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HomeMy WebLinkAboutORD 1296 (2005) ORDINANCE NO. 1296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING ZONE CHANGE 04-002 TO PERMIT THE DEVELOPMENT OF DETACHED CARRIAGE WAY SINGLE FAMILY DWELLING UNITS AND ESTABLISH RELATED DEVELOPMENT STANDARDS AND AMEND THE REQUIREMENT FOR A 10-ACRE MINIMUM DEVELOPMENT SITE FOR CONDOMINIUMS AND MULTIPLE FAMILY DWELLINGS IN MCAS TUSTIN SPECIFIC PLAN PLANNING AREA 21. The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council finds and determines as follows: A. That Moffett Meadows Partners, LLC submitted a proper application for Specific Plan Amendment/Zone Change 04-002 to allow development of detached carriage way single family dwelling units within Planning Area 21 for the purpose of providing an alternative to the traditional single family detached product without compromising the density and development standards for single family residences and to allow development of condominium projects on development sites that are less than ten (10) acres. B. That a public hearing was duly called, noticed, and held on said application on January 24, 2005, and continued to February 14, 2005 by the Planning Commission. C. That a public hearing was duly called, noticed, and held on said application on February 7, 2005, and continued to February 22, 2005 by the City Council. D. That Zone Change 04-002 would apply to Planning Area 21 of the MCAS Tustin Specific Plan within the City of Tustin. E. That the MCAS Tustin Specific Plan does not set forth standards for "carriage way units" and the standards for carriage way units are proposed as an alternative to the traditional single family detached product and is accessed from a rear alley instead of a street, which provides for a neo- traditional streetscape of residences with garages to the rear of the residences. These types of single family detached units should be permitted within Planning Area 21 since the development standards would be identical Ordinance No. 1296 Page 1 of7 G. F. to those for single family detached units, with the exception of the minimum rear yard setback, which would be reduced from ten (10) feet to seven (7) feet for living space and three (3) feet for garage space since access to the garage for these units would be located at the rear of the property. That the MCAS Tustin Specific Plan sets forth a minimum development site size of ten (10) acres for condominiums and multiple family dwellings. However, it is appropriate to allow condominiums and multiple family developments to contain numerous lots or sites and be designated as a development unit on a tentative map with a minimum development unit size of eight (8) acres. A development unit, as defined by the MCAS Tustin Specific Plan, consists of all building sites, their private open space, common recreation and open space areas, and public and/or private streets serving the project. A minimum of eight (8) acres in a development unit would ensure that these types of products are located in developments of substantial size and will result in orderly, rather than fragmented, development. The proposed zone change supports and is consistent with the Tustin General Plan. The Land Use Element includes the City's goals and policies for the long-term growth, development, and revitalization of Tustin. Based on the summary of issues, needs, opportunities, and constraints described in the Tustin Land Use Element, ten goals are identified which include the following: 1. 2. 3. Achieve balanced development. Ensure that compatible and complementary development occurs. Revitalize older commercial, industrial, and residential development. Improve city-wide urban design. Promote economic expansion and diversification. Coordinate development with provision of adequate public facilities and services. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master planned development. 4. 5. 6. 7. These goals establish the framework for policies related to allocation of land use in the City and the implementation policies reflect the direction and image the City seeks for the future. The proposed Zone Change supports several General Plan goals and policies, including the following: Ordinance No. 1296 Page 2 of 7 1. The project will implement policies under the goal to achieve balanced development including: 2. a. Policy 1.10 - Ensure that the distribution and intensity of land uses are consistent with the Land Use Plan and classification system. Policy 6.2 - Encourage and promote high quality design and physical appearance in all development projects. Policy 6.4 - Preserve and enhance the City's Special residential character and "small town" quality by encouraging and maintaining Tustin's low density residential neighborhoods through enforcement of existing land use and property development standards and the harmonious blending of buildings and landscape. b. c. The project will implement policies under the goals and policies for future development of MCAS Tustin Specific Plan including: a. Policy 13.2 - Encourage a development pattern that offers a connectedness between buildings and uses, and has a strong sense of place through architectural styles and creative landscape design. Policy 13.5 - Promote high quality architecture, landscaping, signage, open space design, circulation patterns, and landscape patterns distinct from surrounding areas. b. Section 2. The City Council hereby adopts Zone Change (MCAS Tustin Specific Plan Amendment) 04-002 ("Zone Change") to amend Section 3.9.4 of the MCAS Tustin Specific Plan to establish new site development standards for carriage way units and minimum development site for condominium development in Planning Area 21 of MCAS Tustin Specific Plan, as identified in Exhibit A, attached hereto. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of the regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the ~ day of March, 2005. iJ: ¡f~ LOU BONE Mayor Ordinance No. 1296 Page 3 of 7 ATTEST: ~~ City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) )SS ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the City Council of the City of Tustin duly held on February 22, 2005, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and was finally passed and adopted not less than five days thereafter on March 7, 20~5, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA (5) NONE (0) NnNR (n) NONE (0) ~Q~ PAMELA STOKER, City Clerk Ordinance No. 1296 Page 4 of 7 EXHIBIT A TO ORDINANCE 1296 ZONE CHANGE 04-002 The following changes to the MCAS Tustin Specific Plan shown in under1ined text represent the proposed amendments in Zone Change 04-002: 3.1.1 Planning Area 21 - Low Density Residential Permitted and Conditionally Permitted Uses CitY of Tustin The following uses shall be permitted by right where the symbol "P" occurs or by conditional use where the symbol "C" occurs. 1. Residential uses: A. Condominiums and cooperatives Multiple-family dwelling units (apartments) in accordance with tenure provisions in Section 3.9.4.1 Patio homes Single-family attached dwelling units and duplexes Single-family detached dwelling units Simzle familv detached carrial!e wav units Transitional housing (maximum of36 units in Tustin portion of Specific Plan) P C C P P ~ P Sinl!\e Family Detaehed - Carriav:e Way Unit! Definition: A tvpe of sinl/le familv detached product that is located on a minimum thirtY-six (36) foot wide caved private street with a ten (IO) foot parkway on both sides of the caved portions of the street with a I/aral!e that is located to the rear of the residence and takes access from a rear two-wav alley that is a minimum of twentv-four (24) feet wide. E. Maximum dwellinl! units - 7 dwellinl! units per acre Minimum lot area - 3.000 Square feet Minimum lot width - 35 feet Maximum buildinl! heillht - 35 feet Maximum lot coyeral!e - 50 percent of lot area. Covered areas shall include all areas under roof except trellis areas. roof overhaul/so and covered porches outside the exterior wall. Minimum buildinl/ setbacks! 1. 2. 3. 4. 5. 6. Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and pianting areas. BuHding setbacks are measured from future right-of-way. Non-confonning building and landscape setbacks will be pennitted to remain where existing buildings and structures are not in future right-of-way. Ordinance No. 1296 Page 5 of 7 G. Ordinance No. 1296 Page 6 of 7 a) b) c) d) e) f) Harvard Avenue - 42 feet Edinll:er Avenue - 40 feet Moffett Avenue - 10 feet Local public street - 10 feet Private street or private drive - 5 feet (front vard) Interior side vard - 3 feet minimum with al!l!rell:ate reQuirement of 10 feet for both side vards g) Rear vard - 3 feet for !!aral!e and 7 feet for livinl! areas includin!! livin!! areas above I!ara~e Landscape setbacks4 a) Edinl!er Avenue - 30 feet b) Harvard Avenue - 30 feet c) Moffett Avenue - 20 feet Landscapinl! a) Areas not devoted to buildinl!S. parkin!! areas. hardscape. and roads. shall be landscaPed. b) Compliance with the CitY of Tustin Landscape and Irril!ation Guidelines c) Compliance with the Landscape Desi!!n Guidelines in Section 2.17 of this Specific Plan Bicvcle and pedestrian circulation facilities shall provide connections within the Plannin!! Area. to adjacent Plannin!! Areas. and to citYwide bicvcle trails where applicable. Guest parkin!! - one hundred (! 00) percent of !!Uest parkin!! may be provided parallel to the travel wav on a public or private street with a minimum paved width of thirtY-six (36) feet. If there is no opportunitv to provide llUest parkin!! in front of a home. then llUest parkin!! shall be provided within approximatelv 150 feet from the front door of the unit. Other General Development Rel!Ulations (refer to Section 3.11 as applicable) Sil!nal!e (refer to Section 3.12 as applicable) Off-street parkin!! (refer to Section 3.13 as applicable to Sinl!le Familv Detached) Site Deyelopment Standards - (City of Tustin) Condominiums and Multiple Family Dwellings 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum development unit per product tvoe - 8 acres 3. Maximum building height - 40 feet 4. Maximum lot coverage - 65 percent, less the required building and landscape setbacks 5. Common open space. 400 square feet per dwelling unit located within common, designated recreational areas. Private attached ground level patios may be credited if open on three sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and parking lots. Minimum gross floor area per dwelling unit, excluding the garage a) Bachelor - 450 square feet b) I Bedroom - 550 square feet 7. 8. 9. 10. II. 12. 13. 6. c) 1 Bedroom with den - 700 square feet d) 2 Bedrooms - 750 square feet e) 2 Bedrooms or more with den - 850 square feet 7. Minimum building setbacks2 a) Harvard Avenue - 42 feet b) Edinger Avenue - 40 feet c) Moffett Avenue - 10 feet d) Local public street - 10 feet e) Private street or private drive - 5 feet f) Interior side yard - 3 feet g) Rear yard - 10 feet h) Distances between principal structures - 10 feet i) Distances between accessory structures - 5 feet Landscape setbacks3 a) Edinger Avenue - 40 feet b) Harvard Avenue - 30 feet c) Moffett Avenue - 20 feet Landscaping a) Areas not devoted to buildings, parking areas, bardscape, and roads, shall be landscaped. b) Compliance with the City of Tustin Landscape and Irrigation Guidelines c) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 10. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 11. Other General Development Regulations (refer to Section 3.11 as applicable) 12. Signage (refer to Section 3.12 as applicable) 13. Off-street parking (refer to Section 3.13 as applicable) 8. 9. Building setbacks are measured from future right-of-way. Nonconfonning building and landscape setbacks will be pennilled to remain wbere existing buildings and structures are not in future right-of-way. Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Landscape setbacks may be reduced to accommodate existing walls or buildings. Building setbacks are measured from future right-of-way. Ordinance No. 1296 -- PagE!- 7 017