HomeMy WebLinkAbout04 Workshop: CA 10-002ITEM #4
TUSTIN
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DATE: FEBRUARY 9, 2010 ~ ~~~
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TO: PLANNING COMMISSION ~~`°`"°°°"F"r"AE
HONORING OUR PAST
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: WORKSHOP: CODE AMENDMENT 10-002, ZONING CODE UPDATE
(DRAFT ORDINANCE NO. 1367)
RECOMMENDATION:
Community Development Department staff will conduct a workshop at the Planning
Commission meeting of February 9, 2010, to transmit a draft ordinance related to Code
Amendment 10-002 (CA 10-002) amending the Tustin City Code (TCC) to incorporate
use determinations and minor amendments to the Zoning Code.
The purpose of this report and the workshop is to provide the Planning Commission with
an overview of the proposed code amendment and to transmit the document well in
advance of the public hearing. In the workshop, staff will introduce the code amendment
documents and provide resources that will assist in reviewing the documents before it is
considered at the Planning Commission meeting on February 23, 2010, at which,
questions and answers would be addressed.
SUMMARY:
Code Amendment 10-002 (CA 10-002) proposes the incorporation of minor
amendments to the Zoning Code (Article 9 Chapter 2) of the Tustin City Code (TCC).
Specifically, the Code Amendment meets the following objectives:
Incorporate use determinations into the Zoning Code that have been previously
determined by the Community Development Director and/or the Planning
Commission to be similar to other permitted uses or conditionally permitted uses
within various City zoning districts.
2. Provide accurate and updated information in the Zoning Code for both staff and
the public as to which uses are permitted or conditionally permitted and the
review process required for approval of such uses.
3. Integrate other minor amendments by clarifying and simplifying the Zoning Code
text including grammatical and spelling changes, updating terminology,
alphabetizing lists, and incorporating legal updates.
Planning Commission Report
CA 10-002 Workshop
February 9, 2010
Page 2
BACKGROUND:
The Zoning Code divides all property among various zoning districts for designating
land uses and development standards. California State Law requires these zoning
districts be consistent with the associated land use designations of the City's General
Plan. For example, the Retail Commercial District (C-1) must be consistent with the
Commercial land use designation in which it is located as indicated on the City's Land
Use Map.
The Zoning Code stipulates the types of land uses that are permitted or conditionally
permitted within each zoning district. With the passage of time, new uses or variations
of uses occur that may not be specifically identified in each zoning district. Rather than
requiring a Zoning Code Amendment each time this occurs, uses that are similar in
function or form to the listed uses can be determined acceptable by the Community
Development Director or the Planning Commission. This is referred to as a use
determination.
There are several factors that are considered by the Community Development Director
or the Planning Commission to determine whether a proposed use is similar in
character to the particular uses allowed in each district such as:
1. Effect upon the public health, safety, and general welfare of the neighborhood
involved and the City at large.
2. Effect upon traffic conditions.
3. Effect upon the orderly development of the area in question and the City at large
in regard to the general planning of the whole community.
Use determinations that have been approved by the Community Development Director
or the Planning Commission are currently incorporated into a matrix for reference by
staff. This matrix is typically used when staff is requested to confirm that a proposed
unlisted use is acceptable. For example, if an applicant proposes the use of a dance
studio within the Retail Commercial District (C-1), staff would reference Section 9232 of
the Zoning Code to determine whether or not dance studios are listed as permitted or
conditionally permitted within this zone. Staff would also reference the use
determination matrix which was created to provide a history of previously approved use
determinations. If the use is listed as permitted or conditionally permitted within either of
these documents, staff would inform the applicant of the process to establish the
proposed use.
However, if the use was not listed within either the Zoning Code or the use
determination matrix, then staff would inform the applicant that he or she would need to
obtain a use determination for the proposed dance studio use. A copy of the C-1 District
Planning Commission Report
CA 10-002 Workshop
February 9, 2010
Page 3
regulations (Attachment B) and a copy of the use determinations matrix are attached for
reference (Attachment C).
Several use determinations have been made over many years, and these approved
uses are not currently reflected in the code. The use determinations matrix is not readily
available to the public for viewing, for example, if the applicant was searching the Tustin
City Code on the website, he or she could obtain information for the Retail Commercial
(C-1) District regulations, however, the Use Determination matrix would not be available
on the website.
To avoid confusion, Code Amendment 10-002 has been prepared to incorporate
previously approved use determinations into the City's Zoning Code to facilitate a full
and clear understanding of permitted and conditionally permitted uses allowed within
any particular zoning district.
ANALYSIS:
If adopted, Code Amendment 10-002 would ensure consistency and conformance
throughout the document. A Zoning Code that does not include updates on newly
permitted or conditionally permitted uses can create confusion for the public and staff
and ultimately lead to extended timelines for processing discretionary actions or
business licenses.
Therefore, use determinations previously made by the Planning Commission and the
Community Development Director are proposed to be incorporated into the Zoning
Code (Attachment A). Additionally, a number of minor clean-up Zoning Code
amendments are also being proposed.
The following two techniques have been utilized for Code Amendment 10-002:
1) Minor changes have been revised from their original format utilizing the
strikeout/underline format to indicate the proposed amendments; and
2) Certain sections are proposed to be repealed in their entirety with a new code
section proposed as a replacement of the text.
In addition to updating the list of permitted and conditionally permitted uses, CA 10-002
would implement the following additional changes:
• Provide spelling and grammar revisions
Some sections of the existing code contain spelling and grammatical mistakes.
Proposed CA 10-002 would incorporate minor changes throughout the Zoning
Code to correct these errors.
Planning Commission Report
CA 10-002 Workshop
February 9, 2010
Page 4
• Provide updated terminology for individual uses
Terminology of uses has changed over the years and some uses listed in the
Zoning Code are now obsolete. Proposed CA 10-002 would provide consistency
in terms throughout the Zoning Code. For example, the term "radio stores" is
proposed to be revised to "electronics stores".
• Alphabetize listed uses
To provide consistency and organization throughout and to facilitate a clearer
understanding of the code, CA 10-002 would alphabetize listed uses in each
section. However, sections identifying the uses within residentially zoned districts
are not proposed to be alphabetized. Instead, these sections are listed by most
prominent land use.
• Indicate "Community Development (CD) Director" is authorized to make use
determinations in each Zoning District Section and add CD Director to the criteria
for use determination (Section 9298b)
The Zoning Code regulations currently provide a list of permitted and
conditionally permitted uses in the first section of each zoning district. This
section also typically provides a statement that additional uses, determined
similar by the Community Development (CD) Director and/or the Planning
Commission, could also be determined to be allowed. However, some sections
are not consistently phrased and do not consistently list the CD Director as a
possible decision maker for use determinations. CA 10-002 would ensure
accuracy and consistency in this regard.
• Streamline and reduce redundancy of listed uses
Duplicate uses are proposed to be removed and the list of uses for each section
streamlined. For example, zoning district regulations are typically placed in order
from less intense commercial uses to more intense uses within the C-1 zone to
the CG zone. To reduce redundancy, there are numerous individual uses listed
within the C-1 zone (Section 9232) that are permitted in the C-2 zone by
reference (e.g. Section 9233a Permitted Uses - (1) All uses allowed in the C-1
District, subject to the development and use criteria specified in Section 9232).
The proposed code amendment would eliminate redundancies throughout the
code.
• Provide updated definitions to reflect changes with California State Law
Occasionally, California State law is modified based on legislative actions. These
changes are reflected in the California Government Code, Civil Code, Health and
Safety Code, etc. Over time, Zoning Code references to these California Codes
Planning Commission Report
CA 10-002 Workshop
February 9, 2010
Page 5
become obsolete or erroneous. To provide a more consistent Zoning Code,
references to specific sections of these codes are proposed to be removed and
definitions have been updated to reflect current changes. For example, State law
requirements for large family day care were modified to amend the previous limit
for day care of "seven to twelve children" to now allow "nine to fourteen children."
Since the Zoning Code cannot conflict with State law, any references to specific
sections of State law mandates are proposed to be removed. Code Amendment
10-002 is proposed to simply list large family day care as a permitted or
conditionally permitted use (as applicable) consistent with State law and the
definition in Section 9297 is proposed to be updated.
• Update official titles
Several Agency titles needed to be revised and updated. For example, the
Orange County Fire Department is now the Orange County Fire Authority.
• Organize use-specific provisions in one location
Several land use districts provide detailed regulations for specific uses while
other districts identify only the use and do not include the regulations, resulting in
an inconsistency when applying regulations from one district to another.
Regulations may include development standards, design criteria, and/or State
law requirements applicable to a specific use.
Use-specific regulations are proposed to be moved to Section 9271 titled
"Specific Provisions" to provide consistency in the way they are referenced. For
example, in addition to listing the permitted use of large family day care home,
existing large family day care regulations are listed only in Section 9223a6 of the
R-1 District. Currently, all other residential districts where large family day care is
permitted refer to the R-1 District for detailed regulations. In order to provide
consistent application of these regulations for each district (and to provide
consistency with the California State law), this list of requirements is proposed to
be moved to Section 9271 as for Specific Provisions.
Approval of Code Amendment 10-002 would insure that the Tustin Zoning Code would
be understandable, internally consistent, consistent with the requirements of California
State Law, and consistent with the Tustin General Plan. Staff plans to provide additional
updates to the Zoning Code as necessary to accommodate future use determinations
and to address other minor amendments necessary to the code.
ENVIRONMENTAL ANALYSIS
The proposed amendment is considered a "project" subject to the California
Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21000
et al. City staff prepared an Initial Study which will be available for public review from
Planning Commission Report
CA 10-002 Workshop
February 9, 2010
Page 6
February 2, 2010 through February 22, 2010. The City Council will consider the Draft
Negative Declaration at the public hearing.
PUBLIC REVIEW
A public notice was published in the Tustin News on January 28, 2010, informing the
public of proposed Code Amendment 10-002. A copy of the staff report and proposed
Code Amendment 10-002 has also been forwarded to the Chamber of Commerce for
review.
CITY ATTORNEY REVIEW
The City Attorney has reviewed the content and form of Code Amendment 10-002
(Ordinance No. 1367).
CONCLUSION
Staff intends to conduct the public hearing on Code Amendment 10-002 on February
23, 2010. At that time, Staff will be available to answer questions and provide additional
information.
Amy Thor`i ~AICP Elizabeth A. Binsack
Senior Planner Director of Community Development
Attachments: A. Draft Ordinance No. 1367 for Code Amendment 10-002
B. Existing Zoning Code (Sections to be amended)
C. Use Determinations Matrix
ATTACHMENTA
Draft Ordinance No. 1367
Code Amendment 10-002
ORDINANCE NO. 1367
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1367
(CODE AMENDMENT 10-002) TO AMEND ARTICLE 9
CHAPTER 2 OF THE TUSTIN CITY CODE TO INCORPORATE
USES AND MINOR AMENDMENTS TO THE ZONING CODE.
The City Council of the City of Tustin, California, hereby finds and determines as follows:
A. That the City has initiated Code Amendment 10-002 (CA 10-002) to amend
Article 9 Chapter 2 in various sections of the Zoning Code to incorporate minor
amendments and use determinations previously determined by the Community
Development Director or the Planning Commission as similar to and/or
compatible with permitted uses or conditionally permitted uses within various City
zoning districts;
B. That amendments to the Tustin City Zoning Code require the approval of a Code
Amendment;
C. That on February 23, 2010, the Tustin Planning Commission held a public
hearing and adopted Resolution No. 4141 recommending that the City Council
approve Code Amendment 10-002;
D. That on April 6, 2010, the Tustin City Council held a public hearing and
considered Code Amendment 10-002;
E. That Code Amendment 10-002 is consistent with the objectives, policies, and
general plan land use programs specified in the Tustin General Plan for the City
of Tustin in that CA 10-002 will provide specific procedures in rendering decision
on interpretation and determination of unspecified uses within the Zoning Code.
CA 10-002 complies with the General Plan, including the following Land Use (LU)
goals and policies:
LU Goal 1: Provide for a well balanced land use pattern that accommodates
existing and future needs for housing, commercial and industrial
land, open space and community facilities and services, while
maintaining a healthy, diversified "economy adequate to provide
future City services.
LU Goal 2: Ensure that future land use decisions are the result of sound and
comprehensive planning.
LU Goal 3: Ensure that new development is compatible with surrounding land
uses in the community, the City's circulation network, availability
of public facilities, existing development constraints and the City's
unique characteristics and resources.
LU Goal 4: Assure a safe, healthy, and aesthetically pleasing community for
residents and businesses
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 2
F. That the proposed amendment is considered a "project" subject to the terms of
the California Environmental Quality Act ("CEQA"). Therefore, an Initial Study
and findings for a proposed Negative Declaration have been prepared regarding
this project for consideration by the City Council;
G. That the City provided a Notice of Intent to adopt a Negative Declaration to
responsible and trustee agencies, the County Clerk, and the public in accordance
with CEQA Guidelines Section 15072(b);
Article 9 Chapter 2 of the Tustin City Code is hereby amended as follows:
1. Section 9221 a is hereby amended as follows:
a Permitted Uses and Development Standards
In the Residential Agricultural District (R-A) t-only the following uses,
for uses whichl in the opinion of the Community Development Director and/or the
Planning Commission1 are similar; will be allowed; subject to the development
standards of this Chapter.
2. Section 9221 a6 is hereby amended as follows:
6. Large family day care homes (subiect to the provisions set forth in Section
9271aa,
..
3. Section 9221 b is hereby amended as follows:
b Conditionally Permitted Uses and Development Standards
The following uses for any other uses which in the opinion of the Community
Development Director and/or the Planning Commission are similar) may be
conditionally permitted in the Residential Agricultural District (R-A) subject to the
issuance of a Conditional Use Permit.
4. Section 9222a is hereby amended as follows:
a Permitted Uses and Development Standards
In the Residential Estate District (E-4) t~eae--fit o~ the following uses,- for uses
which, in the opinion of the Community Development Director and/or the Planning
Commission1 are similar;~will be allowed; subject to the development standards of
this Chapter_
5. Section 9222a4 is hereby amended as follows:
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 3
4. Large family day care homes-; (subiect to the provisions set forth in Section
9271aa
6. Section 9223a is hereby amended as follows:
a Permitted Uses and Development Standards
In the Single Family Residential District (R-1) ner~e~-fit only the following uses;
for uses which1 in the opinion of the Community Development Director and/or the
Planning Commission are similar;~will be allowed; subject to the development
standards of this Chapter.
7. Section 9223a4 is hereby amended as follows:
Small family day care homes~e~sk~+l~-subiect to the provisions set forth in
Section 9271 as
8. Section 9223a6 is hereby amended as follows:
Large family day care homed (subiect to the provisions set forth in Section
9271aa ,
reg~af+er~s
#e
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 4
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9. Section 9223b is hereby amended as follows:
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which in the opinion of the Community
Development Director and/or the Planning Commission are similar) may be
conditionally permitted in the Single Family Residential District (R-1) subiect to the
issuance of a Conditional Use Permit.
10. Section 9224b is hereby repealed and replaced in its entirety as follows:
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar), with the
exception of home occupations (which are a permitted use), may be conditionally
permitted in the Planned Development District (P-D) subject to the issuance of a
Conditional Use Permit.
1. Any use permitted or conditionally permitted in any residentially zoned district is
conditionally permitted in the Planned Development District (PD) (except second
residential units are not permitted)
2. Apartment houses
3. Bungalow courts
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 5
4. Condominiums (as defined in the Civil Code)
5. Community apartment projects (as defined in the Business and Professions
Code)
6. Day care center (subject to Section 9271 aa2)
7. Large family day care home (subject to the provisions set forth in Section
9271 aa)
8. Manager's office -one permanent resident manager's office devoted solely to the
rental of the dwelling units on the same parcel, provided said office and
surrounding grounds retain a residential character
9. Rest homes, extended care facilities, convalescent hospitals and sanitariums
(provided all provisions are complied with as set forth for this district)
10. Stock cooperatives (as defined in the Business and Professions Code}
11. Section 9225a is hereby amended as follows:
a Permitted Uses and Development Standards
In the Duplex Residential District (R-2), only the following uses (,or uses which, in
the opinion of the Communitv Development Director and/or the Planning Commission,
are similar will be allowed; subject to the development standards of this Chapter.
1. All uses conditionally permitted in the R-1 District, subject to a -der-remit
Conditional Use Permit
12. Section 9225b is hereby amended as follows:
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which in the opinion of the Communitv
Development Director and/or the Planning Commission are similar) may be
conditionally permitted in the Duplex Residential District (R-2) subject to the issuance
of a Conditional Use Permit.
1. Triplex (single structure)
(a) Maximum height: 35 feet
(b) Minimum building site area: 7,200 square feet
(c) Minimum lot width at property line: 60 feet
(d) Maximum lot coverage: 50 percent
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ( 6
(e) Minimum front yard setback: 20 feet
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
(h) Minimum lot area per family unit: 3,500 square feet
{+}--repealed-
{~--~e~ealed:
2. Day are center fas
defined in the Health and Safety Code)
(a) Maximum height: 30 feet
(b) Minimum building site area: 10,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Minimum front yard setback: 20 feet
(e) Minimum side yard setback: Corner lot line: 10 feet: Interior lot line: 5 feet
(f) Minimum rear yard setback: 10 feet
(~---~e~ealed:
erg:
37~es-4~} .
(~}--healed-
13. Section 9226a is hereby amended as follows:
a Permitted Uses and Development Standards
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 7
In the Multifamily Residential District (R-3), r~eae- o~ the following uses for
uses which, in the opinion of the Community Development Director and/or the
Planning Commission, are similar will be allowed subject to the development
standards of this Chapter.
1. All uses conditionally permitted in the R-2 District, subject to a ~:
Conditional Use Permit
(a) Maximum height: As specified in the R-2 District
(b) Minimum building site area: As specified in the R-2 District
(c) Minimum lot width at property line: As specified in the R-2 District
(d) Maximum lot coverage: As specified in the R-2 District
(e) Minimum landscape open space: 35 percent
(f) Minimum front yard setback: As specified in the R-2 District
(g) Minimum side yard setback: As specified in the R-2 District
(h) Minimum rear yard setback: As specified in the R-2 District
(i) Minimum lot area per family unit: 1,750 square feet
Q) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
~~i-epealed-:
2. Multiple family dwellings, apartment houses
(a) Maximum height: 35 feet
(b) Minimum building site area: 7,000 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 65 percent
(e) Minimum landscape open space: 35 percent
(f) Minimum front yard setback: 15 feet (unless otherwise indicated on zoning
maps)
(g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 10 feet
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 8
(i) Minimum lot area per family unit: 1,750 square feet
{}-}--Re~eale~
{~}-Repealed-
3. Accessory building normally incidental to any of the above. This shall not be
construed as permitting any commercial use or occupation other than those
specifically listed.
(a) Maximum height: 20 feet
4. Home occupations in accordance with this Chapter.
14. Section 9226b is hereby repealed and replaced in its entirety as follows:
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Multiple Family Residential District (R-3) subject to the
issuance of a Conditional Use Permit.
1. Community centers, social halls, lodges, clubs, rest homes, extended care
facilities,-convalescent hospitals, and sanitariums
(a) Maximum height: 40 feet
(b) Minimum building site: 7,500 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
2. Condominiums (as defined in the Civil Code), Community Apartment Projects (as
defined in the Business and Professions Code), and Stock Cooperatives (as
defined in the Business and Professions Code) when developed, or to be
developed, pursuant to the criteria of the Planned Development District
3. Day care center (subject to Section 9271 aa2)
4. Hotels, motels and boarding houses
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 9
(a) Maximum height: 2 stories or 35 feet
(b) Minimum building site: 7,500 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: 20 feet
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 25 feet
(h) Minimum common open space for boarding houses: 300 square feet per
boarding or rooming house and 50 square feet per occupant. Common open
space shall consist of unenclosed or partially enclosed areas set aside for
passive and active recreational uses. Common open space shall not include
driveways, parking areas, or required front and side yard setback areas.-
(i) Minimum private open space for boarding houses: 25 square feet per
occupant. Private open space shall consist of partially enclosed areas set
aside for passive and active recreational uses that are assigned to individual
occupants and/or rooms, such as private patios or balconies
5. Multiple family dwellings: Reconstruction/replacement
Multiple family dwellings damaged or destroyed due to catastrophic events may
be reconstructed or replaced by new identical construction pursuant to the same
development standards applied to the damaged or destroyed dwelling units.
However, repair or replacement construction shall comply with all current building
and fire code regulations.
6. Professional office use
(a) Maximum height: 40 feet
(b) Minimum building site: 7,000 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: 15 feet (unless otherwise indicated on Zoning
Maps)
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 10
7. Swim Schools
15. Section 9227a is hereby amended as follows:
9227 nenQii ~unnnG MOBILE HOME PARK DISTRICT (MHP)
a Conditionally Permitted Uses
In the td4ebitelaer++e Mobile Home Park District (MHP), ~aefle--~ o~ the following
uses; (or uses which1 in the opinion of the Community Development Director and/or
the Planning Commission) are similarZ w+t} may be permitted; subject to the ~g
issuance of a Conditional Use Permit; and s~jesi:-ts the development standards of
this Chapter:,
1. Accessory buildings and service structures (permanent)
~2. AAebiJe~e+we Mobile home park
~3. Travel trailer parks
16. Section 9228a and Section 9228b are hereby repealed and replaced in their entirety as
follows:
a Permitted Uses
In the Suburban Residential District (R-4) only the following uses (or uses which,
in the opinion of the Community Development Director and/or the Planning
Commission, are similar) will be allowed, subject to the development standards of
this Chapter.
1. Accessory buildings or uses
2. Farming (general) of agricultural crops on the land and grazing, but not including
any poultry or animal raising enterprise conducted on a commercial basis
3. Home occupations in accordance with this Chapter
4. Recreation areas (public) and buildings, parks, playfields and playgrounds
5. Residential uses (all of a permanent character, placed in permanent locations)
(a) single-family dwellings
(b) two (2) or more detached one-family dwellings
(c) two-family dwellings
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 11
(d) multiple-family dwellings and apartment houses
6. Large family day care home (subject to the provisions set forth in Section
9271 aa)
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Suburban Residential District (R-4) subject to the
issuance of a Conditional Use Permit.
1. Boarding Houses
2. Churches and other religious assembly, museums, libraries, public schools and
colleges, private schools and colleges
3. Day care center (subject to Section 9271 aa2)
4. Parks (private) and recreation areas, recreation buildings, playfields and
playgrounds, but not including amusement parks or other parks of a commercial
nature
5. Rest homes, extended care facilities, convalescent hospitals, and sanitariums
6. Utility structures -Electric distribution substations, gas metering and regulating
stations and other similar public utility structures and uses rendering direct
services to the public in a local area
17. Section 9231 a is hereby repealed and replaced in its entirety as follows:
a Permitted Uses
In the Professional District (Pr), only the following uses (or uses which, in the
opinion of the Community Development Director and/or the Planning Commission,
are similar) will be allowed subject to the development standards of this Chapter.
1. Accessory buildings and uses (except that no building site may be used
simultaneously for residential and professional purposes)
2. Advertising agencies
3. Automobile broker (office-use only)
4. Banks, financial institutions, and savings and loans (no drive-thru)
5. Collection agencies
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 12
6. Home occupations in accordance with this Chapter
7. Insurance agencies
8. Interior decorator or artist studios
9. Land and property management
10. Management, technical or professional consultants
11. Office uses -including professional and general (as defined in Section 9297)
12. Personnel agencies
13. Pharmacies- dispensing and selling only drugs, medicines and health
14. Photographers
15. Single-family dwellings and those accessory structures, buildings and uses
normally incidental to the uses of a building or premises for single-family
occupancy subject to the requirements of the R-1 District
16. Social work
17. Stock brokers
18. Title insurance companies
19. Travel agencies
18. Section 9231 d is hereby repealed and replaced in its entirety as follows:
d Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Professional District (Pr) subject to the issuance of a
Conditional Use Permit.
1. Adult entertainment booking agencies (as defined in Section 3141 and subject to
the provisions set forth in Chapter 9)
2. Banks, financial institutions, and savings and loans
3. Drive-thru facilities
4. Professional, instructional, motivational and/or seminar schools
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 13
19. Section 9232a and Section 9232b are hereby repealed and replaced in their entirety as
follows:
a Permitted Uses
In the Retail Commercial District (C-1 ), only the following uses (or uses which, in
the opinion of the Community Development Director and/or the Planning
Commission, are similar) will be allowed subject to the development standards of this
Chapter.
1. General retail businesses, exemplified by the following list, when conducted
within a building:
(a) Alcoholic beverage sales (off-site) located within a building and permitted
business with at least 15,000 square feet of gross floor area and where the
alcoholic beverage sales area within the building occupies no more than 10
percent (10%) of the gross floor area
(b) Antiques and curios
(c) Appliance stores
(d) Art galleries
(e) Bakeries
(f) Bicycle sales (including repairs)
(g) Books and stationeries
(h) Ceramics (not including molding, casting or manufacturing by any process)
(i) Clothing
(j) Confectioneries
(k) Department stores
(I) Drug stores (including sundries and notions)
(m) Dry goods
(n) Florist shops
(o) Food markets
(p) Furniture sales (new or used/consignment)
(q) Hardware stores
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 14
(r) Household goods and furnishings
(s) Jewelry stares (including repair and watch making)
(t) Leather goods
(u) Musical supplies and instruments
(v) News stands
(w) Office supplies and equipment
(x) Paint and wallpaper supplies
(y) Religious supplies
(z) Shoe stores
(aa) Sporting goods (not including boat and motor sales)
(bb) Variety stores
2. Service businesses, exemplified by the following list, including any retail sales
incidental thereto, when conducted within a building:
(a) Banks, financial institutions and savings and loans (including those
providing drive-thru service)
(b) Barber shops
(c) Beauty parlors
(d) Dance studios
(e) Dry-cleaning or laundry agencies (pick-up and delivery only)
(f) Equipment rental business conducted within a building (light materials i.e.
party supplies, household appliances, small household tools, medical
equipment, etc.)
(g) Laundromats or other self-service laundering facilities
(h) Locksmiths
(i) Martial Arts studios
(j) Recycling facilities or reverse vending machines (as defined in Section
9297 and subject to the provisions set forth in Section 9271 bb)
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page~15
(k) Reprographics
(I) Restaurants (not including drive-ins/drive-thru, take-out or walk-up)
(m) Seamstress or millinery shops
(n) Shoe or luggage repair shops
(o) Smog check stations with service bays in conjunction with approved service
station
(p) Tailor shops
(q) Travel agencies
(r) Tutoring facilities
3. Office Uses -including professional and general (as defined in Section 9297 and
subject to the provisions set forth in Section 9271 ee)
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Retail Commercial District (C-1) subject to the issuance
of a Conditional Use Permit.
1. Adult bookstores (subject to the provisions set forth in Chapter 9)
2. Adult entertainment booking agencies (as defined in Section 3141 and subject to
the provisions set forth in Chapter 9)
3. Alcoholic beverage sales establishments subject to the provisions set forth in
Section 9271 dd and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
4. Animal hospitals or clinics (small animals)
5. Automotive supplies (installation of minor replacement parts and accessories
within an enclosed building)
6. Bakeries (wholesale)
7. Bowling alleys
8. Churches and other religious assemblies
9. Clubs and social halls
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 16
10. Convenience stores
11. Collection facilities (large) occupying a permanent building or store front as
defined in Section 9297 and subject to the provisions set forth in Section 9271 cc
12. Day care centers (subject to Section 9271 aa2)
13. Food establishments with drive-ins/drive-thru, take-out or walk-up
14. Fortune-telling businesses (as defined in Section 3141)
15. Fraternal organizations and lodges
16. Gymnasiums and health clubs
17. Hotels and motels
18. Massage establishments
19. Mortuaries
20. Office uses (new)- Development or construction of new building structures where
more than fifty percent (50%) of the total floor area or any portion of the ground
floor area is designated for occupancy by professional or general offices (as
defined in Section 9297) subject to office use criteria as set forth in Section
9271ee
21. Parking lots (commercial)
22. Pharmacies with drive-thru
23. Recycling Facilities or reverse vending machines (bulk) as defined in Section
9297 and subject to the provisions of Section 9271
24. Rest homes, extended care facilities, convalescent hospitals, and sanitariums
25. Service stations
(a) Maximum height: 35 feet
(b) Minimum building site: 10,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage by building or structures: 50 percent
(e) Minimum front yard setback: 15 feet unless otherwise indicated on Zoning
Map
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 17
(f) Minimum side yard setback: 8 feet
26. Specialty stores
27. Theaters
20. Section 9233a is hereby repealed and replaced in its entirety as follows:
a Permitted Uses
In the Central Commercial District (C-2), only the following uses (or uses which,
in the opinion of the Community Development Director and/or the Planning
Commission, are similar) will be allowed subject to the development standards of this
Chapter.
1. All uses listed as permitted in the C-1 District, subject to the use and
development criteria specified in Section 9232 (except uses listed as permitted
below)
2. Office Uses -including professional and general not fronting onto Main Street or
EI Camino Real or located outside the Old Town Commercial General Plan land
use designation (subject to the provisions set forth in Section 9271ee)
3. Retail uses exemplified by the following:
(a) Clothing apparel receiving and distributing
(b) Electronics stores
(c) Furniture consignment sales
(d) Nurseries
4. Service uses, exemplified by the following list, including any retail sales incidental
thereto:
(a) Bowling alleys
(b) Coin operated machinery -repairs, sales and services
(c) Electronics research laboratories and prototype assembly
(d) Mortuaries
21. Section 9233c is hereby repealed and replaced in its entirety as follows:
c Conditionally Permitted Uses
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 18
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Central Commercial District (C-2) subject to the
issuance of a Conditional Use Permit.
1. All conditionally permitted uses in the C-1 District, subject to the development
and use criteria specified thereto (Uses listed in Section 9233a are permitted).
However, drive-in and drive-thru uses are prohibited on any property located
within both the Central Commercial District (C-2) and the Old Town Commercial
General Plan land use designations.
2. Amusement resorts, arcades, and private recreational facilities which include
video and vending machines or other such contrivances in excess of five (5)
which are identical to the principal business
3. Automotive repair shops
4. Automotive/vehicle sales lots (used/pre-owned)
5. Billiard parlors and pool halls
6. Cleaning and dyeing establishments
7. Equipment rentals of heavy machinery (trailers, tractors, skip loaders)
8. Garages (public)
9. Laundromat
10. Office uses -Professional and general offices (as defined in Section 9297)
fronting onto Main Street or EI Camino Real or located within the Old Town
Commercial General Plan land use designation (subject to the provisions set
forth in Section 9271 ee)
11. Outdoor markets and outdoor sales establishments
12. Party facilities including birthday party businesses
13. Pet shops
14. Secondhand sales
22. Section 9233d and 9233e are hereby repealed.
23. Section 9234a is hereby repealed and replaced in its entirety as follows:
a Permitted Uses
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 19
In the Heavy Commercial District (C-3) District, only the following uses (or uses
which, in the opinion of the Community Development Director and/or the Planning
Commission, are similar) will be allowed subject to the development standards of this
Chapter.
All uses listed as permitted in the C-1 and C-2 Districts, subject to the use and
development criteria specified thereto (except uses listed as permitted below)
2. Electronic plants
3. Research plants
4. Secondhand sales
5. Wholesale stores and storage
24. Section 9234c is hereby repealed and replaced in its entirety as follows:
c Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
permitted in the Heavy Commercial District (C-3) subject to the issuance of a
Conditional Use Permit.
1. All uses listed as conditionally permitted in the C-1 and C-Z Districts subject to
the use and development criteria specified thereto (Except schools, churches,
and outdoor sales establishments. Uses listed in Section 9234a are permitted.)
2. Light manufacturing of clothing, novelties, and toys
25. Section 9234e is hereby repealed in its entirety.
26. Section 9235b is hereby repealed and replaced in its entirety as follows:
b Permitted Uses
In the Commercial General District (CG), the following uses (or uses which, in the
opinion of the Community Development Director and/or the Planning Commission,
are similar) will be allowed subject to the development standards of this Chapter.
All uses listed as permitted in the C-1 and C-2 Districts subject to the use and
development criteria specified thereto (except uses listed as permitted below)
2. Service uses exemplified by the following list:
(a) Electronics service
(b) Interior decorator
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 20
(c) Job printing and document reproduction
(d) Studios/galleries
27. Section 9235c is hereby repealed and replaced in its entirety as follows:
c Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and/or the Planning Commission, are similar) may be permitted in the
Commercial General (CG) District subject to the issuance of a Conditional Use
Permit.
1. All uses listed as conditionally permitted in the C-1 and C-2 Districts subject to
the use and development criteria specified thereto (except uses listed in Section
9235b are permitted)
2. Any development in excess of five (5) acres in total parcel space
3. Building supply
4. Business school
5. Manufacturing, fabrication, distribution facilities occupying less than 50 percent of
floor area and less than 50 percent of operations
28. Section 9241 a is hereby repealed and replaced in its entirety as follows:
a Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and/or the Planning Commission are similar) will be allowed in the Planned
Industrial District (PM) subject to the development standards of this Chapter:
1. Any use permitted in the Industrial District (M) which may not be objectionable by
reason of noise, smoke, odor, dust, noxious gases, glare, heat, fire hazards or
industrial wastes emanating from the property as determined by the Community
Development Director andlor the Planning Commission
2. Alcoholic beverage sales (off-site) located within a building and permitted
business with at least 15,000 square feet of gross floor area and where the
alcoholic beverage sales area within the building occupies no more than 10
percent (10%) of the gross floor area
3. Book binding
4. Ceramic and plastic fabrication
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 21
5. Chemical laboratories
6. Design and development
7. Distributors of electronic, electrical, and electromechanical products
8. Finished paper products
9. Food (and kindred products) manufacturing or storage
10. Laboratories for research and development
11. Leather products
12. Light industrial, research and development, and manufacturing uses which do not
maintain greater than fifty percent (50%) of their gross floor area for office
purposes
13. Office uses -including administrative and professional offices (as defined in
Section 9297) that are accessory to permitted uses (subject to the provisions set
forth in Section 9271 ee)
14. Outside storage (in conjunction with permitted use) enclosed in minimum of 6
foot high solid fence
15. Parking lots
16. Pharmaceutical products
17. Photography and printing plants
18. Precision machine shop
19. Prototype weapons and fabrication of components
20. Public utility uses (except the storage of flammable fuel products)
21. Scientific instrument manufacturing
22. Textile and furniture manufacturing
29. Section 9241 b is hereby repealed and replaced in its entirety as follows:
b. Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and/or the Planning Commission, are similar) may be permitted in the
Planned Industrial District (PM) subject to the issuance of a Conditional Use Permit.
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 22
1. Alcoholic beverage sales establishments subject to the provisions set forth in
Section 9271 dd and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
30. Section 9242a is hereby repealed and replaced in its entirety as follows:
a Permitted Uses
In the Industrial District (M), the following uses (or uses which, in the opinion of
the Community Development Director and/or the Planning Commission, are similar)
will be allowed subject to the development standards of this Chapter.
1. All uses permitted in the PM District
31. Section 9242b is hereby repealed and replaced in its entirety as follows:
b Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and/or the Planning Commission, are similar) may be permitted in the
Industrial District (M) subject to the issuance of a Conditional Use Permit.
1. All permitted uses that utilize greater than fifty percent (50%) of their gross floor
area for office use (including administrative and professional offices as defined in
Section 9297 and subject to the provisions set forth in Section 9271 ee)
2. Alcoholic beverage sales establishments subject to the provisions set forth in
Section 9271dd and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
3. Building material yards
4. Caretaker's residential unit when in conjunction with permitted use
5. Convenience stores
6. Hazardous waste facilities (subject to all standards and criteria contained in the
Tustin City Code)
7. Manufacturing uses (subject to compliance with performance standards of the Air
Pollution Control Board)
8. Restaurants
9. Retail commercial uses
10. Schools for professional, instructional, motivational, vocational and/or seminar
uses
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 23
11. Specialty stores
12. Wireless Facilities (subject to Section 9276)
32. Section 9244a through Section 9244e2 is hereby amended as follows:
a Purpose
To allow diversification of the relationships of various buildings, structures and
open spaces in planned building groups while insuring substantial compliance with
the district regulations and other provisions of this Chapter., ' tlae The
intent of this Chapter is to insure that adequate standards related to the public
health, safety and general welfare shall be observed without unduly inhibiting the
advantage of large scale planning for residential, commercial and industrial
purposes. The amenities and compatibilities of P-C Districts are to be insured
through the adoption of a Development Plan and/or the approval of Conditional Use
Permits, maps, diagrams, and text setting forth land use relationships and
development standards.
b General Requirements
The following provisions shall apply in the P-C District,
and subject to the other provisions of this Chapter,-except Except t#af where conflict
in regulations occur, the regulations specified in this Section or in the Development
Plan or plans approved pursuant to this section shall apply.
c Application
The entire parcel for which an application for rezoning or pFez~i+~g-pre-zoning to
P-C is filed must be in one ownership_~ Should there be multiple owners the
application must be made by or with the written authorization for such action on
behalf of alt property owners concerned, and the applicant, together with a statement
signed by interested owners that they agree to be bound by the regulations and
conditions which will be effective within the district.
d Permitted Uses
In the Planned Community District (P-C) the following uses (or uses which in
the opinion of the Community Development Director and/or the Planning
Commission, are similar) will be allowed subiect to the development standards of this
Chapter.
The uses permitted in any P-C District shall be those designated on the approved
development plan. pre~led-t#a~ir~ In the event that such approved usage does
not conform to the General Plan of the City, the geee~al-plate General Plan shat4
m~be amended pursuant to the General Plan Amendment process to conform
to the development plan. Said amendment may be processed simultaneous with
the amending of the zoning ordinance classifying the area P-C.
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 24
2. The continued use of land within a P-C District for agricultural purposes shall be
permitted.
3. Grading shall be permitted within a P-C District outside of an area of immediate
development subject to tl-ie securing sf a grading permit.
4. Any area designated for residential use may be developed at a lower residential
density than is indicated on the approved development plan without requiring an
amendment of the development plan.
5. Large family day care homes-; (subiect to the provisions set forth in Section
9271aa
subject to
,Section 9?~ 9271 aa.
6. Reverse vending machines (as defined in Section 9297 and subject to standards
contained in ,Section °~~a-9271 bb)
e Procedures
1. Any application for a zone change to permit the establishment of a P-C District
shall be made pursuant to Section 9295 of this Chapter and shall be
accompanied by a development plan for the entire parcel which is the subject of
the application. Said development plan shall be subject to the processing of a
s~ar~+t+erial ~+se--perms Conditional Use Permit if1 i~slud+r-g included within the
plant are areas designated for professional or general offices use (as defined in
Section 9297). Prior to approving a 'Conditional Use Permit
for construction of a building designated for such office usage, the Planning
Commission shall make findings, including but not limited to the following:
(a) Development or construction of professional or general office ~-ildi+~g
use would be more compatible with surrounding uses in the area t#af
than retail commercial uses on the subject property
2. Areas on the development plan shall be subject to one of the following or any
combination thereof:
(a) The requirements of any of the zoning districts established by this
Chapter, as amended;
(b) Standards of development set forth on the approved development
plan and supplementary text material;
(c) Approval of a Conditional Use Permit by the Planning Commission
prior to development; or
(d) In the event that bulk vending machines and/or a large collection
facility ' are part of an approved development
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 25
plan, said uses shall be subject to all standards contained in #~-G-~
Ois#~+st-reg~latleas; Section 9~~ 9271 bb.
33. Section 9244f is hereby repealed and replaced in its entirety as follows:
f Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and/or the Planning Commission, are similar) may be permitted in the
Planned Community District (P-C) subject to the issuance of a Conditional Use
Permit.
1. Alcoholic beverage sales establishments subject to the provisions set forth in
Section 9271 dd and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
34. Section 9245b is hereby repealed and replaced in its entirety as follows:
b Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and/or the Planning Commission, are similar) may be permitted in the Public
and Institutional District (P & I) subject to the issuance of a Conditional Use Permit.
1. Churches
2. City Hall, civic center, community center
3. Federal, state, county, district office buildings
4. Hospitals
5. Libraries
6. Lodges, clubs, and social halls
7. Military installations
8. Open space reservations
9. Parks, playgrounds, and recreation centers (public)
10. Post office
11. Public parking
12. Schools (public) and school administration offices
35. Section 9270c is hereby repealed and replaced as follows:
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 26
c Approval of Temporary Uses
Temporary uses are typically associated with special events or holidays which
are in place for a short period of time. Permits are required prior to a temporary
outdoor use occurring in any commercial zone (excluding the Professional District
(Pr)) as follows:
1. Requests for a temporary use of more than three (3) days but less than thirty
(30) days requires approval of a Temporary Use Permit from the Community
Development Director and may be issued a maximum of once per calendar
quarter for each location.
2. Requests for more than thirty (30) days and up to six (6) months require
approval of a Conditional Use Permit (CUP) by the Zoning Administrator.
3. Requests for more than six (6) months require approval of a Conditional Use
Permit (CUP) by the Planning Commission.
Any temporary outdoor use involving 500 or more persons gathering together at any
given time may be subject to a Large Outdoor Gathering Permit pursuant to Tustin
City Code Sections 3241-3244
36. Section 9271 a is hereby amended as follows:
a Accessory Buildings, Structures or Uses
Accessory buildings, structures or uses including recreational structures are
associated with, and subordinate to a permitted principal use and shall be
constructed with, or subsequent tot the construction of the main building on the same
building site.
37. Section 9271 i(1)(f) is hereby repealed in its entirety.
38. Section 9271 o is hereby amended as follows:
o Swimming Pools
Swimming pools in "-R'-Bistficts residential districts shall not be located closer
than five (5) feet to any side or rear lot line, nor
~ n
f ,
within those areas described by Section
9271 i(1)(b) or 9271 i(1)(c).
39. Section 9271 as is hereby added as follows:
as Child Care Facilities
1. Family Day Care Home
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 27
Family day care homes, including large family day care and small family day care
homes, shall operate in accordance with the California Code: Health and Safety
Code. All day care homes are subject to the regulations adopted and enforced by
the State Fire Marshal and Orange County Fire Authority and must comply with the
provisions of the State Uniform Building Code and City of Tustin Building
requirements.
Large family day care homes are also subject to the following provisions:
(a) Prior to commencement of operation of any large family day care home, the
applicant for a permit shall complete and submit an application to the
Community Development Department. Information provided on the permit
shall include: Name of operator; address of the home; and a list of property
owners within a 100 foot radius of the exterior property boundary of the
proposed day care home.
(b) Large family day care homes shall be operated in a manner not exceeding
the noise level in the Tustin Noise Ordinance, nor shall such day care homes
be allowed to operate in a manner that would constitute a nuisance to
neighboring properties. A day care home shall, by design, location and
layout, avoid any potential noise which may constitute a nuisance to
neighboring properties.
(c) A permit shall not be granted for a large family day care home that would be
established within 300 feet of the exterior property boundaries of any existing
licensed large family day care home.
(d) All property owners within a 100 foot radius of the exterior property boundary
of a proposed large family day care home, as shown on the fast equalized
County assessment roll, shall be notified of the intent to establish such a
home.
(e) No hearing on the application for a permit shall be held by the Planning
Commission unless a hearing is requested by the applicant or a property
owner within a 100 foot radius of the exterior boundary of the proposed
home. If no hearing is requested, the permit shall be granted if the large
family day care home complies with the provisions of this Code.
(f) The play yard of the home must be enclosed by a minimum six-foot high
fence setback from the required front yard.
(g) A permit for a large family day care home shall not be granted for any
location that has on the property a swimming pool as defined by the Uniform
Swimming Poot, Spa and Hot Tub Code, as adopted.
(h) The applicant shall be licensed, or deemed to be exempt from licensure by
the State of California, to operate a large family day care home.
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 28
(i) The provisions contained in this chapter shall not preclude the City from
revoking any permit granted for a large family day care home. Proceedings
may be conducted by the Planning Commission to determine if said use is
being operated in a manner that may be detrimental to the health, safety or
welfare of the community or surrounding properties.
2. Day Care Center -pursuant to California Health and Safety Code
Development Standards:
(a) Maximum height: 30 feet
(b) Minimum building site area: 10,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Minimum front yard setback: 15 feet
(e) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(f) Minimum rear yard setback: 10 feet
(g) Building requirements and indoor and outdoor space required per child are
established by the Building Code and pursuant to California Health and
Safety Code
(h) Outdoor play areas shall be screened from surrounding properties by a six-
foot eight-inch high solid wall or fence (except where play areas abut public
park or playfield)
40. Section 9271 bb is hereby added as follows:
bb Vending Machines (as defined in Section 9297)
(1) Recycling facilities or reverse vending machines are subject to the following
provisions:
(a) Established in conjunction with a supermarket in compliance with the zoning,
building and fire codes of the City of Tustin
(b) Located within 30 feet of the entrance to the supermarket and shall not
obstruct pedestrian or vehicular circulation
(c) Does not occupy parking spaces required by the primary use
(d) Occupies no more than 50 square feet of floor space per installation,
including any protective enclosure
(e) Maximum height: 8 feet
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 29
(f) Constructed and maintained with durable waterproof and rustproof material
(g) Clearly marked to identify the type of material to be deposited, operating
instructions, and the identity and phone number of the operator or
responsible person to call if the. machine is inoperable
(h) Sign area shall be limited to a maximum of 4 square feet per machine,
exclusive of operating instructions
(i) Maintained in a clean, litter-free condition on a daily basis
Q) Operating hours shall be at least the operating hours of the supermarket
(host use), but may be 24 hours
(k) Illuminated to ensure comfortable and safe operation if operating hours are
between dusk and dawn
(I) Outdoor storage of any kind is prohibited
(2) Vending Machines (Bulk) are subject to the following provisions:
(a) Established in conjunction with an existing supermarket which is in
compliance with the zoning, building and fire codes of the City of Tustin
(b) No larger than 500 square feet and not occupying any parking spaces
required by the primary use
(c) Maximum height: 10 feet
(d) Shall not obstruct pedestrian or vehicular circulation, and shall be located
within 100 feet of the host use
(e) Minimum setbacks: 10 feet from any property line
(f) Accept only glass, metals, plastic containers, papers and reusable items.
Used motor oil may be accepted with permission of the Orange County Fire
Authority and Health Department
(g) No power-driven processing equipment except for reverse vending
machines shall be used
(h) Containers are constructed and maintained with durable waterproof and
rustproof material, secured from unauthorized entry or removal of material
and shall be of a capacity sufficient to accommodate materials collected and
collection schedule;
(i) All recyclable material shall be stored internally
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page (30
Q) Maintained free of litter, pests, vermin and any other undesirable materials
at all times
(k) Not exceed exterior noise levels of 60 dBA
(I) Containers for donation of materials shall be at least 75 feet from any
property zoned or occupied for residential use and shall not operate
between the hours of 12:00 a.m. and 6:00 a.m.
(m) Containers shall be clearly marked to identify the type of material which may
be deposited; the facility shall be clearly marked to identify the name and
telephone number of the facility operator and the hours of operation, and
display a notice stating that no material shall be left outside the recycling
enclosure or containers
(n) Bulk vending machines may have informational signs required by State law
pursuant to Section 9272; other signs including directional signs, bearing no
advertising message, may be installed with the approval of the Community
Development Director pursuant to Design Review Section 9272 if necessary
to facilitate traffic circulation, or if the facility is not visible from the public
right-of-way
(o) Placement of the facility shall not require removal of existing landscaping
41. Section 9271 cc is hereby added as follows:
cc Collection facilities (large) occupying a permanent building or store front (as
defined in Section 9297) and subject to the following provisions:
(1) The facility shall not abut a property zoned or planned for residential use if in a
free standing building
(2) The facility shalt operate in an enclosed building with outside storage prohibited
(3) Setbacks, height, lot coverage, and landscape requirements shall be those
provided for in the C-1 Zoning District unless it occupies an existing store front or
building
(4) Site shall be maintained free of litter, pests, vermin and any other undesirable
materials at all times and shall be cleaned of loose debris on a daily basis
(5) Exterior noise levels shall not exceed 60 dBA
(6) If the facility is located in a free standing building which lies within 500 feet of
property zoned, planned or occupied for residential use, it shall not be in
operation between 7:00 p.m. and 7:00 a.m.
(7) The facility shall display a notice stating that no material shall be left outside the
recycling containers
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 31
(8) The facility shall be clearly marked with the name and phone number of the
facility operator and the hours of operation; identification and informational signs
shall meet the standards of the C-1 Zoning District; and directional signs, bearing
no advertising message, may be installed with the approval of the Community
Development Director pursuant to design review, Section 9272, if necessary, to
facilitate traffic circulation or if the facility is not visible from the public right-of-way
(9) Power-driven processing, including aluminum foil and can compacting, baling,
plastic shredding, or other light processing activities shall be prohibited
(10) 24-hour operation is prohibited
42. Section 9271 dd is hereby added as follows:
dd Alcoholic beverage sales establishments
Subject to the Planning Commission's Guidelines for Alcoholic Beverage Sales
Establishments and the following criteria:
(1) Off-site -located in a building and permitted business with less than 15,000
square feet of gross floor area, and permitted businesses with more than 15,000
square feet of gross floor area where the off-site alcoholic beverage sales area
within the building occupies more than 10 percent (10%) of the gross floor area,
subject to the following minimum distance regulations:
(a) 300 feet from any residentially zoned or used property; and
500 feet from any other existing off-site sales establishment; and
600 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home; and
600 feet from any existing on-site sales establishments, except restaurant
establishments
(b) Minimum distances between off-site sales establishments and residentially
zoned or used property, churches, places of worship, public or private
schools, parks, playgrounds, clinics, hospitals, health care facilities and
convalescent homes shall be computed by measuring the distance from the
closest entry/exit provided for public/customer access of the off-site sales
establishment to the property line of any of the above uses (whether inside or
outside the City boundaries)
(c) Minimum distances between off-site sales establishment and another off-site
or on-site sates establishment, except for restaurant establishments, (whether
inside or outside the City boundaries) shall be computed by measuring the
distance between the closest exterior structural walls of each use
(d) Specialty stores as defined in Section 9297 of the Tustin City Code shalt be
exempt from minimum distance regulations
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 32
(2) On-site -subject to the following minimum distance regulations (except for
restaurant establishments):
(a) 1,000 feet from any residentially zoned or used property; and
1,000 feet from any other existing on-site except for restaurant
establishments or off-site sales establishments; and
1,000 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home
(b) Minimum distances between on-site sales establishments, except for
restaurant establishments, and residentially zoned or used property,
churches, places of worship, public or private schools, parks, playgrounds,
clinics, hospitals, health care facilities and convalescent homes shall be
computed by measuring the distance from the closest exterior wall of the on-
site establishment to the property line of any of the above uses (whether
inside or outside the City boundaries)
(c) Minimum distances between on-site sales establishments and another off-site
or on-site sales establishment, except for restaurant establishments, (whether
inside or outside the City boundaries) shall be computed by measuring the
distance between the closest exterior structural walls of each use
43. Section 9271 ee is hereby added as follows:
ee Office uses
(1) Office developments within the Retail Commercial District (C-1), Central
Commercial District (C-2), and Commercial General District (CG) shall be
constructed to conform to the following criteria:
(a) Parking standards for retail commercial uses on the first floor area of the
building shall be subject to Part 6Off-Street Parking requirements of the
Zoning Code unless otherwise specifically exempted pursuant to an approved
Conditional Use Permit.
(b) Findings, including, but not limited to the following, shall be made by the
Planning Commission prior to approving a Conditional Use Permit for
construction of a building where greater than fifty percent (50%) of the total
floor area or any portion of the ground floor area is designated for occupancy
by professional or general offices:
Development or construction of professional or general office buildings
would be more compatible with surrounding uses in the area than
permitted retail commercial uses on the subject property.
(c) Development or construction of buildings restricted to a mixture of uses in
which the retail commercial floor area exceeds fifty percent (50%) of the total
floor area is exempt from office development use criteria.
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 33
(2) Professional and general offices fronting onto Main Street or EI Camino Real or
located within the Old Town Commercial General Plan land use designation are
also subject to the approval of a Conditional Use Permit (pursuant to Section
9299b(3)(k)) and the following criteria for office development:
(a) Professional and general offices proposed at the ground floor level or that are
greater than fifty percent (50%) of the total building floor area shall not be
approved unless the approving authority finds, based on supporting
documentation and evidence, that an office use would be more compatible
with the existing and planned uses in the vicinity than a retail commercial use
on the subject property and that an office use would be more beneficial in
implementing applicable land use policies such as the Tustin General Plan,
Tustin City Code, and any Tustin Community Redevelopment Agency Project
Area Redevelopment Plan than a retail commercial use on the subject
property.
(b) Approval of professional and general office uses shall meet one (1) or more
of the following criterion:
The proposed use is to be located in an existing building originally
designed, built, and occupied as offices or converted to office use
pursuant to an approved building permit.
The proposed use is to be located in an existing building that because of
its design and orientation is impractical to modify or alter to accommodate
retail establishments.
iii. The proposed use is to be located in an existing building requiring
significant reconstruction that is not economically feasible or practical to
accommodate retail establishments.
iv. The proposed use is to be located in amulti-tenant retail center and is
ancillary but complementary to the remaining mixed uses with respect to
type of use, hours of operation, convenience, and parking demand.
The proposed use is determined to be beneficial, complementary, and
compatible with surrounding neighborhood and nearby retail
establishments.
44. Section 9297 definition for General Office is hereby added as follows:
"General Office" means an office for the conduct of any of the following uses or
uses determined by the Community Development Director and/or the Planning
Commission to be similar: accountants, advertising agency, contractors and building
consultants, drafting, economic consultant, escrow, insurance, public utility office (not
including corporate yards), real estate offices
45. Section 9297 the following definitions are hereby amended as follows:
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 34
"Day Care Center" -pursuant to California Health and Safety Code defined as
any child day care facility other than a family day care home and includes infant
centers, preschools, extended day care facilities and school age child care centers
~~ ~~
« ~,
"Large Family Day Care Home" pursuant to California Health and Safety Code
definition and the development standards in TCC Section 9271 as ~e
#a~w°~~~
~~ ~~
"Professional Office" means an office for the conduct of any of the following
uses ~ or uses determined by the Community Development Director and/or the
Planning Commission to be similar: ,architect, attorney, chiropractor,
dentist, designer, doctor draftsman engineer land planner ophthalmologist or
optometrist, s~+reped+st_podiatrist, ,surveyor, dentist;
physician, a~ad surgeon, or any others licensed by the State of California to practice
the healing arts, including clinics for out-patients only.
"Small Family Day Care Home" pursuant to California Health and Safer
Code definition and the applicable development standards in TCC Section 9271 as
46. Section 9299b(3)(L) is hereby added as follows:
L. Dance studios
47. Section 9405d is hereby repealed and replaced in its entirety as follows:
d. Abandoned signs and advertising displays. Lawfully erected signs or advertising
displays pertaining to activities or occupants that are no longer using a property shall
be removed by the responsible party from the premises within sixty (60) days after
abandonment. A sign is considered abandoned if the occupants are no longer
conducting business for a period of ninety (90) days.
48. Section 9405e4 is hereby repeated and replaced in its entirety as follows:
Draft Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 35
4. Cost recovery. The City shall have the right to recover from a responsible party
the full costs of legal remedies, confiscation, storage and disposal of said sign. An
account of all costs for confiscation, removal, storage and/or disposal shall be
maintained by the Community Development Department. The total costs of
abatement including all administrative costs shall constitute a special assessment
against the sign owner and/or property owner.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the
day of , 2010.
JERRY AMANTE
MAYOR
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN 1
CERTIFICATION FOR ORDINANCE NO.
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. 1367 was duly and regularly
introduced at a regular meeting of the Tustin City Council, held on the _t" day of _, 2010
and was given its second reading, passed, and adopted at a regular meeting of the City Council
held on the _t" day of , 2010 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
ATTACHMENT B
Existing Zoning Code (Sections to be amended)
PART 2 RESIDENTIAL DISTRICTS
9221 RESIDENTIAL AGRICULTURAL DISTRICT (R-A)
a Permitted Uses and Development Standards
Page 1 of 18
In the Residential Agricultural District (R-A) none but the following uses, or uses which in the
opinion of the Planning Commission are similar, will be allowed, subject to the development standards
of this Chapter.
1. Single family dwelling
(a) Maximum height: 30 feet
(b) Minimum building site: 7,200 square feet
(c) Minimum lot width at property line: 60 feet or 40 feet required in cul-de-sacs
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 20 feet
(f) Minimum side yard setback: Comer lot line: 10 feet, Interior lot line: 5 feet
(g) Minimum rear yard setback: 5 feet with not less than 1,000 square feet,
open space on rear 1/3 of lot
(h) Minimum lot area per family unit: 7,200 square feet
(i) Repealed. (Ord. No. 299, Sec. 1; Ord. No. 1354, § II, 11-4-08)
(j) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
2. Light farming, except commercial dairies, commercial kennels, commercial rabbit,
fox, goat or hog farms, or commercial chicken or poultry ranches.
(a) Maximum height: 30 feet
(b) Minimum building site: 7,200 square feet
3. Accessory uses normally incidental to a single family dwelling or light farming. This is
not to be construed as pemnitting any commercial use.
4. Crop and tree farming
5. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
6. Large family day care homes, caring for seven (7) to twelve (12) children subject to
the standards contained in the R-1 District regulations, Section 9223a.6. (Ord. No. 911,
Sec. 1, 5-21-84)
b Conditionally Permitted Uses and Development Standards
1. Churches, schools, parks, playgrounds, public utility and public and quasi-public
buildings and uses, subject to use permit.
(a) Maximum height: 30 feet
(b) Minimum building site: 20,000 square feet for churches, 5 acres for schools,
public utility and other uses as specified in use permit.
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(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 25 feet, unless otherwise indicated by Zoning
Map
(f) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 20 feet
(h) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
2. The maintenance of not over two (2) horses or cows for private use provided that
minimum land area be thirty (30) thousand square feet, subject to use permit.
(a) Minimum building site: 30,000 square feet
(b) Minimum lot width: 100 feet
(c) Minimum front yard setback: 60 feet, unless otherwise indicated by Zoning
Map
(d) Minimum side yard setback: 20 feet
(e) Minimum rear yard setback: 10 feet
3. The maintenance of not more than 25 rabbits or similar small animals or commercial
chicken raising, subject to use permit.
(a) Maximum height: 30 feet
(b) Minimum building site: one (1) acre
(c) Minimum lot width at property line: 100 feet
(d) Minimum front yard setback; 60 feet, unless otherwise indicated by Zoning
Map
(e) Minimum side yard setback: Comer lot line: 20 feet; Interior lot line: 10 feet
(f) Minimum rear yard setback: 10 feet. (Ord. No. 157, Sec. 4.1)
9222 RESIDENTIAL ESTATE DISTRICT (E-4)
a Permitted Uses and Development Standards
In the Residential Estate District (E-4) none but the following uses, or uses which in the opinion
of the Planning Commission are similar, will be allowed, subject to the development standards of this
Chapter:
1. Single family dwellings
(a) Maximum height: 30 feet
(b) Minimum building site: 10,000 square feet, unless otherwise indicated on
Zoning Map
(c) Minimum lot width at property line: 80 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 20 feet
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(f) Minimum side yard setback: 10 percent of lot width
(g) Minimum rear yard setback: 20 percent of lot depth
(h) Minimum lot area per family unit: 7,500 square feet
(i) Repealed. (Ord. No. 299, Sec. 3; Ord. No. 1354, Sec. II, 11-4-08)
(j) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
2. Accessory buildings only if constructed simultaneously with or subsequent to the
main building on the same lot, and accessory uses normally incidental to single family
residences. This is not to be construed as permitting any commercial uses.
(a) Maximum height: 20 feet
(b) Maximum lot coverage: 30 percent of rear yard
(c) Minimum side yard setback: 1 foot
(d) Minimum rear yard setback: 1 foot except 5 feet required on an alley
3. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
4. Large family day care homes, caring for seven (7) to twelve (12) children subject to
the standards contained in the R-1 District regulations, Section 9223a.6. (Ord. No. 911,
Sec. 2, 5-21-84)
5. Second residential units
(a) Maximum height: 30 feet
(b) Minimum building site: 12,000 square feet
(c) Maximum overall lot coverage for all structures combined: 50 percent
(d) Maximum lot coverage for the second residential unit: 30 percent of rear
yard and 30 percent of side yard
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached
unit
(f) Minimum front yard setback for off-street parking: 50 feet
(g) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 5 feet
(i) Maximum floor area of second residential unit: 10 percent of total lot area
Q) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(k) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(I) The second residential unit shall be consistent with the architectural style,
materials and color of the primary single-family dwelling and shall not detract
from the single-family appearance of the primary single-family dwelling
(m) The second residential unit shall not cause a substantial adverse change,
as defined in California Public Resources Code Section 5020.1, in the
significance of any real property that is listed in the California Register of Historic
Places or the City of Tustin Historical Resources Survey
(n) The second residential unit shall be constructed concurrently with, or
subsequent to, the primary single-family dwelling, which shall be conforming or
brought into conformance with the Tustin City Code
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(o) All entrances to the second residential unit shall be to the rear of the primary
single-family dwelling and shall not be visible from the public right-of--way
(p) When the primary single-family dwelling would conform to the development
standards normally applicable to second residential units, and the second
residential unit is built between the primary single-family dwelling and the front
property line, the second residential unit shall be subject to the development
standards normally applicable to the primary single-family dwelling. (Ord. No.
1271, Sec. I I, 6-2-03)
b Conditionally Permitted Uses and Development Standards
1. Churches, schools, parks, playgrounds, public utility and public and quasi-public
buildings and uses, crop and tree farming; subject to use permit.
(a) Maximum height: 30 feet
(b) Minimum building site: 20,000 square feet for churches; 5 acres for schools,
public utility and other uses as specified in use permit
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 20 feet, unless otherwise indicated on Zoning
Map
(f) Minimum side yard setback: 10 percent of lot width
(g) Minimum rear yard setback: 20 percent of lot depth
(h) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
2. Accessory buildings used as guest rooms, providing no cooking facility is installed or
maintained, subject to use permit.
(a) Maximum height: 20 feet
(b) Maximum lot coverage: 30 percent of rear yard
(c) Minimum front yard setback: 50 feet unless otherwise indicated on Zoning
Map
(d) Minimum side yard setback: Comer lot line: 10 feet, Interior lot line: 5 feet
(e) Minimum rear yard setback: 5 feet
(Ord. No. 157, Sec. 4.3; Ord. No. 892, Sec. 2, 8-15-83; Ord. No. 1271, Sec. II, 6-2-03)
9223 SINGLE FAMILY RESIDENTIAL DISTRICT (R-1)
a Permitted Uses and Development Standards
In the Single Family Residential District (R-1) none but the following uses, or uses which in the
opinion of the Planning Commission are similar, will be allowed, subject to the development standards
of this Chapter.
1. Single family dwellings
(a) Maximum height: 30 feet
(b) Minimum building site: 7,200 square feet
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(c) Minimum lot width at property line: 60 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 20 feet
(f) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet clear
and unobstructed on rear 1/3 of lot
(h) Minimum lot area per family unit: 7,200 square feet
(i) Repealed. (Ord. No. 299, Sec. 2; Ord. No. 1354, Sec. II, 11-4-08)
Q) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
2. Accessory buildings only if constructed simultaneously with or subsequent to the
main building on the same lot.
(a) Maximum height: 20 feet
(b) Minimum lot width at property line: 40 feet on cul-de-sacs at property line
(c) Maximum lot coverage: 30 percent of rear yard
(d) Minimum front yard setback: 50 feet
(e) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet clear
and unobstructed on rear 1/3 of lot.
3. Accessory uses normally incidental to single family residences. This is not to be
construed as permitting any commercial uses.
(a) Minimum side yard setback: 1 foot
(b) Minimum rear yard setback: 1 foot except 5 feet required on an alley
4. Day care homes for children. (Ord. No. 563)
5. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
6. Large family day care homes, caring for seven (7) to twelve (12) children, are subject
to the following regulations:
(a) Prior to commencement of operation of any large family day care home, the
applicant for a permit shall complete and submit an application to the Community
Development Department. Information provided on the permit shall include:
Name of operator; address of the home; and a list of property owners within a
100 foot radius of the exterior property boundary of the proposed day care home.
(b) Large family day care homes shall be operated in a manner not exceeding
the noise level in the Tustin Noise Ordinance, nor shall such day care homes be
allowed to operate in a manner that would constitute a nuisance to neighboring
properties. A day care home shall by design, location and layout avoid any
potential noise which may constitute a nuisance to neighboring properties.
(c) A permit shall not be granted for a large day care home that would be
established within 300 feet of the exterior property boundaries of any existing
licensed large family day care home.
(d) All property owners within a 100 foot radius of the exterior property boundary
of a proposed large family day care home, as shown on the last equalized
County assessment roll, shall be notified of the intent to establish such a home.
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(e) No hearing on the application for a permit shall be held by the Planning
Commission unless a hearing is requested by the applicant or a property owner
within a 100 foot radius of the exterior boundary of the proposed home. If no
hearing is requested, the permit shall be granted if the large family day care
home complies with the provisions of this Code.
(f) Any day care home must comply with all regulations adopted and enforced
by the State Fire Marshal and Orange County Fire Department.
(g) The play yard of the home must be enclosed by a minimum six-foot high
fence setback from the required front yard.
(h) The Planning Commission shall not grant a permit for a large family day care
home for any location that has on the property a swimming pool as defined by
Section 102 of the Uniform Swimming Pool Code, as adopted.
(i) Any day care home must comply with the provisions of the State Uniform
Building Code and City of Tustin Building requirements which apply to single
family residences.
(j) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(k) An applicant for a large family day care home shall be licensed or deemed to
be exempt from licensure by the State of California as a large family day care
home.
(I) Nothing contained in the provisions of this .amendment shall preclude the
revocation for cause of any permit granted for a large family day care home
following proceedings conducted by the Planning Commission to determine if
said use is operated in a manner detrimental to the health, safety or welfare of
the community or surrounding properties. (Ord. No. 911, Sec. 3, 5-21-84; Ord.
No. 991, Sec. 2, 8-3-87)
7. Second residential units:
(a) Maximum height: 30 feet
(b) Minimum building site: 12,000 square feet
(c) Maximum overall lot coverage for all structures combined: 50 percent
(d) Maximum lot coverage for the second residential unit: 30 percent of rear
yard and 30 percent of side yard
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached
unit
(f) Minimum front yard setback for off-street parking: 50 feet
(g) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 5 feet
(i) Maximum floor area of second residential unit: 10 percent of total lot area
(j) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(k) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(I) The second residential unit shall be consistent with the architectural style,
materials and color of the primary single-family dwelling and shall not detract
from the single-family appearance of the primary single-family dwelling
(m) The second residential unit shall not cause a substantial adverse change,
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as defined in Califomia Public Resources Code Section 5020.1, in the
significance of any real property that is listed in the Califomia Register of Historic
Places or the City of Tustin Historical Resources Survey
(n) The second residential unit shall be constructed concurrently with, or
subsequent to, the primary single-family dwelling, which shall be conforming or
brought into conformance with the Tustin City Code
(o) All entrances to the second residential unit shall be to the rear of the primary
single-family dwelling and shall not be visible from the public right-of:way
(p) When the primary single-family dwelling would conform to the development
standards normally applicable to second residential units, and the second
residential unit is built between the primary single-family dwelling and the front
property line, the second residential unit shall be subject to the development
standards normally applicable to the primary single-family dwelling. (Ord. No.
1271, Sec. III, 6-2-03)
b Conditionally Permitted Uses and Development Standards
1. Churches, schools, parks, playgrounds, public utility and public and quasi-public
buildings and uses, crop and tree farming; subject to use permit.
(a) Maximum height: 30 feet
(b) Minimum building site: 20,000 square feet for churches, 5 acres for schools,
public utility and other uses as specified in use permit.
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 25 feet, unless otherwise indicated on Zoning
Map
(f) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 20 feet
(h) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
2. Accessory buildings used as guest rooms, providing no cooking facility is installed or
maintained, subject to use permit.
(a) Maximum height: 20 feet
(b) Maximum lot coverage: 30 percent of rear yard
(c) Minimum front yard setback: 50 feet, unless otherwise indicated on Zoning
Map
(d) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(e) Minimum rear yard setback: 5 feet
3. Public or private parking lots for automobiles when adjacent to any "C" or "M" District
and when properly landscaped, subject to use permit. (Ord. No. 157, Sec. 4.2; Ord. No.
1271, Sec. III, 6-2-03)
9224 PLANNED DEVELOPMENT DISTRICT (P-D)
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a Purpose
Page 8 of 18
The P-D, Planned Development District, is hereby authorized to provide for garden apartment
development, regulated so as to cover a minimum of ground area and provide a maximum of open
space. This zone will provide most of the desirable residential characteristics found in single family
residence areas. (Ord. No. 175, Sec. 8)
b Conditionally Permitted Uses
Any use permitted in any "R" District is permitted in the Planned Development District (PD),
subject to a use permit, except that second residential units are not permitted and home occupations in
accordance with this chapter are allowed as outright permitted uses. (Ord. No. 1271, Sec. IV, 6-2-03)
Any application for a use in this district shall be accompanied by complete development plans
and architectural sketches showing the site used for planned development; the character and use of
adjoining land, the design and character, general size, location and use of all buildings and structures
to be placed on the site, and the location and dimensions of streets, parking areas and other uses.
(Ord. No. 175, Sec. 2).
1. Condominiums as defined in Section 1350 of the Civil Code.
2. Community apartment project as defined in Section 11004 of the Business and
Professions Code.
3. Stock cooperatives as defined in Section 11003.2 of the Business and Professions
Code.
4. Bungalow courts.
5. Apartment houses.
6. One permanent resident manager's office devoted solely to the rental of the dwelling
units on the same parcel, provided said office and surrounding grounds retain a
residential character.
7. Accessory buildings.
8. All uses that are subject to a Conditional Use Permit in the R-1 District.
9. Senior citizen developments, rest homes for the aged, provided all provisions set
forth for this district are complied with.
10. Day nursery.
11. Large family day care homes, caring for seven (7) to twelve (12) children subject to
the standards contained in the R-1 District regulations, (Section 9223a6.) (Ord. No. 911,
Sec. 4, 5-21-84; Ord. No. 1189, Sec. 2, 11-17-97)
The foregoing uses are subject to the following minimum and maximum limitationsP
1. Maximum height: 30 feet.
2. Minimum building site: 10,000 square feet.
3. Minimum lot width at property line: 100 feet.
4. Minimum front yard setback: as required for primary uses in the district.
5. Minimum side yard setback: as required for primary uses in the district.
6. Minimum rear yard setback: as required for primary uses in the district.
7. Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
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8. Building requirements and indoor and outdoor. space required per child are
established by the City of Tustin Uniform Building Code and by the State Department of
Social Welfare.
9. Outdoor play areas shall be screened from surrounding properties by a six-foot
eight-inch high solid wall or fence, except when play areas abut public park or playfield.
10. Structures proposed for use as a day nursery or a nursery school shall be
inspected and approved by the Fire Department prior to occupancy. (Ord. No. 175,
Secs. 2, 8; Ord. No. 330, Sec. 2a; Ord. No. 372, Sec. 3; Ord. No. 553, Sec. 3; Ord. No.
790, Sec. 1, 2-20-79)
c Submittal of Preliminary Drawings
1. Any application for a use permit in this district shall comply with Section 9291 and be
submitted to the Planning Commission and accompanied by complete preliminary
architectural development plans. These shall show the character, use and zone of
adjoining land, the design and character, landscaping, general size, location and use of
all buildings and structures to be placed on the site, location and dimensions of streets,
parking areas, open areas and other areas.
2. Ingress and egress of fire fighting equipment, fire hydrants and other fire protection
facilities are subject to approval of the Fire Chief. (Ord. No. 175, Sec. 8)
d Submittal of Final Development Plans. Detail to be shown:
1. Every application for a building permit for the development of property in the P-D
District shall be re-submitted for approval to the Planning Commission, and shall be
accompanied by detailed architectural drawings, and plot plans, all to a workable scale,
showing the elevation and location of the proposed buildings; proposed location and
type of landscaping; use and treatment of grounds around such buildings or structures;
off-street parking, physical features such as trees, hydrants, electric and telephone
poles, flood lights, driveways, fences, signs, proposed drainage, sewage disposal
facilities and any other pertinent information considered appropriate by the applicant or
Planning Commission to bring the development within the purpose of this district.
2. All plans shall show thereon hose cabinets, wet stand pipes with siamese
connections and any other facilities considered to provide adequate fire protection. Said
location and type of such facilities shall be approved by the Fire Chief of the City of
Tustin prior to the approval of the development plans by the Planning Commission as set
forth in this Section.
3. Water drainage and run-off shall, also, be approved by the City Engineer of Tustin,
prior to approval of development plans by the Planning Commission. (Ord. No. 175, Sec.
8)
e Development Standards
1. Any development in this District shall be surrounded by a solid redwood or cedar
fence or masonry wall or combination thereof. However, nothing herein shall require the
construction of the aforementioned fence along any property line abutting a street, alley
or at driveway entrances and exits.
2. All required yards shall be landscaped and maintained in accordance with the
approved landscape plan.
3. If any parcel zoned P-D is to be developed in accordance with the provisions set
forth for this District and said parcel abuts a street not improved to City standard, the
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owner shall dedicate the necessary street easement to the City and improve said street
so as to be in accordance with the design standards and specifications of The City prior
to the issuance of a utility release by the Building Department.
4. All trash collection and garbage collection areas shall be surrounded on at least
three sides by a five (5) foot fence or block wall, with adequate access to and from these
areas for trash and garbage collection vehicles.
5. Due to the complexity of Planned Development, it is illogical and impractical to define
herein an exact pattern for the arrangement of group dwellings for a parcel involving two
or more main dwellings; however, it is the intent of this District to provide a functional
and non-monotonous orientation of buildings with a maximum of open space around
each main building consisting of courts, parkways and patio areas all oriented so as to
provide separation of vehicular traffic from play areas and recreational areas for children
and adults.
6. Repealed. (Ord. No. 1354, Sec. 11, 11-4-08)
7. Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
8. Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
9. All interior streets and private drives shall be constructed to the standard set forth by
the City prior to the dedication of any such streets to the City. Streets not so constructed
need not be accepted by the City. (Ord. No. 175, Sec. 8)
f Approval of Final Development Plans by Planning Commission
The Planning Commission shall approve or cause to be approved the aforementioned
development plans, as set forth in Paragraph d above, if all provisions for this District are complied with
and the development is within the spirit and intent of this District, as determined by the Planning
Commission. All development shall be in accordance with the approved plans prior to a utility release
by the Building Department. (Ord. No. 175, Sec. 8)
g Specific Standards
1. Height Limit:
(a) None, except as limited herein below.
(b) When a lot in the PD district abuts at any point along its property lines or is
directly across a street or alley from property zoned R-A, E-4 or R-1 (developed
or undeveloped), no main building shall be erected on said PD lot to a height to
exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within
one hundred fifty (150) feet of said R-A, E-4 or R-1 zoned property, unless the
Planning Agency shall grant a conditional use permit thereof.
(c) Further, no main building shall be erected on said PD lot to a height to
exceed three (3) stories, and/or fifty (50) feet, whichever is more restrictive,
within three hundred (300) feet of said R-A, E-4 or R-1 zoned (developed or
undeveloped) property, unless the Planning Agency shall grant a conditional use
permit thereof. (Ord. No. 248, Sec. 4; Ord. No. 862, Sec. 2, 12-21-81)
2. Side Yard
(a) When any interior side properly line of a lot in the district abuts property in
the R-A, E-4 or R-1 District, each dwelling shall have a required side yard along
said property line of not less than fifteen (15) feet with landscaping.
(b) When any interior side property line of a lot in the P-D District abuts property
in the P-D District or any other District not set forth in Paragraph (a) above, there
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shall be a required side yard along that side property line of not less than five (5)
feet regardless of the height of the dwelling on the lot.
(c) When any interior side property line of a lot in the District abuts a lot or lots
having zone classifications of R-A, E-4, or R-1 and any other District, Paragraph
(a) above shall apply in the determination of the required side yard along that
entire interior side property line.
(d) On comer lots, the side yard on the street side shall not be less than ten (10)
feet. (Ord. No. 175, Sec. 8)
3. Rear yard
(a) When any lot zoned P-D has a rear properly line abutting property in the R-
A, E-4 or R-1 District, each dwelling shall have a required rear yard of not less
than fifteen (15) feet with landscaping.
(b) When any lot zoned P-D has a rear property line abutting a lot in any other
district not set forth in Paragraph (a) above, there shall be a required rear yard of
not less than ten (10) feet:
(c) When any tot in the P-D District has a rear property line common to a
property line of a lot or lots having zone classification of R-A, E-4 or R-1 and any
other district, paragraph (a) above shall apply in the determination of the required
rear yard along that entire rear property line. (Ord: No. 175, Sec. 8)
4. Minimum gross floor area
(a) The following uses shall be subject to the following minimum square feet of
gross floor area per unit exclusive of garages, carports and unenclosed porches
and patios.
Bachelor units: 450 square feet
One bedroom units: 650 square feet
Two bedroom units: 800 square feet
(b) Further, for each additional bedroom in excess of two (2) bedrooms in an
apartment unit, there shall be an additional one hundred (100) square feet of
gross floor area. (Ord. No. 175, Sec. 8; Ord. No. 790, Sec. 2, 2-20-79)
5. Minimum number of square feet required for each housekeeping unit
There shall be no minimum lot size established in any P-D Planned Development.
However, the minimum number of square feet of land required for each family or
housekeeping unit in a Planned Development shall be as designated by the number
following the symbol "P-D" on the particular Official Zoning Map. This provision shall not
govern any P-D Planned Development Zone established prior to the adoption of this
Subsection. (Ord. No. 248, Sec. 3)
6. Open space requirement
A minimum of four hundred (400) square feet of open space recreation area shall be
provided per dwelling unit within a common designated recreation area. Private attached
ground level patios may be credited toward the open space requirement if restricted to
only permit covers open on three (3) sides. In addition to the recreation area
requirement, all structural setback areas, excluding driveways and walkways shall be
landscaped. (Ord. No. 175, Sec. 8; Ord. No. 851, Sec. 1, 6-1-81; Ord. No. 906, Sec. 1,
2-21-84)
7. Repealed. (Ord. No. 573, Sec. 2; Ord. No. 906, Sec. 2, 2-21-84; Ord. No. 1354, Sec.
II, 11-4-08)
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8. Subdivision of property development under the district
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Upon completion of a property development in the P-D District, no portion of the property
involved in said development shall be severed or sold, unless said severed parcel and
the development thereon complies with all provisions set forth for the P-D District and is
approved by the Director of Community Development prior to such subdivision. (Ord. No.
175, Sec. 8; Ord. No. 906, Sec. 3, 2-21-84)
9. Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
9225 DUPLEX RESIDENTIAL DISTRICT (R-2)
a Permitted Uses and Development Standards
In the Duplex Residential District (R-2) none but the following uses, or uses which in the opinion
of the Planning Commission are similar will be allowed, subject to the development standards of this
Chapter.
1. All uses permitted in the R-1 District, subject to a use permit if required for the use in
an R-1 District.
(a) Maximum height: As specified in the R-1 District
(b) Minimum building site area: As specified in the R-1 District
(c) Minimum lot width: As specified in the R-1 District
(d) Minimum lot coverage: As specified in the R-1 District
(e) Minimum yard setbacks: As specified in the R-1 District
(f) Minimum lot area per family unit: 3,500 square feet
(g) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(h) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
2. Duplexes or Detached Single-family Dwellings. (Ord. No. 1271, Sec. V, 6-2-03)
(a) Maximum height: 35 feet
(b) Minimum building site: 7,200 square feet
(c) Minimum lot width at property line: 60 feet
(d) Maximum lot coverage: 50 percent
(e) Minimum front yard setback: 20 feet
(f) Minimum side yard setback: Comer lot 10 feet; Interior 5 feet
(g) Minimum rear yard setback: 10 feet
(h) Minimum lot area per family unit: 3,500 square feet (Ord. No. 299, Sec. 4)
(i) Repealed. (Ord. No. 733, Sec. 1; Ord. No. 1354, Sec. II, 11-4-08)
Q) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
3. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
b Conditionally Permitted Uses and Development Standards
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1. Triplex (single structure) subject to a use permit
(a) Maximum height: 35 feet
(b) Minimum building site area: 7,200 square feet
(c) Minimum lot width at property line: 60 feet
(d) Maximum lot coverage: 50 percent
(e) Minimum front yard setback: 20 feet
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(f) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
(h) Minimum lot area per family unit: 3,500 square feet (Ord. No. 299, Sec. 4)
(i) Repeated. (Ord. No. 733, Sec. 2; Ord. No. 1354, Sec. II, 11-4-08)
(j) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
2. Day nursery or nursery school, subject to use permit
(a) Maximum height: 30 feet
(b) Minimum building site area: 10,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Minimum front yard setback: 20 feet
(e) Minimum side yard setback: Comer lot line: 10 feet: Interior lot line: 5 feet
(f) Minimum rear yard setback: 10 feet
(g) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(h) Building requirements and indoor and outdoor space required per child are
established by the City of Tustin Uniform Building Code and by the State
Department of Social Welfare.
(i) Outdoor play areas shall be screened from surrounding properties by a six-
foot eight-inch high solid wall or fence, except when play areas abut public park
or playfield.
(j) Structures proposed for use as a day nursery or a nursery school shall be
inspected and approved by the Fire Department prior to occupancy. (Ord. No.
372, Sec. 3 and 4)
(k) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
c Maximum Height, Exception
Notwithstanding any provision to the contrary contained in this Section 9225, when a lot in the
R-2 District abuts at any point along its property lines or is directly across a street or alley from property
zoned R-A, E-4 or R-1 (developed or undeveloped), no main building shall be erected on said R-2 lot to
a height to exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within one
hundred fifty (150) feet of said R-A, E-4 or R-1 zoned property, unless the Planning Agency shall grant
a conditional use permit therefor. (Ord. No. 157, Sec. 4.5; Ord. No. 862, Sec. 2, 12-21-81)
9226 MULTIPLE FAMILY RESIDENTIAL DISTRICT (R-3)
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a Permitted Uses and Development Standards
In the Multifamily Residential District (R-3) none but the following uses or uses which in the
opinion of the Planning Commission are similar, will be allowed, subject to the development standards
herein prescribed:
1. All uses permitted in the R-2 District, subject to a use permit if required for the use in
an R-2 District.
(a) Maximum height: As specified in the R-2 District
(b) Minimum building site area: As specified in the R-2 District
(c) Minimum lot width at property line: As specified in the R-2 District
(d) Maximum lot coverage: As specified in the R-2 District
(e) Minimum landscape open space: 35 percent
(f) Minimum front yard setback: As specified in the R-2 District
(g) Minimum side yard setback: As specified in the R-2 District
(h) Minimum rear yard setback: As specified in the R-2 District
(i) Minimum lot area per family unit: 1,750 square feet
(j) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(k) Repealed. (Ord. No. 733, Sec. 3; Ord. No. 906, Sec. 4, 2-21-84; Ord. No.
1240, Sec. 2, 8-6-01; Ord. No. 1271, Sec. VI, 6-2-03; Ord. No. 1354, Sec. II, 11-
4-08)
2. Multiple family dwellings, apartment houses
(a) Maximum height: 35 feet
(b) Minimum building site area: 7,000 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 65 percent
(e) Minimum landscape open space: 35 percent
(f) Minimum front yard setback: 15 feet (unless otherwise indicated on zoning
maps)
(g) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 10 feet
(i) Minimum lot area per family unit: 1,750 square feet
(j) Repealed. (Ord. No. 733, Sec. 4; Ord. No. 906, Sec. 5, 2-21-84; Ord. No.
1354, Sec. II, 11-4-08)
(k) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
3. Accessory building normally incidental to any of the above. This shall not be
construed as permitting any commercial use or occupation other than those specifically
listed.
(a) Maximum height: 20 feet
4. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
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b Conditionally Permitted Uses and Development Standards
1. Condominiums as defined in Section 1350 of the Civil Code, Community Apartment
Projects as defined in Section 1100.4 of the Business and Professions Code and Stock
Cooperatives as defined in Section 11003.2 of the Business and Professions Code,
each subject to a use permit, and when developed or to be developed pursuant to the
criteria of the Planned Development District. (Ord. No. 553, Sec. 2; Ord. No. 790, Sec. 3,
2-20-79; Ord. No. 805, Sec. 1, 7-2-79)
2. Professional offices, subject to use permit
(a) Maximum height: 40 feet
(b) Minimum building site: 7,000 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: 15 feet (unless otherwise indicated on Zoning
Maps)
(f) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
(h) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(i) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
3. Hotels, motels and boarding houses, subject to use permit
(a) Maximum height: 2 stories or 35 feet
(b) Minimum building site: 7,500 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: 20 feet
(f) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 25 feet
(h) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(i) Minimum common open space for boarding houses: 300 square feet per
boarding or rooming house and 50 square feet per occupant. Common open
space shall consist of unenclosed or partially enclosed areas set aside for
passive and active recreational uses. Common open space shall not include
driveways, parking areas, or required front and side yard setback areas.
Q) Minimum private open space for boarding houses: 25 square feet per
occupant. Private open space shall consist of partially enclosed areas set aside
for passive and active recreational uses that are assigned to individual occupants
and/or rooms, such as private patios or balconies. (Ord. No. 1225, Sec. III, 1-17-
00)
(k) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
4. Community centers, social halls, lodges, clubs and rest homes, subject to a use
permit
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(a) Maximum height: 40 feet
(b) Minimum building site: 7,500 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(f) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
(h) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(i) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
(Ord. No. 1240, Sec. 2, 8-6-01)
5. Day nursery, or nursery school, subject to use permit
(a) Maximum height: 30 feet
(b) Minimum building site area: 10,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Minimum front yard setback: 15 feet
(e) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(fa Minimum rear yard setback: 10 feet
(g) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(h) Building requirements and indoor and outdoor space required per child are
established by the City of Tustin Uniform Building Code and by the State
Department of Social Welfare.
(i) Outdoor play areas shall be screened from surrounding properties by a six-
foot eight-inch high solid wall or fence, except where play areas abut public park
or playfield.
(j) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
6. Repealed by Ord. No. 1271, Sec. VII.
7. Repealed by Ord. No. 1271, Sec. VII.
8. Multiple family dwellings: Reconstruction/replacement
Multiple family dwellings damaged or destroyed due to catastrophic events may be
reconstructed or replaced by new identical construction pursuant to the same
development standards applied to the damaged or destroyed dwelling units. However,
repair or replacement construction shall comply with all cun'ent building and fire code
regulations. (Ord. No. 906, Sec. 6, 2-21-84)
c Maximum Height, Exception
Notwithstanding any provision to the contrary contained in this Section 9226, when a lot in the
R-3 District abuts at any point along its property lines or is directly across a street or alley from property
zoned R-A, E-4 or R-1 (developed or undeveloped), no main building shall be erected on said R-3 lot to
a height to exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within one
hundred fifty (150) feet of said R-A, E-4 and R-1 zoned property, unless the Planning Agency shall
grant a conditional use permit thereof. (Ord. No. 862, Sec. 3, 12-21-81)
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9227 MOBILEHOME PARK DISTRICT (MHP)
a Conditionally Permitted Uses
In the Mobilehome Park District (MHP), none but the following uses, or uses which in the
opinion of the Planning Commission are similar will be permitted, subject to the granting of a
Conditional Use Permit, subject to the development standards of this Chapter:
1. Mobilehome park
2. Travel trailer parks
3. Permanent recreational, accessory and service structures.
b Development Standards
Development standards shall be the following:
1. Minimum building site:
(a) Mobilehome park or travel trailer park five (5) acres.
(b) Individual lot--The total area of all trailer and/or mobilehome spaces shall be
equal to or greater than the product of the total number of spaces multiplied by
2,800 square feet.
(c) Travel trailer spaces, with a minimum lot size of 1,500 square feet, shall not
exceed ten (10) percent of the total spaces in a mobilehome park.
2. Maximum density:
(a) Mobilehome park-Ten (10) dwelling units per net acre (public streets
excluded).
(b) Travel trailer park-Fifteen (15) dwelling units per net acre.
(c) Any existing and developed parcel which is legal and conforming or legally
non-conforming as of the date of the adoption of this subsection, and with the
acquisitions of public rights-of--way by a public agency would result in densities
exceeding the density permitted by the Zoning Code or would result in an
increased nonconformity with regard to density shall not be considered
nonconforming pursuant to Section 9227 b 2 and Section 9273 of the Zoning
Code with regard to density only, provided that all other provisions' of the Zoning
Code are satisfied. (Ord. No. 1075, Sec. 2, 8-19-91)
3. Maximum height: Thirty (30) feet.
4. Minimum yards and setbacks:
(a) Front yard: Trailer Park-None
Individual lot--Five (5) feet (measured from curb to actual structure, hitch
excluded)
(b) Side yard: Trailer Park-None
Individual lot--Three (3) feet
5. Maximum lot coverage--75 percent
6. Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
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7. Recreation area required:
A minimum of 100 square feet of recreational space shall be provided for each trailer or
mobilehome lot in the park. If more than 25 percent of the spaces in the park are
occupied by persons having one (1) or more children under the age of fifteen (15), an
additional fifty (50) square feet of recreational space shall be provided for each trailer or
mobilehome lot so occupied.
8. Fences and walls:
Any mobilehome or travel trailer park shall be surrounded by a six-foot, sight-obscuring
fence or wall, of uniform treatment, except within twenty-five (25) feet of an entrance to,
or exit from, a public street where such fence or wall shall have a maximum height of
three (3) feet unless greater height is specifically approved in the conditional use permit.
9. Clothes drying:
An enclosed area screened from view shall be provided for the outdoor drying of clothes.
No clothes drying shall be permitted on the individual lot unless done within an enclosed
structure.
10. Irrigation of landscaped areas:
All landscaped areas, other than on individual spaces, shall be provided with an
irrigation system.
11. Architectural approval:
All recreational and service structures, landscaping and the exterior fence constructed in
a mobile home or travel trailer park shall be approved by the Architectural Committee.
(Ord. No. 329, Sec. 2)
12. Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
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9228 SUBURBAN RESIDENTIAL DISTRICT (R-4)
a Permitted Uses
In the Suburban Residential District (R-4) none but the following uses, or uses which in the
opinion of the Planning Commission are similar, will be allowed, subject to the development standards
of this Chapter.
1. General farming of agricultural crops on the land and grazing, but not including any
poultry or animal raising enterprise conducted on a commercial basis.
2. Public recreation areas and buildings, parks, playfields and playgrounds.
3. One-family dwellings, two (2) or more detached one-family dwellings, two-family
dwellings, multiple-family dwellings and apartment houses, all of a permanent character,
placed in permanent locations. (Ord. No. 1225, Sec. 2, 1-17-00)
4. Accessory buildings, structures and uses, including recreational structures opp. to
dwellings normally accessory and incidental to the use of a building or premises for any
of the uses permitted in this Section.
5. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
6. Large family day care homes, caring for seven (7) to twelve (12) children subject to
the standards contained in the R-1 District regulations, Section 9223a.6. (Ord. No. 911,
Sec. 5, 5-21-84)
b Conditionally Permitted Uses
The following are permitted uses, subject to the issuances of a use permit therefor, as
prescribed in Section 9291:
1. Electric distribution substations, gas metering and regulating stations and other
similar public utility structures and uses rendering direct services to the public in a local
area.
2. Churches, museums, libraries, public schools and colleges, private schools and
colleges.
3. Private parks and recreation areas, recreation buildings, playfields and playgrounds,
but not including amusement parks or other parks of a commercial nature.
4. Day nursery or nursery school
(a) Maximum height: 30 feet
(b) Minimum building site area: 10,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Minimum front yard setback: 20 feet
(e) Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
(f) Minimum rear yard setback: 25 feet
(g) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(h) Building requirements and indoor and outdoor space required per child are
established by the City of Tustin Uniform Building Code and by the State
Department of Social Welfare.
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(i) Outdoor play areas shall be screened ftom surrounding properties by a six-
foot eight-inch high solid wall or fence, except when play areas abut public park
or playfield.
(j) Stnactures proposed for use as a day nursery or a nursery school shall be
inspected and approved by the Fire Department prior to occupancy. (Ord. No.
372, Sec. 3 and 4)
(k) Driveways: Subject to Subsection 9271 bb. (Ord. No. 1240, Sec. 2, 8-6-01)
5. Boarding Houses
(a) Maximum height: 2 stories or 35 feet
(b) Minimum building site: 7,500 square feet
(c) Maximum lot coverage: 75 percent
(d) Minimum front yard setback: 20 feet
(e) Minimum side yard setback: Comer lot line: 10 feet, Interior lot line: 5 feet
(f) Minimum rear yard setback: 25 feet
(g) Repealed. (Ord. No. 1354, Sec. I1, 11-4-08)
(h) Minimum common open space: 300 square feet per boarding house and 50
square feet per occupant. Common open space shall consist of unenclosed or
partially enclosed areas set aside for passive and active recreational uses.
Common open space shall not include driveways, parking areas, or required front
and side yard setback areas.
(i) Minimum private open space: 25 square feet per occupant. Private open
space shall consist of partially enclosed areas set aside for passive and active
recreational uses that are assigned to individual occupants and/or rooms, such
as private patios or balconies. (Ord. No. 1225, Sec. 5, 1-17-00)
(j) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-OS)
c Development Standards
1. Maximum height: 2 stories of 35 feet
2. Minimum building site: 7,200 square feet
3. Minimum front yard setback: 20 feet
4. Minimum side yard setback: Comer lot line: 10 feet; Interior lot line: 5 feet
5. Minimum rear yard setback: 25 feet
6. Minimum lot area. per family unit: 3,000 square feet. (Ord. No. 202)
7. Repealed. (Ord. No. 733, Sec. 6; Ord. No. 906, Sec. 7, 2-21-84; Ord. No. 1354, Sec.
II, 11-4-08)
8. Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
d Maximum Height, Exception
Notwithstanding any provision to the contrary contained in this Section 9228, when a lot in the
R-4 District abuts at any point along its property lines or is directly across a street or alley from property
zoned R-A, E-4 or R-1 (developed or undeveloped), no main building shall be erected on said R-4 lot to
a height to exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within one
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hundred fifty (150) feet of said R-A, E-4 or R-1 zoned property, unless the Planning Agency
shall grant a conditional use permit thereof. (Ord. No. 862, Sec. 4, 12-21-81)
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9231 PROFESSIONAL DISTRICT (Pr)
a Permitted Uses
In the Professional District (Pr) none but the following uses, or uses which in the opinion of the
Planning Commission are similar, will be allowed.
1. Single-family dwellings and those accessory structures, buildings and uses normally
incident to the uses of a building or premises for single-family occupancy subject to the
requirements of the R-1 District.
2. Professional offices for: Architect, attorney, chiropractor, dentist, doctor, oculist,
optometrist, and others licensed by the State of California to practice the healing arts,
including clinics for outpatients only, laboratories for X-ray and diagnostic purposes, as
generally associated with any of the above; engineer, land surveyor, land planner and
accountant.
3. General offices for: Building consultants, draftsmen and economic consultants.
4. Accessory structures, buildings and uses normally incident to any of the above listed
commercial uses except that no building site may be used simultaneously for residential
and professional purposes.
5. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
6. Personnel agency. (Ord. No. 324)
7. Answering service (Ord. No. 324)
8. Collection agency. (Ord. No. 324)
9. Insurance agency. (Ord. No. 324)
10. Land and property management. (Ord. No. 324)
11. Contractors business office. (Ord. No. 324)
12. Advertising agency. (Ord. No. 324)
13. Photographer. (Ord. No. 324)
14. Interior decorator or artist studio. (Ord. No. 324)
15. Management, technical or professional consultant. (Ord. No. 324)
16. Stock broker. (Ord. No. 324)
17. Social work. (Ord. No. 324)
18. Travel agency. (Ord. No. 324)
19. Title insurance company. (Ord. No. 324)
20. Dispensing pharmacy, selling only drugs, medicines and health aid. (Ord. No. 324)
b Development Standards
1. Maximum height: Two stories or 35 feet
2. Minimum building site: 7,200 square feet
3. Minimum front yard setback: 20 feet
4. Minimum side yard setback: 5 feet
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5. Minimum year yard setback: 1 story building, 5 feet; 2 story building, 10 feet
6. Minimum lot area per family unit: 7,200 square feet
7. Repealed. (Ord. No. 963, Sec. 2A, 1-20-86; Ord. No. 1354, Sec. II, 11-4-08)
8. Repealed. (Ord. No. 1206, Sec. 2, 9-21-98; Ord. No. 1354, Sec. II, 11-4-08)
9. Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. I I, 11-4-08)
c General Conditions and Regulations for Permitted Uses
1. General conditions and regulations of building and site use for all permitted uses
except single-family dwellings and those accessory structures, buildings and uses
normally incident to the uses of a building or premises for single-family occupancy,
subject to the requirements of the R-1 District:
(a) Except for parking areas, which may [be] unenclosed, all uses shall be
conducted wholly within an enclosed building.
(b) All storage shall be within an enclosed building, and shall be limited to the
accessory storage of supplies utilized in the business conducted upon the
premises.
(c) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(d) All portions of the building site, exclusive of structures, parking areas,
driveways and walkways, shall be landscaped and maintained.
(e) Repealed. (Ord. No. 1354, Sec. I I, 11-4-08)
(f) No certificate of use and occupancy shall be granted until these requirements
are met.
2. General conditions and regulations for the establishment, operation and
maintenance of all permitted uses are as follows:
(a) Prior to the issuance of a building permit by the Department of Building and
Safety, the following shall be submitted to and approved by the Planning
Commission:
A plot plan drawn to scale, showing dimensions and locations of all existing and
any proposed buildings, signs, driveways, off-street parking areas and abutting
streets or highways.
Architectural plans and specifications for any proposed building or alterations to
existing buildings.
Provisions for landscaping of the property, including, but not limited to, provisions
for screen planting, lawn areas, trees, shrubs, irrigation, driveways and
walkways. (Ord. No. 200)
d Conditionally Permitted Uses
The following uses are authorized subject to a conditional use permit:
1. Professional, instructional, motivational and/or seminar schools. (Ord. No. 957, Sec.
2, 1-6-86; Ord. No. 1354, Sec. II, 11-4-08)
2. Adult entertainment booking agency, as defined in section 3731 of this Code. (Ord.
No. 1170, Sec. 2, 6-3-96)
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9232 RETAIL COMMERCIAL DISTRICT (C-1)
a Permitted Uses
The following uses, or unlisted uses which, in the opinion of the Community Development
Director and/or Planning Commission, are resolved to be similar, will only be allowed in those Retail
Commercial District buildings specifically approved for occupancy by the respective land use category.
(Ord. No. 157, Sec. 4.7; Ord. No. 264, Sec. 1; Ord. No. 896, Sec. 1, 11-21-83; Ord. No. 1317, Sec. II,
9-18-06)
1. Retail businesses, exemplified by the following list, when conducted within a
building:
(a) Antiques and curios
(b) Art goods
(c) Appliance stores
(d) Bakeries
(e) Bicycle sales (including repairs)
(f) Books and stationary
(g) Ceramics (not including molding, casting or manufacturing by any process)
(h) Clothing
(i) Confectionery
(j) Department store
(k) Drug store (including sundries and notions)
(I) Dry goods
(m) Florist shops
(n) Food market (Ord. No. 293, Sec. 1)
(o) Hardware (but not including equipment rentals)
(p) Household goods and furnishings
(q) Jewelry stores (including repair and watchmaking)
(r) Leather goods
(s) Reserved (Ord. No. 896, Sec. 2, 11-21-83)
(t) Musical supplies and instruments
(u) News stands
(v) Office supplies and equipment
(w) Paint and wallpaper
(x) Real estate offices (Ord. No. 293, Sec. 1)
(y) Religious supplies
(z) Shoe stores
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(aa) Sporting goods (but not including boat and motor sales)
(bb) Variety store
(cc) Off-site alcoholic beverage sales located within a building and permitted
business with at least 15,000 square feet of gross floor area and where the
alcoholic beverage sales area within the building occupies no more than 10
percent of the gross floor area. (Ord. No. 1101, Sec. 1A, 11-16-92)
2. Service businesses, exemplified by the following list, including any retail sales
incidental thereto, when conducted within a building:
(a) Banks and finance companies (including those providing drive-in service)
(b) Barber shops
(c) Beauty parlor
(d) Blue printing
(e) Reserved (Ord. No. 896, Sec. 2, 11-21-83)
(f) Reserved (Ord. No. 1317, Sec. II, 9-18-06)
(g) Coin-operated dry cleaning establishments (provided no pressing is done on
the premises)
(h) Coin-operated self-service Laundromats
(i) Dry-cleaning and laundry agencies (pick up and delivery only)
(j) Reserved (Ord. No. 896, Sec. 2, 11-21-83)
(k) Reserved (Ord. No. 1317, Sec. II, 9-18-06)
(I) Reserved (Ord. No. 1317, Sec. II, 9-18-06)
(m) Locksmith
(n) Photograph gallery
(o) Restaurants (not including drive-ins)
(p) Seamstress or millinery shop
(q) Shoe or luggage repair shop
(r) Tailor shop
(s) Reserved (Ord. No. 1317, Sec. II, 9-18-06)
(t) Travel agency
(u) Reserved (Ord. No. 1317, Sec. II, 9-18-06)
(v) Reverse vending machines subject to the following regulations:
(1) Established in conjunction with a supermarket which is in compliance
with the zoning, building and fire codes of the City of Tustin;
(2) Located within 30 feet of the entrance to the supermarket and shall
not obstruct pedestrian or vehicular circulation;
(3) Does not occupy parking spaces required by the primary use;
(4) Occupies no more than 50 square feet of floor space per installation,
including any protective enclosure;
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(5) Maximum height: 8 feet;
(6) Constructed and maintained with durable waterproof and rustproof
material;
(7) Clearly marked to identify the type of material to be deposited,
operating instructions, and the identity and phone number of the operator
or responsible person to call if the machine is inoperable;
(8) Sign area shall be limited to a maximum of 4 square feet per
machine, exclusive of operating instructions;
(9) Maintained in a clean, litter-free condition on a daily basis;
(10) Operating hours shall be at least the operating hours of the
supermarket (host use), but may be 24 hours;
(11) Illuminated to ensure comfortable and safe operation if operating
hours are between dusk and dawn;
(12) Outdoor storage of any kind is prohibited. (Ord. No. 993, Sec. 2, 9-
8-87)
3. Professional offices for:
(a) Architect
(b) Attorney
(c) Chiropractor
(d) Dentist
(e) Doctor
(f) Oculist
(g) Optometrist
(h) Others licensed by the State of California to practice the healing arts,
including clinics for out-patients only.
(i) Engineer
(j) Land planner
(k) Surveyor
4. General Offices for:
(a) Accountants
(b) Advertising agency
(c) Contractors and building consultants
(d) Drafting
(e) Economic consultant
(f) Escrow
(g) Insurance
(h) Public utility office (but not including corporate yards)
b Conditionally Permitted Uses
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The following additional uses are permitted in the C-1 District subject to a use permit.
(a) Adult bookstores (Ord. No. 699, Sec. 1)
(b) Auto supplies (installation of minor replacement parts and accessories within an
enclosed building)
1. Repealed. (Ord. No. 407; Ord. No. 1354, Sec. II, 11-4-08)
(c) Bakeries, wholesale
(d) Commercial parking lots
(e) Clubs
(f) Figure modeling studios (Ord. No. 699, Sec. 1)
(g) Fraternal organizations and lodges
(h) Massage establishments (Ord. No. 699, Sec. 1)
(i) Mortuaries
Q) Nursery school
(1) Maximum height: 30 feet
(2) Minimum building site: 10,000 square feet
(3) Minimum lot width at property line: 100 feet
(4) Minimum side yard setback: None, 10 feet when property abuts on lot in "R"
District
(5) Minimum rear yard setback: None, 5 feet when property abuts on lot in "R"
District
(6) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(7) Building requirements and indoor and outdoor space required per child are
established by the City of Tustin Uniform Building Code and by the State
Department of Social Welfare.
(8) Outdoor play areas shall be screened from surrounding properties by a 6'8"
high solid wall or fence, except when play areas abut public park or playfield.
(9) Structures proposed for use as a day nursery or a nursery school shall be
inspected and approved by the Fire Department prior to occupancy. (Ord. No.
372, Secs. 3 and 4)
(10) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
(k) Service stations
(1) Maximum height: 35 feet
(2) Minimum building site: 10,000 square feet
(3) Minimum lot width at property line: 100 feet
(4) Maximum tot coverage by building or structures: 50 percent
(5) Minimum front yard setback: 15 feet unless otherwise indicated on Zoning
Map
(6) Minimum side yard setback: 8 feet
(7) Repealed. (Ord. No. 339, Sec. 2; Ord. No. 1354, Sec. II, 11-4-08)
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(8) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
(I) Small animal hospitals or clinics
(1) Repealed. (Ord. No. 352, Sec. 3; Ord. No. 1354, Sec. I1, 11-4-08)
(m) Social halls
(n) Rest homes
(o) Theaters and other uses which, in the opinion of the planning commission, are of
similar nature.
(p) Alcoholic beverage sales establishments subject to the following criteria and the
Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments.
Off-site alcoholic beverage sales located in a building and permitted business with less
than 15,000 square feet of gross floor area, and permitted businesses with more than
15,000 square feet of gross floor area where the off-site alcoholic beverage sales area
within the building occupies more than 10 percent of the gross floor area, subject to the
following minimum distance regulations:
(1) 300 feet from any residentially zoned or used property.
500 feet from any other existing off-site sales establishment.
600 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home.
600 feet from existing on-site sales establishments, except restaurant
establishments.
(2) Minimum distances between off-site sale establishments and; residentially
zoned or used property, churches, places of worship, public or private schools,
parks, playgrounds, clinics, hospitals, health care facilities and convalescent
homes shall be computed by measuring the distance from the closest entry/exit
provided for publiGcustomer access of the off-site establishment to the property
line of any of the above uses, whether inside or outside the city boundaries.
(3) Minimum distances between off-site sales establishment and another off-site
or on-site sales establishment except for restaurant establishments whether
inside or outside the city boundaries, shall be computed by measuring the
distance between the closest exterior structural walls of each use.
(4) Specialty stores as defined in Section 9297 of the Tustin City Code shall be
exempt from minimum distance regulations. (Ord. No. 1237, Sec. 2, 6-4-01)
On-site alcoholic beverage sales establishments except for restaurant establishments
subject to the following minimum distance regulations:
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except for restaurant establishments or
off-site sales establishments.
1,000 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments except for
restaurant establishments and; residentially zoned or used property, churches,
places of worship, public or private schools, parks, playgrounds, clinics,
hospitals, health care facilities and convalescent homes shall be computed by
measuring the distance from the closest exterior wall of the on-site establishment
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to the property line of any of the above uses, whether inside or outside the city
boundaries.
(3) Minimum distances between on-site sales establishments and another off-
site or on-site sales establishment except for restaurant establishments whether
inside or outside the city boundaries, shall be computed by measuring the
distance between the closest exterior structural walls of each use. (Ord. No. 920,
Sec. 1, 11-19-84; Ord. No. 981, Sec. 2, 5-4-87; Ord. No. 1101, Sec. 1E, 11-16-
92; Ord. No. 1161, Sec. 1A, 1-2-96; Ord. No. 1230, § 2, 6-19-00)
(q) Bowling alleys
(r) Hotels and motels
(s) Development or construction of new building structures where more than fifty (50)
percent of the total floor area, or any portion of the ground floor area is designated for
occupancy by professional or general ofFices. (Ord. No. 896, Sec. 3, 11-21-83)
(t) Fortune-telling businesses as defined by Section 3811 of the Tustin City Code. (Ord.
No. 958, Sec. 1, 1-20-86)
(u) Convenience stores. (Ord. No. 981, Sec. 1, 5-4-87)
(v) Bulk vending machines, subject to the following regulations:
(1) Established in conjunction with an existing supermarket which is in
compliance with the zoning, building and fire codes of the City of Tustin;
(2) No larger than 500 square feet and not occupying any parking spaces
required by the primary use;
(3) Maximum height: 10 feet;
(4) Shall not obstruct pedestrian or vehicular circulation, and shall be located
within 100 feet of the host use;
(5) Minimum setbacks: 10 feet from any property line;
(6) Accept only glass, metals, plastic containers, papers and reusable items.
Used motor oil may be accepted with permission of the Orange County Fire and
Health Departments;
(7) No power-driven processing equipment except for reverse vending
machines shall be used;
(8) Containers are constructed and maintained with durable .waterproof and
rustproof material, secured from unauthorized entry or removal of material and
shall be of a capacity sufficient to accommodate materials collected and
collection schedule;
(9) All recyclable material shall be stored internally;
(10) Maintained free of litter, pests, vermin and any other undesirable materials
at all times;
(11) Not exceed exterior noise levels of 60 dBA;
(12) Containers for donation of materials shall be at least 75 feet from any
property zoned or occupied for residential use and shall not operate between the
hours of 12:00 a.m. and 6:00 a.m.;
(13) Containers shall be clearly marked to identify the type of material which
may be deposited; the facility shall be clearly marked to identify the name and
telephone number of the facility operator and the hours of operation, and display
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a notice stating that no material shall be left outside the recycling enclosure or
containers;
(14) Bulk vending machines may have informational signs required by State law
pursuant to section 9272; other signs including directional signs, bearing no
advertising message, may be installed with the approval of the Community
Development Director pursuant to Design Review section 9272 if necessary to
facilitate traffic circulation, or if the facility is not visible from the public right-of-
way;
(15) Placement of the facility shall not require removal of existing landscaping.
(Ord. No. 993, Sec. 3, 9-8-87)
(w) Large collection facilities occupying a permanent building or store front subject to
the following regulations:
(1) The facility shall not abut a property zoned or planned for residential use if in
a free standing building;
(2) The facility shall operate in an enclosed building with outside storage
prohibited;
(3) Setbacks, height, lot coverage, and landscape requirements shall be those
provided for in the C-1 Zoning District unless it occupies an existing store front or
building;
(4) Site shall be maintained free of litter, pests, vermin and any other
undesirable materials at all times and shall be cleaned of loose debris on a daily
basis.
(5) Exterior noise levels shall not exceed 60 dBA;
(6) If the facility is located in a free standing building which lies within 500 feet of
property zoned, planned or occupied for residential use, it shall not be in
operation between 7:00 p.m. and 7:00 a.m.;
(7) The facility shall display a notice stating that no material shall be left outside
the recycling containers;
(8) The facility shall be clearly marked with the name and phone number of the
facility operator and the hours of operation; identification and informational signs
shall meet the standards of the C-1 Zoning District; and directional signs, bearing
no advertising message, may be installed with the approval of the Community
Development Director pursuant to design review, Section 9272, if necessary, to
facilitate traffic circulation or if the facility is not visible from the public right-of-
way;
(9) Power-driven processing, including aluminum foil and can compacting,
baling, plastic shredding, or other light processing activities shall be prohibited;
(10) 24-hour operation is prohibited.
(11) Specialty stores. (Ord. No. 1237, Sec. 2, 6-4-01)
(x) Adult entertainment booking agency, as defined in section 3731 of this Code. (Ord.
No. 1170, Sec. 2, 6-3-96) (Ord. No. 993, Sec. 4, 9-8-87)
c Development Standards
(1) None of the above listed uses or any other use determined to be permitted shall
maintain any outside storage or work areas. (Ord. No. 1354, Sec. II, 11-4-08)
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(2) Development criteria
(a) Maximum height: 35 feet
(b) Minimum building site area: 5,000 square feet
(c) Minimum lot width at property line: 50 feet
(d) Minimum side yard setback: None, 10 feet when property abuts on lot in "R"
District
(e) Minimum rear yard setback: None, 5 feet when property abuts on lot in "R"
District
(f) Repealed. (Ord. No. 495, Sec. 2; Ord. No. 963, Sec. 2B, 1-20-86; Ord. No.
1206, Sec. 2, 9-21-98; Ord. No. 1354, Sec. II, 11-4-08)
(g) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
d Use Criteria-Office Development
(1) Office developments within the Retail Commercial District (C-1) shall be constructed
to conform with the parking standards. for retail commercial uses on the first floor area of
the building unless otherwise specifically exempted pursuant to the approved conditional
use permit.
(2) Findings, including, but not limited to the following, shall be made by the Planning
Commission prior to approving a conditional use permit for construction of a building
where greater than fifty (50) percent of the total floor area, or any portion of the ground
floor area is designated for occupancy by professional or general offices:
(a) Development or construction of professional or general office buildings
would be more compatible with sun'ounding uses in the area than permitted retail
commercial uses on the subject property.
(3) Development or construction of buildings restricted to a mixture of uses in which the
retail commercial floor area exceeds fifty (50) percent of the total floor area is exempt
from office development use criteria. (Ord. No. 157, Sec. 4.7; Ord. No. 896, Sec. 4, 11-
21-83)
9233 CENTRAL COMMERCIAL DISTRICT (C-2)
a Permitted Uses
The following uses, or unlisted uses which, in the opinion of the Community Development
Director and/or Planning Commission, are resolved to be similar, will only be allowed in the Central
Commercial District.
(Ord. No. 1317, Sec. II, 9-18-06)
(1) All uses allowed in the C-1 District, subject to the development and use criteria
specified in Section 9232.
(a) Reserved
(b) Bakeries
(c) Bowling alleys
(d) Food shops
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(e) Mortuaries
(f) Nurseries
(g) Professional and general offices not fronting onto Main Street or EI Camino
Real or located outside the Old Town Commercial General Plan land use
designation. (Ord. No. 1241, Sec. 1, 7-2-01; Ord. No. 1242, Sec. 2, 8-13-01; Ord.
No. 1251, Sec. 2, 5-20-02; Ord. No. 1317, Sec. II, 9-18-06)
(h) Public utility buildings and uses (except corporation yards)
(i) Radio stores
Q) Restaurants
(k) Shoe shops
(I) Studios (Ord. No. 175, Sec. 5; Ord. No. 888, Secs. 1(a), 5, 6, 8-1-83)
b Development Standards
(1) Maximum height: 50 feet
(2) Minimum building site: 200 [square feet]
(3) Maximum lot coverage: 100 percent, less parking and landscaping requirements,
subject to General Provisions.
(4) Minimum front yard setback: None, 10 feet when frontage abuts a lot in an "R"
District, unless otherwise shown on Zoning Map.
(5) Minimum side yard setback: None, 10 feet when side abuts on a lot in an "R"
District.
(6) Repealed. (Ord. No. 157, Sec. 4.8; Ord. No. 293, Sec. 2(b) and 3; Ord. No. 1354,
Sec. I I, 11-4-08)
(7) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)(Ord. No.
1240, Sec. 2, 8-6-01)
c Conditionally Permitted Uses
The following permitted uses subject to a use permit:
(a) Adult book stores
(a.1) Amusement resorts, arcades and private recreational facilities, and video and
vending machines and other such contrivances in excess of five (5) which are identical
to the principal business.
(b) Small animal hospitals or clinics with one (1) caretaker apartment incidental thereto.
(1) Off-street parking: 4 spaces per doctor plus one (1) space for each
additional employee. (Ord. No. 340, Sec. 2; Ord. No. 352, Sec. 4)
(c) Auto repair shops.
(d) Billiard parlors and pool halls
(1) Repealed. (Ord. No. 314; Ord. No. 1354, Sec. II, 11-4-08)
(e) Churches, schools and public uses
(f) Cleaning and dyeing establishments
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(g) Drive-in establishments for permitted uses
(h) Figure model studios
(i) Garages, public
(j) Hotels and motels
(k) Laundries and launderettes (Ord. No. 699, Sec. 2)
(I) Massage establishments (Ord. No. 699, Sec. 2)
(m) Nursery school
(1) Maximum height: 30 feet
(2) Minimum building site: 10,000 square feet
(3) Minimum lot width at property line: 100 feet
Page 12 of 23
(4) Minimum front yard setback: None, 10 feet when frontage abuts a lot in an
"R" District, unless otherwise shown on Zoning Map
(5) Minimum side yard setback: None, 10 feet when side abuts on a lot in an "R"
District
(6) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(7) Building requirements and indoor and outdoor space required per child are
established by the City of Tustin Uniform Building Code and by the State
Department of Social Welfare.
(8) Outdoor play areas shall be screened from surrounding properties by a 6'8"
high solid wall or fence, except when play areas abut public park or playfield.
(9) Structures proposed for use as a day nursery or a nursery school shall be
inspected and approved by the Fire Department prior to occupancy. (Ord. No.
372, Secs. 3 and 4)
(10) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
(n) Outdoor markets and outdoor sales establishments
(o) Pet shops
(p) Rest homes
(q) Secondhand sales
(r) Service stations (Ord. No. 311)
(s) Used car sales lots
(t) Other uses which in the opinion of the Planning Commission are of a similar nature
(u) Reserved
(v) Alcoholic beverage sales establishments subject to the following criteria and the
Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments.
Off-site alcoholic beverage sales located in a building and permitted business with less
than 15,000 square feet of gross floor area and permitted businesses with more than
15,000 square feet of gross floor area where the off-site alcoholic beverage sales area
within the building occupies more than 10 percent of the gross floor area, subject to the
following minimum distance regulations:
(1) 300 feet from any other residentially zoned or used property.
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500 feet from any existing off-site sales establishment.
600 feet ftom any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home.
600 feet from existing on-site sales establishments, except restaurant
establishments.
(2) Minimum distances between off-site sale establishments and; residentially
zoned or used property, churches, places of worship, public or private schools,
parks, playgrounds, clinics, hospitals, health care facilities and convalescent
homes shall be computed by measuring the distance from the closest entry/exit
provided for public/customer access of the off-site establishment to the property
line of any of the above uses, whether inside or outside the city boundaries.
(3) Minimum distances between off-site sales establishment and another off-site
or on-site sales establishment, except restaurant establishments whether inside
or outside city boundaries shall be computed by measuring the distance between
the closest exterior structural walls of each use.
(4) Specialty stores as defined in Section 9297 of the Tustin City Code shall be
exempt from minimum distance regulations. (Ord. No. 1237, Sec. 2, 6-4-01)
On-site alcoholic beverage sales establishments except restaurant establishments
subject to the following minimum distance regulations:
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except for restaurant establishments or
off-site sales establishments.
1,000 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments except for
restaurant establishments and; residentially zoned or used property, churches,
places of worship, public or private schools, parks, playgrounds, clinics,
hospitals, health care facilities and convalescent homes shall be computed by
measuring the distance from the closest exterior wall of the on-site establishment
to the property line of any of the above uses whether inside or outside the city
boundaries.
(3) Minimum distances between on-site sales establishments and another off-
site or on-site sales establishment except restaurant establishments whether
inside or outside city boundaries shall be computed by measuring the distance
between the closest exterior structural walls of each use. (Ord. No. 920, Sec. 2,
11-19-84; Ord. No. 981, Sec. 4, 5-4-87; Ord. No. 1101, Sec. 1F, 11-16-92; Ord.
No. 1161, Sec. 1B, 1-2-96; Ord. No. 1230, § 2, 6-19-00)
(w) Bowling alleys
(x) Hotels and motels
(y) Professional and general offices fronting onto Main Street or EI Camino Real and
located within the Old Town Commercial General Plan land use designation, subject to
the use criteria for office development provided herein:
(1) Professional and general offices proposed at the ground floor level or that
are greater than fifty (50) percent of the total building floor area shall not be
approved unless the approving authority finds, based on supporting
documentation and evidence, that an office use would be more compatible with
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the existing, and planned uses in the vicinity than a retail commercial use on the
subject property and that an office use would be more beneficial in implementing
applicable land use policies such as the Tustin General Plan, Tustin City Code,
and any Tustin Community Redevelopment Agency Project Area Redevelopment
Plan than a retail commercial use on the subject property.
(2) Approval of professional and general office uses shall meet one (1) or more
of the following criterion:
a. The proposed use is to be located in an existing building originally
designed, built, and occupied as offices or converted to office use
pursuant to an approved building permit.
b. The proposed use is to be located in an existing building that because
of its design and orientation is impractical to modify or alter to
accommodate retail establishments.
c. The proposed use is to be located in an existing building requiring
significant reconstruction that is not economically feasible or practical to
accommodate retail establishments.
d. The proposed use is to be located in amulti-tenant retail center and is
ancillary but complementary to the remaining mixed uses with respect to
type of use, hours of operation, convenience, and parking demand.
e. The proposed use is determined to be beneficial, complementary, and
compatible with surrounding neighborhood and nearby retail
establishments. (Ord. No. 1242, Sec. 3, 8-13-01; Ord. No. 1251, Sec. 2,
5-20-02; Ord. No. 1317, Sec. II, 9-18-06)
(z) Fortune-telling businesses as defined by Section 3811 of the Tustin City Code.
(aa) Convenience stores. (Ord. No. 981, Sec. 3, 5-4-87)
(bb) Bulk vending machines, subject to standards contained in the C-1 District
regulations, Section 9232b. (Ord. No. 993, Sec. 6, 9-8-87)
(cc) Large collection facilities, subject to standards contained in the C-1 District
regulations, section 9232a.2. (Ord. No. 993, Sec. 7, 9-8-87)
(dd) Adult entertainment booking agency, as defined in section 3731 of this Code. (Ord.
No. 175, Sec. 5; Ord. No. 699, Sec. 2; Ord. No. 888, Secs. 1(6), 7, 8-1-83; Ord. No. 958,
Sec. 2, 1-20-86; Ord. No. 1170, Sec. 2, 6-3-96)
(ee) Specialty stores. (Ord. No. 1237, Sec. 2, 6-4-01)
(ff) Reserved. (Ord. No. 1251, Sec. 2, 5-20-02)
d Development Standards for Conditionally Permitted Uses
(1) As specified in section 9233b above, unless otherwise indicated. (Ord. No. 1354,
Sec. 2, 11-4-08)
(2) Repealed. (Ord. No. 293, Sec. 3; Ord. No. 1354, Sec. II, 11-4-08)
e Reserved
(Ord. No. 157, Sec. 4.8; Ord. No. 896, Sec. 8, 11-21-83; Ord. No. 1241, Sec. 2, 7-2-01; Ord. No. 1242,
Sec. 4, 8-13-01; Ord. No. 1251, Sec. 2, 5-20-02; Ord. No. 1317, Sec. II, 9-18-06)
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9234 HEAVY COMMERCIAL DISTRICT (C-3)
a Permitted Uses
None but the following uses, or uses which in the opinion of the Planning Commission are
similar, will be allowed in the Heavy Commercial District (C-3):
(1) All uses listed in the C-2 District, except schools, churches and outdoor sales
establishments
(2) Electronic plants within a building
(3) Research plants
(4) Secondhand sales within a building
(5) Wholesale stores and storage within a building
(6) Off-site alcoholic beverage sales located within a building and permitted business
with at feast 15,000 square feet of gross floor area and where the alcoholic beverage
sales area within the building occupies no more than 10 percent of the gross floor area
(Ord. No. 1101, Sec. 1 B, 11-16-92)
b Development Standards for Permitted Uses
(a) Maximum height: 50 feet
(b) Minimum building site: 2,000 square feet
(c) Maximum lot coverage: 100 percent, less parking and landscaping requirements but
subject to General Provisions of this Chapter
(d) Minimum front yard setback: None, 10 feet when frontage abuts lot in "R" District,
unless otherwise shown on Zoning Map
(e) Minimum side yard setback: None, 10 feet when side abuts on a lot in an "R"
District, unless otherwise shown on Zoning Map
(f) Minimum rear yard setback: None, 5 feet when abutting on an alley
(g) Repealed. (Ord. No. 1354, Sec. 11, 11-4-08)
(h) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
c Conditionally Permitted Uses
The following are permitted uses, subject to the issuance of a use permit, as prescribed in
section 9291:
(1) Adult book stores (Ord. No. 699, Sec. 3)
(2) Small animal hospitals or clinics (Ord. No. 352, Sec. 5; Ord. No. 1354, Sec. II, 11-4-
08)
(3) Figure model studios (Ord. No. 699, Sec. 3)
(4) Light manufacturing of clothing, novelties and toys
(5) Massage establishments (Ord. No. 699, Sec. 3)
(6) Motels
(7) Outdoor sales establishments
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(8) Secondhand sales
(9) Uses which in the opinion of the Planning Commission are of similar nature
(10) Alcoholic beverage sales establishments subject to the following criteria and the
Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments.
Off-site alcoholic beverage sales located in a building and permitted business with less
than 15,000 square feet of gross floor area and permitted businesses with more than
15,000 square feet of gross floor area where the off-site alcoholic beverage sales area
within the building occupies more than 10 percent of the gross floor area, subject to the
following minimum distance regulations:
(1) 300 feet from any other residentially zoned or used property.
500 feet from any existing off-site sales establishment.
600 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home.
600 feet from existing on-site sales establishments, except restaurant
establishments.
(2) Minimum distances between off-site sale establishments and; residentially
zoned or used property, churches, places of worship, public or private schools,
parks, playgrounds, clinics, hospitals, health care facilities and convalescent
homes shall be computed by measuring the distance from the closest entry/exit
provided for public/customer access of the off-site establishment to the property
line of any of the above uses whether inside or outside the city boundaries.
(3) Minimum distances between off-site sales establishment and another off-site
or on-site sales establishment, except restaurant establishments whether inside
or outside city boundaries shall be computed by measuring the distance between
the closest exterior structural walls of each use.
(4) Specialty stores as defined in Section 9297 of the Tustin City Code shall be
exempt from minimum distance regulations. (Ord. No. 1237, Sec. 2, 6-4-01)
On-site alcoholic beverage sales establishments except restaurant establishments
subject to the following minimum distance regulations:
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except restaurant establishments or off-
site sales establishments.
1,000 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments except restaurant
establishments and; residentially zoned or used property, churches, places of
worship, public or private schools, parks, playgrounds, clinics, hospitals, health
care facilities and convalescent homes shall be computed by measuring the
distance from the closest exterior wall of the on-site establishment to the property
line of any of the above uses whether inside or outside the city boundaries.
(3) Minimum distances between on-site sales establishments and another off-
site or on-site sales establishment except restaurant establishments whether
inside or outside city boundaries shall be computed by measuring the distance
between the closest exterior structural walls of each use. (Ord. No. 920, Sec. 3,
11-19-84; Ord. No. 981, Sec. 6, 5-4-87; Ord. No. 1101, Sec. 1 G, 11-16-92; Ord.
No. 1161, Sec. 1 C, 1-2-96; Ord. No. 1230, § 2, 6-19-00)
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ARTICLE 9 LAND USE
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(11) Convenience stores. (Ord. No. 981, Sec. 5, 5-4-87)
(12) Adult entertainment booking agency, as defined in section 3731 of this Code. (Ord.
No. 1170, § 2, 6-3-96)
(13) Specialty stores. (Ord. No. 1237, Sec. 2, 6-4-01)
d Development Standards for Conditionally Permitted Uses
(a) Maximum height: 50 feet
(b) Minimum building site: 2,000 square feet
(c) Maximum lot coverage: 100 percent
(d) Minimum front yard setback: None, 10 feet when frontage abuts a lot in "R" District,
unless otherwise shown on Zoning Map
(e) Minimum side yard setback: None, 10 feet when side abuts a lot in an "R" District,
unless otherwise shown on Zoning Map
(f) Minimum rear yard setback: As specified in use permit
(g) Repealed. (Ord. No. 1354, Sec. I I, 11-4-08)
(h) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
e Conditionally Permitted Uses
(1) Service stations with following development standards:
(a) Maximum height: 50 feet
(b) Minimum building site: 9,000 square feet
(c) Minimum lot width at property line: 60 feet
(d) Maximum lot coverage: 100 percent, less parking and landscape
requirements but subject to General Provisions of this Chapter.
(e) Minimum front yard setback: None, 10 feet when frontage abuts a lot in an
"R" District, unless otherwise shown on Zoning Map
(f) Minimum side yard setback: None, 10 feet when side abuts lot in "R" District,
unless otherwise shown on Zoning Map
(g) Minimum rear yard setback: None, 5 feet when abutting an alley
(h) Repealed. (Ord. No. 157, Sec. 4.9; Ord. No. 311; Ord. No. 1354, Sec. I1, 11-
4-08)
(i) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
9235 COMMERCIAL GENERAL DISTRICT (CG)
a Purpose
To provide for and encourage the orderly development of commercial areas throughout the City
in accordance with the Land Use Element of the General Plan, which will serve the demand for a wide
variety of goods and services.
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b Permitted Uses
The following uses, or unlisted uses which, in the opinion of the Planning Commission, are
resolved to be similar, wi ll only be allowed in the Commercial General District.
(1) Any use authorized in the Central Commercial District (C-2) unless otherwise listed
as a conditionally permitted use in this Commercial General (CG) District. (Ord. No. 896,
Secs. 9, 1 0, 11-21-83)
(2) Retail businesses, exemplified by the following fist when conducted within a
building:
(a) Antiques and curios
(b) Art goods
(c) Appliance stores
(d) Bakeries
(e) Bicycle sales (including repairs)
(f) Books and stationary
(g) Ceramics (not including molding, casting or manufacturing by any process)
(h) Clothing
(i) Confectionery
(j) Department stores
(k) Drug store (including sundries and notions)
(I) Dry goods
(m) Florist shops
(n) Food market
(o) Hardware (but not including equipment rentals)
(p) Household goods and furnishings
(q) Jewelry stores (including repair and watchmaking)
(r) Leather goods
(s) Reserved (Ord. No. 896, Sec. 11, 11-21-83)
(t) Musical supplies and instruments
(u) News stands
(v) Office supplies and equipment
(w) Paint and wallpaper
(x) Radio and TV stores and service
(y) Real estate offices
(z) Religious supplies
(aa) Shoe stores
(bb) Sporting goods (but not including boat and motor sales)
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(cc) Variety store
(dd) Off-site alcoholic beverage sales located within a building and permitted
business with at least fifteen thousand (15,000) square feet of gross floor area
and where the alcoholic beverage sales area within the building occupies no
more than ten (10) percent of the gross floor area (Ord. No. 1101, Sec. 1 C, 11-
16-92)
(3) Service business, exemplified by the following sales incidental thereto, when
conducted with a building.
(a) Banks and finance companies (including those providing drive-in service)
(b) Barber shops
(c) Beauty parlor
(d) Blueprinting
(e) Coin-operated dry cleaning establishments (provided no pressing is done on
the premises)
(f) Coin-operated self-service laundromats
(g) Dry-cleaning and laundry agencies (pick-up and delivery only)
(h) Interior decorator
(i) Job printing
Q) Locksmith
(k) Photograph gallery
(I) Public utility business offices (excluding corporation yards)
(m) Restaurants (not including drive-ins)
(n) Seamstress and/or millinery shop
(o) Shoe and/or luggage repair shop
(p) Studios
(q) Tailor shop
(r) Telephone answering service
(s) Travel agency
(t) Typing and addressing service
c Conditionally Permitted Uses
The following additional uses are permitted in the CG District subject to approval of a use
permit:
(a) Amusement and recreation facilities
(a.1) Amusement resorts, arcades and private recreational facilities, and video and
vending machines and such other contrivances in excess of five (5) which are incidental
to the principal business.
(b) Any development in excess of five (5) acres in total parcel space
(c) Automobile vehicle sales
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(d) Automobile supplies and services
(e) Bakeries, wholesale
(f) Billiard parlors and pool halls
(g) Bowling alley
(h) Building supply
(i) Business school
(j) Churches, schools, and public places of assembly ,
(k) Cleaning and laundry establishments (on premises)
(I) Clubs
(m) Drive-in and take-out establishments for food or services
(n) Fraternal organizations and lodge
(o) Health clubs, massage establishments, figure model studios, and gymnasiums
(p) Manufacturing, fabrication, distribution facilities occupying less than 50 percent of
floor area and less than 50 percent of operations
(q) Mortuaries
(r) Motels and hotels
(s) Nursery schools
(t) Outdoor markets and sales establishments
(u) Pet shops
(v) Rest homes and convalescent hospital facilities
(w) Service stations
(x) Small animal hospitals or clinics
(y) Social halls
(z) Theaters
(aa) .Veterinarian services
(bb) Other uses which in the opinion of the planning commission are of a similar nature
(cc) Reserved
(dd) Alcoholic beverage sales establishments subject to the following criteria and the
Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments.
Off-site alcoholic beverage sales located in a building and permitted business with less
than 15,000 square feet of gross floor area and permitted businesses with more than
15,000 square feet of gross floor area where the off-site alcoholic beverage sales area
within the building occupies more than 10 percent of the gross floor area, subject to the
following minimum distance regulations:
(1) 300 feet from any other residentially zoned or used property.
500 feet from any existing off-site sales establishment.
600 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home.
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600 feet from existing on-site sales establishments, except restaurant
establishments.
(2) Minimum distances between off-site sale establishments and; residentially
zoned or used property, churches, places of worship, public or private schools,
parks, playgrounds, clinics, hospitals, health care facilities and convalescent
homes shall be computed by measuring the distance from the closest entry/exit
provided for public/customer access of the off-site establishment to the property
line of any of the above uses whether inside or outside the city boundaries.
(3) Minimum distances between off-site sales establishment and another off-site
or on-site sales establishment, except restaurant establishments whether inside
or outside city boundaries shall be computed by measuring the distance between
the closest exterior structural walls of each use.
(4) Specialty stores as defined in Section 9297 of the Tustin City Code shall be
exempt from minimum distance regulations. (Ord. No. 1237, Sec. 2, 6-4-01)
On-site alcoholic beverage sales establishments except restaurant establishments
subject to the following minimum distance regulations:
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except restaurant establishments or off-
site sales establishments.
1,000 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments except restaurant
establishments and; residentially zoned or used property, churches, places of
worship, public or private schools, parks, playgrounds, clinics, hospitals, health
care facilities and convalescent homes shall be computed by measuring the
distance from the closest exterior wall of the on-site establishment to the property
line of any of the above uses whether inside or outside the city boundaries.
(3) Minimum distances between on-site sales establishments and another off-
site or on-site sales establishment except restaurant establishments whether
inside or outside city boundaries shall be computed by measuring the distance
between the closest exterior structural walls of each use. (Ord. No. 920, Sec. 4,
11-19-84; Ord. No. 981, Sec. 8, 5-4-87; Ord. No. 1101, Sec. 1 H, 11-16-92; Ord.
No. 1161, Sec. 1 D, 1-2-96)
(ee) Development or construction of new building structures where more than 50
percent of the total floor area is designated for occupancy by professional or general
offices.
(ff) Convenience stores. (Ord. No. 981, Sec. 7, 5-4-87)
(gg) Adult entertainment booking agency, as defined in section 3731 of this Code. (Ord.
No. 1170, § 2, 6-3-96) (Ord. No. 699, Sec. 4; Ord. No. 888, Sec. 2, 8-1-83; Ord. No. 896,
Sec. 12, 11-21-83; Ord. No. 1230, § 2, 6-19-00)
(hh) Specialty stores. (Ord. No. 1237, Sec. 2, 6-4-01)
d Restricted Uses
(1) No warehousing or storage other than accessory storage of commodities sold at
retail on the premises shall be permitted except as otherwise provided by this Section.
(2) No manufacturing, processing or treatment of products other than that which is
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clearly indicated to the retail business conducted on the premises shall be permitted.
(3) Not more than five (5) persons shall be engaged on the premises in the incidental
manufacturing, processing or treatment of products as permitted herein.
(4) None of the above listed uses or any other use determined to be permitted shall
maintain any outside storage or work areas. (Ord. No. 1354, Sec. II, 11-4-08)
(5) No residential use shall be permitted in any structure used for commercial
purposes, except for caretaker facilities incidental to the permitted use.
e Limitations and Exceptions
(1) Use of properties zoned other than "CG," for general commercial purposes
Where property classified for "CG" uses has a depth of two hundred (200) feet or less,
as measured at right angles from the street frontage indicated as business frontage,
additional adjoining property may be used for commercial purposes when such adjoining
property fronts upon the side street, and the side of such adjoining property abuts upon
the property classified for "CG" purposes. The additional property so used shall be a part
of and an extension of the particular use occupying the comer property. The use of
subject property shall require approval of a conditional use permit.
(2) Exception to height limitations
Height limitations of this Section may be exceeded for those structures removed more
than 200 feet from any single-family residential zone, subject to approval of a conditional
use permit.
(3) Exception to setback requirements
Exceptions to the general setback requirements of this section shall be made only in
conformance with the development criteria of specific plans as approved by the city
council.
f Development Standards
(1) Maximum structural height
The maximum height of any building or structure shall not exceed three stories nor thirty-
five (35) feet; provided, however, that penthouse or roof structures for the housing of
elevators, stairways, tanks, ventilating fans or similar equipment required to operate and
maintain the buildings,, and fire or parapet walls, skylights, towers, roof signs, flagpoles,
chimneys, smokestacks, wireless masts or similar structures may exceed such height
limit; provided no space above such height limit shall be allowed for the. purpose of
providing additional floor space.
(2) Structural setbacks
(a) Front yard
A minimum of ten (10) feet front structural setback shall be required from the
ultimate street right-of--way line.
(b) Side yard
A minimum of ten (10) feet side yard structural setback shall be required from the
ultimate street right-of-way line or adjoining residential lot. Othen~vise, no side
yard setback shall be required.
(c) Rear yard
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Where any commercially zoned property rears upon the rear or side yard of
property classified for single-family residential purposes, there shall be a rear
yard of not less than fifteen (15) feet. Where the commercial property rears upon
an alley or private drive easement, there shall be a rear yard setback of not less
than five (5) feet. Otherwise, no rear yard need be provided.
(3) Repealed. (Ord. No. 963, Sec. 2C, 1-20-86; Ord. No. 1206, Sec. 2, 9-21-98; Ord.
No. 1354, Sec. II, 11-4-08)
(4) Lot coverage
Commercial sites may have 100 percent lot coverage less that required for landscaping
and parking requirements.
(5) Lot size (building site)
A building site shall occupy not less than a 3,000 square foot parcel.
(6) Refuse storage requirements
Refuse storage areas shall conform to the standards and criteria contained in the
Guidelines for Planning, Zoning and Development, as adopted by the City Council.
(7) Street dedication
Highway dedication and improvements shall be as required by Section 9271x.
(8) Suffix (supplemental provisions)
Properties designated "CG-PUD" on the Zoning Map shall require the submission and
approval of design plans for a use permit pursuant to the requirements for Planned Unit
Developments.
(9) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
g Use Criteria--Office Development
(1) Office developments within the Commercial General District (CG) shall conform to
retail commercial use parking standards for the first floor area unless otherwise
specifically exempted pursuant to the approved conditional use permit.
(2) Findings, including but not limited to the following, shall be made by the Planning
Commission prior to approving a conditional use permit for construction of a building
where greater than fifty (50) percent of the total floor area, or any portion of the ground
floor area is designated for occupancy by office uses.
(a) Development or construction of professional or general office buildings
would be more compatible with the surrounding uses in the area than permitted
retail commercial uses on the subject property.
(3) Development or construction of buildings restricted to a mixture of uses in which the
retail commercial floor area exceeds fifty (50) percent of the total building floor area are
exempt from office development use criteria. (Ord. No. 654; Ord. No. 896, Sec. 13, 11-
21-83)
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PART 4 INDUSTRIAL AND OTHER DISTRICTS
9241 PLANNED INDUSTRIAL DISTRICT (PM)
a Permitted Uses
None but the following uses, or uses which in the opinion of the Planning Commission are
similar, will be allowed in the Planned Industrial District (PM), subject to Planning Commission approval
of plans, elevations, and landscaping plans:
Any use permitted in the "M" District which in the opinion of the Planning Commission may not
be objectionable by reason of noise, smoke, odor, dust, noxious gases, glare, heat, fire hazards or
industrial wastes emanating from the property.
1. Administrative and professional offices, accessory to permitted uses
2. Book binding
3. Chemical laboratories
4. Distributors of electronic, electrical and electromechanical products
5. Research and development laboratories
6. Finished paper products
7. Food and kindred products manufacturing or storage
8. Leather products
9. Photography and printing plants
10. Ceramic and plastic fabrication
11. Textile and furniture manufacturing
12. Scientific instrument manufacturing
13. Design and development
14. Prototype weapons and fabrication of components
15. Precision machine shop
16. Pharmaceutical products
17. Off-street parking lots
18. Outside storage in conjunction with allowed use but enclosed in minimum of 6 feet
solid fence
19. Other similar uses
b Conditionally Permitted Uses:
1. Alcoholic beverage sales establishments subject to the following criteria and the
Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments.
Off-site alcoholic beverage sales located in a building and permitted business with less
than 15,000 square feet of gross floor area and permitted businesses with more than
15,000 square feet of gross floor area where the off-site alcoholic beverage sales area
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within the building occupies more than 10 percent of the gross floor area, subject to the
following minimum distance regulations:
(a) 300 feet from any other residentially zoned or used property.
500 feet from any existing off-site sales establishment.
600 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility, or convalescent home.
600 feet from existing on-site sales establishments, except restaurant
establishments.
(b) Minimum distances between off-site establishments and; residentially owned
or used property, churches, places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities and convalescent homes
shall be computed by measuring the distance from the closest entry/exit provided
for public/customer access of the off-site establishment to the property line of any
of the above uses whether inside or outside the city boundaries.
(c) Minimum distances between off-site sales establishment and another off-site
or on-site sales establishment, except restaurant establishments whether inside
or outside city boundaries shall be computed by measuring the distance between
the closest exterior structural walls of each side.
On-site alcoholic beverage sales establishments except restaurant establishments subject to
the following minimum distance regulations:
a 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except restaurant establishments or off-site
sales establishments.
1,000 feet from any other existing on-site except restaurant establishments or off-site
sales establishments.
1,000 feet from any church, place of worship, public or private school,
park, playground, clinic, hospital, health care facility or convalescent home.
b. Minimum distances between on-site sales establishments except restaurant
establishments and; residentially zoned or used property, churches, places of worship,
public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and
convalescent homes shall be computed by measuring the distance from the closest
exterior wall of the on-site establishment to the property line of any of the above uses
whether inside or outside the city boundaries.
c. Minimum distances between on-site sales establishments and another off-site or on-
site sales establishment except restaurant establishments whether inside or outside city
boundaries shall be computed by measuring the distance between the closest exterior
structural walls of each use. (Ord. No. 599; Ord. No. 1003, Sec. 1, 3-21-88; Ord. No.
1230, § 2, 6-19-00)
c Development Standards
(a) Maximum height: 50 feet
(b) Minimum building site: 20,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 100 percent less required parking and landscaping
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(e) Minimum front yard setback: 25 feet unless otherwise indicated on Zoning Map
(f) Minimum side yard setback: 3 feet unless otherwise indicated on Zoning Map (Ord.
No. 307, Sec. 2)
(g) Minimum rear yard setback: 10 feet unless otherwise indicated on Zoning Map
(h) Repealed. (Ord. No. 963, Sec. 2D, 1-20-86; Ord. No. 1354, Sec. II, 11-4-08)
(i) Repealed. (Ord. No. 157, Sec. 4.11; Ord. No. 1354, Sec. II, 11-4-08)
(j) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
9242 INDUSTRIAL DISTRICT (M)
a Permitted Uses
The following uses, or unlisted uses which, in the opinion of the Planning Commission, are
resolved to be similar will only be allowed in the Industrial Cistrct (M).
(a) All uses permitted in the PM District
(b) Light industrial, research and development, and manufacturing uses which do not
maintain greater than fifty (50) percent of their gross floor area for office purposes
(c) Public utility uses, excepting the storage of flammable fuel products
(d) Off-site alcoholic beverage sales located within a building and permitted business
with at least fifteen thousand (15,000) square feet of gross floor area and where the
alcoholic beverage-sales area within the building occupies no more than ten (10) percent
of the gross floor area. (Ord. No. 1101, Sec. 1D, 11-12-92)
b Conditionally Permitted Uses
The following uses are authorized subject to a conditional use permit:
(a) Residential uses for caretakers in conjunction with permitted uses
(b) Building material yards
(c) Manufacturing uses, which in the opinion of the Planning Commission may be
objectionable by reason of producing offensive odor, dust, noise, bright lights, vibration,
or involving the storage or handling of explosive or dangerous materials, subject to
compliance with performance standards of the Air Pollution Control Board.
(d) Retail commercial uses
(e) Restaurants
(f) Uses which maintain greater than fifty (50) percent of their gross floor area for office
purposes. (Ord. No. 896, Sec. 14, 11-21-83)
(f.1) Convenience stores. (Ord. No. 981, Sec. 9, 5-4-87)
(g) Alcoholic beverage sales establishments subject to the following criteria and the
Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments.
Off-site alcoholic beverage sales located in a building and permitted business with less
than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales
area within the building occupies more than 10 percent of the gross floor area, subject to
the following minimum distance regulations:
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ARTICLE 9 LAND USE Yage 4 of lu
(1) 300 feet from any other residentially zoned or used property.
500 feet from any existing off-site sales establishment.
600 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home.
600 feet from existing on-site sales establishments, except restaurant
establishments.
(2) Minimum distances between off-site sale establishments and; residentially
zoned or used property, churches, places of worship, public or private schools,
parks, playgrounds, clinics, hospitals, health care facilities and convalescent
homes shall be computed by measuring the distance from the closest entry/exit
provided for public/customer access of the off-site establishment to the property
line of any of the above uses whether inside or outside the city boundaries.
(3) Minimum distances between off-site sales establishment and another off-site
or on-site sales establishment, except restaurant establishments whether inside
or outside city boundaries shall be computed by measuring the distance between
the closest exterior structural walls of each use.
(4) Specialty stores as defined in Section 9297 of the Tustin City Code shall be
exempt from minimum distance regulations. (Ord. No. 1237, Sec. 2, 6-4-01)
On-site alcoholic beverage sales establishments except restaurant establishments
subject to the following minimum distance regulations:
(1) 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except restaurant establishments or off-
site sales establishments.
1,000 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home.
(2) Minimum distances between on-site sale establishments except restaurant
establishments and; residentially zoned or used property, churches, places of
worship, public or private schools, parks, playgrounds, clinics, hospitals, health
care facilities and convalescent homes shall be computed by measuring the
distance from the closest exterior wall of the on-site establishment to the property
line of any of the above uses.
(3) Minimum distances between on-site sales establishments and another off-
site or on-site sales establishment except restaurant establishments whether
inside or outside city boundaries shall be computed by measuring the distance
between the closest exterior structural walls of each use. (Ord. No. 920, Sec. 5,
11-19-84; Ord. No. 981, Sec. 10, 5-4-87; Ord. No. 1101, Sec. 11, 11-16-92; Ord.
No. 1161, Sec. 1E, 1-2-96; Ord. No. 1230, § 2, 6-19-00)
(h) Professional, instructional, motivational, vocational and/or seminar schools. (Ord.
No. 957, Sec. 2, 1-6-86; Ord. No. 1354, § II, 11-4-08)
(h.1) Specialty stores. (Ord. No. 1237, Sec. 2, 6-4-01)
(i) Hazardous waste facilities, subject to all standards and criteria contained in the
Tustin City Code. (Ord. No. 1086, Sec. 1, 6-1-92)
Q) Antennas and their support structures and accessory equipment buildings or
enclosures operated for a use that has not been granted a certificate of public
convenience and necessity by the public utilities commission of the State of California,
subject to the following criteria:
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(a) Ground-mounted antennas shall:
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(1) Be located at least one thousand (1,000) feet from any residentially
zoned property;
(2) Not exceed sixty-five (65) feet in height;
(3) Conform to setback requirements of the zoning district;
(4) Not have any signs or logos, except certification seals or those
providing a waming;
(5) Not have more than one (1) guyed or non-guyed support structure
per lot; and
(6) All accessory equipment associated with the operation of an antenna
located within a building or enclosure complying with development
standards of the district.
(b) Roof or building mounted antennas shall:
(1) Be located at least one thousand (1,000) feet from any residentially
zoned property;
(2) Not exceed ten (10) feet in height and the combined height of the
building and antenna shall not exceed the maximum allowable building
height for the district;
(3) Not have any signs or logos, except certification seals or those
providing a waming; and
(4) All accessory equipment associated with the operation of an antenna
located within a building or enclosure complying with development
standards of the district. (Ord. No. 1097, Sec. 1, 3-15-93)
(k) Repealed. (Ord. No. 1100, Sec. 1, 11-2-92; Ord. No. 1313, Sec. II, 7-3-06)
c Development Standards
(a) Maximum height: 50 feet
(b) Maximum lot coverage: 100 percent less required parking and landscaping
(c) Repealed. (Ord. No. 157, Sec. 4.10; Ord. No. 963, Sec. 2E, 1-20-86; Ord. No. 1100,
Sec. 2, 11-2-92; Ord. No. 1313, Sec. II, 7-3-06; Ord. No. 1354, Sec. II, 11-4-08)
(d) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
9243 UNCLASSIFIED DISTRICT (U)
In the Unclassified District (U) all uses are permitted unless otherwise prohibited by law,
provided that a use permit shall first be secured for any use to be established in any "U" District, with
development criteria as specified in the use permit.
9244 PLANNED COMMUNITY DISTRICT (P-C)
a Purpose
To allow diversification of the relationships of various buildings, structures and open spaces in
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planned building groups while insuring substantial compliance with the district regulations and
other provisions of this Chapter, in order that the intent of this Chapter that adequate standards related
to the public health, safety and general welfare shall be observed without unduly inhibiting the
advantage of large scale planning for residential, commercial and industrial purposes. The amenities
and compatibilities of P-C Districts are to be insured through the adoption of a Development Plan
and/or the approval of use permits, maps, diagrams, and text setting forth land use relationships and
development standards.
b General Requirements
The following provisions shall apply in the P-C District, which district shall also be subject to the
other provisions of this Chapter, except that where conflict in regulations occur, the regulations
specified in this Section or in the Development Plan or plans approved pursuant to this section shall
apply.
c Application
The entire parcel for which an application for rezoning or prezoning to P-C is filed must be in
one ownership, or the application must be made by or with the written authorization for such action on
behalf of all property owners concerned, and the applicant, together with a statement signed by
interested owners that they agree to be bound by the regulations and conditions which will be effective
within the district.
d Permitted Uses
1. The uses permitted in any P-C District shall be those designated on the approved
development plan provided that in the event that such approved usage does not conform
to the General Plan of the City, the general plan shall be amended to conform to the
development plan simultaneous with the amending of the zoning ordinance classifying
the area P-C.
2. The continued use of land within a P-C District for agricultural purposes shall be
permitted.
3. Grading shall be permitted within a P-C District outside of an area of immediate
development subject to the securing of a grading permit.
4. Any area designated for residential use may be developed at a lower residential
density than is indicated on the approved development plan without requiring an
amendment of the development plan.
5. Large family day care homes, caring for seven (7) to twelve (12) children shall be
allowed as permitted uses in those areas designated for single-family residential land
uses, subject to the standards contained in the R-1 District regulations, Section 9223a.6.
(Ord. No. 911, Sec. 6, 5-21-84)
6. Reverse vending machines subject to standards contained in the C-1 District
regulations, Section 9232a.2. (Ord. No. 993, Sec. 5, 9-8-87)
e Procedures
1. Any application for a zone change to permit the establishment of a P-C District shall
be made pursuant to Section 9295 of this Chapter and shall be accompanied by a
development plan for the entire parcel which is the subject of the application. Said
development plan shall be subject to the processing of a conditional use permit if
including within the plan are areas designated for professional or general offices. Prior to
approving a conditional use permit for construction of a building designated for office
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usage, the Planning Commission shall make findings, including but not limited to the
following:
(a) Development or construction of professional or general office buildings
would be more compatible with surrounding uses in the area that retail
commercial uses on the subject property. (Ord. No. 896, Sec. 15, 11-21-83)
2. Areas on the development plan shall be subject to one of the following or any
combination thereof:
(a) The requirements of any of the zoning districts established by this Chapter,
as amended;
(b) Standards of development set forth on the approved development plan and
supplementary text material;
(c) Approval of a use permit by the Planning Commission prior to development;
(d) In the event that bulk vending machines and/or a large collection facility is a
desirable use on an approved development plan, said uses shall be subject to all
standards contained in the C-1 District regulations, Section 9232b. (Ord. No. 993,
Sec. 8, 9-8-87)
3. The development plan shall set forth the following:
(a) The proposed use of all lands within the subject properly and the
approximate dimensions of the exterior boundaries of each area;
(b) The type, character and heights of buildings or structures and the number of
dwelling units per gross acre proposed for each residential area;
(c) The location of school sites, recreational facilities and other public and
quasi-public facilities and the approximate area of each site;
(d) The general location of major thoroughfares coordinated with the Orange
County Master -Plan of Arterial Highways;
(e) A topographic map of the property;
(f) A preliminary report describing proposed provisions for storm drainage,
sewage disposal, water supply, and other utilities;
(g) A justification of all commercial and industrial facilities, if any, to be located
within the subject property.
4. The development plan, after its approval and adoption as provided herein, shall be
recorded in the Office of the County Recorder and all development within the district
shall substantially comply therewith, except as said. development plan may be amended
by ordinance.
5. Commencement of construction
Building construction shall not be commenced unless and until one of the following
alternatives has been accomplished:
(a) There has been recorded a final subdivision map for any specific portion of
the district designated on the development plan as subject to the regulations of a
zoning district established by this Chapter or for which Standards of
Development have been approved. Said subdivision shall comply with the
provisions of Chapter 3 of Article 9 of this Code, as amended, and the State
Subdivision Map Act.
(b) Standards of development have been approved on the development plan for
the specific area proposed for development. If ambiguity exists as to the specific
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dimensions or extent of any designated area on the development plan, the
specific boundaries shall be set by the filing of a legal description and map of the
parcel proposed for development in conjunction with the filing for construction
permits.
(c) The Planning Commission has granted a use permit for any specific
development.
6. Application for a use permit for development as stipulated above shall include the
following as applicable:
(a) Topographic map of the property showing the proposed method of adapting
the development to the site;
(b) Legal description or boundary survey of the property;
(c) Location, grades, widths and types of improvements proposed for all utilities,
streets, walkways, driveways and service areas;
(d) Location, height, number of stories and number of residential units, if any,
for each proposed structure;
(e) Location and design of automobile parking areas;
(f) Preliminary landscaping plan;
(g) Location of public or quasi-public buildings or areas, including but not limited
to, schools, recreation facilities, parking areas, and service areas, if any;
(h) Elevations of structures showing architectural type;
(i) Irrevocable offers to dedicate those areas shown on the plan as public
property;
(j) Method by which the property could be divided for the sale or lease of
individual parcels;
(k) Method by which open space areas are to be perpetually maintained. (Ord.
No. 335, Sec. 2)
f. Conditionally Permitted Uses:
1. Alcoholic beverage sales establishments subject to the following criteria and the
Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments.
Off-site alcoholic beverage sales located in a building and permitted business with less
than 15,000 square feet of gross floor area and permitted businesses with more than
15,000 square feet of gross floor area where the off-site alcoholic beverage sales area
within the building occupies more than 10 percent of the gross floor area, subject to the
following minimum distance regulations:
(a) 300 feet from any other residentially zoned or used property.
500 feet from any existing off-site sales establishment.
600 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility, or convalescent home.
600 feet from existing on-site sales establishments, except restaurant
establishments.
(b) Minimum distances between off-site establishments and; residentially owned
or used property, churches, places of worship, public or private schools, parks,
playgrounds, clinics, hospitals, health care facilities and convalescent homes
shall be computed by measuring the distance from the closest entry/exit provided
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for public/customer access of the off-site establishment to the property line of any
of the above uses whether inside or outside the city boundaries.
(c) Minimum distances between off-site sales establishment and another off-site
or on-site sales establishment, except restaurant establishments whether inside
or outside city boundaries shall be computed by measuring the distance between
the closest exterior structural walls of each side.
On-site alcoholic beverage sales establishments except restaurant establishments subject to
the following minimum distance regulations:
a 1,000 feet from any residentially zoned or used property.
1,000 feet from any other existing on-site except restaurant establishments or off-site
sales establishments.
1,000 feet from any other existing on-site except restaurant establishments or off-site
sales establishments. 1,000 feet from any church, place of worship, public or private
school, park, playground, clinic, hospital, health care facility or convalescent home.
b. Minimum distances between on-site sales establishments except restaurant
establishments and; residentially zoned or used property, churches, places of worship,
public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and
convalescent homes shall be computed by measuring the distance from the closest
exterior wall of the on-site establishment to the property line of any of the above uses
whether inside or outside the city boundaries.
c. Minimum distances between on-site sales establishments and another off-site or on-
site sales establishment except restaurant establishments whether inside or outside city
boundaries shall be computed by measuring the distance between the closest exterior
structural walls of each use.
(Ord. No. 1230, § 2, 6-19-00)
9245 PUBLIC AND INSTITUTIONAL DISTRICT (P ~ 1)
a Purpose
The purpose of the Public and Institutional District shall be to identify by classification on the
zoning map those properties within the City that are used or authorized for public, quasi-public and
institutional use; in tax exempt status, open space reservation, public recreation, and miscellaneous
uses distinct from the standard classifications of residential, commercial and industrial.
b Conditionally Permitted Uses
In the Public and Institutional District (P & I), subject to the filing and approval of a use permit,
none but the following use or uses, which in the opinion of the Planning Commission are similar, will be
allowed, exemplified by the following list:
(a) Churches
(b) City hall
(c) Civic center
(d) Community center
(e) Federal, state, county, district office buildings
(f) Hospitals
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(g) Libraries
(h) Lodges and clubs
(i) Military installations
Q) Open space reservations
(k) Parks
(I) Playgrounds
(m) Post office
(n) Public parking
(o) Recreation centers (public)
(p) School administration offices
(q) Schools, public
(r) Social halls
rage i u or i u
c Development Standards
The development standards and requirements for development and changes in use shall be
those contained in the general section of this Chapter and as specified and approved by the Planning
Commission as conditions of the use permit.
d Reclassification
Conversion of any public orquasi-public use established in the P & 1 District to private use shall
require a rezoning and classification action.
(Ord. No. 525)
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PART 7 GENERAL REGULATIONS
9270 REGULATIONS
All regulations in this Chapter pertaining to the districts established in Sections 9213a and b
hereof are subject to the general provisions, conditions and exceptions contained in this Part. (Ord. No.
157, Sec. 5.1)
a Interpretation
If any ambiguity arises concerning the appropriate classification of a particular use within the
meaning and intent of this Chapter, or with respect to matters of height, area requirements or zone
boundaries as set forth herein, the Planning Commission shall ascertain all pertinent facts and by
resolution set forth its findings and interpretations and thereafter such interpretation shall govern,
except if the City Council of Tustin directs the Planning Commission to adopt a different interpretation.
(Ord. No. 157, Sec. 5.2)
b Uses Permitted Subject to Use Permit
All of the uses listed in this Part, and all matters directly related thereto are declared to be uses
possessing characteristics of such unique and special form as to make impractical their inclusion in any
class of use set forth in the various districts herein defined, and therefore the authority for and location
of the operation of any of the uses designated herein shall be subject to the issuance of a use permit in
accordance with the provisions of Section 9291. In addition to the criteria for determining whether or not
a use permit should be issued as set forth in Section 9293b hereof, the Planning Commission shalt
consider the following additional factors to determine that the characteristics of the listed uses will not
be unreasonably incompatible with uses permitted in surrounding areas. (Ord. No. 157, Sec. 5.3)
(1) Damage or nuisance from noise, smoke, odor, dust or vibration;
(2) Hazard from explosion, contamination or fire;
(3) Hazard occasioned by unusual volume or character or traffic or the congregating of
a large number of people or vehicles.
The uses referred to herein are as follows:
(a) Airports and landing fields.
(b) Establishments or enterprise involving large assemblages of people or automobiles
as follows:
(1) Amusement parks and race tracks;
(2) Recreational facilities, privately operated. (Ord. No. 382, Sec. 1)
(c) The mining of natural mineral resources, together with the necessary buildings and
appurtenances incident thereto.
(d) Removal or deposit of earth other than in connection with excavations or deposits in
connection with construction of buildings, roadways, or public or home improvements.
(e) Presentation of live entertainment. (Ord. No. 406)
(f) Dish antennae located in residential zones exceeding three (3) feet in diameter and
located other than in rear yard areas obscured from public right-of-way view. (Ord. No.
926, Sec. 2, 2-4-85)
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(g) Dish antennae located in all zones other than residential, exceeding three (3) feet in
diameter and not fully screened or otherwise obscured from public right-of--way view.
(Ord. No. 926, Sec. 2, 2-4-85)
c Approval of Temporary Uses
The Planning Commission may grant temporary uses for a period of up to six (6) months by
following the procedures herein described for the issuance of use permits. Provided, however, that a
permit of one (1) month duration may be issued by the Planning Department, on approval of the other
City departments, for uses such as, but not limited to, fireworks stands and Christmas tree lots. (Ord.
No. 362, Sec. 1)
Such action by the Planning Department for temporary use permit of one (1) month or less may
be granted by the Community Development Director, and shall not require a public hearing or notice.
The fee for an application for such temporary use permit shall be twenty-five dollars ($25.00),
payable at the time of submission of application.
Said fee may be waived or modified in those instances where a waiver has been granted or
modified on a Business License Fee. (Ord. No. 501)
d Prohibited Uses
Any use that is not expressly permitted in a district as a permitted use or as a conditionally
permitted use, including a use in a district determined to be similar in character to a particular use
allowed in such district as provided in this Code, shall be deemed a prohibited use and such use shall
not be allowed in such district. (Ord. No. 1322, Sec. 1, 12-4-06)
9271 SPECIFIC PROVISIONS
a Accessory Buildings
Accessory buildings shall be constructed with, or subsequent to the construction of the main
building. (Ord. No. 157, Sec. 5.4)
b Public Utilities
Public utility distribution and transmission line towers, poles and underground facilities for
distribution of gas, water, electricity and telephone communications shall be allowed in all districts
without limitation as to height or without obtaining a use permit thereof and the provisions of this
Chapter shall not be construed to limit or interfere with the installation, maintenance and operation of
public utility pipelines and electric transmission or telephone communication lines when located in
accordance with the applicable rules and regulations of the Public Utilities Commission of the State of
California and within rights-of--way, easements, franchise, or ownership of such public utilities. (Ord. No.
157, Sec. 5.5)
c Temporary Real Estate Offices
The following temporary uses shall be permitted in any district:
(1) Model homes and their garages used as offices solely for the first sale of homes
within a subdivision on the following conditions:
(a) A temporary certificate of use and occupancy shall first be obtained from the
Department of Building and Safety for the use of model homes and their garages
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for offices solely for such first sales;
Page 3 of 11
(b) The use shall be discontinued at the end of one (1) year from the date of the
certificate of use and occupancy;
(c) Provided, however, the Building Official may for good cause, after receipt of
a certified report from the developer on the number of dwellings sold, extend the
time limit not to exceed two (2) successive periods of six (6) months each.
(2) Temporary offices not exceeding four hundred (400) square feet solely for the first
sale of lots within a subdivision on the following conditions:
(a) A temporary Certificate of use and Occupancy shall first be obtained from
the Department of Building and Safety for the use of the structures for offices
solely for such first sales;
(b) The use shall be discontinued and such offices removed from the premises
at the end of one (1) year from the date of issuances of the Certificate of Use and
Occupancy.
(c) Provided, however, the Building Official may for good cause, after receipt of
a certified report from the subdivider on the number of lots sold, extend the time
limit not to exceed two (2) successive periods of six (6) months each. (Ord. No.
234, Sec. 1)
d Height Limits of Towers
Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and other
towers, water tanks, church steeples and similar structures and mechanical appurtenances are
permitted in a district, height limits may be exceeded upon the securing of a Use Permit in each case.
(Ord. No. 156, Sec. 5.7)
e ,Public and Semi-Public Building Height Limit
In any district with a height limit of less than seventy-five (75) feet, public and semi-public
buildings, schools, churches, hospitals and other institutions permitted in such district may be erected
to a height exceeding that herein specified for such district, provided that the cubical contents of the
building shall not exceed an area equal to the area of the site upon which it is constructed multiplied by
the factor three (3), and provided that the front, rear and side yards shall be increased one (1) foot for
each one (1) foot by which such building exceeds the height limit hereinbefore established for such
district. (Ord. No. 157, Sec. 5.8)
f Height Limit in "C" or "M" Zone
Upon securing a Use Permit any building in any "C" or "M" District may be erected to a height
exceeding that herein specified for such district, provided that the cubical contents of the building shall
not exceed an area equal to the area of the site upon which it is to be constructed multiplied by the
factor five (5). (Ord. No. 157, Sec. 5.9)
g Repealed. (Ord. No. 157, Sec. 5.10; Ord. No. 1354, Sec. II, 11-4-08)
h Animal Hospital or Clinic
One (1) caretaker apartment shall be permitted incidental to an animal hospital. Said apartment
shall be used solely by persons employed in the hospital for caretaker duties. (Ord. No. 340, Sec. 2)
Small animal hospitals or clinics shall be subject to additional provisions hereinafter set forth:
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(1) All animals shall be kept within an enclosed, air conditioned, soundproof structure.
(2) Said hospitals or clinics shall be so designed that no odors will be discernible
beyond the property lines of the parcel on which it is located. (Ord. No. 352, Sec. 6)
i Fences, Hedges and Walls
(1) Fences, hedges and walls may be erected in any district, subject to the following
conditions:
(a) Fences, hedges and walls shall not exceed six feet eight inches (6'8") in
height on or within all rear and side property lines on interior lot lines, and on or
to the rear of all front yard setback lines.
(b) No fence, hedge or wall over three (3) feet in height shall be erected in the
required front yard setback.
(c) No fence, hedge or wall over three (3) feet in height shall be constructed in:
(1) any required rear or side yard within twenty (20) feet of the
intersection of street or alley rights-of--way,
(2) any required rear yard abutting the front yard of an adjoining lot, or
(3) within ten (10) feet of a driveway in a required side or rear yard
unless approved, in writing, by the Planning Department.
(d) Fences or structures exceeding six feet eight inches (6'8") in height to
enclose areas on the rear half of a lot may be erected subject to obtaining a Use
Permit therefor.
(e) The provisions of this Section shall not apply to a fence or wall required by
any law or regulation of the State of California or any agency thereof or by any
other ordinance of the City of Tustin, for reasons of public safety. (Ord. No. 353,
Sec. 1)
(f) (1) Every swimming, wading or spa pool shall be surrounded by a fence or
wall not less than six feet (6') in height above the adjacent exterior grade. Such
fence or wall shall be constructed and maintained with no openings nor
projections which could serve as a means to scale same. Vertical openings shall
be no wider than five inches (5") and horizontal members, accessible from the
exterior, shall be no closer than forty-eight inches (48"). There shall be sufficient
distance from any structure, shrubbery, or grade which could be used to scale
the fence or wall so as to prevent scaling.
(2) Gates and doors opening through such enclosures shall be self-
closing and self-locking with release five feet (5') above exterior grade or
so located on the pool side as to prevent release from the exterior.
(3) Access from a public street to the "front door" of a single family
residence shall not be obstructed by a pool enclosure.
(4) Except for single family residences, the fence or walls shall be so
located as to allow access to all living units without entering the pool
enclosure. The fence or walls shall serve to isolate the pool from other
activities or structures and shall be located within fifty feet (50') of the
pool. Gates in such enclosures shall be located in view of the pool. A
building wall with no doors may be used as part of such pool enclosures
when within the specified distance of the pool.
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EXCEPTIONS: When approved by the Director of Community
Development, such enclosures may include sunshade, toilet, or shower
structures which are used only in conjunction with the pool. (Ord. No. 770,
Sec. 8)
(2) Walls shall be constructed and maintained on zone boundary lines as follows:
(a) Where any "C", "M", or "Pr" zone abuts upon any residential zone, there
shall be constructed a solid masonry wall, six feet eight inches (6'8") in height on
the zone boundary line.
(b) Where any "R-3", "R-4", or "PD" zone abuts upon any R-1 zone, there shall
be constructed a solid masonry wall six feet eight inches (6'8") in height on the
zone boundary line.
(c) Where any "M" zone abuts upon any "C" or "Pr" zone, there shalt be
constructed a solid masonry wall six feet eight inches (6'8") in height on the zone
boundary line.
(d) The aforesaid walls shall be six feet eight inches (6'8") in height except that
portion of equal depth of the front yard on the abutting "R" classified property
which shall be three (3) feet in height unless a greater height is approved in
writing by the Planning Department. (Ord. No. 353, Sec. 1)
(e) Provided, however, the Community Development Director may waive or
modify any wall requirements as specified in this Section where there is a solid
masonry wall existing immediately adjacent on the contiguous property, upon
finding and requiring that:
i) An existing wall meets or can be modified to conform to the intent of
this Section; and
ii) Suitable landscaping can be installed adjacent to the existing wall to
supplement and enhance the environmental buffering; and
iii) Protection can be afforded the existing wall to prevent vehicle
damage, if necessary; and
iv) Concun'ence of the adjacent property owner can be obtained, when
necessary, to modify an existing wall to meet the requirements of this
Section. (Ord. No. 534)
(3) Provided, however, that upon application and proceedings pursuant to Section
9291, Use Permit, the Planning Commission may waive or modify the requirements set
forth herein.
(4) The fences, hedges and walls provided herein shall be measured and constructed
pursuant to development standards of the Building Department. (Ord. No. 353, Sec. 1)
j Architectural Feature Limitations
Architectural features on the main buildings, such as cornices, eaves and canopies may not
extend closer than three (3) feet to any side lot line. Eaves and canopies may extend a maximum of
three (3) feet into the required front yard and no closer than five (5) feet to any rear lot line. Fireplaces,
not exceeding six (6) feet in breadth, may extend not closer than three (3) feet to any side lot line. (Ord.
No. 157, Sec. 5.12)
k Repealed. (Ord. No. 338; Ord. No. 1354, Sec. II, 11-4-08)
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I Limitations of Porches and Staircases
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Open, uncovered, raised porches, landing places or outside stairways may project not closer
than four (4) feet to any side lot line, and not exceeding six (6) feet in breadth, may extend not closer
than three (3) feet to any side lot line. (Ord. No. 157, Sec. 5.13)
m Official Plan Line for Streets
Whenever an Official Plan Line has been established for any street, required yards shall be
measured from such line and in no case shall the provisions of this Chapter be construed as permitting
any encroachment upon any Official Plan Line. (Ord. No. 157, Sec. 5.14)
n Accessory Structures
(1) Accessory structures attached to a main building shall be made structurally a part
thereof, have a common roof with said main building and shall comply in atl respects
with the requirements of this Chapter applicable to the main building.
(2) Detached accessory structures shall be separated from all other structures on the
same parcel by a minimum of ten (10) feet.
(3) Detached accessory structures, such as garages, carports, laundry and recreation
buildings, may be constructed on the front one-half (1/2) of the lot, provided, however,
that in any R-3 or R-4 District no garage, carport, or laundry building openings shall face
an abutting street.
(4) The architectural style of all sides of accessory buildings shall be compatible with
the architectural style of the main buildings.
(5) Detached accessory structures may have a zero foot side and rear yard property
line setback if abutting an adjoining structure on a separate lot with a zero foot setback
or if the abutting lot is unimproved. If an adjoining structure on a separate lot is
constructed other than with a zero foot property line setback, a minimum of three (3) feet
shall be maintained between the structures.
(6) Repealed. (Ord. No. 1354, Sec. II, 11-4-08)
(7) All accessory structures shall be located a minimum of twenty (20) feet from street
rights-of--way; provided, however, that accessory structures abutting a State Highway,
where no access is permitted, may have a zero feet setback.
(8) Detached accessory structures constructed within five (5) feet of any side or rear
property line ir! an "R" District shall be enclosed by a solid wall on such side or sides;
provided, however, that garages or carports facing an alley or an access easement, the
right of use of which is dedicated to the subject property, need not be enclosed on such
side or sides constructed within five (5) feet of a side or rear property line if the minimum
backing space is twenty-five (25) feet from the carports or garages to the far side of the
alley or access easement. (Ord. No. 365)
o Swimming Pools
Swimming pools in "R" Districts shall not be located closer than five (5) feet to any side or rear
lot line, nor in any portion of a lot not permitted to construct an enclosing wall or fence six feet, eight
inches (6'8") in height, as specified in the District regulations. (Ord. No. 476)
Heater and filter units for swimming pools shall be located in the rear or side yard areas, and
shall be screened from view. (Ord. No. 547)
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Any lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect
light away from any adjoining premises. (Ord. No. 770, Sec. 8)
p Setback Requirements for Lots Developed Prior to Zoning Ordinance
In the Single Family Residential (R-1), Duplex Residential (R-2), and Multiple Family Residential
(R-3) zoning districts, the minimum required side or rear yard setback for side or rear yard additions to
existing structures (not including accessory structures except garages identified in the City's Historic
Resources Survey) that are listed on the City's Historic Resources Survey shall be the same as the
adjacent elevation of the existing side or rear yard setback of the original structure if the setback is less
than the minimum setback required in the applicable residential district provided the requirements of the
Uniform Building Code can be met and emergency access can be maintained. (Ord. No. 157, Sec.
5.17; Ord. No. 1238, Sec. 2, 6-4-01)
q Development of Substandard Parcels
Single family dwellings only may be erected on any parcel of land the area of which is less than
the building site area required for the particular district in which said parcel is located, but if, any only if,
said parcel was in single ownership at the time of the adoption of this Chapter and said single
ownership was recorded in the Office of the County Recorder of Orange County. No structure shall be
erected on any substandard parcel if said parcel was acquired from the owner or owners of contiguous
property or said contiguous owner's or owners' transferee, after the effective date of this Chapter. (Ord.
No. 157, Sec. 5.18)
r Sideyard Width of Substandard Lots
The width of side yards on single family dwellings constructed pursuant to subsection q above
may be reduced to ten (10) percent of the width of such parcel, but in no case to less than four (4) feet.
(Ord. No. 157, Sec. 519)
s Location on Front Entrance on Side Lot Line
In any "R" District, except "R-1 ", where a dwelling unit is located on a lot so that the front
entrance is located on any side lot line, the required side setback from the front setback line to such
entrance shall not be less than eight (8) feet. (Ord. No. 157, Sec. 5.20)
t Minimum Distances: Dwelling Groups
Dwelling groups shall be constructed so that the following minimum distances are provided:
(1) Minimum of ten (10) feet between buildings.
(2) Minimum of twelve (12) feet between side yard line and access side of single row
dwelling groups.
(3) Minimum of thirty (30) feet between access side of the main wall of buildings in
double rows. (Ord. No. 157, Sec. 5.21)
u Building Lines
Building lines are as stated in this Section unless otherwise shown on Zone Map. No building
shall be closer to a property line or to the tenter line of any street or highway than the building line
applicable thereto.
Front side or rear yard abutting or street, measured from center line:
TABLE INSET:
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Building Line for SECONDARY Highway (80'
~) Building Line for PRIMARY Highway
(100' R/W)
DISTRICT Front Side Rear Front Side Rear
R-A 60' S0' 65' 70' 60' 75'
E-4 60' 50' 65' 70' 60' 75'
R-1 60' 50' 65' 70' 60' 75'
R-2 60' 50' 65' 70' 60' 75'
R-3 60' 50' 65' 70' 60' 75'
C-1 55' 55' S5' 65' 65' 65'
C-2 55' 55' 55' 65' 65' 65'
C-3 55' S5' 55' 65' 65' 65'
M-1 55' 55' 55' 65' 65' 65'
PM 65' 65' 65' 75' 75' 75'
(Ord. No. 157, Sec. 5.22)
Irvine Blvd. Front setback-Ten (10) feet from right-of--way line. (Ord. No. 261)
First Street. Front setback-ten (10) feet from front property line. From Prospect Avenue to
Westerly City Limits. (Ord. No. 500)
v Prefix and Suffix to Districts
A numerical prefix and/or suffix may be added to any district. The prefix shall establish the
minimum width for a building site measured in feet at the building setback line; the numerical suffix shall
establish the minimum number of square feet for a building site in said zone. However, the numerical
suffix and building site shall in no case be less than the minimum lot size established in this Chapter.
This section shall not apply to a P-D District. (Ord. No. 248, Sec.2)
w Distance Requirements--Single Site: One-and Two-Story
No dwelling or main building one-story in height shall be closer than ten (10) feet to any other
dwelling or main building of equal height on the same building site; and no dwelling or main building two
stories in height shall be closer than fifteen (15) feet to any other dwelling or main building upon the
same building site. (Ord. No. 202, Sec. 2)
x Highway Dedication and Improvement
No building and no land shall be used for any of the commercial uses permitted in the C-1, C-2,
C-3 or M Zones, nor shall any certificate of use and occupancy therefor be issued by the Building and
Safety Department, where the land upon which such building or land to be used for said uses abuts
upon, and the ingress or egress to the said building or land is by way of or into or upon any existing
highway or highways shown on the Master Plan of Streets and Highways, adopted by the City of Tustin
on December 5, 1960, as amended, until and unless the right-of-way for such highway or highways to
the width shown on "Standard Streets and Highways Plans" has been dedicated to or vested in the City
of Tustin, and such right-of--way has been improved by installation of curbs, gutters, and street
drainage, in full compliance with the City of Tustin Street Improvement Standards, as amended, or the
owner has dedicated or irrevocably offered to dedicate such right-of--way and prepared plans for the
improvement and has entered into an agreement with the City to make such improvements. In the
event an agreement for the improvement is entered into, the City Council may require that the
agreement be secured by a good and sufficient bond, or it may accept in lieu thereof a cash deposit,
which bond or cash deposit shall be in an amount equal to the estimated cost of the improvement.
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Commercial use, as used in this section means any retail, wholesale, or manufacturing
business, the carrying on of any profession, the operation of mobile home parks, hotels, or any
business, but does not include farming, including all types of agriculture and horticulture, or the
conducting of temporary stands for the sale of agricultural or farming products grown or produced in the
premises as accessory use to the land, or the conducting of any home occupation.
Provided, however, that sidewalks shall not be required in the M Zone. (Ord. No. 293, Sec. 4)
y Criteria for dish antenna installation
(1) Definition. For the purpose of this section, a "dish antenna" is adisc-shaped
antenna either solid or mesh type construction exceeding three (3) feet in diameter,
intended but not limited to the purpose of receiving communications from an orbiting
satellite transmitter.
(2) Location:
(a) Residential zones: A dish antenna installed at ground level in the rear yard
and obscured from public right-of-way view is exempt from the requirement of a
use permit. If a useable signal cannot be obtained from a rear yard location, the
dish antenna may be located in the side yard of the property or on a building roof
subject to issuance of a use permit.
(b) Nonresidential zones: A dish antenna located at ground level or on a
building roof completely obscured from public right-of--way view is exempt from
the requirement of a use permit. Those antennas which cannot be obscured as
determined by City staff are subject to issuance of a use permit.
(3) Antenna color compatibility: All dish antennae shall be compatible in color with their
surroundings and not include signage whether manufacturer's name and other
advertising. Antennas shall be painted to match surrounding background if only partially
obscured or to match dominant building color if roof-mounted.
(4) Height limitations:
(a) Residential zones: Dish antennas shall not exceed the maximum building
height limit permitted in the zone if roof-mounted nor exceed ten (10) feet in
height if ground-level mounted.
(b) Nonresidential zones: Dish antennas shall not exceed the maximum building
height limit permitted in the zone if roof-mounted nor exceed fifteen (15) feet in
height if ground-level-mounted.
(5) Building permits: A building permit shall be obtained prior to the installation of any
dish antenna exceeding three (3) feet in diameter. (Ord. No. 926, Sec. 2, 2-4-85)
z Outdoor Vending Activities, Pushcarts, Portable Vending Devices
Consistent with other sections of the Tustin City Code, outdoor vending activities are also
hereby prohibited except as provided herein:
(1) Pushcarts or portable vending devices may operate within the City of Tustin in the
following locations only:
(a) Within any commercial multi-use or multi-tenant shopping center with more
than thirty-thousand (30,000) square feet of leasable floor area or located on a
site greater than one (1) acre in land area, with written consent of the center
owner or agent, upon Planning Commission review and approval of a proposal
subject to the findings required for approval of a design review application by the
director of community development;
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(b) At any special event or activity, with limits to the number of pushcarts
conditioned upon the issuance of a temporary use permit, by the Director of
Community Development; and
(c) At other appropriate sites, upon issuance of a conditional use permit and
design review approval by the Planning Commission.
(2) Pushcarts or portable vending devices may be operated or used for any outdoor
vending purpose only during the business or operating hours of the shopping center or
special event where located. In centers where one (1) or more businesses operate on a
twenty-four-hour basis, the maximum hours of operation of pushcarts or portable
vending devices shall be 9:00 a.m. to 11:00 p.m.
(3) Pushcart or portable vending device operators and pushcart or portable vending
device owners shall have a valid City of Tustin business license, and any necessary
State, County or other City permit required by law, and shall operate in accordance with
regulations pertaining to those licenses and permits.
(4) Design standards
The following design criteria and standards shall be considered in the evaluation of a
Design Review application for pushcarts or other portable vending devices:
(a) Location, number and size, including height;
(b) Design of the pushcart(s) or other portable vending device(s), including color
and signage, which shall be compatible with the design of the shopping center
where the pushcart(s) is located;
(c) Ancillary equipment, such as cash register stands and trash receptacles;
(d) Security. The design and location of pushcarts or portable vending devices
shall minimize theft and vandalism.
(5) One (1) small compact stool or chair may be utilized by the pushcart or portable
vending device operator. The chair or stool shall be placed within four (4) feet of the
pushcart and shall not block the safe passage of pedestrians or vehicles. No advertising
shall be placed on the stool or chair. No additional seating shall be allowed.
(6) A refuse bin of at least one (1) cubic foot, shall be provided in, on or within three (3)
feet of the pushcart(s) or other portable vending device(s).
(7) Restrictions:
(a) No noise-making devices shall be used in conjunction with pushcarts or
portable vending devices.
(b) Pushcarts or portable vending devices shall not be stationed for purposes of
outdoor vending in any location which creates an unreasonable obstruction to the
normal flow of vehicular or pedestrian traffic; or within ten (10) feet of any
intersection, driveway, or building entrance; or in any space designed for
vehicular parking.
(c) No signs or other advertising devices are permitted beyond those painted on
or affixed to the pushcart, portable vending device or its canopy. Such signs shall
be considered "vehiGe signs", and shall be allowed in accordance with Tustin
City Codes. Electrified or internally illuminated signs shall be prohibited.
(d) Pushcart canopies, awnings or roofs constructed of fabric or other light-
transmitting material shall not be backlit.
(e) All merchandise shall be maintained on the pushcart or portable vending
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device. (Ord. No. 1123, Sec. 1, 6-6-94)
as Repealed. (Ord. No. 1206, Sec. 2, 9-21-98; Ord. No. 1354, Sec. II, 11-4-08)
bb Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)
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9297 DEFINITIONS
Page 1 of 9
"Administrative Office" means an office for the rendering of service or general administration,
but excluding retail sales. (Ord. No. 157, Sec. 11.1)
"Adult Bookstore" shall mean an establishment having as a substantial or significant portion of
its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting,
describing, or related to specified sexual activity or specified anatomical areas, or an establishment with
a segment or section thereof devoted to the sale or display of such material. (Ord. No. 819, Sec. 1, 2-
19-80)
"Adult Business" shall mean any business which is conducted exclusively for the patronage of
adults, and as to which minors are specifically excluded from patronage thereat, either by law or by the
operators of such business. "Adult Business" shall also mean and include adult bookstores, adult
theaters, massage parlors, topless dancing, stripping, figure modeling studios, adult motels or hotels,
but shall not include those uses or activities the regulation of which are preempted by state law. (Ord.
No. 819, Sec. 1, 2-19-80)
"Adult Hotel/Motel" shall mean a hotel or motel which provides, through closed circuit television,
or other media, material which is distinguished or characterized by the emphasis on matter depicting or
describing or related to specified sexual activities or specified anatomical areas. (Ord. No. 819, Sec. 1,
2-19-80)
"Adult Park" means any mobile home or travel trailer park the spaces of which are rented or
leased only to persons having no children under the age of fifteen (15). (Ord. No. 329, Sec. 2)
"Adult Theater" shall mean a theater which presents live entertainment or motion pictures or
videotaped presentations or slide photographs, which are distinguished or characterized by their
emphasis on matter depicting, describing, or related to specified sexual activity or specified anatomical
areas. (Ord. No. 819, Sec. 1, 2-19-80)
"Alcoholic Beverage Sales Establishment" means any establishment where an alcoholic
beverage is sold, including, but not limited to, liquor stores, bars, lounges, restaurants, markets, mini-
marts, gas stations, drive-in dairies, bakeries and florists. (Ord. No. 920, Sec. 6, 11-19-84)
"Alley" means a public or private way less than thirty (30) feet in width which affords a
secondary means of access to abutting property. (Ord. No. 157, Sec. 11.2)
"Alteration means any exterior change or modification requiring a building permit of any
Designated Cultural Resource or of any property located within a Cultural Resource District. (Ord. No.
1001, Sec. 3, 6-20-88)
"Apartment" means any building or portion thereof which is designed and built for occupancy of
three (3) or more families. (Ord. No. 157. Sec. 11.3)
"Beverage" means beer and other malt beverages, carbonated mineral and soda waters, and
similar carbonated soft drinks in liquid form which are intended for human consumption. (Ord. No. 993,
Sec. 1, 9-8-87)
"Beverage container" means the individual, separate bottle, can, jar, carton, or other receptacle,
however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic,
or other material, or any combination of these materials. "Beverage container" does not include cups or
other similar open or loosely sealed receptacles. (Ord. No. 993, Sec. 1, 9-9-87)
"Block" means all property fronting upon one side of a street between intersecting and
intercepting streets, or between a street and a railroad right-of--way, waterway, dead end street or city
boundary. An intercepting street shall determine only the boundary of the block on the side of a street
which it intercepts. (Ord. No. 157, Sec. 11.5)
"Boarding House" means a dwelling other than a hotel or motel, where lodging and/or meals for
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three (3) or more persons is provided for compensation. (Ord. No. 157, Sec. 11.6; Ord. No.
1225, Sec. IV, 1-17-00)
"Building" means any structure having a roof supported by columns or by walls and designed for
the shelter or housing of any person, animal or chattel. (Ord. No. 157, Sec. 11.7)
"Building, Accessory" means a subordinate building including shelters or pools, the use of which
is incidental to that of the main building on the same lot and/or building site. (Ord. No. 157, Sec. 11.8)
"Building, Main" means a building in which is conducted the principal use of the lot and/or
building site on which it is situated. (Ord. No. 156, Sec. 11.9)
"Building Setback Line" means a line established to denote the minimum distance a building
may be constructed from a property line or right-of-way line. (Ord. No. 353, Sec. 4)
"Building Site" means a lot or parcel of land, in single or joint ownership, and occupied or to be
occupied by a main building and accessory buildings, or by a dwelling group and its accessory building,
together with such open spaces as are required by the terms of this Chapter and having its principal
frontage on a street, road, highway or waterway. (Ord. No. 157. Sec. 11.10)
"Business, Retail" means any establishment where the retail sale of any article, substance, or
commodity, but not including the sale of lumber or other building materials, or the sale of used ar
secondhand goods or materials of any kind. (Ord. No. 157, Sec. 11.11)
"Business, Wholesale" means the wholesale handling of any article, substance or commodity
but not including the handling of lumber or other building materials or the open storage or sale of any
material or commodity, and not including the processing or manufacture of any product or substance.
(Ord. No. 157, Sec. 11.12)
"Carport" means a permanent, roofed. structure, used for automobile shelter and automobile
storage, in addition to the lockable storage hereinafter specified. Lockable, usable and accessible
storage space of at least ninety (90) cubic feet shall be provided in all carports. (Ord. No. 304, Sec. 2)
"Certificate of Appropriateness" means an approved certificate issued for the construction,
demolition, alteration, removal, or relocation of any publicly or privately owned Designated Cultural
Resource, or any structure, natural feature, or site within a Cultural Resource District. (Ord. No.1001,
Sec. 3, 6-20-88)
"Combining District" means any district in which the general district regulations are combined
with those special districts defined in Section 9213 for the purpose of adding additional special
regulations. (Ord. No. 157, Sec. 11.13)
"Committee" means the Historic Resource Committee. (Ord. No. 1001, Sec. 3, 6-20-88; Ord.
No. 1301, § VII, 9-19-05)
"Community Development Director" means the Director of the Community Development
Department or designee. (Ord. No. 1301, § VIII, 9-19-05)
"Consumer" means every person who, for his or her use or consumption, purchases a beverage
in a beverage container from a dealer. "Consumer" includes, but is not limited to, a lodging, eating, or
drinking establishment, and soft drink vending machines. (Ord. No. 993, Sec. 1, 9-8-87)
"Convenience Store" means any establishment under fifteen thousand (15,000) square feet in
size where food, beverage, magazine and auto related items, or any combination thereof, are sold for
off-site use and/or consumption. (Ord. No. 981, Sec. 11, 5-4-87)
"Cultural Resource District" means any area containing improvements which have a special
character, historical interest or aesthetic value or which represent one (1) or more architectural periods
or styles typical to the history of the City, and which improvements constitute a distinct section of the
City that has been designated a Cultural Resource District pursuant to Section 9252 of the Zoning
Code. (Ord. No. 1001, Sec. 3, 6-20-88)
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"Day Care Homes-Children" means a
properly licensed by the Orange County Welfare
without compensation for:
Page 3 of 9
family dwelling unit, non-institutional in character,
Department, which provides day care only, with or
(1) Not more than five (5) children including the family day care mother's own children,
when the age range is infancy through six (6) [years]; and,
(2) Not more than six (6) children when the age range is three (3) to sixteen (16),
including the day care mother's own children. (Ord. No. 511)
"Day Nursery" means a place, institutional in nature, where seven (7) or more children are left
for daytime care.
"Demolition" means to tear down or demolish. (Ord. No. 1001, Sec. 3, 6-20-88)
"Designated Cultural Resource" means improvements, buildings, structure, signs, features,
sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural, or
historical significance to the residents of the City that has been designated a Cultural Resource by the
City Council. (Ord. No. 1001, Sec. 3, 6-20-88)
"Designated Site (Cultural Resource Site)" means a parcel or part thereof on which a cultural
resource is situated, and which has been designated a cultural resource site by the City Council. (Ord.
No. 1001, Sec. 3, 6-20-88)
"District" means a portion of the City within which certain uses of land and buildings are
permitted or prohibited and within which certain yards and other open spaces are required and certain
height limits are established for buildings, all as set forth and specified in this Chapter. (Ord. No. 157,
Sec. 11.14)
"Driveway" means 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. (Ord. No. 1240, Sec. 2, 8-6-01)
"Dwelling" means a building or portion thereof designed for residential occupancy. (Ord. No.
157, Sec. 11.15; Ord. No. 1225, Sec. IV, 1-17-00)
"Dwelling, Single-Family" means a building designed for, or used to house not more than one
(1) family, including all necessary employees of such family. (Ord. No. 157, Sec. 11. 16)
"Dwelling, Two-Family or Duplex" means a building containing not more than two (2) kitchens,
designed and/or used to house not more than two (2) families, living independently of each other,
including all necessary employees of each such family. (Ord. No. 157, Sec. 11.17)
"Dwelling, Multiple" means a building, or portion thereof, used and designed as a residence for
three (3) or more families living independently of each other and doing their own cooking in said
building, including apartment houses, apartment hotels and flats, but not including motels,
boardinghouses, and hotels. (Ord. No. 157, Sec. 11.18)
"Dwelling Groups" means a group of two (2) or more detached one-family, two-family, or
multiple dwellings occupying a parcel of land in one (1) ownership and having any yard or court in
common, but not including automobile courts. (Ord. No. 175, Sec. 9)
"Exterior Architectural Feature" means the architectural elements embodying style, design,
general arrangement and components of all of the outer surfaces of an improvement, including, but not
limited to, the kind, color and texture of the building materials and the type and style of all windows,
doors, lights, signs and other fixtures appurtenant to such improvement. (Ord. No. 1001, Sec. 3, 6-20-
88)
"Family" means an individual or two (2) or more persons living together as a single
housekeeping unit in a dwelling unit. (Ord. No. 157, Sec. 11.20; Ord. No. 1225, Sec. IV, 1-17-00)
"Family Park" means any mobile home or travel trailer park, the spaces of which are rented or
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leased without restriction upon the ages of the children or occupants. (Ord. No. 329, Sec. 2)
"Fence" means any structural device forming a physical barrier by means of hedge, wood,
mesh, metal, chain, brick, stake, plastic or other similar materials. (Ord. No. 157, Sec. 11.21)
"Figure Modeling Studio" shall mean any establishment in which models pose while exposing
specified anatomical areas. (Ord. No. 819, Sec. 1, 2-19-80)
"Garage, Private" means a detached, accessory building, or a portion of a main building on the
same lot as a dwelling, used primarily for the housing Qf 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, with not less
than ten feet by twenty feet (10' x 20') clear and unobstructed inside dimensions, and which shall be
permanently maintained as a parking accommodation. (Ord. No. 733, Sec. 7)
"Guesthouse" means detached living quarters of a permanent type of construction and without
kitchens or cooking facilities and where no compensation in any form is received or paid. (Ord. No. 157,
Sec. 11.23)
"Height of Building" means the vertical distance from the average level of the highest and lowest
point of that portion of the lot covered by the building to the topmost point of the roof. (Ord. No. 157,
Sec. 11.25)
"Home Occupation" means an occupation carried on wholly within a dwelling by an occupant of
the dwelling, as a secondary use, in connection with which there is: No person employed who is not a
resident of the premises, no exterior display, no stock-in-trade or commodity sold upon the premises,
no mechanical or electrical equipment used except such as is customary for housekeeping purposes,
no outside operations or storage, no alteration of the residential appearance of the health, safety or
welfare of the general public, or which emits smoke, dust, fumes, odors, vibrations, glare or electrical
disturbances onto any other premises, no activity which generates excessive pedestrian traffic or
vehicular traffic or parking in excess of that otherwise normally found in the zone, no parking or use
made of any vehicle over three-fourths ton carrying capacity, no parking in the front yard, driveway or
immediately adjacent to the premises of any vehicle bearing any sign, identification or advertisement of
the home occupation. (Ord. No. 330, Sec. 2B)
"Hotel"-See Motel. (Ord. No. 157, Sec. 11.26)
"Improvement" means any building, structure, parking facility, fence, gate, wall, landscaping
requiring a building permit constituting a physical betterment of real property, or any part of such
betterment. (Ord. No. 1001, Sec. 3, 6-20-88)
"Junk Yard" means more than one hundred (100) square feet of the area of any lot used for the
storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or
"wrecking" of automobiles or other vehicles or machinery, whether for sale or storage. (Ord. No.157,
Sec. 11.27)
"Kennel" means any lot or premises on which more than three (3) dogs, cats or similar small
animals, more than three (3) months of age are kept, boarded, or trained, whether in special buildings
or not. (Ord. No. 352, Sec. 1)
"Large Family Day Care Home" means a family dwelling unit, non-institutional in character,
properly licensed by the County of Orange, which provides day care only, for a maximum of twelve (12)
children ages eighteen (18) years or younger, including the licensee's own children under the age of
twelve (12). (Ord. No. 911, Sec. 7, 5-21-84)
"Lot"--See Building Site. (Ord. No. 157, Sec. 11.28)
"Lot Front" means the narrowest dimension of a lot fronting on a street. (Ord. No. 157, Sec.
11.29)
"Lot Line" means a line separating the frontage from a street; the side from a street or adjoining
property; the rear from an alley or street, or adjoining properly. (Ord. No. 157, Sec. 11.31)
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AK't'1C;Ltr y LAND USE Page 5 of 9
"Lot, Through" means a lot having frontage on two (2) parallel or approximately parallel streets.
(Ord. No. 157, Sec. 11.32)
"Lot Side" means any lot boundary not a front or rear lot line. (Ord. No. 157, Sec. 11.30)
"Material" relative to adult businesses shall mean and include, but not be limited to, accessories,
books, magazines, photographs, prints, drawings, paintings, motion pictures, videotapes, and
pamphlets, or any combination thereof. (Ord. No. 819, Sec. 1, 2-19-80)
"Massage Parlor" shall mean any establishment required to be licensed pursuant to Section
3711 of the Tustin City Code. (Ord. No. 819, Sec. 1, 2-19-80)
"Mobile Home" means a vehicle, other than a motor vehicle, designed for human habitation, for
canying persons and property on its own structure, for being drawn by a motor vehicle. (Ord. No. 329,
Sec. 2)
"Mobile Home Park" means any area or tract of land where one (1) or more mobile home lots
are rented or leased or held out for rent or lease to accommodate mobile homes used for human
habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it
occupies. (Ord. No. 329, Sec. 2)
"Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department
of Motor Vehicles, which is used for the collection of recyclable materials. A Mobile Recycling Center
also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the
collection of recyclable materials. (Ord. No. 993, Sec. 1, 9-8-87)
"Motel" or "Hotel" means a single building. or group of detached buildings, containing guest
rooms or apartments, with automobile storage space provided on the site for such rooms or apartments
provided in connection therewith, which group is designed and used primarily for the accommodation of
transient automobile travelers. (Ord. No. 157, Sec. 11.4)
"Nonconforming Use" means a use that does not conform to the regulations for the district in
which it is situated. (Ord. No. 157, Sec. 11.33)
"Nursery School" means a public or private agency, institutional in nature, engaged in
educational activity with six (6) or more pre-school children. (Ord. No. 511)
"Official Plan Line" means a line established to denote the ultimate right-of-way of a street. (Ord.
No. 353, Sec. 5)
"Parking Space" means accessible and usable space on a building site, at least nine feet by
twenty feet (9' x 20') for open parking and ten feet by twenty feet (10' x 20') clear and unobstructed
inside dimensions for covered parking, located off the street and for the parking of automobiles. Not
less than two (2) parking spaces per dwelling unit shall be provided and permanently maintained as
parking accommodation, one of which must be covered. Parking not otherwise required to be in a
garage or carport must be located on a paved area on the same lot or parcel of land or contiguous
thereto. (Ord. No. 733, Sec. 8)
"Paved Area" means an area of any required yard which is constructed with impervious
materials which either results in an increase in the amount of storm water run-off into public storm
drainage facilities or hinders natural percolation of storm water on the subject property. (Ord. No. 1240,
Sec. 2, 8-6-01)
"Person" includes any individual, city, county, or city and county; partnerships, corporations,
cooperatives, association, trust or any other legal entities, including the Federal Government. (Ord. No.
157, Sec. 11.35)
"Portable Vending Device" means any stand, enclosure, booth, kiosk, instrument or mechanism
intended to be temporarily used to display, distribute or sell food, beverage, product to the public. (Ord.
No. 1123, Sec. 2, 6-6-94}
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"Processor" means any person, including a scrap dealer, certified by the State Department of
Conservation who purchases empty aluminum beverage containers, nonaluminum metal beverage
containers, glass beverage containers, plastic beverage containers, or any other beverage containers,
including any one (1) or more of those beverage containers, which have a redemption value
established pursuant to this division, from recycling center in this state for recycling or, if the container
is not recyclable, not for recycling, and who cancels, or who certifies to the department in a form
prescribed by the Department of Conservation of, the redemption value and redemption bonus of these
empty beverage containers by processing empty beverage containers, in any manner which the
department may prescribe. However, the department shall not take any action regulating scrap dealers
or recycling centers who are processors or recycling centers unless authorized by and pursuant to the
goals of this division. (Ord. No. 993, Sec. 1, 9-8-87)
"Professional Office" means an office for the conduct of any of the following uses only:
Accountant, architect, attorney, chiropractor, optometrist, chiropodist, designer, draftsman, engineer,
surveyor, dentist, physician, and surgeon. (Ord. No. 157, Sec. 11.36)
"Pushcart" means any wagon, cart, or similar wheeled container, which is not a "vehicle", as
defined in the Vehicle Code of the State of Califomia, from which food, beverage, or product is
displayed, distributed or offered for sale to the public. (Ord. No. 1123, Sec. 2, 6-6-94)
"Pushcart or Portable Vending Device Operator" means any person,
association, corporation, stockholder, including, but not limited to, owners, operators, esso sr ands
lessees, who operate a pushcart or portable vending device for the purpose- of vending food, beverage,
or product therefrom. (Ord. No. 1123, Sec. 2, 6-6-94)
"Pushcart or Portable Vending Device Owner" means any person as defined herein owning or
controlling one (1) or more pushcarts and who:
(1) Conducts or permits or causes the operation of such pushcart(s) or portable
vending device(s) for vending food, beverage or product;
(2) Owns, operates, controls, manages, or leases such pushcart(s) or portable vending
device(s); or
(3) Contracts with persons to vend food, beverage or product from such pushcart(s) or
portable vending device(s). (Ord. No. 1123, Sec. 2, 6-6-94)
"Recyclable Material" is reusable material, including but not limited to metals, glass, plastic and
paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the
altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material
may include used motor oil collected and transported in accordance with Section 25250.11 and
25143.2(b)(4) of the Califomia Health and Safety Code and Orange County Fire and Health
Departments. (Ord. No. 993, Sec. 1, 9-8-87)
"Recycle," "Recycled," "Recycling" or "Recyclable" means the reuse or refilling of empty
beverage containers or the process of sorting, cleansing, treating, and reconstituting empty postfilled
beverage containers for the purpose of using the altered form. "Recycle," "recycled," "recycling"
"recyclable," does not include merely sorting, shredding, stripping, compressing, storing, landfilling with,
or disposing of an empty beverage container. (Ord. No. 993, Sec. 1, 9-8-87)
"Recycling Facility" is a center for the collection of recyclable materials. A Certified Recycling
Facility means a recycling facility certified by the Califomia Department of Conservation as meeting the
requirements of the Califomia Beverage Container Recycling and Litter Reduction Act of 1986. A
recycling facility does not include storage containers or processing activity located on the premises of a
residential, commercial, or manufacturing use and used solely for the recycling of material generated by
that residential property, business or manufacturer. Recycling facilities includes the following:
A "Collection Facility" is a center for the acceptance, by donation, redemption, or purchase, of
recyclable materials from the public. Such a facility does not use power-driven processing
equipment except as indicated in Section 4 Criteria and Standards. Collection Facilities may
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include the following:
Page 7 of 9
1. Reverse Vending Machines which occupy an area of not more than fifty (50) square
feet.
2. Bulk reverse vending machines occupying no more than five hundred (500) square
feet.
3. Large collection facilities which occupy a permanent building or store front. (Ord. No.
993, Sec. 1, 9-8-87)
"Redemption" and "Redeem" means the return to a recycling center of an empty beverage
container for a refund of at least the redemption value and any applicable redemption bonus.
"Rest Home" means any premises licensed under Section 2300 of the Welfare and Institutions
Code of the State of California. (Ord. No. 157, Sec. 11.37)
"Rooming House"--See Boarding House. (Ord. No. 157, Sec. 11.38)
"Sanitarium" means a health station or retreat or other place where patients are housed, and
where treatment is given, but excluding mental institutions or institutions for treatment of persons
addicted to the use of drugs. (Ord. No. 157, Sec. 11.39)
"Second Residential Unit" means a building or portion thereof designed for residential
occupancy on a lot developed with a legal conforming single-family dwelling. (Ord. No. 1271, Sec. VIII,
6-2-03)
"Service Station" means an occupancy which provides for the servicing of motor vehicles and
operations incidental thereto, limited to the retail sale of petroleum products and automotive
accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and
repairing (excluding recapping); battery service, charging and replacement, not including repair and
rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of
accessories; also including the following operations if conducted within a building; lubrication of motor
vehicles; brake servicing limited to servicing and replacement of brake cylinders and brake shoes;
wheel balancing; the testing, adjustment, and replacement of carburetors, coils, condensers, distributor
caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps,
water hoses and wiring. (Ord. No. 157, Sec. 11.40)
"Setback Lines" means a line established by this Chapter to govern the placement of buildings
or structures with respect to lot lines, streets or alleys. (Ord. No. 157, Sec. 11.41)
"Side and Front of Comer Lots" means the nan'owest frontage of a comer lot facing the street is
the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction
in which the dwelling faces. (Ord. No. 157, Sec. 11.42)
"Signs" means any advertising display or structure. (Ord. No. 157, Sec. 11.43)
"Small Animal Hospital or Clinic" means a place where small animals, such as dogs, cats, birds,
and the like, are given medical or surgical treatment. (Ord. No. 352, Sec. 2)
"Special Event" means any commercial, civic, patriotic, religious, cultural, community or political
event taking place on a specific date or dates or other such occurrence as determined by the Director
of Community Development. (Ord. No. 1123, Sec. 2, 6-6-94)
"Specialty Store" means a market or retail store other than convenience stores with fewer than
3,500 square feet in gross floor area with limited hours of operation, located in a retail center with more
than three (3) retail tenants, that offers a combination of unique foods and beverages not commonly
found in convenience or food markets or other retail stores for off-site use or consumption and where
alcoholic beverage sales are incidental with no more than fifteen (15) square feet of the retail floor
devoted to display of non-refrigerated alcoholic beverage sales for off-site consumption and no sales of
refrigerated alcoholic beverages. (Ord. No. 1237, Sec. 2, 6-4-01)
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"Specified Anatomical Areas" shall mean:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic regions;
(b) Buttock; and
(c) Female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered. (Ord. No. 819, Sec. 1, 2-19-80)
"Specified Sexual Activities" shall mean:
(1) Human genitals in a state of sexual stimulation or arousal; and/or
(2) Acts of human masturbation, sexual stimulation or arousal; and/or
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female
breast. (Ord. No. 819, Sec. 1, 2-19-80)
"Street" means a public thoroughfare accepted by the City of Tustin, which affords principal
means of access to abutting property, including avenue, place, way, drive, lane,
road and any other thoroughfare except an alley as defined herein. (Ord. No. 157, Secull ~ a, r~dj highway,
"Street Line" means the boundary between a street right-of--way and property. (Ord. No. 157,
Sec. 11.45)
"Structure" means anything constructed or erected, the use of which requires location on or in
the ground, or attachment to something having location on the ground, including swimming pools,
excluding driveways, patios or parking spaces. (Ord. No. 157, Sec. 11.46)
"Structural Alterations" means any change in the supporting members of a structure, such as
bearing walls, columns, beams or girders. (Ord. No. 157, Sec. 11.47)
"Supermarket" means afull-line, self-service retail store with gross annual sales of two million
dollars ($2,000,000.00) or more, and which sells a line of dry grocery, canned foods, or nonfood items
and some perishable items. (Ord. No. 993, Sec. 1, 9-8-87)
"Travel Trailer" means a vehicle, other than a motor vehicle, which is designed or used for
human habitation, and for travel or recreational purposes, which does not at any time exceed eight (8)
feet in width and forty (40) feet in length and which may be moved upon a public highway without a
special permit or chauffeur's license, or both, without violating any provision of the Vehicle Code. (Ord.
No. 329, Sec. 2)
"Travel Trailer Park" means any area or tract of land or a separate designated section within a
mobile home park where one (1) or more lots are rented or leased or held out for rent or lease to
owners or users of travel trailers or camp cars used for travel or recreational purposes. (Ord. No. 329,
Sec. 2)
"Unit" means any building designed or used for the shelter or housing of one (1) or more
persons, and shall include apartments. (Ord. No. 790, Sec. 4, 2-20-79)
"Use" means the purpose for which land or a building is designed, arranged, or intended or for
which either land or building is or may be occupied or maintained. (Ord. No. 157, Sec. 11.49)
"Use, Accessory" means a use incidental or subordinate to, and devoted exclusively to the main
use of a lot or a building located on the same lot. (Ord. No. 157, Sec. 11.50)
"Vend or vending" means offering food, beverage, or product of any kind for outdoor sale on any
publicly or privately owned sidewalk, drive aisle, street, alley, or unenclosed place open to the public,
including the movement or standing of a pushcart or portable vending device for the purpose of
searching for, obtaining or soliciting retail sales of products. (Ord. No. 1123, Sec. 2, 6-6-94)
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"Vending Machines":
Yage 9 of 9
A "Reverse Vending Machine" is an automated mechanical device which accepts at least one
(1) or more types of empty beverage containers including, but not limited to aluminum cans,
glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not
less than the container's redemption value as determined by the State. A Reverse Vending
Machine may sort and process containers mechanically provided that the entire process is
enclosed within the machine. (In order to accept and temporarily store all three (3) container
types in a proportion commensurate with their relative redemption rates, and to meet the
requirements of certification as a recycling facility, multiple grouping of Reverse Vending
Machines may be necessary.)
A "Bulk Reverse Vending Machine" is a Reverse Vending Machine that is larger than fifty (50)
square feet; is designed to accept more than one (1) container at a time; and will pay by weight
instead of by container. (Ord. No. 993, Sec. 1, 9-8-87)
"Yard" means an open space other than a court on the same lot with a building, which open
space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in
Section 9271. (Ord. No. 157, Sec. 11.51)
"Yard, Front" means a yard extending across the full width of the lot, the depth of which is
measured from the front line of the lot to the nearest line of the building; provided, however, that if any
Official Plan Line has been established for the street upon which the lot faces, the front yard
measurement shall be taken from such Official Plan Line to the nearest line of the building. (Ord. No.
353, Sec. 2)
"Yard, Rear" means a yard extending across the full width of the lot and measured between the
rear line of the lot and the nearest line of the main building. (Ord. No. 157, Sec. 11.53)
"Yard, Side" means a yard between the side line of the lot and the nearest line of the building
and extending from the front yard to the rear yard. (Ord. No. 353, Sec. 3)
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9299 ZONING ADMINISTRATOR
a Office Created
An Office of the Zoning Administrator is hereby created pursuant to Section 65900 et seq,, of
the California Government Code.
b Duties
The Community Development Director, or his/her designee, acting as the Zoning Administrator,
shall have dual responsibility with that of the Planning Commission to hear and decide in accordance
with Council policy and provisions of this chapter, and has the authori to a
ty pprove, conditionally
approve or deny the following requests when such requests constitute a reasonable use of property not
permissible under a strict literal interpretation of the regulations. The Zoning Administrator reserves the
right to forward any matter listed below to the Planning Commission for consideration and action.
Requests for minor adjustments Zoning Administrator variances in excess of the limitations prescribed
in this subsection, or those development standards not specifically listed in this subsection, shall be
subject to the approval of a variance by the Planning Commission. Requests for conditional use permits
or other specified development applications not specifically listed in this subsection shall be subject to
the approval of a conditional use permit or other discretionary review by the Planning Commission or
other reviewing body as applicable.
(1) Minor adjustments:
(a) A decrease of not more than five percent (5%) of the required building site
area.
(b) A decrease of not more than ten percent (10%) of a required building or
landscaping setback.
(c) An increase of not more than twenty percent (20%) in the maximum
permitted height of a fence or wall, subject to city approved structural design.
(d) An increase of not more than ten percent (10%) of the permitted projection
of steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry
chimneys, raised porches and fireplaces into any required building setback.
(e) An increase of not more than ten percent (10%) in the maximum permitted
building height.
(f) A decrease in the number of required off-street parking spaces for
nonresidential land uses up to a maximum of ten percent (10%).
(g) A decrease of not more than ten percent (10%) in the permitted distances
between detached accessory structures and main structures.
(h) An increase of not more than ten (10) percent in the maximum permitted
driveway area within the front yard setback for residential districts or the front
yard for commercial and industrial districts. (Ord. No. 1240, Sec. 2, 8-6-01; Ord.
No. 1354, Sec. II, 11-4-08)
(i) A decrease in the number of required off-street parking spaces for residential
land uses by a maximum of one (1) 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. (Ord. No. 1354, Sec.
I1, 11-4-08)
(2) Variances when required by the City Code:
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(a) A decrease of not more than ten percent (10%) of an individual required
building site area.
(b) An increase of not more than twenty percent (20%) of the permitted
projection of steps, stairways, landings, eaves, cornices, canopies, overhangs,
masonry chimneys, raised porches and fireplaces into any required building
setback.
(c) A decrease of not more than twenty percent (20%) in the permitted
distances between detached accessory structures and main structures.
(d) A decrease in the number of required off-street parking spaces for
nonresidential land uses up to a maximum of twenty percent (20%).
(e) A decrease of not more than twenty percent (20%) in the required setbacks
for buildings, landscaping, swimming pools, spas and equipment.
(3) Conditional use permits when required by the City Code:
(a) Dish antennas.
(b) Bulk vending machines.
(c) Large collection facilities.
(d) On-premises dry cleaning.
(e) Minor CUPs for existing development where there would be no change of
occupancy or primary use, there would be no expansion of floor area, and the
request would not alter the original intent of the project or site.
(f) On-site alcoholic beverage sales license for restaurants.
(g) Secondhand sales when pawning is not included.
(h) Development or construction of new buildings in the Commercial General
(CG) or Industrial (M) Districts where more than fifty percent (50%) of the total
area, or any portion of the ground floor, is designated for occupancy by
professional or general offices.
(i) Accessory buildings used as guest rooms.
Q) Temporary uses for a period of up to six (6) months.
(k) Professional and general offices fronting onto Main Street and EI Camino
Real and located within the Old Town Commercial General land use designation.
(Ord. No. 1317, Sec. II, 9-18-06)
(4) Specified development applications:
(a) Soil remediation activities, subject to the same findings as required for a
conditional use permit.
(b) Time extensions of not more than twelve (12) months from the original
expiration date for minor adjustments, conditional use permits, variances, design
reviews, subdivisions and other development applications, subject to the same
noticing requirements that were given at the time the project was originally
approved.
(c) Except where design review is required by the planning commission
pursuant to an adopted specific plan, (a) design review applications within
redevelopment project areas; (b) minor design reviews within redevelopment
project areas which include modifications to existing structures and/or existing
facade or site modifications which constitute a change in three (3) or less major
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design elements which do not result in a completed facade upgrade; (c) single-
family homes not part of a subdivision, (d) residential room additions and (e) new
or modified accessory structures associated with existing development.
(d) Amendment to conditions of approval established by planning commission
or city council. Condition amendments that are determined by the Community
Development Director to be minor in nature and will not alter the original intent of
the project or site. Examples would include changes to exterior materials, colors,
elevations, landscaping, walls/fences and hours of operation.
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_ __ _ ._ _ ~_ rage ~ of 4
9405 ADMINISTRATION AND ENFORCEMENT
a. Responsibility. The Community Development Director shall have the authority to administer
and enforce all the provisions of this chapter in accordance with the provisions of this Code and
the currently adopted Uniform Building Code.
b. Interpretations. If any ambiguity arises concerning the appropriate application of the sign
code, the Community Development Director shall make the final decision as to the application of
this sign code. In making this determination, the Director shall consider (but not be limited to)
the following items:
1. The general intent and purpose of the sign code.
2. Prior administrative interpretation of similar provisions of the sign code.
3. The general intent and purpose of similar provisions in the sign code.
4. The intent and purpose of the zone classification of the property involved.
5. The provisions of the general plan.
6. Any other applicable codes or requirements, legally permitted precedents or other
relevant information applicable to the application.
Any decisions of the Community Development Director may be appealed to the Planning
Commission pursuant to the appeals procedure in this chapter.
c. Nonconforming signs. A legally established, nonconforming sign lawfully in existence prior
to the adoption date of this ordinance may remain and be maintained, but shall be made to
conform to all provisions of this Chapter if the Director determines that any of the following
events occur.
1. A nonconforming sign shall not be changed to another nonconforming sign
2. A nonconforming sign shall not be structurally altered so as to extend its useful life. A
sign shall be considered to be structurally altered if the construction materials are
physically replaced with new materials. The replacement of face copy in a cabinet type
sign does not constitute structural alteration.
3. A nonconforming sign shall not be expanded or altered so as to change the size,
shape, position, location or method of illumination of the sign.
4. A nonconforming sign shall not be re-established after discontinuance of the use for
ninety (90) days or more. If any use is wholly discontinued for any reason, except
pursuant to a valid order of a court of law, for a period of ninety (90) days, it shall be
presumed that such use has been abandoned in accordance with 9405d. All other
provisions of the enforcement section 9405e shall apply.
5. A nonconforming sign shall not be re-established after damage or destruction of
more than fifty (50) percent of its replacement value, including destruction, by an Act of
God.
d. Abandoned signs and advertising displays. Lawfully erected signs or advertising displays
pertaining to activities or occupants that are no longer using a property shall be removed by the
responsible party from the premises, or sign copy on such signs shall be removed and/or
covered over, ,within ninety (90) days after the associated enterprise or occupant has vacated
the premises. A Sign is considered abandoned if the occupants are no longer conducting
business for a period of ninety (90) days.
e. Enforcement, legal procedures, and penalties. Enforcement, legal procedures and penalties
with all with recovery costs shall be in accordance with the following provisions and any
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__ _ _ _ __ Page 2 of 4
provisions of state law as may be amended from time to time.
1. Notice and removal.
(a) Notice of violation. Where it is determined that a sign is constructed,
erected or installed in violation of this Chapter; improperly maintained;
abandoned; illegal; unsafe; or the sign permit has terminated, been revoked or is
otherwise in violation of this Chapter; and written notice is required pursuant to
this Chapter, such notice shall be mailed or delivered to the responsible party. If
the notice cannot be sent or delivered to the responsible party, then the notice
shall be attached to the sign. The notice shall give the responsible party an
opportunity to cure the violation or to appeal the City's determination to remove
without notice and shall include instructions for how to request a hearing or
appeal. An invoice for costs may be included with the notice.
(b) Removal with notice. If the City is required to remove any signs or if no
response is made to a notice of violation, the sign may be removed by the City.
The sign will be stored by the City for a period of thirty (30) days and may be
reclaimed by the responsible party after the payment of all removal and storage
costs. Any sign not reclaimed within such time, may be destroyed or disposed of
by the City. In the event the responsible party does not reclaim the sign, or pay
all fees assessed by the City, the City may recover its costs through the cost
recovery mechanism identified in this section.
(c) Removal without notice--Nominal value signs. Notwithstanding any other
provision herein to the contrary, nominal value signs in the public right-of-way,
public parkway area, or easements, excepting political signs, if posted in clear
disregard of the provisions of this Chapter, may be removed and destroyed
without notice or hearing. Signs constructed of cloth, paper, cardboard or scrap
wood, with hand drawn or painted lettering, unframed and unmounted or staked
to the ground or nailed to a post and any other sign believed to have a value of
less than two hundred dollars ($200.00) may be determined by the Director of
Community Development to have nominal value.
2. Nuisance. Notwithstanding any other provision under this Code, all illegal signs are
declared to be a public nuisance and are subject to the public nuisance procedures set
forth in Chapter 5, "Property Maintenance And Nuisance Abatement Regulations and
Standards," of the Tustin Municipal Code.
3. Civil and legal procedures. Notwithstanding the enforcement tools described in this
chapter, the City may concurrently utilize all available criminal and legal penalties
available to it including infraction and misdemeanor citation provisions contained in
section 1121 of the Tustin City Code.
4. Cost recovery. The City shall have the right to recover from a responsible party the
full costs of legal remedies, confiscation, storage and disposal of said sign. An account
of all costs for confiscation, removal, storage and/or disposal shall be maintained by the
Community Development Department. A noticed public hearing before the City Council
shall be scheduled and said notice shall be served on the responsible party. At the
hearing an itemized report showing all costs shall be presented to the Council. The City
Council may make revisions, corrections, or modifications to the report. The report,
together with the charges, shall be confirmed or rejected. The total costs of abatement
including all administrative costs shall constitute a special assessment against the sign
owner and/or property owner.
5. Hearings.
(a) Unless stated otherwise in this Chapter, any person who has received a
notice and/or invoice pursuant to this Chapter may request a hearing. Any
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rags ~ ui ~+
hearing request must be in writing with the Community Development Director
within ten (10) business days of the date of mailing of the notice/invoice. The
request for hearing must set forth the basis of such person's objection.
(b) Upon receipt of a request for a hearing, the Community Development
Director shall set a hearing date before a hearing officer appointed by the City
Manager within thirty (30) days of receipt of the request for a hearing. The
Director shall provide the person requesting the hearing at least five (5) days
advance notice of the hearing date. The hearing date may be changed by mutual
consent of the Community Development Director, the person requesting the
hearing, and the hearing officer. At the hearing, the person requesting the
hearing will have an opportunity to present evidence supporting his/her position.
(c) Within thirty (30) days following the conclusion of the hearing, the hearing
officer shall render a written decision. A copy of this decision shall be promptly
sent to the responsible party. This decision shall be final unless appealed by the
responsible party (also referred to as the "appellant").
(d) If no appeal is filed, the responsible party, within seven (7) days, following
the finality of the determination of the hearing officer shall commence the repairs
or improvements or removal ordered, and such work shall be completed within
ninety (90) days from the commencement thereof, unless otherwise agreed to by
the Community Development Department.
f. Appeals.
(1) Permit application. An appeal of a decision relative to a Sign application may be
made to the Planning Commission. Such appeal shall be filed in writing, including the
appeal fee, to the Community Development Department, within ten (10) days after
mailing of notification to the applicant of the Community Development Director's
application determination. The appeal fee shall be established by a resolution of the City
Council.
(2) Written determinations. To appeal a determination of the Community Development
Director, the appellant shall file a written request for an appeal along with appeal fees
with the Community Development Department, within ten (10) days after the mailing of
the notice of determination. The Planning Commission shall be empowered to make
decisions on the determination. Any determination initially made by the Planning
Commission may be appealed to the City Council.
(3) Hearings. A final decision rendered by a hearing officer may be appealed to the City
Council. To appeal a hearing officer's decision, the appellant shall file a written request
for an appeal along with appeal fees with the Community Development Department,
within ten (10) days after the mailing of the notice of decision.
(4) The Planning Commission or City Council, as applicable, shall set the matter for
consideration within thirty (30) days of the Community Development Department's
receipt of appellant's written request for an appeal and the full payment of the appeal
fee, and shall give written notice to the appellant of the time and date set for
consideration of the appeal. The Commission or City Council, as the final decision
making body, may affirm, reject, or modify a previous decision or determination.
g. Compliance with State and Federal Regulations. Nothing contained in this chapter shall be
construed as permitting signs which violate State or Federal law, or as eliminating the necessity
of full compliance with all such laws affecting erection or maintenance of signs.
h. Severability. All of the provisions of this Chapter shall be construed together in order to
accomplish the purpose of these regulations. If any provision of this Chapter is held by a court
to be unconstitutional, such unconstitutionality shall apply only to the particular facts, or if a
provision is declared to be unconstitutional as applied to all facts, all of the remaining provisions
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of this Chapter shall continue to be fully effective.
(Ord. No. 1321, Sec. 2, 4-3-07)
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01/14/2010
ATTACHMENT C
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