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Home My WebLink About09 PEDES ACCESS RES 07-02-01AGENDA REPORT MEETING DATE: JULY 2, 2001 TO' WILLIAM HUSTON, CITY MANAGER 730-90 600-60 NO. 9 {0~;02-01' FROM' SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT ., ., .. POLICY FOR PEDESTRIAN ACCESS TO RESIDENTIAL TRACTS WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA SUMMARY Several residential tracts within East Tustin were conditioned to maintain open pedestrian access gates while several were allowed to maintain locked pedestrian access gates. The Tustin Ranch Estates Maintenance Association is desirous of locking the pedestrian gates at the main entrance from Pioneer Road and has requested that the City Council address the issue of creating equity among all private residential tracts within East Tustin. The City Council directed staff to recommend alternatives for implementing a policy regarding pedestrian access to the residential tracts in East Tustin. A survey of cities in Orange County indicates that only one city has adopted a pedestrian gate policy, and most cities consider pedestrian access on a case-by-case basis. RECOMMENDATION Pleasure of the City Council. FISCAL IMPACT The establishment of a policy regarding pedestrian access has no fiscal impacts. BACKGROUND AND DISCUSSION Twenty (20) residential tracts within the East Tustin Specific Plan area are gated with locked pedestrian gates. Of these communities, eight (8) communities representing approximately 1,506 units are entitled to have locking gates, and twelve (12) communities representing 1,256 units were approved with a condition that required unlocked pedestrian gates (Attachment A). In addition, the Tustin Ranch Estates recently obtained approval to install gates and fencing with the condition of maintaining open pedestrian access at the main entrance to Phase I and II and the entrance to Phase III. The unlocked pedestrian gate requirement originated from a policy recommended by the East Tustin Policy Committee to keep private communities in East Tustin accessible and unlocked to pedestrians. Although no written policy has been documented, staff confirmed the existence of this policy by a reference in a City Council staff report and minutes dated October 5, 1992 (Attachment B). This policy was implemented through a condition of approval on several residential tracts that prohibited locking devices on City Council Report Pedestrian Gate Policy July 2, 2001 Page 2 pedestrian gates. However, as the October 1992 staff report indicates, the City Council rescinded the policy in conjunction with the approval of locking pedestrian and vehicular gates for Tract 14584/14447 (Rancho Monterey). Notwithstanding this action, the condition requiring unlocked pedestrian gates was included in the approval of several tracts developed after 1992, including the Tustin Ranch Estates (Tract 15563) as shown in the Gate Chronology provided in Attachment C and listed below: Tract Tract Name Condition of Approval Resolution of Number Approval 13908 San Marino 14168 San Miguel 14188 San Rafael 15420 Madrid 15601 Treviso 415 Units (Condition 3.6) "Pedestrian access at both the main and secondary entries shall not be gated or restricted." Reso. No. 2664 August 28, 1989 13734 Palo Vista 118 Units 13902 Montecito 115 Units 13990 Alicante 91 Units 13701 Malaga 70 Units 14396, Tustin Ranch 15563 & Estates 15993 113 Units 14410 El Dorado 171 Units 15380 15681 Westmont/ Columbia 162 Units Emerson 114 Units (Condition 3.7) "All pedestrian gates at the main project entrance access points shall not have locking devices and remain open and accessible." (Conditions 3.1 A & B) "Pedestrian paseos may be equipped with gates, however, such gates may not be locked. "All gates at the main project pedestrian access points shall be removed and remain open and accessible to the public." (Condition 3.8) "Pedestrian access at project entry shall not be gated or restricted."' (Condition 3.8) "Pedestrian access at project entry shall not be gated or restricted." (Condition 8.1 (F)(2) "...In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times." (Condition 3.9) "A note shall be added to read as follows: The pedestrian accessways at the main project entry will remain open and accessible to the public at all times." (Condition 8.1 (F)(2) "...In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times." [Condition 8.1 (F)(2)] "...In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times." Reso. No. 2741 January 8, 1990 Reso. No. 2678 September 25, 1989 Reso. No. 2583 May 8, 1989 Reso. No. 2583 May 8, 1989 Reso. No. 3539 August 11, 1997 Reso. No. 3787 May 14, 2001 Reso. No. 2971 November 12, 1991 Reso. No. 3529 July 14, 1997 Reso. No. 98-115 December 7, 1998 City Council Report Pedestrian Gate Policy July 2, 2001 Page 3 Staff has conducted a survey of all Orange County cities regarding pedestrian gates. Thirty-one (31) cities were surveyed, and twenty-eight (28) cities indicated that they allow private gated communities. Of the cities that allow gated communities, only the City of Irvine has adopted a "Private Gate Policy" requiring unlocked pedestrian gates, which is included as Attachment D. However, the City of Irvine allows restricted access to residential tracts that do not contain a public park. Other cities with gated communities typically review pedestrian access on a case-by-case basis at the time of review of the tract map proposal. The cities of Costa Mesa and Huntington Beach indicated that access through a private community may be required either as a mitigation measure or a condition of approval if the appropriate nexus to a public interest can be made. Most cities indicated that access to private residential tracts is limited to homeowners and regulated by the homeowners' associations. COUNCIL ALTERNATIVES 1) Direct staff to enforce discretionary approvals requiring private communities to maintain open pedestrian gates. This alternative would require twelve (12) communities to unlock their gates; or, 2) Direct staff to conduct outreach to the thirteen (13) communities that are required to maintain open pedestrian access to inform them that staff will process applications to amend their conditions of approval to allow locked pedestrian gates. The resolution could also direct staff to waive applicable processing fees; or, 3) Take other actions as deemed appropriate. Minoo Ashabi Associate Planner Elizabeth A. Binsack Director of Community Development Attachment: Ai B- C- D- Location Map 1992 Staff Report/Minutes Gate Chronology City of Irvine Pedestrian Gate Policy ccreport\pedestrian gate policy.doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. LOCATION MAP TUSTIN MAP LEGEND ....... cn~ uurrs (o'rtl~ ,,~ ~TEC~ ATTACHMENT B 1992 Staff Report/Minutes city Council Report Vesting Tentative Tract Map 14585 October .5, 1992 Page 3 the condominium clusters to accommodate the grade change across the site. While some excavation is necessary, earth quantities on the site will be balanced to the largest degree possible,. The conceptual grading plan identifies no major retention of earth nor slopes in excess of a 2'1 ratio. ~fRCHITECT~L DESIGN /LANDSCAPE /HARDSCAPE The product type proposed for the project are attaChed condominium units arranged around a central motor court. There are two building types proposed, one building of three condominium units and the other major building of · two condominium units, k statistical summary on the individual units has been included as Attachment B of this report. The two story product types being proposed range from 24 feet in height to approximately ' 32 feet, which is consistent with the maximum building height permitted of 40 feet. centrally located within the project is the recreation facility and pool area.' The recreation facility color scheme is a light tan field color with a dark green accent color. o PEDESTRIAN GATES As Previously noted in the staff report, the project is proposed to · have a single gated entrance. Two gated pedestrian entrances are also proposed to be located at the entrance to the project. A request has been made which would allow the pedestrian gates to. have locking devices.. In the past, the City Council has expressed concern that locked pedestrian gates limited the accessibility for campaign volunteers, visiting non-regidents., etc. to the gated projects. Based on policy direction of the former East Tustin Policy Committee as confirmed by the City Council, the following statement typically has been included as a standard condition of approval for Vesting Tentative Tract Maps. "Pedestrian gates at the main.project entrance access points may not have locking devices, and shall remain open and accessible at all times." city Council Report Vesting Tentative Tract Map 14585 October 5., 1992 Page 4 A requirement of an emergency access box for Police and. Fire Department access on all locked gates, pedestrian 'and vehicular, is also a standard condition of approval included in the approving Resolutions to ensure emergency services are able to gain access to the project. ,. Based on Planning Commission input at the September 14, 1992 meeting, there appears to be the opportunity to reconsider the issue. It would be appropriate for the Council to provide, by separate motion, the direction to allow locking devices · on pedestrian gates and to authorize staff to eliminate the use of the standard condition from future subdivision proposals. In addition, City Council may' wish to modify the conditions of approval for this project to allow main entrance pedestrian gates to have locking devices by eliminating Condition ' of Approval 7. iF.4 of .Planning Commission Resolution.No. 3084, as proposed 'in draft Resolution No. 92-118. EI~ViRON!.~.ENTAL DfNALYSI S Based upon review of Vesting 'Tentative Tract Map 14585, as well .as Environmenta'l Impact Report 85-2 (as supplemented) it has been determined that environmenta'l issues relating to this project have previously been addressed. Also, appropriate mitigating measures identified' in EIR 85-2 are included as conditions of approval for the project. With this information in mind, it is recommended that the Commission make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. CONCLUSION Given the analysis conducted by the Community Development Department and in consideration of comments from other agencies and the public, it is concluded that Vesting Tentative Tract Map 14585 meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act, as adopted, and the California Environmental Quality Act. It is recommended that the City council approve, by Minute Order, modifications to policy direction regarding locking devices on pedestrian gates; and with' the inclusion of conditions.of approval listed in the Planning Commission Resolution .No. 3084, it is CITY' COUNCIL MINUTES Page 3, 10-5-92 iV. Pat Brown, RGC representative There were no other speakers on the subject and the Public Hearing was closed at 7' 12 p.m. It was moved by Thomas, seconded by Puckett, to approve the Environmental Determination for the project by adopting the following Resolution No. 92-117' RESOLUTION NO. 92-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUST IN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR). FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP NO. 14585 AND ALL FEASIBLE MITIGATION MEASURE'S HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved bv Thomas, seconded by Puckett, to approve Vesting Tentative Tract' Map No. 14585 by adopting the following Resolution No. 92-118, as modified- RESOLUTION NO. 92-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE. TRACT MAP 14585 TO 'CREATE 43 NUMBERED LOTS AND 24 LETTERED LOTS FOR AN ATTACHED CONDOMINIUM RESIDENTIAL PROJECT LOCATED ON LOTS 18 ~2qD BB OF TRACT 12870 Motion carried 5-0. It was moved by Puckett, sAconded by Thomas, to approve modifications to previous policy direction by allowing locking devices on pedestrian gates within the East Tustin Specific ~ Plan project area. Motion carried 5-0. 600-?0 600-60 PROCLAMATIONS (Agenda Order) 1. FORMER PARKS AND RECREATION COMMISSIONER SUSAN WELSH Mayor Pontious read and presented a proclamation for service recognition to former Parks and Recreation Commissioner Susan Welsh. Susan Welsh thanked the Council... 2. ~iRE PREVENTION WEEK, OCTOBER 4-10 Mayor Pontious read and presented a proclamation declaring october 4-10 as Fire Prevention Week. A representative from the Fire Department thanked the Council for the proclamation and invited everyone to attend their local fire stations for open House on Saturday, October 1:0. ATTACHMENT C Gate Chronology Timeline March 1986: 1986-1989 Date Unknown: August 1989: 1989-1992: East Tustin Pedestrian Gate Chronology Action East Tustin Specific Plan adopted. The following private tracts are approved with pedestrian requirements' paseo Maricopa; and, · Estancia. East Tustin Policy Committee recommends that private communities in East Tustin be open and accessible with unlocked pedestrian gates. Policy confirmed by City Council (Exhibit A-Staff Report). Tract 12780 is amended to designate Township Drive as private to serve San Marino, San Miguel, San Rafael, Madrid, and Treviso. Vehicular entry gates are approved through Design Review 88-67. Condition 3.6 states, "Pedestrian access at both the main and secondary entries shall not be gated or restricted." The street is vacated by the City Council and assumed by The Irvine Company as part of Tract 12870 in October 1989. In June 1990, construction plans for the private entries at Township and Rawlings in Tract 12870 are approved with open pedestrian access. The following private tracts that have gates are approved and prohibited from locking pedestrian gates: · San Marino; · San Miguel; · San Rafael; · Madrid; · Treviso · Malaga; · Palo Vista; · Montecito; · Alicante; · Emerson; · Columbia/Westmont; and, · E1 Dorado. The following private tracts that have gates are approved without any limitation on gates' · Miramonte; and, · Corte Villa. Chronology Page 2 Timeline October 1992' 1992-2000 June 2000 August 2000 Exhibits' Action The City Council, by minute order, modifies previous policy direction to allow locking devices on pedestrian gates within the East Tustin Specific plan area in conjunction with the approval of Tract 14584/14447 (Rancho Santa Fe Apartments) (Exhibit B- Minutes). The following tracts that have gates are approved without gate restrictions' · Rancho Monterey; · Valencia; Vidorra; and, · Rancho Santa Fe. The following private tracts that have gates are approved with gate restrictions: The Tustin Ranch Estates are approved in August 1997. Tentative Tract Map 14396 is approved with private streets and pedestrian and vehicular gates at the main entries. Condition 8.1(F)(2) states, "...In addition, the pedestrian access at the main project entry shall remain open and accessible to the pubic at all times." Final Tract Map 15563 and Design Review 98-015 (Phase I) amend the entry to eliminate pedestrian gates. Westmont/Columbia is approved with pedestrian gates. Condition 8.1(F)(2) states,. "...In addition, the pedestrian access at the main project entry shall remain open and accessible to the pubic at all times." Emerson is approved with pedestrian gates. Condition 8.1(F)(2) states, "...In addition, the pedestrian access at the main project entry shall remain open and accessible to the pubic at all times." Standard Pacific submits fencing and pedestrian gate plan for Phase I of the Tustin Ranch Estates (Tracts 14396/15563). CDD surveys East Tustin and finds that twenty-one (21) of forty-seven (47), or 44 percent, of the communities have pedestrian and vehicular gates. Of those, twelve (12) communities representing approximately 1,256 units appear to be inconsistent with their approvals (1,369 units including Tustin Ranch Estates). Nine (9) communities, representing approximately 1,506 units, are entitled to have locking gates. A - City CounCil Staff Report dated October 5, 1992 B - City Council Minutes dated October 5, 1992 nEmol, t~l. .i SECl'Ofl 4 .-- ~ 1 I I I i"I i^,",,~ 4 PI IA, SE ~ LEGEND RESIDENTIAL NON-RESIDENTIAl. 141 .... I~J I t,~,~ ...... t.~ I.~_1 I~ I ~.'1 ~TES .... ,~.. ........... ' i ~,' ^.~- I , · ,' , ,.-- ', i! SEC ron i~ · .. .~..,. . .. ... . .... . .r , (/~¢?~x. I,Zt'15 UM ITS) ~-,~-T'~D C. Ob~b4 U NtT I E...5 ATTACHMENT D City of lrvine Pedestrian Gate Policy TopFrame Page 1 of 3 Single Word Search' Irvine: Zoning Ordinance E:mail. Us I .Refresh Code I Prin.t I I-'?.A...Q. ] '..l:-lle.lp Advanced Search Show Table of Contents lVi.ews [Frames Previous Page ~i[ l'revious Match Matches' 2 Next Match Next Page ZON.!.NG....O.,,,R,,..D..!.NAN.G.E Division 4 PARKING CHAPTER 4-4. DESIGN STANDARDS Sec 4-4-7. Drive-thru facilities. Note--Former § 4-4.8. Sec. 4-4.8. Gates. Gates which limit or control access to nonresidential and residential uses and residential .units require special consideration as their design can significantly impact the parking demand and usage and the vehicular circulation on a site and adjacent streets. A. Residential uses--Privacy gates. Gates which control vehicular and pedestrian access to a residential site are considered privacy gates, and shall be subject to review and approval of the Director of Community Development. A request for privacy gates shall be submitted to the Director of Community Development, and shall include a stacking study, which provides the information outlined below in subsection C. The Fire Authority and the Public Safety Department shall approve provisions for emergency access. No public park shall be located within a residential gated community. Private parks greater than one acre in size within a residential gated community must remain accessible to pedestrians. Access may be restricted to private parks less than one acre in size. When privacy gates enclose multiple projects, a conditional use permit is required. B.. Nonresidential uses. Gates that control vehicular access to a nonresidential site shall be subject to the approval of the Director of Community Development. Gates for nonresidential sites are considered either security gates or controlled access gates, as described below. 1. Security gates. If the gates are closed to provide site security after regular business hours with no restriction to vehicular traffic during the conduct of business, they are considered security gates. The applicant shall submit to the Director of Community Development a letter of request, with a site plan showing the gates. The letter must contain information about hours of business operation, location and width of the gate(s), hours gates are open/closed and specific provision for emergency access, by Police and Fire Authority Personnel when gates are closed. The Fire Authority and the Public Safety Department shall approve provisions for emergency access. No stacking analysis is required for security gates, unless required by the Director of Community Development. 2. Controlled access gates. If the gates are used to control vehicular access during buSiness hours, the gates are considered controlled access gates. The applicant shall also .provide the above information required for security gates and a study as described in subsection C. The Fire Authority and Public Safety Department shall approve provisions for emergency access. C. In conjunction ..with application for either privacy gates or controlled access gates, the applicant shall submit a stacking study. The study shall identify: 1. The nonresidential square footage, or the number of residential units to be served by the proposed gates as appropriate. .../om_isapi. dll? advquery=4-4- 8 &aquery=4-4- 8 &depth= 1 &depth= 1 &headingswithhits=on&h05/22/2001 TopFrame Page 2 of 3 2. Type and operation of the gate. 3. Projected inbound and outbound peak trips at the project entries intended for gated access. 4. Adequacy of vehicle stacking area at the proposed gate(s). 5. Effect of gated entries on parking usage and distribution and on-site circulation behind the gates. 6. Effect of gated entries on parking and circulation in surrounding or adjacent areas. D. The Director of Community Development has the discretion to require applications for privacy gates and controlled access gates to be reviewed by the Planning Commission. E. If the actual stacking of vehicles at approved gates differs from the projected stacking as identified in this study and results in impacts to the public right-of-way, the Director of Community Development shall require the applicant to correct the problem to the satisfaction of the City. The applicant shall bear all costs associated with correcting the situation. (Code 1976, § V.E-404.8; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No.. 94-7, § 3, 6-14-94; Ord. No. 98-08, § 4, 7-14-98; Ord. No. 00-04, § 4, 4-25-00; Ord. No. 01-02, § 4, 2-27-01) Note-Former § 4-4-9. CHAPTER 4-5. OPERATION AND MAINTENANCE Sec. 4-5-1. Parking facilities maintenance standards.. All parking facilities required by this ordinance shall be maintained for the duration of the use requiring such facilities. Such facilities shall be used exclusively for the parking of vehicles. The parking facilities shall not be used for the storage of merchandise, or for the storage or repair of vehicles or equipment. Parking facilities shall not be used for the sale of merchandise, except on a temporary basis for special events subject to the approval of a special events permit available through the City of Irvine. In conjunction with application for said permit, the applicant must submit to the City a site plan showing the area to be occupied, a letter describing the event and its duration. (Code 1976, § V.E-405.1; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-04, § 4, 4-25-00; Ord. No. 01:02, § 4, 2- 27-01) Sec. 4-5-2. Maintenance responsibility. It shall be the responsibility of the owner or operator of a specific use to ensure that required parking facilities are maintained in good operating condition and to ensure that the parking facilities are periodically swept and cleaned. (Code 1976, § V.E-405.2; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-04, § 4, 4-25-00; Ord. No. 01-02, § 4, 2- 27-01) CHAPTER 4-6. DEVIATION FROM REQUIREMENTS* *Editor's note--Ord. No. 00-04, § 4, adopted April 25, 2000, amended the Code by renumbering former ch. 4-7, §§ 4-7-1--4-7-4, as ch. 4-6, §§ 4-6-1--4-6-4. Sec. 4-6-1. Applications subject to the variance procedure. · ../om_isapi.dll?advquery=4-4-8&aquery=4-4-8&depth= 1 &depth= 1 &headingswithhits=on& 05/22/2001