The URL can be used to link to this page

Home My WebLink About01 CODE AMENDMENT 10-002TUSTII~1 s~w- AGENDA REPORT BUI(LUING OUR FUTURE HONORING OUR PAST Agenda Item 1 Reviewed: City Manager Finance Director N A MEETING DATE: MARCH 16, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 10-002 (ORDINANCE NO. 1367), ZONING CODE UPDATE 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 City Council introduce and have first reading of 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. FISCAL IMPACT: Ordinance No. 1367 is aCity-initiated project. There are no direct fiscal impacts anticipated as a result of adopting this ordinance. City Council Report Ordinance No. 1367 Page 2 BACKGROUND AND ANALYSIS: 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 Ordinance No. 1367 to amend the Tustin City Code (TCC). At the public hearing on February 24, 2010, the Tustin Planning Commission adopted Resolution No. 4141, recommending that the Tustin City Council approve Code Amendment 10-002, with minor amendments. 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. Some reference documents, including a use determinations matrix 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. 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 City Council Report Ordinance No. 1367 Page 3 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 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. No comments were received during or after the public review period. The City Council should consider the Draft Negative Declaration prior to taking action on Code Amendment 10-002. PUBLIC REVIEW A public notice was published in the Tustin News on March 4, 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 prior to the Planning Commission's hearing on the matter. Amy homas, AICP Elizabeth A. Binsack Senior Planner Director of Community Development Attachments: A. Ordinance No. 1367 (Code Amendment 10-002) B. Draft Negative Declaration and Initial Study C. PC Resolution No. 4141 S:\Cdd\CCREPORT\2010\Ordinance 1367 (Use Determination).doc ATTACHMENT A 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: 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) n^„~~o~ the following uses, for uses whichs 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. 2. Section 9221 a6 is hereby amended as follows: 6. Large family day care homes (subject to the provisions set forth in Section 9271 as , c~ ~~e~~era~~te~w ,^ ~~ 2TCren~;~es~-te- ~he~t^s t+nn~l+inor~l in }ho C~_1 nic+rin4 rorvi ilo}ir~nc Qor~i^n 077Qo F , 3. Section 9221 b is hereby amended as follows: b Conditionally Permitted Uses and Development Standards The followin u~(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) eeae-f~tft only the following uses; for uses which, in the opinion of the Community Development Director and/or the Planning Commissions are similar;~will 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 homed (subiect to the provisions set forth in Section ,9271aa Zorin~e~e•n +.•i in / hi~~-~~a~cc~, +ho c+nnrlorrlc G~tt-~te~ttt~.r~ D.T~--nv~.om+~ ni iiut{8rni-~u~e6t~n-r~i"i~uv 6. Section 9223a is hereby amended as follows: a Permitted Uses and Development Standards In the Single Family Residential District (R-1) ^^^^„~~: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 subiect to the provisions set forth in Section 9271 as 8. Section 9223a6 is hereby amended as follows: Large family day care homed (subiect to the provisions set forth in Section 9271aa ^orinn fnr en~mn /7\ fn +umhm /17\ nhilrlrnn orn ciihion+ +n +ho fnllnuiinn 0 ~~~ r`~m~T+~i fly nm~T~ or+m~f Infnrmo~n nrn~iiiJ~ nn {~nt c~v L~T e~1ar-m~ n-rnvrmcr rr-Prvv-ra err-~..„ r • > > 9iA;TT2rS~t~}F ~ 'I (lfl fnn~ of +ho ov+orinr nrnnnr+~i hn~ inrloni of +ho /,h~~arno fomil~i r+o~i noro hnmoc,~h~oll~~~~ inme,r~ivre~C6cedmnc~ nnie~~l~/n~ra~n Alnicn .. r~F~~~n^~r cnhnl~anh rJ n~i noro ~~py~hnri nnon~~i~?~~~rr~~mo ~holl h~i r+ncinn Inro+inn onr+ noin``h''~~h~~n~~rinn nrnnor~ioc /r,~{ ~~~+~c moll n~~pr~anted~nr ovr-a- I~°c.~ap~i n~,ro{ hnmo thof ~~ini ilr• ho evtabTlshcd-~Ithln 399y~F.°f nu-rv~crhr~.~z~. r-I nvi I~rvpl: tt~~ F'ni inr~nrinc n~~ ovic+inn linoncorl lornn fomil~i r+rni noro hnmo i (~ i i +~i cc~~~on+ re~S~nll ~n of +ho in+n n+ fn nc+-+hlich ci inh ~+ .~~e~ n~a~~ ti rrr-r a~T ~-neta#ied Ise: {e~Ple~earFn gin-the-a nnlRio ;~er~per~ ice" ~ I~,',~Rel,~ h~°I-,s Ges~+er~~Eess a--hearing i~ req~~ted~~the ~nnli,.~n+ nr ., .,rnnor+, Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 4 h o n o r~ F~ #~ I I h~ n kre rn e ~f R e h ear+r} -I-& ~e eeeted ~~ i f +h i ~ - g , 9 family rho" ^oro hmm~ ^mm~linc ~~,i+h +hn nrn~,icinnc of +hic (~ ~ nrln h., +hn C+.~+o Ciro ~Aorchol onrl (lronnn (~ni in+v Cirn flon~+r+m on+ n~ n ^~~nl+ h., ~ mini 6a a; d e f~e~ie na e-m~~ h TTh e c m. , m c i, f... T T r ~ ~ ~ 9 f~^o co+ho^L frnm +ho rani iirorl frnn+ "orr+ T 5 y hmm~ fnr on" Inl+o+inn +h~+ hoc nn +hn nrnnnr#" n cu,immin n nnnl oc r'+ofino,-I r~vrrrv /i ~~ ~, l+n~, ^oro ~mc the nrn"icinnc of + T vst-~~ nl w~ h r. n+o I Inif n r m = ~ r ~ ~ tl F ~ ~ T /i\ " loran rlo" hmm~ mi ~c+ nrn"irln nnn /11 nff_c+roo+ norLin n can^a fnr nh ` ~- urgc-tray-i cca~urmrr omnlnvnn ~~,hn is nn+ o rocir+on+ of +ho nromicoc nnr+ nrn"ir+ ~.~puva~-rvr-et ~vrr n nr+nni in+o rlrnn e nff ~nr+lnr ni^I~_i m fn^ili nn_ci+o n n+n " i tleS 6~ I~1 ~ d ~ l ~~ ~E e + +n +hn ci+o c ~} ~ vn ~.~rc~ - c crcc ~- r r r~e~a +n ~. --~;d-~„fer#erer~~T ~h 4•-°~ ~s aed~s rem ~cv~rn'~ca.- ~ ~# of ote tk~e ~ ~ - --p !~ nnnli^on+ fnr o lorn~omil" l+o" nor~~m~ hol l h ~~~ - - ~~ nr ee~e~Zo ~ ~ ~ ~ , the~tate-ef r°lifnrnio oc ~~ pe-e~em t-frem~ieensure-f~ lorno fomih ~ ~ ^ o rnvarc-hvm~ j+~F~hinn ^nn+oin~ in~ ~e~~~en~ e# th~~ arY}el~ F~}eF~t~ ~ ~eEIi ~`+~~ h"l i ~ r - r ar -P fnlln~e,inn nrnnoorlinno ^ nnrli i^+nr! h" +hn Dlnnninn (~nmmi c c in n +n rlo+orminn ^ }p /+ ~' ~ ~C r-1~ p n ~a ~ n a rx~a~~^~d etr~r~ en to I t8 t ~ ^ ^I ~aT / n r ' +~ rl Tq p T.. lTQ a J i"I'G ~e,nlfo rn of +hn ^nmmi ini+~, nr ci irrni in,-7inn nrnnnr+inc F~t Q1 ~. 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 subject 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 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-1 District, subject to a ~+se--pe~+t 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) °~ ihiol++ +„ ~ , ,moo r.ormi+ (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 r~,~--rTepeafe~ r~~epeaTed- 2. Day r n~ ircpni crFinr~l e~ ~tiion+ +n rnn.-~i+~nno~ ~ ~co Dormi+ care center (as defined in the Health`'aJnd'`'Safety Code) 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), t 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 us°~~ 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 /i~t~e'aTed. /(lrr~ Pln 1'2 F'.A Cam, II11 1~~ /L\ Don°~1°rJ 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 /i1 C?ono~lolJ iU~ Qono~io.~ 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 9271aa2) 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 MOBILE HOME PARK DISTRICT (MHP) a Conditionally Permitted Uses In the Me~+le~ie~e Mobile Home Park District (MHP), r~eoe-fit o~ the following uses; (or uses which, in the opinion of the Community Development Director and/or the Planning Commission) are similar vv+f4 mfr be permitted; subject to the nr issuance of a Conditional Use Permit; and ~}es~-te the development standards of this Chapter=_ 1. Accessory buildings and service structures (permanent) ~2. Meb+lel=tee Mobile home park ~3. Travel trailer parks }~ ~,. 3 . p ~~i"' °~-rancT cTeET~. a+i nTrvnurac~.~v ni-~--ar a-~cr~i "vc~ti~ctGlr~..~ 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 fo-lowing 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 9271aa) 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 9231d 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 (j) 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). 2. Amusement resorts, arcades, and private recreational facilities which include video and vending machines or other such contrivances in excess of five (5) which are identical to the principal business 3. Automotive repair shops 4. Automotive/vehicle sales lots (used/pre-owned) 5. Billiard parlors and pool halls 6. Cleaning and dyeing establishments 7. Equipment rentals of heavy machinery (trailers, tractors, skip loaders) 8. Garages (public) 9. Laundromat 10. Office uses -Professional and general offices (as defined in Section 9297) fronting onto Main Street or EI Camino Real or located within the Old Town Commercial General Plan land use designation (subject to the provisions set forth in Section 9271 ee) 11. Outdoor markets and outdoor sales establishments 12. Party facilities including birthday party businesses 13. Pet shops 14. Secondhand sales 22. Section 9233d and 9233e are hereby repealed. 23. Section 9234a is hereby repealed and replaced in its entirety as follows: a Permitted Uses Ordinance No. 1367 CA 10-002 Use Determinations Page~19 In the Heavy Commercial District (C-3) District, only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards of this Chapter. 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. 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. All uses listed as permitted in the C-1 and C-2 Districts subject to the use and development criteria specified thereto (except uses listed as permitted below) 2. Service uses exemplified by the following list: (a) Electronics service (b) Interior decorator Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 20 (c) Job printing and document reproduction (d) Studios/galleries 27. Section 9235c is hereby repealed and replaced in its entirety as follows: c Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Commercial General (CG) District subject to the issuance of a Conditional Use Permit. 1. All uses listed as conditionally permitted in the C-1 and C-2 Districts subject to the use and development criteria specified thereto (except uses listed in Section 9235b are permitted) 2. Any development in excess of five (5) acres in total parcel space 3. Building supply 4. Business school 5. Manufacturing, fabrication, distribution facilities occupying less than 50 percent of floor area and less than 50 percent of operations 28. Section 9241 a is hereby repealed and replaced in its entirety as follows: a Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission are similar) will be allowed in the Planned Industrial District (PM) subject to the development standards of this Chapter: 1. Any use permitted in the Industrial District (M) which may not be objectionable by reason of noise, smoke, odor, dust, noxious gases, glare, heat, fire hazards or industrial wastes emanating from the property as determined by the Community Development Director 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 4. Ceramic and plastic fabrication Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 21 5. Chemical laboratories 6. Design and development 7. Distributors of electronic, electrical, and electromechanical products 8. Finished paper products 9. Food (and kindred products) manufacturing or storage 10. Laboratories for research and development 11. Leather products 12. Light industrial, research and development, and manufacturing uses which do not maintain greater than fifty percent (50%) of their gross floor area for office purposes 13. Office uses -including administrative and professional offices (as defined in Section 9297) that are accessory to permitted uses (subject to the provisions set forth in Section 9271 ee) 14. Outside storage (in conjunction with permitted use) enclosed in minimum of 6 foot high solid fence 15. Parking lots 16. Pharmaceutical products 17. Photography and printing plants 18. Precision machine shop 19. Prototype weapons and fabrication of components 20. Public utility uses (except the storage of flammable fuel products) 21. Scientific instrument manufacturing 22. Textile and furniture manufacturing 29. Section 9241 b is hereby repealed and replaced in its entirety as follows: b. Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Planned Industrial District (PM) subject to the issuance of a Conditional Use Permit. Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 22 1. Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments 30. Section 9242a is hereby repealed and replaced in its entirety as follows: a Permitted Uses In the Industrial District (M), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards of this Chapter. 1. All uses permitted in the PM District 31. Section 9242b is hereby repealed and replaced in its entirety as follows: b Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Industrial District (M) subject to the issuance of a Conditional Use Permit. 1. All permitted uses that utilize greater than fifty percent (50%) of their gross floor area for office use (including administrative and professional offices as defined in Section 9297 and subject to the provisions set forth in Section 9271ee) 2. 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 3. Building material yards 4. Caretaker's residential unit when in conjunction with permitted use 5. Convenience stores 6. Hazardous waste facilities (subject to all standards and criteria contained in the Tustin City Code) 7. Manufacturing uses (subject to compliance with performance standards of the Air Pollution Control Board) 8. Restaurants 9. Retail commercial uses 10. Schools for professional, instructional, motivational, vocational and/or seminar uses Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 23 11. Specialty stores 12. Wireless Facilities (subject to Section 9276) 32. Section 9244a through Section 9244e2 is hereby amended as follows: a Purpose To allow diversification of the relationships of various buildings, structures and open spaces in planned building groups while insuring substantial compliance with the district regulations and other provisions of this Chapter, ~^ ^r~°r +"°+ t#e 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 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 ~g-pre-zoning to P-C is filed must be in one ownership_~ Should there be multiple owners, the application must be made by or with the written authorization for such action on behalf of 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 Community District (P-C), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards of this Chapter. 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 ^°^°r°' ^'°^ General Plan s#at4 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. Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 24 2. The continued use of land within a P-C District for agricultural purposes shall be permitted. 3. Grading shall be permitted within a P-C District outside of an area of immediate development subject to #~#e securing e# 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 homed (subject to the provisions set forth in Section 9271 as rinn fnr c°~ion /71 +n fi.~°Iv° /17\ r~hilr+ron oholl h° nlln~~i°r! oc n°rmi++~M ~rt _T~+hn~r° r+r°•+c rl°cinn~++°r! fnr cinnl°_f~mil~i r°cirl°n+inl I~nrl i ~c°~SUb~eCt to _.J___-__ _- ..~. .... ....... ..e.......... ....... ..... .... ........ +Th~ c+r+nr+n r`+c ^nn+Min°`+ in +h° Q_'1 flic+ri ^+ r°ni ilo+innc Section 9~6 9271 aa. 6. Reverse vending machines (as defined in Section 9297 and subject to standards contained in +h° ~-~ nic+ri^+ r°ni ~In+innc Section °~'~.~9271 bb e Procedures 1. Any application for a zone change to permit the establishment of a P-C District shall be made pursuant to Section 9295 of this Chapter and shall be accompanied by a development plan for the entire parcel which is the subject of the application. Said development plan shall be subject to the processing of a sead+tie+~a~l use-perr~+t Conditional Use Permit ift ~g included within the plant are areas designated for professional or general offices use (as defined in Section 9297). Prior to approving a ~ Conditional Use Permit for construction of a building designated for such office usage, the Planning Commission shall make findings, including but not limited to the following: (a) Development or construction of professional or general office 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 (d) In the event that bulk vending machines and/or a large collection facility ;s-a--dos:r~b:e--use-o", are part of an approved development Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 25 plan, said uses shall be subject to all standards contained in the-C-~ n, +r,,.+ ro,,,,~~+;,,.,~, Section 9~h 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 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments 34. Section 9245b is hereby repealed and replaced in its entirety as follows: b Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Public and Institutional District (P & I) subject to the issuance of a Conditional Use Permit. 1. Churches 2. City Hall, civic center, community center 3. Federal, state, county, district office buildings 4. Hospitals 5. Libraries 6. Lodges, clubs, and social halls 7. Military installations 8. Open space reservations 9. Parks, playgrounds, and recreation centers (public) 10. Post office 11. Public parking 12. Schools (public) and school administration offices 35. Section 9270c is hereby repealed and replaced as follows: Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 26 c Approval of Temporary Uses Temporary uses are typically associated with special events or community events which are in place for a short period of time. Permits are required prior to a temporary outdoor use occurring in any commercial zone (excluding the Professional District (Pr)) as follows: 1. Requests for a temporary use of more than three (3) days but less than thirty (30) days requires approval of a Temporary Use Permit from the Community Development Director and may be issued a maximum of once per calendar quarter for each location. 2. Requests for more than thirty (30) days and up to six (6) months require approval of a Conditional Use Permit (CUP) by the Zoning Administrator. 3. Requests for more than six (6) months require approval of a Conditional Use Permit (CUP) by the Planning Commission. Any temporary outdoor use involving 500 or more persons gathering together at any given time may be subject to a Large Outdoor Gathering Permit pursuant to Tustin City Code Sections 3241-3244 36. Section 9271 a is hereby amended as follows: a Accessory Buildings. Structures or Uses Accessory buildings, structures or uses including recreational structures, are associated with and subordinate to a permitted principal use and shall be constructed with, or subsequent tol 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 °=DTstr;Qts residential districts shall not be located closer than five (5) feet to any side or rear lot line, nor ' ~~erifio`~~~n _t#e-gistr~c~-reg~l~tFe~-s. within those areas described by Section 9271 i(1)(b) or 9271 i(1)(c). 39. Section 9271 v is hereby amended as follows: v. Prefix and Suffix to Districts Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 27 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; in non-residential districts, 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. In residential districts the suffix corresponds to the minimum lot area required qer family unit. 40. Section 9271 as is hereby added as follows: 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 for a permit shall complete and submit an application to the Community Development Department. Information provided on the permit shall include: Name of operator; address of the home; and a list of property owners within a 100 foot radius of the exterior property boundary of the proposed day care home. (b) Large family day care homes shall be operated in a manner not exceeding the noise level in the Tustin Noise Ordinance, nor shall such day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring properties. A day care home shall, by design, location and layout, avoid any potential noise which may constitute a nuisance to neighboring properties. (c) A permit shall not be granted for a large family day care home that would be established within 300 feet of the exterior property boundaries of any existing licensed large family day care home. (d) All property owners within a 100 foot radius of the exterior property boundary of a proposed large family day care home, as shown on the 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 Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 28 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. (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, side, and rear yard setback: Same as required for primary uses in the district (e) Building requirements and indoor and outdoor space required per child are established by the Building Code and pursuant to California Health and Safety Code (f) 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) 41. 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 Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 29 (b) Located within 30 feet of the entrance to the supermarket and shall not obstruct pedestrian or vehicular circulation (c) Does not occupy parking spaces required by the primary use (d) Occupies no more than 50 square feet of floor space per installation, including any protective enclosure (e) Maximum height: 8 feet (f) Constructed and maintained with durable waterproof and rustproof material (g) Clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperable (h) Sign area shall be limited to a maximum of 4 square feet per machine, exclusive of operating instructions (i) Maintained in a clean, litter-free condition on a daily basis Q) Operating hours shall be at least the operating hours of the supermarket (host use), but may be 24 hours (k) Illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn (I) Outdoor storage of any kind is prohibited (2) Vending Machines (Bulk) are subject to the following provisions: (a) Established in conjunction with an existing supermarket which is in compliance with the zoning, building and fire codes of the City of Tustin (b) No larger than 500 square feet and not occupying any parking spaces required by the primary use (c) Maximum height: 10 feet (d) Shall not obstruct pedestrian or vehicular circulation, and shall be located within 100 feet of the host use (e) Minimum setbacks: 10 feet from any property line (f) Accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Orange County Fire Authority and Health Department Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 30 (g) No power-driven processing equipment except for reverse vending machines shall be used (h) Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule; (i) All recyclable material shall be stored internally (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 42. 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 Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 31 (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 43. 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°/0) 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 Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 32 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 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 44. 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 Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 33 floor area or any portion of the ground floor area is designated for occupancy by professional or general offices: Development or construction of professional or general office buildings would be more compatible with surrounding uses in the area than permitted retail commercial uses on the subject property. (c) Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty percent (50%) of the total floor area is exempt from office development use criteria. (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. v. The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 34 45. Section 9276c(3) is hereby amended as follows: (3) All wireless communication facilities to be located within City of Tustin public right-of-way or on property owned by the City of Tustin shall be exempt from the regulations and guidelines contained herein. 46. Section 9297 definition for General Office is hereby added as follows: "General Office" means an office for the conduct of any of the following uses or uses determined by the Community Development Director and/or the Planning Commission to be similar: accountants, advertising agency, contractors and building consultants, drafting, economic consultant, escrow, insurance, public utility office (not including corporate yards), real estate offices 47. Section 9297 the following definitions are hereby amended as follows: "Day Care Center" -pursuant to California Health and Safety Code defined as any child day care facility other than a family day care home, and includes infant centers preschools extended day care facilities, and school age child care centers. ~~ ^hilrlrnn in^li irJinn Oho f~+mil~i r1 ~+v ^f+r^ mnfh^r~c num ^hilrlron ~eihon Oho Inn rnnno is ,,,,.....,, ,,..,.,...,,,y .,,...u,...~ ..~..~ ..~......__..~. _ _.... _. ... _. _. ...._.. --~- --~- ---~- - z~yi f~l~~pq/'=~~nc o nln^o ~J~ttri~na-I ~ n~re~r~°~--rr° co~ion !71 nr m~ro ^hillJron nrn Info fnr rlo~i4imn r~ro cm rrai „ ..., ... ...,. .... .....,~....... ...... ... "Large Family Day Care Home" pursuant to California Health and Safety Code definition and the development standards in TCC Section 9271 aa. ~i~inn.~nn~^m4~i~innnl in ^h~r~r#Lyr~ P~eFcrl~l~6e{~sc~ ~~th , ~ fieiohi ~ "Massage~,a~4e~Establishment" shall mean any establishment required to be licensed pursuant to Section 3~1- 3626 of the Tustin City Code. ~~ ~~ "Professional Office" means an office for the conduct of any of the following uses eal~ or uses determined by the Community Development Director and/or the Planning Commission to be similar: °^^^~ ~^+°^+, architect, attorney, chiropractor, dentist designer, doctor, draftsman, engineer, land planner, ophthalmologist or Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 35 optometrist, sh+~eped+st~odiatrist, ~~a°r ,~r°~+~.~,°^ °nnin°°r surveyor, deet+sf; physician, a-~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 9271aa. 48. Section 9299b(3)(L) is hereby added as follows: L. Dance studios 49. 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. 50. 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 Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 36 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 _th day of , 2010 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 B Draft Negative Declaration & Initial Study COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title: CODE AMENDMENT 10-002 Project Location: Citywide 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 may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON Februa~ry~22, 2010 Date .2 ' ~ -/d C%l t ~~-C~ ~f~~r~r~P~ C 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 find that although the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL 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. CiG~~ ,~- Date o7 •-2 -/O Elizabeth A. Binsack, Community Development Director Preparers Amy Thomas, AICP, Senior Planner Code Amendment 10-002 (CA 10-002) D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions City of Tustin 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational .impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made and EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," 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. 5 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? 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. 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: Potentially Less Than Significant Significant Impact With Mitigation Incorporated 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? f) 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 Less Than No Significant Impact Impact io 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. f) 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 11 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.dfg.ca.gov/habcon/nccp/index.html Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse ~ ~ ~ change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse ~ ~ ~ change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a ~ ~ ~ unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, ~ ~ ~ including those interred outside of 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 Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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? Potentially Less Than Significant Significant Impact With Mitigation Incorporated ^ ^ City of Tustin Less Than No Significant Impact Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ a ^ 14 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 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? 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/dampregort/default.aspx?ID=1000358 16 Code Amendment 10-002 (CA 10-002) Issues: Potentially Significant Impact 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? City of Tustin Less Than Less Than No Significant Significant Impact With Impact Mitigation Incorporated ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 17 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? n) 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? Potentially Less Than Significant Significant Impact With Mitigation Incorporated 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 - 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 - fl 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? Potentially Less Than Significant Significant Impact With Mitigation Incorporated ^ ^ City of Tustin Less Than No Significant Impact Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 20 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 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? h) 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? 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 focal 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/dampreportJdefault.aspx?fD=1000358 Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established ~ ~ ~ community? 26 Code Amendment 10-002 (CA 10-002) 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? 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. 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. As a 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? Potentially Less Than Significant Significant Impact With Mitigation Incorporated City of Tustin _. Less Than No Significant Impact Impact 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 a-f, according to the City's General Plan Circulation Element, air travel is available from John Wayne Airport in Orange County, approximately five miles to the south by surface roadway. However, the Tustin Planning Area does not lie within 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: City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XIV RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ^ ^ ^ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? ^ ^ ^ 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) Issues: 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)? Potentially Less Than Significant Significant Impact With Mitigation Incorporated 35 City of Tustin Less Than No Significant Impact Impact 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 // // // ~~ /~ c 'r` -r- r-~--• r ~~~~~ `~ ~ ~ GE;r1.F~~I. p~ ~.1 ~ February 22, 2005 I ~~ C.! iu i - i ~ us~in Punning area ATTACHMENT C 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 ak Chairpe on 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 23rd day of February, 2010. ~~~.aCi~ ~~ ~ , ELIZABETH A. BINSACK Planning Commission Secretary 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: 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 Counci- 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) eane--ht+~o~ 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. 2. Section 9221 a6 is hereby amended as follows: 6. Large family day care homes (subiect to the provisions set forth in Section 9271 as , 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) subiect 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) r-er-e~t.+t o~ the following uses- for uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar;Zwill 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) ~eee-tom only the following uses; for uses which, in the opinion of the Community Development Director and/or the Planning Commission are similar;Zwill be allowed; subject to the development standards of this Chapter. 7. Section 9223a4 is hereby amended as follows: Small family day care homes-fey-s#+Isubiect to the provisions set forth in Section 9271 as 8. Section 9223a6 is hereby amended as follows: 4 6. Large family day care homes; ~subiect to the provisions set forth in Section 9271aa , reg~4a#+ees: k+e Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 4 icy-res+dens~es~: sk~+ldre+~- sate-~e+~e: 9. Section 9223b is hereby amended as follows: b Conditionally Permitted Uses and Development Standards The following uses (or anv other uses which, in the opinion of the Community Development Director andlor the Planning Commission, are similar) may be conditionally permitted in the Single Family Residential District (R-1) subject 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 i 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 for uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similarl 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 {~}--Ftepea~4ed- {~--repeated- 2. Day ~ care center (as defined in the Health and Safety Code) (~}--F~epealed- e~-playfield: (~--repeated- 13. Section 9226a is hereby amended as follows: Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 7 f a Permitted Uses and Development Standards In the Multifamily Residential District (R-3), ee+~e-bt+t 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 use-pe~+t: 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 E (h) Minimum rear yard setback: As specified in the R-2 District (i) Minimum lot area per family unit: 1,750 square feet 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 ~--Repealed (~-Repe~4s~ 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 M9~1~€#9M€ MOBILE HOME PARK DISTRICT (MHP) a Conditionally Permitted Uses In the AAebite#e-~e Mobile Home Park District (MHP), aeae-~+t o~ the following uses; (or uses whichl in the opinion of the Community Development Director and/or the Planning Commission, are similar w+t4 m~be permitted,- subject to the issuance of a Conditional Use Permit; and s~bje~-te the development standards of this Chapter:_ 1 Accessory buildings and service structures (permanent) ~-2. AAe~i~e-x~e Mobile home park ~3. Travel trailer parks 16. Section 9228a and Section 9228b are hereby repealed and replaced in their entirety as follows: a Permitted Uses In the Suburban Residential District (R-4) only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed, subject to the development standards of this Chapter. 1. Accessory buildings or uses 2. Farming (general) of agricultural crops on the land and grazing, but not including any poultry or animal raising enterprise conducted on a commercial basis 3. Home occupations in accordance with this Chapter 4. Recreation areas (public) and buildings, parks, playfields and playgrounds 5. Residential uses (all of a permanent character, placed in permanent locations) (a) single-family dwellings 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 9271aa) 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 I playgrounds, but not including amusement parks or other parks of a commercial i 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 M1 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) (c) (d) (e) (~ (g) (h) (i) ~) (k) (I) (m) (n) Antiques and curios Appliance stores Art galleries Bakeries Bicycle sales (including repairs) Books and stationeries Ceramics (not including molding, casting or manufacturing by any process) Clothing Confectioneries Department stores Drug stores (including sundries and notions) Dry goods 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 i Q) Recycling facilities or reverse vending machines (as defined in Section t 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 9271ee) b Conditionally Permitted Uses The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Retail Commercial District (C-1) subject to the issuance of a Conditional Use Permit. 1. Adult bookstores (subject to the provisions set forth in Chapter 9) 2. Adult entertainment booking agencies (as defined in Section 3141 and subject to the provisions set forth in Chapter 9) 3. Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271 dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments 4. Animal hospitals or clinics (small animals) 5. Automotive supplies (installation of minor replacement parts and accessories within an enclosed building) 6. Bakeries (wholesale) f~ 7. Bowling alleys l 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 9271ee) 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 f ` 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. 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. 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) Studioslgalleries 27. Section 9235c is hereby repealed and replaced in its entirety as follows: c Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Commercial General (CG) District subject to the issuance of a Conditional Use Permit. 1. All uses listed as conditionally permitted in the C-1 and C-2 Districts subject to the use and development criteria specified thereto (except uses listed in Section 9235b are permitted) 2. Any development in excess of five (5) acres in total parcel space 3. Building supply 4. Business school 5. Manufacturing, fabrication, distribution facilities occupying less than 50 percent of floor area and less than 50 percent of operations 28. Section 9241 a is hereby repealed and replaced in its entirety as follows: a Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission are similar) will be allowed in the Planned Industrial District (PM) subject to the development standards of this Chapter: 1. Any use permitted in the Industrial District (M) which may not be objectionable by reason of noise, smoke, odor, dust, noxious gases, glare, heat, fire hazards or industrial wastes emanating from the property as determined by the Community Development Director 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) i I 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 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments 30. Section 9242a is hereby repealed and replaced in its entirety as follows: a Permitted Uses In the Industrial District (M), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards of this Chapter. 1. All uses permitted in the PM District 31. Section 9242b is hereby repealed and replaced in its entirety as follows: b Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Industrial District (M) subject to the issuance of a Conditional Use Permit. { 1. All permitted uses that utilize greater than fifty percent (50%) of their gross floor area for office use (including administrative and professional offices as defined in Section 9297 and subject to the provisions set forth in Section 9271 ee) 2. Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments 3. Building material yards 4. Caretaker's residential unit when in conjunction with permitted use 5. Convenience stores 6. Hazardous waste facilities (subject to all standards and criteria contained in the Tustin City Code) 7. Manufacturing uses (subject to compliance with performance standards of the Air Pollution Control Board) 8. Restaurants 9. Retail commercial uses Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 23 10. Schools for professional, instructional, motivational, vocational andlor 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-~-er-de~t#at t#~e 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-~xse~t 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 prezeei~g-pre-zoning to P-C is filed must be in one ownership_~ Should there be multiple owners, the application must be made by or with the written authorization for such action on behalf of 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, fed-##a~-ia In the event that such approved usage does not conform to the General Plan of the City, the ~-e~al--plar- General Plan s#all Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 24 ma 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 t1-ie 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; (subject to the provisions set forth in Section 9271aa subject to ,Section 9~a-6 9271 aa. 6. Reverse vending machines (as defined in Section 9297 and subject to standards contained in ,Section Spa:-2-9271 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 serisflal use-~er~+t Conditional Use Permit ifs i~sJ~+eg 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 t~ild+r~g use would be more compatible with surrounding uses in the area t#at 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 #1-ie-S-4 Section S232b 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 community events which are in place for a short period of time. Permits are required prior to a temporary outdoor use occurring in any commercial zone (excluding the Professional District (Pr)) as follows: 1. Requests for a temporary use of more than three (3) days but less than thirty (30) days requires approval of a Temporary Use Permit from the Community Development Director and may be issued a maximum of once per calendar quarter for each location. 2. Requests for more than thirty (30) days and up to six (6) months require approval of a Conditional Use Permit (CUP) by the Zoning Administrator. 3. Requests for more than six (6) months require approval of a Conditional Use Permit (CUP) by the Planning Commission. Any temporary outdoor use involving 500 or more persons gathering together at any given time may be subject to a Large Outdoor Gathering Permit pursuant to Tustin City Code Sections 3241-3244 36. Section 9271 a is hereby amended as follows: a Accessory Buildings) Structures or Uses Accessory buildings, structures or uses including recreational structures, are associated with and subordinate to, a permitted principal use and shall be constructed with, or subsequent tol 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 "#-B+str+sts residential districts shall not be located closer than five (5) feet to any side or rear lot line, nor ' ~~ within those areas described by Section 9271i(1)(b) or 9271i(1)(c). 39. Section 9271v is hereby amended as follows: Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 27 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; in non-residential districts, 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. In residential districts the suffix corresponds to the minimum lot area required per family unit. 40. Section 9271 as is hereby added as follows: 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 for a permit shall complete and submit an application to the Community Development Department. Information provided on the permit shall include: Name of operator; address of the home; and a list of property owners within a 100 foot radius of the exterior property boundary of the proposed day care home. (b) Large family day care homes shall be operated in a manner not exceeding the noise level in the Tustin Noise Ordinance, nor shall such day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring properties. A day care home shall, by design, location and layout, avoid any potential noise which may constitute a nuisance to neighboring properties. (c) A permit shall not be granted for a large family day care home that would be established within 300 feet of the exterior property boundaries of any existing licensed large family day care home. (d) All property owners within a 100 foot radius of the exterior property boundary of a proposed large family day care home, as shown on the last equalized County assessment roll, shall be notified of the intent to establish such a home. Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 28 (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. (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, side, and rear yard setback: Same as required for primary uses in the district (e) Building requirements and indoor and outdoor space required per child are established by the Building Code and pursuant to California Health and Safety Code (f) 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) 41. 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: Ordinance No. 1367 CA 10-002 Use Determinations Page (29 (a) Established in conjunction with a supermarket in compliance with the zoning, building and fire codes of the City of Tustin (b) Located within 30 feet of the entrance to the supermarket and shall not obstruct pedestrian or vehicular circulation (c) Does not occupy parking spaces required by the primary use (d) Occupies no more than 50 square feet of floor space per installation, including any protective enclosure (e) Maximum height: 8 feet (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 1 Q) Operating hours shall be at least the operating hours of the supermarket (host use), but may be 24 hours (k) Illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn (I) Outdoor storage of any kind is prohibited (2) Vending Machines (Bulk) are subject to the following provisions: (a) Established in conjunction with an existing supermarket which is in compliance with the zoning, building and fire codes of the City of Tustin (b) No larger than 500 square feet and not occupying any parking spaces required by the primary use (c) Maximum height: 10 feet (d) Shall not obstruct pedestrian or vehicular circulation, and shall be located within 100 feet of the host use (e) Minimum setbacks: 10 feet from any property line Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 30 (f) Accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Orange County Fire ( °' Authority and Health Department (g) No power-driven processing equipment except for reverse vending machines shall be used (h) Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule; (i) All recyclable material shall be stored internally (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 j 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 42. Section 9271cc 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 Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 31 (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 i (9) Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities shall be prohibited i, (10) 24-hour operation is prohibited 43. 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 Ordinance No. 1367 CA 10-002 Use Determinations Page (32 (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 entrylexit 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 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 i i (b) Minimum distances between on-site sales establishments, except for I_ 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 44. 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 Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 33 Zoning Code unless otherwise specifically exempted pursuant to an approved Conditional Use Permit. (b) Findings, including, but not limited to the following, shall be made by the Planning Commission prior to approving a Conditional Use Permit for construction of a building where greater than fifty percent (50%) of the total floor area or any portion of the ground floor area is designated for occupancy by professional or general offices: Development or construction of professional or general office buildings would be more compatible with surrounding uses in the area than permitted retail commercial uses on the subject property. (c) Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty percent (50%) of the total floor area is exempt from office development use criteria. (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 i ._ 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. ii. 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. Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 34 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. 45. Section 9276c(3) is hereby amended as follows: (3) All wireless communication facilities to be located within City of Tustin public right-of-way or on property owned by the City of Tustin shall be exempt from the regulations and guidelines contained herein. 46. Section 9297 definition for General Office is hereby added as follows: "General Office" means an office for the conduct of any of the following uses or uses determined by the Community Development Director and/or the Planning Commission to be similar: accountants, advertising agency, contractors and building consultants, drafting, economic consultant, escrow, insurance, public utility office (not including corporate yards), real estate offices 47. Section 9297 the following definitions are hereby amended as follows: "Day Care Center" -pursuant to California Health and Safety Code defined as ~ any child day care facility other than a family day care home and includes infant centers preschools extended day care facilities, and school age child care centers. „ ~~ "Large Family Day Care Home" pursuant to California Health and Safety Code definition and the development standards in TCC Section 9271 aa. fiuo~~ "Massage~a~la~Establishment" shall mean any establishment required to be licensed pursuant to Section ~ 3626 of the Tustin City Code. Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 35 ~~ t i "Professional Office" means an office for the conduct of any of the following uses ~ or uses determined by the Community Development Director andior the Planning Commission to be similar: Asseueta~t-architect, attorney, chiropractor, dentist designer, doctor, draftsman, engineer, land planner, ophthalmologist or optometrist, ~rspe podiatrist, ,surveyor, de+~tast~ physician, a+~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. 48. Section 9299b(3)(L) is hereby added as follows: L. Dance studios 49. 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. 50. 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. Ordinance No. 1367 CA 10-002 Use Determinations Page ~ 36 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 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the _cn day of , 2010 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk S:1Cdd\ORDINANC\2010\1367 (CA 10-002 Use Determination).docx