HomeMy WebLinkAboutORD 1367 (2010)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.
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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) aerie-~~ the following uses,
for uses which1 in the opinion of the Communitv Development Director and/or the
Planning Commission1 are similar;Z 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 ,
..
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 Communitv
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) ~e~ae-fit o~ the following uses jor uses
which, in the opinion of the Communitv Development Director and/or the Planning
Commission1 are similar;Zwill be allowed; subject to the development standards of
this Chapter_
5. Section 9222a4 is hereby amended as follows:
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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) r~e+ae-~# o~ the following uses,-
jor uses whichl in the opinion of the Community Development Director and/or the
Planning CommissionLare similar;Lwill be allowed; subject to the development
standards of this Chapter.
7. Section 9223a4 is hereby amended as follows:
Small family day care homes~eFSk~ildr~e~a-subject to the provisions set forth in
Section 9271 as
8. Section 9223a6 is hereby amended as follows:
Large family day care homes; (subject to the provisions set forth in Section
9271aa ,
afieas:
. ;
#e~e:
Ordinance 1367
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e&:
6k~+ldre~
9. Section 9223b is hereby amended as follows:
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Single Family Residential District (R-1) subiect to the
issuance of a Conditional Use Permit.
10. Section 9224b is hereby repealed and replaced in its entirety as follows:
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar), with the
exception of home occupations (which are a permitted use), may be conditionally
permitted in the Planned Development District (P-D) subject to the issuance of a
Conditional Use Permit.
1. Any use permitted or conditionally permitted in any residentially zoned district is
conditionally permitted in the Planned Development District (PD) (except second
residential units are not permitted)
Z. Apartment houses
3. Bungalow courts
4. Condominiums (as defined in the Civil Code)
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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 Communitv Development Director and/or the Planning Commission,
are similar), will be allowed; subject to the development standards of this Chapter.
1. All uses conditionally permitted in the R-1 District, subject to a ese-yer~+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 Communitv
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Duplex Residential District (R-2) subject to the issuance
of a Conditional Use Permit.
1. Triplex (single structure)
(a) Maximum height: 35 feet
(b) Minimum building site area: 7,200 square feet
(c) Minimum lot width at property line: 60 feet
(d) Maximum lot coverage: 50 percent
(e) Minimum front yard setback: 20 feet
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
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(g) Minimum rear yard setback: 10 feet
(h) Minimum lot area per family unit: 3,500 square feet
{+~-Repealed-
b}--k~epeale~-
2. Day are center (as
defined in the Health and Safety Code)
4g}-F~epealec~:
e~play#iel~#:
~-}--F~epealed•:
13. Section 9226a is hereby amended as follows:
a Permitted Uses and Development Standards
In the Multifamily Residential District (R-3), ~e~e-bt-t 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 conditionally permitted in the R-2 District, subject to a use-pe+t-
Conditional Use Permit
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(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
. ,
{~k)--Repealed-
2. Multiple family dwellings, apartment houses
(a) Maximum height: 35 feet
(b) Minimum building site area: 7,000 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 65 percent
(e) Minimum landscape open space: 35 percent
(f) Minimum front yard setback: 15 feet (unless otherwise indicated on zoning
maps)
(g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 10 feet
(i) Minimum lot area per family unit: 1,750 square feet
3. Accessory building normally incidental to any of the above. This shall not be
j construed as permitting any commercial use or occupation other than those
specifically listed.
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(a) Maximum height: 20 feet
4. Home occupations in accordance with this Chapter.
14. Section 9226b is hereby repealed and replaced in its entirety as follows:
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Multiple Family Residential District (R-3) subject to the
issuance of a Conditional Use Permit.
1. Community centers, social halls, lodges, clubs, rest homes, extended care
facilities,-convalescent hospitals, and sanitariums
(a) Maximum height: 40 feet
(b) Minimum building site: 7,500 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
2. Condominiums (as defined in the Civil Code), Community Apartment Projects (as
defined in the Business and Professions Code), and Stock Cooperatives (as
defined in the Business and Professions Code) when developed, or to be
developed, pursuant to the criteria of the Planned Development District
3. Day care center (subject to Section 9271 aa2)
4. Hotels, motels and boarding houses
(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
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(g) Minimum rear yard setback: 25 feet
(h) Minimum common open space for boarding houses: 300 square feet per
boarding or rooming house and 50 square feet per occupant. Common open
space shall consist of unenclosed or partially enclosed areas set aside for
passive and active recreational uses. Common open space shall not include
driveways, parking areas, or required front and side yard setback areas.-
(i) Minimum private open space for boarding houses: 25 square feet per
occupant. Private open space shall consist of partially enclosed areas set
aside for passive and active recreational uses that are assigned to individual
occupants and/or rooms, such as private patios or balconies
5. Multiple family dwellings: Reconstruction/replacement
Multiple family dwellings damaged or destroyed due to catastrophic events may
be reconstructed or replaced by new identical construction pursuant to the same
development standards applied to the damaged or destroyed dwelling units.
However, repair or replacement construction shall comply with all current building
and fire code regulations.
6. Professional office use
(a) Maximum height: 40 feet
(b) Minimum building site: 7,000 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: 15 feet (unless otherwise indicated on Zoning
Maps)
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
7. Swim Schools
15. Section 9227a is hereby amended as follows:
8227 ""nail Gun~~c MOBILE HOME PARK DISTRICT (MHP)
a Conditionally Permitted Uses
In the 4~4ebile#e~e Mobile Home Park District (MHP), nee-bt+t only the following
uses; (or uses whichl in the opinion of the Community Development Director and/or
the Planning Commission1 are similar w+ll• mfr be permitted; subject to the g
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issuance of a Conditional Use Permit; and s~je~s#-fie the development standards of
this Chapter:,
1. Accessory buildings and service structures (permanent)
a-2. AAebilek3eme Mobile home park
~3. Travel trailer parks
16. Section 9228a and Section 9228b are hereby repealed and replaced in their entirety as
follows:
a Permitted Uses
In the Suburban Residential District (R-4) only the following uses (or uses which,
in the opinion of the Community Development Director and/or the Planning
Commission, are similar) will be allowed, subject to the development standards of
this Chapter.
1. Accessory buildings or uses
2. Farming (general) of agricultural crops on the land and grazing, but not including
any poultry or animal raising enterprise conducted on a commercial basis
3. Home occupations in accordance with this Chapter
4. Recreation areas (public) and buildings, parks, playfields and playgrounds
5. Residential uses (all of a permanent character, placed in permanent locations)
(a) single-family dwellings
(b) two (2) or more detached one-family dwellings
(c) two-family dwellings
(d) multiple-family dwellings and apartment houses
6. Large family day care home (subject to the provisions set forth in Section
9271 aa)
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Suburban Residential District (R-4) subject to the
issuance of a Conditional Use Permit.
1. Boarding Houses
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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
E simultaneously for residential and professional purposes)
2. Advertising agencies
3. Automobile broker (office-use only)
4. Banks, financial institutions, and savings and loans (no drive-thru)
5. Collection agencies
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. Ofhce uses -including professional and general (as defined in Section 9297)
12. Personnel agencies
13. Pharmacies- dispensing and selling only drugs, medicines and health
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14. Photographers
15. Single-family dwellings and those accessory structures, buildings and uses
normally incidental to the uses of a building or premises for single-family
occupancy subject to the requirements of the R-1 District
16. Social work
17. Stock brokers
18. Title insurance companies
19. Travel agencies
18. Section 9231 d is hereby repealed and replaced in its entirety as follows:
d Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Professional District (Pr) subject to the issuance of a
Conditional Use Permit.
1. Adult entertainment booking agencies (as defined in Section 3141 and subject to
the provisions set forth in Chapter 9)
2. Banks, financial institutions, and savings and loans
3. Drive-thru facilities
4. Professional, instructional, motivational and/or seminar schools
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
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(b) Antiques and curios
(c) Appliance stores
(d) Art galleries
(e) Bakeries
(f) Bicycle sales (including repairs)
(g) Books and stationeries
(h) Ceramics (not including molding, casting or manufacturing by any process)
(i) Clothing
Q) Confectioneries
(k) Department stores
(I) Drug stores (including sundries and notions)
(m) Dry goods
(n) Florist shops
(o) Food markets
(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)
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(bb) Variety stores
2. Service businesses, exemplified by the following list, including any retail sales
incidental thereto, when conducted within a building:
(a) Banks, financial institutions and savings and loans (including those
providing drive-thru service)
(b) Barber shops
(c) Beauty parlors
(d) Dance studios
(e) Dry-cleaning or laundry agencies (pick-up and delivery only)
(f) Equipment rental business conducted within a building (light materials i.e.
party supplies, household appliances, small household tools, medical
equipment, etc.)
(g) Laundromats or other self-service laundering facilities
(h) Locksmiths
(i) Martial Arts studios
(j) Recycling facilities or reverse vending machines (as defined in Section
9297 and subject to the provisions set forth in Section 9271 bb)
(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
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The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Retail Commercial District (C-1) subject to the issuance
of a Conditional Use Permit.
1. Adult bookstores (subject to the provisions set forth in Chapter 9)
2. Adult entertainment booking agencies (as defined in Section 3141 and subject to
the provisions set forth in Chapter 9)
3. Alcoholic beverage sales establishments subject to the provisions set forth in
Section 9271 dd and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
4. Animal hospitals or clinics (small animals)
5. Automotive supplies (installation of minor replacement parts and accessories
within an enclosed building)
6. Bakeries (wholesale)
7. Bowling alleys
8. Churches and other religious assemblies
9. Clubs and social halls
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
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floor area is designated for occupancy by professional or general offices (as
defined in Section 9297) subject to office use criteria as set forth in Section
9271ee
21. Parking lots (commercial)
22. Pharmacies with drive-thru
23. Recycling Facilities or reverse vending machines (bulk) as defined in Section
9297 and subject to the provisions of Section 9271
24. Rest homes, extended care facilities, convalescent hospitals, and sanitariums
25. Service stations
(a) Maximum height: 35 feet
(b) Minimum building site: 10,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage by building or structures: 50 percent
(e) Minimum front yard setback: 15 feet unless otherwise indicated on Zoning
Map
(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:
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(a) Clothing apparel receiving and distributing
(b) Electronics stores
(c) Furniture consignment sales
(d) Nurseries
4. Service uses, exemplified by the following list, including any retail sales incidental
thereto:
(a) Bowling alleys
(b) Coin operated machinery -repairs, sales and services
(c) Electronics research laboratories and prototype assembly
(d) Mortuaries
21. Section 9233c is hereby repealed and replaced in its entirety as follows:
c Conditionally Permitted Uses
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
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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
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:
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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
(b) Interior decorator
(c) Job printing and document reproduction
(d) Studios/galleries
27. Section 9235c is hereby repealed and replaced in its entirety as follows:
c Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and/or the Planning Commission, are similar) may be permitted in the
Commercial General (CG) District subject to the issuance of a Conditional Use
Permit.
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:
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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
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)
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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.
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 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)
Ordinance 1367
Page 21 of 35
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
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_~-efde~ttaat tie 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_~sept 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 ~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 subiect to the development standards of this
Chapter.
Ordinance 1367
Page 22 of 35
The uses permitted in any P-C District shall be those designated on the approved
development plan, ~-t#a#-ir- In the event that such approved usage does
not conform to the General Plan of the City, the p~ General Plan s#a1t
m~be amended pursuant to the General Plan Amendment process to conform
to the development plan. Said amendment may be processed simultaneous with
the amending of the zoning ordinance classifying the area P-C.
2. The continued use of land within a P-C District for agricultural purposes shall be
permitted.
3. Grading shall be permitted within a P-C District outside of an area of immediate
development subject to #~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 homes; (subject to the provisions set forth in Section
9271aa
subject to
,Section 52.2~a-5 9271 aa.
6. Reverse vending machines (as defined in Section 9297 and subject to standards
contained in ection ~~'~~~-9271 bb)
e Procedures
Any application for a zone change to permit the establishment of a P-C District
shall be made pursuant to Section 9295 of this Chapter and shall be
accompanied by a development plan for the entire parcel which is the subject of
the application. Said development plan shall be subject to the processing of a
se~tienal use-per~+t Conditional Use Permit ifl g included within the
plan, are areas designated for professional or general ofi'ices 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 wilding
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;
Ordinance 1367
Page 23 of 35
(c) Approval of a Conditional Use Permit by the Planning Commission
prior to development; or
(d) In the event that bulk vending machines and/or a large collection
facility ' are part of an approved development
plan, said uses shall be subject to all standards contained in tt-ie--S-~-
Bist~ist-reg~la#-ieas; Section 9~b 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
Ordinance 1367
Page 24 of 35
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 "~-Bis#~ists residential districts shall not be located closer
than five (5) feet to any side or rear lot line, nor '
f n
f t
within those areas described by Section
9271 i(1)(b) or 9271 i(1)(c).
39. Section 9271 v is hereby amended as follows:
Ordinance 1367
Page 25 of 35
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 notii•ted 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
Ordinance 1367
Page 26 of 35
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:
(a) Established in conjunction with a supermarket in compliance with the zoning,
building and fire codes of the City of Tustin
Ordinance 1367
Page 27 of 35
(b) Located within 30 feet of the entrance to the supermarket and shall not
obstruct pedestrian or vehicular circulation
i
(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
(g) No power-driven processing equipment except for reverse vending
machines shall be used
Ordinance 1367
Page 28 of 35
(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
(4) Site shall be maintained free of litter, pests, vermin and any other undesirable
materials at all times and shall be cleaned of loose debris on a daily basis
(5) Exterior noise levels shall not exceed 60 dBA
Ordinance 1367
Page 29 of 35
(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%) of the gross floor area,
subject to the following minimum distance regulations:
(a) 300 feet from any residentially zoned or used property; and
500 feet from any other existing off-site sales establishment; and
600 feet from any church, place of worship, public or private school, park,
playground, clinic, hospital, health care facility or convalescent home; and
600 feet from any existing on-site sales establishments, except restaurant
establishments
(b) Minimum distances between off-site sales establishments and residentially
zoned or used property, churches, places of worship, public or private
schools, parks, playgrounds, clinics, hospitals, health care facilities and
convalescent homes shall be computed by measuring the distance from the
closest entry/exit provided for public/customer access of the off-site sales
establishment to the property line of any of the above uses (whether inside or
outside the City boundaries)
(c) Minimum distances between off-site sales establishment and another off-site
or on-site sales establishment, except for restaurant establishments, (whether
inside or outside the City boundaries) shall be computed by measuring the
distance between the closest exterior structural walls of each use
Ordinance 1367
Page 30 of 35
(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
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.
Ordinance 1367
Page 31 of 35
(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.
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.
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.
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:
Ordinance 1367
Page 32 of 35
"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 Safetv Code defined as
anv child day care facility other than a family day care home, and includes infant
centers, preschools, extended day care facilities, and school age child care centers.
« „
" „
"Large Family Day Care Home" pursuant to California Health and Safetv Code
definition and the development standards in TCC Section 9271 aa. +~ea+as-ate
tVlFel'~@~ e
-
"Massage~leFEstablishment" shall mean any establishment required to be
licensed pursuant to Section ~7-1-1- 3626 of the Tustin City Code.
,~ ~~ ,
"Professional Office" means an office for the conduct of any of the foll~wing~
uses enl-y or uses determined by the Community Development Director' i~nd/br the
Planning Commission to be similar: Asseu~tar~~architect, attorney, chirop€actor,
optometrist, sledist podiatrist, ;surveyor, d~
physician, and surgeon or anv others licensed by the State of California to pracfiice
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
Ordinance 1367
Page 33 of 35
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
6`h day of April, 2010.
FEi(VIELA STOKE
CiT`Y ~;LERK
Ordinance 1367
Page 34 of 35
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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 five; that the above and foregoing Ordinance No. 1367 was duly and
regularly introduced and read at the regular meeting of the City Council held on the 16th day of
March 2010, and was given its second reading, passed and adopted at a regular meeting of the
City Council held on the 6th day of April 2010, by the following vote:
COUNCILPERSONS AYES: Amante. Nielsen. Davert. Palmer Gavello (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILf~ERSONS ABSENT: __None (0)
~n
PA,JPELA S7~KE
CITX CLERK
Ordinance 1367
Page 35 of 35