HomeMy WebLinkAboutPH 1 AMEND'S TO CODE 11-06-89TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
CHRISTINE SHINGLETON, DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT:
AMENDMENTS TO TUSTIN CODE RELATED TO THE PERMITTED
LOCATION OF SWIMMING POOL, SPA AND HOT TUB EQUIPMENT
RECOMMENDATION
Minute Order: Waive further reading and introduce Ordinance 1034
by title only.
Ill i ~J
BACKGROUND
Current provisions of the Tustin City Code place restrictions on
the placement of certain swimming pool, spa and'hot tub equipment.
More specifically, pumps/filters can currently be located in a
sideyard if they are setback one foot from the dwelling, four feet
from the property line and ten feet from an adjacent dwelling
window and/or covered patio. Gas fuel fired water heaters .may be
located within a sideyard if there is a one foot setback from the
dwelling,, four feet from the property line, four feet from a
window, greenhouse or patio and ten feet from off-site plants
sensitive to combustion.
Unfortunately, it appears that the above requirements were not
drafted with the smaller lot sizes in East Tustin in mind. As a
result, field problems and complaints regarding the requirements
have been frequent. It appears that the easiest manner to ensure
protection from noise and combustion risk would be to permit either
pumps/filters or water heaters for swimming pools, spas and hot
tubs anywhere within 5 feet of rear property line subject to
certain conditions.
An ordinance is attached making the changes noted above.'
~h~£stine Al -~hi~gleto~,]
Director of Community B~velopment
CAS: kbc
Attachment: Ordinance No. 1034
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ORDINANCE NO. 1034
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING
SECTION 8501h OF CHAPTER 5, ARTICLE 8 OF
THE TUSTIN CITY CODE RELATED TO THE
PERMITTED LOCATION OF SWIMMING POOL, SPA
AND HOT TUB EQUIPMENT
The City Council of the City of Tustin does hereby ordain as
follows:
Section 1. Section 8501h of Chapter 5, Article 8 of the
Tustin City Code is amended to read as follows:
A) Section 324 Modification of Requirements, is added to
read as follows:
(1) Following written request by the owner, the
Building Official may modify or eliminate the
requirements of this Code where, in the judgement
of the Building Official, UAC Section 108, such
request is justified and will not result in unsafe
conditions. The Building Official may require that
evidence or proof in the form of affidavits,
recorded easements or other documents be submitted
to substantiate or justify such requests and may
apply reasonable conditions to ensure ultimate
compliance ~with the spirit of this Section in the
event of a change of conditions.
(2) The pump/filter may be located in the side yard
setback provided it is within one (1) foot of the
dwelling exterior wall and four (4) feet from the
property line and at least ten (10) feet away from
an existing adjacent on-site or off-site dwelling
window and/or enclosed patio. This provision is to
attenuate noise to a reasonable level. A
pump~filter may be located anywhere within 5 feet
of a rear property line provided it is at least 10
feet away from an off-site dwelling window.
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Ordinance No. 1034
Page two
(3) The gas fuel fired' water heater may be located
within the side yard setback, provided it is
located within one (1) foot of the exterior wall of
the dwelling, four (4) feet from a window or door,
ten (10) feet from an HVAC air intake, window,
greenhouse or enclosed patio (on or off-site).
A gas fuel fired water heater may be located
anywhere within 5 feet of a rear property line
provided said property line contains a non-
combustible wall. The heater shall also k~e
installed with clearance as listed by the American
Gas Association or Underwriter's Laboratories.
PASSED AND ADOPTED at a regular meeting of the City
held on the day of , 1989.
MARY WYNN,
City Clerk
URSULA E. KENNEDY,
Mayor