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Home My WebLink AboutORD 1295 (2005) ORDINANCE NO. 1295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING 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 City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council finds and determines as follows: A. B. 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. 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. Following the public hearing, the Planning Commission recommended approval of Zone Change (MCAS Tustin Specific Plan Amendment) 04-001. C. That a public hearing was duly called, noticed, and held on said application on February 7, 2005, and continued to February 22, 2005, by the City Council. 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: Ordinance No. 1295 Page 1 of 20 -- -- ------~- 1. 2. 3. Achieve balanced development. Ensure that compatible and complementary development occurs. Revitalize older commercial, industrial, and residential development. Improve city-wide urban design. Promote economic expansion and diversification. Coordinate development with provision of adequate public facilities and services. Ensure that the development character of East Tustin is compatible with the surrounding man-made and natural environment. Strengthen the development character and mixture of uses in the Old Town/First Street area. Promote an integrated business park character for the Pacific Center East area. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master-planned development. 4. 5. 6. 7. 8. 9. 10. These goals establish the framework for policies related to allocation of land use in the City, and the implementation policies reflect the direction and image the City seeks for the future. The proposed Zone Change support several General Plan goals and policies, including the following: 2. Ordinance No. 1295 Page 2 of 20 1. The project will implement policies under the goal to achieve balanced development including: a. Policy 1.10 - Ensure that the distribution and intensity of land uses are consistent with the Land Use Plan and classification system. Policy 6.2 - 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 low density residential neighborhoods through enforcement of existing land use and property development standards and the harmonious blending of buildings and landscape. b. c. The project will implement policies under the goals and policies for future development of MCAS Tustin Specific Plan including: a. Policy 13.2 - Encourage a development pattern that offers a connectedness between buildings and uses, and has a strong sense of place through architectural styles and creative landscape design. b. Policy 13.5 - Promote high quality architecture, landscaping, signage, open space design, circulation patterns, and landscape patterns distinct from surrounding areas. Section 2. The City Council hereby adopts 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. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of the 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 ~ day of March, 2005. ~b~ LOU BONE Mayor ATTEST: ~~~~ City Clerk Ordinance No. 1295 Page 3 of 20 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) )SS ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the City Council of the City of Tustin duly held on February 22, 2005, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and was finally passed and adopted not less than five days thereafter on March 7, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: RON" DAV"R1' AMAN1'" HAC',"N KAWASHIMA ('») NONE (0) NONE (0) NONE (0) Ordinance No. 1295 Page 4 of 20 Chapter 3 . Land Use and Development/Reuse Regulations . 3.9.4 Planning Area 21 - Low Density Residential A. Permitted and Conditionally Permitted Uses CI~' Be TuBtin The following uses shall be pennitted by right where the symbol "P" occurs or by conditional use where the symbol "C" occurs. 1. Residential uses: Condominiums and cooperatives MultipJe-family dwelling units (apartments) in accordance with tenure provisions in Section 3.9.4.1 Patio homes Single-family attached dwelling units and duplexes Single-family detached dwelling units Transitional housing (maximum of;;á g units ~ partieR ef Sp6eifie Plan) 2. PubliclInstitutional uses: Community care facilities for six or fewer persons Family care facility for elderly for six or fewer persons Large family day care for seven to twelve children on single family detached lots in accordance with the Tustin City Code Residential care facility for elderly, for six or fewer persons Small family day care for less than seven children on single family detached lots Citv of Inine P C C P P P p P P P P PefHIÍ~6à aRt! eaAàiâaRßlIy pemlitteà IiGes frem kyiae Plaftftiftg ¡"'rea 38 Zal1ÍlIg sAali Be applieable (Seatieft Y-B. 838.2). lI. miftimlim et l11rlll1Bitieftal Rellsiftg IIlIitG sRall alse Be pefffiitteà. City of Tustin Page 1 MCAS Tustin Speciñc Plan/Reuse Plan Amendmsnls Ordinance No. 1295 Page 5 of 20 Chapter 3 . Land Use and Development/Reuse Regulations . B. Accessory Uses and Structures Citv at TusHa 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 coversltre]jses Swimming pools, spas, jacuzzis Tennis courts, basketball courts and other multi-purpose courts, recreation and community buildings City af Ir-¡ine p.esessery IIsee anEi slFuetüres frem k'ifte PlllftlliRg Area 38 Zeftiftg are IIfIfJlisable (Seetieft Y.3. 838.2). c. Unlisted Uses Citv of Tustin Those uses not specifically Jisted 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 Jand designation of this planning area and the Specific Plan. Decisions of the Director are appealable to the Planning Commission. Cit-v of IrYÎH8 Refer te applieable City ef Ir lille Zeftillg Cede ¡¡raYisieRs. D. Site Development Standards. (City af Inine Reuse Plan Disposition Parcel 36 Onlv) Site Ele .'ela!""eftt stailàarElø fFe", Jr, iHe Plaflfliftg Area 38 are IIfIpJiellèle (Seeliell V.B. 838.3) fur tRase peFti8ftS af tHe PJaaHiftg ¡'.rea '::ilRift k:ifte. Rewevef, !he tataJ Rllmber aE lIIIils '::itRift the IrviAe pertieR ef this PISftlliRg Area sRali lIat e¡¡elleEi IS!) IIRits. lR additi8ß, tRe City at If...ifte LIII1àseap6 MllFIlial anà Stllfldarà Plans are appliaable iR this aœa. City of Tustin Page 2 Ordinance No. 1295 Page 6 of 20 MCAS Tustin Specific Plan/Reuse Plan Amendments Chapter 3. Land Use and Development/Reuse Regulations . 1. Maximum dwellinl! units - 7.0 dwellinl! units per !!fOSS acre averal!e 050 units maximum) Minimum lot area - 2.400 square feet Minimum lot width - no minimum Maximum buildim¡ height - 40 feet Minimum site landscapinl! - 30 percent. Minimum site landscapinl! shall applv to attached residential and mav include sidewalks and paseolbikewav paths within the proiect area. Minimum buildinl! setbacks froml.45 a) Harvard Avenue - 42 feet b) Wamer Avenue - 42 feet c) Local Street (Private or Public) - 10 feet minimum. 15 feet averal!e d) Private Drives - 10 feet2 e) Interior side vard adjacent to residential use) - 10 feet f) Interior side vard adiacent to non-residential use - 10 feet g) Interior rear vard adiacent to residential use) - 10 feet h) Interior rear vard adjacent to non-residential use - 10 feet i) Southern California Edison Easement - 100 feet j) Buildinl! to buildinl! - 10 feet Landscapinl! 'a) Areas not devoted to buildin!!s parkin!! areas. hardscaoe. and roads. shall be landscaped. Compliance with the City of Tustin Landscape and lrri!!ation Guidelines Compliance with the Landscaoe Desi!!n Guidelines in Section 2.17 of this Specific Plan Bicycle and pedestrian circulation facilities shall provide connections within the Plannin!! Area. to adjacent Planning Areas. and to citvwide bicvcle trails where applicable. Other General Development Regu]ations (refer to Section 3.11 as applicable) Si~na!!e (refer to Section 3.12 as applicable) Off-street parking (refer to Section 3.13 as applicable) 2. 3. 4. 5. 6. 7. b) c) 8. 9. 10. 11. Notes for Section 3.9.4.D: 1. Buildin. setbacks are measured from the curb face corresDondin. to the ultimate ri.ht-of-wav. 2. The folloMn. .ara.e and carnort setbacks reauirements shall aDDlv: 3 foot minimum setback from the travelwav. If a liviD' area is orovided above a .ara.e. the livin. area shall be setback a minimum of7 feet from the travelwav. The travelwav is the oottion of the roadwav for the movement of vehicles. exclusive of shoulders curb sections and auxiliary lanes. 3. Ten (10) feet Dlus 2 feet for everv 5 feet in hei.ht over 30 feet " Non-conforming buildiog and landscape setbacks will be permitted to remain where existing buildings and structures are not io fvture right-Qf-way. City of Tustin Page 3 Ordinance No. 1295 Page 7 of 20 MCAS TusNn Speciffc Plan/Reuse Plan Amendments Chapter 3 . Land Use and Development/Reuse Regulations . E. Site Development Standards. (City of Tustin Reuse Plan Disposition Parcels 34 and 35) Single Family Detached I. 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 waJl. Minimum buiJding setbacks46 a) Harvard A venue - 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 setbacks46 a) Edinger Avenue - 30 feet b) Harvard Avenue - 30 feet c) Moffett Avenue - 20 feet Landscaping a) Areas not devoted to buildings, parking areas, hardscape, and roads, shall be landscaped. b) Comp1iance with the City of Tustin Landscape and Irrigation Guidelines c) Comp1iance with the Landscape Design Guide1ines in Section 2.17 of this Specific Plan Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 1O. Other General Development Regulations (refer to Section 3.11 as applicable) 11. Signage (referto Section 3.12 as applicable) 12. Off-street parking (refer to Section 3.13 as applicab]e) Site Development Standards - (Citr ef TlIÐtin Reuse Plan Disposition Parcels 34 and 35) Single Family Attached 1. Maximum dwelling units - 7 dweJling units per acre 2. Minimum lot area per family unit - 3.000 square feet 6. 8. 9. F. 46 Landscape setbacks are moasured from the back of the curb and are a combination of parkway, sidewalk. and planting areas. Buildiog setbacks arc: measured from future right- of-way. Non-confomUng building and landscape setbacks will be penrutted to remain where existing huildings and structures are not in future righl-of-way. City of Tustin Page 4 Ordinance No. 1295 Page 8 of 20 MCAS Tustin Specific Plan/Reuse Plan Amendments - .---------- Chapter 3 . Land Use and Development/Reuse Regulations . 3. 4. 5. 6. Minimum lot area per development project - 10 acres Minimum lot width - no minimum Maximum building height - 40 feet Maximum lot coverage - 100 percent less required setbacks and open space areas 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. Private outdoor open space - minimum private outdoor open space shall be increased to 400 square feet for existing units. Minimum gron floor area per dwelJing 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 - 900 square feet Minimum building setbacks47 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 Landscape setbacks 46 a) Edinger Avenue - 30 feet b) Harvard Avenue - 30 feet c) Moffett Avenue - 20 feet 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 7. 8. 9. 10. 11. 12. 47 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. Building setbacks are measured from future righI-or-way. City of Tustin Page 5 Ordinance No. 1295 Page 9 of 20 MCAS Tustin Specitic Plan/Reuse Plan Amendments Chapter 3 . Land Use and Development/Reuse Regulations . G. 13. Bicycle and pedestrian circulation facilities shaH provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where appJicable. 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) Site Development Standards. (Cit,' of Tustin Reuse Plan Disposition Parcels 34 and 35) Condominiums and Multiple Family DweUings I. Maximum dwelling units - 7 dwelling units per acre 2. Minimum development site - 10 acres 3. Maximum buiJding height - 4{) feet 4. Maximum lot coverage - 65 percent, less the required building and landscape setbacks Common open space - 400 square feet per dwel1ing 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. Minimum gross floor area per dwelling unit, excluding the garage a) Bachelor - 450 square feet b) 1 Bedroom - 550 square feet c) I Bedroom with den - 700 square feet d) 2 Bedrooms - 750 square feet e) 2 Bedrooms or more with den - 850 square feet Minimum building setbacks48 a) Harvard A venue - 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 Landscape setbacks49 5. 6. 7. 8. .. Building setbacks are 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-{)f-way. .. Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk. and planting areas. Landscape sethacks may be reduced to accommodate existing walls or buildings. Building setbacks are measured from future right-or-way. City of Tustin Page 6 Ordinance No. 1295 Page 10 of 20 MCAS Tustin Specific Plan/Reuse Plan Amendments Chapter 3. Land Use and Development/Reuse Regulations a) Edinger Avenue - 40 feet b) Harvard Avenue - 30 feet c) Moffett Avenue - 20 feet 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 10. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 11. Other General Development Regulations (refer to Section 3.11 as applicable) 12. Signage (refer to Section 3.12 as applicable) 13. Off-street parking (refer to Section 3.13 as applicable) H. Site Development Standards - (City of Tustin Reuse Plan DisDosition Parcels 34 and 35) Patio Homes 1. Maximum dwelJìng units - 7 dwelling units per acre 2. Minimum lot area - none, refer to Section 3.9.4.1 below 3. Building site requirements - patio home subdivisions shall be designated as a development unit on a tentative map. Maximum building height - 35 feet Maximum lot coverage - 100 percent, less required building and landscape setbacks Common open space - 400 square feet per dwelling unit located within common, designated recreational areas. A minimum of 150 square feet may be for private use if located on ground level and open on three sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and parking lots. Minimum gross floor area per dwelJìng unit, excluding the garage - 900 square feet Maximum number of four bedroom units - 30 percent Minimum building setbacks's a) Harvard Avenue - 42 feet b) Edinger Avenue - 40 feet c) Moffett Avenue - 10 feet d) Local public or private street - The minimum building setback shall be 10 feet from a public or private street. An attached or detached garage may be setback a minimum of 5 feet from a public or private street. If living areas are provided above garages, garage setbacks shall apply provided that no more than 75 percent of the . 9. 4. 5. 6. 7. 8. 9. City of Tustin Page 7 Ordinance No. 1295 Page 11 of 20 MCAS Tustin Specific Plan/Reuse Plan Amendments 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 detennination, 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 calcuJating 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 shall be used. If living areas are 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. 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 are 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 pennanent open space, the minimum building setback shall be 5 feet. Landscape setbacksSo f) 10. 50 Landscape selbacks are measured from the back of the curb and are a combination of parkway. sidewalk. and planting areas. Landscape setbacks may be reduced 10 acconunodate existing walls or buildings. City of Tustin Page 8 Ordinance No. 1295 Page 120f20 MCAS Tustin Specific Plan/Reuse Plan Amendments Chapter 3 . Land Use and Development/Reuse Regulations . I. a) Harvard Avenue - 30 feet b) Edinger Avenue - 30 feet c) Moffett Avenue - 20 feet II. Landscaping a) Compliance with the City of Tustin Landscape and Irrigation Guidelines b) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 12. Bicycle and pedestrian circu]ation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. The facilities shall incorporate vistas into the golf course where possible and provide for convenient bicycle and pedestrian access from the Planning Area to the Tustin Commuter Rail Station. 13. Other General Development Regulations (refer to Section 3.11 as applicable) 14. Sign age (refer to Section 3.12 as applicable) IS. Off-street parking (refer to Section 3.13 as applicable) Special Development or Reuse Requirements 1. Concept plan approval shall be required for development in Planning Area 21 (referto Section 4.2.1 of this Specific Plan). 2. Prior to any interim or pennanent reuse of facilities or property on a parcel, or prior to any development on a parcel, any party receiving property from the Department of Defense or Local Redevelopment Authority (LRA) shall be required to enter into an agreement with the LRA. The purpose of the Agreement is to: I) identify the p]anning goals of the Agency receiving property and the City or LRA for the site; 2) identify the scope and schedule for short range improvements and long range development plans for the property; 3) establish a process for meaningful consultation on development and operational issues of mutual concern; 4) identify capital infrastructure improvements, roadway dedications. and environmental impact report mitigation that will be required of the Agency receiving or leasing property; and 5) identify necessary procedures to implement the agreement. Affordability - the following minimum affordable housing production objectives are intended to reflect the intention of the City of Tustin to create a redevelopment project area (Community Redevelopment Law. section 33000) and as needed to meet Regional Housing Allocation needs as identified in the Housing Element of the Tustin anI! kvifte General Plan through the provision of housing for households at very low, low, and moderate incomes levels. Specific 3. City of Tustin Page 9 Ordinance No. 1295 Page 13 of 20 MCAS TusNn Specific Plan/Reuse Plan Amendments Chapter 3 . Land Use and Development/Reuse Regulations . housing requirements will be established for specific sites at the time of development project approval to ensure unifonnity with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following far BeeR reSJeeti". B eity: a) City efIf\'iAe Disposition Parcel 36 onlv: Prior to issuance ofa certificate of use and occupancy the developer shall enter into a lel!allv bindinl! ::eement with the Citv of Irvine to provide in Planninl! A_a 22 the affordable housinlZ units that would have been reQuired on Disposition Parcel 36 pursuant to the City of Irvine Affordable Housinl! Implementation Procedure (Cha~ter 2-3 of the Irvine Zoninl! Code) and alZree to d_ed restrictions on tarl!eted affordable housinl! units that are hindinl! on pronertv uPon sale or transfer. Said alZ1'eements shall address the followinlZ: I) Number of units bv type location. bedroom count 2) Standards for Qualifvinl! income and maximum rents or sales Prices 3) Parties resPonsible for sales prices and incomes If the reQuired affordable housinlZ units are not provided in Planninl! Area 22 then the developer shall comply with lZeneral affordabilitv reQuirements applicable to Disposition Parcels 34 and 35. and the followinlZ number of affordable units shall be provided: I) 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) Cil~lefTüstift Reuse P]an 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 level households. 3) At least 20 additional units for initial occupancy by moderate income level households. 4) Restricted affordable housinl! units shall be reasonablv dispersed throul!hout a proiect and shall be compatible with the desil!n and use of market City of Tustin Pago 4 Ordinance No. 1295 Page 14 of 20 MCAS Tustin Speciñc PlanIReuse Plan Amendments Chapter 3 . Land Use and Development/Reuse Regulations . rate units in appearance. use of materials. and finished aualitv. Restricted units shall be affordable for at least the minimum period reauired bv state law. or longer if reQuired bv a construction or mortgage financing assistance program. 5) Prior to issuance of a certificate of use and occupancv. a developer shall enter into a legallv bindintZ allfeement with the Citv of Tustin. its Redevelopment Agencv. and agree to deed restrictions on targeted affordable housing units that are binding on Dfopertv upon sale or transfer. Said agreements shall address the followintZ: a) Number of units bv type. location. bedroom count Standards for Qualifvinl! income and maximum rents or sales prices Parties responsible for sales prices and incomes 6) The Citv of Tustin reserves the right to negotiate transfer of a developer's obligation pursuant to this section off-site as a credit for affordable units which cannot be reasonablv feasible to provide on-site which shall be at the City'S sole and absolute discretion. To ensure comparable eQuivalent value of an off-site option or exchange for not providing on-site affordable units a financial aftordabilitv gap analysis wiH be conducted bv the City. at developer's cost. to compare the value of the off- site option and the affordabilitv gap cost of providing on-site affordable housing. b) c) 6) Resmeleà affertlable RBlisillg IInitG sRa.J.l be reaseftaBly àis3efGeà !llreügRalit a pmjeGt anà BRall be selft3atiele wi!ll !lie ilesigR anà üse et market rate üflilS in BJlI'e8fOASa, IIsa ef lfIal6Rals, allà fiftisReil 'iliality. R6stfÌsteil lIftitB sRail be afferilsble far at least IRe miftimüm paReà fo¡¡üiFeà by slaIe la"', ar laftger if reEüireil by a a8ftstruetieft er martgage fiftßftaing asBislaRee 3regrem. Pfier te issllanee af a seflifiaate af IIS6 and eSBllpaft°Y, a àevela¡J6f sRail effier illte a legally billællg agree_at "itR !lie City ef Tllstill, its Reào\elepmeftl .A.geftey, er !lie City ef If'..ifte fer prepelties ,....ithift If'.-ine, anà agree Ie Eleeil reslFÏeøeas ell largetoil afferàaàle Ralisillg IlHiIS fRat are biRæftg all jlra6rty IIpea sale er IfQßsfer. ~aià agreemeftts sRail ailà£ees !lie felle'::iag: à) City of Tustin Page 11 Ordinance No. 1295 Page 150f20 MCAS Tustin Spectnc PlanIReuse Plan Amendments - -- ---- -- - --- Chapter 3 . Land Use and Development/Reuse Regulations 4. 1) Nlimeer atliNits BY tj'f!e, laeatiaft. beàream eaüftt 2) Stanàftfds fer Ejllalifj'iNg iftaame anà mWiimüm FelltS ar Bales prises J) Parties respaftsib]e far sales priees lII1à iaeames e) Prier te isslianee ef a eeFlia6ate af IIse allà a6ellpaRey. a 1Ie\<elaper sRall eater illta a legally biaàiftg agreemellt with the City at Tüstill ar its Relle'/eIepmeftt f.geAey, aftà agr-ee ta deed restrietiafts 8ft targeted affordaBle ReliBiftg lIaits that ftfe biRàiag aft prapeR)' üpaa sale ar traasfer. Said agFeemeats shall address the felJe,:iag: 1) I>h.meer ef lIaits Bj' type, laeatieft, beàream ealiBt 2) Staaàards fer Ijllalifyillg ia6eme aNd maximum reftt6 ar sales prises 3) Part.ieG respaftoible fer sales priees aREi illcemes The Cit)' af Tllstill reserves the right ta lIegatiate troasfer af a àe':ele¡¡er's ebligatieft pllFBllant ta this seetiaft aft site as a 6reàit fer afferàaàle lIaits wRieR eaRllet be FeaGaftaely feasible ta preville all site 'l/RieR sHall be at tHe Ci~"s sale aftd aBsalüte àiserotiall, Ta easll<'e eaæ¡;¡lIfQble eljlli"aleRt vallie af aft aff site aptiaft ar exeRlII1go fer Bet pFe :iàiAg all site afferèaBle lIait6, a fialll1aial affaràaàility gap IIIlalysis will be aellàlieteà b) tRe City, at àevelaper's east. te eempare tRe ':allie af tHe aff site apâaft and the aff-eràaeility gap east af pre iiàiftg eft site afferàaàle Ralloiftg, Tenure - Reuse/deve]opment of Planning Area 21 shal] 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 "'ithift either the Tustift ar k'. ifte pameft et tHe SpesiHe Plan area may be approved for apartments. 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). Utility metering modifications and provision of independent utility services shall be committed to by agreement between the City of Tustin aaà City af Irliao (fer praf1efties ¡'itRift k'lifte) as applieable, and those agencies receiving property in Planning Area 21 prior to use and occupancy of existing buildings and new development. f) . 5. 6. City of Tustin Page 12 Ordinance No. 1295 Page 16 of 20 MCAS Tustin Specific PlanIReuse Plan Amendments Chapter 3. Land Use and Development/Reuse Regulations J. . Development or Reuse Guidelines 1. Wall and streetscape upgrades along Harvard Avenue should be designed to create greater compatibiJity with Village 38 theme walls and streetscape on the east side of Harvard Avenue. A combination of walls, landscaping, and berms may be utilized to achieve required noise standards in both Tustin and Irvine. Existing housing units shall be aesthetically upgraded through architectural and landscape improvements to appear consistent in quality with private market housing in the surrounding neighborhoods of Tustin and Irvine, in the event of reuse. Such improvements shall be completed prior to issuance of use and occupancy permits. The improvements may include, but are not limited to, the fonowing: a) Upgraded facade treatments, including use of plaster, wood siding, brick, stone, and other approved materials b) Upgraded window types and treatments (i.e.. trim) c) Upgraded roofing materials and extension of roof ovethangs d) Updated color scheme for buildings and walls e) Enlargement and enhancement of private patios and balconies Upgraded appearance of unit entrances, including doorways, walkways, decorative paving g) Improved landscape design of front yards and common areas Consistent landscape treatment along local roads Extensive planting of trees and shrubs throughout the site Decorative treatment of all exposed site wans Upgraded driveways Decorative paving and other hardscape amenities for pedestrian paths in common areas m) Improvements to common recreational areas including provision of shelters. lighting. and refurbishing of facilities n) Creation of project entryways through signage and landscape design 0) Upgraded and consistent signage, including project identification. addressing, and directional signs p) Enhance lighting scheme for units. common areas, paths, and parking areas q) Application of defensible space techniques in landscaping and lighting Demolition of structures may be required by Tustin to be undertaken under the following conditions: I) where 2. 0 h) i) j) k) I) 3. City of Tustin Page 13 Ordinance No. 1295 Page 170f20 MCAS Tustin Specific PlanIReuse Plan Amendments 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 imp]ement 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 Page 14 Ordinance No. 1295 Page 180f20 MCAS Tustin Specific Plan/Reuse Plan Amendments Chapter 3 . Land Use and Development/Reuse Regulations provided with such designated spaces being not less than 8 feet by 17 feet. Up to 20% of the required parking spaces of the site may be designated for compact cars. upon the approval of the Community Development Director. L. Parking Requirements: The requirement for any uses not listed in Sections 3.13.2, 3.13.3, and 3.13.4 shall be detennined by the Community Development Director on the basis of the requirements for similar uses. 3.13.2 Residential Off-Street Parking Requirements Table 3-4 defines the off-street parking requirements for residential uses in the City of Tustin portion of the Specific Plan area. Refer to the Irvine Parking Ordinance for applicable standards within the City of Irvine. 1.0 l.5 2.0 2.0 2.5 1 Garage 1 Garage 2 Garage 2 Garage 2G.rae .25 per unit .25 per unit .25 per unit .25 per unit .25 unit City of Tustin pago 15 MCAS Tustin Specific Plan/Reuse Plen Amendments Ordinance No. 1295 Page 19 of 20 Chapter 3 . Land Use and Development/Reuse Regulations TABLE 3-4 (CONTINUED) RESIDENTIAL OFF-STREET PARKING REOUIREMENTS (REUSE PLAN DISPOSITION PARCEL 36 ONL Number of Number of Spaces CoverediAssillned ~ Hous/nll TvDe Reouired SDaces Der Unit Guest SDaces Detached Sin.le-Familv 1 Bedroom 2.0 2 Gara.e PubliclPrivate 2 Bedroom kQ 2 Gara.e Street fronta.e' 3 Bedroom 2.0 2 Gara~e 4 or more Ikdroo.Jn 3.0 2..Gar¡¡ge Attached Develocment Ownershio' Studio .LQ 1 Covered .7 soaces/unit if 1 Bedroom 12 1 Covered ~ 2 or more Bedroom 2.0 1 Covered .4 scaces/unit if I~ 'Resi.",,' ")'",,, may be tandem. 2 II on.'ttoel.O"kio" i, Dol cerrnin"'.", is ~tri~'ed DO the ~"~':e'~o::::e:;,~,::~~;~:: :;::ce ,hall be rea""'" I", each affected WIll. This """'" "=e ". e WlÌt's street Iront.a.e This soace eanoO! be t.and.m 'On-streel nanoin. may c""""oward fulfillin. vi,itO,o"kin"","i",ments ilon a urivale 'treet. Tandem loadein "" 0 nt . v"' 'n , "i..menls. 3.13.3 Commercial Shopping Center Off-Street Parking Requirements Tab]e 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 REQUIREMENTS Parking Spaces per Square Foot Planning Area/Use fiDe of Gross Floor Area PA 7 Village Services I space1225 square feet PA 9 Commercial I spacel225 square feet PA 18 Commercial I spacel200 square feet PA 19 Commercial I spacel225 square feet MCAS Tusffn Specific Pian/Reuse Plan Amendments City of Tustin Page 16 Ordinance No. 1295 Page 20 of 20