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HomeMy WebLinkAboutORD 1109 (1993) ORDINANCE NO. 1109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 93-001 TO AMEND THE EAST TUSTIN SPECIFIC PLAN TO INCLUDE VARIOUS DEFINITIONS AND DEVELOPMENT STANDARDS TO ACCOMMODATE A NEW SINGLE FAMILY DETACHED RESIDENTIAL PRODUCT TYPE DESCRIBED AS "PATIO HOMES" The City Council of the City of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: A. That an application has been filed by The Irvine Company, requesting approval of Zone Change 93-001 to amend the East Tustin Specific Plan to include various definitions and development standards to accommodate a new single family detached residential product type described as "Patio Homes" B. That a public hearing was duly noticed, called and held on said application on April 26, 1993 by the Planning Commission and on May 3, 1993 by the City Council. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been previously certified in conformance with the requirements of the California Environmental Quality Act for the subject project. D. Proposed Zone Change 93-001 would provide for a single family detached residential product type which is presently not accommodated in the East Tustin Specific Plan. E. Proposed Zone Change 93-001 would be consistent with all eiements of the General Plan, particularly the Land Use and Housing Elements with placement and encouragement of owner occupied dwellings. F. Proposed Zone Change 93-001 would not be detrimental to the public health, safety and general welfare in that the amendments would provide an additional single-family detached residential product type tO be implemented in the build out of the East Tustin Specific Plan. 2 Ordinanee No. 1109 Page 2 NOW, THEREFORE, the City Council of the City.. of Tustin DOES 4 HEREBY ORDAIN as follows: 5 Section 1. Section 3.0, Development Standards and Administrative Procedures, of the East Tustin Specific Plan is 6 hereby amended as follows: 7 A. Section 3.3 entitled "Definitions" is amended to add specific additional definitions to the list of definitions 8 in alphabetical order to read as follows: 10 14 B. Section 3.5.H entitled "Private Street Standards" is 15 amended to read as follows: 16 "When private streetsii~iiiiiiiiii~i~iii~i!iii~iii~iii~i~ar~ constructed, they shall be improv~=i*i?==~=~=~*==~=~!~=~=~=~*~=~=~=~i~th the following 17 standards: 19 ~ Private ~^~- less servin~ six ^~ ~ ...... 20 parallcl ~'~ ..... ~'~ ~^ ~ ..... ~ ....... ~ havc a minimum paved w ....... 25 feet. 21 22 ............... ' T~:~:~:V=:~:=:~:!:=:e:::!~:~!~:~:~:~:~:::~=~c than six dwelling unit= 23 and with no parallel parking within the travel 24tl way shall have a minimum paved width of 28 feet. 25 3.~!i Private streets 2~ .~:~=~:~:~:::=:::::~:~::~:~::=:::==:=~:::=:::::=T~'~:~ed to one side only shall 2711 have a minimum paved width of 32 feet. 28 1 9_ Ordinance No. 1109 Page 3 4 5 shall have a minimum paved width of 36 feet. 7 8 9 10 11 12 14~ 15 lO 17 18 19 20 21 22 · :.:,.-..:.:,:.......:.:,....:.....-.-.-..~.~.:-:...~ Z.Z.~.......L...~ ~->:-::.:.: :-:...: :.: · ~3 ~ Private drives ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: way shall have a minimum 2~ 27 28 Ordinance No. 1109 Page 4 4 7 8 9 10 ]4 ~7 ]9 20 Ordinance No. 1109 Page 5 4 8 9 ]0 14 15 I6 17 18 19 20 Ordinance No. 1109 Page 6 3 4 5 7 8 9 l0 13 20 ~8 2 Ordinance No. 1109 Page 7 4 5 7 C. Section 3.6.1 entitled "Purpose" is amended to modify 8 subsection M. and MH. to read as follows: 9 "M. Medium Density Residential. This land use designation is intended as an area for single-family detached, ]0 single-family attachedi~ii!~iii~iiiii~iii!~i~ii~i~ii or multiple f ami 1 y ( apartments~ii~i~i~~i~i~ii~i=!=!=~=~l 1 ings up to a 12 MH. Medium-Migh Densit~ Residential. This land use designation is intended as an area for single-family 13 attached!i~ii~ii~i~i~iii~i~i and multiple family (apartments ~iiiiiiie~~i~i!i~=i=i=i:~:!~!~=Xings up to a maximum density of ~5 D. Section 3.6.2.A entitled "Residential Uses". is amended to add Subsection 6 to read as follows: ]G "A. Residential Uses E L ML M MH 1. Conventional Single-family detached P P p p p 18 2. Clustered Single-family detached C C C C C 3. Attached Single-family dwellings - - - p p ~9 4. Condominium Projects/Cooperatives - - - p p 5. Multiple-family dwellings (apts.) - -" ~' ~ C 20 2] E. Section 3.6'~3.A2.1entitled "Estate Residential" is amended to add a non-numbered subsection entitled "Minimum Gross 22 Floor Area per Unit, Excluding the Garage Area" to read as follows: 23 2~ 25 F, Section 3.6.3.A2.2 entitled "Low Density Residential" is amended to add a non-numbered subsection entitled "Minimum ~ Gross Floor Area per Unit, Excluding the Garage Area"to read as follows: 27 28 Ordinance No. 1109 Page 8 G. The non-numbered subsection entitled "Minimum gross floor area per unit excluding the garage area" of Section 3.6.3.A2.3 is amended to read as follows: "Minimum ..~ross ~'~loor ~rea per ~niti!~!=,! ~xcludin~ t~e ~arage e~rea: S00'!"~"'~i~ sqd'are feet." H. Section 3.6.3 entitled "Site Development Standards" is amended to add Subsection C entitled "Patio Home Development" to read as follows: 2 Ordinance No. 1109 Page 9 4 7 8 9 10 12 13 16 17 18 19 20 23 25 26 27 28 Ordinance No. 1109 Page 10 4 8 9 20 25 26 27 28 Ordinance No. 1109 Page 11 I. Section 3.10.1.C entitled "Residential Off-Street Parking Requirements" is amended to read as follows: District Number of Covered Credit for Guest Spaces Assigned Guest/ On- Required Spaces/ Unassigned Street Unit Parking Estate 2 2 ~ Garage 2 per unit 0% Low 1. Sector 8, 9, 10 2 2 ~!. Garage 2 per unit 0% 2. Sector 2 2 2 ~ Garage 2 per unit 50% Medium Low 2 2 ~ Garage .5 per unit 50% Medium & Medium Hiqh 1. Detached 2 2 ~ Garage .5 per unit 50% 2. Attached Studio 1.0 1 Carport 1 Bedroom 1.5 1 ~~... 2 Bedroom 2.0 2 ~~ Bedroom 0 1 2 Ordinance No. 1109 Page 12 4 3. Multiple Family (apartments) Studio 1.0 1 Carport 1 Bedroom 1.5 1 ~!~ 8 9 10 ;~^ '~^~"~ Standards 12 *i!~!i~!i~i Attached single family and multiple family developments shall provide ~ minimum of .25 per unit 13 open unassigned ~~i[i~ii~iS~ for 4 or more dwelling units. If a {~ ...... ~:~:=i:!:~:i=:a=~:a:Tea:sed private garage is 14 provided, a guest parking standard of .5 open unassigned spaces per unit shall apply. 15 16 17 18 19 Section 2. In order to implement the changes identified in Section 1 above, the applicant shall submit to the 20 Community Development Department the following materials within 30 days of approval: 21 A. Unless otherwise specified, the conditions contained 22 in this Exhibit shall be complied with prior to the approval of any subsequent subdivision approvals 23 utilizing the subject standards within the East Tustin Specific Plan area, subject to review and approval by 24 the Community Development Department. 25 B. The applicant shall sign and return an Agreement to Conditions Imposed form prior to any subsequent 26 subdivision approvals utilizing the subject standards within the East Tustin Specific Plan area. 27 C. The developer shall hold and defend the City of Tustin 28 harmless for all claims and liabilities out of City's approval of the entitlement process for this project. Ordinance No. 1109 Page 13 D. The applicant shall submit fifteen (15) copies and a camera ready master of the East Tustin Specific Plan, including the current large scale land use maps. E. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enabling the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of determination and require payment of fees, the applicant shall deliver to the Communit-y Development Department, within forty-eight (4.8) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (~ight hundred fifty dollars) pursuant to AB 3158, Chapter +1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. / Ordinance No. 1109 Page 14 PASSED AND ADOPTED at a regular meeting of the Tustin City 4 Council, held on the 17thday of May, 1993. 5 TTS 9 y E. Wynn, City Clerk ]0 TE OF CALIFORNIA ) ]] COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ]2 CERTIFICATION FOR ORDINANCE NO. 1109 13 MARY E. WYNN, City Clerk and ex-officio Clerk of the City ]4 Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the ~5 City of Tustin is five; that the above and foregoing Ordinance No. 1109 was duly and regularly passed and adopted ]O at a regular meeting of the City Council held on ~he 17 day of May, 1993, by the following vote: COUNCILMEMBER AYES: Ports, Saltarelli, Pontious, Thomas ]8 COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None ]9 COUNCILMEMBER ABSENT: Puckerr 20 2] ~ary E. Wynn, City Clerk 22 23 27