HomeMy WebLinkAboutORD 1297 (2005)
ORDINANCE NO. 1297
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ADOPTING ZONE CHANGE 04-003 TO
PERMIT THE DEVELOPMENT OF DETACHED CARRIAGE
WAY SINGLE FAMILY DWELLING UNITS IN PLANNING
AREAS 4 AND 5 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
PLANNING AREA 4
The City Council of the City of Tustin does hereby resolve as follows:
Section 1.
FINDINGS
The City Council finds and determines as follows:
A.
B.
C.
D.
E.
That Moffett Meadows Partners, LLC submitted a proper application for
Specific Plan Amendment/Zone Change 04-003 to allow development of
detached carriage way single family dwelling units within Planning Areas 4
and 5 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.
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.
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.
That Zone Change 04-003 would apply to Planning Areas 4 and 5 of the
MCAS Tustin Specific Plan within the City of Tustin.
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 are
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
Ordinance No. 1297
Page 1 of 24
F.
G.
Ordinance No. 1297
Page 2 of 24
within Planning Areas 4 and 5 since the development standards would be
identical 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:
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) 04-003 ("Zone Change") to amend Sections 3.4.2 and 3.4.3 of the
MCAS Tustin Specific Plan to establish new development standards for carriage way
units in Planning Areas 4 and 5 and minimum development site for condominium units
in Planning Area 4 of MCAS Tustin Specific Plan.
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 7th day of March ,2005.
ßb~
LOU BONE
Mayor
Ordinance No. 1297
Page 3 of 24
ATTEST:
~av~
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, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA (5)
NONE (0)
NONE
NONE
(0)
(0)
~~~
City Clerk
Ordinance No. 1297
Page 4 of 24
EXHIBIT A
Ordinance No. 1297
Page 5 of 24
EXHIBIT A TO ORDINANCE NO. 1297
ZONE CHANGE 04-003
The following changes to the MCAS Tustin Specific Plan shown in underlined text
represent the proposed amendment in Zone Change 04-003:
3.1.1
A.
Planning Area 4 - Low Density Residential
Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right where the symbol "P" occurs or by
conditional use permit where the symbol "C" occurs.
Community care facilities for six or fewer persons
Condominiums and cooperatives
Family care home, foster home or group home, for six or
fewer persons
Large family day care for seven to twelve children on
single family detached lots in accordance with the Tustin
City Code
Multiple-family dwelling units (apartments) in
accordance with tenure provisions in Section 3.4.2.G
Residential care facility for elderly, for six or fewer
persons
Single-family attached dwelling units and duplexes
Single-family detached dwelling units
Single familv detached carriage wav units
Small family day care for less than seven children on
single family detached lots
Accessory Uses and Structures
Accessory uses and structures are permitted when customarily associated with and
subordinate to a permitted use on the same site and would include:
B.
Carports
Garages
Home occupations subject to provisions of the City Code
Patio covers/trellises
Swimming pools, spas, jacuzzis
Tennis courts, basketball courts and other multi-purpose
courts, recreation and community buildings
c.
P
P
P
P
C
P
p
p
f
p
Unlisted Uses
Those uses not specifically listed are subject to a determination by the
Community Development Director as either permitted, permitted subject to a
conditional use permit or prohibited consistent with the purpose of the land
Ordinance No. 1297
Page 60f 24
designation of this planning area and the Specific Plan. Decisions of the Director
are appealable to the Planning Commission.
Site Development Standards - Single Family Detached
D.
1.
2.
3.
4.
5.
6.
a)
b)
c)
d)
e)
7.
a)
8.
a)
b)
c)
9.
Maximum dwelling units - 7 dwelling units per acre
Minimum lot area - 3,000 square feet
Minimum lot width - 3S feet
Maximum building height - 35 feet
Maximum lot coverage - 50 percent of lot area. Covered areas shall
include all areas under roof except trellis areas, roof overhangs, and
covered porches outside the exterior wall.
Minimum building setbacks!
Edinger Avenue - 40 feet
Local public street - 10 feet
Private street or private drive - 5 feet
Interior side yard - 3 feet minimum with aggregate requirement of 10 feet
for both side yards
Rear yard - 10 feet
Landscape setbacks4
Edinger Avenue - 30 feet
Landscaping
Areas not devoted to buildings, parking areas, hardscape, and roads, shall
be landscaped.
Compliance with the City of Tustin Landscape and Irrigation Guidelines
Compliance with the Landscape Design Guidelines in Section 2. I 7 of this
Specific Plan
Bicycle and pedestrian circulation facilities shall provide connections
within the Planning Area, to adjacent Planning Areas, and to citywide
bicycle trails where applicable.
Fences and Walls
Compliance with General Regulations Section 3.11.
A masonry block wall shall be maintained and/or constructed along the
western perimeter of the Planning Area in accordance with the General
Development Regulations.
Other General Development Regulations (refer to Section 3.1 I as
applicable)
Signage (refer to Section 3.12 as applicable)
Off-street parking (refer to Section 3. I 3 as applicable)
10.
a)
b)
11.
12.
13.
Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and
planting areas. Building setbacks are measured from future right-of-way. Non-confonninglandscape and
building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-
of-way.
Ordinance No. 1297
Page 7 of 24
E.
Ordinance No. 1297
Page 8 of 24
Site Development Standards - Carriage Way Units
Definition: A tvoe of simzle familv detached Droduct that is located on a
minimum thirtv-six (36) foot wide caved street with a ten (10) foot oarkwav on
both sides of the Daved portions Df the street with a garage that is located to the
rear of the residence and takes access from a rear two-way alJey that is a
minimum oftwentv-four (24) feet wide.
I.
2.
3.
4.
5.
Maximum dwelling units - 7 dwelling units ocr acre
Minimum lot area - 3.000 sauare feet
Minimum lot width - 35 feet
Maximum building heilÙ1t - 35 feet
Maximum lot coverage - 50 percent of lot area. Covered areas shall
include all areas under roof except trellis areas roof overhangs and
covered Dorches outside the exterior wall.
Minimum buildin¡z setbacks2
a) Edinger Avenue - 40 feet
b) Local public street. 10 feet
c) Private street or private drive - 5 feet (front vard)
d) Interior side vard - 3 feet minimum with aggre~ate reQuirement of
10 feet for both side vards
Rear vard - 3 feet for gara¡ze and 7 feet for livina areas including
living areas above garage
Building to building setback- 30 feet minimum. applicable to units
fronting a oaseo/ooen space
LandscaDe setbacks4
a) Edin¡zer Avenue - 30 feet
Landscaoing
a) Areas not devoted to buildinl!s Darking areas. hardscaoe. and
roads. shall be landscaoed.
Compliance with the City of Tustin Landscaoe and Irrigation
Guidelines
Compliance with the Landscaoe Desi~n Guidelines in Section 2. I 7
of this Soecific Plan
Bicvcle and pedestrian circulation facilities shall provide connections
within the Planning Area. to adjacent Planninil Areas. and to citvwide
bicvcIe trails where applicable.
Fences and Walls
a) Compliance with General Rel!ulations Section 3.1 I.
b) A masonry block wall shall be maintained and/or constructed
along the western Derimeter of the Planning Area in accordance
with the General DeveloDment Regulations.
6.
e)
h)
7.
8.
b)
c)
9.
10.
Landscape setbacks are measured trom the back of the curb and are a combination of parkway,
sidewalk. and planting areas. Building setbacks are measured tTom future right.of-way. Non-
confonning landscape and building setbacks witt be pennltted to remain to accommodate
existing walls or buildings not in future right-of..way.
14.
15.
11.
12.
13.
Homes that side-on to a local road shall incomorate architectural
enhancements on the side and front view of the unit as seen from the local
road.
End units - a minimum back un snace of three (3) feet in addition to the
width of the drive accroach.
Other General Develonment Reeulations (refer to Section 3.1 I as
aoolicable)
Si¡znage (refer to Section 3.12 as aonlicable)
Off-street narkin¡z (refer to Section 3.13 as anplicable to Single Familv
Detached)
F.
Site Development Standards - Single Family Attached
I. Maximum dwelling units - 7 dwelling units per acre
2. Minimum lot area per family unit - 3,000 square feet
3. Minimum lot width - no minimum
4. Maximum building height - 35 feet
5. Maximum lot coverage - 100 percent less required setbacks
and open space areas
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.
Private outdoor open space - minimum private outdoor open
space shall be increased to 400 square feet for existing units.
Minimum gross floor area per dwelling unit, excluding the
garage:
a) Bachelor - 450 square feet
b) 1 Bedroom. 550 square feet
c) I Bedroom with den - 700 square feet
d) 2 Bedrooms - 750 square feet
e) 2 Bedrooms or more with den - 900 square feet
Minimum building setbacks)
a) Edinger Avenue - 40 feet
b) Local public street - 10 feet
c) Private street or private drive - 5 feet
d) Interior side yard - 3 feet minimum with aggregate
requirement of 10 feet for both side yards
e) Rear yard - 10 feet
10. Landscape setbacks 4
6.
7.
8.
9.
Building setbacks arc measured from future right-of-way. Non-conforming landscape and
building setbacks will be permitted to remain to accommodate existing walls or buildings not
in future right-or-way.
Landscape setbacks arc measured from the back of the curb and are a combination of parkway,
sidewalk, and planting areas. Non-conforming landscape and building setbacks will be
pennittcd to remain to accommodate existing walls or buildings not in future right-of-way.
Ordinance No. 1297
.Page 9 of 24
Ordinance No. 1297
Page 10 of 24
G.
a) Edinger Avenue - 30 feet
11. Landscaping
a) Areas not devoted to buildings, parking areas, hardscape,
and roads, shall be landscaped.
b) Compliance with the City of Tustin Landscape and
Irrigation Guidelines
Compliance with the Landscape Design Guidelines in
Section 2.17 of this Specific Plan
12. Bicycle and pedestrian circulation facilities shall provide
connections within the Plarming Area, to adjacent Planning
Areas, and to citywide bicycle trails where applicable.
13. Fences and Walls
a) Compliance with General Regulations Section 3.1 I.
b) A masonry block wall shall be maintained and/or
constructed along the western perimeter of the Planning
Area in accordance with the General Development
Regulations.
14. Other General Development Regulations (refer to Section 3.1 I
as applicable)
15. Signage (refer to Section 3.12 as applicable)
16. Off-street parking (refer to Section 3. I 3 as applicable)
Site Development Standards - Condominiums and Multiple
Family Dwellings
I. Maximum dwelling units - 7 dwelling units per acre
2. Minimum develoDment site - 8 acres (minimum legal lot size)
3. Maximum building height - 40 feet
4. Maximum lot coverage - 65 percent, less the required building
and landscape setbacks
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.
Private outdoor open space - minimum private outdoor open
space shall be increased to 400 square feet for existing units.
Minimum gross floor area per dwelling unit, excluding the
garage
a) Bachelor - 450 square feet
b) I Bedroom - 550 square feet
c) 1 Bedroom with den - 700 square feet
d) 2 Bedrooms - 750 square feet
e) 2 Bedrooms or more with den - 850 square feet
c)
5.
6.
7.
H.
Minimum building setbackss
a) Edinger Avenue - 40 feet
b) Local public street - 10 feet
c) Private street or private drive - 5 feet
d) Interior side yard - 3 feet minimum with aggregate
requirement of 10 feet for both side yards
e) Rear yard - 10 feet
Landscape setbacks 7
a) Edinger Avenue - 30 feet
10. Landscaping
a) Areas not devoted to buildings, parking areas, hardscape,
and roads, shall be landscaped.
b) Compliance with the City of Tustin Landscape and
Irrigation Guidelines
Compliance with the Landscape Design Guidelines in
Section 2. I 7 of this Specific Plan
1 I. Bicycle and pedestrian circulation facilities shall provide
connections within the Planning Area, to adjacent Planning
Areas, and to citywide bicycle trails where applicable.
12. Fences and Walls
a) Compliance with General Regulations Section 3. I I.
b) A masonry block wall shall be maintained and/or
constructed along the western perimeter of the Planning
Area in accordance with the General Development
Regulations.
13. Other General Development Regulations (refer to Section 3. I I
as applicable)
14. Signage (refer to Section 3.12 as applicable)
15. Off. street parking (refer to Section 3.13 as applicable)
Special Development or Reuse Requirements
I. Concept plan approval shall be required for Planning Area 4
prior to reuse or development (refer to Section 4.2.1 of this
Specific Plan).
Development unit . Planning Area 4 shall be developed or
redeveloped as a single development unit.
Affordability - The following minimum affordable housing
production objectives are intended to reflect the intention of the
City to create a redevelopment project area (Community
Redevelopment Law, section 33000) and as needed to meet
Regional Housing Allocation needs as identified in the
Housing Element of the General Plan through the provision of
c)
8.
9.
2.
3.
Landscape setbacks are measured fi'om the back of the curb and are a combination of parkway,
sidewalk, and planting areas. Building setbacks are measured from future right-of-way. Non-
conforming landscape and building setbacks will be permitted to remain to accommodate
existing walls or buildings not in future right-of-way.
Ordinance No. 1297
~age 11 of 24
Ordinance No. 1297
Page 12 of 24
housing for households at very low, low, and moderate
incomes levels. Specific housing requirements for
redevelopment and Housing Element compliance will be
established at the time of development project approval to
ensure uniformity with the Housing Element of the General
Plan and other applicable provisions of California Law and to
achieve the following:
a)
At least 15% of units for initial occupancy by very low
income to moderate income households for
redevelopment, with 6% (or 40%) of units affordable to
very low income households.
At least 38 additional units for occupancy by low income
households.
At least 15 additional units for occupancy by moderate
income households.
Restricted affordable housing units shall be reasonably
dispersed throughout the project and shall be compatible
with the design and use of market rate units in
appearance, use of materials, and finished quality.
Restricted units shall be affordable for at least the
minimum period of time required by state law, or longer
if required by a construction or mortgage financing
assistance program.
Prior to issuance of a certificate of use and occupancy, a
developer shall enter into a legally binding. agreement
with the City of Tustin or its Redevelopment Agency,
and agree to deed restrictions on targeted affordable
housing units that are binding on property upon sale or
transfer. Said agreements shall address the following:
I) Number of units by type,location, bedroom count
2) Standards for qualifying income and maximum
rents or sales prices
3) Parties responsible for sales prices and incomes
The City of Tustin reserves the right to negotiate transfer
of a developer's obligation pursuant to this section off-
site as a credit for affordable units which cannot be
reasonably feasible to provide on-site which shall be at
the City's sole and absolute discretion. To ensure
comparable equivalent value of an off-site option or
exchange for not providing on-site affordable units, a
fmancial affordability gap analysis will be conducted by
the City, at developer's cost, to compare the value ofthe
off-site option and the affordability gap cost of providing
on-site affordable housing.
b)
c)
d)
e)
f)
I.
Tenure - Reuse/development in Planning Area 4 shall be
preferably ownership tenure, Development of apartments is a
discretionary action requiring approval of a conditional use
permit. Consideration of a conditional use permit should
include the City's preference for ownership tenure, and in any
event, no more than 25 percent of the total number of units
permitted within the City of Tustin portion of the Specific Plan
may be approved for apartments.
Existing structures to be reused shall be brought into
conformance with applicable provisions of the Uniform
Building Code as amended by the City, State of California
Title 24 Access Compliance (handicapped provisions), and
requirements of the Americans with Disabilities Act (ADA).
6. Utility metering modifications and/or provision of independent
utility services shall be committed to by agreement between the
City of Tustin and those agencies receiving property in the
PA 4 prior to use and occupancy of existing buildings and/or
new development. Said agreement shall identify required
capitaIlinfrastructure improvements and environmental impact
report mitigations.
Development or Reuse Guidelines
I. Existing housing units shall be aesthetically upgraded through
architectural and landscape improvements to appear consistent
in quality with private market housing in the surrounding
neighborhoods of Tustin and Irvine. Such improvements shall
be completed prior to issuance of use and occupancy permits.
The improvements may include, but are not limited to, the
following:
a) Upgraded facade treatments, including use of plaster or
stucco, wood siding, brick, stone, and other approved
materials
b) Upgraded window types and treatments (i.e. trim)
c) Upgraded roofing materials and extension of roof
overhangs
Updated color scheme for buildings and walls
Enhancement of private patios and balconies
Upgraded appearance of unit entrances, including
doorways, walkways, decorative paving
g) Improved landscape design of front yards and common
areas
Consistent landscape treatment along local roads
Extensive planting of trees and shrubs throughout the site
Decorative treatment of all exposed site walls
Upgraded driveways
4.
5.
d)
e)
f)
h)
i)
j)
k)
Ordinance No. 1297
Page 13 of 24
Ordinance No. 1297
Page 14 of 24
I)
2.
Decorative paving and other hardscape amenities for
pedestrian paths in common areas
m) Improvements to common recreational areas including
provision of shelters, lighting, and refurbishing of
facilities
n) Creation of project entryways through signage and
landscape design
0) Upgraded and consistent signage, including project
identification, addressing, and directional signs
p) Enhanced lighting scheme for units, common areas,
paths, and parking areas
q) Application of defensible space techniques in
landscaping and lighting
The existing boundary wall along Edinger Avenue shall be
aesthetically improved with stucco or other facade treatment,
color, and a decorative wall cap, as shown in the example
below.
3.
In the event that infill development shall occur, the following
guidelines shall apply:
a) Consistency with scale massing, and setbacks of existing
structures.
b) Compliance with re-use guidelines that pertain to the
surrounding structures.
c) Compliance with appropriate landscape and parking
standards.
Demolition of structures may be as required by Tustin to be
undertaken under the following conditions: I) where
information determines the need for demolition to eliminate
public health and safety risks, 2) to improve the appearance of
the Planning Area, 3) to accommodate the completion of major
roadway improvements, and 4) to properly implement the land
use intent of this Planning Area.
4.
A summary of the key design guidelines for the Low Density
Residential Planning Area is provided in Figure 3-4.
Ordinance No. 1297
Page 150f24-n -
3.1.1 Planning Area 5 - Medium Density Residential
A. Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right where the symbol "P" occurs or by
conditional use permit where the symbol "C" occurs.
Churches and other religious institutions
Community care facilities for six or fewer persons
Condominiums and cooperatives
Convalescent hospital
Family care home, foster home or group home, for six or
fewer persons
Large family day care for seven to twelve children on
single family detached lots in accordance with the Tustin
City Code
Multiple-family dwelling units (apartments) in
accordance with tenure provisions in Section 3.4.3.H
Patio homes
Private school
Public or private preschools
Fire Station
Public/private utility building facility
Residential care facility for elderly, for six or fewer
persons
Single-family attached dwelling units and duplexes
Single-family detached dwelling units
CarrialZe Wav units
Small family day care for less than seven children on
single family detached lots
B.
c
p
p
C
P
P
C
P
C
C
P
C
P
P
P
f.
P
Accessory Uses and Structures
Accessory uses and structures are permitted when customarily associated with and
subordinate to a permitted use on the same site and would include:
Carports
Garages
Home occupations subject to provisions of the City Code
Patio covers/trellises
Swimming pools, spas, jacuzzis
Tennis courts, basketball courts and other multi-purpose
courts, recreation and community buildings
C.
Unlisted Uses
Those uses not specifically listed are subject to a determination by the Community
Development Director as either permitted, permitted subject to a conditional use
Ordinance No. 1297
Page 16 of 24
pennit or prohibited consistent with the purpose of the land designation of this
planning area and the Specific Plan. Decisions of the Director are appealable to the
Planning Commission.
D.
Site Development Standards - Single Family Detached
1. Maximum dwelling units - 15 dwelling units per acre
2. Minintum lot area - 3,000 square feet
3. Minintum lot width - 35 feet
4. Maximum building height - 35 feet
5. Maximum lot coverage - 50 percent oflot area. Covered areas shall include all
areas under roof except trellis areas, roof overhangs,' and covered porches
outside the exterior wall.
Minimum building setbacks 1
a) North Loop Road - 25 feet
b) West Connector - 20 feet
c) Local public street - 10 feet
d) Private street or private drive - 5 feet
e) Interior side yard - 3 feet minimum with aggregate requirement of 10
feet for both side yards
f) Rear yard - 10 feet
Landscape setbacks8
a) North Loop Road - 30 feet
b) West Connector - 20 feet
Landscaping
a) Compliance with the City of Tustin Landscape and Irrigation Guidelines
b) Compliance with the Landscape Design Guidelines in Section 2.17 of
this Specific Plan
Bicycle and pedestrian circulation facilities shall provide connections within
the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails
where applicable.
10. A comer triangular-shaped setback of 60 feet, measured ftom the intersection
of the curb lines at North Loop Road and Armstrong Avenue shall be
provided for a secondary community intersection treatment (see Section 2.17
for landscape guidelines).
11. A portal intersection treatment shall be provided at Edinger Avenue and West
Connector (see Section 2. I 7 for landscape guidelines).
12. Other General Development Regulations (refer to Section 3.11 as applicable)
13. Signage (refer to Section 3.12 as applicable)
14. Off-street parking (refer to Section 3.13 as applicable)
Site Development Standards - Carriage Way Units
Definition: A type of single family detached product that is located on a minimum
thirtv-six (36) foot wide paved street with a ten (10) foot parkwav on both sides of
the paved portions of the street with a garage that is located to the rear of the
6.
7.
8.
9.
E.
Landscape setbacks are measured trom the back of Ibe curb and are a combination of parkway, sidewalk, and
planting areas. Non-confonning landscape and building setbacks will be pennitte<! to remain to accommodate
existing walls or buildings not in future right-of-way. Building setbacks are measure<! from future right-of-way.
Ordinance No- 1297
Page 17 of 24
-.--.-----.-.
residence and takes access from a rear two-wav allev that is a minimum of twentv-
four (24) feet wide.
I.
2.
3.
4.
5.
Maximum dwelling units - 7 dwellinl! units per acre
Minimum lot area - 3.000 square feet
Minimum lot width - 35 feet
Maximum building heil!ht - 35 feet
Maximum lot coverage - 50 percent of lot area. Covered areas shall include all
areas under roof except trellis areas. roof overhanl!s. and covered porches
outside the exterior wall.
Minimum building setbacks2
a) Edinger Avenue - 40 feet
b) Local public street - 10 feet
c) Private street or private drive - 5 feet (front vard)
d) Interior side yard - 3 feet minimum with al!l!fel!ate requirement of 10
feet for both side vards
Rear vard - 3 feet for garage and 7 feet for living areas including living
areas above garage
h) Building to building setback- 30 feet minimum. applicable to units
fronting a pasc%pen space
Landscape setbacks4
a) Edinger Avenue - 30 feet
Landscapinl!
b) Areas not devoted to buildings parkinl! areas hardscape and roads
shall be landscaped.
Compliance with the CitY of Tustin Landscape and Irrigation Guidelines
Compliance with the Landscape Design Guidelines in Section 2.17 of
this Specific Plan
Bicvcle and pedestrian circulation facilities shall provide connections within
the Planninl! Area. to adjacent Planning Areas and to citvwide bicvcle trails
where applicable.
Fences and Walls
a) Compliance with General Regulations Section 3.1 I.
b) A masonrv block wall shall be maintained and/or constructed alon¡¡ the
western perimeter of the Planning Area in accordance with the General
Development Regulations.
Homes that side-on to a local road shall incoroorate architectural
enhancements on the side and front view of the unit. as seen from the local
road.
End units - a minimum back UP space of three (3) feet in addition to the width
of the drive approach. .
Other General Development Regulations (refer to Section 3. I I as applicable)
Signage (refer to Section 3.12 as apolicable)
6.
e)
7.
c)
d)
8.
9.
II.
12.
13.
14.
Landscape setbacks are measured from the hack of the curh and are a comhination of parkway. sidewalk, and
planting areas. Building setbacks are measured from future right-of-way. Non-conforming landscape and building
setbacks will he permined to remain to accommodate existing walls or buildings not in future right-of-way.
Ordinance No. 1297
Page 18 of 24
F.
15. Off-street oarking (refer to Section 3.13 as applicable to Single Farnilv
Detached)
Site Development Standards - Single Family Attached
1. Maximum dwelling units - 15 dwelling units per acre
2. Minimum lot area per family wút - 3,000 square feet
3. Minimum lot width - no minimum
4. Maximum building height - 35 feet
5. Maximum lot coverage - 100 percent less required setbacks and open space
areas
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) 1 Bedroom - 550 square feet
c) I Bedroom with den- 700 square feet
d) 2 Bedrooms. 750 square feet
e) 2 Bedrooms or more with den - 900 square feet
Minimum building setbacks)
a) North Loop Road - 25 feet
b) West Connector - 20 feet
c) Local public street - IO feet
d) Private street or private drive - 5 feet
e) Interior side yard. 3 feet minimum with aggregate requirement of 10
feet for both side yards
f) Rear yard - 10 feet
Landscape setbacks4
a) North Loop Road - 30 feet
b) West Connector - 20 feet
10. Landscaping
a) Compliance with the City of Tustin Landscape and Irrigation Guidelines
b) Compliance with the Landscape Design Guidelines in Section 2.1 7 of
this Specific Plan
1 I. Bicycle and pedestrian circulation facilities shall provide connections within
the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails
where applicable.
12. A comer triangular-shaped setback of 60 feet, measured from the intersection
of the curb lines at North Loop Road and Armstrong Avenue shall be
6.
7.
8.
9.
Building setbacks are measured from future right-of-way. Non-confonning landscape and building setbacks will
be pennitted to remain to accommodate existing walls or buildings not in future right-of.way.
Landscape setbacks ore measured from tbe back of the curb and ore a combination of parkway, sidewalk, and
planting areas. Non-confonning landscape and building setbacks will be permitted to remain to aècommodate
existing walls or buildings not in future right-of-way.
Ordinance No. 1297
Page 190f24
G.
provided for a secondary community intersection treatment (see Section 2.17
for landscape guidelines).
13. A portal intersection treatment shall be provided at Edinger Avenue and West
Connector (see Section 2.17 for landscape guidelines).
14. Other General Development Regulations (refer to Section 3.11 as applicable)
15. Signage (refer to Section 3.12 as applicable)
16. Off-street parIång (refer to Section 3.13 as applicable)
Site Development Standards - Condominiums and Multiple Family Dwellings
I. Maximum dwelling units - 15 dwelling units per acre
2. Minimum lot area - none, refer to Section 3.4.3.G.
3. Maximum building height - 40 feet
4. Maximum lot coverage - 65 percent, less the required building and landscape
setbacks
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
parIång lots.
Minimum gross floor area per dwelling unit, excluding the garage
a) Bachelor - 450 square feet
b) 1 Bedroom - 550 square feet
c) 1 Bedroom with den - 700 square feet
d) 2 Bedrooms - 750 square feet
e) 2 Bedrooms or more with den - 850 square feet
Minimum building setbacks 5
a) North Loop Road - 25 feet
b) West Connector - 20 feet
c) Local public street - 10 feet
d) Private street or private drive - 5 feet
e) Interior side yard - 3 feet minimum with aggregate requirement of 10
feet for both side yards
1) Rear yard - 10 feet
Landscape setbacks II
a) North Loop Road - 30 feet
b) West Connector - 20 feet
Landscaping
a) Compliance with the City of Tustin Landscape and Irrigation Guidelines
b) 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.
5.
6.
7.
8.
9.
Landscape setbacks are measured from tbe back of the curb and are a combination of parkway, sidewalk, and
planting areas. Building setbacks are measured from future right-<>f-way. Non-confonning landscape and building
setbacks will be pennirted to remain to accommodate existing walls or buildings not in future right-of-way.
Ordinance No. 1297
Page 20 of 24
1 I. A comer triangular-shaped setback of 60 feet, measured from the intersection
of the curb' lines at North Loop Road and Armstrong Avenue shall be
provided for a secondary community intersection treatment (see Section 2.17
for landscape guidelines).
12. A portal intersection treatment shall be provided at Edinger Avenue and West
Connector (see Section 2.17 for landscape guidelines).
13. Other General Development Regulations (refer to Section 3.11 as applicable)
14. Signage(referto Section 3.12 as applicable)
15. Off-street parking (refer to Section 3.13 as applicable)
H. Site Development Standards - Patio Homes
1. Maximum dwelling units - 15 dwelling units per acre
2. Minimum lot area - none, refer to Subsection 3.4.3.H. below
3. Building site requirements - patio home subdivisions shall be designated as a
development unit on a tentative map.
Maximum building height - 35 feet
Maximum lot coverage - 100 percent, less required building and landscape
setbacks
Common open space - 400 square feet per dwelling unit located within
common, designated recreational areas. A minimum of 150 square feet may
be for private use ¡flocated on ground level and 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 - 900
square feet
Maximum number off our bedroom units - 30 percent
Minimum building setbacks6
a) North Loop Road - 25 feet
b) West Connector - 20 feet
c) Local public or private street - The minimum building setback shaH be
10 feet from a public or private street. An attached or detached garage
may be setback a minimum of 5 feet from a public or private street. If
living areas are provided above garages, garage setbacks shall apply
provided that no more than 75 percent of the units along the street
frontage have living space over a garage with less than a IO foot
setback. All units located along both sides of a street segment shall be
included 'when calculating the above 75 percent determination,
regardless of whether they front, side, or rear load on that section of a
street. A garage shall not be setback between 9 feet and 19 feet from the
right-of-way line. Garages setback 9 feet or less shall be equipped with
an automatic garage opener.
d) Private drives and courts - The minimum building setback shaH be 7
feet in a private court or on a private drive not located within a court.
An attached or detached garage may be setback a minimum of 3 feet
4.
5.
6.
7.
8.
9.
Building setbacks are measured from future right-of-way. Non-confonning landscape and building setbacks will
be pennitted to remain to accommodate existing walls or buildinas not in future right-of-way.
Ordinance No. 1297
Page 21 of 24
10.
provided that no more than 50 percent of the length of the building
frontage over the total length of the drive or court is setback less than 7
feet. In calculating the total length of the drive or court and the length of
building frontage, the length of building and street frontage on both
sides of the drive or court shall be used. If living areas are provided
above garages, garage setback shall apply. The minimum 3 foot garage
setback shall be increased where necessary to accommodate required
sidewalks. A garage shall not be setback between 9 feet and 19 feet
from the right-of.way line. Garages setback 9 feet or less shall be
equipped with an automatic garage opener. A minimum distance of 40
feet shall be maintained between ground floor living areas on units
across from each other in a court, on a drive, or on a shared driveway.
e) Minimum distance between buildings - The minimum horizontal
distance between adjacent buildings shall be 10 feet. The minimum
distance between buildings may be reduced to 6 feet for no more than a
maximum length of 25 feet of a building elevation, provided that there
are no windows on one elevation for that portion of the building
elevation with less than a IO foot setback. If living areas are provided
above garages, garage setbacks shall apply.
Tract boundary. The minimum building setback from any tract
boundary shall be 10 feet. If the tract boundary is adjacent to a park or
other permanent open space, the minimum building setback shall be 5
feet.
Landscape setbacks'
a) North Loop - 30 feet
b) West Connector - 20 feet
Landscaping
a) Compliance with the City of Tustin Landscape and Irrigation Guidelines
b) Compliance with the Landscape Design Guidelines in Section 2. I 7 of
this Specific Plan
Bicycle and pedestrian circulation facilities shall provide connections within
the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails
where applicable.
A corner triangular-shaped setback of 60 feet, measured from the intersection
of the curb lines at North Loop Road and Armstrong Avenue shall be
provided for a secondary community intersection treatment (see Section 2.1 7
for landscape guidelines).
A portal intersection treatment shall be provided at Edinger Avenue and West
Connector (see Section 2.1 7 for landscape guidelines).
Other General Development Regulations (refer to Section 3.1 I as applicable)
Signage (refer to Section 3.12 as applicable)
Off-street parking (refer to Section 3.13 as applicable)
f)
11.
12.
13.
14.
15.
16.
17.
Landscape setbacks are measured from the back of the eurb and are a combination of parkway, sidewalk, and
planting areas. Non-conforming landscape and building setbacks will be permitted to remain to accommodat.
existing walls or buildings not in future right.of.way.
Ordinance No. 1297
Page 22 of 24
I.
Special Development Requirements
I.
Concept plan approval shall be required for Planning Area 5 prior to
development (refer to Section 4.2.1 of this Specific Plan).
Affordability - The following minimum affordable housing production
objectives are intended to reflect the intention of the City to create a
redevelopment project area (Community Redevelopment Law, section 33000)
and as needed to meet Regional Housing Allocation needs as identified in the
Housing Element of the General Plan through the provisions of housing for
households at very low, low and moderate income levels. Specific housing
requirements for redevelopment and Housing Element compliance will be
established at the time of development project approval to ensure uniformity
with the Housing Element of the General Plan and other applicable provisions
of California Law and to achieve the following:
a) At least 15% of units for initial occupancy by very low income to
moderate income households for redevelopment, with 6% (or 40%) of
units affordable to very low income households.
b) At least 38 additional units for occupancy by low income households.
c) At least 16 additional units for occupancy by moderate income
households.
d) Restricted affordable housing units shall be reasonably dispersed
throughout the project and shall be compatible with the design and use
of market rate Wlits in appearance, use of materials, and finished
quality. Restricted units shall be affordable for at least the minimum
period of time required by state law, or longer if required by a
construction or mortgage financing assistance program.
e) Prior to issuance of a certificate of use and occupancy, a developer shall
enter into a legally binding agreement with the City of Tustin or its
Redevelopment Agency, and agree to deed restrictions on targeted
affordable housing units that are binding on property upon sale or
transfer. Said agreements shall address the following:
I) Number of units by type, location, bedroom count
2) Standards for qualifying income and maximum rents or sales
prices
3) Parties responsible for sales prices and incomes
The City of Tustin reserves the right to negotiate transfer of a
developer's obligation pursuant to this section off-site as a credit for
affordable units which cannot be reasonably feasible to provide on-site
which shall be at the City's sole and absolute discretion. To ensure
comparable equivalent value of an off-site option or exchange for not
providing on-site affordable units, a financial affordability gap analysis
will be conducted by the City, at developer's cost, to compare the value
of the off-site option and the affordability gap cost of providing on-site
affordable housing.
Tenure - Development in Planning Area 5 of apartments is a discretionary
action requiring approval of a conditional use permit. In considering a
conditional use pennit, no more than 25 percent of the total number of units
2.
f)
3.
Ordinance No. 1297
..._.page?3 of24.._._-
J.
permitted within the Tustin portion of the Specific Plan area may be approved
for apartments.
Condominiums and multiple family development may contain numerous lots,
but shall be designated as a development unit on a tentative map. The
minimum size for a development unit shall be 10 acres.
Development Guidelines
1. Buildings should be staggered along North Loop Road to provide variety
along the streetscape.
The use of sound walls should be minimized through building site location.
Demolition of structures may be required by Tustin to be undertaken under the
following conditions: I) where information determines the need for
demolition to eliminate public health and safety risks, 2) to improve the
appearance of the Planning Area, 3) to accommodate the completion of major
roadway improvements, and 4) to properly implement the land use intent of
this Planning Area.
A summary of the key design guidelines for the Medium Density Residential
Planning Area is provided in Figure 3-4.
4.
2.
3.
Ordinance No. 1297
Page 24 of 24