HomeMy WebLinkAbout02 CODE AMENDMENT: OFF-STREET PARKING REGS 10-07-08AGENDA REPORT
MEETING DATE: OCTOBER 7, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 08-001: OFF-STREET PARKING REGULATIONS
SUMMARY:
On April 15, 2008, City Council directed staff to prepare ordinances intended to improve
the quality of life within Tustin and increase the efficiency of the City's circulation
system. Community Development staff were tasked to prepare a comprehensive
parking ordinance establishing design standards and clarifying on-site parking
restrictions, and providing flexibility for Old Town parking. Draft Ordinance No. 1354
has been prepared for City Council consideration and approval. The Planning
Commission considered the matter on May 27, 2008 and recommended City Council
approval.
RECOMMENDATION:
Adopt Resolution No. 08-41 finding the Negative Declaration adequate for
proposed Code Amendment 08-001.
2. Have first reading of Ordinance No. 1354 approving Code Amendment 08-001,
and set for second reading at the City Council meeting of October 21, 2008.
FISCAL IMPACT:
Code Amendment 08-001 is aCity-initiated project. There are no fiscal impacts
anticipated as a result of adopting this ordinance.
BACKGROUND:
In October 16, 2007, and March 18, 2008, the Tustin City Council held public workshops
intended to identify on-street and off-street parking issues. On April 15, 2008, City
Council directed staff to prepare ordinances intended to improve the quality of life within
Tustin and increase the efficiency of the City's circulation system. Community
Development staff were tasked to prepare a comprehensive parking ordinance
establishing design standards and clarifying on-site parking restrictions, and providing
City Council Report
Off-Street Parking Ordinance
October 7, 2008
Page 2
flexibility for Old Town parking. The Planning Commission considered the matter and
recommended City Council approval of the draft ordinance on May 27, 2008. The City
Council held an additional workshop on the matter on September 15, 2008.
The City's off-street private parking regulations are currently located throughout the
Tustin City Code and the City's Parking Guidelines. Draft Ordinance No. 1354
consolidates the City's parking regulations into a single chapter, providing elaboration
on vague standards, introduces updated standards and requirements, with an intent to
prohibit any inappropriate use of required parking spaces and garages, and addresses
anticipated spillover impacts from on-street parking restrictions. The goal of the
proposed code amendment is to adequately address and minimize potential impacts to
off-street parking and to include provisions that clearly state use and design
requirements to ensure that parking areas and spaces function as intended.
To address City Council concerns, Draft Ordinance No. 1354 has been prepared to
include the following:
• Consolidate and comprehensively identify the City's requirements for off-street
parking, including: the number of parking spaces required, parking lot design
standards, increased code clarity to ensure parking accessibility and prevent
blight (Part 6).
• Prohibit unauthorized overnight parking (9262B.1.b.).
• Allow flexibility when considering building additions to residences listed, or that
may be eligible to be listed, as a Historical Resource, where the current
requirement for new parking might otherwise harm or require the alteration of the
historic resource (Sections 92646., 9299b(1)(i), and 9299c(3)(a)(2)).
• Require nonresidential parking spaces to be available for use by tenants,
customers, and employees (Section 92628.3.).
• Clarify and strengthen off-street parking regulations pertaining to recreational
vehicles, vehicle storage, prohibit the use of fabric carport canopies, and restrict
the parking of commercial vehicles within residential areas (Section 9266C).
• Require a residential garage to be available for vehicle parking (Section
92626.2.).
• Prohibit parking in areas not approved for parking (Sections 926X.1. and
9262A.4. ).
• Clarify parking design standards including parking space dimensions, driveway
design, and limit the amount of front yard paving (Section 9266D.).
• Allow flexibility when considering proposed upgrades to existing parking areas for
compliance with handicap accessibility requirements (9264C.).
The proposed draft ordinance clarifies and strengthens existing Tustin City Code
standards. The existing standard prohibits mobilehomes or motor vehicles to be parked
City Council Report
Off-Street Parking Ordinance
October 7, 2008
Page 3
or stored within the front and side yard setbacks for more than twenty-four (24) hours
(Section 9271 k). For example, the proposed code amendment includes a definition for
`Recreational Vehicle' that clarifies the types of vehicles that are restricted and where
such vehicles may be stored, and that they must be screened from view.
PLANNING COMMISSION REVIEW
On May 27, 2008, the Tustin Planning Commission held a public hearing on the
proposed off-street parking ordinance (Code Amendment 08-001). At the meeting, one
resident and members of the Planning Commission raised concerns regarding certain
restrictions included in the proposed ordinance. At the conclusion of the hearing, the
Planning Commission unanimously voted to adopt Resolution No. 4091 recommending
that the City Council approve the proposed ordinance. A matrix identifying the
recommendations suggested by the Planning Commission and staff responses along
with the Minutes from the May 27, 2008 meeting are provided as Attachment A.
GENERAL PLAN CONFORMITY
The proposed amendment is consistent with the Tustin General Plan in that it complies
with the following goals and policies:
Goal 4: Assure a safe, healthy, and aesthetically pleasing community for
residents and businesses.
Policy 4.3: Where mixed uses are permitted, ensure compatible integration of
adjacent uses to minimize conflicts.
Policy 4.6: Maintain and enhance the quality of healthy residential
neighborhoods and safeguard neighborhoods from intrusion by non-conforming
and disruptive uses.
Policy 5.6: Promote vigorous enforcement of City codes, including building,
zoning, and health and safety, to promote building and property maintenance.
Prioritize the Southwest area of the City for code enforcement.
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.
ENVIRONMENTAL ANALYSIS
The proposed amendment is considered a "project" subject to the California
Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21000
City Council Report
Off-Street Parking Ordinance
October 7, 2008
Page 4
et al. The City prepared an Initial Study and drafted a Negative Declaration that was
available for public review from May 19, 2008 to June 9, 2008 and no comments were
received. The City Council should Adopt Resolution No. 08-41 finding the Negative
Declaration adequate for proposed Code Amendment 08-001.
CITY ATTORNEY REVIEW
The City Attorney has reviewed the content and form of Code Amendment 08-001
(Ordinance 1354).
Elizabeth A. Binsack Edmelynne V. Hutter
Director of Community Development Associate Planner
Dana L. Ogdon
Assistant Director
Attachments: A. Summary of Planning Commission recommendations and Minutes
from the May 27, 2008 Planning Commission meeting.
B. Resolution No. 08-41
C. Draft Ordinance No. 1354
S:\Cdd\CCREPORT\CA 08-001 Off-Street Parking_CC.doc
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MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MAY 27, 2008
7:03 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Nielsen, Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present Christine Shingleton, Assistant City Manager
Dana Ogdon, Assistant Community Development Director
David Kendig, Deputy City Attorney
Tim Serlet, Director of Public Works
Jerry Craig, Redevelopment Program Manager
Terry Lutz, Principal Engineer
Justina Willkom, Senior Planner
Scott Reekstin, Senior Planner
Edmelynne Huffer, Associate Planner
Ryan Swiontek, Associate Planner
Reina Kapadia, Assistant Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
Approved CONSENT CALENDAR
1. APPROVAL OF MINUTES -MAY 13, 2008, PLANNING
COMMISSION MEETING.
It was moved by Puckett, seconded by Murray, to approve the
Consent Calendar. Motion carried 5-0.
PUBLIC HEARINGS
Adopted Resolution 2. GENERAL PLAN AMENDMENT 08-001 (HOUSING
Nos. 4094 and 4095, ELEMENT UPDATE) AND MINOR TEXT AMENDMENT
as amended TO THE TUSTIN GENERAL PLAN.
RECOMMENDATION:
a. That the Planning Commission adopt Resolution No.
4094 recommending that the City Council adopt a
Minutes -Planning Commission May 27, 2008 -Page 1
Mitigated Negative Declaration for General Plan
Amendment 08-001.
b. That the Planning Commission adopt Resolution No.
4095 recommending that the City Council approve
General Plan Amendment 08-001, updating the
Housing Element and minor text amendment to the
General Plan.
7:05 p.m.
Willkom
The Public Hearing opened.
Presented the staff report.
Nielsen Thanked staff and the consultants for putting together a very
comprehensive amount of information; and, asked if there were
any questions.
Thompson Echoed the Chair's comments regarding the information; and,
asked for the following:
• a definition of income and how the various levels
translate into today's income levels
• -the City's approaches in implementing affordable
.housing at the Legacy
• clarification of the information on page 30 of the Housing
Element regarding the average construction price of
$88/square foot which appears to be low
• how rental assistance program functions within the City
with the Orange County Housing authority Section 8
program.
Shingleton Responded as follows:
• Income is determined by the Department of Housing and
Community Development at the state level; income limits
are issued in February of each year which corresponds
to the median income in the county; the figures in the
Housing Element reflect the 2006-07 income levels;
there will be changes as the City moves forward with
individual projects; further details were provided in a
handout which is included herein by reference.
• The Legacy strategy involves a layer of programmatic
requirements that were different from what had been
Minutes -Planning Commission May 27, 2008 -Page 2
seen Citywide; a homeless assistance plan was
( prepared that responded to the needs for homeless
accommodation in the vicinity of the Base; opportunities
were identified in response to submittals by the homeless
providers; there are a number of homeless providers that
were recommended to the Navy to meet the affordability
obligations; transactions were negotiated with each of
the developers to accommodate that need.
The Housing Element identifies a broad average of
construction costs but does not reflect indirect costs or
land costs; the Affordability Gap and Comprehensive
Affordability Strategy (parts of the Element) identifies the
actual gap in construction types for each housing
development prototype.
The rental assistance programs are the existing rental
assistance program provided through Section 8
certificates that are made available to the City through
the Orange County Housing Authority; as those units
become available, they are allocated; this program is
currently closed; there is also a new construction and
multi-family acquisition and rehabilitation program with
which the Redevelopment Agency is directly involved
that includes county and state bond financing; currently
there are four projects in Tustin.
Nielsen Stated that two of the public response letters referred to the
inclusionary zoning ordinances; and, asked for an explanation.
Shingleton Answered that the City only has mandated inclusionary
obligations that are included in the Zoning Ordinance as it
affects the MCAS-Tustin Specific Plan area; elsewhere in the
City, there are no inclusionary zoning requirements; in the
Redevelopment Project area, 15 percent of new residential
products must be affordable; rather than mandating affordable
housing through an inclusionary zoning stipulation, the City
negotiates developer assistance; there are also density bonus
provisions which requires a certain number of units to be
affordable.
Nielsen Asked if members of the public wished to speak.
Linda Tang, Stated The Kennedy Commission is a coalition of community
representing The members advocating for the development of housing for
Kennedy Commission residents who earn less than $20,000 per year; and, read from
and submitted a letter which is incorporated herein by reference.
Minutes -Planning Commission May 27, 2008 -Page 3
Nielsen Asked if staff wished to respond at this time.
Shingleton Responded that the supporting addendum chart is being
modified to reflect the actual densities tied to each of the vacant
sites and underutilized sites, identifying what the total unit
capacity would be; the HCD does not mandate rezoning of the
property but requires cities to determine vacant and
underutilized properties that would accommodate the RHNA
numbers and the need for affordable housing; the land inventory
indicates the City is in excess of the capacity. necessary to meet
the RHNA housing numbers within the time frames provided by
the statute; the Police Department information addresses the
homeless needs of the community in response to Senate Bill 2;
in addition, the Homeless Accommodation Plan prepared in
conjunction with the reuse of the MCAS Tustin provides a
comprehensive homeless accommodation analysis.
Willkom Stated that the City has addressed the extremely low income
households in the Housing Element (Technical Memorandum);
perhaps a better description can be provided in describing how
the City would address the needs of extremely low income
households.
7:40 p.m. The Public Hearing closed.
Thompson Reiterated that staff and the consultants have done a good job
compiling the information; and, suggested that Resolution No.
4095 be amended to remove the word "cleanup" and replace it
with "update" in Item I.B.
Kozak Complimented staff and the consultants for developing an
excellent Housing Element; the workshop was helpful for putting
everything in context; this seems to be a balanced plan; looking
at the 1998-2008 construction goals versus what was
constructed, the City has more than met its goal.
Murray Agreed with the comments of Commissioners Thompson and
Kozak.
Puckett Stated that this is his 13`h year of public service, and he cannot
remember a more comprehensive document.
Nielsen Added his thanks to staff; and, stated his agreement with the
comments of the other Commissioners.
It was moved by Murray, seconded by Thompson, to adopt
Resolution Nos. 4094 and 4095, with the small correction.
Motion carried 5-0.
Minutes -Planning Commission May 27, 2008 -Page 4
Adopted Resolution 3. TENTATIVE PARCEL MAP 2007-234, A REQUEST TO
No. 4093 SUBDIVIDE A CONDOMINIUM SUITE WITHIN AN
EXISTING OFFICE CONDOMINIUM BUILDING. THE
PROPOSED SUBDIVISION WOULD RESULT IN AN
ADDITIONAL CONDOMINIUM OFFICE UNIT FOR A
TOTAL OF TWELVE (12) UNITS WITHIN THE
EXISTING 33,669 SQUARE FOOT, TWO-STORY
BUILDING. THIS PROPERTY IS LOCATED AT 2552
WALNUT AVENUE IN THE PLANNED COMMUNITY
COMMERCIAL (PC-COMM) IRVINE INDUSTRIAL
COMPLEX PLANNED COMMUNITY ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
4093 recommending that the City Council approve
Tentative Parcel Map (TPM) 2007-234.
7:50 p.m. The Public Hearing opened.
Swiontek Presented the staff report.
Murray Asked for clarification regarding the modification of the CC8~Rs
referred to in Resolution No. 4093, Condition 4.1.
Swiontek Replied that the applicant would need to update the CC&Rs to
include the newly divided unit.
Thompson Asked if the applicant had satisfied all the prior conditions of
approval.
Swiontek Answered in the affirmative.
Nielsen Invited the applicant to the lectern.
Gabe Foster, Stated that the reason for splitting the last unit is market
project/manager constraints; there seems to be more of a demand for smaller
and broker units versus larger.
Puckett Indicated he believes this is one of the most beautiful buildings
in Tustin; and, asked how much space the South Coast
Dermatology Group occupies.
Mr. Foster Responded the group occupies 2,600 square feet.
Puckett Asked if the group has the largest space.
Minutes -Planning Commission May 27, 2008 -Page 5
Mr. Foster Answered that there is a 5,000 square foot unit upstairs, an
attorney with sign rights; Farmers Insurance also has sign rights
but has not acted upon that right.
Nielsen Indicated that he agreed with Chair Pro Tem Puckett's
assessment of the building; and, asked if the applicant foresees
any further subdivisions in the existing plan.
Mr. Foster Answered in the negative.
7:58 p.m. The Public Hearing closed.
It was moved by Puckett, seconded by Nielsen, to adopt
Resolution No. 4093. Motion carried 5-0.
Adopted Resolution 4. CONDITIONAL USE PERMIT 08-005, A REQUEST TO
No. 4092, as amended OPERATE A SPIRITUAL CENTER WITH A
.BOOKSTORE AND SERVICES INCLUDING
CHILDCARE, CLASSES, AND SANCTUARY WITHIN
AN EXISTING 4,685 SQUARE FOOT TENANT SPACE.
THIS PROJECT IS LOCATED AT 14051 NEWPORT
AVENUE, SUITE H, IN THE PLANNED COMMUNITY
COMMERCIAL (PC-C) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
4092, approving Conditional Use Permit 08-005.
8:00 p.m. The Public Hearing opened.
Swiontek Presented the staff report.
Thompson Asked if this conditional use permit is transferrable to another
tenant should the space become available and whether the use
at Larwin Square would move with the applicant or that landlord
could allow a new tenant with similar use.
Swiontek Replied that conditional use permits are not transferrable from
one location to another; a new tenant could come in within a
year and operate within those conditions of approval, subject to
review and approval by the Community Development
Department; Condition 1.8 indicates that the use may be
reviewed annually or more often if deemed necessary by the
Community Development Department to ensure compatibility
with the area; there is a use restriction regarding noise or
parking problems that may be observed by the City; any new
tenant would have to comply with all the conditions of approval.
Minutes -Planning Commission May 27, 2008 -Page 6
Kozak Noted that the project site is within the ULI study area; and,
asked when the Field Paoli study will be completed.
Swiontek Suggested that question would be better answered by the
Redevelopment Agency staff.
Craig Stated the market analysis was just submitted; next will be a
series of public meetings in July; it is anticipated the study will
be concluded in late October or November.
Nielsen Questioned whether any licensing would be required for the
child care.
Ogdon Indicated that the proposal for child care would be for those
attending the services and not to be used as an independent
day care service.
Nielsen Stated his understanding that the City considers this a church
use with a sanctuary.
Swiontek Answered in the affirmative.
Nielsen Indicated that this is the third time since he has been on the
Commission that hours of use have been imposed upon a
sanctuary; it is constitutionally guaranteed that hours of
operation not be imposed on a church or religious organization.
Asked if there are any reference materials that staff used for
previous cases.
Kendig Replied that he was not aware of any reference materials on
this topic.
Nielsen Restated there have been two other cases in the past five years
with a similar issue.
Invited the applicant to the lectern.
Reverends Stated they are the co-founders of Common Ground.
Glenda Knox and
Judy DePrete
Nielsen Asked if there is any sort of licensing required through the state
regarding the child care use.
Ms. DePrete Responded that the County does not require any licensing as
long as parents are on-site while the children are in care.
Minutes -Planning Commission May 27, 2008 -Page 7
Nielsen Asked if the applicant has any objection to the restriction of the
sanctuary hours of operation being 9:00 a.m, to 9:00 p.m.
Ms. DePrete Answered in the negative; the hours are compatible with the
intention of the use.
Murray Asked if those hours applied to the Larwin Square operation
and whether or not there was ancillary child care at that site.
Ms. Knox Stated there have been three small children who accompanied
their parents.
Ms. DePrete Added that there is no accommodation for children at the
present site.
Murray Asked if the hours at Larwin Square were consistent with the
proposed plan.
Ms. DePrete Answered in the affirmative.
Murray Asked if there were any issues at the current location that
contributed to the move.
Ms. DePrete Indicated that size was the only factor.
Thompson Asked the applicant to provide discussion regarding the
compatibility factor with current tenants and tenants at the new
location regarding noise, parking, etc.
Ms. DePrete Stated that the new site is a destination location; there is not
much retail; the adjacent occupant is retail, but no difficulty is
anticipated; there has never been any difficulty at the present
location.
Murray Complimented the applicant on her past successes; and, stated
that the business plan was excellent.
Puckett Added that should be a good location for the use and an asset
to the center.
8:16 p.m. The Public Hearing closed.
Thompson Requested that Resolution No. 4092, Item IE2, and Condition
3.2 be amended to read 48 persons "at one time."
Minutes -Planning Commission May 27, 2008 -Page 8
Nielsen Stated he understood the concerns expressed by the
Redevelopment Agency as presented in the staff report; this is a
unique situation and location, and this is a positive proposal for
the site and a perfect use for this area.
Murray Indicated he was in full support of the project.
Puckett Extended best wishes to the applicant.
Nielsen Agreed with the other Commissioners' comments; and, added
that it is important when looking at religious organizations and
churches not to infringe, be a roadblock, or do anything of that
nature restricting the practice of religious freedom; if the
applicants have agreed to the hours of operation, he supports
the project.
It was moved by Thompson, seconded by Kozak, to adopt
Resolution 4092, as amended. Motion carried 5-0.
Adopted Resolution 5. CODE AMENDMENT 08-001: OFF-STREET PARKING
Nos. 4096 and 4091 REGULATIONS.
The Tustin City Council- instructed City staff to provide
information and analysis on prohibiting overnight parking
on public streets, and the Community Development
Department was asked to draft a code amendment to
address the potential effects such a prohibition may have
on off-street parking conditions.
RECOMMENDATION:
a. That the Planning Commission adopt Resolution
No. 4096 recommending that the City Council Adopt
a Negative Declaration for Code Amendment 08-
001.
b. That the Planning Commission adopt Resolution
No. 4091 recommending that the City Council
approve Code Amendment 08-001, addressing the
potential impacts of on-street parking regulations on
off-street parking conditions.
8:24 p.m. The Public Hearing opened.
Hutter Presented the staff report.
Ogdon Added that the Public Works Department, Police Department,
and City Attorney are preparing ordinances at the direction of
Minutes -Planning Commission May 27, 2008 -Page 9
the City Council that will affect public right-of-ways; the
proposed parking ordinance before the Planning Commission
will amend the Zoning Code and only addresses private
property parking-related issues; the ordinance organizes all the
parking requirements in the Tustin City Code into one chapter
rather than the multiple sections that now exist; this will ensure
that on-street parking issues that may be affected by the other
ordinances, if adopted by Council, do not shift into residential
neighborhoods or push parked cars off the arterials into
commercial shopping centers; the ordinance will assist property
owners in addressing parking concerns that might shift into
those neighborhoods and ensure that off-street parking
developed and designed for a project is permanently available;
this is an opportunity for the City to proactively introduce new
Code sections that provide parking flexibility for historic
properties in Old Town, a continuing issue; the ordinance will
also provide flexibility for disabled parking requirements.
Murray Complimented staff for moving forward with this ordinance; he
has a particular area of concern regarding the handicapped
striping and signage; throughout the City, there are many
locations of off-street parking where appropriate striping and
signage is not in compliance.
Ogdon Asked if Commissioner Murray was referring to coming into
compliance with the painting.
Murray Reiterated that he sees situations where handicapped with
placards cannot park because someone else has parked in the
space, and this is non-enforceable because the striping is faded
and the signs are out of compliance.
Ogdon Responded that the proposed ordinance has several sections
that require maintenance, the primary one being that it is the
duty of the property owner to maintain and repair required
parking areas (Section 9262c).
Murray Questioned who addresses the compliance aspect.
Ogdon Replied that the City's Code Enforcement officers would be
responsible for enforcing that provision.
Thompson Referred to page 2 of the staff report and the bulleted list of
issues that the amendments are intended to address; and,
suggested that parking on sidewalks and loading and unloading
in the public right-of--way be restricted.
Minutes -Planning Commission May 27, 2008 -Page 10
Thompson continued Remarked that in the Negative Declaration Exhibit A there were
several items that suggest the Parking Code update will add
value in those areas.
Referred to Exhibit C of the draft ordinance, the last paragraph
on page 3, item (i), and asked for clarification of the "decrease in
the parking by a maximum of one space„ and a typical situation
where this would be applied.
Nielsen Specified Section 9291 of Draft Ordinance 1354 as the
reference.
Ogdon Stated that this has to do with Section 9264b(4}, which is on
page 13 of the ordinance, regarding historic resource residential
parking; this is an attempt to provide flexibility to the registered
historical buildings in Old Town: for example, property owners
who have an historic building with an historic garage; the Code
now states that, if the property owner wants to add a bedroom
to a 1,200 square foot existing house, atwo-car garage would
be required; this typically cannot be accomplished without
demolishing the existing historical one-car garage or without
taking off a piece of the historical residence to provide the
driveway entrance to the garage; under the correct conditions,
when a building is listed as an historic structure or listed in the
City's Historical Resources Survey and at least cone-car
garage exists, the requirement for the second-car garage can
be waived if the property owner can provide an off-street
parking space somewhere else on the site; that off-street space
can be provided on a driveway, as a tandem space, or in a
carport; this would only apply to registered historic buildings;
there are further limitations regarding the size of the addition.
Nielsen Asked if staff knows how many of these residents have one-car
garages.
Ogdon Stated that information is unknown.
Murray Questioned whether this approach is consistent with other
historical areas, such as the Orange Historic Area.
Ogdon Replied that staff had property owners come forward with similar
situations; staff contacted the cities of Laguna Beach and
Claremont who enacted similar ordinances; some influences
were pulled from those ordinances.
Thompson Asked if granny flats are a protected use under the parking
ordinance.
Minutes -Planning Commission May 27, 2008 -Page 11
Ogdon Stated that granny flats are not traditionally considered second
units; granny flat units are restricted from having kitchens;
second units are referred to in Section B(8) which states that a
second residential unit is not authorized to take advantage of
the provisions but would require atwo-car garage.
Nielsen Referred to the state's provisions regarding second units and
how that might affect the ordinance provision.
Kendig Replied that the restriction is permissible under the state
statutes.
Nielsen Asked if parking is separated from that issue.
Kendig Stated that, as he understands the new requirements, in order
to establish a second unit, one would need to establish a two-
car garage.
Thompson Asked, if a granny flat were to have a small kitchen, which
category would it fall under.
Ogdon Indicated that the Code section that refers to granny flats and
guest rooms requires a conditional use permit and would be
conditioned not to have a cooking facility; a covenant is typically
required on the property that would wam future owners that no
kitchen would be allowed; since those are not considered
second units, atwo-car garage is not required; the proposed
ordinance is designed to protect the historic house when
renovations are requested.
Thompson Referred to page 15 of Exhibit C, Item C.2, and requested
clarification regarding full screening of recreational vehicles.
Ogdon Responded that the intent is to address what could be
recreational vehicle blight in residential neighborhoods where
vehicles are parked on driveways or in front yards and perhaps
prevent access to a required parking area or become unsightly;
all recreational vehicles, which are defined in the parking
ordinance as boats, trailers, etc. to be located outside of any
required front and side setbacks must be on a paved surface
and screened from view from the public right-of--way by a wall or
fence and landscaping; some discretion is provided for the
Community Development Director to determine those
requirements.
Kozak Asked if any comments have been received during the public
comment period.
Minutes -Planning Commission May 27, 2008 -Page 12
Huffer Stated she was unaware of any public comments received.
Kozak Noted that in many retail centers vehicles are painted with
advertising for a business that may have a monument sign or
building-mounted sign; these vehicles are parked against the
main street and presents borderline blight; and, asked if this
ordinance will address that issue.
Kendig Indicated that issue is not directly addressed in the proposed
ordinance; there is a provision that prohibits overnight parking in
commercially zoned areas...
Puckett Asked for clarification regarding the restricted parking between
2:00 a.m. and 6:00 a.m.
Kendig Stated that restriction will be part of the other ordinances going
before the Council but is not a part of the parking ordinance
being considered this evening; the direction from Council was
the return to them with a Citywide restriction prohibiting on-
street parking between those hours.
Puckett Asked if the ordinance will cover Irvine and Red Hill where on-
street parking is allowed.
Nielsen Restated the ordinance being considered by the Planning
Commission would deal with off-street parking on private
property.
Kendig Added that was correct; more comprehensive regulations are
also going before the Council.
Murray Requested clarification regarding the signs on vehicles
concerns expressed by Commissioner Kozak.
Nielsen Stated that he noticed a 48-hour exemption was included.
Ogdon Indicated that Code Enforcement officers currently enforce the
Sign Code when people use their vehicles for advertising; if a
vehicle has not been moved and is parked next to the street as
a sign, Code Enforcement requires that the vehicle be moved.
Added that, to provide balance, some businesses would be
allowed to have their vehicles on-site but that other people
would be prevented from abusing the commercial center by
parking on the site; this would also protect residential
communities from commercial businesses operating out of a
home from lining the street with commercial vehicles, having
Minutes -Planning Commission May 27, 2008 -Page 13
their employees come to the house, get into the vehicles, and
go about their business.
Nielsen Asked if the above reference would be applicable to a vehicle
for sale by a property owner would be an exception.
Murray Stated that was the situation he was referring to.
Ogdon Answered that Code Section 9262.1.a allows private vehicles to
be displayed on residential property belonging to or occupied by
the owner for the purposes of temporarily displaying the vehicle
for sale; the display may not occur for more than 90 days.
Nielsen Referred to page 5, Section 92626, and asked for further
clarification regarding the restriction of RVs, boats, campers,
etc. on private property.
Ogdon Stated that this provision works in conjunction with the provision
related to recreational vehicles; if someone moved a vehicle out
of the front yard setback and into the side yard and was
blocking access to the garage, this provision would restrict it
because it would be impeding the access to a required parking
space.
Nielsen Indicated that he knows of homes that have been built for RV
access with the wider setbacks usually on the side yard; and,
asked if this ordinance would create a problem for those
homeowners who own an RV and park it on their property but
do not block the garage.
Ogdon Suggested that this would be a problem for some properties.
Nielsen Asked if that would be due to the lack of screening from the
right-of-way.
Ogdon Answered yes and that some of those proprty side yards are
adjacent to streets and the ordinance as currently drafted would
prohibit RVs from being located within a front or side yard
setback.
Nielsen Questioned whether or not that would be the case even if the
setback was specifically constructed in the original home
construction to accommodate the width of an RV.
Ogdon Answered in the affirmative.
Nielsen Asked if there might be a possibility for accommodating those
homeowners.
Minutes -Planning Commission May 27, 2008 -Page 14
Ogdon Stated that staff can review that issue.
Nielsen Asked if, on page 6 under Availability 2.b. regarding garage
spaces, the reference is to residential garages and questioned
how that provision is to be enforced.
Ogdon Indicated that this issue is envisioned as being on a complaint
basis only; there is a possibility that the off-street provisions that
are being considered could involve a permit process allowing
exemptions from the on-street prohibition; this might require an
inspection of the property to determine whether or not there is
an actual need for an exemption.
Nielsen Stated that his primary concern regards snooping in residents'
garages.
Ogdon Restated that all code enforcement is complaint-based unless
an officer sees a blatant situation of violation.
Nielsen Indicated he wants to make sure that individual rights and public
safety on private property are protected.
Kozak Interjected with a question whether or not the homes that were
purchased because of an RV accommodation might be
considered a legal, nonconforming use.
Kendig Answered that the issue of a legal, nonconforming use would
arise only if it was initially permitted by the City and had been
legally created.
Nielsen Stated he had a difficulty regarding penalizing people who have
RV use now being cited after 20 years of use.
Thompson Suggested that the situations where garages are used as
storage units pushes the cars elsewhere; the City needs to be
careful about how far to go with enforcement and to find a
balance, but this issue is a problem and needs to be addressed.
Nielsen Stated he would rather err on the side of the homeowner than
on the regulation, unless the situation presents a specific public
safety issue or hazard; protection of homeowners' rights is
important; most of the ordinance seems designed to cite the
people who do not abide by the regulations and use their
garage for storage, or a living area, etc.
Murray Indicated he concurred with Chair Nielsen's remarks; the point
of these types of regulations relates to quality of life issues and
becomes a matter of balance in the spirit of the law and the
Minutes -Planning Commission May 27, 2008 -Page 15
Puckett Added that the process has to begin somewhere; the intent of
this ordinance is not to be "Big Brother" but to bring some
continuity throughout the City; there will be instances where
there are hardships, but the intention is to bring everyone into
compliance; he has acquaintances who use their garage as a
playroom and are not abusing the intent of the ordinance, while
there are people who are using garages for storage and not for
parking; the Planning Commission needs to adopt the
resolutions and provide recommendations to Council.
Nielsen Confirmed that all the Commission is doing at this point is
recommending; this can include language regarding the points
mentioned above.
Thompson Suggested it might be a good idea to itemize the specific points
as follows:
Page 5 B.1, should reflect the prior codes that have
been complied to for storage of recreational vehicles in
side yards allowing for grandfather recognition.
Page 6, 2, b referring to residents parking vehicles in
garage space may need to be clarified to state it is the
intent that residents' vehicles be parked in garage
spaces but not a mandate that opens up the door for
Department inspectors to investigate how garages are
being used.
• Page 15, Sections C.2 and C.3, should allow more
flexibility in the extent of time or flexibility for parking in
the driveway; the garage does not have to be full of
cars before residents can park in their driveways.
Thompson suggested an a. and a b. be added allowing
recreational vehicles longer term parking and allowing
people to park their cars in their driveways.
Kozak and Nielsen Agreed that residents should be allowed to park in their
driveways regardless of the contents of their garages.
With the suggested recommendations above, Thompson moved
approval of the resolutions, -seconded by Puckett. Motion
carried 5-0.
None REGULAR BUSINESS
Minutes -Planning Commission May 27, 2008 -Page 20
STAFF CONCERNS
6. REPORT OF ACTIONS TAKEN AT THE MAY 20, 2008,
CITY COUNCIL MEETING.
Ogdon Stated there were no significant planning issues on the May 20
City Council agenda; he would answer any questions the
Commissioners might have.
COMMISSION CONCERNS
Thompson Wished everyone a Happy Belated Memorial Day with special
wishes to those veterans listening from abroad and thanking
them for their service to our country.
Stated he is looking forward to the Chili Cook-off and the State
of the City Luncheon.
Nielsen Asked if Commissioner Thompson had anything to report from
the OCTA committees.
Thompson Responded that he will be finishing his role as Chair on the
Citizens Advisory next month but had no highlights to share
from recent meetings; the Go Local Committee is still in the
process of reviewing the applications from the cities; he may
have more to update in the coming months when the process is
complete.
Kozak Stated he is also looking forward to the Chili cook-of and the
State of the City address.
Offered his thanks and compliments to the staff for the agenda
items this evening.
Murray Indicated it is a pleasure for him to work with the members of
this Planning Commission.
Thanked staff for their outstanding work.
Noted he has received good comments from people in the
community regarding the City's being open every Friday.
Offered his congratulations to Dave Wilson regarding his
promotion to Director of Parks and Recreation.
Congratulated the Tustin teachers of the year who were
honored at the Irvine Marriott last week.
Minutes -Planning Commission May 27, 2008 -Page 21
Asked if staff could research and provide suggestions regarding
the use of energy and providing friendly housing and
commercial technologies; this topic will become more and more
important; anything we can do to move in that direction would
be very helpful.
Noted that he had read in the paper that applications are being
taken online the affordable senior housing at Coventry Court.
Stated that Tustin High School has an Education Foundation
that will hold its inaugural fundraiser tomorrow evening at the
Beach Pit BBQ from 6:30-9:30 p.m.
Added that he will be involved as a judge in the Chili Cook-off
and is looking forward to that.
Indicated there was a great article in the newspaper about Lou
Bone and his "district office."
Puckett Thanked staff for the well-documented Housing Element.
Noted he is looking forward to being a judge at the Chili Cook-
offand to attending the State of City luncheon.
Referred to Memorial Day and said he had been wondering if
that holiday has lost some of the emphasis it once had; he
visited Riverside National Cemetery near March Air Force Base
yesterday and found it was packed; it did his heart good to see
all the people honoring those who gave their lives and helped
America to be where it is today and to see the holiday being
properly observed.
Nielsen Stated that he will be a rookie judge at the Chili Cook-off.
Asked Commissioner Kozak it he would be presenting a report
on his historic preservation seminar.
Kozak Replied that he will be attending the Design Guidelines
workshop in the City of Orange tomorrow evening and intended
to combine the two seminars for a presentation during a future
Planning Commission meeting.
Nielsen Indicated he enjoyed the TUSD Teacher of the Year dinner and
encouraged others to attend in the future.
Congratulated Dave Wilson on his promotion to Director of
Parks and Recreation.
Minutes -Planning Commission May 27, 2008 -Page 22
Nielsen continued Suggested that everyone should take Memorial Day and
Veterans Day to remember our veterans; he remembers his
uncle, his aunt, and his mother, all members of the Marine
Corps during World War II; please keep in your prayers all our
service people overseas and in harm's way.
Murray Asked that everyone keep Director Binsack and her family in
their thoughts and prayers during their time of sorrow in the loss
of their mother.
9:50 p.m. ADJOURNMENT:
It was moved by Murray, seconded by Kozak, to adjourn the
meeting. Motion carried 5-0.
The next regular meeting of the Planning Commission is
scheduled for Tuesday, June 10, 2008, at 7:00 p.m. in the City
Council Chamber at 300 Centennial Wav.
Joh~lielsen
Chairperson
~~~~ ~~~`
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission May 27, 2008 -Page 23
Attachment B
RESOLUTION NO. 08-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE NEGATIVE
DECLARATION FOR CODE AMENDMENT 08-001, A REVISION
TO THE CODE ADDING PART 6 TO CHAPTER 2 OF ARTICLE 9
AND AMENDING TUSTIN CITY CODE SECTIONS 9221 to 9228,
9231 to 9235, 9241, 9242, 9271, 9297, AND 9299 RELATING TO
OFF-STREET PARKING REGULATIONS.
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. That proposed Code Amendment 08-001 is considered a "project"
subject to the terms of the California Environmental Quality Act
("CEQA") (Public Resources Code §21000 et. seq.);
B. That an Initial Study was prepared to evaluate the potential
environmental impacts associated with Code Amendment 08-001
that concluded that potential impacts are at a level of insignificance
and a Draft Negative Declaration was prepared;
C. That a Notice of Intent to Adopt a Negative Declaration was filed with
the Clerk for the County of Orange for posting, and provided to
members of the public using a method permitted under CEQA
Guidelines Section 15072(b). The Initial Study and Draft Negative
Declaration were made available fora 20-day public review and
comment period from May 19, 2008, to June 9, 2008, in compliance
with Sections 15072 and 15105 of the State CEQA Guidelines; and
no comments were received;
D. That the Planning Commission conducted aduly-noticed public
hearing on May 27, 2008, to consider the Initial Study, proposed
Negative Declaration and Code Amendment 08-001 at which
hearing, members of the public were afforded an opportunity to
comment upon the project. At the conclusion of the public hearing,
the Planning Commission adopted Resolution No. 4096
recommending that the City Council adopt a Negative Declaration
for Code Amendment 08-001;
E. That the City Council conducted a duly noticed public hearing on
October 7, 2008, to consider the Initial Study and proposed
Negative Declaration prepared for Code Amendment 08-001 at
which hearing, members of the public were afforded an opportunity
to comment upon the project;
Resolution No. 08-41
Page 2
F. That the City Council considered the Initial Study and the Negative
Declaration (Exhibit A) and finds it sufficient for proposed Code
Amendment 08-001.
II. The City Council hereby adopts the Negative Declaration attached hereto
as Exhibit A for Code Amendment 08-001 relating to off-street parking
regulations.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 7th day of October, 2008.
JERRY AMANTE
MAYOR
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do 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 Resolution
No. 08-41 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on the 7th day of October, 2008, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
Exhibit A to Resolution No. 08-41
- COMMiJNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 91780
(714) 573-3100
NEGATIVE DECLARATION
Project Title: CODE AMENDMENT 08-001
Project Location: Citywide
Project Description: Code Amendment 08-001 amends the Tustin City Code providing an updated, consolidated, and
comprehensive pazlcing ordinance. The new pazlcing ordinance will organize and supplement Tustin's existing pazlcing
regulations and provide a comprehensive pazldng code clarifying existing regulations.
Project Proponent: The City of Tustin
Lead Agency Contact Person: Edmelynne Huffer
Telephone: (714) 573-3174
~ne Community Development Department has conducted an Initial Study for the above project in accordance with the
City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of
that study hereby finds:
® That there is no substantial evidence that the project may have a significant effect on the environment.
^ That potential significant effects were identified, but revisions have been included in the project plans and agreed
to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would
occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and
incorporated herein.
Therefore, the preparation of an Environmental Impact Report is not required.
The Initial Study which provides the basis for this detennination is attached and is on file at the Community Development
Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during
the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days.
Upon review by the Community Development Director, this review period may be extended if deemed necessary.
REVIEW PERIOD ENDS 4:00 P.M. ON JUNE 9, 2008
Date ~l~ slr~ ~
Elizabeth A. Bins
Community Develo ent Director
rrt~>< tamp Here)
t
NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/
MITIGATED NEGATIVE DECLARATION
Notice is hereby given that the public agency named below has completed an Initial Study of the following described project at
the following location:
Public Agency: City of Tustin, Community Development Department
Project Name: Code Amendment 08-0O1(CA 08-001) Parking Ordinance
project Location -Identify street address and cross Citywide code amendment
streets or attach a map showing project site
(preferably a USGS 15' or 7 1/2' topographical map
identified by quadrangle name):
This Initial Study was completed in accordance with the Cites Guidelines implementing the California Environrriental Quality
Act, This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect ota the
environment. On the basis of sdch Initial. Study, ~a Draft ~ concluded that the project will not. have a ingnificimt effect
. on the environiiient, end had therefore prepared ve Declaration. The Initial Study reflects the independent
judgment of the City.
^ The Project site IS on a list compiled pursuant to Ciovemment Code action 65962.5.
® The Project site IS NOT on a list compiled pursuant to Government Code section 659625.
^ The proposed project IS considered a project of statewide, regional or areawide significance.
® The proposed project IS NOT considered a project of statewide, regional or areawide significance.
^ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of
Transportation.
® The proposed Project W1ZL NOT affect highways or other facilities under the jurisdiction of the State Departman or
Tnuisportation.
^ A ~,~g matins. WILT, be held by the lead ag®cy:
® A ~~8 mating WILL NOT be held by the lead agency.
If the project meets the criteria requiring the scoping mating, ac if the agency voluntarily elects to hold such a meeting, the
date, time and location of the scoping meeting are as follows:
Date: ~ .Times Location: .
Copies of the Initial Study and Draft Negative Declaration are on file and are available for public review at City Hall, located st:
City Hall address: .
300 Centennlai Way, Tustin, CA 92780-3715
Comments will be received until the following date: May 19 -June 9, 2008
Any person wishing to corrnnent on this mattes must submit such comments, in writing, m the City prior to this date. Comments
of all Responsible Agmciea are also requested.
The City Council will consider the Project and the Draft Negative Declaration at its meeting on:
Date: Jnne 17, 2008 Time: 7:00 P.M.
If the City Council fords that the project will not have a significant effect on the environment, it may adopt the Negative
Declaration/Mitigated Negative Declination. This means that the City Council may proceed to consider the project without the
Plep~an of an Environmental Impact Report.
5 3 (.
Amy Thomas, AICP Date
Senior Planner City of Tustin
(714)573-3126
athomasCa)tiistinca orQ
FORM "D"
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 573-3100
INITIAL STUDY
A.
BACKGROUND
Project Title: Code Amendment 08-001 (CA 08-001) Parking Ordinance
Lead Agency: City of Tustin
300 Centennial Way
Tustin, California 92780
Lead Agency Contact Person: Edmelynne Huffer
Project Location:
Project Sponsor's Name and Address:
General Plan Designation:
Zoning Designation:
Citywide
City of Tustin
All
All
Phone: (714) 573-3174
Project Description: Code Amendment 08-001 amends the Tustin City Code providing an updated,
consolidated, and comprehensive parking ordinance. The new parking ordinance
will organize and supplement Tustin's existing parking regulations and provide a
comprehensive parking code clarifying existing regulations.
Surrounding Uses: N/A
North: East:
South: West:
Other public agencies whose approval is required:
^ Orange County Fire Authority ^ City of Irvine
^ Orange County Health Care Agency ^ City of Santa Ana
^ South Coast Air Quality Management ^ Orange County
District E~
^ Other
Code Amendment 08-001 (CA 08-001)
City of Tustin
B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving ate
least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D
below.
^ Aesthetics ^ Agriculture Resources
^ Air Quality ^ Biological Resources
^ Cultural Resources ^ Geology/Soils
^ Hazards & Hazardous Materials ^ Hydrology/Water Quality
^ Land Use/Planning ^ Mineral Resources
^ Noise ^ Population/Housing
^ Public Services ^ Recreation
^ Transportation/Traffic ^ Utilities/Service Systems
^ Mandatory Findings of Significance
C. DETERMINATION:
On the basis of this initial evaluation: .
® I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATNE DECLARATION will be prepared.
^ I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because revisions in the project have been made by or agreed t(
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
^ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IlVIPACT REPORT is required.
^ I find that although the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately
analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by
mitigation measures based on the earlier analysis as described in the attached sheets. An
ENVIRONMENTAL IlVIPACT REPORT is required, but it must analyze only the effects that remain to
be addressed.
^ I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, and no further documentation is required.
Prepares: Amy Thomas Title Senior Planner
~~ Date /~'~3'~
~. ~~
~F
Elizabeth A. Binsack, Community Development Director
2
Code Amendment 08-001 (CA 08-001)
~. EVALUATION OF ENVIRONMENTAL IlVIPACTS
Directions
City of Tustin
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply to projects
like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be
explained where it is based on project-specific factors and general standards (e.g., the project will not expose
sensitive receptors to pollutants, based on aproject-specific screening analysis).
2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level,
indirect, direct, construction, and operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made and EIR is
required.
4) "Negative Declaration: Less Than Significant With Mitigation incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect
to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," maybe cross-
referenced).
~~
S) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3xD). In this case, a brief
discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
bj Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether
such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"
describe the mitigation measures which were.incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate, include a reference to the page or pages where the statement is substantiated
7) Supporting. Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies
normally address the questions from this checklist that are relevant to a project's environmental effects in
whatever format is selected.
Code Amendment 08-001 (CA 08-001)
City of Tustin
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and, ~
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
I, AES'TI~TICS. Would the project:
a) Have a substantial adverse effect on a scenic ^ ^ ^
vista?
b) Substantially damage scenic resources, ^ ^ ^
including, but not limited to, tress, rock
outcroppings, and historic buildmgs within a
state scenic highway?
c) Substantially degrade the existing visual ^ ^ ^
character or quality of the site and its
surroundings?
d) Create a new source of substantial light or glare ^ ^ ^
which would adversely affect day or nighttime
views in the area? -
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
improvements are proposed in conjunction with this protect.
a) No Impact. The City of Tustin General Plan encourages protection of scenic views and resources through the
Hillside Review process; monitoring and hnntmg development of Peters Canyon Ridgeline consistent with the
requirements of the East Tustin Specific Plan; and through implementation of the Grading and Excavation. Code and
1Vlanual. No physical improvements are proposed in conjunction with this project. The parking ordinance does not
exempt individual projects from review. Impacts related to any future project would be identified and evaluated in
conjunction with the applicable specific plan or other review document and may be subject to separate CEQA review.
Therefore, this project will not have a substantial adverse effect on a scenic vista.
b) No Impact. The General Plan Circulation Element does not identify any State scenic highways within the City.
Impacts related to any future protect would be identified and evaluated in conjunction with the applicable specific plan or
other review document and may be subject to separate CEQA review. Therefore no impacts are forecast from the
implementation of the proposed project.
c) No Impact. The parking ordinance does not exempt individual projects from review. Impacts related to any future
project would be identified and evaluated in conjunction with the applicable specific plan or other review document and
may be subject to separate CEQA review. Therefore, no impacts are forecast from the implementation of the proposed
project. {
4
Code Amendment 08-001 (CA 08-001)
City of Tustin
d) No Impact The parking ordinance addresses lighting for pazlcing lots and loading areas. A photometric plan and
additional review would be required on a case-by-case basis for any lighting proposed. Therefore, there is no impact
~sociated with this project.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
II. AGRICULTURE RESOURCES. In
determining whether impacts to agricultural
resources are significant environmental effects,
lead agencies may refer to the California
Agricultural Land Evaluation and Site
Assessment Model (1997) prepazed by the
California Dept. of Conservation as an optional
model to use in assessing impacts on
agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique
f Farmland, or Farmland of Statewide
\,~ Importance (Farmland), as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
c) Involve other changes in the existing
environment which, due to their
location or nature, could result in
conversion of Farmland, to non-
agricultural use?
^ ^
a a
a
o
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
improvements are proposed in conjunction with this project.
a) No Impact. Since there are no improvements proposed in conjunction with this project, it will not result in any
impacts to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland),
No Impact. Zoning amendment to the pazling ordinance will not result in conversion of farmland to anon-agricultural
_se. There are no azeas subject to a Williamson Act contract, and conservation of farmland in the Tustin Planning Area.
Code Amendment 08-001 (CA OS-0O1)
City of Tustin
Impacts related to any future project would be identified and evaluated in conjunction with each specific project.
Therefore, no impacts are forecast to occur as a result of implementation of the proposed project. ,
i
c) No Impact. As described in Response II.b above, the proposed project will not directly impact or result m the
conversion of existing farmland uses to non-agricultural uses. Therefore, no impacts are forecast to occur as a result o:
implementation of the proposed project.
Mitigation Measnres/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. Evaluation of Environmental Impacts Amendment To Disposition And Development Agreement 05-
01
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
III, AIR QUALITY. Where available, the
significance criteria established by the
applicable air quality management or air
pollution control district maybe relied upon to
make the following determinations. Would the
project:
a) Conflict with or obstruct ^ ^ ^
implementation of the applicable air
quality plan?
b) Violate any air quality standard or ^ ^ ^
contribute substantially to an existing
or projected air quality violation?
c) Result in a cumulatively considerable ^ ^ ^
net increase of any criteria pollutant for
which the project region is non-
attainment under an applicable federal
or state ambient air quality standard
(including releasing emissions which
exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to ^ ^ ^
substantial pollutant concentrations?
e) Create objectionable odors affecting a . ^ ^ ^
substantial number of people?
Discussion: i'
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No ~ ca
improvements are proposed in conjunction with this project.
6
Code Amendment 08-001 (CA 08-001) City of Tustin
~ No Impacts. The proposed project would not conflict with or obstruct implementation of the applicable air quality
pan, as prepared by the South Coast Air Quality Management District (SCAQMD) in the Air Quality Management Plan
(AQMP) for the South Coast Air Basin. No physical improvements aze proposed in conjunction with the amendment to
the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with applicable
specific plan(s) or other review document and may be subject to sepazate CEQA review. Therefore, no impacts are
forecast to occur as a result of implementation of the proposed project.
b-e) No Impacts. Grading and development activities aze not associated with the proposed zoning amendment. Impacts
related to any future project would be identified and evaluated in conjunction with applicable specific plan(s) or other
review document and may be subject to sepazate CEQA review and will be subject to the City's standard conditions of
approval to minimize local nuisance from grading and construction activities. This condition is in conformance with the
SCAQMD requirements and therefore, no impacts aze anticipated to occur.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. A GUIDE TO THE FA-ItiVII.AND MAPPING AND MONITORING PROGRAM, 2004 EDTITON
hrip://www.conservation.ca gov/dlrp/fmmp/Documents/fmmp guide 2004 pdf
Issues:
t . fV. BIOLOGICAL RESOURCES. Would the
project:
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive, or
special status species in local or
regional plans, policies, or regulations,
or by the California Department of
Fish and Game or U.S. Fish and
Wildlife Service?
Potentially Less Than Less Than
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
^ ^ ^
No
Impact
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local
or regional plans, policies, regulations
or by the California Department of
Fish and Game or U.S. Fish and
Wildlife Service?
^ ^ ^
Code Amendment 08-001 (CA 08-001) City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Im~- `
Impact With Impact
Mitigation
Incorporated
c) Have a substantial adverse effect on ^ ^ ^
federally protected wetlands as defined
by Section 404 of the Clean Water Act
.(including, but not limited to, marsh,
vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the ^ •^ ^
movement of any native resident or
migratory fish ~ wildlife species or .
with established native resident or
migratory wildlife corridors, or impede
the use of native wildlife nursery sites?
e) Conflict with any local policies or ^ ^ ^
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
fl .Conflict with the provisions of an ^ ^ ^
adopted Habitat Conservation Plan, _
Natural Community Conservation
plan, or other approved local, regional,
or state habitat conservation plan?
Discussion: -
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
improvements are proposed in conjunction with this project.
a, b) No Impact. The California Fish and Game Code was adopted by the State legislature to protect the fish and
wildlife resources of the State. Special permits are required for any lake or stream alterations, dredging or other activities
that may affect fish and game habitat. No physical improvements are currently proposed in conjunction with the
amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction
with the California Fish and Game Code and may be subject to separate CEQA review. Therefore, no impacts will result
with implementation of the proposed project.
c) No Impact. In accordance with the City's existing permit (Order No. R8-2002-0010 and NPDES No. CAS618030)
with the Santa Ana Regional Quality Control Boazd, any future applicant may be required to prepaze a Storm Water
Pollution Prevention Plan (SWPPP) to ensure grading and reclamation activities do not allow runoff from the site to carry
sediment during a storm event to impair the water quality. Any future project that is considered a priority project will be
required to prepaze a Water Quality Management Plan (WQMP) to ensure runoff from the site due to ongoing operations
do not impair water quality downstream Therefore, no impact is anticipated as part of the zoning amendment that could
cause a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act.
8
Code Amendment 08-001 (CA 08-001) City of Tustin
d) No Impact. As discussed in response IV.a,b, the zoning amendment does not propose any physical changes. Impacts
elated to any future project would be identified and evaluated in conjunction with the California Fish and Game Code and
.nay be subject to separate CEQA review and conditions of approval limiting grading activities. Therefore, no impacts aze
anticipated from the implementation of the proposed project.
e) No Impact. The City's General Plan Conservation/Open Space/Recreation Element mandates continued maintenance
of significant tree stands. New developments will require a biological assessment as required in the review process. The
new pazking ordinance will require landscaping including trees and shrubs in areas at the pazking lot that are not used as
part of the minimum parking and circulation area. Individual applications would be subject to further review for
consistency with any local policies ~ ordinances protecting biological resources. Therefore, there is no impact.
fl No Impact. The City of Tustin is a participating member of the Natural Community Conservation Plan (NCCP) and
is within the Coastal Sub/Central Orange County NCCP region. No physical improvements aze currently proposed in
conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and
evaluated in conjunction with the applicable NCCP/HCP plan or any other conservation plan and may be subject to
separate CEQA review. Therefore, the project has no impact.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. Department of Fish and Game, NCCP htty://www.dfg.ca.gov/habcon/nccp/index html
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
~'~' ~ Incorporated
V. CULTURAL RESOURCES. Would the
project:
a) Cause a substantial adverse change in ~ ~ ~
the significance of a historical resource
as defined in § 15064.5?
b) Cause a substantial adverse change in ~ ~ ~ ~
the significance of an archaeological
resource pursuant to § 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
d) Disturb any human remains, including
those interred outside of fom~al
cemeteries?
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
nprovements are proposed in conjunction with this project.
9
Code Amendment 08-001 (CA 08-001) City of Tustin
a) No Impact. The City of Tustin General Plan sets out conservation goals to maintain and enhance the City's unique
culturally and historically significant building sites or features. Specifically, Policy 12.1 Identify, designate, and pry
facilities of historical significance, and Policy 12.3 Development adjacent to a place, structure or object found to a
historic significance should be designed so that the uses permitted and the architectural design will protect the visual
setting of the historical site. Since the zoning code amendment will not change or alter the physical environment, and each
individual proposal will be subject to the City's Goals and Policies of the General Plan, the project is not anticipated to
create a substantial adverse change to historical resources and no impacts are forecast from the implementation of the
proposed project.
b, c) No Impact. According to the City of Tustin General Plan Conservation/Open Space/Recreation Element (Goal
13), and the Standard Conditions of Approval, individual projects will be subject to site inspection by certified
archaeologists or paleontologists for new development in designated sensitive areas. These conditions will be required on
a case-by-case basis for individual projects; however this zoning amendment proposes no physical changes. Therefore, no
impacts related to archaeological resources would result from the proposed project.
d) No Impact. No physical improvements are currently proposed in conjunction with the zoning amendment. As such,
the project will not adversely affect, destroy or disturb human remains. Impacts related to any future project would be
identified and evaluated in conjunction with a specific project and standard conditions of approval applied; however, no
foreseeable impacts related to cultural resources are anticipated:
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues: Potentially
Significant
Impact
VI GEOLOGY AND SOII.S. Would the project:
a. Expose people or structures to potential
substantial adverse effects, including
the risk of loss, injury or death
involving:
i. Rupture of a laiown
earthquake fault, as delineated
on the most recent Alquist-
Priolo Earthquake Fault
Zoning Map issued by the
State Geologist for the area or
based on other substantial
evidence of a known fault?
Refer to Division of Mines and
Geology Special Publication
42.
Less Than Less Than P~
Significant Significant Im .,r
With Impact
Mitigation
Incorporated
^ ^
10
Code Amendment 08-001 (CA 08-001)
City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
ii. Strong seismic ground
shaking?
iii. Seismic-related ground failure,
including liquefaction?
^ ^
^ ^
iv. Landslides?
b. Result in substantial soil erosion or the
loss of topsoil?
c. Be located on a geologic unit or soil
that is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading,
subsidence, liquefaction or collapse?
d. Be located on expansive soil, as
defined in Table 18 1 B of the Uniform
Building Code (1994), creating
~,, substantial risks to life or property?
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers are not available
for the disposal of waste water?
^ ^
^ ^
^ ^
^ ^
^ ^
a ~
a ~
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
improvements are proposed in conjunction with this project.
a (i) No Impact According to the City of Tustin General Plan, Public Safety Element (January 2001), the Tustin
Planning Area (Planning Area) lies within a seismically active region. However, there are no known active or suspected
potentially active faults identified within the Planning Area. The El Modena fault passes through the Planning Area's
northern section; however, studies have not been conclusive about the active/inactive status of this fault. The Code
Amendment proposes no physical changes and individual proposals would be subject to individual review. Therefore, no
impacts associated with rupture of a known earthquake fault are anticipated with the implementation of the proposed
project.
a (ii) No Impact. There is no evidence of any active or potentially active faults within the Tustin Planning Area
(Planning Area) and it is not located within an Alquist-Priolo Earthquake Fault Zone. However, the Planning Area is
Located in the seismically active region of southern California. Slight to intense ground shaking is possible at within the
ginning Area if an earthquake occurs on a segment of the active faults in the region. Under current seismic design
_.andards and California Building Code (CBC) provisions, new buildings would incur only minor damage in small to
moderate earthquakes, and potential structural damage during a large earthquake, although new buildings are expected to
11
Code Amendment 08-001 (CA 08-001) ~ City of Tustin
remain standing during such events (City of Tustin General Plan, Safety Element). With application of the provisions of
Chapter 16A Division IV of the 1998 California Building Code and the Structural Engineers Association of Calif
(SEAOC) guidelines, adequate structural protection in the event of an earthquake would be provided, thus red
impacts from strong seismic ground shaking to a less than significant level. Since there is no development associated with
the zoning code amendment and individual projects would be subject to the California Building Code and the SEAOC
guidelines, no impacts will occur as part of this project.
a (iii-iv) No Impact. There is no development associated with the zoning amendment and individual projects would be
subject to the California Building Code and the SEAOC guidelines. Furthermore, a standard condition of approval
requiring a soils report will be required prior to issuance of a grading permit for any future project. Therefore, no impacts
will occur as part of this project.
b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program, which is designed to
reduce pollutants in storm water runoff. Accordingly, during construction of any future project, the applicant .will be
required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for
construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan
(DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion
controls, sediment controls, tracking controls, wind erosion control, non-storm water management, and materials and
water management. A standard condition of approval requiring BMP's as part of individual development plans will be
required prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this
project.
c-d) No Impact. As indicated in VI.a(ii) above, there is no development associated with the zoning amendment and
individual projects would be subject to the California Building Code and the SEAOC guidelines. A soils report prepared
by a certified soils engineer may be required as part of any project on a case by-case basis. Since there is no development
associated with the zoning code amendment, no impacts will occur as part of this project.
e) No Impact. The proposed code amendment does not involve the use of septic tanks or alternative wastevl, _
disposal systems. On a case-by-case basis, any future proposed project will be subject to submit asite-specific
geotechnical investigation for the site and preparation of a geologic and soils report prepared by a certified soils engineer.
Therefore, no impacts will occur from the implementation of the proposed project.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. OC Watersheds http•//www ocwatersheds com/dampreport/default.asnx?II~1000358
Issues:
VII HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a) Create a significant hazard to the
public or the environment through the
routine transport, use, or disposal of
hazardous materials?
Potentially Less Than Less Than
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
^ a o
12
No
Impact
Code Amendment 08-001 (CA 08-001)
City of Tustin
Issues:
b) Create a significant hazard to the
public or the environment through
reasonably.foreseeable upset and
accident conditions involving the
release of hazazdous materials into the
environment?
c) Emit hazazdous emissions or handle
hazardous or acutely hazazdous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included
on a list of hazazdous materials sites
compiled pursuant to Government
Code section 65962.5 and, as a result,
would it create a significant hazazd to
the public or the environment?
e) For a project located within an airport
~-- land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
would the project result in a safety
hazard for people residing or working
in the project area?
~ For a project within the vicinity of a
private airstrip, would the project result.
in a safety hazard for people residing
or working in the project area?
g) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h) Expose people or structures to a
significant risk of loss, injury or death
involving wildland fires, including
where wildlands aze adjacent to
urbanized azeas or where residences
are intermixed with wildlands7
Potentially Less Than
Significant Significant
Impact With
Mitigation
Incorporated
a ^
o a
a a
a ^
Less Than No
Significant Impact
Impact
a
a
13
Code Amendment 08-001 (CA 08-001) City of Tustin
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No ~
improvements are proposed in conjunction with this project.
Kcal
a - c) No Impact. The project involves the implementation of a new zoning code amendment for off-street parking.
There aze no hazardous materials proposed as part of this project. Each individual development project will be subject to
review on a case-by-case basis for hazardous materials. Therefore, no impacts related to this issue will result from the
proposed project, and no mitigation measures aze required.
d) No Impact. This project does not involve a specific hazazdous materials site. Any new development project will be
subject to review with the list compiled pursuant to Government Code Section 65962.5. A standazd condition of approval
will require asite-specific geotechnical investigation for the entire site and prepazation of a geologic and soils report will
be required as part of the project. Therefore, no impacts related to this issue will result from the proposed project.
e - ~ No Impact. According to the City's General Plan Circulation Element, air travel is available from John Wayne
Airport in Orange County, approximately five miles to the south by surface roadway. However, the Tustin Planning Area
does not lie within .any of John Way's safety zones. The former MCAS Tustin helicopter station was located in the
southern portion of the City. A Specific Plan for reuse of the base has resulted in the elimination of aviation uses, with the
exception of heliports individually permitted or blimp operations as an interim use. Any new development will be subject
to review with the Airport Land Use Commission if necessary. Any conditions of approval will be incorporated into each
individual project where necessary. Therefore, no safety hazards are anticipated related to this issue.
g-h) No Impact. The proposed zoning code amendment would not involve any uses that would interfere with the City's
Emergency Operations Plan or with major emergency evacuation routes out of the area nor is it anticipated to expose
people or structures to a significant risk of loss, injury or death wildland fires, including where wildlands aze adjacent to
urbanized azeas or where residences aze intermixed with wildlands. Therefore, there are no impacts associated with +h~ s
issue.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues: Potentially Less Than
Significant Significant
Impact With
Mitigation
Incorporated
VIII HYDROLOGY AND WATER QUALITY.
Would the project:
a) During project construction, ^ ^
substantially impair the water quality
of receiving waters? In considering
water quality, factors such as water
temperature, dissolved oxygen levels,
and turbidity should be considered.
Less Than No
Significant Impact
Impact
14
Code Amendment 08-001 (CA 08-001)
City of Tustin
Issues:
b) Following project construction,
substantially impair the water quality
of receiving waters? In considering
water quality, factors such as water
temperature, dissolved oxygen levels,
and turbidity should be considered.
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, in a manner that would
result in flooding- or off-site?
d) Substantially increase the rate or
amount of surface runoff in a manner
that would result in flooding on- or off-
site?
e) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, in a manner that would
result in substantial erosion or siltation
on- or off-site?
fl Otherwise result in substantial
increased erosion or siltation on- or
off-site?
g) Change runoff flow rates ar volumes in
a manner that substantially alters the
existing drainage pattern of the site or
area, including through the alteration
of the course of a stream or river, and
results in a significant adverse
environmental impact?
h) Create or contribute runoff water that
would exceed the capacity of existing
or planned stormwater drainage
systems?
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^.
^ ^ ^
^ ^ ^
^ ^ ^
15
Code Amendment 08-001 (CA 08-0O1) City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Iml
Impact With Impact
Mitigation
Incorporated
i) Increase impervious surfaces and ^ ^ ^
runoff in a manner that substantially
impairs water quality or causes other
significant adverse environmental
impacts?
j) Provide substantial additional sources
of polluted runoff or increase the
discharges of pollutants such as heavy
metals, pathogens, petroleum
derivatives, synthetic organics,
sediment, nutrients, oxygen-demanding
substances, and trash?
k) For projects that are tributary to water
bodies that are listed as impaired on the
Clean Water Act section 303(d) list,
result in an increase of any pollutant
for which the water body is listed as
impaired?
1) Substantially degrade or impair an
environmentally sensitive area?
m) Substantially degrade or impair surface
water quality of marine, fresh, or
wetland waters?
n) Substantially degrade or impair
groundwater quality?
o) Substantially degrade aquatic, wetland,
or riparian habitat?
p) Otherwise substantially degrade water
quality?
cil Cause or contribute to an exceedance
of applicable surface water or
groundwater receiving water quality
objectives or degradation of beneficial
uses?
r) Violate any other water quality
standards or waste discharge
requirements?
^ ^ ^
^ ^ ^
^ o ~ o ~-
^ ^ ~
^ a ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
i
16
Code Amendment 08-001 (CA 08-001)
City of Tustin
Issues,: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
s) Substantially deplete groundwater ~ ~ ~
supplies or interfere substantially with
groundwater rechazge such that there
would be a net deficit in aquifer
volume or a lowering of the local
groundwater table (e.g., the production
rate ofpre-existing nearby wells would
drop to a level which would not
support existing land uses or planned
uses for which permits have been
granted)?
t) Place housing within a 100-year flood
hazazd.azea as mapped on a federal
Flood Hazard Boundary or Flood
Insurance Rate Map or other flood
delineation map?
u) Place within a 100-year flood hazard ~ ~ ~
azea structures that would impede or
( redirect flows?
v) Expose people or structures to a ~ ~ ~
significant risk of loss, injury or death
involving flooding, including flooding
as a result of the failure of a levee or
dam?
w) Expose people or structures to a ~ ~ ~ ~
significant risk of inundation by seiche,
tsunami, or mudflow?
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
improvements aze proposed in conjunction with this project.
a - b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program, which is designed to
reduce pollutants in storm water runoff: Accordingly, during construction of a development project, the applicant will be
required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for
construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan
(DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion
controls, sediment controls, tracking controls, wind erosion control, non-storm water management, and materials and
water management.
preparing a SWPPP for NPDES compliance in addition to the standard conditions of approval for water quality, any
_ure project would potentially meet all applicable regulations to manage runoff from the project site. Pollutants in storm
water would be substantially reduced by source control and treatment BMPs. In that there is no development proposed as
17
Code Amendment 08-001 (CA 08-001) City of Tustin
part of this project, there would be no impacts.
c) No Impact. Construction of any future project may temporarily alter existing drainage patterns, as there wou~
areas of exposed soil during grading and excavation activities. If a storm event were to occur during these activitic~,
exposed sediments may be carried off-site and into the local storm drain system increasing siltation. However, as
discussed in Response No. VIII.a-b, any future project would be required, as part of the standard conditions of approval,
to implement construction BMPs in compliance with the NPDES permit and Orange County Drainage Area Master Plan
(DAMP) to eliminate or reduce erosion and polluted runoff. Therefore, there are no impacts associated with this project.
d -e) No Impact. The project includes a zoning code update to the off-street parking ordinance. Any future project
would be subject to individual review and may be subject to CEQA review. To ensure off-site drainage does not result in
flooding on 'or off-site, any future applicant may be required, as part of the standazd conditions of approval, to provide
on-site hydrology and hydraulic calculations for the proposed development and hydraulic calculations for proposed
connections to the existing .storm drain system. This will ensure drainage improvements of any future project site will
have a less than significant effect on the environment. However, there are no impacts associated with the implementation
of the parking ordinance.
~ No Impact. Compliance with the NPDES permit (refer to Response VIII.a-b) and BMPs (discussed in Responses
VIII.a-b, VIII.c, and VIII.d above) would reduce potential water quality impacts to less than significant levels. There aze
no impacts associated with the implementation of the pazking ordinance.
g - h) No Impact. Future projects may generate runoff and may increase runoff and types of pollutants (i.e.: some
trash and oiUgrease from vehicles) that are typically associated with pazking azeas. However, adherence to an approved
Water Quality Management Plan will help to minimize polluted runoff into the storm drain. Since there is no development
associated with the zoning code and individual projects may be subject to providing a WQMP on a case-by-case basis, no
impacts will occur as part of this project.
i- No Im act. The As described in response VIIIg-h, runoff typically increases with parking, however, there
j) p
development associated with the zoning amendment and individual projects would be subject to providing a WQMP on a
case-by-case basis. Therefore there are no impacts associated with the proposed project.
k) No Impact. AnY future project may generate and increase runoff and types of pollutants (i.e.: some trash and
oiUgrease from vehicles). As discussed in Response No. VIII a b) and c), construction and operation of any new project
will be subject to comply with the requirements of the Orange County NPDES program, which is designed to reduce
pollutants in storm water runoff. Accordingly, any new applicant will be required to implement BMPs as identified in the
Orange County Drainage Area Master Play (DAMP) to eliminate or reduce erosion and polluted runoff during and after
construction of the proposed project. Adherence to an approved Water Quality Management Plan will help to minimize
polluted runoff into the storm drain. There is no development associated with this project and individual projects would be
subject to providing a WQMP on a case by-case basis. Therefore, no impacts will occur.
1) No Impact. There is no construction proposed as part of the proposed project. There are no Environmentally Sensitive
Areas (ESA's) or Areas of Special Biological Significance (ASBS) identified on the San Diego Creek Watershed map.
Therefore, there are no impacts associated with this issue.
m) No Impact. If a new development or redevelopment project involves the addition of 2,500 square feet or more of
impervious surface and is located within, directly adjacent to (within 200 feet), or discharging directly to receiving waters
within environmentally sensitive areas, then it qualifies as a priority project and is subject to additional requirements.
Since there is no development associated with this project and individual projects would be subject to providing a WQMP
on a case-by-case basis, no impacts will occur.
n) No Impact. There is no development associated with this project and future projects would be subject to indi~`
review on a case-by-case basis, no impacts will occur as part of this project.
18
Code Amendment 08-001 (CA 08-001) City of Tustin
o) No Impact. As discussed, in response VIII I, there are no Environmentally Sensitive Areas (ESA's) or Areas of Special
Ziological Significance (ASBS) identified on the Sand Diego Creek Watershed map. Therefore, there aze no impacts
~sociated with this issue.
p - q) No Impact. As discussed in Response No. VIII a- c, any future construction of individual projects will be subject to
comply with the requirements of the Orange County NPDES program, which is designed to reduce pollutants in storm
water runoff. Accordingly, any individual applicant will be required to implement BMPs as identified in the Orange
County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after
construction of the proposed project. No impact is associated with the Code Amendment.
r) No Impact. As discussed in Response No. VIII a- c, any future proposed construction and operation of an individual
project will be subject to comply with the requirements of the Orange County NPDES program, which is designed to
reduce pollutants in storm water runoff. Accordingly, individual applicants will be required to implement BMPs as
identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff
during and after construction of the proposed project. No impact areas are anticipated as part of this Code Amendment.
s) No Impact. As discussed in Response No. VIII n, since there is no development associated with this project and future
projects would be subject to individual review on a case-by-case basis, no impacts will occur as part of this project.
t - u) No Impact. Any individual projects will be subject to review according to the Flood Insurance Rate Map. The map
would indicate whether a project was subject to a flood zone. However, no development is proposed as part of this project.
Therefore, there are no impacts associated with this issue.
v) No Impact. In the unlikely event of flooding as a result of the failure of a levee or dam, the City has implemented an
Emergency Prepazedness Plan that addresses several hazazd azeas including flooding. This Emergency Preparedness Plan
has been reviewed by State and Federal agencies which have their own roles in the event of an emergency. Any future
'evelopment project would be subject to review on a case-by-case basis as to whether or not it is within a flood zone (as
ldressed in VIII t-u) and potentially subject to significant risk of loss, injury or death involving flooding, including
'"flooding as a result of the failure of a levee or dam. However, there aze no impacts associated with this project.
w) No Impact. Any future development projects would be subject to review to determine whether the project is within
an area that has been identified as susceptible to liquefaction or potential bedrock landslides. These arras are identified on
Figure COSR-1 of the City's General Plan. When development is proposed within these azeas, studies shall be performed
as directed by the City to determine the potential for hazards and the amount of development which is supportable on the
site. As described in VIII v, in the unlikely event of inundation by seiche, tsunami, or mudflow an individual project
would be part of the City's Emergency Prepazedness Plan. Therefore, no impacts associated with this issue.
Mitigation Measnres/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. OC Watersheds httv://www.ocwatersheds.com/dampreport/default aspx~ID=1000358
19
Code Amendment 08-001 (CA 08-001) City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Im~
Impact With Impact
Mitigation
Incorporated
1X. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established ^ ^ ^
community?
b) Conflict with any applicable land use ^ ^ ^
plan, policy, or regulation of an agency
with jurisdiction over the project
(including, but not limited to the
general plan, specific plan, local
coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat ^ ^ ^
conservation plan or natural
community conservation plan?
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive pazking ordinance. No ph
improvements are proposed in conjunction with this project. ~ ~-
a). No Impact, The new pazking ordinance will better organic and supplement Tustin's existing pazking regulations to
provide a comprehensive parking code to clarify and strengthen regulations and will not divide an established community.
Therefore, no impacts will occur.
b) No Impact. The City's General Plan Circulation Element Implementation Program indicates the following. 13.
parking Ordinance Study: The City shall complete a Parking Ordinance study which will include issues sucJfr as guest
parking standards, shared use of parking facilities, parJEing for smaller vehicles and necessary changes to City codes and
regulations. This parking ordinance will provide an updated, consolidated, and comprehensive parking ordinance. The
new pazking ordinance will better organize and supplement Tustin's existing parking regulations to provide a
comprehensive pazking code to clarify and strengthen regulations. Therefore, the project is in conformance with the
General Plan, and there aze no conflicts related to this issue.
c) No Impact. As indicated in response IV f, the City of Tustin is a participating member of the Natural Community
Conservation Plan (NCCP) and is within the CentraUCoastal Orange County region. No physical improvements are
currently proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be
identified and evaluated in conjunction with the applicable NCCP/HCP plan or any other conservation plan and may be
subject to separate CEQA review. As a result, no impacts aze anticipated from the implementation of the proposed project.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
20
Code Amendment 08-001 (CA 08-001) City of Tustin
Issues:
Potentially Less Than Less Than
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
~ ^ ^
No
Impact
X MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a
lrnown mineral resource that would be
of value to the region and the residents
of the state?
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other land
use plan?
/~1;
^ ^ ^
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
improvements are proposed in conjunction with.this project.
a -b) No Impact. According to the City of Tustin Conservation/Open Space/Recreations Element (Figure COSR-2)
there are no lrnown mineral resources within the City that would be of value to the region and the residents of the state.
~erefore, there are no project related impacts associated with mineral resources.
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XI NOISE. Would the project result in:
a) Exposure of persons to or generation of
noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or
groundborne noise levels?
c) A substantial permanent increase in ~ ~ ~
ambient noise levels in the project
vicinity above levels existing without
the project?
21
Code Amendment 08-001 (CA 08-001) City of Tustin
d) A substantial temporary or periodic ^ ^ ^
increase in ambient noise levels in the
project vicinity above levels existing
without the project?
e) For a project located within an airport ^ ^ ^
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
would the project expose people
residing or working in the project azea
to excessive noise levels?
~ For a project within the vicinity of a ^ ^ ^
private airstrip, would the project
expose people residing or working in
the project area to excessive noise
levels?
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive pazking ordinance. No physical
improvements aze proposed in conjunction with this project.
a -d) No Impae~t. The City of Tustin General Plan Noise Element, and the City's Municipal Code, Chapter 6 Section
4614, Noise Control (Noise Ordinance) establish noise standazds for the City. The Safety and Noise Element addresses
noise with respect to general land use compatibility, while the Noise Ordinance addresses noise from specific sources. The
Noise Ordinance established exterior noise standards of 55 dBA during the daytime hours between 7:00 a.m. and 1 ~ "
p.m. and 50 dBA during the nighttime hours between 10:00 p.m. and 7:00 a.m. These noise standazds are adjusted fi~
based on the cumulative duration of the noise occurrence, as well as the prevailing ambient noise levels neaz the pro~~[
Each fiitiue individual development project will be subject to review on a case-by-case basis. The proposed project
would not expose people to excessive noise, therefore, no impact will occur as a result of this project.
e-f) No Impact. As indicated in response VII a-f, according to the City's General Plan Circulation Element, air travel is
available from John Wayne Airport in Orange County, approximately .five miles to the south by surface roadway.
However, the Tustin Planning Area does not lie within ariy of John Way's safety zones. The farmer MCAS Tustin
helicopter station was located in the southern portion of the- City. A Specific Plan for reuse of the base has resulted in the
elimination of aviation uses, with the exception of heliports individually permitted or blimp operations as an interim use.
New development could be subject to review with the Airport Land Use Commission if necessary as well as with the
Noise Ordinance. Any conditions of approval will be incorporated into each individual project where necessary.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
22
Code Amendment 08-001 (CA 08-001) City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XII POPULATION AND HOUSING. Would the
project:
a) Induce substantial population growth
in an area, either directly (for example,
by proposing new homes and
businesses) or indirectly (for example,
through extension of road or other
infrastructure)?
b) Displace substantial numbers of
existing housing, necessitating the
construction of replacement housing
elsewhere?
c) Displace substantial numbers of ~ ~ ~
people, necessitating the construction
of replacement housing elsewhere?
Discussion:
'~e proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
_ .nprovements aze proposed in conjunction with this pmject.
a) No Impact. The Tustin Planning Area is an established and urbanized area. The new parking ordinance will better
organize and supplement Tustin's existing parking regulations to provide a comprehensive parking code to clarify and
strengthen regulations. There is no development associated with the Code Amendment. Therefore, no impact on the local
or regional population is expected to occur.
b) No Impact. There is no development associated with the Code Amendment. Therefore, no housing would be
displaced by the implementation of the proposed project. Therefore, there are no impacts associated with this issue.
c) No Impact. As stated in Response No. XII b) no development associated with the Code Amendment and no persons
would be displaced by the implementation of the proposed project. Therefore, there are no impacts associated with this
issue.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
23
Code Amendment 08-001 (CA 08-001)
City of Tustin
Issues: Potentially Less Than Less Than No
• Significant Significant Significant Imp
Impact With Impact
Mitigation
Incorporated
XIII PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical ^ ^ ^
impacts associated with the provision
of new or physically altered
governmental facilities, need for new •
or physically altered governmental
facilities, the construction of which
could cause significant environmental
impacts, in order to maintain
acceptable service ratios, response
times or other performance objectives
for any of the public services:
Fire protection? ^ ^ ^
Police protection? ^ ^ ^
Schools? ^ ^ ^
Parks? ^ ^ ^
ether public facilities? ^ ^ ^
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
improvements are proposed in conjunction with this project. -
a) Fire protection. No Impact. The Orange County Fire Authority provides fire protection for the City of Tustin on a
contractual basis. All water mains and fire hydrants must be constructed in accordance with Orange County
guidelines and are subject to approval by the Orange County Fire Authority. Adherence to these guidelines will
ensure that no significant impacts on fire protection services will occur. Future projects will be subject to individual
review by the Fire Authority. Therefore, there are no impacts related to fire protection.
Police protection. No Impact. The Tustin Police Department provides law enforcement services within the City of
Tustin. Routine and scheduled patrolling is done throughout the City and would continue as they do under existing
conditions. It is not anticipated that the proposed pazking ordinance would require additional officers. Rather, it is
assumed that the Police Department will continue to assess and evaluate its crime statistics for problem areas within
the City. No impacts associated with the implementation of the zoning code.
Schools. No Impact. The proposed project will not provide housing that would generate demand for additional
schools. The project will not increase student population necessitating a need for new or expanded school facilities.
No impacts aze anticipated.
24
Code Amendment 08-001 (CA 08-001)
City of Tustin
Parks. No Impact. The proposed project does not propose new construction and would not attract new residents to
the area. Therefore, the project would not generate a demand for additional parks. No mitigation measures are
required.
Other Public Facilities. No Impact. The proposed parking ordinance addresses off-street parking requirements for
future projects. The proposed project would not result in any substantial increase in demands on other government
services or public facilities such as roads, libraries, hospitals, or post offices. Future projects may generate traffic
however; these impacts would be reviewed and considered on a case-by-case basis and conditions of approval
included as necessary to mitigate impacts. This project would not increase the need for maintenance of these public
facilities. No mitigation measures are required.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues: Potentially • Less Than
Significant Significant
Impact With
Mitigation
Incorporated
XIV RECREATION. Would the project:
a) Increase the use of existing
neighborhood and regional parks or
- other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b) Dces the project include recreational ~ ~
facilities or require the construction or
expansion of recreational facilities •
which have an adverse physical effect
on the environment?
Less Than No
Significant Impact
Impact
a
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
improvements are proposed in conjunction with this project.
a -b) No Impact. The proposed project will provide an updated, consolidated, and comprehensive parking
ordinance. The proposed project does not involve the construction of uses that will increase demand for parks.
Therefore, the proposed project will not adversely impact existing recreational facilities.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
25
Code Amendment 08-001 (CA 08-001) City of Tustin
Issues: Potentially Less Than ~ Less Than No
Significant Significant Significant Imp
Impact With Impact
Mitigation
Incorporated
XV TRANSPORTATION /TRAFFIC. Would the
project:
a) Cause an increase in traffic which is
substantial in relation to the existing
traffic load and capacity of the street
system (i.e., result in a substantial
increase in either the number of vehicle
trips, the volume to capacity ratio on
roads, or congestion at intersections)?
^ ^
b) Exceed, either individually or
cumulatively, a level of service
standard established by the county
congestion management agency for
designated roads or highways?
c) Result in a change in air traffic
patterns, including either an increase in
traffic levels or a chango in location
that results in substantial, safety risks?
d) Substantially increase hazards due to a
design feature (e.g., sharp curves or
dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency
access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans,
or programs supporting alternative
transportation (e.g., bus turnouts,
bicycle racks)?
^ a ^
^ ^
^ ^
a ^ o
^ ^
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
improvements are proposed in conjunction with this project.
a) No Impact. Construction and operation of future projects may generate traffic. These impacts would be reviewed and
considered on a case by-case basis and conditions of approval included as necessary to mitigate impacts. The proposed
project is not anticipated to impact traffic. No mitigation is necessary.
26
Code Amendment 08-001 (CA 08-001) City of Tustin
b) No Impact. The City has adopted a Congestion Management Program (CMP) to reduce traffic congestion and to
+rovide a mechanism for coordinating land use development and transportation improvement decisions. Any future
project will require review and conformance with the requirements of the Tustin General Plan and the CMP. However, no
improvements are proposed as part of this project. Therefore, it would have no impact and no mitigation is necessary.
c) No Impact. The project would not produce any air traffic increases, nor would existing air traffic patterns impact it.
No impacts aze anticipated from implementation of the proposed project.
d) No Impact. The new pazking ordinance will better organize and supplement Tustin's existing parking regulations to
provide a comprehensive pazking code to clarify and strengthen regulations. This will help to ensure that individual future
projects are designed to avoid hazards and be compatible with surrounding uses.
e) No Impact, The proposed project does not include any new development and will not result in inadequate emergency
access. Future projects will be reviewed and considered on a case-by-case basis and conditions of approval included as
necessary to mitigate impacts. No mitigation is necessary.
f) No Impact. Individual uses and their required pazking need will be updated to ensure that adequate pazking capacity
is provided for future projects. Therefore, there is no impact to this issue and no mitigation is necessary.
g) No Impact. The project will not conflict with adopted policies, plans, or programs supporting alternative
transportation in that the new pazking ordinance will better organize and supplement Tustin's existing parking regulations
to provide a comprehensive parking code to clarify and strengthen regulations. These regulations aze consistent with the
City's Circulation Element which addresses the circulation improvements needed to provide adequate capacity for future
land uses. The Element establishes a hierarchy of transportation routes with specific development standazds. Future
projects will be required to conform to the City's Circulation Element based on individual review. Therefore, there is no
impact to this issue and no mitigation is necessary.
_ :vtigation Measnres/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XVI U'TII.ITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment
requirements of the applicable
Regional Water Quality Control
Board?
27
Code Amendment OS-0O1 (CA 08-001)
City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Irn~
Impact With Impact
Mitigation
Incorporated
b) Require or result in the construction of ^ ^ ^
new water or wastewater treatment
facilities or expansion of existing
facilities, the construction of which
could cause significant environmental
effects?
c) Require or result in the construction of ^ ^ ^
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects?
d) Have sufficient water supplies ^ ^ ^
available to serve the project from
existing entitlements and resources, or
are new or expanded entitlements
needed? Tn making this determination,
the City shall consider whether the
project is subject to the water supply
assessment requirements of Water
Code Section 10910, et. Seq. (SB 610),
and the requirements of Government
Code Section 664737 (SB 221).
e) Result in a determination by the ^ ^ ^
wastewater treatment provider which
serves or may serve the project that it
has adequate capacity to serve the
project's projected demand in addition
to the provider's existing
commitments?
f) Be served by a landfill with sufficient ^ ^ ^
permitted capacity to accommodate the
project's solid waste disposal needs?
28
Code Amendment 08-001 (CA 08-001) City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
g) Comply with federal, state, and local ~ ~ ~ ~
statutes and regulations related to solid
waste?
h) Would the project include a new or
retrofitted storm water treatment
control Best Management Practice
(BMP), (e.g. water quality treatment
basin, constructed treatment wetlands),
the operation of which could result in
significant environmental effects (e.g.
increased vectors and odors)?
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive pazking ordinance. No physical
improvements are proposed in conjunction with this project.
a) No Impact. The Tustin Planning Area is located within the jurisdiction of the Santa Ana Regional Quality Control
Board. Any wastewater generated by future projects would be subject to review for impacts on wastewater facilities.
Typically, any increase in wastewater flows resulting from anoff-street pazking project would be minimal. Future
•ojects would be required to comply with local and state regulations to minimize any potential impacts from hazardous
materials use. As discussed in Section VIII. Hydrology and Water Quality, any future project would be required to
implement standard BMPs to control storm water runoff at the project site. Therefore, no impacts are associated with this
project.
b) No Impact. Irvine Ranch Water District (IRWD) provides water and wastewater services and the Orange County
Sewer District provides wastewater services within the Tustin Planning Area, The amount of potabk water needed and
wastewater generated by a future project would most likely be nominal. Minor infrastructure improvements may be
required to provide on-site connections from the existing water and wastewater services to any new project. These minor
improvements would be reviewed on a case-by-case basis for any. potential to cause significant environmental impacts.
Since there aze no new wastewater treatments facilities or potable water facilities will be needed as part of this project
there are no impacts.
c) No Impact. As discussed in Response No. XVI a) above, future projects would be required to comply with local and
state regulations to minimize any potential impacts from expansion of existing facilities. Any future project would be
required to implement standazd BMPs to control storm water runoff at the project site. There are no impacts from
implementation of the proposed project. The project would also implement construction and post-construction BMPs in
compliance with the NPDES permit and Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce
erosion and polluted runoff. Therefore, there are no impacts associated with this issue.
d- e) No Impact. As discussed in Response No. XVI b) above, the increase in water demand from any future project is
anticipated to be nominal. New project would be reviewed on a case-by-case basis for any potential to cause significant
environmental impacts. No mitigation measures are required.
No Impact. CR&R Waste Services provides solid waste collection and disposal services to the City of Tustin. Any
sulid waste generated a future project would be diverted to a transfer station and then to the Bee Canyon/Bowerman
29
Code Amendment 08-001 (CA 08-001) City of Tustin
Landfill located at 11002 Bee Canyon Access Road in Irvine. The zoning code amendment does not propose any
construction however, future projects would be reviewed on an individual bases. Off-street parking is usually an acce
re uirement to a main use and typically generates only a nominal increase in waste. This increase would be well
q
the 900 tons of waste that Bee Canyon/Bowerman Landfill can accommodate. Furthermore, any future project would be
required to comply with local, state, and federal requirements for integrated waste management (i.e. recycling) and solid
waste disposal. Waste Management provides recycling opportunities to businesses and institutions, although
implementation of recycling programs by businesses and institutions is voluntary. The project is anticipated to have a no
impact on landfill capacity.
h) No Impact. A Standard Condition of Approval will be added to individual future projects requiring a Water Quality
Management Plan (WQMP) for the use of non structural and/or structural BMPs including but not limited to tenant
education, activity restrictions, street sweeping, landscaped areas with efficient irrigation and limited run-off, strategically
placed catch basins with fossil filters, and catch basin stenciling. BMPs required as part of an individual project would
not necessarily result in any significant environmental effect. No impact as part of this project.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. OC Watersheds http•//www ocwatersheds com/d~npreport/default.asnx?1I~1000358
Issues:
XVII MANDATORY FIlVDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory'1
b) Does the project have the potential to achieve
short-term environmental goals to the
disadvantage of long-term environmental
goals?
Potentially Less Than Less Than
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
^ a ^
^ ^ ^
No
Impact
~~
-Z~
30
Code Amendment OS-0O 1 (CA 08-001) City of Tustin
_-
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
c) Does the project have impacts that are ~ ~ ~
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a proj ect
are considerable when viewed in connection
with the effects of past projects, the effects of
other current project, and the effects of
probable future projects.)
d) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Discussion:
The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical
improvements aze proposed in conjunction with this project.
a) No Impact. The proposed pazking ordinance will provide an updated, consolidated, and comprehensive pazking
ordinance. The new pazking ordinance will better organize and supplement Tustin's existing pazking regulations to
rovide a comprehensive pazking code to clarify and strengthen regulations. There is no development proposed as part of
- phis Code Amendment, therefore, the project will not have the potential to significantly impact sensitive resources.
b) No Impact. As discussed in response XVIIa, the pazking ordinance will provide an updated, consolidated, and
comprehensive parking ordinance. The Code Amendments, as proposed, is consistent with the goals and objectives of the
City's General Plan. Therefore, the project is not expected to have any cumulatively considerable impacts.
c) No Impact. As demonstrated throughout this Initial Study, the proposed project will not have any significant effects
considered cumulatively considerable.
d) No Impact. As demonstrated throughout this Initial Study, the Code Amendment does not have environmental
effects which will cause substantial adverse effects on human beings, either directly or indirectly.
Mitigation Measnres/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
31
Attachment C
ORDINANCE NO. 1354
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADDING PART 6
TO CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING OFF-
STREET PARKING REQUIREMENTS TO ENSURE THAT SUFFICIENT OFF-STREET
PARKING FACILITIES ARE PROVIDED FOR ALL USES AND THAT PARKING
FACILITIES ARE PROPERLY DESIGNED AND MAINTAINED, AND AMENDING
TUSTIN CITY CODE SECTIONS 9221 TO 9228, 9231 TO 9235, 9241, 9242, 9251,
9271, 9297, AND 9299.
The City Council of the City of Tustin does hereby ordain as follows:
Section I. The City Council finds and determines as follows:
A. That the proposed amendment to the Tustin City Code is necessary to
strengthen, clarify and consolidate City of Tustin off-street parking standards and
parking design guidelines.
B. That the proposed code amendment is regulatory in nature and would provide for
more comprehensive implementation and enforcement of parking requirements
and standards.
C. That the City of Tustin has a substantial interest in protecting the aesthetic
appearance, public health and safety, and harmony of the community by
providing strengthened, clarified, and consolidated off-street parking
requirements and standards that address off-street vehicle storage, parking
availability, driveway design, and parking locations on private property.
D. That on October 16, 2007, and March 18, 2008, the Tustin City Council held
public workshops on the issues related to on-street parking and concluded that it
was in the community's interest to ensure that available off-street parking be
utilized and maintained.
~. That on April 15, 2008, the Tustin City Council held a public hearing and directed
staff to prepare a comprehensive parking ordinance.
F. That on May 27, 2008, a public hearing was duly noticed, called, and held on
Code Amendment 08-001 by the Planning Commission. The Planning
Commission recommended that the City Council approve Code Amendment 08-
001 by adopting Resolution No. 4091.
G. That on September 15, 2008, the Tustin City Council held an additional public
workshop on the issues related to on-street and off-street parking.
H. That the proposed amendment is considered a "project" subject to the terms of
the California Environmental Quality Act ("CEQA").
That the proposed code amendment is reasonably necessary to protect the
health, safety, and welfare of the citizens of the City of Tustin.
Draft Ordinance 1354
CA 08-001
Page 2
J. That the proposed amendment is consistent with the Tustin General Plan in that
it complies with the following goals and policies:
Goal 4: Assure a safe, healthy, and aesthetically pleasing community for
residents and businesses.
Policy 4.3: Where mixed uses are permitted, ensure compatible integration of
adjacent uses to minimize conflicts.
Policy 4.6: Maintain and enhance the quality of healthy residential
neighborhoods, and safeguard neighborhoods from intrusion by
non-conforming and disruptive uses.
Policy 5.6: Promote vigorous enforcement of City codes, including building,
zoning; and health and safety, to promote building and property
maintenance. Prioritize the Southwest area of the City for code
enforcement.
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.
:section II. Article 9 of the Tustin City Code is hereby amended as follows:
The following sections are hereby repealed in their entirety:
9221 a1.(i) 9225a1.(h) 9228b5.Q) 9234b(h)
9221 a1.(j) 9225a2.(i) 9228c7. 9234c(2)(a)
9221 b1.(h) 9225a2.Q) 9228c8. 9234c(2)(b)
9222a1.(i) 9225b1.(i) 9231 b7. 9234d(g)
9222a1.(j) 9225b1.Q) 9231 b8. 9234d(h)
9222a5.Q) 9225b2.(g) 9231 b9. 9234e(1)(h)
9222a5.(k) 9225b2.(k) 9231 c1.(c) 9234e(1)(i)
9222b1.(h) 9226a1.Q) 9231 c1.(e) 9235f(3)
9223a1.(i) 9226a1.(k) 9232b(b)(1) 9235f(9)
9223a1.Q) 9226a2.Q) 9232bQ)(6) 9241 c(h)
9223a6.Q) 9226a2.(k) 9232b(k)(7) 9241 c(i)
9223a7.(j) 9226b2.(h) 9232b(k)(8) 9241 c(j)
9223a7.(k) 9226b2.(i) 9232b(I)(1) 9242c(c)
9223b1.(h) 9226b3.(h) 9232c(2)(f) 9242c(d)
9224b7.(Off-street 9226b4.(h) 9232c(2)(g) 9251 b3.
parking) 9226b4.(i) 9233b(6) 9271 g
9224e6. 9226b5.(g) 9233b(7) 9271 k
9224e7. 9226b5.Q) 9233c(d)(1) 9271 n(6)
9224e8. 9227b6. 9233c(m)(6) 9271 as
922487. 9227b12. 9233c(m)(10) 9271 bb
922489. 9228b4.(g) 9233d(2)
9225a1.(g) 9228b5.(g) 9234b(g)
Graft Ordinance 1354
GA 08-001
Page 3
Section 9297 definitions regarding "Carport," "Driveway," "Garage, Private," and "Parking
Space," are hereby repealed in their entirety.
Section 9231d1. Is hereby amended to read as follows:
1. Professional, instructional, motivational and/or seminar schools.
flff n#r °# nr~rLinn r ~ it #~ fnr #h°e.° ~ ~~°e chnl~~~e~eYYS--t-~n a'se-FtYF
v..-~crecc-prn~crr,g--~ e~utre-~eRr~-,vr-cr~z+~~. ~. n Y
nh 7 c~#~ ra #c ~+# m~+ 'm~ im rnllm # .•inrl 1 c~n~ ° f nn c#n ~
eaor,~Qen eRrvm-rTeRr-urrv-~~pcr6c-rAf-ecru-H~ji,-a6~Af-A ,
Section 9232c(1) is hereby amended to read as follows:
(1) None of the above listed uses or any other use determined to be permitted shall
maintain any outside storage or work areas. "'^r °h°" +"°r° -,° °^„ °#nr°^° n4
Section 9233d(1) is hereby amended to read as follows:
(1) As specified in section 9233b above, unless otherwise indicated,
and nfF c~#r°°# n~+rLinn r°r.~ ~irnm°n#~ nn cn°nifi°rl in #h° ~ ~cn nnrmi4
Section 9235d(4) is hereby amended to read as follows:
(4) None of the above listed uses or any other use determined to be permitted shall
maintain any outside storage or work areas.
Section 9242b(h) is hereby amended to read as follows:
(h) Professional, instructional, motivational and/or seminar schools.
(1ff .+#r°°# n~+rLin~ fnr #hc+ ~ ~e.°e. ~h~ll h° ~e f°Ilnuro• /'ln° /'I \ ~n~r•° fnro~nh fi~ia /7\
n#~ ira°n#c ~+# ry, r.vim~ ~m °nrnllme~n# .+nrl nn° / 11 c~n~n° fnr e~.~nh inn#n ~n#nr nr nn° / 1 \
.~awc.~ ~.., ........,.~......,....~....,....."... ,....,.. .....~ ~ . i ..r.......~ .... ~ ........ ....... `....... , ... .....~ ~ . ~
a^~~fAr earn;-co-°~fee~-9~esvcpF°ca-•a+~~ca; whis~leifeF--~s Q,'-eai°~. ;r,
h,~we~/er~ vvS~es~e-I+Fl~e~-s~#I~feR~Ffl~er~-~eafSe #n;~
r°ivi sir°me+n#e~ e.h.ell h° ~~ fnllnuic• ~ln° /'I \ ~nr~n° fnr °~nh ins#r~ ~~#nr_nL ~c nne__/4 \
Section 9299b(1)(h) is hereby amended to read as follows:
(h) An increase of not more than ten (10) percent in the maximum permitted
dr-i~ewa~s driveway area within the front yard setback for residential districts or
the front yard for commercial and industrial districts.
Graft Ordinance 1354
GA 08-001
Page 4
Section 9299b(1)(i) is hereby added to read as follows:
A decrease in the number of required off-street parking spaces for residential
land uses by a maximum of one parking space. When a second residential unit
is being added under the provisions of Section 9222 or 9223, parking shall be in
accordance with the requirements of those sections.
Section 9299c(3)(a) is hereby amended to read as follows:
(a) Minor adjustments shall be granted only when such adjustments are found to be
in conformance with the General Plan and when, because of special
circumstances applicable to the property, including size, shape, topography, or
surroundings, the strict application of the Zoning Ordinance is found to deprive
the subject property of privileges enjoyed by other properties in the vicinity and
under identical zone classification. Any minor adjustment granted shall be subject
to such conditions as will assure that the adjustment thereby authorized shall not
constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity and district in which the subject property is situated.
Minor adjustment to reduce the required amount of nonresidential parking
shall be granted only when, in addition to the findings in Section
9299c(3)(a) above, the following findings can also be made:
{~~ The intent of the parking regulations is preserved;
~~ The parking provided will be sufficient to serve the use intended
and potential future uses of the same site; and
(-3~~ The adjusted decrease in the number of parking spaces shall
not be detrimental to the public health, safety or general welfare
or materially injurious to properties located in the general
vicinity.
(2) Minor adjustment to reduce the required amount of residential parking
shall be granted only when, in addition to the findings in Section
9299c(3)(a) above, the findings in Section 92646. can also be made.
Graft Ordinance 1354
C:A 08-001
Page 5
Part 6 is hereby added in its entirety to Article 9, Chapter 2 of the Tustin City Code to
read as follows:
PART 6 0FF-STREET PARKING
9260 -Purpose
9261 -Applicability
9262 -General Parking Regulations
9263 -Off-Street Parking Required
9264 -Reduction of Off-Street Parking Requirements
9265 -Transportation Demand Management (TDM)
9266 -Development Standards for Off-Street Parking
9267 -Driveways and Site Access
9268 -Off-Street Loading Space Requirements
9269 -Definitions
9260 -Purpose
The purpose and intent of this Chapter is to ensure that sufficient off-street parking.
facilities are provided for all uses and that parking facilities are properly designed and
maintained.
9261 -Applicability
Except as otherwise provided in this section, every use, including a change or expansion
of a use or structure shall have appropriately maintained off-street parking and loading
areas in compliance with the provisions of this Section. A use shall not be established
and structures shall not be occupied until improvements required by this Section are
satisfactorily completed.
A. Section 9252: Cultural Resource District (CR) standards shall take precedence
where applicable.
B. Standards established in an adopted Specific Plan, Planned Community,
Development Agreement, or similar governing document, shall take precedence
where applicable.
9262 -General Parking Regulations
A. Minimum Parking Requirements:
1. There shall be provided at the time of establishment of use and/or occupancy of
any building or structure a minimum number of off-street parking and loading
spaces as required in this chapter for said use, building and/or structure with
adequate provision for safe ingress and egress.
2. Parking and loading spaces provided shall be designed in conformance with this
section.
Draft Ordinance 1354
CA 08-001
Page 6
3. Parking and loading spaces may not be located within any front or side setback
area, except as provided in this Code.
4. Parking of vehicles on an unpaved surface is prohibited, except when approved
by a Temporary Use Permit.
B. Availability:
Required off-street parking areas and access ways shall be made permanently
accessible, available, marked and maintained for the purposes of temporary
vehicle parking and access only. Required parking and access ways shall not
be:
a. Rented, let, or used for storage of property, or used to park an inoperative or
non-motorized vehicle, or otherwise be blocked in any manner that would
impede access to or the use of any required parking space for the temporary
parking of vehicles. A vehicle parked on private residential property
belonging to or occupied by the owner of such vehicle for the purpose of
temporarily displaying them for sale shall be exempt from this prohibition,
provided such temporary display does not exceed ninety (90) days in any
calendar year.
b. Used for overnight parking except by residents or tenants with the
authorization of the property owner.
2. Required residential parking spaces shall be subject to the following:
a. Residents shall not store or park any non-motorized vehicles in any parking
space, driveway, or private street area except for the purpose of loading,
unloading, making deliveries or emergency repairs.
b. Garages shall be available for the parking of vehicles. Storage of personal
items may occur in a garage only to the extent that such storage does not
impede vehicle parking nor reduce the number or required minimum size of
the required garage space.
3. Required non-residential parking spaces shall be permanently available for
tenants, employees, customers and guests having lawful reason to be at the
premises for which the parking is required. In the absence of prior approval from
the Community Development Director,. it is unlawful for any owner, lessee,
tenant, or any persons having control of the operation of the premises to prevent,
prohibit, or restrict authorized persons from using the required parking.
C. Maintenance: It shall be the duty of the property owner to maintain and repair required
parking areas and associated improvements in accordance with this Code and any
other conditions imposed at the time of approval. Parking spaces, driveways,
maneuvering aisles, paving, light standards, walls, turnaround areas, landscaping
and other improvements shall be maintained in a good condition and be free of
debris, graffiti, and litter.
Draft Ordinance 1354
CA 08-001
Page 7
9263 -Off-Street Parking Required
Each land use shall provide at least the minimum number of off-street parking spaces
required by this Section, except where a greater number of spaces are required through
a land use entitlement approval or where an exception has been granted in compliance
with Section 9264 (Reduction of Off-Street Parking Requirements).
A. Expansion of any structure or change in use. When a structure is enlarged or
increased in capacity or intensity, or when a change in use requires more off-street
parking, additional parking spaces shall be provided for the proposed change in
compliance with this Section.
B. Mixed-use/multi-tenant developments. Except as provided in Section 9264A,
whenever two (2) or more uses identified in this chapter exist within separate tenant
spaces on the same site or within the same building:
1. The number of parking spaces required of each separate tenant space shall be
determined separately at the rates established in this chapter for each use.
2. Except as provided in section 9263B.3., parking for ancillary activities or uses
within all zoning classifications shall be provided at the parking ratio required of
the primary use.
3. Within the PM and M zoning classifications, ancillary activities or uses within a
single tenant space not exceeding ten (10) percent of the tenant's gross floor
area shall be calculated at the parking ratio of the primary use. Parking required
for activities or uses within a single tenant space that exceed ten (10) percent of
the gross floor area of the tenant space shall be determined separately at the
rates established in this chapter for each use.
C. Uses not listed. Uses not specifically listed in Section 9263G (Table 1) shall provide
parking as required in a written determination by the Community Development
Director on the basis of the requirements for similar uses. The Community
Development Director shall use the requirements of Section 9263.G as a general
guide in determining the minimum number of off-street parking spaces to be
provided.
D. Gross Floor Area. Gross floor area shall be used as a basis for calculating the
number of parking spaces required in this section. Gross floor area shall be
measured as the area bounded by the outer face of exterior walls including auxiliary
common areas such as a hallway, lobby, and restroom.
E. Rounding of quantities. When calculating the number of parking spaces. required,
any fractional space shall be rounded up to the next whole number.
F. Company-owned vehicles. The number of parking spaces required by this Section
does not include spaces for company-owned vehicles. Parking spaces for company-
owned vehicles shalt be provided in addition to the number of parking spaces
required for the primary use.
Draft Ordinance 1354
CA 08-001
Page 8
G. Parking requirements by land use. The minimum number of parking spaces to be
provided for each use shall comply with Table 1.
TABLE 1
PARKING REQUIREMENTS BY LAND USE
Land Use T e Parking S aces R aired.
Manufacturing and Processing
General manufacturing, industrial 1 space for each 500 sq. ft. of gross floor
uses area
Research and development, 1 space for each 500 sq. ft. of gross floor
laboratories area
Warehouses and storage facilities 1 space for each 1,000 sq. ft. of gross floor
for the first 20,000 sq. ft. of gross floor area
and 1 space for each 2,000 sq. ft. of gross
floor area for the next 20,000 sq. ft.; and 1
space for each 4,000 sq. ft. thereafter
Wholesale operations not used 1 space for each 1,000 sq. ft. of gross floor
exclusively for storage area, less that area devoted to office or
sales, which shall be 1 space for each 250
sq. ft. of gross floor area
Recreation, Education, Public Assembly
Adult day care centers 1 space for each employee on maximum
shift, plus 1 space for each 5 clients at
maximum enrollment
Child day care centers 1 space for each employee and teacher on
maximum shift, plus 1 space for each 5
children at maximum enrollment
Cinemas, movie theaters 1 space for each 3 fixed seats
Commercial trade or business 1 space for every 3 students at maximum
schools, instructional capacity of each classroom, plus one space
for each faculty member and employee
Golf courses 6 spaces for each hole; plus additional
spaces for other related uses on the site
Driving ranges 1 space for each tee
Miniature golf courses 3 spaces for each hole
Indoor recreation/fitness centers
Arcades 1 space for each 200 sq. ft. of gross floor
area
Bowling alleys 5 spaces for each lane, plus required spaces
for ancillary uses
Health/fitness clubs 1 space for each 150 sq. ft. of gross floor
area, including swimming pool area
Pool and billiard rooms 2 spaces for each table, plus 1 space for
each 250 sq. ft. of indoor gross floor area
excepting the pool and billiard area, plus as
required for ancillary uses
Graft Ordinance 1354
C:A 08-001
F'age 9
TABLE 1
PARKING REQUIREMENTS BY LAND USE
Land Use Type Parking Spaces Required
Skating rinks 1 space for each 150 sq. ft. of gross floor
area, plus 1 space for each 250 sq. ft. of
indoor gross floor area excepting the skating
rink area, plus as required for ancillary uses
Libraries, museums, art galleries 1 space for each 300 sq. ft. of gross floor
area
Performance theaters, meeting 1 space for each 3 fixed seats; or if no fixed
halls and membership seats are provided, 1 space for every 35 sq.
organizations ft. of gross assembly or viewing area
Places of assembly not specified 1 space for each 3 fixed seats; or if no fixed
elsewhere seats are provided,1 space for every 35 sq.
ft. of gross assembly area, classrooms,
meeting rooms, etc., based on the most
intense simultaneous use
Schools (Private) Elementary, 1 space per 3 students, plus adequate drop
Middle, and High Schools off/loading area as approved by the
Community Development Director
Colleges/Universities (excluding 1 space per 3 students
related residential uses)
Studios for dance, art, martial arts, 1 space for each instructor plus 1 space for
one-on-one personal fitness each 3 students present at any one time
Tennis /racquetball /handball or 1.5 spaces for each court, plus 1 space for
other courts each 250 sq. ft. of indoor gross floor area
excepting the court area, plus as required for
ancillary uses
Residential Uses
Dormitories, fraternities, sororities, 1 space for each 2 beds
and rooming/boarding houses
Duplex housing units (not within a 2 spaces, within a garage, for each unit plus
multi-family complex) 1 space for open, unassigned guest parking
per 4 dwelling units
Large family day care homes 1 space for each nonresident employee, in
addition to the required residential spaces,
plus adequate drop-off area as approved by
the Community Development Director
Mobile homes (in mobile home 2 covered spaces for each mobile home
parks) (tandem parking permitted in an attached
carport), plus 1 guest parking space for each
10 units
Multi-family housing 2 covered spaces for each dwelling unit, plus
1 unassigned guest space for every 4 units
Second residential units 2 spaces, within a garage, in addition to that
required for the primary single-family unit
Draft Ordinance 1354
CA 08-001
Page 10
TABLE 1
PARKING REQUIREMENTS BY LAND USE
Land Use Tye Parkin Spaces Required
Senior citizen congregate care 1 space for every 3 beds
housing
Senior citizen multi-family housing 1 space for each unit with 50 percent of the
spaces as covered spaces, plus 1 guest
parking space for each 10 units
Single-family housing 2 spaces, within a fully enclosed garage, for
each unit with 4 or fewer bedrooms, and 3
spaces, within a fully enclosed garage, for
each unit with 5 or more bedrooms.
Retail Trade
Automobile parts and supplies, 1 space for each 400 sq. ft. of gross floor
including mobile home and vehicle area
machinery
Banks and financial services 1 space for each 250 sq. ft. of gross floor
area
Building materials, hardware 1 space for each 250 sq. ft. of indoor display
stores, and plant nurseries area, plus 1 space for each 1,000 sq. ft. of
outdoor display area
Convenience stores 1 space for each 250 sq. ft. of gross floor
area
Nightclubs and dance halls 1 space for each 7 sq. ft. of dance floor area,
plus 1 space for every 35 sq. ft. of additional
gross floor area, plus as required for
ancillary uses (restaurant, etc.)
Restaurants, cafes, cafeterias, 1 space for each 100 sq. ft. of gross floor
lounges, or similar establishments area, plus minimum 7 car stacking space for
for the consumption of food and drive-through
beverages on the premises
Restaurants, delicatessens; take 1 space for each 250 sq. ft. of gross floor
out only and includes ancillary area, plus minimum 7 car stacking space for
uses drive-through
Retail stores: General 1 space for each 250 sq. ft. of gross floor
merchandise area
Retail stores: Appliance, furniture, 1 space for each 500 sq. ft. of gross floor
and bulk good stores area
Service Uses
Hotels and motels 1 space for each guest room, plus 1 space
for each 2 employees on largest shift, plus
requirements for related commercial uses,
plus 1 space for each 50 square feet of
gross floor area for assembly or conference
rooms.
Kennels and animal boarding 1 space for each 500 sq. ft. of gross floor
area
Draft Ordinance 1354
CA 08-001
Page 11
TABLE 1
PARKING REQUIREMENTS BY LAND USE
Land Use T Parking Spaces Required..
Laundromats 1 space for every 3 washing machines or
one space for each 250 sq. ft. of gross floor
area, whichever is greater
Medical services
Clinics, medical/dental 1 space for each 250 sq. ft. of gross floor
offices area for the first 4,000 sq. ft. of medical
space within a building or center and 6
spaces for each 1,000 sq. ft. of gross floor
area in excess of 4,000 square feet; except
for locations in the Combining Parking
District (P) where 1 space for each 300 sq.
ft. of gross floor area shall apply
Extended care (elderly, 1 space for each 4 beds the facility is
skilled nursing facilities, licensed to accommodate
etc. )
Hospitals 2 spaces for each patient bed the facility is
licensed to accommodate, plus required
spaces for ancillary uses as determined by
the review authority
Medical/dental labs 1 space for each 300 sq. ft. of gross floor
area
Offices, administrative, corporate 1 space for each 250 sq. ft. of gross floor
area for the first 25,000 sq. ft. and 1 space
for each 300 sq. ft. thereafter; except for
locations in the Combining Parking District
(P) where 1 space for each 300 sq. ft. of
gross floor area shall apply
Pet grooming 1 space for each 500 sq. ft. of gross floor
area
Personal services
Barber/beauty shops (and 1 space for each 250 sq. ft. of gross floor
other personal services: area
massage therapy, tanning
salon)
Service stations 1 space for each pump island, plus 4 spaces
for each service bay, plus additional spaces
for accessory uses
Storage, personal self-storage 1 space for each 2,000 sq. ft. of gross floor
facilities area, plus 2 spaces for a resident manager
Vehicle repair and maintenance
Auto Repair 4 spaces for each service bay, plus
adequate queuing lanes for each bay
Car washes-self serve 2.5 spaces for each washing stall, for
queuing and drying
Draft Ordinance 1354
CA 08-001
Page 12
TABLE 1
PARKING REQUIREMENTS BY LAND USE
Land' Use>Type Parking Spaces Required
Car washes-full serve 10 spaces, plus 10 spaces for each wash
lane for drying area, plus queuing area for 5
vehicles ahead of each lane
Veterinary clinics and hospitals 1 space for each 250 sq. ft. of gross floor
area for the first 4,000 sq. ft. of medical
space within a building or center; and 6
spaces for each 1,000 sq. ft. of gross floor
area in excess of 4,000 square feet.
Video rental 1 space for each 250 sq. ft. of gross floor
area
H. Disabled/Handicapped Parking Requirements. Parking areas shall include parking
spaces accessible to the disabled in the following manner:
1. Number of spaces and design standards. Parking spaces for the disabled shall
be provided in compliance with the accessible parking requirements contained in
the California Building Code.
2. Reservation of spaces required. Disabled accessible spaces required by this
Section shall be reserved by the property owner/tenant for use by the disabled
throughout the life of the approved land use.
3. Upgrading of markings required. Standards for the marking, striping, and signing
of disabled parking spaces, disabled accessible spaces within the City shall be in
compliance with the State standards. Upgrading to the State standards shall be
completed by affected property owners within sixty (60) days of their being
notified in writing by the City of new State standards, or within a time period and
in a manner prescribed by State law, whichever is earlier.
4. Fulfilling of requirements. Disabled accessible parking spaces required by this
Section shall count toward fulfilling off-street parking requirements.
9264 -Reduction of Off-Street Parking Requirements
A. Joint use of parking areas. With the approval of a Conditional Use Permit, parking
facilities may be used jointly for nonresidential uses with different peak hours of
operation. Requests for a minor Conditional Use Permit for shared parking shall
meet all of the following requirements:
A parking study prepared by a California licensed traffic engineer or civil engineer
experienced in the preparation of such study shall be submitted by the applicant
demonstrating that no substantial conflict will exist in the peak hours of parking
demand for the uses for which joint use is proposed. The methodology to be
used in preparing the study shall be that promulgated by the Institute of
Transportation Engineers (ITE);
Draft Ordinance 1354
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Page 13
2. The number of parking spaces which may be credited against the requirements
for the structures or uses involved shall not exceed the number of spaces
reasonably anticipated to be available during different hours of operation;
3. Parking spaces designated for joint use shall be located so that they will
adequately serve the uses for which they are intended;
4. A written and recorded agreement shall be drawn to the satisfaction of the City
Attorney and Community Development Director and executed by all parties
concerned assuring the continued availability of the number of parking spaces
designated for joint use and availability of reciprocal access easements.
5. Zoning Administrator approval of a minor Conditional Use Permit is required for
parking areas serving structures totaling less than thirty thousand (30,000)
square feet. Planning Commission approval of a Conditional Use Permit is
required for all other parking areas with joint-use parking.
B. Historic Resource Residential Parking. When associated with a recognized historic
resource, as identified in this section, the number of required off-street parking
spaces may be decreased by one (1) garage or parking space upon Zoning
Administrator approval of a minor adjustment per Section 9299 (Zoning
Administrator). Approval of a minor adjustment can be made when all the following
circumstances are found to apply:
1. The adjusted decrease is for parking that serves a residence that is currently
listed or is qualified to be listed in the City's Historical Resources Survey.
2. A minimum one-car garage is provided on-site.
3. Providing a new garage space or access to a new garage could result in the
significant alteration or demolition of any historic structure or resource listed or
eligible to be listed in the City's Historical Resources Survey including historic
garages that contribute to the listing of the structure or resource.
4. New increases in square footage would not exceed one hundred fifty (150)
percent of the square footage of the structure that legally existed as of the date of
adoption of this Ordinance; and, the total gross floor area of the residence does
not exceed two thousand (2,000) square feet, including any detached habitable
space (e.g. guest house, etc.).
5. The required number of parking spaces can be accommodated off-street outside
of a fully enclosed garage within an existing legal driveway, tandem space,
carport, etc.
6. The adjusted decrease is granted as a means to preserve the integrity of the
historic structure.
7. That the design of the modification to the historic resource will be a positive
contribution to the community.
Draft Ordinance 1354
CA 08-001
Page 14
8. The adjusted decrease is not associated with the addition of a second residential
unit as authorized in Sections 9222 and 9223 of this Code.
C. Reduction in parking due to American Disabilities Act (ADA) upgrade. When required
solely as a need to upgrade existing parking facilities to comply with Title 24, Title III
and California Code of Regulations (CCR), or other California Access Codes or
requirements, the total number of required parking spaces may be reduced at the
discretion of the Community Development Director. The property owner shall
demonstrate that by bringing the site into conformity with State and Federal ADA,
required non-accessible parking spaces will be unavoidably lost and shall submit a
parking lot site plan that clearly identifies the entire onsite parking area showing that
the loss of required non-accessible parking spaces is unavoidable by parking space
redesign.. The Community Development Director may require appropriate parking lot
redesign options that maintains any portion of the number of required non-accessible
parking spaces.
9265 -Transportation Demand Management (TDM)
Where applicable, trip reductionlTDM program plans shall be prepared for review and
approval in compliance with the City's TDM Ordinance (Article 9, Chapter 9 of the Tustin
City Code) or by the Air Quality Management District. Compliance and enforcement
provisions of the City's TDM Ordinance shall apply.
9266 -Development Standards for Off-Street Parking
Off-street parking areas shall be provided in compliance with the following standards.
A. Access. Access to off-street parking areas shall be provided in the following manner:
1. Parking areas shall provide adequate maneuvering room so that vehicles enter
an abutting street or alley in a forward direction. Single family residential and
duplex residential uses shall be excluded from this requirement except when
driveways take access from a designated major arterial highway;
2. All parking spaces shall have a minimum seven (7) foot vertical clearance. The
front three (3) feet of a parking space in an enclosed garage or carport in a
residential zone, however, may have a vertical clearance of four (4) feet to allow
for enclosed storage to be provided above a vehicle's hood (See Figure 1).
B. Location, Non-Residential. Off-street parking areas shall be located in the following
manner:
1. Parking spaces shall be permanently accessible.
2. Required parking spaces shall be located on the same parcel or center as the
activities or uses served, except that required parking spaces may be located
within five hundred (500) feet of the parcel served if subject to a recorded
covenant running with the land, subject to City Attorney approval, that shall be
recorded against the affected parcel by the owner of the parking lot guaranteeing
Draft Ordinance 1354
CA 08-001
Page 15
to the City that the required parking spaces will be maintained for the use or
activity served.
3. Car pool and bicycle spaces shall be located as close as practical to the
entrance(s) of the use they are intended to serve. Spaces shall be situated so
that they do not obstruct the flow of pedestrians at entrances or sidewalks.
C. Location, Residential. Parking in residential zoning districts shall comply with the
following regulations:
1. Vehicles shall not be parked between the street property line and the front or side
of the residential unit except on a legal driveway, parking space, garage or
carport approved by the City.
2. Storage of a recreational vehicle is prohibited except when located outside of any
required front, side, or rear yard setbacks, on a paved surface, and when fully
screened from view from the public right-of-way and adjoining properties by a
wall or fence to a minimum height of six (6) feet and landscaping in a manner
approved by the Community Development Director. No habitation is allowed at
any time.
3. Recreational vehicles may be temporarily parked on driveways in front of
residences for not more than forty-eight (48) hours within any seven (7)
consecutive day period of time for the purpose of loading and unloading only.
4. In multi-family residential developments, parking shall only be permitted in
designated parking spaces approved by the City.
5. Fabric, plastic or other temporary shade structures designed or utilized for
sheltering vehicles or parking purposes are prohibited.
6. No commercial or commercially licensed vehicle shall be stored on any
residentially zoned or used property. No commercial or commercially licensed
vehicle with a gross vehicle weight of over twelve thousand (12,000) pounds is
allowed to be parked on any residentially zoned or used property or on any
private residential street.
7. A vehicle shall not be parked across or otherwise block any private or public
sidewalk.
D. Parking space design and dimensions:
1. Residential uses. Minimum parking dimensions shall be as indicated in Table 2
and as illustrated by Figure 2. Compact stalls shall not be allowed as required
parking for residential uses.
Draft Ordinance 1354
GA 08-001
Page 16
TABLE 2
MINIMUM PARKING STALL AND LOT DIMENSIONS -RESIDENTIAL USES
Standard Stall
T e of Stali Len th/Vlfidth Door O nin
Covered
ara a/car ort 20 feet/10 feet, inside
dimensions 8 feet min (single car opening)
16 feet min two-car o enin
Standard S aces shall conform to the standards in Table 3.
2. Nonresidential uses. Minimum parking dimensions shall be as indicated in Table
3 and as illustrated by Figures 3, 4, 5, 6, and 7.
TABLE 3
MINIMUM PARKING STALL AND LOT DIMENSIONS -
NONRESIDENTIAL USES
Standard. Stal(
T e of Stall Len th/UVidth
Standard 19 feet/9 feet
Compact 17 feet/8 feet
One-Wav Traffic and Single Loaded Aisles in Parking Lot
Parking
angle
de tees Stall depth, including
bumper overhang Aisle width
(travel lane} Total bay depth
30 17 feet 4 inches 11 feet 28 feet 4 inches
45 19 feet 10 inches 13 feet 32 feet 10 inches
60 21 feet 18 feet 39 feet
75 20 feet 7 inches 21 feet 11 inches 42 feet 6 inches
90 19 feet 25 feet 44 feet
One-Wav Traffic and Double Loaded Aisles in Parking Lot
Parking
angle
d tees Stall depth, including
bumper overhang Aisle width
(travel- lane) Total bay depth
30 17 feet 4 inches 11 feet 45 feet 7 inches
45 19 feet 10 inches 13 feet 52 feet 7 inches
60 21 feet 18 feet 60 feet
75 20 feet 7 inches 21 feet 11 inches 63 feet 1 inch
90 19 feet 24 feet 62 feet
Two-Wa Traffic and Double Loaded Aisles in Parkin Lot
Parking
angle
d tees Stall depth, with
bumper overhang Aisle width
(travel lane) Totat bay depth
30 17 feet 4 inches 24 feet 58 feet 8 inches
45 19 feet 10 inches 24 feet 63 feet 8 inches
60 21 feet 24 feet 66 feet
75 20 feet 7 inches 24 feet 65 feet 2 inches
90 19 feet 24 feet 62 feet
Draft Ordinance 1354
CA 08-001
Page 17
a. Aisle width for internal circulation. The minimum aisle width for two-way traffic
with no parking spaces is twenty (20) feet and minimum twelve (12) feet for
one-way traffic with no parking spaces.
b. Parallel parking spaces. Parallel parking spaces shall have minimum width of
nine (9) feet and a minimum length of twenty-two (22) feet as shown in
Figure 8.
c. Drainage. Off-street parking/loading areas shall be designed and constructed
to ensure that surface water will not drain over sidewalks or adjacent parcels.
Surface water shall be directed to landscape areas or bio-filtration planters
and shall not be directed onto adjacent paved areas. Parking area design
must comply with the City of Tustin Water Quality Ordinance and all Federal,
State, and Regional Water Quality Control Board rules and regulations.
d. Compact parking spaces. Compact car spaces may be provided as follows:
Compact car parking spaces may be provided in addition to and not in
lieu of required parking.
2. Each compact space shall be clearly marked as a compact space in
letters not less than twelve (12) inches high and seven (7) inches wide,
reading "Compact" or as otherwise allowed by code.
3. Compact. parking spaces shall be located along the perimeter of parking
areas, away from any entrance to buildings and uses.
e. Wheel stops/curbing. Wheel stops or concrete curbing at least six (6) inches
high and six (6) inches wide shall be provided for parking spaces located
adjacent to walkways, fences, walls, property lines, landscaped areas and
structures.
Overhang. Parking stalls and wheel stops may be designed to allow a vehicle
to overhang into landscaped areas a maximum of two (2) feet. A vehicle
overhang shall not encroach into any walk way, drive aisle or other path of
travel.
g. Queuing Distance. Parking lot entries accessed from a public or private street
shall access driveways that are not intersected by a parking aisle, parking
space, or another access driveway for a minimum twenty (20) feet from the
property line, to provide a queuing area for vehicles entering and exiting the
parking area. See Figure 9 (Access to Parking Spaces).
E. Landscaping.
1. A minimum of five (5) percent of the interior parking lot area shall be permanently
landscaped. The area of the parking lot shall be computed by adding areas used
for access drives, aisles, stalls, and maneuvering. Required setback or buffer
Draft Ordinance 1354
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Page 18
areas between the parking lot and property lines shall not be counted towards
satisfying the parking lot landscape requirement.
2. Perimeter parking lot landscaping shall be minimum five (5) feet wide. The
minimum perimeter parking lot landscaping along street frontages shall be
minimum ten (10) feet wide for parking lots abutting any major arterial highway.
3. Perimeter parking lot landscaping shall be designed and maintained to screen
cars from view from the street to a height of thirty (30) inches to forty-two (42)
inches. Screening materials may include a combination of plant materials, earth
berms, solid masonry walls, raised planters, or other screening devices which
meet the intent of this requirement. Trees shall be provided in these locations at
a rate of one for every twenty (20) lineal feet of landscaped area. Plant materials,
signs, or structures within a traffic safety sight area of a driveway shall not
exceed twenty-four (24) inches in height.
4. Areas within the parking lot that are not used for parking or other approved uses
shall be landscaped.
5. At least one (1) twenty-four (24) inch box tree for every six (6) parking spaces
shall be included in the development of the landscape program for the site.
Trees must be dispersed throughout the parking lot and shall be planted in
locations that do not conflict with vehicle or pedestrian movement and access.
6. A permanent and automatic irrigation system shall be installed and maintained in
all landscaped areas to insure proper maintenance of plant materials.
7. A six (6) foot eight (8) inch high decorative masonry wall shall be provided along
the property line where a parking area, driveway, or vehicle turning area on a
non-residentially zoned parcel abuts a residentially zoned parcel. Within a
required front yard, the wall shall not exceed three (3) feet in height subject to
visual clearance requirements at driveways. The Community Development
Director may waive or modify this requirement to protect the visual clearance of
adjacent residences or where screening is not necessary due to existing grade
differentials or other reasons deemed acceptable by the Community
Development Director.
F. Lighting. Parking facilities shall provide lighting in compliance with the requirements
of Tustin City Code Section 4101, and other applicable requirements.
G. Design for carports and garages.
1. Carports/covered parking shall have a solid roof structure that completely covers
a carport parking stall. Lockable storage space of at least ninety (90) cubic feet
shall be provided in carports and shall be designed and maintained so as not to
obstruct vehicle access to the required parking space (see Figure 1). Carports
shall be screened from public view by a solid wall.
2. Garages shall be completely enclosed on all sides, have a solid roof and a
lockable door.
Draft Ordinance 1354
C.A 08-001
Page 19
H. Residential guest parking. Off-street guest parking in residential zoning districts shall
be designated and restricted, with appropriate signs/pavement markings, for the
exclusive use of the guests.
I. Shopping cart storage. Shopping cart storage areas shall not be located within
required parking spaces.
J. Striping and identification.
Parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly
marked with directional arrows and lines to ensure the safe and efficient flow of
vehicles. If double stripes are used, parking space widths shall be measured
from the center of the double stripes. The Community Development Director
may require the installation of traffic signs in addition to directional arrows to
ensure the safe and efficient flow of vehicles in a parking facility.
2. Parking spaces for the disabled and compact spaces shall be striped and signed
in compliance with applicable State standards and as contained in this chapter.
3. Parking spaces provided for motorcycle use only shall have bollards installed and
be appropriately spaced to prevent automobile usage of the motorcycle area.
Motorcycle spaces shall be marked so that they can be clearly identified for
motorcycle use only.
K. Tandem parking. Except as otherwise permitted in this chapter, tandem parking shall
be prohibited.
L. Valet parking. Valet parking may be allowed subject to the approval of a Conditional
Use Permit and that adequate drop-off area is provided. Tandem parking in
conjunction with valet parking may be allowed subject to plan approval through a
Conditional Use Permit.
M. Interpretations. The parking lot design standards may be interpreted by the
Community Development Director for conditions not already specified in this section.
9267 -Driveways and Site Access
A. Driveways for Residential Uses.
The driveway width within the front yard setback 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 (3) 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.
For lots at the ends of cul-de-sacs with lot frontages of less than forty (40) feet,
the parking and driveway areas within the front yard setback shall not exceed
seventy-five (75) percent of the total front yard setback. The total width may be
divided for properties with two (2) driveways.
2. Circular driveways shall have a minimum outside radius of twenty-five (25) feet.
Draft Ordinance 1354
CA 08-001
Page 20
3. Detached single family residential unit parking and driveway areas within the
front yard setback shall be separated with a minimum of a three (3) foot wide
landscape area between the parking or driveway area and the adjacent side or
rear property line.
4. A driveway leading to a parking area for duplexes, condominiums, and dwelling
units located on a flag lot may be located, in part, along the driveway of a
contiguous lot and may, in part, be a common driveway which provides access to
more than one (1) dwelling unit.
5. Paved areas (e.g., parking of vehicles or providing pedestrian access to the
residence) may be provided within the front yard setback of residential districts if
the total paved area does not exceed fifty (50) percent of the total front yard
setback area, the parking of vehicles does not obstruct ingress and egress to
required parking, and all of the requirements of this Zoning Code can be met.
6. Where garages face each other and are separated by a shared driveway, the
minimum driveway width shall be twenty-five (25) feet. See Figure 10 (Minimum
Driveway Width for Garages with Shared Driveway).
B. Driveways for Commercial and Industrial Districts. One-way driveways within the
front yard area shall have a minimum width of fourteen (14) feet and a maximum
width of twenty (20) feet. Two-way driveways within the front yard area shall have a
minimum width of twenty-four (24) feet and a maximum width of thirty-five (35) feet.
C. Paved areas. 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 shalt 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.
D. On August 6, 2001, the City Council adopted Ordinance No. 1240 requiring all lots to
be in compliance with this subsection. Any excess paved areas are to be
discontinued, removed, or altered to conform to the provisions of this subsection
after the latter of the following dates: (a) within thirty-six (36) months of the effective
date of Ordinance No. 1240 (September 6, 2001); or (b) the date of notice of
abatement issued by the Director of Community Development or the Director's
designee.
9268 -Off-Street Loading Space Requirements
A. Number of loading spaces required. Off-street loading spaces shall be provided as
identified in Table 4, below:
Draft Ordinance 1354
CA 08-001
Page 21
TABLE 4
REQUIRED LOADING SPACES
Type of Land Use Tofa[ Gross Floor Area Loading Spares
R aired
Industrial, manufacturing, 5,000 to 19,999 s . ft. 1
research and 20,000 to 39,999 s . ft. 2
development, and 40,000 to 79,000 s . ft. 3
institutional uses 80,000 sq. ft. and over 4 plus 1 space for each
additional 50,000 s . ft
Office, hotels, hospitals 5,000 to 49,999 s . ft 1
and other non-goods 50,000 to 99,999 s . ft. 2
handling uses 100,000 s . ft. and over 3
Retail stores, restaurants 5,000 to 14,999 s . ft. 1
and other goods handling 15,000 to 44,999 s . ft 2
uses 45,000 s . ft. and over 3
All nonresidential uses Less than 5,000 s . ft. 0
The number of loading spaces required is based on the total gross floor area of
the entire center. Requirements for uses not specifically listed shall be
determined by the Community Development Director based upon the
requirements for comparable .uses and upon the particular characteristics of the
proposed use.
B. Standards for off-street loading areas. Off-street loading areas shall be provided as
follows.
Dimensions. The acceptable dimensions of the required loading spaces shall be
determined and approved through the Design Review process.
2. Lighting. Loading areas shall have lighting in compliance with city requirements.
3. Loading doors and gates. Loading bays and roll-up doors shall be painted to be
compatible with the color of the exterior structure wall(s) and be located on the
rear of the structure away from public view. Loading bays and doors may be
located on the side of a structure, away from a street frontage, where the
Community Development Director determines that the bays, doors, and related
tracks can be adequately screened from view from adjacent streets.
4. Loading ramps. Plans for loading ramps and/or truck wells shall be accompanied
by a profile drawing showing the ramp, ramp transitions, well, and overhead
clearances when required by the Community Development Director.
5. Location. Loading spaces shall be located and designed to:
a. Ensure that the loading facility is screened from adjacent streets as much as
possible;
b. Ensure that loading and unloading takes place on-site and in no case within
adjacent public rights-of-way or other traffic areas on-site;
Draft Ordinance 1354
CA 08-001
Page 22
c. Ensure that vehicular maneuvers occur on-site; and
d. Avoid adverse noise impacts upon neighboring residential properties.
6. Screening. Loading areas abutting residentially zoned parcels shall be screened
when required by the Community Development Director.
7. Striping. Loading areas shall be striped indicating the loading spaces and
identifying the spaces for "loading only." The striping shall be permanently
maintained by the property owner/tenant in a clear and visible manner at all
times.
Craft Ordinance 1354
CA 08-001
Page 23
C:. Figures
1. The figures in this section are a visual representation of the requirements provided in
this chapter.
FIGURE 1
VERTICAL CLEARANCE -PARKING SPACE
IN ENCLOSED GARAGE OR COVERED PARKING
3
1
2
~~
0
CROSS-SECTION
Figure 1: Vertical Clearance: Parking space in enclosed garage or covered parking
1. Minimum vertical clearance height -seven (7) feet
2. Minimum vertical clearance height at front of space -four (4) feet
3. Maximum horizontal distance allowed for Note 2 above -three (3) feet
Draft Ordinance 1354
CA 08-001
Page 24
FIGURE 2
MINIMUM GARAGE DIMENSIONS
TWO-CAR GARAGE
Figure 2: Minimum Garage Dimensions
A. Two-car Garage
1. Interior width -twenty (20) feet
2. Interior length -twenty (20) feet
3. Door opening -sixteen (16) feet
B. One-car garage or garage with separate openings and interior posts
4. Interior width for one-car space -ten (10) feet
5. Interior length for one-car space -twenty (20) feet
6. Door opening -eight (8) feet
Garage with separate
openings and interior posts.
Draft Ordinance 1354
CA 08-001
Page 25
FIGURE 3
PARKING STALL DIMENSIONS
STANDARD COMPACT
SPACE SPACE
8
I s I
I ~ I
~ 3
I 1 ~ I
I g I
I $ I
I ~ 4 I
I ~
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I
2
I
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I I
Figure 3: Standard Parking Stall Dimension
1. Standard stall length -nineteen (19) feet
2. Standard stall width -nine (9) feet
3. Compact stall length -seventeen (17) feet
4. Compact stall width -eight (8) feet
Draft Ordinance 1354
CA 08-001
Page 26
FIGURE 4
PARKING OVERHANG STANDARDS
CONTINUOUS CURB
O O SHRUB WALKWAY
~ ~
OVER-
I PARKING STALL HANG I
PERMANENT
fl OBSTRUCTION
WHEEL STOPS
O O II
n ~~
OVER-HANG
~ PARKING STALL I
Figure 4: Parking Overhang Standards
WALL OR OTHER
1. Parking length -seventeen (17) feet minimum
2. Overhang length -two (2) feet maximum
Draft Ordinance 1354
GA 08-001
Page 27
FIGURE 5
SAMPLE PARKING LOT
90° -SINGLE DRIVE AISLE
Figure 5: 90 degree -Single Drive Aisle
1. Stall dimensions: nine (9) feet by nineteen (19) feet
2. Drive aisles: twenty-four (24) feet
3. Parking Bay (inside curbs): sixty-two (62) feet minimum
4. Driveway in front yard area: twenty-four (24) feet to thirty-five (35) feet
5. Queuing distance: twenty (20) feet
6. Concrete curb: six (6) inches high by six (6) inches wide
7. Perimeter Wall: six (6) feet eight (8) inches when adjacent to residential property or use
8. Planters: one (1) tree per every six stalls
Draft Ordinance 1354
CA 08-001
Page 28
Figure 6: 90 degree -Double Drive Aisle
1. Stall Dimensions: nine (9) feet by nineteen (19) feet
2. Drive aisles: twenty-four (24) feet
3. Tree wells: one (1) tree per every six (6) stalls
4. Parking bay: sixty-two (62) feet
5. Interior circulation: twenty (20) feet
6. Driveway in front yard area: twenty-four (24) feet to thirty-five (35) feet
Draft Ordinance 1354
CA 08-001
Page 29
Figure 7
SAMPLE PARKING LOT
60°
5
V 1 Q
a
5
b
3
2
4
3
4
V ~ Q
6
--~-- ~ -- e _a
av ..
A
Figure 7: 60 degree
1. Stall Dimensions: nine (9) feet by
nineteen (19) feet.
2. Drive aisle width:
One way -eighteen (18) feet
Two way -twenty-four (24)feet
3. Tree wells: every sixth (6th) stall,
4. Parking bay depth:
One way -sixty (60) feet
Two way -sixty-six (66) feet
5. Interior Circulation:
One way -twelve (12) feet
Two way -twenty (20) feet
6. Driveway in front yard area:
One way -fourteen (14) feet to
twenty (20) feet
Two way -twenty-four (24) feet to
thirty-five (35) feet
Draft Ordinance 1354
CA 08-001
Page 30
FIGURE 8
PARALLEL PARKING
STANDARD
SPACE
Figure 8: Parallel Parking
1. Stall Length -twenty-two (22) feet
2. Stall Width -nine (9) feet
Draft Ordinance 1354
CA 08-001
Page 31
Figure 9
Access to Parking Spaces
U
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r
1 f'
1. Queuing Distance: Minimum twenty (20) feet
Figure 10
Minimum Driveway Width for Garages with Shared Driveway
1. Driveway width: Minimum twenty-five (25) feet
Draft Ordinance 1354
CA 08-001
Page 32
9.269 -Definitions
The following terms as used in this chapter shall have the respective meanings as set forth
except when the context clearly indicates otherwise.
Carport. An attached or detached unenclosed structure with a solid roof designed to shelter
motor vehicles.
Company-Owned Vehicles. Passenger, delivery, and/or other special purpose vehicles
owned and operated by business establishments located at a site.
Covered Space. A parking space located within any approved parking structure constructed
with a solid roof that is designed and used primarily for the sheltering of vehicles.
Driveway. A paved area of a lot located between the public right-of-way and the garage,
carport, 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.
Floor Area, Gross. The sum of the horizontal areas of each floor of a building, measured from
the exterior faces of the exterior walls or from the centerline of walls separating two (2)
buildings, but not including underground parking, uncovered steps or exterior balconies.
Garage. A detached, accessory building or a portion of a main building on the same lot as a
dwelling, used primarily for the housing of vehicles of the occupant of the dwelling, having a
roof, and enclosed on at least three (3) sides, with the fourth side being a lockable door.
Parking Space. Accessible and usable paved area on a building site located off-street and
designed for the parking of vehicles.
Recreational Vehicle. A motorized or non-motorized vehicle that is intended for human
habitation, recreational use, camping and travel use including but not limited to a motor
home, travel trailer, truck camper, trailer (with or without motive power), all-terrain vehicles,
and boats.
Seat. Furniture or furnishings designed and used for sitting; eighteen (18) inches of continuous
bench or bleacher seating shall equal one (1) seat.
Tandem Parking. Any off-street parking space designed in such a manner that a vehicle
properly parked in such space may, by design, have its ingress to or egress from such space
blocked by a vehicle properly parked in a contiguous parking space.
Section III. If any section, subsection, sentence, clause, phrase or portion of this ordinance
i:; for any reason held out to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of 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, subsection, clause, phrase or portion thereof irrespective of the
f~~ct that any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
Draft Ordinance 1354
CA 08-001
Page 33
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this
__ day of , 2008.
JERRY AMANTE, Mayor
PAMELA STOKER, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
ORDINANCE NO. 1354
PAMELA STOKER, 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 5; that the above and foregoing Ordinance No. 1354 was duly and regularly
introduced at a regular meeting of the Tustin City Council, held on the 7th day of October, 2008
and was given its second reading, passed, and adopted at a regular meeting of the City Council
held on the day of , 2008 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Published:
Greenwood & McKenzie
REAL ESTATE INVESTMENT S
~ECI~I~1~~:~
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a~:~' % , ,
September 24, 2008
Maria Huizar, Chief Deputy City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92780
Re: Parking Regulation changes being considered by the City Council
Dear Ms. Huizar:
440 W. First Street, Suitc 201
Tustin, cA 92~so
(7l4) 544-4000
FAX (714) 544-2420
I addressed my concerns about changes being considered that would possibly ban on-street
parking at night in apartment areas in my July 21St letter. I attended the City Council Workshop
on September 15th and was very pleased with Staff's recommendations and the Council
members initial reaction to same. We support these recommendations and urge the City
Council to adopt them at its October 7, 2008 meeting.
I understand that you will distribute this letter to all five City Council Members and to the City
Manager and relevant members of the staff.
Cordially,
Carl 1. re wood, Managing General
Partner of Greenwood & McKenzie
CITY OF TUSTII~
NOTICE OF POTENTIAL
PARKING CITATION
N0. 1045774140
fE XTII VW T F $ TIME L ~ ~~~~
C~ '+' Q~
LOCATION ~ ~'„~
~f LAST FOUR
i VIN .~ A ~ ~ ~ fI ~..~ G~ y ~ Z Z ~ ~ 'C
VEHICLE LICENSE NO. STATE Exp. Mo/Vr. COLOR '
MAKE M 'A ~ MODEL
15345b 139002209-123
OFFICE # SERIAL #
Parking your car in front of your own
home will be illegal and subject to fine.. .
IF the Tustin City Council goes
through with their plan to
ban overnight parking on
ALL Tustin streets.
Call your city council members
today and tell them to
VOTE NO on this ban.
714-573-3010
Or send the council members
an email at council@tustinca.org.
You Must Act Soon To Protect Your Right
To Park On The Streets Overnight.
For more information or
to get involved please go to:
www. tustinpar~kingban. nom
How.Will The
Tustin Parking Ban
Affect You?
The Tustin City Council is
considering an ordinance that will
prohibit overnight parking on all
public streets, as well as all
parking on sections of Irvine
gnule-vard, Dlewport Avenue, and
R.edhill Avenue. This parking ban
will take away your right to park in
front of your own home!
This ban will lead to:
- Higher taxes: The city estimates a
cost of over $1 million in the first
year to implement this scheme. Another
$300,000 annually will be spent on
enforcement - giving out tickets!
- Lower property values: Less parking
makes a property less desirable.
- More crime: Three police officers
will be devoted to giving out tickets
instead of fighting crime in your
neighborhood.
- Dangerous streets: Traffic hazards
will increase on Irvine Blvd.,
Redhill and Newport Avenues.
- Loss of rights: Our taxes paid for
our streets, we deserve the right to
park on them.
For more information or
to get involved please go to:
www. tustinparkingban. com
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