Loading...
HomeMy WebLinkAboutORD 175 (1962) ORDINANCE NO. 175 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING AND AMENDING ORDINANCE NO. 157, WHICH ESTABLISHES REGULATIONS PERTAINING TO USES OF LAND AND USES, LOCATION, HEIGHT, BULK, SIZE AND TYPES OF BUILDINGS AND OPEN SPACES AROUND BUILD- INGS IN CERTAIN DISTRICTS OF THE CITY, SPECIFIES SAID DISTRICTS, PROVIDES FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH REGULATIONS, AND PRE- SCRIBES PENALTIES FOR VIOLATIONS THEREOF. The City Council of the City of Tustin, California, does ordain that Ordinance No. 157 of the City of Tustin be modified and amended as follows: Section l: Section 3.4 of Ordinance No. 157 shall be amended to read as follows: 3.4 All lands hereafter included within the City of Tustin are, and shall be, designated as the district under which the land was zoned under the County Zoning Ordinance, provided this Ordinance has a zone bearing the same designation. All other lands which are not designated on the aforementioned Zoning Map as being included in any district are, and shall be, designated as "U" or Unclassified District , ' SeCtion 2: Section 4.4 of Ordinance No. 157 shall be amended to read as follows: P_D Any use permitted in any "'R~ District. Any application for a use in this dis- Section trict shall be accompanied by complete development plans and architectural As set 4.4 sketches showing site used for planned development; the character and use of YES forth in adjoining land, the design and char- acter, general size, location and use Section of all buildings and structures to be placed on the site, the location and 5.29 ~ dimensions of streets, parking areas, open areas and other uses. SeCtion.~: Section 4.6 of Ordinance No. 157, under "Minimumsoff-street parking space required" for "Multiple family dwellings, apartment houses,~ shall be amended to read: I garage for each dwelling unit, provided that park- ing space may be allowed upon obtaining a use permit. Section 4: Section 4.7 of Ordinance No. 157 shall be amended to read as follows: C-1 Retail businesses, exemplified by the following list, when conducted within a building: Antiques and Curios, Art Goods, Appliance Stores, Auto Supplies (minor replacement parts and acces- sories only, but not including installations), Bakeries ,~ Bicycle sales ( including repairs), Books and Statibnery, Ceramics (not including molding- casting Qr manufacturing by any process), Clothing, Confectionery, Department Store, Drug Store (in' cluding gundries and notions), Dry Goods, Florist Shops, Hardware (but not including equipment ren- tals), Household goods and furr~ishing, Jewelry Stores, ( including re air' and watchmaking) Leather Goods Liquor Stores ~including on s~les~l Musi- cal S~pplies and Instruments, Ne~s Stands, 8ffice Supplies and Equipment, Pgint and WalIpaper, Religious Supplies, Shoe Stores, Sporting Goods (but not including boat and motor 'sales) Variety Store. Service businesses, exemplified by the following list, including any re~ail sales incidental thereto, when conducted within a building: Banks (including those providing drive-in service), and Finance Companies, Barber Shop, Beauty Parlor, Blue Printing, 'Business Schools, Coin-operated dry- cleaning establishments, provided no pressing is done on'the premises, Coin-operated self-service laundromats, Dry-cleaning and Laundry agencies, (pick-up and delivery only), Hotels and Motels, Interior Decorator, Job Printing Locksmith, Photograph Gallery, Restaurants lnot including drive-ins), Seamstress and/or Millinery Shop. Shoe and/Or Luggage Repair Shop, Tailor Shop, Telephone Answering Service, Travel Agency, Typ- ing and Addressing Service, Bowling Alley Professional Offices For: Architect; Attorney; Chiropractor, Dentist, Doctor, Oculist, Optometrist, and others licensed by the State of California to practice the healing arts, including clinics for out patients only: Engineer, Land Planner, Surveyor. General 10ffices For: Accountants, AdVertising Agency, Contractors and 0 Real Estate Sales ffices), InsUrance, Public Utility Office (but not including corporate yards ) 8721 None of the above listed uses or any other uses determined to be permitted shall maintain any outside storage or work areas. Nor shall there be any storage of any com- mercial vehicle normally associated with any of the per- mitted uses, Provided further that any use permitted herein requiring such vehicle shall provide a perman- ent parking and/or loading space for such vehicle. The following additional uses subject to the approval of a Use Permit: Bakeries, wholesale; Commercial Outdoor Advertising YES Structure; Commercial Parking Lots, Trailer Parks Social Halls, Lodges, Fraternal Organizations, Clubs and Rest Homes YES Single family dwellings YES Mortuaries, theatres and other uses which, in the opinion of the Planning Commission, are of a similar YES nature Non-flashing signs appurtenant to any permitted __ use and attached to the main building NO Service Station, when driveways are approved by City Engineer NO All other signs appurtenant to any, permitted use YES SectiOn 5: Section 4k8 of Ordinance No. 157 shall be amended to read as follows: C-2 All uses allowed in C-1 District, except As pro. residential buildings, schools, churches vided Sect. and outdoor sales establishments in Sec 4.8 4.7 Retail uses exemplified by the following: Retail stores and personal service estab- lishments within a building, including bakeries, food shops, mortuaries, nurseries, offices, radio stores, restaurants, shoe shops, studios, public utility buildings and uses, except Corporation Yards, amuse- ment resorts, and bowling alleys. NO Service Stations, when driveways are NO approved by City Engineer. / Signs attached to the main building and NO appurtenant to any permitted use. .Any use permitted in any "R' District YES Animal hospitals, auto repair shops, drive-in establishments when of a type of use indicated, cleaning and dyeing establishments, second-hand sales, out- door markets, outdoor sales establish- ments, pet shops, motels, hotels, rest YES homes, public garages, used car sales lots, and other uses of a similar nature. Churches, schools, Public. Signs, other than these attached tO the main building and appurtenant to any per- YES mitted use, including outdoor advertis- ing structures. SeQtion 6: Section 5.24 of Ordinance 157 shall be amended to read as follows: 5.24 The Planning Commission may appoint an Architectural Committee of .three members. Section 7: Section 5.25 of Ordinance 157 shall be amended to read as follows: ~ 5.25 The Architectural Committee shall have authority to approve architectural sketches within the meaning of Section 5.23 of this Ordinance. Section 8: Section 5-29 shall be added to Ordinance No. 157, to read as follows: 5.29 P-D Zone Regulations: (1) PUrpose. The P-D, Planned Development District, is hereby authorized to provide for garden apartment development, regulated so as to cover a minimum o~ ground area and provide a maximum of open space. his zone will provide most of the desirable residential characteristics found in single family residence areaS. (2) Uses Permitted (a) Bungalow courts. (b) Apartment houses. (c) One (1) temporary, single-faced, unlighted sign not exceeding one hundred (100) square feet in area pertaining only to the sale or lease of buildings within the development. Said sign shall be permitted to remain for a period not to exceed one (1) year from the date of final inspection, by the City of Tustin, of the first dwelling unit within the development. (d) One permanent unlighted sign not exceeding six (6) square feet in area pertaining only to the sale or lease of the property or buildings upon which displayed. (e) One permanent resident manager's office devoted solely to the rental of the dwelling units on the same parcel, provided said office and surrounding grounds retain a residential character; that signs be limited to those permitted in subsection "C' of this section; that no advertising devices be erected other than those mentioned herein. (f) Accessory bui.ldings. The following uses, sub- ject to the issuance of an approved Conditional Use permit: 1. All uses that are subject to a Conditional Use Permit in the R-1 District. 2. Senior Citizen developments, rest homes and homes for the a ed, provided all provisions set --- forth for this ~istrict are complied with. (3) Submittal of P~eliminary DrawingS: (a) Any application for a use permit in this dis- trict shall comply with Section 7.2 and be submitted to the P.C. and accompanied by complete preliminary architectural development plans. These shall show the character, use and zone of adjoining land, the design and character, landscaping, general size, location and use of all buildings and structures to be placed on the site, location and dimensions of streets, parking areas,.open areas and other areas. (b) Ingress and egress of fire fighting equipment, fire hydrants and other fire protection facilities are subject to approval of the Fire Chief. Submittal of Final Development PlanS. Detail to be ShOwn: (a) Every application for a building permit for the development of property in the P_D District shall be re-submitted for approval to the Planning Commission, and shall be accompanied by detailed architectural drawings., and plot plans, all to a workable scale, showing the elevation and location of the proposed buildings; proposed location and type of landscaping; use and. treatment of grounds around such buildings or structures; off-street parking; physical features such as trees, hydrants, electric and telephone poles,:flood lights, driveways, fences=,~ signs, proposed drainage, sewage disposal facilities and any other pertinent information considered appro- priate'by ~he applicant or Planning Commission to bring the development within the purpose of this Dis- trict. (b) All plans shall show thereon hose cabinets, wet stand pipes with siamese connections and any other facilities considered'to provide adequate fire pro- tection. Said location and type of such facilities shall be approved by the Fire Chief of the City of Tustin prior to the approval of the Development Plans by the Planning Commission, as set forth in Section 5.29 (4'). (c) Water drainage and run-off~shall, also, be approved by the City Engineer of Tustin, prior to approval. of Development plans by the Planning Com- mission. (5) Development Standards: (a) Any developmen~ in this District shall be sur- rounded by a solid redwood or cedar fenoe or masonry wall or combination thereof. However, nothing herein shall require the construction of the aforementioned fence a~ong any pnoperty line abutting a street, alley or at driveway entrances and exits. (b) All required yards shall be landscaped and main- tained in accordance with the approved landscape plan. (c) If any parcel zoned P-D is to be developed in accordance with the provisions set forth for this Dis- trict and said parcel abuts a street not improved to City standard, the owner shall dedicate the necessary street easement to the City and improve said street so as to be in. accordance with the design standards and specifications of the City of TUstin prior to the issuance of a utility release by the Building Depart- ment. (d) All trash collection and garbage collection areas shall be surrounded on at least three sides by a five (5) foot fence or block wall, with adequate access to and from these areas for trash and garbage collection vehicles. (e) Due ~o the complexity of Planned Development, it is illogical ardimpractical to define he~ein an exact- pattern for the arrangement of group dwell'ings for a parcel involving two or more main dwellings; however, it is .the intent of this District to provide a func- tional and non-monotonous orientation of buildings with a maximum of open space aronnd each main buildings consisting of courtst, parkways and patio areas all oriented so as to provide separation of vehicular traffic from play areas and recreational areas for children and adults. (f) All off-street~parking areas not under cover shall be screened from the view of surrounding residents or tenants of the project by a fence or shrubs and bushes whose normal growth is not less than four (4) feet in height. ('g) All points of vehicular access ~ and from off- street parking areas and drivewa s onto public rights- of-way shall be approved by the ~ity Engineer' of the City of Tustin. Wherever a private driveway enters onto said pu'blic right-of-way, a stop sin shall be erected and maintained at such exit poi~i to insure reasonable traffic safety. (h) All surfacing materials of driveways and off- street parking areas shall be approved by the City Engineer. (i) All interior streets and private drives shall be constructed to the standard set forth by the City of Tustin prior to the dedication of any such streets to the City of Tustin. Streets not so constructed need not be accepted by the City of Tustin. (6) Approv~ Of Final DeVelopment Plans bM Planning Com- mission: The Planning Commission shall approve or cause to be approved the aforementioned development plans, as set forth in Section 5-29 (4), if all provisions for this District are complied with and the development is within the spirit and.intent of this District, as determined by the Planning Commission. All develop- ment shall be in accordance with the approved plans prior to a utility release by the Building Department. (7) Height Limit: (a) None except as limited herein below. (b) When a lot in the P_D District abuts at any point along its property lines, or is directly across a street or alley' from, property zoned RA, E-4 or R-l, no main buildings shall be erected on said P-D lot to a height to exceed one (1) story or twenty (20) feet within one hundred and fifty (50) feet of i said zoned property. Further, no main buildings shall be erected on said p_D lot to a height to exceed three (3) stories or fifty (50) fees within three hundred (300) feet of said RA, E-4 or R-1 zoned property. Sid~ Yard: (8) (a) When any interior side property line of a lot in the district abuts property in the RA, E-4 or R-1 District, each dwelling shall have a required side yard along said side property line of not less than fifteen (15) feet with landscaping. (b) When any interior side property line of a lot in the P,D District abuts prq~rty in the P_D District or any other District not set forth in.Section 5.29 (8) (a), there shall be a required side yard alon~ that side property line of not less than five, (~ . feet regardless of the height of the dwelling on the lot. (c) When any interior side property line of a lot in the District abuts a lot or lots having zone classi- fications of RA, E-4 or R-1 and any other District, subsection (~) of this Section shall apply in the determination of the required side yard along that entire interior side property line. (d) On corner ~lots, the side ard on the street side shall be not less than ten (10~ feet. (9) Rear Yard: (a) When anylot zoned P_D has a rear property line abutting property in the RA, E-4 or R-1 District, each dwelling shall have s required rear yard of not less than fifteen (15) feet with landscaping. (b) When any lot zoned P.D has a rear property line abutting a lot in any other District not set forth in subsection (A) of this Section, there shall be a re- quired rear yard of not.less than ten (10) feet. (c) When any lot in the P-D District has a rear pro- perty line common to a property line of. a lot or lots having zone classifications of RA, E-4 or R-1 ~nd any other District, subsection (A) of this Section shall apply in the determinationof the required rear yard along that entire rear property line. (t0) Minimum Gross ~loor AreS: (a) The following uses shall be subject to the follow. ing minimum square feet of gross floor ares per unit !exclusive of garages, carports and unenclosed porches and patios. Bachelor apartment: 450~square feet. One bedroom apartment: 650 square feet. Two bedroom apartment: 800 square feet (b) Further, for each additional bedroom in excess of two bedrooms in an apartment unit, there shall be an additional 100 square feet of gross floor area. (ll) MSnimum LOt Area per Dwelling Unit: (a) For any one (1) storY, two (2) story, or three (3) story single-family dwelling, two-family dwelling or multiple-family dwelling: not less than one thousand five hundred (1,500)~square feet'of lot area per dwell- ing unit constructed therein. (b) For any four (4).or:more story single-family, two-family, or multiple-family dwelling: not less H · than.five undred (500) square feet of lot,area per dwelling unit constructed therein. (c) Where an apartment development 6onsists of more than one main building and said buildings vary in ' height, then paragraphs (a) and (b), above, shall be · applied respectively'for each main building, depend- ing on the height of each main building. (d) For the purpose of this' section only., if the topmost story of any dwelling unit pr6posed to be const~u:cted in the P-D District is used for. the hous- ing of any mechanical equipment, such.as air-condition- ing facilities and elevator mechamisms, but is void of any dwelling unit, then said topmost story shall not be declared a story. (12) Maximum L~ CoVerage: Not more than fifty (50) percent of the total lot area shall be devoted to main and accessory building covered patios. The r a f percent of the total lot area shall be devoted to landscaping; lawn area,noncommercial outdoor recrea6ional facili- ties incidental to the residential development, such as private swimming pools, putting greens and tennis courts; walkways; uncovered patio areas; fences and necessary fire-fighting equipment and installations as reauired in Section 5-~9 (4) (b)' further,'the open space required by this section shall be arranged and provided in such a manner that it is accessible and usable for the purpose intended herein. Said open space shall not be devoted to commercial agricultural pursuits or any other activity in conflict with the stated purpose of this section and District. (13) Qff-Street Parking: Total parking shall be l-l/2 space per unit, with at least I covered space per unit. (14) ~Subdivision of ~rooerty ~eloped Under the ~istrict: Upon completion of a development of property in the P-D District, no portion of the property involved in said development shall be severed or sold, unless said severed parcel and the development thereon com- ply with all provisions set forth for the P-D District. Further, the remaining parcel and development thereon shall also comply with said P_D District provisions. Nothing herein shall prohibit the sale of any one- family dwelling, two-family dwelling, multiple-family or any dwelling unit within a two-family or multiple- family dwelling, provided all common open areas, re- quired yard areas, recreational areas and similar areas constituting the required fifty (50) percent open areas, as set forth in Section 5.29 (12), are retained~l~in trust or otherwise for the benefit of all tenants and owners of any interest of any of the structures on the original area developed as a unit. Further, prior to issuance of building permit or approval~of the plans as set forth in Section (~) deed restrictions pro- hibiting th~ alienation of all land areas not devoted to buildings shall be recorded in the office of the County Recorder of the County of Orange, California. Said restrictions shall include a statement that said deed restrictions shall'be irrevocable for a period of not less than thirty (30) years. A copy of said deed restrictions shall be filed with the Planning Department prior to the issuance of a building permit to the owner of the original project. ~ection 9: Section 11.19 of Ordinance 157 shall be amended to read as follows: 11.19 "Dwelling Groups~ - A group of two or more detached one-family, two-family or multiple dwellings occupying a parcel of land in one ownershio and having any yard or court in common, but not including automobile courts. Section 10: Section 12.12 of Ordinance 157 shall be amended to read as follows: 12.12 Whenever the Superintendent of Building and Safety, or Planning Commission of the City of Tustin is called upon to determine whether or not the use of land or any structure in any district is similar in character to the particular uses allowed in the district, the Commission shall consider the following factors as criteria for their determina- tion. (a) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large. (b) Effect upon traffic conditions. (c) Effect upon the orderly development of the area in question and the City at large, in regard to the general planning of the whole community. Section ll: Section 13.1 of Ordinance No. 157 shall be amended to read as follows: 13.1 It shall be the duty of the Superintendent of Building and Safety of the City of Tustin to en- force the provisions of this Ordinance pertaining to the use of land or buildings in the erection, construction, reconstruction, moving, alteration, or addition to any buildings or structures. Any permit or license of any type issued by any department or officer of the City of Tustin issued in conflict with the provisions of this Ordinance is hereby declared to be null and void. PASSED AND ADOPTED at a regular meeting of the City Council of the City ~/Tustin, California, held on the 2nd day of July, 1962. ATTEST: C T CLER STATE OF CALIFORNIA ) COUNTY OF ORANGE, ) CITY OF TUSTIN, ) sso RUTH C. POE, 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 was duly and regularly introduced and read at the regular meeting of the City Council held on the 18th day of June, 1962, and was given its second reading and duly passed and adopted at a regular meeting held on the 2nd day of July, 1962, by the following vote: AYES: COUNCILMEN: Doney, Sheridan, Humeston, Klingelhofer NOES.~: COUNCILMEN: None ABSENT: COUNCILMEN: Mack ~ ....· C i~ti n ,~CCal i fornia ~ I Y CLERK ~'---,