HomeMy WebLinkAbout02 Code Amendment 10-002ITEM #2
TUSTIN
DATE: FEBRUARY 23, 2010
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TO: PLANNING COMMISSION ~~~o,N~oURF~~„~
HONORWG C)U0. PAST
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 10-002, ZONING CODE UPDATE (DRAFT
ORDINANCE NO. 1367)
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.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4141 recommending that the
Tustin City Council adopt a negative declaration and approve Code Amendment 10-002
(CA 10-002) for draft Ordinance No. 1367 to amend Article 9 Chapter 2 of the Tustin
City Code to incorporate use determinations and minor amendments to the Zoning
Code.
BACKGROUND:
On February 9, 2010, planning staff conducted a workshop at the Planning Commission
meeting to provide an overview of proposed Code Amendment 10-002 (CA 10-002) for
draft Ordinance No. 1367 to amend the Tustin City Code (TCC).
Planning Commission Report
CA 10-002 Public Hearing
February 23, 2010
Page 2
In order to provide a clear and consolidated document, Code Amendment 10-002 has
been prepared to incorporate previously approved use determinations and other minor
amendments into the City's Zoning Code. Several use determinations have been made
over many years, and these approved uses are not currently reflected in the code.
Reference documents, including the use determinations matrix (Attachment E) which
shows uses that have previously been determined to be similar to permitted or
conditionally permitted uses, is not readily available to the public for viewing.
ANALYSIS:
The goal of the proposed code amendment is to incorporate minor text amendments
into the Zoning Code this will ensure that the Tustin Zoning Code will be
understandable, internally consistent, consistent with the requirements of California
State Law, and consistent with the Tustin General Plan.
Therefore, use determinations previously made by the Planning Commission and the
Community Development Director are proposed to be incorporated into the Zoning
Code. In addition to updating the list of permitted and conditionally permitted uses, a
number of other minor clean-up Zoning Code amendments are also being proposed,
including the following:
• Provide spelling and grammar revisions
• Provide updated terminology for individual uses
• Alphabetize listed uses
• Indicate "Community Development (CD) Director" is authorized to make use
determinations in each Zoning District Section and add Community Development
Director to the criteria for use determination (Section 9298b)
• Streamline and reduce redundancy of listed uses
• Provide updated definitions to reflect changes with California State Law
• Update official titles
• Organize use-specific provisions in one location
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.
Planning Commission Report
CA 10-002 Public Hearing
February 23, 2010
Page 3
Planning staff plans to provide additional updates to the Zoning Code as necessary to
accommodate future use determinations and to address other minor amendments as
necessary to the code.
ENVIRONMENTAL ANALYSIS
The proposed code amendment is considered a "project" subject to the California
Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21000
et al. City staff has prepared an Initial Study which was available for public review from
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 the public hearing for 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).
m Thomas, AICP
Senior Planner
~~ ~~ ~ ~~~
Elizabeth A. Binsack
Director of Community Development
Attachments: A. PC Resolution No. 4141
B. Draft Ordinance No. 1367 and Code Amendment 10-002
C. Draft Negative Declaration & Initial Study
D. Existing Zoning Code (Sections to be amended)
E. Use Determinations Matrix
ATTACHMENTA
PC Resolution No. 414
RESOLUTION NO. 4141
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE
TUSTIN CITY COUNCIL ADOPT A NEGATIVE DECLARATION
AND APPROVE CODE AMENDMENT 10-002 (CA 10-002) TO
AMEND ARTICLE 9 CHAPTER 2 OF THE TUSTIN CITY CODE
TO INCORPORATE USE DETERMINATIONS AND MINOR
AMENDMENTS INTO THE ZONING CODE.
The Planning Commission of the City of Tustin hereby finds and determines as follows:
A. That the City has initiated Code Amendment 10-002 to amend Article 9 Chapter
2 in various sections of the Zoning Code to incorporate amendments and use
determinations previously determined by the Community Development Director
or the Planning Commission to be similar to and/or compatible with land uses or
conditionally permitted uses within various City zoning districts;
B. That proposed amendments to the Tustin City Code (TCC) require the approval
of an ordinance approving Code Amendment 10-002;
C. That proposed Code Amendment 10-002 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 recommendation by the Planning Commission;
D. That a Notice of Intent to Adopt a Negative Declaration was filed with the Clerk for
the County of Orange for posting, and provided to members of the public using a
method permitted under CEQA Guidelines Section 15072(b). The Initial Study and
Draft Negative Declaration were available fora 20-day public review and comment
period from February 2, 2010, through February 22, 2010, in compliance with the
State CEQA Guidelines;
E. That the City Council is the final authority for the project and will consider the Draft
Negative Declaration prior to approval of proposed Code Amendment 10-002;
F. That on January 28, 2010, the City gave public notice of the holding of a public
hearing at which the project would be considered by publishing in a newspaper of
general circulation, and by posting a notice at City Hall;
G. That on February 23, 2010, the Planning Commission held a duly noticed public
hearing at which interested persons had an opportunity to testify in support of, or
opposition to, the code amendment and at which time the Planning Commission
considered the Initial Study, Negative Declaration, such oral and written
testimony submitted, the staff report, and Code Amendment 10-002;
H. 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 the proposed amendment will provide specific procedures in
rendering decision on interpretation and determination of unspecified uses within
Resolution No. 4141
CA 10-002
Page 2
the Zoning Code. Code Amendment 10-002 complies with the General Plan,
including the following 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;
The Planning Commission hereby recommends that the City Council adopt Negative
Declaration and Code Amendment 10-002 (Ordinance No. 1367) to amend Article 9
Chapter 2 in various sections of the Zoning Code to incorporate additional amendments
to the Tustin City Code and use determinations previously determined to be similar to
and/or compatible with land uses or conditionally permitted uses within various City
zoning districts as identified in Attachment B respectively attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on
the 23~d day of February, 2010.
Steve Kozak
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4141
CA 10-002
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 4141 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 23~d day of February, 2010.
ELIZABETH A. BINSACK
Planning Commission Secretary
ATTACHMENT B
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 does hereby resolve as follows:
I. The City Council 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 an
ordinance approving 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.
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 2
LU Goal 4: Assure a safe, healthy, and aesthetically pleasing community for
residents and businesses
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 a Notice of Intent to Adopt a Negative Declaration was filed with the Clerk for
the County of Orange for posting, and provided to members of the public using a
method permitted under CEQA Guidelines Section 15072(b). The Initial Study and
Draft Negative Declaration were available fora 20-day public review and comment
period from February 2, 2010, through February 22, 2010, in compliance with the
State CEQA Guidelines;
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) ~nly the following uses,
for uses which1 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 ,caring few-s~tiFen-t-7T-te t~ ~° ~12~n,~Ti~er+-sabJeot +° +h° +.,.,,~-,r,~
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3. Section 9221 b 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 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 only the following uses; jor uses
which, in the opinion of the Community Development Director and/or the Planning
Commission) are similar;Lwill be allowed; subject to the development standards of
this Chapter_
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 3
5. Section 9222a4 is hereby amended as follows:
4. Large family day care homes; (subject 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) eeae-~+~t only the following uses;
for uses which in the opinion of the Community Development Director and/or the
Planning CommissionLare similar;~will be allowed; subject to the development
standards of this Chapter.
7. Section 9223a4 is hereby amended as follows:
Small family day care home subject to the provisions set forth in
Section 9271 as
8. Section 9223a6 is hereby amended as follows:
Large family day care homes; (subject to the provisions set forth in Section
9271aa
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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)
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 5
2. Apartment houses
3. Bungalow courts
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
9271aa)
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 jor 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-1 District, subject to a +~se--permit
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 Community
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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 6
(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: 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
{i-}--repealed:
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2. Day ~ care center (as
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
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13. Section 9226a is hereby amended as follows:
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 7
a Permitted Uses and Development Standards
In the Multifamily Residential District (R-3), ~eee-fit only 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 +~se-~~
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
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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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ( 8
(h) Minimum rear yard setback: 10 feet
(i) Minimum lot area per family unit: 1,750 square feet
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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)
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 9
4. Hotels, motels and boarding houses
(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)
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 10
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
7. Swim Schools
15. Section 9227a is hereby amended as follows:
9227?~nnQii ~unnaG MOBILE HOME PARK DISTRICT (MHP)
a Conditionally Permitted Uses
In the Me~ilefie+~e Mobile Home Park District (MHP), +~e-bit only the following
uses; (or uses whichl in the opinion of the Community Development Director and/or
the Planning Commission1 are similarl vtif4 maybe permitted; subject to the ~g
issuance of a Conditional Use Permit; and s"~~te the development standards of
this Chapter:_
1. Accessory buildings and service structures permanent)
~2. ~e Mobile home park
~3. Travel trailer parks
3-Der~a+~er+t resreatisnal; accessed-a~^,~tr~t~res
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
Ordinance No. 1367
CA 10-002 Use Determinations
Page (11
(b) two (2) or more detached one-family dwellings
(c) two-family dwellings
(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)
Ordinance No. 1367
CA 10-002 Use Determinations
Page (12
5. Collection agencies
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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 13
4. Professional, instructional, motivational and/or seminar schools
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
Q) Confectioneries
(k) Department stores
(I) Drug stores (including sundries and notions)
(m) Dry goods
(n) Florist shops
(o) Food markets
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 14
(p) Furniture sales (new or used/consignment)
(q) Hardware stores
(r) Household goods and furnishings
(s) Jewelry stores (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
Ordinance No. 1367
CA 10-002 Use Determinations
Page (15
Q) Recycling facilities or reverse vending machines (as defined in Section
9297 and subject to the provisions set forth in Section 9271 bb)
(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 9271dd 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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 16
8. Churches and other religious assemblies
9. Clubs and social halls
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 (as defined in Section 3141)
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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 17
(e) Minimum front yard setback: 15 feet unless otherwise indicated on Zoning
Map
(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 9271 ee)
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:
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 18
c 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 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:
Ordinance No. 1367
CA 10-002 Use Determinations
Page (19
a Permitted Uses
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-2 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.
1. 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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 20
(b) Interior decorator
(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.
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 and/or 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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 21
4. Ceramic and plastic fabrication
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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 22
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.
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.
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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 23
10. Schools for professional, instructional, motivational, ,vocational and/or seminar
uses
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„ ~^ ^rrlor +ti-,+ ~ 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#at 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 Wig-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 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
In the Planned Communitv District (P-C), 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. The uses permitted in any P-C District shall be those designated on the approved
development plan_ In the event that such approved usage does
not conform to the General Plan of the City, the ~eaeraf-~4er~ General Plan shaf4
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 24
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.
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 ~ 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; (subiect to the provisions set forth in Section
9271aa
i icoc in +"noo ~ra~o r+ncinno+o r! fnr cinnlo_fnmihi roeirlon+inl Innl+ i ionc~ subject to
,Section 9~3a:6 9271 aa.
6. Reverse vending machines (as defined in Section 9297 and subject to standards
contained in +"o ~-, nic+rin+ roni i~~+inne Section °~~.~9271 bb)
e Procedures
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
se~+tie~a~ ~se-~R Conditional Use Permit if1 ~~ included within the
plans 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 g
use would be more compatible with surrounding uses in the area that
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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 25
(d) In the event that bulk vending machines and/or a large collection
facility ' are part of an approved development
plan, said uses shall be subject to all standards contained in ##~e-C-1-
B+~~t~ist-reg~-I~tier~~ Section 9~f3 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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 26
12. Schools (public) and school administration offices
35. Section 9270c is hereby repealed and replaced as follows:
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~ermitted 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 "-f~' ~ residential districts shall not be located closer
than five (5) feet to any side or rear lot line, nor '
,„
aFesi;+ed~the~i~s~fr+s~ reg~latir~ne. within those areas described by Section
9271 i(1)(b) or 9271 i(1)(c).
39. Section 9271 as is hereby added as follows:
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 27
as Child Care Facilities
1. Family Day Care Home
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 fora 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 last 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 Pool, Spa and Hot Tub Code, as adopted.
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 28
(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.
(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
Ordinance No. 1367
CA 10-002 Use Determinations
Page~29
(d) Occupies no more than 50 square feet of floor space per installation,
including any protective enclosure
(e) Maximum height: 8 feet
(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
(j) 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
Ordinance No. 1367
CA 10-002 Use Determinations
Page (30
and shall be of a capacity sufficient to accommodate materials collected and
collection schedule;
(i) All recyclable material shall be stored internally
(j) 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 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
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 31
(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
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 sales establishment, except for restaurant establishments, (whether
Ordinance No. 1367
CA 10-002 Use Determinations
Page (32
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 shall be
exempt from minimum distance regulations
(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 sales establishments, 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:
Ordinance No. 1367
CA 10-002 Use Determinations
Page (33
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.
(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:
Ordinance No. 1367
CA 10-002 Use Determinations
Page (34
"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:
"Dav Care Center" -pursuant to California Health and Safety Code defined as
anv 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 aa.
+~.,o~T
"Massage-~a~4e~Establishment" shall mean any establishment required to be
licensed pursuant to Section 3-7=1-1- 3626 of the Tustin City Code.
~~ ~~
"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: Ass^~ ~-architect, attorney, chiropractor,
dentist, designer, doctor, draftsman, engineer, land planner, ophthalmolo isq t or
optometrist, sd+st~odiatrist, ,surveyor, ,~
physician, ar~d 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 Safety
Code definition and the applicable development standards in TCC Section 9271 aa.
46. Section 9299b(3)(L) is hereby added as follows:
L. Dance studios
Ordinance No. 1367
CA 10-002 Use Determinations
Page ~ 35
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 repealed and replaced in its entirety as follows:
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.
The City Council hereby takes the following actions:
1. Adopt a Negative Declaration for Code Amendment 10-002
2. Adopt Ordinance No. 1367 for Code Amendment 10-002, as contained
within Exhibit _, attached hereto.
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 )
CERTIFICATION FOR ORDINANCE NO. 1367
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 _`h day of _, 2010
Ordinance No. 1367
CA 10-002 Use Determinations
Page (36
and was given its second reading, passed, and adopted at a regular meeting of the City Council
held on the _th day of , 2010 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED;
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
S:\Cdd\ORDINANC\2010\1367 (CA 10-002 Use Determination).docx
ATTACHMENT C
Draft Negative Declaration & Initial Study
COMMUNITY DEVELOPMENT DEPARTMENT
NEGATIVE DECLARATION
Project Title: CODE AMENDMENT 10-002
Project Location: Citywide
300 Centennial Way, Tustin, CA 92780
(714) 573-3100
Project Description: Code Amendment 10-002 to amend Article 9 Chapter 2 in various sections of the Zoning
Code to incorporate amendments and use determinations previously determined by the Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning districts.
CA 10-002 also includes grammatical and spelling changes, updates terminology, alphabetizes lists, and
incorporates legal updates to the Zoning Code.
Project Proponent: The City of Tustin
Lead Agency Contact Person: Amy Thomas, AICP, Senior Planner
Telephone: (714) 573-3126
The Community Development Department has conducted an Initial Study for the above project in accordance
with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act,
and on the basis of that study hereby finds:
® That there is no substantial evidence that the project may have a significant effect on the environment.
^ That potential significant effects were identified, but revisions have been included in the project plans
and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no
significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial
Study which is attached hereto and incorporated herein.
Therefore, the preparation of an Environmental Impact Report is not required.
The Initial Study which provides the basis for this determination is attached and is on file at the Community
Development Department, City of Tustin. The public is invited to comment on the appropriateness of this
Negative Declaration during the review period, which begins with the public notice of Negative Declaration and
extends for twenty (20) calendar days. Upon review by the Community Development Director, this review
period maybe extended if deemed necessary.
REVIEW PERIOD ENDS 4:00 P.M. ON February 22, 2010
Date Z'~~I~
Elizabeth A. Binsack
Community Development Director
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 573-3100
INITIAL STUDY
A. BACKGROUND
Project Title:
Lead Agency:
Lead Agency Contact Person
Project Location:
Code Amendment 10-002
City of Tustin
300 Centennial Way
Tustin, California 92780
Amy Thomas, AICP, Senior Planner
Phone: (714) 573-3126
Citywide
Project Sponsor's Name and Address: City of Tustin
General Plan Land Use Designation: Citywide
Zoning Designation: Citywide
Project Description: Code Amendment 10-002 (CA 10-002) to amend
Article 9 Chapter 2 in various sections of the Zoning
Code to incorporate additional amendments to the
Tustin City Code and use determinations previously
determined by the Planning Commission as similar to
and/or compatible with land uses or conditionally
permitted uses within various City zoning districts;
Surrounding Uses:
N/A
Other public agencies whose approval is required:
^ Orange County Fire Authority
^ Orange County Health Care Agency
^ South Coast Air Quality Management
District
^ Other
Attachments:
^ City of Irvine
^ City of Santa Ana
^ Orange County EMA
EXHIBIT 1: Tustin Planning Area
Code Amendment 10-002 (CA 10-002)
B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
City of Tustin
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist in Section D below.
^ Aesthetics
^ Air Quality
^ Cultural Resources
^ Hazards & Hazardous Materials
^ Land Use/Planning
^ Noise
^ Public Services
^ Transportation/Traffic
^ Mandatory Findings of Significance
^ Agriculture Resources
^ Biological Resources
^ Geology/Soils
^ Hydrology/Water Quality
^ Mineral Resources
^ Population/Housing
^ Recreation
^ Utilities/Service Systems
C. DETERMINATION:
On the basis of this initial evaluation:
® I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
^ I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION
will be prepared.
^ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
^ I end that although the proposed project MAY have a "potentially significant impact" or
"potentially significant unless mitigated impact" on the environment, but at least one effect 1)
has been adequately analyzed in an earlier document pursuant to applicable legal standards,
and 2) has been addressed by mitigation measures based on the earlier analysis as described
in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
^ I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided
or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project, and no further
documentation is required.
Date ~ •-2 ~/O
Elizabeth A. Binsack, Community Development Director
Preparers Amy Thomas, AICP, Senior Planner
Code Amendment 10-002 (CA 10-002) City of Tustin
D. EVALUATION OF ENVIRONMENTAL IMPACTS
Directions
1) A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each
question. A "No Impact" answer is adequately supported if the referenced information sources
show that the impact simply does not apply to projects like the one involved (e.g., the project
falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based
on project-specific factors and general standards (e.g., the project will not expose sensitive
receptors to pollutants, based on aproject-specific screening analysis).
2) All answers must take into account the whole action involved, including off-site, on-site,
cumulative project level, indirect, direct, construction, and operational .impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are one or
more "Potentially Significant Impact" entries when the determination is made and EIR is
required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section XVI I, "Earlier Analyses," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to applicable
legal standards, and state whether such effects were addressed by mitigation measures
based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures which were incorporated or refined from
the earlier document and the extent to which they address site-specific conditions for the
project.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
Code Amendment 10-002 (CA 10-002)
City of Tustin
previously prepared or outside document should, where appropriate, include a reference to the
page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however,
lead agencies normally address the questions from this checklist that are relevant to a project's
environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and,
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
4
Code Amendment 10-002 (CA 10-002) City of Tustin
E. INITIAL STUDY
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
AESTHETICS. Would the project:
a) Have a substantial adverse effect on a ~ ~ ~
scenic vista?
b) Substantially damage scenic ~ ~ ~
resources, including, but not limited to,
trees, rocks outcroppings, and historic
buildings within a state scenic
highway?
c) Substantially degrade the existing ~ ~ ~
visual character or quality of the site
and its surroundings?
d) Create a new source of substantial ~ ~ ~
light or glare which would adversely
affect day or nighttime views in the
area?
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a) No Impact. The City of Tustin General Plan encourages protection of scenic views and resources
through site planning and architectural design; and through implementation of the Grading and
Excavation Code and Manual. The ordinance is intended to update the Zoning Code with uses that
have been determined to be similar to those in the zoning district and to update the Code with minor
modifications including grammatical corrections, terminology and definition updates. The ordinance is
not anticipated to affect any scenic resources in that there are no physical changes proposed.
Therefore, this project will not have a substantial adverse effect on a scenic vista.
b) No Impact. The General Plan Circulation Element does not identify any State scenic highways
within the City. There are no impacts related to the Ordinance in that the uses were determined to be
similar to those uses listed as permitted or conditionally permitted within the specified zones.
Therefore, no impacts are anticipated from the implementation of the proposed project.
Code Amendment 10-002 (CA 10-002)
City of Tustin
c) No Impact. The code amendment does not exempt individual projects from review. Impacts
related to any future project may be identified and evaluated in conjunction with the applicable
discretionary process and may be subject to separate CEQA review. Therefore, no impacts are
forecast from the implementation of the proposed project.
d) No Impact. The code amendment will not create a source of light and glare. Individual projects
may be subject to providing a photometric plan and additional review may be required on a case-by-
case basis for lighting of parking lots and loading areas. However, there is no impact associated with
this project.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Less Than
Potentially Significant Less Than No
Issues: Significant With Significant Impact
Impact Mitigation Impact
Incorporated
II. AGRICULTURE RESOURCES. In
determining whether impacts to
agricultural resources are significant
environmental effects, lead agencies
may refer to the California Agricultural
Land Evaluation and Site Assessment
Model (1997) prepared by the
California Dept. of Conservation as an
optional model to use in assessing
impacts on agriculture and farmland.
Would the project:
a) Convert Prime Farmland, ~ ~ ~
Unique Farmland, or Farmland
of Statewide Importance
(Farmland), as shown on the
maps prepared pursuant to the
Farmland Mapping and
Monitoring Program of the
California Resources Agency, to
non-agricultural use?
b) Conflict with existing zoning for ~ ~ ~
agricultural use, or a Williamson
Act contract?
6
Code Amendment 10-002 (CA 10-002) City of Tustin
c) Involve other changes in the ~ ~ ~
existing environment which, due
to their location or nature, could
result in conversion of
Farmland, to non-agricultural
use?
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a) No Impact. The code amendment will not result in the conversion of farmland to a non-
agricultural use. The code amendment will incorporate uses determined to be similar to existing
allowable uses within each zone subject to discretionary review and potential conditions of approval.
Furthermore, since there are no improvements proposed in conjunction with this project, it will not
result in any impacts to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland).
b) No Impact. The code amendment will not result in conversion of farmland to anon-agricultural
use. There are no areas subject to a Williamson Act contract, and conservation of farmland in the
Tustin Planning Area. Impacts related to any future project would be identified and evaluated in
conjunction with each specific project. Therefore, no impacts are forecast to occur as a result of
implementation of the code amendment.
c) No Impact. As described in Response Il.b above, the proposed project will not directly impact or
result in the conversion of existing farmland uses to non-agricultural uses. Therefore, no impacts are
forecast to occur as a result of implementation of the code amendment.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. A Guide to The Farmland Mapping and Monitoring Program, 2004 Edition
http://www.conservation.ca.gov/dlrp/fmmp/Documents/fmmp guide 2004.pdf
7
Code Amendment 10-002 (CA 10-002) City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
III. AIR QUALITY. Where available, the
significance criteria established by the
applicable air quality management or
air pollution control district may be
relied upon to make the following
determinations. Would the project:
a) Conflict with or obstruct ~ ~ ~
implementation of the applicable
air quality plan?
b) Violate any air quality standard ~ ~ ~
or contribute substantially to an
existing or projected air quality
violation?
c) Result in a cumulatively ~ ~ ~
considerable net increase of
any criteria pollutant for which
the project region is non-
attainment under an applicable
federal or state ambient air
quality standard (including
releasing emissions which
exceed quantitative thresholds
for ozone precursors)?
d) Expose sensitive receptors to ~ ~ ~
substantial pollutant
concentrations?
e) Create objectionable odors ~ ~ ~
affecting a substantial number
of people?
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
8
Code Amendment 10-002 (CA 10-002) City of Tustin
_ _
a) No Impacts. The proposed project would not conflict with or obstruct implementation of the
applicable air quality plan, as prepared by the South Coast Air Quality Management District
(SCAQMD) in the Air Quality Management Plan (AQMP) for the South Coast Air Basin. No physical
improvements are proposed in conjunction with the code amendment. Impacts related to any future
project would be identified and evaluated in conjunction with the discretionary review process and/or
applicable specific plan or other review document and may be subject to separate CEQA review.
Therefore, no impacts are forecast to occur as a result of implementation of the code amendment.
b-e) No Impacts. Grading and development activities are not associated with the proposed code
amendment. Impacts related to any future project would be identified and evaluated in conjunction
with the discretionary review process and/or applicable specific plan or other review document and
may be subject to separate CEQA review. Furthermore, projects are subject to the City's standard
conditions of approval to minimize local nuisance from grading and construction activities. This
condition is in conformance with the SCAQMD requirements and therefore, no impacts are
anticipated to occur.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
IV. BIOLOGICAL RESOURCES. Would
the project:
a) Have a substantial adverse
effect, either directly or through
habitat modifications, on any
species identified as a
candidate, sensitive, or special
status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game
or U.S. Fish and Wildlife
Service?
Potentially Less Than Less Than
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
^ ^ ^
No
Impact
9
Code Amendment 10-002 (CA 10-002)
Issues:
b) Have a substantial adverse
effect on any riparian habitat or
other sensitive natural
community identified in local or
regional plans, policies,
regulations or by the California
Department of Fish and Game
or U.S. Fish and Wildlife
Service?
c) Have a substantial adverse
effect on federally protected
wetlands as defined by Section
404 of the Clean Water Act
(including, but not limited to,
marsh, vernal pool, coastal,
etc.) through direct removal,
filling, hydrological interruption,
or other means?
d) Interfere substantially with the
movement of any native
resident or migratory fish or
wildlife species or with
established native resident or
migratory wildlife corridors, or
impede the use of native wildlife
nursery sites?
e) Conflict with any local policies
or ordinances protecting
biological resources, such as a
tree preservation policy or
ordinance?
t) Conflict with the provisions of an
adopted Habitat Conservation
Plan, Natural Community
Conservation Plan, or other
approved local, regional, or
state habitat conservation plan?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
to
Code Amendment 10-002 (CA 10-002) City of Tustin
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a, b) No Impact. The California Fish and Game Code was adopted by the State legislature to
protect the fish and wildlife resources of the State. Special permits are required for any lake or stream
alterations, dredging or other activities that may affect fish and game habitat. No physical
improvements are currently proposed in conjunction with the amendment to the zoning code.
Impacts related to any future project would be identified and evaluated in conjunction with the
California Fish and Game Code and may be subject to separate CEQA review. Therefore, no impacts
will result with implementation of the code amendment.
c) No Impact. In accordance with the City's existing permit (Order No. R8-2002-0010 and NPDES
No. CAS618030) with the Santa Ana Regional Quality Control Board, any future applicant may be
required to prepare a Storm Water Pollution Prevention Plan (SWPPP) to ensure grading and
reclamation activities do not allow runoff from the site to carry sediment during a storm event to impair
the water quality. The code amendment will incorporate uses that have been determined by the
Community Development Director and/or Planning Commission to be similar in use. Any future
project that is considered a priority project will be required to prepare a Water Quality Management
Plan (WQMP) as part of the discretionary review process to ensure runoff from the site, due to
ongoing operations, does not impair water quality downstream. Therefore, no impact is anticipated
as part of the code amendment that could cause a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act.
d) No Impact. As discussed in response IV.a, b, the code amendment does not propose any
physical changes. The code amendment incorporates uses previously determined by the Community
Development Director and/or Planning Commission to be similar in use. Impacts related to any future
project could be identified and evaluated as part of the discretionary review process in conjunction
with the California Fish and Game Code and may be subject to separate CEQA review and conditions
of approval limiting grading activities. Therefore, no impacts are anticipated from the implementation
of the code amendment.
e) No Impact. The City's General Plan Conservation/Open Space/Recreation Element mandates
continued maintenance of significant tree stands. New developments may require a biological
assessment as required in the review process. The code amendment will incorporate uses previously
determined by the Community Development Director and/or Planning Commission to be similar in
use. Future development applications may be subject to further discretionary review for consistency
with any local policies or ordinances protecting biological resources. Therefore, there is no impact.
fl No Impact. The City of Tustin is a participating member of the Natural Community Conservation
Plan (NCCP) and is within the Coastal Sub/Central Orange County NCCP region. No physical
improvements are currently proposed in conjunction with the amendment to the zoning code.
Impacts related to any future project would be identified and evaluated in conjunction with the
Code Amendment 10-002 (CA 10-002)
City of Tustin
applicable NCCP/HCP plan or any other conservation plan and may be subject to separate CEQA
review. Therefore, the code amendment has no impact.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. Department of Fish and Game, NCCP http://www.dfq.ca.gov/habcon/nccp/index.html
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
V. CULTURAL RESOURCES. Would
the project:
a) Cause a substantial adverse ~ ~ ~
change in the significance of a
historical resource as defined in
§ 15064.5?
b) Cause a substantial adverse ~ ~ ~
change in the significance of an
archaeological resource
pursuant to § 15064.5?
c) Directly or indirectly destroy a ~ ~ ~
unique paleontological resource
or site or unique geologic
feature?
d) Disturb any human remains, ~ ~ ~
including those interred outside
of formal cemeteries?
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
12
Code Amendment 10-002 (CA 10-002) City of Tustin
a) No Impact. The City of Tustin General Plan sets out conservation goals to maintain and enhance
the City's unique culturally and historically significant building sites or features. Specifically, Policy
12.1 Identify, designate, and protect facilities of historical significance, and Policy 12.3 Development
adjacent to a place, structure or object found to be of historic significance should be designed so that
the uses permitted and the architectural design will protect the visual setting of the historical site.
Since the zoning code amendment will not change or alter the physical environment and each
individual project will be subject to the City's Goals and Policies of the General Plan, the project is not
anticipated to create a substantial adverse change to historical resources and no impacts are forecast
from the implementation of the proposed project.
b, c) No Impact. According to the City of Tustin General Plan Conservation/Open Space/Recreation
Element (Goal 13), and the Standard Conditions of Approval, individual projects will be subject to site
inspection by certified archaeologists or paleontologists for new development in designated sensitive
areas. These conditions will be required on a case-by-case basis for individual projects subject to
discretionary review; however this code amendment proposes no physical changes. Therefore, no
impacts related to archaeological resources would result from the proposed project.
d) No Impact. No physical improvements are currently proposed in conjunction with the code
amendment. As such, the project will not adversely affect, destroy or disturb human remains. Impacts
related to any future project would be identified and evaluated through the discretionary review
process in conjunction with a specific project and standard conditions of approval applied; however,
no foreseeable impacts related to cultural resources are anticipated.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
Potentially Less Than
Significant Significant
Impact With
Mitigation
Incorporated
Less Than No
Significant Impact
Impact
VI GEOLOGY AND SOILS. Would the
project:
a. Expose people or structures to
potential substantial adverse
effects, including the risk of
loss, injury or death involving:
13
Code Amendment 10-002 (CA 10-002)
Issues:
i. Rupture of a known
earthquake fault, as
delineated on the most
recent Alquist-Priolo
Earthquake Fault Zoning
Map issued by the State
Geologist for the area or
based on other
substantial evidence of a
known fault? Refer to
Division of Mines and
Geology Special
Publication 42.
ii. Strong seismic ground
shaking?
iii. Seismic-related ground
failure, including
liquefaction?
iv. Landslides?
b. Result in substantial soil erosion
or the loss of topsoil?
c. Be located on a geologic unit or
soil that is unstable, or that
would become unstable as a
result of the project, and
potentially result in on- or off-
site landslide, lateral spreading,
subsidence, liquefaction or
collapse?
d. Be located on expansive soil, as
defined in Table 18 1 B of the
Uniform Building Code (1994),
creating substantial risks to life
or property?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
14
Code Amendment 10-002 (CA 10-002)
Issues: Potentially Less Than
Significant Significant
Impact With
Mitigation
Incorporated
e. Have soils incapable of ~ ~
adequately supporting the use
of septic tanks or alternative
waste water disposal systems
where sewers are not available
for the disposal of waste water?
City of Tustin
Less Than No
Significant Impact
Impact
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a (i) No Impact. According to the City of Tustin General Plan, Public Safety Element (January 2001),
the Tustin Planning Area (Planning Area) lies within a seismically active region. However, there are
no known active or suspected potentially active faults identified within the Planning Area. The EI
Modena fault passes through the Planning Area's northern section; however, studies have not been
conclusive about the active/inactive status of this fault. The code amendment proposes no physical
changes and individual proposals would be subject to individual review. Therefore, no impacts
associated with rupture of a known earthquake fault are anticipated with the implementation of the
code amendment.
a (ii) No Impact. There is no evidence of any active or potentially active faults within the Tustin
Planning Area (Planning Area) and it is not located within an Alquist-Priolo Earthquake Fault Zone.
However, the Planning Area is located in the seismically active region of southern California. Slight to
intense ground shaking is possible at within the Planning Area if an earthquake occurs on a segment
of the active faults in the region. Under current seismic design standards and California Building
Code (CBC) provisions, new buildings would incur only minor damage in small to moderate
earthquakes, and potential structural damage during a large earthquake, although new buildings are
expected to remain standing during such events (City of Tustin General Plan, Safety Element). With
application of the provisions of Chapter 16A Division IV of the 1998 California Building Code and the
Structural Engineers Association of California, (SEAOC) guidelines, adequate structural protection in
the event of an earthquake would be provided, thus reducing impacts from strong seismic ground
shaking to a less than significant level. Since there is no development associated with the zoning
code amendment and individual projects would be subject to the California Building Code and the
SEAOC guidelines, no impacts will occur as part of this project.
a (iii-iv) No Impact. There is no development associated with the zoning code amendment and
individual projects would be subject to the California Building Code and the SEAOC guidelines.
Furthermore, a standard condition of approval requiring a soils report will be required prior to
15
Code Amendment 10-002 (CA 10-002)
City of Tustin
issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this
code amendment.
b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program,
which is designed to reduce pollutants in storm water runoff. Accordingly, during construction of any
future project, the applicant will be required to develop and submit a SWPPP to the Santa Ana
RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would
contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or
reduce erosion and polluted runoff. General BMPs applicable to construction include erosion
controls, sediment controls, tracking controls, wind erosion control, non-storm water management,
and materials and water management. A standard condition of approval requiring BMP's as part of
individual development plans may be required as part of the discretionary review process prior to
issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this
project.
c-d) No Impact. As indicated in Vl.a (ii) above, there is no development associated with the zoning
code amendment. Individual projects would be subject to the California Building Code and the
SEAOC guidelines. A soils report prepared by a certified soils engineer may be required as part of
any project on a case-by-case basis. Since there is no development associated with the zoning code
amendment, no impacts will occur as part of this project.
e) No Impact. The code amendment does not involve the use of septic tanks or alternative
wastewater disposal systems. On a case-by-case basis as part of the discretionary review process,
any future proposed project may be subject to submit asite-specific geotechnical investigation for the
site and preparation of a geologic and soils report prepared by a certified soils engineer. Therefore,
no impacts will occur from the implementation of the proposed project.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. OC Watersheds http://www.ocwatersheds.com/dampreport/default aspx~ID=1000358
16
Code Amendment 10-002 (CA 10-002) City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
VII HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a) Create a significant hazard to ~ ~ ~
the public or the environment
through the routine transport,
use, or disposal of hazardous
materials?
b) Create a significant hazard to ~ ~ ~
the public or the environment
through reasonably foreseeable
upset and accident conditions
involving the release of
hazardous materials into the
environment?
c) Emit hazardous emissions or ~ ~ ~
handle hazardous or acutely
hazardous materials,
substances, or waste within
one-quarter mile of an existing
or proposed school?
d) Be located on a site which is ~ ~ ~
included on a list of hazardous
materials sites compiled
pursuant to Government Code
section 65962.5 and, as a
result, would it create a
significant hazard to the public
or the environment?
e) For a project located within an ~ ~ ~
airport land use plan or, where
such a plan has not been
adopted, within two miles of a
public airport or public use
airport, would the project result
in a safety hazard for people
residing or working in the
project area?
1~
Code Amendment 10-002 (CA 10-002)
Issues:
f) For a project within the vicinity
of a private airstrip, would the
project result in a safety hazard
for people residing or working in
the project area?
g) Impair implementation of or
physically interfere with an
adopted emergency response
plan or emergency evacuation
plan?
h) Expose people or structures to
a significant risk of loss, injury
or death involving wildland fires,
including where wildlands are
adjacent to urbanized areas or
where residences are
intermixed with wildlands?
City of Tustin
Potentially Less Than Less Than
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
^ ^ ^
No
Impact
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a - c) No Impact. The project involves the implementation of a new zoning code amendment to
make minor modifications to Chapter 2 and incorporate use determinations previously determined by
the Community Development Director and/or Planning Commission as similar. There are no
hazardous materials proposed as part of this project. Each individual development project will be
subject to review on a case-by-case basis for hazardous materials. Therefore, no impacts related to
this issue will result from the proposed project, and no mitigation measures are required.
d) No Impact. This project does not involve a specific hazardous materials site. Any new project will
be subject to review with the list compiled pursuant to Government Code Section 65962.5. A
standard condition of approval may require asite-specific geotechnical investigation for the entire site
and preparation of a geologic and soils report will be required as part of the project. Therefore, no
impacts related to this issue will result from the proposed project.
18
Code Amendment 10-002 (CA 10-002) City of Tustin
e - f) No Impact. According to the City's General Plan Circulation Element, air travel is available
from John Wayne Airport in Orange County, approximately five miles to the south by surface
roadway. However, the Tustin Planning Area does not lie within any of John Way's safety zones. The
former MCAS Tustin helicopter station was located in the southern portion of the City. A Specific Plan
for reuse of the base has resulted in the elimination of aviation uses, with the exception of heliports
individually permitted or blimp operations as an interim use. New development will be subject to
review with the Airport Land Use Commission if necessary. Any conditions of approval will be
incorporated into each individual project where necessary. Therefore, no safety hazards are
anticipated related to this issue.
g-h) No Impact. The zoning code amendment will incorporate uses that are determined to be
similar to permitted or conditionally permitted uses of the zoning code. It would not involve any uses
that would interfere with the City's Emergency Operations Plan or with major emergency evacuation
routes out of the area; nor is it anticipated to expose people or structures to a significant risk of loss,
injury or death wildland fires, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands. Therefore, there are no impacts associated with this issue.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
VIII
HYDROLOGY AND WATER
QUALITY. Would the project:
a) During project construction,
substantially impair the water
quality of receiving waters? In
considering water quality,
factors such as water
temperature, dissolved oxygen
levels, and turbidity should be
considered.
Potentially Less Than Less Than
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
~ ^ ^
No
Impact
19
Code Amendment 10-002 (CA 10-002)
Issues:
b) Following project construction,
substantially impair the water
quality of receiving waters? In
considering water quality,
factors such as water
temperature, dissolved oxygen
levels, and turbidity should be
considered.
c) Substantially alter the existing
drainage pattern of the site or
area, including through the
alteration of the course of a
stream or river, in a manner that
would result in flooding- or off-
site?
d) Substantially increase the rate
or amount of surface runoff in a
manner that would result in
flooding on- or off-site?
e) Substantially alter the existing
drainage pattern of the site or
area, including through the
alteration of the course of a
stream or river, in a manner that
would result in substantial
erosion or siltation on- or off-
site?
f) Otherwise result in substantial
increased erosion or siltation
on- or off-site?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
a ^ o
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
20
Code Amendment 10-002 (CA 10-002)
Issues:
g) Change runoff flow rates or
volumes in a manner that
substantially alters the existing
drainage pattern of the site or
area, including through the
alteration of the course of a
stream or river, and results in a
significant adverse
environmental impact?
n) Create or contribute runoff
water that would exceed the
capacity of existing or planned
stormwater drainage systems?
i) increase impervious surfaces
and runoff in a manner that
substantially impairs water
quality or causes other
significant adverse
environmental impacts?
j) Provide substantial additional
sources of polluted runoff or
increase the discharges of
pollutants such as heavy
metals, pathogens, petroleum
derivatives, synthetic organics,
sediment, nutrients, oxygen-
demanding substances, and
trash?
k) For projects that are tributary to
water bodies that are listed as
impaired on the Clean Water
Act section 303(d) list, result in
an increase of any pollutant for
which the water body is listed as
impaired?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
21
Code Amendment 10-002 (CA 10-002)
Issues:
i) Substantially degrade or impair
an environmentally sensitive
area?
m) Substantially degrade or impair
surface water quality of marine,
fresh, or wetland waters?
n) Substantially degrade or impair
groundwater quality?
o) Substantially degrade aquatic,
wetland, or riparian habitat?
p) Otherwise substantially degrade
water quality?
q) Cause or contribute to an
exceedance of applicable
surface water or groundwater
receiving water quality
objectives or degradation of
beneficial uses?
r) Violate any other water quality
standards or waste discharge
requirements?
s) Substantially deplete
groundwater supplies or
interfere substantially with
groundwater recharge such that
there would be a net deficit in
aquifer volume or a lowering of
the local groundwater table
(e.g., the production rate of pre-
existing nearby wells would
drop to a level which would not
support existing land uses or
planned uses for which permits
have been granted)?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
22
Code Amendment 10-002 (CA 10-002) City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
t) Place housing within a 100-year ~ ~ ~
flood hazard area as mapped
on a federal Flood Hazard
Boundary or Flood Insurance
Rate Map or other flood
delineation map?
u) Place within a 100-year flood ~ ~ ~
hazard area structures that
would impede or redirect flows?
v) Expose people or structures to ~ ~ ~
a significant risk of loss, injury
or death involving flooding,
including flooding as a result of
the failure of a levee or dam?
w) Expose people or structures to ~ ~ ~
a significant risk of inundation
by seiche, tsunami, or mudflow?
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a - b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program,
which is designed to reduce pollutants in storm water runoff. The code amendment does not include
construction of new facilities. Accordingly, during construction of any future development project, the
applicant may be required to develop and submit a SWPPP to the Santa Ana RWQMP for
compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as
identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion
and polluted runoff. General BMPs applicable to construction include erosion controls, sediment
controls, tracking controls, wind erosion control, non-storm water management, and materials and
water management.
By preparing a SWPPP for NPDES compliance in addition to the standard conditions of approval for
water quality, any future project could potentially meet all applicable regulations to manage runoff
from the project site. Pollutants in storm water would be substantially reduced by source control and
treatment BMPs. Since there is no development proposed as part of this project, there would be no
23
Code Amendment 10-002 (CA 10-002)
impacts.
City of Tustin
c) No Impact. Construction of any future project may temporarily alter existing drainage patterns, as
there would be areas of exposed soil during grading and excavation activities. If a storm event were
to occur during these activities, exposed sediments may be carried off-site and into the local storm
drain system increasing siltation. However, as discussed in Response No. Vlll.a-b, any future project
would be required, as part of the standard conditions of approval of the discretionary review process,
to implement construction BMPs in compliance with the NPDES permit and Orange County Drainage
Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. Therefore, there are no
impacts associated with this project.
d -e) No Impact. The code amendment provides minor update modifications to Chapter 2 and
incorporates uses determined to be similar to those permitted and conditionally permitted uses into
the zoning code. Any future project would be subject to individual review and may be subject to
CEQA review. To ensure off-site drainage does not result in flooding on or off-site, any future
applicant may be required, as part of the standard conditions of approval, to provide on-site
hydrology and hydraulic calculations for the proposed development and hydraulic calculations for
proposed connections to the existing storm drain system. This will ensure drainage improvements of
any future project site will have a less than significant effect on the environment. However, this will
be assessed as part of the discretionary review process; there are no impacts associated with the
implementation of the code amendment.
f) No Impact. Compliance with the NPDES permit (refer to Response Vlll.a-b) and BMPs
(discussed in Responses Vlll.a-b, Vlll.c, and Vlll.d above) would reduce potential water quality
impacts to less than significant levels. There are no impacts associated with the implementation of
the code amendment.
g - h) No Impact. The code amendment will provided minor update modifications to Chapter 2 and
incorporate uses determined to be similar to those permitted and conditionally permitted uses into the
zoning code. Future projects are not anticipated to generate or increase runoff typically associated
with parking areas but would be reviewed on a case-by-case basis as part of the discretionary review
process. Furthermore, adherence to an approved Water Quality Management Plan will help to
minimize polluted runoff into the storm drain. Since there is no development associated with the
zoning code amendment, individual projects may be subject to providing a WQMP. Therefore, no
impacts will occur as part of this project.
i j) No Impact. As described in response Vlllg-h, runoff typically increases with parking, however,
there is no development associated with this zoning code amendment in that uses determined by the
Community Development Director and/or Planning Commission to be similar to permitted and
conditionally permitted uses will be incorporated into the Zoning Code. Individual projects may be
subject to providing a WQMP on a case-by-case basis. Therefore, there are no impacts associated
with the proposed project.
k) No Impact. The code amendment will incorporate uses determined to be similar to those
permitted or conditionally permitted within the Zoning Code. Any future project may generate and
increase runoff and types of pollutants (i.e.: some trash and oil/grease from vehicles). As discussed
in Response No. VIII a-b and c), construction and operation of any new project will be subject to
comply with the requirements of the Orange County NPDES program, which is designed to reduce
pollutants in storm water runoff. Accordingly, any new applicant will be required to implement BMPs
24
Code Amendment 10-002 (CA 10-002) City of Tustin
as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion
and polluted runoff during and after construction of the proposed project. Adherence to an approved
Water Quality Management Plan will help to minimize polluted runoff into the storm drain. There is no
development associated with this project and individual projects would be subject to providing a
WQMP on a case-by-case basis. Therefore, no impacts will occur.
I) No Impact. There is no construction proposed as part of the code amendment. There are no
Environmentally Sensitive Areas (ESA's) or Areas of Special Biological Significance (ASBS) identified
on the San Diego Creek Watershed map. Therefore, there are no impacts associated with this issue.
m) No Impact. There is no construction proposed as part of the code amendment. However, if a new
development or redevelopment project involves the addition of 2,500 square feet or more of
impervious surface and is located within, directly adjacent to (within 200 feet), or discharging directly
to receiving waters within environmentally sensitive areas, then it qualifies as a priority project and is
subject to additional requirements. Furthermore, individual projects may be subject to providing a
WQMP on a case-by-case basis. However, there is no development associated with this project;
therefore no impacts will occur.
n) No Impact. The code amendment will make minor modifications to the Zoning Code and
incorporate uses determined to be similar to permitted and conditionally permitted uses. There is no
development associated with this project and future projects would be subject to individual review on
a case-by-case basis, no impacts will occur as part of the code amendment.
o) No Impact. As discussed in response VIII I, there are no Environmentally Sensitive Areas (ESA's)
or Areas of Special Biological Significance (ASBS) identified on the Sand Diego Creek Watershed
map. Therefore, there are no impacts associated with the code amendment.
p - q) No Impact. As discussed in Response No. VIII a, b, c, any future construction of individual
projects will be subject to comply with the requirements of the Orange County NPDES program,
which is designed to reduce pollutants in storm water runoff. Accordingly, any individual applicant will
be required to implement BMPs as identified in the Orange County Drainage Area Master Plan
(DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the
proposed project. No impact is associated with the code amendment.
r) No Impact. As discussed in Response No. VIII a- c, any future proposed construction and
operation of an individual project may be subject to comply with the requirements of the Orange
County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly,
individual applicants will be required to implement BMPs as identified in the Orange County Drainage
Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after
construction of the proposed project. No impact areas are anticipated as part of this code
amendment.
s) No Impact. As discussed in Response No. VIII n, since there is no development associated with
this project and future projects would be subject to individual review on a case-by-case basis. No
impacts will occur as part of the code amendment.
t - u) No Impact. Any individual projects will be subject to review according to the Flood Insurance
Rate Map. The map would indicate whether a project was subject to a flood zone. However, no
25
Code Amendment 10-002 (CA 10-002) City of Tustin
development is proposed as part of this project. Therefore, there are no impacts associated with the
code amendment.
v) No Impact. In the unlikely event of flooding as a result of the failure of a levee or dam, the City has
implemented an Emergency Preparedness Plan that addresses several hazard areas including
flooding. This Emergency Preparedness Plan has been reviewed by State and Federal agencies
which have their own roles in the event of an emergency. Any future development project would be
subject to review on a case-by-case basis as to whether or not it is within a flood zone (as addressed
in VIII t-u) and potentially subject to significant risk of loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam. However, there are no impacts associated with
the code amendment.
w) No Impact. Any future development projects would be subject to review to determine whether
the project is within an area that has been identified as susceptible to liquefaction or potential bedrock
landslides. These areas are identified on Figure COSR-1 of the City's General Plan. When
development is proposed within these areas, studies shall be performed as directed by the City to
determine the potential for hazards and the amount of development which is supportable on the site.
As described in VIII v, in the unlikely event of inundation by seiche, tsunami, or mudflow an individual
project would be part of the City's Emergency Preparedness Plan. Therefore, no impacts associated
with the code amendment.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. OC Watersheds http://www.ocwatersheds com/dampreport/default aspx~ID=1000358
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
tX. LAND USE AND PLANNING. Would
the project:
a) Physically divide an established ~ ~ ~
community?
26
Code Amendment 10-002 (CA 10-002) City of Tustin
b) Conflict with any applicable land
^ ^ ^
use plan, policy, or regulation of
an agency with jurisdiction over
the project (including, but not
limited to the general plan,
specific plan, local coastal
program, or zoning ordinance)
adopted for the purpose of
avoiding or mitigating an
environmental effect?
c) Conflict with any applicable ~ ~ ~
habitat conservation plan or
natural community conservation
plan?
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a) No Impact. The code amendment will provide minor updates to the Zoning Code and incorporate
uses previously determined to be similar to permitted or conditionally permitted uses within various
zoning districts of the City. Since the uses are similar and may be subject to discretionary review and
conditions of approval, it is not anticipated to physically divide an established community and
therefore, no impacts will occur.
b) No Impact. The City's General Plan indicates the following: Goal 2: Ensure that future land
use decisions are the result of sound and comprehensive planning. Specifically, Policy 2.1: Consider
all General Plan goals and policies, including those in the other General Plan elements, in evaluating
proposed development projects for General Plan consistency. Policy 2.2: Maintain consistency
between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and
standards.
The code amendment will provide minor updates that are necessary for consistency with the City's
General Plan and other State laws. The code amendment will also incorporate uses that have
previously been reviewed for consistency with permitted and conditionally permitted uses in the
Zoning Code. Therefore, the project is in conformance with the General Plan, and there are no
conflicts related to the implementation of the code amendment.
c) No Impact. As indicated in response IV f, the City of Tustin is a participating member of the
Natural Community Conservation Plan (NCCP) and is within the Central/Coastal Orange County
region. No physical improvements are currently proposed in conjunction with the amendment to the
zoning code. Impacts related to any future project would be identified and evaluated in conjunction
with the applicable NCCP/HCP plan or any other conservation plan and may be subject to separate
27
Code Amendment 10-002 (CA 10-002) City of Tustin
CEQA review. Asa result, no impacts are anticipated from the implementation of the code
amendment.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
X MINERAL RESOURCES. Would the
project:
a) Result in the loss of availability
of a known mineral resource
that would be of value to the
region and the residents of the
state?
Potentially Less Than Less Than
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
^ ^ ^
No
Impact
b) Result in the loss of availability
of alocally-important mineral
resource recovery site
delineated on a local general
plan, specific plan or other land
use plan?
^ ^ ^
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a -b) No Impact. According to the City of Tustin Conservation/Open Space/Recreations Element
(Figure COSR-2) there are no known mineral resources within the City that would be of value to the
region and the residents of the state. Therefore, there are no project related impacts associated with
mineral resources.
28
Code Amendment 10-002 (CA 10-002)
Issues:
XI NOISE. Would the project result in:
a) Exposure of persons to or
generation of noise levels in
excess of standards established
in the local general plan or
noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or
generation of excessive
groundborne vibration or
groundborne noise levels?
c) A substantial permanent
increase in ambient noise levels
in the project vicinity above
levels existing without the
project?
d) A substantial temporary or
periodic increase in ambient
noise levels in the project
vicinity above levels existing
without the project?
e) For a project located within an
airport land use plan or, where
such a plan has not been
adopted, within two miles of a
public airport or public use
airport, would the project
expose people residing or
working in the project area to
excessive noise levels?
f) For a project within the vicinity
of a private airstrip, would the
project expose people residing
or working in the project area to
excessive noise levels?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
29
Code Amendment 10-002 (CA 10-002) City of Tustin
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a -d) No Impact. The City of Tustin General Plan Noise Element, and the City's Municipal Code,
Chapter 6 Section 4614, Noise Control (Noise Ordinance) establish noise standards for the City. The
Safety and Noise Element addresses noise with respect to general land use compatibility, while the
Noise Ordinance addresses noise from specific sources. The Noise Ordinance established exterior
noise standards of 55 dBA during the daytime hours between 7:00 a.m. and 10:00 p.m. and 50 dBA
during the nighttime hours between 10:00 p.m. and 7:00 a.m. These noise standards are adjusted
further based on the cumulative duration of the noise occurrence, as well as the prevailing ambient
noise levels near the project. Each future individual project will be subject to review on a case-by-
case basis. The proposed project does not include new development and would not expose people
to excessive noise; therefore, no impact will occur as a result of this project.
e-f) No Impact. As indicated in response VII e-f, according to the City's General Plan Circulation
Element, air travel is available from John Wayne Airport in Orange County, approximately five miles
to the south by surface roadway. However, the Tustin Planning Area does not lie within any of John
Way's safety zones. The former MCAS Tustin helicopter station was located in the southern portion of
the City. A Specific Plan for reuse of the base has resulted in the elimination of aviation uses, with the
exception of heliports individually permitted or blimp operations as an interim use. New development
could be subject to review with the Airport Land Use Commission if necessary as well as with the
Noise Ordinance. Any conditions of approval will be incorporated into each individual project where
necessary. No impact will occur as a result of this code amendment.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
30
Code Amendment 10-002 (CA 10-002) City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XII POPULATION AND HOUSING.
Would the project:
a) Induce substantial population ~ ~ ~
growth in an area, either directly
(for example, by proposing new
homes and businesses) or
indirectly (for example, through
extension of road or other
infrastructure)?
b) Displace substantial numbers of ~ ~ ~
existing housing, necessitating
the construction of replacement
housing elsewhere?
c) Displace substantial numbers of ~ ~ ~
people, necessitating the
construction of replacement
housing elsewhere?
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a) No Impact. The Tustin Planning Area is an established and urbanized area. There is no
development associated with the code amendment. Minor Zoning Code modifications and uses
determined to be similar to permitted and conditionally permitted uses will be incorporated into the
Zoning Code. It is not anticipated to substantially increase population growth. Therefore, no impact on
the local or regional population is expected to occur.
b) No Impact. There are no physical improvements in conjunction with the amendment to the zoning
code. Impacts related to any future project would be identified and evaluated on a case-by-case
basis as part of the discretionary review process. Therefore, no housing would be displaced by the
implementation of the proposed project and there are no impacts associated with this code
amendment.
31
Code Amendment 10-002 (CA 10-002)
City of Tustin
c) No Impact. As stated in Response No. XII b) no development associated with the code
amendment. No persons would be displaced by the implementation of the proposed project.
Therefore, there are no impacts associated with this issue.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XIII PUBLIC SERVICES. Would the
project:
a) Result in substantial adverse ~ ~ ~
physical impacts associated
with the provision of new or
physically altered governmental
facilities, need for new or
physically altered governmental
facilities, the construction of
which could cause significant
environmental impacts, in order
to maintain acceptable service
ratios, response times or other
performance objectives for any
of the public services:
Fire protection? ~ ~ ~
Police protection? ~ ~ ~
Schools? ~ ~ ~
Parks? ~ ~ ~
Other public facilities? ~ ~ ~
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
32
Code Amendment 10-002 (CA 10-002) City of Tustin
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a) Fire protection. No Impact. The Orange County Fire Authority provides fire protection for the
City of Tustin on a contractual basis. All water mains and fire hydrants must be constructed in
accordance with Orange County guidelines and are subject to approval by the Orange County
Fire Authority. Adherence to these guidelines will ensure that no significant impacts on fire
protection services will occur. Future projects may be subject to individual review by the Fire
Authority as part of the discretionary review process routing process. Therefore, there are no
impacts related to fire protection.
Police protection. No Impact. The Tustin Police Department provides law enforcement services
within the City of Tustin. Routine and scheduled patrolling is done throughout the City and would
continue as they do under existing conditions. It is not anticipated that the proposed parking
ordinance would require additional officers. Rather, it is assumed that the Police Department will
continue to assess and evaluate its crime statistics for problem areas within the City. No impacts
associated with the implementation of the code amendment.
Schools. No Impact. The code amendment will not provide housing that would generate
demand for additional schools. The project will not increase student population necessitating a
need for new or expanded school facilities. No impacts are anticipated.
Parks. No Impact. The code amendment does not propose new construction. Uses incorporated
as part of the code amendment have been determined to be similar to permitted and conditionally
permitted uses of the Zoning Code. Any future project may be subject to further discretionary
review. However, the project is not anticipated to generate a demand for additional parks. No
mitigation measures are required.
Other Public Facilities. No Impact. The code amendment is not anticipated to result in any
substantial increase in demands on other government services or public facilities such as roads,
libraries, hospitals, or post offices. Future projects are not anticipated to generate traffic however;
should impacts be associated with an individual project, they would be reviewed and considered
on a case-by-case basis and conditions of approval included as necessary to mitigate impacts.
No increased need for maintenance of these public facilities is anticipated. No mitigation
measures are required.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
33
Code Amendment 10-002 (CA 10-002)
Issues:
XIV RECREATION. Would the project:
a) Increase the use of existing
neighborhood and regional
parks or other recreational
facilities such that substantial
physical deterioration of the
facility would occur or be
accelerated?
b) Does the project include
recreational facilities or require
the construction or expansion of
recreational facilities which have
an adverse physical effect on
the environment?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
City of Tustin
Less Than
Significant
Impact
No
Impact
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a -b) No Impact. The code amendment will provide minor updates to the Zoning Code and
incorporate uses determined to be similar to permitted and conditionally permitted uses. The
proposed project does not involve the construction of uses that will increase demand for parks.
Therefore, the proposed project will not adversely impact existing recreational facilities.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
34
Code Amendment 10-002 (CA 10-002) City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XV TRANSPORTATION /TRAFFIC.
Would the project:
a) Cause an increase in traffic ~ ~ ~
which is substantial in relation to
the existing traffic load and
capacity of the street system
(i.e., result in a substantial
increase in either the number of
vehicle trips, the volume to
capacity ratio on roads, or
congestion at intersections)?
b) Exceed, either individually or ~ ~ ~
cumulatively, a level of service
standard established by the
county congestion management
agency for designated roads or
highways?
c) Result in a change in air traffic ~ ~ ~
patterns, including either an
increase in traffic levels or a
change in location that results in
substantial safety risks?
d) Substantially increase hazards ~ ~ ~
due to a design feature (e.g.,
sharp curves or dangerous
intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency ~ ~ ~
access?
f) Result in inadequate parking ~ ~ ~
capacity?
g) Conflict with adopted policies, ~ ~ ~
plans, or programs supporting
alternative transportation (e.g.,
bus turnouts, bicycle racks)?
35
Code Amendment 10-002 (CA 10-002) City of Tustin
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a) No Impact. Construction and operation of future projects could potentially generate traffic. These
impacts would be reviewed and considered on a case-by-case basis and conditions of approval
included as necessary to mitigate impacts. The proposed project is not anticipated to impact traffic.
No mitigation is necessary.
b) No Impact. The City has adopted a Congestion Management Program (CMP) to reduce traffic
congestion and to provide a mechanism for coordinating land use development and transportation
improvement decisions. Any future project will require review and conformance with the requirements
of the Tustin General Plan and the CMP. However, no improvements are proposed as part of this
project. Therefore, it would have no impact and no mitigation is necessary.
c) No Impact. The code amendment will incorporate similar uses and provide minor updates and
modifications to the Zoning Code. It is not anticipated to produce any air traffic increases, nor would
existing air traffic patterns impact it. No impacts are anticipated from implementation of the code
amendment.
d) No Impact. The code amendment will incorporate uses that have been determined to be similar
to and compatible with permitted and conditionally permitted uses of the Zoning Code. Therefore, the
code amendment is not anticipated to cause hazardous conditions or allow incompatible uses.
Specific findings have been made by either the Community Development Director and/or Planning
Commission to make the determination. No impact will occur as part of this code amendment.
e) No Impact. The code amendment does not include any new development and will not result in
inadequate emergency access. Future development will be reviewed and considered on a case-by-
case basis and conditions of approval included as necessary to mitigate impacts. No mitigation is
necessary.
f) No Impact. The code amendment will incorporate similar uses and provide minor updates to the
Zoning Code. Any future project may be subject to discretionary review which includes providing
minimum parking for new uses. Therefore, there is no impact to this issue and no mitigation is
necessary.
g) No Impact. The code amendment will not conflict with adopted policies, plans, or programs
supporting alternative transportation in that the new ordinance will provide that will better organize
and supplement Tustin's Zoning Code and provide updated uses that have previously been
determined to be similar to permitted and conditionally permitted uses. These regulations are
consistent with the City's Circulation Element which addresses the circulation improvements needed
to provide adequate capacity for future land uses. The Element establishes a hierarchy of
transportation routes with specific development standards. Future projects will be required to conform
36
Code Amendment 10-002 (CA 10-002) City of Tustin
to the City's Circulation Element based on individual review. Therefore, there is no impact to this
issue and no mitigation is necessary.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
XVI UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment
requirements of the applicable
Regional Water Quality Control
Board?
b) Require or result in the
construction of new water or
wastewater treatment facilities
or expansion of existing
facilities, the construction of
which could cause significant
environmental effects?
c) Require or result in the
construction of new storm water
drainage facilities or expansion
of existing facilities, the
construction of which could
cause significant environmental
effects?
Potentially Less Than Less Than
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
^ ^ ^
No
Impact
37
Code Amendment 10-002 (CA 10-002)
Issues:
d) Have sufficient water supplies
available to serve the project
from existing entitlements and
resources, or are new or
expanded entitlements needed?
In making this determination,
the City shall consider whether
the project is subject to the
water supply assessment
requirements of Water Code
Section 10910, et. Seq. (SB
610), and the requirements of
Government Code Section
664737 (SB 221).
e) Result in a determination by the
wastewater treatment provider
which serves or may serve the
project that it has adequate
capacity to serve the project's
projected demand in addition to
the provider's existing
commitments?
f) Be served by a landfill with
sufficient permitted capacity to
accommodate the project's solid
waste disposal needs?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
^ ^ ^
^ ^ ^
38
Code Amendment 10-002 (CA 10-002)
Issues:
g) Comply with federal, state, and
local statutes and regulations
related to solid waste?
h) Would the project include a new
or retrofitted storm water
treatment control Best
Management Practice (BMP),
(e.g. water quality treatment
basin, constructed treatment
wetlands), the operation of
which could result in significant
environmental effects (e.g.
increased vectors and odors)?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a) No Impact. The Tustin Planning Area is located within the jurisdiction of the Santa Ana Regional
Quality Control Board. The code amendment does not include new development and will incorporate
those uses that have previously been determined to be similar to permitted and conditionally
permitted uses of the Zoning Code. Any wastewater generated by future projects may be subject to
review for impacts on wastewater facilities as part of the discretionary review process. Typically, any
increase in wastewater flows resulting from an off-street parking project would be minimal. Future
development would be required to comply with local and state regulations to minimize any potential
impacts from hazardous materials use. As discussed in Section VIII. Hydrology and Water Quality,
any future project may be required to implement standard BMPs to control storm water runoff at the
project site. Therefore, no impacts are associated with this project.
b) No Impact. Irvine Ranch Water District (IRWD) provides water and wastewater services and the
Orange County Sewer District provide wastewater services within the Tustin Planning Area. The
code amendment does not include new development and will incorporate minor updates and uses
previously determined to be similar to permitted and conditionally permitted uses. The amount of
potable water needed and wastewater generated by a future project be reviewed on a case-by-case
basis for any potential to cause significant environmental impacts and would most likely be nominal.
Minor infrastructure improvements may be required to provide on-site connections from the existing
water and wastewater services to any new project. Since there are no new wastewater treatment
39
Code Amendment 10-002 (CA 10-002) City of Tustin
facilities or potable water facilities will be needed as part of this code amendment there are no
impacts.
c) No Impact. As discussed in Response No. XVI a) above, the code amendment will incorporate
minor updates and uses previously determined to be similar to permitted and conditionally permitted
uses of the Zoning Code. Future projects would be required to comply with local and state regulations
to minimize any potential impacts from expansion of existing facilities. Any future project may be
required to implement standard BMPs to control storm water runoff at the project site and may
incorporate construction and post-construction BMPs in compliance with the NPDES permit and
Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted
runoff. However, there are no impacts from implementation of the proposed code amendment.
d- e) No Impact. As discussed in Response No. XVI b) above, the code amendment will incorporate
minor updates and uses previously determined to be similar to permitted and conditionally permitted
uses of the Zoning Code. Any increase in water demand from any future project is anticipated to be
nominal and would be considered and mitigated as necessary on a case-by-case basis. No
mitigation measures are required.
f-g) No Impact. CR&R Waste Services provides solid waste collection and disposal services to the
City of Tustin. Any solid waste generated a future project would be diverted to a transfer station and
then to the Bee Canyon/Bowerman Landfill located at 11002 Bee Canyon Access Road in Irvine. The
zoning code amendment does not propose any construction. Furthermore, any future project would
be required to comply with local, state, and federal requirements for integrated waste management
(i.e. recycling) and solid waste disposal. Waste Management provides recycling opportunities to
businesses and institutions, although implementation of recycling programs by businesses and
institutions is voluntary. The project is anticipated to have no impact on landfill capacity.
h) No Impact. The code amendment will incorporate minor updates and uses previously determined
to be similar to permitted and conditionally permitted uses of the Zoning Code. A Standard Condition
of Approval will be added to individual future projects requiring a Water Quality Management Plan
(WQMP) for the use of non structural and/or structural BMPs including but not limited to tenant
education, activity restrictions, street sweeping, landscaped areas with efficient irrigation and limited
run-off, strategically placed catch basins with fossil filters, and catch basin stenciling. BMPs required
as part of an individual project would not necessarily result in any significant environmental effect. No
impact as part of this project.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. OC Watersheds http://www.ocwatersheds.com/dampreport/default aspx~ID=1000358
40
Code Amendment 10-002 (CA 10-002)
Issues:
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XVII MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a
fish or wildlife species, cause a fish or
wildlife population to drop below self-
sustaining levels, threaten to eliminate
a plant or animal community, reduce
the number or restrict the range of a
rare or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
^ ^ ^
b) Does the project have the potential to
achieve short-term environmental
goals to the disadvantage of long-term
environmental goals?
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the
incremental effects of a project are
considerable when viewed in
connection with the effects of past
projects, the effects of other current
project, and the effects of probable
future projects.)
d) Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
^ ^ ^
^ ^ ^
^ ^ ^
Discussion:
Code Amendment 10-002 includes the amendment of various sections of the Zoning Code to
incorporate minor modifications to the Tustin City Code and incorporate use determinations
previously determined by the Community Development Director and/or Planning Commission as
similar to and/or compatible with land uses or conditionally permitted uses within various City zoning
41
Code Amendment 10-002 (CA 10-002) City of Tustin
districts. CA 10-002 also includes grammatical and spelling changes, updates terminology,
alphabetizes lists, and incorporates legal updates to the Zoning Code.
a) No Impact. The proposed code amendment will incorporate minor modifications to the Tustin
City Code and incorporate use determinations previously determined by the Community Development
Director and/or Planning Commission as similar to permitted or conditionally permitted uses within
various City zoning districts. There is no development proposed as part of this code amendment,
therefore, the project will not have the potential to significantly impact sensitive resources.
b) No Impact. As discussed in response XVlla, the code amendment, as proposed, is consistent
with the goals and objectives of the City's General Plan. Therefore, the project is not expected to
have any cumulatively considerable impacts.
c) No Impact. As demonstrated throughout this Initial Study, the proposed project will not have any
significant effects considered cumulatively considerable.
d) No Impact. As demonstrated throughout this Initial Study, the code amendment does not have
environmental effects which will cause substantial adverse effects on human beings, either directly or
indirectly.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
42
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ATTACHMENT D
Existing Zoning Code (Sections to be amended)
ARTICLE 9 LAND USE
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: Corner 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)
Q) 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 permitting 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 9223x.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: Corner 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: Corner 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)
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, 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: Corner 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. I I, 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: Corner 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: Corner 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.
Q) 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: Corner 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 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
(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: Corner 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: Corner 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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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 limitations:
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
inspected and approved
Secs. 2, 8; Ord. No. 330,
790, Sec. 1, 2-20-79)
c Submittal of Preliminary Drawings
for use as a day nursery or a nursery school shall be
by the Fire Department prior to occupancy. (Ord. No. 175,
Sec. 2a; Ord. No. 372, Sec. 3; Ord. No. 553, Sec. 3; Ord. No.
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. I I, 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 property 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 corner 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 property 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 lot 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.
I I, 11-4-08)
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8. Subdivision of property development under the district
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: Corner 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)
(j) 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
(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 (Ord. No. 299, Sec. 4)
(i) Repealed. (Ord. No. 733, 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. 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: Corner 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.
Q) 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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Page 14 of 18
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
Q) 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. I I, 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: Corner 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: Corner 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: Corner 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: 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
(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: Corner 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 where play areas abut public park
or playfield.
Q) 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 current 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: Corner 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 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) 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: Corner 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) 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, 11-4-08)
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: Corner 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. I I, 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. II, 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. II, 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. I I, 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
Q) 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
Page 4 of 23
(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)
Q) 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
Q) 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 lot 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. II, 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 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 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. 1 E, 11-16-
92; Ord. No. 1161, Sec. 1 A, 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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(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 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 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
(j) 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
(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 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 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. 1 B, 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 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. 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. II, 11-4-08)
(h) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. I I, 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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(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. II, 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. II, 11-
4-08 )
(i) Repealed. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. I I, 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
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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 Commercial General District.
(1) Any use authorized in the Central Commercial District (C-2) unless otherwise listed
as a condi tionally permitted use in this Commercial General (CG) District. (Ord. No. 896,
Secs. 9, 10, 11-21-83)
(2) 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
Q) 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. 1C, 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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ARTICLE 9 LAND USE
(d) Automobile supplies and services
(e) Bakeries, wholesale
(f) Billiard parlors and pool halls
(g) Bowling alley
(h) Building supply
(i) Business school
Q) 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
Page 20 of 23
(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. 1H, 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 corner 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. Otherwise, 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. I I, 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 District (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. 1 D, 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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(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. 1 I, 11-16-92; Ord.
No. 1161, Sec. 1 E, 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)
(j) Antennas and their support structures and accessory equipment buildings or
enclosures operated fora 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:
(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 warning;
(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 warning; 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 property 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 orquasi-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;
Q) 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 & I)
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
(j) 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
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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 & I 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 shall
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;
(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 shall 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) Concurrence 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 all 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. I I, 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 in, 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 Center 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' 50' 65' 70' 60' 75'
E-4 60' S0' 65' 70' 60' 75'
R-1 60' S0' 65' 70' 60' 75'
R-2 60' 50' 65' 70' 60' 75'
R-3 60' 50' 65' 70' 60' 75'
C-1 55' S5' S5' 65' 65' 65'
C-2 55' S5' 55' 65' 65' 65'
C-3 55' 55' S5' 65' 65' 65'
M-1 55' 55' S5' 65' 65' 65'
P M 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 "vehicle 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)
Page 11 of 11
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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 or
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 of vehicles of the occupant of the dwelling, having
a roof, and enclosed on at least three (3) sides, with the fourth side being a lockable door, 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. 26)
"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 property. (Ord. No. 157, Sec. 11.31)
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"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
carrying 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 California, 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, firm, partnership,
association, corporation, stockholder, including, but not limited to, owners, operators, lessors and
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 California 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 California Department of Conservation as meeting the
requirements of the California 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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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 Corner Lots" means the narrowest frontage of a corner 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, boulevard, highway,
road and any other thoroughfare except an alley as defined herein. (Ord. No. 157, Sec. 11.44)
"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":
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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 authority to approve, 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.
II, 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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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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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 wifh 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 wifhout 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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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
http://library2.municode.com/minutes/DocView/ 11307/ 1 / 10 O l /14/2010
ARTICLE 9 LAND USE
of this Chapter shall continue to be fully effective.
(Ord. No. 1321, Sec. 2, 4-3-07)
Page 4 of 4
http:/llibrary2.municode.com/minutes/DocView/11307/1/10 01/14/2010
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