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Home My WebLink AboutORD 1240 (2001)l0 14 17 20 24 ORDINANCE NO. 1240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CODE AMENDMENT 00-001, AN AMENDMENT TO TUSTIN CITY CODE ARTICLE 9 CHAPTER 2 BY ADDING SECTIONS 9221 .a. 1 (j), 9222.a. 1 (j), 9223.a. 1(j), 9224.g.9, 9225.a.l(h), 9225.a.2(j), 9225.b.1(j), 9225.b.2(k), 9226.a.l(k), 9226.a.2(k), 9226.b.2(i), 9226.b.3(k), 9226.b.4(i), 9226.b.5(j), 9226.b.6(i), 9227.b.12, 9228.b.4(k), 9228.b.5(j), 9228.c. 8, 9231.b,9, 9232.b(j)(10), 9232.b(k)(8), 9232.c(2)(g), 9233.b(7), 9233(c)(m)(10), 9234.b(h), 9234.d(h), 9234.e(i), 9235.f(9), 9241.c(j), 9242.c(d), 9271.bb, AND 9299.b. (1)(h) RELATED TO DRIVEWAYS STANDARDS, AND AMENDING SECTION 9297 TO INCLUDE DEFINITIONS FOR A DRIVEWAY AND PAVED AREA. The City Council of the City of Tustin does hereby resolve as follows: Section 1. FINDINGS A, That an amendment to 'l'ustir~ City Code Article 9, Chapter 2 related to driveways has been prepared to provide standards for driveways and paved areas on residential', commercial, and industrial properties. B, That on June 11, 2001, the Planning Commission recommended that the City Council approve Code Amendment 00-001 to provide standards for driveways and paved areas for residential, commercial, and industrial properties and directed staff to focus enforcement in areas of. concern. C= That on June 18, 2001, a public hearing was continued by the City Council on said code amendment to allow for City Attorney to identify issues and impacts related to retroactive, enforcement. D,, Eo That on July 16, 2001, a public hearing was duly noticed, called, and held on said code amendment by the City Council. , That the City's current standards for driveways within residential districts only provide the minimum requirement for driveway width. As such, property, owners, could pave the entire front yards converting the yards into parking lots inconsistent with the goal of the Land Use Element of the General Plan to assure a safe, healthy, and aesthetically pleasing community for residents and businesses (Goal No. 4). F,, That the City's current standards for driveways within the commercial and industrial districts only provide the minimum requirements for driveway width. As such Commercial and industrial properties could have driveways . tO 14 ]? 20 2,4 28 Ordinance No. 1240 Page 2 of 5 wider than driveway approaches standards within the public right-of-way and resulting in safety hazards. Gt The proposed amendment is. regulatory in nature and would provide consistency for determining the minimum and the maximum driveway width in residential, commercial, and industrial zoning districts. The proposed amendment's limitation on the installation and maintenance of impervious materials in required front yards would limit the amount of storm-water run-off attributed to each developed property in the City. The proposed amendment would also create an aesthetically pleasing community for residents and businesses by limiting the amount of hardscaping in the front of properties and requiring all unpaved areas be improved with landscape materials. Ho The proposed amendment is consistent with the General Plan goals and policies, particularly: Goal 4: Policy 6.2: Policy 6.4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses; Encourage and promote high quality design and physical appearance in all development projects; Preserve and enhance the City's special residential character and "small town" quality by encouraging and maintaining Tustin's iow-density residential neighborhoods through enforcement of existing land use and property development standards and the harmonious blending of buildings and landscape; Policy 6.6.d: Improve the overall quality of Tustin's multi-family neighborhoods through improved site, building, and landscape design.; and, Policy 6.12' Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety. j. That the code amendment provides an exemption for those properties that have been improved with paved areas authorized and approved through a building permit or discretionary entitlement by the City. A Final Negative Declaration has been adopted for this prOject in accordance with the provisions of the California Environmental Quality Act (CEQA). Section 2. The City Council hereby approves amendments to the residential, commercial, and industrial zoning districts of Tustin C~ Code as follows: ]0 12 13 14 15 ]? 2O 21 3.2 23 2.4 26 27 3_9 Ordinance No. 1240 Page 3 of 5 Sections 9221.a.1(j), 9222.a.1(j), 9223.a.1(j), 9224.g.9, 9225.a. 1(h),. 9225.a.2(j), 9225.b.1(j), 9225.b.2(k), 9226.a.l(k), 9226.a.2(k), 9226.b.2(i), 9226.b.3(k), 9226. b.4(i), 9226.b.5(j), 9226.b.6(i), 9227.b.12, 9228.b.4(k), 9228.b.S(j), 9228.c. 8, 9231.b.9, 9232.b(j)(10), 9232.b(k)(8), 9232.c(2)(g), 9233.b(7), 9233(c)(m)(10),.9234.b(h), 9234.d(h), 9234..e(i), 9235.f(9), 9241 .c(j), and 9242.c(d) shall be added to read: "Driveways: Subjectto Subsection 9271(bb)" Subsection 9271(bb) is added as follows' ao Driveways for Residential Districts: If the garage or carport is designed for one or two vehicles, the driveway width within the front yard setback, as defined in Section 9297 of Tustin City Code, shall be a minimum of twelve (12) feet and a maximum of twenty-four (24) feet; if the garage or carport is designed for three or more vehicles, the driveway width within the front yard setback shall be a minimum of twelve (12) feet and a maximum of thirty (30) feet. Paved areas for accessory residential uses such as the parking of vehicles or providing pedestrian aex:ess to the residence may be provided within the front yard setback of residential districts if the total paved area does not exceed fiftg (50) percent of the total front yard setback, the parking of vehicles does not obstruct ingress and egress to required parking, and ali of the requirements of this Section can be met. For lots at the end of cul-de-sacs with a lot frontage of less than forty (40) feet, the parking and driveway a?eas within the ~ont yard setback shall not exceed seventy-five (75) percent of the total front yard setback. Total width may be divided for properties with lwo (2) d~veways. Parking and driveway areas within the front yard setback shall be separated with a minimum of a three (3) foot landscape area. be~een the parking or driveway area and the adjacent side or rear property line. b. Cs .Driveways for Commercial and Industrial Districts: One-way driveways within the front yard area, as defined in Section 9297 of the Tustin City Code, would have a minimum width of fourteen (14) feet and a maximum width of twenty (20) feet. Two-way driveways within the front yard would have a minimum width of twenty-four (24) feet and a maximum width of thirty-five (35) feet. paVed areas may be improved with impervious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed. Unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition. l0 13 14 16 20 2! 2.2 2.3 24 Ordinance No. 1240 Page 4 of 5 d,, 'The provisions of this Subsection shall apply to all lots in the City, except that for lots with paved areas in excess of the requirements specified in this Subsection constructed or installed prior to September 6, 2001, such excess paved areas shall, be discontinued, removed, or altered to conform to the provisions of this Subsection within thirty-six (36) months after the latter of the following dateS: (1) the effective date of this Subsection (September 6, 2001); or (2) the date of notice of abatement issued by the Director of Community Development or the Director's designee. Section 9297 is amended to include definitions for the following: "Driveway" means a paved area of a lot located between the public right- of-way and the. garage, carpor[, or required parking space designed and intended as an access way between a private or public road and the garage, carport, or required parking space. "Paved Area" means an area of any required yard which is constructed with impervious materials which either results in an increase in the amount of storm water run-off into public storm drainage facilities or hinders natural percolation of storm water on the subject property. Subsection 9299.b.(1)(h) is added to read: "An increase of not more than ten (10) percent in the maximum permitted driveways within the front yard setback for residential districts or the front yard for commercial and industrial districts.' Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these 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. ', ~1 ~ /~AMELA STOKER IICity Clerk I:~,SSED AND ADOPTED by the City Cound~! of the City of Tustin, at a regular meeting oh the 6th day of August, 2001. . 1 2 3 4 5 6 7 8 9 10 I1 12 Ordinance No. t240 Page 5 of 5 STATE OF CALIFORNIA ) COUNTY. OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1240 I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certi~ that the whole number of the members Of the City Council of the City of Tustin is five; that the above foregoing Ordinance No. 1240 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 16~' day of July, 2001, and was given its second reading, passed and adopted at a regular meeting of.the City Council held on the 6th day of August, 2001 by the following vote' COUNC COUNC COUNC LPERSONS AYES' LPERSONS NOES' LPERSONS ABSTAINED: ~3 COlJ C L'PERSONSABSENT: Stoker, City Clerk Thomas, Bone, Doyle None None Worley, Kawashima 17 18 19 2O 21 22 23 24 25 26 27 28 29