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HomeMy WebLinkAbout02 Code Amendment 13-001, Zoning Code UpdateAGENDA REPORT 1811:01:4 110 In TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM # 2 SUBJECT: CODE AMENDMENT 13-001, ZONING CODE UPDATE (DRAFT ORDINANCE NO. 1429) SUMMARY: Code Amendment 13-001 (CA 13-001) proposes the incorporation of text amendments to the Articles 4 and 9 of the Tustin City Code (TCC). The incorporation of text amendments into the Zoning Code will ensure that it will be internally consistent, consistent with the requirements of California State Law by incorporating legal updates, and consistent with the Tustin General Plan. That the Planning Tustin City Council 001 (CA 13-001) by the Tustin City Code BACKGROUND: Commission adopt Resolution No. 4210 recommending that the adopt a Negative Declaration and approve Code Amendment 13- adopting Ordinance No. 1429 to amend Article 4 and Article 9 of 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 amendments to the City's zoning and development regulations to ensure it remains up to date. At the regular meeting of February 26, 2013, staff provided draft Ordinance No. 1429 and Code Amendment 13-001 and the existing Tustin City Code (Sections to be amended) in a transmittal document for Planning Commission and public review. At that time, a brief presentation was provided to outline the proposed amendments and provide information on how to use the reference documents for review. Planning Commission Report CA 13-001 Public Hearing March 12, 2013 Page 2 ANALYSIS: 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. Specifically, Code Amendment 13-001 will provide updates consistent with state law and will help to organize the code using an updated format. In general, code amendments being proposed 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) • Eliminate repetitiveness by organizing similar requirements into a single code section (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 recent Building Code update) Planning Commission Report CA 13-001 Public Hearing March 12, 2013 Page 3 • Incorporate zoning requirements found elsewhere in the Tustin City Code into the Zoning Code and relocate portions not intended for the Zoning Code (i.e. incorporate home occupation requirements and move recycling requirements to the Solid Waste section of the Tustin City Code) • 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 illustrative 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) If adopted, Code Amendment 13-001 would ensure consistency and conformance throughout the document and with the objectives, policies of the City's General Plan. Code Amendment 13-001 complies with the General Plan, including the following goals and policies: LU Goal 1: Provide for a well balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. LU Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. LU Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints and the City's unique characteristics and resources. LU Goal 4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses; Planning Commission Report CA 13-001 Public Hearing March 12, 2013 Page 4 ENVIRONMENTAL ANALYSIS The proposed code amendment is considered a "project" subject to the California Environmental Quality Act ("CEQK) pursuant to Public Resources Code Section 21000 et al. City staff has prepared an Initial Study which was available for public review from February 20, 2013, through March 12, 2013. The City Council will consider the Draft Negative Declaration at the public hearing. A public notice was published in the Tustin News on February 7, 2013, informing the public of the public hearing for proposed Code Amendment 13-001. Comments were received at the February 26, 2013, Planning Commission and will be addressed at the public hearing on March 12, 2013. r =fir, «:r LT, r PC RESOLUTION NO. 4210 RESOLUTION NO. 4210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND CODE AMENDMENT 13 -001 (CA 13 -001) ORDINANCE NO. 1429 TO AMEND ARTICLE 4 AND ARTICLE 9 OF THE TUSTIN CITY CODE TO INCORPORATE TEXT AMENDMENTS. The Planning Commission of the City of Tustin hereby finds and determines as follows: A. That the City has initiated Code Amendment 13 -001 to amend Article 4 and Article 9 of the Tustin City Code to incorporate text amendments intended to organize the code using an updated format , incorporate legal updates and changes to reflect California State Law, and update terminology and definitions; B. That proposed amendments to Articles 4 and 9 of the Tustin City Code (TCC) require the approval of an ordinance approving Code Amendment 13 -001; C. That proposed Code Amendment 13 -001 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 (Exhibit A) have been prepared regarding this project for recommendation by the Planning Commission; D. That a Notice of Intent to Adopt a Negative Declaration was filed with the Clerk for the County of Orange for posting, and provided to members of the public using a method permitted under CEQA Guidelines Section 15072(b). The Initial Study and Draft Negative Declaration were available for a 20 -day public review and comment period from February 20, 2013, through March 12, 2013, in compliance with the State CEQA Guidelines; E. That the City Council is the final authority for the project and will consider the Draft Negative Declaration prior to approval of proposed Code Amendment 13 -001; F. That on February 7, 2013, the City gave public notice of the holding of a public hearing at which the project would be considered by publishing in a newspaper of general circulation, and by posting a notice at City Hall; G. That on February 26, 2013, Code Amendment 13 -001 (Draft Ordinance No. 1429) was transmitted to the Planning Commission and made available for public review; H. That on March 12, 2013, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the code amendment and at which time the Planning Commission considered the Initial Study, Negative Declaration, such oral and written testimony submitted, the staff report, and Code Amendment 13 -001; Resolution No. 4210 CA 13 -001 Page 2 II. That Code Amendment 13 -001 is consistent with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin in that the proposed amendment will further the following goals and policies: LU Goal 1: Provide for a well balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. LU Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. LU Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints and the City's unique characteristics and resources. LU Goal 4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses; III. The Planning Commission hereby recommends that the City Council adopt Negative Declaration and Code Amendment 13 -001 (Ordinance No. 1429) to amend Article 4 and Article 9 of the Tustin City Code to incorporate text amendments as identified in Exhibit B attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 12th day of March 2013. Steve Kozak Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4210 CA 13-001 Page 3 STATE OF CALIFORNIA) COUNTY OF ORANGE SS CITY OF TUSTIN 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4210 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 121`' day of March, 2013. ELIZABETH A. BINSACK Planning Commission Secretary INITIAL STUDY AND DRAFT NEGATIVE DECLARATION INITIAL STUDY Project Title: Lead Agency: Lead Agency Contact Person Project Location: COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 Code Amendment 13-001 (Ord. No. 1429) City of Tustin 300 Centennial Way Tustin, California 92780 Amy Stonich, AICP, Senior Planner Phone: (714) 573-3126 Citywide Project Sponsor's Name and Address: City of Tustin General Plan Land Use Designation: Citywide Zoning Designation: Citywide Project Description: Code Amendment 13-001 (CA 13-001) Amend Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Surrounding Uses: N/A Other public agencies whose approval is required: ❑ Orange County Fire Authority ❑ City of Irvine ❑ Orange County Health Care Agency F-1 City of Santa Ana ❑ South Coast Air Quality Management ❑ Orange County EMA District ❑ Other Attachment: EXHIBIT 1:Tustin Planning Area Code Amendment 13-001 (CA 13-001) B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED City of Tustin The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ❑ Aesthetics F-J Air Quality F-1 Cultural Resources ❑ Hazards & Hazardous Materials F-1 Land Use/Planning F-1 Noise ❑ Public Services F-1 Transportation/Traffic ❑ Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture Resources ❑ Biological Resources ❑ Geology/Soils ❑ Hydrology/Water Quality ❑ Mineral Resources ❑ Population/Housing ❑ Recreation F-1 Utilities/Service Systems Z I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. F-J I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. F-1 I find that although the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitin,qtion measures that are imr)osed upon the r)ror)osed oroiect. and no further 2 Code Amendment 13 -001 (CA 13 -001) City of Tustin D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2) All answers must take into account the whole action involved, including off -site, on -site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made and EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross - referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a Code Amendment 13-001 (CA 13-001) City of Tustin previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. Code Amendment 13-001 (CA 13-001) E. INITIAL STUDY Issues: AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rocks outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? F-] City of Tustin Less Than F� Significant F-1 Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact F-] ❑ F-1 F� F-1 F-1 F-1 F� F-1 ❑ F-1 F� 1-1 F-1 F-1 M Discussion: Code Amendment 13-001 (Ordinance No. 1429)— Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The City of Tustin General Plan encourages protection of scenic views and resources through site planning and architectural design and through implementation of the Grading and Excavation Code and Manual. The ordinance is intended to update the Zoning Code with text amendments including terminology, definitions, and standards to reflect California State Law. The ordinance is not anticipated to affect any scenic resources in that there are no physical changes proposed. Therefore, this project will not have a substantial adverse effect on a scenic vista. 5 Code Amendment 13 -001 (CA 13 -001) City of Tustin b) No Impact. The General Plan Circulation Element does not identify any State scenic highways within the City. There are no impacts related to the Ordinance in that the text amendments will consolidate standards and provide clarification in the Zoning Code. Therefore, no impacts are anticipated from the implementation of the proposed project. c) No Impact. The code amendment does not exempt individual projects from review. Impacts related to any future project may be identified and evaluated in conjunction with the applicable discretionary process and may be subject to separate CEQA review. Therefore, no impacts are anticipated from the implementation of the proposed project. d) No Impact. The code amendment will not create a source of light and glare. The amendment seeks to protect scenic views through the addition of light and glare regulations to the Zoning Code. Individual projects may be subject to providing a photometric plan and additional review may be required on a case -by -case basis for lighting of parking lots and loading areas. However, there is no impact associated with this project. Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code ro Code Amendment 13-001 (CA 13-001) City of Tustin Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, 0 D Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for El ❑ El Z agricultural use, or a Williamson Act contract? c) Involve other changes in the El El El Z existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate Code Amendment 13-001 (CA 13-001) City of Tustin standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions, a) No Impact. The code amendment will not result in the conversion of farmland to a non- agricultural use. The code amendment will incorporate text amendments including changes to updates to terms in the definitions and include figures where appropriate and updates to terminology and definitions. Furthermore, since there are no improvements proposed in conjunction with this project, it will not result in any impacts to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland). b) No Impact. The code amendment will not result in conversion of farmland to a non-agricultural use. There are no areas subject to a Williamson Act contract, and conservation of farmland in the Tustin Planning Area. Impacts related to any future project would be identified and evaluated in conjunction with each specific project. Therefore, no impacts are forecast to occur as a result of implementation of the code amendment. c) No Impact. As described in Response II.b above, the proposed project will not directly impact or result in the conversion of existing farmland uses to non-agricultural uses. Therefore, no impacts are forecast to occur as a result of implementation of the code amendment. Mitigation Measures/Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. A Guide to The Farmland Mapping and Monitoring Program, 2004 Edition http://www.conservation.ca.gov/dirp/fmmp/Documents/fmmp guide 2004.pd Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Ill. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct El 1-1 z implementation of the applicable air quality plan? I Code Amendment 13-001 (CA 13-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated b) Violate any air quality standard 0 F-1 F� or contribute substantially to an existing or projected air quality violation? C) Result in a cumulatively F-1 Z considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to F-1 F-1 0 Z substantial pollutant concentrations? e) Create objectionable odors 0 0 F-1 Z affecting a substantial number of people? Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impacts. The proposed project would not conflict with or obstruct implementation of the applicable air quality plan, as prepared by the South Coast Air Quality Management District (SCAQMD) in the Air Quality Management Plan (AQMP) for the South Coast Air Basin. No physical improvements are proposed in conjunction with the code amendment. Impacts related to any future project would be identified and evaluated in conjunction with the discretionary review process and/or Code Amendment 13-001 (CA 13-001) City of Tustin applicable specific plan or other review document and may be subject to separate CEQA review. Therefore, no impacts are forecast to occur as a result of implementation of the code amendment. b-e) No Impacts. Grading and development activities are not associated with the proposed code amendment. Impacts related to any future project would be identified and evaluated in conjunction with the discretionary review process and/or applicable specific plan or other review document and may be subject to separate CEQA review. Furthermore, projects are subject to the City's standard conditions of approval to minimize local nuisance from grading and construction activities. This condition is in conformance with the SCAQMD requirements and therefore, no impacts are anticipated to occur. Mitigation Measures/Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: IV. BIOLOGICAL RESOURCES. Would the project: Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ME Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ El o ❑ 1-1 a Al Code Amendment 13 -001 (CA 13 -001) Issues: c} Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d} Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e} Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate ll Code Amendment 13-001 (CA 13-001) City of Tustin standards for open space for high density housing, incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a, b) No Impact. The California Fish and Game Code was adopted by the State legislature to protect the fish and wildlife resources of the State. Special permits are required for any lake or stream alterations, dredging or other activities that may affect fish and game habitat. No physical improvements are currently proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with the California Fish and Game Code and may be subject to separate CEQA review. Therefore, no impacts will result with implementation of the code amendment. c) No Impact. In accordance with the City's existing permit (Order No. R8-2002-0010 and NPIDES No. CAS618030) with the Regional Water Quality Control Board, Santa Ana Region, any future applicant may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) to ensure grading and reclamation activities do not allow runoff from the site to carry sediment during a storm event to impair the water quality. The code amendment will incorporate text amendments to update the Zoning Code. Any future project that is considered a priority project will be required to prepare a Water Quality Management Plan (WQMP) as part of the discretionary review process to ensure runoff from the site, due to ongoing operations, does not impair water quality downstream. Therefore, no impact is anticipated as part of the code amendment that could cause a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. d) No Impact. As discussed in response IV.a, b, the code amendment does not propose any physical changes. The code amendment will incorporate modifications including spelling and grammar corrections, changes to reflect California State Law, and updates and terminology and definition updates to the Zoning Code. Impacts related to any future project could be identified and evaluated as part of the discretionary review process in conjunction with the California Fish and Game Code and may be subject to separate CEQA review and conditions of approval limiting grading activities. Therefore, no impacts are anticipated from the implementation of the code amendment. e) No Impact. The City's General Plan Conservation/Open Space/Recreation Element mandates continued maintenance of significant tree strands. New developments may require a biological assessment as required in the review process. This code amendment will incorporate modifications including the incorporation of standards for open space for high density housing. These standards are consistent with other open space requirements in the City of Tustin and other surrounding Cities and will ensure the development and maintenance of minimum open space areas for high density housing. Other modifications to be incorporated in the code amendment will not change or impact current biological resource policies. Future development applications may be subject to further discretionary review for consistency with any local policies or ordinances protecting biological resources. Therefore, there is no impact. f) No Impact. The City of Tustin is a participating member of the Natural Community Conservation Plan (NCCP) and is within the Coastal Sub/Central Orange County NCCP region. No physical improvements are currently proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with the applicable NCCP/HCP plan or any other conservation plan and may be subject to separate CEQA review. Therefore, the code amendment has no impact. 12 Code Amendment 13-001 (CA 13-001) City of Tustin Mitigation Measures/Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Department of Fish and Game, NCCP http://www.dfq.ca.gov/habcon/nccp/index.htmi Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse El 0 El F� change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse El D El M change in the significance of an archaeological resource pursuant to § 15064.5? C) Directly or indirectly destroy a El El El Z unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, El El Z including those interred outside of formal cemeteries? Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. 13 Code Amendment 13-001 (CA 13-001) City of Tustin a) No Impact. The City of Tustin General Plan sets out conservation goals to maintain and enhance the City's unique culturally and historically significant building sites or features. Specifically, Policy 12.1 Identify, designate, and protect facilities of historical significance, and Policy 12.3 Development adjacent to a place, structure or object found to be of historic significance should be designed so that the uses permitted and the architectural design will protect the visual setting of the historical site. Since the zoning code amendment will not change or alter the physical environment and each individual project will be subject to the City's Goals and Policies of the General Plan, the project is not anticipated to create a substantial adverse change to historical resources and no impacts are forecast from the implementation of the proposed project. b, c) No Impact. According to the City of Tustin General Plan Conservation/Open Space/Recreation Element (Goal 13), and the Standard Conditions of Approval, individual projects will be subject to site inspection by certified archaeologists or paleontologists for new development in designated sensitive areas. These conditions will be required on a case-by-case basis for individual projects subject to discretionary review; however this code amendment proposes no physical changes. Therefore, no impacts related to archaeological resources would result from the proposed project. d) No Impact. No physical improvements are currently proposed in conjunction with the code amendment. As such, the project will not adversely affect, destroy or disturb human remains. Impacts related to any future project would be identified and evaluated through the discretionary review process in conjunction with a specific project and standard conditions of approval applied; however, no foreseeable impacts related to cultural resources are anticipated. Mitigation Measures/Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: VI GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 14 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Code Amendment 13-001 (CA 13-001) Issues: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property? 15 ❑ ❑ City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact ❑ Mitigation ❑ z Incorporated ❑ ❑ 1:1 ❑ z ❑ ❑ ❑ z ❑ ❑ ❑ z ❑ 1:1 ❑ z ❑ r-1 ❑ z ❑ ❑ ❑ ❑ ❑ ❑ ❑ z Code Amendment 13-001 (CA 13-001) Issues: e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 1:1 1:1 F1 F� Discussion: Code Amendment 13-001 (Ordinance No. 1429) - Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a (i) No Impact. According to the City of Tustin General Plan, Public Safety Element, the Tustin Planning Area (Planning Area) lies within a seismically active region. However, there are no known active or suspected potentially active faults identified within the Planning Area. The El Modena fault passes through the Planning Area's northern section; however, studies have not been conclusive about the active/inactive status of this fault. The code amendment proposes no physical changes and individual proposals would be subject to individual review. Therefore, no impacts associated with rupture of a known earthquake fault are anticipated with the implementation of the code amendment. a (ii) No Impact. There is no evidence of any active or potentially active faults within the Tustin Planning Area (Planning Area) and it is not located within an Alquist-Priolo Earthquake Fault Zone. However, the Planning Area is located in the seismically active region of southern California. Slight to intense ground shaking is possible at within the Planning Area if an earthquake occurs on a segment of the active faults in the region. Under current seismic design standards and California Building Code (CBC) provisions, new buildings would incur only minor damage in small to moderate earthquakes, and potential structural damage during a large earthquake, although new buildings are expected to remain standing during such events (City of Tustin General Plan, Safety Element). With application of the provisions of Chapter 16A Division IV of the 1998 California Building Code and the Structural Engineers Association of California, (SEAOC) guidelines, adequate structural protection in Structure! Association - the event of an earthquake would be provided, thus reducing impacts from strong seismic ground shaking to a less than significant level. Since there is no development associated with the zoning IT61- Code Amendment 13-001 (CA 13-001) City of Tustin code amendment and individual projects would be subject to the California Building Code and the SEAOC guidelines, no impacts will occur as part of this project. a (iii -iv) No Impact. There is no development associated with the zoning code amendment and individual projects would be subject to the California Building Code and the SEAOC guidelines. Furthermore, a standard condition of approval requiring a soils report will be required prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this code amendment. b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, during construction of any future project, the applicant will be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment controls, tracking controls, wind erosion control, non-storm water management, and materials and water management. A standard condition of approval requiring BMP's as part of individual development plans may be required as part of the discretionary review process prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this project. c-d) No Impact. As indicated in VLa (ii) above, there is no development associated with the zoning code amendment. Individual projects would be subject to the California Building Code and the SEAOC guidelines. A soils report prepared by a certified soils engineer may be required as part of any project on a case-by-case basis. Since there is no development associated with the zoning code amendment, no impacts will occur as part of this project. e) No Impact. The code amendment does not involve the use of septic tanks or alternative wastewater disposal systems. On a case-by-case basis as part of the discretionary review process, any future proposed project may be subject to submit a site-specific geotechnical investigation for the site and preparation of a geologic and soils report prepared by a certified soils engineer. Therefore, no impacts will occur from the implementation of the proposed project. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. OC Watersheds hftp://www.ocwatersheds.com/dampreport/default.aspx?ID=1000358 17 Code Amendment 13 -001 (CA 13 -001) City of Tustin VII HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? is INI IN1 07 ❑E 101 ■❑ ❑D IN ❑0 C. 0 II4 1►�1 ►1 /1 ►/ Code Amendment 13-001 (CA 13-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? FE 101 X FOR a 1-01 07 IM-1 101 rolV4] 2 I GO i Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a - c) No Impact. The project involves the implementation of a new zoning code amendment to make modifications and updates to the Zoning Code. There are no hazardous materials proposed as part of this project. Each individual development project will be subject to review on a case-by-case basis for hazardous materials. Therefore, no impacts related to this issue will result from the proposed project, and no mitigation measures are required. d) No Impact. This project does not involve a specific hazardous materials site. Any new project will be subject to review with the list compiled pursuant to Government Code Section 65962.5. A 19 Code Amendment 13-001 (CA 13-001) City of Tustin standard condition of approval may require a site-specific geotechnical investigation for the entire site and preparation of a geologic and soils report will be required as part of the project. Therefore, no impacts related to this issue will result from the proposed project. e - f) No Impact. According to the City's General Plan Circulation Element, air travel is available from John Wayne Airport in Orange County, approximately five miles to the south by surface roadway. However, the Tustin Planning Area does not lie within any of John Wayne's safety zones. The former MCAS Tustin helicopter station was located in the southern portion of the City. A Specific Plan for reuse of the base has resulted in the elimination of aviation uses, with the exception of heliports individually permitted or blimp operations as an interim use. New development will be subject to review with the Airport Land Use Commission if necessary. Any conditions of approval will be incorporated into each individual project where necessary. Therefore, no safety hazards are anticipated related to this issue. g-h) No Impact. The zoning code amendment will incorporate text modifications into the zoning code. It would not involve any changes or uses that would interfere with the City's Emergency Operations Plan or with major emergency evacuation routes out of the area; nor is it anticipated to expose people or structures to a significant risk of loss, injury or death wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Therefore, there are no impacts associated with this issue. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: Vill HYDROLOGY AND WATER QUALITY. Would the project: a) During project construction, substantially impair the water quality of receiving waters? In considering water quality, factors such as water temperature, dissolved oxygen levels, and turbidity should be considered. HE Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated F-1 F-1 F-1 F� Code Amendment 13-001 (CA 13-001) Issues: b) Following project construction, substantially impair the water quality of receiving waters? In considering water quality, factors such as water temperature, dissolved oxygen levels, and turbidity should be considered. C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in flooding- or off- site? d) Substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off- site? f) Otherwise result in substantial increased erosion or siltation on- or off-site? 21 ❑ D 1-1 ❑ 1:1 1:1 ❑ M ❑ 1-1 ❑ F� ❑ ❑ 1:1 F� City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ E ❑ D 1-1 ❑ 1:1 1:1 ❑ M ❑ 1-1 ❑ F� ❑ ❑ 1:1 F� Code Amendment 13-001 (CA 13-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated g) Change runoff flow rates or El El El F1 volumes in a manner that substantially alters the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, and results in a significant adverse environmental impact? h) Create or contribute runoff El F-1 1-1 F� water that would exceed the capacity of existing or planned stormwater drainage systems? i) Increase impervious surfaces El ❑ El F� and runoff in a manner that substantially impairs water quality or causes other significant adverse environmental impacts? D Provide substantial additional El E-1 sources of polluted runoff or increase the discharges of pollutants such as heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen- demanding substances, and trash? k) For projects that are tributary to 0 E-1 0 F� water bodies that are listed as impaired on the Clean Water Act section 303(d) list, result in an increase of any pollutant for which the water body is listed as impaired? 22 Code Amendment 13-001 (CA 13-001) Issues: Substantially degrade or impair an environmentally sensitive area? M) Substantially degrade or impair surface water quality of marine, fresh, or wetland waters? n) Substantially degrade or impair groundwater quality? 0) Substantially degrade aquatic, wetland, or riparian habitat? P) Otherwise substantially degrade water quality? q) Cause or contribute to an exceedance of applicable surface water or groundwater receiving water quality objectives or degradation of beneficial uses? r) Violate any other water quality standards or waste discharge requirements? S) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 23 ❑ ❑ ❑ ❑ F-1 ❑ City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact ❑ Mitigation 1:1 ❑ Incorporated ❑ ❑ ❑ F� ❑ ❑ ❑ ❑ F-1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ F-1 ❑ ❑ ❑ ❑ ❑ 1:1 ❑ ❑ ❑ ❑ z ❑ ❑ ❑ z Code Amendment 13-001 (CA 13-001) Issues: Potentially Significant Impact Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? U) Place within a 100 -year flood hazard area structures that would impede or redirect flows? Expose people or structures to ❑ a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? W) Expose people or structures to ❑ a significant risk of inundation by seiche, tsunami, or mudflow? Less Than Significant With Mitigation Incorporated El City of Tustin Less Than No Significant Impact Impact 1:1 Z ❑ ❑ Z ❑ ❑ Z 1:1 ❑ Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a - b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program, which is designed to reduce pollutants in storm water runoff. The code amendment does not include construction of new facilities. Accordingly, during construction of any future development project, the applicant may be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment 24 Code Amendment 13-001 (CA 13-001) City of Tustin controls, tracking controls, wind erosion control, non-storm water management, and materials and water management. By preparing a SWPPP for NPDES compliance in addition to the standard conditions of approval for water quality, any future project could potentially meet all applicable regulations to manage runoff from the project site. Pollutants in storm water would be substantially reduced by source control and treatment BMPs. Since there is no development proposed as part of this project, there would be no impacts. c) No Impact. Construction of any future project may temporarily alter existing drainage patterns, as there would be areas of exposed soil during grading and excavation activities. If a storm event were to occur during these activities, exposed sediments may be carried off-site and into the local storm drain system increasing siltation. However, as discussed in Response No. VIII.a-b, any future project would be required, as part of the standard conditions of approval of the discretionary review process, to implement construction BMPs in compliance with the NPDES permit and Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. Therefore, there are no impacts associated with this project. d -e) No Impact. The code amendment provides update modifications into the Zoning Code. Any future project would be subject to individual review and may be subject to CEQA review. To ensure off-site drainage does not result in flooding on or off-site, any future applicant may be required, as part of the standard conditions of approval, to provide on-site hydrology and hydraulic calculations for the proposed development and hydraulic calculations for proposed connections to the existing storm drain system. This will ensure drainage improvements of any future project site will have a less than significant effect on the environment. However, this will be assessed as part of the discretionary review process; there are no impacts associated with the implementation of the code amendment. f) No Impact. Compliance with the NPDES permit (refer to Response VIII.a-b) and BMPs (discussed in Responses VIII.a-b, VIII.c, and VIII.d above) would reduce potential water quality impacts to less than significant levels. There are no impacts associated with the implementation of the code amendment. g - h) No Impact. The code amendment will provided updates and modifications into the Zoning Code. Future projects are not anticipated to generate or increase runoff typically associated with parking areas but would be reviewed on a case-by-case basis as part of the discretionary review process. Furthermore, adherence to an approved Water Quality Management Plan will help to minimize polluted runoff into the storm drain. Since there is no development associated with the zoning code amendment, individual projects may be subject to providing a WQMP. Therefore, no impacts will occur as part of this project. i+ No Impact. As described in response VIIIg-h, runoff typically increases with parking, however, there is no development associated with this zoning code amendment in that uses determined by the Community Development Director and/or Planning Commission to be similar to permitted and conditionally permitted uses will be incorporated into the Zoning Code. Individual projects may be subject to providing a WQMP on a case-by-case basis. Therefore, there are no impacts associated with the proposed project. k) No Impact. The code amendment will ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin through the 25 Code Amendment 13-001 (CA 13-001) City of Tustin incorporation of updates in California State Law, and updates of terminology and definitions into the Zoning Code. Any future project may generate and increase in runoff and types of pollutants (i.e.: some trash and oil/grease from vehicles). As discussed in Response No. Vill a-b and c), construction and operation of any new project will be subject to comply with the requirements of the Orange County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, any new applicant will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed project. Adherence to an approved Water Quality Management Plan will help to minimize polluted runoff into the storm drain. There is no development associated with this project and individual projects would be subject to providing a WQMP on a case-by-case basis. Therefore, no impacts will occur. 1) No Impact. There is no construction proposed as part of the code amendment. There are no Environmentally Sensitive Areas (ESA's) or Areas of Special Biological Significance (ASBS) identified on the San Diego Creek Watershed map. Therefore, there are no impacts associated with this issue. m) No Impact. There is no construction proposed as part of the code amendment. However, if a new development or redevelopment project involves the addition of 2,500 square feet or more of impervious surface and is located within, directly adjacent to (within 200 feet), or discharging directly to receiving waters within environmentally sensitive areas, then it qualifies as a priority project and is subject to additional requirements. Furthermore, individual projects may be subject to providing a WQMP on a case-by-case basis. However, there is no development associated with this project; therefore no impacts will occur. n) No Impact. The code amendment will make text modifications to the Zoning Code. There is no development associated with this project and future projects would be subject to individual review on a case-by-case basis, no impacts will occur as part of the code amendment. o) No Impact. As discussed in response Vill 1, there are no Environmentally Sensitive Areas (ESA's) or Areas of Special Biological Significance (ASBS) identified on the Sand Diego Creek Watershed map. Therefore, there are no impacts associated with the code amendment. p - q) No Impact. As discussed in Response No. Vill a, b, c, any future construction of individual projects will be subject to comply with the requirements of the Orange County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, any individual applicant will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed project. No impact is associated with the code amendment. r) No Impact. As discussed in Response No. Vill a- c, any future proposed construction and operation of an individual project may be subject to comply with the requirements of the Orange County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, individual applicants will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed project. No impact areas are anticipated as part of this code amendment. 26 Code Amendment 13-001 (CA 13-001) City of Tustin s) No Impact. As discussed in Response No. VIII n, since there is no development associated with this project and future projects would be subject to individual review on a case-by-case basis. No impacts will occur as part of the code amendment. t - u) No Impact. Any individual projects will Rate Map. The map would indicate whether development is proposed as part of this proje code amendment. be subject to review according to the Flood Insurance a project was subject to a flood zone. However, no ,t. Therefore, there are no impacts associated with the v) No Impact. In the unlikely event of flooding as a result of the failure of a levee or dam, the City has implemented an Emergency Preparedness Plan that addresses several hazard areas including flooding. This Emergency Preparedness Plan has been reviewed by State and Federal agencies which have their own roles in the event of an emergency. Any future development project would be subject to review on a case-by-case basis as to whether or not it is within a flood zone (as addressed in VIII t-u) and potentially subject to significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. However, there are no impacts associated with the code amendment. w) No Impact. Any future development projects would be subject to review to determine whether the project is within an area that has been identified as susceptible to liquefaction or potential bedrock landslides. These areas are identified on Figure COSR-1 of the City's General Plan. When development is proposed within these areas, studies shall be performed as directed by the City to determine the potential for hazards and the amount of development which is supportable on the site. As described in VIII v, in the unlikely event of inundation by seiche, tsunami, or mudflow an individual project would be part of the City's Emergency Preparedness Plan. Therefore, no impacts associated with the code amendment. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. OC Watersheds http:// www. ocwatersheds. com/ dampreport /default.aspx ?ID= 1000358 Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated IX LAND USE AND PLANNING. Would the project: a) Physically divide an established 0 community? 27 Code Amendment 13-001 (CA 13-001) City of Tustin b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? FOR -0 FE X 0 10 N 1041 Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The code amendment will provide updates to the Zoning. The code amendment is not anticipated to physically divide an established community in that the incorporation of amendments will ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Therefore, no impacts will occur. b) No Impact. The City's General Plan indicates the following: Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Specifically, Policy 2.1: Consider all General Plan goals and policies, including those in the other General Plan elements, in evaluating proposed development projects for General Plan consistency. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. The code amendment will provide updates and modifications that are necessary for consistency with the City's General Plan and other State laws. Therefore, the project is in conformance with the General Plan, and there are no conflicts related to the implementation of the code amendment. c) No Impact. As indicated in response IV f, the City of Tustin is a participating member of the Natural Community Conservation Plan (NCCP) and is within the Central/Coastal Orange County 28 Code Amendment 13 -001 (CA 13 -001) City of Tustin region. No physical improvements are currently proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with the applicable NCCP /NCP plan or any other conservation plan and may be subject to separate CEQA review. As a result, no impacts are anticipated from the implementation of the code amendment. Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: X MINERAL RESOURCES. Would the project: a} Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ • II [►11 Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. 29 Code Amendment 13-001 (CA 13-001) City of Tustin a -b) No Impact. According to the City of Tustin Conservation/Open Space/Recreations Element (Figure COSR-2) there are no known mineral resources within the City that would be of value to the region and the residents of the state. Therefore, there are no project related impacts associated with mineral resources. Issues: X1 NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 30 Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ 1-1 70 70 IN-1 X D D IN-1 FNI No Impact ll*lll I GO I OR Code Amendment 13 -001 (CA 13 -001) Issues: f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated El a a Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a -d) No Impact. The City of Tustin General Plan Noise Element, and the City's Municipal Code, Chapter 6 Section 4614, Noise Control (Noise Ordinance) establish noise standards for the City. The Safety and Noise Element addresses noise with respect to general land use compatibility, while the Noise Ordinance addresses noise from specific sources. The Noise Ordinance established exterior noise standards of 55 dBA during the daytime hours between 7:00 a.m. and 10:00 p.m. and 50 dBA during the nighttime hours between 10:00 p.m. and 7:00 a.m. These noise standards are adjusted further based on the cumulative duration of the noise occurrence, as well as the prevailing ambient noise levels near the project. Each future individual project will be subject to review on a case -by- case basis. The proposed project does not include new development and would not expose people to excessive noise; therefore, no impact will occur as a result of this project. e -f) No Impact. As indicated in response VII e -f, according to the City's General Plan Circulation Element, air travel is available from John Wayne Airport in Orange County, approximately five miles to the south by surface roadway. However, the Tustin Planning Area does not lie within any of John Way's safety zones. The former MCAS Tustin helicopter station was located in the southern portion of the City. A Specific Plan for reuse of the base has resulted in the elimination of aviation uses, with the exception of heliports individually permitted or blimp operations as an interim use. New development could be subject to review with the Airport Land Use Commission if necessary as well as with the Noise Ordinance. Any conditions of approval will be incorporated into each individual project where necessary. No impact will occur as a result of this code amendment. 31 Code Amendment 13 -001 (CA 13 -001) City of Tustin Mitigation Measures /Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: XII POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ No Impact VIA] ❑ rq Discussion: Code Amendment 13-001 (Ordinance No. 1429) —Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. 32 Code Amendment 13 -001 (CA 13 -001) City of Tustin a) No Impact. The Tustin Planning Area is an established and urbanized area. There is no development associated with the code amendment. Zoning Code modifications including spelling and grammar corrections, changes to reflect California State Law, and updates to definitions will be incorporated into the Zoning Code. It is not anticipated to substantially increase population growth. Therefore, no impact on the local or regional population is expected to occur. b) No Impact. There are no physical improvements in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated on a case -by -case basis as part of the discretionary review process. Therefore, no housing would be displaced by the implementation of the proposed project and there are no impacts associated with this code amendment. c) No Impact. As stated in Response No. XII b) no development associated with the code amendment. No persons would be displaced by the implementation of the proposed project. Therefore, there are no impacts associated with this issue. Mitigation Measures /Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XIII PUBLIC SERVICES. Would the project: a) Result in substantial adverse El ❑ 0 physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? 1:1 0 0 Police protection? 0 [] D 33 Code Amendment 13-001 (CA 13-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Schools? D E-1 E-1 Z Parks? 1:1 1:1 E-1 Z Other public facilities? F1 El El Z Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) Fire protection. No Impact. The Orange County Fire Authority provides fire protection for the City of Tustin on a contractual basis. All water mains and fire hydrants must be constructed in accordance with Orange County guidelines and are subject to approval by the Orange County Fire Authority. Adherence to these guidelines will ensure that no significant impacts on fire protection services will occur. Future projects may be subject to individual review by the Fire Authority as part of the discretionary review process routing process. Therefore, there are no impacts related to fire protection. Police protection. No Impact. The Tustin Police Department provides law enforcement services within the City of Tustin. Routine and scheduled patrolling is done throughout the City and would continue as they do under existing conditions. It is not anticipated that the proposed parking ordinance would require additional officers. Rather, it is assumed that the Police Department will continue to assess and evaluate its crime statistics for problem areas within the City. No impacts associated with the implementation of the code amendment. Schools. No Impact. The code amendment will not provide housing that would generate demand for additional schools. The project will not increase student population necessitating a need for new or expanded school facilities. No impacts are anticipated. 34 Code Amendment 13 -001 (CA 13 -001) City of Tustin Parks. No Impact. The code amendment does not propose new construction. Any future project may be subject to further discretionary review. However, the project is not anticipated to generate a demand for additional parks. No mitigation measures are required. Other Public Facilities. No Impact. The code amendment is not anticipated to result in any substantial increase in demands on other government services or public facilities such as roads, libraries, hospitals, or post offices. Future projects are not anticipated to generate traffic however; should impacts be associated with an individual project, they would be reviewed and considered on a case -by -case basis and conditions of approval included as necessary to mitigate impacts. No increased need for maintenance of these public facilities is anticipated. No mitigation measures are required. Mitigation Measures /Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: XIV RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ No Impact /1 N Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: 35 Code Amendment 13-001 (CA 13-001) City of Tustin Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions, a -b) No Impact. The code amendment will provide updates to the Zoning Code and incorporate spelling and grammar corrections, changes to reflect California State Law, and updates to definitions. The proposed project does not involve the construction of uses that will increase demand for parks. Therefore, the proposed project will not adversely impact existing recreational facilities. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: XV TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 36 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 1:1 ❑ ❑ ❑ F-1 ❑ z ❑ ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) Issues: d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Potentially Less Than Significant Significant Impact With Mitigation Incorporated El IN City of Tustin Less Than No Significant Impact Impact D ❑ ❑ ❑ ❑ ❑ ❑ Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. Construction and operation of future projects could potentially generate traffic. These impacts would be reviewed and considered on a case -by -case basis and conditions of approval included as necessary to mitigate impacts. The proposed project is not anticipated to impact traffic. No mitigation is necessary. b) No Impact. The City has adopted a Congestion Management Program (CMP) to reduce traffic congestion and to provide a mechanism for coordinating land use development and transportation improvement decisions. Any future project will require review and conformance with the requirements of the Tustin General Plan and the CMP. However, no improvements are proposed as part of this project. Therefore, it would have no impact and no mitigation is necessary. 37 Code Amendment 13-001 (CA 13-001) City of Tustin c) No Impact. The code amendment will incorporate similar uses and provide updates and modifications to the Zoning Code. It is not anticipated to produce any air traffic increases, nor would existing air traffic patterns impact it. No impacts are anticipated from implementation of the code amendment. d) No Impact. The code amendment will incorporate changes to reflect California State Law, and updates to definitions in the Zoning Code. Therefore, the code amendment is not anticipated to cause hazardous conditions or allow incompatible uses. No impact will occur as part of this code amendment. e) No Impact. The code amendment does not include any new development and will not result in inadequate emergency access. Future development will be reviewed and considered on a case-by- case basis and conditions of approval included as necessary to mitigate impacts. No mitigation is necessary. f) No Impact. The code amendment will incorporate similar uses and provide updates to the Zoning Code. Any future project may be subject to discretionary review which includes providing minimum parking for new uses. Therefore, there is no impact to this issue and no mitigation is necessary. g) No Impact. The code amendment will not conflict with adopted policies, plans, or programs supporting alternative transportation in that the new ordinance will provide that will better organize and supplement Tustin's Zoning Code and changes to reflect California State Law, and updates. These regulations are consistent with the City's Circulation Element which addresses the circulation improvements needed to provide adequate capacity for future land uses. The Element establishes a hierarchy of transportation routes with specific development standards. Future projects will be required to conform to the City's Circulation Element based on individual review. Therefore, there is no impact to this issue and no mitigation is necessary. Mitigation Measures/Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code XVI Issues: UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 91K Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated 0 0 El olk"$M a Code Amendment 13-001 (CA 13-001) Issues: b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et. Seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221). e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 39 Potentially Less Than Significant Significant Impact With Mitigation Incorporated —0 FM IN 70 IN] X FN 70 City of Tustin Less Than No Significant Impact Impact 101 1-01 U FOR VON 0 a WAS Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated f) Be served by a landfill with El El 1-1 sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and E El local statutes and regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? Discussion: Code Amendment 13-001 (Ordinance No. 1429) - Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The Tustin Planning Area is located within the jurisdiction of the Regional Quality Control Board, Santa Ana Region. The code amendment does not include new development. Any wastewater generated by future projects may be subject to review for impacts on wastewater facilities as part of the discretionary review process. Typically, any increase in wastewater flows resulting from an off - street parking project would be minimal, Future development would be required to comply with local and state regulations to minimize any potential impacts from hazardous materials use. As discussed in Section VIII. Hydrology and Water Quality, any future project may be required to 40 Code Amendment 13 -001 (CA 13 -001) City of Tustin implement standard BMPs to control storm water runoff at the project site. Therefore, no impacts are associated with this project. b) No Impact. The City of Tustin and Irvine Ranch Water District (IRWD) provides water and Orange County Sanitation District (OCSD) and IRWD both provide wastewater services within the Tustin Planning Area. The code amendment does not include new development. The amount of potable water needed and wastewater generated by a future project be reviewed on a case -by -case basis for any potential to cause significant environmental impacts and would most likely be nominal. Minor infrastructure improvements may be required to provide on -site connections from the existing water and wastewater services to any new project. Since there are no new wastewater treatment facilities or potable water facilities will be needed as part of this code amendment there are no impacts. c) No Impact. As discussed in Response No. XVI a) above, the code amendment will incorporate text updates. Future projects would be required to comply with local and state regulations to minimize any potential impacts from expansion of existing facilities. Any future project may be required to implement standard BMPs to control storm water runoff at the project site and may incorporate construction and post- construction BMPs in compliance with the NPDES permit and Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. However, there are no impacts from implementation of the proposed code amendment. d- e) No Impact. As discussed in Response No. XVI b) above, the code amendment will incorporate updates. Any increase in water demand from any future project is anticipated to be nominal and would be considered and mitigated as necessary on a case -by -case basis. No mitigation measures are required. f -g) No Impact. CR &R Waste Services provides solid waste collection and disposal services to the City of Tustin. Any solid waste generated a future project would be diverted to a transfer station and then to the Bee Canyon /Bowerman Landfill located at 11002 Bee Canyon Access Road in Irvine. The zoning code amendment does not propose any construction. Furthermore, any future project would be required to comply with local, state, and federal requirements for integrated waste management (i.e. recycling) and solid waste disposal. Waste Management provides recycling opportunities to businesses and institutions, although implementation of recycling programs by businesses and institutions is voluntary. The project is anticipated to have no impact on landfill capacity. h) No Impact. The code amendment will incorporate updates and uses previously determined to be similar to permitted and conditionally permitted uses of the Zoning Code. A Standard Condition of Approval will be added to individual future projects requiring a Water Quality Management Plan (WQMP) for the use of non structural and /or structural BMPs including but not limited to tenant education, activity restrictions, street sweeping, landscaped areas with efficient irrigation and limited run -off, strategically placed catch basins with fossil filters, and catch basin stenciling. BMPs required as part of an individual project would not necessarily result in any significant environmental effect. No impact as part of this project. Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 41 Code Amendment 13-001 (CA 13-001) City of Tustin 3. OC Watersheds http://www.ocwatersheds.com/dampreport/default.aspx?ID=1000358 Issues: XVII MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ 1-1 ❑ ❑ ❑ 1-1 • 09411 D F� El M Discussion: Code Amendment 13-001 (Ordinance No. 1429)— Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code 42 Code Amendment 13-001 (CA 13-001) City of Tustin 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. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The proposed code amendment will incorporate text modifications to the Tustin City Code. There is no development proposed as part of this code amendment, therefore, the project will not have the potential to significantly impact sensitive resources. b) No Impact. As discussed in response XVIla, the code amendment, as proposed, is consistent with the goals and objectives of the City's General Plan. Therefore, the project is not expected to have any cumulatively considerable impacts. c) No Impact. As demonstrated throughout this Initial Study, the proposed project will not have any significant effects considered cumulatively considerable. d) No Impact. As demonstrated throughout this Initial Study, the code amendment does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Mitigation Measures/Monitoring Required: Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code No additional mitigation measures required. 43 CUSTIN NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Fee Exempt per Govt. Code Section 6103 Notice is hereby given that the public agencynamed below has completed an Initial Study of the following described project at the following location: Citywide in City of Tustin Public Agency: City of Tustin Project Name: Code Amendment 13 -001 (CA 13 -001) (Ordinance No. 1429) Project Location — Identify street address and cross Citywide (See attached) j I streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): This Initial Study was completed in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration /Miti gated Negative Declaration. The Initial Study reflects the independent judgment of the City. ❑ The Project site IS on a list compiled pursuant to Government Code section 65962.5. ® The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5. ❑ The proposed project IS considered a project of statewide, regional or areawide significance. ® The proposed project IS NOT considered a project of statewide, regional or areawide significance. ❑ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. ® The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. i ❑ A seoping meeting WILL be held by the lead agency. ® A seeping meeting WILL NOT be held by the lead agency. If the project meets the criteria requiring the seoping meeting, or if the agency voluntarily elects to bold such a meeting, the date, time and location of the seoping meeting are as follows: Date: _ ;Time; Location: Copies of the Initial Study and Draft Negative Declaration /Mitigated Negative Declaration are on file and are available for public review at City Hall, located at: City Hall address: Community Development Department, 300 Centennial Way, Tustin, California 92780 ❑ i Comments will be received until the following date: February 20, 2013 through March 12, 2013 at 4:00 P.M. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. The City Council will consider the project and the Draft Negative Declaration /Mitigated Negative Declaration at its meeting on: Date: April 16, 2013 :Time: 7:00 P.M. � If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration /Mitigated Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Signature: ° Title: Senior Planner Staff Name: Amy Stonich, AICP Phone: (714) 573- 3126 CITY OF TUSTIN NOI T :::- I RI vi- F1 GENER.AL PLAN, February 22, 2005 U Tustin Planning Area COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 Project Title: CODE AMENDMENT 13-001 Project Location: Citywide Project Description: Code Amendment 13-001 (CA 13-001) proposes the incorporation of text amendments to Articles 4 and 9 of the Tustin City Code (TCC). The incorporation of text amendments into the Zoning Code will ensure that the Tustin Zoning Code will be internally consistent, consistent with the requirements of California State Law by incorporating legal updates, and consistent with the Tustin General Plan. Project Proponent: The City of Tustin Lead Agency Contact Person: Amy Stonich, AICP, Senior Planner Telephone: (714) 573-3126 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: F;J That there is no substantial evidence that the project may have a significant effect on the environment. F-1 That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON March 12, 2013 Date Elizabeth A. Binsack Community Development Director EXHIBIT B 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 it 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 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. 1429 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 16, 2013, the Tustin City Council held a noticed public hearing and considered Code Amendment 13 -001 and adopted Resolution No. _ approving the Negative Declaration and Initial Study prepared for CA 13 -001 (Ordinance No. 1429), to amend the Tustin City Code Code Amendment 13 -001 is hereby approved. The Tustin City Code is hereby amended as provided in Exhibit 1 attached hereto. 111. 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@ regular meeting on the m day of 2013. ELWYN A. MURRAY, Mayor JEFFREY C.PARKER CITY CLERK STATE OF CALIFORNIA \ COUNTY OFORANGE ) 88 CITY OFTUST|N ) CERTIFICATION FOR ORDINANCE NO. 1429 JEFFREY C. PARKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin' California, dO8S h8[8bv certify that the vvhO|8 OUrnbRr of the [D8Dlb8rS of the City Council of the City of Tustin i8 5; that the 8bOVR and foregoing {}ndiD8DC8 NO. 1420 was duly and regularly iOtn]dUC8d at G regular meeting of the Tustin Cib/ �OUDCi|' h�{d OD Ul� __ m day Of_____. 2013 and was given its second reading, passed, and adopted 3t8 regular meeting Of the City Council held on the m day of _, 2013 by the following vote: COUNC|LN|EK4BER AYES: COUNC|L[NE[NBER NOES: COUNQLW1EMBER ABSTAINED: C0UNC|LME[NBER ABSENT: JEFFREY C. PARKER Qty 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 3Of the Tustin City Code iS hereby amended 8Sfollows: 1. Section 4310iS hereby added 8Sfollows: 4316 REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS a Purpose 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 waste and recyclable materials for transportation to a mixed-waste processing or material recoverV facility. 701111111FORMATUO "A For the purposes of this section, the following words shall have the following "Development project" means any of the following: (1) A proiect for which a building permit is required for a new commercial, industrial or institutional building, or residential building having five (5) o more living units where solid waste is collected and loaded, or any residential project where solid waste is collected and loaded in a location serving five (5) or more living units. (2) Any new public facility where solid waste is 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 an existing commercial, industrial, or public facility proiect where the existing floor area of the subject building is expanded by fifty (50) percent or more. "Improvement" means a phVsical 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 facilitV, and do not substantially extend the life of the facility. "Public facility" means any building, structure, or outdoor recreation area owned by a local agency. Ordinance No. 1429 — Exhibit 1 Page 12 "Recycling area (areas for recycling)" means any space allocated for collecting and loading of recyclable materials c Applicability (1) The City of Tustin's contract with its hauler requires the provision of a recycling bin and/or toter to each business and multifamily account in the City. In addition, all areas of the City of Tustin that are served by the collection of commingled solid waste and recyclable materials for transportation to a mixed-waste processing or material recovery facility are exempt from the provisions contained herein. Provided that the material recovery facility meets California state regulations on the efficiency of recyclable recovery, the City will consider granting an exemption of a case-by-case basis. (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, accessible, 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 of the living units which utilize the solid waste collection and lqqdincLarea, 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. Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is to be located.. (2) Any development that generates large amounts of organic waste such as pre- and post- consumer food waste and/or landscaping waste shall provide adequate room in the enclosure to house organic collection containers in addition to trash and recycling containers. Ordinance No. 1429 — Exhibit 1 Page 13 (3) The desiqn and construction of recyclinq 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 to maintaining adequate separation, fencing, and landscaping. (4) Recycling areas shall be enclosed by masonry wall with access gates and with a solid roof or awning which effectively obscures the contents placed within the enclosure. (5) Recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials. (6) Recycling areas or the bins or containers placed therein shall provide protection against adverse environmental conditions which might render the collected materials unmarketable. (7) 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 waste hauler. (8) 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 unencumbered, according to any applicable federal, state, or local laws relating to fire, access, building, transportation, circulation, or safety. (9) 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 recyclable materials should be adjacent to, or developed in coniunction with, the solid waste collection areas. (10) 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. (11) All areas for loading and collecting recyclable materials are subject to design review by the Community Development Department. 72 -C X Lli cli 0 Z co cu 0 n iri 70 (D E _0 0 (D 0 C\j tII ci 0') a) 75 0 12 O (n I c (D 0 a) > -0 cn a) u) a) E U) L- 13 E a) U) w -0 m cu Z a) c co 0 *4-- ct ct U) 70 cn > c 0 z ul I O bf IN 'RIC) 1,21 V C11 'Z rS P4 C\l �1 Z), P41 cl .2 x Lli 0') O ca C: �E5 IN if, I ro �4 (U zz Ff Lr) z z tt z E 4 C"i -�t Z ORjiD3OCe No. 1429- Exhibit 1. Page 16 2. Section 9221 i3 hereby amended aSfollows: 9221 RESIDENTIAL AGRICULTURAL DISTRICT (RA) G Permitted Uses and Development Standards In the Residential AohCU|tU[3| District (RA) only the fOU0vviDg US8S. (Or uses which, in the opinion Of the CO[DnOUOitv O8Ve|Opnn8nt [}in8Ct0r and/or the P|8DDiDg CODlnOiSSiOD, are Si0i|8[) will be allowed subject to the development S(8Od8rdS identified in Table 1 of Section 9220 and/or as otherwise specified inof this Chapter. 1. Single family dwelling (a) Maximurn heig4 30 feet (b) Minimum building site� 7, 00 square feet (G) Minernum lot width at property line: 60 feet or 4.101 1 et Fequired in GUI de saGS (d) Maximum lot Goverage� 40 perGen yard setbaGk� 20 fee MiR;murn side yard setback: Corner lot line� 10 feet, interior lot line: 5 feet (g) Minimum FeaF yaFd se+,'--,-@rk: 5 feet with not less than 1,000 square feet-, IM Minimum lot area per family --it: 7,200 squaFe feet 2. Light farming, 8XC9Dt cOOlDl8rC8l dairies, CODlD1eRci8| k3OO8|S, cOOlDle[Cia| rabbit, fox, goat O[ hog farms, 0r commercial chicken O[ poultry ranches. (a) Maximum height.- 311-1 fe-e (b) MiRiMum building site� 7,200 square feeet 5. ACCeSSOFy US8S DOrDl8||y iOCid8Dt8| to @ SiOQ|8 family dVv8//iOg or light farming. This iS not tObe construed 8S permitting any commercial use. 4. Crop and tree farming 5. Home occupations iD accordance with this Chapter. Ordinance No. 1429— Exhibit 1 Page 17 O. Large family day cane homes (subject to the provisions set forth in Section 027188). b Conditionally Permitted Uses and Development Standards The following US8S (or and other Us8S vvhiCh, in the Opinion of the COnlFDUnitv Dev8|OpDleDi Director 8Od/O[ the p|8DOiOg CO[nrniSSiOO, are SirDi|8[) may be conditionally permitted in the Residential Agricultural [)iSt[iCf (RA) SUbi8CL to the iSSU@DCe Of 8 CVDdiUOn8| Use Permit Chapter. identified in Table 1 of Section 9220 and/or as specified in this 1. Places of WorshipGhUFGhes, schools, parks, playgrounds, public utility and public and quasi-public buildings and uses, . (8) Maximum height: 3Ofeet /b\ Minimum building SK8: 20.000 SqVa[8 he8! for churches, 5 acres for schools, public utility and other uses 83 specified iD use permit. (S) K4ininluDl lot width at property line: 100 feet (d) Maximum lot coverage: 40 percent (8) K4iOinOUnO front yard setback: 25 [98t. UD|SSS otherwise indicated by Zoning Map AD K4iDirDu[O side yard setback: Corner lot line: 10 feet; Interior lot line: 5feSt (o) K4ininnU[O rear yard setback: 20 feet 2. The maintenance Of not over two (2) horses Or cows for private use provided that minimum land area b8 thirty /3O\ thousand square fee . ia\ K4iDirDU[O building Site: 30.000 square feet /b\ K4ininlUDl lot width: 100 feet (c) K4iDiD1UDl front yard setback: 00 feet, UOkeSS otherwise indicated by Zoning Map kj\ Minimum side yard setback: 20 feet (8) Minimum rear yard setback: 10feet 3. The 08int8D@DC8 Of not more than 25 rabbits or Gi0i(@[ S03|| @Oi03|S or C0rnrn8rCi8| chicken raising, (3) Maximum height: 3Ofeet [)R]in8Dce No. 1429— Exhibit 1 Page 18 /b\ Minimum building site: one (1)acre (c) K4iDiOluDl lot width at property line: 100 feet (d) Minimum front yard setback; 50 feet, Unless otherwise indicated by Zoning Map (8) MiOinnUnn side yard setback: C0Dle[ |[t line: 20 feet; |Oheh0r |[t line: 10 feet M Minimum rear yard setback: 10 feet. 3. Section S222iS hereby amended GSfollows: 9222 RESIDENTIAL ESTATE DISTRICT (E4) 8 Permitted Uses and Development Standards In the R8sid8DU8| Estate DiSL[iCL (E4) only the following uS8S (Or uses which, in the opinion of the CO[O[DuDitv [}eme|8pDl8Ot Director and/or the P|8DOiOg COnnrniSsiOO are similar) will be allowed subject tO the development standards identified in Table 1- of Section 9220 and/or as specified inof this {}h8pt�r. 1. Single family dwellings (a) Maximum heig4 30 feet (b) Minimum building site: 10,000 square feet, unless th­A­ ;-,4i (d) Maximum lot Goverage� 40 perGent (e) Minimum ftent yard setbaGk� 20 fee (f) Minimum sidee yard setbaGk� 10 perGent Gf lot width (g) Minimum rear yard setbaGk: 20 perGent Gf lot depth lot area per family unit: 7,500 square feet 2. Accessory buildings only if constructed simultaneously with or subsequent to the main building On the same lot, and accessory uses normally incidental tosingle family residences. This is not to be CODStRJSd as permitting any commercial uses. Ordinance No. 1429 — Exhibit 1 Page ( 9 (a) Maximum height: 259 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 (i) Maximum floor area of second residential unit: 10 percent of total lot area V / -- ,Repealed. (k)-- Repealed. (1)(i) 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 ft- r),a;t_Any 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 =1° Any 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 second residential unit shall be located towardto the rear of the primary single -- family dwelling and shall not be visible from the public right -of -way 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 (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 (h) Repealed. 2. Accessory buildings used as guest quart ersreerns, providedirg no cooking facility is installed or maintained, subject to a use perm t recorded deed restriction approved_by the City. (a) Maximum height: 250 feet {]Fdin8OQe No. 1429- Exhibit 1 Page 111 (b) W18xi0U0 lot coverage: 30 percent Of rear yard (C) K4ininlUrn front yard setback: 50 feet Un|SSS otherwise indicated on Zoning |w@p (d) YWininlU[D side yard setback: Corner lot line: 10 feet, Interior lot line: 5fSet (G) W1iDi0U0 rear yard setback: 5 feet 4. Section 0223iS hereby amended @Sfollows: 9223 SINGLE FAMILY RESIDENTIAL DISTRICT (R1) 3 Permitted Uses and Development Standards In the Single Family Residential District /R1\ only the following US8S (Or US8S which in the opinion Of the CODlDluDitv O8v8|UpDlHOt [}inSCt0r and/or the P|8DOinQ C0rnnliS3iOD are SiDli|8[) will be 8||OVVed SUhi8Ct LO the dev8|0prO8D( Si3Dd8rdS identified in Table 1 of Section 9220 and/or as specified in--of this Chapter. 1. Single family dwellings (a) Maximum height� 30 feet IkN \-1 Minimum building site: 7,200 square feett (G) Minimum lot width at property line� 60 feet (d) Maximum 10t GGVerage� 40 peFGen (e) Minimum fFGRt yard ----tb-aGk: 20 feet (f) Minimum side yardsetbaGk: GOrner lot line� 10 feet; InteriGr let liRe: 54,-et (g) "inimurn rear yard setbaGk: 5 feet, but 1---+ less- 1. 011-11-1 &q-uare feet let area per farn;',,, unitU 7,200 square feet 2. Accessory buildings only if constructed simultaneously with OF subsequent tOthe main building OO the S8nne lot. (8) Maximum height: 25Afeet /b\ K8iDiDlunl lot width at pnOpHdv line: 4O feet 0n CU/-d8-S8C3 at property line (c) Maximum lot coverage: 30 percent of rear yard Ordinance No. 1429 — Exhibit 1 Page 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 (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 � Repealed. (k) Repealed. I Pk . AnvThe 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 13 j, ,6n 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 t AnvThe 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 µ £ £ All entrances to qnythe 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 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 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 subject to the development standards identified in Table 1 of Section 9220 and /or as specified in this Chaoter.. 1. Places of WorshipGhu ehes, schools, parks, playgrounds, public utility and public and quasi - public buildings and uses, crop and tree farming; E; ibjeGt +„ Use PeFM;+ (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. 142A- Exhibit 1 Page | 14 2. Accessory buildings used 8Sguest proviftdiRg n0 cooking facility is installed or maintained, subject to 2_use--peF4:RitLecorded deed restriction (8) Maximum height: 250 feet (b) Maximum lot coverage: 3O percent Of rear yard (C) Minimum front yard setback: 50 feet' Un|BSS 0ih8nmiS8 indicated On Zoning K48p (d) K4iOiDlUFO 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, subject to identified in 5. Section 9224C1 is hereby amended as follows: Except as provided in Section 9299 of this cod eAny-a-p-p4Gatkm-for a use permitauthorized through a Conditional Use Permit -in this district shall comply with Section 9291. itted to the Planning aGGE)Fnpanied by -`G-h*teGtUraI development -I- These -sh-all -.—A, thiz r- Ar-ar---r, --se and --one of adjoining land, the desigrt 8. Section 92258iS hereby amended 8Sfollows: 8 Permitted Uses and Development Standards |D the Duplex Residential District (R-2), only the following uses (or uses which, in the UpiDk}O of the CUDlDlUOUv D8Ve|OpDleDt Director and/or the Planning CODlDlisSkJD, are similar) will be 8UOvved subject tOthe development standards identified in Table 1 of Section 9220 and/or as spe -,ifiedof in this Chapter. 1. All uses GORdit permitted in the R-1 District, subject to the development standards specified in the R-1 District, unless otherwise listed-_ subjeGt tG a Ordinance No. 1429 — Exhibit 1 (qf) Minimum lot area per family unit: 3,500 GqU8Fe feet (h) Repealed. 2. [JUpl8XeS or two detached single-family dwellings . : 7,200 squaFe feet (d) Maximum loot --ove-rage: 50 peFGent Minimum fFGnt yard setbaGk­�et lu— side- yard setback: Corner lot 10 feet; interior 5 fee nimum rear yard setbaGk: 10 fee (h) Ai-;—..— lot area per family unit: 3,500 square feet 0) Repea4ed-. 7. Section 9225b is hereby amended as follows: b Conditionally Permitted Uses and Dev k]pmeOtStand8nd3 The hJUOvvDg USRS (or any other USeS which, in the opinion of the CODlDluOitv D9v8|OpOO8Dt Director and/or the P|aODiDQ C0m0iSSiOO' are SiOli|8[) may be conditionally permitted iO the Duplex Residential District (R2) subject t] the issuance Of 8COOditiOO8| Use Permit Chapter. 1 of Section 9220 and/or as specified in this 1 All uses conditionally permitted in the R1 District, subiect to the development standards specified in the R1 District, unless otherwise listed. 42. Triplexes (single StrUCtUne) (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 (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 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 (1113) 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 of Section 9220 and /or asspecified inef this Chapter. 1. All uses seRdl tiGRally- permitted in the R2 District subject to the development standards specified in the R2 District, unless otherwise listed.} -subjeGt-te —a Minimum building site area: As speGified in the R 2 DiStFiGt (G) Minimum lot width at property IiRe: As speGified in the R 2 Di (d) Maximum 10t GoveFage; A6 6peGified on the R-2 DiStFiGt (ae) Minimum landscape open space: 35 percent (f) Minimum front yaFd setback: As speGified in the R 2 (g) Minim um i,4- ,-rr7 ceth �nlr• fl�,�,� zcnerif.... in the R_'? rli_o.r�tr �Qt �- I --,- -- --- -- ---` - -- `r - ----- -- in _-. _ (h) Minimum reaF yard setback: As specified in the R_2 District (b+) Minimum lot area per family unit: 1,750 square feet 2. Multiple family dwellings, apartment houses Ordinance No. 1429— Exhibit 1 Page 117 (b) h4ini—i'm building site area: 7,001_1 (e) Minimum landsGape open SpaGe� 35 PeFGeRt (f) KnimuM , f. -, " Y_ ­­Gk: 15 feet (unless ethe-vi-se indicated on ;zGRiRg maps) Minimum let are 1,7CZO SqtjaFe_feet 3. Accessory building OOrm8|k/ incidental 0] any Of the above. This Sh8U not be construed as permitting any C0rnnnSrci@| use or OocUp8tiOO Other than those specifically listed. (a) Maximum height: 250 feet b Conditionally Permitted Uses and Development Standards The fOUOVVng USSS (or any Other US6S which, in the opinion of the COnODluDUv Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Multiple Family Residential District (R3) subject LOthe issuance 0f3 Conditional Use Permit _Ihe development standards identified in Table 1 of Section 9220 and/or as specified in thi§ Chapter. 1. All uses conditionaliv permitted in R-2 District, subject to the development standards specified in the R-2 District, unless otherwise listed. 2. Boarding houses (a) Maximum height: 2 stories or 35 feet (b) Minimum building site: 7,500 square feet (c) Minimum lot width at property line: 70 feet (d) Maximum lot. coverage: 75 percen (e) Minimum front yard setback: 20 feet Ordinance No. 142g— Exhibit 1 Page 118 ff) Minimum side vard setback: Corner lot line: 10 feet: Interior lot line: 5 feet (q) Minimum rear yard setback: 25 feet (h) Minimum common open space for boarding houses: Three hundred (300) square feet per boarding or rooming house and fifty (50) square feet per occupant. Common open space shall consist of unenclosed or partially enclosed areas set aside for passive and active recreational uses. Common open space shall not include driveways, parking areas, o required front and side yard setback areas. Minimum private open space for boarding houses: Twenty-five (25) square feet per occupant. Private open space shall consist of partially enclosed areas set aside for passive and active recreational uses that are assigned to individual occupants and/or rooms, such as private patios or [ODlUOKv centers, social halls, lodges, clubs, rest homes, extended care facilities, convalescent hospitals, and sanitariums (a) Maximum height: 4Ofeet (b) MiOiDlU[D building site: 7.500 square feet () K4iDiDlUrD lot width at property line: 70 feet (d) Maximum lot coverage: 75percent (9) K4iOiDlurn hODt yard setback: COrOS[ lot line: 10 feet; |nt6rk}[ lot line: 5 feet Ul K1iniDlunn side yard setback: Corner lot line: 10 feet; Interior lot line: 5feet (z) Minimum rear yard setback: 1Ofeet Condominiums (as defined iD 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, OFtOb8 developed, pursuant tO the criteria Of the Planned Development District. Ordinance No. 1429 — Exhibit 1 Page 119 (a) Maximum height: 40 feet (b) Minimum building site: 7,000 square feet (c) Minimum lot width at property line: 70 feet (d) Maximum lot coverage: 75 percent (e) Minimum front yard setback: 15 feet (unless otherwise indicated on Zoning Maps) (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 10 feet 6_7- 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. d Minimum Open Space Requirements 1. Private outdoor open space — Each dwelling unit shall have a minimum private open space of one hundred (100) square feet per dwelling unit This shall be provided in the form of an appurtenant private patio deck or balcony. 2. Common open space — 300 square feet per dwelling unit located within common designated recreational areas. Private attached ground level patios may be included if open on three sides. Areas not available for open space credit include driveways, parking lots or required front and side yard 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 0227b2 and Section 9273Of the Zoning Code with regard t0 density only, provided that all other provisions of the Zoning Code are satisfied. 3. Maximum height: Thirtv/3O\fe9L 4. Minimum yards and setbacks (8) Front yard: Trailer park—None Individual lot—Five (5) feet (measured from curb to actual structure, hitch /b\ Side yard: Trailer park—None Individual lot—Three (3) feet 5. Maximum lot Cov8 percent ,j Recreation area required A minimum Of one hundred M0O\ square feet Of recreational space shall be provided for each trailer or Dlnbi|8 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)'3O additional fifty (5O) square feet Of recreational space shall bG provided for each trailer O[ mobile home lot SO occupied. Any mobile home or travel trailer park shall be surrounded by8Six-foot. sight- obscuring feOQe or wall, Of uniform treatment, except within twenty-five (25) feet O18D entrance to, O[ exit from, a public street where such fence O[ wall shall have 8 On8X|nluOO height of three (3) feet UO|8SS g[88i8[ height is specifically approved iO the conditional use permit. 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. Irrigation of landscaped areas All landscaped areas, other than on individual spaces, shall be provided with an irrigation system. 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. 10. Section 9228 is hereby amended as follows: 9228 SUBURBAN RESIDENTIAL DISTRICT (R4) a Permitted Uses In the Suburban Residential District (R4) only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed, subject to the development standards identified in Table 1 of Section 9220 and/or as specified in of-this Chapter. Accessory buildings or uses (see Sections 9223a2 and 9223a3 for development standards) 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 []njiOaOCe No. 1429— Exhibit 1 Page 123 (c) Two-family dwellings (d) Multiple-family dwellings and apartment houses 6. Large family day care home (subject to the provisions set forth iDSection 927188) b Conditionally Permitted Uses The following uses (0[ any OUl9r USeG which, in the opinion of the Community DeV8/OpDeOL [iF8cLOr 8Dd/O[ the Planning CODDiSSiOD, are similar) may be conditionally permitted in the Suburban Residential OiS([iCt (R4) subject f0 the iSSuonC8 of a Conditional U Permit identified in Table 1 of Section 9220 and7or -asspecified in this Chgpter. 1. houses_(see Section 9226b2 for additional development standards) 3 Day care center (subject t0Section 9271a82) Parks (private) and recreation aRaG3' r9CFBat/OO buildings, p|8vfie|dS and p|8ygnDUndS, but not including 80USe0enL parks Or other parks of 'Om0erCi8| D8ƒUr8 4. Places of worship, museums, libraries, public schools and colleges, private schools and colleges 5. Rest homes, extended care facilities, convalescent hospitals, and sanitariums O. Utility structures - Electric distribution SUbSt8bODS. gas Dl8Lehng and F8gU/8Ung stations and other SirDi/@r public utility SirUCtUn3S and US8S rendering direct services tOthe public in 3 |OC@| area Ordinance No. 1429 — Exhibit 1 Page 124 c 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. X W CN Ell I iri 10 U) O ca O C0 z LU 9- 1 0 41-1 rimle. M�m Komi • III • o Mp ee c'j o Q-1 .2 r- x LIJ 011i 111-0- oil I F=- PRM Fai [)Fdin@OQ8 K]O. 1429- Exhibit 1. Page 127 12. Section 9231 iS hereby amended @Sfollows: 9231 PROFESSIONAL DISTRICT (Pr) a Permitted Uses In the Professional District (Ph, only the following uSSS (or uses which, in the 0p|DiOO of the CODlrnUnUv [}eve|Oprn9Ot Director and/or the P/8DDinQ CODlrniSSiOn, are similar) will b8 allowed subject k} the development standards identified in Table 1 of Section 9230 and/or as specified inof this Chapter. 1. Accessory buildings and uses (except that OO building site may b8used simultaneously for residential and professional purposes) 2. Advertising agencies 3. AUt0rnObi|8 broker (OffiC8-US8only) 4. Banks, financial institutions, and savings and loans (no drive-thru) 5. Collection agencies 0. Home occupations iD accordance with this Chapter 7. Insurance agencies 8. Interior decorator Orartist studios 9. Land and property management 10. Management, technical or professional consultarts 11. Massage Establishments (Subject to Article 3 Chapter 6 Part 6 of the Tustin City Office uses - including professional and general (as defined iDSection 12; 3, Personnel agencies Pharmacies - dispensing and selling only drugs, medicines and health Ordinance No. 1429— Exhibit 1 Page 128 Single-family dwellings and those accessory structures, buildings and uS9S nOrna|k/ /n[jd8Dt8/ to the US8S of building Or pnarn/s8S for single-family occupancy subject to the requirements of the R1 District Social work Title insurance companies 20. Travel agencies 21. Tutoring Facilities Der8| 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: (8) Except for parking areas, which may fbelunenCk]Sed. all uses shall b8 conducted wholly within an enclosed building. O[diD8OC8 KjO. 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 id All portions Of the building site, exclusive Of structures, parking areas, driveways and walkways, shall be landscaped and maintained. n certificate Of use and occupancy shall b8 granted until these requirements are met. dc Conditionally Permitted Uses The hJUOvvng uses k}[ any other uS8S which, in the opinion of the CODlnnUOitv Development Din8Ct0F 8Od/O[ the Planning CODlDliSSiOO, are 3i[Oil8d may be COOUiUOO8/|y permitted in the PnOfeSSiOD3| OiSt[i[J (Pr) SUbiHCt to the iSSU8OC8 of Conditional U Permit of Section 9230 and/or �s sp in this Ch 1. Adult entertainment booking agencies (as defined in Section 3141 and subject [O the provisions set forth iO Chapter S) 2. Banks, finannial institutions, and savings and loans- O[iwS-ihrUf8ci/iUeS []FdiOGOQe Kj0. 1429—Exhibit 1 Page 130 [OfUSSk]D3[ /DStrUCtiOO8[ rnOtiV3tiOO8| and/or seminar schools 13. Section S232iS hereby amended 8Sfollows: 9232 RETAIL COMMERCIAL DISTRICT (Cl) a Permitted Uses In the Retail COmrD8rCi]| [}iSth{t (Cl), only the hdkJVvng US8G k}[ US8S vvhich, in the opinion of the CODlDlUnUv Oewe/OpDleDf Director and/or the P|8OOiOg COnnrni3Si0D. are similar) will be allowed subject k}the development standards identified in Table 1 of Section 9230 and/or a§_�cif�iedofLn this Chapter. 1. General retail bUSiOeSS9S' exemplified by the following list, when conducted within a building: (a) Alcoholic beverage S3keS (off-site) 1OC3i8d within 8 building and permitted bUSiDeSS with at |S@3t 15.000 Squ@nS feet of gross floor area and where the G|COhO|iC beverage S3|8S area within the building occupies OV more than 10 percent Of the gross floor area (b) Antiques and Curk}S (c) Appliance stores (d) Art galleries (8) B8kSFkeS Ul Bicycle sales UDdUdiDg n8p8irS\ (z) Books and GtotioO8Fies (h) C8rRrDiCS (not including molding, C8SUDg or manufacturing bv any process) (i) Clothing 0) C0nfeCtiOO8h8S 06 Department stores (1) Drug stores (including sundries and notions) (Ol) Dry goods /D\ Florist shops (0) Food markets (p) Furniture G8ke3 (new O[USRd/CVOSigDnl8[d) Ordinance No. 1429—Exhibit 1 Page 131 (q) Hardware stores (h Household goods and furnishings /S\ Jewelry Sk}n8S (including repair and vv8tCh nn@kiOg) (U Leather goods (u) Musical supplies and instruments (v) News stands (vv) Office supplies and equipment (x) Paint and wallpaper supplies (y) Religious SUpp|i8G Shoe stores GpO�in� goods /O0i including boat and motor sales) stores/gift shops IL Service bU3iD8SSeS, exemplified by the fO||OvviOg list, iOC|Ud/Og any retail S3|eS incidental thereto, when conducted within 8 building: (a) Banks, financial institutions and savings and |O8OS (including those providing d[k/8-hrus8miC8) (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) `— Dan-- --__--- DrV-C88niDgO[ laundry agencies (piCk-Up and de|�8ryonly) Ul Equipment FenC8| buSiD8SS conducted within 8 building (light Dl@teh@|G, i8. p3dv SUppl/8S. household 8pp|i8OS8S. SDl8|| household tOo/S. rn8diC8! equipment, etc.) (g) Instructional Studios (h) Laundromats 0r other self-service laundering facilities (]rdiO@OCe No. 142g— Exhibit 1 Page 132 U\ Locksmiths v/ Martial ' '~ ~^~~'~~ M Pet Grooming and Qwh*PGt to the pFovisions- set forth in S8Gti--,- (1) Reprographics (m) Restaurants (not including drive- DS/drk/e-U) (n) Reverse vending machines (as defined by and subiect to the provisions set forth in Section 9271bb) �nfo)_ Seamstress Or millinery shops 8hO8Or luggage repair shops fOLIL__8FnOg Ch8Ch Gt@tiOOS with service bays in conjunction with approved service station 8i/OrShOps 8g8OCieS —0 -[utOriDa t8Ci|ib8S 3. Office uses - including professional and general (as defined in Section 02Q7and subject t0 the provisions set forth in Section Q2718e) b Conditionally Permitted Uses The fO/|Ovving USeS (or any other uS8S which, in the opinion of the COnnrnunUy Development Di[OCtO[ and/or the P/GOOiDg C0nlDliSSiOD, are SirOi|8[\ may be COOdiU003||y permitted in the Retail CO[nnn8FCiG| District (C1) subject [0the io8U8Dc8 Of Conditional U Permit - Adult entertainment booking 8Q8nciHS (83 defined in Section 3141 and subject tO the provisions set forth in Chapter 8) OUC beverage sales establishments Subject to the provisions set forth iD Section 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments {)FdiOaOC8 KjO. 142g—Exhibit 1 Page 133 inn@| hospitals or clinics (snlGU animals) 4. Assembly uses (such as clubs and social halls or lodges) 5. AoJiOnlUtk/e supplies (iDSt3|latiOD Of nOiDOr replacement parts and 8CCgasOrieS within an enclosed building) 6. Bakeries (wholesale) 7. Bowling 8|kevs 8. Bulk reverse vending machines subject to the provisions of Section 9271 bb 9. Car Wash 97 10. Convenience stores 11. Day care centers (subject tO Section 9271382) 12. Donation centers ancillarV to permitted and conditionally permitted commercial retail businesses 12. Drive-thru Facilities (Drive-in and Drive-thru)gGed---,&����� 14. Fortune-telling businesses (as defined /O Section 3141) 4�5, Fraternal Grganizat'GRs and lodges Gymnasiums and health clubs HO[R| and K4Ot8|S Deleted _,,_Lar e Recycling Locations occupying a permanent building or store front as defined by and subiect to the provisions set forth in Section 9271 bb 19, WYUrtU8[ieS 2,1, C)ffiCe USeS (n8VV) - Development Or COnStrUCUOn Of new building St[uCtU[eS VYh8n9 more than fifty (50) percent of the tO|8| floor area or any portion of the gn3UOd f|0OF area is designated for by pn}h3SSiOn3| 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 Parking lots (commercial) Ph;;r -4=q -rive thru W;4 23. Places of warship 9297 and subject . . .. .. Rest homes, extended care facilities, convalescent hospitals, and sanitariums 25. Public schools & uses, private 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 M 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. 2. Development - criteria I-N M heig4 35 feet building site area: 5, DOG-squa-re-feet lot width -at prop ,-erty line: 50 feet side setbaGk­-�,������"` (b) Minimum (G) Minimum (d) Minimum "R" yard DiStFiGt [lFdiD8Oc8 NO. 1429—Exhibit 1 Page 135 d Use Criteria—Office Development Office developments within the Retail COD1018rCia/ District (C1) shall be constructed k} conform with the parking standards for retail commercial uses OO the first floor area 0f the building unless otherwise specifically exempted pursuant to the approved conditional use permit. 2. FindingS, including but not limited to the fo|lowing. Sh@U be made by the Planning CO00isSiOD prior to approving 8 GGnditienal use p Conditional Use Permit for construction 0f8 building where greater than fifty (5O) percent Of the total floor 3[8a' or any portion of the ground floor area is designated for office uses. (8) D8ve|OpOl8Oi or construction of professional or general office buildings vvOU|d be more COnnD81b|B with the surrounding US8S in the area than permitted retail commercial uses on the subject property. 8. Development Orconstruction of buildings restricted to n0h8un9 of uses in which the retail CQOlnOerCi8/ O0Or area exceeds fifty (50) percent of the total floor area is exempt from office development use criteria. 14. Section 9233iG hereby amended 83follows: 9233 RETAIL COMMERCIAL DISTRICT (C2) a Permitted Uses In the CeOit3| C0nnDle[Ci8| District /C2\' only the following USe3 (or uses which, in the opinion of the C0[D[OUDib/ Dev8|OpOl8Di [)inSCfOF @Dd/O[ the F»k3DDiDg Co[nrDiSS/On. are similar) will be allowed subject t0 the development standards identified in Table 1 of Section 9230 and/or as specified inof this Chapter. 1. All uses listed as permitted iD the C1 District, subject to the use and development criteria specified in Section 9232 (except uses listed as permitted below) 2. Office U3eS - including professional and general not fronting ODt0 K48iD 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 bv the following: ORdiD8OC8 KjO. 1429—Exhibit 1 Page 136 (8) Clothing apparel receiving and distributing (b) Electronics stores (c) Furniture consignment S8keS (d) Nurseries 4. Service USeS' 8X8nlp|hDed by the following |iS[. including any retail S8|eS incidental hR\ Bowling alleys (b) CO)D operated machinery - R}p8i[S. sales and s8n/kce3 (c) Dental/medical Lab kJA0 Electronics research laboratories and prototype 8SS8nlbk/ Lejkd� Mortuaries 6. Repea4ed-. 7. Repeated-. Conditionally Permitted Uses The following Us8S (or any other U38S vvhkJl, in the opinion of the C0DlDlUDhv 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 U Permi d in Table 1 of Section 9230 and/or as specified in this ghapter. 1. All conditionally permitted uses /D the C1 0SthCL subject iO the development and use criteria specified thereto (uses listed iD Section 92338 are p8nnittad). (][diD8OC8 NO. 1429—Exhibit 1 Page 37 2. Amusement resorts, @rC8d8S. and private r8Cr88tion3|f8Ci/it/eSvvhich include video and vending machines Or other such contrivances in excess Of five (5) which are identical h3 the principal bUSiOeSS 3. Automotive repair shops 4. Automotive/vehicle sales lots (U39d/pre-0vvOed) 5. Billiard parlors and pool halls O. Cleaning and dyeing establishments 7. Equipment n9nt9|S of heavy rn8ChiO8ry (t[8i|e[S' tractors, Skip |o8d8rS) 8. Garages (public) 9. Karaoke music studio 9. LauRdfom-at 10. Office uses - Professional and general offices (as defined jO Section 0207) fnJOUOg onto Main Street 0rB C@rniOO R98| or located within the C>[d TOVVD Commercial General Plan land use designation (subject tO the provisions set forth /O Section 02718e) 11. Outdoor markets and outdoor sales establishments 13. Party facilities including birthday party businesses 13.P8tSh0pS 14. Secondhand sales with pawn/collections 15. Section 9234iS hereby amended 8Sfollows: 9234 HEAVY COMMERCIAL DISTRICT (C3) @ Permitted Uses In the Heavy [|O[OOO8rCi8| District (C3) District, only the f0||OVviDg USeS (or uses which, in the opinion of the Community D8ve[Op[n9Ot Director and/or the Planning Commission, are similar) will be allowed subject b] the development standards identified in Table 1 of Section 9230 and/or as specified in-of- this Chapter. 1. All US8S listed as p8[rOiitBd in the-G4-BpAC2 [)iStriCtS. subject tOthe use and development criteria specified thereto (except uses listed as permitted below) 2. Electronic plants 3. Research plants [)[diOaOCe NO. 142Q—Exhibit 1 Page 138 4. Secondhand sales 5. Wholesale stores and StOF8g9 2. Minimum building '--ite� 2,000 square feet 3. Maximum lGt Goverage: 100 PeFG-R., less parking and emeRts but subjeGt to General Provisions of this hapter in on Z­ing Map 5. Mi';—um side yard setbaGk: None, 10 feet when side abuts on a let in aR "R" DiStFiGt, unless sh—w on Zoning Map 6. Mi-imurn rear yard setbaGk: Nene, 5 feet when ab, itting on an alley 8. Repealed-. Permitted Uses The following UGe3 (or uses which, in the opinion of the Community [}ev8|Op0eni Director and/or the Planning Commission, are similar) may be permitted in the Heavy Commercial District /M\ subject tO the issuance Of3 Conditional Use Permit and s able 1 of Section 9230 and/or as specified in this Chaoter.. 1. All uses listed as conditionally permitted in the-G4-­a44d C2 Districts subject to the use and development criteria specified thereto (except schools, places of . and outdoor sales 8St8b|iSh08OtS). Uses listed iOSection S2348 are permitted. 2. Light DlGOUh3CtUriOg of clothing, DOme|tieS' and k]yS Development Standards for C—di"nally _FM4 Uses 4. Mi-;—urn frGRt setbaGk'. NI--Re-, 10 feet freRtage lGt iR "R" yard When abuts a [lRjiD8nCe No. 1429— Exhibit 1 Page 139 5. MiRiFnUrn side yard setbaGk� None, 10 feet when side abuts a lot in an "R" Y iR use pem4A 7. Repea4ed-. 8. Repealed. 16. Section 9235i3 hereby amended 3Sfollows: 9235 COMMERCIAL GENERAL DISTRICT (CG) 8 Purpose 7n provide for and encourage the orderly development Of commercial areas throughout the City iD accordance with the Land Use Element Of the General Plan, which will serve the demand for 8 wide variety Of goods and services. b Permitted Uses In the COD1OlerCi8/ G8De[8| District (CG). the following USeS (or uses which, in the opinion of the COrODlUOi|y Development Director and/or the P|8OOiOg C0rODliSSiOn, are similar) will be allowed subject tO the development standards identified in Table 1 of Section 9230 and/or as specified inof this Chapter. 1. All uses listed aG permitted iO the G-I-an-d-C2 Districts subject tO the use and development criteria specified thereto (except uses listed as permitted below) (G) job PF'Rting and-dGGument-+epfodu�-,t� IAN C Conditionally Permitted Uses The h]||OVviOg US8S (or uses vvhiCh, in the opinion of the C0rODluDih/ DeVe/0pnU8Dt Director and/or the Planning CO0miSSiOn, are Simi|8[\ may be permitted in the Commercial General (CG) District subject to the issuance of a Conditional Use Permit and subiect to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter. 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 development D excess Of five (5)acres in total parcel space 3. Building supply 4. Business school 5. Manufacturing, fabrication, distribution facilities occupying |esDthan5Op8rC8ntof floor area and less than 50 percent of operations d Restricted Uses 1. No warehousing or storage other than accessory storage Of commodities sold Ed retail on the premises shall be permitted except as otherwise provided by this 88C1iOD. 2. NO [D8OUfaStUhDg, pFOcBG3iOg O[ treatment Df products other than that which is clearly indicated tO the retail business conducted On the premises shall be 3. Not more than five (5) persons shall beengaged on the premises /Dthe 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 b9 permitted iO any structure used for commercial purposes, except fo[caretakS[faci|iti8SiOcident8|hJth8pe0littedUS8. M Mu AMALALULrm YAM Ordinance No. 1429 — Exhibit 1 Page (41 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 1 Page 142 3 rear yard Of not less than fifteen (15) feet. VVh9ne the commercial property rears upon Gn alley Or private drive easement, there shall b8a rear yard setback Of not less than five (5) feet. Otherwise, DO rear yard need beprovided. Commercial sites may have 1OU percent lot coverage less that required for landscaping and parking requirements. 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 k} the standards and criteria contained iDthe Guidelines for Planning, Zoning and Development, 8S adopted bv the City _t'C'L__'_Street dedication Highway dedication and improvements shall be aS required bv Section S271x. 8;1-1"". --Suffix (supplemental provisions) Properties designated "CG-PU0"Onth8Z0ningM8pSh@Ur8qUir8Ul98UbDlisSiOD and approval Of design plans for 8 Conditional uUse ePgnn/t pursuant tOthe requirements for Planned Unit [}8v8/Op08OtS. f 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 o 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 adioining 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 Ordinance No. 1429– Exhibit 1 Page 143 use occupying the corner property. The use of subject property shall require approval of a conditional use permit. 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, subffect to approval of a 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 council. g Use Criteria—Office Development 1. Office developments within the CODlDl8rci8| GemSn3| [)iSLhCt (CG) Sh8U COOf0rO k} retail commercial use parking standards for the first floor area unless otherwise specifically exempted pursuant to the approved conditional use permit. 2. FindiOgS, including but not limited to the hdk}vvDg. Sh8U be made by the P|8DOiOg Commission prior to approving a CGonditional Uuse Rpermit for construction of a building where greater than fifty (5O) percent Of the total floor area, Or any portion of the ground floor area iS designated f0 office uses. (@) Development O[ 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 O[construction of buildings restricted to [DiXtUn8 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. V) "0 0 1 CY) 0 CN CY) O Z 0 n Ordinance No. 1429- Exhibit 1. Page 145 18. Section 9241 i8 hereby amended 8Sfollows: 9241 PLANNED INDUSTRIAL DISTRICT (PM) 8 Permitted Uses The h]//OvviOg US8S (Or USOS vvhiCh, in the opinion of the COrnnlUOitv Development O/n8CtOr and/or the P|8OOiDg COn0DliSSi0O are SinOi/3[) will be 8||Ovv8d in the Planned Industrial District /PK8> SUbi8Ci to the d8vg|OpnleDt standards identified in Table 1 of Section 9240 and/or as specified in-of this Chapter: es, glare, heat, fire hai OF iRdustF,;--' wastes emanating from the prope4ty_- as deteFmiRed_­bY__4he )COh0|iC beverage S@/8S (off-site) |OC@03d within 8 building and permitted bUSiD8SS with at |88St 15.000 square f89L Of gn0SS floor area and where the 8/COhO|/C beverage S8/86 area within the building OCCUpieS OO more than 10 percent of the gross floor area Book binding 3. Bulk merchandise sales 4. CHr8[niC and plastic fabrication 5. Chemical |8bOn8tO[ieS 6. Delicatessens --.-,,Design O|SUibUtOrS of electronic, 8|9c[hCa|, and R|8CtnOrn8Ch3niC8| products Finished paper products FO0d (and kindred products) manufacturing O[storage U'!,11 Laboratories for research and development 1_',L L88the[pnOdU{t3 Light industrial, r8S8@rCh and development, and rn3nufoC[U[iDg uses which do not maintain greater than fifty (50) percent Of their gross floor area for office purposes Ordinance No. 1429— Exhibit 1 Page 146 1­"L Office uses - including administrative and prOfeS3iOO8| OffiC8S (GS defined in Section 9297) that are accessory to permitted uses (subject to the provisions set forth iO Section A2718S) Outside storage (in conjunction with permitted U39) enclosed in DliOi[nunn of six-foot high solid fence Parking |0tS Pharmaceutical products PhO[O�[8phyand printing plants Precision machine shop 49`"O� PrOtOiype weapons and fabrication Ofcomponents 2()� Public utility uSS3 (except the storage of fl8nUDl8b|e fU8| pFOdUCtS\ 2',22 - Scientific instrument manufacturing 2123,_.—Textile and hJ[OituF8 Dl8OUfeCtU[iDg b Conditionally Permitted Uses The h]||OVV/Og USeS (Or uS8S vvhiCh, in the opinion Of the Community O8va|0pDlent Oi[8CiOr and/or the Planning C0Dl[DiSSiOO. are similar) may be permitted in the P|8DO8d |DdU3triG| District (PM) subject to the iSSu@nC8 of @ Conditional U Permit Table 1 of Section 9230 _�_nd/or as specified in Lhis Chapttr. 1. Alcoholic beverage S@|eG establishments subject t0the pR)viSiQDS set forth in S8CiiOO 0271dd and the P|8OOiOg CO[nmiSSjOO'3 Guidelines for Alcoholic Beverage Sales Establishments 2. Offices _(greater than 50 percent of gross floor area) (][diD8OC8 NO. 1429—Exhibit 1 Page 147 Ma-p --, (g) Minimum reaF yard setback: 10 feet unI 6 otherwise indicated GR ZO-Rigg- (h) Repealed. 0) Repealed. 10. Section 9242iS hereby amended 8Sfollows: 9242 INDUSTRIAL DISTRICT (K8) a Permitted Uses In the |DdUSth8| [}iSthCt (M). the following US9S (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will b8 allowed subject tU the development standards identified in Table 1 of Section 9240 and/or as specified inef this Chapter. 1. All US8S permitted in the PM DiSi[/Ct 2. Sexually oriented businesses, as defined in section 3911 (a), and subiect to the provisions set forth in Article 3 Chapter 9 of the Tustin City Code. b Conditionally Permitted Uses The following USRS (O[ US8S which, in the opinion of the CODlDlUnitv DBV8|VpnneOL Director and/or the P)@OOiDg [|Om0iSSiOn, are Si0i|8[) may be permitted in the |DdUSth8| District /M\ SUhi8Ct to the issuance of Conditional Use Permit t f Section 9240 and/or as specified in this Chapter. 1. All conditionally permitted uses in the PM District, subject to the development and use criteria specified thereto. All permitted uses that utilize greater than fifty (50) p8[CHOt Of their gross f|OOran88 for OffiCS USH (including 8d[D/DiStn]bV8 and p[OfeSSiOn8| OOiCeS as defined in Section 9297 and subject to the provisions set forth in Section 9271ee) TOViSiGRS set forth SeGt'--, 11071 dd- and the P!aRR*Rg Commission's Beverage-Sales EstablishrneRtS 5. 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, Indoor Kennels and Animal Boardinq Facilities 8. Manufacturing uses (subject to compliance with performance standards of the Air Pollution Control Board) 9. Places of worship and assembly uses subject to adopted guidelines f? ' Restaurants Retail commercial uses i 7 J, 2 _Schools for professional, instructional, motivational, vocational and /or seminar uses -_ -11, �..3, __._._.Specialty stores (G) Repealed. 0) Repealed. 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 use perConditional Use Permit shall first be secured for any use to be established in any "U" District, with development criteria as specified in the use perEn +tConditional Use Permit. 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 9240 and /or as specified inef this Chapter. Ordinance No. 1429 — Exhibit 1 Page 149 1. 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 (as do 'Red in co, +;,,,, 9297sSubject to standards contained in Section 9271 bb). 7. Sexually oriented businesses, as defined in Section 39110 and subject to the provisions set forth in Article 3 Chapter 9 of the Tustin City Code. (PCMU PC- COM and PC -IND zones only) 22. Section 9244e5(c) is hereby amended as follows. (c) The Planning Commission has granted a_- use -pe ;mtConditional Use Permit for any specific development. 23. Section 9244e6 is hereby amended as follows: 6. Application for a use permitConditional 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; (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; [)[diO8Dc8 KjO. 1429—Exhibit 1 Page 150 (9) Location and design Of automobile parking areas; M Preliminary landscaping plan; (o) Location of public Or quasi-public buildings Or 8nB8S, including but not limited to, schools, recreation facilities, parking areas, and service areas, if any; (h) Elevations Of structures showing architectural type; U\ |rnevOC8b|8 offers to dedicate U1O3e 8n38S ShOvvO On the plan as public property; U) Method by which the property could be divided for the sale or lease Of individual p3[oe|S; (k) Method b« which open space areas are hJbe perpetually maintained. 24. Sections 9244f is hereby amended as follows: f Conditionally Permitted Uses The h]UOvYiDg uses (O[ uS8S which, in the opinion of the COrnrOUOitv Dev8|OpnO8Dt Director and/or the Planning C8[nrniS3iOD, are similar) may be permitted in the Industrial District (PC) SUNeC[ to the iSSu@OCS of CODdi[iOD3| Use Permit t f Section 9240 and/or as specified in this Chapter. 1. Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments 25. Section 0245b1 iS hereby amended 8Sfollows: 1. Places of WorshipGhufGhes 20. Section 9245CiS hereby amended 8Sfollows: C Development Standards The development standards and requirements for development and changes in use shall be those contained in the geO9n8| SecUOD of this Chapter and as specified and approved by the Planning COOlDliSSi0D as CODdiUOOS of the use p Conditional Permit. Use 27. Section S252g3iS hereby amended 8Sfollows: 3. The CODODluDih/ [}em3/OprDent D/F8{tO[ shall have the authority to approve, approve with CDOditi0DS. Or deny Certificates Of Appropriateness for iDlprOV8Dl8nfS requiring 8 City building permit. In reviewing 8pp/iS3tiODS for 8 Certificate Of Appn3pFi8t8D8SG, the Community Development Din3CtO[ may Ordinance No. 1429— Exhibit 1 Page 151 COOSuK with and receive the advice Commission, in their capacity as the [8Dd8hDg adeCSiOD. and r8cODlmRnd@UOn Of the Planning Historic Resource Committee., prior to 28. Section 9252i3(c)iS hereby amended 8Sfollows: (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/Micro-winery (not subiect to distance requirements in Yardage goods Leather goods Knit shops Candle shops Ice cream shops Boutique Jewelry shops Coffee shops Wrought iron ware Ethnic restaurants Art galleries (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 but typifies the character Of uses that illustrate the desired image. 2S. Section 9270iS hereby amended 8Sfollows: 9270 REGULATIONS All r8gU|8UoDS in this Chapter pertaining to the districts established in S8CtiODS 92138 and b hereof are subject &]the general prOVSiOOS. DDOditiODS and exC8DUOOS contained in this Part. Ordinance No. 1429 — Exhibit 1 Page (52 abUses Permitted Subject to U'Conditional 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 a use peF i- 4Conditional Use Permit in accordance with the provisions of Section 9291. In addition to the criteria for determining whether or not a per4;44Conditional Use Permit should be issued as set forth in Section 9293b hereof, the Zoning Administrator 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, except live entertainment permitted per Article 3 of the Tustin City Code. (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. be 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 may be issued no more than four (4) times per calendar year for each business, except if approval is given by the Community Development Director for additional Temporary Use Permits. Permits are required prior to a temporary outdoor use occurring in any zone (excluding residential uses) PFofessional Distrin+ ( -F)4 as follows: 1. Requests for a temporary use of up to thirty (30) days require approval of a Temporary Use Permit from the Community Development Department. -mere than three (3) days but less +hnr, +hir+„ (30) days Feg'uiFes- approval -e to 11 Temporary Use PeFmit ftem the Community Deve!Gpme--+ r";,--+-, and may be 2. Requests for more than thirty (30) days and up to one (1) year oiv (a) rr,,,n +he require Community Development Director approval. 3. Requests for more than one (1) year s4 -C r� 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 cc[ Prohibited Uses 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 9271a is hereby repealed as follows: 31. Section 9271 b is hereby amended as follows: b Public Utilities 1. General Utilities (a) 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 use peFmitConditional Use Ordinance No. 1429— Exhibit 1 Page 154 Permit thereof and the prOViSiODS of this Chapter shall not be construed to limit or interfere with the iOGt@UaUOn. nOGiOt8D3DC8 and operation Of public utility pipelines and electric tr8DSDliSSiOO OF telephone CO00uDiC8UOD |iOSS when |OC8t9d in 8CC0rdGnCe with the applicable rU|8S and n3gU|@ti0DS Of the Public Utilities CO[DDliSSiOO Of the State Of California and within rights-of-way, 883emenfS. franchise, or ownership Of such public utilities. 2. Utilities to be Placed Underground (a) Whenever any propertV in any one zone is developed with new or relocated buildings or structures, or whenever enclosed floor area in excess of 200 square feet is added to an existinq building site in any zone, except zones permitted for single family residential use, or whenever a residential building or use is converted to any purpose or use other than that which existed at the time of conversion, all electrical, telephone, community antenna, television and similar service wires or cables which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed (b) For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, may be placed above ground. (c) The developer or owner is responsible for complying with the requirements of this Section, and shall provide all necessary facilities on their premises so as to receive such services from the supplying utility or utilities sub6ect to the applicable rules, regulations and tariffs on the respective utility or utilities on file with the California Public Utilities d) Where practical difficulties orUDDecess8rvha[dshiDsinconsistent with the provisions of this chapter result from its literal interpretation or enforcement, the Planning Commission may waive, modify, or delay the application of any undergrounding requirement upon written request by a building site owner. Such request shall be filed with the Community Development Department and shall contain any and all facts which are offered in support (e) If the Planning Commission's action is to delay the installation of require under.grounding utilities, it may require the building site owner to file w i t h the City a cash deposit, and/or record a covenant sufficient to provide for Ordinance No. 1429 — Exhibit 1 Page (55 the future installation of the underground features which are to be delayed. The amount of the cash deposit shall be determined by the Building Official. 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, GhUFGh steeples and similar structures and mechanical appurtenances are permitted in a district, height limits may be exceeded upon the securing of a Conditional Use Permit in each case. 33. Section 9271 e 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 Worshipchursbes, hospitals and other institutions permitted in such 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 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 (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) No fence, solid hedge or wall over three (3) feet in height shall be erected in the required front yard setback. (c) Any fences, solid hedges or walls located in any required rear or side yard abutting the intersection of a street alley or driveway shall be Ordinance No. 1429 — Exhibit 1 Page 156 subaect to the Intersection Site Distance requirements as determined by the Public Works Department site distance standards. No fenGe, hedge-G+ wall over three (3) feet in height shall be GonstruGted im (1) any required rear or side yard within twenty i feet of the - - - ? italm" M.- - - _ - unless approved, in writing, by the €-taR ng- Community Development Department. (d) Fences, solid hedges, walls or structures exceeding, up to twenty (20) percent, six feet eight inches (6'8 ") in height to enclose areas on the rear half of a lot may be erected subject to a minor adjustment (refer to Section 9299b(1)) . (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: i) 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) 8Uh8bl8 landscaping can be iO8fG|ked adjacent iOthe existing wall tO supplement and enhance the environmental buffering; and iii) Protection can be afforded the existing vv8U to prevent vehicle damage, if necessary; and kA Concurrence Of the adjacent p[0pSdx OvvDe[ can be Obt8iDed, when necessary, h3 modify an existing wall to meet the requirements of this Section. C]\ r'41;-at upon 8pp|ic8UOO and pFOC88diDgS pursuant to 8RCdOn 9291' Conditional Use PSnDit, the P|8OOiOg Co[D[DiSGiOD may waive or modify the requirements set forth herein. (4) The fences, solid hedges and walls provided herein Sh8U be measured and constructed pursuant to development standards of the Building Department. 30. Section 9271DiS hereby amended asfollows: n Accessory Structures 1. Accessory StnJCUJ[SS 8tb3ChBd to a nlGiD building Sh3U be Dl8d8 S|RJciU[8|k/ 8 part Ul8[9Of, have 8 COrDOlUO roof with said Ol8iO building and Sh@U DODlp|y in all respects with the requirements of this Chapter applicable to the main building. accessory structures, such 83garages, carports, laundry and recreation buildings, may be constructed OO the front one-half (>AOf the lot, prOvid8d, hOvv8v8r. that in any R-3O[R-4 District nOgarage, C3FpOrt. or laundry building openings shall face an abutting street. 8 architectural style Of all sides Of accessory buildings shall be compatible with the architectural style of the main buildings. Detached accessory structures may have 8 zero-foot side and rear yard property line setback if abutting an adjoining StRJCtUnS OO 3 separate lot with 8 Ze[0-h}Of setback Or if the abutting lot is unimproved. If an adjoining StrUCiUFe OO a separate lot iS constructed other than with 3 zero-foot property line setback, @ Dl|OiDoUrn of three /3> feet Sh8|| be maintained b9bwS8D the structures. Ordinance No. 1429— Exhibit 1 Page 158 All accessory structures shall be located 3 minimum Of twenty C0\feet from street rights-of-way; provided, however, that accessory structures abutting o State Highway, where no access is permitted, may have a zero-foot setback. 8,_6' Detached accessory structures constructed within five /5\ feet 0f any side OF rear property line iO8n"R" District shall b8 enclosed bv8 solid wall Onsuch side O[ sides; provided, however, that garages 0r carports facing 3O alley 0r8n access easement, the right of use Of which iS dedicated fO the subject property, need not be enclosed OD such side 0r sides constructed within five (5) feet Of8 Side or rear property line if the DliDiDlu[D backing Sp8C8 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 iO their entirety. 38. Section S271UiS hereby amended 88follows: Building lines are 8S stated iD this Section unless otherwise shown OOZone Map. NO building Sh8U be closer to 8 pnOp8d» line or to the center line of any street O[ highway than the building line applicable thereto X W O z a� CD C O UL m — 2 � On O C N C U E O L 4- O D U Ca U E U) co L co pL U c 0 Ll- o L o � F- ti r� ti F- co co (6 (I m d a) �2 0 0 0 0 o iD ir) Cn ire in U) Cfl CO (0 CO c0 CO C4 (0 COI O L m J C 'O_ c 0 O O O O O u7 If) u7 tt) iC) m u- t- O CO CO O CO L O m coo N Co C.0 C.0 (D (0 U") LO LO LO A o O Cl) �U') V) V) V) V) LO V) LOI LO U rWr^ vJ O 4— J UT C O U- (.0 (0 co (D co U-) LO U-)I LO _U U) _ _ 0 � W Of � w U U U UI Z> x Lli i klo (1) 0 C cc3 — On (]RjiO@DCe No. 1429- Exhibit 1. Page 161 Irvine Blvd. Front setback—Ten (10) feet from right-of-way line. 39. Section 9271vViS hereby repealed. 4O. Section 9271vC2\iS hereby amended 83follows: (2) Location: (8) Residential zones: Adi3h 8DLeDn8 iDSi8|ked at gnOUOd level in the rear yard and obscured from public hg view is exempt from the requirement Of 8 use permitConditional Use Permit. If 8 U3e8b|8 signal cannot be obtained from 3 rear yard |OC8(i0O, the dish 8OteOD8 may be |OC8i8d in the Side yard of the property or OD @ building roof SUhie[t to issuance Of8 Conditional uUse BP8[DliL (b) NOOreSkd8Dd8| ZDOeS: A dish 8ni8OD@ |OC@i8d at gnOUOd level or OD G building roof completely obscured from public right-of-way ViHvv is ex8nncd from the FeqUi[8[D9nt Of @ . Those @nteDO8S which c8nDU[ be ObSCUr8d as determined by City staff are subject tO issuance Of8 Se p.Eernl/L 41. Section S271bbiS hereby amended a3follows: An operation/use which is certified by the Department of Resources Recycling and Recovery which accepts from consumers, and pays or provides the refund value pursuant to Section 14572 of the California Beverage Container Recycling and Litter Reduction Act, for empty beverage containers intended to be Recycling Location – A place, mobile unit, reverse vending machine, or other device where a certified recycling center accepts one of more types of empty beverage containers from consumers, and pays or provides the refund value for one or more types of empty beverage containers. As used in the Tustin City Code recycling locations shall include: (a) Reverse.Vending Machines - A mechanical device of 50 square feet or less which accepts one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's refund value as determined by California state law. The refund value payments shall be aggregated and then paid, if more than one container is redeemed in. a single transaction. A Reverse Vending Machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. (In order to accept [)[diO8OC8 NO. 1429— Exhibit 1 Page 162 and temporarilV store all three (3) container tVpes 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 ma\/ be necessary.) (b) Bulk Reverse Vendinq Machines — An attendant operated reverse vending machine occupying greater than 50 square feet, but less than 500 square feet. Machines shall be designed to accept more than one container at a time, and will pay by weight instead of container. Larae Recycling Locations — Recycling locations occupying a permanent building or store front. Recycling locations defined in this section shall be subject to the following (8) Established in conjunction with 8 supermarket or convenience zone (as defined in Section 9297) O CO[np|i8DDe with the ZOOiDg' building and fire codes Of the City OfTustin (b) Located within 30 feet of the eOt[3DCe to the SUpernl8[kei and Sh8|| not ObGtrUCi p8d83[[i8n Or vehicular circulation (C) Does not occupy parking spaces required by the primary use (d) C)CCUpieS DO more than 50 3qUG[8 feet of floor Sp8CS per iDSi8||3tiOn. including any protective enclosure (8) Maximum height: 8feet UD Constructed and rO8iDƒ8in8d with durable waterproof and rustproof 08t8[{@| /o\ C|98dv marked to identify the tvoa Of m8tSh8| i0 be deposited, operating instructions, and the identity and phone number of the operator O[ responsible person hD call J the machine iSinoperable (h) Sign area Sh8(| be limited to a nl8XiOlU[O of SqU8[8 fee( per Dl3ChiD8, exclusive Of operating instructions U\ Maintained iD8 clean, litter-free condition ODQ daily basis U\ [}p8r8UDg hours Sh3|| be at /e8Sf the Op8[8[/Og hours Of the supermarket (host uGe). but may bR24hours (k) |||UDliD@t8d to GOSUrS comfortable and safe Op8r8UOn if operating hours are between dusk and dawn Ordinance No. 1429 — Exhibit 1 Page 163 (1) Outdoor storage of any kind is prohibited (2) Bulk Reverse Vending Machines (Ik)_ aFe sub;eGt to the (a) Established in conjunction with an-exis.,t+ supermarket or convenience zones (as defined in Section 9297) 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 (j) 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 hght-0f-vv8y (0) Placement Of the facility shall not require removal Of existing landscaping (3) Large Recycling Locations: a) The facilitv shall not abut a r)ror)ertv zoned or Dlanned for residential use if in a free standing building (b) The facility shall operate in an enclosed building with outside storage prohibited (c) Setbacks, height, lot coverage, and landscape requirements shall be those provided for in the C-1 Zoninq District unless it occupies an existing store front or building (d) Site shall be maintained free of litter, pests, vermin and any othe undesirable materials at all times and shall be cleaned of loose debris on a daily basis (e) Exterior noise levels shall not exceed 60 dBA (f) 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. (q) The facility shall displaV a notice stating that no material shall be left outside the recVcling containers (h) The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the C-1 Zoning District; and directional siqns, bearing no advertising message, may be installed with the approval of the Community Development Director pursuant to design review, Section 9272, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way (a 0 Power-driven processing, including aluminum foil and can compactincL baling, plastic shredding, or other light processing activities shall be prohibited R)Q—Twenty-four-hour operation is prohibited 42. Section 0271CciS hereby repealed iO its entirety. 43. Section S271ddiS hereby amended 3Sfollows: dd Alcoholic beverage sales establishments Ordinance No. 1429 — Exhibit 1 Page (65 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 shureh; 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 ouch; 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, ohUrohes, 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 eGGupan-Gy 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 ander located within the Old Town Commercial General Plan land use designation are also subject to the approval of a Conditional Use Permit (pursuant to Section 9299b(3)(k)) and the following criteria for office development. (a) Professional and general offices proposed at the ground floor level or that are greater than fifty (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: [)RjiD8OCe NU. 1429— Exhibit 1 Page 167 The proposed use i3h3be |DC8ƒed in an existing building OhgiD3|k/ designed, bUi|[. and occupied as offices or converted to office use pU[SU8nt tO8n approved building permit. The proposed use is to be located in an existing building that because Of its design and Oh8Ot@tOO is impractical to modify or alter to accommodate retail establishments. iii. The pn0DOS8d use iStOb8 |OC@t8d in an 8XSUOg building requiring SigOUiC8Dt [8cOnStnUCUOD that is not eCOn0miC@|k/ feasible or practical to accommodate retail establishments. iv. The pnODOS8d use iStOb8located in multi-tenant retail center and is 8DCiU3ry but CODlp/eDl8Dt8ry LO the remaining mixed uses with [8Sp8(t t0 type Of use, hOUnS Of Ope[8bOO, CODveDieDCe. and parking dHDl3Od. K The proposed use iS determined U3b8beneficial, CODlp|enl8nt8ry, and compatible with surrounding neighborhood and nearby retail 8St8U|iShDl8DtS. 45. Section 9271ff is hereby added as follows: ff Operation of Uses All uses (including storage) shall be conducted within a completely enclosed building or an area concealed from view in public right of way, except for off street parking, loading, approved temporary uses, or any outdoor dining space specificallv Permitted in coniunction with eating establishment and approygqAesign review and/or Conditional Use. 46. Section 9271 gg is hereby added as follows: -q,q Home Occupation All home occupations operating within the City of Tustin are subiect to the following provisions: i. No persons employed who are not residents on the premises ii. No exterior display iii. No stock-in-trade or commodity sold upon the premises iv. No mechanical or electrical equipment used except such as is customary for housekeeping purposes v. No outside operations or storage vi. No alteration of the residential appearance of the premises [)[diO@OD8 NO. 1429— Exhibit 1 Page 168 vii. No alterations which negatively impact the health safety or welfare of the general public, or which emits smoke, dust, fumes, odors, vibrations, glare or electrical disturbances onto anV other premises i,-v"i. No activity which generates excessive pedestrian traffic or vehicular traffic or parking excess or that otherwise normally found in the zone ix. No parking or use made of any vehicle over three-fourths ton carrying capacity 47. Section 9271 hh is hereby added as follows: hh Liaht and Glare All exterior lighting shall be subject to the following standards, unless otherwise exempted by the City of Tustin: (a) Outdoor lighting shall be designed so as to minimize impacts from light pollution including light trespass and glare to minimize conflict caused by unnecessary illumination. Outdoor lighting fixtures that are used to illuminate a premises, architectural feature or landscape feature on private property shall be directed, shielded, or located in such a manner that the light source is not directed offsite. 48. Section S271iii3 hereby added 8Sfollows: ii Equipment Screening Roof top equipment screening (subiect to review and approval by the Community Development Department) (a) Roof-mounted equipment screening shall be a minimum of six (6) inches above the tallest piece of equipment and constructed in a way as to effectively screen equipment from view at right-of-way. (b) Screening element must appear visualIV integrated with the architecture of the building. 49. Section S2728(l)iS hereby amended 83follows: o Review Required '1\ The City Council finds that poor quality iOthe exterior design, devekoomentond nn8iD[8O8DC8 of StnJ{tUneS. |8DdSC8pinQ and general 8ppe8[8OD8 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 existing_ eecupancyuses 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 Community Development 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- (94-G) Location and appearance of equipment located outside of an enclosed structure. (1 044) Location and method of refuse storage- (1142) Physical relationship of proposed structures to existing structures in the neighborhood. (124-3) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. (1344) Proposed signing- (14.1 -5) 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 use p 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 a— peried —ef one (1) year of approvale+gbtee,4-+�46, otherwise, a new evaluation and review shall be required prior to any development unless otherwise authorized. 52. Section 9272g 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 use pe itConditional 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 individU8|(s) requesting the hearing. The owner and each individual requesting the hearing Sh8U have the opportunity to present evidence and vvitD8SSBe regarding the nonconforming status. The hearing may b8 continued from time tO time by the Community Development []irgCtO[ Within thirty (3O) calendar days Of the conclusion Of the hearing, the CommunitV Development Director shall send tO the owner and any individual requesting the hearing a written final determination Of COnhJrnliOg or DODCODh][DliDg St8tUS that Sh@|| iDC|UdR 8 finding that the 8v3i|8b|8 Bvid8OC8 indicates the use and/or the StrUCiUnS is or is not legal DOOCODfOrDiOg. If no hearing is timely requested, the preliminary determination shall be deemed final. 55. Section S273(d) iS hereby amended 8Sfollows: kJ` A |Sg8| OODCODf0rDiDg structure, destroyed to the extent Of more than fifty (15O) 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 FegU|3iiODS existing in the district VYhenSiO it is |OC8tHd 56. Section 9273(h) is hereby added as follows: (h) Multiple familv dwellincis: Reconstruction/replacement Multiple familv dwellinqs damaaed or destroved due to catastrophic events may be reconstructed or replaced bv new identical construction development standards applied to the damaged or dest�roved dwelling units. However, repair or replacement construction shall comply with all currentkgj[�jM and fire code regulations. (CAL. GOV. CODE 65852.25) . 57. Section O274a(1)is hereby amended GSfollows: (1) Part 0' Administration of this Chapter COOC8DliDg application for and @CboD on 8 use peFwAConditional Use Permit. 58. Section 8274e(4)(b)iS hereby amended 8Sfollows: (b) In DO event may rents be increased fOUOvvOg 8pp[nv8| Of a tentative map or use permitconditional Use Permit without prior City Council @pp[OV8| by FeSO|UtiOO or 0|DUt8 O[d8[ 50. Section 0275iS hereby amended 8Sfollows: 9275 REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS Shall conform to standards and site development standards set forth in Section 4316 of the Tustin City Code et al. Ordinance No. 1429 — Exhibit 1 Page 172 MN M.'eleme, im .11 Ordinance No. 1429 — Exhibit 1 Page 173 elm Fz-lr2.,SM!M= M2M "MIN M- m mmgm- Ordinance No. 1429—Exhibit 1 Page 174 60. Section 9276b definition of "Building-mounted" is hereby amended as follows: "Building-mounted" Ol88DS 8 building or b] such as 3 vv3t8r h]Dk, billboard, fdl*oGh-S[88p|e. freestanding sign, 61. Section 9276f(2)(a) is hereby amended as follows: (2) Site selection order of preference (a) Wireless communication facilities shall Le located in the following order Of preference: 1 On existing StnJCtUr8S such as buildings, CODlDlUOkc8UOO tOvv8[S. G4ur*�+-Ste8p|8G, freestanding signs, and/or co-located OD 8xSbOg facilities. 2. In locations where the existing tOpOg[aphy, 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. 02. Section Q27HjiS hereby amended 8Sfollows: Monitoring Program Each wireless communication facility approved subsequent to the adoption of Ordinance No. 1102 shall be reviewed bvthe Community Development Director 8tthe 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 Community Development 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 Community Development 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 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, only after the Community Development Director has given written approval deter -r, „fined that any proposed use or the erection construction, reconstruction, alteration or conversion is in conformance4y 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 Community Development DirectorBuilda the Gity or his authorized Fepre6eRtative. 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 Zoning Administrator or the Planning Commission. The Zoning Administrator or the Planning - 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 Ordinance No. 1429— Exhibit 1 Page 176 being or will be COrOp|ked with. Aop|iC3tkJDS for use p Conditional Use Permits may be considered after holding public hearings thereon, as required by |8w. Notice Of such hearings Sh8U be given to the pSr3ODS designated and in the manner prescribed inSection 91969296b. Aoo|iC3tkoD for use p Conditional Use Permits Sh8U be Dl8d8 in vvrbDg by the 0wD8rS of the pr0pedv, leSS8R, purchaser in eSC[Uw' or optionee, with the QJOS8Dt of the 0vvO8[S. or plaintiff in an 8{tiOO for eminent dODl8iO for acquisition of said property, OD 8fO0n prescribed by the Planning CODlrOiSSiOO. The @pp{iC3U0O Sh3U be 8CCODlpGDied by @ fee as set forth by City Council Resolution of GRe nd plans showing the details 0f the proposed use tObe made Of the land Orbuilding. c Decision of the Zoning Administrator or the Planning Commission Upon receipt Of the 8pp|kc8tk}O for Conditional uUse pPerDit, the Zoning Administrator or P|8ODiOg Commission Sh@U determine whether Or not the 8St8bUShRleO[ Dl8iOt8D@OC8 Or Ope[8U0O of the use applied for will, under the CiP:UDlSt8DC8S Of the p8rtiCU|8[ C8Se' be detrimental to the health, safety, [nOr8|s, comfort and general welfare of the persons residing or working in the neighborhood of such proposed US9' or whether it will be injurious or detrimental to property and i[Dpn]v8no8DtS in the neighborhood or the g8Oe[@| welfare of the City. If the CO[nrniSSiOD finds that the 8fOr8rDeObOO8d CoOdiUODS will not rRSU|t from the particular use applied for, it shall grant the u6e p Conditional Use Permit. The g[8DUUg of 8 use p Conditional 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. 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 or prohibited kl the specified feF the district iOwhich such lands 0[ buildings are |OC3i8d may not b8 8||Ovved by the granting Of 8 v8h@DC8 from the strict 8pp/iC@UOn of the terms of this Chapter. 67. Section 9293 is hereby amended as follows: 9293 PERMITS 8 Effective Date Of8Permit NO use permit onditional Use Permit OF permit granting 8 V8h8OCe Sh8U have any force or effect UOU| the applicant thereof actually F8C8ive3 such permit designating the COndidOOS Of !itS /SSUe thS[SOD and signed by the 88Cn8t3[y Of the Planning Commission, Zoninq Administrator or the City Council. No permit shall be iSSU8d by the City until the time for filing an appeal from decisions of the Planning Commission or Ordinance No. 1429— Exhibit 1 Page 177 Zoning Administrator as provided in Section 92949194 hereof has Sxpir8d. Or, in the event Of such appeal, after the final determination thereof by the City Council. b Length of Permits Any use permi Conditional Use Permit or variance granted in 8cCOnd8OC8 with the terms Of this chapter Sh3U be OUU and void if not used within One /1\ year from the date of the approval thereof Orwithin any |OOg8r period of time if SO designated by the Zoning Administrator, Planning C0Dl[DiSSiOD or the City COUOCi|. C Revocation OfPermits Any use p Conditional Use Permit or variance granted in 8CCOrd8ODB with the terms Of this chapter may be revoked by the City COUOCi| in the [O8OOer hB[8iOaft8[ set forth if any of the conditions or terms Of such permits are violated OF if the following findings are made: M\ In COODeCiiOD with use p Conditional Use Permits: The CODiDU8nC8 of the use would be dRthDleDt8| to the hS8hh' safety, DlOn8|S, comfort and general VV8|f8re Of the penSOOS residing or vvOd{iDg in the neighborhood Of such US8, or would be injurious or detrimental to property and iDlpnJv8nl8ntS in the neighborhood O[tnthe geD8[8| vV8|f8Fe of the City. (2) In COODeCtOn with variances: CODbOU8d relief from the strict 8pp|iC8tOO of the terms Of this chapter vvOu|d be contrary to the public iDteF8Si. Safetv, health and welfare. d Hearing for Revocation OfPermits B8fOF8 the City Council DOOSidenS [evOC3tiOD Of any permit, the Planning CODlDliSGiOD Sh8U hold 8 hearing thereon 8ft9[ giving written notice thereof to the p8rOiUBe at |88St ten (10) days in advance of such hearing. Within five (5) days th8[88ft8[. the CoDlDliSSiOn Sh3|| t[GOSOlit 8 report of its findings and its recommendations OO the revocation tO the City Council. e Subsequent Applications For 8 period of one (1) year following the 8pp[OV8|. denial or [eVOC8iiOD of diSCrHUOO8ry |8Dd use permit, no app|iC@UOO for the S8nn8 or SUbSt@nd@|k/ Sirni|8r discretionary permit for the same site shall b8filed. f Modification of Conditions of Approval NO request for modifications of any condition of approval F8|8UOg to any fee, eX@CUOD or dedication of real property iDlpOS8d on any [@Dd use permit Orapproval Sh@U be 8CC8pied after the final decision OO the |8Od use permit Or 3ppn3v@| uO|eSS 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 (]RjiO8OCe No. 1429— Exhibit 1 Page 178 Whenever this Chapter prescribes that 3 public hearing shall b9 held 0nthe discretionary pp|iC3dOD as, variance 0[ amendments b] this Chapter, notice thereof shall be given as provided in this G8Cti0O. b Notice of Hearing Notices Of the public hearings OO applications for Conditional Use Per riit,u% variance, appeals and amendments k] this Chapter changing the boundaries of any district shall be given by the body conducting such hearings in the manner prescribed bvSections 65090 or 6509165500 and 85O54Ofthe Government Code of the State of California. dl-,- NObC8OfHe8hng:Special h H88ngS NOdC8SOf public hearings OD matters other than 85 specified inSubsection "b" hereof shall be given bv the body conducting such hearing bv publication iO8 newspaper Of general circulation in the City Uf Tustin, 8t least ten (10) days before the hearing. ed Notice of Hearing: Failure to Post Notices Failure k] mail Or post notices aS specified iO Subsection "b^ hereof shall not invalidate any proceedings. fe Notice of Hearing: Filing of Affidavit Upon COrnp|8tiOO of the posting or [D8i|iOg of the notices provided for in SUbS8CUOO "b" and publication 0f notices aS provided in Subsections "b"and "C" hereof, the City Clerk, if the hearing is held by the P|@DDiOg C0[DrDi3SiOD' Or if the hearing is held by the City COUDCi| Sh8U C8USe an affidavit of such O18i|iOQ or publication to be filed in the permanent records of the particular proceedings to which such notices pertain. 69. Section 9297the following definitions are hereby amended or added as follows: store that sells a line of dry groceries, canned goods, " Convenience Zone" means the area within a 1/2 mile radius of a "Supermarket", defined as meeting the following definitions based on CAL. PRC. CODE § 14526.5: — Identified in the Progressive Grocer Marketing Guidebook. — Gross annual sales of $2 million or more. " or non-food items and perishable items. Ordinance No. 1429- Exhibit 1 Page 179 "Delicatessen" means a small market or deli selling ready-to-eat foods, includ4q but not limited to cold cooked meats, sandwiches, and salads. "Dwelling" Dl88OS @ building or portion thereof designed for residential 11 J "Fronta.ge or Fronting" means the portion of a parcel which abuts a street quarters of a permanent-Aype—Gf GO ipeRsation in any form us reGeived or paid. "Guest Quarters" means an attached or detached building or room that provides living quarters for guests and (a) contains no kitchen or cooking facilities: (b) is clearIV subordinate and incidental to the principle residence on the same building site; and (c) is not rented or leased, whether compensation is direct or indirect. "Home (]cCuD3dUD" 0e8OS an OCCUD8LiOn c@Di8d OO wholly within 8 dwelling by an occupant of the dvv8||iDg' as 8 secondary uS whiGh there is: Na person employed whG is not a I-esideent of the pFemises,--Po exterior display, no Stock in tFade OF GGMmadity sold upon the pre-ises I no housek Dses, no outside operations or stoFage, no alteration residential appearanGe of the health, safety or welfare of the general publ—, whiGh emits smoke, dust, fumes, odors, vibratiGns, glare er-�� f-wu--d i- the ;zone, no parking --, use made of any vehiGle over three immediately adjaGent to the premises of any veh!Gle beaFiR9 any sign, I-- h means a lot having frontage on two (2) paFallel e "Lot TVpes" means tVpes of lots that include the following (See Figure 5- 1. Corner lot. A lot located at the intersection of two or more streets where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot. 2. Double-frontage lot. A "through" lot with frontage on two generall parallel streets. 3. Flag lot. A lot having access to a public street by means of private right-of-way strip that must be owned in fee. Ordinance No. 1429 — Exhibit 1 Page 180 4. Interior lot. A lot abutting only one street. 5. Reverse corner lot. A corner lot in which the corner lot line is substantially a continuation of the front property line of the first lot to its rear. Figure 5-3: Lot Types Flag Lot Interior Lot Access Corridor Double Frontage Lot Corner Lot Reverse Corner Lot Interior Lot Corner Lot "Places of Assembly" means a building or portion of a building used for the gathering together of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, or awaiting transportation. "Places of Worship" means a structure or r)ortion of a structure that is used for the gathering of people for the purpose of performing acts of religious study, honor or devotion. Places of worship with gatherings of 50 or more persons shall be subiect to the Places of Assemblv reaulations set forth in the Tustin Building Code "Recycling Qente[F=aGility" is a center for the collection of recyclable materials. (See Section 9271 bb for recycling center regulations and classifications). A—�-Jing faGility does not include storage GentaineFs e aGtMty lGGated on the premises of a residential, GOMmerdal, or ma ;ufaGtUFi-,-, use and used selely fer the FeGyGling of Material Penerated by #iaf property, business or manufaGtuFer. ReGyGling facilities inGlude the fellewing: Ordinance No. 1429— Exhibit 1 Page 181 "Service Station" means an which provides for the servicing Of motor vehicles and Op8r8tOOS incidental therRtO. limited to the retail sale Ofpetroleum products and automotive accessories; automobile washing by hand; waxing and polishing Of 8UtOOlObi/8S; tire changing and repairing (excluding recapping); battery service, charging and Fep|aCHrneOt. not including n9p8i[ and rebuilding; radiator C|8@DiDg and flushing, excluding St88rD C|e8OiOg and repair; inSt8||3tiOD Of 8CCSSSOri8S; also including the fo||0vviOg Op8r8tiODS if conducted within a building; lubrication of motor vehicles; brake servicing limited to servicing and [ep|GC80eDt Of brake Cy|iOdH[S and brake 5h0S3; VvhBe| balancing; the testing, 8diuSt[DeDt. and Pep/8c9rneOi Of CGrbUF8iO[8, COi|S. CODd8OSe[s, distributor c8pS, fan be|tS, filters, g8OH[8tOnS, points, n}tOrS. Sp8[h plugs, V8|i@ge regulators, water and fuel pUnlp8. VV8tS[ h0S8S and wiring. "Second ReSid8Od@| Unit" Rle@nS 8 building or pO[UOn thereof designed for [8Sid8Db8| OO @ lot developed with 8 |6g@/ conforming single- family Z e. Is III HT-MR. MIS RAM W a ZZM -ft! IMMUSISMI 'Ilk MIN I "Service Station" means an which provides for the servicing Of motor vehicles and Op8r8tOOS incidental therRtO. limited to the retail sale Ofpetroleum products and automotive accessories; automobile washing by hand; waxing and polishing Of 8UtOOlObi/8S; tire changing and repairing (excluding recapping); battery service, charging and Fep|aCHrneOt. not including n9p8i[ and rebuilding; radiator C|8@DiDg and flushing, excluding St88rD C|e8OiOg and repair; inSt8||3tiOD Of 8CCSSSOri8S; also including the fo||0vviOg Op8r8tiODS if conducted within a building; lubrication of motor vehicles; brake servicing limited to servicing and [ep|GC80eDt Of brake Cy|iOdH[S and brake 5h0S3; VvhBe| balancing; the testing, 8diuSt[DeDt. and Pep/8c9rneOi Of CGrbUF8iO[8, COi|S. CODd8OSe[s, distributor c8pS, fan be|tS, filters, g8OH[8tOnS, points, n}tOrS. Sp8[h plugs, V8|i@ge regulators, water and fuel pUnlp8. VV8tS[ h0S8S and wiring. "Second ReSid8Od@| Unit" Rle@nS 8 building or pO[UOn thereof designed for [8Sid8Db8| OO @ lot developed with 8 |6g@/ conforming single- family Z e. Is ZZM 'Ilk I 011111 IMM Ordinance No. 1429 — Exhibit 1 Page 182 "Micro- winery" means an establishment that includes beverage production of wine and may include a tasting facility and sale of wine produced by the owner of the establishment. The establishment shall not include the sale of alcoholic beverages for on -site consumption with the exception of sampling the product within the tasting facility. Wineries shall provide ancillary food service in combination with its primary 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, —er Planning Commission or City Council of the City ef Tustin is called upon to determine, in cases of ambiguity, whether or not the use of any land or structure in any district is similar in character to the particular uses or plans allowed in the district the Director of Community Development, Planning Commission or the City Council shall consider the following factors as criteria for their determination as applicable:te determine whetheF GF Rot use of land eF any 1- --1' diGtFiGt is -Si—ilar in GharaGteF to the paFt;GL4!aF uses -allowed in the distFiGt, the DireGtOF or Commission shall Gons*deF the following faGtGrs as criteria for the-�r deteFmiRa4Gi - (1) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large. (2) Effect upon traffic conditions. (3) 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)All other pertinent facts. c Interpretation Ordinance No. 1429 — Exhibit 1 Page 183 If any ambiguity arises concerning the appropriate provisions of the chapter, the Director of Community Development shall make an interpretation or the Planning Commission shall ascertain all pertinent facts and make an interpretation based on its findings and thereafter such interpretation shall govern. _- 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. i� : 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. ~`_...._Appeals Any person may appeal any decision of the Director of Community Development in accordance with Section 9294 of this Code. _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 Ordinance No. 1429 — Exhibit 1 Page (84 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. Di _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 is being added under the provisions of Section 9222 or 9223, parking shall be in accordance with the requirements of those sections. increase of not more than ten (10) percent of the - maximum sign area allowed, per zoning regulations. Ordinance No. 1429— Exhibit 1 Page 185 C2\ Variances when required bv the City Code: (8) A d8CF8G39 Of not more than ten (10) percent of an individual required building site area. (b) An increase Of not more than twenty (2O) percent 0f the permitted projection of steps, stairways, |3DdiOgS. e8VeS' COOliC8S. C8OOpieS' overhangs, masonry chimneys, raised porches and fireplaces into any required building setback. (G) A - - e-a----- -_-1 nGt more thaf4 tweRty (20) peFGent iR the permitted dist_-,n_-_-S decrease in the number of required off-street parking Sp8C9S for nonresidential land uses UpiO@ maximum Of twenty (3O)percent. |q)__/\ decrease of not more than twenty (20) percent in the required setbacks for buildings, |@ndSCGpiDg. SvViDlrniOg pOOlS. spas and 8qUipDleOL (e) An increase of not more than twenty (20) percent of the maximum sign area allowed, per zoning regulations. (3) Conditional Use Permits when required by the City (8) Dish antennas. ` /b\ Bulk Reverse vending Dl8ChiOeS. (c) Business operations (including storage) conducted within view from public .right of way. ���Large (�|(��(]O-pn8D1iSSS dry cleaning. (e'Vf K8iOO[CUPG for existing development where there vvOu|d be DO change Of p[|0@[y UGe, there would be OO expansion of floor area, and the request would not alter the O[/gin8| intent of the project or site. ,J\kd (]D-Site alcoholic beverage sales license for restaurants. (h) Secondhand sales when pawning iS not included. DeVe|OpDl8Dt or cODStrUCtiOO Of new buildings in the CO00erCi8| G8OeF@| (CG) or |DdVSt[/8/ (M) Districts where more than fifty (50) percent of the total 8n38. Or any portion of the gn}UOd 000[' is designated for by pn3fgSSiOn8| or general offices. �#`U)ACC8SsOry buildings used 3s guest . Ordinance No. 1429 — Exhibit 1 Page (86 ill, tk) Temporary uses for a period of more thantp-to one (1) years+} MoRths. =p 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. III. Article 9 Chapter 4 of the Tustin City Code is hereby amended as follows: 1. Section 9402 the following definition is hereby added: "Flat Roof' means a roof having no slope or one with only a slight pitch so as to drain rainwater. 2. Section 9404a1(p) is hereby amended as follows: (p) Roof4Gp signs, except roof top signs displaying only company name or logo on a flat roof so not to be seen from a horizontal plane of view below the roof line and approved as part of a Master Sign Plan pursuant to 9403h or 9404b6.