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HomeMy WebLinkAboutORD 0938 (1985) 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 2F 2E 2. 2f ORDINANCE N0. 938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING AN AREA BOUNDED BY THE I-5 FREEWAY, BRYAN AVENUF_, BROWNING AVENUE, AND THE PROPOSED JAMBOREE ROAD, FROM PLANNED COMMUNITY TO PLANNED COMMUNITY/RESIDENTIAL AND PUBLIC AND INSTITUTIONAL AS SHOWN IN EXHIBIT "A" AND INCLUDING THE INCORPORATION OF PLANNED COMMUNITY REGULATIONS KNOWN AS THE EAST TUSTIN PHASE I RESIDENTIAL The City Council of the city of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: A. That a proper application (Zone Change 85-4) has been filed by Monica Florian, on behalf of The Irvine Company, to change the zone for an area bounded by the I-5 freeway, Bryan Avenue, Browning Avenue and the proposed Jamboree Road, from Planned Community to Planned Community/Residential and Public and Institutional as shown in Exhibit "A", and incorporating planned community regulatons known as the East Tustin Phase I Residential. B. That a public hearing was duly called, noticed and held on said application. C. That a zone change should be granted for the following reasons: 1. That the proposed change would not be detrimental to the public health, safety, and welfare of the surrounding property owners. 2. That the inclusion of a Planned Community zone and incorporation of development regulations will ensure that the proposed use will be compatible with future and existing developments. 3. The proposed zone designation is in conformance with the Land Use Element of the Tustin Area General Plan. D. Development of subject property shall be in accordance with the policies adopted by the City Council; Uniform Building Codes as administered by the Building Official; Uniform Fire Code as administered by the Orange County Fire Marshal; and street improvement requirements as administered by the City Engineer. E. Development of the subject property shall be governed by the Planned Community Regulation for the East Tustin Phase I Residential, shown in Exhibit "B" attached hereto and a part hereof, as now existing and hereafter amended by Ordinance of the City Council. a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 938 Page Two F. A draft Environmental Impact Report (DEIR 84-3) has been prepared for this subject project, and has been certified by the adoption of Resolution No. 85-66 with mitigation measures specified as conditions in this ordinance. II. The City Council Commission hereby approves Zone Change 85-4 from Planned Community to Planned Community/Residential and Public and Institional for an area bounded by the I-5 freeway, Bryan Avenue, Browning Avenue, and proposed Jamboree Road, as shown in Exhibit "A", and incorporates Planned Community Regulations known as the East Tustin Phase I Residential. (Exhibit B). PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 15th day of July 1985. ~~ ~~~ti~ FRANK H. GREINKE Mayor f'_ LJ MAR WYNp City Cle c ZONI TUSI EXHIBI' m e H MP ~~~ ~ ~ PER RES. NO. DATED PER ORD. NO. DATED ~J V;' ' ~ / PLANNED COMMUNITY ZONING REGULATIONS EAST TUSTIN PHASE I RESIDENTIAL ZONE CHANGE N0. 85-4 CITY OF TUSTIN MAY 1, 1985 AMENDED BY PLANNING COMMISSION June 10, 1985 CEP336 EXHIBIT "B" 1 A TABLE OF CONTENTS SECTION PAGE N0. SECTION I INTRODUCTION 3 SECTION II STATISTICAL SUMMARY 4 SECTION III ZONING MAP 5 SECTION IV NOTES 6 SECTION V GENERAL DEVELOPMENT STANDARDS 9 SUBSECTION A BUILDING SETBACKS FROM STREET 9 SUBSECTION B LANDSCAPE AREAS ADJACENT TO STREETS 9 SUBSECTION C PRIVATE STREET STANDARDS 10 SUBSECTION D WALLS AND FENCING 11 SUBSECTION E INTERSTATE 5 FREEWAY BUFFER 11 SUBSECTION F LANDSCAPING 11 SUBSECTION G PRIVATE PARK DESIGN 11 SUBSECTION H EXTERIOR BUILDING ARCHITECTURE 11 SUBSECTION I ANTENNAS 13 SUBSECTION J TRELLIS 13 SUBSECTION K COMMON AREA LANDSCAPING 13 SUBSECTION L ACCESS TO PUBLIC STREET 13 SUBSECTION M SIGNING 13 SECTION VI DEFINITIONS 15 SUBSECTION A APPLICABILITY 15 SUBSECTION B DEFINITIONS 15 CEP336 TABLE OF CONTENTS PAGE Page Two SECTION VII MEDIUM LOW DENSITY RESIDENTIAL (AREA N0. 1) 20 SUBSECTION A PURPOSE 20 SUBSECTION B USES PERMITTED 20 SUBSECTION C USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT 21 SUBSECTION D SITE DEVELOPMENT STANDARDS 21 SECTION VIII MEDIUM DENSITY RESIDENTIAL (AREA N0. 2) 25 SUBSECTION A PURPOSE 25 SUBSECTION B USES PERMITTED 25 SUBSECTION C USES PERMITTED SUBJECT TO A CONDITIONAL USE PERMIT 26 SUBSECTION D SITE DEVELOPMENT STANDARDS 26 SECTION IX MEDIUM HIGH DENSITY RESIDENTIAL (AREA NO. 3) 33 SUBSECTION A PURPOSE 33 SUBSECTION B USES PERMITTED 33 SUBSECTION C USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT 34 SUBSECTION D SITE DEVELOPMENT STANDARDS 34 SECTION X PUBLIC OPEN SPACE: AREA NO. 4 38 SECTION XI DEVELOPMENT PLAN DESIGN REVIEW PROCEDURES 39 SECTION XII ENFORCEMENT 40 CEP336 SECTION I. INTRODUCTION The regulations set forth in this ordinance for the East Tustin Phase I Residential Planned Community District have been established to provide for the development of a variety of residential housing types and densities, as well as compatible community facilities. The application of these regulations is specifically intended to encourage the appropriate use of the land, create a harmonious relationship among the residential land uses and existing commun- ity, protect the health, safety and general welfare of the community and provide the flexibility needed to create a quality residential environment. Development within the East Tustin Phase I Residential Planned Community will occur pursuant to these Planned Community Regulations. CEP336 3 5/1/85 SECTION II. STATISTICAL SUMMARY RESIDENTIAL Approximate Maximum Type Area Gross Acres Density Dwelling Units Medium Low Density 1 33 8 264 Medium Density 2 21 13 273 Subtotal Medium High Density 3 27 19 513 COMMUNITY FACILITIES Neighborhood Park 4 4 Roads 22 Total 107 10 1050 CEP336 4 5/1/85 SECTION IV. NOTES A. Within the Planned Community area, the continued use of the land for agricultural purposes and other uses similar in character and all neces- nary structures and appurtenances shall be permitted. B. Any land use proposal not specifically covered by the provisions con- tained herein shall be subject to the regulations of the City of Tustin Zoning Code. C. Whenever the regulations contained herein conflict with the regulations of the City of Tustin Zoning Code, the regulations of the East Tustin Phase I Residential Planned Community District shall take precedence. D. Grading will be permitted within the Planned Community outside of an area of immediate development upon the securing of a grading permit. Stock- pile and borrow sites may be permitted within areas scheduled for future development subject to an approved grading plan and issuance of a Temporary Use Permit by the City of Tustin. E. The density of any residential development shall be computed by dividing the total number of dwelling units in the parcel by the gross acres for that parcel. For this purpose, gross acres shall be measured to the center-line of any internal public or private street or to the ultimate right-of-way line of any arterial highway as designated on the City's Master Plan of Arterial Highways. CEP336 6 5(1/85 F. All areas designated for residential use may and are encouraged to be developed at a lower residential density without requiring an amendment to the Planned Community District Regulations. G. All construction shall comply with all provisions of applicable Municipal Codes. H. Model homes and their garages and private recreation facilities may be used as offices for the first sale of homes within a recorded tract and within subsequent similar tracts utilizing these same architectural designs subject to the regulations of the City of Tustin governing said uses and activities. Said model homes must be closed to the public and converted for occupancy within 90 days from the last home sale (deed recordation) in the subdivision tract of the same style home. I. Plans for the noise attenuation of units located near arterial highways or freeways which insure that interior and exterior noise levels do not exceed the City of Tustin noise ordinance, shall be submitted for review and approval at the time of builders tentative tract consideration for residential development. Refer to Section 3.6.3 of EIR 84-3 for mitigation measures regarding interior and exterior noise levels. J. Pursuant to City Ordinance No. 921, a park standard of 3 acres per 1,000 population is required for this Planned Community. This requirement shall be satisfied as detailed in Ordinance No. 921. The exact location, size, improvements and funding mechanism for both the neighborhood park and remaining parkland dedication shall be finalized prior to the CEP336 7 5/1/85 issuance of a building permit for Areas 1, 2 and 3. The exact amount of dedication will not be determined until subsequent tract maps with specific projects have been filed. CEP336 8 5/1/85 SECTION V. GENERAL DEVELOPMENT STANDARDS A. Buildinq_Setbacks from Streets: The following minimum setbacks shall apply to all main structures abutting the following streets. Setbacks shall be measured from the ultimate right-of-way line. Buildings will be set back a minimum of 5 feet from tract walls. Street Designation Santa Ana Freeway and Interchange Ramps Jamboree Road Bryan Avenue Browning Avenue Laguna Road Streets A and B Minimum Building Setbacks 30' 26' 26' 26' 22' 20' B. Landscape Areas Adjacent to Streets: The following minimum landscaped areas shall be provided adjacent to the following streets. The land- scaped area including sidewalks and any utility easements shall be measured from the face of curb and may include: areas dedicated to or assigned through easement to the City of Tustin, if accepted; areas owned and maintained by private individuals or associations; areas owned by private individuals and/or associations and maintained by public maintenance districts; or a combination thereof. CEP336 9 5/1/85 Street Designation Minimum Landscape Area Width Santa Ana Freeway (from right of way) 30' Jamboree Road 20' Bryan avenue 24' Browning Avenue 24' Laguna Road 20' Streets A and B 19' C. Private Street Standards: When private streets are constructed, they shall be improved in accordance with the following standards: (1) Private streets 150 feet or less in length serving 6 or less dwelling units and having no parallel parking within the travel way shall have a minimum paved width of 24 feet. (2) Private streets more than 150 feet in length, serving more than 6 dwelling units and with no parallel parking within the travel way shall have a minimum paved width of 28 feet. (3) Private streets where on-street parallel parking will be limited to one side only shall have a minimum paved width of 32 feet. (4) Private streets with on-street parallel parking permitted on both sides shall have a minimum paved width of 36 feet. (5) Private drives with perpendicular parking outside of the travel way shall have a minimum paved width of 24 feet. CEP336 10 5/1/85 (6) The paved street width (where required by the City, paved street width and sidewalks) shall constitute the total right-of-way for purposes of establishing setback lines for structures. D. Walls and Fencin (1) Materials: Walls and fencing located adjacent to Jamboree Boule- vard, Bryan Avenue, Browning Avenue, and the I/5 Freeway shall be constructed of exposed slump block or stuccoed masonry block walls or wrought iron fencing materials. Walls and fences dividing common property lines not adjacent to a public right-of-way may be constructed of any material acceptable to the Planning Commission. (2) Height: Top of walls and fencing along Browning Avenue, Bryan Avenue, and Jamboree Road shall be a minimum of 6 feet 8 inches in height measured from the finished grade level of the adjoining public sidewalk or top of curb, whichever is higher. Walls and fencing dividing common property lines not adjacent to a public right-of-way may be constructed at any minimum height. However, common property line walls and fencing including hedges shall not exceed 7-1/2 feet in height measured from the highest adjacent grade level. E. Interstate 5 Freeway Buffer: Sound attenuation buffering for both the interior and exterior of residential units shall be required in conform- ance with the City's noise ordinance. Prior to development of any parcel CEP336 11 5/1/85 adjoining the Interstate 5 Freeway or its interchange with Jamboree Road, a detailed analysis of noise impacts, mitigation measures and design standards shall be submitted for Planning Commission review and approval. A combination of earth berms topped with masonry walls shall be constructed along the Freeway right-of-way. The final berm and wall design height and limitation on adjoining structural windows will be determined by a qualified acoustical engineer retained by the City at the developers expense. F. Landscaping: A master landscape theme plan for areas adjoining Jamboree Boulevard, Bryan Avenue, Browning Avenue, Laguna and Streets A & B within this zone district shall be approved by the Planning Commission prior to development of any parcel. Each development project within this district shall implement the master plan to ensure uniform and consistent landscape treatment throughout the project area. The master landscape plan shall also detail acceptable perimeter wall materials and colors. G. Private Park Desi n: Private park land may be credited towards park land dedication requirements of the City Municipal Code. The final size and improvements of any private park must be approved by the City Council if proposed for park land dedication credit. H. Exterior Building Architecture: The City encourages attractive architectural treatment of building exteriors visible from public streets. Development plans submitted pursuant to Section X Design Review Procedures must show details of building exteriors for structures which will be visible from public streets. CEP336 12 5/1/85 I. Antennas: Roof top antennas are prohibited within this planned community district. Consideration shall be given in design of building product for attic antennas and cable television. J. Trellis: Open trellis and beam constructions shall be permitted to attach the garage or carport to the dwelling and may also extend from the dwelling to the property line in the side or rear yard. In side yards, the maximum height shall not exceed seven and one-half (7-1/2) feet. Trellis areas shall not exceed fifty (50) percent of the remaining open space of a developed lot. K. Common Area Landscaping: All commonly owned property exclusive of structural improvements shall be landscaped with a combination of trees, shrubs and ground cover. Landscaping shall be provided with permanently installed irrigation systems as appropriate and determined to be acceptable by the City Design Review process. Approval of landscape plans for commonly owned property shall be obtained pursuant to Section XI of this planned community document. L. Access to Public Streets: Developments shall not be designed in a manner causing vehicles to back directly onto Browning Avenue, Bryan Avenue, Jamboree Road, Laguna Road or Streets A and B. Driveways with adequate turn around facilities shall be required. M. Signing: A comprehensive signing plan will be developed as a part of the East Tustin Specific Plan Planned Community Regulations. That uniform CEP336 13 5/1/85 signing plan for both permanent and temporary signage will be applied to this Planned Community at such time as it is adopted. In the interim period prior to the signing plan adoption, this Planned Community shall be governed by the provisions of the City's sign code, as amended. For purposes of this Planned Community, supplemental or directional Signs may be located on Irvine Company property within the City of Tustin. CEP336 14 5/1/85 SECTION VI. DEFINITIONS A. Ap~licabili~: For the purposes of these regulations, words, phrases and terms shall be deemed to have the meaning ascribed by this section. Words, phrases and terms not specifically defined herein shall be deemed to have the meaning described in the City of Tustin Zoning Code. B. Definitions Apartments: A structure designed and built for occupancy of three or more families for rental purposes. Area Per Unix: The ratio of the building site area measured horizontally as a level plane to the number of dwelling units in a development project. Attached Single Family Dwelling. (Condominiums and Tewnhomes) Dwelling units with one or more common wall(s), such as condominiums (stacked flats) and townhomes. More than one dwelling unit may be located on a single lot. Building Site Area: The total land within the boundaries of a develop- ment project, not including any public street right-of-ways or easements that prohibit surface use of the property. CEP336 15 5/1/85 Building_Site Coverage: The percentage of the building site area that is covered by the area within the perimeter of all structures located on the building site area. Covered area shall include all areas under roof, but not include roof overhangs and covered porches. Trellis coverage is discussed in Section V.j. Swimming pools and spas are not considered in calculating structural site coverage. Common Area - Residential: The area within a residential development that is not designed as a residential building site, which is owned in common by homeowners in the development, and which is available for common use or enjoyment by all property owners in the development and their invitees; example: common parking facilities, recreation areas, landscaped areas, open space areas. Community Facility: A noncommercial use established primarily for the benefit and enjoyment of the population of the community in which it is located. Conventional Developments: Conventional developments are defined as areas developed in such a manner that each dwelling unit is situated on a residential lot of record and no lot contains more than one (1) dwelling unit. Designation of conventional development shall be shown on the tentative tract map. Zero lot line subdivisions are considered conven- tional developments. CEP336 16 5/1/85 Cluster Developments: Cluster developments are defined as combining or arranging attached or detached single family dwelling units and their accessory structures on contiguous or related residential lots of record with arrangements of common space areas which are not a part of the individual lot of record. Designation of cluster development shall be shown on the tentative tract map. Condominiums: (See attached single family dwelling) Condominiums are defined as attached or detached dwelling units developed under the statutory condominium requirements established by the State Real Estate Commissioner's office; designation of condominiums shall be shown on the tentative tract map. Density: The number of dwelling units per gross acre. detached Single Family Dwelling: A dwelling unit or accessory structure located on a single lot without walls in common with any adjoining dwelling unit or accessory structure. A dwelling unit with zero side or rear setback commonly referred to as a patio home is considered a detached single family dwelling. Detached single family dwelling may be developed in conventional or cluster development fashion. Development Project: A proposed residential land use project submitted for City review and/or approval in accordance with City codes and ordinances, eg., site plan, tentative subdivision map, conditional use permit, etc. CEP336 17 5/1/85 Gross Area ross acres The entire land area (acres) within the bound- ary of a development project, measured to the right-of-way line of any abutting arterial highway or the centerline of any internal (local) public or private street. Lot: A parcel of land to be occupied by a main building and an accessory building, or by a dwelling group and its accessory buildings, along with open space, parking and circulation as may be required by these regulations. UPGA (Units per Gross Area): The density of a residential project computed by dividing the total number of dwelling units in the project by the gross area of the project. Ultimate Ri_g_ht-Of-Way: The right-of-way shown as ultimate on an adopted precise plan of highway alignment, or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded PC development plan. The latest adopted or recorded document in the above case shall take precedence. If none of these exist, the ulti- mate right-of-way required by the highway classification as shown on the Master Plan of Streets. In all other instances, the ultimate right-of- way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way in the case of a public street. CEP336 18 5/1/85 Zero Lot Line: The siting of dwelling units in such a manner that one side-yard setback is reduced to "0" feet in order to provide outdoor living space for the other side-yard area. Dwelling units so sited shall have no door or window openings in walls located on the zero side yard property line. CEP336 19 5/1/85 SECTION VII. MEDIUM LOW DENSITY RESIDENTIAL SEA N0. 1 A. Purpose: The medium low density residential district is established to provide for the development of a detached single family conventional or cluster residential development. B. Uses Permitted: (1) Detached Single family dwellings. (2) Schools, parks, playgrounds, bicycle and pedestrian trails. (3) Accessory buildings, structures and uses customarily incidental to a permitted use, including: a. Garages, carports, and open parking areas. b. Swimming pools, spas and Jacuzzis, tennis courts, basketball or multipurpose courts and recreation buildings. c. Fences and walls. d. Patio covers and trellises. e. Garden structures and greenhouses. f. The keeping of pets of a type readily classified as being customarily incidental to a permitted residential use not involving a commercial activity. The keeping of equine, bovine, sheep, goats, swine, poultry and exotic or wild animals shall be prohibited. CEP336 20 5/1/85 (4) Easements and facilities for utilities including those for storm drain, flood control, pipelines, electrical, cable television, and natural gas. (5) Model homes (pursuant to Section IV: Notes). (6) Temporary real estate offices and construction offices and facilities. (7) Future development signs, subdivision directory signs, tract identi- fication signs, eommunity identification signs, and other real estate signs for use in identifying proposed and existing residen- tial uses pursuant to Section V. C. Uses Permitted Subject to a Conditional Use Permit: A. Churches, temples, synagogues and other places of worship with or without private or parochial schools. B. Day care centers. D. Site Development Standards: (1) Maximum density: 10.0 dwelling units per gross residential acre. (2) Minimum Building Site Area per unit: Detached single-family: 3,000 square feet. CEP336 21 5/1/85 \' (3) Minimum building setbacks for detached single-family dwellings shall be as follows: a. Front yard 1. Fifteen feet from any public or private street right-of-way line. Attached or detached garage and carports shall be set back a minimum of 9 feet from curb face, provided the garage is equipped with an automatic garage door opener. Garages and carports shall not be set back from the curb face between 9 and 24 feet to ensure that cars parking in the driveway do not overhang the sidewalk. If no sidewalk is required, the 24-foot setback may be reduced by 5 feet. If living areas are provided above garage, garage setbacks shall apply, however, the main structure will maintain the fifteen foot setback. b. Side yard - "D" feet one side, provided that the aggregate of both side yards shall be a minimum of 10 feet. Detached garages, carports or other accessory structures shall be situ- ated a minimum of 4 feet from the main building and may abut the side lot line provided: 1. The height of the accessory structure at the side lot line does not exceed 12 feet; 2. No eave, projection or overhang extends beyond the property line; and 3. Measures are taken to insure the deflection of runoff away from the property line; CEP336 22 5/1/85 c. Rear yard - 10 feet minimum for main buildings. Garages, carports or other accessory structures may abut the rear lot line provided: 1. The same are detached a minimum of 4 feet from the main building; 2. The height of the building at the rear lot line does not exceed 12 feet; 3. No eave, projection or overhang extends beyond the property line; and 4. Measures are taken to insure the deflection of runoff away from the property line. d. Projections into required setbacks: 1. Covered patios, unenclosed on at least two sides, may abut any side or rear property line, per Section V.j. 2. Eaves, cornices, chimneys, balconies and other similar architectural features shall not project more than 4 feet into any required front, side or rear yard. (4) Maximum building height: shall be 35 feet. (5) Lot Area Coverage: The total area covered by buildings shall be a maximum of one hundred percent of any lot less the required setbacks. Covered areas shall include all areas under roof but not include roof overhangs and covered porches. Trellis coverage is covered under Section V,j. CEP336 23 5/1/85 (6) Off-street parking requirements: a. A minimum of two garage spaces shall be provided for each detached single-family dwelling unit plus one-half guest space per unit within a common parking area, driveway, or abutting public or private street. No more than 50% of guest parking shall be allowed on driveways. On street parking credit will be permitted at the rate of one space for each 22 feet of lineal curb frontage excluding no parking areas adjacent to fire hydrants and corner curb radi, or 18 feet if one end is unobstructed by other parking spaces. b. Parking area dimensions, location and access shall conform to the City design review criteria on file in The Community Development Gepartment. At a minimum, garage and carport spaces shall be 9 feet by 20 feet inside dimension. Open parking spaces shall also be 9 feet by 20 feet, or 9 feet by 17.5 feet, with a 2.5 foot unobstructed overhang. Compact open spaces shall be 8 feet by 16 feet. c. For purpcses of determining this parking requirement, "dens", as determined by city staff, will be considered bedrooms if a closet can reasonably be provided within the den. CEP336 24 5/1/85 SECTION VIII. MEDIUM DENSITY RESIDENTIAL (AREA N0. 2 A. Purpose: The medium density residential district is established to provide for the development of a variety of conventional, cluster and condominium residential uses. B. Uses Permitted: (1) Single family dwellings, attached and detached. (2) Schools, parks, playgrounds, bicycle and pedestrian trails. (3) Accessory buildings, structures and uses customarily incidental to a permitted use, including: a. Garages, carports, and open parking areas. b. Swimming pools, spas and Jacuzzis, tennis courts, basketball or multipurpose courts and recreation buildings. c. Fences and walls. d. Patio covers and trellises. e. Garden structures and greenhouses. f. The keeping of pets of a type readily classified as being customarily incidental to a permitted residential use not involving a commercial activity. The keeping of equine, bovine, sheep, goats, swine, poultry and exotic or wild animals shall be prohibited. CEP336 25 5/1/85 (4) Easements and facilities for utilities including those for storm drain, flood control, pipelines, electrical, cable television, and natural gas. (5) Model homes (pursuant to Section IV: Notes). (6) Temporary real estate offices and construction offices and facilities. (7) Future development signs, subdivision directory signs, tract identi- fication signs, community idEntification signs, and other real estate signs for use in identifying proposed and existing residen- tial uses pursuant to Section V. C. Uses Permitted Subject to a Conditional Use Permit: A. Churches, temples, synagogues and other places of worship with or without private and parochial schools. 8. Private and parochial schools, day care centers. D. Site Devela~ment Standards: (1) Maximum density: 14.0 dwelling units per gross residential acre. CEP336 26 5/1/85 (2) Minimum area per unit: a. Detached single-family: 3,000 square feet minimum building site area. b. Attached single-family: 1,750 square feet minimum building site area per unit. (3) Minimum building setbacks for detached single-family dwellings shall be as follows: a. Front yard 1. Fifteen feet from any public or private street right-of-way line. Attached or detached garage and carports shall be set back a minimum of 9 feet from curb face, provided the garage is equipped with an automatic garage door opener. Garages and carports shall not be set back from the curb face between 9 and 24 feet to ensure that cars parking in the driveway do not overhang the sidewalk. If no sidewalk is required, the 24-foot setback may be reduced by 5 feet. If living areas are provided above garage, garage setbacks shall apply, however, the main structure will maintain the fifteen foot setback. b. Side yard - "0" feet one side, provided that the aggregate of both side yards shall be a minimum of 10 feet. Detached garages, carports or other accessory structures shall be situ- ated a minimum of 4 feet from the main building and may abut the side lot line provided: CEP336 27 5/1/85 1. The height of the accessary strur_ture at the side lot line does not exceed 12 feet; 2. No eave, projection or overhang extends beyond the property line; and 3. Measures are taken to insure the deflection of runoff away from the property line; c. Rear yard - 10 feet minimum for main buildings. Garages, carports or other accessory structures may abut the rear lot line provided: 1. The same are detached a minimum of 4 feet from the main building; 2. The height of the building at the rear lot line does not exceed 12 feet; 3. No eave, projection or overhang extends beyond the property line; and 4. Measures are taken to insure the deflection of runoff away from the property line. d. Projections into required setbacks: 1. Covered patios, unenclosed on at least two sides, may abut any side or rear property line, per Section V,j. 2. Eaves, cornices, chimneys, balconies and other similar architectural features shall not project more than 4 feet into any required front, side or rear yard. (4) Minimum building setbacks for attached single-family dwellings shall be as follows: CEP336 28 5/1/85 a. The minimum building setback from any public street right-of-way line shall be 10 feet, except that the point of vehicular entry to any garage shall be a minimum of 20 feet from any public street right-of-way line unless the garage is equipped with an automatic garage door opener, in which case it shall be a minimum of 5 feet. b. From any private street or drive curb face, 4 feet minimum, provided that enclosed garages situated within 20 feet of any street or drive shall be equipped with automatic garage door openings. c. The minimum side yard setback for each principal structure and/or accessory structure shall be 10 feet. d. The minimum rear yard setback for each dwelling unit and/or accessory structure shall be 10 feet. e. The minimum horizontal distance between principal structures shall be 10 feet. f. Structures which abut a park, greenbelt or other permanent open space may abut the common property line. CEP336 29 5/1/85 g. Projections into required setbacks: 1. Covered patios, unenclosed on at least two sides, may abut any side or rear property line, per Section V.j. 2. Eaves, cornices, chimneys, balconies and other similar architectural features shall not project more than 4 feet into any required front, side or rear yard. (5) Maximum building height: shall be 35 feet. (6) Lot Area Coverage: Trellis coverage is covered in Section V,j. (7) The total area covered by buildings shall be a maximum of 100% of any lot less the requ`~red setbacks, landscaping, parking and circulation. (8} Trash storage and collection areas: Any residential development proposing three or more dwellings on any one building site shall provide adequate and convenient trash storage area(s) meeting City standards and shielded from view by an opaque screen not less than 6 feet in height. (g) Off-street parking requirements: a. A minimum of two covered spaces shall be provided for each detached single-family dwelling unit plus one-half guest space per unit within a common parking area, driveway, or abutting CEP336 30 5/1/85 public or private street. No more than 50% of guest parking shall be allowed on driveways. On street parking credit will be permitted at the rate of one space for each 22 feet of lineal curb frontage excluding no parking areas adjacent to the hydrants and corner curb radi, or 18 feet if cne end is unobstructed by other parking spaces. b. Attached single-family and multiple-family developments shall provide a minimum number of resident parking spaces per unit as follows: Covered Parking Assigned Unit Type S~acingLUnits S~ace[Unit Studio 1.0 1 1 Bedroom 1.5 1 2 Bedrooms 2.0 2 3 Bedrooms 2.0 2 4 Bedrooms 2.5 2 Development proposing 4 or more dwelling units shall also provide guest parking at the ratio of 0.25 open unassigned parking spaces per unit. If a two car enclosed private garage is provided, a guest parking standard of .5 open unassigned spaces per unit will apply. c. Parking area dimensions, location and access shall conform to the city design review criteria on file in the Community Development Department. At a minimum, garage, and carport spaces shall be 9 feet by 20 feet inside dimensions. Open CEP336 31 5/1/85 parking spaces shall be 9 feet by 20 feet in size or 9 feet by 17.5 feet with a 2.5 foot unobstructed overhang. Compact open spaces shall be 8 feet by 16 feet. d. For purposes of determining this parking requirement "dens," as determined by city staff, will be considered bedrooms if a closet can be reasonably provided within the den. e. No onstreet parking will be credited on area boundary streets. (10) Minimum gross floor area per unit excluding the garage area: Bachelor 450 square feet 1 Bedroom 550 square feet 1 Bedroom w/den 700 square feet 2 Bedrooms 750 square feet 2 Bedrooms w/den or more 900 square feet ~EP336 32 5/1/85 SECTION IX. MEDIUM HIGH DENSITY RESIDENTIAL~AREA NO___~ A. Purpose: The medium high density residential district is established to provide for the development of for sale single family attached and rental multi-family residential uses. B. Uses Permitted: (1) Single family attached dwellings. (2) Multiple Family Dwellings (Apartments) (3) Schools, parks, playgrounds, bicycle and pedestrian trails. (4) Accessory buildings, structures and uses customarily incidental to a permitted use, including: a. Garages, carports, and open parking areas. b. Swimming pools, spas, Jacuzzis, tennis courts, basketball or multi-purpose courts and recreation buildings. c. fences and walls. d. Patio covers and trellises. e. Garden structures and greenhouses. f. The keeping of pets of a type readily classified as being cus- tomarily incidental to a permitted residential use not involving a commercial activity. The keeping of equine, bovine, sheep, goats, swine, poultry and wild or exotic animals shall be prohibited. CEP336 33 5/1/85 (5) Easements and facilities for utilities including those for storm drain, flood control, pipelines, electrical, cable television and natural gas. (6) Model homes (pursuant to Section IV: Notes). (7) Temporary real estate offices, and construction offices and facili- ties. (8) Future development signs, subdivision directory signs, tract identi- fication signs, community identification signs and other real estate signs for use in identifying proposed and existing residential uses pursuant to Section V. C. Uses Permitted Sub.iect to a Conditional Use Permit: (1) Churches, temples, synagogues and other places of worship with or without private and parochial schools. (2} Day care centers. D. Site Development Standards: (1) Maximum density: 22.0 dwelling units per gross residential acre. (2) Minimum Building Site per Area Unit: 1,750 square feet. CEP336 34 5/1/85 (3) Maximum lot area coverage: The total area covered by buildings shall be a maximum of one-hundred percent of the site area, less the required setbacks, landscaping, parking and circulation. Covered area shall include all areas under roof but shall not include roof overhangs and covered porches. Trellis coverage is covered in Section V:j. (4) Minimum building setbacks: a. The minimum main building structure setback from any interior public street right-of-way line shall be 10 feet. b. The minimum setback from any private street or drive shall be 10 feet for all structures. c. The minimum horizontal distance between principal structures shall be 10 feet. d. The minimum horizontal distance between accessory structures shall be 5 feet. e. Structures which abut a park, greenbelt or other permanent open space may abut the common property line. (5) Maximum building height: shall be 40 feet. (6) Trash storage and collection areas: Any residential development proposing three or more dwellings on any one building site shall provide adequate and convenient trash storage area(s) shielded from view by an opaque screen not less than 5 feet in height. CEP336 35 5/1/85 (7) Off-street parking requirements: a. Single family attached dwellings shall provide a minimum number Covered Parking Assigned Unit Type Spacin Units S~ac~Unit Studio 1.0 1 of resident parking spaces per unit as shown in the Medium Density Residential District (Area 2}. Multiple-family developments shall provide a minimum number of resident parking spaces per unit as follows: Bedroom 1.5 1 2 Bedrooms 1.8 1 3 Bedrooms 2.0 2 4 Bedrooms 2,5 2 Development proposing 4 or more dwelling units shall also provide guest parking at the ratio of 0.25 open unassigned parking spaces per unit. If a two car enclosed private garage is provided, a guest parking standard of .5 open unassigned spaces per unit will apply. b. Parking area dimensions, location and access shall conform to the city design review criteria on file in the Community Development Department. At a minimum, garage, and carport spaces shall be 9 feet by 20 feet inside dimension. Open spaces shall also be 9 feet by 20 feet, or 9 feet by 17.5 feet with a 2.5 foot unobstructed overhang. Compact open spaces shall be 8 feet by 16 feet. c. For purposes of this parking requirement "dens" as determined by city staff will be considered bedrooms if a closet can reasonably be provided within the den. CEP336 36 5/1/85 (g) Minimum gross floor area per unit excluding the garage area: Bachelor 1 Eedroom 1 Bedroom w/den 2 Bedrooms 2 Bedrooms w/den or more 450 square feet 550 square feet 700 square feet 750 square feet 850 square feet CEP336 37 5/1/85 . SECTION X. PUBLIC OPEN SPACE: AREA NO. 4 A. Pose: The Public & Institutional District is established to provide for development and ensure its long term existence. B. Uses Permitted: All normally acceptable passive and active sport facilities as determined appropriate by the City. C. Development Standards: As determined by the City Council upon the acceptance of park land dedication. CEP336 38 5/1/85 ~. .- SECTION XI. DEVELOPMENT PLAN_DESIGN REVIEW PROCEDURES A. Design Review: Pursuant to the design review requirements of the City Zoning Ordinance, a comprehensive development plan application shall be submitted to the Community Development Department. Said application shall include but is not limited to conceptual site plans, architectural elevations of all building exteriors, conceptual common area landscape plans, and conceptual recreation facility plans. City Planning Commission Development Review approval must be obtained for final conceptual development plans prior to submittal of plans and specifications to the building department. All plans submitted to the building department must be in substantial conformance with the conceptual plans submitted to, and approved by the Commission. While the Planning Commission review is not a discretionary procedure subject to public hearing, the commission may only impose reasonable conditions necessary to ensure compliance with this Planned Community Zoning Document and the City's General Plan. B. Application Reguirements: The applicant shall submit the necessary applications and fees to the Community Development Department pursuant to current application filing requirements. CEP336 39 5/1/85 ~, SECTION XII. ENFORCEMENT This Planned Community Zoning Document has been adopted pursuant to the City of Tustin Municipal Code. Any violation of this zone district constitutes a misderc~eanor violation of the municipal code punishable by imprisonment for up to six months or a fine of $500.00 per day of violation or both as determined by a court of Taw. The City maintains the option of citing for infraction violations pursuant to adopted procedures. CEP336 40 5/1/85 '~ .-. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 938 was duly and regularly introduced and read at a regular meeting of the City Council held on the 1st day of July, 1985, and was given its second reading and duly passed and adopted at a regular meeting held on the 15th day of July, 1985, by the following vote: AYES COUNCILPERSONS: Edgar, Greinke, Hoesterey, Saltarelli NOES COUNCILPERSONS: Kennedy ABSENT: COUNCILPERSONS: None ~, MARY E. WYNN, C y Clerk City of Tustin, alifornia Summaries published: July 11, 1985 July 25, 1985