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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 y. O > V 0 cc 2 C% 0 Ll. z> w Lu Ir co U. U. 0 1-- n0 Lu 0 U. -j Ww z a < CL w CL z w z w -j w w Z cr 0 cc 0 z > z m m 0 -1 - 2 Lu co /11 VV IL w w o 0 0 cc > Lu w 0- w -j z 0 W w w 0 Z0 0 w D 0 6 Z z 0 C4 ZJ W K z v 0 co 0) m 0 wLu CL -j 0 0 CD D 1 LU LL co Lu U. cy D UA CY§ 0 m z .0 LL cc 0 V) z .0 U. cc 2 cc E:1ti m CL Oa6 1p cc LL. cc m Av l .l 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 nn� Q V� O 0 Q nn� U r R4 n�1 o II -1-73 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 11-1-78 0 .. �pGo w 1O N I > p p <? .0 f: W 2 1O o f2.. p U < J 1L p v C < U J W \� W W WU < J W J } � M� \ ;O W O_ p 2 Z a w < _O CO = � `• � � i � W U � W N O >O J J W U < d 1- 2 <J w w ¢ ao W J 2 a a a ¢ D oW O Go U J �i•' ev N � � m OV O N m 4w=1 N Z � 0 cr •I U Lil� 0 Z Q COCL 0 C M II Z Q �p J LL V W C`A'�to v I FIGURE 31 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. Ail TrateIrlai S-ub�ii-f ed - to this office MUST be folded to -an 8%" x 14� for -mat. I I*8".-.--!,I '(n V , W U O cc CL Q O CL CL a Z a ate. i Z Ul 2 13. O W 111 Q V V V u L u L u L u u c GCL A C d C. ✓ M ^ N ^ u 7 ✓ N, V c O > y �C V - A J > 01 N y1 V O .� .n vE < ✓ u N 01- m C c-' O u ►. O N .� u- ✓ A L1 ✓ > N Y a s O Y - c = O1 d u u d F- v - u a Q C > A > d vs - C • Cg� C✓ C1 N O1 N V C N -- v L L A A E N W L a u 0 d O -v 6. lu u N a V ✓ A 0 or u< cc C •- - E c y 01 y Im c 6. O c u t C C O O - z W 106 ; v v N u U c a L O N t - C u V q a A 7 N C V C•- u - W O > y �C V ✓ u4) V V O V 7 L N C N J > u N A N O u p O .� .n vE v c a g c u v v N u U c a L O N t - C u V q a A 7 N C V C•- u - W O 0 O C N A O N u L V U N ✓ � u m < cyc H or u< cc c u y Ol N C Np Im c 6. O L 3 u C C O O - z c< c C .. �c v o c c z v E _ C- v v u z c N X L N V N V V W C f0 N Q1 m ^ N O1 N U C O - C d A N A J - ) z C .- G. C] C W Ci C u O u T- C ✓ u � _ C ca Vf Z E^ NL.a N V a ^ � A 000130N W d x Z i c"J Q, a. 4r s O"is"? rSp P7 o J � 01 Jo • r v, � S d A(Jp Q S ,l ev /� '$, L �pJJ�� yl Jh 6u 1 I a cjyJ O�l c z 0 I 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 � .L.1 VJY y1 ��. � y..a_. • TUSTIN CITY CODE o ro -,I cA 0 •r -I r -i 3 r-: 4-4 H U w rb O O w a) ° •r4 _(n 4-) r-4 rid ani C cn 4-)> S4 U •14 •r4 •r1 U O Da � r-4 rr, � .n 04 •r4 ro (1) (L) ro t~ O WW H N S4 (1) tT •r4 cz ,Q �4 � 4a 4-3 cn rn (1) O (1) N S~ - }4 r-1 U O C4 Q°+ U b A U -P 4-) Q) U) O ro E-4 > • rH 1U -t N H Ur O r1 b U X H ro a) 4-4 C: (1) s4 t3 s4 is (1) cn a) a) to a) W W 0 Oro H N 4-) +) H 4-1 Sa 4� Sa ca �a, U� • U a) 4-) (1) 4-) 0 4-) 4-I �,O 4-) 4-4 w �4 �4 H pq a (1) 04 a)`` Y O U O U C a c -tn >4 N U) O a) � r4 O O ar z O .H rd Ul U >1 in •r4 �4 4-a O 4-) .r{ -4-) ° �4 W rcl •r -I p H Q U Q) F< OD O z ry O v E-1 U H R.' H U) H A O H En U) W w O w z H En C7 H A O a rn rn SIGN CONTROLS z H N x H a PI H W z W w ?H E-4 9494h +J ;-4 ai o -N4 44 N U MOMmo U 4J 44 � C4 �4 m 44 A rt w cn O A •r4 •r4 ro z a) a) �A A z v rO (1) tr ro �3 v i4 cn 4) a) rd 1 01 4-) U •r4 U O S4 O (1) 44 r -I rd it �J 'Q Ub r 4-4 O �- � U 44 (1) S4 O a `d o F. ° O rd m rd b rd >~ u) O N +-) a) rO Z A O >, (1) 4 to cd U (1) ro cn R3 S4 r -I rd >~ U im to O U X: 4-) N ` ' -r4 I~ (1) O Z ri N Rs res ; A rd •r -i rd A M 0 �4 � 4 I4 O 4a �� U � V .� A 3 �� cd rd a) ro rU •U) ° .rA57: 1~ �i-) .c r -i r -I U) � rd rd a) (1) ` >1 z z cd I~ -P H (1) ro rp � b Z 4j O rO • O �4� � A 44 � r-I a O U m a rd -P O 0 b rd .� O A b A U rd 4 m 44 (1) �4 O (1) > O > O (1) O O •r>-4 _ 12 p d' 44 i4 cad a) U r4 l0 -- a) cd O 4-) rn b •� rO XroxN�MN O O O l rd r -I N cn 44 t3) �• 44 44 4-) a r4 F. 4-4 4-I N N N N H r -i a) U 44 OO to 4-3 ° rH4 b� �• tr' 3 En o En rd A O -r4 s4 -P O U CT •r{ 4-4 .ri �4 -H rO (2) s~ •r4 i. 4) a) ro CA U ►-+ �, 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 1 V 3 4 5 6' 8 9 10 11 12 13 14 15 16 21 22 23 24 25 26 27 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 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 11 21 3 4 5 G 8 9 10 11 12 13 14 15 16 211 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 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 1 2 3 4 5 G 8 lU 11 12 13 14 15 16 Ii 18 1� 2C 211 22 23 24 25 26 27 28 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 1 3 4 5 G 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 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 11 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution 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 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 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 �i 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 i 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 V 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 i 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. I 0 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 1 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