HomeMy WebLinkAboutORD 1138 (1994) 1 ORDINANCE NO. 1138
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE
3 94-003 TO CHANGE THE ZONING FROM R-3
(MULTIPLE-FAMILY RESIDENTIAL) TO PC (PLANNED
4 COMMUNITY - RESIDENTIAL) INCLUDING RELATED
PLANNED COMMUNITY DISTRICT REGULATIONS ON THE
5 PROPERTY LOCATED AT 14882 - 14942 NEWPORT
AVENUE AND DESCRIBED AS ASSESSOR'S PARCEL NO.
6 432-011-21
7 The City Council of the City of Tustin does hereby ordain
as follows: '~
8
I. The City Council finds and determines as follows:
9
A. That an application has been filed by D&D
10 Development Company, Inc. requesting approval
of Zone Change 94-003 to change the zoning
11 from R-3 (Multiple-Family Residential) to PC
(Planned Community - Residential) including
12 related Planned Community District Regulations
on the property located at 14882 - 14942
13 Newport Avenue and described as Assessor's
Parcel No. 432-011-21.
14
B. That a public hearing was duly noticed, called
15 and held on said application on July 25, 1994
by the Planning Commission and on August 15,
16 1994 by the City Council.
17 C. That a Negative Declaration has been prepared
in accordance with the provisions of the
18 California Environmental Quality Act for the
subject project.
19
D. Proposed Zone Change 94-003 would provide for
20 a single-family detached dwelling unit project
which is presently limited in the southwest
21 portion of the City.
22 E. Proposed Zone Change 94-003 would be
consistent with all elements of the General
23 Plan, particularly the Land Use and Housing
Elements with placement and encouragement of
24 owner occupied dwellings.
25 F. That the project has been reviewed for
consistence with the Air Quality Sub-Element
26 of the City of Tustin General Plan. and has
been determined to be consistent or has been
27 conditioned to be consistent with the Air
Quality Sub-Element.
28
Ordinance No.1138
Page 2
1
2
G. Proposed Zone Change 94-003 would not be
3 detrimental to the public health, safety and
general welfare in that the zone change would
4 accommodate the demolition of an existing 296
unit apartment complex which has been vacant
5 since October of 1990 and has created a blight
on the neighborhood and contributed to an
6 increase in local crime, drug abuse and
vandalism.
7
II. The City Council hereby approves Zone .Change
8 003, to change the zoning from R-3 (Multiple-Family
Residential) to PC (Planned Community -
9 Residential) and adopts related Planned Community
District Regulations on the property located at
10 14882 - 14942 Newport Avenue and described as
Assessor's Parcel No. 432-011-21 as shown in
11 Exhibit A and the Planned Community District
Regulations contained in Exhibit B attached hereto.
12
PASSED AND ADOPTED by the City Council of the City of
Tustin at a regular meeting held on the 6th day of Sept., 1994.
THOMAS R./~ALTARELLI
15 Mayor
\ -
E. WYNN
17 Clerk
18 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
19 CITY OF TUSTIN )
20 CERTIFICATION FOR ORDINANCE NO. 1138
21 MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
22 certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and
23 foregoing Ordinance No. 1138 was duly and regularly
passed, and adopted at a regular meeting of
24 the Tustin City CoUncil, held on the 6th day of September,
1994.
25
COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Wortey
26 ~ COUNCILMEMBER. NOES: -None
COUNCILMEMBER ABSTAINED: None
·
27 COUNCILMEMBER:ABSENT:
28 ~~Y E. WYNN
y Clerk
EXHIBIT A
ZONE CHANGE 94-003
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EXISTING ZONING: R-3 (MULTIPLE-FAMILY RESIDENTIAL)
PROPOSED ZONING: PC (PLANNED COMMUNITY -RESIDENTIAL)
14882 - 14942 NEWPORT AVENUE
A.P. #: 432-01 1-21
RENAISSANCE
PLANNED COMMiiNTTY niSTRiCT RF.Giii,ATTnNfi
A~
Prepared by:
CITY OF TUS';,IN
CO:V_MLTNiTY DEVELOPMENT DEPARTMENT
300 Centennial Way
Tustin, CA 92680
(714) 573-3105
Adopted by the Tustin City Council
Ordinance No.
August 1994
EXHIBff B
RENAISSANCE
PLANNED COMMUNITY DISTRICT REGUALTIONS
TABLE OF CONTENTS
Page Number
1.0 INTRODUCTION 1
2.0 STATISTICAL SUMMARY 1
3.0 LAND USE REGULATIONS 2
3.1 Purpose & Intent 2
3.2 Permitted & Conditionally Permitted Uses 2
3.3 Temporary Uses 2
3.4 Unlisted Uses 2
3.5 General Development Standards 2
4.0 IMPLEMENTATION/ADMINISTRATION 6
4.1 Responsibility 6
4.2 Interpretations 6
4.3 Subdivisions 7
4.4 Variances, Conditional Use Permits, Use
Determinations and Other Discretionary
Actions 7
4.5 Amendment to District Regulations 7
4.6 Enforcement 7
4.7 Housing Program 8
4.8 Severability Clause 9
DF:TT14934.REG
1.0 INTRODUCTION
The regulations set,_forth in this set of District Regulations for
the Renaissance Planned Community have been established to satisfy
the Planned Community District requirements of the Tustin City Code
and to provide diversification among the relationships of uses,
buildings, and structures in planned building groups. The
application of these regulations is specifically intended to
encourage the appropriate use of land and create a harmonious
residential development to protect the health, safety and general
welfare of the community and provide the flexibility needed to
create a quality environment.
Development within the Renaissance Planned Community shall occur
pursuant to these Planned Community District Regulations.
2.0 STATISTICAL SUMMARY
The Renaissance Planned Community is approximately 10.14 acres in
size and includes 145 single-family detached dwellings. The
conceptual site plan for the development is shown in Exhibit 1.
The initial development includes a total of three different floor
plans which are as follows:
Lot Size Unit Size Bedrooms Baths Garages
(Approx.) (Approx.)
Plan 1 1,705 s.f. 1,156 s.f. 2+loft or 3 2.5 2 Car Enclosed
Plan 2 1,870 s.f. 1,267 s.f. 2+den or 3 2.5 2 Car Enclosed
Plan 3 2,200 s.f. 1,552 s.f. 3+loft or 4 2.5 2 Car Enclosed
It is recognized that the above figures are approximate and are
subject to change during the development of the construction
drawings. In addition, as the development matures, homeowners may
choose to modify their individual homes with respect to items such
as total square footage and room counts which would also effect
these figures. No changes to this Section of the District
Fegulations would be required with respect to future changes and
adjustments to the development. However, any Iiew construction,
alterations or modifications to the development or individual
properties would need to comply with all applicable provisions
contained in Sections 3.0 and 4.0 of these District Regulations.
Renaissance Planned Community District Regulations 1
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TYPE V LEIC R3 DETACHED
DATA MIX PARKING
145 UNITS PLAN 1 54 290 GARAGE-
-- -RAILROADR.O.W.-- - —
10.1 ACRES PLAN 2 53 77 OPEN
14.3 DU/AC PLAN 3 38 368 TOTAL - 2.5/1
SITE PLAN
RENAISSANCE A COI LECTION OF DETACHED TOWN40NES
TUSTIN, CALIFORNIA
D & D DEVELOPMENT 711 E. IMPERIAL HWY. SUITE 200 BREA. CALIFORNIA 92621
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3.0 LAND USE REGULATIONS
The land uses and development standards within this Section act as
a principal part of the controlling mechanism for implementation of
the Planned Community District designation for this development.
Standards set forth in this Section will ensure that future
development within the Renaissance Planned Community as the
community matures proceeds in a consistent and appropriate manner.
3.1 Purpose & Intent
The Renaissance Planned Community is intended to provide small
lot, single-family detached dwellings situated on private
streets and drives. The development includes common
recreation facilities for the enjoyment of all residents. A
Homeowners Association will be created to ensure adequate
maintenance and management of the development and common area
amenities. The Renaissance Planned Community is located
within the City's South/Central Redevelopment Project Area and
would offer new ownership housing opportunities and eliminate
a blighted condition within this portion of the City.
3.2 Permitted & Conditionally Permitted Uses
All uses identified in the R-1 District of the Tustin City
Code as permitted uses shall be permitted by right within the
Renaissance Planned Community. All uses identified in the R-1
District of the Tustin City Code as conditionally permitted
shall be allowed, subject to the approval of a Conditional Use
Permit, within the Renaissance Planned Community.
3.3 Temporary Uses
Temporary uses shall be regulated pursuant to the applicable
sections of the Tustin City Code.
3.4 Unlisted Uses
Those uses not specifically listed are subject to the
determination of the Community Development Director as either
permitted by right, subject to the approval of a Conditional
Use Permit or not allowed consistent with the purpose, intent
and similar to the allowed uses ire the Renaissance Planned
Community. Decisions of the Director are appealable to the
Planning Commission.
3.5 Genera Development Standards
A. Minimum Lot Size: 1,700 square feet
B. Lot Coverage: 100% less setbacks and open space areas
Renaissance Planned Community District Regulations
C. Open Space: 400 square feet per unit which may be
included in common area; A minimum of 150 square feet
shall be provided for private use provided such area is
located on a ground level and open on three sides. Areas
excluded from the open space requirement include all
structures, private streets, private drives, above ground
patios and parking lots.
D. Building Setbacks
1. ~ Tract Boundary: The minimum building setback from
any tract boundary shall be 5 feet.
2. Publicf Private Streets: The minimum building
setback from a public or private street shall be 10
feet. The minimum building setback may be reduced
to 8 feet for no more than a maximum of 10 feet of
a building elevation. An attached 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.
3. Private Drives: The minimum building setback from a
private drive shall be 7 feet. An attached garage
may be setback a minimum of 3 feet from a private
drive. If living areas are provided above garages,
garage setbacks shall apply.
4. Side Yard: The minimum side yard setback not
adjacent to a public/private street or private
drive shall be 3 feet.
5. Rear Yard: The minimum rear yard setback shall be 8
feet.
E. Building Height: 35 feet, including roof mounted
equipment.
F. Projections Into Required Setbacks
1. Covered patios, trellis or canopies shall not cover
more than. 50 percent of the private open space, and
in no event closer to property lines than would be
permitted by the Uniform Building Code.
2. Eaves, cornices, chimney, balconies and other
similar architectural features shall not project
more than 2 feet into any required building
setback, and in no event closer than would be
permitted by the Uniform Building Code.
Renaissance Planned Community District Regulations 3
3. Locations of swimming pools and/or spas shall
conform with City Code Section 9271(0).
G. Fences, Walls & Hedges: Top of wall, fencing and hedges
shall be a maximum of 6' - 8" in height measured from the
highest adjacent grade level and subject to visual
clearance requirements. The maximums may be exceeded
when a greater height is requried as a noise mitigation
identified in a noise report approved by the Community
Development Director.
H. Parking Requirements:
1. A minimum of two enclosed garage spaces shall be
provided for each dwelling unit. In addition, a
minimum of .5 open and unassigned parking spaces
per each dwelling unit shall be provided within the
development either in marked parking spaces and/or
accommodated by on-street parking.
2. Parking area dimensions, locations and access shall
conform to the City's design review criteria on
file in the Community Development Department. At a
minimum, garages shall be a 18 feet wide by 19'-6"
deep inside clear dimension. Open parking spaces
shall be a minimum of 9 feet wide by 20 feet deep,
or 9 feet wide by 17'-6" deep with a 2'-6" overhang
into an unobstructed landscaped planter.
3. On-street parking credit for open and unassigned
parking will be permitted at the rate of one space
for each 22 feet of linear curb frontage, excluding
no parking areas adjacent to fire hydrants and
visual clear areas at corners to satisfy adequate
line of sight requirements. Credit may be given at
the rate of one space for each 18 feet of linear
curb length if at least one end of the space is
unobstructed by another parking space.
3. No parking shall be permitted at any time within
driveways.
4. Automatic garage door openers shall be required on
all units.
Renaissance Planned Community District Regulations 4
I. Private Street Standards
1. Private Streets
a. Private streets with no parallel parking
within the travel way shall have a minimum
paved width of 28 feet.
b. Private streets where on-street parking will
be limited to one side only shall have a
minimum paved width of 32 feet.
c. Private streets where on-street parking will
be permitted on both sides of the street shall
have a minimum paved width of 36 feet.
d. The total right-of-way for purposes of
determining minimum paved width and
establishing setback lines shall include the
paved width and any parkway in accordance with
Standard B102 of the City's Construction
Standards for Private Streets, Storm Drains
and On-Site Private Improvements.
e. Sidewalks shall only be required on one side
of a private street as conceptually shown on
Exhibit 1 of these District Regulations.
Sidewalks, where provided, shall be designed
in accordance with Standard B102 of the City's
Construction Standards, Storm Drain and On-
Site Private Improvements and subject to
compliance with applicable accessibility
requirements of the American Disabilities Act,
Title 24 of the Uniform Building Code as
locally amended, and the Department of Housing
and Urban Development's Fair Housing
Accessibility Guidelines.
f. All private streets and related improvements
shall be constructed in accordance with the
City's Construction Standards for Private
Streets, Storm Drain and On-Site Private
Improvements, except as otherwise provided
above.
?.. Private Drives
a. Private drives with perpendicular parking
outside of the travel way shall have a minimum
paved width of 24 feet.
Renaissance Planned Community District Regulations 5
b. The private drive shall not be more than 150
feet in length and serve no more than eight
units. In determining the maximum 150 length
of a drive, an extension of the right-of-way
line from the street the drive takes access
from shall be drawn across the drive entrance
and measurement shall be taken to the end of
the private drive. Minor punchouts which are
not more than 3 feet in length at the end of a
private drive shall be excluded in calculating
the maximum length of a court.
c. Where private drives dead-end, they may end in
cul-de-sacs, hammerheads or punchouts as long
as adequate maneuverability and turning radius
is provided for vehicles, including emergency
vehicles and trash trucks.
d. The total right-of-way for purposes of
determining minimum paved width and
establishing setback lines shall include the
paved width and any parkway in accordance with
Standard B102 of the City's Construction
Standards for Private Streets, Storm Drains
and On-Site Private Improvements.
e. All private drives and related improvements
shall be constructed in accordance with the
City's Construction Standards for Private
Streets, Storm Drain and On-Site Private
Improvements, except as otherwise provided
above.
J. Other Development Standards
Any development standards which are not specifically
identified within the District Regulations shall be
subject to the applicable provisions of the Tustin City
Code.
4 .0 IMP~,EMEN~'ATIOr'/ADMINISTRATION
~~.1 Responsibility
The Communit}• Development Department of the City of 'Dustin
shall be responsible for the administration and enforcement of
provisions of these regulations.
Renaissance Planned Community District Regulations 6
4.2 Interpretations
If ambiguity arises concerning the appropriate application of
provisions contained in these District Regulations, the
Community Development Director shall make the appropriate
determination. In making these determinations, the Director
shall consider the following, but not by way of limitation:
A. Prior administrative interpretation of similar
provisions;
B. General intent and purpose of the Renaissance Planned
Community District Regulations;
C. Provisions contained in the General Plan; and
D. Other provisions of the Tustin City Code where standards
do exist.
Any decision of the Director may be appealed to the Planning
Commission.
4.3 Subdivisions
All divisions of land shall be processed in accordance with
the Tustin City Code and State Subdivision Map Act.
4.4 Variances, Conditional Use Permits, Use Determinations,
Temporary Uses and Other Discretionary Actions
All applications shall be processed in accordance with the
Tustin City Code.
4.5 Amendment to District Regulations
Any amendment to the Renaissance Planned Community District
Regulations contained herein which change the allowed uses
within the development, impose any regulations upon property
not therefore imposed, or removes or modifies any such
regulation sha].1 be initiated and processed in the same manner
set forth in the Tustin City Cod` for amending the Zoning
Code.
4.6 Enforcement
The Renaissance Planned Community District Regulations are
adopted by Ordinance and are therefore subject to penalty
provisions of the Tustin City Code. Specifically, violations
of land use or development standards shall be subject to
penalty provisions and citation procedures of the Tustin City
Renaissance Planned Community District Regulations 7
Code, in addition to the City's authority to seek civil
litigation in a court of law.
Subdivision map and development plan conditions imposed
pursuant to City Code shall also be subject to penalty
provisions and citation procedures of the Tustin City Code.
4.7 Housing Program
California Community Redevelopment Law Section 33413(b)(2)
requires that at least 15% of the units developed in a project
by public or private entities other than the Redevelopment
Agency (including such entities receiving Agency assistance)
must be affordable to low and moderate income persons and
households. Of those units, 40% must be affordable to very
low income households (translates to a very low income
requirements of 6% of the total units). The units must remain
affordable for the longest time feasible, but for not less
than the period of the land use controls established in the
Redevelopment Plan, which would be enforced through CC&R's and
deed restrictions on the specific properties. In addition,
Policy 1.4 of the Housing Element promotes dispersion and
integration of housing for low and very low income families
throughout a community as opposed to within a particular
geographic area or neighborhood.
Based upon 145 proposed units, 21 units would need to be
identified as affordable to satisfy the requirements of
Redevelopment Law. Of those 21 units, 13 units would need to
be affordable for low and moderate income households and 8
units would need to be affordable for very low income
households. The State Department of Housing and Community
Development (HCD) publishes figures which are the accepted
standards to determine income eligibility requirements.
Moderate income groups would be those households with incomes
between 81% and 120% of area median; Low income groups between
51% and 80% of area median; and Very Low income groups below
50% of the area median. Based upon published HCD figures as
of June 1994, the median income for a family of four in Orange
County is $58,800. Based upon the median income, the
affordable units would need to affordable to those households
of four wit}i the incomes as follows:
Moderate Income $70,560
(120% of median)
Low Income $47,040
(80% of median)
Very Low Income $39 900
(50% of median)
Renaissance Planned Community District Regulations 8
These HCD figures vary depending upon household size and are
adjusted annually to reflect the change in median income over
time. The most current HCD figures would be used for each
particular unit at the time building permits are issued for
each respective unit.
The actual detail housing program as requried by conditions of
approval for the Renaissance Planned Community is maintained
in the Community Development Departement of the City of Tustin
and may vary or be modified from time to time based upon
changes is applicable laws and other statutory requirements.
4.8 Severability Clause
If any section, subsection, sentence, clause, phrase, or
portion of these District Regulations, or the application
thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the decisions of any court of
law of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of these District
Regulations or its application to other persons or places.
Renaissance Planned Community District Regulations 9