HomeMy WebLinkAbout03 Transmittal of Zoning Code UpdateITEM # 3
AGENDA REPORT
MEETING DATE: FEBRUARY 26, 2013
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: TRANSMITTAL OF CODE AMENDMENT 13-001, ZONING CODE
UPDATE (DRAFT ORDINANCE NO 1429)
Code Amendment 13-001 (CA 13-001) proposes the incorporation of text amendments
to the Zoning Code (Article 9) and Article 3 of the Tustin City Code (TCC) (Attachment
A). The incorporation of text amendments will ensure that the Tustin Zoning Code will
be internally consistent, consistent with the requirements of California State Law by
incorporating updates, and consistent with the Tustin General Plan.
Staff is providing a draft of Code Amendment No. 13-001 to the Planning Commission
to begin the process of reviewing the proposed changes in anticipation of a formal
presentation and consideration at a public hearing in March. When the hearing is set, all
discretionary actions necessary to implement the update, including any required
environmental documents will be presented. A subsequent public hearing will be
scheduled before the City Council following the Planning Commission recommendation.
IN
That the Planning Commission receive and review the Community Development
Department's draft Code Amendment 13-001 and tentatively set the item for public
hearing at the Planning Commission meeting on March 12, 2013.
DISCUSSION:
This is a City initiated Code Amendment to Articles 4 and 9 of the Tustin City Code, to
incorporate text amendments to ensure consistency with the objectives, policies, and
programs specified in the Tustin General Plan. Code Amendment 13-001 will also
provide updates consistent with State law and organize the code using an updated
format. For the last 15 years, the Planning Commission and the Community
Development Department have been amending the Zoning Code to modernize and
keep the associated land use provisions current. This update would bring the code
closer to a modern format with tables and figures added. As with all codes, the
Community Development Department staff will routinely and periodically prepare
Planning Commission Report
CA 13-001 Public Hearing
February 26, 2013
Page 2
amendments to the City's zoning and development regulations to ensure it remains up
to date.
A summary of Zoning Code amendments proposed to the text, include the following:
• Add Sections 9220, 9230, and 9240 to incorporate existing site development
standards for the residential, commercial and industrial districts into one location
and consolidate the site development standards of all uses within each district
• Provide updated terminology for individual uses (i.e. "churches" are termed
"places of worship")
• Alphabetize listed uses
• Provide updated definitions and standards to reflect changes with California
State Law (i.e. Recycling Centers as set forth in TCC 9271 bb were organized
and clarified for consistency with State law)
• Incorporate policy practice into the Zoning Code (i.e. guest quarters will be
subject to a recorded deed restriction)
• Incorporate standards for open space for high density housing (i.e. The Multiple
Family Residential District will require minimum common and private open
space)
• Organize similar requirements into the same sections (i.e. multiple family
dwelling reconstruction/replacement moved to non-confirming uses section)
• Incorporate uses that are permitted (i.e. massage establishments are required by
State law to be permitted where similar service uses are permitted)
• Incorporate use determinations (i.e. tutoring facilities are permitted in the Pr
District)
• Capitalize the term "Conditional Use Permit" throughout
• Incorporate code requirements that were unintentionally removed in prior code
amendments (i.e. underground utilities requirement was inadvertently removed in
a Building Code update)
• Incorporate zoning requirements into the Zoning Code and remove portions not
intended for Zoning code (i.e. incorporate home occupation requirements and
move recycling requirements to the Solid Waste section of the Tustin City Code)
7#Tj
CA 13-001 Public Hearing
February 26, 2013
Page 3
• Clarify and incorporate the title Community Development Director where
appropriate (i.e. Zoning Permits are approved by the Community Development
Director, not the Building Official)
• Provide updates to terms in the definitions and include figures where appropriate
(i.e. Figure 5-3 added to support terms such as "reverse corner lot")
• Include terminology previously covered in the City's Alcoholic Beverage
Guidelines (i.e. micro-winery, a use similar to micro-brewery, is defined)
• Clarify and add duties of the Zoning Administrator (ZA) for consistency with
Council policy and provisions (i.e. minor adjustment is permitted with approval
from the ZA for an increase of up to 10% in sign area)
Included in this transmittal is the draft red-lined Ordinance (Attachment A) and all the
existing Code sections proposed to be amended in their entirety (Attachment B). To
assist the Commission with reviewing the proposed amendments, staff has arranged
Attachment B with tabs that correspond to the Draft Ordinance (Attachment A). Each
tab identifies the section to be amended and the number coincides with the number in
the Exhibit A of the proposed Ordinance.
The tabs are organized as follows:
1. There are three separate chapters being amended: I. Article 4 Chapter 3,
Solid Waste; 11. Article 9 Chapter 3, Zoning Code; Ill. Article 9 Chapter 4,
Sign Regulations. Each of these chapters is separated with a large tab.
2. Within each Chapter, there are multiple sections being amended. These
sections are numbered and separated by smaller tabs.
As mentioned, staff is providing the draft of Code Amendment early in the process to
allow the Commission adequate time to review the proposed changes. At a public
hearing in March, staff will provide a full presentation of the proposed amendments
191
Amy Stonich, AICP
Senior Planner
4
Abe Pearson 11
Planning Administrative Intern
Elizabeth A. Binsack
Director of Community Development
Attachments: A. Draft Ordinance No. 1429 and Code Amendment 13-001
B. Existing Code (Sections to be amended)
ATTACHMENT A
ORDINANCE NO. 1429
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1429 (CODE
AMENDMENT 13-001) TO AMEND ARTICLE 4 AND ARTICLE 9 OF
THE TUSTIN CITY CODE TO INCORPORATE MINOR TEXT
AMENDMENTS TO THE ZONING CODE.
The City Council of the City of Tustin does hereby ordain as follows:
The City Council finds and determines as follows:
A. That the City has initiated Code Amendment to Article 4 and 9 of the Tustin City
Code, to incorporate text amendments to the zoning code. The goal of the
proposed code amendment is to ensure consistency with the objectives, policies,
and general plan land use programs specified in the Tustin General Plan for the
City of Tustin. Code Amendment 13-001 will provide updates consistent with
State law and will help to organize the code using an updated format;
B. That the Community Development Department routinely and periodically revises
the City's zoning and development regulations to ensure its remains up to date.
C. That the changes proposed by CA 13-001 are considered minor in nature and do
not alter the intent of the zoning code previously adopted by the Tustin City
Code;
D. That CA 13-001 will incorporate minor text amendments to the Zoning Code
ensuring consistency with the objectives, policies, and land use programs
specified in the Tustin General Plan. CA 13-001 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.
LU Goal 4: Assure a safe, healthy, and aesthetically pleasing community for
residents and businesses.
Ordinance No. 14
Page 12 •
E. 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;
F. 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 for a 20-day public review
and comment period from February 20, 2013, through March 12, 2013, in
compliance with the State CEQA Guidelines;
G. That on March 12, 2013, the Tustin Planning Commission held a noticed public
hearing and adopted Resolution No. 4210 recommending that the City Council
approve Code Amendment 13-001;
H. That on April 19, 2013, the Tustin City Council held a noticed public hearing and
considered Code Amendment 13-001 and adopted Resolution No. 4210
approving the Negative Declaration and Initial Study prepared for CA 13-001
(Ordinance No. 1429), to amend the Tustin City Code
11. Code Amendment 13-001 is hereby approved. The Tustin Zoning Code is hereby
amended as provided in Exhibit 1.
Ill. Severability
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.
Ordinance No. 1429
Page 13
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the
1h day of ,2013.
ELWYN A. MURRAY, Mayor
JEFFREY C. PARKER
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
CITY OF TUSTIN
JEFFREY C. PARKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is 5; that the above and foregoing Ordinance No. 1429 was duly and regularly
introduced at a regular meeting of the Tustin City Council, held on the th day of _, 2013
and was given its second reading, passed, and adopted at a regular meeting of the City Council
held on the th day of _, 2013 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Exhibit 1: Amendments to the Tustin Article 4 and Article 9 of the Tustin City Code.
Ordinance No. 1429 - Exhibit 1.
Page 11
Article 4 Chapter 3 of the Tustin City Code is hereby amended as follows:
1. Section 4316 is hereby added as follows:
RLECYCLABLE MATERIALS
€ e ten a set of i
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w -_ p_ pHybg un'ts where solid waste is collected and i zn
residentia! r) ' c� where solid was'e 's collected and loaded in a locafion
Yff
or more fiving units,
sofid waste is collected and loaded and anv
Astina commercial industrial, o
ubi,ect buildinq is
`dam to the value e" ..;
fad"i the ,�.�..
and do not substantially Z � � � r of � IF g ,
'D F€.&.e€ €mss ra€ + , means any
Ordinance No. 1429 — Exhibit 1
Page 12
" Re . -r`, (a ,°"„ Hocated for coqlisL
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more residentini NwDgll red to serve the
needs of the its- & c utilize the solid waste ollewa €on
and
€ h ro"4o d¥ g � '";. -sfi€`tee s shall be evaluating
r this subsection:
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of bins or containers to allow for the Collection
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located witHn the ects. "o °rr of `' the
-istent with current methods € ods of
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and recy!�!inrgj containers,
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Ordinance No. 1429 — Exhibit 1
Page 13
r shall be
should be
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solid roof or awnin'�I whid &Iecti cures the contents p,!p
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-- be unobstructed and
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be constructed or m n air'. d une €m e red £ g-j!:: Eg t€ ar
federal, � z or locall Ea reWina to sa
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collect, and load the r z c"ab _"" materials, W t. ne e f sible areas o' 'aw,�'-�
Sc and loading recyglable mat d i s should " d €`. to, or developed :.
areas and the materials aqe-= --f ..d therein should be rposted adjacent e" ints
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Ordinance No. 1429 - Exhibit 1.
Page 16
2. Section 9221 is hereby amended 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
id--nfified in Table 1 of S-action 9220 and/or as otherwise s-ecified iner' this Chapter.
1. Single family dwelling
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2. Light farming, except commercial dairies, commercial kennels, commercial
rabbit, fox, goat or hog farms, or commercial chicken or poultry ranches.
fe—et
3. Accessory uses normally incidental to a single family dwelling or light farming.
This is not to be construed as permitting any commercial use.
4. Crop and tree farming
5. Home occupations in accordance with this Chapter.
Ordinance No. 1429 — Exhibit 1
Page 7
6. Large family day care homes (subject to the provisions set forth in Section
9271aa).
b Conditionally Permitted Uses and Development Standards
The following uses (or and 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 and siubiecl to the devfp��- ra standards
ide 11
nfified ini -Fable 1 of Section 9220 andlor as
1. Places of WorshipGlh�12ivs-s, schools, parks, playgrounds, public utility and public
and quasi-public buildings and uses-, uae��.
(a) Maximum height: 30 feet
(b) Minimum building site: 20,000 square feet for churches, 5 acres for
schools, public utility and other uses as specified in use permit.
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 25 feet, unless otherwise indicated by
Zoning Map
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 20 feet
In 4!R _e r1l e- 4 1
2. The maintenance of not over two (2) horses or cows for private use provided that
minimum land area be thirty (30) thousand square feet,--s_4h_J, it - t.
(a) Minimum building site: 30,000 square feet
(b) Minimum lot width: 100 feet
(c) Minimum front yard setback: 60 feet, unless otherwise indicated by
Zoning Map
(d) Minimum side yard setback: 20 feet
(e) Minimum rear yard setback: 10 feet
3. The maintenance of not more than 25 rabbits or similar small animals or
commercial chicken raising- _ppsan 4,4t.
(a) Maximum height: 30 feet
Ordinance No. 1429 - Exhibit 1
Page 18
(b) Minimum building site: one (1) acre
(c) Minimum lot width at property line: 100 feet
(d) Minimum front yard setback; 60 feet, unless otherwise indicated by
Zoning Map
(e) Minimum side yard setback: Corner lot line: 20 feet; Interior lot line: 10
feet
(f) Minimum rear yard setback: 10 feet.
3. Section 9222 is hereby amended 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 identified in Tablie 1
of Section 9220 and/or gs; - this Chapter.
1. Single family dwellings
snruw! 4ain
f
-",A- ruarl'-4-n-'424-4 dfth-ai-p m'-p-epty- I
rn'-sp- re-a'
th -
ed,
2. Accessory buildings only if constructed simultaneously with or subsequent to the
main building on the same lot, and accessory uses normally incidental to single
family residences. This is not to be construed as permitting any commercial
uses.
Ordinance No. 1429 — Exhibit 1
Page 19
(a) Maximum height: 2.5"',G feet
(b) Maximum lot coverage: 30 percent of rear yard
(c) Minimum side yard setback: 1 foot
(d) Minimum rear yard setback: 1 foot except 5 feet required on an alley
3. Home occupations in accordance with this Chapter.
4. Large family day care homes (subject to the provisions set forth in Section
9271 aa)
5. Second residential units
(a) Maximum height: 30 feet
(b) Minimum building site: 12,000 square feet
(c) Maximum overall lot coverage for all structures combined: 50 percent
(d) Maximum lot coverage for the second residential unit: 30 percent of rear
yard and 30 percent of side yard
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for
attached unit
(f) Minimum front yard setback for off-street parking: 50 feet
(g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 5 feet
0) Maximum floor area of second residential unit: 10 percent of total lot area
fl
,Any second residential unit shall be consistent with the architectural style,
materials and color of the primary single-family dwelling and shall not
detract from the single-family appearance of the primary single-family
dwelling
!nm-_Vk'1 Anvil-h
second residential unit shall not cause a substantial adverse
change, as defined in California Public Resources Code Section 5020.1,
in the significance of any real property that is listed in the California
Register of Historic Places or the City of Tustin Historical Resources
Survey
Ordinance No. 1429 — Exhibit 1
Page 110
' v0:(jQt T- second residential unit shall be constructed concurrently with, or
subsequent to, the primary single-family dwelling, which shall be
conforming or brought into conformance with the Tustin City Code
mythh,4�-� second residential unit shall be located toward"to
g All entrances to an
the rear of the primary single--family dwelling and shall not be visible from
the public right-of-way
,Wf When the primary single-family dwelling would conform to the
development standards normally applicable to second residential units,
and the second residential unit is built between the primary single - -family
dwelling and the front property line, the second residential unit shall be
subject to the development standards normally applicable to the primary
single--family dwelling.
b -Conditionally Permitted Uses and Development Standards
The fol low ina uses (or and other uses whic
Develooment Director andl'or the Plan,nign-
are sirn� mav be
condit ion all', permitted in the Residential Estate Dmtrict
ct to 'he issuance of
a Condifional Use Permit and sublect to the development standards ide—nfified �n T—able
of Section 92120 and/or as in
1. EPI!agces�o'W�of-shi-ri�rli -c, schools, parks, playgrounds, public utility and public
and quasi-public buildings and uses, crop and tree farming
(a) Maximum height: 30 feet
(b) Minimum building site: 20,000 square feet for churches; 5 acres for
schools, public utility and other uses as specified in use permit
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 20 feet, unless otherwise indicated on
Zoning Map
(f) Minimum side yard setback: 10 percent of lot width
(g) Minimum rear yard setback: 20 percent of lot depth
l-,h�r-P4aipe ate dd-,
2. Accessory buildings used as guest providedin-,ga no cooking facility
is installed or maintained, subject to -,eed restriction
gag, q
f
(a) Maximum height: 250 feet
Ordinance No. 1429 — Exhibit 1
Page 111
(b) Maximum lot coverage: 30 percent of rear yard
(c) Minimum front yard setback: 50 feet unless otherwise indicated on Zoning
Map
(d) Minimum side yard setback: Corner lot line: 10 feet, Interior lot line: 5 feet
(e) Minimum rear yard setback: 5 feet
4. Section 9223 is hereby amended as follows:
9223 SINGLE FAMILY RESIDENTIAL DISTRICT (1111)
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
dentified 'n Table 1 of Section 9220 and/or as sopeffied in-Gf this Chapter.
1. Single family dwellings
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er
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xu
G, e
2. Accessory buildings only if constructed simultaneously with or subsequent to the
main building on the same lot.
(a) Maximum height: 250 feet
(b) Minimum lot width at property line: 40 feet on cul-de-sacs at property line
(c) Maximum lot coverage: 30 percent of rear yard
*rdinance No. 1429 — Exhibit 1
?L11a•e 112
(d) Minimum front yard setback: 50 feet
(e) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet
clear and unobstructed on rear 1/3 of lot.
3. Accessory uses normally incidental to single family residences. This is not to be
construed as permitting any commercial uses.
(a) Minimum side yard setback: 1 foot
(b) Minimum rear yard setback: 1 foot except 5 feet required on an alley
4. Small family day care home subject to the provisions set forth in Section
9271 aa.
5. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
6. Large family day care homes (subject to the provisions set forth in Section 9271
aa).
7. Second residential units:
(a) Maximum height: 30 feet
(b) Minimum building site: 12,000 square feet
(c) Maximum overall lot coverage for all structures combined, 50 percent
(d) Maximum lot coverage for the second residential unit: 30 percent of rear
yard and 30 percent of side yard
(e) Minimum front yard setback: 50 feet for detached unit,- 20 feet for
attached unit
(f) Minimum front yard setback for off -street parking: 50 feet
(9) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 5 feet
(i) Maximum floor area of second residential unit: 10 percent of total lot area
second residential unit shall be consistent with the architectural
style, materials and color of the primary single-family dwelling and shall
not detract from the single-family appearance of the primary single-family
dwelling
Ordinance No. 1429 — Exhibit 1
Page 113
j second residential unit shall not cause a substantial adverse
b
change, as defined in California Public Resources Code Section 5020.1,
in the significance of any real property that is listed in the California
Register of Historic Places or the City of Tustin Historical Resources
Survey
tn
i'! ------ £ !, J 1-,N:e second residential unit shall be constructed concurrently with, or
----_
subsequent to, the primary single-family dwelling, which shall be
conforming or brought into conformance with the Tustin City Code
11 entrances to PLE11,94e second residential unit shall be to the rear of the
primary single_ --family dwelling and shall not be visible from the public
right-of-way
t'pOtfn, When the primary single -family dwelling would conform to the
development standards normally applicable to second residential units,
and the second residential unit is built between the primary single-family
dwelling and the front property line, the second residential unit shall be
subject to the development standards normally applicable to the primary
single-Jamily dwelling.
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 and sup iect to the develoriment standards
id-nfifi-d 'n Table 1 of Section 9220 and/or as sr_€ ecffierll' in this Chaoer..
1. Places of WqLqqJ' ema, schools, parks, playgrounds, public utility and public
and quasi-public buildings and uses, crop and tree farm
(a) Maximum height: 30 feet
(b) Minimum building site: 20,000 square feet for churches, 5 acres for
schools, public utility and other uses as specified in use permit.
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 25 feet, unless otherwise indicated on
Zoning Map
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 20 feet
Ordinance No. 1429 - Exhibit 1
Page 114
2. Accessory buildings used as guest t,
ggyq s, providedii-r-, no cooking facility
— g
is installed or maintained, subject to a � n recorded deed restrigfi on
_(Q
(a) Maximum height: 250 feet
(b) Maximum lot coverage: 30 percent of rear yard
(c) Minimum front yard setback: 50 feet, unless otherwise indicated on
Zoning Map
(d) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(e) Minimum rear yard setback: 5 feet
3. Public or private parking lots for automobiles when adjacent to any "C" or "M"
District ,su'riep
�Ijg_q 1 identi fied
ons, in
Part 6—oAfJhis,
5. Section 9224c1 is hereby amended as follows:
E_ j�_p1qyjdgd in Section 9299 of this, codeAny -a a use
n "ar
perw- utho , ized throuah a Conditional- Use Permit -in this district shall
comply with Section 9291 a--, _G-efrmp- a-ul-C
ripiar�ie, 4 _ GGmWw,,eL— 4-innin"20-y'-24 G 143-1 441-e-,v, ed- p'—W, in, s,
:3 ,
I RRIWAN-w49 e
fJJ E�W R F a , evf-aH bjutfl�Jm-,Faaadl
J, -
6. Section 9225a is hereby amended as follows:
a Permitted Uses and Development Standards
In the Duplex Residential District (R-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 �dentffied in Table I
"1121
of Section 9220 and/otr as sK)ecffi ed,;,7,,A- in this Chapter.
1. All uses permitted in the R-1 District,_ .., I-
a 7,tl
standards sojecified in the R-1 Disbrict, unless othenukifise
Ordinance No. 1429 - Exhibit 1
Page 115
dF, - - - 11-A o, f,--n—Ir
4
s_p
Minimum lot area per family unit: 3,500 square feet
�__EI_20_4 AS,-
2. Duplexes or two detached single-family dwellings,_r L--Jm
_L '"I t he - ZP r sa e lot.
M-b-1-11i 41-a-i-e-fee t
mr ikir
rme-r_ -Tfee-e' 4n, -ri"e-r-5 feet
A :ter —:S
'%qtwune'-f eet
ElPeate-d-
3 4 r-
7. Section 9225b is hereby amended as follows:
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Duplex Residential District (R2) subject to the issuance of
a Conditional Use Permit._ d in Table
I of Section 9'_?'20 and/or as qpecifigad in
1, . All uses conditionalt I _Iq �11 I'm —ell
IIIL LJ:2'rmitted 'n the R 1 District, SLID to the devel
2sitg, A@�r_"'Lhs'
4-2. Triplex s (single structure
(a) Maximum height: 35 feet
Ordinance No. 1429 — Exhibit 1
Page 116
(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
M Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
(h) Minimum lot area per family unit: 3,500 square feet
23. Day care center (as defined in the Health and Safety Code).
8. Section 9226 is hereby amended 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
identified in Table 1, Section 9220 and/or-as specified inef this Chapter.
1. All uses permitted in the R2 District, -!---LN'
standar- ecified in the R2 District, unless other-yitise fi ed.- fe a
Grlffmd-� R1134-1,
R k
eGR 8-dH -4h& 444
-41VIL DIRM Gt
(a�e) Minimum landscape open space: 35 percent
44 - — -----
':g
(r?i) Minimum lot area per family unit: 1,750 square feet
2. Multiple family dwellings, apartment houses
Ordinance No. 1429 — Exhibit 1
Page 117
feet
d
—a-
Jvkrwwnu�rr-ian'd ,r-ap,
unk
N!
ke
75 suvj-air—eMel;t
3. Accessory building normally incidental to any of the above. This shall not be
construed as permitting any commercial use or occupation other than those
specifically listed.
(a) Maximum height: 250 feet
Q
p
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
a s
idenfified in Table 1 of Section 9220 and/or as sclecified in this Chapter.
1, All uses conditi I
standards soecified in the R-2 District, Unless othervvise Hsted,
'a) -J
Maximum heiaht, 2 stories or '5 fe,
L
. a x e� "75,
lot colve r a. ercent
!EdliaLe*_: 2-11
Virdinance No. 1429 — Exhibit
Page 118
J
Hne feot-
Minimum side vardsetback� Corner lot : 10 Interior lot line: 5teet
Minimum rear % d setback-25 feet
Minimum commonoic sr
r
r, i house and fift/
c, s hail c-onsist of umenciosed o-
enclosed areas set aside for Dassive and active 1,ecreational uses,
n pace shall not include drivew-,,, e d.
Ay 3, r as, or
rem, use& T wentvfive 121;1
n"Ost of or-tialiv
enclosed areas set aside, T, r r P-,'ssJi,,,mr� and active r creational uses that are
a i0s or
g �€ � :6v'dual and
lbal-onies.
___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
�A, —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.
Rt! La 19 1 WO G-1 S b-GOaR
d
Ordinance No. 1429 - Exhibit 1
Page 119
D —4-
kai-,
Aff"
2
-NUR-14410 Gff WROO-i-G,
P hw�
sq- rp ce
er-a-aul-paim. GG tv�" r+ e rnt— -- t—'a4)-n4e-�1ca s—ed Gf:-PP-0411-
G - 1191 e- I -q G G- W-M WS 1— 42 W 4 f-C GIG R-3 G P al"IGGPIQ-45-t-
e-r-, 0%te-alrad-al
ba 1
G1'-dkS--GTf-
"Am
5, 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)
Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
6. Swim schools
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
Ordinance No. 1429 — Exhibit 1
Page 120
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 the Planning Agency
shall grant a conditional use permit thereof.
Minim, p
1, Pnvate outd=, oc unit shall have a mimmur - te
pperi o" rme (100') sauar, dwel un't, This shall be
j
fo;
prow yd'e-g n the ,of an a u ft, ena
___ Pp
2, Common So,
—ea-! J, within common-
-�q — 2
und level coafios rmn
inGIU'ded if gqpen -e-,,,n three sides, Areas not avaflable fiorg��,ce credi* include
�dari.� t��La--_ys lots or reguired front and setbacks,
9. Section 9227b is hereby amended as follows:
b Development Standards
Development standards shall be the following:
1. Minimum building site
(a) Mobile home park or travel trailer park: five (5) acres.
(b) Individual lot: The total area of all trailer and/or mobile home spaces shall
be equal to or greater than the product of the total number of spaces
multiplied by two thousand eight hundred (2,800) square feet.
(c) Travel trailer spaces, with a minimum lot size of one thousand five
hundred (1,500) square feet, shall not exceed ten (10) percent of the total
spaces in a mobile home park.
2. Maximum density
(a) Mobile home park: Ten (10) dwelling units per net acre (public streets
excluded)
(b) Travel trailer park: Fifteen (15) dwelling units per net acre.
(c) Any lawfully established and developed parcel which is legal and
conforming or legally nonconforming as of the date of the adoption of this
subsection, and with the acquisitions of public rights-of-way by a public
agency would result in densities exceeding the density permitted by the
Zoning Code or would result in an increased nonconformity with regard to
density shall not be considered legal nonconforming pursuant to Section
Ordinance No. 1429 — Exhibit 1
Page 121
9227b2 and Section 9273 of the Zoning Code with regard to density only,
provided that all other provisions of the Zoning Code are satisfied.
3. Maximum height: Thirty (30) feet.
4. Minimum yards and setbacks
(a) Front yard:
Trailer park—None
Individual lot—Five (5) feet 'measured from curb to actual structure, hitch
excluded)
(b) Side yard:
Trailer park—None
Individual lot—Three (3) feet
5. Maximum lot coverage-75 percent
6. to
-7
',-6 _–Recreation area required
A minimum of one hundred (100) square feet of recreational space shall be
provided for each trailer or mobile home lot in the park. If more than twenty-five
(25) percent of the spaces in the park are occupied by persons having one (1) or
more children under the age of fifteen (15), an additional fifty (50) square feet of
recreational space shall be provided for each trailer or mobile home lot so
MXM =02 0
8,7. —Fences and walls
Any mobile home or travel trailer park shall be surrounded by a six-foot, sight-
obscuring fence or wall, of uniform treatment, except within twenty-five (25) feet
of an entrance to, or exit from, a public street where such fence or wall shall have
a maximum height of three (3) feet unless greater height is specifically approved
in the conditional use permit.
9.8, --Clothes drying
Ordinance No. 1429 - Exhibit 1
Page 122
An enclosed area screened from view shall be provided for the outdoor drying of
clothes. No clothes drying shall be permitted on the individual lot unless done
within an enclosed structure.
_U 9, Irrigation of landscaped areas
All landscaped areas, other than on individual spaces, shall be provided with an
irrigation system.
J'LAO .—Architectural approval
All recreational and service structures, landscaping and the exterior fence
constructed in a mobile home or travel trailer park shall be approved by the
Architectural Committee.
-1
?-2-'-Repea,:34ee-d-�
10. Section 9228 is hereby amended as follows:
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
identified in Table 1 of Section 92'.2"0 and/or as s, ecified in -c this Chapter.
1. Accessory buildings or uses, 1€
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
Ordinance No. 1429 — Exhibit 1
Page (23
(c) Two- family dwellings
(d) Multiple- family dwellings and apartment houses
6. Large family day care home (subject to the provisions set forth in Section
9271aa)
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Suburban Residential District (R4) subject to the
issuance of a Conditional Use Permit and su. ect wy t _ 1 g 4,. - p.ment standards
ds
identified 'in Table 1 of Sect on 9220 and r �c
1. Boarding houses _ �: or additional dg
3 --Day care center (subject to Section 9271 aa2)
�m
- Parks (private) and recreation areas, recreation buildings, playfields and
playgrounds, but not including amusement parks or other parks of a commercial
nature
4, Places
...... ..-.a s.g.Nic schools and
.,,. r,__-.,..,..,. a..._.._.,_..._._..._......_ w .......a..._.q....d......._
schools nd c M'ac=`s
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
--a
'rte C 640440N-
2
22, Tfeeelt
7 4
*rdinance No. 1429 — Exhibit 1
Page 124
led,
d
dl,-- 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 the Planning Agency shall
grant a conditional use permit thereof.
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Ordinance No. 1429 - Exhibit 1.
Page 127
12. Section 9231 is hereby amended as follows:
9231 PROFESSIONAL DISTRICT (Pr)
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 'ensfied_,Jn
Section 92'-,0 and', L:,74,,cL 'n, this Chapter.
!I- _g
r i f i
aute!d�
1. Accessory buildings and uses (except that no building site may be used
simultaneously for residential and professional purposes)
2. Advertising agencies
3. Automobile broker (office-use only)
4. Banks, financial institutions, and savings and loans (no drive-thru)
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
qp!ki
12, Office uses - including professional and general (as defined in Section
9297)
-1-2:- 13, Personnel agencies
1, 33-, 14, Pharmacies - dispensing and selling only drugs, medicines and health
4-115, -Photographers
Ordinance No. 1429 — Exhibit 1
Page 128
J 6, 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
49717 .-,---Social work
18, Stock brokers
Al 19, --Title insurance companies
20, Travel agencies
4,=-- INA rnunnw�nr; -554'e,
F__1 - IR-G- P -
(General Conditions and Regulations for Permitted Uses
1. General conditions and regulations of building and site use for all permitted uses
except single-family dwellings and those accessory structures, buildings and
uses normally incident to the uses of a building or premises for single-family
occupancy, subject to the requirements of the R1 District:
(a) Except for parking areas, which may {be'l unenclosed, all uses shall be
conducted wholly within an enclosed building.
*rdinance No. 1429 — Exhibit 1
Page 129
(b) All storage shall be within an enclosed building, and shall be limited to the
accessory storage of supplies utilized in the business conducted upon the
premises.
i-c
J
All portions of the building site, exclusive of structures, parking areas,
driveways and walkways, shall be landscaped and maintained.
f4i-
e 4: ), ek;
L�( No certificate of use and occupancy shall be granted until these
requirements are met.
a
W14 I-
M"�
an
1
421ka-MIMIM
P-00 LO-alp- 0A, r
.
6 ¢ r ris --am—nd
ex�m'
Arr me .r =sue c, ai# 4 n -f;
; f
i2FP fio apipg� ih—�
d-
-dIc 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 and dl able 1
0 'Section 9230 and/or in finis ChaDter.
1. Adult entertainment booking agencies (as defined in Section 3141 and subject to
the provisions set forth in Chapter 9)
3-,Z Drive-thru facilities
Ordinance No. 1429 — Exhibit 1
Page 130
41-.1--Professional, instructional, motivational and/or seminar schools
13. Section 9232 is hereby amended as follows:
9232 RETAIL COMMERCIAL DISTRICT (CI)
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 'denfified in "FaWe I
of Section 9230 and/or as soecifiedef-in 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 of the gross floor area
(b) Antiques and curios
(c) Appliance stores .,j-n!q,1 r
j±L
(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
0) Confectioneries
(k) Department stores
(1) Drug stores (including sundries and notions)
(m) Dry goods
(n) Florist shops
(o) Food markets
(p) Furniture sales (new or used/consignment)
Ordinance No. 1429 — Exhibit 1
Page 131
(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
hand sale s,--,,qi
_L_Shoe stores
_Sporting goods (not including boat and motor sales)
R
:j 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) Body art facilities (as defined in Section 3141, and subject to the
requirements of Part 4 of Chapter 1 of Article 4)
'uG-F udniGs
ftLi__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) Instructional Studilos
(h) Laundromats or other self-service laundering facilities
(i) Locksmiths
A4
-*qVL., Y Massage establishments
et Qroom�
(1) Reprographics
(m) Restaurants (not including drive-ins/drive-thru,- ,-,avr- --vpa Wilk
h-I R ung' -'uh-111- A c !
,2
-q- j It A
foaffi in Section 9271 bb)
o") Seamstress or millinery shops
(494,",r Shoe or luggage repair shops
(glf_Smog check stations with service bays in conjunction with approved
service station
kqU�
Q- __Tailor shops
1
,_Travel agencies
Tutoring facilities
3. Office uses - including professional and general (as defined in Section 9297 and
subject to the provisions set forth in Section 9271ee)
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and/or the Planning Commission, are similar) may be
conditionally permitted in the Retail Commercial District (Cl) subject to the issuance of
a Conditional Use Permit and subiect to the r ye' ICpn, t standards identified in Table
of Section 9230 andh in
x -a a-plem--9�
j
L. ___Adult entertainment booking agencies (as defined in Section 3141 and
subject to the provisions set forth in Chapter 9)
12- -Alcoholic beverage sales establishments subject to the provisions set
forth in Section 9271dd and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
Ordinance No. 1429 — Exhibit 1
Page 133
6
Animal hospitals or clinics (small animals)
4, r. see uses as dubs and soc ai halls o,
12,11"I't- _(us Mid 0 , --n-lil-M--f-I
5. Automotive supplies (installation of minor replacement parts and accessories
within an enclosed building)
6. Bakeries (wholesale)
7. Bowling alleys
8. Bulk reverse v su':L
�qn 9171 bb
9, Car Wasn'
C'
gkltr
9L,
10. Convenience stores
Day care centers (subject to Section 9271aa2)
12. Donation centers
retail businesses
13. Dve-ihru Facififies 0rive-�n and e _n
insAp 44-6-4--mike- k-W
14. Fortune-telling businesses (as defined in Section 3141)
5, Gymnasiums and health clubs
16 Hotel and Motels
—Deleted
49, 1& Lq�rqe Rec 1 ocations oc rmanen'
, , - n JUL(c:-, bui
' '-'- "! �_( 1� Li ki
as by
i _nz
19, --Mortuaries
24-20- —Office uses (new) - Development or construction of new building
structures where more than fifty (50) percent of the total floor area or any portion
of the ground floor area is designated for use by professional or
Ordinance No. 1429 – Exhibit 1
Page 34
general offices (as defined in Section 9297) subject to office use criteria as set
forth in Section 9271 e
2'2 21 . —Parking lots (commercial)
2'
23, Places of worshi
cul-, s - - d e ce�c R - -C,- e - f;I'i
nic
2,- 24, Rest homes, extended care facilities, convalescent hospitals, and
sanitariums
21:. Public school-, u-,-- w"vate schools
26. 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
Minimum side yard setback: 8 feet
27. Specialty stores
28. Theaters
c Development Standards
1. None of the above listed uses or any other use determined to be permitted shall
maintain any outside storage or work areas.
fe, e-A
a-, - 5,40f Pe Wi
_1�1 AIM
f",
J�t i-dec an* –"'N�Wmwe A CIL �La—trii
Ordinance No. 1429 — Exhibit 1
Page 135
5 - f 4 R e4 - :!
k
AR, 011 i 8 It
U18-Ge-alk-L
Repeal a
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.
Findings, including but not limited to the following, shall be made by the Planning
Commission prior to approving a G-3A
for construction of a building where greater than fifty (50) percent of the total floor
area, or any portion of the ground floor area is designated for � 'PiR
office uses.
(a) Development or construction of professional or general office buildings
would be more compatible with the surrounding uses in the area than
permitted retail commercial uses on the subject property.
3. Development or construction of buildings restricted to a mixture of uses in which
the retail commercial floor area exceeds fifty (50) percent of the total floor area is
exempt from office development use criteria.
14. Section 9233 is hereby amended as follows:
9233 RETAIL 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,
I
are similar) will be allowed subject to the development standards identified in �able 1
of Section 9230 and/or as soecified in W-11 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)
2. Office uses - including professional and general not fronting onto Main Street or
El Camino Real or located outside the Old Town Commercial General Plan land
use designation (subject to the provisions set forth in Section 9271ee)
3. Retail uses exemplified by the following:
Ordinance No. 1429 — Exhibit 1
Page 136
(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
Dental/medical Lab
Electronics research laboratories and prototype assembly
Mortuaries
apJ
5-- - - - A AHMPH, U P-11 - - E4, aw-
a It,
6
7
r3b 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 and subiect to the develgipment standards identified in
Table 1 of Section 9230 an S '.�ecffied n thlz rihnnfor
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).
Ordinance No. 1429 — Exhibit 1
Page 37
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, Karaoke music studio
10. Office uses - Professional and general offices (as defined in Section 9297)
fronting onto Main Street or El Camino Real or located within the Old Town
Commercial General Plan land use designation (subject to the provisions set
forth in Section 9271ee)
11. Outdoor markets and outdoor sales establishments
12. Party facilities including birthday party businesses
13. Pet shops
14. Secondhand sales with Dawn/collecfions
T-1
: _RJUL-1 _:-_4ULYLUH
15. Section 9234 is hereby amended 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
identified in Table 1 of Section 923-0 and/or as specified in-4--this Chapter.
1. All uses listed as permitted in the-� -wrfdl C2 Districts, subject to the use and
development criteria specified thereto (except uses listed as permitted below)
2. Electronic plants
3. Research plants
Ordinance No. 1429 - Exhibit 1
Page 138
4. Secondhand sales
5. Wholesale stores and storage
-b—I-D vnev-- fd- fb Ir" rn-imtexd-
u %e-
e
imu
Distf"3�— fesS-G41- ca,-- Na-wP--' -Map
R
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 Heavy
Commercial District (C3) subject to the issuance of a Conditional Use Permit an
d e,
?qtj� .1 of Section 9230 and/or as
1. All uses listed as conditionally permitted in the - QT--Prf4dJ C2 Districts subject to
the use and development criteria specified thereto (except schools, g!,g�
wo hio, h g , and outdoor sales establishments). Uses listed in Section
6234a are permitted.
2. Light manufacturing of clothing, novelties, and toys
-AD" ate 8;1-ar'-4arm _6 fie F- kAlleas
umarre-femaf
Ordinance No. 1429 — Exhibit 1
Page 139
C'4&t4Gt�-�Ss -slhievq
y perfflit
16. Section 9235 is hereby amended as follows:
9235 COMMERCIAL GENERAL DISTRICT (CG)
a Purpose
To provide for and encourage the orderly development of commercial areas
throughout the City in accordance with the Land Use Element of the General Plan,
which will serve the demand for a wide variety of goods and services.
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 idenfified in Table 1 of
Section 9230 and/or as--,-- ecifiged inof this Chapter.
1. All uses listed as permitted in the(;,'�,-C2 Districts subject to the use and
development criteria specified thereto (except uses listed as permitted below)
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
gqn�� a pi`s i `€ € standards identified in Table 1 of Slection 9230 and./or
p er
Ordinance No. 1429 — Exhibit 1
Page 140
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)
2. Any Section 922Gib 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
d Restricted Uses
1. No warehousing or storage other than accessory storage of commodities sold at
retail on the premises shall be permitted except as otherwise provided by this
Section.
2. No manufacturing, processing or treatment of products other than that which is
clearly indicated to the retail business conducted on the premises shall be
permitted.
3. Not more than five (5) persons shall be engaged on the premises in the
incidental manufacturing, processing or treatment of products as permitted
herein.
4. None of the above listed uses or any other use determined to be permitted shall
maintain any outside storage or work areas.
5. No residential use shall be permitted in any structure used for commercial
purposes, except for caretaker facilities incidental to the permitted use.
J,
frnakw
eety w-at 43
Ordinance No. 1429 — Exhibit I
Page 141
p. &I�'al t
9- EXGeP#GR_tC_1__C
19—n-
443
ak
E i Eff i Kv� GJK�R_
@- Development Standards
1. Maximum structural height
The maximum height of any building or structure shall not exceed three stories
nor thirty-five (35) feet; provided, however, that penthouse or roof structures for
the housing of elevators, stairways, tanks, ventilating fans or similar equipment
required to operate and maintain the buildings, and fire or parapet walls,
skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts
or similar structures may exceed such height limit; provided no space above such
height limit shall be allowed for the purpose of providing additional floor space.
2. Structural setbacks
(a) Front yard
A minimum of ten (10) feet front structural setback shall be required from
the ultimate street right-of-way line.
(b) Side yard
A minimum of ten (10) feet side yard structural setback shall be required
from the ultimate street right-of-way line or adjoining residential lot.
Otherwise, no side yard setback shall be required.
(c) Rear yard
Where any commercially zoned property rears upon the rear or side yard
of property classified for single-family residential purposes, there shall be
Ordinance No. 1429 — Exhibit
Page 142
a rear yard of not less than fifteen (15) feet. Where the commercial
property rears upon an alley or private drive easement, there shall be a
rear yard setback of not less than five (5) feet. Otherwise, no rear yard
need be provided.
a7-- efaea 1647
4-.3—Lot coverage
Commercial sites may have 100 percent lot coverage less that required for
landscaping and parking requirements.
5A. --Lot size (building site)
A building site shall occupy not less than a 3,000 square foot parcel.
&5, —Refuse storage requirements
Refuse storage areas shall conform to the standards and criteria contained in the
Guidelines for Planning, Zoning and Development, as adopted by the City
Council.
6, -Street dedication
Highway dedication and improvements shall be as required by Section 9271x.
&_-7,
±, (supplemental provisions)
Properties designated TG-PUD" on the Zoning Map shall require the submission
and approval of design plans for a Conditional i-iUse eermit pursuant to the
requirements for Planned Unit Developments.
e
L__Umitafions and Ex-
ral commercial Durooses
fior "CG" uses has a deoflhi of two hundred (200
less, as measured a' from the s�reet frontage indicated as business
for commercial purposes
when such
j t,. j the side street. and the side of such
d for "CG" ourmoses, ""he
additional property so used sh'all be a pairt of and an exter, s n qff 1, g, part`q�L r
Ordinance No. 1429 — Exhibit 1
Page 143
use oc
(-- ;
g
I'mitafigns of 'his Secbf-q'n,,_,r-nf&,)L, exceeded f r those S'rUCtU-
0, s removed
more than two hundred (2 00) f
t2
Exce
LIg, , iremen-s
pfi n W__setback r
made only in conformance Mh the develorpment criteria of jzi ecific I lans as
g Use Criteria—Office Development
Office developments within the Commercial General District (CG) shall conform
to retail commercial use parking standards for the first floor area unless
otherwise specifically exempted pursuant to the approved conditional use permit.
2. Findings, including but not limited to the following, shall be made by the Planning
Commission prior to approving a Conditional use Ppermit for construction of a
building where greater than fifty (50) percent of the total floor area, or any portion
of the ground floor area is designated for-ea-,o- yLk,;A,,f office uses.
(a) Development or construction of professional or general office buildings
would be more compatible with the surrounding uses in the area than
permitted retail commercial uses on the subject property.
3. Development or construction of buildings restricted to a mixture of uses in which
the retail commercial floor area exceeds fifty (50) percent of the total building
floor area are exempt from office development use criteria.
CN
iri
0)
O
0
ci
Z
W
a)
CU
(40
m
m
0 n
70
a)
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0)
O
0
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a)
CU
m
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Ordinance No. 1429 - Exhibit 1.
Page 145
18. Section 9241 is hereby amended as follows:
9241 PLANNED INDUSTRIAL DISTRICT (PM)
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 iden-fified �n Table 1 of
Section 9240 and/or as i:n--c" this Chapter:
- ----- emtare__tim-,�47- --R-IC—PrGpe4y_� Addeuef-r""4 nede'—ky- -mhe
-rp f 4i -6n id ,v, e '1: fo" nmi, W e P Laws r—,;
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 of the gross floor area
3-,Z -Book binding
3, Bulk merchandise sales
4. Ceramic and plastic fabrication
5. Chemical laboratories
6. Deficatessens
-Design and development
7L, 8. -Distributors of electronic, electrical, and electromechanical products
a Finished paper products
0, Food (and kindred products) manufacturing or storage
41,1, 11, Laboratories for research and development
Leather products
_12713. Light industrial, research and development, and manufacturing uses
which do not maintain greater than fifty (50) percent of their gross floor area for
office purposes
Ordinance No. 1429 – Exhibit 1
Page 46
14. —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 9271ee)
14A 55 Outside storage (in conjunction with permitted use) enclosed in minimum
of six-foot high solid fence
16, Parking lots
J -17 Pharmaceutical products
Z
18, Photography and printing plants
,81,- 19 Precision machine shop
4-f M Prototype weapons and fabrication of components
220-.21, —Public utility uses (except the storage of flammable fuel products)
9- �4
2 22. Scientific instrument manufacturing
-2-22L.23. Textile and furniture manufacturing
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 and subiect to the develo ame n t standards ildentiffied in
Table 1 of Section 9230 and/or ft
a !pecjff vz h?
SS i in s C_ 42
1 Alcoholic beverage sales establishments subject to the provisions set forth in
Section 9271 d and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
O` es (greater than 50 percent rf f1loor area)
M A-mkd 14,
-1—J
"ALY4 l u ff Q, —ap.
K G "P
�an dds-g_��awp iprg,
Fof
ess-ot -Gn�
It A a V
Ordinance No. 1429 — Exhibit 1
Page (47
__.
At
Mlcane-
f
-
p, - .
�N
19. Section 9242 is hereby amended as follows:
9242 INDUSTRIAL DISTRICT (M)
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 identified _� Table of Section
9240 and/or �. specified n this Chapter. � _ _
1. All uses permitted in the PM District
sinesses, as defined in section 39114)
oriented bu
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 Ong J
to the ' � € ib Section �� an k d � . €el_dar
in this Qh?,gpter. 1. All" c and i €n l i ,6ec`m€tt - uses in the €4"'``.t !. ist is he e help
and use 5�i ttrjgk.........�' e��f
All permitted uses that utilize greater than fifty ( 50
)percent of their gross
floor area for office use (including administrative and professional offices as
defined in Section 9297 and subject to the provisions set forth in Section 9271 ee)
3. Building material yards
Ordinance No. 1429 - Exhibit 1
Page 148
4. Caretaker's residential unit when in conjunction with permitted use
5. Convenience stores
6. Hazardous waste facilities (subject to all standards and criteria contained in the
Tustin City Code)
7 'ndoor Keninels and Animal Boarding radyties
8 --Manufacturing uses (subject to compliance with performance standards of
the Air Pollution Control Board)
9, Places a' wors and assembly u sub' tf
e Ct
Fzlk. 10, --Restaurants
97,
1- �
J, I
_.Retail commercial uses
A A 13 Schools for professional, instructional, motivational, vocational and/or
1 2 � --
seminar uses
13 Specialty stores
ry
' SeG#GR-Izlmr��'!
-te 9
R4 -:'-"s•: a. f I -d
VC-7-
f4-1
20. Section 9243 is hereby amended as follows:
In the Unclassified District (U) all uses are permitted unless otherwise prohibited
by law, provided that a tes—epeirmal difig i
nal Use Perm;t shall first be secured for any
use to be established in any "U" District, with development criteria as specified in the
use p-e—mMQZ4Lng 'JJ _ Par m ii-
21. Section 9244d is hereby amended 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 identified in Table 1 of
Section 92'40 and/or as � ec ed inef this Chapter.
Ordinance No. 1429 — Exhibit 1
Page 14•
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
3. Grading shall be permitted within a PC District outside of an area of immediate
development subject to securing 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
9271 aa).
6. Reverse vending machines (aaamel-irnme � Subject to standards
contained in Section 9271 bb).
i '5ned in Section 3911 (a), and sublect to &ie
7 Sexuall, iented businesses as dei
Arficle 3 Chapter 9 of the Tigs"-
C,
COM and PC-IND zones o
I I-1
22. Section 9244e5(c) is hereby amended as follows.
(c) The Planning Commission has granted
_P.e1'rm'_,At for any specific development.
23. Section 9244e6 is hereby amended as follows:
6. Application for a urise m0tConditional Use Pernnilk for development as
stipulated above shall include the following as applicable:
(a) Topographic map of the property showing the proposed method of
adapting the development to the site.
(b) Legal description or boundary survey of the property;
(c) Location, grades, widths and types of improvements proposed for all
utilities, streets, walkways, driveways and service areas;
(d) Location, height, number of stories and number of residential units, if any,
for each proposed structure;
Ordinance No. 1429 — Exhibit 1
Page 150
(e) Location and design of automobile parking areas;
M Preliminary landscaping plan;
(g) Location of public or quasi-public buildings or areas, including but not
limited to, schools, recreation facilities, parking areas, and service areas,
if any;
(h) Elevations of structures showing architectural type;
(i) Irrevocable offers to dedicate those areas shown on the plan as public
property;
Method by which the property could be divided for the sale or lease of
individual parcels;
(k) Method by which open space areas are to be perpetually maintained.
24. Sections 9244f is hereby amended 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
Industrial District (PC) subject to the issuance of a Conditional Use Permit gLrv-
gl,_c g! I 'e r,
,e _�41LZ
Fri. the devel!qpment standards 'identified in Table 1 of Section 9240 and/or as specified
in thjg_��.
1. Alcoholic beverage sales establishments subject to the provisions set forth in
Section 9271 dd and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
25. Section 9245b1 is hereby amended as follows:
1. Races of Worshlr.,C
26. Section 9245c is hereby amended as follows:
c Development Standards
The development standards and requirements for development and changes in
use shall be those contained in the general section of this Chapter and as specified
and approved by the Planning Commission as conditions of the usce--flefmi
Use Permit.
27. Section 9252g3 is hereby amended as follows:
3. The Community Development Director shall have the authority to approve,
approve with conditions, or deny Certificates of Appropriateness for
improvements requiring a City building permit. In reviewing applications for a
Certificate of Appropriateness, the Qpm!pq�,JQ
Director may
Ordinance No. 1429 — Exhibit 1
Page 151
consult with and receive the advice
C ommission,
rendering a decision.
and recommendation of the Plan
Historic Resource Committee, prior to
28. Section 9252j3(c) is hereby amended as follows:
(a) Authorized and encouraged uses:
The following uses are authorized and encouraged with the interest of
creating a commercial village atmosphere:
Pipe and tobacco shops
Lamp shops
Wine tasting rooms / Miclro-wine- (not
Yardage goods
section 927 Iddl
Leather goods
Knit shops
Candle shops
Ice cream shops
Boutique
Jewelry shops
Coffee shops
Wrought iron ware
Ethnic restaurants
Art galleries
(Spanish, Mexican,
General offices
French, German)
(if located on any floor above and if less
than 50 percent of total area are
occupied by general offices, consistent
with Section 9233a(1)(g)
Hobby shops
Delicatessens
Photographer's studios
Antique shops
China and crystal
Gift shops
The above list of potential uses is not all encompassing but typifies the
character of uses that illustrate the desired image.
29. Section 9270 is hereby amended as follows:
9270 REGULATIONS
All regulations in this Chapter pertaining to the districts established in Sections
9213a and b hereof are subject to the general provisions, conditions and exceptions
contained in this Part.
a4kntefpcetaue'
ld- 4; --14 -G1-hP1Dte4L'-GF- -Vat-h":6- -1-1ple-4-11a
Mat-" ghtF-a�44� r r74�
Ordinance No. 1429 — Exhibit 1
Page 152
a —s' Geafo'-- --a-, xi�e t se, -
4&
gi
ab Uses Permitted Subject to Per-,--nAtCondifignal Use Perm'
All of the uses listed in this Part, and all matters directly related thereto are
declared to be uses possessing characteristics of such unique and special form as
to make impractical their inclusion in any class of use set forth in the various
districts herein defined, and therefore the authority for and location of the operation
of any of the uses designated herein shall be subject to the issuance of a uisec
p-e;mnaat in accordance with the provisions of Section 9291. In
addition to the criteria for determining whether or not a -nertACur-
Permit should be issued as set forth in Section 9293b hereof, the Zgaing
tA:!�dm'niqtr;'9tor or Planning Commission shall consider the following additional
factors to determine that the characteristics of the listed uses will not be
unreasonably incompatible with uses permitted in surrounding areas
(1) Damage or nuisance from noise, smoke, odor, dust or vibration;
(2) Hazard from explosion, contamination or fire;
(3) Hazard occasioned by unusual volume or character or traffic or
the congregating of a large number of people or vehicles.
The uses referred to herein are as follows:
(a) Airports and landing fields.
(b) Establishments or enterprise involving large assemblages of people or
automobiles as follows:
(1) Amusement parks and race tracks;
(2) Recreational facilities, privately operated.
(c) The mining of natural mineral resources, together with the necessary
buildings and appurtenances incident thereto.
(d) Removal or deposit of earth other than in connection with excavations or
deposits in connection with construction of buildings, roadways, or public
or home improvements.
(e) Presentation of live entertainment ,,,.,_q,'. emnte;L.Ilainment p)ermitted
i,Le, le 3 of the Tustin
(f) Dish antennae located in residential zones exceeding three (3) feet in
diameter and located other than in rear yard areas obscured from public
right-of-way view.
Ordinance No. 1429 — Exhibit 1
Page 153
(g) Dish antennae located in all zones other than residential, exceeding three
(3) feet in diameter and not fully screened or otherwise obscured from
public right-of-way view.
bt-�,.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. Temporary Use Permits ml
be issued no more than four (4) times per calendarm-
9 - - �: ��,qp: r the Community Develn'"n'-f-m-nd Dir-ector for additional
r ---- Permits are required prior to a temporary outdoor use
occurring in any �
`` as follows:
1. Requests for a temporary use of-qp, g
J,
Z Requests for more than thirty (30) days and up to prve
require Community Deve lopment P,�Lirf �
F
-by ' 14:a
y- mt a4r,,r.
3. Requests for more than y-
4�,54&a require approval of a
Conditional Use Permit (CUP) by the Planning Commission.
Any temporary outdoor use involving five hundred (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 through 3244
Any use that is not expressly permitted in a district as a permitted use or as
a conditionally permitted use, including a use in a district determined to be similar
in character to a particular use allowed in such district as provided in this Code,
shall be deemed a prohibited use and such use shall not be allowed in such
district.
30. Section 9271 a is hereby repealed as follows:
31. Section 9271 b is hereby amended as follows:
b Public Utilities
1, General Utilities
Public utilities
for distribution of gas, water, electricity and
telephone communications shall be allowed in all districts without
limitation as to height or without obtaining a 4-ese--pe tCondifional Use
Ordinance No. 1429 - Exhibit 1
Page 154
Permit thereof and the provisions of this Chapter shall not be construed
to limit or interfere with the installation, maintenance and operation of
public utility pipelines and electric transmission or telephone
communication lines when located in accordance with the applicable
rules and regulations of the Public Utilities Commission of the State of
California and within rights-of-way, easements, franchise, or ownership
of such public utilities.
2, Utififies to be Placed Und-pi p_
a Whenever ayny e! ti, one
zone eh w ne or
nmg M
relocated qbuiff
f! oor area in
-enciosed
excess o 1 200 saware feet is added
to an exishnn ,_;uH- in site in anv
res'd 'tee t'al use, or
whene-e, a res;dential bUildina or use
Y-n-PI'l- 12
�s conver ed e or use
other than that which existed at the
'Lime of conversion, all e-
and similar ser-vilce wires or
cables which rr;rovide d. ems€ service to the
y be
tnCig
_propert
_X1
within the exterior boundary. lines
of -g p ro p e 'ristalled
For tlp _pgmose of this Section, eirm—t—an-es and associated
ervuio;ment such as, but not limft-ed
estal rnounted terminal boxes and meter cabine A -
1' yg- p!qL_ , r owner res- ?,.!]sib'e for corn th-
The
L- irements of fts Section, and shall orovide all necessary facilities on
dui � ,flheir Premise
,J,gL� p: s so as to rece've such senvices from the
utilities subject to the apAAcable rules. requilations and a.. ffi" on the
Le - ", U,
utilifies on file with the California Public Utilities
'_T ------
Commission,
onsistent with the
of this c result from '.is literal interoretation or
_Lf _J
enforcement. the P.1an,,,niw,,I Common m, modify, or deiny fhe
A _i"R
the Comm-unuit-y
and all facts which. are
offered
�s action is to delay the install ArfJr u red
i
il -- owner +o Me with
t -Uffici nt to i--,r vide for
Ordinance No. 1429 — Exhibit 1
Page 155
the f 'ure �
Ut insallafion
of the nd
'Reatures
which are to be
The amount
of
the -ax1
s J
det r On3, h he
,
32. Section 9271 d is hereby amended as follows:
d Height Limits of Towers
Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders,
radio and other towers, water tanks, G4LwG1!!t--steeples and similar structures and
mechanical appurtenances are permitted in a district, height limits may be exceeded
upon the securing of a LQondffional Use Permit in each case.
33. Section 9271e is hereby amended as follows:
e Public and Semi-Public Building Height Limit
In any district with a height limit of less than seventy-five (75) feet, public and
semi-public buildings, schools, Places of hospitals and other
institutions permitted in such district -m-W6 'to a height exceeding that herein
specified for such district, provided that the cubical contents of the building shall not
exceed an area equal to the area of the site upon which it is constructed multiplied by
the factor three (3), and provided that the front, rear and side yards shall be increased
one (1) foot for each one (1) foot by which such building exceeds the height limit
hereinbefore established for such district.
34. Section 9271f is hereby amended as follows:
f Height Limit in "C" or "M" Zone
Upon securing a 'Conditional Use Permit any building in any "C" or "M" District
may be erected to a height exceeding that herein specified for such district, provided
that the cubical contents of the building shall not exceed an area equal to the area of
the site upon which it is to be constructed multiplied by the factor five (5).
35. Section 9271 i is hereby amended as follows:
i Fences, Solid Hedges and Walls
(1) Fences, solid hedges and walls may be erected in any district, subject to the
following conditions:
(a) Fences, solid hedges and walls shall not exceed six feet eight inches
(68") in height on or within all rear and side property lines on interior lot
lines, and on or to the rear of all front yard setback lines.
(b) No fence, solid hedge or wall over three (3) feet in height shall be erected
in the required front yard setback.
(c) ' medg s
rear or ide
��(Jl C s
or walls located in a
01,211-
Vard abutfina the intersection of a street, all t)r dr ihr
Ordinance No. 1429 — Exhibit 1
Page 156
E , ---� -L UI
Site Q'st, gc- ..rc-,quirements as determi
the Public Works Qpq2,artme Via. f site distance standands- P-11
e
wxn-fa -Gur
unless approved, in writing, by the -R:4a'P-n-"-fQ
Department.
(d) Fences��hp
or structures exceeding,
_p
f, six feet eight inches (6'8") in height to enclose areas on the rear
half of a lot may be erected subject to a mi—,
-, —"" VcLf
Section 9299b(W',Pks— r
(e) The provisions of this Section shall not apply to a fence or wall required
by any law or regulation of the State of California or any agency thereof or
by any other ordinance of the City of Tustin, for reasons of public safety.
(2) Walls shall be constructed and maintained on zone boundary lines as follows:
(a) Where any "C", "M", or "Pr" zone abuts upon any residential zone, there
shall be constructed a solid masonry wall, six feet eight inches (6'8") in
height on the zone boundary line.
(b) Where any "R-3", "R-4", or "PD" zone abuts upon any R-1 zone, there
shall be constructed a solid masonry wall six feet eight inches (6'8") in
height on the zone boundary line.
(c) Where any "M" zone abuts upon any "C" or "Pr" zone, there shall be
constructed a solid masonry wall six feet eight inches (6'8") in height on
the zone boundary line.
(d) The aforesaid walls shall be six feet eight inches (6'8") in height except
that portion of equal depth of the front yard on the abutting "R" classified
property which shall be three (3) feet in height unless a greater height is
approved in writing by the Planning Department.
(e) Provided, however, the Community Development Director may waive or
modify any wall requirements as specified in this Section where there is a
solid masonry wall existing immediately adjacent on the contiguous
property, upon finding and requiring that:
An existing wall meets or can be modified to conform to the intent
of this Section; and
Ordinance No. 1429 — Exhibit 1
Page 157
ii) Suitable landscaping can be installed adjacent to the existing wall
to supplement and enhance the environmental buffering; and
iii) Protection can be afforded the existing wall to prevent vehicle
damage, if necessary; and
iv) Concurrence of the adjacent property owner can be obtained,
when necessary, to modify an existing wall to meet the
requirements of this Section.
(3) r however, upon application and proceedings pursuant to Section
9291, Coy da onal Use Permit, the Planning Commission may waive or modify the
requirements set forth herein.
(4) The fences, solid hedges and walls provided herein shall be measured and
constructed pursuant to development standards of the Building Department.
36. Section 9271 n is hereby amended as follows:
n Accessory Structures
1. Accessory structures attached to a main building shall be made structurally a part
thereof, have a common roof with said main building and shall comply in all
respects with the requirements of this Chapter applicable to the main building.
Uh-ce �_ane- -pPF�P,&-LbV'y- z'df-tka'�44()-' fe
2
-3-,2__ 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 R-3 or R-4 District no garage, carport, or laundry
building openings shall face an abutting street.
4,3The architectural style of all sides of accessory buildings shall be
compatible with the architectural style of the main buildings.
Detached accessory structures may have a zero-foot side and rear yard
property line setback if abutting an adjoining structure on a separate lot with a
zero-foot setback or if the abutting lot is unimproved. If an adjoining structure on
a separate lot is constructed other than with a zero-foot property line setback, a
minimum of three (3) feet shall be maintained between the structures.
Ordinance No. 1429 — Exhibit
Page 158
--All accessory structures shall be located a minimum of twenty (20) feet
from street rights-of-way; provided, however, that accessory structures abutting a
State Highway, where no access is permitted, may have a zero-foot setback.
83--,6. _—Detached accessory structures constructed within five (5) feet of any side
or rear property line in an "R" District shall be enclosed by a solid wall on such
side or sides; provided, however, that garages or carports facing an alley or an
access easement, the right of use of which is dedicated to the subject property,
need not be enclosed on such side or sides constructed within five (5) feet of a
side or rear property line if the minimum backing space is twenty-five (25) feet
from the carports or garages to the far side of the alley or access easement.
37. Section 9271s and 9271t are hereby repealed in their entirety.
38. Section 9271 u is hereby amended as follows-
M• .�
Building lines are as stated in this Section unless otherwise shown on Zone
Map. No building shall be closer to a property line or to the center line of any street
or highway than the building line applicable thereto
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Ordinance No. 1429 - Exhibit 1.
Page 161
Irvine Blvd. sn setback —Ten (10) feet from right -of -way line.
39. Section 9271w is hereby repealed.
40. Section 9271y(2) is hereby amended as follows:
(2) Location:
(a) Residential zones: A dish antenna installed at ground level in the rear
yard and obscured from public right -of -way view is exempt from the
requirement of a u+ o dx Ana Us Use Permit. If a useable signal
cannot be obtained from a rear yard location, the dish antenna may be
located in the side yard of the property or on a building roof subject to
issuance of a Co ifionaF �. use - Permit.
(b) Nonresidential zones: A dish antenna located at ground level or on a
building roof completely obscured from public right -of -way view is exempt
from the requirement of a �, p- V , '. Those
antennas which cannot be obscured as determined by City staff are
subject to issuance of a Co diti oral Use �- ermit.
41. Section 9271 bb is hereby amended as follows:
bb R-e
An o iera .:. n ! s which is certified by the De..�a, t e r`< of Resources
refund value t �o Se-4' 14572 Of t-he Cafifornia Beverage Contamer
--pla e- moblile unit, reverse vendina machine, or other
. '} ice- wher a ceruffied recyclin s center ..,z g€Ng tdam.+e's E-
s �.
b refund vaH, e for
one or more Imes gene , te L
A s .t in the Tustin City Code recycling locations Vii€ include:
,` e
devi
less which c c one or more types of ponta'ners and
issues a cash refund or a mdeemable,.-cr(L-dit a value not less
than the container's refund r value determined by California state € w
The refund value We
than on container is redeemed , transaction, Reverse
mechanicaliv Drovided
accent t hat the ent"Ire enclosed within ih-- machine. (in order to
Ordinance No. 1429 — Exhibit 1
Page 162
afli -qjrg-� container t.
commensurate with their re !a I' kl%e; re
;u'.g'.rmjyon rates, and to neet the
gjf certification as a regua-hit-i 1, le of
he
Reverse Ve i a rk4l
nd n
p_t�, I k Reverse Vendina Machines An aftendant orrierated reverse
Y
r less than
container at a fir-nif instead of container.
--g
`2 -gi- P Locations FRe
P
vlsions:
1 -4 4Reverse vending machines,
,jj!
(a) Established in conjunction with a supermarket or convenience zone
Section 9297) in compliance with the zoning, building rr„
and fire codes of the City of Tustin
(b) Located within 30 feet of the entrance to the supermarket and shall
not obstruct pedestrian or vehicular circulation
(c) Does not occupy parking spaces required by the primary use
(d) Occupies no more than 50 square feet of floor space per installation,
including any protective enclosure
(e) Maximum height: 8 feet
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
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
Ordinance No. 1429 — Exhibit 1
Page 163
(1) Outdoor storage of any kind is prohibited
Bulk Reverse Vending Mach ines-i'13-umill-k.,
_2
�L f
(a) Established in conjunction with &r,.- t", supermarket or convenience
which is in compliance with the zoning,
building and fire codes of the City of Tustin
(b) No larger than 500 square feet and not occupying any parking spaces
required by the primary use
(c) Maximum height: 10 feet
(d) Shall not obstruct pedestrian or vehicular circulation, and shall be located
within 100 feet of the host use
(e) Minimum setbacks: 10 feet from any property line
(f) Accept only glass, metals, plastic containers, papers and reusable items.
Used motor oil may be accepted with permission of the Orange County
Fire Authority and Health Department
(g) No power-driven processing equipment except for reverse vending
machines shall be used
(h) Containers are constructed and maintained with durable waterproof and
rustproof material, secured from unauthorized entry or removal of material
and shall be of a capacity sufficient to accommodate materials collected
and collection schedule
(i) All recyclable material shall be stored internally
Maintained free of litter, pests, vermin and any other undesirable materials
at all times
(k) Not exceed exterior noise levels of 60 dBA
(1) 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
Ordinance No. 1429 — Exhibit 1
Page 164
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
- IF - I �
ed for resideniial use if
�n a stan free
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T
in an enclosed f otio k LLcL,,
—pot
-j ies an eAs
front or bull
IA
s a_ -- y,m ad � � it t e r ein n
undesirable materials at all fimes and shall be cleaned of loose debris on a
a
Exterior nolse levels shall no, exceed 60 dBA
's 'ocated 'in a fre-e s"-andina building whigh lies within 500 feet
Of f. rgp it shall not be in
pperation between 7:olm, and 7:00 a,m,
J-
i g, I ng I be left
outside the recvcHna containers
name and r-,,hone number of
thie facility nd 'he hours :,,,LN o., ration-I identification and
informatilonal s' shall meet the standards of the d-:T2;-07--- D-strict: and
directional si
the —aDproval of ffie Community (,e-o
review, Section 9-272, lf-�! to facifitate �raffffi,,c-circulabon or if the
fa 10901
M
yet'
b) ---i— 1
42. Section 9271 cc is hereby repealed in its entirety.
43. Section 9271 dd is hereby amended as follows:
dd Alcoholic beverage sales establishments
Ordinance No. 1429 ® Exhibit 1
Page 165
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 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
u 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
(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
ts ,, 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,
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
Ordinance No. 1429 — Exhibit 1
Page 166
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 amended 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 6 Off-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 (50) percent of the total
floor area or any portion of the ground floor area is designated for use
by professional or general offices:
Development or construction of professional or general office
buildings would be more compatible with surrounding uses in the
area than permitted retail commercial uses on the subject
property.
(c) Development or construction of buildings restricted to a mixture of uses in
which the retail commercial floor area exceeds fifty (50) percent of the
total floor area is exempt from office development use criteria.
(2) Professional and general offices fronting onto Main Street or El Camino Real
ana iocatea 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 (50) percent of the total building floor area shall not
be approved unless the approving authority finds, based on supporting
documentation and evidence, that an office use would be more
compatible with 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:
Ordinance No. 1429 - Exhibit 1
Page 167
The proposed use is to be located in an existing building originally
designed, built, and occupied as offices or converted to office use
pursuant to an approved building permit.
The proposed use is to be located in an existing building that
because of its design and orientation is impractical to modify or
alter to accommodate retail establishments.
iii. The proposed use is to be located in an existing building requiring
significant reconstruction that is not economically feasible or
practical to accommodate retail establishments.
iv. The proposed use is to be located in a multi-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 9271 f is hereby added as follows:
'f
All uses (inc
enclosed jbufldy con ceafled from vie%Ly, firighf,
j _rqbq
off strrae+
qr y onit
review and/or Conditional Use.,
46. Section 9271 gg is hereby added as follows:
All
�g�ti on, s Tustin are subiect to the
f0fl-
Nopersor:
ii, No exterior HiRnlgy
No stock-in-trade or commoditv sold upon the premises
is. No mechanical or electrical eapuipment used exce-
for housekeenpljng n gr, sp
v- No outside ongprgfinn or sar
vi. Pdo alteration ol ffie residenfi
*Irdinance No. 1429 — Exhibit I
Page 1•8
vii, No alterations which e
n in- i the health s afte,
i � fa al
_ rip
odors, vibra
t i 0
E, ha ing lectrical disturbances
__�__jq_ __ ! ',Y�13__ -._onto an,
L 'iL - 1-1 -= . tr
,YY_,,.No activity which generates excessive p-,g or vehicular affic
p a r that othervyise
L____.ng��found in the zone
`t b:, h1hr use made Of over three-fouirths on
47. Section 9271 hh is hereby added as follows:
ryr
I
All exterior kahtinia shall be s�ublect to the following _1`arIIqIaWF
othent,tise exem-oted r)v t1he Citv of Tustin-
Outdoor lighting shall be desianed so as to minimize imoacts from linht
9-
ffict -aused by
unnecessary illumination,
-ghfing fixtur s 'hat are used to ifluminate a
Outdoor I
architectural Ifeature or JandscaDe feature on-2c
7—g
rigegy- s h i pjf.'r ar�j yh a manner th ht source is not
directed ofl� fle,
48. Section 9271 ii is hereby added as follows:
ji
E< �-C f ,
ILr , a scmenina, I(subiect to review and approval b%i the Communitv
-c-c, ,pr
En
D I
PII
xn
e a minimum of si. in -hes
above the tallest fie ce of erwipment and constructe
21
the architecture
of the buildinn,
49. Section 9272a(1) is hereby amended as follows:
a Review Required
(1) The City Council finds that poor quality in the exterior design, development and
maintenance of structures, landscaping and general appearance affects the
desirability of the neighborhood and the community as a whole, and impairs the
Ordinance No. 1429 — Exhibit 1
Page 169
benefits of both potential and -onapmw to the
detriment of the public health, safety, comfort and general welfare.
50. Section 9272c is hereby amended as follows:
c Conditions of Approval
The Community Development Director shall approve the submitted plans if
he finds that the location, size, architectural features and general appearance of
the proposed development will not impair the orderly and harmonious development
of the area, the present or future development therein, the occupancy thereof, or
the community as a whole. In making such findings, the-�--:;—
Director shall consider the following items:
(1) Height, bulk and area of buildings-
(2) Setbacks and site planning-,
(3) Exterior materials and colors-,
(4) Type and pitch of roofs-
(5) Size and spacing of windows, doors and other openings-.
(6) Towers, chimneys, roof structures, flagpoles, radio and television antennas-.
(7) Landscaping, parking area design and traffic circulation-,
(8) Location, height and standards of exterior illumination
('9-
) Location and appearance of equipment located outside of an enclosed
structure.
Location and method of refuse storage-,
mil) ) Physical relationship of proposed structures to existing structures in the
neighborhood-,
Cl ) Appearance and design relationship of proposed structures to existing
structures and possible future structures in the neighborhood and public
thoroughfares.
) Proposed signing-.�
(!_ ) Development guidelines and criteria as adopted by the City Council-.
51. Section 9272d is hereby amended as follows:
d Procedures and Time Limits
Ordinance No. 1429 — Exhibit 1
Page 170
(1) The Community Development Department shall review all applications for a
Conditional Use Permit, variance and other proceedings subject to
public hearing before the Planning Commission, and shall render to the
Planning Commission a report of its review, observations and
recommendation prior to the date of such public hearing.
(2) Pertinent information shall be furnished to the Community Development
Department to enable review and evaluation of proposed developments.
(3) The decision of the Community Development Director in matters of original
jurisdiction and those referred to him by the Planning Commission or City
Council shall be final, unless appealed in writing as herein provided.
(4) Development shall commence within o p, -_1
?g
cgo�"-gl-'i Fit y , otherwise, a new evaluation and review shall be
required prior to any development ¢ G rized.
52. Section 92728 is hereby repealed in its entirety.
53. Section 9273(a) is hereby amended as follows:
(a) Except as otherwise provided in this Section, a lawfully established structure or
use may be continued although the particular structure or use does not conform
to current applicable regulations for the district in which the particular structure is
located or use is made; provided, however, no legal nonconforming structure or
use of land may be extended to occupy a greater area of land or structure than is
legally authorized at the time the structure or use first becomes legal
nonconforming. If any legal nonconforming structure or use is discontinued or
abandoned, any subsequent use of such land or structure shall conform to the
regulations specified for the district in which such land or structure is located. If
no structural alterations are made therein, a legal nonconforming use may be
changed to another use of the same or more restrictive classification upon the
securing of a u Use Permit. If the legal nonconforming use is
replaced by a more restrictive legal nonconforming use, the occupancy thereafter
may not revert to a less restrictive use. If any legal nonconforming use is wholly
discontinued for any reason, except pursuant to a valid order of a court of law, for
a period of one (1) year, it shall be conclusively presumed that such use has
been abandoned within the meaning of this Chapter, and all future uses shall
comply with the regulations of the particular district in which the land or structure
is located.
54. Section 9273(b)(6) is hereby amended as follows:
(6) The owner or any other individual may, within twenty (20) calendar days of the
mailing of the preliminary determination, request a hearing on the preliminary
determination before the Zoning Administrator by submitting a written request
identifying the preliminary determination, and submitting therewith a hearing fee
in such amount as the City Council may establish by resolution. The hearing shall
be set within thirty (30) calendar days and occur within ninety (90) calendar days
of the receipt of the request for hearing, and notice of the hearing shall be mailed
at least ten (10) calendar days prior to the hearing to the owner and to any other
Ordinance No. 1429 — Exhibit 1
Page 171
individual(s) requesting the hearing. The owner and each individual requesting
the hearing shall have the opportunity to present evidence and witnesses
regarding the nonconforming status. The hearing may be continued from time to
time by the Qr- _Director. Within thirty (30) calendar days of
the conclusion of the hearing, the Communi
.L),pr,r-ye Director shall send to
the owner and any individual requesting the hearing a written final determination
of conforming or nonconforming status that shall include a finding that the
available evidence indicates the use and/or the structure is or is not legal
nonconforming. If no hearing is timely requested, the preliminary determination
shall be deemed final.
55. Section 9273(d) is hereby amended as follows:
(d) A legal nonconforming structure, destroyed to the extent of more than fifty (50)
percent of its replacement value at the time of its destruction by fire, explosion or
other casualty or act of God, may be restored or used only in compliance with the
regulations existing in the district wherein it is located,-,-,
56. Section 9273(h) is hereby added as follows:
c events maw
be reconstructed or - pl- cal construction P!
-P- -r-'F
h, El d fl
gf
Howev-- rgqp - all current buildfinc
_�Iag t -onstruction shal- cornply w a
and fire code regulafions, (CAL, GOV r'0QE -�4 6585225�,,
L=u- — U,
57. Section 9274a(1) is hereby amended as follows:
(1) Part 9, Administration of this Chapter concerning application for and action on a
58. Section 9274e(4)(b) is hereby amended as follows:
(b) In no event may rents be increased following approval of a tentative map or
't
Conditional Use Perr-nit without prior City Council approval by resolution or
minute order.
59. Section 9275 is hereby amended as follows:
9275 REGULATION OF AREAS FOR COLLECTING AND LOADING
RECYCLABLE MATERIALS
Shall conform to standards and site development standards set or in Section
431'6 of the Tustin City Code et al,
a-
Ordinance No. 1429 — Exhibit 1
Page (72
a„'c--`:"t-tu s..„ - ..111"' <„ -V-.�`:_..,r
pan fur -�.;� p. ` -, t - i' ;- :,—
(4
{_ ._. --° pry hq _ - .. o : '
o
.. min, ;
r
r. �
sv
a PFG R _
f-0- wing
m ---fff
qE;
rr SIG
m, - x- i- -�,�- ; . - r n!-! p
and
fa-'-; s-al`e ":`per
e,--- rr mod r 'Il
s*4rr =gas
a t =
^s
awnd
Ordinance No. 1429 - Exhibit 1
Page 173
ti Ite— 1A. adhe
c, e Ue iq .°a R --Fy •- PG
� Ill 3 1 e= ff 11-73,
d—C4,G
d-&-of 44e
(4Inn— I -Gap_ r
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433, G 14 VHG, -
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GI P-r qll PN A
F-u r r
effe-is 4 b --encaos-mfa-
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Ordinance No. 1429 - Exhibit 1
Page 174
-ve-n-
seth
'r n
3
A
"Aaw 434e--X-e�raE GY-1
I
wnd-kaad� b, ee o� F - —le
o
t -
,5-8-a :ham ra, -ac,,�-ef)ted -&4GW
W--M-a14& haq -Caralle-�Afrw I& = -sub"a
rrew4evw-
60. Section 9276b definition of "Building-mounted" is hereby amended as follows:
"Building-mounted" means affixedm-eq,-: to-41hie--s --en a building or to
--h
and --_ �rex such as a water tank, billboard, rAiu-ch, -steeple, freestanding sign,
etc.
61. Section 9276f(2)(a) is hereby amended as follows:
(2) Site selection order of preference
(a) Wireless communication facilities shall be located in the following order of
preference:
On existing structures such as buildings, communication towers,
G - 4 t� F r-, 1h steeples, freestanding signs, and/or co-located on existing
facilities.
2. In locations where the existing topography, vegetation, buildings, or
other structures provide the greatest amount of screening.
3. On vacant ground without significant visual mitigation only in
commercial and industrial zoning districts.
62. Section 9276j is hereby amended as follows:
LEMEKEU=
Each wireless communication facility approved subsequent to the adoption of
Ordinance No. 1192 shall be reviewed by the Community Development Director at the
end of five (5) years and/or at annual intervals thereafter from the date of design
Ordinance No. 1429 — Exhibit 1
Page 175
review and/or conditional use permit approval. The Commu 1-- �----"cq
V Id
I'll, J
tz _Iel p Director
may defer this review to the Planning Commission on a case-by-case basis. The
Director or Planning Commission, as applicable, may recommend a condition of
approval to the Planning Commission or the City Council, respectively, to modify
existing conditions or impose new conditions as part of this review to protect the public
health, safety, community aesthetics and general welfare, which condition shall be
subject to the approval of the City Council.
63. Section 9276k is hereby amended as follows:
k Conditional Use Permit Expiration
Each major wireless communication facility approved subsequent to the adoption
of Ordinance No. 1192 shall be approved for a period not to exceed the term of the
lease with the property owner, including any extension thereof, for the major wireless
communication facility. A recorded memorandum of lease setting forth the term of the
lease shall be submitted to the Commurfitv Deveinp—g— Director prior to the issuance
of a building permit for the major wireless communication facility. If the lease is
extended or terminated, the operator of the wireless communication facility shall
provide notice and evidence thereof in writing to the Community Development Director
no later than five (5) days prior to the extension or termination of the lease. Upon
termination or expiration of the lease, the —�;endkll d""onditional Use Permit
for the facility shall become null and void and the facility removed
64. Section 9290 is hereby amended as follows:
9290 ZONING PERMITS
Zoning Permits shall be issued in conjunction with and as a part of building
permits, a 2_4 I
y only after the
Qommun�r�_._ �2,v rq y
de r= that any proposed use or the erection, construction, reconstruction.
iterafion or convers-�on is in conform
_a, ni with the regulations for the district in
which it is to be located.
No building permit shall be issued until the zoning permit portion thereof
has been completed by the C,,r-r r3�d- --Gf
65. Section 9291 is hereby amended as follows:
9291 CONDITIONAL USE PERMITS
a General
Conditional Use Permits may be issued as provided in this Section for any
of the uses or purposes for which such permits are required or permitted by the
terms of this Chapter upon conditions designated by the ,-
the Planning Commission. The 'Zo Administrator or thH 1-1la-1-11-11ing -Commission
may impose such conditions as it deems necessary to secure poses of this
Chapter and may require tangible guarantees or evidence that such conditions are
Ordinance No. 1429 — Exhibit 1
Page 176
being or will be complied with. Applications for tk-s --pu Qondonal Use Permits
may be considered after holding public hearings thereon, as required by law.
Notice of such hearings shall be given to the persons designated and in the
manner prescribed in Section 9,-V,,-;6G9296b.
b Application
Application for L-i Co al
ndifional Q-c2e Permits shall be made in writing
l'----
by the owners of the property, lessee, purchaser in escrow, or optionee, with the
consent of the owners, or plaintiff in an action for eminent domain for acquisition of
said property, on a form prescribed by the Planning Commission. The application
shall be accompanied by a fee as set for"h by 'ouncil R-psolution c4f—,ane
110- , !-Land plans showing the details of the proposed use to be
made of the land or building.
c Decision of the Zo Administra'or o-- the Planning Commission
Upon receipt of the application for Conditional uUse hermit, the Z n 2-ta
Administrator or Planning Commission shall determine whether or not the
establishment, maintenance or operation of the use applied for will, under the
circumstances of the particular case, be detrimental to the health, safety, morals,
comfort and general welfare of the persons residing or working in the neighborhood
of such proposed use, or whether it will be injurious or detrimental to property and
improvements in the neighborhood or the general welfare of the City. If the
Commission finds that the aforementioned conditions will not result from the
particular use applied for, it shall grant the p ra l JQ, Permit. The
granting of a —j JP,pLrrn,- applied for by the plaintiff in an
action in eminent domain to acquire the property shall be conditioned upon ultimate
vesting of title of the property to the plaintiff.
66. Section 9292b is hereby amended as follows:
b Use Variances Not Allowed
The use of lands or buildings not in conformity with the regulations f
in the specified-for-trwa district in which such lands or buildings are located may not be
allowed by the granting of a variance from the strict application of the terms of this
Chapter.
67. Section 9293 is hereby amended as follows:
a Effective Date of a Permit
No ums- 41"'onditional Use Pel,mit or permit granting a variance shall have
any force or effect until the applicant thereof actually receives such permit designating
the conditions of its issue thereon and signed by the Secretary of the Planning
Commission M"IMST �alrjr
Administrator or 0— Q ncil. No permit shall be issued by
the City until the time for filing an appeal from decisions of the Planning Commission or
-n_i_, as provided in Section 92 4----- 4 hereof has expired, or, in the
-
event of such appeal, after the final determination thereof by the City Council.
Ordinance No. 1429 — Exhibit 1
Page 177
b Length of Permits
Any Q Use --errnft or variance granted in accordance with
,- L
the terms of this chapter shall be null and void if not used within one (1) year from the
date of the approval thereof or within any longer period of time if so designated by the
Z '
o Planning Commission or the City Council.
c Revocation of Permits
Any u_ i Conditional Use Permit or variance granted in accordance with
the terms of this chapter may be revoked by the City Council in the manner
hereinafter set forth if any of the conditions or terms of such permits are violated or if
the following findings are made:
(1) In connection with s: The continuance of
the use would be detrimental to the health, safety, morals, comfort and
general welfare of the persons residing or working in the neighborhood of
such use, or would be injurious or detrimental to property and improvements
in the neighborhood or to the general welfare of the City.
(2) In connection with variances: Continued relief from the strict application of the
terms of this chapter would be contrary to the public interest, safety, health
and welfare.
d Hearing for Revocation of Permits
Before the 1qil
Council considers revocation of any permit, the Planning
Commission shall hold a hearing thereon after giving written notice thereof to the
permiftee at least ten (10) days in advance of such hearing. Within five (5) days
thereafter, the Commission shall transmit a report of its findings and its
recommendations on the revocation to the City Council.
e Subsequent Applications
For a period of one (1) year following the approval, denial or revocation of a
discretionary land use permit, no application for the same or substantially similar
discretionary permit for the same site shall be filed.
f Modification of Conditions of Approval
No request for modifications of any condition of approval relating to any fee,
exaction or dedication of real property imposed on any land use permit or approval
shall be accepted after the final decision on the land use permit or approval unless
accompanied by a significant change in the size or intensity of the proposed project.
68. Section 9296 is hereby amended as follows:
9296 NOTICES OF HEARING
a Public Hearings
Ordinance No. 1429 - Exhibit 1
Page 178
Whenever this Chapter prescribes that a public hearing shall be held on the
discretionary application kaF-such as, but not limited to, variance or amendments to
this Chapter, notice thereof shall be given as provided in this Section.
b Notice of Hearing
Notices of the public hearings on applications for Q.-on dig ionai Use
c-j
variance, appeals and amendments to this Chapter changing the
boundaries of any district shall be given by the body conducting such hearings in
the manner prescribed by Sections 6500-0 or 657091— and 65854 of the
Government Code of the State of California.
,4
c
d Notice of Hearing: Special Hearings
Notices of public hearings on matters other than as specified in Subsection
"b" hereof shall be given by the body conducting such hearing by publication in a
newspaper of general circulation in the City of Tustin, at least ten (10) days before
the hearing.
ed Notice of Hearing: Failure to Post Notices
Failure to mail or post notices as specified in Subsection "b" hereof shall
not invalidate any proceedings.
fe Notice of Hearing: Filing of Affidavit
Upon completion of the posting or mailing of the notices provided for in
Subsection "b" and publication of notices as provided in Subsections "b" and "c"
hereof, the City Clerk, if the hearing is held by the Planning Commission, or if the
hearing is held by the City Council shall cause an affidavit of such mailing or
publication to be filed in the permanent records of the particular proceedings to
which such notices pertain.
69. Section 9297 the following definitions are hereby amended or added as follows:
"Convenience Zon-" means the area within a % mile radius of a
e". mons based on C" A L. PRCI
r
- Identified in the Pr oat essive Grocer Marke- Guidebook,
- Gross annual sales of L;2-', mi'llion or more,
REELS
2-2! —
A "full-line" store that sells aline of & y_f rg Cis anned go
or non-tood items
ishable items,
W,rdinancenlo. 1429 - Exhibit
Page •
"Deficatessen" means a small market or deli -f ods.
€�n&,Idina but not fli m fed to cold cooked at., -�� r � � �r salads.
.
"Dwelling" means a building or portion thereof designed for residential
s . -.r.
Lill
b ,
i
"Guest Q ua£'e s means an atfached or detached or o that
=-=. 1 c@ b{,^Y'�- x<i z<.'r"a "..7t S3 ,r^. �?. r' c"'r".
E .r.7.,..�.0, .,...,..- mss. -==_ ....,,.<..,�... f o kitchen .� .a 2 x �g
<r=m! e $ s€ < f ` not rei to a P° `<'
leas4
"Home Occupation" means an occupation carried on wholly within a
dwelling by an occupant of the dwelling, as a secondary use --ir > _ =
-AG . .. f ".i
E
Pie
f'-''-" '- r- ,F.';<..4!"x''�- 'a°`'-^e`.. - `'€ `— ._- a -.,-rt ,'^tre '°- ,.�...:�
�'�-e r < s g
<
-otherwise
w?., -^� e
�.. r
Wr
hree-
w rs
."<s`. ` 'd 'n`. `€rte'. ; _ .��`�:�. .t;.,�h ;-fi r: q9 PN- .,r.�� rR
aa<F�,-G;€ .tea.
< L21—
2LipLim@�iL
. , ...6t >a fe the ; s ,<-, i t .. -`,LS € ," more streets
where they intersect at an interior ' f not more than "x
€ < ( tI ! % IC- �� � _ 1- r1,
onsMer d an iMerior lot.
Z D€`°,; ale taa ss"'t, � t with frontage
hL
*rdinance No. Exhibit
Page 180
4 Interior lot, ab. ne street-
5, €, r e corner lot. A corner €o in which he ',t lot € n'€e is
Adtily a continuation of the front !prop)erty line of the finst lot W
t
U E
�-?. .. r�. y §
s 3 2r � �.` �.�..= means ns� ,k €�*<�,:4€E.g ;„� >- .. -;..� € �<.'�.� of 6 d. @.,4w.�a��i �»# used "$ ".<„e
re ses as defib
leers u# Mi o instruction. worship, r s'er'a � r
awaiting � a �_€.r`��,gUoe �. �,.-.. .. ,.,,
tee_ y<eaem� le<2,+,
used fqr,.JJ!,. pthering of pqpp!e for the
'€y hac n r ter' zr` -vo on Places of worship
~#Eth more
biv < i to rr a n s se N forth ..in the
Tustin Buildina Code,
"Recycling ente f=a�_i y" is a center for the collection of recyclable
materials k
12 a .x —�
,,.*° s't.e's' "3 -�"�' hAd i.
Ordinance No. 1429 - Exhibit 1
Page 181
C
, , �-; i-ig--- --a rzer- Jt
h-a-- � --
exr-x ter + --- ;;Arau-
---- - - - ---- ..... r
-faGdlifie- -,cA--GGGupy-a -p "ag---ex
"Service Station" means ap. 0-3- Use which provides for the
servicing of motor vehicles and operations incidental thereto, limited to the retail
sale of petroleum products and automotive accessories; automobile washing by
hand; waxing and polishing of automobiles; tire changing and repairing
(excluding recapping); battery service, charging and replacement, not including
repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning
and repair; installation of accessories; also including the following operations if
conducted within a building; lubrication of motor vehicles; brake servicing limited
to servicing and replacement of brake cylinders and brake shoes; wheel
balancing; the testing, adjustment, and replacement of carburetors, coils,
condensers, distributor caps, fan belts, filters, generators, points, rotors, spark
plugs, voltage regulators, water and fuel pumps, water hoses and wiring.
"Second Residential Unit" means a building or portion thereof designed
for residential us on a lot developed with a legal conforming single-
family dwelling.
---vue 4j.�nq"rvir.-
e & a r—at -mom hanxal—d- iGh
4= -f-44-414-G-r- pa e, -e- r-, �,a to w - -&kp -A,4h 4han 4the
po"o-e— 4&
-faq.-I -Trr!—Ui�t,�-
Ordinance No. 1429 - Exhibit 1
Page 182
4micro-wine.r es bever,,,ge
eans an establishnnent tha 'ncluid-
sale of win duced
—OGIU, q-t-
ent, The esablishment shaH not include -the sale
of alcoholic beverages kor on-si�
as a
, = -ko!!
r od; ig inerkes, ----hall n%
6'd
combination with its orima use,
70. Section 9298 is hereby amended as follows:
9298 INTERPRETATION AND ENFORCEMENT
a Continuity of Law
Except as specifically provided herein, this chapter shall not be interpreted
to repeal, abrogate, annul or in any way affect any existing provision of any law or
ordinance or regulations or permits previously adopted or issued relating to the
erection, construction, moving, alteration or enlargement of any building or
improvement; provided however, in any instances where this chapter imposes
greater restrictions upon the erection, construction, establishment, moving,
alteration or improvement of buildings or the use of any building or structure that is
imposed or required by an existing law, ordinance or regulation, the provisions of
this chapter shall control.
b Criteria for Use Determination
Whenever
the
Director of Community Development,
Planning
Commission r I
Q is called upon 'o determ'ne, in
,gases al
or struCture in any
district is
s imflar m character to the Darticular uses or pl-ins, :,allowed in the district, the
Director of Communitv Develooment. Plannina Commission or the Citv Coouncil
'a
shall consider 'he folio inn factors as criteria for their determi '
P n
ILV zt; H4
a4--
(1) Effect upon the public health, safety and general welfare of the neighborhood
involved and the City at large.
(2) Effect upon traffic conditions.
L, Effect upon the orderly development of the area in question and the City at
large, in regard to the general planning of the whole community.
4
roe0inent flacts.
C Inten,:,retation
Ordinance No. 1429 — Exhibit 1
Page 183
lf gniy arises concer.,,-i .,,r p mow — — ------- - --
Dir c-o, of V 1,16
.e Gommunit F,,y,,--gp!ngnL,sha11 make an interoretation or
the Planning Commission shall asce, ain all ruprfine-nai facts and make an
on i's findings and 'hereafter such 'riter.pnetation shnil ---m.
W
- -Responsibility of Enforcement
It shall be the duty of the Director of Community Development or
designee to enforce the provisions of this chapter pertaining to the use of land or
buildings in the erection, construction, reconstruction, moving, alteration, or
addition to any buildings or structures. Any permit or license of any type issued by
any department or officer of the City of Tustin issued in conflict with the provisions
of this chapter is hereby declared to be null and void.
d
de Procedures
Any building or structure erected, constructed, altered, enlarged, converted,
moved or maintained contrary to the provisions of this chapter and any use of land
or buildings operated or maintained contrary to the provisions of this chapter are
hereby declared to be public nuisances. The City Council may commence the
necessary action or proceedings for the abatement, removal and enjoining thereof
in the manner prescribed by law in the courts which may have jurisdiction to grant
such relief as will accomplish such abatement and restraint. The remedies
provided for in this section shall be in addition to any other remedy or remedies or
penalties provided in this chapter or any other law or ordinance.
elf —Appeals
Any person may appeal any decision of the Director of Community
Development in accordance with Section 9294 of this Code.
%L—Consistency With All Laws
Notwithstanding any provision of this Code to the contrary, any use,
entitlement, authorization, license, or permit allowed or issued under this Code,
including without limitation any accessory or ancillary use, shall be consistent with
applicable state and federal law. Any use or activity that is illegal under local, state,
or federal law shall be deemed a prohibited use in all districts within the City.
71. Section 9299b is hereby amended as follows:
b Duties
The Community Development Director, or his/her designee, acting as the
Zoning Administrator, shall have dual responsibility with that of the Planning
Commission to hear and decide in accordance with Council policy and provisions
of this chapter, and has the authority to approve, conditionally approve or deny the
following requests when such requests constitute a reasonable use of property not
*rdinance No. 1429 — Exhibit
Page 184
permissible under a strict literal interpretation of the regulations. The Zoning
Administrator reserves the right to forward any matter listed below to the Planning
Commission for consideration and action. Requests for minor adjustments Zoning
Administrator variances in excess of the limitations prescribed in this subsection, or
those development standards not specifically listed in this subsection, shall be
subject to the approval of a variance by the Planning Commission. Requests for
conditional use permits or other specified development applications not specifically
listed in this subsection shall be subject to the approval of a conditional use permit
or other discretionary review by the Planning Commission or other reviewing body
as applicable.
(1) Minor adjustments:
(a) A decrease of not more than five (5) percent of the required building site
area.
(b) A decrease of not more than ten (10) percent of a required building or
landscaping setback.
(c) An increase of not more than twenty (20) percent in the maximum permitted
height of a fence solid hedge or wall, subject to city approved structural
design.
(d) An increase of not more than ten (10) percent of the permitted projection of
steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry
chimneys, raised porches and fireplaces into any required building setback.
(e) An increase of not more than ten (10) percent in the maximum permitted
building height.
(f) A decrease in the number of required off-street parking spaces for
nonresidential land uses up to a maximum of ten (10) percent.
(g) A decrease of not more than ten percent (10%) in the permitted distances
between detached accessory structures and main structures.
(h) An increase of not more than ten (10) percent in the maximum permitted
driveway area within the front yard setback for residential districts or the
front yard for commercial and industrial districts.
decrease in the number of required off-street parking spaces for
residential land uses by a maximum of one (1) parking space. When a
second residential unit is being added under the provisions of Section 9222
or 9223, parking shall be in accordance with the requirements of those
sections.
L' A n L
o more than ten 110) percent of ffie -maximum
Almwod pp zoning rePlUlations.
Ordinance No. 1429 — Exhibit 1
Page 185
(2) Variances when required by the City Code:
(a) A decrease of not more than ten (10) percent of an individual required
building site area.
(b) An increase of not more than twenty (20) percent of the permitted projection
of steps, stairways, landings, eaves, cornices, canopies, overhangs,
masonry chimneys, raised porches and fireplaces into any required building
setback.
bmc-Aweeesn, A'eAa, scjf-
decrease in the number of required off -street parking spaces for
nonresidential land uses up to a maximum of twenty (20) percent.
decrease of not more than twenty (20) percent in the required setbacks
for buildings, landscaping, swimming pools, spas and equipment.
(e) An increase of not more than twenty (20hpercent of the maxM .M RIM area
(3) tConditional Use PprmRs when required by the City
Code:
(a) Dish antennas.
(b) Bulk Reverse vending machines.
(c, -r1gsirwss overration
:ston-ax h n view fr
i
r i (4- 11 AJ
,Large eu -
1, d On-premises dry cleaning.
ILMinor CUPs for existing development where there would be no change of
o
ie—cupanG - o—r_primary use, there would be no expansion of floor area, and
the request would not alter the original intent of the project or site.
On-site alcoholic beverage sales license for restaurants.
Secondhand sales when pawning is not included.
Development or construction of new buildings in the Commercial General
(CG) or Industrial (M) Districts where more than fifty (50) percent of the total
area, or any portion of the ground floor, is designated for use -GeGtu'---pP__rby
professional or general offices.
QLAccessory buildings used as guest =.
Ordinance No. 1429 — Exhibit
Page 18•
ua one y, - six-,M
Temporary uses for a period of more than
Professional and general offices fronting onto Main Street and El Camino
Real and located within the Old Town Commercial General land use
designation.
(4) Specified development applications:
(a) Soil remediation activities, subject to the same findings as required for a
conditional use permit.
(b) Time extensions of not more than twelve (12) months from the original
expiration date for minor adjustments, conditional use permits, variances,
design reviews, subdivisions and other development applications, subject to
the same noticing requirements that were given at the time the project was
originally approved.
(c) Except where design review is required by the planning commission
pursuant to an adopted specific plan, (a) design review applications within
redevelopment project areas; (b) minor design reviews within
redevelopment project areas which include modifications to existing
structures and/or existing facade or site modifications which constitute a
change in three (3) or less major design elements which do not result in a
completed facade upgrade; (c) single-family homes not part of a
subdivision, (d) residential room additions and (e) new or modified
accessory structures associated with existing development.
(d) Amendment to conditions of approval established by planning commission
or city council. Condition amendments that are determined by the
Community Development Director to be minor in nature and will not alter
the original intent of the project or site. Examples would include changes to
exterior materials, colors, elevations, landscaping, walls/fences and hours
of operation.
111. Article 9 Chapter 4 of the Tustin City Code is hereby amended as follows:
1. Section 9402 the following definition is hereby added:
"Fig, Roof' means a roof having no slo
pe, or one with on,,' � a slight pitch so as to drain
rainwater,
2. Section 9404a1(p) is hereby amended as follows:
(p) Roof-tGp signs_, !p r m - -1
, 'con, Igg,
on a flat roof so not to be seen from a horizontal o4ane of view below the
roof line and �yp�L) Ejajr_ of a Maszter ian Plan pursu'ant to 9403h or
9 404b&
EXISTING CODE (SECTIONS TO BE AMENDED)
Munioodo
Page lof7
4310 - DECLARATION OF PURPOSE AND SEVERABILITY
4312 - SOLID WASTE RESPONSIBILITIES FOR GENERATOR
4313 - SOLID WASTE COLLECTION SCHEDULES
4314 - ENCROACHMENT PERMIT FOR SOLID WASTE CONTAINER PLACEMENT IN PUBLIC RIGHT-OF-WAY
4315 - MISCELLANEOUS PROHIBITIONS
4310 - DECLARATION OF PURPOSE AND SEVERABILITY
o. The purpose Of this Chapter iak]regulate solid waste handling in order h} protect the public
health, safety and welfare and to meet the City's obligations under the California Integrated
Waste Management Act of 1989 (Public Resources Code Sections 40,000 et seq.)
(Hereinafter "AB 83S").
U. Pursuant to the California Constitution, the City is authorized to enact ordinances to protect
the public heo|th. Safety. and welfare. Pursuant to Public Resources Code Section 40059.
aspects of solid vvaata handling of local concern inc|ude, but are not limited to, the frequency
of collection, means of collection and transportation, level of service, charges and fees, and
whether solid waste services are to be provided by means of non-exclusive, partially
exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and
conditions of such franchise, license Orpermit.
C. If any section, sentence, clause, or phrase of this Chapter is, for any reason, held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions.
The City Council of the City of Tustin declares that it would have passed this Chapter and
each section, subsection, clause, and phrase thereof irrespective of the fact that any one (1)
or more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional, and would have passed and adopted the same even though any parts,
sections, subsections, sentences, clauses or phrases that may be held invalid had been
omitted therefrom.
(Ord. No. 1325, Sec. 1.2-5-O7)
4311~DEFINITIONS
For the purposes of this Chapter, unless otherwise apparent from the context, certain words
and phrases used in this Chapter are defined as follows:
"AB 939"or"Act" means the California Integrated Waste Management Act of 1989,
codified |npart at Public Resources Code Section 408OOotsSq,aeit may bo amended from
time hotime and as implemented by the regulations Of the California Integrated Waste
Management Board, or its successor.
Muoicodc Page 2o[7
"Applicant" means any individual, firm, limited liability company, association,
partn*rahip, political subdivksioD, government agency, nnunkcipa|hv, indusky, public orprivate
corporation, or any other entity whatsoever who applies to the City for the applicable permits
to undertake any construction, remodeling or demolition project within the City.
"C&D" means "construction and demolition."
"Cit/' shall mean the City OfTustin.
"Construction and demolition debris" or "C&D debris" shall mean used or discarded
materials removed from premises during construction, renovation, remodeling, repair, or
demolition operations on any pavement, residential building, commercial or industrial
building, or other structure and shall include, but is not limited to concrete, asphalt paving,
asphalt roofing, lumber, gypsum board, rock, soil and metal.
"Construction, remodeling Vr demolition project" means the erection Vr demolition uf
or the making of changes to any building, structure or landscaping which generates C&D
debris.
"Contractor" means any person or entity holding, or required to hold, a contractor's
license of any type under the laws of the State of California, or who performs (whether as
contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or
landscaping service relating to buildings or accessory structures in the City of Tustin.
"Covered project" has the meaning set forth in subsection 1).
"Diversion requirement" means the amount of waste collected by the franchisee and
the amount of C&D debris for each project that must be diverted from landfills.
"Divert" means to use material for any purpose other than disposal in a landfill or
transformation facility.
"Fnanohis8" means the right 0rprivilege conferred bv the City 0n one (1) 0rmore
private entities for the collection, transportation or other handling of solid waste.
"Franchisee" means a solid waste enterprise having a solid waste franchise
agreement with the City.
"Green waste" means vegetative cuttings, shrubs, stumps, brush, tree trimmings,
grasses, and related materials that have been separated from other solid waste. Green
waste does not include stumps or branches with a diameter exceeding eighteen (18) inches
or a length exceeding four (4) feet.
"Hazardous waste" means any substance, waste or mixture of wastes defined as
"hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and
Recovery Act ("F?CRA").42U.S.C. Section 9601 atG8q.. the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA").42U.S.C. Section 9601 etseq..and
all future amendments to either 0fthem, Oraadefined by the California Integrated Waste
Management Board, and all substances defined as hazardous waste, acutely hazardous
vvaeto. or extremely hazardous waste by the State of California in Health and Safety Code
Sections 2511O.02'25115, and 25117Orin the future amendments toorrecodifiCationsof
such statutes or identified and listed as hazardous waste by the U.S. Environmental
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Protection Agency (EPA). Where there isa conflict in the definitions employed bv two (2) Or
more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste"
shall be construed to have the broader, more encompassing definition.
"Poruon" shall mean any solid waste enterprise, individual, partnership, joint veniunS,
finn, corporation, nonprofit c0rpOr3tVn, aSsVdotion, organizetion, unincorporated private or
public organization, or any other combination orentity.
"Premises" means any building, dwelling, or site in any zone within the City from
which any activity is conducted, including, without limitation, residential, service, nonprofit,
governmental, inStitudona|, educational, iDdustriG|. C0nonnercia| or agricultural uses.
"Project" means any activity that requires 8n application for a building Ordemolition
permit Or any similar permit from the City.
"Public Works Director" shall mean the Public Works Director or his/her designee.
"Recyclable solid waste" shall mean all solid waste which can be recycled and which
is separated from other solid waste for the purpose of being recycled such as, but not limited
to' aluminum, cardboard, glass, grass, and yard cuttings, nl8{a[ newspaper, paper, and
"Recycle" or"reovc|n0" shall mean the process of collecting, transferring, sorting,
deansing, tr*[dinQ, and reconstituting materials that would otherwise become solid vvmotR,
and returning them to the economic mainstream in the form of raw material for new, reused,
or reconstituted products that meet the quality standards necessary to be used in the
marketplace.
"Remodel" means any change, addition, or modification to an existing structure.
"Reuse" means further or repeated use of C&D debris or other types of solid waste.
"Roll-off box" means @ container used for solid waste collection, usually ten (10to
fifty (50) cubic yards in size, which is removed from the premises and transported to a
recycling or disposal She for solid vv@Gte removal. Roll-off boxes are b/piCB|)y used fo[C&D
debris, other temporary solid vv8St8 OV||eotiVn needs, and for large solid waste generators.
"Salvage" means the controlled removal of C&D debris from a permitted building or
demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
"Scavenging" means the unauthorized removal of solid waste from containers or bins
of City franchisees. Scavenging is prohibited by this Chapter.
"Solid waste container" shall mean any bin, roll-off box, cart, receptacle, orother
container used to hold solid waste for collection and disposal or processing.
"Solid waste" means all discarded putrescible and non-putrescible solid, semisolid,
and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, green waste,
recyclable materials, bulky goods, discarded home and industrial appU8Does. CQ[}debris,
manure, vegetable or animal solid and semisolid wastes, and other discarded solid and
semisolid wastes. "Solid waste" does not include:
(a)
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Hazardous waste or low-level radioactive waste regulated under Chapter 7.6
(commencing with Section 258D0) uf Division 2O0f the Health and Safety
Code;
(b) Medical waste which ia regulated pursuant to the Medical Waste Management
Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the Health
and Safety Cud8);or
(c) Abandoned vehicles or parts thereof.
"Solid waste handling services" shall mean the transportation, atorage.hanafer
processing, disposal or collection (whether from the CurbSide, bins, roll-off box or any other
type of solid waste container Or location) of solid waste for r8sidenhe|, o0mmnroi8|,
inSdtudQna|, industrial or any other originators, users or customers.
"Waste reduction and recycling plan" or"VVRRP"means a completed form submitted
bvan applicant for any covered project opprOvedbvfheCitvforthepurposeofcOnnp|ianc8
with Part 5Of this Chapter. The first portion of the form is submitted when applying for a
permit, and the second portion when the project isCOnnpieted.
"VVRRP" means "Waste Reduction and Recycling Pkan."
4312 ~ SOLID WASTE RESPONSIBILITIES FOR GENERATOR
Collection arrangements required: Unauthorized accumulation prohibited and declared a
public nuisance.
1 |n order h]protect the public health, safety, and welfare and h3 prevent the spread 0f
vectors, the owner, occupant, or other person responsible for any premises in the City
shall arrange with a franchisee for the collection of solid waste, as set forth in this
Chapter.
2. |tio unlawful for the person having control 0r possession Of any premises iD the City to
fail orneglect to provide for the removal Of solid waste. Each day's violation ofthis
section shall bn treated and considered 8S8 separate and distinct offense.
3. Any unauthorized accumulation of solid waste on any property or premises is hereby
declared e public nuisance and is hereby prohibited.
Frequency of solid waste collection:
Solid waste created, produced or accumulated in or about premises in the City shall
bn removed from premises *d@ minimum of:
(a) Every four (4) days for putrescible waste;
(b) Once each week for no blewaste.
The following materials may be collected less frequently unless the City deems
otherwise:
(a) Temporary solid waste containers nn construction Or demolition sites
containing no food waste, food wrappers, yard waste, or any form nforganic
waste;
(b) Reoyc|ab|ee containers containing no food waste, food wrappers, yard waste,
or any form of organic waste;
3, If conditions warrant, the County Health Officer or the City may require agreater
frequency ofremoval.
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Recyclable solid waste collection:
1. Ownership Of recyclable solid waste. Upon placement of recyclable solid waste ata
designated recycling collection location, such recyclable solid waste shall become the
property of the Franchisee engaged to collect such material.
2� Collection by persons other than an authorized Franchisee prohibited. It is unlawful for
any person, except for the permitted Franchisee engaged to provide such service, to
CO||eSt recyclable solid vv8Ste from a designated recycling collection container. The
City may, at its option, arrange for collection in the event of health and safety issues
or0fa dispute between the Franchisee, the customer and the City.
3. Generator's right bz recycle. Nothing in this Chapter limits the right of any person to
sell, donate, or otherwise divert their own recyclables from landfilling, except that
reoyo|8b|eS deposited into containers provided byaFranchisee and placed for
collection shall become solid waste and the property of the Franchisee as provided in
subsection 1. above.
d. Containerization 0f solid waste.
l
All solid waste shall be placed for collection in containers provided by Franchisees,
except when special collections are authorized by this Chapter or the City's franchise
agreement. Special collection items, such as bulky items, holiday trees, bundled
residential green waste, and household hazardous waste placed for curbside
collection, must be placed for collection in accordance with the terms of this Chapter
or the City's franchise agreement.
2. Placement of solid waste containers for collection. Residential solid vvaSt9 containers
shall be placed curbside Orin the gutter, not earlier than twenty-four (24) hours before
collection is scheduled and removed not later than twenty-four (24) hours after
Solid vvaSta container storage enclosures.
(a) All solid waste containers, for both residential and commercial customers, must
be shielded from view within a building or area enclosed by a wall not less than
six (8) feet in height. No solid vvaSto container storage ahoU be within fhtv (50)
feet of any residential or open space planning areas unless it is fully enclosed.
(b) All new construction of residences and businesses must include sufficient
storage area for both solid waste and recycling containers. The City may
require that sufficient storage area for both solid waste and recycling containers
be built when on existing facility is being renovated. City will review plans to
ensure that adequate space will be provided prior to issuance of a building
permit.
4313-SOLID WASTE COLLECTION SCHEDULES
a. Collection hours. No collection of solid woahe, or delivery or removal of containers by a
Franchisee, shall be made from within two hundred (200) feet of any residence in the City
between the hours VfO:00p.nl. and 7:U0o.nn. any day unless prior written approval has been
obtained from the Public Works Director Ordesignee.
b. Holiday schedule. Franchisees may only postpone collection for the following holidays:
January 1st, MornohG| Day, Independence Day, Labor Day, Thanksgiving [}ay. and
Christmas Day. Service due on the holiday, and on each day during the remainder of the
holiday week, shall be delayed nV more than one (1)day.
PUBLIC RIGHT-OF-WAY
o. Except for curbside collection orstorage enclosure collection pursuant to Section 4312d,
prior b} placement of a solid waste collection container in the public right-of-way, th8p8rSoD
placing the container must obtain an encroachment permit from the City. A performance
bond or letter of credit may be required prior to issuance of the encroachment permit. Only a
Franchisee authorized by franchise, or customer hiring such a Franchisee, may obtain an
encroachment permit for a temporary collection bin. Applications for such permit shall b8On
forms supplied by the City and shall contain the following information:
(1) Name, address, and business telephone;
Cl` Evidence tf solid waste franchise O/permit;
(3) Name, address, and telephone number of person 0r persons who will have the
responsibility for the placement, servicing, and removal of the temporary solid waste
collection bin(s), as described above.
b. Applications shall be accompanied by a permit fee as set by resolution of the City Council.
Encroachment permits shall be issued for a time certain, and are revocable at any time by
the Qh/, if the holder of the encroachment permit violates City ordinances or State law, any
term of the permit, V/if the encroachment iS deemed toconstitute a traffic hazard orpublic
nuisance. A holder of an encroachment permit shall promptly remove or cause the removal
of the container(s) if the permit is revoked. All decisions of the City regarding the issuance
and revocation of encroachment permits are final and are not appealable.
C. Encroachment permits are not transferable by assignment, sale, or other means without the
express written permission of the City.
(Ord. No 1325. Sec, /'2-5-D7)
4315~MISCELLANEOUS PROHIBITIONS
u Noise. A Franchisee shall so conduct its operations as to offer the least possible disruution to
the existing noise levels Vf the area within which collections are made, but |nnOevent
exceed the City's Noise Ordinance.
Trespass. N0 person authorized tocollect or transport solid waste or recyclables shall enter
private property beyond the extent necessary to collect the solid waste or recyclables placed
for collection.
C. Scavenging. It is unlawful for any person, other than a Franchisee, the City, or the owner
thop8V[ to remove solid vvGste, including recyclable solid waste, from containers placed for
uo||ect|on, including temporary containers.
d. Transfer of solid waste on City streets. Under no circumstances may solid waste be
transferred between vehicles Vr otherwise in the public right-Vf-woy.
8. Prohibited disposal methods.
lBurning. U shall bB unlawful 6k anytime for any person, including Franchisees, b}burn
any solid waste Orreovcablen within the City.
2. 0A*oa/ dumping. It shall be unlawful for any person, including Franchisees, to cast'
place, sweep, deposit, or dump solid waste upon any private or public property in the
C|h/. except as provided for in this Code. It is unlawful for any person t0 p|8Ce.
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deposit, or dump hazardous waste, medical waste, or abandoned vehicles, or parts
tharmVf, upon any private nr public real property in the City.
Unauthorized disposal. No unauthorized person shall cause the placement of solid
woste, originating from other premises, within avvaste container designated to serve
the premises for which the container has been assigned.
Sanitary transportation of solid waste. NV person shall convey or transport solid waste upon
or along any public street in the City unless such solid waste is contained and/or covered or
otherwise secured to prevent it from leaking, dripping, falling, blowing, or scattering from the
vehicle in which it is being conveyed or transported. All vehicles and equipment used in the
transport of any form of solid vvgstS aho|| be kept clean. No person shall drain the liquid from
any such vehicle upon any road Or highway o[ upon any other land in the City. Persons
hauling solid vveSt8 on City streets oho|| completely empty the solid wastes from their
vehicles and/or containers at the disposal site, or recover them if they are not completely
*rnptied, in order to prevent the scattering of residue on the return trip.
Q. Hazardous solid waste.
1 Disposition. Generators, owners, and/or possessors of hazardous solid waste shall
dispose of all hazardous solid waste that they generate, own, or possess in
accordance with all local, state and federal laws.
2. Regulation. The County Health Official and the City may promulgate regulations
regarding the handling, transportation, and/or disposal of hazardous solid waste within
the City.
3, Collection. It is unlawful for City Franchisees to perform solid waste handling aen/inea
for hazardous solid waste, unless they are properly permitted and meet all local, State
and Federal regulations regarding the handling 0f such materials.
4� Placement in containers for collection. It is unlawful for any person to place hazardous
solid waste in containers for regular collection by Franchisee orate designated
recycling collection location.
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Tustin, California, Code of Ordinances >> ARTICLE 9 - LAND USE >> CHAPTER 2 - ZONING >>
PART 1 - GENERAL
PART 2 - RESIDENTIAL DISTRICTS
PART 3 - COMMERCIAL DISTRICTS
PART 5 - COMBINING AND OVERLAY DISTRICTS
PART 7 - GENERAL REGULATIONS
PAR T 9- ADMINISTRATION
Tustin, California, Code of Ordinances >> ARTICLE 9 - LAND USE >> CHAPTER 2 - ZONING >> PART I
PART 1 - GENERAL
9211 - ADOPTION OF ZONING PLAN
9212 - PURPOSE OF CHAPTER
9213 - DIVISIONAL DISTRICTS
9214 - DISTRICT REGULATIONS
9219 1~ADOPTION OF ZONING PLAN
There is hereby adopted a Precise Zoning Plan for the City uf Tustin. This Chapter shall be
known bv the following short title: "The Zoning Ordinance uf the City ofTuoUn."(CJrd. Nn. 157, Sec.
9212 - PURPOSE OF CHAPTER
The purpose of this Chapter is to provide for regulations for the systematic execution of the
Land Use element of the Master Plan for the physical deve|opnlentufdhaCity.k]rd.No.157.8oc.
9213 - DIVISIONAL DISTRICTS
e
Land Use Districts Enumerated
There are hereby established districts into which the City ia divided and which are
designated as follows:
Residential Districts
JR-A lResidential. Agricultural District
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E-4
IResidentiat Estate District
R-1
Single Family Residential District
P-D
Ptanned Development District
R-2
Duplex Residentiat District
f�-3
Muttipte Family Residential District
MPHrobilehome
Park District (Ord. No. 329)
St ential. District (Ord. No. 202)
Commercial Districts
PrProfessionat
District (Ord. No. 200)
C
Retail Commercial District
C
Central Commercial Districts
C
11-leavy Commercial District
C
Commercial. General District (Ord. No. 654)
Industrial and Other Districts
PM
Planned Industrial District
M
Industrial District
P-CP[anned
Community District (Ord. No. 335)
PEtIPubtic
and Institutional District (Ord. No. 525)
Parking District Combined with Other Districts
|n addition ho the districts established, there is hereby established one combining district
which may be combined with any of the districts set forth; said district to be designated as follows:
Combining Parking Districts ur"P" [}inthCta. /[)nd. No. 157, 8ao. 3.1\
c
District Boundaries
The boundaries of the 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, 3,4and 5. (Ord. NO. 157, Sec. 3.2\
SECTION 9220
RESIDENTIAL SITE DEVELOPMENT STANDARDS
"MAWWWOTBIA-ml
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Uncertain Boundaries
Page 3ofi34
Where the exact boundaries ofadistrict 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 district boundary line divides or splits e 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. /Ond. No. 157. Sec. 3.3\
e
Prezoning of Unincorporated Territory
Said Zoning Map of the City of Tustin may also contain, from time to time, zones designated
for areas not lying within the corporate boundaries of the City of Tustin. The designations of zones
fixed by pnazoning pursuant to this Section of any unincorporated territory adjoining the City shall
become the effective designated zone 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 its annexation becomes effective does not have a zone designated by prezoning, shall be
designated by the zone 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 aabeing in the "U". or Unclassified district. /(]nj. No. 303, Sec. 1>
9214~DISTRICT REGULATIONS
Except as provided in Parts 2.3 and 4.nu structure shall beerected, reconstructed,
enlarged, altered or moved; nor shall any building or land be used except as hereinafter specifically
provided and e||nvved in the districts in which such structure and land are located. ([)rd. Nu. 157,
Tustin, California, Code of Ordinances >> >> >> PART 2
-RES!DENTLAL DISTRICTS >>
9221 - RESIDENTIAL AGRICULTURAL DISTRICT (R-A
9222 - RESIDENTIAL ESTATE DISTRICT
9223 - SINGLE FAMILY RESIDENTIAL DISTRIq! (R:1)
9224 - PLANNED DEVELOPMENT QISTRI�P-Q�
9225 - DUPLEX RESIDENTIAL DISTRICT B--2
9226 - MULTIPLE FAMILY RESIDENTIAL D1a!R1Q!1&:J
9227 - MOBILE HOME PARK Q1STRIQIJL,4HP)
9228 - SUBURBAN RESIDENTIAL DISTRIQILR--4)
9221~RESIDENTIAL AGRICULTURAL DIST RICT (R-A)
a
Permitted Uses and Development Standards
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In the Residential Agricultural District (R-A) only the following uses, (or uses which, in the
opinion of the Cornnnunhx Development Director and/or the Planning Conlnniseiun, are ei,ni|ad will
be allowed subject to the development standards of this Chapter. (Ord. No. 1367, Sec. 11, 4-6-10)
1 Single family dwelling
(a) Maximum height: 3Ofeet
(b) Minimum building site: 7.200 square feet
kd Minimum lot width at property line: 60 feet nr4U feet required incul-de-sacs
(d) Maximum lot coverage: 4Opercent
<e> Minimum front yard setback: 20 feet
Ul Minimum side yard setback: Corner lot line: 10 feet, Interior lot line: 5feet
(9) Minimum rear yard setback: 5feet with not less than 1.00square feet, open
space on rear 1/3oflot
(h) Minimum lot area per family unit: 7.2D0 square feet
(i) Repealed. (Ord. No. 29S.Sec. 1; Ord. No. 1354.§U. 11-4-08\
U\ Repealed. (Ord. NO. 1240, Sec. 2. 8-6-01; Ord. Nu. 1354, Sec. U. 11-4-08)
2. Light farming, except commercial dairies, commercial kennels, commercial rabbit, fox,
goat or hog farms, nr commercial chicken or poultry ranches.
(o) Maximum height: 30feet
/b\ Minimum building site: 7.2O0 square feet
3. Accessory uses normally incidental to a single family dwelling or light farming. This in
not tobe construed ee permitting any commercial use.
4. Crop and tree farming
5' Home occupations in accordance with this Chapter. (Ord. No. 330, See. 2a)
0' Large family day nan* homes (subject inthe provisions set forth in Section 9271aa).
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 (F{+4) subject to the issuance of Conditional Use Permit. /C)nd. No.
1 Churches, schools, parks, playgrounds, public utility and public and quasi-public
buildings and uses, subject ho use permit.
(a) Maximum height: 30feet
(b) Minimum building site: 20,000 square feet for churches, 5 acres for schools,
public utility and other uses ao specified in use permit.
/n\ Minimum lot width at property line: 1OOfeet
(d) Maximum lot coverage: 40percent
(e) Minimum front yard setback: 25 feet, unless otherwise indicated by Zoning Map
Ul Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5fe9t
(9) Minimum rear yard setback: 20 feet
(h) Repealed. (Ord. No. 1354, Sec. U, 11-4-08\
2. The maintenance of not over two (2) horses or cows for private use provided that
minimum land area be thirty (30) thousand square feet, subject to use permit.
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(a) Minimum building site: 3D.O0O square feet
(b) K4inknunn lot width: 100 feet
(c) Minimum front yard setback: 60 feet, unless otherwise indicated by Zoning Map
(d) Minimum side yard setback: 20 feet
(e) Minimum rear yard setback: 10feet
o' The maintenance of not more than 25 rabbits or similar small animals or commercial
chicken naiainO, subject to use permit.
(a) Maximum height: 3Ufeet
(b) Minimum building site: one (1)acre
(«) Minimum lot width at property line: 100feet
(d) Minimum front yard setback; O0 feet, unless otherwise indicated bv Zoning Map
ka\ K8inirnuno side yard setback: Corner lot line: 20 feet; Interior lot line: 10 feet
(f) Minimum rear yard setback: 10 feet. (Ord. No. 157, Sec. 4. 1)
9222~RESIDENTIAL ESTATE DISTRICT(E-4)
a
Permitted Uses and Development Standards
In the Residential Estate District (E-4) 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. /C}nd. No. 1387, 8*o. ||,4-8-1O\
1 Single family dwellings
(a) Maximum height: 30feet
(h) Minimum building site: 1U.UOO square feet, unless otherwise indicated on
Zoning Map
kd Minimum lot width ed property line: 8Ofeet
(d) Maximum lot coverage: 40percent
(e) Minimum front yard setback: 20 feet
VV Minimum side yard setback: 1U percent of lot width
(Q) Minimum rear yard setback: 20 percent of lot depth
(h) Minimum lot area per family unit: 7.5OO square feet
(i) Repealed. (Ord. No. 298' Sec. 3; Ord. No. 1354. Sec. ||, 11-4-08)
U) Repealed. (Ord. No. 1240, Sec. 2.8-8-01;Ord. No. 1354, Sec. ||. 11-4-00)
2. Accessory buildings only if constructed simultaneously with or subsequent to the main
building nn the same |0t, and accessory uses normally incidental ho single family
residences. This is not to be construed as permitting any commercial uses.
/8\ K4ax/rnurn height: 20 feet
/b\ Maximum lot coverage: 30 percent of rear yard
(o) K4ininnurn side yard setback: 1 foot
(d) Minimum rear yard setback: 1 foot except 5 feet required on an alley
3. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
4. Large family day msne homes (subject to the provisions set forth in Section 9271 ea).
(Ord. No. 811, Geo. 2^ 5-21-84; Ord. No. 1307. 88c. |{. 4-6-10)
z Second residential units
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(o) Maximum height: 3Ofeet
(b) K4ininlurn building site: 12.0U8 square feet
(c) Maximum overall lot coverage for all structures combined: 50percent
(d) Maximum lot coverage for the second residential unit: 30 percent of rear yard
and 3U percent of side yard
(e} Minimum front yard setback: 5O feet for detached unit; 2O feet for attached unit
(D Minimum front yard setback for off-street parking: 50 feet
(Q) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 5feet
(i\ Maximum floor area uf second residential unit: 1O percent of total lot area
0\ Repealed. (Ord. NV. 1354, Sec. ||. 11-4'08)
(h) Repealed. (Ord. Nn. 1354, Sec. U. 11-4-08\
U)
The second residential unit shall be consistent with the architectural style,
materials and color ofthe primary single-family dwelling and shall not detract
from the single-family appearance of the primary single-family dwelling
(n«) The second residential unit shall not cause a substantial adverse change, as
defined in California Public Resources Code Section 5020.1, in the significance
of any real property that is listed in the California Register of Historic Places or
the City of Tustin Historical Resources Survey
(n) The second residential unit shall be constructed concurrently with, or
subsequent to, the primary single-family dwelling, which shall be conforming or
brought into conformance with the Tustin City Code
(») All entrances to the second residential unit shall be to the rear of the primary
single-family dwelling and shall not bevisible from the public hght-of-vvay
(P) When the primary single-family dwelling would conform to the development
standards normally applicable to second residential units, and the second
residential unit ie built between the primary single-family dwelling and the front
property line, the second residential unit shall be subject to the development
standards normally applicable to the primary single-family dwelling. (Ord. No.
1271, Sec. ||'G-2-03)
b
Conditionally Permitted Uses and Development Standards
1
Churches, schools, parks, playgrounds, public utility and public and quasi-public
buildings and uses, crop and tree farming; subject to use permit.
(a) Maximum height: 3Ufeet
(b) Minimum building site: 20.000 square feet for churches; 5 acres for schools,
public utility and other uses ae specified in use permit
(o) Minimum lot width at property line: 1OOfeet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 20 feet, unless otherwise indicated on Zoning K4ep
(O Minimum side yard setback: 10 percent nf lot width
(Q) K8ininnurn rear yard setback: 20 percent uflot depth
(h) Repealed. (Ord. No. 1354, Sec. 11. 11-4-08\
2. Accessory buildings used as guest rooms, providing no cooking facility is installed or
maintained, subject to use permit.
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Maximum height: 2Ofeet
(b) Maximum lot coverage: 30 percent of rear yard
(c) Minimum front yard setback: 50 feet unless otherwise indicated on Zoning Map
(d) Minimum side yard setback: Corner lot line: 10 feet, Interior lot line: 5feet
(e) Minimum rear yard setback: 5feet
9223 - SINGLE FAMILY RESIDENTIAL DISTRICT (R-1)
o
Permitted Uses and Development Standards
In the Single Family Residential District (R-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. (Ord. No. 1367, Sec. 11, 4-6-10)
1 Single family dwellings
(a) Maximum height: 30 feet
Ub\ Minimum building site: 7.200 square feet
(c) K4inknurn lot width at property line: 00 feat
(d) Maximum lot coverage: 4Upercent
(e) Minimum front yard setback: 20 feet
VV Minimum side yard setback: Corner lot line: 1O feet; Interior lot line: 5feet
(9) Minimum rear yard setback: 5 feet, but not !mss than 1.000 square feet clear
and unobstructed on rear 1/3oflot
(h) Minimum lot area per family unit 7,200 square feet
(i) Repealed. (Ord. No. 299, Sec. 2;Ord. No. 1354. Sec. ||, 11-4-08)
U) Repealed. (Ord. No. 124U. Sec. 2.8-8-01;Ord. NO. 1354, Sec. ||, 11-4-08)
2. Accessory buildings only if constructed simultaneously with or subsequent to the main
building on the same lot.
(a) K8axirnunn height: 20 feet
(b) K4ininnunn lot width at property line: 4O feet on cul-de-sacs at property line
/«\ Maximum lot coverage: 3O percent of rear yard
(d) Minimum front yard setback: 5Ofeet
(*) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet clear
and unobstructed on rear 1/3Oflot.
3. Accessory uses normally incidental to single family residences. This is not to be
construed ao permitting any commercial uses.
(o) Minimum side yard setback: 1 foot
(b) Minimum rear yard setback: 1 foot except 5 feet required on an alley
*. 8nnoU family day care home subject to the provisions set forth in Section 9271 oe.
(Ord. No. 563; Ord. No. 1367, Sec. 11, 4-6-10)
o. Home occupations in accordance with this Chapter. '(]nd. No. 330, Sec. 2a)
n. Large family day care homes (subject tothe provisions set forth in oa).
(Ord. N0. 911. Sec. 3.5-21-84;Ord. No. 091. Sec. 2. 8-3-87; Ord. No. 1367, Sec. 1|.4
-0-1O)
7. Second residential units:
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(a) Maximum height: 30 feet
(b) Minimum building site: 12,000 square feet
(c) Maximum overall lot coverage for all structures combined: 50 percent
(d) Maximum lot coverage for the second residential unit: 30 percent of rear yard
and 30 percent of side yard
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit
(f) Minimum front yard setback for off- street parking: 50 feet
(g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 5 feet
(i) Maximum floor area of second residential unit: 10 percent of total lot area
0) Repealed. (Ord. No. 1354, Sec. II, 11 -4 -08)
(k) Repealed. (Ord. No. 1354, Sec. Il, 11 -4 -08)
(I) The second residential unit shall be consistent with the architectural style,
materials and color of the primary single - family dwelling and shall not detract
from the single- family appearance of the primary single- family dwelling
(m) The second residential unit shall not cause a substantial adverse change, as
defined in California Public Resources Code Section 5020.1, in the significance
of any real property that is listed in the California Register of Historic Places or
the City of Tustin Historical Resources Survey
(n) The second residential unit shall be constructed concurrently with, or
subsequent to, the primary single - family dwelling, which shall be conforming or
brought into conformance with the Tustin City Code
(o) All entrances to the second residential unit shall be to the rear of the primary
single - family dwelling and shall not be visible from the public right -of -way
(p) When the primary single - family dwelling would conform to the development
standards normally applicable to second residential units, and the second
residential unit is built between the primary single - family dwelling and the front
property line, the second residential unit shall be subject to the development
standards normally applicable to the primary single- family dwelling. (Ord. No.
1271, Sec. III, 6 -2 -03)
b
Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the Community Development
Director and/or the Planning Commission, are similar) may be conditionally permitted in the Single
Family Residential District (R -1) subject to the issuance of a Conditional Use Permit. (Ord. No.
1367, Sec. II, 4 -6 -10)
Churches, schools, parks, playgrounds, public utility and public and quasi - public
buildings and uses, crop and tree farming; subject to use permit.
(a) Maximum height: 30 feet
(b) Minimum building site: 20,000 square feet for churches, 5 acres for schools,
public utility and other uses as specified in use permit.
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 25 feet, unless otherwise indicated on Zoning Map
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
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(o) Minimum rear yard setback: 20 feet
/h\ Repealed. (Ord, No. 1354, Sec. U. 11-4-08\
2. Accessory buildings used as guest rooms, providing no cooking facility |s installed or
n`ointained, subject to use permit.
(a) Maximum height: 20 feet
(b) Maximum lot coverage: 30 percent of rear yard
(n) Minimum front yard setback: 50 feet, unless otherwise indicated on Zoning Map
(d) Minimum side yard Satbouh: Corner lot line: 10 feet; Interior lot line: 5feet
(y) Minimum rear yard setback: 5feet
3' Public or private parking lots for automobiles when adjacent to any "C" or "M" District
and when properly landscaped, subject to use permit. (Ond. No. 157. Sec. 4.2;Ord.
9224 - PLANNED DEVELOPMENT DISTRICT (P-D)
Purpose
The P'D. Planned Development District, is hereby authorized to provide for garden
apartment development, regulated so as to cover a minimum of ground area and provide a
maximum of open space. This zone will provide most of the desirable residential characteristics
found in single family residence areas. ((Jnj. No. 175, Sec. M)
b
Conditionally Permitted Uses
The following uses (or any other uses which, inthe 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 ponnitted).
2. Apartment houses.
3. Bungalow courts.
4' Condominiums (as defined in the Civil Cnde\.
5. Community apartment projects (asdefinedinthe Business and Professions Codo).
O' Day care center (subject to Section 9271aa2).
y. Large family day care home (subject tothe provisions set forth i \
u. Managers office - one (1) 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 3 residential character.
0. 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 inthe Business and Professions Code).
(� No, 175, Secs, ��Ord, .No, 330, Sec, 2a; Ord. No, 3� Sec, �Ord, No, 553, Sec. 3; Ord, �790, Sec, 4.
Municode
c
Submittal of Preliminary Drawings
Page 10 of 134
Any application for a use permit in this district shall comply with Section 9291 and be
submitted to the Planning Commission and accompanied by complete preliminary
architectural development plans. These shall show the character, use and zone of
adjoining land, the design and character; landscaping, general size, location and use
of all buildings and structures to be placed on the site, location and dimensions of
streets, parking areas, open areas and other areas.
2. Ingress and egress of fire fighting equipment, fire hydrants and other fire protection
facilities are subject to approval of the Fire Chief. (Ord. No. 175, Sec. 8)
Submittal of Final Development Plans. Detail to be shown:
Every application for a building permit for the development of property in the P -D
District shall be re- submitted for approval to the Planning Commission, and shall be
accompanied by detailed architectural drawings, and plot plans, all to a workable
scale, showing the elevation and location of the proposed buildings; proposed location
and type of landscaping; use and treatment of grounds around such buildings or
structures; off- street parking, physical features such as trees, hydrants, electric and
telephone poles, flood lights, driveways, fences, signs, proposed drainage, sewage
disposal facilities and any other pertinent information considered appropriate by the
applicant or Planning Commission to bring the development within the purpose of this
district.
2. All plans shall show thereon hose cabinets, wet stand pipes with siamese connections
and any other facilities considered to provide adequate fire protection. Said location
and type of such facilities shall be approved by the Fire Chief of the City of Tustin prior
to the approval of the development plans by the Planning Commission as set forth in
this Section.
3. Water drainage and run -off shall, also, be approved by the City Engineer of Tustin,
prior to approval of development plans by the Planning Commission. (Ord. No. 175,
Sec. 8)
e
Development Standards
1 Any development in this District shall be surrounded by a solid redwood or cedar
fence or masonry wall or combination thereof. However, nothing herein shall require
the construction of the aforementioned fence along any property line abutting a street,
alley or at driveway entrances and exits.
2. All required yards shall be landscaped and maintained in accordance with the
approved landscape plan.
3. If any parcel zoned P -D is to be developed in accordance with the provisions set forth
for this District and said parcel abuts a street not improved to City standard, the owner
shall dedicate the necessary street easement to the City and improve said street so
as to be in accordance with the design standards and specifications of The City prior
to the issuance of a utility release by the Building Department.
4• All trash collection and garbage collection areas shall be surrounded on at least three
(3) sides by a five -foot fence or block wall, with adequate access to and from these
areas for trash and garbage collection vehicles.
5. Due to the complexity of Planned Development, it is illogical and impractical to define
herein an exact pattern for the arrangement of group dwellings for a parcel involving
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two C8or more main dwellings; however, itia the intent nf this District to provide o
functional and non-monotonous orientation of buildings with a maximum of open
space around each main building consisting of courts, parkways and patio areas all
oriented so as to provide separation of vehicular traffic from play areas and
naonaationo| areas for children and adults.
O. Repealed. (Ord. No. 1354, Sec. ||. 11-4-08\
/. Repealed. (Ord. No. 1354, Sec. U. 11-4-08}
o' Repealed. ([)rd.No. 1354, Sec. U, 11-4-08)
y. All interior streets and private drives shall beconstructed to the standard set forth by
the City prior to the dedication of any such streets to the City. Streets not so
constructed need not be accepted by the City. (Ord. No. 175, Sec. 8)
Approval of Final Development Plans by Planning Commission
The Planning Commission shall approve or cause to be approved the aforementioned
development plans, as set forth in Paragraph d above, if all provisions for this District are complied
with and the development is within the spirit and intent of this District, as determined by the
Planning Commission. All development shall be in accordance with the approved plans prior to a
utility release by the Building Department. /(}nd. No. 175. Sec. 8\
Q
Specific Standards
Height limit
(a) None, except eo limited herein below.
(b) When a lot in the PU district abuts ad any point along its property lines oria
directly across o street uralley from property zoned F-A, E4 or R-1 (developed
orundeve|oped).no main building shall be erected on said PD lot toa height bJ
exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive,
within one hundred fifty (150) feet of said R^4.E-4orR-1 zoned property,
unless the Planning Agency shall grant a conditional use permit thereof.
M Further, no main building shall be erected 0n said POlot toaheight to exceed
three (3) stories, and/or fifty (50) feet, whichever is more naothoUve, within three
hundred (300) feet ofsaid R-A. E-4 Or R-1 zoned (developed or undeveloped)
property, unless the Planning Agency shall grant a conditional use permit
thereof. (Ord. Nn. 248, See. 4;Ord. No. 882. Sec. 2' 12-21-81)
Side yard
(a) When any interior side property line of kd in the district abuts property in the
R'A. E-4OrR-1 Disthot, each dwelling shall have required side yard along
said property line of not less than fifteen (15) feet with landscaping.
(b) When any interior side property line of a lot in the P-D District abuts property in
the P'[} District or any other District not set forth in Paragraph (8) above, there
shall be a required side yard along that side property line Vf not less than five
/5\ feet regardless of the height of the dwelling on the lot.
(o\ When any interior side property line of a lot in the District abuts a lot or lots
having zone classifications ufR+A, E-4, or R-1 and any other District,
Paragraph (a) above shall apply in the determination of the required side yard
along that entire interior side property line.
(d) On corner lots, the side yard on the street side shall not be less than ten (10)
Mumioode Page l2ofl34
3. Rear yard
ha\ When any lot zoned P-D has a rear property line abutting property in the R-A, E
-4 or R-1 District, each dwelling shall have a required rear yard of not less than
fifteen (15) feet with landscaping.
(b) When any lot zoned P-O has a rear property line abutting o lot in any other
district not set forth in paragraph (o) above, there shall be a required rear yard
of not less than ten /10>feet.
(c) When any lot in the P-D District has a rear property line common to a property
line of lot or lots having zone classification of F<-4, E-4 or R-1 and any other
district, paragraph (a) above shall apply in the determination of the required
rear yard along that entire rear property line. (C)nd. No. 175' Sec. 8)
4. Minimum gross floor area
/a\ The following uaoe shall be subject bD the following nninirnunn square feel, of
gross floor area per unit exclusive Of garages, carports, and uneno|oeed
porches and patios.
Bachelor units: 45O square feet
One bedroom units: 0[0 square feet
Two bedroom units: 800 square feet
(b) Further, for each additional bedroom in excess of two /2\ bedrooms inan
apartment unit, there shall be an additional one hundred (100) square feet of
gross floor area. ([)rd. NO. 175, Sec. 8; Ord. Nu. 790, Sec. 2,2-20-79)
Minimum number of square feet required for each housekeeping unit
There shall be no minimum lot size established inany P-D Planned
However, the minimum number of square feet of land required for each family or
housekeeping unit in a Planned Development shall be as designated by the number
following the symbol "p-[}" on the particular Official Zoning Map. This provision shall
not govern any P-D Planned Development Zone established prior to the adoption of
this Subsection. (Ord. No. 248, Sec. 3)
o. Open space requirement
A minimum of four hundred (400) square feet of open space recreation area shall be
provided per dwelling unit within a nonnnnon designated recreation area. Private
attached ground level patios may be credited toward the open space requirement if
restricted to only permit covers open on three (3) sides. In addition to the recreation
area naquinannenL all structural setback areas, excluding driveways and vvm|kvv8ys
shall ba landscaped. (Drd. No. 175, Sec. 8;Ord. No. 851.Sec. 1.O-1-81;Ord. No.
906, Sec. 1,2-21-84)
7. Repealed. (Ord. No. 573, Sec. 2;Ord. No. SO0, Sec. 2.2-21'84;Ord. No. 1354, Sec.
||.11-4-O8)
8. Subdivision of property development under the district
Upon completion of a property development in the P-D District, no portion of the
property involved in said development shall be severed or sold, unless said severed
parcel and the development thereon complies with all provisions set forth for the P-D
District and is approved by the Director ofCommunity Development prior to such
subdivision. (Ord. No. 175, Sec. 8; (]rd. No. 908, Geo. 3. 2-21-84>
Elam
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a
Permitted Uses and Development Standards
In the Duplex Residential District (R -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. (Ord. No. 1367, Sec. II, 4 -6 -10)
1. All uses conditionally permitted in the R -1 District, subject to a Conditional Use Permit
(Ord. No. 1367, Sec. 11, 4 -6 -10)
(a)
Maximum height: As specified in the R -1 District
(b)
Minimum building site area: As specified in the R -1 District
(c)
Minimum lot width: As specified in the R -1 District
(d)
Minimum lot coverage: As specified in the R -1 District
(e)
Minimum yard setbacks: As specified in the R -1 District
(f)
Minimum lot area per family unit: 3,500 square feet
(9)
Repealed. (Ord. No. 1354, Sec. 11, 11 -4 -08)
(h)
Repealed. (Ord. No. 1240, Sec. 2, 8 -6 -01; Ord. No. 1354, Sec. II, 11 -4 -08)
2• Duplexes
or detached single- family dwellings. (Ord. No. 1271, Sec. V, 6 -2 -03)
(a)
Maximum height: 35 feet
(b)
Minimum building site: 7,200 square feet
(c)
Minimum lot width at property line: 60 feet
(d)
Maximum lot coverage: 50 percent
(e)
Minimum front yard setback: 20 feet
(f)
Minimum side yard setback: Corner lot 10 feet; Interior 5 feet
(g)
Minimum rear yard setback: 10 feet
(h)
Minimum lot area per family unit: 3,500 square feet (Ord. No. 299, Sec. 4)
(i)
Repealed. (Ord. No. 733, Sec. 1; Ord. No. 1354, Sec. 11, 11 -4 -08)
0)
Repealed. (Ord. No. 1240, Sec. 2, 8 -6 -01; Ord. No. 1354, Sec. II, 11 -4 -08)
3• Home
occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
b
Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the Community Development
Director and /or the Planning Commission, are similar) may be conditionally permitted in the Duplex
Residential District (R -2) subject to the issuance of a Conditional Use Permit. (Ord. No. 1367, Sec.
11, 4-6-10)
1. Triplex (single structure) (Ord. No. 1367, Sec. II, 4 -6 -10)
(a) Maximum height: 35 feet
(b) Minimum building site area: 7,200 square feet
(c) Minimum lot width at property line: 60 feet
(d) Maximum lot coverage: 50 percent
(e) Minimum front yard setback: 20 feet
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
(h) Minimum lot area per family unit: 3,500 square feet (Ord. No. 299, Sec. 4)
2.
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Day care center (as defined in the Health and Safety Code\ K}nd. No. 1240, Sec. 2,8
-6-01; Ord. No. 1354, Sec. U. 11-4-08; Ord. No. 1367, Sec. U.4-8-1[U
C
Maximum Height, Exception
Notwithstanding any provision to the contrary contained in this 9225, when a lot in
the R-2 District abuts at any point along its property lines or is directly across a street 0r alley from
property zoned R-A, E-4 or R-1 (developed or undeveloped), no main building aho|| be enaobai on
said R-2 lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever is more
restrictive, within one hundred fifty /150\ feet ofsaid R+4. E-4 or R-1 zoned property, unless the
Planning Agency shall grant a conditional use permit therefor. (CJrd. Nn. 157. Sec. 4.5;Ord. No.
802. See. 2,12-21-81)
9226~MULTIPLE FAMILY RESIDENTIAL DISTRICT(R-3)
o
Permitted Uses and Development Standards
In the Multifamily Residential District (R-3), only the following uses (or uses which, in the
opinion of the Community Development Director and/or the Planning Cunnnniseion, are similar) will
be allowed subject to the development standards of this Chapter. (Ord. No. 1367, Sec. 11, 4-6-10)
1. All uses conditionally permitted in the R-2 District, subject to a Conditional Use Permit
(Ord. NV. 1367, See. U,4'0- UA
(a)
Maximum height: Aa specified in the R-2 District
(b)
Minimum building site area: As specified in the R-2 District
(c)
K4inirnurn lot width at property line: AS specified in the R-2 District
(d)
Maximum lot coverage: Aa specified in the R-2District
(*)
Minimum landscape open space: 35percent
/D
Minimum front yard setback: An specified in the R-2 District
(Q)
K4ininnunn side yard setback: Aaspecified in the R-2 District
(h)
K4ininnurn rear yard setback: AS specified in the F{-2 District
/i\
Minimum lot area per family unit: 1,750 square feet
K� No, 733� Sec 3;[�
No. 906, Sec, 4, 2-21'84: Ord, Na 1240, Sec, 2�6-0t(itd, No, 127tSec, V1, 6-2'03:
Dnt Na 1364, Sec, 8
11-4~0�Chd. No 1387, 8ecfl� 4'0-10
2. Multiple family dwellings, apartment houses
(a)
K8axinnunn height: 35 feet
(b)
K4inirnunn building site area: 7.000 square feet
(c)
Minimum lot width at property line: 70 feet
(d)
Maximum lot coverage: 05percent
(S)
Minimum landscape open space: 35percent
(D
Minimum front yard setback: 15 feet (unless otherwise indicated on zoning
nn3pa}
(Q)
Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5foEt
(h)
Minimum rear yard setback: 10feet
0
Minimum lot area per family unit: 1.750 square feet
y0rd, �733, Sec, 3:
Ord. No, �����1-84,, Ord, No. /��Sec. Z8-6-0�Ord. No, Y�� Sec, fl. 11 -4-08:
On±Nm Y3D�Soc�4��/0>
3.
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Accessory building normally incidental Ln any of the above. This shall not bo
construed aa permitting any commercial use nr occupation other than those
specifically listed.
(o) Maximum height: 2Ofeat
* Home occupations in accordance with this Chapter. ([)rd. No. 33O. Sec. 2a)
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 Cornrnisainn, are minni|oh 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
(o) K8oxinnumn height: 40 feet
(b) Minimum building Site: 7.50O square feet
(d Minimum lot width at property |ine:70feet
(d) Maximum lot coverage: 75percent
(e) Minimum front yard setback: Corner lot line: 10 feet; Interior kd line: 5 feet
Ul K8inirnunn side yard setback: Corner lot line: 10 feet; Interior lot line: 5feet
(9) Minimum rear yard setback: 1Ofeet
2. Condominiums (as defined in the Civil Code). Community Apartment Projects (aa
defined in the Business and Professions Code), and Stock Cooperatives (as defined
in the Business and Professions (|Vd*) when dave|oped, or to be dmve|opod, pursuant
tV the criteria of the Planned Development District.
3. Day care center (subject to Section 9271aa2)
4. Hute|n, motels and boarding houses
(u) K8axinnunn height: 2 stories or35feet
(b) Minimum building site: 7.5O0 square feet
(c) K8ininounl lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(a) Minimum front yard setback: 20 feet
AD Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 haot
(Q) Minimum rear yard setback: 25 feet
(h) Minimum common open space for boarding houses: Three hundred /3OU\
square feet per boarding or rooming house and fifty (50) square feet per
occupant. Common open space shall consist ofunenc(omedorpartially
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: Twenty-five (25) square feet
per occupant. Private open space shall consist ofpartially ano|0med areas met
aside for passive and active recreational uses that are assigned to individual
occupants and/or rooms, such aa private patios orbalconies.
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
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Page )6ofl34
development standards applied to the damaged nr destroyed dwelling units, However,
repair or replacement construction shall comply with all current building and fire code
nsQu|8Dona.
0. Professional office use
(o) Maximum height: 4Ofeet
(b) Minimum building site: 7.000 square feet
() 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)
(D K4inirnunl side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(z) Minimum rear yard setback: 10 feet
7. Swim schools
�� No, 553, Sec, Z: Ord, No. 7� See. 22-20- 79: Ord, �906, Sec. 6, 2-21-84: Ord, No,f240_3ec, 2, 8-6-0Y:
Ord, No, 1354, Sec, fl, Y14�Ord, No. 805. Sec. t7 2-7fJk Ord, �1367. Sec, fl, 4-6-/0
c
Maximum Height, Exception
Notwithstanding any provision to the contrary contained in this 9226, when a lot in
the R-3 District abuts at any point along its property lines oris directly across o street o, alley from
property zoned F(-4. E-4 or R-1 (developed or undeveloped), no main building shall be erected on
said R-3 lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever is more
restrictive, within one hundred fifty (150) feet of said R-A, E-4 and R-1 zoned property, unless the
Planning Agency shall grant a conditional use permit thereof. ([)rd. No. 802. Sec. 3.12-21-81)
9227 - MOBILE HOME PARK DISTRICT (MHP)
a
Conditionally Permitted Uses
In the Mobile Home Park District (MHP), only the following uses (or uses which inthe opinion
of the Community Development Director and/or the Planning Commission are similar) may be
permitted subject to the issuance of a Conditional Use Permit and the development standards of
this Chapter. (Ord. N0. 1307, Sen. ||,4-O-10)
1. Accessory buildings and service structures (permononh
2. Mobile home pork
3. Travel trailer parks
(Ord, No �367, Sec. 11. 4-6-10
b
Development Standards
Development standards shall be the following:
1 Minimum building site
(a) Mobile home park or travel trailer park: five (5) acres.
(b) Individual lot: The total area of all trailer and/or mobile home spaces shall be
equal toor greater than the product of the total number of spaces multiplied by
two thousand eight hundred /2.8OU\ square feet.
Muniunde Page l7ofl34
Travel trailer spaces, with a minimum lot size of one thousand five hundred
(1,500) square feet, shall not exceed ten (10) percent of the total spaces in a
mobile home park.
2. Maximum density
(a) Mobile home park: Ten (10) dwelling units per net acre (public streets
excluded).
(b) Travel trailer park: Fifteen (15) dwelling units per net acre.
(«) Any lawfully established and developed parcel which is legal and conforming or
legally nonconforming as of the date of the adoption of this subsection, and
with the acquisitions ofpublic rights-of-way by public agency would result in
densities exceeding the density permitted bythe Zoning Code 0r would result
in an increased nonconformity with regard to density shall not be considered
legal nonconforming pursuant t 9227b2 and of the
Zoning Code with nagenj to density only, provided that all other provisions of
the Zoning Code are satisfied. ([)rd.No. 1O75. Sec. 2. 8-19-91; Ord. No. 1307,
See. 5, 11-15-11)
3' Maximum height: Thirty (3U)feet.
4. Minimum yards and setbacks
(a) Front yard:
Trailer park—None
Individual lot—Five /5\ feet (measured from curb toactual otnuotun*, hitch
excluded)
(b) Side yard:
Trailer park—None
Individual lot—Three (3) feet
». Maximum lot oova percent
O' Repealed. (Ord. No. 1354, Sec. U. 11-4-88\
7. Recreation area required
A minimum of one hundred (100) square feet of recreational space shall be provided
for each trailer nr mobile home lot inthe park. /f more than twenty-five (2B percent of
the spaces in the park are occupied by persons having one (1) or more children under
the age of fifteen (15), an additional fifty (50) square feet of recreational space shall
be provided for each trailer or mobile home lot sooccupied.
8. Fences and walls
Any mobile home or travel trailer park shall be surrounded by a six-foot, sight-
obscuring fence or wall, of uniform treatment, except within twenty-five (25) feet of an
entrance to, or exit from, a public street where such fence or wall shall have a
maximum height of three (3) feet unless greater height is specifically approved in the
conditional use permit.
0. Clothes drying
An enclosed area screened from view shall be provided for the outdoor drying of
clothes. No clothes drying shall be permitted on the individual lot unless done within
on enclosed structure.
10' Irrigation of landscaped areas
All landscaped areas, other than On individual spaces, shall be provided with an
irrigation system.
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11. Architectural approval
All recreational and service structures, landscaping and the exterior fence constructed
in a mobile home or travel trailer park shall be approved by the Architectural
Committee. ((]nd. No. 329.Sec. 2)
9228~SUBURBAN RESMENTIAL DISTRICT (R-4)
o
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 Cnnnnniauinn, are sirni|8h will
be allowed, subject to the development standards of this Chapter.
1. Accessory buildings oruses
2' Farming (general) of agricultural crops on the land and grazing, but not including any
poultry or animal raising enterprise conducted on a ournnnorci3| 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)
(e) Single-family dwellings
(b) Two (2) or more detached one-family dwellings
(c) Two-family dwellings
(d) Multiple-family dwellings and apartment houses
0. Large family day care home (subject hothe provisions set forth in )
(Ord. No. 911, Sec. 5.5-21-84;Ord. Nn. 1225. Sec. 2, 1'17-00; Ord. Nn. 1367, Sec.
U,4-8-1CA
b
Conditionally Permitted Uses
The following uses (or any other uses which, inthe opinion of the Community Development
Director and/or the Planning Connrnioeion, are ainni|@h may be conditionally permitted in the
Suburban Residential District (R-4) subject to the issuance of a Conditional Use Permit.
1. Boarding houses
2. Churches and other religious assembly, museums, libraries, public schools and
colleges, private schools and colleges
u. 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
Utility structures - Electric distribution substations, gas metering and regulating
stations and other similar public utility structures and uses rendering direct services to
the public ina local area (Ond. 0o. 372, Secs. 3 and 4; Ord. No. 1240, Sec. 2. 8-8-01;
o
Development Standards
1 . Maximum height: 2 stories of 35 feet
SECTION 9230
COMMERCIAL SITE DEVELOPMENT STANDARDS
Mkulcodo Page i4ofl34
2. Minimum building site: 7.20O square feet
3. Minimum front yard setback: 20 feet
4. Minimum side yard aoUheck: Corner lot line: 10 feet; Interior lot line: 5feet
o. K8inirnurn rear yard setback: 25 feet
o. Minimum lot area per family unit: 3,000 square feet. (Ord. Nn. 202)
/. Repealed. (Ord. No. 733, Sec. 0;Ord. No. 8U0.Sec. 7.2-21-84;Ord. N0. 1354, Sec.
U.11-4-U8)
8. Repealed. (Ord. Nn. 1240, Sec. 2.8-0-01; Ord. No. 1354, Sec. U. 11-4-08)
d
Maximum Height, Exception
Notwithstanding any provision to the contrary contained in this . when a kd in
the R-4 District abuts at any point along its property lines oriS directly across e street nr alley from
property zoned R-A. E-4orR-1 (developed or undeveloped), no main building mho|| be erected on
said R-4 lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever is more
restrictive, within One hundred fifty (15O) feet ofsaid R-A. E-4nrR-1 zoned property, unless the
Planning Agency shall grant a conditional use permit thereof. ({)nd. No. 882. Sec. 4,12-21-R1)
Tustin, California, Code of Ordinances >> >> >> PART
~COMNNERCIAL DISTRICTS >>
PART 3~COMMERCIAL DISTRICTS
9231 - PROFESSIONAL DISTRI!:!I�Pr'
19233 - CENTRAL COMMERCIAL DISTRICT_n-_2�
9234 - HEAVY COMMERCIAL DISTRICT
9231 - PROFESSIONAL DISTRICT (Pr)
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 that n0 building site may beused
simultaneously for residential and professional purposes)
2. Advertising agencies
3. Automobile broker /offio8-ueeonly)
*. Banks, financial institutions, and savings and loans (no dhve-Uhnm\
o Collection agencies
S. Home occupations in accordance with this Chapter
/. Insurance agencies
8' Interior decorator orartist studios
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9. Land and property management
10' Management, technical or professional consultants
11. Office uses - including professional and general (as defined i
12. Personnel agencies
13. Pharmacies - dispensing and selling only drugs, medicines and health
14. Photographers
15' Single-family dwellings and those accessory structures, buildings and uses normally
incidental to the uses of a building or premises for single-family occupancy subject to
the requirements of the R-1 District
10. Social work
17. Stock brokers
18. Title insurance companies
19. Travel agencies
(Qo� No. 324: Ord, 80. 1367� Sec, /1. 4-60
Development Standards
1. Maximum height: Two stories nr35feet
2' K4inirnunn building site: 7.20O square feet
3. Minimum front yard setback: 20 feet
4. Minimum side yard setback: 5feet
5' Minimum year yard setback: 1 story building, 5feet; 2 story building, 10 feet
o. K8ininounn lot area per family unit 7.200 square feet
/. Repealed. (Ord. No. SO8, Sec. 2A. 1-20-86; Ord. No. 1354, Sec. ||. 11-4'08)
u. Repealed. (Ord. No. 1206, Sec. 2,S-21-98;Ord. No. 1354, Sec. U. 11-4-08)
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 R'1District:
(a) Except for parking areas, which may [be] unann/Ueed. all uses shall ba
conducted wholly within an enclosed building.
/b> All storage shall be within an enclosed building, and shall be limited hothe
accessory storage of supplies utilized in the business conducted upon the
pnynnioee.
(«) Repealed. ((]nd. No. 1354, Sec. U.11-4-08)
(d) All portions of the building site, exclusive of structures, parking oromS.
driveways and walkways, shall b8 landscaped and maintained,
(e) Repealed. (Ord. N0. 1354, Sec. )|' 11-4-08)
(f) No certificate of use and occupancy shall be granted until these requirements
are met.
2. General conditions and regulations for the establishment, operation and maintenance
nf all permitted uses are aafollows:
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Prior to the issuance ofobuilding permit by the Department of Building and
Safety, the following shall bo submitted tn and approved bv the Planning
A plot plan drawn tnscale, showing dimensions and locations of all existing
and any proposed buildings, signs, driveways, off-atreetparkingereaaand
abutting streets urhighways.
Architectural plans and specifications for any proposed building or alterations to
existing buildings.
Provisions for landscaping Vf the property, including, but not limited to,
provisions for screen planting, lawn areas, trees, shrubs, irrigation, driveways
and walkways. /{]rd. No. 2O0\
d
Conditionally Permitted Uses
The following uses (or any other uses which, inthe opinion of1he 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 i and subject tnthe
provisions set forth in Chapter 9)
2. Banks, financial institutions, and savings and loans
3. Drive-thrufooi|itieo
4' Professional, instructional, motivational and/or seminar schools (Ord. No. 957, Sec. 2,
1-0-80; Ord. Nu. 11[70. Sec. 2, 8-3-98; Ord. No. 1354, Sec. U, 11-4-08; {]nj. No. 1387,
9232 - RETAIL COMMERCIAL DISTRICT (C-1)
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.
General retail businesses, exemplified by the following list, when conducted within a
building:
(a) Alcoholic beverage sales (off-eite) located within a building and permitted
business with at least 15.00O square feet nf gross floor area and where the
alcoholic beverage sales area within the building occupies no more than 10
percent of the gross floor area
Ub\ Antiques and curios
(d Appliance stores
(d) Art galleries
(e) Bakeries
80 Bicycle sales (including repairs)
(9) Books and atationerie
(h) Ceramics (not including molding, casting or manufacturing by any process)
0) Clothing
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0) Confectioneries
(@ Department stores
(1) Drug stores (including sundries and notions)
(»«) Dry goods
(n) Florist shops
kd Food markets
(P) Furniture sales (new urused/consignment)
(q) Hardware stores
(h Household goods and furnishings
(a) Jewelry stores (including repair and watch making)
(U Leather goods
(u) Musical supplies and instruments
(») News stands
(«v) Office supplies and equipment
(x) Paint and wallpaper supplies
(Y) Religious supplies
W Shoe stones
k*a\ Sporting goods (not including boat and motor sales)
(bb) Variety stores
2' Service businessea, 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-thrueorvioe)
(b) Barber shops
(«) Beauty parlors
(d) Body art facilities (as defined i Section , and subject to the requirements
of Part 4of Chapter 10
(e) Dance studios
Ul Dry-cleaning nrlaundry agencies /Dick-up and delivery Onk4
(z) Equipment rental business conducted within o building (light materials, i.e.
party supplies, household appliances, small household tools, medical
equipment, etc.)
(h) Laundromats or other self-service laundering facilities
/i) Locksmiths
U) Martial Arts studios
(k) Massage establishments
/|\ Recycling facilities or reverse vending machines (as defined in-Section
and subject to the provisions set forth in-Section bb)
/nn\ Reprographics
(n) Restaurants (not including dhva'ine/dhve-thru, take-out or walk-up)
(o) Seamstress nr millinery shops
(P) Shoe or luggage repair shops
(q) Smog check stations with service bays in conjunction with approved service
station
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(r)
Tailor shops
(s)
Travel agencies
M
Tutoring facilities
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3. Officeunea - imcluding professional and general (as defined i and
subject ho the provisions set forth i )
pal ��157, Sec. 4,7�0a� No, 2� Sec. 1:0rd. No, 2� Sec. /; Ord, No. 896 ' Sec, 2, 11-21-83: Ord No. 993,
Sec, 2, 0-8'87�, Ord No, Y3Y7 Sec, 8 Q-y8�6.- Om. Nu 1101' Sec IA' //'/6-0��Dnt Nu /�O7, Sec. fl, 4-6-1 (�
Ord, No, 1382 Sec, K 6-15-10; Ord Na 1407. B*o� K /1-15'11)
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community Development
Director and/or the Planning Cornrnission, are similar) may be conditionally permitted in the F7ebei|
Commercial District (C-1) subject to the issuance of a Conditional Use Permit.
1. Adult bookstores (subject ho the provisions set forth in Chapter 9)
2' Adult entertainment booking agencies (as defined i and subject huthe
provisions set forth in Chapter 9)
3' Alcoholic beverage sales establishments subject to the provisions set forth in
9&271dd and the Planning Commission's Guidelines for Alcoholic Beverage So|aa
Establishments
4. Animal hospitals Vr clinics (small animals)
o' Automotive supplies (installation of minor replacement parts and accessories within
en enclosed building)
o' Bakeries (wholesale)
/. Bowling alleys
8. Churches and other religious asSen)Niyo
V. 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 tnthe provisions set forth in oo
12' Day care centers (subject to. Section 9271 aa2)
13. Food establishments with drive-inm/drive-thru, take-out orwalk-up
14. Fortune-telling businesses (as defined i
15. Fraternal organizations and lodges
10. Gymnasiums and health clubs
17' Hotels and motels
18. Deleted (Ord. NV. 138O. Sec. V.0-15-1O)
18. Mortuaries
20. Office uses (new) - Development 0r construction of new building structures where
more than fifty (50) percent of the total floor area or any portion of the ground floor
area is designated for occupancy by professional or general offices (as defined in
Section L9297} subject to office use criteria ao set forth i e
21' Parking lots (commercial)
22. Pharmacies with dhve-hru
23' Recycling facilities or reverse vending machines /bu|k\aS defined i and
subject bDthe provisions of
24' Rest homes, extended care facilities, convalescent hospitals, and sanitariums
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25 Service stations
(a) Maximum height: 35feet
(b) K4inhnurn building site: 1[i0OO square feet
(c) Minimum lot width sd property line: 10Ofeet
(d) K8ax/nnuno |0t coverage by building or structures: 50 percent
(a) Minimum front yard setback: 15 feet unless otherwise indicated on Zoning Map
(D Minimum side yard setback: 8feot
28. Specialty stores
27. Theaters
(� No, �� Sec, 2,8��Oai No, 407: Ord No� 69R, Sec, 1, Ord, ��� Sec. 3,//�1-83; Ord, No, 920,
Sec, �/Y-/9-84; Ord, No, �� Sec, 7, 1-20-86; Ord, No, 98t Sec, t��ard, No, 993, Sec, A.
No 1101. Sec YE, Y1-"6-92 Ord� Na 1161. Sec IA 1�-96'; Om( Nu 1230, Sec 2. 6-10'00 UuiNo Y237 Sec
2,0-4-0Y:Q�Nio,/�� Sec, 2.8�1: Ord', No, 13�5,4, Sec. /1, 1Y-4-08; Ord, No, Y�� Sec, �4-6-/0
C
Development Standards
(1)
None of the above listed uses or any other use determined to be permitted shall
maintain any outside storage 0r work areas. ((]rd. No. 1354, Sec. ||' 11-4-08)
(2) Development criteria
(a) Maximum height: 35feet
(b) K4ininnurn building site area: 5.000 square feet
(n) Minimum lot width at property line: 50 feet
(d) Minimum side yard setback: None, 10 feet when property abuts on lot in "R"
District
/e> Minimum rear yard setback: None, 5 feet when property abuts on lot in "R"
District
(D Repealed. (Ord. No. 405. Sec. 2;Ord. No. Q63.Sec. 213, 1-20-80; Ord. No.
1206, Sec. 2.9-21-98; Ord. No. 1354, Sec. U. 11'4-08)
(9) Repealed. (Ord. Nn. 124O, Sec. 2.8-8-U1;Ord. No. 1354, Sec. U. 11-4-08)
Use CDevelopment
(1) Office developments within the Retail Commercial District (C-1) shall be constructed
to conform with the parking standards for retail commercial uses on the first floor area
of the building unless otherwise specifically exempted pursuant to the approved
conditional use permit.
/2\ Findings, including, but not limited to. the following, shall be made by the Planning
Commission prior to approving a conditional use permit for construction of a building
where greater than fifty (50) percent of the total floor area, or any portion of the
ground floor area is designated for occupancy by professional or general offices:
(a) Development or construction of professional or general office buildings would
be more compatible with surrounding uses in the area than permitted retail
commercial uses on the subject property.
/3\ Development or construction of buildings restricted to o mixture of uses in which the
retail commercial floor area exceeds fifty (50) percent of the total floor area is exempt
from office development use criteria. (Ord. No. 157, Sao. 4.7; Ord. No. 890. Geo. 4. 11
-21-83)
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9233 - CENTRAL COMMERCIAL DISTRICT (C-2)
o
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 es permitted in the C-1 District, subject ho the use and development
criteria specified in (except uses listed ea permitted below)
2' Office uses - including professional and general not fronting onto Main Street or E|
Camino Real or located outside the Old Town Commercial General Plan land use
designation (subject ho the provisions set forth i e)
3' Retail uses exemplified by the following:
(a) Clothing apparel receiving and distributing
(b) Electronics stores
(c) Furniture consignment sales
(d) Nurseries
4' Service uses, exemplified by the following list, including any retail sales incidental
thereto:
(a) Bowling alleys
/b\ Con operated mmnhinery- repoinS, sales and services
k1 Electronics research laboratories and prototype assembly
(d) Mortuaries
(Ord� Nu /75, Sec. 5; Ord Nu 888, Secs ��), 5, 6, 8-1-83; Ord. 0u Y241, Sec, t 7-2-01: Oro, No- 1242 Sec. 2,
@-/3f7Y; Ord, Ala /25Y. Soo � 5-2O-02: Ord, No 1317 Sec. /1, 0'Y8-08 Ord, No Y307, 8mu fl, 4-6-/8)
b
Development Standards
U\ W1mxirnunn height: 50 feet
(2) Minimum building site: 200 [square feet]
/3\ Maximum lot coverage: 100 percent, less parking and landscaping requirements,
subject to General Provisions.
(4) Minimum front yard setback: None, 10 feet when frontage abuts a lot inon"R"District,
unless otherwise shown on Zoning Map.
(5) Minimum side yard setback: None, 10 feet when side abuts on o lot in an "R" District.
(0) Repealed. (Ord. No. 157. Sec. 4.8;Ord. No. 293, Sec. 2(b) and 3;Ord. Nn. 1354,
5ao. U. 11-4-08)
(7) Repealed. (Ord. No. 1240, Sec. 2.M-O'01;Ord. Nn. 1354, Sec. U, 11-4-08)((]nd. No.
1240, Sec. 2.R-8-01)
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 Conditional Use Permit.
1 All conditionally permitted uses in the C-1District, subject to the development and use
criteria specified thereto (uses listed in Section 9233a are permitted).
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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 (ueod/pre-owned)
5' Billiard parlors and pool halls
8' Cleaning and dyeing establishments
/' Equipment rentals of heavy machinery (trailers, tractors, skip loaders)
8. Garages (public)
9. Laundromat
10. Office uses - Professional and general offices (as defined i fronting
onto Main Street orB Camino Real or located within the Old Town Cornnnanja|
General Plan land use designation (subject to the provisions set forth i
925,1 ee\
11' Outdoor markets and outdoor sales establishments
12' Party facilities including birthday party businesses
13. Petahopa
14. Secondhand sales
/Orof. No, /� Sec. 5� O���������J�t���3�������0�������0�
Ala 3� Sees. 3 and ������ Sec. Z Ord. Na 888, Sec, 1, 8-1�Oro� Na 920, Sec. 2, 11-19-84: Ord.
No, ��Sec. 2�/�-86�'Ord, IVa 981, ��4, 5-4-8T Ord, No, ��Sees, 6, 7, 9-8-87: Ord� No, 110-1' Sec, 17F,YI
'?O-Q2:On1 Nu 11161, Sec 1I 1-2'-96; Ord, No, Y178 Sec, 2� O-3-96;D/d, No 1330 Sec 2, 8-19-00 Ord. No
1237. Sec, 2, 6-4-01:OrcL Na 1242, Sec 3- 8-13-011: Ord No, 1251' Sec. 2, 5-20-02 O/d Nn 13 IT Sec. & 9-18'
06,- Ord, No, 1354. Sec, � 1/-4-08 Ord, No, 1307, Sec, 8 4-0-10V
(Ord, Nu, 15 -/�, Sou 4,G:Ord, Nn, RQO, Sec, 8, 111'21-83,, Ord, 0o, 124t Sec 2� 7-2'D/;Ord, No, 1242, Sec, 4, 8-/J-
0Y: Ord No, 1251' Sec, 2. 8-28-02; Ord. No. 1317� Sec /�, A-Yf-BO)
9234~HEAVY COMMERCIAL DISTRICT (C-3)
a
Permitted Uses
In the Heavy Commercial District (C-3) District, only the following uses (or uses which, in the
opinion of the Connnnunhv Development Director and/or the Planning COrnrnismiDn. are :irni|ed 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 aopermitted below)
2. Electronic plants
3' Research plants
*' Secondhand sales
5. Wholesale stores and storage
(Ord, No. 1101, Sec IfI YY-16-92�Ord. No, 1267. Sec. fl, 4+6-10
Development Standards for Permitted Uses
(e} K8exirnumn height: 50 feet
(b) Minimum building site: 2.000 square feet
/«\ Maximum lot coverage: 100 percent, less parking and landscaping requirements but
subject to General Provisions of this Chapter
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(1) Minimum front yard setback: None, 10 feet when frontage abuts lot in "R" District,
unless otherwise shown on Zoning Map
(e) K4inirnurn side yard setback: None, 10 feet when side abuts on a lot in an "R" Diatho1.
unless otherwise shown un Zoning Map
(f) Minimum rear yard setback: None, 5 feet when abutting onanalley
(Q) Repealed. ((]nd.No. 1354, Sec. ||. 11-4-08)
(h) Repealed. (Ond.No. 1240. Sec. 2.8-O-01;Ord. No. 1354, Sec. U, 11-4-08)
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 ofe Conditional Use Permit.
1. All uses listed as conditionally permitted in the C-1 and [-2 Districts subject to the use
and development criteria specified thereto schools, churches, and outdoor
sales establishments). Uses listed in are permitted.
z' Light manufacturing of clothing, novelties, and toys
(Om( No, 352' Sou 5): Ord, No 899, Sec, 3,-{rd *o 920 Sec. 3, //-/9-84:Ord, No. 08Y, Sec- 6, Ord, No /YOt
Ser. /G. 11-16-92: Ord. No, 1101' Sac, IC� /-2-QfiOrd No. 1Y70, Sec, 2, 6-3-90: Ord No, 1230, Sec 2, 6-19-00,;
Ord, No, Y237. Sac 2.6-4-011: Ord. NV, 1240, Sec, 2. 8-0-01$' Ord, No, 1354. 8ou /\ 11'4-080n(L No, 1367, Sec. /i
4-8-1C)
d
Development Standards for Conditionally Permitted Uses
/a> Maximum height: 50feet
(b) Minimum building site: 2,O00 square feet
(c) Maximum lot coverage: 10Opercent
(j) Minimum front yard setback: None, 10 feet when frontage abuts o lot in "R" District,
unless otherwise shown nn Zoning Map
/e\ K8ininnunn side yard setback: None, 10 feet when side abuts a lot in an "R" District,
unless otherwise shown on Zoning Map
M Minimum rear yard setback: AS specified in use permit
(Q) Repealed. ([)nd. No. 1354. Sec. |},11-4-09)
(h) Repealed. (Ord. No. 1240. Sec. 2.8-O-01;Ord. N0. 1354, Sec. U. 11-4-08)
9235 - COMMERCIAL GENERAL DISTRICT (CG)
a
Purpose
To provide for and encourage the orderly development of commercial areas throughout the
City in accordance with the Land Use Element of the General Plan, which will serve the demand for
a wide variety of goods and services.
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.
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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 oe permitted below)
Service uses exemplified by the following list:
(a) Electronics service
(b) Interior decorator
pV Job printing and document reproduction
(d) Stud ios/galleries
(Ord No, 890 Soom 9—'11' 11-21-831 Dnd No 11101, Sec. /Q 11-10-92 pal Na 1307, 3eu 84'G-Y0
Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development Director
and/or the Planning Connmnimoion, are similar) may be permitted in the Connnnennia| General (CG)
District subject to the issuance 0fa 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 i 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 ofoperations
(Ord. No 899 Sec. 4; Ord, No, 888, Sec. 2, 8-/-83; Ord, No, 896 Sec. 12, /Y-2/-83:Ord "Jo, 820, Sac 4, Y1'/9—
841, Ord. No 981, Sao 8, 5-4-87:Ond. Nu 1181, Smo A, 1!-16-92: Ord, No 1181. Sec Y[\ 1-2-86 Un± No 1170, §
d
Restricted Uses
(1) No warehousing or storage other than accessory storage of commodities sold at retail
on the premises shall be permitted except as otherwise provided by this Section.
(2) No manufacturing, processing or treatment of products other than that which is clearly
indicated to the retail business conducted on the premises shall be permitted.
(3) Not more than five (5) persons shall be engaged on the premises in the incidental
manufacturing, processing or treatment of products as permitted herein.
(4) None of the above listed uses or any other use determined to be permitted shall
maintain any outside storage or work areas. (Ord. No. 1354. Sec. ||, 11-4-08\
(5) No residential use shall be permitted in any structure used for commercial purposes,
except for caretaker facilities incidental tn the permitted use.
e
Limitations and Exceptions
(1) Use of properties zoned other than "CG." for general commercial purposes
Where property classified for "CG" uses has a depth of two hundred (200) feet or less,
as measured at right angles from the street frontage indicated as business frontage,
additional adjoining property may be used for commercial purposes when such
adjoining property fronts upon the side street, and the side of such adjoining property
abuts upon the property classified for "CG" purposes. The additional property so used
shall be a part of and an extension of the particular use occupying the corner property.
The use of subject property shall require approval of a conditional use permit.
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(2) Exception to height limitations
Height limitations of this Section may be exceeded for those structures removed more
than two hundred (200) feet from any single-family residential zone, subject to
approval ofa conditional use permit.
(3) Exception to setback requirements
Exceptions to the general setback requirements of this section shall be made only in
conformance with the development criteria of specific plans as approved by the city
Development Standards
(1) Maximum structural height
The maximum height ofanybui|dingoretruutureahaUnotexceedthreeetoheennr
thirty-five (35) feet; provided, however, that penthouse or roof structures for the
housing of elevators, stairways, tanks, ventilating fans or similar equipment required
to operate and maintain the bui|dinga, and fire or parapet walls, mkv|ighba, buvvona, roof
signs, flagpoles, chimneys, smokestacks, wireless nnoeto nr similar structures may
exceed such height limit; provided no space above such height limit shall be allowed
for the purpose nf providing additional floor space.
(2) Structural setbacks
(a) Front yard
A minimum often (1C) feet front structural setback shall b8 required from the
ultimate street hg line.
(b) Side yard
A minimum of ten (10) feet side yard structural setback shall be required from
the uNUrnato street hg line or adjoining residential lot Otherwise, no
side yard setback shall be required.
(«) Rear yard
Where any commercially zoned property rears upon the rear or side yard uf
property classified for single-family residential purposes, there shall be a rear
yard of not less than fifteen (15) feet. Where the commercial property rears
upon an alley or private drive easement, there shall be a rear yard setback of
not less than five (5) feet. Otherwise, no rear yard need baprovided.
(3) Repealed. (Ord. No. 905, Sec. 2C, 1-20-86; Ord. Nn. 1206, Sec. 2,8-21-88;Ord. No.
1354, Sec. U, 11-4-08\
(4) Lot coverage
Commercial sites may have 100 percent lot coverage less that required for
landscaping and parking requirements.
(5) Lot size (building site)
A building site shall occupy not less than e3,O0O square foot parcel.
(0) Refuse storage requirements
Refuse storage areas shall conform to the standards and criteria contained in the
Guidelines for Planning, Zoning and Development, as adopted by the City Council.
(7) Street dedication
Highway dedication and improvements shall be as required by_5ection 9271x.
(8) Suffix (supplemental provisions)
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Properties designated "CG-PUO"un the Zoning Map shall require the submission and
approval of design p|mnafurouoePennitpursuanttothoraquinan7entaforP|anned
Unit Developments.
(9) Repealed. (Ord. No. 1240. Sec. 2.8-6-Q1;Ord. No. 1354, Sec. ||. 11~4-08)
g
Use Criteria—Office Development
(1) Office developments within the Commercial General District (CG) shall conform to
retail commercial use parking standards for the first floor area unless otherwise
specifically exempted pursuant h} the approved conditional use permit.
(2) Findings, including but not limited to the following, shall bemade by the Planning
Commission prior to approving a conditional use permit for construction of a building
where greater than fifty (50) percent of the total floor area, or any portion of the
ground floor area ia designated for occupancy bv office uses.
(a) Development or construction of professional or general office buildings would
be more compatible with the surrounding uses in the area than permitted retail
commercial uses on the subject property.
(3) Development or construction of buildings restricted to a mixture of uses in which the
retail commercial floor area exceeds fifty (50) percent of the total building floor area
are exempt from office development use criteria. ((]rd. No. 054; Ord. No. 890.Sec.
13. 11-21-83)
Tustin, California, Code of Ordinances >> ARTICLE 9 - LAND USE >> CHAPTER 2 - ZONING >> PART
- INDUSTRIAL AND OTHER DISTRICTS >> I
PART 4~INDUSTRIAL AND OTHER DISTRICTS
9241 - PLANNED INDUSTRIAL DISTRICT Pryl)
9242 - INDUSTRIAL DISTPL�ILI�W
9243 - UNCLASSIFIED DISTRICTLU-)
9245 - PUBLIC AND INSTITUTIONAL DISTRICT tP A
9246 - MCAS TUSTIN SPECIFIC PLAN PLSTRIGT_1SP-1 SPECIEIQ PLAN
9241~PLANNED INDUSTRIAL DISTRICT (PIVI)
a
Permitted Uses
The following uses (or uses which, inthe opinion of the Community Development Director
and/or the Planning Commission are S/rnihah will be a|k/wxad in the Planned Industrial District (PM)
subject to the development standards of this Chapter:
1 Any use permitted in the Industrial District (M) which may not be objectionable bv
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.
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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 of the gross floor
area
u. Bookbinding
4' Ceramic and plastic fabrication
5. Chemical laboratories
0. Design and development
7. Distributors ofelectronic, e|aotrino|, and electromechanical products
8. Finished paper products
9' Food (and kindred products) manufacturing orstorage
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 (50) percent of their gross floor area for office purposes
13' Office uses - including administrative and professional offices (as defined in
9297) that are accessory to permitted uses (subject to the provisions set forth in
Section 925=[e8\
14. Outside storage (in conjunction with permitted use) enclosed in minimum of six-foot
high solid fence
15. Parking lots
10' Pharmaceutical products
17. Photography and printing plants
18. Precision machine shop
19. Prototype weapons and fabrication ofcomponents
20. Public utility uses (except the storage of flammable fuel products)
21' Scientific instrument manufacturing
22. Textile and furniture manufacturing
p/dWo 13G7, Sec, 84-0Y0
Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development Director
and/or the Planning Cornrnisaiun, are einni|ed may be permitted in the Planned Industrial District
(PK4) subject to the issuance ofa Conditional Use Permit.
1 Alcoholic beverage sales establishments subject to the provisions set forth in
9271 dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales
Establishments
(Ord. &h, 590: Ord, No, 1001 Sac, Y. 3'21-08�,, Ord, No. 123Q § 2, 6-19'00; Crn', No. y367 Sec fl, 4'8-i0)
n
Development Standards
/a\ Maximum height: 5Ofeet
(b) K8inirnurn building a/ha: 20.000 square feet
(o) Minimum lot width a1 property line: 100 feet
�
(d) , Maximum lot coverage: 100 percent less required parking and landscaping
(e) Minimum front yard setback: 25 feet unless otherwise indicated on Zoning Map
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0l Minimum side yard setback: 3 feet unless otherwise indicated on Zoning Map (Ord.
No. 3O7. Sec. 2>
(m) Minimum rear yard setback: 1O feet unless otherwise indicated on Zoning Map
(h) Repealed. (Ord. Nn. 963, Sec. 2D, 1-20-86; Ord. No. 1354, Sec. U. 11-4-08)
U) Repealed. (Ord. No. 157, Sec. 4.11; Ord. No. 1354, Sec. U. 11 -4-08)
0\ Repealed. (Ord. No. 1240. Sec. 2,8-O-01; [}nj. Nu. 1354, Sec. U, 11-4-88)
9242~INDUSTRIAL DISTRICT (M)
m
Permitted Uses
In the Industrial District (M), the following uses (or uses which, in the opinion of the
Connnnunhv 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 PK4 District (Ord. N0. 1101, See. 1O. 11-12-92; (]rd. N0.
1367, Sec. 11, 4-6-10)
b
Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development Director
and/or the Planning Comnnniaaion, are ei/ni|ah may be permitted in the Industrial [}iathCt /M\ subject
ho the issuance ofa Conditional Use Permit.
1 All permitted uses that utilize greater than fifty (50) percent of their gross floor area for
office use (including administrative and professional offices am defined i
and subject tO the provisions set forth in, \
2. Alcoholic beverage sales establishments subject to the provisions set forth in
9271 dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales
Establishments
3. Building material yards
4. Caretaker's residential unit when in conjunction vvithponnUtedume
o' Convenience stores
n. Hazardous waste facilities (subject to all standards and criteria contained in the Tustin
City Code)
/' Manufacturing uses (subject to compliance with performance standards of the Air
Pollution Control Boonj>
8' Restaurants
w. Retail commercial uses
10. Schools for professional, instructional, motivational, vocational and/or seminar uses
11. Specialty otonen
12. Wireless facilities (subject to Section 9276
(Ord No 157, Sao 4��Ord, No 599: Ord, No 896, Sec. 14, 111-2,1-83: Ord, No 003 Sec 2D' -20-86: Ord, No
981' Sec. 9, 5-4-87: Ord, ho- 1003 Sec, t 3-21-��Ord, No 1007. Sec, Y. 3-15'93:On± Na 1101 Sec, t 11-2-
92: Ord. No, 123 11. Sec, 2 6-4-01: Ord, No, 1248 Sec, 2. 2-0-01 ,Dnd, No. 1313, Sec. X. 7-3-06;Ord, No, 1354'
Sec, 8 11-4-08; Ord, Nu, 1307, Sec. fl, 4-0-10)
o
Development Standards
(a) Maximum height: 50 feet
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(b) Maximum lot coverage: 100 percent less required parking and landscaping
9243~UNCLASSIFIED DISTRICT (U)
|n the Unclassified District (U) all uses are permitted unless otherwise prohibited ' �law,
provided that a use permit shall first be secured for any use to be established in any "U"
with development criteria as specified in the use permit.
9244 - PLANNED COMMUNITY DISTRICT (P-C)
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 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. (Ord. No. 1307. Sec. //. 4-6-10\
b
General Requirements
The following provisions shall apply in the P-C District and aubiootho the other provisions of
this ChaptacExcept that vvhenaoon�iutinreOu|ohonS000u� the regulations specified in this Section
or in the Development Plan or plans approved pursuant inthis section mhoU apply. /[)nd. No. 1367.
o
Application
The entire parcel for which en application for rezoning or pre-zoning toP-Cie filed must bein
one ownership. Should there be multiple owners, the application must be made bvorvv�hthe
vvh�mnmuthohzationfor such aot�non behalf Of all prnpedxovvnoroconcerned, 'ndthe 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. /C)nd. No. 1307. Sec. ||' 4-6-10l
d
Permitted Uses
In the Planned Community District (P-C), the following uses (or uses which, in the opinion nf
the Cornnnun�vDevo|OpmnentDirector and/or the Planning Commission, ane sinni|ahwiUbaallowed
subject to the development standards of this Chapter.
The uses permitted in any P-C District shall be those designated on the approved
development plan. In the event that such approved usage does not conform to the
General Plan of the City, the General Plan may be amended, pursuant to the General
Plan Amendment process to conform to the development plan. Said amendment may
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be processed simultaneous with the amending of the zoning ordinance classifying the
area P-C.
2. The continued use of land within a P-C District for agricultural purposes shall be
permitted.
3' Grading shall be permitted within a P-C District outside of an area of immediate
development subject to securing 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 tn the provisions set forth i ao).
0' Reverse vending machines (as defined in-Section and subject tostandards
contained in Section 9271 bb).
(Ord, NO, 9//.Sm�5-2/�0� No, �� Sec, ��� Ord, No, 136 7, Sec, P, 4-6-10
a
Procedures
Any application for a zone change to permit the establishment of8F-C District shall
bo made pursuant to Section 9295 uf this Chapter and shall be accompanied bva
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:
(o) Development or construction of professional or general office use would be
more compatible with surrounding uses in the area than retail commercial uses
on the subject property ([Jnd. No. 808, Sec. 15' 11-21-83; Ord. NV. 1387, Soo.
||.4-0-1O)
Areas on the development plan shall be subject to one of the following or any
combination thereof:
(a) The requirements nf any ofthe zoning districts established by this Chapter, as
amended;
(b) Standards of development set forth on the approved development plan and
supplementary text material;
(o) 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 nfon approved development plan, said uses shall be subject toall
standards contained in Section 9271 bb. (Ord. Nn. 883, Sec. 8, 9-8'87; Ord. No.
3' The development plan shall set forth the following:
(a) The proposed use uf all lands within the subject property and the approximate
dimensions of the exterior boundaries of each area;
(b) The type, character and heights of buildings or structures and the number of
dwelling units per gross acre proposed for each residential area;
/c\ The location of school sites, recreational facilities and other public and quasi-
public facilities and the approximate area of each site;
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The general location nf major thoroughfares coordinated with the Orange
County Master Plan of Arterial Highways;
(e) A topographic map of the property;
Pl A preliminary report describing proposed provisions for storm drainage,
sewage disposal, water supply, and other utilities;
(Q) A justification of all commercial and industrial facilities, if any, to be located
within the subject property.
4. The development plan, after its approval and adoption as provided herein, shall be
recorded in the Office of the County Recorder and all development within the district
shall substantially comply therewith, except as said development plan may be
amended byordinance.
5' Commencement ofconstruction
Building construction shall not be commenced unless and until one of the following
alternatives has been accomplished:
(a) There has been recorded a final subdivision map for any specific portion of the
district designated on the development plan as subject to the regulations of a
zoning district established by this Chapter or for which Standards of
Development have been approved. Said subdivision shall comply with the
provisions of Chapter 3n uf this Code, ae amended, and the State
Subdivision Map Act.
/b\ Standards of development have been approved on the development plan for
the specific area proposed for development. If ambiguity exists as to the
specific dimensions or extent of any designated area on the development plan,
the specific boundaries shall be set by the filing of a legal description and map
nf the parcel proposed for development in conjunction vviththeh|inQfor
construction permits.
(o) The Planning Commission has granted a use permit for any specific
development.
0' Application for a use permit for development as stipulated above shall include the
following as applicable:
/a\ Topographic map of the property showing the proposed method of adapting the
development tO the site;
(b) Legal description or boundary survey of the property;
(o) Location, grades, widths and types of improvements proposed for all utilities,
streets, walkways, driveways and service areas;
(d) Location, height, number of stories and number of residential units, if any, for
each proposed structure;
(u) Location and design of automobile parking areas;
(f) Preliminary landscaping plan;
(g) Location of public or quasi-public buildings or areas, including but not limited to,
schools, recreation facilities, parking areas, and service areas, ifany;
(h) Elevations of structures showing architectural type;
(i) Irrevocable offers to dedicate those areas shown on the plan anpublic
property;
U)
Method by which the property could bn divided for the sale or lease nf
individual parcels;
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Method by which open space areas are tob8 perpetually maintained. (Ord.No.
335, Sec. 2)
[
Conditionally Permitted Uses:
The following uses (or uses which, in the opinion of the Community Development Director
and/or the Planning Connnnieeinn, are similar) may be permitted in the Planned Community District
(P-C) subject hn the issuance ofa Conditional Use Permit.
1 Alcoholic beverage sales establishments subject to the provisions set forth in
9271 dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales
Establishments (Ord. No. 1367. Sec. ||. 4-8-10)
9245 ~ PUBLIC AND INSTITUTIONAL DISTRICT (P & 1)
a
Purpose
The purpose of the Public and Institutional District shall be to identify by classification on the
zoning map those properties within the City that are used or authorized for public, quasi-public and
institutional use; in tax exempt status, open space reservation, public recreation, and miscellaneous
uses distinct from the standard classifications ofresidential, cornrnoroia/ and industrial.
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&|) subject to the issuance ofe Conditional Use Permit.
1� Churches
2' City Hall, civic center, community center
u' Federal, etate, county, district office buildings
*. Hnepibo|m
5. Libraries
O. Lodges, clubs, and social halls
7. Military installations
u. Open space reservations
w. Parks, playgrounds, and recreation centers (pub|iu)
10. Post office
11. Public parking
12' Schools (pub|io) and school administration offices ({Jnd. No. 1307. Sec. ||, 4'6-10)
o
Development Standards
The development standards and requirements for development and changes in use shall be
those contained in the general section of this Chapter and as specified and approved by the
Planning Commission ae conditions of the use permit.
d
Reclassification
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Conversion of any public or quasi-public ueeestab|ishedindleP&|Oiothothoprivoteuee
shall require e rezoning and classification action.
9246 - MICAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN)
a
Conditionally Permitted Uses
The purpose of the MCAS Tustin Specific Plan District (SP-1 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 adopted the MCAS Tustin Specific Plan, the text of which is set forth in the
document entitled WCAS Tustin Specific Plan" attached to this ordinance as Exhibit B, as
corrected by changes identified as WCAS Tustin Specific Plan Corrections" and provided as
Exhibit C, which are attached hereto and incorporated herein by reference as if fully set forth
herein.
o
Applicability
The SP-1 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 SP-1 Specific Plan District.
The regulations set forth in the MCAS Tustin Specific Plan shall apply to the SP-1 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 GP'1 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 SP-1 District zoning shall be adopted ov changed bv 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 4.2.7Ofthe k4CA8Tuatin Gpaoifio Plan. Amendments tothe K8CAG Tustin
Specific Plan may be adopted by ordinance and may be amended as often as deemed necessary
by the Tustin City Council.
yOrdNo Y257� Sec 2,2-3'20O3)
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Page 38of\34
Tustin, California, Code of Ordinances >> >> >> PART
- COMBINING AND OVERLAY DISTRICTS >>
9251 - COMBINING PARKING DISTRICIIP
9251 ~ COMBINING PARKING DISTRICT (P)
a
Permitted Uses
All uses in the districts with which the "P" is combined.
b
Development Standards
/ As specified in the district with which the "P" District is combined, unless superseded
by the provisions Of this district
2. Front yard requirement: Layout nflandscaping
3' Repealed. ((Jnd.No. 1354, Sec. ||, 11-4-08)
9252 - CULTURAL RESOURCE DISTRICT (CR)
a
Purpose
Tustin has played o vital role in the history ofOrange County and has retained o rich and
unique cultural heritage. It is hereby declared as a matter of public policy that the recognition,
presSrvatiOn, protection and use of culturally significant structures, natural feoturea, sites and
neighborhoods within the City of Tustin is required in the interest of the haa|th, safety, prosperity,
social and cultural enrichment and general welfare of City residents. The purpose of Cultural
Resource District is to:
1. Safeguard the heritage of the City bv preserving neighborhoods, structures, sites and
features which reflect elements of the City's cultural, architectural, artistic, aesthetic,
political, social, natural and engineering heritage.
2' Encourage public knowledge, understanding and appreciation of the City's past.
3' Strengthen civic and neighborhood pride and a sense of identity based onthe
recognition and use of cultural resources.
4. Promote the private and public enjoyment, ueeandppeaervationofoultuna||y
significant neighborhoods, structures and sites appropriate for the education and
recreation of the citizens of Tustin and visitors to the City.
5. Enhance the visual and aesthetic character, diversity of architectural styles and
aesthetic appeal of the City.
0. Enhance property values and increase economic and financial benefits to the City and
its inhabitants.
7.
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Assure that new construction and subdivision of lots in the Cultural Resource District
are compatible with the character of the district.
«. Identify as early as possible and resolve conflicts between preservation of historic and
cultural resources and alternative land uses.
b
Applicability
/' The Cultural Resource District is an overlay district and shall apply to those properties
as shown on the official Tustin Zoning Map and tO those cultural naenuroe structures
and sites as may be designated by resolution of the City Council and listed by address
and filed with the Department of Community Development.
2' The zoning district map shall be amended to indicate the application of the Cultural
Resources District. The designation CR shall be added after the underlying zoning
designation.
3. The requirements nf this section shall be considered in conjunction vvbhthe
requirements of the underlying district. If a conflict exists between the requirements of
the underlying district and this section the requirements of this section shall apply.
c
Planning Commission
The Planning Commission shall advise the City Council on all matters relating to historic and
cultural resources, including without limitation, matters affecting the establishment of a Cultural
Resource District, designation of Cultural Resources, and as a liaison between residents, property
owners, and the City Council within a Cultural Resources District. In performing its historic and
cultural resources duties, the Planning Commission shall not exercise any independent final
decision-making authority or expend city funds. Actions of the Commission shall not be considered
actions of the City and shall not be represented aosuch.
d
Cultural Resource Designation Criteria
For the purposes of this section, an improvement or natural feature may be designated a
cultural resource by the City Council, and any area within the City may be designated as a Cultural
Resource District by the City Council if it meets the following criteria:
1 It exemplifies orreflects special elements of the City's cultural, architectural, aesthetic,
social, economic, political, artistic, engineering and or architectural heritage; or
2' It is identified with persons, a business use or events significant in local, state, or
national history; or
3. It embodies distinctive characteristics of style, type, period, or method of construction,
or is a valuable example of the use of indigenous materials or craftmanship; or
4. It is representative of the notable work of a builder, designer, or architect; or
o' Its unique location or singular physical characteristic represents an established and
familiar visual feature of neighborhood, u0nnmunib/ or the City; or
0. Its integrity as a natural environment or feature strongly contributes to the well being
of residents of the City or the well being of neighborhood within the Qb/; or
7. It is a geographically definable area possessing a concentration or continuity of site,
bui|dinga, structures or objects as unified by past events or aesthetically by plan or
physical development.
e
Cultural Resource Designation Procedures
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Cultural Resource Districts and Designated Cultural Resources shall be established by the
City Council as follows:
1 Any person may request the designation ofan improvement aso cultural resource or
the designation of a Cultural Resource District by submitting an application for such
designation to the Community Development Director. The Committee or City Council
may also initiate such proceedings on their own motion.
2. The Community Development Director or City Council shall refer the proposed
request to the Committee for their study, review and recommendation.
3. The Committee shall conduct o study of the proposed designation and make a
preliminary determination based on such documentation as it may require as to its
appropriateness for consideration. If the Committee determines that the application
merits consideration, but only if it so determines, it shall schedule and notice a public
hearing.
4' The Committee's decision to schedule or not to schedule a public hearing shall be in
writing and shall be filed with the Community Development Department. Notice of a
decision not to schedule a public hearing shall be given bv mail tothe applicant. No
permits for alteration, donno|iUmn or removal of any innpnavernant, building or structure
within the proposed Cultural Resources District or relative tn a proposed cultural
resource shall be issued while the public hearing or any appeal related thereto is
pending.
5. In the case of a proposed Designated Cultural Resource, notice of the date, place,
time and purpose of the hearing shall be given by first class mail to the applicant,
property owner, and occupants of the improvement at least ten (10) days prior to the
date of the public hearing, using the name and address of such owners as shown on
the latest equalized assessment rolls, and shall be advertised once in a newspaper of
general circulation.
O. In the case of a proposed Cultural Resources District, notice of the date, place, time
and purpose of the hearing shall be given by first class mail to the applicant, property
owners and occupants of all properties within the proposed district at least ten (10)
days prior to the date of the public hearing, using the name and address of such
owners as shown on the latest equalized assessment rolls, and shall be advertised
once in8 newspaper of general circulation.
7. At the conclusion of the public hearing, but in no event more than thirty (30) days from
the date set for the initial public hearing for the designation of a proposed Cultural
Resource or Cultural Resource District, the Committee shall recommend approval in
whole or in part, or disapproval in whole or in part of the application in writing. In the
case of a proposed Cultural Resource District, the Committee's recommendation shall
be forwarded to the Planning Commission who shall follow all Zoning Amendment
procedures contained in the Tustin Municipal Code considering establishment of the
Cultural Resource District. In the case of designation of a Cultural Resource or site,
the Committee's nyuVnlnnendabon nho|| be transmitted directly to the City Council.
8' The City Council, after receipt of the recommendations from the Planning Commission
for designation of a Cultural Resource District, shall by ordinance approve the
application in whole or in part, or shall by motion disapprove it in its entirety. In the
case of designation of a Cultural Resource recommended by the Committee the City
Council shall by resolution approve the application in whole or in part of, or by motion
disapprove the request.
9.
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Failure to send any notice by mail to any property owner where the address of such
owner is not a matter of public record shall not invalidate any proceedings in
conjunction with the proposed designation.
10' Ae soon thereafter eereasonably possible the Community Development Department
shall send bv first class mail @ copy Of the Ordinance designating oCuUun*|Raeounce
District or a certified copy of the resolution designating a Cultural Resource to the
property owner or owners in the District or the property owner or owners of the
Cultural Resource, aaapplicable.
11. Amendment, revision or deletion of a designation may be accomplished by following
the above procedures.
Certificate of Appropriateness Required
/\ Certificate of Appropriateness shall be required prior to:
(a) Alteration Vf the exterior features ofa building or site within adesignated
Cultural Resource District, or alteration of a Designated Cultural Resource, or
construction of improvements within a designated Cultural Resources District
requiring a City building permit.
(b) Demolition or removal of any Designated Cultural Resource orofany
improvements in a Cultural Resource District.
(o\ A certificate of appropriateness shall not be required for the following: (1)
ordinary maintenance or repairs that do not involve a change in design, exterior
material or original appearance of an improvement, nor (2) any construction,
reconstruction, alteration or removal of any feature which has been determined
by the Building (]ffinia| to be necessary to protect the public health or safety
due to an unsafe or dangerous condition provided the Building Official certifies
such action.
g
Procedure for Certificate ofAppropriateness
1
Application for a Certificate of Appropriateness shall be made on forms provided by
the Community Development Department and shall contain whatever detailed
information (plans, drawings, agreements, photographs, etc.) as is determined by the
Community Development Department to be necessary for the Department to act on
the request. Where the proposed project nequineaotherdisSpetiVn8ryappnova|eouoh
as a tentative tract map, the background information shall also be concurrently
submitted to the Department on each of these applications.
2. Applications for Certificate of Appropriateness shall comply with the California
Environmental Quality Act (CE[JA).
3. The Community Development Director shall have the authority to approve, approve
with conditions, or deny Certificates of Appropriateness for improvements requiring a
City building permit. In reviewing applications for a Certificate of Appropriateness, the
Director may consult with and receive the advice and recommendation Of the Historic
Resource Committee prior to rendering adecision.
4. Any person may appeal any decision of the Director of Community Development or
Planning Commission in accordance with of this Code (Appeo|S).
5' A Certificate of Appropriateness shall lapse and become void one (1) year following
the date on which the certificate was approved unless the conditions of the approval
specify a lesser or greater time or unless, prior to such expiration date, a building
permit is issued by the Building Official and construction is commenced and diligently
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pursued toward completion onthe site which was the subject of the application. A
Certificate may be renewed for an additional period of one (1) year or for a lesser or
greater period provided that prior to the expiration of the time period granted, an
application for renewal of the permit in filed with the Community Development
Department. The Community Development Director may approve, approve with
conditions or deny an application for renewal of a Certificate of Appropriateness; such
decision may bo appealed au set forth in paragraph 4above.
O' Any Certificate of Appropriateness granted in accordance with the terms of this
section may be revoked by the City Council in the manner hereinafter set forth if any
of the conditions or terms of such Certificate are violated or upon violation of any
applicable provisions of this section.
Before the Council considers revocation of any Certificate of Appropriateness, the
Planning Commission shall hold a hearing thereon after giving written notice thereof to
the permittee at least ten (10) days in advance of such hearing. Within five (5) days
thereafter, the Commission shall transmit a report of its findings and its
recommendations on the revocation to the City Council who will act on the matter.
h
Required Findings for Construction or Alteration
The following findings are required for issuance of a Certificate of Appropriateness for
alteration of Designated Cultural Resources, or for construction of improvements within a Cultural
Resource District. No Certificate shall be issued if the findings cannot be made. For work on a
Designated Cultural Resource within a Cultural Resource District, the required findings for both the
resource and district shall bemade.
1. Alteration ofo designated oultuna|reoourne:
(a) The proposed work will not detrimentally alter, destroy or adversely affect the
resource and, in the case of a structure, is compatible with the architectural
style of the existing structure.
(b) The proposed modification will retain the essential elements which make the
structure, site or feature culturally significant.
Construction of improvements ina Cultural Resource District.
(a) The proposed work conforms to the Municipal Code and design standards
which may be established from time hn time bv the Historic Resource
Committee.
(b) The proposed work does not adversely affect the character of the district or
Designated Cultural Resources within the district.
\n/ The proposed work ie harmonious with existing surroundings. The extent of
harmony shall be evaluated in terms of appropriateness of materials, scale,
size, height, placement and use of a new building or structure in relationship to
existing buildings and structures and the surrounding setting.
Findings and Additional Permit Procedures for Demolition, Removal or Relocation of Designated
Structures or Structures Constructed Prior to 1940:
A Certificate of Appropriateness for the demolition ufa Designated Cuhora|Remounce
shall not be approved unless the Community Development Director or, on appeal, the
City Council finds that one (1)or more nf the following conditions exist:
(8) The structure/site is e hazard to public health or safety and repairs or
stabilization are not physically possible.
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(b) The site is required for a public use which will beof more benefit to the public
than the Cultural Resource, and there is no feasible alternative location for the
public use,
(c) For a Designated Cultural Resource only:
(1) It is not feasible to preserve or restore the structure, taking into
consideration the economic feasibility 0f alternatives bo the proposal.
(2) The proposed replacement structure does not detract from the
neighborhood.
(d) Reconstruction or restoration is not economically feasible or practical.
2' No person shall carry out or cause to be carried out any demolition, removal or
relocation of Designated Cultural Resource or structure within a Cultural Resource
District built prior to 1940 without first receiving a demolition or relocation permit from
the City. Such permit shall not be issued unless one of the following events has
occurred and in the case of a demolition the applicant has complied with 0 below:
(a) A Certification of Appropriateness has been approved by the Community
Development Director orby the City Council on appeal; or
(b) A period of 180 days has expired from the date of the Community Development
Director's denial of the Certificate of Appropriateness, and there has been no
City Council appeal,
/o\ A period Of18O days has expired from the date Of City Council denial ofo
Certificate ofAppropriateness.
3. In addition to the above requirement, no demolition permit or relocation permit shall be
issued for the demolition or relocation of a Designated Cultural Resource or structure
within a Cultural Resource District built prior to 1940 until a Certificate of
Appropriateness and City building permit has been issued for a replacement structure.
]
Design Criteria and Development Standards
The City Council may establish, promulgate and adopt by resolution, design criteria
and standards for properties as are necessary to supplement the provisions of this
section as a guide to evaluate applications for Certificates of Appropriateness, said
criteria may ino/ude, but not be limited to, the following:
(a) Acceptable materials for new construction such as stucco, rnesonry, nne{a|, and
glass curtain;
/b\ Appropriate architectural ohonaoter, aca|e, and detail for new construction;
(o) Acceptable appurtenances to new and existing structures such oegables,
parapets, balconies and dormers;
(d) Acceptable textures and ornamentation such as paint colors and types, use of
vvood, otona, meb8|, p|omter, p|asUne, and other man-made materials, use of
shutters, wrought and cast iron, finishes of metal, colors of glass, such as
ai|var, gold, bronze, arnohe, and other details or architectural ornamentation;
(e) Acceptable accessories on new or existing structures such as light fixtures, gas
lights, canopies, exterior carpentry, tile or wood, signs, banners, flags and
projections.
2' Residential standards
(1)
All uses shall be permitted in the Cultural Resources Overlay District om
are authorized in the underlying Residential District.
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(2) The City Council may also permit other nonlisted uses which support the
purposes of the district aea conditional use following a public hearing
and recommendation bv the Planning Commission.
(b) Site development standards (applicable to creation of new lots only):
M\ K8inknuno single-family lot size: 10,000 square feet
(2) Minimum multiple-family lot size: 15,000 square feet.
Development of existing lots within the [R District may proceed consistent with
the underlying residential zoning district. ([)nd. No. 1207. Sec. 2.11-10-98)
3. Commercial standards
(a) Permitted uses:
(1}
All uses shall be permitted in the Cultural Resource District aaare
authorized in the underlying commercial district. The City Council may
also permit other non|imted uses which support the purpose uf the district
ooa conditional use following a public hearing and recommendation
from the Planning Commission.
(b) Limitations on permitted uses:
(1) No merchandise shall bu displayed nor advertised for sale onnrover
public right-of-way. This section is not to be construed as restricting nor
limiting the outside display and sale of merchandise on private property
within the district.
(c) Authorized and encouraged uses:
The following uses are authorized and encouraged with the interest of creating
a commercial village atmosphere:
Pipe and tobacco shops
Lamp shops
Wine tasting rooms
Yardage goods
Leather goods
Knit shops
Candle shops
Ice cream shops
Boutique
Jewelry shops
Coffee shops
Wrouqht iron ware
Ethnic restaurants
rt gatteries
(Spanish, Mexican,
French, German)
General offices
(if located on any floor above and if less than 50
percent of total area are occupied by general offices,
consistent with Section 9233a(l)(g)
Hobby shops
DeLicatessens
Photographer's studios
Antique shops
China and crystal
Gift shops
The above list of potential uses iS not all encompassing buth/pifieothe
character of uses that illustrate the desired image.
'Ord. No 1251, Sec. 2,5-20-02!
N\ Site development standards and exception
|n order to provide maximum flexibility in design anddevek/pm8ntforvohous
lot sizes, consistent with a concept of village environment, the following criteria
and exceptions are applicable:
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Front building setbacks may be established at the property line except
for corner properties requiring a five -foot line of sight clearance.
(2) Rear yard setbacks shall be established at fifteen (15) feet from the rear
property line, or in the event the development extends to the next
intervening street, the rear setback line shall be construed as the
frontage on "C " or Prospect Streets.
(3) As an exception to the general sections of this Chapter and other
provisions of the Zoning Ordinance, when commercial and professional
properties are developed or converted to permitted uses under the
provisions of this section, on -site parking requirements may be modified
under any one or a combination of the following provisions:
a. Property or properties that lie within a Vehicle Parking
Assessment District or Business Improvement Area shall be
exempt from the requirement for on -site parking
accommodations, subject to the provisions of the Parking or
Improvement District Ordinance.
b. On -site parking requirements may be waived upon the
presentation to the City of a long -term lease, running with and as
a condition of the business license, for private off -site parking
accommodations within 300 feet of the business or activity to be
served.
C. All or a portion of required number of parking spaces may be
satisfied by depositing with the City an amount, to be used for
public parking accommodations within the area, equal to four (4)
times the assessed value as determined from the latest
assessment roll of the County Assessor, of 200 square feet of
land within the area, for each required parking space not
otherwise provided.
d. Development proposed within both the Central Commercial
District (C -2) and the Old Town Commercial General Plan land
use designation (the commercial portion of Old Town Tustin),
may satisfy all or a portion of the required number of on -site
parking spaces through the payment of a fee, in an amount
determined by Fee Resolution of the City Council, upon a
determination of the Tustin Planning Commission that the
proposed project meets the following findings:
• The proposed project is an infill project located within the
commercial district of Old Town.
• That the proposed project is considered to be relatively
small.
That the proposed project has incorporated building or site
design enhancements that make it an outstanding addition
to Old Town Tustin.
That the proposed project provides some on -site parking,
but is aesthetically superior to one that provided all
required parking on site.
That the project applicant shall agree to pay an annual fee
for each public space not provided on site.
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Other findings that may be adopted from time to time bv
the City Council.
(e) Public improvements
Public improvements contributing to the motif Qfthe area and the intent of this
section are tn consist of the following:
(1) Street furniture for convenience of the pedestrian shopper t0 consist nf
benches and trash receptacles.
(2) Street lighting with the use nf stanchions and fixtures that contribute to
the development theme.
/3\ Street portals to create an identity of approach to the area for vehicle
and pedestrian traffic.
/4\ The use of wishing wells ae theme and area identity.
(5) Street and traffic patterns that segregate vehicle from pedestrian traffic
by providing rear access to parking accommodations, delivery services,
and through traffic, with frontage accommodations for pedestrians and
short term convenience parking.
k
Duty to Keep in Good Repair
The owner, occupant, or other person in actual charge ofoDesignated Cultural Resource
shall keep the exterior of any designated structure, site, or feature in good repair.
Enforcement and Penalties
Methods of enforcement. In addition to the regulations of this section which govern the
approval or disapproval ofCertificates of Appropriateness covered by this section, the
Community Development Department shall have the authority to implement the
enforcement thereof by any uf the following means:
(a) Serving notice requiring the removal of any violation of this section upon the
owner, agent, occupant or tenant of the improvement, building, structure or
(b) Calling upon the city attorney to institute any necessary legal proceedings to
enforce the provisions 0f this section, and the City Attorney inhereby
authorized tu institute any actions tu that end;
(o) Calling upon the Chief of Police and authorized agents ho assist inthe
enforcement of this section.
In addition ho any nf the foregoing rennediee, the City Attorney may maintain an
action for injunctive re|ieft0reatnainorojoinortVnauoethennrrSo[iOnor
removal of any violation of this section, nr for an injunction in8pprnpri8te
cases.
2. Penalties. Any person violating any provision of this section shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be fined inon amount not
exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding
six (6) months or be so fined and imprisoned. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be punishable as
such hereunder.
,'Ord. No '1001, Ser 2, 0�B-00 Ord Nn 1301. �§8�-W 9-19-05: Ord, No Y332 Sao 2, 5-1-07: O/d No 1366
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Tustin, California, Code mf Ordinances >> >> >> PART 6
-CJFF~STREET PARKING >>
9260 - PURPOSE
9261 -APPLICABILITY
9262 - GENERAL PARKING REGULATIONS
9263 - OFF-STREET PARKING REQUIRED
9264 - REDUCTION OF OFF-STREET PARKING REQUIREMENTS
9266 - DEVELOPMENT STANDARDS FOR OFF-STREET PARKING
9267 - DRIVEWAYS AND SITE ACCESS
9268 - OFF-ST REET LOADING SPACE REQUIREMENTS
9269 - DEFINITIONS
9260~PURPOSE
The purpose and intent of this Chapter is to ensure that sufficient off-street parking facilities
are provided for all uses and that parking facilities are properly designed and maintained.
9261~APPLICABILITY
Except as otherwise provided in this Section, every use, including a change or expansion of
a use or structure shall have appropriately maintained off-street parking and loading areas in
compliance with the provisions of this Section. A use shall not be established and structures shall
not be occupied until improvements required by this Section are satisfactorily completed.
a Cultural Resource District (CR) standards shall take precedence where
applicable.
b Standards established inan adopted Specific Plan, Planned Community,
Development Agreement, or similar governing document, shall take precedence
where applicable.
9262~GENERAL PARKING REGULATIONS
e Minimum Parking Requirements:
1' There shall be provided at the time of establishment of use and/or occupancy ofany
building or structure a nninirnurn number Ofoff-street parking and loading spaces as
required in this Chapter for said use, building and/or structure with adequate provision
for safe ingress and egress.
2. Parking and loading spaces provided shall be designed in conformance with this
Section.
3' Parking and loading spaces may not be located within any front or side setback area,
except as provided in this Code.
Page 40ofl34
4. Parking of vehicles cman unpaved surface is prohibited, except when approved by
Temporary Use Permit.
b Availability:
Required off-street parking areas and access ways shall be made permanently
accessible, available, marked and maintained for the purposes of temporary vehicle
parking and access only. Required parking and access ways shall not be:
a' Rented, let, or used for storage of property, or used to park an inoperative or
non-motorized vehicle, or otherwise be blocked in any manner that would
impede access to or the use of any required parking space for the temporary
parking of vehicles. A vehicle parked on private residential property belonging
boor occupied by the owner of such vehicle for the purpose oftemporarily
displaying them for sale shall be exempt from this prohibition, provided such
temporary display does not exceed ninety (90) days in any calendar year.
b' Used for overnight parking except by residents or tenants with the authorization
of the property owner.
Required residential parking spaces shall be subject to the following:
a. Residents shall not store or park any vehicles in any parking
space, driveway, or private street area except for the purpose of loading,
unloading, making deliveries nr emergency repairs.
o' Garages shall be available for the parking nf vehicles. Storage ufpersonal
items may occur ina garage only to the extent that such storage does not
impede vehicle parking nor reduce the number or required minimum size of the
required garage space.
�
Required nonresidential parking spaces shall be permanently available for
tenants, employees, customers and guests having lawful reason to be at the
premises for which the parking is required. In the absence of prior approval
from the Community Development Director, it is unlawful for any owner, lessee,
tenant, or any persons having control of the operation of the premises to
prevent, prohibit, or restrict authorized persons from using the required parking.
« Maintenance: It shall be the duty of the property owner to maintain and repair required
parking areas and associated improvements in accordance with this Code and any other
conditions imposed at the time of approval. Parking opooea, driveways, maneuvering oia|a8,
paving, light standards, walls, turnaround areas, landscaping and other improvements shall
be maintained in a good condition and be free of debris, graffiti, and litter.
(Ond,Nu, 1354, Sec, //, 11-4-00
9263 - OFF-STREET PARKING REQUIRED
Each land use shall provide ed least the minimum number of off-street parking spaces
required by this Section, except where o greater number of spaces are required through a land use
entitlement approval or where an exception has been granted in compliance with Section 9264
(Reduction of Off-Street Parking Requirements).
a Expansion Of Any Structure or Change In Use. When a structure is enlarged or
increased in capacity or intensity, or when a change in use requires more off-street
parking, additional parking spaces shall be provided for the proposed change in
compliance with this Section.
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Mixed-Use/Multi-Tenant Developments. Except ae provided i .
whenever two (2) or more uses identified in this Chapter exist within separate tenant
spaces 0n the same site or within the same building:
/
The number of parking spaces required of each separate tenant space shall be
determined separately at the rates established in this Chapter for each use.
2. Except es provided in Section 9263b3., parking for ancillary activities oruses
within all zoning classifications shall be provided at the parking ratio required of
the primary use.
3. Within the PM and K4 zoning c|omeificationo, ancillary activities or uses within a
single tenant space not exceeding ten (10) percent of the tenant's gross floor
area shall be calculated aL the parking ratio of the primary use. Parking
required for activities or uses within a single tenant space that exceed ten (10)
percent of the gross floor area of the tenant space shall b*determined
separately at the rates established in this Chapter for each use.
c Uses not listed. Uses not specifically hBted in Section 9263g (Table 1) shall provide
parking as required in a written determination by the Community Development
Director on the basis of the requirements for similar uses. The Community
Development Director shall use the requirements of Section 9263g as a general guide
in determining the minimum number of off-street parking spaces to be provided.
d Gross Floor Area. Gross floor area shall be used as a basis for calculating the number
of parking spaces required in this Section. Gross floor area shall be measured as the
area bounded by the outer face of exterior walls including auxiliary common areas
such aea hallway, lobby, and rea[noonn.
* Rounding of Quantities. When calculating the number of parking spaces required, any
fractional space shall be rounded upto the next whole number.
f Company-Owned Vehicles. The number of parking spaces required by this Section
does not include spaces for company-owned vehicles. Parking spaces for company-
owned vehicles shall be provided in addition to the number of parking spaces required
for the primary use.
Q Parking Requirements By Land Use. The minimum number of parking spaces tnbe
provided for each use shall comply with Table 1.
TABLE 1: PARKING REQUIREMENTS BY LAND USE
Land Use Type IParking Spaces Required
Manufacturing and Processing
General manufacturing,
1 space for each 500 sq. ft. of gross floor area
industrial uses
Research and development,
1 space for each 500 sq. ft. of gross floor area
laboratories
Warehouses and storage
1 space for each 1,000 sq. ft. of gross floor for the first 20,000 sq. ft. of gross
facilities
floor area and I space for each 2,000 sq. ft. of gross floor area for the next
20,000 sq. t.; and 1 space for each 4,000 sq. ft. thereafter
Wholesale operations not
1 space for each 1,000 sq. ft. of gross floor area, less that area devoted to office
used exclusively for storage
or sales, which shatt be 1 space for each 250 sq. ft. of gross floor area
Recreation, Education, Pubti Assembly
Adult day care centers
I space for each employee on maximum shift, plus 1 space for each 5 ctients at
maximum enrottment
Child day care centers
1 space for each employee and teacher on maximum shift, plus 1 space for each 5
chitdren at maximum enrotiment
Cinemas, movie theaters .1
space for each 3 fixed seats
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Page 50 of 134
Commercial trade or
1 space for every 3 students at maximum capacity of each classroom, plus one
business schools,
space for each faculty member and employee
instructional
-Golf courses
6 spaces for each hole; plus additional spaces for other related uses on the site
Driving ranges
1 space for each tee
-Miniature golf courses
3 spaces for each hole
Indoor recreation /fitness
centers
-Arcades
1 space for each 200 sq. ft. of gross floor area
-Bowling alleys
5 spaces for each lane, plus required spaces for ancittaryuses
Health/fitness clubs
1 space for each 150 sq. ft. of gross floor area, including swimming pool area
Pool and billiard rooms
2 spaces for each table, plus 1 space for each 250 sq. ft. of indoor gross floor area-
excepting the pool and billiard area, plus as required for ancillary uses
Skating rinks
1 space for each 150 sq. ft. of gross floor area, plus 1 space for each 250 sq. ft. of
indoor gross floor area excepting the skating rink area, plus as required for
ancillary uses
Libraries, museums, art
1 space for each 300 sq. ft. of gross floor area
galleries
Performance theaters,
1 space for each 3 fixed seats; or if no fixed seats are provided, 1 space for every
meeting halls and
35 sq. ft. of gross assembly or viewing area
membership organizations
Places of assembly not
1 space for each 3 fixed seats; or if no fixed seats are provided, 1 space for every—
specified elsewhere
35 sq. ft. of gross assembly area, classrooms, meeting rooms, etc., based on the
most intense simultaneous use
Schools (Private)
1 space per 3 students, plus adequate drop off/loading area as approved by the
Elementary, Middle, and
Community Development Director
High Schools
Colleges/ Universities
1 space per 3 students
(excluding related
residential uses)
Studios for dance, art,
1 space for each instructor plus 1 space for each 3 students present at any one
martial arts, one-on-one
time
personal fitness
Tennis/ racquetball /handball
1. 5 spaces for each court, plus I space for each 250 sq. ft. of indoor gross floor
or other courts —larea
excepting the court area, plus as required for ancillary uses
Residential Uses
Dormitories, fraternities,
1 space for each 2 beds
sororities, and
rooming/ boarding houses
Duplex housing units (not
2 spaces, within a garage, for each unit plus 1 space for open, unassigned guest
within a multifamily
parking per 4 dwelling units
complex)
Large family day care homes
1 space for each nonresident employee, in addition to the required residential
spaces, plus adequate drop-off area as approved by the Community Development
Director
Mobile homes (in mobile
2 covered spaces for each mobile home (tandem parking permitted in an attached
home parks)
carport), plus 1 guest parking space for each 10 units
Multifamily housing
2 covered spaces for each dwelling unit, plus I unassigned guest space for every 4
units
Second residential units
2 spaces, within a garage, in addition to that required for the primary single-
family unit
Senior citizen congregate
1 space for every 3 beds
care housing I
Senior citizen multifamily
Iguest
1 space for each unit with 50 percent of the spaces as covered spaces, plus I
housing
parking space for each 10 units
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Single-family housing
2 spaces, within a fully enclosed garage, for each unit with 4 or fewer bedrooms,
land 3 spaces, within a fully enclosed garage, for each unit with 5 or more
Retail etail Tra�de
u utom jj p
tomobile parts and
1 space for each 400 sq. ft. of gross floor area
supplies, including mobile
home and vehicle machine
Banks and financial services
1 space for each 250 sq. ft. of gross floor area
Building materials,
hardware stores, and plant
1 space for each 250 sq. ft. of indoor display area, plus 1 space for each 1,000 sq.
ft. of outdoor display area
nurseries
Convenience stores
1 s ace for P;;rh ?qn �zn :)or area
::s
1
Nightclubs and dance halts
1 space for each 7 sq. ft. of dance floor area, plus 1 space for every 35 sq. ft. of
F;fladditionat
Restaurants, cafes,
uired for ancillary uses (restaurant, etc.)
1 space for each 100 sq. ft. of gross floor area, plus a minimum 7-car stacking
cafeterias, lounges, or
similar establishments at
space for drive-through, except no additional parking spaces shall be required
when a restaurant use replaces a retail,
which the consumption of
service, or office use on a property
located within both the Central Commercial District (C-2) and the Old Town
food and beverages occurs
Commercial General Plan land use description.
primarily on the premises
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
eatin area exceeds the 50 -percent threshold
L
Restaurants,
Restaurants, take out;
including delicatessens,
space r each 250 sq. ft. of gross floor area, plus a minimum 7-car stacking
donut shops, coffee shops,
Ispace for drive-through, except no additional parking spaces shall be required
when
h restaurant use replaces a retail,
ti ;1
establishments at
service, or office use on a property
within
located tnead n both the Central Commercial District (C-2) and the Old Town
hich the consumption of
C ornmerciat General Plan land use designation.
food and beverages occurs JIN
0 additional parking shall be required for an outdoor restaurant seating area
primarily away from the
I
then t he area either contains no more than 12 seats, or is no larger than 50
premises
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
-General
seating area exceeds the 50 -percent threshold
Retail stores:
1 space for each 250 sq. ft. of gross floor area
merchandise
Retail stores: Appliance,
I space for each 500 sq. ft. of gross floor area
furniture, and bulk good
stores
Service Uses
Hotels and motels 1
space for each guest room, plus 1 space for each 2 employees on largest shift,
plus requirements for related commercial uses, plus 1 space for each 50 square
feet
of Sross floor area for assembly or conference rooms.
Kennels and animal boarding 1
space for each 500 sq. ft. of gross floor area
Laundromats 1
space for every 3 washing machines or one space for each 250 sq. ft. of gross
floor
area, whichever is greater
Medical services
Clinics, medical /dental 1
offices
space for each 250 sq. ft. of gross floor area for the first 4,000 sq. ft. of medical'
tDistrict
space
within a building or center and 6 spaces for each 1,000 sq. ft. of gross floor
area
in excess of 4,000 square feet; except for locations in the Combining Parking
Extended care (elderly, 1
(P) where 1 space for each 300 sq. ft. of gross floor area shalt .appty
space for each 4 beds the facility is licensed to accommodate
skilled nursing facilities,
etc.
Hospitals 2
spaces for each patient bed the facility is licensed to accommodate, plus
required
LMedical /dental tabs 1
spaces for ancillary uses as determined by the review authority
s ace for each 300 sq. ft. of eross floor art-;i
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Offices, administrative,
1 space for each 250 sq. ft. of gross floor area for the first 25,000 sq. ft. and I
corporate
space for each 300 sq. ft. thereafter; except for locations in the Combining
Parking District (P) where 1 space for each 300 sq. ft. of gross floor area shall
apply
Pet Srooming
1 space for each 500 sq. ft. of gross floor area
Personal services
1 space for each 250 sq. ft. of gross floor area
Barber/beauty shops (and
other personal services:
massage therapy, tanning
Service stations
1 space for each pump island, plus 4 spaces for each service bay, plus additional
spaces for accessory uses
Storage, personal self-
1 space for each 2,000 sq. ft. of gross floor area, plus 2 spaces for a resident
storage facilities
manager
Vehicle repair and
maintenance
Auto Repair
4 spaces for each service bay, plus adequate queuing lanes for each bay
Car washes-self serve
2.5 spaces for each washing stall, for queuing and drying
Car washes-full serve
10 spaces, plus 10 spaces for each wash lane for drying area, plus queuing area for
5 vehicles ahead of each lane
Veterinary clinics and
1 space for each 250 sq. ft. of gross floor area for the first 4,000 sq. ft. of medical
hospitals
space within a building or center; and 6 spaces for each 1,000 sq. ft. of gross floor
area in excess of 4,000 square feet.
lVideo rental
11 space for each 250 sq. ft. of gross floor area
h Disabled/Handicapped Parking Requirements. Parking areas shall include parking
spaces accessible to the disabled in the following manner:
1 Number of spaces and design standards. Parking spaces for the disabled shall
be provided in compliance with the accessible parking requirements contained
in the California Building Code.
2. Reservation of spaces required. Disabled accessible spaces required by this
Section shall be reserved by the property owner/tenant for use by the disabled
throughout the life nf the approved land use.
3' Upgrading of markings required. Standards for the marking, striping, and
signing of disabled parking spaces, disabled accessible spaces within the Citv
shall be in compliance with the State standards. Upgrading hothe State
standards shall be completed by affected property owners within sixty (60)
days of their being notified in writing by the City of new State standards, or
within o time period and ina manner prescribed by State law, whichever is
4. Fulfilling of requirements. Disabled accessible parking spaces required by this
Section shall count toward fulfilling off-street parking requirements.
9264~REDUCTION OF OFF-STREET PARKING REQUIREMENTS
a Joint Use Cf Parking Areas. With the approval ofa Conditional Use Permit, parking facilities
may be used jointly for nonresidential uses with different peak hours ofoperation. Requests
for a minor Conditional Use Permit for shared parking shall meet all of the following
naquinann8nte:
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Aparking study prepared by a California licensed traffic engineer or civil engineer
experienced in the preparation ofsuch study shall besubmitted by the applicant
demonstrating that no substantial conflict will exist in the peak hours of parking
demand for the uses for which joint use is proposed. The methodology to be used in
preparing the study shall be that promulgated by the Institute of Transportation
Enginenm(|TE);
The number of parking spaces which may be credited against the requirements for the
structures or uses involved shall not exceed the number of spaces reasonably
anticipated to be available during different hours of ;
3. Parking spaces designated fnrj intueoahaUbBlooatodaoUlntthevviUadeouotaly
serve the uses for which they are intended;
4. A written and recorded agreement shall be drawn to the satisfaction of the City
Attorney and Community Development Director and executed by all parties concerned
assuring the continued availability of the number of parking spaces designated for
joint use and availability ofreciprocal access easements.
5. Zoning Administrator approval of minor Conditional Use Permit is required for
parking areas serving structures totaling less than thirty thousand (30,000) square
feet. Planning Commission approval of Conditional Use Permit in required for all
other parking areas with joint-use parking.
b Historic Resource Residential Parking. When associated with a recognized historic neenuroe,
as identified in this Section, the number of required off-street parking spaces may be
decreased by one (1) garage or parking space upon Zoning Administrator approval of a
minor adjustment per (Zoning Adnninimtnahor). Approval ofa minor adjustment
can be made when all the following circumstances are found toapply:
1
The adjusted decrease is for parking that serves a residence that is currently listed or
in qualified tobe listed in the City's Historical Resources Survey.
2. A minimum one-car garage io provided on-eite.
3. Providing a new garage space or access toa new garage could result inthe
significant alteration or demolition of any historic structure or resource listed or eligible
to be listed in the City's Historical Resources Survey including historic garages that
contribute tu the listing of the structure Orresource.
4. New increases in square footage would not exceed one hundred fifty (150) percent of
the square footage of the structure that legally existed as of the date of adoption of
this Ordinance; and, the total gross floor area of the residence does not exceed two
thousand (2,000) square feet, including any detached habitable space (e.g. guest
house, etc.).
5. The required number of parking spaces can be accommodated off-street outside of a
fully enclosed garage within an existing legal driveway, tandem space, carport, etc.
O' The adjusted decrease is granted as a means to preserve the integrity of the historic
structure.
7. That the design of the modification to the historic resource will be a positive
contribution to the community.
O. The adjusted decrease is not associated with the addition of a second residential unit
au authorized in Sections 9222 and S223nf this Code.
« Reduction in parking due ho American Disabilities Act (ADA ) upgrade. When required solely
as a need to upgrade existing parking facilities to comply with Title 24, Title III and California
Code of Regulations (CCR), or other California Access Codes or requirements, the total
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number of required parking spaces may be reduced at the discretion of the Community
Development Director. The property owner shall demonstrate that by bringing the site into
conformity with State and Federal ADA. required nonaooeaoib|e parking spaces will be
unavoidably lost and shall submit a parking lot site plan that clearly identifies the entire onsite
parking area showing that the loss of required nonaccessible parking spaces is unavoidable
by parking space redesign. The Community Development Director may require appropriate
parking lot redesign options that maintains any portion of the number of required
nnnaooameib|e parking spaces.
9265~TRANSPORTATION DEMAND MANAGEMENT (TDM)
Where applicable, trip reduction/TDM program plans shall be prepared for review and
approval in compliance with the City's TOMOrdinance 9. Chapter 0nf the Tustin City Code)
or by the Air Quality Management District. Compliance and enforcement provisions of the City's
TDK4 Ordinance shall apply.
9266~DEVELOPMENT STANDARDS FOR OFF-STREET PARKING
Off-street parking areas shall be provided in compliance with the following standards:
o Access. Access to off-street parking areas shall be provided in the following manner:
l
Parking areas shall provide adequate maneuvering room so that vehicles enter
an abutting street oralley in a forward direction. Single-family residential and
duplex residential uses shall be excluded from this requirement except when
driveways take access from a designated major artehe|highvvay;
2. All parking spaces shall have a minimum seven-foot vertical clearance. The
front three /3\ feet ofo parking space inan enclosed garage or carport ina ,
residential zone, however, may have a vertical clearance of four (4) feet to
allow for enclosed storage to be provided above a vehicle's hood (See Figure
b Location, Nonresidential. Off-street parking areas shall be located in the following
manner
l. Parking spaces shall be permanently accessible.
2' Required parking spaces shall be located on the same parcel or center eethe
activities or uses served, except that required parking spaces may be located
within five hundred (500) feet of the parcel served if subject to a recorded
covenant running with the land, subject to City Attorney approval, that shall be
recorded against the affected parcel by the owner of the parking lot
guaranteeing to the City that the required parking spaces will be maintained for
the use or activity served.
3. Car pool and bicycle spaces shall be located aa close aS practical tuthe
entrance(s) of the use they are intended to serve. Spaces shall be situated so
that they do not obstruct the flow of pedestrians at entrances or sidewalks.
o Location, Residential. Parking in residential zoning districts shall comply with the
following regulations:
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Vehicles shall not be parked between the street property line and the front or
side of the residential unit except one legal driveway, parWnOspaoa'g8naQaor
carport approved bv the City.
2. Storage of recreational vehicle is prohibited except when located outside Of
any required front, side, or rear yard setbacks, on a paved surface, and when
fully screened from view from the public right-of-way and adjoining properties
by @ vva|| or fence to e minimum height ofsix (6) feet and landscaping in o
manner approved by the Community Development Director. No habitation is
' o||ovved at any time.
3' Recreational vehicles may be temporarily parked on driveways in front of
residences for not more than forty-eight (48) hours within any seven /7>
consecutive day period of time for the purpose of loading and unloading only.
4' |n multifamily residential developments, parking shall only be permitted in
designated parking spaces approved by the City.
5. Fabric, plastic or other temporary shade structures designed nrubliz8dfnr
sheltering vehicles 0r parking purposes are prohibited.
». No commercial or commercially licensed vehicle shall be stored onany
residentially zoned or used property. No connrneroiG| or commercially licensed
vehicle with a gross vehicle weight of over twelve thousand (12,000) pounds is
allowed bobe parked on any residentially zoned or used property oronany
private residential stnaaL
7. A vehicle shall not be parked across or otherwise block any private or public
d Parking Space Design And Dimensions:
Residential Uses. Minimum parking dimensions shall be as indicated in Table 2
and as illustrated by Figure 2. Compact stalls shall not be allowed as required
parking for residential uses.
TABLE 2: MINIMUM PARKING STALL AND LOT DIMENSIONS—RESIDENTIAL USES
Standard Stall
Type of Stall
Length/Width
Door 0 ening
Covered (garage /carport)
20 feet/ 10 feet, inside dimensions
8 feet min. (single car opening)
16 feet min. (two-car opening)
Standard
Spaces shalt conform to the standards in Table 3.
2' Nonresidential Uses. Minimum parking dimensions shall beao indicated in
Table Jand as illustrated by Figures 3.4. 5. O. and 7.
TABLE 3: MINIMUM PARKING STALL AND LOT DIMENSIONS—NONRESIDENTIAL USES
Standard Stall
Type of Stall
Length/Width
Standard
19 feet/9 feet
Compact
17 feet/8 feet
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Parking
Stall
Aisle width (travel lane)
Total bay depth
angle
depth,
(degrees)
including
bumper
overhang
ONE -WAY TRAFFIC AND SINGLE LOADED AISLES IN PARKING LOT
30
17 feet 411
feet
28 feet 4 inches
inches
45
19 feet
13 feet
32 feet 10 inches
10
inches
60
121 feet
18 feet
39 feet
75
20 feet 721
feet 11 inches
42 feet 6 inches
inches
90
19 feet
25 feet
44 feet
ONE -WAY TRAFFIC AND DOUBLE LOADED AISLES IN PARKING LOT
30
17 feet 411
feet
45 feet 7 inches
inches
45
19 feet
13 feet
52 feet 7 inches
10
inches
60
121 feet
18 feet
60 feet
75
20 feet 721
feet 11 inches
63 feet 1 inch
inches
90
19 feet
24 feet
62 feet
TWO -WAY TRAFFIC AND DOUBLE LOADED AISLES IN PARKING LOT
30
17 feet 424
feet
58 feet 8 inches
inches
5
19 feet
24 feet
63 feet 8 inches
10
inches
60
21 feet
24 feet
66 feet
75
20 feet 724
feet
65 feet 2 inches
inches
90
19 feet
24 feet
62 feet
a. Aisle Width For Internal Circulation. The minimum aisle width for two -
way traffic with no parking spaces is twenty (20) feet and minimum
twelve (12) feet for one -way traffic with no parking spaces.
b. Parallel Parking Spaces. Parallel parking spaces shall have minimum
width of nine (9) feet and a minimum length of twenty -two (22) feet as
shown in Figure 8.
C. Drainage. Off - street parking /loading areas shall be designed and
constructed to ensure that surface water will not drain over sidewalks or
adjacent parcels. Surface water shall be directed to landscape areas or
bio- filtration planters and shall not be directed onto adjacent paved
areas. Parking area design must comply with the City of Tustin Water
Quality Ordinance and all Federal, State, and Regional Water Quality
Control Board rules and regulations.
Compact Parking Spaces. Compact car spaces may be provided as
follows:
1.
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Compact car parking spaces may be provided in addition toand
not in lieu of required parking.
2. Each compact space shall bm clearly marked aoe compact space
in letters not less than twelve (12) inches high and seven (7)
inches wide, reading "Connpaot'oraa otherwise allowed bycode,
3' Compact parking spaces shall bo located along the perimeter of
parking areas, away from any entrance to buildings and uses.
e' Wheel Stops/Curbing. Wheel stops or concrete curbing at least six (G)
inches high and six (8) inches wide shall be provided for parking spaces
located adjacent to walkways, fences, wells, property lines, landscaped
areas and structures.
/. Overhang. Parking stalls and wheel stops may be designed to allow a
vehicle tO overhang into landscaped areas o maximum of two (2) feet. A
vehicle overhang shall not encroach into any walk way, drive aisle nr
other path of travel.
Q' Queuing Distance. Parking lot entries accessed from @ public orprivate
street shall access driveways that are not intersected bya parking aisle,
parking space, or another access driveway for G minimum twenty (20)
feet from the property |ine, to provide a queuing area for vehicles
entering and exiting the parking area. See Figure 9 (Access toParking
Spaces).
e Landscaping.
l' A minimum Qf five (5) percent uf the interior parking lot area shall be
permanently landscaped. The area of the parking lot shall becomputed by
adding areas used for access drives, aisles, staUe, and maneuvering. Required
setback or buffer areas between the parking lot and property lines shall not be
counted towards satisfying the parking lot landscape requirement,
2. Perimeter parking lot landscaping shall be minimum five (5) feet wide. The
minimum perimeter parking lot landscaping along street frontages shall be
minimum ten (10) feet wide for parking lots abutting any major adaho| highway.
3' Perimeter parking lot landscaping shall be designed and maintained to screen
cars from view from the street to a height of thirty (30) inches to forty-two (42)
inches. Screening materials may include a combination of plant materials, earth
benna' solid masonry walls, raised pluntere, or other screening devices which
meet the intent of this requirement. Trees shall be provided in these locations
ata rate of one (1) for every twenty (2U) lineal feet of landscaped area. Plant
materials, signs, or structures within a traffic safety sight area of a driveway
shall not exceed twenty-four (24) inches inheight.
4. Areas within the parking lot that are not used for parking or other approved
uses shall belandscaped.
5' Ad least one (1)24-inoh box tree for every six (0) parking spaces shall be
included in the development of the landscape program for the site. Trees must
be dispersed throughout the parking lot and shall be planted in locations that
dO not conflict with vehicle or pedestrian movement and access.
8. A permanent and automatic irrigation system shall be installed and maintained
in all landscaped areas tn ensure proper maintenance of plant materials.
7. A six-foot eight-inch hi hdeoor8UvanlaonnryvvaUahaUbOpn}vided8/nngUle
property line where o parking area, driveway, orvehiclehunninQ8neoonanon-
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residentially zoned parcel abuts e residentially zoned parcel. Within arequired
front yard, the wall shall not exceed three (3) feet in height subject to visual
clearance requirements at driveways. The Community Development Director
may waive or modify this requirement to protect the visual clearance of
adjacent residences or where screening is not necessary due to existing grade
differentials or other reasons deemed acceptable by the Community
Development Director.
/ Lighting. Parking facilities shall provide lighting in compliance with the requirements of
Tustin City Code Section 41O1. and other applicable requirements.
Q Design For Carports And Garages.
1' Co parking shall have a solid roof structure that completely
covers a carport parking stall. Lockable storage space of at least ninety (90)
cubic feet shall be provided in carports and shall be designed and maintained
so as not to obstruct vehicle access to the required parking space (see Figure
1). Carports shall be screened from public view byo solid wall.
Garages shall bo completely enclosed on all sides, have a solid roof and a
lockable door.
n Residential Guest Parking. Off-street guest perking in nanidenUo| zoning districts shall
be designated and restricted, with appropriate signs/pavement markings, for the
exclusive use of the guests.
i Shopping Cart Storage. Shopping cart storage areas shall not be located within
required parking spaces.
Striping and Identification.
1. Parking spaces, aisles, approach lanes, and maneuvering areas shall be
clearly marked with directional arrows and lines to ensure the safe and efficient
flow Vf vehicles. |f double stripes are used, parking space widths shall be
measured from the center of the double stripes. The Community Development
[)in3otnr may require the installation of traffic signs in addition to directional
arrows to ensure the safe and efficient flow of vehicles in a parking facility.
2' Parking spaces for the disabled and compact spaces shall be striped and
signed in compliance with applicable State standards and as contained in this
Chapter.
3. Parking spaces provided for motorcycle use only shall have bollards installed
and be appropriately spaced to prevent automobile usage of the motorcycle
area. Motorcycle spaces shall be marked so that they can be clearly identified
for motorcycle use only.
Tandem Parking. Except as otherwise permitted in this Chapter, tandem parking shall
be prohibited.
Valet Parking. Valet parking may be allowed subject to the approval of a Conditional
Use Permit and that adequate drop-off area is provided. Tandem parking in
conjunction with valet parking may be allowed subject to plan approval through a
Conditional Use Permit.
n« Interpretations, The parking lot design standards may bo interpreted by the
Community Development Director for conditions not already specified in this Section.
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a Driveways For Residential Uses.
1
The driveway width within the front yard setback shall be a minimum of twelve (12)
feet and a maximum of twenty-four (24) feet; if the garage nr carport ia designed for
three (3) or more vehicles, the driveway width within the front yard setback shall be a
minimum of twelve (12) feet and a maximum of thirty (30) feet. For lots at the ends of
cul-de-sacs with lot frontages of less than forty (40) feet, the parking and driveway
areas within the front yard setback shall not exceed seventy-five (75) percent ofthe
b)ba| front yard oeibaok. The total width may be divided for properties with two /2\
driveways.
2' Circular driveways shall have a minimum outside radius uf (25) feet.
3. Parking and driveway areas within the front yard setback which abut the parking or
driveway area of an adjacent lot shall not be designed or installed in such a manner
so as to create an unattractive, excessively paved area. Adjacent parking and
driveway areas determined by the Director of Community Development to be
unattractive or excessive shall be separated with a buffer consisting of landscaping,
raised hardscaping, or combination of such materials installed in the area between the
parking or driveway area and the adjacent side nr rear property line.
4. A driveway leading to a parking area for duplexes, condominiums, and dwelling units
located ona flag lot may be located, in part, along the driveway ofa contiguous lot
and may, in part, be a common driveway which provides access to more than one (1)
dwelling unit.
5' Paved areas (e.g., parking of vehicles or providing pedestrian access to the
residence) may be provided within the front yard setback ofresidential districts if the
total paved area does not exceed fifty (50) percent of the total front yard setback area,
the parking of vehicles does not obstruct ingress and egress to required parking, and
all of the requirements of this Zoning Code can be met. For narrow lots, or lots at the
ends of cul-de-sacs with lot frontages of less than forty (40) feet, or other similar
irregular conditions, the percentage of parking and driveway areas within the front
yard setback may be reduced through Design Review approval of the Director of
Community Development.
0. Where garages face each other and are separated bya shared driveway, the
noininnunn driveway width shall be twenty-five (25) feet. See Figure 10 (Minimum
Driveway Width for Garages with Shared [}hvevvoy).
7. Any deviation from the above standards may be considered on a case-by-case basis,
subject to review and approval by the Community Development Director.
Driveways for Commercial and Industrial [)iethotu. One-way driveways within the front yard
area shall have minimum width offourteen (14) feet and a maximum width of twenty (2O)
feet. Two-way driveways within the front yard area shall have a minimum width of twenty-four
(24) feet and e maximum width of thirty-five /35\feet.
Paved Areas. Paved areas may be improved with impervious materials including, but not
limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other
permanent hardscape. No decomposed granite, gravel, or other loose materials shall be
allowed. Unimproved and/or unpaved portions of the front yard setback area in residential
districts or front yards in commercial or industrial districts shall be improved and maintained
with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf
maintained in accordance with the Synthetic Turf Standards and subject to the approval of
the Community Development Director.
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9268 ~ OFF-STREET LOADING SPACE REQUIREMENTS
Page &0ofl34
a Number of Loading Spaces Required. Off-street loading spaces shall be provided as
identified in Table 4, below:
TABLE 4 REQUIRED LOADING SPACES
Type of Land Use T
Total Gross Floor Area L
Loading Spaces Required
Industrial, manufacturing, research 5
5,000 to 19,999 sq. ft. I
I
20,000 to 39,999, sq. ft. 2
2
80,000 sq. ft. and over 4
4 ptus 1 space for each additional,
Office, hotels, hospitals and other 5
5,000 to 49,999 sq. ft 1
1
50,000 to 99,999 sq. ft. 2
2
100, 000 sq. ft. and over 3
3
Retail stores, restaurants and other 5
5,000 to 14,9K9 i7q7. ft. 1
1
15,000 to 44,999 sq. ft 2
2
45,000 sq. ft. and over 3
3
The number ofloading spaces required ia based on the total gross floor area ofthe
entire center. Requirements for uses not specifically listed shall be determined by the
Community Development Director based upon the requirements for comparable uses
and upon the particular characteristics nf the proposed use.
b Standards For Off-Street Loading Areas. Off-street loading areas shall be provided as
l
Dimensions. The acceptable dimensions of the required loading spaces shall be
determined and approved through the Design Review process.
2. Lighting. Loading areas shall have lighting in compliance with city requirements.
o' Loading Doors and Gates. Loading bays and roll-up doors shall be painted to be
compatible with the color of the exterior structure wall(s) and be located on the rear of
the structure away from public view. Loading bays and doors may be located on the
side of ntruoture, away from o street frontage, vvhena the Community Development
Director determines that the bays, doors, and related tracks can be adequately
screened from view from adjacent streets.
4. Loading Ramps. Plans for loading ramps and/or truck wells shall be accompanied by
a profile drawing showing the ramp, ramp transitions, well, and overhead clearances
when required by the Community Development Director.
5' Location. Loading spaces shall b8 located and designed to:
Ensure that the loading facility is screened from adjacent streets as much as
possible;
Ensure that loading and unloading takes place on-site and innocase within
adjacent public hU or other traffic areas nn-nite;
Ensure that vehicular maneuvers occur on-site; and
o. Avoid adverse noise impacts upon neighboring rea/dSnUa|pnDparbea.
0. Screening. Loading areas abutting residentially zoned parcels shall be screened when
required by the Conn/nun)b/ Development Director.
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7. Striping. Loading areas shall be striped indicating the loading spaces and identifying
the spaces for "loading onk/." The striping ahaUbepormanentlymaintainedbvthe
property owner/tenant ina clear and visible manner at all times.
o Figures.
1 The figures in this Section are a visual representation of the requirements provided in
this Chapter.
A- — A— — —�
1 Minimum vertical clearance height: Seven (7) feet.
2. Minimum vertical clearance height Gt front of space: Four (4) feet.
3. Maximum horizontal distance allowed for Note 2 above: Three (3) feet.
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A. Two-Car Garage
1. Interior width: Twenty (20) feet.
2. Interior length: Twenty (20) feet.
8. Door opening: Sixteen UO\feet.
B. One-car Garage [>r Garage With Separate Openings And Interior Posts
4. Interior width for one-car space: Ten (10)feet.
o. Interior length for one-car space: Twenty (2O)feet.
6. Door opening: Eight (8) feet.
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PARKING STALL DIMENSIONS
STANDA. RD
l. Standard atoU length: Nineteen (19) feet,
2. Standard stall width: Nine (9) feet.
a' Compact stall length: Seventeen (17) feet.
*' Compact stall width: Eight (8) feet.
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SWOLE DRIVE AME
1 . Stall dimensions: Nine (9) feet by nineteen (19) feet.
2• Drive aisles: Twenty-four (24) feet.
3. Parking Bay (inside curbs): Sixty-two (62) feet minimum.
4.
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Driveway in front yard area: CZ4\ feet tn thirty-five (]5) feet.
5. Queuing distance: Twenty (20) feet.
O. Concrete curb: Six (0) inches high bveixK0inchoavvida.
7. Perimeter wall: Six (8) feet eight /8\ inches when adjacent to residential
property oruse,
8. Planters: One (1) tree per every six (6) stalls.
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1. Stall Dimensions: Nine 88 feet bv nineteen MQAfeet.
2. Drive aisles: (24) feet.
3. Tree wells: One U\ tree per every six (8)stalls.
4' Parking bay: (62) feet.
5' Interior circulation: Twenty /20\feet.
b. Driveway in front yard area: /24\ feet to thirty-five (35) feet.
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1. Stall Dimensions: nine (y) feet bv nineteen /19\feet.
2' Drive aisle width:
One-way: Eighteen (18) feet.
Two-way: Twenty-four (24)feet.
3' Tree wells: Every sixth stall.
4. Parking bay depth:
One-way: Sixty (60) feet.
S (66) feet.
5. Interior circulation:
One-way: Twelve (12) feet.
Two-way: Twenty (20) feet.
O' Driveway in front yard area:
(]ne'way: Fourteen U4> feet bz twenty (2�})feet.
Two-way: Twenty-four (24) feet to thirty-five (35) feet.
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1 • Stall length: Twenty-two (22) feet.
2. Stall width - Nine (9) feet.
FIGURE 9 ACCESS TO PARKING SPACES
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Queuing distance: Minimum twenty (20) feet.
FIGURE 10 MINIMUM DRIVEWAY WIDTH FOR GARAGES WITH SHARED DRIVEWAY
1. I I
unveway wiatn: minimum twenty-tive (2b) teet.
(Ord. No, 1354, Sec. fl, 11-4-08)
9269 - DEFINITIONS
The following terms as used in this chapter shall have the respective meanings as set forth
except when the context clearly indicates otherwise.
"Carport." An attached or detached unenclosed structure with a solid roof designed to shelter
motor vehicles.
"Company-Owned Vehicles." Passenger, delivery, and/or other special purpose vehicles
owned and operated by business establishments located at a site.
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"Covered Space.°A parking space located within any approved parking structure
constructed with a solid roof that is designed and used primarily for the sheltering of vehicles.
"Orivevvoy."A paved area ofe lot located between the public i and the garage,
carport, or required parking space designed and intended as an access way between a private or
public road and the garage, carport, or required parking space.
"Floor Area, Gross." The sum of the horizontal areas of each floor of a building, measured
from the exterior faces of the exterior walls or from the centerline of walls separating two (2)
buildings, but not including underground parking, uncovered steps or exterior balconies.
"Garage." A detached, accessory building or a portion of a main building on the same lot as
a dwelling, used primarily for the housing of vehicles of the occupant of the dwelling, having a roof,
and enclosed on at least three (3) sides, with the fourth side being a lockable door.
"Parking Space." Accessible and usable paved area on a building site located off-street and
designed for the parking of vehicles.
"Recreational Vehicle." A motorized or non-motorized vehicle that is intended for human
habitation, recreational use, camping and travel use including but not limited tna motor home,
travel trailer, truck camper, trailer (with or without motive power), all-terrain vehicles, and boats.
"Saat" Furniture nr furnishings designed anduaedhoroitting; eighteen (18)inohesof
continuous bench or bleacher seating shall equal one /1\seat.
"Tandem Parking." Any off-street parking space designed in such a manner that avehicle
properly parked in such space may, by design, hmmitsingress tonregress from such space
blocked byo vehicle properly parked ino contiguous parking space.
Tustin, California, Code of Ordinances >> >> >> PART 7
~ GENERAL REGULATIONS >>
PART 7 - GENERAL REGULATIONS
9270 - REGULATIONS
9271 - SPECIFIC PROVISIONS
9272 - DESIGN REVIEW
9273 - LEGAL NONCONFORNIIING STRUCTURES AND USES
9274 - MULTIPLE DWELLING CONVERSIONS STANDARDS
9275 - REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS
9277 - OUTDOOR RESTAURANT SEATING AREAS
9270~REGULATIONS
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All regulations in this Chapter pertaining to the districts established in Sections 9213a and b
hereof are subject to the general provisions, conditions and exceptions contained in this Part. (Ord.
No. 157, Sec. 5.1\
If any ambiguity arises concerning the appropriate classification of a particular use within the
meaning and intent of this Chapter, or with respect to matters of height, an*anaquinamantsorznne
boundaries as set forth herein, the Planning Commission shall ascertain all pertinent facts and by
resolution set forth its findings and interpretations and thereafter such interpretation aho|| govern,
except if the City Council of Tustin directs the Planning Commission to adopt a different
interpretation. (Ord. No. 157, Sec. 5.2)
b
Uses Permitted Subject to Use Permit
All of the uses listed in this Part, and all matters directly related thereto are declared to be
uses possessing characteristics of such unique and special form as to make impractical their
inclusion in any class of use set forth in the various districts herein defined, and therefore the
authority for and location of the operation of any of the uses designated herein shall be subject to
the issuance of use permit in accordance with the provisions of . In addition to the
criteria for determining whether or not a use permit should be issued as set forth in Section 9293b
hereof, the Planning Commission shall consider the following additional factors to determine that
the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in
surrounding areas. (Ord. No. 157, Sec. 5.3)
(1) Damage nr nuisance from noise, smoke, odor, dust orvibration;
(Z) Hazard from explosion, contamination or fire;
(3) Hazard occasioned by unusual volume or character or traffic or the congregating of a
large number of people orvehicles.
The uses referred to herein are as follows:
(a) Airports and landing fields.
(b) Establishments or enterprise involving large assemblages of people or automobiles as
hzUovva:
(1) Amusement parks and race tracks;
(2) Recreational facilities, privately operated. (Ord. No. 3R2. Sec. 1)
(c) The mining of natural mineral resources, together with the necessary buildings and
appurtenances incident thereto.
(d) Removal or deposit of earth other than in connection with excavations or deposits in
connection with construction of buildings, roadways, or public or home improvements.
(*) Presentation oflive entertainment. /Und. No. 4O6>
M Dish antennae located in residential zones exceeding three (3) feet in diameter and
located other than in rear yard areas obscured from public right-of-way view. (Ord. No.
920. Sec. 2.2-4-85)
(Q) Dish antennae located in all zones other than residential, exceeding three (3) feet in
diameter and not fully screened or otherwise obscured from public right-of-way view.
(Ord. No. 928. Sec. 2.2-4-85)
c
Approval of Temporary Uses
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Temporary uses are typically associated with special aventmorcnmnnnunUveventavvhiohare
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:
Requests for a temporary use ofmore than three CB days but less than thirty (30)
days requires approval ofa 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 (0) days and upto six (6) months require approval ofu
Conditional Use Permit /CUP\bv the Zoning Administrator.
»' Requests for more than six (6) months require approval of a Conditional Use Permit
(CUP) by the Planning Commission.
Any temporary outdoor use involving five hundred (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 through
(O, d, No 362 Sec, 1: Ord No 5OtOrd, No- 136 7, Sac fl, 4-6'/0
Prohibited Uses
Any use that ionot expressly permitted ine district aea permitted use oramaconditionally
permitted use, including a use in a district determined to be similar in character to a particular use
allowed in such district as provided in this Code, shall be deemed a prohibited use and such use
shall not be allowed in such district. (C]nj. No. 1322. Sec. 1,1Z-4-U0}
9271 ~ SPECIFIC PROVISIONS
e
Accessory Buildings, Structures orUses
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 to,
the construction of the main building 0n the same building site. (Ord. No. 157, Sec. 5.4; Ord. No.
b
Public Utilities
Public utility distribution and transmission line towers, poles and underground facilities for
distribution of gas, water, electricity and telephone communications shall be allowed in all districts
without limitation as to height or without obtaining a use permit thereof and the provisions of this
Chapter shall not be construed to limit or interfere with the inmta||ation, maintenance and operation
of public utility pipelines and electric transmission or telephone communication lines when located
in accordance with the applicable rules and regulations of the Public Utilities Commission of the
State of California and within rights-of-way, eoaennants, franchise, or ownership of such public
n
Temporary Real Estate Offices
The following temporary uses shall be permitted in any district:
(1} Model homes and their garages used as offices solely for the first sale of homes
within a subdivision on the following conditions:
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(a) A temporary certificate of use and occupancy shall first be obtained from the
Department of Building and Safety for the use of model homes and their
garages for offices solely for such first sales;
/b\ The use shall ba discontinued at the end of one (1) year from the date ofthe
certificate of use and occupancy;
(c) Provided. however, the Building Official may for good cause, after receipt ofo
certified report from the developer on the number of dwellings sold, extend the
time limit not b] exceed two (2) successive periods of six (6) months each.
/2\ Temporary offices not exceeding four hundred (400) square feet solely for the first
sale of lots within a subdivision on the following conditions:
(a) A temporary Certificate of Use and Occupancy shall first beobtained from the
Department of Building and Safety for the use of the structures for offices solely
for such first sales;
(b) The use shall be discontinued and such offices removed from the premises at
the end of one (1) year from the date of issuances of the Certificate of Use and
Occupancy.
(«) Provided, however, the Building Official may for good cause, after receipt ofa
certified report from the subdivider on the number of lots sold, extend the time
limit not to exceed two (2) successive periods of six (6) months each. (Ord. No.
234, Sec. 1)
d
Height Limits of Towers
Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and
other towers, water tanks, church steeples and similar structures and mechanical appurtenances
are permitted in a district, height limits may be exceeded upon the securing of a Use Permit in each
e
Public and Semi-Public Building Height Lknk
In any district with a height limit of |oan than seventy-five (75) feet public and semi-public
buildings, schools, churches, hospitals and other institutions permitted in such district may be
erected to a height exceeding that herein specified for such dimtdot, provided that the cubical
contents of the building shall not exceed an area equal to the area of the site upon which it is
constructed multiplied by the factor three (3), and provided that the front, rear and side yards shall
be increased one (1) foot for each one (1) foot by which such building exceeds the height limit
herninb*fone established for such district. (Ord. No. 157, Sec. 5.8)
Height Limit in"C"nr"M" Zone
Upon securing a Use Permit any building in any "C" or "M" District may be erected to a
height exceeding that herein specified for such district, provided that the cubical contents of the
building shall not exceed an area equal to the area of the site upon which it is to be constructed
multiplied by the factor five (5). (Ord. No. 157, Sec. 5.9)
g
Repealed. (Ord. No. 157, Sec. 5.10; Ord. Nn. 1354, Sec. U, 11-4-08\
Animal Hospital or Clinic
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One (1) caretaker apartment shall be permitted incidental to an animal hospital. Said
apartment shall be used solely by persons employed in the hospital for caretaker duties. (Ord. No.
34O. Sec. 2)
Small animal hospitals Or clinics shall bn subject t0 additional provisions hereinafter set forth:
U\ All animals shall be kept within an enclosed, air conditioned, soundproof structure.
/2\ Said hospitals or clinics shall bamo designed thotnoodorSviUbediaCennib|obavond
the property lines of the parcel on which it is located. (Ord. No. 352, Sec. 6)
U\
Fences, hedges and walls may be erected in any district, subject ho the following
conditions:
(a) Fences, hedges and walls shall not exceed six feet eight inches (6'8") in height
on or within all rear and side property lines on interior lot lines, and on or to the
rear of all front yard setback lines.
(b) Nu fence, hedge or wall over three CB feet im height shall ba erected inthe
required front yard setback.
(u) No fence, hedge or wall over three (3) feet in height nhaUbeoonstnuctedin:
(1) any required rear orside yard within twenty (20)feet of the intersection
of street or alley hg '
(2) any required rear yard abutting the front yard of an adjoining kd. or
(3) within ten (10) feet ofu driveway ino required side or rear yard
unless approved, in writing, bv the Planning Department.
(d) Fences orstructures exceeding six feet eight inches (8'8") in height to enclose
areas on the near half ofa lot may be erected subject to obtaining a Use Permit
therefor.
(e) The provisions of this Section shall not apply bza fence or wall required bvany
law or regulation of the State of California or any agency thereof orbvany
other ordinance of the City of Tustin, for reasons of public safety. /Ond. No.
353, Sec. 1\
M Repealed. (Ord. Nn. 770. Sec. 8;Ord. No. 1367, Sec. U.4-0-1U)
(2) Walls shall be constructed and maintained on zone boundary lines as follows:
(a) Where any "C", "M", or "Pr" zone abuts upon any residential zone, there shall
be constructed a solid masonry wall, six feet eight inches (6'8") in height on the
zone boundary line.
(b) VVhena any "R-3". "R-4", or "PD" zone abuts upon any Fl-1 zono, there shall be
constructed a solid masonry wall six feet eight inches /6'8"\ in height on the
zone boundary line.
(«) Where any "K8" zone abuts upon any "C}"or"Pr'znne. there shall bo
constructed a solid masonry wall six feet eight inches (0'8") in height on the
zone boundary line.
(d) The aforesaid walls shall be six feet eight inches /6'8"\in height except that
portion of equal depth uf the front yard onthe abutting "F(" classified property
which shall be three (3) feet in height unless greater height is approved in
writing by the Planning Department. ([>rd. No. 353. Sec. 1)
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Provided, however, the C0rnrnundn Development Director may waive ormodify
any wall requirements os specified in this Section where there ioasolid
masonry wall existing immediately adjacent on the contiguous property, upon
finding and requiring that:
i\ An existing vvo|| meets or can be modified to conform to the intent of this
Section; and
ii\ Suitable landscaping can be installed adjacent tUthe existing wall to
supplement and enhance the environmental buffering; and
Protection can b* afforded the existing wall to prevent vehicle damage, if
necessary; and
i«\ Concurrence of the adjacent property owner can be obtained, when
necessary, to modify on existing wall to meet the requirements nfthis
(3) Provided, however, that upon application and proceedings purnuoni to Section 9291,
Use Permit, the Planning Commission may waive ur modify the requirements set forth
herein.
(4) The fences, hedges and walls provided herein shall be measured and constructed
pursuant to development standards of the Building Department. (Ord. No. 353, See. 1)
Architectural Feature Limitations
Architectural features on the main buildings, such as cornices, eaves and canopies may not
extend closer than three (3) feet to any side lot line. Eaves and canopies may extend a maximum of
three (3) feet into the required front yard and no closer than five (5) feet ho any rear lot line.
Fireplaces, not exceeding six (6) feet in breadth, may extend not closer than three (3) feet to any
Repealed. V3nj. No. 33Q; Ord. No. 1354, Sec. U.11'4'08\
Limitations of Porches and Staircases
Open, uncovered, raised porches, landing places or outside stairways may project not closer
than four (4) feet to any side lot line, and not exceeding six (6) feet in breadth, may extend not
closer than three (3) feet to any side lot line. (Ord. No. 157, Sec. 5.13)
m
Official Plan Line for Streets
Whenever an Official Plan Line has been established for any street, required yards shall be
measured from such line and in no case shall the provisions of this Chapter be construed as
permitting any encroachment upon any Official Plan Line. ((]rd. Nu. 157' Sec. 5.14)
n
Accessory Structures
/1)
Accessory structures attached to a main building shall be made structurally a part
thereof, have a common roof with said main building and shall comply in all respects
with the requirements nf this Chapter applicable b3 the main building.
(2) Detached accessory structures shall be separated from all other structures on the
same parcel by a minimum of ten (10) feet.
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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 R-3 or R-4 District no garage, carport, or laundry building openings shall
face on abutting street.
(4) The architectural style of all sides of accessory buildings shall be compatible with the
architectural style of the main buildings.
(5) Detached accessory structures may have a zero-foot side and rear yard property line
setback if abutting an adjoining structure on a separate lot with a zero-foot setback or
if the abutting lot is unimproved. If an adjoining structure on a separate lot is
constructed other than with a zero-foot property line setback, a minimum of three (3)
feet shall be maintained between the structures.
(0) Repealed. (Ord. Nn. 1354, Sec. ||, 11-4-08)
(7) All accessory structures shall be located a minimum of twenty (20) feet from street
rights-of-way; provided, however, that accessory structures abutting a State Highway,
where no access io permitted, may have a zero-foot setback.
(8) Detached accessory structures constructed within five (5) feet of any side or rear
property line in an "R" District shall be enclosed by a solid wall on such side or sides;
provided, however, that garages or carports facing an alley or an access easement,
the right of use of which is dedicated to the subject property, need not be enclosed on
such side or sides constructed within five (5) feet of a side or rear property line if the
minimum backing space is twenty-five (25) feet from the carports or garages to the far
side of the alley or access easement. (Ond. No. 3O5)
n
Svvhnnning Pools
Swimming pools in residential districts shall not be located closer than five (5) feet to any
side or rear lot line, nor within those areas described UVb)o 1Xo).(Ord.
Heater and filter units for swimming pools shall be located in the rear or side yard areas, and
shall be screened from view. (Ord. No. 547)
Any lights used to illuminate any swimming pool shall be so arranged and shaded as to
reflect light away from any adjoining premises. (Ord. No. 770, Sec. 8)
P
Setback Requirements for Lots Developed Prior to Zoning Ordinance
In the Single Family Residential (R-11), Duplex Residential (R-2), and Multiple Family
Residential (R-3) zoning districts, the minimum required side or rear yard setback for side or rear
yard additions to existing structures (not including accessory structures except garages identified in
the City's Historic Resources Survey) that are listed on the City's Historic Resources Survey shall
be the same aothe adjacent elevation of the existing side or rear yard setback of the original
structure if the setback io 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
q
Development ofSubstandard Parcels
Single family dwellings only may be erected on any parcel of land the area of which is less
than the building site area required for the particular district in which said parcel is located, but if,
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any only if, said parcel was in single ownership ot the time ofthe adoption nf this Chapter and said
single ownership was recorded in the Office of the County Recorder of Orange County. No structure
shall be erected on any substandard parcel if said parcel was acquired from the owner or owners of
contiguous property or said contiguous owner's or owners' transferee, after the effective date of this
Chapter. (Ord. NO. 157, Sec. 5.18)
Sideyard Width of Substandard Lots
The width of side yards on single family dwellings constructed pursuant to subsection q
above may be reduced to ten (10) percent of the width of such parcel, but in no case to less than
Location On Front Entrance on Side Lot Line
|n any "R" District, except "R-1", where a dwelling unit ie located ono lot eo 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. /[)rd. No. 157, Soo. 5.20\
Minimum Distances: Dwelling Groups
Dwelling groups shall be constructed so that the following minimum distances are provided:
(1) Minimum of ten (1C) feet between buildings.
(2) Minimum oftwelve (12) feet between side yard line and access side nfsingle nuvv
dwelling groups.
(3) Minimum of thirty (30) feet between access side of the main wall of buildings in double
Building lines are aostated in this Section unless otherwise shown on Zone Map. No building
shall be closer too property line orb} the center line of any street or highway thanUlebu/|dimg|ine
applicable thereto.
Front side or rear yard abutting or street, measured from center line:
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Building Line for SECONDARY
Building Line for PRIMARY
DISTRICT
Front
Side
Rear
Front
Side
Rear
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KJrcL No /57, Sec, 5,22)
Irvine Blvd. Front setback—Ten (1O) feet from hght-of-vvay line. (0rd. No. 2O1)
First Street. Front setback—Ten (10) feet from front property line. From Prospect Avenue to
Westerly City Limits. /Ord. No. 500\
v
Prefix and Suffix to Districts
A numerical prefix and/or suffix may be added to any district. The prefix shall establish the
rnininnurn width for building site measured in feet atthe building setback line; in nnn-naeidonbo{
districts, the numerical suffix shall establish the minimum number ofsquare feet for a building site in
said zone. However, the numerical suffix and building site shall in no case be less than the
rnininnunn lot size established in this Chapter. This section shall not apply to e P-[) District. In
residential diatrioto, the suffix corresponds to the nn/ninnunn lot area required per family unit. ((]rd.
w
Distance Requirements—Single Site: One- and Two-Story
No dwelling or main building one (1) story in height shall be closer than ten (10) feet toany
other dwelling or main building of equal height on the same building site; and no dwelling or main
building two (2) stories in height shall be closer than fifteen (15) feet to any other dwelling or main
building upon the same building site. ((]nd.No. 202, Sec. 2)
x
Highway Dedication and Improvement
No building and no land shall be used for any of the commercial uses permitted in the C-1.0
-2.C-3orM Zones, nor shall any certificate of use and occupancy therefor be issued ��e
Building and Safety Depodnlent,vvhon*the land upon vvhiohsuch building Or land bzb- used for
said uses abuts upon, and the ingress or egress to the said building or land is by way of or into or
upon any existing highway or highways shown on the Master Plan of Streets and Highways,
adopted by the City of Tustin on December 5, 1960, as amended, until and unless the right-of-way
for such highway or highways to the width shown on "Standard Streets and Highways Plans" has
been dedicated to or vested in the City of Tustin, and such right-of-way has been improved by
installation of curbs, gutters, and street drainage, in full compliance with the City of Tustin
Street
Improvement Standards, as amended, nr the owner has dedicated or irrevocably offered t o
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
beinan amount equal tu the estimated cost of the improvement.
Commercial use, as used in this section means any retail, wholesale, or manufacturing
business, the carrying onufanypnofesaion.theopnnaUonofnlobi|ohomeparka,hoto|a.nrony
business, but does not include farming, including all types of agriculture and horticulture, or the
conducting of temporary stands for the sale of agricultural or farming products grown or produced in
the premises as accessory use to the land, or the conducting of any home occupation.
Provided, however, that sidewalks shall not be required in the K4Zone. /{Jnd. No. 293. Sec.
lI3 uY62f.� 02/2//7011
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Criteria for Dish Antenna Installation
Definition: For the purpose of this section, a "dish antenna" is a disc-shaped antenna
either solid or mesh type construction exceeding three (3) feet in diameter, intended
but not limited to the purpose of receiving communications from an orbiting satellite
transmitter.
(2) Location:
(o) Residential zones: A dish antenna installed at ground level in the rear yard and
obscured from public hQht+of^way view is exempt from the requirement ofause
permit. If a useable signal cannot be obtained from a rear yard location, the
dish antenna may be located in the side yard of the property oronabuilding
roof subject tn issuance Ofo use permit.
(b) Nonresidential zones: A dish antenna located at ground level or on a building
roof completely obscured from public right-of-way view is exempt from the
requirement ufa use permit. Those antennas which cannot be obscured ae
determined by City staff are subject to issuance ofa use permit.
/3\ Antenna color compatibility: All dish antennae shall be compatible in color with their
surroundings and not include signage whether manufacturer's name and other
advertising. Antennas shall be painted to match surrounding background if only
partially obscured or to match dominant building color if roof-mounted.
(4) Height limitations
ha\ Residential zones: Dish antennas shall not exceed the maximum building
height limit permitted in the zone if roof-mounted nor exceed ten (10) feet in
height if ground-level mounted.
(b) Nonresidential zones: Dish antennas shall not exceed the maximum building
height limit permitted in the zone if roof-mounted nor exceed fifteen (15) feet in
height ifgnound-|evel-nmounLed.
(5) Building permits: A building permit shall be obtained prior to the installation of any dish
antenna exceeding three (3) feet in diameter. (Ord. No. 926, See. 2, 2-4-85)
Outdoor Vending Activities, Pushcarts, Portable Vending Devices
Consistent with other sections of the Tustin City Code, outdoor vending activities are also
hereby prohibited except as provided herein:
(1) Pushcarts or portable vending devices may operate within the City of Tustin in the
following locations only:
(a) Within any commercial multi-use ormulti-tenant shopping center with more
than thirty thousand (30,000) square feet of leasable floor area or located on a
site greater than one (1) acre in land area, with written consent of the center
owner or agent, upon Planning Commission review and approval of a proposal
subject huthe findings required for approval ofa design review application by
the director Of community development;
(b) At any special event or activity, with limits to the number of pushcarts
conditioned upon the issuance of temporary use permit, by the Director of
Community Development; and
(c) At other appropriate sites, upon issuance of conditional use permit and
design review approval by the Planning Commission.
(2)
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(1)
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Pushcarts or portable vending devices may ba operated Vr used for any outdoor
vending purpose only during the business or operating hours of the shopping center
or special event where located. In centers where one (1) or more businesses operate
on a twenty-four-hour basis, the maximum hours of operation of pushcarts or portable
vending devices shall ba9:0Ue.rn.ho11:OOp.no.
(3) Pushcart or portable vending device operators and pushcart or portable vending
device owners shall have a valid City of Tustin business license, and any necessary
Stat8. County or other City permit required by |avv. and shall operate in eCoondonoe
with regulations pertaining h] those licenses and permits.
(4) Design standards
The following design criteria and standards shall ba considered in the evaluation Vfa
Design Review application for pushcarts 0r other portable vending devices:
(a) Location, number and size, including height;
(b) Design of the pushcart(s) or other portable vending device(s), including color
and signage, which shall be compatible with the design of the shopping center
where the puahcad(e)ielocated;
(c) Ancillary equipment, such os cash register stands and trash receptacles;
(d) Security. The design and location of pushcarts or portable vending devices
shall minimize theft and vandalism.
/5\ One (1) small compact stool or chair may be utilized by the pushcart or portable
vending device operator. The chair or stool shall be placed within four (4) feet of the
pushcart and shall not block the safe passage of pedestrians or vehicles. No
advertising shall be placed on the stool or chair. No additional seating shall be
allowed.
(0) A refuse bin ofa[ least one (1) cubic foot, shall be provided in, onor within three (3)
feet of the punhcart(s)or other portable vendingdevioe(s).
(7) Restrictions:
(a) No noise-making devices shall be used in conjunction vvithpuohcodSnr
portable vending devices.
(b) Pushcarts or portable vending devices shall not be stationed for purposes of
outdoor vending in any location which creates an unreasonable obstruction to
the normal flow of vehicular or pedestrian traffic; or within ten (10) feet ofany
intersection, driveway, or building entrance; or in any space designed for
vehicular parking.
(n) No signs or other advertising devices are permitted beyond those painted on or
affixed to the pushcart, portable vending device or its canopy. Such signs shall
be considered "vehicle eignm", and shall be allowed in accordance with Tustin
City Codes. Electrified or internally illuminated signs shall be prohibited.
(d) Pushcart canopies, awnings or roofs constructed of fabric or other light-
transmitting nlateha|ohmUnCdbebaok|it.
(e) All merchandise shall be maintained on the pushcart or portable vending
aa
Child Care Facilities
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.
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All day care homes are subject to the regulations adopted and enforced bvthe State
Fin* Marshal and Orange County Fir* Authority and must comply with the provisions
of the State Unhbnn Building Code and City of Tustin Building requirements.
Largo family day care homes are also subject to the following provisions:
(o) Prior to commencement of operation of any large family day care home, the
applicant for a permit shall complete and submit an application tothe
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 1 00-foot radius of the exterior property boundary of the proposed day
care home.
(b) Large family day care homes shall be operated ina manner not exceeding the
noise level (n 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.
(o) A permit shall not be granted for a large family day care home that would be
established within three hundred (300) feet of the exterior property boundaries
of any existing licensed large family day care home.
/d\ All property owners within a 1 00-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 b9 notified of the intent to establish such ahome.
/e\ Nn hearing on the application for o permit shall ba held by the Planning
Commission unless a hearing is requested by the applicant or a property owner
within a 100-foot radius of the exterior boundary of the proposed home. If no
hearing is requested, the permit shall be granted if the large family day care
home complies with the provisions of this Code.
(D The play yard of the home must be enclosed by a minimum six-foot high fence
setback from the naqu/n*d front yard.
(Q) 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, aoadopted.
(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 /f said use in
being operated in a manner that may be detrimental to the haa/th, safety or
welfare of the community nr surrounding properties.
2' OayCopeCanbar - purouontbnCaiifonnioHee|thandSafah/Codn
Development Standards:
(a) Maximum height: 30 feet
(b) Minimum building site area: 1O,OOO square feet
(c) Minimum lot width et property line: 1OOfeet
(d) Minimum front, side, and rear yard setback: Same as required for primary uses
in the district
(e)
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Building requirements and indoor and outdoor space required per child are
established by the Building Code and pursuant to California Health and Safety
0
Outdoor play areas shall be screened from surrounding properties by aaix-foot
eight-inch hi henUdvvoUorfence(exneptvvherep|ayareeaabutpub|icperknr
p|avOe|d) /[)rd. No. 1208, Sec. 2, 9-21-08; Ord. NV. 1354, Sec. U. 11-4-08; Ord.
bb
Vending Machines (as defined i
(1)
Recycling facilities or reverse vending machines are subject to the following
provisions:
(a) Established in conjunction vvithaeupennerketinoornp/ionoevvithMhe zoning,
building and fire codes 0f the City ofTustin
(b) Located within 30 feet of the entrance to the supermarket and shall not obstruct
pedestrian mvehicular circulation
\r/ Does not occupy parking spaces required bv the primary use
(d) Occupies no more than 50 square feet of floor space per installation, including
any protective enclosure
(e) Maximum height: 8feet
M Constructed and maintained with durable waterproof and rustproof material
(Q) Clearly marked ho identify the type of material tobe deposited, operating
instructions, and the identity and phone number of the operator or responsible
person to call if the machine iainoperable
/h\ Sign area shall be limited hoa maximum of4 square feet per machine,
exclusive uf operating instructions
(i) Maintained ino clean, litter-free condition ona daily basis
U\
Operating hours shall be at least the operating hours of the supermarket (host
uoe), but may bo24hours
(k) Illuminated to ensure onrnh/rtob|e and safe operation if operating hours are
between dusk and dawn
/|>
Outdoor storage of any kind in prohibited
(2) Vending Machines (Bulk) are subject tn the following provisions:
(o) Established in conjunction with an existing supermarket which is in compliance
with the zoning, building and fino codes of the City of Tustin
(b) No larger than 500 square feet and not occupying any parking spaces required
by the primary use
(n) K4axinnunn height: 10 #aot
(d) Shall not obstruct pedestrian or vehicular circulation, and shall belocated
within 1OU feet of the host use
(e) Minimum setbacks: 10 feet from any property line
(f) Accept only glass, nnete|S, plastic containers, papers and reusable items. Used
motor oil may be accepted with permission of the Orange County Fire Authority
and Health Department
(9) No power-driven processing equipment except for reverse vending machines
shall beused
(h)
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Containers are constructed and maintained with durable waterproof and
rustproof material, secured from unauthorized entry or removal of material and
shall bn0fa capacity sufficient ho accommodate materials collected and
collection schedule
/i) All nacyn|obie material shall be stored internally
U\
Maintained free of litter, pests, vermin and any other undesirable materials at
all times
(k) Not exceed exterior noise levels Of0OdBA
(|}
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
of12:0Oa.nn. and 0:00 a.mm.
(n«) Containers shall be clearly marked to identify the type of material which may be
deposited; the facility shall bo clearly marked Un identify the name and
telephone number nf the facility operator and the hours of operation, and
display a notice stating that no material shall be left outside the recycling
enclosure orcontainers
(n) Bulk vending machines may have informational signs requir*d by State law
pursuant ho Section 9272; other signs including directional signs, beahngno
advertising message, may be installed with the approval of the Community
Development Director pursuant to Design Review if necessary hO
facilitate traffic circulation, or if the facility is not visible from the public right-of-
way
(») Placement of the facility shall not require removal of existing landscaping (Ord.
No. 1240, Sec. 2,8-O-01;Ord. No. 1354, Sec. ||, 11-4-08; Ord. No. 1387. Sec.
oo
Collection Facilities (Lerge) occupying apernlanentbuUdinonrntonnfnznt(aodefinedi
Q�297) 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 0oth[t unless it occupies an existing store front orbuilding
(4) Site shall be maintained free of litter, ponte, 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 OOdBA
(0) 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 Vfthe C'1 Zoning District; and directional aiAno, bearing no advertising
message, may be installed with the approval of the Community Development Director
pursuant to design review' , if necessary, to facilitate traffic circulation or
if the facility ia not visible from the public hght-Of-vvay
htm
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(9) Power-driven processing, including aluminum foil and can compacting, baling, plastic
shredding, ur other light processing activities shall beprohibited
MU\ Tvventv-#zuphour operation is prohibited (Ond. Nn. 1367, Sec. |[4-0-18)
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 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 ur private school, park, p|mygr0und, u|inio, 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, p|aygpnundn, o|ininG, hoapitaie, 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)
(«) Minimum distances between off-site sales establishment and another off-site or
on-site sales establishment, except for restaurant establishments,
inside or outside the City boundaries) shall be computed bv measuring the
distance between the closest exterior structural walls of each use
(d) Specialty stores aa defined i of the Tustin City Code shall be
exempt from minimum distance regulations
(2) C)n'sib* - subject to the fnU0vvinq rnininnurn distance regulations (except for restaurant
establishments):
(a) 1.0OO feet from any residentially zoned nr used property; and 1.U00 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 nr convalescent home
(b) Minimum distances between on-site sales entab|iahmnontS, except for
restaurant establishments, and residentially zoned or used property, churches,
places ofworship, public orprivate schools, parku, 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 G8|oa esbab|iahnnent, except for restaurant establishments, (whether
inside or outside the City boundaries) shall be computed by measuring the
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distance between the closest exterior structural walls of each use (Ord. No.
1367, Sec. II, 4 -6 -10)
(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 6 Off - 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 (50) percent of the total floor
area or any portion of the ground floor area is designated for occupancy by
professional or general offices:
i• Development or construction of professional or general office buildings
would be more compatible with surrounding uses in the area than
permitted retail commercial uses on the subject property.
(c) Development or construction of buildings restricted to a mixture of uses in which the
retail commercial floor area exceeds fifty (50) percent of the total floor area is exempt
from office development use criteria.
(2) Professional and general offices fronting onto Main Street or El 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 200b(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 (50) percent of the total building floor area shall not be
approved unless the approving authority finds, based on supporting
documentation and evidence, that an office use would be more compatible with
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.
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SECTION 9271ff
• ••
• i � i
SECTION 9271 hh
SECTION 9271 ii
EQUIPMENT SCREENING
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The proposed use kstobo located ina multi-tenant retail center and ie
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 ia determined tobe beneficial, complementary, and
compatible with surrounding neighborhood and nearby retail
establishments. (Ord. Nn. 1367. Sec. i|,4-8'1O>
9272 - DESIGN REVIEW
o
Review Required
(1) The City Council finds that poor quality in the exterior design, development and
maintenance of structures, landscaping and general appearance affects the
desirability of the neighborhood andtheVommnnunhvaaovvhoks.andirnpeiredhe
benefits of both potential and existing occupancy of other properties to the detriment
0f the public health, safety, comfort and general welfare.
(2) The City Council further finds that quality evaluations are necessary to fully
accomplish the purpose of regulations designed to control such matters, since such
regulations cannot both allow reasonable latitude for diversity and originality of design
and still be specific enough to control all the aspects of the different uses that can
adversely affect the community.
(3) The Community Development Department is hereby established to accomplish the
above objectives and shall have the following responsibilities:
(o) To provide for the review of building design, site planning and site development
in order to protect the increasing value, standards and importance of land and
development in the City due to the urbanization of Orange County.
(b) To retain and strengthen the unity and order of the visual community.
(c) To ensure that new uses and structures enhance their sites and are
harmonious with the highest standards of improvements in the surrounding
area and total community.
(4) In carrying out the functions of design review, consultant services may be utilized as
budgeted by the City Council. ([>nd.No. 587. Sec. 2)
b
Scope of Jurisdiction
Prior to the issuance of any building permit, including new structures or major extehor
alteration or enlargement of existing structures, building to be relocated, and signs to be
constructed or modified, the Community Development Director shall approve the site plan,
elevations and landscaping for such development. (C>rd. No. 587. Sec. 2)
C
Conditions of Approval
The Community Development Director shall approve the submitted plans if he finds that the
location, size, architectural features and general appearance of the proposed development will not
impair the orderly and harmonious development of the area, the present or future development
therein, the occupancy thereof, or the community as a whole. In making such findings, the Director
shall consider the following items:
/1> Height, bulk and area of buildings.
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Setbacks and site planning.
(3) Exterior materials and colors.
(4) Type and pitch of roofs.
(5) Size and spacing of windows, doors and other openings.
(5) Towers, chimneys, roof structures, flagpoles, radio and television antennas.
(7) Landscaping, parking area design and traffic circulation.
(8) Location, height and standards of exterior illumination.
(10) Location and appearance of equipment located outside of an enclosed structure.
01) Location and method of refuse storage.
(12) Physical relationship of proposed structures to existing structures in the
neighborhood.
(13) Appearance and design relationship of proposed structures to existing structures and
possible future structures in the neighborhood and public thoroughfares.
(14) Proposed signing.
(15) Development guidelines and criteria as adopted by the City Council.
d
Procedures and Time Limits
(1) The Community Development Department shall review all applications for use permit,
variance and other proceedings subject to public hearing before the Planning
Commission, and shall render to the Planning Commission a report of its review,
observations and recommendation prior to the date of such public hearing.
(2) Pertinent information shall be furnished to the Community Development Department
to enable review and evaluation of proposed developments.
(3) The decision of the Community Development Director in matters of original jurisdiction
and those referred to him by the Planning Commission or City Council shall be final,
unless appealed in writing as herein provided.
(4) Development shall commence within a period of eighteen months, otherwise, a new
evaluation and review shall be required prior to any development.
e
Guiding Principles
Implementation of the development preview process relative to external design shall be
guided by the following principles:
(1) Individual initiative shall be encouraged. Control shall be reduced to the minimum
extent possible, while insuring that the goals stated in this Chapter are achieved to the
fullest possible extent.
(2) Good architectural character is based upon the suitability of a structure for its
purposes, upon the appropriate use of sound materials and upon the principles of
harmony and proportion in the elements of the structure.
(3) Good architectural character is not, in itself, more costly than poor architectural
character and is not dependent upon the particular style of architecture selected.
(4) When considering signs, particular attention shall be given to incorporating the design,
including colors, of the sign into the overall design of the entire development, so as to
achieve homogeneous development.
(5)
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Building to be relocated must be previewed as to their compatibility with neighboring
structures and with existing or proposed structures on the same site. (Ord. No. 587,
Sec. 2)
Appeals
Any person may appeal any decision of the Director of Community Development in
accordance with of this Code. (Ord. No. 050.Sec. 2; (]rd. No. 1366. Sec. 19. 11-17-
g
Appointment of Development preview Board ofAppeals
U)
Number ofmembers
The Development Preview Board of Appeals shall consist of five (5) members
appointed bv the City Council.
/2\ Terms and compensation
Board members shall beappointed for two (2) year terms. Compensation for
attendance at Board meetings shall beonset by the City Council.
(3) Qualifications
Members, insofar as available, shall be selected from at least three (3) of the following
groups:
(a) Licensed architects
(b) Registered landscape architects
(c) Registered civil engineer
kj\ Persons associated with the real estate or building industries having had
demonstrated experience in the visual arts.
(e) Any other group, the selectee from which the City Council at its discretion
determines could significantly contribute to accomplishing the stated goals of
the Development Preview Appeals Board.
(4) (]unrunn
Three members shall constitute e quorum for the conduct ofbusiness.
(5) Officers
A chairman shall be selected by the membership upon call of a Board of Appeals
meeting.
(6) Records
Minutes shall be kept of Board ofAppeals meetings, indicating recommendations 0f
staff, proposals by the applicant, and action taken by the Board in the review of
subject proposals. (Ord. No. 587, Sec. 2}
(a) Except as otherwise provided in this Section, a lawfully established structure or use may be
continued although the particular structure or use does not conform to current applicable
regulations for the district in which the particular structure is located or use is made;
provided, however, no legal nonconforming structure or use of land may be extended to
occupy a greater area of land or structure than is legally authorized at the time the structure
or use first becomes legal nonconforming. If any legal nonconforming structure or use is
discontinued or abandoned, any subsequent use of such land or structure shall conform to
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the regulations specified for the district in which such land or structure iS located. |fno
structural alterations are made therein, a legal nonconforming use may be changed to
another use of the same or more restrictive classification upon the securing of a use permit.
If the legal nonconforming use is replaced by a more restrictive legal nonconforming use, the
occupancy thereafter may not revert to a less restrictive use. If any legal nonconforming use
is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a
period of one (1) year, it shall be conclusively presumed that such use has been abandoned
within the meaning of this Chapter, and all future uses shall comply with the regulations of
the particular district in which the land or structure is located. (Ord. No. 157. sec. 8.1)
(b) U> Any lawfully established structure which is legal nonconforming either in use, design,
or arrangement, shall not be enlarged, extended, reconstructed, or structurally altered,
unless such enlargement, extension, reconstruction or alteration is in compliance with
the rogu|oUnnS set forth in this Chapter for the district in which such structure is
located; provided, however, that any such legal nonconforming structure may be
maintained, repaired or portions thereof replaced, so long as such maintenance,
repairs or replacements do not exceed fifty (50) percent of the structure's assessed
valuation, as shown on the last equalized assessment roll of the City of Tustin.
(2) The Community Development Department of the City of Tustin may send, by first
c|000 and certified rnoi|, return receipt noquaeted, to the current owner orany
nonconforming structure, or of any property upon which any prior nonconforming use
existo, a demand that said owner shall furnish to the City of Tustin o otatennent, under
oath, on a form submitted for said purpose, setting forth the information required
under subsection (b)(3).(C}nd. No. 31U. Sec. 1)
(3) The statement required under subsection (b)(2) shall contain all available evidence
pertaining to the following:
U) as to ntnuntunan on the premises, all structures on the pnanlisoa all available
evidence that: (1) the structures were established consistent with all codes,
regulations and requirements applicable to the premises et the time of
construction, including copies of all permits issued by governmental agencies;
and (2) any enlargement, extension, reconstruction or alteration made to each
structure was made in compliance with the provisions nf the Tustin City Code
that were applicable to the premises at the time of such enlargement,
extension, reconstruction or alteration, or such alteration made the use or
structure more conforming with the rules and regulations of the Tustin City
Code; and (3) each structure has been continuously used and maintained since
establishment; and (4) that any maintenance, repair or replacement of the
structure or portions thereof were consistent with subsection (b)(1), above.
Ui) as to uses at the premises, all available evidence that: (1) at the time the use
was first established, the use was consistent with all codes, regulations and
requirements applicable tothe premises; and (2) the use has been
continuously maintained since established; and (3) that the use has not been
enlarged or extended since the use first became nonconforming.
(4) The statement shall be filed with the Community Development Department of the City
of Tustin within thirty (30) days from the date of such demand. In the event of any
failure to duly file such a statement as herein prOvidod, said structure and use mhoU
conform huall regulations of the zone in which it is located within thirty (30) days after
such failure.
(5) The Director of Community Development shall review the evidence available,
ino|uding, but not limited to, the evidence contained in the statement provided by the
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nvvner, and shaU, within sixty (]0) calendar days of submittal of the owner's atutenlart,
send to the owner a written preliminary determination of conforming or nonconforming
status. The preliminary determination shall include a finding that the available
evidence indicates the use and/or the structure is or is not legal nonconforming. The
burden of proof to establish the lawful and continuing existence of the structure and/or
use at the time the use or structure first became legal nonconforming and for all
periods oftime ae required under this Section rests with the current owner.
(8) The owner or any other individual may, within twenty (20) calendar days of the mailing
of the preliminary determination, request a hearing on the preliminary determination
before the Zoning Administrator bysubmitting avvriMan request identifying the
preliminary determination, and submitting therewith a hearing fee in such amount as
the City Council may establish by resolution. The hearing shall be set within thirty (30)
calendar days and occur within ninety (90) calendar days of the receipt of the request
for hearing, and notice of the hearing shall be mailed at least ten (10) calendar days
prior to the hearing to the owner and to any other individual(s) requesting the hearing.
The owner and each individual requesting the hearing shall have the opportunity to
present evidence and witnesses regarding the nonconforming status. The hearing
may be continued from time to time by the Director. Within thirty (30) calendar days of
the conclusion of the hearing, the Director shall send to the owner and any individual
requesting the hearing a written final determination of conforming or nonconforming
status that shall include a finding that the available evidence indicates the use and/or
the structure ionrio not legal nonconforming. If no hearing is timely requested, the
preliminary determination shall be deemed final.
(7) A final determination bythe Zoning Administrator may be appealed in accordance with
Section 9294
(«) Notwithstanding Sections 9273(a) and 9273(b), legally established structures and uses listed
in the City's Historical Resources Survey may be enlarged, extended, reconstructed, or
structurally altered in accordance with the provisions nf Sections b and 9271 pufthis
Chapter,
(d) A legal nonconforming structure, destroyed to the extent of more than fifty (50) percent of its
replacement value at the time of its destruction by fire, explosion or other casualty or act of
God, may be restored or used only in compliance with the regulations existing in the district
wherein itiGlocated. /()nj. Nn. 310. Sec. 2\
(e) The provisions set forth in (b) and (d), above, shall apply to structures, land and uses which
are, or become, legal nonconforming due to any reclassification of districts under this
Chapter; provided, however, that public uses, public utility buildings and public utility uses
existing at the time of the adoption of this Chapter, or existing at the time of reclassification of
districts, eho|| not beconsidered legal nonconforming. (Ord. No. 319. Sec. 3)
(D Any use of land or structure which is made "nonconforming" either in design or arrangement
due to acquisition of public right-of-way by the City shall be exempt from the provisions of
this section, and any other provision of the Tustin City Code, regulating legal nonconforming
uses or structures, unless it is established by the Community Development Department that
such use or structure creates a nuisance or is a threat to the health, safety, welfare or well-
being oftheonoupontonfthepub|io.((]nd.Nu.1U13.Seo.2.1-3-89)
(Q) Except an provided i Section (d)' following a final nonconformity determination
pursuant to this . all nonconforming structures and/or uses determined not tobe
legal nonconforming shall be illegal, and such structures and/or uses are a public nuisance
that shall either bealtered to conform with all applicable standards and regulations, or shall
be discontinued and removed.
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9274~MULTIPLE DWELLING CONVERSIONS STANDARDS
Conversion Subject to Other Code Provisions
Conversion of multiple dwelling units to condominiums as defined in Section 1350 of the Civil
Code, Community Apartment Projects aad8finedinSeotion110O4oftheBueineasandPnoheoSinnm
Code nr Stock Cooperatives oe defined |n Section 11O03.2nfthe Business and Professions COde�
shall be required to conform and be consistent with the regulations and provisions of the following:
.
(1) Part 9, Administration of this Chapter concerning application for and action on a use
permit.
(2) Chapter 3. Subdivisions of the Tustin City Code.
(3) Section 9224, Planned Development District (P-[}) of Part 2. Residential Districts, of
this Chapter.
(4) The Tustin Area General Plan.
b
Minimum Standards, Fire
(1} Access roadways shall be extended to within two hundred fifty (250) feet of all
portions of the exterior walls of the first story of any building. Where the access
roadway cannot be provided, approved fire protection system or systems shall be
provided as required and approved by the Orange County Fire Marshal. A turn-around
radius of a minimum of thirty-five (35) feet shall be provided when access road
extends over one hundred fifty (150) feet from street with any one point of egress.
(2} An approved water supply capable of supplying required fire flow for fire protection
shall be provided to all premises. When any portion of the building protected is in
excess of one hundred fifty (158) feet from a water supply ono public street, there
shall be provided, when required by the Orange County Fire Marshal, on-site fire
hydrants and rnoine capable of supplying the required fire flow.
(3) Illuminated directional address signs tO be installed at locations determined by the
Orange County Fire Marshal.
c
K8ininnurn 8tandarde, Public Works
Any missing nr damaged street improvements, inouding,butnot|immitedtothefo|k)vvngwW|
be required: Curb and guttar, sidewalk, drive aprons, street lights and street trees. All public
improvements hobe constructed in conjunction vviththedeve|opmnerdeheUberevisedonexisUng
improvement plan by a civil engineer and all public improvements shall be completed prior to final
inspection and release by the Building Department.
d
Minimum Standards, Building
The condominium conversion shall comply with the requirements and intent of the
development regulations and code requirements as adopted by the City of Tustin, including, but not
limited to, the following:
(1) Sound attenuation be provided in a manner specified by an acoustical engineer as
approved bvthe Building Official to satisfy the intent of Chapter 35of the Uniform
Building Code, 1976 Edition, and of California Administrative Code Title 25, Chapter
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1. Subchapter 1 Article 4, Section 1O92.Exterior freeway noise shall be attenuated b}
forty-five /45>dBA inside the units.
(2) Compliance with the security ordinance to provide deadbolt locks, window locks,
security lighting and those other items required by staff to meet the intent of the
ordinance.
(3) One-hour rated fire walls shall be provided between units. Fire detection devices shall
be provided for all unite.
(4) Plans of the existing structures shall be reviewed for code conformance with the
applicable Uniform Building Code under State law. The Building (]ffioia| shall require
improvements, corrections, replacement of detrimental components as determined
necessary. A report shall be submitted by the applicant on general structural
conditions, addressing foundation, framing, interior and exterior wall coverings, roof,
plumbing, electrical wiring, utility connections, built-in household appliances, heating
and cooling systems and sewer evaluation prepared by an independent state licensed
structural engineer, architect or general contractor. Said report shall address condition
and expected remaining useful life of each respective item.
(5) A pest information report addressing the present condition of the structure as it may
be affected by termites, dry rot, roaches, or other insects, and recommending work
nequinyd, if any, to render the structure free of infestation.
e
K4ininnurn Standards, Planning
(1)
Plans and reports shall be submitted on all interior and exterior cosmetic
improvements, new interior amenities and appliances and renovation of common
areas tu current landscaping requirements.
(2) That covered patios, entry ways and roof top recreation patios shall not beconsidered
open space to satisfy provisions ufthe Planned Development (PU) District.
(3) Covenants, conditions, and restrictions shall be submitted for review and approval by
the Community Development Department and City Attorney which shall contain at a
(a) The formation of a "Community Association" to provide for the maintenance of
the common area.
(b) Disclosure of management agreements, maintenance provisions, access for
emergency repairs, easements, etc.
(o) Allocation of off-street parking spaces for residents and guests.
(d) Provisions for establishment ofa maintenance and operating budget.
(4) Tenant relocation/purchase provisions: The applicant shall give written notice to all
tenants ten (10) days prior to the date of all public hearings relating to the
condominium conversion application. All persons who are tenants at the time ofCity
approval of the conversion shall be given a notice of intent to convert of one hundred
twenty (120) days prior to the date of conversion and the right to purchase exercisable
within sixty (60) days in accordance with State |evv. The applicant shall submit
tenant relocation/purchase plan containing at least the following:
(m) Relocation assistance benefits shall be paid to tenants of the development as
of the time of City approval of the conversion and who remain as tenants for
one hundred twenty (12O) days thereafter or until the sooner issuance of
building permits, and to persons who become tenants after City approval and
who have not been given written notice by the developer of the intended
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conversion prior b}b000nningatenantTherokocationausistanoebgnefitohoU
be payable only to such tenants who desire to relocate. The relocation
assistance benefit shall be determined on a per unit basis, to be shared among
the tenants of the unit. The amount of such relocation assistance benefit shall
be equal to twice the last month's rent paid or a minimum amount of seven
hundred fifty dollars ($750.00), whichever is greater, per dwelling unit. Rent
reduction or waiver may be included for consideration. The minimum amount
may be increased from time to time by resolution of the City.
(b) in no event may rents be increased following approval of a tentative map or
use permit without prior City Council approval by resolution or minute order.
(c) A percentage or dollar discount shall be offered tenants desiring to purchase
their unit together with special financing mechanisms or purchase plans.
/d> Provisions for special protection of longer term occupancies or greater cash
assistance shall be available to households of the elderly (sixty (60) years of
age or older), the disabled, as defined in United States Code, Title 42, Section
423, or handicapped persons, as defined in the California Health and Safety
Code, Section 5UU72.
(e) Provisions shall be made for refund of cleaning and security deposits;
additional cash payments for moving or inconvenience expenses (time off from
vvnrk, tronsportoUon, etc.); availability of relocation coordinator; director of
available units or other relocation assistance; and other provisions to assist
tenants in relocation orpurchase.
(O Agreement shall be made that no tenants shall be unreasonably disturbed
during building, remodeling or sales activity, and except in an emergency
situation, shall be granted two (2) days' notice prior to requiring access for
repair, improvements, inspection or showing to prospective purchaser or
mortgagee. Provided further that no tenant shall refuse reasonable access for
such purposes. (0rd. No. 822, Sec. 1.2-19-8O;Ord. No. 872,Sec. 1.8-2-82)
9275~REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE
MATERIALS
The purpose of this subsection is to establish a comprehensive set of regulations and
guidelines regarding areas for collecting and loading recyclable materials in the event that the City
of Tustin discontinues the collection of commingled solid vveote and nenyo|ob|e rnetaha|G for
transportation to a mixed-waste processing or material recovery facility.
b
Definitions
For the purposes of this section, the following words shall have the following meanings:
"Development project" means any of the following:
(1) A project for which a building permit is required for a new commercial, industrial or
institutional building, or residential building having five (5) or more living units where
solid waste in no||out8d and |Oaded, or any residential project where oo|id vvaat8 is
collected and loaded in location serving five (5) ormore living units,
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(2) Any new public facility where solid waste ia collected and loaded and any
improvements to that part of a public facility used for collecting and loading solid
waste.
(3) Any alteration or alterations to on existing commercial, induGtri8|, or public facility
project where the existing floor area of the subject building is expanded by fifty (50)
percent ormore.
"Improvement" means a physical change which adds to the value of a facility, prolongs its
useful life, or adapts it to new uses, excluding repairs. Repairs keep facilities in good operating
condition, do not materially add to the value of the facility, and do not substantially extend the life of
the facility.
"Public facility" means any building, structure, or outdoor recreation area owned byalocal
"Recycling area (areaafor recycling)" means any space allocated for collecting and loading
of recyclable materials.
Auo|icobi/Uv
(1) All areas of the City of Tustin served by the collection of commingled solid waste and
recyclable rnabaho/a for transportation to a mixed-waste pn}oamain0 or nneteho|
recovery facility are exempt from the provisions contained herein.
(2) in the event that the aforementioned exemption does not apply, all development
projects for which a building permit is issued on or after September 1, 1993, shall be
required to provide adequate, anoemaib|e, and convenient recycling areas for
collecting and loading recyclable materials.
(3) Where solid waste is collected and loaded in a location serving five (5) or more
residential living units, recycling areas are only required to serve the needs ofthe
living units which utilize the solid vvamhe collection and loading area.
d
Guidelines
The following guidelines shall be used in evaluating all recycling areas required by this
subsection:
(1) An adequate number and capacity of bins or containers to allow for the collection and
loading of recyclable materials generated by the development shall be located within
the recycling areas of development projects. Oinnenn/0nooftharaovoingareanhaU
accommodate containers consistent with current methods of collection in the area in
which the project is to be located.
(2) The design and construction of recycling areas shall be compatible with surrounding
land uses, structures, topography and vegetation. Developments and public right-of-
way adjacent to recycling areas should be adequately protected against any adverse
impacts such as noise, odor, vectors, or glare through measures including, but not
limited tn maintaining adequate separation, fencing, and landscaping.
(3) Recycling areas shall be enclosed by masonry wall with access gates which
effectively obscures the contents placed within the enclosure.
(4) Recycling areas shall be secured to prevent the theft of recyclable materials by
unauthorized persons, while allowing authorized persons access for disposal of
materials.
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Page 99 of 134
(5) Recycling areas mthe bins or containers placed therein shall provide protection
against adverse environmental conditions which might render the collected materials
unmarketable.
A]\ Driveways or travel aisles shall be unobstructed and provide access for the City's
franchised solid waste hauler's collection vehicles and shall provide minimum
clearance for vehicles utilized by the City's franchised solid vveaha hauler.
(7) The design and construction of recycling areas shall meet all applicable zoning
setback and yard requirements and shall not be located in any area required to be
constructed or maintained unencunobanad, according ho any applicable federal, abato.
or local |avva relating to fine, acomae, building, transportation, circulation, or safety.
(8) Any recycling area(s) shall be located to be convenient to persons who deposit,
collect, and load the recyclable materials. Whenever feasible, areas for collecting and
loading neoyo|ob|e materials should be adjacent to, or developed in conjunction with,
the solid waste collection areas.
(9) A sign clearly identifying all recycling and solid waste collection and loading areas and
the materials accepted therein should be posted adjacent to all points of direct access
to the recycling area.
(10) All areas for loading and collecting recyclable materials are subject tudesign review
by the Community Development Department. ([]rd. No. 1111, Sec. 2,9-7-93)
9276 ~ WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES
Purpose
The purpose of these regulations and guidelines is to regulate the establishment and
modification of all wireless communication facilities outside the public right-of-way and City of Tustin
property, and to protect the public health, safety, aesthetics, and quality of life of Tustin citizens.
The Tustin City Council has found and determined that these regulations and guidelines for wireless
communication facilities are necessary ho attain these objectives.
Definitions
Unless otherwise stated, the following definitions pertain to this Section.
"Antenna" means a device used in communications which transmits or receives radio
"Antenna, dish" means a disk-like antenna used to link communications sites together by
wireless transmission of voice or data; also called microwave antenna, microwave dish antenna, or
satellite dish.
"Antennu, microwave" means a dish antenna.
"Antenna. panel" means on antenna orarray of antennas that are flat and rectangular and
designed to concentrate a radio signal in a particular area. Also referred to as directional antennas.
"Antenna, whip" means an antenna that transmits signals in three hundred sixty (360)
degrees. They are typically cylindrical in shape and are less than six (6) inches in diameter and
measure up to eighteen (18) feet in height. Also called omnidirectional, stick or pipe antennas.
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"Building-mounted" means mounted to the side nfa building orto another structure such as
o water tank, biUboard, church steeple, freestanding sign, etc.
"California Public Utilities Commission (CPUC)" means the governmental agency which
regulates the terms and conditions of public utilities in the State of California.
"Certificate of public convenience and necessity" means a certificate issued by the California
Public Utilities Commission.
"Co-location" means the locating of wireless communications equipment from more than one
provider on a single building-mounted, roof-mounted or ground-mounted wireless communication
"Electromagnetic field" means the local electric and magnetic fields caused by voltage and
the flow of electricity that envelop the space surrounding an electrical conductor.
"Ground mounted" means mounted to a pole, monopole, lattice tower or other freestanding
structure specifically constructed for the purpose of supporting such antenna.
"Lattice tower" means a structure with three (3) or four (4) steel support legs that supports a
variety of antennas. These towers generally range in height from sixty (60) to two hundred (200)
feet and are constructed in areas where great height is needed, microwave antennas are required,
nr where the weather demands a more structurally sound design.
"Major wireless communication facility" means a wireless communication facility that:
(1) Is ground-mounted on property not within the public right-of-way; or
(2) Is building-or roof-mounted and exceeds ten (10) feet in height and does not exceed
the maximum height permitted in the zoning district in which the facility iS located; Or
(3) Is building-or roof-mounted and exceeds the maximum height permitted in the zoning
district in which the facility ia located by maximum often (10) feet.
°W4inioo|y" means a wireless communication facility that meets all nf the following criteria:
(1) Contains a maximum of six (6) whip or panel antennas. Each whip antenna does not
exceed six (6) inches in diameter and four (4) feet in length, Each panel antenna does
not exceed two /2\ square feet in surface area.
(2) Contains a maximum of one microwave antenna no larger than ten (10) square feet in
surface area.
(3) Has an array of antennas less than ten (10) feet inheight.
/4\ !o building-or noof-mounted.
(5) Has a total height that does not exceed the maximum height permitted in the
applicable zoning district in which the facility is located.
"Minor wireless communication fao|it/ means a wireless communication facility that:
(1) Consists ofanniniceU;or
(2) Consists of one nr more stealth antennas mounted Onon existing structure ino
manner that does not extend beyond the height or width of such existing structure.
(3) Consists of building or roof mounted antenna that extends less than ten (10) feet in
height beyond the top ofthe existing structure and does not exceed the maximum
height permitted in the zoning district in which the facility is located.
Municode
Pai�cl0/nfl34
"Monopole" means a structure ofasingle spire used to support antennae and
related equipment.
"Private wireless communication facility" means a wireless communication facility that has
not been granted a certificate of public convenience and necessity ora corporate identification
number by the California Public Utilities Commission.
"Public means and includes all public streets, sidewalks, and utility easements,
now or hereafter owned in fee oreasement by the City of Tustin.
"Public wireless communication facility" means ewireless communication facility that has
been granted a certificate of public convenience and necessity and/or a corporate identification
number bv the CPUC.
"Radiofrequency radiation" means electromagnetic radiation in the portion of the spectrum
from three (3) kilohertz hJ three hundred (30O)gi 8hedz.
"Roof-nlount8d" means mounted above the eavo line ofabuilding.
"Stealth antennas" means antennas and associated hardware that are concealed within or
placed on the surface of an existing structure in a manner that such antennas replicate the features
of the existing building or are integrated into the overall design features of the existing building ao
that they are not readily visible.
"Unionle" means ostructure composed ofa single spire used hosupport antennas and
related equipment that are incorporated into a single vertical element. Also called unicell.
"Wireless communication facility" means any public mprivate structure that supports
antennas (dish, panel, whip, etc.), microwave dishes and other related equipment that sends and/or
receives nadiufneouenoyoigno|e. This includes facilities for personal vvina/ese services as defined in
the Telecommunication Act of 1996, 47 U.S.C. 332(c)(7).
n
Applicability of this Section
(1)
All wireless communication facilities for which applications were approved and/or
building permits issued bvthe Community Development Department onur prior huthe
adoption date of Ordinance No. 1192 shall ba exempt from the regulations and
guidelines contained herein, unless 9276c(2) or 9276c(5) applies.
C2\ All wireless communication facilities for which building permits have expired, and have
not been renewed on or prior to the adoption date of Ordinance No. 1192, shall be
required to comply with the regulations and guidelines contained herein.
(3) All vvire|oea communication facilities to be located within City of Tustin public right-uf-
woyoron property owned by the City Vf Tustin shall beexempt from the regulations
and guidelines contained herein. (Ord. Nn. 1367' Sec. ||^4'O-10\
(4) All satellite dishes ofone (1) meter orless in diameter in residential districts and of
two /2> meters or less in commercial or industrial districts shall be exempt from the
regulations and guidelines contained herein. Dish antennas exceeding three (3) feet
in diameter shall be regulated b y and not by the provisions ofthis
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section. Aa used herein, "dish antenna" includes satellite dishes, multichannel
multipoint distribution service ("MMDS") antennas and television antennas.
(5) All modifications to |mvfu|(y established win*|eaa communication facilities for which
applications for the modifications were submitted on or after the adoption date of
Ordinance No. 1192, shall be required to comply with the regulations and guidelines
contained herein. Modifications to legal nonconforming wireless communication
facilities that are legal nonconforming with respect to any provision of Ordinance No.
1192, must first receive Planning Commission approval of a conditional use permit, as
established bv Tustin City Code . Modifications hn legal nonconforming
wireless communication facilities shall not increase the nonconformities. (Ord. No.
1397. Sec. 7, 11-15-11)
d
Requirement for Conditional Use Permit
The following must first receive Planning Commission approval of a conditional use permit as
established by Tustin City Code Section 9291:
(1) Any major wireless communication facility established or modified in the City of Tustin.
(2) Any minor wireless communication facility established or modified within any City of
Tustin residential zoning district on property that contains any legally established
nonresidential use and n0 legally established residential use.
(3) Any wireless communication facility established or modified in the City of Tustin that
exceeds the maximum height permitted in the zoning district in which the facility is
located.
e
Requirement for Design Review
Design review approval shall berequired prior totheeoteNishnnentornl0dhiootionofony
vinelaem communication fon|Uv in accordance with Tustin City Code . If conditional
use permit and/or a variance is required, the design review authority shall be deferred to the
Planning Commission.
Development Criteria and guidelines for all Wireless Communication Facilities
/1\ Screening criteria and guidelines
(a) Wireless communication facilities shall have subdued colors and nonreflective
materials which blend with surrounding materials and colors.
(b) Wireless communication facilities shall be located in areas that will minimize
their aesthetic intrusion un the surrounding community. Ground-mounted
facilities should only be located in close proximity to existing aboveground
utilities, such as electrical tower or utility (which are not scheduled for eventual
removal or underground ing), light poles, or trees of comparable heights. For
building-mounted facilities, all screening shall be compatible with the existing
architecture, color, texture and/or materials ofthe building.
(2) Site selection order nfpreference
(a) Wireless communication facilities shall ba located inthe following order 0f
preference:
On existing structures such as buildings, communication towers, church
obeepkea, freestanding signs, and/or co-located on existing facilities.
2.
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|n locations where the existing topography, vegetation, buildings, or
other structures provide the greatest amount ofscreening.
3' On vacant ground without significant visual mitigation only in oornnnencia/
and industrial zoning districts,
(b) As part of the application process, applicants for wireless communication
facilities shall be required to provide written documentation demonstrating a
good faith effort in locating facilities in accordance with the site selection order
of preference.
(3) Other criteria and guidelines
/a\ VVine|eoe communications facilities shall not bear any signs or
advertising devices other than certification, warning, orother
required seals oraignage. unless signageis approved by the City
in accordance with the city of Tustin Sign Code.
(b) All accessory equipment associated with the operation ofthe
wireless communication facility shall be located within a bui|dinO,
enclosure, or underground vault that complies with the
development standards of the zoning district in which the
accessory equipment ie located, unless other less obtrusive
alternatives are identified and approved bv the City.
(c) Within ninety (80) days of commencement nfoperations,
applicants for wireless communication activities that are located
within three hundred (3O0) feet of residential areas Vr located on
properties that are zoned residential and developed with a
nonresidential use, may be required to provide a preliminary
report and field report prepared bya qualified engineer that
shows the operation of the facility iein conformance with the
standard established by the American National Standards
Institute (ANSI) and Institute ofElectrical and Electronics
Engineers (|EEE) for safe human exposure hoelectromagnetic
fields (EK8F) and nadi0haquenCy radiation (RFR).
Q
L000tionu| Criteria for All VVina|eme Communication Facilities
(1) Except as permitted c(4).m} wireless communication facility shall b8
established:
(a) On vacant property within any City of Tustin residential zoning district; or
(b) On property that contains any legally established residential use.
(2) Nn major vvire|eeaconnrnunioaUontRci|ih/mhaUbeeatob|ished.
(o) Within any City nf Tustin residential zoning district; or
(b) C)n property that contains any legally established residential use.
(3) A minor wireless communication facility may be established or modified within any
City of Tustin residential zoning district on property that contains any legally
established nonresidential use and no legally established residential use, with the
approval of a conditional use permit by the Planning Commission. Should the property
subsequently be developed with a residential use, the conditional use permit shall
become null and void, and the facility shall beremoved.
h
Additional Looadnna| Guidelines for Major VWnakeGSConlrnunicationFao|itiea
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(1) Providers requesting permission to establish major virokaseoornrnunic3tk]nfeo|itiea
in the City of Tustin shall find sites that are separated from residential areas to the
greatest extent feasible. No major wireless nVnnrnun|oatinn facility should be
established within three hundred (3OO) feet of:
(a) Any City of Tustin residential zone or land use district;
(b) Any legally established residential use.
(2) No major wireless communication facility should boestablished within one hundred
MO0\ feet of any existing, legally established major vinn|eeonnrnnnunicaUonfoc|itv
except when mJ-|uoytod on the s8nnu building or structure.
(3) For the purposes of this ordinance [section], all distances shall be measured in a
straight line without regard to intervening structures, from the nearest point of the
proposed major vvin*|eSaoonnnounioationfaci|itytotheneonomtpnopertv|ineofany
land use, land use district, or zone described in subsection (a) above, or to the
nearest point of another major vvina{easoonnnnuniootionfeoi|itydeSnribedinnuboeutinn
(b).
(4) Major wireless communication facilities should be encouraged to locate and/or co-
|ouateonppopertiHovvhiohare|ooatedvvithin|nduetha|/M\ondP|annadConnrnunity
Industrial (PC-|Nl]) zoning districts.
Height Standards for Major VVinek*seConnrnunicoUonFao|ities
No major wire|oeoonnnnnunioationfoni|hvohaUoxoe8dbvnooneUlanhen/1O\feetdhe
maximum height permitted in the zoning district in which the facility is located.
Monitoring Program
Each wireless communication facility approved subsequent to the adoption of Ordinance No.
11Q2 shall be reviewed by the Community Development Director atthe end of five (5)years and/or
cd annual intervals thereafter from the date nf design revievvand/ornond0on8|usepannitappnoval.
The Director may defer this review to the Planning Commission on a case-by-case basis. The
Director or Planning Commission, as applicable, may recommend a condition of approval to the
Planning Commission or the City Council, respectively, to modify existing conditions or impose new
conditions as part of this review to protect the public health, safety, community aesthetics and
general welfare, which condition shall be subject to the approval of the City Council.
Conditional Use Permit Expiration
Each major winaleouoomnnunioetontmoi}hvoppnzvadaubsoouerdtnthoadoodOnof
Ordinance No. 1192 shall be approved for a period not [o exceed the term uf the lease with the
property owner, including any extension thereof, for the major vvine|eaeoornnnuniuoUnnfad|ity.A
recorded memorandum of lease setting forth the term of the lease shall be submitted to the Director
prior to the issuance of a building permit for the major wireless communication facility. If the lease is
extended or terminated, the operator of the wireless communication facility shall provide notice and
evidence thereof in writing to the Community Development Director no later than five (5) days prior
to the extension or termination of the lease. Upon termination or expiration of the lease, the
conditional use permit for the facility shall become null and void and the facility removed.
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A wireless communication facility iu considered abandoned if itm] longer provides wireless
communication service. If the use of a facility is discontinued for any reason, the operator of the
wireless communication facility shall notify the City of Tustin in writing no later than five (5) days
after the discontinuation ufuse,
Lawfully erected wireless communication facilities that are no longer being used shall be
removed promptly from the premises, and no later than ninety (90) days after the discontinuation of
use. Such removal shall be in accordance with proper health and safety requirements.
A written notice of the determination of abandonment shall be sent or delivered to operator of
the wireless communication facility. The operator shall have thirty (30) days to remove the facility or
provide the Community Development Department with evidence that the use has not been
discontinued. The Planning Commission shall review all evidence and shall determine whether or
not the facility is abandoned. All facility not removed within the required thirty (30) day period shall
be in violation of the Code and operators of the facility and the owners of the property shall be
subject to penalties for violations under the enforcement and penalties provisions of this section.
M
Violation u/PanaUieo
Violations of this ordinance shall constitute a public nuisance and shall also constitute a
misdemeanor punishable by fine or imprisonment or both. Each day the violation continues is
punishable aoa separate offense pursuant to Tustin City Code .
9277~OUTDOOR RESTAURANT SEATING AREAS
a
Purpose
The regulations and requirements of this division one intended to provide for the proper
location and minimum standards for outdoor restaurant seating areas at restaurants in the
commercial areas of the City of Tustin. It shall be unlawful for any person to establish an outdoor
restaurant seating area at any site unless approval has been obtained, consistent with this section.
No person or entity shall operate a restaurant or take-out restaurant which provides an
outdoor restaurant seating area for the purpose of serving food or beverages to customers, without
the prior written approval of the Director of Community Development. Said approval shall be in
addition to any other license or permit required by California Law or the Tustin City Code.
Any person orentity lawfully operating arestaurant with an outdoor restaurant seating area
prior to the effective date Cf this ordinance K]rd. No. 1373] shall not bebound by the terms ofthis
section, unless use of the previously established outdoor restaurant seating area is discontinued for
any reason except pursuant to a valid order of a court of law for a period of twelve (12) months or
more, at which time any subsequent establishment or reestablishment of an outdoor restaurant
seating area at the location oho|| conform to the provisions of this Section.
C
Eligibility
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Approval for an outdoor restaurant seating area shall be granted only 0o the operator ofo
restaurant which is in conformance with the Zoning Code and which holds o valid City Business
License. Written concurrence of the property owner shall also be required. When a restaurant is
proposed to replace a restaurant where outdoor seating had previously been approved pursuant to
this Section, the new restaurant owner or operator may continue to utilize the existing outdoor
seating area without obtaining separate written approval, so long as such owner or operator
submits an agreement to the City to comply with the requirements of this Section and all conditions
of the prior written approval, on a form provided by the Director of Community Development,
executed by the new restaurant owner and the property owner. Notwithstanding the foregoing, if
any portion nf the existing outdoor restaurant seating area is located within a City property, a City
sidewalk or other public hght-nf-vvoy, the new restaurant owner shall enter into a new License
Agreement with the City and comply with the provisions of subsection f. All other pn}pOea|a to
establish a new outdoor seating area or to substantially modify an existing outdoor seating area
shall be accompanied by a complete application for Design Review approval, pursuant to Section\
.9272 of this Code, on a form provided by the Director of Community Development and shall include
each of the following:
U\ A detailed drawing toscale of the proposed site indicating the following: the existing
facade, the points of ingress and egress, the proposed location of the tables, chairs,
serving equipment, p|antere, borders, evvninge, umnbnaUos. border enclosures, or other
facilities to be included in the outdoor restaurant seating area. If the outdoor
restaurant seating area is proposed to be located On City property, a City sidewalk or
other public right-of-way, the drawings must also include the location of existing public
inmpnuvnnnontm, including fina hydrants, street signs, street |ighta, traffic signals, bus
shelters, mail boxes, trees and tree grates, parking meters, planting boxes or planting
areas, fire escapes or other overhead obstructions, and any other public obstruction.
Photographs and/or brochures depicting the chairs, tables, umbrellas and other
private features including lighting shall be included with the site plan.
/2\ A narrative description of the proposal, including the proposed hours of operation, and
any additional information as may be deemed necessary by the Director of
Community Development.
(3) The fee ao may ba established by Resolution nf the Tustin City Council.
d
Location
M) An outdoor restaurant seating area, accessory too permitted or lawfully established
restaurant or take-out restaurant, shall bepermitted with the prior written approval of
the Director of Community Development. In addition, all such outdoor restaurant
seating area shall meet the following design criteria:
(o) The outdoor restaurant seating area may only be established abutting the
primary restaurant business with which the outdoor restaurant seating area is
associated.
(b) An outdoor restaurant seating area shall not be located on City property, a City
sidewalk or other public h0ht-uf-vvay unless o valid License tod000 has been
obtained from the Tustin Public Works C)oportnnont and subject to the
regulations established in this Code.
(o) The outdoor restaurant seating area shall not occupy or interfere with the use
of required parking spaces and drive aisles.
(d) The outdoor restaurant seating area shall not ba located ina required setback
abutting a residential district.
K8uuicode Pu,2ol07nf}34
(2) Any outdoor restaurant seating area located within a perk, golf course, n*cnambon
center, senior center nr other public or quasi-public uao.aamoybedetemninedby the
Director of Community Development, shall not be deemed tObean"outdoor
restaurant seating area" subject to subsection d(l) above.
City approval and continued enjoyment oftheoutdoorreataunantoeetngareash8Ube
subject to the following conditions:
(1) The establishment or expansion uf outdoor restaurant seating areas shall besubject
to the City's Design Revi8vvprOnemain@ooOrd8noe with Section 9272 to ensure
compatibility in color and style with the exterior of the building. The use of compatible
evvninga, unmbreUam, p|antm, and other human scale e|arn*nta is encouraged to
enhance the pedestrian experience.
(2) The applicant shall comply with all applicable federal, ota0B, county and city laws and
regulations, and operation of the outdoor restaurant seating area shall not be
detrimental to the health, safety, or welfare of persons residing or working in the
vicinity.
(J) No outdoor keeping or storage of food or beverages to be served shall be permitted.
No open keeping or storage of used dishes, utensils or food scraps shall be permitted.
Self-closing outside trash containers shall be provided to the satisfaction of the
Community Development Department. All outdoor restaurant seating areas shall be
cleaned ona continual daily basis.
(4) Operation of an outdoor restaurant seating area shall be permitted only at such times
as the main place of business is open, and in no event before 6:00 a.m. and after
11:00 p.m., except when the restaurant outdoor seating area abuts in whole or in part
a residentially used or zoned property, in which case the hours of operation shall be
limited tnnn earlier than 7:OOo.m. and no later than 10:O0p.m.
(5) An outdoor restaurant seating area may have a menu board that does not exceed six
(5) square feet inarea.
(0) C)oono from the main restaurant to the outdoor restaurant nnoUng area shall be self-
closing.
(7) The sale and consumption ofalcoholic beverages in the outdoor restaurant seating
area shall be restricted by and subject to any required State Alcoholic Beverage
Control or other applicable license or permit governing the restaurant. Any outdoor
restaurant seating area where alcoholic beverages are sold or consumed shall be
enclosed by a border and shall be supervised at all times by an employee of the
restaurant. No alcoholic beverages may be removed from the outdoor restaurant
seating area, except hn the interior of the restaurant.
(8) The outdoor restaurant seating area shall comply with all applicable federal, state,
county and city laws and regulations concerning accessibility and nondiscrimination in
the provision of services.
(9} The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or
other required ingress or egress bo any structure or property.
(10) All outdoor restaurant seating areas shall comply with the City's Noise Ordinance.
(11) Live entertainment or amplified music within the outdoor restaurant seating area shall
be accomplished in such a fashion so as to comply with the Tustin City Code and
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City's Noise Ordinance and restrict noise from disturbing other businesses or
residents.
(12) Lighting shall be provided to illuminate the outdoor restaurant seating area.
(13) Violation of any nf the requirements set forth in this Section, or any other conditions
placed on approval of an outdoor seating area by the City of Tustin, shall constitute a
violation of the Tustin City Code, subject to enforcement in any manner authorized by
the Code. In addition, the Director of Community Development is hereby authorized to
suspend or revoke any prior approval of an outdoor restaurant seating area upon
continuous Vr repetitive violation of such requirements orconditions.
Additional Requirements for Outdoor Restaurant Seating Areas Located Within City Property, a
Public Sidewalk, or the Public Right-of-Way
Notwithstanding any other provision of this Code, all or portion of an outdoor restaurant
seating area that satisfies the requirements set forth in subsection e, above, may be located within
City property, a City sidewalk 0rother public right-of-way where the Director Of Public Works
determines, in his or her discretion, that the use is compatible with the intended use of the City
property, o City sidewalk or other public right-of-vvay, subject tn the following conditions:
(1) Arevocatle License Agreement shall b8 obtained from the City of Tustin for any
portion of an outdoor restaurant seating area located on City property, a City sidewalk
nr other public hght-of-vvey. The License Agreement shall be subject tn termination by
the City at any time upon a ten-day prior written notice upon determination of the
Director of Community Development that one (1) or more of the conditions or
provisions of this Section have been violated, or that one (1) or more factors listed in
this Section have changed, or the permitted use is no longer compatible with the
intended use of the City property, a City sidewalk or other public right-of-way. No prior
written notice shall be required to terminate the License Agreement where the Director
of Community Development determines, in his or her discretion, that the continued
use of the City property, a City sidewalk or other public right-of-way for the outdoor
seating area poses an imminent threat tn health nrsafety.
C2\ The use nf public sidewalks or right-of-way for an outdoor restaurant seating area
shall be permitted only when associated with the operation of a licensed restaurant or
take-out restaurant operating on property located adjacent to said right-of-way.
(3) The restaurant operator or property owner shall provide to the City of Tustin, in a form
acceptable tothe City Attorney, the following:
(a) An agreement to indemnify, defend, and hold harmless the City of Tustin and
the Tustin Community Redevelopment Agency, as applicable, for any and all
claims for liability or damages arising from the operation of the outdoor
restaurant seating area; and,
(b) insurance certificates and endorsements evidencing general liability insurance,
workers compensation insurance, and such other insurance, in such amounts
and forms as may be required by the City of Tustin Risk Manager.
(4) In no event shall the placement of furnishings for the outdoor restaurant seating area
or the operation of the outdoor restaurant seating area interfere with the passage of
pedestrian or vehicular traffic, orreduce access b» the public sidewalk to less than
four (4) feet clear of all obstructions, measured from the edge of the sidewalk closest
to the curb (or lampposts, utility boxes, oto.. where such nxist).
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In no event shall the placement of furnishings for the outdoor restaurant seating area
or the operation of the outdoor restaurant seating area obstruct access to any bus
stop, crosswalk, mailbox, curb cut, parking space or any other public property, or
obstruct access to any fire hydrant, fire escape or fire door, or obstruct the clear view
of any traffic signal, regulatory sign or street sign.
(6) The restaurant owner shall be responsible for the maintenance and upkeep of the City
property, a City sidewalk or other public right -of -way used for the outdoor restaurant
seating area and the replacement of damaged public property, including brick pavers.
(7) Except for border enclosures required by State Alcoholic Beverage Control
regulations, furniture and furnishings may not be attached by any means to the City
property, a City sidewalk or other public right -of -way. When notified by the City of
Tustin to do so, the restaurant shall remove all furnishings and obstructions from the
public sidewalk or right -of -way to accommodate special events or to accommodate
the repair or maintenance of City property, sidewalk, or public right -of -way.
(8) Granting of a License by the City pursuant to this subsection f shall be subject to
payment of such fees or compliance with such additional conditions as may be
required by the City Council.
g Appeals
Appeal of any action or decision of the Director of Community Development to grant, deny,
revoke, or suspend approval for an outdoor restaurant seating area pursuant to this Section may be
made by any interested party in the same manner and subject the same procedures as appeal of
action of the Zoning Administrator pursuant to Section 9299.
, rd, Na 1373 Sec, /11, 1_49 - 20101)
927 8 - REASONABLE ACCOMMODATION
a Purpose
It is the policy of the City of Tustin to comply with the federal Fair Housing Amendments Act
of 1988 and the California Fair Employment and Housing Act to provide individuals with disabilities
reasonable accommodation in regulations and procedures to ensure equal access to housing and
to facilitate the development of housing for individuals with disabilities. The purpose of this Chapter
is to establish a process for individuals with disabilities to make requests for reasonable
accommodation when reasonable accommodation is warranted based upon sufficient evidence.
b Applicability; Definition of Individual with a Disability
Reasonable accommodation in the land use and zoning context means providing individuals
with disabilities or developers of housing for people with disabilities, flexibility in the application of
land use, zoning, and building regulations, policies, practices and procedures, or waiver of other
requirements, when reasonable and necessary to eliminate barriers to housing opportunities.
An individual with a disability is defined as any of the following:
1. A person who has a physical or mental impairment that limits one or more major life
activities; or
2. A person who is regarded as having such impairment; or
3. A person(s) with a record of such impairment; or
4. A person with a "disability" as otherwise defined in the federal Americans with
Disabilities Act or the California Fair Employment and Housing Act.
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o Who May Request a Reasonable Accommodation
A request for reasonable accommodation may be made by any individual with a disability, a
parent or legal guardian of a minor with a disability, his or her other legally authorized
pepneeontative, or developer or provider ofhousing for individuals with disabilities, when the
application of a land use, zoning or building regulation, policy, practice or procedure, or other
requirement acts esa barrier tn fair housing opportunities.
Requests for Reasonable Accommodation
Application Process. To make housing available to an individual with a disability, any
eligible person oa defined i may request areasonable
accommodation in land use, zoning and building regulations, policies, practices and
procedure by filing a completed development application form with the Community
Development Department. Along with a completed development application form, the
applicant shall provide the following:
(a) Description of the requested accommodation and the reference of the specific
code(s), regulation(s), policy, practice, or procedure or requirement for which
accommodation ia being requested; and
(b) The basis for the claim that the applicant io considered on individual with a
disability under b. the federal Fair Housing Amendments Act of
1088.or the California Fair Employment and Housing Act; and
(n) Reason that the requested accommodation may be necessary for the individual
(e) with the disability to use and enjoy the dwelling; and
(d) Confirmation that the property is the primary residence of the applicant
(individual with a disability) for which the reasonable accommodation is being
requested; and
(e) Plans and detailed information of any physical improvements to the property
being proposed including photos and supporting information necessary b3
evaluate the requested accommodation; and
/D Additional information as deemed necessary by the Community Development
Department to properly evaluate the proposed request and render a decision.
2. Fees. 4d the time of application submittal, the applicant shall submit a filing fee inthe
amount required for a Minor Amendment application pursuant to the City's current fee
schedule as adopted bv the City Council.
3. Noticing. Requests for reasonable accommodation shall be considered without a
public hearing.
4. Conformance with Existing Codes. The property for which the reasonable
accommodation is being requested shall be in compliance with the codes and
regulations existing at the time of application submittal. The approval body may waive
this requirement if the noncompliance is unrelated to the requested reasonable
accommodation. The granting of any waiver shall not preclude the City from requiring
correction of the existing violations to conform to all applicable codes and regulations.
e
l
Requests for reasonable accommodation shall beconsidered by the Community
Development Director.
2. The Community Development Department shall accept and review each application
for reasonable accommodation and within thirty (30) calendar days of receipt thereof
determine whether the application is complete. If the application is determined to be
complete, the Community Development Director shall issue @ written decision on a
2Wunicnde Page lll of 134
request within fifteen M5\ days 0f the completeness determination date and may
either grant, grant with conditions, or deny a request for reasonable accommodation in
accordance with the required findings set forth i If the application is
determined to be incomplete, the Community Development Department shall promptly
issue a written notice of the additional information necessary to complete the
application.
3. In the event that the applicant also seeks approval of any additional entitlement(s)
along with the request for reasonable accommodation, the approval body for the
entire application, including the request for reasonable accommodation, shall be the
same body that io required tO approve the additional entitlement.
Required Findings and Other Requirements
The decision to grant, grant with conditions, or deny a request for reasonable
accommodation shall be consistent with fair housing laws and based on the following
findings:
(a) The housing, which iu the subject of the request for reasonable
accommodation, will bo occupied as the primary residence bvan individual with
a disability;
(b) The requested accommodation is necessary to make housing available to an
individual with disabilities protected under the fair housing laws;
/u\ The requested accommodation would not impose an undue financial or
administrative burden on the City; and
(d) The requested accommodation would not require a fundamental alteration in
the nature of the City's land use and zoning codes and policies.
2. Other Requirements
An approved reasonable accommodation iaa personal accommodation for the
disabled individual requesting such accommodation and does not run with the land. At
such time that the reasonable accommodation is no longer necessary or the individual
with a disability no longer resides at the property, the property shall be restored to its
previous condition. However, the Community Development Director may determine
that it would be impractical or financially unfeasible to return the property to its
previous condition.
Upon any transfer of ownership of the property, the permittee or current owner shall
notify all interested parties ofthe existence of the reasonable accommodation and the
requirement of restoration of the property to its prior condition. Any request to
maintain an existing reasonable accommodation for use by a different individual with a
disability shall require approval of a new application for reasonable accommodation, A
reasonable accommodation approved at the request of a developer or provider of
housing for individuals with disabilities does not need to be renewed upon transfer of
ownership provided the property will continue to be used and occupied by persons
with the disability or disabilities giving rise to the need for the reasonable
accommodation. The reasonable accommodation may be inspected annually or more
often if necessary by the Community Development Department. A deed restriction
shall be recorded against the property to ensure compliance with conditions of
approval, potential removal of the accommodation, and use restrictions.
Q Appeals
A decision of the Community Development Director shall be final unless appealed in
accordance with Section 9294.
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Any reasonable accommodation granted in accordance with the terms of this chapter shall
be null and void if not used within one (1) year from the date Qfapproval.
Tustin, California, Code of Ordinances >> >> >> PART 8
~(NOT USED AT THIS TIME) >>
PART 8 - (NOT USED AT THIS TIME)
Tustin, California, Code mf Ordinances >> >> >> PART
~ADMlNISTRATION >>
9290 - ZONING PERMITS
9291 - USE PERMITS
9292 - VARIANCES
9293 - PERMITS
19294 - APPEALS
9295 -AMENDMENTS
9296 - NOTICES OF HEARING
9297 - DEFINITIONS
9298 - INTER.P.R.E.T.-ATION AND ENFORCEMENT
9299 - ZONING ADMINISTRATOR
9290 - ZONING PERMITS
Zoning Permits shall be issued in conjunction with and ona part Vf building permits, and shall
be issued by the Building Department of the City only after the Building Official has determined that
any proposed construction is in conformity with the regulations for the district in which it is to be
No building permit shall be issued until the zoning permit portion thereof has been completed
by the Building Official of the City or his authorized representative. (Ord. No. 157, Sec. 7.1)
9291 - USE PERMITS
a
General
Use Permits may be issued oo provided in this Section for any of the uses nrpurpqsesfor
which such permits are required or permitted by the terms of this Chapter upon conditions
designated by the Planning Commission. The Commission may impose such conditions as it deems
necessary to secure the purposes of this Chapter and may require tangible guarantees or evidence
that such conditions are being or will be complied with. Applications for use permits may be
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considered after holding public hearings thereon, as required by law. Notice of such hearings shall
be given to the persons designated endindhemonmerpranorbadinSenUon91SOb.k3rd.No.157.
b
Application
Application for use pennhS shall be made in writing by the owners of the pnoperty, kaaoee,
purchaser in escrow, or optionee, with the consent of the owners, or plaintiff in an action for eminent
domain for acquisition of said pnopadx, on a form prescribed by the Planning Commission. The
application shall be accompanied by a fee of one hundred dollars ($100.00) and plans showing the
details of the proposed use to be made of the land or building. (Ord. No. 451, Sec. 10)
o
Decision of the Planning Commission
Upon receipt of the application for use permit, the Planning Commission shall determine
whether or not the establishment, maintenance or operation of the use applied for will, under the
oirournutonoao of the particular case, be detrimental to the health, oofety, rnora|o, comfort and
general welfare of the persons residing or working in the neighborhood of such proposed use, or
whether it will ba injurious ordeihnoenba|h3prOpedyendirnppovernontaintheneiQhborhnodortha
general welfare of the City. If the Commission finds that the aforementioned conditions will not
result from the particular use applied for, it shall grant the use permit. The granting of a use permit
applied for by the plaintiff in an action in eminent domain to acquire the property shall be
conditioned upon ultimate vesting of title of the property to the plaintiff. (Ord. No. 157, Sec. 7.22)
9292~VARIANCES
e
Basis for Granting
Applications for variances from the strict application of the terms of this Chapter may be
made and variances granted when the following circumstances are found to apply:
(1) That any variance granted shall be subject to such conditions aa will assure that the
adjustment thereby authorized shall not constitute a grant of special privi|ego
inconsistent with the limitations upon other properties in the vicinity and district in
which the subject property iasituated.
(2) That because of special circumstances applicable to subject property, including size,
shape, topography, location or surroundings, the strict application of the Zoning
Ordinance in found to deprive subject property Of privileges enjoyed bvother
properties in the vicinity and under identical zone classification. ((]rd. No. 157' Sec.
b
Variances Not Allowed
The use of lands or buildings not in conformity with the regulations specified for the district in
which such lands or buildings are located may not be allowed by the granting of a variance from the
strict application of the terms of this Chapter. (Ord. No. 157, Sec. 7.31)
Application
Application for variance shall be made in writing bya property owner, lessee, purchaser in
escrow, or optionee with the consent of the owners, or plaintiff in an action for eminent domain for
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acquisition of said property, on a form prescribed by the Planning Commission. They shall be
accompanied bva fee of one hundred twenty-five dollars ($125.O0).a plan of the details ofthe
variance requested, and evidence showing (1) that the granting of the variance will not be contrary
to the intent of this Chapter or to the public safety, health and welfare, and (2) that due to special
conditions or exceptional characteristics of the property, or its location, the strict application of this
Chapter would result in practical difficulties and unnecessary hardship, (Ord. No. 451, Sec. 10)
HSmhnO
Upon receipt of an application for variance, the Planning Commission shall set a date for a
public hearing on said application; said hearing shall bS held within forty-five (45) days after the
filing of the application. Notice of such hearing shall bo given as set forth in8'ct�onQ196b.(Ord.
e
Decision of the Planning Commission
After the conclusion of the public hearing or continuations thereof the Planning Commission
shall grant or deny a permit to modify the application of the restrictions established bv this chophec
The <�omnlismion.if the applicant for the vohmnoeconsents thereto, nnoychange or 'odifvthe
extent of the variance requested but only if such change 0rnnudifioaiion constitutes arno'
restrictive variance than that requested by the applicant. The granting of a variance applied for by
the plaintiff in an action in eminent domain to acquire the property shall be conditioned upon
ultimate vesting of title of the property tn the plaintiff.
9293 - PERMITS
a
Effective Date of a Permit
No use permit force m effect until the applicant
thereofactually nace�eesuch penn�deai nmUngthocondb�nmofUo�auathanyonandsi''odbv
the Secretary of the Planning (�onnrnieginn.No permit ohaUbe issued by the CUvun�|the time � fn'
filing an appeal from decisions of the Planning Commission as provided in Section 9194henenfhaa
expired, or, in the event of such appeal, after the final determination thereof by the City Council.
Length of Permits
Any use permit m variance granted in accordance with the terms of this chapter shall benull
and void if not used within one (1) year from the date of the approval thereof or within any longer
period of time if so designated by the Planning Commission or the City Council. (Ord. No. 157, Sec.
o
Revocation of Permits
Any use permit or variance granted in accordance with the terms of this chapter may be
revoked bv the City Council in the manner hereinafter set forth if any of the conditions nr terms uf
such permits are violated Orif the following findings are made:
(1)
Munioodo Pm�4cl}5ofl34
In connection with use permits: The continuance of the use would be detrimental to
the health, safety, morals, comfort and general welfare of the persons residing or
working in the neighborhood of such use, or would be injurious ordethnnenta|tu
property and improvements in the neighborhood or to the general welfare of the City.
(2) in connection with variances: Continued relief from the strict application of the terms
of this chapter would be contrary to the public interest, safety, health and welfare.
d
Hearing for Revocation ofPermits
Before the Council considers revooaUnnof any permit, the Planning Commission shall hold o
hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance
of such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its
findings and its recommendations onthe revocation to the City Council. ([)rd. No. 157, Sec. 7.6)
*
Subsequent Applications
For a period of one (1) year following the approval, denial or revocation of a discretionary
land use permit, no application for the same or substantially similar discretionary permit for the
Modification of Conditions ofApproval
No request for modifications of any condition of approval relating to any fee, exaction or
dedication of real property imposed on any land use permit or approval shall be accepted after the
final decision on the land use permit or approval unless accompanied by a significant change in the
size or intensity of the proposed project. (Ord. No. 446, Sec. 2, 3-6-95)
9294 - APPEALS
Appeal of Decisions of the Director of Community Development or Zoning Administrator
Any decision uf the Director of Community Development or the Zoning Administrator may be
appealed to the Planning Commission by any person. All appeals shall be filed with the City Clerk
during normal business hours within ten (10) calendar days of the date of the decision and be
accompanied by a deposit or fee as required by City Council resolution or ordinance. All appeals
shall be made in writing and shall specify the decision appealed from, the specific action or relief
sought by the appellant in the appeal, and reasons why the action taken by the Director of
Community Development or the Zoning Administrator should be modified or reversed. Timely filing
of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits
which may have been granted; and neither the applicant nor any enforcing agency may rely upon
the decision, approval, or denial or other action appealed from, until the appeal has been resolved.
A public hearing date shall be set within sixty (60) calendar days of filing of the appeal for Planning
Commission consideration of the matter. The hearing shall be de novo and the Planning
Commission may approve, approve with conditions, or disapprove the matter in accordance with
this Code or remand the matter to the Director of Community Development or the Zoning
Administrator for further proceedings in accordance with directions of the Planning {}onnrniaminn.
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Any decision of the Planning Commission may be appealed to the City Council by any
person. All appeals shall be filed with the City Clerk during normal business hours within ten (10)
calendar days of the date of the decision and accompanied by a deposit or fee as required by City
Council resolution orordinance. All appeals shall be made in writing and shall specify the decision
appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons
why the action taken by the Planning Commission should be modified or reversed. Timely filing of a
written appeal shall automatically stay all actions and put in abeyance all approvals or permits
which may have been granted; and neither the applicant nor any enforcing agency may rely upon
the decision, approval, or denial or other action appealed from, until the appeal has been resolved.
A public hearing date shall be set within sixty (60) calendar days of filing of the appeal for City
Council consideration of the matter. The hearing shall be de novo and the City Council shall
approve, approve with conditions, or disapprove the matter in accordance with this Code or remand
the matter to the Planning Commission for further proceedings in accordance with directions of the
City Council. A decision of the City Council on such appeal shall befinal.
Request for Hearing bva Member of the City Council
In lieu of the provisions of subsection b of this Section, any decision of the Planning
Commission may be set for public hearing at the request of a member of the City Council. A
Request for Hearing shall be filed with the City Clerk during normal business hours within the (10)
calendar days of the date of the decision. The Request for Hearing shall be made in writing and
shall specify the affected decision and the reason for the Request for a Hearing. Timely filing of a
Request for Hearing shall automatically stay all actions and put in abeyance all approvals or permits
which may have been granted; and neither the applicant nor any enforcing agency may rely upon
the decision, approval, or denial or other action appealed from, until the hearing has been
conducted and the City Council takes action on the matter. The City Clerk shall set a public hearing
date within sixty (60) calendar days of filing the Request for Hearing. The hearing shall be de novo
and the City Council may approve, approve with conditions, or disapprove the matter in accordance
with this Code or remand the matter to the Planning Commission for further proceedings in
accordance with directions of the City Council. A decision of the City Council at the conclusion of
hearing pursuant tO this subsection shall be final.
(Drd No /6� Secs, 8t &31- Ord. No 2011, Ord, No, 451. Sec. 10\Un1 No 874 Son 2, 11-1-80; Ord. No, 1366
9295 - AMENDMENTS
a
Definition
Except as otherwise provided in this section, any amendment to this chapter may be initiated
and adopted as other ordinances are amended or adopted. (Ord. No. 157, Sec. 9.1)
b
Type
Any amendment to this chapter which changes any property from one district to another
district, or imposed any regulation upon property not theretofore imposed, or removes or modified
any such regulation, shall be initiated and adopted as hereinafter set forth in this Section. (Ord. No.
Filing Procedure
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Any amendment of the nature specified in hereof may be initiated bv(1) the
filing with the Planning Commission of a resolution of intention of the City Council; (2) passage of a
resolution of intention by the Planning Commission, or (3) filing with the Planning Commission of a
petition of one or more record owners of property which is the subject of the proposed amendment
or their authorized agents, A petition for amendment shall be on a form designated therefor by the
Planning Commission and shall be accompanied by a fee of two hundred fifty dollars ($250.00).
Public Hearing
Upon receipt of petition or resolution of intention of amendment, the Planning Commission
shall set a date for a public hearing thereon, but not later than forty-five (45) days after the receipt
of said petition or resolution. (Ord. No. 157, Sec. 9.4)
e
Notices
If the proposed amendment consists of a change in the boundaries of any district, the
Planning Commission shall give notice of the time and place of such hearing, and the purpose
thereof, in the manner designated in Section 9296b of this Chapter. |f the proposed amendment ieo
matter of general or city-wide scope, notice thereof shall be given as provided in o.
({}rd. No. 150. Sec. 9.5)
Action of Planning Commission
After the close Vf the public hearing nr continuations thereof, the Planning Commission shall
make a report of its findings and its recommendation with respect to the proposed amendment. The
Commission report shall include a list of persons who testified at the hearing, a summary of the
facts adduced at the hearing, the findings of the Commission, and copies of any maps or other data
and/or documentary evidence submitted in connection with the proposed amendment. Copy of such
report and recommendation shall be transmitted to the City Council within ninety (90) days after the
first notice of hearing thereon; provided however, that such time may be extended with the consent
of the City Council or the petitioner for such amendment. In the event the Planning Commission
fails to report to the City Council within the aforesaid ninety (90) days or within the agreed extension
of time, the amendment shall be deemed approved by the Planning Commission. The
recommendations of the Planning Commission on proposed amendments shall be adopted by a
majority of the voting members ofsaid Planning Commission. ([)nd. No. 157' Geo. 9.0)
g
Action of City Council
Upon receipt of the recommendation of the Planning Commission or expiration of the
aforesaid ninety (90) days or agreed upon extended period, the City Council shall hold a public
hearing thereon, giving notice thereof on provided i Section . After the conclusion ofsuch
hearing the City Council may within one (1) year adopt the proposed amendment or any part
thereof set forth in the petition or resolution of intention in such form es the Council deems
9296 - NOTICES OF HEARING
Definition
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Whenever this Chapter prescribes that a public hearing shall be held on the application for
variance or amendments to this Chapter, notice thereof shall be given as provided in this Section.
(Ord. No. 157, Sec. 10.1)
Notice of Hearing
Notices of the public hearings on applications for use variance, appeals and amendments to
this Chapter changing the boundaries of any district shall be given by the body conducting such
hearings in the manner prescribed by Sections 65500 and 65854 of the Government Code of the
State of California. (Ord. No. 303, Sec. 3)
c
Notice of Hearing: Special Hearings
Notices of public hearings on matters other than as specified in Subsection "b" hereof shall
be given by the body conducting such hearing by publication in a newspaper of general circulation
in the City of Tustin, at least ten (10) days before the hearing. (Ord. No. 157, Sec. 10.3)
Notice of Hearing: Failure to Post Notices
Failure to mail or post notices as specified in Subsection "b" hereof shall not invalidate any
proceedings. (Ord. No. 157, Sec. 10.4)
e
Notice of Hearing: Filing of Affidavit
Upon completion of the posting or mailing of the notices provided for in Subsection "b" and
publication of notices as provided in Subsections "b" and "c" hereof, the City Clerk, if the hearing is
held by the Planning Commission, or if the hearing is held by the City Council shall cause an
affidavit of such mailing or publication to be filed in the permanent records of the particular
proceedings to which such notices pertain. (Ord. No. 157, Sec. 10.5)
9297 - DEFINITIONS
"Administrative Office" means an office for the rendering of service or general administration,
but excluding retail sales. (Ord. No. 157, Sec. 11.1)
"Adult Bookstore" shall mean an establishment having as a substantial or significant portion
of its stock in trade, material which is distinguished or characterized by its emphasis on matter
depicting, describing, or related to specified sexual activity or specified anatomical areas, or an
establishment with a segment or section thereof devoted to the sale or display of such material.
(Ord. No. 819, Sec. 1, 2- 19 -80)
"Adult Business" shall mean any business which is conducted exclusively for the patronage
of adults, and as to which minors are specifically excluded from patronage thereat, either by law or
by the operators of such business. "Adult Business" shall also mean and include adult bookstores,
adult theaters, massage parlors, topless dancing, stripping, figure modeling studios, adult motels or
hotels, but shall not include those uses or activities the regulation of which are preempted by state
law. (Ord. No. 819, Sec. 1, 2- 19 -80)
"Adult Hotel /Motel" shall mean a hotel or motel which provides, through closed circuit
television, or other media, material which is distinguished or characterized by the emphasis on
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matter depicting or describing or related hn specified sexual activities nr specified anatomical areas.
"Adult Park" means any mobile home Ortravel trailer park the spaces of which are rented or
leased only to persons having no children under the age of fifteen (15). (Ord. No. 329, Sec. 2)
"Adult Theater" shall mean a theater which presents live entertainment or motion pictures or
videotaped presentations or slide photographs, which are distinguished or characterized by their
emphasis on matter depicting, describing, or related to specified sexual activity or specified
anatomical areas. ([)nd. No. 819, Sec. 1. 2-19-80)
"Alcoholic Beverage Sales Establishment" means any establishment where an alcoholic
beverage is nn|d, ino|uding, but not limited b}. liquor stores, bars, |oungem, restaurants, markets,
rnini-nnarto. gas stations, drive-in dairies, bakeries and florists. ((]nd. No. S2O, Sec. 0.11-18'84)
"Alley" means a public or private way less than thirty (30) feet in width which affords a
secondary means of access bu abutting property. /Ond. No. 157, Sec. 112\
"Alteration means any exterior change or modification requiring a building permit ofany
Designated Cultural Resource or of any property located within a Cultural Resource District. (Ord.
No. 1001, Sec. 3.6-20-88)
"Aoadment" means any building nr portion thereof which is designed endbuilt for occupancy
of three (3) or more families. (Ord. No. 157. Sec. 11.3)
means beer and other malt beverages, carbonated mineral and soda waters, and
similar carbonated soft drinks in liquid form which are intended for human consumption. (Ord. No.
993, Sec. 1,9-8-87)
container" means the individual, separate bottle, can, jar, carton, orother
naooptedo, however denominated, in which o beverage is s0|d, and which is constructed of metal,
glass, or plastic, or other material, or any combination of these materials. "Beverage container"
doeanotinu|udeoupmorothersinoi|aropenur|ooae|yeee|ednaoeptoc|eG./C}nd.Nn.S93.Sen.1.8'
"Block" means all property fronting upon one side of a street between intersecting and
intercepting streets, or between a street and o railroad hQ .vvetenmay,deadendntree[Or
city boundary. An intercepting street shall determine only the boundary of the block on the side of a
street which it intercepts. (C}rd. No. 157. Sec. 11.5)
"Boarding House" means a dwelling other than a hotel or motel, where lodging and/or meals
for three (3)ormore persons ka provided for compensation. (Ord. No. 157, Geo. 11.6; Ord. No.
"Building" means any structure having aroof supported by columns orby walls and designed
for the shelter or housing of any person, animal or chattel. (Ord. No. 157, Sec. 11.7)
"Building, means a subordinate building including shelters or pools, the use nf
which ia incidental ho that nfthe main building Vn the same lot and/or building site. ([)rd. No. 157.
Sec. 11.8)
"BuUding. Main" means a building in which kS conducted the principal use of the lot and/or
building site on which it is situated. (Ord. No. 156, Sec. 11.9)
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"Building Setback Line" means line established to denote the minimum distance e building
may be constructed from a property line or right-of-way line. (Ord, No. 353, Sec. 4)
"Building Site" means a lot 0parcel of land, insingle or joint ownership, and occupied or to
be occupied by a main building and accessory buildings, or by a dwelling group and its accessory
building, together with such open spaces ao are required by the terms of this Chapter and having its
principal frontage on a street, road, highway or waterway. (Ord. No. 157. Sec. 11.10)
"Business, Retail" means any establishment where the retail sale of any article, substance,
or commodity, but not including the sale of lumber or other building materials, or the sale of used or
secondhand goods or materials of any kind. (Ord. No. 157. Sec. 11.11)
"Business, Wholesale" means the wholesale handling of any article, substance or
commodity, but not including the handling of lumber or other building materials or the open storage
or sale of any material or commodity, and not including the processing or manufacture of any
product nr substance. (Ord.No. 157, Sec. 11.12)
means a permanent, roofed structure, used for automobile shelter and automobile
storage, in addition to the lockable storage hereinafter specified. Lockable, usable and accessible
storage space of at least ninety (90) cubic feet shall be provided in all carports. (Ord. No. 304, Sec.
"Certificate of Appropriateness" means an approved certificate issued for the construction,
demolition, alteration, removal, or relocation of any publicly or privately owned Designated Cultural
Reenuroe, or any otructuny, natural feature, or site within o Cultural Resource District. (Ord. No.
1O01. Sec. 3.6-20-88)
"Combining [}iathot means any district in which the general district regulations are combined
with those special districts defined i for the purpose of adding additional special
regulations. (Ord. No. 157, Sec. 11.13)
"ConlnnU±ee" means the Historic Resource Committee. (Ond. No. 1OO1. Sec. 3.8-2O-88;Ord.
"Community Development Director" means the Director of the Community Development
Department or designee. (Ord. No. 1301, § VIII, 9-19-05)
"Consumer" means every person who, for his or her use or consumption, purchases a
beverage in a beverage container from a dealer. "Consumer" includes, but is not limited to, a
lodging, eating, or drinking establishment, and soft drink vending machines. (Ord. No. 993, Sec. 1,
"Convenience Store" means any establishment under fifteen thousand (15,000) square feet
in size where food, beverage, magazine and auto related items, or any combination thereof, are
sold for off-site use and/or consumption. (Ord. No. 981, Sec. 11, 5-4-87)
"Cultural Resource District" means any area containing improvements which have aspecial
character, historical interest nr aesthetic value orwhich represent one (1)ormore architectural
periods or styles h/pioo| to the history of the Citv, and which improvements constitute o distinct
section of the City that has been designated a Cultural Resource District pursuant to
of the Zoning Code. (Ord. No. 1001, Sec. 3. 0-20-88)
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"Day Care Center" - pursuant to California Health and Safety Code defined as any child day
care facility other than a family day care home, and includes infant centers, preschools, extended
day care facilities, and school age child care centers. (Ord. No. 1367, Sec. ii, 4 -6 -10)
"Demolition" means to tear down or demolish. (Ord, No. 1001, Sec. 3, 6-20-88)
"Designated Cultural Resource" means improvements, buildings, structure, signs, features,
sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural, or
historical significance to the residents of the City that has been designated a Cultural Resource by
the City Council. (Ord. No. 1001, Sec. 3, 6- 20 -88)
"Designated Site (Cultural Resource Site)" means a parcel or part thereof on which a cultural
resource is situated, and which has been designated a cultural resource site by the City Council.
(Ord. No. 1001, Sec. 3, 6- 20 -88)
"District" means a portion of the City within which certain uses of land and buildings are
permitted or prohibited and within which certain yards and other open spaces are required and
certain height limits are established for buildings, all as set forth and specified in this Chapter. (Ord.
No. 157, Sec. 11.14)
"Driveway" means a paved area of a lot located between the public right -of -way and the
garage, carport, or required parking space designed and intended as an access way between a
private or public road and the garage, carport, or required parking space. (Ord. No. 1240, Sec. 2, 8-
6-01)
"Dwelling" means a building or portion thereof designed for residential occupancy. (Ord. No.
157, Sec. 11.15; Ord. No. 1225, Sec. IV, 1- 17 -00)
"Dwelling, Single - Family" means a building designed for, or used to house not more than one
(1) family, including all necessary employees of such family. (Ord. No. 157, Sec. 11. 16)
"Dwelling, Two - Family" or "Duplex" means a building containing not more than two (2)
kitchens, designed and /or used to house not more than two (2) families, living independently of
each other, including all necessary employees of each such family. (Ord. No. 157, Sec. 11.17)
"Dwelling, Multiple" means a building, or portion thereof, used and designed as a residence
for three (3) or more families living independently of each other and doing their own cooking in said
building, including apartment houses, apartment hotels and flats, but not including motels,
boardinghouses, and hotels. (Ord. No. 157, Sec. 11.18)
"Dwelling Groups" means a group of two (2) or more detached one - family, two- family, or
multiple dwellings occupying a parcel of land in one (1) ownership and having any yard or court in
common, but not including automobile courts. (Ord. No. 175, Sec. 9)
"Exterior Architectural Feature" means the architectural elements embodying style, design,
general arrangement and components of all of the outer surfaces of an improvement, including, but
not limited to, the kind, color and texture of the building materials and the type and style of all
windows, doors, lights, signs and other fixtures appurtenant to such improvement. (Ord. No. 1001,
Sec. 3, 6- 20 -88)
"Family" means an individual or two (2) or more persons living together as a single
housekeeping unit in a dwelling unit. (Ord. No. 157, Sec. 11. 20; Ord. No. 1225, Sec. IV, 1- 17 -00)
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"Family Park" means any mobile home or travel trailer park, the spaces of which are rented
or leased without restriction upon the ages of the children or occupants. (Ord. No. 329, Sec. 2)
"Fence" means any structural device forming o physical barrier by means of hedge, wood,
mesh, metal, chain, brick, stake, plastic or other similar materials. (Ord. No. 157, Sec. 11.21)
"Figure Modeling Studio" shall mean any establishment in which models pose while exposing
specified anatomical areas. k]rd. Nu. 819, Sec. 1.2-13-80\
"Garage, Private" means a detached, accessory building, or a portion of a main building on
the same lot as a dwelling, used primarily for the housing of vehicles of the occupant of the
dwelling, having a roof, and enclosed on at least three (3) sides, with the fourth side being a
lockable door, with not less than ten feet by twenty feet (10' x 20') clear and unobstructed inaide
dimensions, and which shall be permanently maintained as a parking accommodation. (Ord. No.
"General Office" means an office for the conduct of any of the following uses or uses
determined by the ConnnnunUv Development Director and/or the Planning Commission to be ai/nibur
accountants, advertising agency, contractors and building consultants, drafting, economic
consultant, escrow, insurance, public utility office (not including corporate yards), real estate offices.
means detached living quarters of@ permanent type of construction and
without kitchens or cooking facilities and where no compensation in any form is received orpaid.
"Height of Building" means the vertical distance from the average level of the highest end
lowest point of that portion of the lot covered bv the building to the topmost point ofthe roof. /Ord.
"Home Occupation" means on occupation carried onwholly within adwelling byonoccupant
of the dwelling, as a secondary use, in connection with which there is: No person employed who is
not a resident of the premises, no exterior display, no stock-in-trade or commodity sold upon the
prernines, no mechanical or electrical equipment used except such as is customary for
housekeeping purposes, no outside operations or storage, no alteration of the residential
appearance of the hea|th, safety or welfare of the general public, or which emits onnmk8, dunt,
fumes, odona, vibrationa, glare or electrical disturbances onto any other prernioeo, no activity which
generates excessive pedestrian traffic or vehicular traffic or parking in excess of that otherwise
normally found inthe zone, no parking nr use made of any vehicle over three-fourths ton carrying
capacity, no parking in the front yard, driveway or immediately adjacent to the premises of any
vehicle bearing any sign, identification or advertisement of the home occupation. (Ord. No. 330,
"Improvement" means any building, structure, parking facility, fence, gate, wall, landscaping
requiring abuilding permit constituting G physical betterment of real property, orany part of such
"Junk Yard" means more than one hundred (100) square feet of the area of any lot used for
the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling
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or "wrecking" of automobiles or other vehicles or machinery, whether for sale or storage. (Ord.
No.157, Sec. 11.27)
"Kennel" means any lot or premises on which more than three (3) dogs, cats or similar small
animals, more than three (3) months of age are kept, boarded, or trained, whether in special
buildings or not. (Ord. No. 352, Sec. 1)
"Large Family Day Care Home" pursuant to California Health and Safety Code definition and
the development standards in TCC Section 9271 aa. (Ord. No. 911, Sec. 7, 5- 21 -84; Ord. No. 1367,
Sec. II, 4 -6 -10)
"Legal Nonconforming" shall mean a use or structure, whenever established, that was
lawfully established and continuously used or occupied under previous regulations, standards,
and /or requirements but that does not meet existing zoning codes, regulations, and /or standards.
(Ord. No. 1397, Sec. 8, 11- 15 -11)
"Lot"—See Building Site. (Ord. No. 157, Sec. 11.28)
"Lot Front" means the narrowest dimension of a lot fronting on a street. (Ord. No. 157, Sec.
11.29)
"Lot Line" means a line separating the frontage from a street; the side from a street or
adjoining property; the rear from an alley or street, or adjoining property. (Ord. No. 157, Sec. 11.31)
"Lot, Through" means a lot having frontage on two (2) parallel or approximately parallel
streets. (Ord. No. 157, Sec. 11.32)
"Lot Side" means any lot boundary not a front or rear lot line. (Ord. No. 157, Sec. 11.30)
"Material" relative to adult businesses shall mean and include, but not be limited to,
accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures,
videotapes, and pamphlets, or any combination thereof. (Ord. No. 819, Sec. 1, 2- 19 -80)
"Massage Establishment" shall be defined as set forth in Section 3141 of the Tustin City
Code. (Ord. No. 1367, Sec. 11, 4 -6 -10; Ord. No. 1380, Sec. VI, 6- 15 -10)
"Mobile Home" means a vehicle, other than a motor vehicle, designed for human habitation,
for carrying persons and property on its own structure, for being drawn by a motor vehicle. (Ord.
No. 329, Sec. 2)
"Mobile Home Park" means any area or tract of land where one (1) or more mobile home lots
are rented or leased or held out for rent or lease to accommodate mobile homes used for human
habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it
occupies. (Ord. No. 329, Sec. 2)
"Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the
Department of Motor Vehicles, which is used for the collection of recyclable materials. A Mobile
Recycling Center also means the bins, boxes or containers transported by trucks, vans, or trailers,
and used for the collection of recyclable materials. (Ord. No. 993, Sec. 1, 9 -8 -87)
"Motel" or "Hotel' means a single building or group of detached buildings, containing guest
rooms or apartments, with automobile storage space provided on the site for such rooms or
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apartments provided in connection therewith, which group is designed and used primarily for the
accommodation of transient automobile travelers. (Ord. No. 157, Sec. 11.4)
"Nonconforming Use" means ouse that does not conform to the regulations for the district in
which itia situated. (Ord. No. 157. Sec. 11.33)
"Official Plan Line" means a line established to denote the ultimate i of street.
"Parking Space" means accessible and usable space on a building site, at least nine feet by
twenty feet (9' x 20') for open parking and ten feet by twenty feet (10' x 20') clear and unobstructed
inside dimensions for covered parking, located off the street and for the parking of automobiles. Not
less than two (2) parking spaces per dwelling unit shall be provided and permanently maintained as
parking accommodation, one of which must be covered. Parking not otherwise required to be in a
garage or carport must be located on a paved area on the same lot or parcel of land or contiguous
thereto. (C)rd. Nn. 733` Sec. 8)
"Paved Area" means an area of any required yard which is constructed with impervious
materials which either results in an increase in the amount of storm water run-off into public at0mn
drainage facilities or hinders natural percolation of storm water on the subject property. /C}nd. No.
1240, Sec. 2.8-6-01\
"Person" includes any individual, city, county, or city and county; partnerships, corporations,
cooperatives, association, trust or any other legal entities, including the Federal Government. (Ord.
"Portable Vending Device" means any stand, enclosure, booth, kiosk, instrument or
mechanism intended to be temporarily used to display, distribute or sell food, beverage, product to
"Pmcessor" means any person, including a scrap dealer, certified by the State Department of
Conservation who purchases empty aluminum beverage containers, nona|urninurn metal beverage
containers. glass beverage containers, plastic beverage containers, or any other beverage
containers, including any one (1) or more of those beverage containers, which have a redemption
value established pursuant to this division, from recycling center in this state for recycling or, if the
container is not recyclable, not for recycling, and who cancels, or who certifies to the department in
a form prescribed by the Department of Conservation of, the redemption value and redemption
bonus of these empty beverage containers by processing empty beverage containers, in any
manner which the department may prescribe. However, the department shall not take any action
regulating scrap dealers or recycling centers who are processors or recycling centers unless
authorized by and pursuant to the goals nf this division. ([)md. No. S93. Sec. 1.9-8-87)
"Professional Office" means an office for the conduct of any of the following uses or uses
determined by the CVnomnunKv Development Director and/or the Planning Cornnnioni0n to be similar:
architect, attorney, chiropractor, dentist, designer, doctor, draftsman, engineer, land planner,
ophthalmologist or optometrist, podiatrist, surveyor, physician, surgeon, or any others licensed by
the State of California to practice the healing arts, including clinics for out-patients only. (Ord. Nn.
"Pushcart" means any wagon, cart, or similar wheeled container, which is not a "vehicle", as
defined in the Vehicle Code uf the State nf California, from which food, beverage, or product is
displayed, distributed or offered for sale to the public. (Ord. No. 1123, Sec. 2, 6-6-94)
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"Pushcart or Portable Vending Device Operator" means any person, firm, partnership,
association, corporation, stockholder, including, but not limited to, owners, operators, lessors and
lessees, who operate a pushcart or portable vending device for the purpose of vending food,
beverage, nr product therefrom. (Ord. No. 1123. Sec. 2.8-0'94)
"Pushcart or Portable Vending Device Owner" means any person aa defined herein owning
nr controlling one (1)or more pushcarts and who:
(1) Conducts or permits or causes the operation of such pushcart(s) or portable vending
devica(8) for vending food, beverage orproduct;
(2) Owns, operates, controls, manages, or leases such pushcart(s) or portable vending
device(S);or
(3) Contracts with persons to vend food, beverage or product from such pushcart(s) or
portable vending devioe(s)./C}nj. No. 1123,Sec. 2.1_33-0-94\
"Recyclable Material" iereusable nnaheho|, including but not limited tometals, g|uSe, plastic
and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using
the altered form. Recyclable material does not include refuse orhazardous materials. Recyclable
material may include used motor oil collected and transported in accordance with Sections
25250.11 and 25143.2(b)(4) of the California Health and Safety Code and Orange County Fire and
Health Departments. (Ond. No. 893.Sec. 1.Q-8-87)
"Recycle," " .""Recvoing"or" bke"nneanethereuseorrefi0ngofempty
beverage containers or the process of sorting, cleansing, treating, and reconstituting empty
postfilled beverage containers for the purpose of using the altered form. "Recycle," "recycled,"
^raoyc|ing""racyo|ab|e," does not include merely sorting, shredding, athpping, compressing, storing,
|andfi||inQ vvith, or disposing of an empty beverage container. (Ord. NO. 993. Sec. 1. 9-8-87)
"Recycling Facility" isacenter for the collection of recyclable materials. A recycling facility
does not include storage containers or processing activity located on the premises of a residential,
commercial, or manufacturing use and used solely for the recycling of material generated by that
residential property, business nrmanufacturer. Recycling facilities include the following:
A "Certified Recycling Facility" means a recycling facility certified by the California
Department of Conservation as meeting the requirements of the California Beverage
Container Recycling and Litter Reduction Act of1RB0.
A "Collection Facility" is a center for the acceptance, by donation, redemption, or purchase,
of recyclable materials from the public. Such a facility does not use power-driven processing
equipment except as indicated in Section 4 Criteria and Standards. Collection Facilities may
include the following:
l Reverse Vending Machines which occupy an area of not more than fifty (50) square
feet.
2. Bulk reverse vending machines occupying no more than five hundred (500) square
feet.
3. Large collection facilities which occupy a permanent building or store front. (Ord. No.
993, Sec. 1.9-8-87\
"Redemption" and "Fedeem" means the return toarecycling center ofenempty beverage
container for a refund of at least the redemption value and any applicable redemption bonus.
"Rest Home" means any premises licensed under Section 2300 of the Welfare and
Institutions Code of the State of California. (Ord. No. 157, Sec. 11 37)
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"Rooming Houoe"--SeeBoarding House. (C)nd. NO. 157, Sec. 11.38)
"Sanitarium" means a health station or retreat or other place where patients are housed, and
where treatment is given, but excluding mental institutions or institutions for treatment of persons
addicted to the use of drugs. (C>rd. No. 157. Sec. 11.3S)
"Second Residential Unit" means e building or portion thereof designed fornesidentia|
occupancy on a lot developed with a legal conforming single-family dwelling. (Ord. No. 1271, Sec.
V1||,0-2-U3)
"Service Station" means an occupancy which provides for the servicing of motor vehicles
and operations incidental thereto, limited to the nabai} sale of petroleum products and automotive
accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and
repairing (excluding recapping); battery service, charging and replacement, not including repair and
rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of
accessories; also including the following operations if conducted within a building; lubrication of
motor vehicles; brake servicing (irnihod to servicing and replacement Dfbrake cylinders and brake
shoes; wheel balancing; the testing, adjustment, and replacement of carburetors, coils, condensers,
distributor caps, fan be|te, fi|tere, generators, points, rotors, spark p|ugo, voltage regu|etors, water
and fuel pumps, water hoses and wiring. ((]rd. No. 157. Sec. 11.4U)
"Setback Lines" means a line established by this Chapter to govern the placement of
buildings or structures with respect to lot lines, streets oralleys. ({)rd. No. 157, Sec. 1141)
"Side and Front of Corner Lots" means the narrowest frontage ofa corner lot facing the
street is the front, and the longest frontage facing the intersecting street is the side, irrespective of
the direction in which the dwelling faces. (Ord. No. 157. Sec. 11.42\
"Signs" means any advertising display orstructure. (Ord. No. 157, Sec. 11.43)
"Small Animal Hospital or Clinic" means a place where small animals, such as dogs, cats,
birds, and the like, are given medical or surgical treatment. (Ord. No. 352, Soo 2)
"Small Family Day Care Home" pursuant to California Health and Safety Code definition and
the applicable development standards in TCC Section 9271aa. (Ord. Nn. 1387. Sao. ||, 4-0-10\
"Special Event" means any commercial, civic, pathotic, ne|iginus, ou|iuna|, community or
political event taking place on a specific date or dates or other such occurrence as determined by
the Director of Community Development. (Ord. Nn. 1123, Sec. 2. 0-6-94)
"Specialty Store" means a market or retail store other than convenience stores with fewer
than 3,500 square feet in gross floor area with limited hours of operation, located in a retail center
with more than three (3) retail tenants, that offers a combination of unique foods and beverages not
commonly found in convenience or food markets or other retail stores for off-site use or
consumption and where alcoholic beverage sales are incidental with no more than fifteen (15)
square feet of the retail floor devoted to display of non-refrigerated alcoholic beverage sales for off-
site oonaumption8ndnoea|eanfnahigereteda|ooho|iCbeveneg8S.({Jnd.No.1237.SeC.2,O-4'O1)
"Specified Anatomical Areas" shall mean:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic regions;
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(b) Buttock; and
(«) Female breast below e point immediately above the top of the aroo|o;and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely
"Specified Sexual Activities" shall mean:
(1) Human genitals ina state of sexual stimulation or arousal; and/or
(2) Acts of human masturbation, sexual stimulation or arousal; and/or
C8 Fondling or other erotic touching of human genitals, pubic region, buttock, or female
"Street" means a public thoroughfare accepted by the City of Tustin, which affords principal
means of access to abutting property, including avenue, place, way, drive, lane, boulevard,
highway, road and any other thoroughfare except an alley as defined herein. (Ord. No. 157, Sec.
"Street Line" means the boundary between street i and property. (Ord. No. 157.
Sec. 11.45)
"Structure" means anything constructed or erected, the use of which requires location on or
in the ground, or attachment to something having location on the ground, including swimming pools,
excluding driveways, patios or parking spaces. (C}rd. No. 157. Sec. 1148)
"Structural Alterations" means any change in the supporting members of a structure, such as
bearing walls, columns, beams or girders. (Ord. No. 157, Sec. 11.47)
"Supermarket" means a full-line, self-service retail store with gross annual sales of two
million dollars ($2,000.000.00) or more, and which aaUa a line of dry gnzoery, canned foods, or
nonfood items and some perishable items. (Ord. No. 993, Sec. 1, 9-8-87)
"Travel Trailer" means a vehicle, other than a motor vehicle, which is designed nrused for
human habitation, and for travel or recreational purposes, which does not at any time exceed eight
(8) feet in width and forty (40) feet in length and which may be moved upon a public highway
without a special permit or chauffeur's license, or both, without violating any provision of the Vehicle
"Travel Trailer Park" means any area or tract of land oro separate designated meotonvvithin
a mobile home park where one (1)ormore lots are rented or leased or held out for rent or lease bo
owners or users of travel trailers or camp cars used for travel or recreational purposes. (Ord. No.
"UnUt" means any building designed orueedforthosheKerorhouaingofon*(1)ornlona
persons, and shall include apartments. (C}nd. No. 70O. Sec. 4.2-2O-79)
"Use" means the purpose for which land ora building iedesigned, arranged, or intended or
for which either land or building isormay be occupied or maintained. (Ord. No. 157. Sec. 11.49)
"Use, Accessory" means a use incidental or subordinate to, and devoted exclusively to the
main use ofo lot oro building |no@t8d on the same |0t. (Ord. No. 157, Sec. 11.50)
"Vend" or "Vending" means offering food, beverage, or product of any kind for outdoor sale
on any publicly or privately owned sid*vvo|k, drive aia|e, otraet, a|ley, oruneno|ns8d place open to
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the public, including the movement or standing of a pushcart or portable vending device for the
purpose of searching for, obtaining or soliciting retail sales ofproducts. (Ord. No. 1123, Sec. 2.0-0-
"Vending Machines":
A "Reverse Vending Machine" is an automated mechanical device which accepts at least
one (1) or more types of empty beverage containers including, but not limited to aluminum
cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a
value not less than the container's redemption value as determined by the State. A Reverse
Vending Machine may sort and process containers mechanically provided that the entire
process is enclosed within the machine. (In order to accept and temporarily store all three (3)
container types in a proportion commensurate with their relative redemption rates, and to
meet the requirements of certification as a recycling facility, multiple grouping of Reverse
Vending Machines may beneoenoory.)
A "Bulk Reverse Vending Machine" is a Reverse Vending Machine that is larger than fifty
(50) square feet; is designed to accept more than one (1) container at a time; and will pay by
weight instead ofby container. (C)rd. No. 8S3. Sec. 1.0-8-87)
"Yard" means an open space other than a court on the same lot with a building, which open
space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in
"Yard, Front" means a yard extending across the full width of the lot, the depth of which is
measured from the front line of the lot to the nearest line of the building; provided, however, that if
any Official Plan Line has been established for the street upon which the lot faces, the front yard
measurement shall be taken from such Official Plan Line to the nearest line of the building, (Ord,
"Yard, Rear" means a yard extending across the full width of the lot and measured between
the rear line of the lot and the nearest line of the main building. (Ord. No. 157, Sec. 11.53)
"Yard, Side" means a yard between the side line of the lot and the nearest line of the building
and extending from the front yard to the rear yard. (Ord. No. 353, Sec. 3)
9298~INTERPRETATION AND ENFORCEMENT
a
Continuity of Law
Except as specifically provided herein, this chapter shall not be interpreted tQrepeal,
abrogate, annul or in any way affect any existing provision of any law or ordinance or regulations or
permits previously adopted or issued relating to the erection, construction, moving, alteration or
enlargement of any building or improvement; provided however, in any instances where this chapter
imposes greater restrictions upon the erection, oonstruCtion, eatob|/ahnnent, moving, alteration or
improvement Of buildings or the use of any building or structure that is imposed or required byan
existing law, ordinance or regulation, the provisions of this chapter shall control. (Ord. No. 157, Sec.
b
Criteria for Determination
Whenever the Director ofCommunity Development, or Planning Commission of the City of
Tustin is called upon to determine whether or not the use of land or any structure in any district is
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Page l2Vofll4
einni|or in character to the particular uses a|klvved in the district, the Director orCommission aheU
consider the following factors as criteria for their determination:
(1) Effect upon the public health, safety and general welfare of the neighborhood invo|ved
and the City otlarge.
(2) Effect upon traffic conditions.
(3) Effect upon the orderly development of the area in question and the City at large, in
regard tn the general planning of the whole community. ([]rd. Nn. 175, Sec. 10; Ord.
No. 1366, See. 21. 11-17-08)
n
Responsibility of Enforcement
It shall be the duty of the Director of Community Development or designee toenfoncethe
provisions nf this chapter pertaining to the use of land or buildings inthe erection, construction,
reconstruction, moving, alteration, or addition to any buildings or structures. Any permit or license of
any type issued by any department or officer of the City of Tustin issued in conflict with the
provisions of this chapter iy hereby declared to be null and void. (Ord. Nn. 175, Sec. 11; (]rd. No.
1366, Sec. 22, 11-17-09)
Any building or structure erected, constructed, altered, enlarged, converted, moved or
maintained contrary to the provisions of this chapter and any use of land or buildings operated or
maintained contrary to the provisions of this chapter are hereby declared to be public nuisances.
The City Council may commence the necessary action or proceedings for the abatement, removal
and enjoining thereof in the manner prescribed by |avv in the courts which may have jurisdiction to
grant such relief as will accomplish such abatement and restraint. The remedies provided for in this
section shall be in addition to any other remedy or remedies or penalties provided in this chapter or
any other law orordinance. ([)rd. Nu. 157, Sec. 13.2)
Any person may appeal any decision of the Director of Community Development in
accordance with Section 9294 of this Code. (Ord. NO. 157, Goo. 13.3; Ord. No. 1360, Sec. 23, 11-
Consistency With All Laws
Notwithstanding any provision of this Code to the oontnary, any ume, ent0ement,
authorization, license, or permit allowed or issued under this Code, including without limitation any
accessory or ancillary use, shall be consistent with applicable state and federal |ovv. Any use or
activity that is illegal under local, state, or federal law shall be deemed a prohibited use in all
districts within the City. ((]nd. NO. 1322, Sec. 2, 12-4'06)
9299~ZONING ADMINISTRATOR
Office Created
An Office ofthe Zoning Administrator hy hereby created pursuant to Section 05SO08tmeq,of
the California Government Code.
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b
Duties
The Community Development Director, or his/her designee, acbngoathe Zoning
Administrator, shall have dual responsibility with that of the Planning Commission to hear and
decide in accordance with Council policy and provisions of this chapter, and has the authority to
approve, conditionally approve or deny the following requests when such requests constitute a
reasonable use of property not permissible under a strict literal interpretation of the regulations. The
Zoning Administrator reserves the right toforward any matter listed below b}the Planning
Commission for consideration and action. Requests for minor adjustments Zoning Administrator
variances in excess of the limitations prescribed in this subsection, or those development standards
not specifically listed in this subsection, shall be subject to the approval of a variance by the
Planning Commission. Requests for conditional use permits or other specified development
applications not specifically listed in this subsection shall be subject to the approval of a conditional
use permit or other discretionary review by the Planning Commission or other reviewing body as
U\ Minor adjustments:
hs\ A decrease of not more than five (5) percent of the required building site area.
(b) A dennaaea of not more than hen (10) percent of required building or
landscaping setback.
(o) An increase of not more than twenty (20) percent in the maximum permitted
height ofa fence or wall, subject to city approved structural design.
(d) An increase nf not more than ten (1O) percent of the permitted projection of
steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry
uhirnneyo, raised porches and fireplaces into any required building setback.
/e\ An increase nf not more than ten (1O) percent in the maximum permitted
building height.
/M A decrease in the number of required off-street parking spaces for
nonresidential land uses uptoa maximum of ten (10)percent.
(Q) A decrease of not more than ten percent (1O96)in the permitted distances
between detached accessory structures and main structures,
(h) An increase of not more than ten /10\ percent in the nnaxinnunn permitted
driveway area within the front yard setback for residential districts or the front
yard for commercial and industrial districts. (Ord. No. 1240' Sec. 2, 8-8-01;
Ord. No. 1354, Sec. |[. 11'4-08)
(i) A decrease in the number of required off-street parking spaces for residential
land uses by a maximum of one (1) parking space. When a second residential
unit ia being added under the provisions o or19223' parking shall
be in accordance with the requirements of those sections. /[}rd. No. 1354. Sec.
//,11-4-O8\
(2) Variances when required by the City Code:
(a) A decrease of not more than ten (1U) percent ofan individual required building
site area.
(b) An increase of not more than twenty (20) percent of the permitted projection of
steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry
chimneys, raised porches and fireplaces into any required building setback.
/n\ A decrease of not more than twenty (20) percent in the permitted distances
between detached accessory structures and main structures.
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kj\ A decrease in the number of required off-street parking spaces for
nonresidential land uses uptoa maximum of twenty i20\percent.
(o) A decrease of not more than twenty (20) percent in the required setbacks for
buildings, landscaping, swimming pools, spas and equipment.
(3) Conditional use permits when required by the City Code:
(a) Dish antennas.
(b) Bulk vending machines.
(n) Large collection facilities.
(d) On-premises dry cleaning.
(e) Minor CUPm for existing development where there would beno change of
occupancy or primary use, there would be no expansion of floor area, and the
request would not alter the original intent nf the project oraite.
V/ On-site alcoholic beverage sales license for restaurants.
(Q) Secondhand sales when pawning ie not included.
(h) Development or construction of new buildings in the Commercial General (CG)
or Industrial (M) Districts where more than fifty (5O) percent of the total area, or
any portion of the ground floor, is designated for occupancy by professional or
general offices.
(i\ Accessory buildings used an guest rooms.
U\ Temporary uses for a period nfupto six (0)months.
(k) Professional and general offices fronting onto Main Street and El Camino Real
and located within the Old Town Commercial General land use designation.
(Ord. No. 1317, 8au. ||. 0-18-06)
U)
Dance studios (Ond. No. 1367. Sec. ||. 4-0-10)
(4) Specified development applications:
(a) Soil remediation activities, subject to the same findings as required for a
conditional use permit.
(b) Time extensions of not more than twelve (12) months from the original
expiration date for minor adjustments, conditional use permits, variances,
design reviews, subdivisions and other development applications, subject to
the same noticing requirements that were given at the time the project was
originally approved.
kd Except where design neview/iarequkedbvtheolanni commission pursuant
to an adopted specific plan, (a) design review applications within
redevelopment project areas; (b) minor design reviews within redevelopment
project areas which include modifications to existing structures and/or existing
facade or site modifications which constitute a change in three (3) or less major
design elements which do not result in m completed facade upgrade; /o\ single-
family homes not part of a subdivision, (d) residential room additions and (e)
new or modified accessory structures associated with existing development.
(d) Amendment to conditions of approval established by planning commission or
city council. Condition amendments that are determined by the Community
Development Director to be minor in nature and will not alter the original intent
of the project nrSiha.Exarnp|8svvou|dinu|udeohongeatoexƒeriornnateha|a.
colors, elevations, landscaping, walls/fences and hours ofoperation.
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M\ Submittal requirements. Applications for minor adjustments, conditional use permits or
other specified development applications that would be subject to action by the Zoning
Administrator shall be filed with the Community Development Department pursuant to
the department's current application procedures and fee schedule. Applications
should be accompanied with a written description as to how the applicable positive
findings for the project typeopp|iadforidenUfiadineubaection(3)be|uvvoanbe
justified. A single application may include more than one (1) request applicable to the
same project. ApplioationaaubiacttoantionbytheZoningAdnniniatnatorehaUbe
processed and approved, conditionally approved or denied within the time limits
established by state law for actions of development projects.
(2) Public Hearing and Noticing Requirements. Upon determination that an application is
complete, the Community Development Department shall schedule the matter for
consideration by the Zoning Administrator. If public hearing is required for the type
of application considered, notice of such public hearing shall be given pursuant to
Government Code Section 85001. Minor adjustments shall be considered bythe
Zoning Administrator without a public hearing. Additional noticing time as specified in
Government Code Section 85081 may be required to comply with noticing
requirements ofthe California Environmental Quality Act. |n the event ofa conflict
between required noticing times, the longer time shall begiven.
(3) Required Findings
(a) Minor adjustments shall be granted only when such adjustments are found to
bein conformance with the General Plan and when, because ofspecial
circumstances applicable to the property, including size, shape, topography, or
surroundings, the strict application of the Zoning Ordinance is found to deprive
the subject property of privileges enjoyed byntharpropadieointhevioinityond
under identical zone classification. Any minor adjustment granted shall be
subject to such conditions as will assure that the adjustment thereby authorized
shall not constitute e grant of special privilege inconsistent with the limitations
upon other properties in the vicinity and district in which the subject property is
situated.
/1)
Minor adjustment t0 reduce the required amount ofnonresidential
parking shall bo granted only when, in addition to the findings i
9,L9 �o(3)(a\ above, the following findings can also bemade:
(a) The intent ofthe parking regulations is preserved;
/b\ The parking provided will be sufficient to serve the use intended
and potential future uses of the same site; and
(c) The adjusted decrease in the number uf parking spaces shall not
be detrimental to the public health, safety or general vve/feno or
materially injurious to properties located in the general vicinity.
(2) Minor adjustment to reduce the required amount of residential parking
shall be granted only when, in addition hJ the findings in Section 9299c
(3)(u) above, the findings i Section b, can also be made. /C}vd.No.
1354, Sec. U. 11-4-08\
(b) variances may be granted only when such variances are found hubein
conformance with the General Plan and when because ofspecial
circumstances applicable to the property, including size, shape, topography, or
surroundings, the strict application ofthe Zoning Code ie found to deprive the
YWbzuicodo Page |33nf|34
property of privileges enjoyed bv other properties in the vicinity and under
identified zone classification.
(c) Conditional use permits shall be granted only when such conditional use
permits are found to be in conformance with the General Plan and when the
establishment, maintenance, or operation oftheuseepo|k*dforwiUnnt under
the oirounlutano*e of the particular uoe, be detrimental to the he8kh, aafetv,
nno/e|e, comfort and general vveKena of the persons residing or working in the
neighborhood of such proposed use, 0r injurious ordetrinnenby|tnpropertyond
improvements in the neighborhood Or the general welfare of the city.
(d) Design review applications may be approved only if such applications are
found t0bein conformance with the General Plan and if the location, size,
architectural features and general appearance of the proposed development
will not impair the orderly and harmonious development of the area, the present
or future development therein, the occupancy thereof, or the community as a
whole. In making such findings, the following items shall be considered:
(1)
Height, bulk and area of buildings
(2)
Setbacks and site planning
(3)
Exterior materials and colors
(4)
Type and pitch nfroofs
(5)
Size and spacing of windows, doors and other openings
(0)
Towers, chimneys, roof structures, Omgpo(as, radio and television
antennas
(7)
Landscaping, parking area design and traffic circulation
(8)
Location, height and standards of exterior illumination
(9)
Location and appearance nf equipment located outside ofanenclosed
structure
(10)
Location and method of refuse storage
(11)
Physical relationship of proposed structures in the neighborhood
(12)
Appearance and design relationship of proposed structures tnexisting
structures and possible future structures in the neighborhood and public
thoroughfares
(13)
Proposed signing
/14\
Development guidelines and criteria as adopted by the City Council
(4) Zoning Administrator
Action. After consideration of the application, and after making
the appropriate findings as required above, the Zoning Administrator shall take action
to approve, approve with conditions or deny the application. The decision of the
Zoning Administrator
shall be final unless appealed pursuant to subsection d below.
The Zoning Administrator shall provide notice to the applicant within two (2) business
days following the action. /(]vd. No. 1368, Sec. 24, 11-17-08\
Appeals
Any person may appeal any decision of the Zoning Administrator in accordance with Section
9284of this Code. (C}nd. No. 1308, Sec. 25.11-17-O0)
e Repealed (]nj. No. 1306, Sec. 20.11-17-U9)
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Munimde
9402~DEFINITIONS
Page I of 16
The following terms as used in this Chapter shall have the respective meanings es set forth
except when the context clearly indicates otherwise. For ease of reference, each kann that is
defined in this section appears in title caps in the text of this Chapter. A supplemental graphic
presentation of certain definitions is provided as information and is included as .
"Abandoned sign" is a si nvvhichnok]ng8ridantifiea0radverdaosob0m3fida
business, lessor, service, owner, product, or activity, and/or for which no legal owner can be
found.
"Act of God" is a natural occurrence such as wind, rain, flood, fire or earthquake.
"Aerial sign" is @ sign which is inflatable or designed to be flown or attached to the
Qnound, building, structure or other object, which may or may not include copy.
'\4-frnme sign" means 8 Sign generally not securely attached or fixed to the ground or
b}a permanent structure used aoa stationary advertising devise and usually supported bv
two (2) upright sign faces.
"Aggregate area" ka the combined permitted Sign siz8sOfaU signs onanyone(1)
parcel, site, building, structure or other premises, excluding temporary signs, noncommercial
signs, special event signs, public information signs and traffic signs.
"Alter" means to change color (other than copy color), size, shape, position, location,
V/ method nf illumination ofg sign. This shall not include replacement of face copy on
cabinet type signs.
"Animated sign" means any sign designed toattract attention through movement 0r
the semblance of movement of the whole or any part, including, but not limited to, signs
which swing, twirl, revolve, move back and forth or up and down; or signs which can change
color or shades ufcolor; or any other method or device which suggests movement, but not
including flags or banner signs.
"Arcade" is a covered passageway projecting from the exterior wall ofa building and
supported by posts or columns attached to the ground.
"Arcade sign" meansG sign projecting beneath orOn the underside of any structural
overhang or passageway and perpendicular to the front building facade; see section 9412.
"Attached sign" is any sign permanently affixed to a building or affixed to the external
surface uf8 building (including wall Signa).
"Audible sign" is any sign that contains loudspeakers or emits sounds.
"Automobile service business" ise business whose primary purpose is gasoline sales,
ancillary uses may include auto repair, tire sales and auto supply sales.
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"Awning" is a roof-like structure extending over a door, window or all or any portion of
a building wall and projecting from and supported by the exterior wall of a building; see
section 9412.
"Awning Sign" is a Sign painted on, printed on or attached 0n the front surface of an
owning.
"B8Uo0n" means e sphere Uf nonporous material filled with air 0rgas.
"Banner sign" means any publicly visible advertising device, not 0n the interior side of
a window, made of cloth, paper, plastic, cardboard, metal or any other usually flexible
material, which may indicate the identity or give or ask information about or convey a
nneoeage, either directly or indirectly, about 8 person, entih/, business, commodity, service or
"BeaC0n" means any stationary or moving light SVuroeOr|i htvvith0ne(1) Vr[noro
beams that rotate or move located outside of or inside a building, or within three (3) feet of a
window and flashing with one (1) or more beams directed into the atmosphere or directed at
one M\ or more points not on the same lot as the light source.
"Bench sign" means a seat located upon Or adjacent toa public or private hQ
for the purpose of persons resting and which is capable of displaying a sign or advertising
"Building frontage" means the lineal extent Ofa building which fronts on either astreet
Or parking area and used as the basis for determining the maximum sign area and number of
signs allowed; see section 9412.
"Bulletin board" means m Sign th[t signifies aninSbtudonOrorg8nizatiOnonthe
premises ofwhich it is located and that contains the name of the institution or organization,
the names of the individuals connected with it, and general announcements of events or
activities occurring at the institution or similar messages.
"Business identification sign" iS8 Sign vvhioho8n/estoidenhfv0nk/UlenanO8'
address, and lawful use of the premises upon which it is located and shall not include the
listing of pricing information or specific brand names unless the pricing or brand name is
incorporated into the name of the business or is a trademark or company name symbol
identifying the business or activity provided as in the o8oe of logo. Said signoge is not
intended as an advertising device. Identification of product, trade and service information is
permitted, and is considered supplemental provided it is subordinate to business
identification. Supplemental signs shall be considered subordinate if no more than twenty-
five (25) percent of the total a||Vxvmb|e sign area is used for this purpose.
"Canopy," same as "awning".
"Canopy sign," same as "awning sign".
"Center " is a commercial, industrial or professional use, consisting of one (1) or more
buildings sharing common facilities such as off-street parking, access or landscaping. In
each ceSe, a center will consist of two (2) or more retail stores or buain8SSeo, but may not
necessarily be under 8 single ownership.
Monicode
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"Center identification sign" means any freestanding sign vvhichadvertisosordinects
attention to a shopping center or area having two (2) or more separate businesses or
activities therein,
"Changeable copy sign" means o sign onwhichthocopychengoaebhoroutonoadioa||v
through mechanical means, electrical or electronic time or temperature controls or manually
in the field.
"Channel letters" means individual letters or figures, illuminated or nonilluminated,
affixed to a building or freestanding sign structure.
"Community Development Director" means the City of Tustin Community
Development Director or his or her designee.
"Construction si O"n��8D9Gk�n1pOrary sign ��ot��ng�hen�nn�ofth�p ieutunder section 9412.
construction, street address, emergency phone number and name of person to contact; see
nateflag" means oflag which has the name, logo, trademark, msymbols of
business or corporation which cannot be construed to mean official flags.
means any words, letters, numbers, figures, designs or other symbolic
representations illuminated or non-illuminated incorporated into a sign.
"Decorative flag" means atennporary sign mad8offabhcnranyn0n rigid mgtehe{
which is individually mounted a flag pole device and is not a corporate flag or official flag.
"Double-faced sign" is a sign with two (2) faces that are placed back-to-back with a
distance separation of no greater than eighteen (18) inches and in which both faces cannot
be viewed from any point at the same time.
"Electrical sign" means any sign cnntyiningn|ecihCa{wihnQwhiohis8tt8Ch8dVr
intended to be attached to an electrical energy source for the purposes of illuminating its
"Erect" means to build, construct, attach, place, suspend, affix or Install.
"Exempt sign" means signs exempt from the permit requirements of this Chapter.
"Fan8d8" means the exterior walls ofobuilding exposed k} public view.
"Festoons" means a nonmetallic string of ribbons, nonmetallic tinsel, small flags,
pinwheels, bunting, pennants and other like items.
"F|80" nne8nS cloth or other lightweight material of distinctive Size' color and deSign,
used aSa symbol, standard, signal, emblem, oro device used tO attract attention.
"Flashing sign" means any directly orindirectly Illuminated Sign that exhibits changing
natural or artificial light or color effects bv any means whatsoever.
"Freestanding sign" means any non-moveable sign not affixed tO@ building, including
but not limited io pole signs, ground signs, and construction signs; see .
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"Freeway sign" is a sign whose purpose is to identify a specific service oriented
business (those offering eating facilities, lodging accommodations or an automobile service
business) which ia located adjacent hzthe freeway right-of-way'or separated from the right-
of-way bya frontage road.
"Garage sale sign" means abannporary sign announoingthe|innitedSm|e.hnnna
private residence, of goods, furniture, clothing or other similar articles.
"Height" means the vertical distance measured from the highest point ofthe sign
including any architectural, ornamental or structural element ofthe sign tVthofiDkShedgrede
adjacent tothe sign structure. When C8|CV|ed1ng sign area, height ia the vertical distance from
the highest point to the lowest point of the sign.
"Human sign" means a sign 1hatishe|dorvvOnnbv8perS0n.
"Identification sign" means a sign whose copy is limited to the name and address of a
building, institution, or person and/or to the activity or occupation being identified and shall
not include a listing of pricing information or of specific brand names unless the pricing or
brand name is incorporated into the name of the business or is a trademark or company
symbol identifying the business or activity. Identification of product, trade and service
information is pernnittad. and is considered supplemental provided it is subordinate to
business identification. Supplemental signs shall be considered subordinate ifnQ more than
twenty-five (25) percent of the total a||ovv8b|H sign area is used for this purpose.
"Illegal sign" means a sign not permitted nr exempted by this Chapter at the time of its
construction or erection.
"Illuminated sign" iS8 sign which has characters, letterm. Doureo, d9SignS, l0000n8mo'
pictures or outlines illuminated by a source of energy directly or indirectly in order to make
the message visible. The definition shall include internally and externally lighted signs and
reflectorized, glowing and radiating signs.
"Incidental sign" means a sign, emb|8nn.ordeCalinhznningthopub|icOfsemiC8s
available on the premises such as a credit card sign or a sign indicating hours of operation or
emergency phone number.
"Individual business" means 8 single commercial enterprise which k] physically
separate from and does not relate to any other commercial business, and is not a part of a
shopping center.
"Install" means to build, paint, erect, hang or in any manner affix or modify in any way.
"Legal Nonconforming Sign" means 8 sign thcdvvaSlavvfu|k/ereotHdvvhichdoeano1
comply with the most current adopted sign restrictions and regulations. ([)rd. No. 1397. Sec.
3. 11-15-11)
"Light bulb strings" means external or internal displays within twelve (12) inches Ufthe
inside of the window which consist of light bulbs, or strings of open light bulbs or lighted
Municode Page 5 of 16
"Location" means a position on a Site or on a building where a sign may be placed.
The location is regulated by setbacks from property lines for free-standing signs or a height
limitation for wall mounted signs.
"Logo" means a name, symbol, feature or trademark that represents a business,
enterprise, group or activity.
"Maintenance (of Si ns)"rn88Ds.for0lapurpmSeSof this chapter, the cleaning,
painting' repair, or rep|000nnmnt of defective p8dB of Sign in 8 manner that does not alter
the basic copy, design, or structure Of the sign.
"Mansard" means a sloped roof or roof-like facade designed to give the appearance of
a full pitched roof; see section 9412.
"M8rquee' means g permanent roof-like structure over @Dentry, projecting from and
supported only by the exterior wall of a building. A marquee is architecturally a part of the
building; see section 9412.
"Master Sign Phan"n7eanoa comprehensive program for coordinating all tenant signs
within aoenbar.
"Menu board sign" means a sign disp\ayingfoodoritennasoldOnthepr8noisas.
"Monument sign" is any free-standing Sign mounted directly on a planter or pedestal
base without air space beneath as distinguished from the support of a pole or poles and
which is designed to incorporate features and building materials which complement the
architectural theme of the buildings onthe premises.
"K4Vlti-hanant identification sign (di means 8 sign constructed soask}permit
individual identification of businesses within a shopping, professional or industrial center.
Such signs are solely for the purpose of identification of a business by name, general service
or trade, and not to include the listing of individual products or services offered.
"Nameplate" means a non-electric or mechanical on-premises identification plate,
plaque or sign giving only the name, address, and/or occupation of an occupant or group of
occupants; less than two (2) square feet insize.
"Neon" means a glass tube filled with gas that emits light when energized.
"Noncommercial sign" means any sign OtherUl8naei nr8latngk/8loaaleVfany
merchandise, product. Sen/ica. oOnnmodUv Vr other item Or activity for private benefit orgain.
Noncommercial signs include, but are not limited to:
1. AoO|UUca| sign.
2. A protected speech sign.
8. A public event sign.
"Nonconforming sign" means sign erected legally which does not comply with the
most current adopted sign restrictions and regulations,
"Official flag" means flags of the United States of America, the State of California, City
or other governmental agency.
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"Off-premises sign" means a sign or structure of any kind or character erected and/or
maintained for advertising a business, activity, service or product not sold or produced on the
premises upon which the sign is placed, including a billboard and any other outdoor
advertising Sign and structure."
"3n-premises advertising display" means any structum, housing, device, figurine,
statuary or other contrivance of a permanent or portable nature which is designed and
intended tOadvertise specific products Or services, services available or goods sold onthe
premises which the business or display i8 located or upon the building within which the
business is located; see definition of"prenniseS"
"On-premises sign" means a sign which displays the nanle, use, service, trade or
trademark, or symbol of the business or business activity provided on the premises on which
the business nrbusiness activity |alocated.
"Open house sign" nnS8nS @ sign which identifies o building for sale or lease which is
open and available for inspection.
"Ornamental sign" means a sign that includes decorative design details fabricated out
of wrought iron, wood or similar product with the intent of making the Sign more compatible
with the residential property onwhich i(ielocated.
"Owner" means a person recorded 8s such Vn official records and including any duly
authorized agent or notary, 8 purchaser, devisee, judiciary and any person having ovested
0r contingent interest in the property iOquestion.
"Painted sign" means any si nvvhichiSaooiedvvithpairt or similar substance LDthe
face of a wall, arcade, canopy or marquee of a building.
"Parapet" means an extension Vf the structural walls, Vr other architectural feature
screening from view on all sides of a building the rooftop equipment; see section 9412.
"Parcel" or "lot" means:
1 A parcel of real property which is shown as 8 single lot in a lawfully recorded
subdivision, approved pursuant to the provisions of the Subdivision Map Act
(California Business and Professions COde, Sec. 11500. et seq.); Or
2. A parcel of real property, the dimensions and boundaries of which are defined
as a single lot by a |awfV|k/ recorded n}oond of survey mop; or
J. A parcel of real property shown on a parcel map as a single lot, lawfully
recorded pursuant to the provisions of the Subdivision Map Act (California
Business and Professions Code, Section 1150U,ataeq.);Vr
4. Two (2) 0r more parcels Vf real property which are combined bvan
appropriately recorded written instrument or by common fee ownership and
usage.
"Pennant" means a flag that tapers to a point or a forked double-point, and is often
used alone or in a series and suspended from a rope, wire or string.
"Permanent directional/information sign" means an on-premises sign giving directions,
instructions, or facility information such as parking locations, exits, entrances, time and
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temperature. Such signs maynotCont8indhongnngork0000fan8stabishmentor
information of a commercial nature,
"Persons" means any person, finn, partn8nship, asS0ciat|on, corporahQn, company or
organization Cf any kind whatsoever.
"Plaque" means o Oat thin piece of metal (or other material) placed on e building to
identify e Site or3n event orho commemorate an individual oranevent.
"Pole sign" means any free-standing sign supported by a structural member(s) with air
space between the grade level and the bottom of the sign face.
"Political sign" means any sign pertaining to a candidate for public office or bo{|Vt
issue pending before the electorate ota specific election.
"Portable sign" means any sign capable of being carried or readily moved from one
location to another, including but not limited to an A-frame sign, "sandwich sign", a sign on
wheels or sign which leans against stationary obie(t, building or structure. Portable Sign
does not include a temporary directional/information Gign, political mign, or human sign.
"Pr8nniseS" means the building aait relates hoawall sign vvhhinvvhichabuSin8seio
located; or as it relates to a ground sign, premises is defined as the project site upon which
the business islocated.
"Primary wall" means o building wall containing e primary store entrenoe/axdvvhich
"Project faces onto a street or designated parking area.
identification sign" means g temporary sign iderdifyingufutureoocupent,
project developer, orchitect, engineer, contractor urothers participating in construction on the
property on which the sign is located; see section 9412.
"Projecting sign" means any sign vvhichiSnofoubebanha|k/pan8U8|k}U18Surh]oeor
plane of the supporting wall, fence, canopy or marquee to which it is attached.
"Protected speech sign" nneanaenyeignc0nt@iningonneaoage of public interest, and
containing no commercial speech. For the purpose of this Chapter, the term "protected
speech sign" does not include political signs.
"Public event banner sign" means a temporary sign odvertisingev8ntuand/orVUhe[
promotions open to the public and sponsored by the City of Tustin.
"Public p8rhvvav @r88" means the strip of land between the Curb line and the Sidevvo|k.
and any City landscape easement adjacent to the public right-of-way.
"Public i means and includes all public stne8bs, curbs, medians, islands,
sidewalks and utility easements, now or hereafter owned in fee or easement by the City.
"Public safety area" means e strip of land, twenty C200 feet in vvidth, running parallel
with, adjacent to and measured from the public hQh line, The public hgh line
is the same 8S the property line; see .
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"Real estate sign" means a temporary sign advertising the sale, lease or rent of the
property upon which it is located, and the identification of the person or firm handling such
sale, lease Orrent.
"Replacement value" means the total actual cost to repair or restore a sign to its
original condition.
"Responsible party" means the owner of the sign or, where ownership isnot kncwn,
the owner of the property where the Sign kSposted. In the absence Of persuasive evidence ho
the contrary, the person who benefited from the sign shall be presumed tobe the person
who was responsible for the placement of the sign. For open house signs, the responsible
party shall be the real estate licensee holding the open house and that real estate licensee's
real estate broker Vfrecord.
"Rider" means a changeable portion OfG real estate sign thadindudea specific
information relating to the property Orbroker.
"Roof line" means either the uppermost edge Of the roof or the top of the parapet; see
section 9412.
"Roof sign" means a painted sign or attached sign constructed upon or over a roof, or
placed so as to extend above the visible roofline.
"Secondary wall" means a building wall which contains no primary StOn3 8ntrance, but
may have emergency exits, exits/entrances subordinate to the primary entrance which may
face onto a street or designated parking area or access drive.
"Seasonal or holiday sign(s)" means signs, such as Christmas decorations, which are
used for e historical holiday or special UnneVfLheyearaDUin8teUedforoUrnit8dpehVdof
time, 8s defined in this Chapter.
"Sign" or "signs" means any structure, device or contrivance and all parts thereof
which are installed or used for identification purposes upon or within which any poster, bill,
copy, lettering, painting, device or other advertising of any kind whatsoever is used, placed
upon, or affixed t0 the building support structure, window area, canopy, awning ormarquee.
Product, trade and service information is considered supplemental information and may be
included On the sign provided iiis subordinate tV business identification. Supplemental signs
shall be considered subordinate if no more than twenty-five (25) percent of the total
a||Ovvab|o sign area in used for this purpose. This definition includes signs directly applied t0
a building surface such as plastics, and menus. This definition shall not include official
notices issued bya court or public body Or officer, 0r directional warning Or information sign
or structures required by or authorized by law or Federal, State, County or City authority; see
section 9412.
"Sign area" means the entire area of the face or faces of the Si n, which is designed
to carry copy, whether or not there is copy on all surfaces. Architectural design
embellishments and structural elements such as a sign pedestal or pole are not construed tV
be part ofsign area. The perimeter is defined by the smallest square. CirC!e, re:tang!e,
triangle Or combination thereof or irregular shape that will encompass the extreme limits of
the copy together with any frame or structural trim forming an integral part of the display such
aSa sign cabinet. |n the case Ofadouble-faced sign, the area shall b8 computed aS only one
(1) of the sign surfaces; see section 9412.
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"Sign copy" means any words, letterD, nunnbera, fiouree, designs, or other symbolic
representation incorporated into a sign.
"Sign program" means a comprehensive program intended to provide incentive,
latitude and variety in order b]achieve aesthetically appealing and compatible si nGgeh3r
shopping and professional office centers and industrial parks with two (2) or more occupants.
A sign pnmgnann may also be applicable for 8 single business proposing two (2) or more
signs.
"Sign structure" means the Supports, uprights, bracea, oaNeS, franlevvork, and display
surface ofg sign.
"Site" means one (1) or more parcels of land identified by the assessor's records. The
site shall include all parcels of land contained within, or a part of an integrated building
development. An integrated building development shall include all parcels served bv
common 8ccessways. driveways, parking and landscaping.
"Special event" is an irregular and uni commercial, civic, patriotic, neUoinun,
cultural, community, orpolitical event taking place On8 specific date nr dates. "Special
event" does not include routine commercial promotions, such as regular promotions of a
national franchise.
"Snipe sign" n)e8nS a temporary sign or poster which 1s posted, stuck, tacked or
affixed to the ground, a tree, post, fence, utility pole, or other surface.
"Standard sign p|8nn"me3ns a comprehensive set 0f plans and materials required k}
be submitted before erecting, placing, rebuilding, reconstructing or moving any sign.
"Storefront area" means the front area of building in which the primary entrance to 8
stone or business is located. The area is calculated by multiplying the width of the storefront
(or tenant space in the case of multi-tenant building) by the vveU height (which includes all
vertical surfaces between the finished grade and the roo�; see for a display nf
the storefront area calculation.
"Street e" means lineal extent of8 street which fronts onoris adjacent to either
a building or parking area and used as the basis for determining the maximum sign area and
number of signs allowed; see .
"Supplemental signs" nleano signs ide i |f9atureu.tnade'aemiceSOr
products of the business. Such signs nl8ynof|ndudea|iSUng0fpricinQinhorm3hon0r
specific brand names unless incorporated into the name of the business. Supplemental signs
may be of a permanent nature, provided they are subordinate to business identification
information. They shall be considered subordinate ifn0more than twenty-five (25) percent Vf
the total @||Ovvab|8 Sign area is used for this purpose.
"Temporary directional/information sign" means a small off-sUe. staked, Temporary
Sign identifying something incidental, including lost or found Persons, items, or oobs or
directing pedestrian and vehicular traffic to garage sales or homes for sale or lease which
are open and available for inspection.
"Temporary sign" means any sign constructed of paper, cloth, canvass or other similar
lightweight material, with or without frames, including painted windows, flags, streamers,
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pennants, banner signs enduUler signs notdesigned to be attached b}a building or
anchored ho the ground,
"Tivoli lights" is o brand of tube lights; see tube lights.
"Tract identification sign" means m permanent sign designed tVidentifvGSing|e-tsnni|v
or multifamily residential subdivision or development. Such signs ahaUb8|innhedto
subdivisions containing 8 rnin/rnuno Often (10) units orten (10) lots and a minimum total
project size nfone (1) acre.
"Tube lights" ensSmaUdecoradveU hiaofopermGnerdnetune.Lightbu|boanyusuoUv
one-half (1/2) waft in size and usually less than one (1) inch long and placed within a clear
tube, approximately eight (8) inches apart.
"Under-canopy" means a sign which is perpendicular to and suspended below the
ceiling or roof ofacanopy.
"Use" means the purpose for which land or a building is occupied, arranged, designed
or intendod. Vr for which either land or building is or may be occupied or maintained.
"Vehicle-mounted sign" means any sign placed or maintained on a stationary
automobile, truck, trailer Vrany other motor-driven device.
"Vertical clearance" is the vertical distance between grade and the lowest part of any
Sign, including framework or embellishments.
"Visual clearance area" is a triangular shaped portion of land established at a street
intersection or driveway in which nothing is uonS1nuot8d, placed, planted or allowed to grow
in such a manner ostulimit or obstruct the visibility 0fa motorist entering or leaving the
intersection or driveway; see section 9404a3(b) and exhibit in section 9412.
"Wall sign" means a sign attached parallel b}0r erected nn the fascia, parapet Vr
exterior wall of a building, structure, wall or fence with the exposed face of the sign in a line
approximately parallel 1O the plane Of the exterior wall; see .
"VWdth of sign" means the maximum horizontal dimension of sign.
"VVndOvv is8n opening ina wall surrounded bv framework or casing and enclosed
with transparent material. For the purpose Of calculating window area on one (1)building
elevation, a series of adjoining window panes separated by mullions or panels can be
combined tO establish total window area.
"Window sign" meonoany sign att8nhed.painhed.0roaated.aith8rpernlonon1Vr
temporary, on the interior or exterior of a window and intended to be viewed from the
outside; see section 9412.
"Wind sign" means any sign Oronrtiunthero0forserkeaofoignS.benmar signs,
balloons, flags, pennants, spinners, streamers, or other objects designed and fastened in
such a manner as to move upon being subjected to pressure by wind or breeze.
9404~SIGN REGULATIONS
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a. Prohibited sign types, prohibited materials and prohibited locations. Any sign, sign structure
or advertising device which are not SpeCUio@/k/ permitted by the zoning district regulations in
which the sign is located or which may have been erected in violation of the |avvS in effect at
time of erection is prohibited. Such prohibited signs indude, but are not limited 0m the
h}||OvvinQ h/pas, materials and locations.
1 Types of signs prOh/bitB[t
(n) Advertising bench signs. No person shall place within a public right-of-way,
public parkway area, or in any public safety area within the City any advertising
bench, 0rseat except:
(1) Upon obtaining o written permit from the City Council, and,
(2) Upon obtaining the approval ofthe City Engineer for the design and
construction details.
(b) Advertising display bus shelter signs. No person shall place within a public right
. public parkway area, or in any public safety area within the city any
advertising display bus shelter, except in compliance with the following
C0DdiUOna:
(1) Afranchise agreement Or other contractual agreement acceptable tothe
City Attorney shall be required for all advertising bus shelters proposed
within the public right-Vf-vvayUr public parkway area. City Council
approval shall also be required for all shelters located within 8 public
safety area.
(2) The Planning Commission and City Engineer shall review and
recommend t0 the City Council appropriate locations, design 8nd
construction details for all advertising bus shelters prior to award of
franchise agreement Vr approval of alternative contractual agreement.
However, inno case shall an advertising bus shelter be located within a
residential neighborhood. The Planning Commission may also
recommend certain guidelines to the City Council onappropriate
standards for advertising and/or design.
(J) All advertising display bus shelters shall be located based upon ridership
demand, ae determined by the Orange County Transit Authority and City
Engineer.
(4) Displays shall not contain advertising for tobacco Or alcohol products.
(c) Aerial signs, unless approved pursuant t Vf this chapter.
(d) Animated signs.
(e) Audible signs.
VV Beacons. Unless approved pursuant 10 sections or Of this Chapter.
(Q) Festoons. Unless approved pursuant to section 9404c Of this Chapter.
(h) Flashing signs.
(i) Light bulb strings, except holiday lights pesection 5. and not in conformance with
section 12.
U) C}bSoane or unlawful signs.
(k) Off-premises signs, except temporary directional/information signs, human Signs, and
noncommercial signs.
(|) On-premises advertising display.
(nn) Painted signs.
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Portable signs.
kd Projecting signs.
(P) Roof top signs.
(A) Service, product and pricing signs. Anv sign odverUaing specific brand names 0rpricing
unless incorporated into the business name for the purpose of City business licenses and
filing of fictitious business name as required by the State Board of Equalization. Specific
pricing signs as required by state law and permitted in the Code are not subject to these
limitations. Identification of product, trade orservice information in excess of twenty-five (25)
percent of the total a||oxvab|8 sign area is also prohibited.
(r) Signs constituting atrafhC hazard. No person Sh8/| install or maintain or cause to be installed
or maintained any Sign which ainnV|at8G or imitates in size. cO|Or. lettering or design any
traffic sign or signal, or which makes use of the words "stop, look, danger," or any other
words, phraaes. symbols or characters in such 8 manner to interfere vvith, mislead or confuse
vehicular or pedestrian traffic.
(S) Snipe signs.
(t) Vehicle-mounted signs, Business signs on or affixed to trucks, automobiles, trailers or other
vehicles, while parked on public or private property, excepting those vehicles used for the
purpose of lawfully making deliveries or sales of merchandise or rendering services.
2. Materials prohibited: Nondurable signs. P8per, cloth or any matter or nnaieha| not
securely fastened tV the surface Ofa sign 0r sign structure with the exception of
approved temporary signs,
Locations prohibited:
(@) Signs in proximity to uh|ib/ lines. NO permit shall be issued for any sign, and no
sign shall be constructed or maintained, which has less horizontal or vertical
clearance from authorized communication or energized electrical power lines
than that prescribed by the laws Vf the state or rules and regulations duly
promulgated by agencies thereof, Signs are prohibited on any utility pole, traffic
sign pVSt, traffic signal or any other official traffic control devine, in occOvd8Ooe
with Section 214O50f the California Vehicle Code,
(b) Visual clearance area, N0 permit shall be issued for any sign endnosign shall
be constructed or maintained which is located within the visual clearance area.
This area shall be measured from each side of the driveway Or access point b]
the adjoining street per current City standards. See the diagram in section 9412
showing visual clearance area.
(c) Signs oD any public property, public dght-of-way. and public parkway area.
Signs on any public property, within public right-of-way, including the public
parkway oreo, traffic control sign pVStS, utility pO/es, and trees are prohibited.
No person, except a public officer in performance of public duty, shall affix by
any means any form Of Sign on any public property Or within the public right-of-
way. Temporary dinao1iongVinfVrnn8d0D Signs, noncommercial aignS, and
human signs shall be permitted within the public parkway area, but only in strict
accordance with section 9403e.
(d) Projecting signs. Projecting signs shall not extend over Or into opublic right-of-
way or public parkway area, except for public event banners, subject to
approval bv the Community Development Director.
(e) Side yard setback area. A monument sign shall bo set back g minimum of
twenty-five /25\feet from side property lines or fifty (5O) feet separation from
another pole or monument sign located on an adjacent site, whichever is less
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restrictive. Additional regulations for monument signs are located in sections
9407 through 9411.
Signs to conditional use permit gpprowaLThe following types Of signs are permitted
only when reviewed by the Planning Commission and where a conditional use permit has
been issued in accordance with the Tustin Zoning Code, An application for a conditional use
permit for these types of signs shall be processed in accordance with conditional use permit
procedures contained in the Tustin Zoning Code. Appeal procedures for conditional use
permits shall also be governed by applicable sections of the Tustin Zoning Code.
1
Changeable copy signs (electronic Ormanue|). except time and temperature signs
which are permitted.
2. Pole sign. All pole signs not considered freestanding freeway signs pursuant to
subsection 9404b(3) shall require approval of conditional use permit. In addition to
findings required to be made on granting of a CUP contained in the Tustin City Code,
the following restrictions and criteria shall apply:
(g) Type of business, Only center identification signs are permitted tobepole
signs.
/b\ Size and scale of project. Thecentor|dendfiedbythesignieaaingle
development project ofet|egSt0nehundoedthoVsand(10O.00O)bui|ding
square feet Or five (5) acres in project SirevvhiChhaaenninimunnDfthna8(3) or
more tenants.
M Design. The pole sign is designed to reflect theme of the center it identifies and
incorporates similar design elements, moteha|m, colors and special qualities of
the architecture of the building(s) in the center and is compatible with existing
or proposed SiQnagein the center.
(d) Location. The pole sign shall (1)b8 located within e landscaped area and iG
limited tOone (1) per street frontage, (2) maintain minimum ofone hundred
(100) lineal feet from any other monument sign Or freestanding sign inthe
center, and (3)be set back a minimum Cf twenty-five /25\ feet from interior side
property line 0rmaintain a minimum Vf fifty (5O) feet from another pole or
freestanding sign located onen adjacent site.
(e) Height and size. The sign shall be compatible with the size and scale ofthe
project and shall not exceed twenty (2O) feet in height and fifty (50) square feet
in size.
3� Freestanding freeway signs. The purpose of a freeway sign is to provide identification
for businesses that provide services b)the freeway motorist. In addition b]findings
required by the Tustin City Code, the following restrictions and criteria Sh8|| apply:
(8) Type 0fbusiness. Only businesses offering eating facilities, lodging
accommodations or automobile services are permitted to have a freeway sign.
(b) Location of business. Only those permitted businesses that are located directly
adjacent bJthe freeway right-of-way, or separated from the rig by
frontage road may request @ freeway sign.
(C) Location of sign. The sign may be located in such @ manner oatnbeoriented
towards and visible from the closest freeway lanes. In any event, the freeway
sign shall maintain a minimum twenty-five-foot setback from a non-freeway
property line or maintain a minimum of fifty (50) feet from another freestanding
sign located on an adjacent site.
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Height and size. The sign ehGU be no higher or larger than necessary to
provide identification h} freeway motorist. |n any event, the freeway sign shall
not exceed twenty-four (24)feet in height and fifty (50) square feet insize.
*, Painted vva|| signs to include nluna|S 0r graphics which do not pn}nnOie o product or
business but which depict 8 scene Vrimage.
5. Beacons. Any beacon used (other than approved for grand openings) as a searchlight
directing light beams into the atmosphere orafone (1) or more points on-site shall
require o conditional use permit.
n. A master sign plan requesting deviations from standards contained in this chapter
provided that the project is a center and g single development project of at least thirty
thousand (3O.00U) building square feet or one (1) acre in project eize.
c
Signs subject to Planning CDn7nnisakon Review. The following types of signs are permitted
only after the Planning Commission has reviewed and approved the sign permit application
for conformance with the review criteria outlined in section 9403d:
/ Tivoli lights or tube lights. External displays of small decorative lights of permanent
nature require approval by the Planning Commission. Tivoli lights are g brand Oftube
lights.
2. Neon/exposed light when intended as a permanent feature integrated with a building's
architectural design.
1 Festoons. FeS{0OnG may be permitted on a temporary basis only in conjunction with a
special event, provided the Planning Commission determines that it is consistent with
the size and scale Vf the project andapprVvaeabannpVnarysignpennit.
4. Temporary decorative flags and nonmetallic balloons. Any request to deviate from the
location, size height, number or time limits for decorative flags or balloons as provided
for in section 9403d shall be reviewed by the Planning Commission. Prior to approval,
the Commission shall determine that the proposal is compatible with the size and
scale 0f the buildings on the site and project oiz8.
5. Permanent decorative flags/banner signs. Any request to install permanent decorative
flags or banner signs On a building or project site is subject to the design review
procedures outlined in section 9272 of the Tustin Municipal Code and shall be
reviewed by the Planning Commission. In approving such flags or banner signs, the
Commission shall determine that the permanent decorative flags or banner signs
meet the following criteria:
(a) Consistent with project theme.
(o) Compatible with architectural design 0fproject.
pV Integrated into project design.
(d) Shall bo maintained and replaced or removed when torn, frayed, faded 0r
otherwise damaged,
l
Construction signs shall include such information 8S project nanne,8nn9rgeOcyphone
number and contact. All such Signs shall b8 removed prior b} approval for occupancy.
2. Address numbers. As provided for in sections and of the Uniform Building
Security Code, street address numbers shall be displayed in a prominent position so
as to be easily visible to approaching vehicles. For residential uses, the numbers shall
be no less than three (3) inches in height and for nonresidential uses the numerals
shall be no |n8s than Six (0) inches in height. In all caaoe' the numbers shall be of
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color contrasting with the background and located so they can be clearly seen and
e. Gasoline service station sign standards.
1. Pricing signs shaUb8viaiblehonntheGLn*etorhi hvvavadanendb]dhe sign, andvvh8n
situated at an intersection, the sign shall be visible from each street.
2. The number of signs, sign area, location, height and type ofaign8Qe shall conform to
the individual business identification sign criteria.
3, Pricing signs shall be incorporated with the service station business identification sign.
4, Gasoline pump information signs shall be attached to pump islands and limited to two
(2) per island column elevation. No products, Logos Orbusiness identification shall be
included.
Permitted signs by zoning district and use. All signs ahaUbagOv8nnedbvthe|irnhoo8tforth
in the sign regulations Chart, attached t0 this chapter as sections 9406 through 9411 and
incorporated herein bv reference except if addressed elsewhere in this chapter. Signs not
expressly authorized elsewhere in this chapter or on the sign standard charts shall be
considered unauthorized. The sign chart lists the maximums permitted for number, sign area
and height of allowed signs along with other standards.
Maintenance and construction ofsigns.
8. All signs and sign struCtureSShaUb8enOloS9d,stnxctundk/eofe.kaptingood
repair, including replacement of defective parts and illuminating fixtures,
repainting and cleaning, and otherwise inapresentable condition such that
they do not detract from the appearance Of the surrounding area and shall
comply with the most current Uniform Building Codes, as locally amended.
b. All repairs to signs shall beatleast equal in quality and design to the original
signs.
C. All signs and sign material shall b8 constructed of permanent materials
including but not limited tV metal, wood or other comparable durable
weatherproof material. No material more combustible than treated wood Sh8U
bo used |n the construction of any permanent sign. Any sign support used in
the construction of any permanent sign shall be reviewed as part of the sign
application. Brackets or other structural elements that contribute to the
architecture or in any way contribute to the advertisement of a business shall
be calculated as part of the aggregate area of signage permitted for the site. All
cabinets, conductors, transformers or other equipment shall be concealed from
public view.
o. Every sign erected which is subject to e permit shall have its sign permit
number, name of erector, installation yeor, and voltage (if electrical) in a readily
visible location.
e. Electric signs shall be indirectly illuminated. Illumination shall be either from the
interior ofo sign, behind letters (back U hting).ChanOe/|i hbngU|urninetedhnnn
finished grade, or another indirect lighting source. Letters and Logos may be
inbanno|k/ lit but sign background shall be opaque. U|unniDGdion shall be
considered excessive and not permitted when it prevents the normal perception
of buildings or structures beyond or in the vicinity of the sign or when it shines
directly onto residential zones or in any public or private right-of-way. All
illuminated signs shall be designed, placed or arranged to prevent glare upon
the public right-of-way, adjacent properties, and traffic circulation areas of the
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subject property and shall not create a menace bo traffic oranuisance to
adjacent property.
T. All areas where wall signs arerennovadandbaCkorounddian0k}ratonorholee
remain shall be appropriately patched and painted 1D match the building
surface within thirty (3U) days nf removal Of said sign.
2� The Community Development Department shall have the authority to order the
painting, repair, alteration 0r removal of a sign that does not conform to the standards
set forth in subsection /1>.
3. Hazardous signs. If a sign is damaged or not properly maintained to a degree that
causes it to pose a physical danger to persons or property, the following provisions
shall apply:
a. AhezardVus sign i6osi nthatpnseSad8ngBrtoMhepub|ic or that could
create 8 potential hazard and are declared b]beg public nuisance.
o. Removal of hazardous signs. Upon discovering g hazardous condition, the
Community Development Director may cause the immediate removal of sign
that is a danger to the public due to unsafe conditions. The determination that a
sign has become hazardous or unsafe shall consider only the physical
condition and characteristics of the sign, and shall not consider the message
thereon. No hearing shall be required for the removal of hazardous signs. The
C0rnnnuDdv Development Director is not required to give OOtio8 Of intent tO
remove the sign prior to removal, but shall inform the responsible party that the
hazardous sign has been removed within seven (7) days Vf removal, by
certified United States nn3i|, return receipt requested and by first class United
States mail.
C. Signs removed in compliance with this section shall be stored for thirty (30)
days, during which time they may b8 recovered bv the responsible party upon
payment to the City for costs Vf removal and storage. |fnot recovered within
the thirty-day period, the sign and supporting structure shall bedeclared
abandoned and title shall vest with the City. The reasonable cost ofthe
removal and storage may be assessed against the owner of the Sign(a) and/or
the property owner. |f not paid, the applicable costs may be imposed aS8tax
lien against the property. Notice of the imposition of the tax lien shall be sent to
the owner of the property by certified United States mai|, return receipt
requested, as well as by first class United States mail. Costs of removal and
storage (up tV thirty /30\ days) may b8 billed tD the responsible party.