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Home My WebLink AboutNB 1 OPEN SPACE CREDIT 5-18-81DATE: TO: FROM: SUBJECT: May 18, 1981 NEW BUSINESS NO. 1 ! nter - C om Honorable Chairm~n and Members of the Planning Agency R. Kenneth Fleagle, Acting Conm~nity Development Director Open Space Credit in Planned Developments The City Council on ~ay 4, 1981 considered the 50% requirement for open space in the Planned Development District as related to condominium developments. The suggestion was made that open sp~ce credit could be given when a project adjoins an open space area such as a school yard, p~rk, gulf course, or public facility. A public hearing has been advertised for the Planning Agency on June 1, 1981, for the purpose of amending the code by adding the following sentence to Section 9224(g)6: '~fhe Planning Agency may authorize credit for permanent open space adjoining a proposed project upon a finding that there are amenities of design incorporated into the project and the surrounding area achieves the intent and purpose of the planned development district by providing an enviror~nent of openness. A waiver of open space requirements exceeding 5% shall require the filing and approval of a variance application. The agency ~hould be aware that if a5%waiver is authorized, this will Then become the standard and requests will be mde for exceptions to the standard. For that reason, it is suggest~i that the variance process be required for any exception beyond the 5% credit. No action is required at this time and the proposed ~endment will be heard by the Agency on 1, June 1981. Attached is a copy of Section 9224(g)6 as presently written. R. Kenneth Fleagle, D.P.A. Acting C~,:~anity Development Director RKF/dat ZONING 9224q5 TUSTiN CITY CODE There shall be no minimum lot size established in any P-D Planned Development. However, the minimum number of square feet of land re- quired for each family or housekeeping unit in a Planned Development shall be as designated by the n%u.~ber following the symbol "P-D" on the particular Official Zoning Map. This provision shall not govern any P-D Planned Development zone established prior to the adoption of this f' ~ubSecti_on. (Ord. No. 248.,, Sec.~._3) 6~ Maxim%~. Lot Coverage Not more than fifty (50) percent of the total lot area shall be devoted to main and accessory building area, driveways, open or enclosed parking areas and covered patios. The remaining fifty (50) percent of the total lot area shall be devoted to landscaping; lawn area, non-commercial out- door recreational facilities incidental to the residential development, such as private swi~ing pools, putting greens and tennis courts; walk- ways; uncovered patio areas; fences and necessary fire-fighting equip- m~nt and installations as required in Subsection d(2) of this Section; further, the open space required by this Section shall be arranged and provided in such a manner that it is accessible and usable for the pur- pose intended herein. Said open space shall not be devoted to commer- cial agricultural pursuits or any other activity in conflict with the stated purpose of this Section and District. (Ord. No. 175, Sec. 8) 7. Off-Street Parking Total parking shall be 2 spaces per unit, with at least 1 covered space per %~nit. (Ord. No. 573, Sec. 2) 8. Subdivision of Property Developed Under the District Upon completion of a development of property in the P-D District, no portion of the property involved in said development shall be severed or sold, ~!ess said severed parcel and the development thereon comply with all provisions set forth for the P-D District. Further, the re- maining parcel and development thereon shall also comply with said P-D District provisions. Nothing herein shall prohibit the sale of any one- family dwelling, two-family dwelling, multiple-family or any dwelling unit within a two-family or multiple-family dwelling, provided all com~non open areas, required yard areas, recreational areas and similar areas constituting the required fifty (50) percent open areas, as set forth in paragraph 6. above, are retained in trust or otherwise for the benefit of all tenants and o~ners of any interest of any of the structures on the original area developed as a unit. Further, prior to issuance of building permit or approval of the plans as set forth in Subsection d deed restrictions prohibiting the alienation of all land areas not devoted to buildings shall be recorded in the Office of the County Recorder of the County of Orange. Said restrictions shall in- clude a statement that said deed restrictions shall be irrevocable for a period of not less than thirty (30) years. A copy of said deed re- strictions shall be filed with the Planning Department prior to the issuance of a building permit to the o'~er of the original project. (Ord. No. 175, Sec. ~)