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Home My WebLink AboutORD 1225 (2000) ] 2 ORDINANCE NO. 1225 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 99-001 AMENDING TUSTIN .4 CITY CODE SECTIONS 9228a3, 9226b3, AND 9297, AND ADDING SECTION 9228b5 RELATED TO BOARDING HOUSES. 5 The City Council of the City of Tustin does hereby ordain as follows: ? Section I 8 The City Council finds and determines as follows: 9 ~0 A. That the amendment to Tustin City Code Sections 9228a3, 922663 and 9297 and the addition of the Tustin City Code Section 922865 ~ have been prepared to establish a boarding house as a conditionally permitted use and delete a group dwelling as a permitted use in the ~2 Suburban Residential (R-4) District consistent with the Multiple ~3 Family Residential (R-3) District, to establish development standards for boarding houses, and to clarify related definitions. ]4 ~'5 B. That a public hearing was dully noticed, called and held on this Ordinance by the Planning Commission on November 22, 1999 and 16 by the City Council on January 3, 2000. ~? C. The proposed amendment would not have an adverse affect on the ~8 -public health, safety and welfare of residents or businesses of the City. 19 D. A Negative Declaration has been adopted for this project in :0 accordance with the provisions of the California Environmental 2~ Quality Act (CEQA). 2~- E. The proposed amendments are regulatory and administrative in 23 nature and would provide for consistency between the R-3 and R-4 Zoning Districts. 24 F: The requirement for a conditional use pei-mit imposed by this 25 Ordinance is necessary to protect the health, safety and welfare of 26 the City of Tustin in that the City will be able to examine land use compatibility and potential impacts of boarding houses in the R-4 .... 27 Zoning District though the conditional use permit process, as is 28 required in the R-3 Zoning District. 29 G. The development standards imposed by this Ordinance are necessary to protect the health, safety and welfare of the City of Tustin as follows: Ordinance No. 1225 Page 2 2 Maximum Hei_ahts: The height limitation will reduce the potential for 3 shade and shadow impacts on adjacent properties, promote .orderly and compatible development and improve access to emergency 4 personnel. 5 Minimum Building Site: The requirement for a minimum building site 6 will promote orderly and safe development by providing for adequate ? access, open space, and off-street parking accommodations. Minimum Lot Width: The requirement for a minimum lot width will ensure orderly and compatible development that is appropriately scaled in relation to the dimensions of the lot. 10 Maximum Lot Covera~e: The limitation on maximum lot coverage ~ will foster compatibility with adjacent residential uses and provide for ~2 open areas that may be used for recreational purposes. Minimum Setbacks: The minimum required setbacks will promote orderly development, adequate access to emergency personnel, improved noise mitigation between adjacent properties, and adequate natural light and ventilation. Minimum Off-street Parkinq: The requirement for off-street parking spaces will promote safety by minimizing on-street parking and parking in non-designated areas thereby improving emergency access and providing for the safe parking of automobiles. ~9 Minimum Common and Private Open Space: The requirement for 20 common and private open space will provide usable and functional areas for active and passive recreational activities that will minimize 2~ the use of public streets and other vehicular areas for recreational purposes. 22 23 H. The proposed amendments are consistent with the Tustin General Plan in that they comply with the following General Plan Policies: 24 Land Use Element Policy 1.12: Where feasible, increase the amount 25 and network of public and private open space and recreational 26 facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. 27 ' 2s Land Use Element Policy 4.6: Maintain and enhance the quality of healthy residential n. eighborhoods, and safeguard neighborhoods 2~ from intrusion by non-conforming and disruptive uses. Ordinance No. 1225 Page 3 2 Circulation Element Policy 7.?: Provide sufficient off-street parking 3 for all land uses. 4 Conservation/Open Space/Recreation Element Policy 14.8: 5 Encourage and, where appropriate, require the inclusion of recreation facilities and open space within future residential, 6 industrial, and commercial developments. ? Section II. Section 922'8a3 of the Tustin City Code is hereby amended to read as 8 follows: 9 "3. One-family dwellings, two (2) or more detached one-family dwellings, two- ~0 family dwellings, multiple-family dwellings and apartment houses, all of a permanent character, placed in permanent locations." ]2 Section Ill. Section 922663 of the Tustin City Code is hereby amended to read as ~3 follows: ~4 "3. Hotels, motels and boarding houses, subject to use permit (a) Maximum height: 2 stories or 35 feet ~6 (b) Minimum building site: 7,500 square feet ~? (c) Minimum lot width at property line: 70 feet (d) Maximum lot coverage: 75 percent 18 (e) Minimum front yard setback: 20 feet (f) Minimum side ~/ard setback: Corner lot line: 10 feet; Interior lot line: ~9 5 feet 20 (g) Minimum rear yard setback: 25 feet (h) Minimum off-street parking: One (1). parking space for each four (4) 2~ rooms in a hotel; One (1) parking space for each two occupants in a 22 boarding house; One (1) parking space for each motel unit; 23 Off-street parking shall be improved consistent with the City's "Parking and Landscaping Development Standards," and each off- 24 street parking space shall be independently accessible and usable :5 for automobile parking purposes. 26 'Parking requirements for senior citizen housing projects to include 27 accommodations for tenants, guests, and service employees shall be determined as a condition of the use permit approving the project. 28 (i) Minimum common open space for boarding houses: 300 square 29 feet per boarding or rooming' house and 50 square feet per occupant. Common open space shall consist of unenclosed or partially enclosed areas set aside for passive and active recreational Ordinance No. 1225 Page 4 2 .uses. Common open space shall not include driveways, parking 3 areas, or required front and side yard setback areas. 4 (j) Minimum private open space for boarding houses: 25 square feet 5 per occupant. Private open space shall consist of partially enclosed areas set aside for passive and active recreational uses that are 6 assigned to individual occupants and/or rooms, .such as private ?. patios or balconies. s Section IV. Section 9297 of the Tustin City Code is hereby amended as follows: 9 The following definitions shall be amended as follows: ]0 "Boarding House" means a dwelling other than a hotel or motel, where ~ lodging and/or meals for three (3) or'more persons is provided for compensation. ~2 "Dwelling" means a building or portion thereof designed for residential ~3 occupancy. ~4 "Family" means an individual or two (2) or more. persons living together as a ~5 single housekeeping unit in a dwelling unit. 16 Section V. Section 922865 shall be added to the Tustin City Code to read as ]? follows: IS 5. Boarding Houses 19 20 (a) Maximum height: 2 stories or 35 feet 2~ (b) Minimum building site: 7,500 square feet 22 (C) Maximum lot coverage: 75 percent 23 (d) Minimum front yard setback: 20 feet 24 25 (e) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet 26 27 (f) Minimum rear yard setback: 25 feet 2s (g) Minimum off-street parking: One (1) parking space for each two occupants. Off-street parking shall be improved 29 consistent with the City's "Parking and Landscaping Development Standards," and each off-street parking space shall be independently accessible. Ordinance No. 1225 Page 5 (h) Minimum common open space: 300 square feet per boarding house and 50 square feet per occupant. Common open space shall consist of unenclosed or partially enclosed areas set aside for passive and active recreational uses. Common open space shall not include driveways, parking areas, or required front and side yard setback areas. (i) Minimum private open space: 25 square feet per occupant. Private open space shall consist of partially enclosed areas set aside for passive and active recreational uses that are assigned to individual occupants and/or rooms, such as private patios or balconies. .Section VI.. 23 !f any section, subsection, sentence, clause, phrase or portion of this ~4 ordinance is for any reason held out be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of ~5 the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, ~6 subsection, sentence, clause, phrase or portion thereof irrespective of the fact that ~? any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ].8 ~9 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 17th day of January, 2000. 20 2] :3 TMala~yoCry(~LLS WORLEc( 24 2,5 ~ ~ 26 27 .PAMELA STOKER :s City Clerk 29 STATE OF CALIFORNIA ). COUNTY OF ORANGE ) SS CITY OF TUSTIN ) Ordinance No. 1225 Page 6 2 CERTIFICATION FOR ORDINANCE NO. 1225 3 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of 4 Tustin, California, does hereby certify that the whole number of the members of the s City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1225 was duly and regularly introduced at a regular meeting of the Tustin City 6 Council, held on the 3rd day of Janua.ry, 2000 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 17th day 7 of January, 2000 by the following vote: 8 9 COUNCILMEMBERAYES: T~ORLEY, THOFLAS, DOYLE, POTTS, SALI"AKELLT COUNCILMEMBER NOES: ~O~TE ~0 COUNCILMEMBERABSTAINED: ~OR'E COUNCILMEMBERABSENT: NOtrE ll ~3 PAMELA STOKER ~4 City Clerk 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29