HomeMy WebLinkAboutORD 1411 (2012)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.
That a public hearing was duly called, noticed, and held on said application
• February 14, 2012, • 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 • 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:
Ordinance No. 1411
Page 1 of 22
This Chapter establishes comprehensive zoning regulations for the City of Tustin. FE
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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, 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
MHP 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
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Ordinance No. 1411
Page 2 of 22
U Unclassified District
PC Planned Community District
P&I Public and Institutional District
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 for 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.
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.
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.
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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.
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Ordinance No. 141
Page 3 • 22
Said Zoning Map of the City of Tustin may also contain, from time to time, zoning
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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.
Section 3. Section 9221 a of Part 2 of Chapter 2 of Article 9 of the Tustin City Code ism
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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.
Ordinance No. 1411
Page 4 of 22
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:
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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 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 Tust
City Code are hereby amended to read as follows: I
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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.
Ordinance No. 1411
Page 5 of 22
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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 F
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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.
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
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Ordinance No. 1411
Page 6 of 22
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(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.
Ordinance No. 1411
Page 7 of 22
(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.
(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 92248.5. 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 r-
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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. MIN
Ordinance No. 1411
Page 8 of 22
1. 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 RI 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 lot area per family unit: 3,500 square feet
(g) Repealed.
(h) Repealed.
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:
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:
c 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 RI 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
*rdinance No. 1411
Page 9 of 22
Planning Commission, are similar) will be allowed subject to the development 1 100
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
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
I
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:
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Ordinance No. 1411
Page 10 of 22
OR
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 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 9231c of Part 3 of Chapter 2 of Article 9 of the Tustin City Code is
hereby amended to read as follows:
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,3eneral conditions and regulations of building and site use for all
-termitted uses except single-family dwellings and those accessory
Ordinance No. 1411
Page 11 of 22
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 (Cl)
a Permitted Uses
In the Retail Commercial District (Cl), 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 (Cl) 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 (Cl) shall be
constructed to conform with the parking standards for retail commercial
uses on the first floor area of the building unless otherwise specifically
exempted pursuant to the approved Conditional Use Permit.
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
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which, in the opinion of the Community Development Director and/or the
Ordinance No. 1411
Page 12 of 22
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:
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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)
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
Ordinance No. 1411
Page 13 of 22
The following uses (or uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
permitted in the 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) FEE
Section 34. Section 9235f(8) of Part 3 of Chapter 2 of Article 9 of the Tustin City Code L
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 for 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:
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 MEN
health, safety and general welfare shall be observed without unduly inhibiting the
Ordinance No. 1411
Page 14 of 22
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 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.
c 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 9244dl through 9244d3 of Part 4 of Chapter 2 of Article 9 of t
Tustin City Code are hereby amended to read as follows: I
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.
Ordinance No. 1411
Page 15 of 22
Section 37. Section 9244e1 of Part 4 of Chapter 2 of Article 9 of the Tustin City Code
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is hereby amended to read as follows: 11-
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 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:
Conditionally Permitted Uses:
The following uses (or uses which, in the opinion of the Community 10"
Development Director and/or 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
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Page 16 of 22
11
There is adopted 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.
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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.
e Zoning adoption or change
The SP1 District zoning shall be adopted 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 • Part 6 of
Chapter 2 • Article 9 • 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
area, plus a minimum 7-car stacking
at which the consumption of food
space for drive-through, except no
and beverages occurs primarily
additional parking spaces shall be
on the premises
required when a restaurant use replaces a
retail, service, or office use on 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
Ordinance No. 1411
Page 17 of 22
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 "RY, "R4", or "PD" zone abuts upon any R1 zone, there shall be
constructed a solid masonry wall six feet eight inches (68") 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 (Y2) 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 9271p 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
Ordinance No. 1411
Page 18 of 22
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,
area, plus a minimum 7-car stacking
coffee shops, or similar
space for drive-through, except no
establishments at which the
additional parking spaces shall be
consumption of food and
required when a restaurant use replaces a
beverages occurs primarily away
retail, service, or office use on a property
from the premises
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
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 "RY, "R4", or "PD" zone abuts upon any R1 zone, there shall be
constructed a solid masonry wall six feet eight inches (68") 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 (Y2) 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 9271p 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
Ordinance No. 1411
Page 18 of 22
In the Single Family Residential (Rl), 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 9271s 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 "RV, 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 9271u of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is
hereby amended to read as follows:
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 19 of 22
Building Line for SECONDARY
Building Line for PRIMARY
Highway (80'R/W)
Highway (100'R/W
Ordinance No. 1411
Page 19 of 22
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
RINI-,
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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. ME
Section 47 Section 9271x 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 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
[m
Ordinance No. 1411
Page 20 of 22
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.
Ordinance No. 1411
Page 21 of 22
Mayor
ATTEST:
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A
PAMELA STOKER,
City Clerk
APPROVED AS TO FORM:
r
'I J
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF TUSTIN
1, 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:
COUNCILMEMBER AYES: Nielsen, Murray, Amante, Gomez (4)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: Gavello (1)
COUNCILMEMBER ABSENT: None (0)
PAfVELA STOKER,
City Clerk
Ordinance No. 1411
Page 22 of 22
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