exist on the site. The designation of a planned
community land use categories will allow for limited office
and residential uses which will not result in any impacts to
water currents, rates, alteration, change of surface water,
alteration of direction of water, quantity of ground water, or
reduction of water or water related hazards. This proposal
will not alter any development intensity not formerly allowed
while under County of Orange jurisdiction.
Sources: City of Tustin Building Division
City of Tustin Public Works Department
Mitigation/Monitoring Required: No mitigation required at
this time. Further environmental assessment will be required,
for all specific development projects.
4. Plant Life
Items A, B, C, D - "No": There will be no change in diversity
of species or number of animals or introduction of new species
to the site or deterioration as a result of the general plan
and zone change. Plant life conditions will remain the same
as under County of Orange jurisdiction.
Sources: Community Development Planning Staff
Mitigation/Monitoring Required: No mitigation required at
this time. Further environmental assessment will be required
for all specific development projects.
Initial Study
Zone Change 90-03
General Plan Amendment 90-02
Page 3
5. Animal Life
Proposed land use categories will have no impact on any
wildlife or animal habitats. Also, existing uses on and
surrounding the property greatly limit the type, number and
longevity of any substantial animal species which would
inhabit the site.
Sources: Community Development Planning
Staff Field Observation
Mitigation/Monitoring Required: No mitigation required at
this time. Further environmental assessment will be required
for all specific development projects.
6. Noise
Items A, B, - "No": The project area is located in a noise
sensitive area as outlined in the noise element of the General
Plan. The proposed zone change and general plan amendment
will not in itself create increased noise levels over what is
existing or what is anticipated. Future site specific
projects will address any potential noise issues. The zone
change will not introduce any other noise sources not allowed
under County designations. The noise levels in the project
area are not projected to increase substantially; and
therefore, noise impacts to both indoors and outdoors are not
expected to exceed established standards.
Short term noise impacts as a result of future construction
activities may occur if unchecked.
Source: Noise Element of the General Plan
North Tustin Specific Plan
Tustin Noise Ordinance
Mitigation/Monitoring Required: No mitigation required at
this time. Further environmental assessment will be required
for all specific development projects. Non-residential
projects may be required to provide a noise barrier between
the parking area and adjacent residential units as a result of
design review. Additional options are available to achieve
exterior noise level standards which include: site design,
acoustical barriers, building setbacks and orientation, and
berms. Options for interior noise levels may include, a
Initial Study
Zone Change 90-03
General Plan Amendment 90-02
Page 4
"summer switch" system on the heating unit for providing
ventilation while windows are closed; additional weather
stripping; double glazed windows; special venting or non -
venting roof/ceiling constructions; and increased attic and
wall insulation. An acoustical report may be required.
Additionally, 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 any building.
All future construction activities will be regulated to
conform to the requirements of the Tustin Noise Ordinance.
These requirements regulate construction activities during
specified time limits and days of operation.
Compressors, air conditioning units or similar mechanical
equipment, located outside the exterior walls of any building
shall be screened from view from any abutting street or
highway and shall be enclosed. The location of the enclosure
shall be subject to design review. All such mechanical
equipment shall be maintained in a clean and proper condition
to avoid the emission of unnecessary noise.
Property owners within the 57 CNEL will be encouraged to
acoustically insulate residences.
7. Light and Glare
"No": There are currently no excessive light or glare sources
on the project site generated by existing light sources from
office and single family residences. The zone change general
plan amendment will not introduce any new light or glare
sources to the site that were not considered a part of the
North Tustin Specific Plan. Future uses permitted on the site
would create light and glare sources. Light and glare impacts
will be analyzed for future projects during the Design Review
process.
Sources: City of Tustin Community Development Department
Mitigation Measure/Monitoring: All lighting shall be designed
and located so as to confine direct rays to the premise. Care
should be taken to avoid indirect or inadvertent illumination
of abutting residential uses. To be compatible with the
Initial Study
Zone Change 90-03
General Plan Amendment 90-02
Page 5
lighting standards in parking
areas should
area's residential oexceed a10 feet in height.
8. Land Use
The proposed land use designations are consistent with those
that were existing in the county at
The land use and
was
annexed by the City of Tustin.
.zoning designations will not alter or modify There any of the
f the
permitted uses currently allowed on the site.
p
otential for properties to be "recycled" as a part of meatuis
development process. However, the existing p
newer type construction and "recycling" of these properties is
not anticipated.
Sources: North Tustin
eveloSpecific
Plan
mentStandards
Proposed D P
at
Miti ation Monitorin Re ired: No mitigation be
tired red
this time. Further environmental assessmentAoximately 3 single
for all specif is development proj ects . Approximately
could be
family homes, 13 cluster homes or 1 office prof
developed on the vacant parcel of the project site.
9. Risk of Upset
Items A and B --"Not': The proposed project will not expose
the project site to any risk of upset that was no ' project existing
non
p proposed pr
the site prior to annexation. The prop or pose a
interfere with the cities emergency response
ehazardousa lan substances,
risk of an explosion or release o
therefore, no significant risk of upset is anticipated with
this project.
Sources: Orange County Fire Department
City of Tustin Community Development Department
Mit i ation/Monitoring Required:
No mitigation measures
q
re uired at this time. Further environmental assssment will
be required for all specific development projects.
10. Natural Resources
Items A and B - "No" : The proposed land use categories under
not produce any development not previously cons
Initial Study
Zone Change 90-03
General Plan Amendment 90-02
Page 6
County designations. Therefore, the project will not generate
the need for non-renewable natural resources in addition to
those that were allowed prior to the site being annexed.
Sources: City of Tustin Community Development Department
Mitigation/Monitoring Required: No mitigation required at
this time. Further environmental assessment will be required
for specific development projects.
11. Population
"No": The proposed zone code and General Plan Amendment will
not generate any additional housing or office facilities than
that previously allowed under county zoning. There is a
maximum of three single-family dwelling units or 13 cluster
units that could be allowed on the project site on presently
undeveloped property. The total population generation as a
result of the three to 13 residential units -could be
approximately 7 to 31 persons. Therefore, we can a::sume that
the project will not generate the potential for any
significant increase in housing due to office development or
popu7.-.tion due to residential construction.
Sources: City of Tustin General Plan Housing Element
Mitigation/Monitoring Required: No mitigation required at
this time. Further environmental assessment will be required
for specific development projects.
12. Housing
"No": The three single-family houses or 13 clustered units
are presently allowed under county zoning standards and under
the proposed zoning and general plan amendment. No increases
in housing would be allowed as a result of the proposed zone
change and general plan amendment. The combined residential
acreage is small at approximately .88 acres in area, due to
this there will not be a demand on housing as a result of this
project what about potential office development. The density
proposed under the general plan amendment is slightly less
than that allowed under the North Tustin Specified Plan.
Therefore, there will be'less residential units generated as
a result of the project.
Initial Study
Zone Change 90-03
General Plan Amendment 90-02
Page 7
Sources: City of Tustin Community Development Department
Mitigation/Monitoring Required: Maintain the quality and
integrity of housing in the existing residential neighborhoods
by requiring all office project to adhere to the architectural
design guidelines and development standards of the Newport -
Warren Planned Community Regulations.
13. Transportation/Circulation
Items A, B, C, D, E, F - (No): There is approximately 1. 17
acres of undeveloped land which would generate 36 residential
vehicle trips/day for 3 single-family units and 77 trips per
day for 13 cluster units. Newport Avenue is designed to
accommodate 30,000 vehicle trips per day. Traffic generated
by the existing county land use designations versus proposed
_ City of Tustin land use categories will be insignificant.
Cumulative circulation impacts to Newport Avenue from
subsequent development of vacant parcels will be addressed
during project review.
Sources: City Traffic Engineer
Mitigation/Monitoring Required: As needed at the time of
review for specific development projects, circulation
improvements to Newport Avenue and Irvine Boulevard may be
required as mitigation measures to specific development
projects. Such improvements may include but not be limited to
widening and restriping of Newport Avenue to 6 lanes ( 3 travel
lanes in each direction) and a painted center median to
increase roadway capacity. In order to facilitate restriping
of Newport Avenue, the existing on -street parking and bike
lane facilities would be removed and an alternative adjacent
to the project and preferably off-road bike route considered.
Restriping would occur only when warranted by actual operating
conditions, signal coordination and timing coordination of
intersections and left turn phasing and intersection
restriping.
In order to minimize circulation impacts to Newport Avenue
future development of vacant parcels should minimize curb cuts
to Newport Avenue. 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.
Initial Study
Zone Change 90-03
General Plan Amendment 90-02
Page 8
Where feasible redesign intersections with projected LOS E or
F to achieve at least LOS D.
14. Public Services
Items A B C D E_L F- "No": Both current uses and
incrementally new uses can be adequately served by existing
City of Tustin public services. The proposed project will not
impact local police, fire protection services, park, or school
facilities.
Sources: City of Tustin Community Development Department
Orange County Fire Department
City of Tustin Public Works Department
Mitigation/Monitoring Required: Future developments will be
required to pay school fees and any other applicable fees at
the time of development.
15. EnerQY
Items A and B: There will be no additional energy use
proposed that was not previously considered under county zone
designations. Substantial amounts of energy or fuel will not
be used as a result of these projects. Given the scale and
type of development, it is not anticipated that future
development would result in a substantial usage of energy;
however, future development would be reviewed to determine the
possible impact.
Sources: City of Tustin Public Works Department
Mitigation/Monitoring Required: Title 24 Building Code
provisions would coordinate the design of new projects to
ensure that all energy conservations will be complied with.
16. utilities
"No": The site is in an urban area with all utilities
available to the site from Newport Avenue and would be
adequate to accommodate future development.
Sources: City of Tustin Public Works Department
Mitigation/Monitoring Required: None required.
Initial Study
Zone Change 90-03
General Plan Amendment 90-02
Page 9
17. Human Health
The proposed land use categories would not allow uses which
would expose people to health hazards. Additionally, there
are no human health hazards existing or proposed that would
expose persons to any adverse health hazards.
Sources: City of Tustin Development Department
Mitigation/Monitoring Required:. No mitigation required at
this time. Further environmental assessment will be required
for specific development projects.
18. Aesthetics
No : The former county zoning standards and proposed City of
Tustin development standards provide for adequate setback from
nearby residential units to prohibit direct line of sight into
adjoining residential properties and regulate design so that
a residential character is achieved.
Sources: City of Tustin Community Development Department
Mitigation/Monitoring Required: The Newport -Warren Planned
Community Regulations provide specific direction to design
guidelines and standards. Said guidelines shall be followed
in order to assure that impacts to adjacent projects are
minimized. All projects shall be reviewed through the site
plan review process as outlined in the regulations.
19. Solid Waste
"No": The uses allowed under the proposed zoning designations
are no different from that allowed under county standards.
Any new uses on the site will not generate any additional
waste from those uses allowed under county designations. As
this project is only a zone change and general plan amendment
it will not in itself cause the generation of solid waste.
Sources: City of Tustin Public Works Department
Mitigation/Monitoring Required: 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
Initial Study
Zone Change 90-03
General Plan Amendment 90-02
Page 10
enclosures shall be designed consistent and to complement main
building materials. The city, during design review, may
require accommodation of adequate on-site building facilities
to encourage refuse recycling.
Prior to the issuance of building perriits for all office and
cluster residential units a waste component study identifying
the projected type and quantity of waste to be generated by
the use annually. Based on the results of the waste component
study the applicant shall submit either a source reduction
program identifying a method of reducing wastes produced on-
site or generated from the use, or, a recycling program using
on-site recycling bins, buy-back recycling or on site recovery
facilities or some combination thereof.
20. Recreation
"No": No recreation facilities or activities will be impacted
by the proposed zone change and general plan amendment.
Sources: City of Tustin Community Development Department
Mitigation/Monitoring Required: None.
21. Cultural Resources
Items A, B, C, D, - "No": The project site is not located in
an area known to be an archeological resource. There is no
evidence that any cultural resources exist on the property.
Sources: Tustin Area Historic Resources Survey
City of Tustin Community Development Department
Mitigation/Monitoring Required: None.
22. Mandatory Findings of significance
Items A - (No) : Based upon responses to items 1 through 21 in
the Initial Study, the review of city files, records and
documents, and the nature of the proposed project, the project
is not anticipated to significantly impact wildlife, fish,
flora, fauna or cultural resources.
Sources: All source listed in items 1 through 21 of this
study.
Initial Study
Zone Change 90-03
General Plan Amendment 90-02
Page 11
Mitigation/Monitoring Required: None.
Item B - "No": The project will not have the potential to
achieve short term, to the disadvantage of long term
environmental goals. The proposed development standards have
been designed to be consistent with former designated land
uses.
Sources: North Tustin Specific Plan 1986
Site Development Standards
Mitigation/Monitoring Required: None.
Item C ----(No): The project will not have impacts which are
individually limited, but cumulatively considerable.
Sources: Discussions listed in items 1 through 21 of this
study.
Mitigation/Monitorinq_Required: None.
Item D - "Maybe": As discussed in this initial study, any
possible impact associated with this project have been
mitigated to a level of insignificance. Therefore, it is not
anticipated that the project will directly or indirectly
impact human health.
Sources: Discussion, items 1 through 21 of this study.
Mitigation/Monitoring: There are mitigation measures that
will be applied to individual projects as they are reviewed in
the future to ensure that subsequent projects will not cause
significant adverse impact on human being either directly or
indirectly.
Section II
The environmental evaluation provided herein, attempts to fully
identify, discuss and mitigate any impacts associated with the
proposed project. Considering the sources used, the proposed
project, staff has determined that any project impacts have been
mitigated to a level of insignificance.
CITY OF TUSTIN �♦♦ __ `�
Community Development Department
vs�
ENVIRONMENTAL INITIAL STUDY FORM
I. Background
1. Name of Proponent _ ►'#- 1 l L
2. Address and Phone Number of Proponent
3. Date of Checklist Submitted
4. Agency Requiring Checklist
5. Name of Proposal, if applicable Z70 r-) D — D'_5
&11t6�•
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
X
changes in geologic substructures?
b.
Disruptions, displacements, compaction
or overcovering of the soil?
-- --
C.
Change in topography or ground surface
X
relief features?
d.
The destruction, covering or
modification of any unique geologic
or physical features?
-�---
e.
Any increase in wind or water erosion
of soils, either on or off the site?
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
J�
lake?
Yes Maybe No
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards?
2. Air. Will the proposal result in:
a. Substantial air emission or ualit
f bient air quality?
X
X
X
X
X
X
X
deterioration o am
b.
The creation of objectionable odors? _
C.
Alteration of air movement, moisture,
or temperatures, or any change in ,
locally or regionally - i'
climate, either
3. Water.
Will the proposal result in:
a.
Changes in currents, or the course
of direction of water movements,
in either marine or fresh water?
b.
Changes in absorption rates,
the rate and
drainage patterns, or
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,
alteration of surface water
or in any
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
through direct additions
waters, either
withdrawals, or through interception
or
of an aquifer by cuts or excavations?
h.
Substantial reduction in the amount of
for
water otherwise available public
water supplies?
X
X
X
X
X
X
X
4.
5.
RE
7.
Yes Maybe No
i. Exposure of people or property to
water related hazards such as flooding
or tidal waves?
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) ?
b. Reduction of the numbers of any unique,
rare or endangered species of plants?
C. Introduction of new species of plants
into an area, or in a barrier to the
normal replenishment of existing
species?
d. Reduction.in acreage of any
agricultural crop?
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)?
b. Reduction of the numbers of any unique,
rare or endangered species of animals?
C. Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals?
d. Deterioration to existing fish or
wildlife habitat?
Noise. Will the proposal result in:
a. Incr g noise levels?
Increases in existing
b. Exposure of people to severe noise
levels?
Light and Glare. Will the proposal produce
new light or glare?
go
10.
11.
12.
13.
Yes Maybe No
Land Use. Will the proposal result in
a substantial alteration of the present
�(
or planned land use of an area?
---/\
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?
Risk of Upset. Will the proposal involve:
a. A risk of an explosion or the release
but
of hazardous substances (including,
to, oil, chemicals
not limited pesticides,
or radiation) in the event of an accident
or upset conditions?
b. possible interference with an
emergency response plan or an
emergency evacuation plan?
population. Will the proposal alter
the location, distribution, density, or
growth rate of the human population of
�(
/\
an area?
Housing. Will the proposal affect
existing housing, or create a demand
for additional housing?
Transportation/Circulation. Will the
proposal result in:
Generation of substantial additional
a.
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?
�`
Yes Maybe No
e. Alterations to waterborne, rail or
�(
1�
air traffic?
f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
14. Public Services. Will the proposal have
in for new
an effect upon, or result a need
altered governmental services in any of
or
the following areas:
a. Fire protection.
b. Police protection.
C. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities,
including roads?
f. Other governmental services?
15. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or
energy?
b. Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of
energy?
16. Utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
b. communications systems.
C. Water?
or septic tanks?
d . Sewer P
'Y
e. Storm water drainage?
is osal?
f. Solid waste and d p
17 .
ME
19.
20.
21.
Yes Maybe No
Human Health. Will the proposal
result in: 1.
a. Creation of any health hazard or
potential health hazard (excluding
mental health)?
b. Exposure of people to potential
health hazards?
solid Waste. Will the proposal create
additional solid waste requiring disposal
by the City?
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?
Recreation. Will the proposal result in an
impact upon the quality or quantity of
existing recreational opportunities?
Cultural Resources
a. Will the proposal result in the
alteration of or the destruction of
a prehistoric or historic archaeological
site?
b. Will the propostheteCueffectsin dtorae
physical or aes
prehistoric or historic building,
structure, or object?
C. Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
d. Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
"A
X
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
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.
PLANNING COMMISSION RESOLUTIONS
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RESOLUTION NO. 2819
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
APPROVAL OF GENERAL PLAN AMENDMENT 90-02, TO
DESIGNATE ON THE GENERAL PLAN LAND USE MAP
CERTAIN PROPERTY AS PC (PLANNED COMMUNITY) FOR
THE PROPERTY IN THE VICINITY OF NEWPORT AVENUE
AND WARREN AVENUE.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. Government Code Section 65358 provides that
when it is deemed to be in the public
interest, the legislative body may amend a
part of the General Plan.
B. In accordance with Government Code Section
65356.1, a public hearing was duly noticed,
called, and held on the application by the
Planning Commission on September 10, 1990, to
recommend designation on the General Plan land
use plan certain property in the vicinity of
Newport Avenue and Warren Avenue as Planned
community.
C. This amendment has been reviewed in accordance
with the California Environmental Quality Act
and a Negative Declaration has been prepared.
D. The proposed Planned Community General Plan
Land Use designation is in the best interest
of the public and surrounding property owners
in that a Planned Community designation would
allow greater land use compatibility between
the adjacent commercial, public and
institutional, and residential uses.
E. The proposed Planned Community General Plan
land use designation is consistent with other
elements of the General Plan.
II. The Planning Commission recommends approval of
General Plan Amendment 90-02 designating certain
property in the vicinity of Newport Avenue and
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Resolution No. 2819
Page 2
Warren Avenue shown on Exhibit A as PC (.Planned
Community) on the Tustin General Plan Land Use Map.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 8th day of
October, 1990.
1
DONAL
chairman
-7�� JLk�)
THLEEN FIT ATRICK
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN FITZPATRICK, the undersigned, hereby certify
that I am the Recording Secretary of the Planning
Commission of the City of Tustin, California; that
Resolution No. was duly passed and adopted at a
regular meeting of the Tustin Planning Commission, held
on the �` day of ) , 19g() .
r
KA HLEEN FITZ9ATRICK
Recording Secretary
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RESOLUTION NO. 2820
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
APPROVAL OF 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 Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. That this zone change has been reviewed and is
in accordance with the California
Environmental Quality Act.
B. That a public hearing was duly notice, called
and held on said application by the Planning
Commission on September 10, 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.
II. The Planning Commission recommends approval of Zone
Change 90-03 which would rezone 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 recommends
adoption of Planned Community Regulations as part
of the Zone Change. These regulations are known as
the Newport - Warren Planned Community Regulations
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Resolution No. 2820
Page 2
are attached hereto as Exhibit B and incorporated
herein by reference.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 8th day of
October, 1990.
@WL JlAn
NALD U,4UE4N
Chairman
I�MU'Ao6d-
R�&H-LEEN FIT P ATRICK
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I. KATHLEEN FITZPATRICK, the undersigned, hereby certify
that I am the Recording Secretary of the Planning
Commission of the City of Tustin, California; that
Resolution No. =p�-o was duly passed and adopted at a
regular meeting of the Tustin Planning Commission, held
on the X— day of r 19 gy •
KA HLEN FITZPATRICK
Recording Secretary
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RESOLUTION NO. 2835
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, RECOMMENDING CERTIFICATION TO
THE CITY COUNCIL OF THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR GENERAL PLAN
AMENDMENT 90-02 AND ZONE CHANGE 90-03,
INCLUDING REQUIRED FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. The request to approve General Plan Amendment
90-02 and Zone Change 90-03 are considered
"projects" pursuant to the terms of the
California Environmental Quality Act.
B. A Negative Declaration has been prepared for
this project and has been distributed for
public review.
C. Whereby, the Planning Commission of the City
of Tustin has considered evidence presented by
the Community Development Director and other
interested parties with respect to the subject
Negative Declaration.
D. The Planning Commission has evaluated the
proposed final Negative Declaration and
determined it to be adequate and complete.
II. A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The
Planning Commission, recommending authority over
General Plan Amendment 90-02 and Zone Change 90-03,
has received and considered the information
contained in the Negative Declaration prior to
renewing the proposed project and found that it
adequately discussed the environmental effects of
the proposed project. On the basis of the initial
study and comments received during the public
review process, the Planning Commission has found
that although the proposed project could have a
significant effect on it in this case because
mitigation measures identified in the Negative
Declaration have been incorporated into the project
which mitigate any potential significant
environmental effects to a point where clearly no
significant effect would occur and are identified
in Exhibit A to the attached Negative Declaration
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Resolution No. 2835
Page 2
and initial study and are adopted as findings of
Resolution No. 2819 and 2820, incorporated herein
by reference.
PASSED AND ADO --"TED at a regular meeting of the Planning
Commission held on the 8th day of October, 1990.
Q"JD -Doj I
ON LD L14 J UNE
Chairman
*HLLEMIEN FI PATRICK
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN FITZPATRICK, the undersigned, hereby certify
that I am the Recording Secretary of the Planning
Commission of the City of Tustin, California; that
Resolution No. ��5 was duly passed and adopted at a
regular meeting of the Tustin Planning Commission, held
on the _ day of 19
KA HLEEN F:CT-ZP&tRICK
Recording Secretary
CITY COUNCIL RESOLUTIONS AND ORDINANCE
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RESOLUTION NO. 90-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, CERTIFYING FINAL
NEGATIVE DECLARATION AS ADEQUATE FOR GENERAL
PLAN AMENDMENT 90-02 AND ZONE CHANGE 90-03,
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 General Plan Amendment 90-02 and
Zone Change 90-03 are considered "projects" pursuant to
the terms of the California Environmental Quality Act.
B. A Negative Declaration has been prepared for this
project and has been distributed for public review.
C. Whereby, the City Council of the City of Tustin has
considered evidence presented by the Community
Development Director and other interested parties with
respect to the subject Negative Declaration.
D. The City Council has evaluated the proposed final
Negative Declaration and determined it to be adequate and
complete.
II. A Final Negative Declaration has been completed in compliance
with CEQA and State guidelines. The City Council, the
approving authority over General Plan Amendment 90-02 and Zone
Change 90-03, has received and considered the information
contained in the Negative Declaration prior to approving the
proposed project and found that it adequately discussed the
environmental effects of the proposed project. On the basis
of the initial study and comments received during the public
review process, the City Council has found that although the
proposed project could have a significant effect on it in this
case because mitigation measures identified in the Negative
Declaration have been incorporated into the project which
mitigate any potential significant environmental effects to a
point where clearly no significant effect would occur and are
identified in Exhibit A to the attached Negative Declaration
and initial study are adopted as findings of Resolution No.
2819 and 2820, incorporated herein by reference.
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Resolution No. 90-132
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council held on
the 15th day of October, 1990.
MARY WYNN
City Clerk
RICHARD EDGAR
Mayor
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2�
RESOLUTION NO. 90-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT 90-02, TO DESIGNATE ON THE GENERAL
PLAN LAND USE MAP CERTAIN PROPERTY AS PC
(PLANNED COMMUNITY) FOR THE PROPERTY IN THE
VICINITY OF NEWPORT AVENUE AND WARREN AVENUE.
The City Council of the City of Tustin does hereby resolve as
follows:
II.
The City Council finds and determines as follows:
A. Government Code Section 65358 provides that when it is
deemed to be in the public interest, the legislative body
may amend a part of the General Plan.
B. In accordance with Government Code Section 65356.1, a
pubic hearing was duly noticed, called, and held on the
application by the Planning Commission on September 10,
1990 and October 10, 1990, and by the City Council on
October 15, 1990, to recommend designation on the General
Plan Land Use Plan certain property in the vicinity of
Newport Avenue and Warren Avenue as Planned Community.
C. This amendment has been reviewed in accordance with the
California Environmental Quality Act and a Negative
Declaration has been prepared.
D. The proposed Planned Community General Plan Land Use
designation is in the best interest of the public and
surrounding property owners in that a Planned Community
designation would allow greater land use compatibility
between the adjacent commercial, public and
institutional, and residential uses.
E. The proposed Planned Community General Plan Land Use
designation is consistent with other elements of the
General Plan.
II. The City Council hereby approves General Plan Amendment 90-02
designating certain property in the vicinity of Newport Avenue
and Warren Avenue shown on Exhibit A as PC (Planned Community)
on the Tustin General Plan Land Use Map.
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Resolution Number 90-133
Page 2
(PASSED AND ADOPTED by the City Council of the City of Tustin at al
regular meeting held on the 15th day of October, 1990.
MARY WYNN
City Clerk
RICHARD EDGAR
Mayor
Cer
GENERAL PLAN AMENDMENT 90--02
EXHIBIT "A"
ewport Avenue
PC (PLANNED
COMMUNITY)
0
NOT TO SCALE
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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.
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 cha :ge 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.
II. 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 Regulation
and are attached hereto as Exhibit B and incorporated hereir
by reference.
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.
RICHARD EDGAR
Mayor
MARY WYNN
City Clerk
- ZONE C14ANG-E 90-03
Cente
A ZONE CHANGE OF UNCLASSI-
FIED PROPERTIES TO PC
(PLANNED COMMUNITY).
ewport Avenue
U, '%,irrnIIr All
PC (PLANNED
C COMMUNITY)
0
NOT TO SCALE
EXIHIBIT B
NEWPORT — WARREN
PLANNED COIvIlvl[JNI'IY REGUIATIONS
i
Prepared by
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way
Tustin, California 92680
(714)544-8890
Adopted by the Tustin City Council
on
NEWPORT - WARREN
PLANNED COMMUNITY REG DLATIONS
Prepared by
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPARTMENT
300 CENTENNIAL WAY
TUSTIN, CALIFORNIA 92680
(714) 544-8890
Adopted By City Council
on
Ji
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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
doc: 10/8/90
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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 SUMMARY/LAND USE DESIGNATIONS
There are two separate land use categories provided within the
j 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
j 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
t predominant. The detached dwellings and large private
yards of the RSF area allows for maximum privacy where
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Newport - Warren Planned Community.
Page 2
TABLE 1
STATISTICAL SUMMARY*
Land use Category Approximate
Gross Acres*
Residential Single Family -Garden Office (RSF-GO)
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
�r 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 traf f is 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 Iresidential 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
hf
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
Ij permitted use.
jI 1. One single-family detached dwelling per building P
site.
2. Public parks and playgrounds. p
1� 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
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l� Newport - Warren Planned Community.
Page 4
1 12.
Telephone answering services.
C
1 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
1
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
i
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
Train residential building.
C. Unlisted Use
lj 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 - 25 feet.
2) Rear yard - 25 feet.
.:� 3) Side yard setback - 100 of the average
ultimate net width of the building site
to a maximum of 20 feet.
4) On a panhandle building site the minimum
-j setback from any property line shall be
10 feet.
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Newport - Warren Planned Community..
Page 5
C. Maximum building site coverage - 500.
d. Building height - 35 feet.
2. Conditionally Permitted Uses
a_ Minimum building site area - 25,000 net square
f eet .
Ib. Maximum building site coverage: 30%.
C. Maximum building height - 2 stories not to
exceed 28 feet.
j 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
j single family district.
3) rear- yard - 25 feet. Any building or
portion thereof in excess of 18 feet in
height shall be setback a minimum of 45
feet from any abutting residential single
family district.
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
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I� Newport - Marren Planned Community.
Page 6
I approved use permit shall include a condition
for a recorded 9
- ingress reciprocal in egress
p g
easement along interior property lines with
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
i buildings of a residential appearance especially designed
for such uses with low trafficeneration located on
g ,
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
I and structures.
2. Professional offices for: p
i
a. Accountants_
b. Attorneys.
C. Engineers, architects, surveyors and planners.
A
11,
Newport - Warren Planned Community
/ Page 7
` d. Doctors, dentists, optometrists, oculists,
chiropractor and other licensed by the State
of California to practice the healing arts,
but not including veterinary hospitals for
I, 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,
feet.
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
average of 20 feet.
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 - 350.
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
Newport - Warren Planned Community.
Page 8
designation developed with residential
uses. Any main building or portion
thereof in excess of 18 feet in height
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: 25 feet. Any building or
portion thereof in excess of 18 feet in height
shall be setback a minimum 35 feet from an
abutting . Residential Single -Family -General
Office (RSF-GO) designation developed -with
residential uses or. a re-sidential single
family :district-.
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
I
Newport - Warren Planned Community,
Page 9
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.*
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
INewport - Warren Planned Community.
I Page 10
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
Director on the basis of the requirements, f or
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.
I
�_., Newport - Warren Planned Community.
I Page 12
E. Refuse Collection Areas for Office Projects
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 designedconsistent and to compliment main
I 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 - f ive 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
be innin of curb returns at intersections and a
beginning
g
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
1
I
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.
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.)
1
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
a
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.)
a 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.)
1
!� 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.
1i13. 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 -inn-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. Lightinq
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
V
z
�i 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
li 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
11 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
j
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
.Nareas to ensure all plantings are adequately
watered. Systems installed should be automatic
i whenever possible and designed for efficiency of
a 1 water use.
4. Irrigation controls, valves and backflow preventers
should be hidden in shrub areas whenever possible.
,a
If 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
Ireceptacles, 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. Streetscaoe
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
I� 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
-1 barriers are built as an integral element of new
development. Walls or other barriers should be used for
d
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. Parking 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.
ri
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
1
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
ri
Newport - Warren Planned Community.
1 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.
j 1. • New professional office buildings should be
J 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
i 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.
-1 4. Use of partially or totally enclosed patios and
balconies to provide a residential character is
s;
r
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 an& 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
J
l� Newport - Warren Planned Community.
I 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
mininizing_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
l If ambiguity arises concerning the appropriate application of
provisions contained in these regulations, the Director of
l� Newport - Warren Planned Community..
1 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 l) shall generally guide location
of the land use areas within the project area.
4.4 Site Plan Review
jj 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
i
-� All applications shall be processed in accordance with the
Tustin city code.
1
��.._ Newport - Warren Planned Community.
1 Page 22
�j 4.7 Minor Modifications/Adjustments
A. The Director of Community Development or designee may
1! 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
1 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.
o
A decrease of not more than 5o in the minimum
required building site area
2.
A decrease of not more than loo 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
j health, safety or general welfare or
materially injurious to properties located in
the general vicinity.
I
i
! Newport - Warren Planned Community
J 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 Com v
I Community Development or designee
shall conduct a public meeting to review the
application, statement and drawings submitted. At
II 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
g g 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 Communit
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.
3
Newport - Warren Planned Community
1 25
Page
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
l
end that the structure shall not remain in a partly
I
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
g p
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
l
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
11