HomeMy WebLinkAboutORD 1052 (1990) 1 ORDINANCE NO. 1052
2 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING
3 ZONE CHANGE 90-03 TO ZONE PROPERTY
LOCATED ON 7,826 ACRES IN THE VICINITY OF
4 NEWPORT AND WARREN AVENUES TO PC (PLANNED
COMMUNITY). THE APPLICANT FOR THIS ZONE
5 CHANGE IS THE CITY OF TUSTIN.
6 The City Council of the City of Tustin does hereby ordain as
follows:
7
I. The City Council finds and determines as follows:
8
A. That this zone change has been reviewed and is in
9 accordance with the California EnVironmental
Quality Act.
10
B. That a public hearing was duly noticed, called and
11 held on said application by the Planning Commission
on September 10, 1990 and October 10, 1990, and by
12 the City Council on October 15, 1990.
13 C. That a zone change should be granted for the
following reasons:
14
1. The proposed Planned Community Zoning District
15 is consistent with all elements'of the General'
Plan and in.particular, the Land Use Element
16 which is being amended concurrently with the
rezoning of the Planned Community Zoning
17 Designation and development standardsallowing
for compatible uses and orderly development in
18 the neighborhood.
19 2. The proposed zoning is in the best interest of
the public health, safety and welfare of the
20 surrounding neighborhood and property owners
in that maximum allowed density and
21 development standards are established which
ensure land use compatibility between existing
22 and adjacent residential and office uses.
23 II. The City Council hereby approves of Zone Change 90-03
rezoning certain property located in the vicinity of
24 Newport Avenues and Warren. Avenues within the PC (Planned
Community) District as shown on Exhibit A and also adopts
25 Planned Community Regulations as'part of the Zone Change.
These regulations are known as the Newport - Warren
26 Planned Community Regulations and are attached hereto as
Exhibit B and incorporated herein by reference.
27
28
Ordinance No. 1052
Page 2
1
2 PASSED AND ADOPTED by the City Council' of the Cityof Tustin
at a regular meeting held on the 3rd day of
3 December, 1990.
4
5
7 RICHARD EDGAR"'
Mayor
8
9
10 h ~
12
STATE OF CALIFORNIA )
13 COUNTY OF ORANGE )
CITY OF TUSTIN )
14
MARY. E. WYNN, City Clerk and ex-officio Clerk of the City
15 Council ofthe City of Tustin, California, does hereby certify
that the whole number of the members ofthe City Council of
16 the City of Tustin is five;that the above and foregoing
Ordinance No. 1052 was duly and regularly introduced and read
17 at the adjourned regular meeting of the City Council held on
the 5th day of November, 1990, and' was given its second
18 reading and duly passed and adopted at a regular meeting held
on the 3rd day of December, 1990, by the following vote:
19
AYES : COUNCILPERSONS:Edgar, Puckerr, P0ntious, P0tts, Prescott
20 NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
21
22
24
a
25
26 Summary PrintedTustinNews:
27
28
ZONE CHANGE 90-03
A ZONE CHANGE OF UNCLASSI-
FIED PROPERTIES TO PC
(PL.ANNED COMMUNITY).
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EXHIBIT B
NEWPORT - W~~]~REN
P D COM REGULATIONS
Prepared by
CTI'Y OF TUSTIN
COI\~1MUNTI'Y DEVEI;oPMENT DEPARTMENT
300 Centennial Way
Tustin, California 92b80
(714)544-8890
Adopted by the Tustin City Council
on
NEWPORT - WARREN
PLANNED COMMUNITY REGULATIONS
Prepared by
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPARTMENT
300 CENTENNIAL WAY
TUSTIN, CALIFORNIA 92680
(714)544-8890
Adopted By City Council
on
PLANNED COMMUNITY DEVELOPMENT
Parcel Index
I,ot No. Assessor's Parccl No.
1 401-191-30
2 401-191-31
3 401-191-29
4 401-181-22
S 401-181-51
6 401-181-52
7 401-211-35
8 401-211-36
9 401-211-69
10 401-211-67
11 401-211-65
12 401-211-57
13 401-211-64
14 401-211-59
1S 401-211-53
16 401-211-Z1
17 401-211-15
LEGEND
'.~'.
'.
'.~'.~.'. Residential Single
~
~ Family-Garden Office
Garden Office
~ ~ ~ GO ~~ GO
3S 4S
BASE DISTRICT
GO
4S
MAXIMUM HEIGHT LIMIIT
NOT TO SCALE
EXHIBIT 1
Page 2q
Newport - Warren Planned Community
Page 1
1.0 INTRODUCTION
The regulations set forth in this ordinance for the Newport -
Warren Planned Community District have been established to
satisfy the Planned Community Regulations of the Tustin City
Code and to provide for diversification of the relationships
of buildings, structures and open spaces in planned building
groups. The application of these regulations is specifically
intended to encourage the appropriate use of land, create a
harmonious relationship among residential land uses and garden
offices and the existing communities, protect the health,
safety and general welfare of the community and provide the
flexibility needed to create a quality environment.
Development within the Newport - Warren Planned Community
shall occur pursuant to these Planned Community Regulations.
2.0 STATISTICAL SUMMARY/LAND USE DESIGNATIONS
There are two separate land use categories provided within the
Newport - Warren Planned Community. Land use designations are
shown on Exhibit 1 with a statistical summary of parcels
within each land use designation shown in Table 1.
3.0 RESIDENTIAL SINGLE FAMILY - GARDEN OFFICE (RSF-GO)
The land use and development regulations section acts as a
principal part of the controlling mechanism for implementation
of The Planned Community District designation on the Newport -
Warren area. Standards set forth in this section will ensure
that future development within the Newport - Warren Planned
Community proceeds in a consistent and appropriate manner.
Future review of subdivisions and site plans by the City of
Tustin will provide assurance that these standards are
realized.
3.1 RESIDENTIAL SINGLE FAMILY - GARDEN OFFICE (RSF - GO)
A. Purpose and Intent
The RSF - GO designation is a designation that permits
both residential and garden office uses with varying
development standards for each use.
The RSF portion of the land use designation is intended
to create, preserve and enhance neighborhoods where
permanent, one household, residential uses are
predominant. The detached dwellings and large private
yards of the RSF area allows for maximum privacy where
Newport - Warren Planned Community
Page 2
TABLE 1
STATISTICAL SUMMARY*
Land use Cateaory A pp r o x i m a t e
Gross Acres
Residential Single Family-Garden Office (RSF-GO)
AP. no. 401-191-30 .17
AP. no. 401-191-31 .13
AP. no. 401-191-29 .45
AP. no. 401-181-22 .30
Garden Office (RGO)
AP. no. 401-181-51 .42
AP. no. 401-181-52 .43
AP. no. 401-211-35 .14
AP. no. 401-211-36 .16
AP. no. 401-211-69 .31
AP. no. 401-211-67 .44
AP. no. 401-211-65 .37
AP. no. 401-211-57 .37
AP. no. 401-211-64 .03
AP. no. 401-211-59 .13
AP. no. 401-211-53 .68
AP. no. 401-211-21 .19
AP. no. 401-221-15 .88
*Approximately 1.11 acres of annexation area is street
Newport - Warren Planned Community
Page 3
desired, and opportunities for outdoor living. only
those additional uses are permitted as outright uses that
are complimentary to, and can exist in harmony with, such
a single-family residential neighborhood.
The garden office portion
provides a method whereby
used for garden office use
uses and structures are in
development provisions and
vehicular access and on
direct line of sight into
residential character is
with adjoining residential
are not outright uses but
conditional use permit and
for such uses.
of the land use designation
residential property may be
with low traffic generation if
compliance with specific site
requirements for coordinating
site circulation prohibiting
adjoining buildings so that a
achieved which is compatible
properties. However such uses
only permitted subject to a
special development standards
B. Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right as a
principal use in the RSF-GO land use designation where
the symbol "P" occurs, by conditional use permit where
the symbol "C" occurs, by temporary use permit where the
symbol "T" occurs and by accessory use where the symbol
"A" occurs provided said accessory uses are found to be
customarily associated with and subordinate to a
permitted use.
1. One single-family detached dwelling per building P
site.
2. Public parks and playgrounds. P
3. Riding and hiking trails. P
4. Community care facilities or small-family day P
care homes, serving 6 or fewer persons.
5. Large family day care homes serving 7 to 12 P
shall be allowed as permitted uses in those areas
designated for single-family residential land uses
subject to all standards for such uses contained
in the R-1 District of the Tustin City Code.
6. Apiaries. C
7. Churches, temples and other places of worship with
a minimum site area of 40,000 square feet. C
8. Educational institutions. C
9. Professional offices for: C
a. Accountants
b. Attorneys
c. Engineers, architects, surveyors and planners
10. Advertising agency offices. C
11. Insurance agents. C
Newport - Warren Planned Community
Page 4
12. Telephone answering services.
13. Travel agencies.
14. Typing and addressing services.
15. Stockbroker offices.
16. Escrow offices.
17. Secretarial services.
18. Real estate offices.
19. Model homes, temporary real estate offices and
related signs with subdivisions.
20. Temporary use of mobile home residence during
construction of a new building on the same
building site.
21. Continued use of an existing building during
construction of a new building on the same
building site.
22. Garages and carports.
23. Swimming pools.
24. Fences and walls.
25. Signs
26. Noncommercial keeping of pets and animals per
the limitations of the Tustin City Code.
27. Home occupations.
28. Guest houses [one (1) per building site] in
conformance with the setback regulations for the
main residential building.
C. Unlisted Use
C
C
C
C
C
C
C
T
T
T
A
A
A
A
A
A
A
Those uses not specifically listed are subject to a
determination by the Planning Commission as either
permitted, conditionally permitted or prohibited
consistent with the purpose of the RSF-GO designation.
Decisions of the Commission are appealable to the City
Council.
D. Site Development Standards
1. Principal Permitted Uses
a. Minimum building site area - 10,000 square
feet.
b. Minimum building yard setbacks:
1) Front yard - 20 FEET.
2) Rear yard - 25 feet.
3) Side yard setback - 10% of the average
ultimate net width of the building site
to a maximum of 20 feet.
4) On a panhandle building site the minimum
setback from any property line shall be
10 feet.
Newport - Warren Planned Community
Page 5
c. Maximum building site coverage - 500.
d. Building height - 2 stories not to exceed 35
feet.
2. Conditionally Permitted Uses
a. Minimum building site area - 25,000 net square
feet.
b. Maximum building site coverage: 30%.
c. Maximum building height - 2 stories not to
exceed 35 feet.
d. Minimum building site width: 100 feet.
e. Minimum building yard setbacks 15 feet with a
20 foot average:
1) front yard: 15 feet with a 20 foot
average
2) side yard setback:
a) 10 feet from any ultimate right-of-
way, unless otherwise specified
herein.
b) 5 feet from any abutting garden
office land use designation.
c) 15 feet from any residential single
family district. Any main building
or portion thereof in excess of 18
feet in height shall be setback 45
feet from any abutting residential
single family district.
3) rear yard - 20 feet.
*
f. Vehicular access standards: a vehicular
access plan shall be provided for any
conditional use permit for a professional
office or administrative use and such plan
shall be approved by the Planning Commission.
The vehicular access plan shall be in
substantial conformity with the following:
For assessor parcels 401-191-29, 401-191-30,
401-191-31, and 401-191-22 a maximum of 2
access driveways or street openings to Newport
Avenue will be permitted for the entire group.
A minimum of 150 feet, measured center to
center, shall be maintained between these
openings to any other street opening. Each
approved use permit shall include a condition
for a recorded reciprocal ingress - egress
easement along interior property lines with
Newport - Warren Planned Community
Page 6
adjoining properties permitted to be in
professional office or administrative use in
the RSF-GO land use designation and an
irrevocable offer of dedication of vehicular
access rights in compliance with the Vehicle
Access Plan of the approved use permit prior
to issuance.
3. General Regulations:
Other general
to all land
Section 3.3 of
regulations and standards applicable
use designations are provided in
this document.
3.2 GARDEN OFFICE (GO)
A. Purpose and Intent
The GO land use designation is intended to provide areas
for the development of professional and administrative
offices and related uses in locations in close proximity
to residential areas. Development of properties in the
GO designation create a suitable environment for
professional and administrative uses including office
buildings of a residential appearance especially designed
for such uses with low traffic generation, located on
sites large enough to provide room for landscaped open
space, off-street parking facilities and buffering of
abutting residential areas.
B. Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right as a
principal use in the GO land use designation where the
symbol "P" occurs, by conditional use permit where the
symbol "C" occurs, by temporary use permit where the
symbol "T" occurs and by accessory use where the symbol
"A" occurs provided said accessory uses are found to be
customarily associated with and subordinate to a
permitted use.
1. Public and private utility buildings P
and structures.
2. Professional offices for: P
a. Accountants.
b. Attorneys.
c. Engineers, architects, surveyors and planners.
d. Doctors, dentists, optometrists, oculists,
chiropractor and other licensed by the State
of California to practice the healing arts,
Newport - Warren Planned Community
Page 7
but not including veterinary hospitals for
overnight animal care.
e. Other professional services requiring state
licensing or certification.
3. Advertising agency offices. P
4. Insurance agents. P
5. Studio for interior decorators, P
photographers, tailors, seamstresses,
artists and draftsmen.
6. Telephone answering services. P
7. Travel agencies. P
8. Typing and addressing services. P
9. Stockbroker offices. P
10. Escrow offices. P
11. Secretarial services. P
12. Real estate offices. P
13. Fences and walls. A
14. Signs. A
C. Unlisted Uses
Those uses not specifically listed are subject to a
determination by the Planning Commission as whether
permitted, conditionally permitted or prohibited
consistent with the purpose of GO land use designation
decisions of the Planning Commission are appealable to
the Planning Commission.
D. Site Development Standards
1. Minimum building site area - 10,000 net square
feet.
2. Maximum building site coverage - 35%.
3. Maximum building height - 2 stories not to exceed
35 feet except as noted on Exhibit 1.
4. Minimum building site width - 75 feet.
5. Minimum building yard setbacks:
a. Front yard setback: 15 feet minimum with an
average of 20 feet.
b. Side yard:
1) 10 feet from any ultimate right-of-way
line, unless otherwise specified herein.
2) 5 feet from any abutting Garden Office
land use designation.
3) 15 feet from any residential single
family district or the Residential
Single-Family Garden Office land use
designation developed with residential
uses. Any main building or portion
thereof in excess of 18 feet in height
Newport - Warren Planned Community
Page 8
shall be setback a minimum 25 feet from
an abutting Residential Single-Family-
General Office (RSF-GO) land use
designation developed with residential
land use or a residential single family
district.
c. Rear yard setback: 20 feet.
6. Vehicle Access Standards
A vehicular access plan shall be provided and such
plan shall be approved by the Community Development
Department in conjunction with design review for a
project. The Vehicular Access Plan shall be in
substantial conformity with the following:
a. The first street opening from an intersection
shall be a minimum of 150 feet from the point
of intersection of the ultimate right-of-way
lines of the abutting streets.
b. Any additional street openings shall be a
minimum of 300 feet, front center to center,
from any other street opening.
c. Any access driveway, parking aisle, or private
roadway shall not be closer than 10 feet to
the boundary of a residential district.
d. No street opening shall be permitted within
the southern frontage of Warren Avenue.
Reciprocal ingress and egress easements shall
be established where needed to permit access
to Newport Avenue for those parcels with legal
access to Warren. At the time of approval of
the vehicular access detail plan, said parcels
shall submit to the City of Tustin an
irrevocable offer of dedication of vehicular
access right to Warren Avenue.
The vehicular access detail plan shall be
submitted to the Community Development
Director for approval prior the issuance of a
building permit or grading permit. The
Director shall weigh each application on its
merits and may grant a modification of any of
the above guidelines if it is found that the
efficiency of the arterial highway system will
be maintained and that conditions or terrain
indicate it is impractical or inadvisable to
comply with the requirements, or if these
requirements will create or result in undue
hardship to the abutting property.
Newport - Warren Planned Community
Page 9
7. General Regulations
Other general regulations and standards applicable
to all land use designation are provided in Section
3.3 of this document.
3.3 GENERAL REGULATIONS
A. Limitation on Uses - The following limitations shall
apply to all uses:
1. All uses shall be conducted within a completely
enclosed building, except for off-street parking,
loading and temporary uses.
2. No overnight parking of vehicles other than those
used in conjunction with a permitted use shall be
permitted.
3. Storage shall be permitted only with an entirely
enclosed structure, and shall be limited to
accessory storage of commodities sold or utilized
in the conduct of a permitted use on the premises.
B. Off-Street Parking Requirements
1. Basic Regulations
a. New Uses - Off-street parking shall be
provided for any new building constructed and
for any new use established; for any addition
or enlargement of an existing building or use;
and for any change in the occupancy of any
building or the manner in which any use is
conducted that would result in additional
parking spaces being required.
b. Maintenance - All required off-street parking
spaces shall be available permanently and
marked and maintained permanently for parking
purposes. Off-street parking areas shall not
be used for the sale display or repair of
motor vehicles or re-striping of parking areas
shall not change the configuration, size or
location of parking spaces and landscaping
unless approved by the Community Development
Department.
2. Parking Spaces Required
a. All uses shall provide off-street parking in
accordance with Table 2. The requirement for
any use not listed specifically shall be
determined by the Community Development
Newport - Warren Planned Community
Page 10
Director on the basis of the requirements for
similar uses. The number of handicap spaces
shall be as required by the Uniform Building
Code.
b. Fraction of Parking Spaces - Where the
application of the off-street parking
requirements results in a fractional number of
spaces then the fraction shall be rounded to
the next higher whole number.
c. Location of Parking Spaces - All required off-
street parking spaces shall be located on the
same lot as the use to be served.
d. Restricting the Use of Parking Spaces - All
required parking spaces shall be made
available permanently for automobile parking
not only for employees working at the premises
for which parking is required. In the absence
of prior approval from the Planning
Department, it is unlawful for any owner,
lessee, tenant or any person having control of
the operation of any premises for which
parking is required to prevent, prohibit or
restrict authorized persons from using
parking.
e. All handicapped parking spaces shall be
located as close as is practical to the
entrance(s) to the use they are intended to
serve, and oriented so that a user of the
handicapped parking space does not have to go
past the rear of automotive parking spaces in
order to reach the buildings main entrance.
f. Parking area dimensions, location, aisle
width, access, etc., shall conform to City of
Tustin parking standards on file in the
Community Development Department.
Newport - Warren Planned Community
Page 11
TABLE 2
PARKING STANDARDS
Use
Churches, Parks, Playgrounds
Offices
Required Parking Spaces
1 per each 3 seats
1 per 250 square feet of gross
floor area
Schools
Single-family residence
C. Mechanical Equipment
1 per each staff member plus 1
loading space for each 8
children
2 car garage per dwelling
Compressors, air conditioning units or similar mechanical
equipment, located outside the exterior walls of any
building shall comply with the following:
1. All such mechanical equipment shall be screened
from view from any abutting street or highway and
shall be enclosed. Location and architectural
design of the enclosure shall be subject to design
review. The screen shall be considered as an
element of the overall design of the project and
shall blend with the architectural design of the
buildings.
2. All such mechanical equipment shall be maintained
in a clean and proper condition to prevent a
collection of litter and filth and to avoid the
emission of unnecessary noise, dust or fumes.
D. Fences and Walls
Fences, hedges and walls, not greater than 6 feet, 8
inches in height shall be permitted on or within all rear
and side property lines on interior lots and on or to the
rear of all front yard setback lines. No fence, wall or
hedge over 3 feet in height shall be permitted in any
required front yard, or in the required side yard on the
street side of a front yard or in the required side yard
on the street side of a reverse corner lot. All
provisions of the Tustin City Code shall also apply to
the construction of walls, fences and hedges.
Newport - Warren Planned Community
Page 12
E. Refuse Collection Areas for Office Proj ects
All outdoor refuse collection shall be screened visually
from streets and highways. Collection areas shall be
shielded from view within a building or enclosed by a
wall not less than 6 feet in height. Said enclosures
shall be designed consistent and to compliment main
building materials. The city, during design review, may
require accommodation of adequate on-site building
facilities to encourage refuse recycling. Within the
Garden Office (GO) land use designation, such trash areas
shall not occur within the front or an exterior side yard
or within 25 feet of an abutting residential district or
land use designation.
F. Screening and Landscaping
All projects (other than single family residential) shall
be subject to the following landscaping requirements:
1. A minimum of 15% [and 20$ for cluster developments]
of building site or project net area shall consist
of trees, shrubs, vines, ground cover, or any
combination thereof. Landscaped area shall not
include buildings, paving, swimming pools,. gravel
or any other assemblage of building materials upon
or over the land.
2. Existing mature trees shall be preserved and
integrated into the landscape plan whenever
possible. Existing mature trees which are removed
shall be replaced t a minimum rate of specimens of
24 inch box size per 1 mature tree removed.
3. Boundary landscaping along primary and major
arterial highways shall create a parkway appearance
which softens/screens undesirable views. Street
trees shall be randomly grouped to create an
informal or natural character and be provided at a
rate of not less than 1 24" box tree per 25 feet of
road frontage and 6 five gallon shrubs per 25
lineal feet of street frontage or a combination of
3 - five gallon and 5 - one gallons shrubs shall be
provided.
4. In the interest of public safety, street trees
shall be planted a minimum of 25 feet from the
beginning of curb returns at intersections and a
minimum of 10 feet from street lights, fire
hydrants and driveways.
5. Outdoor off-street parking areas shall be planted
at a rate of 1 tree per 1,000 square feet of
parking area surface and at a minimum of every
Newport - Warren Planned Community
Page 13
fifth parking space in parking bays exceeding 10
spaces in length.
6. Street frontage landscaping shall also screen all
parking areas in the general office designation or
in office use from street view by use of evergreen
plant materials in combination with on or more of
the following.
a. Wall: A wall of colored concrete, stone,
brick, the or similar type of solid masonry
material a minimum of 4 inches thick and 3
feet high but no more than 3 1/2 feet high.
b. Fences, solid: A solid fence of wood, masonry
or other opaque material of at least 3 feet in
height but not more than 3 1/2 feet high.
c. Fences, open: An open weave or mesh fence
combined with plant materials to form an
opaque screen of at least 3 feet in height but
not more than 3 1/2 feet high.
d. Berm: An earthen berm used as a screen seeded
with grass or other evergreen ground cover
with a minimum height of 3 feet but not more
than 3 1/2 feet in height.
7. Unless specified otherwise, all landscaping
installation shall conform with the City of Tustin
landscape guidelines and submittal requirements.
8. The required use permit or design review
application shall include a landscape plan in
compliance with the above requirements.
9. All front, side and rear street facing setback
areas shall be fully landscaped with plant
materials, with the exception of driveways and
architectural features such as walks, sculpturing,
ponds and decorative walks.
10. Except where landscaping is included on the side or
rear yard parking area, provide in the perimeter
one 15 gallon size tree and 5 gallon - five gallon
shrubs for every 30 lineal feet of property line.
11. Provide turf or ground cover in private parkways
and in perimeter landscaping. (Exception: Where
there are private parkways or perimeter landscaping
near street curb.)
12. Interior Landscaping
a. For office development, provide one tree per
250 square feet of landscaped are.
b. Provide landscaping adjacent to structures on
site including one 15 gallon tree for every 30
lineal feet of exterior wall. (Need not be
spaced at 30 feet off center.)
Newport - Warren Planned Community
Page 14
c. Along fences or walls, including refuse
storage and equipment areas, provide landscape
screening with shrubs, and or vines and trees.
13. Parking Lot Landscaping
a. At least 5$ of any parking lot area and any
additional portion not actually used for
movement and parking of vehicles shall be
landscaped with trees, shrubs and ground
cover.
b. Any perimeter parking lot trees shall be
planted in a planter of sufficient width to
provide 2 1/2 feet minimum clearance for
vehicle overhang.
G. Buffering from Residential Areas
Development of any project other than single family
residential shall be subject to the following
requirements where an interior property line abuts a
residential district or land use designation.
1. Provide and maintain a landscape buffer at least 8
feet wide. Landscape materials within the buffer
shall include trees and shrubs. Trees shall be
spaced a maximum of 20 feet on center and create an
opaque screen above the wall within 24 months from
initial installation. Shrubs shall achieve a
mature height of between 2 and 6 feet.
2. Masonry walls a minimum of 6 feet, 8 inches in
height shall be installed along site boundaries.
H. Sianaae
Signage within the Newport - Warren Planned Community
shall be subject to provisions of the Tustin Sign Code.
I. Lighting
All lighting shall be designed and located so as to
confine direct rays to the premise.
3.4 DESIGN GUIDELINES AND STANDARDS
The Design guidelines and standards are part of the site
development review procedures and development standards. For
developers preparing development proposals and City of Tustin
officials reviewing those proposals, the guidelines and
standards provide a framework for achieving design
Newport - Warren Planned Community
Page 15
compatibility between proposed projects and existing community
character. The guidelines, therefore, represent a specific
set of additional criteria for the design of projects and
their subsequent evaluation.
In addition to general design review findings required in the
Tustin City Code and requirements contained in the Land Use
and Development Regulation Section of this document,
development plans shall be reviewed for compliance with the
following guidelines. Some standards contained in this
section are intended to be as directives and shall be
implemented according to language contained herein (ie.,
"shall", "prohibited"). Other standards are guidelines and
intended to guide and not restrict creative solutions.
A. Plant Materials
1. Repetitious use of like plant materials to create
unity throughout the planned community is preferred
to an exhaustive plant pallet.
2. Use of broad leaf trees with architectural canopies
is encouraged.
3. landscape materials should be drought tolerant and
as low maintenance as possible. Drought tolerant
shall include plants, which when established,
require watering no more frequently than once every
two or three weeks.
4. All shrubs should vary container size between one
(1) gallon and five (5) gallons.
5. Required landscaping shall be maintained in a neat,
clean, and healthy condition. This shall include
proper pruning, mowing of lawns, weeding, removal
of litter, fertilizing, replacement of plants when
necessary, and the regular watering of all plants.
B. Site Development
1. Deciduous trees should be used in south facing
outdoor areas around buildings to provide solar
access during winter months, while providing shade
in hot summer months.
2. Trees and shrubs on west sides of buildings should
be concentrated to reduce heat build-up during hot
afternoon hours.
3. An irrigation system is required in all landscaped
areas to ensure all plantings are adequately
watered. Systems installed should be automatic
whenever possible and designed for efficiency of
water use.
4. Irrigation controls, valves and backflow preventers
should be hidden in shrub areas whenever possible.
Newport - Warren Planned Community
Page 16
5. Utility lines and apparatus should be placed
underground.
6. Landscape plans should incorporate various site
elements. Outdoor lighting, signing, trash
receptacles, fencing, etc. should be carefully
considered as integral elements of the landscape,
and should be included in and shown on all
landscape plans.
7. No landscape improvements shall be placed so as to
obstruct the vision of drivers and/or pedestrians.
C. Streetscape
1. Landscaping of setbacks along primary, major and
secondary arterials should create a parkway
appearance which compliments the architectural
elements of the site design and includes a street
tree program to soften and screen undesirable
views.
2. Street trees located on the parkways along Newport
Avenue and 17th Street should be clustered or
randomly spaced to create an informal or natural
character.
3. Parkway underplantings should consist of low
profile ground cover extending to a fence or wall
with shrub mounding in groupings to soften wall
forms. As an alternative berms not less than 3
feet nor more than 3 1/2 feet may be used either
independently or in conjunction with low walls
conforming to the same height limitation.
4. Wherever possible, bikeway right-of-way shall be
accommodated outside of the roadway within the
parkway area.
D. Landscape Buffers
1. Landscape buffers are to be provided in conjunction
with a solid wall constructed of material which is
compatible with the architecture of the main
buildings. (Wood fences must be insulated for
noise in order to be considered as meeting the
intent of this guideline.)
2. Landscape materials within the buffer shall include
trees and shrubs. Low ground covers are
discouraged.
E. Walls and Barriers
These guidelines shall be used to ensure walls or other
barriers are built as an integral element of new
development. Walls or other barriers should be used for
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Page 17
noise attenuation or visual screening when these purposes
cannot be achieved through building design and siting.
1. To maintain a suburban character, use of walls or
other noise or visual barriers developed within or
along required setbacks from public rights-of-way
should be developed as an integral architectural
element of the buildings, for example, around a
private patio, courtyard or similar exterior space.
2. Walls and barriers should be designed to be
compatible with like facilities on adjoining
properties.
3. Walls and barriers should be developed in
conjunction with plant materials as described in
the preceding guidelines.
4. Walls and barriers in combination with plant
materials shall serve to prevent direct line of
sight between uses of different intensity when this
purpose cannot be accomplished through building
siting and design.
F. Parking Facilities and Access Driveways
These guidelines shall be applied in evaluating
professional office developments. Their purpose is to
make parking facilities as unobtrusive a part of the
landscape as possible.
1. Subterranean parking enclosed on two or three sides
is strongly encouraged for professional office
developments in order to avoid broad expanses of
paved ground devoted to surface parking. Broad
expanses of pave ground are not considered in
keeping with the area's residential character.
2. A raised curb, bumpers or tire stops shall be
provided in all parking lot areas abutting a
sidewalk, street, building or alley.
3. Off-street parking facilities shall be designed so
that a car within a facility will not have to enter
a street to move from one location to any other
location within the same parking facility. Parking
facilities within contiguous parcels designated for
professional office use shall be considered as
having the same parking facility even though they
may be developed independently and at different
times. Floating easements should be established or
a master parking plan prepared as part of the
initial development in order to ensure compliance
with this guideline.
4. Parking facilities shall be designed in such a
manner that any vehicle on the property will be
Newport - Warren Planned Community
Page 18
able to maneuver as necessary so that it may exit
from the property traveling in a forward direction.
5. All parking spaces shall be clearly outlined on the
surface of the parking facility.
6. The costs of providing landscaping and/or other
means of structural screening should be considered
as necessary costs of the parking facility; rather
than elective, and therefore, discardable cosmetic
effects.
7. Generally, off-street parking facilities should be
located to the rear of sites. Street frontages
should be devoted to building architecture and
landscaping as is characteristic of residential
uses.
8. To be compatible with the area's residential
character, lighting standards in parking areas
should not exceed 10 feet in height.
9. Lighting for parking areas shall be designed to
confine direct rays to the site. Care should be
taken to avoid indirect or inadvertent illumination
of abutting residential uses.
G. Architectural Character
The following architectural guidelines provide a
framework for establishing an architectural character
throughout the specific plan area which reflects the
existing small estate residential character. Creativity
in achieving residential character on an individual
project basis is encouraged. The guidelines are
applicable to nonresidential developments and residential
projects of greater density than the existing small
estate neighborhoods.
1. New professional office buildings should be
sympathetic to the residential small estate
architectural theme of the area as characterized by
building bulk, height, roof design and setbacks.
2. Architectural elevations from arterial and
collector streets should a achieve a single-family
residential character through architectural design
and control of building bulk, setbacks and spacing
of buildings.
3. Two-story structures should avoid a bulky or boxy
appearance which results from flat vertical
building plains. Use of irregular or stepped
facade depth, change in wall and roof hip direction
and other techniques is encouraged as a means of
reducing the apparent building bulk.
4. Use of partially or totally enclosed patios and
balconies to provide a residential character is
Newport - Warren Planned Community
Page 19
encouraged. The height and materials used for the
enclosure should be varied to provide interest.
5. Plazas, courtyards and arcades scaled for
pedestrian use are encouraged as part of
professional office developments. Such spaces
should be designed and oriented to separate or
appear to separate potentially long or massive
building into distinct structures of a residential
scale and character.
6. Varying the height of portions of the building so
that it appears to be divided into distinct units
is encouraged.
7. All roof equipment and rubbish collection units
shall be screened from view. The screening
material shall be in harmony with building lines,
materials and color. When possible, mechanical
equipment typically located on the roof should be
enclosed within the building attic (pitched roof),
located at grade and screened from view, or located
below grade when accessible from subterranean
parking facilities.
8. Subdued colors or earth tones characteristic of
existing residential neighborhoods are encouraged.
9. Exterior building materials shall achieve a
residential character. Buildings constructed of
metal or concrete with very extensive glass walls
are not considered residential in character.
10. Continuous flat roofs and mansard roofs are
discouraged. Peaked roofs such as gable, hip or
shed roofs are appropriate for the desired
character. Variety in roof design within each
building is encouraged. Roofs shall have a minimum
pitch of 1 foot of rise to 3 feet of run and shall
have a maximum pitch of 1 foot of rise to 1 foot of
run
11. The reflectivity of all exposed surfaces (walls,
roofs, windows, frames, and paved surfaces) should
be mitigated by such devices as overhangs, awnings,
trellises, plantings and similar features.
12. Direct line of sight views from the second story of
a non-residential building into an adjacent
residential district shall be avoided through
sensitive building siting and design. Design
solutions include, among others, no windows on
walls facing residential uses, clear story windows
on walls facing residential uses, skylights, opaque
screens and setback of the second story. Building
siting or second story design which orients the
second story walls at an angle to the residential
property line are also encouraged. Landscape
materials may be used in combination with but not
Newport - Warren Planned Community
Page 20
as substitution for an architectural design
solution
13. Architectural design should reflect an
indoor/outdoor relationship, achieved by a high
void to solid ratio, in order to take advantage of
the conducive climate and create a residential
character.
14. Buildings in the general office land use
designation should be oriented towards the street
perimeter. The buildings in combination with
landscaping and site design features should be used
to screen views of parking facilities from public
streets.
15. Site design and architectural treatment of building
site edges with neighboring residential uss should
be sensitively treated in order to preserve the
privacy of residents of both sites.
16. Building orientation should be sensitive to
minimizing intrusion upon the privacy of users of
adjacent properties either within buildings or
exterior living spaces.
H. Signs
The following guidelines provide directions for the
design and location of signs within the specific plan
area. Because signs are not typically found in single-
family residential communities, the objective of these
guidelines is to ensure a very subdued appearance to
those signs necessarily associated with professional
office, commercial and certain residential developments.
1. Signs should be made of wood, aggregate, masonry or
similar materials. Signs made of plastic,
plexiglass or similar materials are in contrast the
area's residential character and should be avoided.
2. Freestanding signs located within landscaped
parkways along arterial streets should maintain a
low profile.
4.0 IMPLEMENTATION/ADMINISTRATION
4.1 Responsibility
The Department of Community Development shall be responsible
for the administration and enforcement of provisions of these
regulations.
4.2 Interpretations
If ambiguity arises concerning the appropriate application of
provisions contained in these regulations, the Director of
Newport - Warren Planned Community
Page 21
Community Development 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 Planning Community
District regulations and individual land use designation
within the district;
C. Provisions contained in the General Plan.
Any decision of the Director may be appealed to the Planning
Commission.
4.3 Development Processing
The Land Use Plan (Exhibit 1) shall generally guide location
of the land use areas within the project area.
4.4 Site Plan Review
Design review by the Community Development Department is
required prior to submitting plans and specification for plan
check and building permit processing. The applicant shall
submit plans and all information to the Community Development
Department in accordance with the City of Tustin Design Review
requirements. Said application shall include but is not
limited to conceptual site plans, architectural elevations of
all building exteriors, and conceptual common area landscape
plans.
The decisions by the Community Development Department shall be
final unless appealed to the Planning Commission with 7 days
of the Community Development Department's decision.
While the Community Development Department review is not
subject to a public hearing, the Community Development
Department may impose reasonable conditions necessary to
ensure compliance with the Planned Community regulations.
4.5 Subdivisions
All divisions of land within the project area shall be
processed in accordance with the Tustin city code and state
subdivision map act.
4.6 Variances, Conditional Permits, Use Determinations, and
Temporary Uses
All applications shall be processed in accordance with the
Tustin city code.
Newport - Warren Planned Community
Page 22
4.7 Minor Modifications/Adjustments
A. The Director of Community Development or designee may
take action on requests for minor modifications or
adjustments to "site development standards" contained in
the Planned Community Regulations when such requests
constitute a reasonable use of property not permissible
under a strict literal interpretation of the regulations.
Administrative adjustments are intended for special
circumstances of hardship and are not intended for
uniform application throughout the Planned Community
area.
Minor modifications/adjustments may allow the following:
1. A decrease of not more than 5% in the minimum
required building site area
2. A decrease of not more than 10% in the minimum
required building or landscaping setbacks
3. An increase of not more than 20% in the maximum
permitted height of a fence or wall, subject to
city-approved structural design
4. An increase of not more than 10% of the permitted
projection of steps, stairways, landings, eaves,
overhangs, masonry chimneys, and fireplaces into
any required building setback
5. An increase of not more than 5% in the maximum
permitted building height
6. An increase of not more than 10% in the maximum
height or area of allowable signage
7. A decrease in the number of required off-street
parking spaces for uses up to a maximum of 10% not
to exceed ten-spaces. Requests for larger than a
ten-space reduction may be granted adjustments
commensurate with a Planning Commission approved
transportation management plan or shared parking
plan prepared by a qualified traffic engineer. The
Director and/or the Planning Commission shall
include findings in its determination addressing
the following:
a. The intent of the parking regulations is
preserved.
b. The parking provided will be sufficient to
serve the use intended and potential future
uses of the same site.
c. The adjusted decrease in the number of parking
spaces shall not be detrimental to the public
health, safety or general welfare or
materially injurious to properties located in
the general vicinity.
Newport - Warren Planned Community
Page 23
B. Applications
1. An application for an adjustment shall be filed
with Community Development Department pursuant to
its current application procedures and fee
schedule.
2. The Director of Community Development or designee
shall conduct a public meeting to review the
application, statement and drawings submitted. At
the meeting the Director or designee shall act on
the application and may approve, modify or deny
said application.
3. In granting an adjustment, the Director of
Community Development or designee shall make
findings in fact as prescribed by current law for
the granting of a variance by the Planning
Commission. In addition, the Director shall find:
a. That there are practical difficulties or
benefits of improved design which justify the
deviation.
b. The adjustment,
equal or greate
c. The adjustment
objectives or
specific plan.
where applicable, will provide
r benefit to adjacent property.
is not in conflict with
the general intent of the
If the Director of Community Development or
designee denies an application for an adjustment,
or if the applicant disagrees with the conditions
imposed on the granting of an adjustment, if any,
the applicant may file for a variance in accordance
with the procedures prescribed in the Tustin city
code.
C. Amendment of Planned Community
Any amendments to the Planned Community Regulations
contained herein which changes any property from one land
use designation to another shall be initiated and
processed in the same manner set forth in the Tustin City
Code for amending the City Zoning Map.
D. Non-Conforming Uses and Structures
All provisions contained in the Tustin City Code shall
apply to non-conforming uses and structures.
Newport - Warren Planned Community
Page 24
E. Enforcement
Planned Community 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
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.
F. Definitions
For purposes of these regulations words, phases and terms
shall have the same meaning ascribed by the Tustin City
Code unless specifically defined by this section as
follows:
1. Building site area - the total land area within the
boundaries of a development project, not including
any required public street right-of-way dedication
or easements.
2. Density - the number of dwelling units per gross
acre. Density shall be computed by dividing the
total number of dwelling units on a parcel by the
net parcel area for that parcel.
G. Notes
1. Whenever the regulations contained herein conflict
with the regulations of the Tustin City Code, the
established zoning regulation shall take
precedence. Any standard or regulation not covered
by the specific plan shall be subject to
regulations contained in the Tustin City Code.
2. All construction shall comply with all provisions
of the Tustin City Code.
3. Plans for noise attenuation of units located along
Newport Avenue which insure that interior and
exterior noise levels do not exceed the City of
Tustin Noise Ordinance and state standards shall be
submitted for review and approval at time of the
builders first necessary discretionary application
submitted.
4. Approval by the Air Quality Management District of
any plans, devise or facilities for control of air
pollutants shall be required.
Newport - Warren Planned Community
Page 25
5. Energy conversation provisions shall be considered
when building orientation, materials and design are
developed.
6. As a condition of any increment of a proposed
development, the applicant shall provide evidence
of the adequacy of all infrastructure improvements,
including the adequacy of the circulation system.
7. After commencement of alterations or construction
of any structure, or improvement thereon, the owner
shall diligently prosecute the work thereon, to an
end that the structure shall not remain in a partly
finished rendition any longer than reasonably
necessary for completion.
8. Businesses located within the Planned Community
shall not be operated or maintained in a fashion
detrimental to the public health, safety or welfare
or materially injurious to properties or
improvements in the immediate area.
9. Mitigation measures identified and adopted in the
environmental impact report shall be incorporated
by reference in the specific plan.
10. If any portion of these regulations is for any
reason, declared by a court of competent
jurisdiction to be invalid or ineffective in whole
or in part, such decision shall not affect the
validity of the remaining portions thereof. The
City Council hereby declares that it would have
enacted these regulations and each portion thereof,
irrespective of the fact that any one or more
portions be declared invalid or ineffective.
misc\landuse2