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Home My WebLink AboutPC RES 3958RESOLUTION NO. 3958 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVE ZONE CHANGE (MCAS TUSTIN SPECIFIC PLAN AMENDMENT) 04-001 TO AMEND SECTIONS 3.9.4 AND 3.13.2 OF THE MCAS TUSTIN SPECIFIC PLAN TO ESTABLISH NEW SITE DEVELOPMENT STANDARDS FOR MCAS TUSTIN SPECIFIC PLAN DISPOSITION PARCEL 36. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Moffet Meadows Partners, LLC submitted a proper application for Zone Change (MCAS Tustin Specific Plan Amendment) 04-001 to amend Sections 3.9.4 and 3.13.2 of the MCAS Tustin Specific Plan to establish new site development standards for MCAS Tustin Specific Plan Disposition Parcel 36. B. That a public hearing was duly called, noticed, and held on said application on January 24, 2005, and continued to February 14, 2005, by the Planning Commission. C. MCAS Tustin Specific Plan Disposition Parcel 36 is located within Planning Area 21 of the MCAS Tustin Specific Plan and is bounded by the City of Tustin/City of Irvine boundary on the north, the MCAS Tustin Specific Plan boundary on the east, Peters Canyon Flood Control Channel on the west, and Warner Avenue on the south. D. The proposed zone change supports and is consistent with the Tustin General Plan. The Land Use Element includes the City's goals and policies for the long-term growth, development, and revitalization of Tustin. Based on the summary of issues, needs, opportunities, and constraints described in the Tustin Land Use Element, ten goals are identified which include the following: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Revitalize older commercial, industrial, and residential development. 4. Improve city-wide urban design. 5. Promote economic expansion and diversification. Resolution No. 3958 Page 3 patterns, and landscape patterns distinct from surrounding areas. The Planning Commission hereby recommends that the City Council approve Zone Change (MCAS Tustin Specific Plan Amendment) 04-001 ("Zone Change") to amend Sections 3.9.4 and 3.13.2 of the MCAS Tustin Specific Plan to establish new site development standards for MCAS Tustin Specific Plan Disposition Parcel 36, as identified. in Exhibit A, attached hereto. Such Zone Change shall not become ..effective until Annexation 159 for the annexation of MCAS Tustin Reuse Plan Disposition Parcel 36 becomes effective. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 14th day of February, 2005. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) J N NIELSEN Chairperson I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3958 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day February, 2005. L~ .~~~ ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A OF RESOLUTION NO. 39-8 (ZONE CHANGE 04-00'I ) Chapter 3 • Land Use and Development/Reuse Regula#ions B. Accessory Uses and Structures Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted use on the same site and'would include: • Carports • Garages • Home occupations. subject to provisions of the Tustin City Code • Patio covers/trellises Swimming pools, spas, Jacuzzis • Tennis courts, basketball courts and other multi-purpose courts, recreation and community buildings A - rl ~*..., nr, „-ems ~ r.rr, T-...:-.., D7......;.. .. A«on 24 '7.. .. a ~o „„1;..nhle lQe..r;~„~_V S 424''11 C. Unlisted Uses Those used not specifically listed are subject to a determination by the Community Development Director as either permitted, permitted subject to a conditional use permit or prohibited consistent with the purpose of the land designation of this planning area and the Specific Plan. Decisions of the Director are appealable to the Planning Commission. D. Site Development Standards - (Gtt~-^~~ Reuse Plan Disposition Parcel 36 Only) S D ~ r A .•o n_ 2 4 n ~ T ~ ~ ~ Z '[BT~ G~~~vii~ '1~-Z ~ Zii~ rOII 1~ . T' b'~21TF2~ ~ 1 1. f 'r ,:+i.:., fL,o fl, ~ 11 rr} 7i7v~'~~ttt1S$ T .-t' .+f ti ~ ~ „~ Din.,..:..,, Aron 1. 11 * .i 1 C/1 ,,:*~. T„ 1 nrl.l't' +L, r'''~ f T T .,«,rln..n,+e i1A'n.,„nl nri.7 f'~ «rl.,r.i Dln..~ ~.....t,.. ......,.,». ...... .,.»..----- - ------ City of Tustin MCAS Tustin Specific P/an/Reuse Plan Amendments Page 2 Chapter 3 • Land Use and Development/Reuse Regulations E. Site Development Standards - ( Reuse Plan Disp osition Parcels 34 and 35) Single Family Detached 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum lot area - 3,000 square feet 3. Minimum lot width - 35 feet 4. Maximum building height - 35 feet 5. Maximum lot coverage - 50 percent of lot area. Covered areas shall include all areas under roof except trellis areas, roof overhangs, and covered porches outside the exterior wall. 6. Minimum building setbacks46 a) Harvard Avenue - 42 feet b) Edinger Avenue - 40 feet c) Moffett Avenue - 10 feet d) Local public street - 10 feet e) Private street or private drive - 5 feet f) Interior side yard - 3 feet minimum with aggregate requirement of 10 feet for both side yards g) Rear yard - 10 feet 7. Landscape setbacks` '` a) Edinger Avenue - 30 feet b) Harvard Avenue - 30 feet c) Moffett Avenue - 20 feet 8. Landscaping a) Areas not devoted to buildings, parking areas, hardscape, and roads, shall. be landscaped. b) Compliance with the City of Tustin Landscape and Irrigation Guidelines c) Compliance with the Landscape Design. Guidelines in Section 2.17 of this Specific Plan 9. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 10. Other General Development Regulations (refer to Section 3.11 as applicable) 11. Signage (refer to Section 3.12 as applicable) 12. Off-street parking (refer to Section 3.13 as applicable} F. Site Development. Standards - ( Reuse Plan Disp osition Parcels 34 and 35) Single Family Attached 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum lot area per family unit - 3,000 square feet as Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Building setbacks are measured from future right- of-way. Non-conforming building and landscape setbacks will be permitted to remain where existing buildings and structures are not in future right-of-way. City of TUSfin MCAS Tustin Specific P/an/Reuse Plan Amendments Page 4 Chapter. 3 • Land Use and Development/Reuse Regulations 13. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. . ~ 14. Other General Development Regulations (refer to Section 3.11 as applicable) 15. Signage (refer to Section 3.12 as applicable) 16. Off-street parking (refer to Section. 3.13 as applicable) G. Site Development Standards - ( Reuse Plan Disa osition Parcels 34 and 35) Condominiums and Multiple Family Dwellings 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum development site - 10 acres 3. Maximum building height - 40 feet 4. Maximum lot coverage - 65 percent, less the required building and landscape setbacks 5. Common. open space - 400 square feet per dwelling unit located within common, designated recreational areas. Private ,. ~ attached ground level patios may be credited if open on three - sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and parking lots. 6. Minimum gross floor area per dwelling unit, excluding the garage a) Bachelor - 450 square feet b) 1 Bedroom - 550 square feet c) 1 Bedroom with den - 700 square feet d) 2 Bedrooms - 750 square feet e) 2 Bedrooms or more with den - 850 square feet 7. Minimum building setbacksAB a) Harvard Avenue - 42 feet b) Edinger Avenue - 40 feet c) Moffett Avenue - 10 feet d) Local public street - 10 feet e) Private street or private drive - 5 feet f) Interior side yard - 3 feet g) Rear yard - 10 feet h) Distances between principal structures - 10 feet i) Distances between accessory structures - 5 feet 8. Lan dscape setbacks49 "B Building setbacks aze measured from future right-of-way. Nonconforming building and landscape setbacks will be permitted to remain where existing buildings and structures are not in future right-of-way. 49 Landscape setbacks are measured from the back of the curb and aze a combination of parkway, ` sidewalk, and planting areas. 'Landscape setbacks may be reduced to accommodate existing walls or buildings. Building setbacks are measured from future right-of--way. City of Tustin MCAS Tustin Specific PIaNReuse Plan Amendments Page 6 Chapter 3 • Land Use .and Development/Reuse Regulations units along the street frontage have living space over a garage with less than a 10 foot setback. All units located along both sides of a street segment shall be included when calculating the above 75 percent determination, regardless of whether they front, side, or rear load on that section of a street. A garage shall not be setback between 9 feet and 19 ,feet from the right-of-way line. Garages setback 9. feet or less shall be equipped with an automatic garage opener. e) Private drives and courts - The minimum building setback shall be 7 feet in a private court or on a private drive not located within a court. An attached or detached garage may be setback a minimum of 3 feet provided that no more than 50 percent of the length of the building frontage over the total length of the drive or court is setback less than 7 feet. In calculating the total length of the drive or court and the length of building frontage, the length of building and street frontage on both sides of the .. drive or court shal~be used. If living areas aze provided above garages, garage setback shall apply. The minimum 3 foot garage setback shall be increased where necessary to accommodate required sidewalks. A garage shall not be setback between 9 feet and 19 feet from the right-of- way line. Garages setback 9 feet or less shall be equipped with an automatic garage opener. A minimum distance of 40 feet shall be maintained between ground floor living areas on units across from each other in a court, on a drive, or on a shared driveway. f) Minimum distance between buildings -The minimum horizontal distance between adjacent buildings shall be 10 feet. The minimum distance between buildings may be reduced to 6 feet for no more than a maximum length of 25 feet of a building elevation, provided that there aze no windows on one elevation for that portion of the building elevation with less than a 10 foot setback. If living areas are provided above garages, garage setbacks shall apply. g) Tract. boundary -The minimum building setback from any tract boundary shall be 10 feet. If the tract boundary is adjacent to a park or other permanent open space, the minimum building setback shall be 5 feet. 10. Landscape setbacksso so Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Landscape setbacks may be reduced to accommodate existing walls or buildings. City.of Tustin MCAS Tustin Specific PIaNReuse Plan Amendments Page 8 Chapter 3 • Land Use and DevelopmentJReuse Regulations housing requirements will be established for specific sites at the time of development project approval to ensure uniformity. with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following a) Di~osition Parcel 36 only: Prior to issuance of a certificate of use and occupancy, the developer shall enter into a legally binding agreement with the City of Irvine to.provide in Planning Area 22 the affordable housing units that would have been required on Disposition Parcel 36 pursuant to the City of Irvine Affordable Housing Implementation Procedure (Chapter 2-3 of the Irvine Zoning Code) and agree to deed restrictions on targeted affordable housing units that are binding` on Qroperty upon sale or transfer. Said agreements shall address the following: 1) Number of units b~tvpe, location, bedroom count 2) Standards for c~ualifying income and maximum - .~ .rents or sales prices .. 3) Parties responsible for sales prices and incomes If the required affordable housing units are not provided in Planning Area 22 then the developer shall comply with general affordability requirements applicable to Disposition Parcels 34 and 35 and the following number of affordable units shall be provided: 1) At least 9 units for initial occupancy by very low income level households 2) At least 7 units for initial occupancy by low income level households 3) At least 7 units for occupancy by moderate income level households b) C-it~ ef~x~r Reuse Plan Disposition Parcels 34 and 35: 1) At least 15% of units for initial occupancy by very low income to moderate income households for redevelopment with 6% (or 40%) of these units affordable to very low income households. Developer compliance with the Homeless Accommodation Plan described in Section 2.3.6 and 2.4 shall be required. 2) At least 10 additional units for initial occupancy by low income Ievel households. 3) At least 20 additional units for initial occupancy by moderate income level households. • 4) Restricted affordable housing, units shall be reasonably dispersed throw hg~out a project and shall be compatible with the design and use of market City of Tustin MCAS Tustin Specific Pfan/Reuse Plan Amendments Page 10 Chapter 3 • Land Use and Development/Reuse t~egulations ~~ £8 S , ~~c}} , _° ++~• ° o- ,a t e ° ~ au ~ a o _ ~ e rn~6~ioi-$9'c-~~6iT~ffg-6ii--fry ^ff,....a.,l..l° »nit~e f 1 ff .7 l+'1'~. °l.,ny 'll b.° «.7.,..~°a 1+~ ~~ s , e b 4. Tenure -Reuse/development of Planning Area 21 shall. be encouraged to be ownership tenure. Development of apartments is a discretionary action requiring approval of a conditional use permit. Consideration of a conditional use permit should include the City's preference for ownership tenure, and in any event, no more than 25 percent of the total number of units permitted w=tlri-~-~t#or-tom. T"~ti~ ..= T' ~'.::- may be approved for apartments. 5. Existing structures to be reused shall be brought into conformance with applicable provisions of the Uniform Building Code, as amended by the City's of Tustin or Irvine (as applicable), State of California Title 24 Access Compliance (handicapped provisions), and requirements of the Americans with Disabilities Act (ADA). 6. Utility metering modifications and provision of independent utility services shall be committed to by agreement between the City of Tustin ~,~~'~* f t '«° ~f., ° ~.°° ''al,: T" °: and those agencies receiving property in Planning Area 21 prior to use and occupancy of existing buildings and new development. City of Tustin MCAS Tustin Specific Plan/Reuse Plan Amendments Page 12 Chapter 3 • Land Use. and Development/Reuse Regulations information determines the need for demolition to eliminate public health and. safety risks, 2) to improve the appearance of the Planning Area, 3) to accommodate the completion of major roadway improvements, and 4) to properly implement the permanent land use intent of this Planning Area. A summary of the key design guidelines for Planning Area 21 is provided in Figure 3-9. City of Tustin MCAS Tustin Specific PIaNReuse Plan Amendments Page 14 Chapter 3 • Land Use and Development/Reuse Regutations_ TABLE 3-4 (CONTINUED) RESIDENTIAL OFF-STREET PARKING REQUIREMENTS REUSE PLAN DISPOSITION PARCEL 36 ONLY Number of Number o Spaces Covered/Assi>?ned Unassigned Housin T e Re wired S aces er Unit Guest S aces Detached Single-Family 1 Bedroom• 2_0 2 Garage Public/Private 2 Bedroom 2.0 2 Garage Street fronta>?e2 3 Bedroom 2.0 2 Garage 4 or more Bedroom 3.0 2 Gara e Attached Development, Ownership3 Studio 1_0 1 Covered .7 spaces/utut if 1 Bedroom 1_5 1 Covered ag rases 2 or more Bedroom 2.0 1 Covered .4 spaces/unit if c orts 'Resident spaces maybe tandem. 2 If on street pia lone is not nermftted or is restricted on the unit's sweet frontage tben 1 visitor narking pace ~t,~n he required for each affected unit This visitor gpace shall be located not more than l00 feet from the unit's street frontage. This space cannot be tandem. visitorpgr ins requirements if on a private street. Tandem s On s>reetparking may count toward fulfilling _ arldn ma not co and fu ' itor arldn eats. ~° 3.13.3 Commercial Shopping Center Off-Street Parking Requirements Table. 3-5 defines the off-street parking requirements for the commercial centers in the Specific Plan. TABLE 3-5 COMMERCIAL SHOPPING CENTER OFF-STREET PARKING RE UIREMENTS Plannin ArealUse T e Parking Spaces per Square Foot o Gross Floor Area PA 7 Villa e Services i s ace/225 s uaze feet PA 9 Commercial 1 s ace/225 s ware feet PA 18 Commercial 1 space/200 square feet PA 19 Commercial 1 space/225 square feet MCAS Tustin Specific Plan/Reuse Plan Amendments City of Tustin Page 16