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Home My WebLink About02 STDS. FOR DRIVEWAYS 07-16-01AGENDA REPORT MEETING DATE' JULY 16, 2001 TO' WILLIAM HUSTON, CITY MANAGER FROM' COMMUNITY DEVELOPMENT DEPARTMENT NO. 2 07-16~01 600-92 SUBJECT: CODE AMENDMENT 00-001 RELATED TO DEVELOPMENT STANDARDS FOR DRIVEWAYS FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL PROPERTIES SUMMARY Code Amendment 00-001 would provide development standards for driveways for residential, commercial, and industrial properties. On June 11, 2001, the Planning Commission recommended that the City Council approve Code Amendment 00-001. RECOMMENDATION That the City Council' , Adopt Resolution No. 01-67 adopting the Final Negative Declaration as adequate for Code Amendment 00-001. , Introduce and have first reading by title only of Ordinance No. 1240 approving Code Amendment 00-001 related to development standards for driveways for residential, commercial, and industrial properties. BACKGROUND In a prior meeting, members of the Planning Commission requested that standards be drafted to regulate driveway width for residential and non-residential properties. This request was made due to increasing number of properties, especially in the multiple- family residential districts, where the entire front yards were converted into parking lots. The City's current' standards for driveways only provide the minimum requirement for driveway width. In addition, the construction of a concrete slab does not require a building permit. Therefore, property owners could pave the entire front yard without building permits and/or the City's consent. Often the City is not aware of this situation until a complaint is received.. This issue is difficult to address since the current code does not regulate the maximum allowable for pavement area. At a Planning Commission workshop on February 26, 2001, the Planing Commission directed staff to gather information needed to assist the Commission in considering the Code Amendment 00-001 July 16, 2001 Page 2 of 6 proposed code amendment. This information is summarized in the Planning Commission report dated June 11,2001. On June 11, 2001, the Planning Commission recommended that the City Council adopt Code Amendment 00-001 related to development standards for driveways for residential, commercial, and industrial properties. Attachment A is a copy of the Planning Commission staff report from the meeting of June 11, 2001. A discussion of the City's existing requirements and proposed standards are included within the report. The Planning Commission recommended adoption of the standards outlined in the "Discussion" section of this report..In addition, the Planning Commission, on the advice of the City Attorney, included provision to exempt properties that have received building permits or discretionary entitlements for paved areas from complying with the proposed standards which is included in the proposed ordinance. On June 18, 2001, the City Council continued this item to allow the City Attorney to identify issues and/or potential impacts related to the retroactive enforcement of the new driveway standards. Consequently, the following discussion summarizes the proposed code amendment and includes proposed revisions and recommendation from staff and the City Attorney. DISCUSSION The intent of the proposed standards is to provide an adequate area for vehicular access and to regulate the amount of paved area permitted within the front yard setback area to enhance the visual quality of the City's neighborhoods and create consistency, especially in areas that are not regulated by homeowners' associations. In general, the proposed code amendment would regulate driveways and paved areas as follows (Attachment C - Ordinance No. 1240)' For residential properties, driveways could be a minimum of twelve (12) feet and a maximum of twenty-four (24) feet for a two-car garage or thirty (30) feet for'a three-car garage within the front yard setback. Residential setbacks vary from fifteen (15) to twenty (20) feet. The typical two-car garage width is twenty (20) feet with a door opening of sixteen (16) feet. The typical three-car garage width is thirty (30) feet with door openings of sixteen (16) feet on. the two-car garage portion and eight (8) feet on the one-car garage portion. A maximum driveway width of twenty-four (24) feet for a two-car garage and thirty (30) feet for a three- car garage would provide sufficient area adjacent to the driveway for walkways and paved areas. However, the dimensions for a three-car garage could be reduced to sixteen (16) feet for a two-car garage and twenty-four (24) for a three- Code Amendment 00-001 July 16, 2001 Page 3 of 6 car garage, if desired. These reduced dimensions would equal typical garage openings and provide sufficient maneuverability into garage spaces. Paved areas for accessory residential uses such as parking vehicles or providing pedestrian access to the residence could be provided within the front yard setback of residential districts if the total paved area does not exceed fifty (50) percent of the total front yard setback and the parking, of vehicles does not obstruct ingress and egress to required parking. For residential properties located in a cul-de-sac, the maximum allowable paved areas' could be seventy-five (75) percent of the front yard setback. A reduced dimension, such as sixty (60) percent, could also be considered. However, corner lots typically have a reduced front yard area and may not be able to comply with the standard. One-way driveways within the front yard area of commercial and industrial properties could have a minimum width of fourteen (14) feet and a maximum width of twenty (20) feet. The front yard is defined as the area between the front property line and the building. Two-way driveways for commercial and industrial properties could have a minimum width of twenty-four (24) feet and a maximum of thirty-five (35) feet. The proposed widths are typical widths needed for adequate ingress and egress. The Planning Commission considered a minimum of twenty-eight (28) feet; however, to allow for flexibility in parking .lot designs for commercial and industrial properties, staff recommends that the minimum width for a two-way driveway be reduced to twenty- four (24) feet. Paved areas could consist of concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. Gravel, decomposed granite, or other lose materials would not be acceptable. Unpaved or unimproved areas would need to be improved and maintained with landscaping. The new standards would be applied to all new development and would apply retroactively to existing improvements. The Planning Commission, on the advice of the City Attorney, included a provision to exempt properties that have received building permits or discretionary entitlements for paved areas from complying with the standards. Following the Planning Commission action, the City Attorney recommended the addition of language that would provide for an amortization period. This would allow property owners to bring their properties into compliance with the new standards within thirty-six (36) months of the latter of either: (1) the effective date of the code amendment; or, (2) the date of issuance of a notice of Code Amendment 00-001 July 16, 2001 Page 4 of 6 abatement by the City. amendment. This language is included in the proposed code With respect to enforcement, the Planning Commission directed staff to focus enforcement of the new standards in areas of concern, such as multiple-family residential areas, and conduct an educational outreach effort by notifying the Tustin Effective Apartment Managers (TEAM), if the proposed code amendment is adopted by the City Council. Based on the Planning Commission's action and staff's recommendation, the proposed code amendment text would read as follows' Sections 9221.a.1(j), 9222.a.l(j), 9223.a.1(j), 9224.g.9, 9225.a.1(h), 9225.a.2(j), 9225. b.1(j ), 9225.b.2(k), 9226.a.1(k), 9226.a.2(k), 9226.b.2(i), 9226.b.3(k), 9226.b.4(i), 9226.b.5(j), 9226.b.6(i), 9227.b.12, 9228.b.4(k), 9228.b.S(j), 9228.0.8, 9231.b.9, 9232.b(j)(10), 9232.b(k)(8), 9232.c(2)(g), 9233.b(7), 9233(0)(m)(10), 9234.b(h), 9234.d(h), 9234.e(i), 9235.f(9), 9241 .cO), and 9242.c(d) shall be added to read' "Driveways' Subject to Subsection 9271 (bb)" Subsection 9271(bb)is added as follows: a, Driveways for Residential Districts: If the garage or carport is designed for one or two vehicles, the driveway width within the front yard setback, as defined in Section 9297 of Tustin City Code, shall be a minimum of twelve (12) feet and a maximum of twenty-four (24) feet; if the garage or carport is designed for three or more vehicles, the driveWay width within the front yard setback shall be a minimum of twelve (12) feet and a maximum of thirty (30) feet. Paved areas for accessory residential uses such as the parking of vehicles or providing pedestrian access to the residence may be provided within the front yard setback of residential districts if the total paved area does not exceed fifty (50) percent of the total front yard setback, the parking of vehicles does not obstruct ingress and egress to required parking, and all of the requirements of this Section can be met. For lots at the end of cul-de-sacs with a lot frontage of less than forty (40) feet, the parking and driveway areas within the front yard setback shall not exceed seventy-five (75) percent of the total front yard setback. Total width may be divided for properties with two (2) driveways. Parking and driveway areas within the front yard setback shall be separated with a minimum of a three (3) foot landscape area between the parking or driveway area and the adjacent side or rear property line. Code Amendment 00-001 July 16, 2001 Page 5 of 6 be Driveways for Commercial and Industrial Districts' One-way driveways within the front yard area, as defined in Section 9297 of the Tustin City Code, would have a minimum width of fourteen (14) feet and a maximum width of twenty (20) feet. Two-way driveways within the front yard would have a minimum width of twenty-four (24) feet and a maximum width of thirty-five (35) feet. Gl Paved areas may be improved with impervious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed. Unimproved and/or unpaved Portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition. al The provisions of this Subsection shall apply to all lots in the City, except that for lots with paved areas in excess of the requirements specified in this Subsection constructed or installed prior to August 16, 2001, such excess paved areas shall be discontinued, removed, or altered to conform to the provisions of this Subsection within thirty-six (36) months after the latter of the following dates' (1) the effective date .of this Subsection (August 16, 2001); or (2) the date of notice of abatement issued by the Director of Community Development or the Director's designee. Section 9297 is amended to include definitions for the following' "Driveway" means a paved area of a lot located between the public right- of-way and the garage, carport, or required parking space designed and intended as an access way between a private or public road and the garage, carport, or required parking space. "Paved Area" means an area of any required yard which is constructed with impervious mat'erials which either results in an increase in the amount of storm water run-off into public storm drainage facilities or hinders natural percolation of storm water on the subject property. Subsection 9299.b.(1)(h)is added to read' "An increase of not more than ten (10) percent in the maximum permitted driveways within the front yard setback for residential districts or the front yard for commercial and industrial districts." Code Amendment 00-001 July 16, 2001 Page 6 of 6 Environmental Analysis A Final Negative Declaration has been prepared for this code amendment (Attachment B - Exhibit A of Resolution No. 01-67). Since the proposed code amendment would not result in any significant impacts to the environment, no mitigation measures are necessary. Justi Willkom AssoCiate Planner Elizabeth A. Binsack Community Development Director Attachments: A. Planning Commission Staff Report dated June 11,2001 Resolution No. 01-67 and Exhibit A (Negative Declaration) Ordinance No. 1240 (Code Amendment Text) \\COMM_DEWVOLI\SHARE~D\CDD-RDA\CDD\CCREPORT~ddveway code amendment CCM.doc ATTACHMENT A PLANNING COMMISSION REPORT ........ ![~ IL. __ IIIIlllllllllll Il :{epor: :o anning Commission DATE: 'JUNE 11, 2001 SUBJECT' DRIVEWAY CODE AMENDMENT LOCATION' ClTYWIDE ZONING': ALL ZONING DISTRICTS ITEM #3. RECOMMENDATION ,; That the Planning Commission adopt Resolution No. 3728 recommending that the City Council adopt the Negative Declaration related to Code Amendment No. 00-. 001; and, , That the Planning Commission adopt Resolution NO. 3729 recommending that the City Council adopt Code Amendment No. 00-001 related to development standards for driveways for rosidential, commercial, and industrial properties.. BACKGROUND In a prior Planning Commission meeting, a request was made that standards be drafted to rogulate driveway width for residential and non-residential properties. The City's current standards for driveways only provide the minimum requirement for driveway width. In addition, the construction of a concrete slab does not require a building permit. Therefore, property owners could pave the entire front yard without building permits and/or the City's consent. Offen"'the City is not aware of this situation until a complaint is received. This issue is difficult to address since the current code does not regulate the maximum allowable for pavement area. The intent of driveway standards is to provide an adequate area for vehicular access and to regulate the amount of paved area' permitted within the front yard setback area to enhance the visual quality of the City and create consistency, especially within those properties not regulated by Homeowners' Associations. During a workshOp on February 26, 2001, the Planning Commission directed staff to gather information needed to assist the Commission in considering the proposed code amendment. At the workshop, the Planning Commission asked several questions which are summarized in the Attachment 1. The Commission also asked staff to provide other methods in regulating the amount of paved area within the front yard area. These methods are summarized in Attachment 2. Planning Commission Report Driveways Code Amendment June 11, 2001 Page 2 of 7 DISCUSSION __ The following discussion outlines issues and responses related to the City's existing requirements and proposed standards, implementation and enforcement of standards, and the proposed text amendments. Current Issues and 'Proposed Standards Issue: Amount of Paved Area Currently, the Tustin City Code does regulate or provide an enforcement mechanism for driveways or paved areas. Although the City's Parking Lot Design and Standards provides guidelines for the development of parking areas and recommends a minimum of twelve (12) feet for a one-way driveway and twenty-five (25) feet for a two-way driveway, no requirements regarding the amount of area that can be paved within the front yard are included. As such, there are a number of properties within the City where more than fifty (50) percent of the front yard has been' paved (Attachment 3). Response: In developing new standards, a number of cities were contacted, in general, a number of local cities allow for a variation ..between 30. percent and 60 percent of the front yard area to be covered with impervious materials such as paving materials or hardscape. The survey results are shown in Attachment 2. The proposed code amendment would regulate the driveway width within · the front yard setback area. For residential properties, typical front yard setback areas vary from fifteen. (15) feet to twenty (20) feet depending upon the zoning designation. Under the pm'posed code amendment, driveways could be a minimum of twelve (12) feet and a maximum of twenty-four (24) feet for a two-car garage or thirty (30) feet for a three-car garage. In addition, paved areas for accessory_ residential uses such as parking vehicles or providing pedestrian access to the residence could be provided within the front yard setback of residential districts if the total paved area does not exceed fifty (50) percent of the total front yard setback and the parking of vehicles does not obstruct ingress and egress to required parking. For properties located in a cul-de-sac, the maximum allowable paved areas could be seventy-five (75) percent of the front yard area (Attachment 4 - Conceptual Driveway Designs). For commercial and industrial properties, the width of a driveway within the front yard rather than the front' yard setback would be regulated. Section 9297 of the Tustin City Code defines the front yard as the area Planning Commission Report Driveways Code Amendment June 11, 2001 Page 3 of 7 Issue: Response: between the front property line and the building.' One-way driveways within the front yard ama would have a minimum width of fourteen (14) feet and a maximum width of twenty (20) feet. Two-way driveways would have a minimum width of twenty-eight (28) feet and a maximum of thirty-five (35) feet. The proposed widths are typical widths needed for adequate ingress and egress. in addition, paved areas would need to consist of concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. Gravel, decomposed granite, or dirt would not be acceptable. Unpaved or unimproved areas would need to be improved and .maintained with landscaping. By specifying certain widths for driveways and allowing a maximum percentage,' this approach would relate the driveway area to the parking facilities on a residential property while allowing an expansion area of up to fifty (50) percent. Similarly, the driveways for commercial and industrial facilities would be. related to the width needed for one-way and two-way ingress and egress and the maximum allOwable driveway approach, which is thirty-five (35) feet on public rights-of-way. The code amendment would also create an aesthetically pleasing community for residents and businesses and limit the amount, of. storm-water mn-off from developed properties in. the City by limiting the amount of impervious hardscaping in the front of'properties and requiring all unpaved areas be improved with landscape materials. Parking of Boats, Camper Shells, Trailers, etc. The City's current code allows for vehicles, boats, camper shells, trailers, etc., to be parked within the front yard area provided that the area is paved and does not block access to a garage or required parking space.' Consequently, the entire front yard could be utilized for a parking' area provided that. access to the required parking spaces is not blOcked. The proposed code amendment would limit the amount of allowable paved or parking, area within the front yard setback. Consequently, property owners would be. required to provide parking area outside the front setback' area for storage of additional vehicles, boats, camper shells, trailers, etc.' In some areas, there may not be sufficient side or rear yard area to accommodate access or storage area for vehicles, boats, camper shells, trailers, etc. in this case, property owners may need to find commercial storage areas for their boats, trailers, etc. Planning Commission Report Driveways Code Amendment June 11,2001 Page 4 of 7 Issue: Neighborhoods without Street Parking For those, neighborhoods where no on-.street parking is allowed, them may be a need for additional, parking on private properties. Response: The proposed code would allow paved areas to be a maximum of fr[ty (50) percent of the front yard setback or ama. This would provide additional paved area in addition to the ama immediately in front of the garage, carport, or assigned parking ama to allow for additional parking ama while maintaining adequate landscaping to retain aesthetic appeal. In addition, areas outside the front yard area may be able to be paved to provide additional parking. Issue: Review Process Building permits are not required for the construction of flatwork (i.e., concrete slabs).. Consequently, individuals may pave entire front.yards thereby creating "parking lots" without the need of building permits and/or City approval. Typically, the City is not aware of this situation until a complaint is received. Response: If a property oWner wishes to construct flatwork, the proposed code amendment would require property owners to verify the maximum allowabl'e paved area with the City and proceed with construction. If other improvements in conjunction with flatwork are .proposed which require permits, the proposed standards would be applied during plan review. Issue: Deviations Some property owners may not be able to comply with the proposed requirements given existing site constraints. Response: Section 9299.b.(1)(h)is proposed to be added to allow for a ten (10) percent increase in the maximum driveway or paved area through the Minor Adjustment process. The Zoning 'Administrator would have the responsibility to approve,, conditionally approve, or deny Minor Adjustments given the circumstances of the.project.' Implementation and Enforcement of Standards The new standards would become effective thirty (30) days after a second reading of the proposed ordinance by the City Council. As a policy, the Community Development Department would begin an outreach effort immediately after the adoption of the code amendment to inform property owners of the new requirements. Since it would be Planning Commission Report Driveways Code Amendment June 11,2001 Page 5 of 7 difficult for property owners to comply with the new standards immediately, the Community Development Department could allow property ownem until December 31, 2001, to bring their sites into compliance. Beginning on January .1, 2002, Community Development could start to require property owners to comply with new standards upon receiving complaints and/or as part of code enforcement actions. if complaints are received, pro.petty owners who violate the new code would receive "Notice of Violations" and would need to bring the site into .compliance within a .reasonable time frame. Code Enforcement Officers would work with owners to achieve compliance. Failure to comply would result in the referral of the matter to the City Attorney's office. Currently, there is no monetary penalty for non-compliance; however, the City Attorney may seek cost recovery for the court and staff time. Residential property owners 'who wish to bring their sites into-compliance with the new standards may be eligible to apply.for a loan or grant under the Redevelopment Agency's Loan and Grant program. Property' owners could apply for driveway repairs and/or any other exterior improvements. To be eligible, the property owners would need to qualify as Iow- and moderate-income homeowners, or in the case of multi-family · property owners, the properties would need to be occupied by iow- or moderate-income tenants. Proposed Text TO following is the proposed code amendment: Sections 9221.a.1(j), 9222.a.1(j), 9223.a.l(j), 9224.g.9,. 9225.a.l(h), 9225.a.2(j), 9225.b.1(j), 9225. b.2(k), 9226.a.1(k), 9226.a.2(k), 9226.b.2(i), 9226.b.3(k), 9226.b.4(i), 9226.b.5(j), 9226.b.6(i), 9227.b. 12, 9228.b.4(k), 9228.b.5(j), 9228.c.8, 9231.b.9, 9232.b(j)(10), 9232.b(k)(8), 9232.c(2)(g'), 9233.b(7), 9233(c)(m)(10), 9234.b(h), 9234.d(h), 9234.e(i), 9235.f(9), 9241 .cO), and 9242.c(d) shall be added to mad' ... "Driveways: Subject to Section 9271(bb)" Section 9271(bb)is added as follows: al Driveways for Residential Districts: If the garage or carport is designed for One or two vehicles, the driveway within the front yard setback, as defined in Section 9297 of Tustin City Code, shall be a minimum of twelve (12) feet and a maximum of twenty-four (24) feet; if the garage or carport is designed for three or more vehicles, the driveway width within the front yard setback shall be a minimum of twelve (12) feet and a maximum of thirty (30) feet. Paved areas for accessory residential uses such as the parking of vehicles or providing pedestrian access to the residence may. be provided within the front yard setback Of residential districts if the total Planning Commission Report Driveways Code Amendment June 11, 2001 Page 6 of 7 paved area does not exceed fifty (50) percent of the total front yard setback, the parking of'vehicles does not obstruct ingress and egress to required parking, and all of the requirements of this.Section can be met. For lots at the end of cul-de-sacs with a lot frontage of less than forty (40) feet, the parking and ddveway areas within the front yard setback shall not exceed seventy (75) percent of the total front yard setback. Total width may be divided for properties with two (2) driveways. Parking and driveway areas within the front yard Setback shall be separated with a minimum of a three (3) foot landscape area between the parking or driveway ama and the adjacent side or rear property line. b. Driveways for Commercial and. Industrial Districts: One'waY driveways within the front yard ama, as defined in Section 9297 of the Tustin City Code, would have a minimum width of fourteen (14) feet and a maximum width of twenty (20) feet. Two-way driveways within the front yard would have a minimum width of twenty-eight (28) feet and a maximum width of thirty-five (35) feet. C. Paved areas may be improved with impervious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative, stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed. Unimproved and/or unpaved portions of the front yard setback area in' residential districts' or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition. d. The provisions of this Subsection shall apply to all lots in the City. Nothing in this subsection or any other provision of this Code shall be construed as creating or providing any nonconforming Status or any. other right to maintain paved area on any lot in the City in violation of this Subsection. Section 9297 is amended to include definitions for the following' "Driveway" means a paved area of a lot located between the public right- of-way and the garage, carport, or required parking space designed and intended as an access way between a private or public mad and the garage, carport, or required parking' space. "Paved Area" means an area of any required yard which is constructed with impervious materials which either results in an increase in the amount of storm water run-off into public storm drainage facilities or hinders natural percolation of storm water on the subject property. Planning Commission Report Driveways Code Amendment June 11,2001 Page 7 of 7 Section 9299.b.(1 )(h)is added to read: "An increase of not more than ten (10) percent in the maximum permitted driveways within the front yard setback for .residential districts or the front yard for commercial and industrial districts," Just'i.-a Willkom Associate Planner Karen Petemon Senior Planner Attachments: 1. Questions and Answers 2. Methods Utilized by Other Cities 3. Photos of Existing Properties 4. Conceptual Driveway Designs 5. Planning Commission Resolution No. 3728 6. Planning Commission Resolution No. 3729 · ;.,CO.';1:! .CEV VOL ;' SHARED;CDD-RDA;CDD PCREPORT',ariveway code ame~mer~l dec Attachment 1 of Planning Commission Report Questions and Answers Planning Commission Workshop Questions and AnsWers 1. What's the purpose and intent of the Driveway Code Amendment? The. intent of driveway standards is to provide adequate area for vehicular access and to mgulat, the amount of paved ama perrn~ed .within' the front yard setback area:' to create consistency throughout' neighbOrhoods especially within those properties not regulated by Homeownem' Associations. The purpose of driveway standards is to prevent paving entire front yards and/or converting yards into .parking lotS. 2. What would be the penalty if someone paves the entire front yard violating the newly adopted code? Upon receiving a complaint, property owners who violate the code would receive "Notice of ViolationS'.." The prOperty owners would need to bdng the site into compliance at their expense. TypicallY, the Code Enforcement officers would work with owners to achieve compliance. Failure t° comply would result in the referral of the matter to the City Attorney's office. Currently, them is no monetary penalty for non-compliance; however, the City Attorney may seek cost recovery for the court and staff time. 3. Is there any loan and grant program available to assist property owners to bring the site into .compliance? Are them any incentives available to the property owners should they be 'willing to bring their properties into compliance with the new code requirements? " The Loan and Grant program is available through the Redevelopment Agency. Property owners (single family or multi family), if eligible, could apply for loans or grants for driveway repairs and/or any other exterior improvements. To be eligible, the property owners must qualify as Iow- and moderate-income homeowners, or in the case of multi-family property owners, the properties must be occupied by low- and moderate-income tenants. The Grant and Loan program could be utilized as an incentive to property .owners since the money could be used for driveway repairs. 1 Will additional vehicles, recreational vehicles .(RVs),. boats, camper shells, trailers, etc., still be able to park within the front yard setback? Yes, if them is adequate paved area and the vehicles do not block access to the required parking spaces. The proposed code amendment would limit the amount of parking area within the front yard setback ama; however, it would not prohibit the storage of RVs, boats, campers, etc., in the front setback area provided it complies with the proposed code requirements. 5. Could the requirements for driveways be included in.the Specific Plan development standards? Yes, the driveways and site access standards could be included as part of the existing and future Specific Plans or Planned Communities. This will ensure that, upon a change in the use and/or improvement~ of the property, the site would be brought up to code requirements. 6. What is going to happen to those properties that' have paved almost the entire front yard area? Will they be required to comply with the new code roquiroments? Those properties improved prior to the adoption of the code would have until December 31, 2001, to bring the sites into compliance with the new standards. Beginning January 1, 2002, the City would start enforcement and would require those properties be brought up to current code requirements. Public Education outreach would be mailed to property owners immediately after the adoption of the code to inform property owners as to the new requirements and steps in bringing their sites into compliance. Attachment 2 of Planning Commission Report Methods Utilized by Other Cities Methods Utilized by Other Cities in Orange County Staff contacted the following Orange COunty cities to survey how other cities regulate the amount of allowable pavement areas within the front yard setback area. The information is summarized below: Anaheim See attached diagrams. Brea Parking and driveway areas within the entire front yard shall not exceed fifty-five (55) percent of such yard area; for lots at the end of cul-de-sac with a lot frontage of less than forty (40) feet, the parking or driveway areas shall not exceed eighty (80) percent of such yard. Buena Park For all single-family residential uses, a minimum of thirty (30) percent of each required yard abutting a street shall be permanently maintained with landscaping. Costa Mesa No code requirements Fullerton Hardscape is considered as lot coverage. designation. Lot coverage varies upon zoning Garden Grove Landscaping in the required front yard shall cover no less than fifty (50) percent of that yard. La Habm Maximum of sixty (60) percent of the front yard of residential properties can be covered with pavement or Other hardscape (imperious) material. Los Alamitos If the garage or carport is designed for one or two vehicles, the driveway may be a maximum of twenty-four (24) foet in width; if the'garage or carport is designed for three or more vehicles the driveway 'may be a maximum of thirty (30) feet in width. Santa Ana N° regulation. Laguna Hills No regulation. Lake. Forest ,... No rogulation. Mission Viejo No regulation. Newport' Beach No regulation. Seal Beach A minimum of forty (40) pement of front yard area must be landscaped. Yorba Linda No regulation. ?,COMM_DEV~VOLI~SHAREDtCDD-RDAtCDD~JUSTINA~Iethods Utilized by other Cities.doc f:-5i'4 · ,~.v~.~'_7, · - -~-~ .:..., ~.. · . . & F-574 · '"'.'.--'. /¢¢//v'. /o / Attachment .3 of Planning Commission Report PhotoS of Existing Properties iIIii'i I~t , ! Attachment 4 of Planning Commission Report Conceptual Driveway Designs - - i ........ ~ _ '~ ~ .~ ~ - . ~... ~~=~ =~"~ ~ ~ ~ ~ ~, .... .. '~. ... .~.. ~ ~' ~ > ~ i ~~ ,,:~'r~ ' .._ .. = ~~_~ / '"~' =' ......... -' '~--' 'F''~--:'" -.-~, ~ · ' i . ~' :~-~ I . , · /'% ~ ,,,.. ..... ::_ "~ Attachments 5 and 6 of Planning Commission Report See Attachments B and C of City Council Report ATTACHMENT B RESOLUTION NO. 01-67 10 14 17 18 20 21 22 23 24 25 2'/ 29 RESOLUTION NO. 01-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 00-001, AN AMENDMENT TO TUSTIN CITY CODE ARTICLE 9, CHAPTER 2 RELATED TO DRIVEWAY STANDARDS, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council of the City of Tustin does hereby resolve as follows' The City Council finds and determines as follows: A. That Code Amendment 00-001 related to driveway standards is considered a "project" pursuant to the terms of the California Environmental Quality Act. B. An Initial Study and Negative Declaration have been prepared for this code amendment and have been distributed for public review. C. The Planning Commission at their meeting of June 11, 2001, recommended that the City Council adopt the Negative Declaration related to Code Amendment 00-001 as adequate related to development standards for driveways in residential, commercial, and industrial districts. D. 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. E. The City Council has evaluated the proposed Negative Declaration and determined that the proposed code amendment will not result in any significant impacts and, therefore, no mitigation measures are necessary to reduce any significant impacts to a level of insignificance. II. A Final Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and State guidelines. The City Council has considered the information contained in the Negative Declaration prior to approving the proposed code amendment and found that it adequately discusses'the environmental effects of the proposed code amendment. On the basis of the initial study and Resolution No. 01-67 Page 2 of 2 comments received during the public hearing process, the City Council finds that there will not be a significant effect as a result of the proposed code amendment. Further, the City Council finds that the code amendment involves no potential for any adverse effects, whether individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Games Code. The City Council hereby adopts the Final Negative Declaration for Code Amendment 00-001. l0 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 16~ day of July, 2001. ll TRACY WILLS WORLEY Mayor 14 !5 PAMELA STOKER City Clerk 18 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 20 21 24 CERTIFICATION FOR RESOLUTION NO. 01-67 I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above .foregoing Resolution No. 01-67 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 16t~ day of July, 2001. 28 PAMELA STOKER City Clerk INITIAL STUDY COMMUNITY DEVELOPMENT DEPARTMENT 300 Centenm'al Way.. Tuatin. C2d 92780 (714) 573-3100 _ m~ BACKGROUND Project Title: Lead Agency: l.ead Agency Contact Person: Project Location: Project Sponsor's Name and Address: General Plan Designation: ZoNng Designation: Project Description' Code Amendment 00-001 - Driveway Code Amendment City of Tustin 300 Centennial Way Tustin, California 92780 Justina Willkom Phone: (714) 573-3174 Citywide N/A All land use designations. All zoning districts. Amendment to Tustin City Code to.limit the width of driveways or paved area within the front yard setback area to twenw.-four (24) f~et lbr a garage or carport designed for one or two vehicles and thirty (30) feet for a garage or carport designed fbr three or more vehicles within residential zoning districts; to limit the paved areas, for accessory residential uses to fifty (50) percent of the total ii-om yard area; and to limit the width of drivev~ays within the commercial and industrial zoning districts to twenty (20) feet ~br one-xx~.' traffic and to thirty-five (35) l~et ibr two-way traffic. Surrounding Uses: North: Count>' of ()range South: City oflrvine East: County of Orange and City o1' lrvine West: City of Santa Aha Other public agencies whose approval is required' Orange Counts' Fire Authority Orange County Health Care Agency South. Coast Air Quality Management District Other City of Irvine City of Santa Ana Orange County [!MA a~ ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked,below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D. below.' ['-~Land Use and Planning [-]Population and I lousing ['-]Geological Problems [~Water I~Air Quality ['-']Transportation & Circulation ['-]Biological Resources ["]Energy and Mineral Resources [-]Hazards [--]Noise [-"]Public Sen, ices [~Utilitie$ and Sen, ice Systems [-']Aesthetics [~Cultural Resources [~Recreation [--]Mandato~, Findings of Significance C. DETERMINATION: 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. [-] I find that although the proposed project could have a significant effhct on thc environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARA'['ION will'be prepared' ['-'] I find that the proposed project MAY have a significant effhCt on the environment, and an ENVIRONMENTAI~ IMPACT REPORT is required. I find that thc proposed project MAY have a significant effect(s) on'the environment, but at least one effect 1) has been .adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the eft~cts that remain to be addressed. I find that although the proposed project could have a significant cttiect on the environment, there WI i.L . NOT be a significant effect'in this case because all potentially significant effects I) have been analyzed adequately, in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation .measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect' on the environment, there WILl. NOT be a significant effect in this case because all potentially significant effects I) have been analyzed adequately' in aa earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGAllVE DECI.ARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: Justina Wil!kom Elizabeth-A. l~insack, (2°~m-~'~: l~evel'°pment Director Title ..Associate Planner Date _/2'-J' ~. ,,'.~ t) 2) 3) 4) 5) 6) 7) 8) 9) De EVALUATION OF ENVIRONMENTAL I.xlpACTS Directions A brief explanation' is required for all answers except "'No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses lbllowing each question...\ "No lmpact" answer is adequately supported if thc referenced in£onnation sources show that the impact simply does not apply.' to projects like the one involved (e.g., the project thlls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors and general standards (e.g., lhe project ',,,'ill not expose sensilive receptors to pollutants, based on a project-specific screening analysis). All answers must take into account thc whole ac~/on involved, including off-Site: on-site, cumulative project level, indirect, direct, construction, and operational impacts. Once the lead agency has determined that a particular physical impact ma5' occur, the checklist answers must indicate whether the impac! is potentially significant, less than significant with mitigation, or less than significant. "Potentially' Significant Impact" is appropriate if there is substantial evidence that an cfr'cci'may be significant. It' there are one or more "Potentially. Significant Impact" entries when the determination is made, and I:.IR is required. "Negative Declaration' Less Than Significant With .Mitigation Incorporated" applies xxherc thc incorporation of mitigation n:teasures has reduced an ettiect t?om "Potentially Significant Impact" to a "l.ess than Significant Impact." Thc lead agency must describe the mitigation measures, and briclly explain ho,,,,' they reduce the eflbct to a less than significant level (mitigation measures fi'om Section XVI'I, "Earlier Analyses." ma.,,', be cross- ret~renced). Earlier analyses ma.,.' be used where, Pursuant to thc tiering, pro.am EIR, or other CEQA Process, an clli2ct has been adequately analyzed in an earlier [-'.IR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identi[3: the following: a) .Earlier Analysis t."sed. Identi£y and state where they are available tbr review. b) Impacts Adequately Addressed. Identil3, which effects from the al:~ve checklist ,,,,'ere within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such efir~cts ~.'ere addressed by mitigation measures based on the earlier analysis. c) Mitigation Measurcs. [:or effects that are "l.css than' Signilicant with Yditigation M'casures Incorporated,". describe thc mitigation measures which were incorporated or refined l¥om ti~e earlier document and extent to which they. address site-specific conditions for ~hc project. l.ead agencies arc encouraged to incorporate into the checklist references to intbmaation sources Ibr potential impacts (e.g.., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the.page or pages'where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals · , comacted should be cited in the discussion. This is only a suggested lbrm. and Icad agencies are ti'ce to use different formats; however. Icad agencies normally address.the questions I?om this checklist that are relexam to a project's environmental el'fi:ets in whatever format is selected. The explanation ofeach issue should identil3,: a) the significance criteria or threshold, if'any, used to evaluate each question; and,. b) the mitigation measure identified, il'any,'to reduce the impact tO less than significance. EVALUATION OF ENVIRONMENTAL IMPACTS i. AESTHETICS- Would the project: a) I.iave a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees: rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect da): or nighttime views in the area? ii. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effi:cts, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model ~o use in assessing impacts on agriculture and thrmland. Would thc project: a) Convert Prime Farmland, Unique Farmland, or Farmland o~' Storewide hnponance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califi~mia Resources Agency, t.o non- agricultural usc? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c). Involve other changes in the existing environment which, due to their location or natare, could result in conversion of Farmland. to non-agricultural use? I!!. AIR. OUAL,ITY: Where available, the significance criteria established by the applicable air quality management or air pollution 'control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation ol'the applicable air quality plant b) Violate any air quality standard or contribute substantially m an existing or prqiectod air quality violation? c) Result in a cumulatively considerable net increasi~ of any criteria pollutant for which the' project region is non- attainment under an applicable federal or slate ambient air quality slandard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact [3 [3 Less Than Significant" With Mitigation btcorporation [2 El [3 Le.e., 7hah Significant Impact E] :\:o_Impact _. IV. BIOLOGICAL RESOURCES: - Would the project: a) [.lave a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status spccies in local or regional plans, policies, or regulations, or by thc CaliR)rnia Department of Fish and Game or U.S..Fish and WiidliI'c Service? b) I lave a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies., regulations or by the California Department of' Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, Hlling, hydrological interruption, or other means? d) · intert~re substantially with the movement of any native resident or migrator' fish or wildlife species or with established native resident or migratory wildlife corridors: or impede the use of native wiidlif'e nurser)' sites? e) Conflict with any local' policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Communit>,' Conservation Plan, or olher approved, local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the prqject: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly'or indirectly destroy a unique paleontological , O resource or site or unique geologic feature, d) Disturb any human remains, including those interred outside of tbrmai cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, inju~', or death involving: Potentially Significant .. hnpact E] [3 E] Less Than Signi. ficanl . With Mitigation b~corporation Le,~s 7hah $igrt~icant Impact A'o Impact i) Rupture of a known earthquake fault, as delineated on the most recent AIquist-Priolo Earthquake Fault Zoning Map issued by the State.Geologist for the area or based on other substantial evidence of' a known fault? Reti~r to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) i;andslides? b) Result in substantial soil erosion or the loss of topsoil? C) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquel~ction or collapse'? d) Be located on expansive soil, as defined in Table 18-I-B of £he Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils, incapable of adequately supporting the usc of septic tanks or alternative waste water disposal systems where sewers are not available For the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: .. . Would the project: a) Create a significant, hazard to the public or the environment through the murine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous - materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within onc-qi~arter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it creale a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard tbr people residing or working in the project urea? 1') For a project within the vicinity ora private airstrip, would the project result in a safeW hazard for people residing or working in the project area? Pot~,t[all)' Significant h,pact [3 Less Titan Significant With Mitigation Incorporation D. [3 Less Tha~ Signi. ficanr Impact E] ;Vo impacl g) Impair implementation ofor physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wiidlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER e UALITY: . Would the project: a) Violate any water quality standards Or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that'there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.. the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) .Substantially alter the existing drainage pattern of the site or area. including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in llooding on- or oil:site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. Otherwise substantially degrade water quality? g) Place housing within a I O0-year flood hazard area as mapped on a federal Flood Hazard Boundao' or Flood Insurance Rate Map or other flood ha?ard delineation map? h) Place within a l O0-year ilood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, · injuD, or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING- Would the project: a) Physically divide an established community? Po/eh/Jail)' Significant Impact.. [3 [3 Less Than Significant ,ttitigation Incorporation El E] E] [3 [3 L~'s 7han Significant Impact [3 No Impact b) Conflict with any applicable land use plan, policy', or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted, for the purpose of avoiding or mitigating an environmental eli'ecl? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL_ RESOURCES. Would the project: a) Result in the loss ofavailabililv of a known mineral resource that would be of value to the region and ~h¢ residents of the state? b) Result in thc loss o£availability ora Iocally'-important mineral resource recover2,.' site delineated on a local general plan. specific plan or other land use plan? Xl. NOISE- Would the project result in' a) Exposure of persons to or generation of noi'se levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation ofexcessive groundborne vibration or groundbornc noise levels? c) A substantial permanent increase in ambient noise levels in Ihe project vicinity above levels existing without the prqject? d) 'A substantial lcmpora~, or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land usc plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would thc project expose people residing or working in the project area to excessive noise levels? f) For a project within the viciniv,.' of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII. POPuLATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (For example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Polemiaily Signifiean! impac~ ._ Less Than Sigmfieant If 'itb .t,lidgation Incorporation [3 Less Than Significant Impact No Impact c) Displace substantial numbers of people, necessitating the construction of' replacement housing elsewhere? Xlii. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental t~cilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational I~eilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational thcilities or require tho construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) l~xceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either .an increase in traffic levels or a change in location that results in substantial salary risks? d) Substantially .increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g.. farm equipment)? e) Result in inadequate emergency access? D Result in inadequate parking capaci.t? Potentially Significant It.pact Lff,$$ Th~ll? I~.'~th ' Mitigation hworporation E3 Less 7hah ~gigni. ficant hnpact .O E3 E3 E] No Impctcl Conflict with adopted policies, plans, or programs supponin§ alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES.AND SERVICE SYSTEMS- Would the project: . a) Exceed wastewater treatment requirements of the applicable Regional Water QualiLv Control Board? b) Require or result in thc construction of new water or wastewater treatment tacilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project ii'om existing entitlements and resources, or nrc new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the prqject that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments': O Be served' by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with l~deral, state, and local statutes a,nd regulations related to solid waste? XVIL MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the qualit2,.' of the environment substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below sell:sustaining levels, threaten ~o elim'inale a plant or animal community, reduce the number or restrict thc range of a rare or endangered plant or animal or eliminate imponam examples of the major periods of California history, or prehistoD'? b) Does tile proj'cct have impacts that are individually limited, but cumulatively considerable? ("Cumulatively ' considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Polentially Significant hnpac! [3 [3 [3 [3 O . . Less' Than Signi. ficonl Wilh Mitigation #worporation [3 Less Titan Significant Impact E] [23 [3 No Impact ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS DRIVEWAYS CODE AMENDMENT BACKGROUND The purpose of this Code Amendment is to maintain an aesthetically pleasing environment in the City's residential and non-residential areas and promote the health, safety, and welfare of the community by providing standards to determine the maximum alloWable width for driveways. Them would' be no phYsical improvement or changes in the environment' as a result of the adoption of this'code amendment. Impacts of' potential future projects would be evaluated in conjunction with each future project. 1. ' AESTHETICS" Items a thmuah d -"No im?act": The proposed code amendment would establish provisions for maximum" allowable driveway widths for rosidential and non- residential properties. No physical improvements are currently proposed in conjunction with the adoption of this rode amendment. As such, the proposed code amendment will not have any effects on aesthetics in the area including scenic vistas or scenic rosources, including, but not limited to, trees, rocks outcropping, and historic buildings within a state scenic highway. The proposed code amendment will not degrade the existing visual charac'ter or quality of the .plan area or its surroundings. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. .. · Sources: Tustin Zoning Code Tustin General Plan .. Mitieati0n/M0nitodng Required: None Required . AGRICULTUR~,L RESOURCES Items a through c- "No Impact": The proposed code amendment would establish provisions for maximum allowable driveway widths for residential and non- residential properties; however, no physical improvements are currently proposed in conjunction with the code amendment. The proposed code amendment will have no impacts on any farmland, nor will it conflict with existing zoning for agricultural use, or a Williamson Act contract. The code amendment will not result in conversion of farmland to a nOn-agricultural 'use. Impacts related to any future project would be identified and evaluated in conjunCtion with a specific project. Dri~'eu'ay Code Ame.dmen! - I~;itial Study AttaChment A Page 2 of 7 . Sources: Tustin General Plan Mitigation/Monitoring Required' None Required AIR QUALITY '. Items a through e -"No Impact_. The proposed code amendment would establish provisions for.. . maximum allowable driveway widths [or residential and non- residential properties; however, no physical improvements are currently proposed in conjunction with the code amendment. As such, the code amendment will. not conflict with or obstruct implementation of any applicable air plan, violato any air quality ~tandard, result in a cumulatively considerable in'crease of any criteria pollutant as applicable by federal or ambient air quality.standard, nor will it expose sensitive receptors to substantial pollutant con~ntrations, or croat~ objectionable odor affecting a substantial number of people. Impacts related to any futuro proiect would be evaluated when a specific project is proposed. Sources: _ South Coast' Air Quality Management District Rules and Regulations Tustin 'General Plan Miti.aation/Monitoring Required. None Required . Sa B.IOLOGICAL RESOURCES Items a throu.ah f- "No Im?act": The proposed' code amendment would establish provisions for maximum allowable driveway widths for .residential and non- residential properties; however, no physical improvements are currently proposed in conjunction with the code amendment. No impacts to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies or rogulations by the California Department of Fish and Game or U.S. Fish and Wildlife Service would occur as a result of this code amendment. Impacts related to any future project would be evaluated when a specific project is proposed. Source.s.: Tustin General Plan .. M it[(~ atio n/Mo n i_t_o ri_n~-Required' None Required CULTURAL RESOURCES Items a thmu.ah d ' "NO Impact": The proPosed code amendment would establish provisions for maximum allowable driveway widths for residential and non- residential properties; however, no 'physical. improvements are currently Driveway Code Amendment- lnilial Study Attachment A Page 3 of 7 proposed in conjunction with the code amendment. As such, the code amendment will not advemely affe~..any historical msoumes or amhaeologic, al resoumes Or destroy or disturb a unique paleontological resource, human remains or geological foatum. Impa~s related to any futura :projeot would be identified and evaluated in conjunction with a specific project. Sources: ... Cultural Resources District Tustin Zoning Code General Plan Miff., ation/Monitorin~ Required' None Required GEOLOGY AND SOILS Items a (I), a (ii), a (iii), a (iv), b, c, d a_nd e- "No .Impact"' The proposed code amendment would establish provisions for maximum allowable driveway widths for residential and non-residential properties; however, no phYsical improvements are currently proposed in conjunction With. the code. amendment. As such, the proposed code amendment will not expose people to potential adverse geologic impacts, including the risk of loss, injury, or death involving the rupture of a known earthquake fault, strong seismic ground shaking, landslides, soil erosi°n, or loss of top soil, nor is the project on unstable or expansive soil..Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 7~ HAZARD AND HAZARDOUS MATERIALS _ Items a thmuqh h -"No Impact": The Proposed code amendment would establish provisions for maximum allowable driveway Widths for residential and non- residential properties; however, no physical improvements are currently proposed, in conjunction with the code amendment. As such, the proposed code amendment will not result in significant hazards (i.e. explosion,, hazardous materials spill, interference With emergency response'plans, 'wildland rims, etc.), nor is the project area located within an airport land use plan or vicinity of a private airstrip. · Impacts related to future project would be evaluated when a specific project is proposed. . Sources: Orange County Fire Authority Orange County Health Agency Tustin General Plan Sm , 10. Mitigation/MOnitoring Required: .. 'HYDROLOGY AND WATER QUAL!T~ None Required Items a through j-"No Impact": The proposed code amendment would establish provisions for maximum allowable driveway widths for residential and non- residential properties; however, no physical improvements are currently proposed in conjunction with the code amendment. The code amendment will not result in any change in the amount or direction of surface or gmundwaters, Impacts related to any future project would be identified and evaluated in conjunction with a specific project. ~ources: Tustin General Plan Mitigation/Monitoring Required' LAND USE AND PLANNING None Required Items a through c- "No Impacf': The proposed code amendment would establish provisions for maximum allowable driveway widths for residential and non- residential properties, No physical improvement is proposed in conjunction with the code amendment. The code amendment is consistent with the intent of the · City's General Plan to provide an aesthetically pleasing environment. The proposed code amendment will not physically divide an established community or conflict with any applicable habitat conservation plan. Impacts related to density increases would' be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Tustin Zoning Code Mitigation/Monitoring .Required' None Required MINERAL RESOURCES Items a and b- "No Impacti.'; The proposed code amendment would establish ' provisions for maximum allowable driveway widths for residential and non- residential properties. No physical improvement is proposed in conjunction with the code amendment. The proposed code amendment will not result in loss of a known mineral resoume or availability of a locally important mineral resource recovery site delineated on the general plan or other applicable land use maps. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. ' ,, Sources:' Tustin General Plan' Drh'e~ray Code ~mendment- lnflial Smd)' ~ltlachment /1 Page 5 of 7 11'. NOISE 13. Mitigation/Monitoring Required: None Required. Items a through_f-"No Impact": The proposed code amendment would establish provisions for maximum allowable driveway widths for residential and non- residential properties. No physical imprOvement is proposed in conjunction with the code amendment. As such, the proposed code amendment will not expose persons to noise levels in excess of standards established in the general plan, noise code amendment, or excessive ground vibrations, nor will it create a permanent increase in the existing ambient noise levels. Impacts related to any future project would .be identified and evaluated in conjunction with a specific project. ... Soumes: Tustin City Code Tustin General Plan Mitigation/Monitoring Required' None Required POPULATION AND HOUSING Items a, b, antic- "No Impact"' The proposed code amendment woUld establish provisions .-for maximum .allowable 'driveway widths for residential and non- residential Properties. No Physical improvement, is proposed in conjunction with the code amendment. As such no impact associated with the increase in population and housing is anticipated. Sources: Tustin General Plan .Miti~ation/Monit0ring Required: None Required PUBLIC SERVICES Item a-" No Impact": The proposed code amendment would establish provisions for maximum allowable 'driveway widths for residential and non-residential properties;' No physical improvement is proposed in conjunction with the code amendment. As such, the proposed code amendment will not create demand for alteration or addition of government facilities' or services (fire and police protection, schools, parks, etc.). Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required' None Required 14. RECREATION 15. 16. Items a and b- ~No Impact": The propOsed code amendment would establish provisions for maximum allowable driveway widths for residential, and non- residential properties. No physical improvement is proposed in conjunction with the code amendment. As .such, the code amendment would not increase demand for neighborhood parks or recreational facilities. Impacts related to any future project would be ;identified and evaluated in conjunction with a specific project. Sources: .Tustin General Plan 'Miti.~ation/Monitoring Required' TRA N S PO RTA TI O N/TRA F FI C NOne Required Items a through ~- "No Impact": The proposed code amendment would establish provisions for maximum allowable driveway widths for residential and non- residential properties. No physical improvement is proposed in conjunction with the code amendment. As such, no alteration in the traffic generation and circulation patterns within the project area would be affected by the proposed code amendment. The proposed code amendment will not result in changes to air traffic patterns, emergency access, level of service standards, or conflict with adopted policies, plans or programs supporting alternative transPortation. Impacts related to any future project would be identified and ...evaluated in conjunction with a specific'project. Sources' Tustin General Plan Miti.(3ation/Monitorin~ Required_: None Required UTILTIES AND SERVICE SYSTEMS Items a through g - "No impacfl: The proposed code amendment would establish provisions for maximum allowable driveway widths for residential and non- residential properties. No physical improvement is proposed in conjunction with the code amendment. The adoption of the code amendment will:have no impacts to. water treatment, water supply, wastewater treatment, and solid waste disposal. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required' None Required Dr^'ewa)' Code Amendment- Initial Study ,4ttachmet~t /! P. age 7 of 7 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a through c- "No Impact": The purpose of the proposed code amendment is to maintain an aesthetically pleasing environment in the City's residential and' nonresidential areas and promote the health, .safety and welfare of the community by providing standards to determine the maximum allowable;width for driveways. Them would be no physical improvement or changes in the environment as a result of the adoption of this code amendment. Impacts of potential future projects would be evaluated in conjunction with each future, project. As such, the code amendment does not have the potential' to degrade the quality of the environment, achieve short-term environmental goals to the disadvantage of long-term goals, nor produce significant negative indirect or direct effects on humans. S:~,CDD.UUSTINA~current planning~EnvironmentaMriveways nd attachment A.doc COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tusgn, C/4 92 780 (714) 573-3100 N"EGA" VE DsC,ARAT-ON Project Title: Code. Amendment 00-001 - Driveways Code Amendment Project Location: Citywide Project Description: Amendment to Tustin. City Code to limit the width of driveways or paved area within the front yard Setback area to twenty-four (24) feet for a garage or carport designed for one or two vehicles and third.- (30) feet for a garage or carport designed for three or more vehicles within residential zoning districts; to limit the paved areas for accessory residential uses to fifty (50) percent of the total.front yard area; and to limit the width of driveways within the commercial and industrial zoning districts to twenty (20) feet l'or one-way traffic and to thirty-five (35) feet for m-o-way traffic. Project Proponent: City of Tustin, 300 Centennial Way, Tustin, CA 92780 · Lead Agency Contact Person: Justina Willkom Telephone: (714) 573-3174 The Community Development Department has conducted an Initial Study for the above project in accordance with the City. of Tustin's procedures regarding implementation of' the California Environmental QualiB, Act, and on the basis of that study hereby finds: That them is no substantial evidence that the project may have a significant effect on the environment. That potential significant effects were identified, but revisions have been included in the Project pl .ans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. · Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and 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 the public notice of Negative Declaration and extends for twenty. (20) calendar days. Upon review by the Community Development Director, this review pc~'iod may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON JA.~~Y 16, 2001. Elizabeth A. Binsack Community Development Director ATTACHMENT C ORDINANCE NO. 1240 ORDINANCE NO. 1240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CODE AMENDMENT 00-001, AN AMENDMENT TO TUSTIN CITY CODE ARTICLE 9 CHAPTER 2 BY ADDING SECTIONS 9221.a.1(j), 9222.a.1(j), 9223.a.1(j), 9224.g.9, 9225.a.1(h), 9225.a.2(j), 9225.b.1(j), 9225.b.2(k), 9226.a.1(k), 9226.a.2(k), 9226.b.2(i), 9226.b.3(k), 9226.b.4(i), 9226.b.S(j), 9226.b.6(i), 9227.b.12, 9228.b.4(k), 9228.b.S(j), 9228.0.8, 9231.b.9, 9232.b(j)(10), 9232.b(k)(8), 9232.c(2)(g), 9233.b(7), 9233(0)(m)(10), 9234.b(h), 9234.d(h), 9234.e(i), 9235.f(9), 9241.c(j), 9242.0(d), 9271.bb, AND 9299.b.(1)(h) RELATED TO DRIVEWAYS STANDARDS, AND AMENDING SECTION 9297 TO INCLUDE DEFINITIONS FOR A DRIVEWAY AND PAVED AREA. The City Council of the City of Tustin does hereby resolve as follows' Section 1. FINDINGS A, Bi That an amendment to Tustin City Code Article 9, Chapter 2 related to driveways has been prepared to provide standards for driveways and paved areas on residential, commercial, and industrial properties. That on June 11, 2001, the Planning Commission recommended that the City Council approve Code Amendment 00-001 to provide standards for driveways and paved areas for residential, commercial, and industrial properties and directed staff to focus enforcement in areas of concern. C, That on June 18, 2001, a public hearing was continued by the City Council on said code amendment to allow for City Attorney to identify issues and impacts related to retroactive enforcement. D, That on July 16, 2001, a public hearing was duly noticed, called, and held on said code amendment by the City Council. E, That the City's current standards for driveways within residential districts only provide the minimum requirement for driveway width. As such, property owners could pave the entire front yards converting the yards into parking lots inconsistent with the goal of the Land Use Element of the General Plan to assure a safe, healthy, and aesthetically pleasing community for residents and businesses (Goal No. 4). F, That the City's current standards for driveways within the commercial and industrial districts only provide the minimum requirements for driveway width. As such commercial and industrial properties could have driveways Ordinance No. 1240 Page 2 of 5 wider than driveway approaches standards within the public right-of-way and resulting in safety hazards. G, The proposed amendment is regulatory in nature and would provide consistency for determining the minimum and the maximum driveway width in residential, commercial, and industrial zoning districts. The proposed amendment's limitation on the installation and maintenance of impervious materials in required front yards would limit the amount of storm-water run-off attributed to each developed property in the City. The proposed amendment would also create an aesthetically pleasing community for residents and businesses by limiting the amount of hardscaping in the front of properties and requiring all unpaved areas be improved with landscape materials. H. The proposed amendment is consistent with the General Plan goals and policies, particularly: Goal 4: Assure a safe, healthy, and aesthetically pleasing community for'residents and businesses; Policy6.2: Encourage and promote high quality design and physical appearance in all development projects; Policy 6.4: Preserve and enhance the City's special residential character and "small town" quality by encouraging and maintaining Tustin's Iow-density residential neighborhoods through enforcement of existing land use and property development standards and the harmonious blending of buildings and landscape; Policy 6.6.d: Improve the overall quality of Tustin's multi-family neighborhoods through improved site, building, and landscape design; and, Policy6.12: Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety. That the code amendment provides an exemption for those properties that have been improved with paved areas authorized and approved through a building permit or discretionary entitlement by the City. Jm A Final Negative Declaration has been adopted for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Section2. The City Council hereby approves amendments to the commercial, and industrial zoning districts of Tustin City Code as follows' residential, Ordinance No. 1240 Page 3 of 5 Sections 9221.a.1(j), 9222.a.l(j), 9223.a.1(j), 9224.g.9, 9225.a.1(h), 9225.a.2(j), 9225.b.1(j), 9225.b.2(k), 9226.a.l(k), 9226.a.2(k), 9226.b.2(i), 9226.b.3(k), 9226.b.4(i), 9226.b.5(j), 9226.b.6(i), 9227.b.12, 9228.b.4(k), 9228.b.5(j), 9228.c.8, 9231.b.9, 9232.b(j)(10), 9232.b(k)(8), 9232.c(2)(g), 9233.b(7), 9233(c)(m)(10), 9234.b(h), 9234.d(h), 9234.e(i), 9235.f(9), 9241 .cO), and 9242.c(d) shall be added to read' "Driveways' Subject to Subsection 9271(bb)" Subsection 9271(bb)is added as follows: a. Driveways for Residential Districts: If the garage or carport is designed for one or two vehicles, the driveway width within the front yard setback, as defined in Section 9297 of Tustin City Code, shall be a minimum of twelve (12) feet and a maximum of twenty-four (24) feet; if the garage or carport is designed for three or more vehicles, the driveway width within the front yard setback shall be a minimum of twelve (12) feet and a maximum of thirty (30) feet. Paved areas for accessory residential uses such as the parking of vehicles or providing pedestrian access to the residence may be provided within the front yard setback of residential districts if the total paved area does not exceed fifty (50) percent of the total front yard setback, the parking of vehicles does not obstruct ingress and egress to required parking, and all of the requirements of this Section can be met. For lots at the end of cul-de-sacs with a lot frontage of less than forty (40) feet, the parking and driveway areas within the front yard setback shall not exceed seventy-five (75) percent of the total front yard setback. Total width may be divided for properties with two (2) driveways. Parking and driveway areas within the front yard setback shall be separated with a minimum of a three (3) foot landscape area between the parking or driveway area and the adjacent side or rear property line. b. Driveways for Commercial and Industrial Districts: One-way driveways within the front yard area, as defined in Section 9297 of the Tustin City Code, would have a minimum width of fourteen (14) feet and a maximum width of twenty (20) feet. Two-way driveways within the front yard would have a minimum width of twenty-four (24) feet and a maximum width of thirty-five (35) feet. Paved areas may be improved with imperVious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed. Unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition. Ordinance No. 1240 Page 4 of 5 dm The provisions of this Subsection shall apply to all lots in the City, except that for lots with paved areas in excess of the requirements specified in this Subsection constructed or installed prior to August 16, 2001, such excess paved areas shall be discontinued, removed, or altered to conform to the provisions of this Subsection within thirty-six (36) months after the latter of the following dates: (1) the effective date of this Subsection (August 16, 2001); or (2) the date of notice of abatement issued by the Director of Community Development or the Director's designee. Section 9297 is amended to include definitions for the following' "Driveway" means a paved area of a lot located between the public right- of-way and the garage, carport, or required parking space designed' and intended as an access way between a private or public road and the garage, carport, or required parking space. "Paved Area" means an area of any required yard which is constructed with impervious materials which either results in an increase in the amount of storm water run-off into public storm drainage facilities or hinders natural percolation of storm water on the subject property. Subsection 9299.b.(1)(h)is added to read' "An increase of not more than ten (10) percent in the maximum permitted driveways within the front yard setback for residential districts or the front yard for commercial and industrial districts." Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 16t" day of July, 2001. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk