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HomeMy WebLinkAbout16 ORDINANCE NO. 1411Agenda Item 16 Reviewed: AGENDA ~;EPORT City Manager Finance Director `'~/A MEETING DATE: MARCH 20, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: PATRICIA ESTRELLA, CITY CLERK SERVICES SUPERVISOR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1411, MINOR ZONING TEXT AMENDMENT SUMMARY: Draft Ordinance No. 1411 would standardize the way Zoning Districts are referenced throughout the Zoning Code to ensure additional consistency with the City Council- approved Zoning Map and also make other minor corrections to the Tustin Zoning Code. On February 14, 2012, the Tustin Planning Commission adopted Resolution 4187 recommending that the Tustin City Council approve Code Amendment 2012-001. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1411 (roll call vote). FISCAL IMPACT: None. BACKGROUND: On March 6, 2012, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IMPLEMENTING MINOR TEXT AMENDMENTS TO THE TUSTIN CITY CODE TO PROVIDE ADDITIONAL CONSISTENCY WITH THE TUSTIN ZONING MAP atricia Estrella City Clerk Services Supervisor ORDINANCE NO. 1411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IMPLEMENTING MINOR TEXT AMENDMENTS TO THE TUSTIN CITY CODE TO PROVIDE ADDITIONAL CONSISTENCY WITH THE TUSTIN ZONING MAP The City Council of the City of Tustin ordains: Section 1. The City Council finds and determines as follows: A. That the City of Tustin is proposing Code Amendment 2012-001 to implement minor text amendments to the Tustin City Code to provide consistency within the Tustin Zoning Map and other minor corrections. B. That a public hearing was duly called, noticed, and held on said application on February 14, 2012, by the Tustin Planning Commission. Following the public hearing, the Planning Commission adopted Resolution 4187 recommending that the Tustin City Council approve Code Amendment 2012-001 by adopting Ordinance No. 1411. C. That on March 6, 2012, a public hearing was duly noticed, called, and held before the City Council concerning Code Amendment 2012-001 (Ordinance No. 1411). D. That Ordinance No. 1411 is exempt from environmental review under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. This revision has no possibility for significant effect on the environment; therefore, Ordinance No. 1411 is not subject to CEQA. E. That Code Amendment 2012-001 (Ordinance No. 1411} is considered minor, proposes no revisions that would alter the development potential of any property in the City, and is therefore consistent with the Tustin General Plan. Section 2. Sections 9211 through 9214 of Part 1 of Chapter 2 of Article 9 of the Tustin City Code are hereby amended to read as follows: 9211 -ADOPTION OF ZONING CODE This Chapter establishes comprehensive zoning regulations for the City of Tustin. This Chapter shall be known by the following short title: "The Zoning Code of the City of Tustin." 9212 -PURPOSE OF CHAPTER The purpose of this Chapter is to set forth City regulations governing the development and use of land in accordance with the City of Tustin General Plan. This Chapter divides the City of Tustin into zoning districts consistent with the General Plan Land Use Element. It further provides regulations for uses, height, bulk, setbacks, open spaces, Ordinance No. 1411 Page 2 size of buildings and structures, and population densities. These regulations are necessary for the orderly use of land, for the provision of adequate light and air, to prevent overconcentration of population, to provide adequate community facilities and utilities, and to promote the public health, safety, and general welfare. 9213 -ZONING DISTRICTS a Zoning Districts Enumerated There are hereby established zoning districts which are designated as follows: Residential Zoning Districts RA Residential Agricultural District E4 Residential Estate District R1 Single Family Residential District PD Planned Development District R2 Duplex Residential District R3 Multiple Family Residential District MNP Mobilehome Park District R4 Suburban Residential District Commercial Zoning Districts Pr Professional District C1 Retail Commercial District C2 Central Commercial District C3 Heavy Commercial District CG Commercial General District Industrial and Other Zoning Districts PM Planned Industrial District M Industrial District U Unclassified District PC Planned Community District P&I Public and Institutional District b Combining and Overlay Districts In addition to the zoning districts established above, a combining district, overlay district, or any other special zoning district may be established by the Tustin City Council to supplement the zoning district far one or more of the following purposes: 1. To allow more flexibility from the standard provisions of the underlying zoning district; 2. Provide a higher level of regulation than that required by the underlying zoning district when special provisions are needed to protect unique site features or implement location-specific standards; and/or 3. To specify a particular standard or guideline for an area. Ordinance No. 1411 Page 3 In cases where conflicting standards are given by a combining or overlay district and the underlying zoning district, those of the combining or overlay district shall apply. The boundaries of a combining or overlay district may or may not coincide with the boundaries of the underlying zone, and a combining or overlay district may contain parts of more than one zoning district. Combing and overlay district regulations are set forth in Part 5 of this Chapter. c Zoning District Boundaries The boundaries of the zoning districts designated and established herein are as shown on that certain map entitled "ZONING MAP OF THE CITY OF TUSTIN" incorporated herein and made a part of this Chapter by reference as if herein fully set forth and to which reference is hereby made for full particulars as to the location of the areas shown within said districts. The districts shown are hereby declared to be subject to the regulations pertaining to such designated districts as said regulations are set forth in Parts 2, 3, 4 and 5 of this Chapter. d Uncertain Boundaries Where the exact boundaries of a zoning district cannot be readily or exactly ascertained by reference to the Zoning Map of the City of Tustin, the boundary shall be deemed to be along the nearest street or lot line, as the case may be. If a zoning district boundary line divides or splits a lot, the lot shall be deemed to be included within the district which is the more restrictive. The provisions of this Section shall not apply to acreage. e Prezoning of Unincorporated Territory Said Zoning Map of the City of Tustin may also contain, from time to time, zoning districts designated for areas not lying within the corporate boundaries of the City of Tustin. The designations of zones fixed by prezoning pursuant to this Section of any unincorporated territory adjoining the City shall become the effective designated zoning district of said property at the same time that the annexation of such territory becomes effective. Any territory hereafter included within the City of Tustin, which, at the time of its annexation becomes effective does not have a zoning district designated by prezoning, shall be designated by the district which the territory bore under the County Zoning Ordinance, provided this Chapter has a district bearing the same designation. Any such land which did not bear a designation under the County Zoning Ordinance which is contained in this Chapter shall be designated as being in the "U", or Unclassified District. 9214 -ZONING DISTRICT REGULATIONS Except as provided in Parts 2, 3 and 4 of this Chapter, no structure shall be erected, reconstructed, enlarged, altered or moved; nor shall any building or land be used except as hereinafter specifically provided and allowed in the zoning district in which such structure and land are located. Ordinance No. 1411 Page 4 Section 3. Section 9221 a of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9221 -RESIDENTIAL AGRICULTURAL DISTRICT (RA} a Permitted Uses and Development Standards In the Residential Agricultural District (RA) 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. Section 4. Section 9221 b of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read 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 (RA} subject to the issuance of a Conditional Use Permit. Section 5. Section 9222a of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9222 -RESIDENTIAL ESTATE DISTRICT (E4} a Permitted Uses and Development Standards In the Residential Estate District (E4) 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. Section 6. Section 9223a of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9223 -SINGLE FAMILY RESIDENTIAL DISTRICT {R1) a Permitted Uses and Development Standards In the Single Family Residential District (R1) 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. Section 7. Section 9223b of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read 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 Ordinance No. 1411 Page 5 permitted in the Single Family Residential District (R1} subject to the issuance of a Conditional Use Permit. Section 8. Sections 9224a and 9224b of Part 2 of Chapter 2 of Article 9 of the Tustin City Code are hereby amended to read as follows: 9224 -PLANNED DEVELOPMENT DISTRICT (PD) a Purpose The PD, Planned Development District, is hereby authorized to provide for garden apartment development, regulated so as to cover a minimum of ground area and provide a maximum of open space. This zone will provide most of the desirable residential characteristics found in single family residence areas. 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 (PD) subject to the issuance of a Conditional Use Permit. Section 9. Section 9224d.1. of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: d Submittal of Final Development Plans. Detail to be shown: Every application for a building permit for the development of property in the PD District shall be re-submitted for approval to the Planning Commission, and shall be accompanied by detailed architectural drawings, and plot plans, all to a workable scale, showing the elevation and location of the proposed buildings; proposed location and type of landscaping; use and treatment of grounds around such buildings or structures; off-street parking, physical features such as trees, hydrants, electric and telephone poles, flood lights, driveways, fences, signs, proposed drainage, sewage disposal facilities and any other pertinent information considered appropriate by the applicant or Planning Commission to bring the development within the purpose of this District. Section 10. Section 9224e.3. of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: e Development Standards 3. If any parcel zoned PD is to be developed in accordance with the provisions set forth for this District and said parcel abuts a street not improved to City standard, the owner shall dedicate the necessary street easement to the City and improve said street so as to be in accordance with the design standards and specifications of The City prior to the issuance of a utility release by the Building Division. Ordinance No. 1411 Page 6 Section 11. Section 9224g.1. through 9224.g.3. of Part 2 of Chapter 2 of Article 9 of the Tustin City Code are hereby amended to read as follows: g Specific Standards Height limit (a) None, except as limited herein below. (b) When a lot in the PD District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said PD lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within one hundred fifty (150) feet of said RA, E4 or R1 zoned property, unless a Conditional Use Permit is granted . (c) Further, no main building shall be erected on said PD lot to a height to exceed three (3) stories, and/or fifty (50) feet, whichever is more restrictive, within three hundred (300) feet of said RA, E4 or R1 zoned (developed or undeveloped) property, unless a Conditional Use Permit is granted. 2. Side yard (a) When any interior side property line of a lot in the District abuts property in the RA, E4 or R1 District, each dwelling shall have a required side yard along said property line of not less than fifteen (15) feet with landscaping. (b) When any interior side property line of a lot in the PD District abuts property in the PD District or any other District not set forth in Paragraph (a) above, there shall be a required side yard along that side property line of not less than five (5) feet regardless of the height of the dwelling on the lot. (c} When any interior side property line of a lot in the District abuts a lot or lots having zone classifications of RA, E4, or R1 and any other District, Paragraph (a} above shall apply in the determination of the required side yard along that entire interior side property line. (d) On corner lots, the side yard on the street side shall not be less than ten (10) feet 3. Rear yard (a) When any lot zoned PD has a rear property line abutting property in the RA, E4 or R1 District, each dwelling shall have a required rear yard of not less than fifteen (15) feet with landscaping. (b) When any lot zoned PD has a rear property line abutting a lot in any other District not set forth in paragraph (a) above, there shall be a required rear yard of not less than ten (10) feet. Ordinance No. 1411 Page 7 (c) When any lot in the PD District has a rear property line common to a property line of a lot or lots having zone classification of RA, E4 or R1 and any other District, paragraph (a) above shall apply in the determination of the required rear yard along that entire rear property line. Section 12. Section 9224g.5. of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 5. Minimum number of square feet required for each housekeeping unit There shall be no minimum lot size established in any PD Planned Development. However, the minimum number of square feet of land required for each family or housekeeping unit in a Planned Development shall be as designated by the number following the symbol "PD" on the particular Official Zoning Map. This provision shall not govern any PD Planned Development Zone established prior to the adoption of this Subsection. Section 13. Section 9224g.8. of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 8. Subdivision of property development within the District Upon completion of a property development in the PD District, no portion of the property involved in said development shall be severed or sold, unless said severed parcel and the development thereon complies with all provisions set forth for the PD District and is approved by the Director of Community Development prior to such subdivision. Section 14. Section 9225a of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9225 -DUPLEX RESIDENTIAL DISTRICT (R2) a Permitted Uses and Development Standards In the Duplex Residential District (R2), only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards of this Chapter. All uses conditionally permitted in the R1 District, subject to a Conditional Use Permit. (a) Maximum height: As specified in the R1 District (b) Minimum building site area: As specified in the R1 District (c) Minimum lot width: As specified in the R1 District (d) Minimum lot coverage: As specified in the R1 District (e) Minimum yard setbacks: As specified in the R1 District (f) Minimum lat area per family unit: 3,500 square feet (g) Repealed. (h) Repealed. Ordinance No. 1411 Page 8 Section 15. Section 9225b of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read 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 (R2) subject to the issuance of a Conditional Use Permit. Section 16. Section 9225c of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: Maximum Height, Exception Notwithstanding any provision to the contrary contained in this Section 9225, when a lot in the R2 District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said R2 lot to a height to exceed one (1) story, and/or twenty (20} feet, whichever is more restrictive, within one hundred fifty (150) feet of said RA, E4 or R1 zoned property, unless a Conditional Use Permit is granted. Section 17. Section 9226a of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9226 -MULTIPLE FAMILY RESIDENTIAL DISTRICT (R3) a Permitted Uses and Development Standards In the Multifamily Residential District (R3), 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 R2 District, subject to a Conditional Use Permit (a) Maximum height: As specified in the R2 District (b) Minimum building site area: As specified in the R2 District (c) Minimum lot width at property line: As specified in the R2 District (d) Maximum lot coverage: As specified in the R2 District (e) Minimum landscape open space: 35 percent (f) Minimum front yard setback: As specified in the R2 District (g) Minimum side yard setback: As specified in the R2 District (h) Minimum rear yard setback: As specified in the R2 District (i) Minimum lot area per family unit: 1,750 square feet Ordinance No. 1411 Page 9 Section 18. Section 9226b of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read 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 (R3) subject to the issuance of a Conditional Use Permit. Section 19. Section 9226c of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: c Maximum Height, Exception Notwithstanding any provision to the contrary contained in this Section 9226, when a lot in the R3 District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said R3 lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within one hundred fifty (150) feet of said RA, E4 and R1 zoned property, unless a Conditional Use Permit is granted. Section 20. Section 9228a of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9228 -SUBURBAN RESIDENTIAL DISTRICT (R4) a Permitted Uses In the Suburban Residential District (R4) 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. Section 21. Section 9228bof Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read 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) may be conditionally permitted in the Suburban Residential District (R4} subject to the issuance of a Conditional Use Permit. Section 22. Section 9228d of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: d Maximum Height, Exception Notwithstanding any provision to the contrary contained in this Section 9228, when a lot in the R4 District abuts at any point along its property lines or is directly across a Ordinance No. 1411 Page 10 street or alley from property zoned RA, E4 or R1 (developed or undeveloped}, no main building shall be erected on said R4 lot to a height to exceed one (1) story, and/or twenty (20} feet, whichever is more restrictive, within one hundred fifty (150) feet of said RA, E4 or R1 zoned property, unless a Conditional Use Permit is granted. Section 23. Section 9231a15. of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 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 R1 District Section 24. Section 9231 c of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: c General Conditions and Regulations for Permitted Uses General conditions and regulations of building and site use for all permitted uses except single-family dwellings and those accessory structures, buildings and uses normally incident to the uses of a building or premises for single- family occupancy, subject to the requirements of the R1 District: Section 25. Section 9232a of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9232 -RETAIL COMMERCIAL DISTRICT (C1} a Permitted Uses In the Retail Commercial District (C1), 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. Section 26. Section 9232b of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read 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) may be conditionally permitted in the Retail Commercial District (C1} subject to the issuance of a Conditional Use Permit. Section 27. Section 9232d(1) of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: d Use Criteria-Office Development (1) Office developments within the Retail Commercial District (C1) shall be constructed to conform with the parking standards for retail commercial uses on Ordinance No. 1411 Page 11 the first floor area of the building unless otherwise specifically exempted pursuant to the approved Conditional Use Permit. Section 28. Section 9233a1 of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9233 -CENTRAL COMMERCIAL DISTRICT (C2) a Permitted Uses In the Central Commercial District (C2), 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 C1 District, subject to the use and development criteria specified in Section 9232 (except uses listed as permitted below) Section 29. Section 9233c1 of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read 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 (C2) subject to the issuance of a Conditional Use Permit. 1. All conditionally permitted uses in the C1 District, subject to the development and use criteria specified thereto (uses listed in Section 9233a are permitted). Section 30. Section 9234a1 of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9234 -HEAVY COMMERCIAL DISTRICT (C3) a Permitted Uses In the Heavy Commercial District (C3) 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 C1 and C2 Districts, subject to the use and development criteria specified thereto (except uses listed as permitted below) Ordinance No. 1411 Page 12 Section 31. Section 9234c1 of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read 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 (C3) subject to the issuance of a Conditional Use Permit. 1. All uses listed as conditionally permitted in the C1 and C2 Districts subject to the use and development criteria specified thereto (except schools, churches, and outdoor sales establishments). Uses listed in Section 9234a are permitted. Section 32. Section 9235b1 of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 1. All uses listed as permitted in the C1 and C2 Districts subject to the use and development criteria specified thereto (except uses listed as permitted below) Section 33. Section 9235c1 of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 1. All uses listed as conditionally permitted in the C1 and C2 Districts subject to the use and development criteria specified thereto (except uses listed in Section 9235b are permitted) Section 34. Section 9235f(8} of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: (8) Suffix (supplemental provisions} Properties designated "CG PUD" on the Zoning Map shall require the submission and approval of design plans for a use permit pursuant to the requirements far Planned Unit Developments. Section 35. Sections 9244a through 9244c of Part 4 of Chapter 2 of Article 9 of the Tustin City Code are hereby amended to read as follows: 9244 -PLANNED COMMUNITY DISTRICT (PC) 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. The intent of this Chapter is to ensure 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 PC Districts are to be insured through the adoption of a Development Plan and/or the approval of Ordinance No. 1411 Page 13 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 PC 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. Application The entire parcel for which an application for rezoning or pre-zoning to PC 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. Section 36. Sections 9244d1 through 9244d3 of Part 4 of Chapter 2 of Article 9 of the Tustin City Code are hereby amended to read as follows: d Permitted Uses In the Planned Community District (PC), 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 PC 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 General Plan may 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 PC. 2. The continued use of land within a PC District for agricultural purposes shall be permitted. 3. Grading shall be permitted within a PC District outside of an area of immediate development subject to securing a grading permit. Section 37. Section 9244e1 of Part 4 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: e Procedures Any application for a zone change to permit the establishment of a PC 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 Ordinance No. 1411 Page 14 a Conditional Use Permit if, included within the plan are areas designated for professional or general office 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: Section 38. Section 9244f of Part 4 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: f. Conditionally Permitted Uses: The following uses (or uses which, in the opinion of the Community Development Director andlor the Planning Commission, are similar) may be permitted in the Planned Community District (PC) subject to the issuance of a Conditional Use Permit. Section 39. Section 9246 of Part 4 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9246 -MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP1 SPECIFIC PLAN) a Conditionally Permitted Uses The purpose of the MCAS Tustin Specific Plan District (SP1 Specific Plan) is to establish zoning regulations to guide the orderly development and improvement in accordance with the MCAS Tustin Specific Plan for that portion of the city which is designated as MCAS Tustin Specific Plan on the official zoning map of the city. The preparation and adoption of a specific plan is authorized by Chapter 3, Article 8 of the State of California Planning and Zoning Law (Government Code Sections 6540 et seq.}. The MCAS Tustin Specific Plan replaces the usual development standards otherwise applicable to most property within the City of Tustin. b Adoption of MCAS Tustin Specific Plan There is adapted the MCAS Tustin Specific Plan, the text of which is set forth in the document entitled "MCAS Tustin Specific Plan", as may be amended from time to time by the Tustin City Council. Applicability The SP1 Specific Plan District is established by this chapter. The provisions of this section shall apply to all property shown on the official zoning map within the SP1 Specific Plan District. The regulations set forth in the MCAS Tustin Specific Plan shall apply to the SP1 Specific Plan District only in so far as they are not inconsistent with the Tustin General Plan. d Permitted uses and development standards All property within the SP1 District shall be developed and maintained in accordance with all policies, requirements, regulations and provisions set forth in the MCAS Tustin Specific Plan. Ordinance No. 1411 Page 15 e Zoning adoption or change The SP1 District zoning shall be adapted or changed by the same procedure prescribed within the Tustin City Code for zoning district amendments and consistent with State of California Planning and Zoning Law. An amendment to the MCAS Tustin Specific Plan may be processed as described within Section 4.2.7 of the MCAS Tustin Specific Plan. Amendments to the MCAS Tustin Specific Plan may be adopted by ordinance and may be amended as often as deemed necessary by the Tustin City Council. Section 40. TABLE 1: PARKING REQUIREMENTS BY LAND USE of Part 6 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: Restaurants, cafes, cafeterias, 1 space for each 100 sq. ft. of gross floor lounges, or similar establishments at area, plus a minimum 7-car stacking space for which the consumption of food and drive-through, except no additional parking beverages occurs primarily on the spaces shall be required when a restaurant premises use replaces a retail, service, or office use an a property located within both the Central Commercial District (C2) and the Old Town Commercial General Plan land use description. No additional parking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than 50 percent of the restaurant's interior seating area; 1 additional parking space shall be required for each additional 100 sq. ft. by which the outdoor restaurant seating area exceeds the 50-percent threshold Restaurants, take out; including 1 space for each 250 sq. ft. of gross floor delicatessens, donut shops, coffee area, plus a minimum 7-car stacking space for shops, or similar establishments at drive-through, except no additional parking which the consumption of food and spaces shall be required when a restaurant beverages occurs primarily away use replaces a retail, service, or office use on from the premises a property located within both the Central Commercial District (C2) and the Old Town Commercial General Plan land use designation. No additional parking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than 50 percent of the restaurant's interior seating area; 1 additional parking space shall be required for each additional 250 sq. ft. by which the outdoor restaurant seating area exceeds the 50-percent threshold Ordinance No. 1411 Page 16 Section 41. Section 9271 i(2)(b) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: (b) Where any "R3", "R4", or "PD" zone abuts upon any R1 zone, there shall be constructed a solid masonry wall six feet eight inches (6'8") in height on the zone boundary line. Section 42. Section 9271 n(3) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: (3) Detached accessory structures, such as garages, carports, laundry and recreation buildings, may be constructed on the front one-half ('/2) of the lot, provided, however, that in any R3 or R4 District no garage, carport, or laundry building openings shall face an abutting street. Section 43. Section 9271 p of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: p Setback Requirements for Lots Developed Prior to Zoning Ordinance In the Single Family Residential (R1), Duplex Residential (R2), and Multiple Family Residential (R3) zoning districts, the minimum required side or rear yard setback for side or rear yard additions to existing structures (not including accessory structures except garages identified in the City's Historic Resources Survey} that are listed on the City's Historic Resources Survey shall be the same as the adjacent elevation of the existing side or rear yard setback of the original structure if the setback is less than the minimum setback required in the applicable residential district provided the requirements of the Uniform Building Code can be met and emergency access can be maintained. Section 44. Section 9271 s of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: s Location on Front Entrance on Side Lot Line In any "R" District, except "R1", where a dwelling unit is located on a lot so that the front entrance is located on any side lot line, the required side setback from the front setback line to such entrance shall not be less than eight (8) feet. Section 45. Section 9271 u of Part 7 of Chapter 2 of Article 9 of the Tustin City Cade is hereby amended to read as follows: u Building Lines Building lines are as stated in this Section unless otherwise shown on the Zoning Map. No building shall be closer to a property line or to the center line of any street or highway than the building line applicable thereto. Front side or rear yard abutting or street, measured from center line: Ordinance No. 1411 Page 17 Building Line for SECONDARY Building Line for PRIMARY Highway (80' RM/) Hig_hway 1100' R/W) DISTRICT Front Side Rear Front Side Rear RA 60' S0' 65' 70' 60' 75' E4 60' 50' 65' 70' 60' 75' R1 60' 50' 65' 70' 60' 75' R2 60' 50' 65' 70' 60' 75' R3 60' 50' 65' 70' 60' 75' C 1 55' 55' S5' 65' 65' 65' C2 55' 55' 55' 65' 65' 65' C3 55' S5' S5' 65' 65' 65' M 1 55' 55' S5' 65' 65' 65' PM 65' 65' 65' 75' 75' 75' Irvine Blvd. Front setback-Ten (10} feet from right-of-way line. First Street. Front setback-Ten (10} feet from front property line. From Prospect Avenue to Westerly City Limits. Section 46 Section 9271v of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 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 PD District. In residential districts, the suffix corresponds to the minimum lot area required per family unit. Section 47 Section 9271 x of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: x Highway Dedication and Improvement No building and no land shall be used for any of the commercial uses permitted in the C1, C2, C3 or M Zones, nor shall any certificate of use and occupancy therefor be issued by the Building and Safety Department, where the land upon which such building or land to be used for said uses abuts upon, and the ingress or egress to the said building or land is by way of or into or upon any existing highway or highways shown on the Master Plan of Streets and Highways, adopted by the City of Tustin, as amended, until and unless the right-of-way for such highway or highways to the width shown on "Standard Streets and Highways Plans" has been dedicated to or vested in the City of Ordinance No. 1411 Page 18 Tustin, and such right-of-way has been improved by installation of curbs, gutters, and street drainage, in full compliance with the City of Tustin Street Improvement Standards, as amended, or the owner has dedicated or irrevocably offered to dedicate such right-of- way and prepared plans for the improvement and has entered into an agreement with the City to make such improvements. In the event an agreement for the improvement is entered into, the City Council may require that the agreement be secured by a good and sufficient bond, or it may accept in lieu thereof a cash deposit, which bond or cash deposit shall be in an amount equal to the estimated cost of the improvement. Commercial use, as used in this section means any retail, wholesale, or manufacturing business, the carrying on of any profession, the operation of mobile home parks, hotels, or any business, but does not include farming, including all types of agriculture and horticulture, or the conducting of temporary stands for the sale of agricultural or farming products grown or produced in the premises as accessory use to the land, or the conducting of any home occupation. Section 48. Section 9271 cc(3) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: (3) Setbacks, height, lot coverage, and landscape requirements shall be those provided for in the C1 Zoning District unless it occupies an existing store front or building Section 49. Section 9271 cc(8) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: (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 C1 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 Section 50. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 20th day of March, 2012. ATTEST: JOHN NIE~SEN, MAYOR Ordinance No. 1411 Page 19 PAMELA STOKER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1411 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. 1411 was duly and regularly introduced and read at the regular meeting of the City Council held on the 6th day of March, 2012, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 20th day of March, 2012, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: