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HomeMy WebLinkAbout04 Ordinance No. 1429, Zoning Code UpdateITEM # 4 AGENDA REPORT TO: PLANNING COMMISSION ALUS - SUBJECT: ORDINANCE NO. 1429, ZONING CODE UPDATE (CODE AMENDMENT 13-001) PAPULTITEW Ordinance No. 1429 (Code Amendment 13-001) proposes the incorporation of text amendments to Articles 4 and 9 of the Tustin City Code (TCC). The incorporation of the proposed text amendments will ensure internal consistency; consistency with the requirements of State Law by incorporating legal updates; and, consistency with the Tustin General Plan. That the Planning Commission adopt Resolution No. 4210 recommending that the Tustin City Council adopt a Negative Declaration and approve Code Amendment 13- 001 (CA 13-001) by adopting Ordinance No. 1429 to amend Article 4 and Article 9 of the Tustin City Code (Attachment 1). At the regular meeting of February 26, 2013, staff provided draft Ordinance No. 1429 (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. The evening of the Public Hearing on March 12, 2013, written comments were submitted by Chad Ortlieb for consideration after 7:00 PM. The Planning Commission asked for any additional input from the public and continued the item until April 9, 2013, to provide staff additional time to consider and respond to the written comments. It was also noted by the City Attorney that the comments were received after the public review period for the Initial Study which was available for public review from February 20, 2013, through March 12, 2013 until 4:00 PM (written comments were submitted at approximately 7:20 PM). CA 13-001 Public Hearing April 9, 2013 Page 2 � * MI At the Planning Commission public hearing on March 12, 2013, staff provided an agenda report (Attachment 2) with a summary of the proposed code amendments for Planning Commission consideration. A copy of the agenda report has been included for reference. Updated Proposed Amendments Minor amendments have been incorporated in highlighted format to the proposed Code Amendment (CA 2013-001) for Ordinance No. 1429 (Attachment 1 Exhibit B). These updates are based on input from the Planning Commission, public input, and City Attorney recommendations. The updated amendments include: • Revised General Plan Goals and Policies • Amendment to proposed TCC 4316 reference to discontinuation of commingled solid waste • Addition of code sections for site development standards • Revise term "churches" and capitalize "Conditional Use Permit" throughout • Addition of site development standards for community centers, social halls and lodges in the R3 District for consistency with Places of Worship site development standards • The proposed term "assembly uses" has been removed where originally proposed in this code amendment (i.e. clubs and social halls, fraternal organizations and lodges will remain in the Zoning Code list of conditionally permitted uses) • The excepted uses listed in parenthesis for the C3 District have been removed since schools, places of worship and outdoor sales establishments would be conditionally permitted in commercial districts. • Operation of uses in the General Regulations was revised to clarify that operation of uses must be conducted within a completely enclosed building or effectively screened from view. • Addition of the title "Community Development Director" to Procedures and Time Limits section. Planning Commission Report CA 13-001 Public Hearing April 9, 2013 Page 3 The term and definition of "Lot Coverage" was added to the definitions. This definition is currently utilized in the City's East Tustin Specific Plan and is a common land use development term. The definition for "Places of Assembly" has been removed from the proposed code amendment. • The definition for "Places of Worship" has been amended to remove reference to the number of persons and reference to "Places of Assembly". Public Comments The public meeting was posted in accordance with Gov. Code § 54954.2 Ch. IV. Public notice was published in the Tustin News on February 21, 2013. At the Planning Commission meeting held on February 26, 2013, the Planning Commission heard public comments as part of Regular Business Item No. 3 Transmittal of Code Amendment 13-001 Zoning Code Update (Draft Ordinance No. 1429). Written comments were received by staff at the public hearing on March 12, 2013. Although the comments were not received timely on the Initial Study and proposed Negative Declaration, responses to comments have been provided for the Planning Commission's consideration (Attachment 2). :4 04 kri The proposed code amendment is considered a "project" subject to the California Environmental Quality Act ("CEQA") 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. Amy Stonilc , AICP Senior Planner Elizabeth A. Binsack Director of Community Development CA 13-001 Public Hearin6l April • 2013 Page 4 Attachments: 1. PC Resolution No. 4210 Exhibit A Initial Study and Draft Negative Declaration Exhibit B Draft Code Amendment 2. Agenda Report for March 12, 2013 (no attachments) 3. Comments received at March 12, 2013, Planning Commission meeting 4. Response to Comments received March 12, 3013 Exhibit A Matrix for Uses Incorporated in CA 13-001 A RESOLUTION OF THE PLANNING COMK4|G8|{JN OF THE CITY [}FTU8T|N' CALIFORNIA, RECOMMENDING THAT THE TUST|N CITY COUNCIL ADOPT NEGATIVE DECLARATION AND CODE AMENDMENT 13-001 (CA 13-OO1) ORDINANCE NO. 142BTO AMEND ARTICLE 4 AND ARTICLE S{}F THE TUST|N CITY CODE pO INCORPORATE TEXT AMENDMENTS. The Planning Commission Of the City Of Tustin hereby finds and determines 8Sfollows: A. That the City has initiated Code AnleOd0eO[ 13-081 to 809Od Article 4 and Article 9 of the Tustin City Code to incorporate text amendments intended t0 Org3D|z8 the COd8 using an updated fD[Dl8[ ' incorporate legal UpU8t8S and changes tO reflect California State Law, and update terminology and definitions; B. That proposed 80eDd[0eDiS t0 /\rtiC/8S 4 and 0 of the Tustin City Code (TCC\ require the approval 0fGO ordinance approving Code Amendment 13-O01; C. That proposed Code /\[OeDd[DgDt 13-001 i3 CVDSid8r9d 8 "project" subject to the t8DDG of the California EDVinODDleDt8| Quality Act rCEC>A/'\. l-he[Sh}na. an Initial Study and findings for proposed Negative U8C|8[8tiOO (Exhibit A) have been pnBp8Rgd regarding this project for FecVDlD18Od8UOO by the P|8DOiOg CO[DDliSSinn; D. That @ Notice Of Intent to Adopt @ 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 15O72(b). The Initial Study and Or8M Negative DeC|8[8bOn were 8V@i|8b|e for 20-day public review and comment period from February 20, 2013. through March 12. 2013, in compliance with the State CEOAGuidelines; E. That the City Council iSthe final for the project and will consider the Draft Negative Declaration prior to approval of proposed Code Amendment 13-001; F. That on F8b[U@p/ 7, 2013. the City gave pub/k: OO[CS of the holding Of G public hearing 3t which the project vvDU|dbe considered bv publishing iD8 newspaper 0f general circulation, and by posting a notice at City Hall; G. That on February 20, 2813, Code Amendment 13-001 ([}[@ft [>ndiD8nC8 NO. 1429) was transmitted tO the Planning Commission and made available for public H. That on K48[ch 12, 2013, ` th8 Planning COrDDliSSioD held 8 dUk/ DOdCSd public hearing at which iDt8R3S(8d p8rSOOS had an opportunity to t8Sbfv in Support Of, Or opposition k], the COdB amendment and at which time the Planning CODlDliSSiOn continued the public hearing until April S. 3013' at which the Planning CODlrni8SiOD considered the |niU8| Study, Negative DeC|@F8d0O, such 0[a| and written testimony submitted, the staff report, and Code Amendment 13-001; Resolution No. 421O CA 13-001 Page That Code A08ndrn8rt 13-001 is COOSiSteOt with the 0beCUveS, 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 2: EOSUn3 that future |@Od USH decisions are the result Ofsound and comprehensive planning. Policy 0�12 Review and [eVS8, as O8CRSG8ry. the City's development St3DdGndS to improve the quality Of new deY8|Op[OeDt in the Qb/ and to protect the public health and safety. Policy 8.6 EDCOU[ag8 planned improvements iO electricity, natural gas, and communication service systems. Ui The Planning CODlDliSSi0n hereby neCOm[D8OdS that the City Council adopt Negative D8d8radiOD and Code Amendment 13-001 ((]PdiD@OCe NO. 1429) to amend Article and Article 9 of the TUSUD City Code to iOCO[pongt8 text a[DeDdOl8OtS as identified in Exhibit B attached hereto. PASSED AND ADOPTED at8 regular meeting Of the Tustin Planning Commission held OD the gth day of April 2013. STEVE KO2AK Ch8i[p8[S0D ELIZABETH A.B|NSACK Planning Commission Secretary STATE OFCALIFORNIA) COUNTY C)FORANGE \ SS CITY DFTU8T|N \ i ELIZABETH A. B|N8/\CK the UDd8[SigOed, hereby certify that | 8D Commission Secretary of the Planning Commission of the City of Tustin, Resolution NO. 4210 was dUk/ p8S38d and adopted at @ regular meeting � P|8DDiDg Commission, held UO the 9th day Of April, 2013. ELIZABETH &B|N8ACP( Planning Commission Secretary the Planning California; that of the Tustin EXHIBIT A 'INITIAL STUDY AND DRAFT NEGATIVE DECLARATION Project Title: Project Location: Zoning Designation: U14wif 1711Y -I I 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 City of Tustin Citywide 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 ❑ City of Santa Ana ❑ South Coast Air Quality Management ❑ Orange County EMA District F-1 Other Attachment: EXHIBIT 1:Tustin Planning Area ❑ Aesthetics ❑ .1 Air Quality ❑ Cultural Resources ❑ Hazards & Hazardous Materials ❑ Land Use/Planning F-1 Noise ❑ Public Services ❑ Transportation/Traffic ❑ Mandatory Findings of Significance On the basis of this initial evaluation: 0 Agriculture Resources ❑ Biological Resources ❑ Geology/Soils ❑ Hydrology/Water Quality ❑ Mineral Resources ❑ Population/Housing E] Recreation ❑ 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-1 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 I 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. F-1 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 mitigation measures that are imposed upon the proposed project, and no further documentation is required. Dated Elizabeth A. Binsack, Community Development Director Preparer: Amy Stonich, AICP, Senior Planner Code Amendment 13-001 (CA 13-001) City of Tustin 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 I Code Amendment 13-001 (CA 13-001) City of Tustin previously prepared or outside document should, where appropriate, include a reference to th4. 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. 4 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? City of Tustin Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ F-1 F-1 M F-1 ❑ F-1 M ❑ ❑ ❑ F-1 F-1 M ❑ ❑ F-1 M Discussion: Code Amendment 13-001 ( rdinance 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. 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 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: Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code -« -• Code Amendment 13-001 (CA 13-001) 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, 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 agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? City of Tustin Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated ❑ ❑ ❑ ❑ 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 7 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 ll.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. gation 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/dlrp/fmmp/Documents/fmmp guide .2004.pd Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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 implementation of the applicable air quality plan? 8 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 or contribute substantially to an existing or projected air quality violation? C) Result in a cumulatively 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 substantial pollutant concentrations? e) Create objectionable odors 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 .o_ a) 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? 10 Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ r-1 F-1 1-1 EJ ❑ a a 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? 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 Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ 1701 X FN FN IMI X FE] 70 FO-1 10171 FL-11 01 [III 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 11 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 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 change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Discussion: Code Amendment 13-001 (Ordinance No 1429L— 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 Significant Significant Impact With Mitigation Incorporated Less Than No Significant Impact Impact 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 ❑ El ❑ City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ F-1 F❑ F� ❑ ❑ ❑ ❑ ❑ 0 1:1 ❑ ❑ ❑ ❑ ❑ F� ❑ 1-1 ❑ F� ❑ El ❑ 11 ode Amendment 13-001 (CA 13-001) Issues: Potentially Less Than Significant Significant Impact With Mitigation Incorporated e. Have soils incapable of 0 adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 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 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 16 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 • 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 • approval requiring a soils report will be required prior to issuance • 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 VI.a (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 h_Up://www.ocwatersheds.com/dam-preport/default.aspx?ID=1000358 17 Code Amendment 13-001 (CA 13-001) City of Tustin Vil 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 10 X a, I '01 1-01 FE-1 a, F07 IN Fol 0 FE] 70 1-01 VMS 101 Fall IN a f) 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? City of Tustin Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ F� M VO FN a FN It no • VIVO] 0 NW Discussion: Code Amendment 13-001(4rdinance 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 r, Uode Amendment 13-001 (CA 13-001) City of Tustin standard condition • approval may require a site-specific • e• technical 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: Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: VIII 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, No additional mitigation measures required 11111 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated F-1 F-1 ❑ 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? ?I 1:1 1:1 1:1 ❑ 1:1 1-1 F-1 M ❑ 1:1 ❑ H ❑ ❑ ❑ F1 City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ El ❑ 1:1 1:1 1:1 ❑ 1:1 1-1 F-1 M ❑ 1:1 ❑ H ❑ ❑ ❑ F1 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 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 D F] El F� water that would exceed the capacity of existing or planned stormwater drainage systems? i) Increase impervious surfaces El E-1 0 and runoff in a manner that substantially impairs water quality or causes other significant adverse environmental impacts? D Provide substantial additional 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 EJ M water bodies that are listed as impaired on the Clean Water Act section 303(4) 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 ❑ 1:1 ❑ F-1 1-1 City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact ❑ Mitigation ❑ z Incorporated ❑ tr7 ❑ ❑ 1:1 ❑ F-1 1-1 ❑ ❑ ❑ ❑ F� r_1 r_1 ❑ ❑ ❑ F-1 ❑ z F-1 ❑ ❑ t) Place housing within a 100-year ❑ El � flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Place within a 100 -year flood hazard area structures that would impede or redirect flows? Expose people or structures to El 0 ❑ N 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 ❑ ❑ ❑ M a significant risk of inundation by seiche, tsunami, or mudflow? 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 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. 1k) 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 MR 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. V111 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 V111 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. V111 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. VIII 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. wo Code Amendment 13-001 (CA 13-001) City of Tustin s) No Impact. As discussed in Response No. Vill 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 be subject to review according to the Flood Insurance Rate Map. The map would indicate whether a project was subject to a flood zone. However, no development is proposed as part of this project. Therefore, there are no impacts associated with the code amendment. 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 Vill 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 Vill 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 requirel Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. OC Watersheds bLttP://www.ocwatersheds.com/dampLeport/default.aspx?ID=l 000358 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 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 F-1 F� habitat conservation plan or natural community conservation plan? Discussion: Code Amendment 13-00E_Ordinance No 1429— 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 Mitigation Measures/Monitoring Required: Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code X MINERAL RESOURCES, Would the project: 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? No additional mitigation measures required. Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated F-1 F-1 F-1 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. 29 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. Elm 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? 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? RE Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated F-1 ❑ ❑ 1:1 ❑ ❑ ❑ FUN IN-1 FE] INS • is a] 0 E D M I '01 10-1 a GO Issues: Potentially Less Than Significant Significant Impact With Mitigation Incorporated 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? 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) Mitigation Measures/Monitoring Requireol Sources: 1 City of Tustin General Plan 2, City of Tustin Zoning ode Issues: 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? City of Tustin 1• additional mitigation measures requiret Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ Cl 0 F� ❑ r-1 ❑ El ❑ 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 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: 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 PUBLIC SERVICES. Would t project: I a) Result in substantial adverse ❑ ❑ El F� 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? 0 F-1 Z Police protection? El Z 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? El Parks? El ❑ � Other public facilities? El 0 1:1 M Discussion: Code Amendment 13-001f Ordinance No 1429— 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: Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code XlV 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? No additional mitigation measures required Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 1-1 ❑ 1-1 P� 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: W Code Amendment 13-001 (CA 13-001) City of Tustin 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: 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? No additional mitigation measures required In Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ rq ❑ ❑ ❑ F1 ❑ ❑ ❑ �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 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 F7 access? L--J L-i F� f) Result in inadequate parking capacity? g) Conflict with adopted policies, ❑ plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 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. lb) 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 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. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: XVI UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No additional mitigation measures required. W Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated r-1 ❑ ❑ Z Code Amendment 13-001 (CA 13-001) 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 (SIB 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 City of Tustin Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ FS LEI 101 701 10-1 1-01 101 a, FM 101 FOR 1111 a f) Be served by a landfill with Q F-1 M sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and ❑ El F� 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 V111. 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) • Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XV11 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to EJ 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? Discussion: Code Amendment 13-001 (Ordinance 9 _� �.142�— 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 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: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 43 TUST IN 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 agency named 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) streets or attach a map showing project site (preferably a USGS 15' or 7 112' 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 /Mitigated 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 659625. ❑ 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, ❑ A scoping 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 scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date, time and location of the scoping meeting are as follows: Date: Time: Location: ----d Copies of the p ublic review Initi Caity Hall, located al Study and Dra ft t Negative Declaration/Mitigated Negative Declaration are on file and are available for at : I City Hall address: Community Development Department, 300 Centennial Way i . v , Tustin, California 92780 L 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 I 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: I i 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: I Title: Senior Planner Staff Name: Amy Stonich, AICP Phone: (714) 3126 CITY OF TUSTIN NOI �z AIr 17 G 'ENER -/-,L DLAIN, February 22, 2oo5 I ustin Planning Area fil COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial PV(q, Tustin, C4 92780 (714) 573-3100 NEGATIVE DECLARATION 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-')126 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: That there is no substantial evidence that the project may have a significant effect on the environment. ❑ 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 r r r O-�F -ZDI(I`lANCE N00 'I!12 g ORDL 1I N,MCE OF THE CITY COUNCIL OF THE C11 T Y OF T J 571N, CALIFOC RiNI A, ADOIP T]NG 0F,110INAN C1--- No. VA,22 �CCDL I� �9D�)IEN7 12-6301 TO ANTEND ARTICLE 4'A-MD AMRACLE B OF Tir-N-=- 7US 1 -N C1 T YC'ODE TO lNC c� R UOF�n T E IRMIN 03 a -E/X T TO HEM ZONING COiQ�, The City Council of the City of Tustin does hereby ordain as follo�jAis: The 'City Council finds and determines as follows: A. That the City has initiated Code Amendment to Article ,4 and g of the Tustin City Code, to incorporate text amendments to the zoning code. The goal of the proposed code amendment is to 'ensure consistency �jvith the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 16 -661 �jajill provide updates consistent vvilh State la�jAj and �iivill 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 16 -661 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 �jAlill incorporate text amendments to the Zoning Code ensuring consistency with the objectives, policies, and land use programs specified in the Tustin Cenerai Plan. CA 16 -601 complies vvi'th the General Plan, including the fo,llovving 'Land Use (LD) goals and policies: LD Goal 1: (Provide for a Naja l balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, vvhile maintaining a healthy, diversified economy adequate to provide future City services. Policy 6.12 Review and revise as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety Policy 8.6 Encourage planned improvements to electrsc ity, natural gas, n- nd communication service systems. E. That the proposed amendmont 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; Ordinance ?9o. 1,429 Gag-, 12 F. That a ]NOtice of Intent to Adopt a Nsgative- Declaration was filed vkjith the CIork for 'the County of Crange for posting, and proAded to members of the public using a method perrnKted cinder CEQA Gua deHnes Section 15072(b). he initial Study and Draft l\legative !Declaration vio— re available for a 20 -day public revie�jAj and comment period from February 20, 2010, through March 12, 2010, in compliance with true State CEQA Guidelines; G. That on March 12, 2010, 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 13, 2013, the Tustin City Council held a noticed public hearing and considered Code Amendment 13-001 and adopted resolution No. 13 -13 approving the Negativa Dociaration and initial Study prepared for CA 13 -001 (Ordinance- iNlo. 1420), to amend the Tustin City Code II. !Code Amendment 13 -001 is hereby approvad. The Tustin City Code is hereby amended as provided in 7,ExNbit 1 attached hereto. M. SeVerability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be inv0d or unconstitutional by the decision of any court o1 competent jurisd °fiction, 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 mould have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the tact that and one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PALSIED AND ADOPTED T ED b y the City Council of the City of Tustin, at a regular meeting on the `h day of , 2013. ELWYN A. MURRAY, Mayor JIEFFREY C. PARKER CITY CLE-RK STA J , OF rCALIEOr�NJlA COUNTY OF ORANGE ) CS CITY OF UUS IN � Ordinance No. 14129 Ia CER THCAT U\1 FOR ORDINANCE NO. 1429 JEFFREY C. PATO MC R, City Clerk and ex- of,icio Clerk of the City Council of the City ors Tustin, California, does hereby carffy that the whole ruUmbsr of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1 -29 vvas duly and regularly introduced at a regular meeting of the Tustin City Council, held on the zn day of , 2013 and was gil�en its second reading, passed, and adopted at a regular meeting of the City Council held on the �th day of , 2013 by the folloNimi g vote: COUNCILMEMBER AYES: COUNCILMEMBER i\9CES: COWNICILMEMBER ABSTAINFED: COUNCILMEMBER AIISEV� u : JEFFREY C. PARKER City Clerk Exhibit 1: Amendments to the Tustin Article 4 and Article 9 of the Tustin City Code %with highlighted revisions Ordnance No. 1 -29 -- Cxhbi'l I Page, � I Artjcle 4 Chapter 3 of she ` us'dn Lilly Code is hereby amended as fok,4�js: 1. Ssakn 4315 is !hereby, added as foilo,? s: 4316 REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS a Purpose The purpose of this subsection is to establish a comprehensive set of reaulations and guidelines regarding areas for collecting and loading recyclable materials ire -tl4e and recyclable materials for transportation to a mixed -waste processina or material recovery facility. b Definitions For the purposes of this section the following words shall have the following meanings: "Development proiect" means any of the following: 1) A project for which a building permit is required for a new commercial industrial or institutional building or residential building having five (5) or more living units where solid waste is collected and loaded or any residential proiect 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 physical change which adds to the value of a facility, prolongs its useful life, or adapts it to new uses excluding repairs Repairs keep facilities in good operating condition do not materially add to the value of the facility and do not substantially extend the life of the facility. "Public facility" means any building structure or outdoor recreation area owned by a local agency. Ordnance i'Na 1 ,429 e CxhUt 1 Page � 2 "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 recyclinq 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, recyclinq areas are only required to serve the needs of the living units which utilize the solid waste collection and loading area. d Guidelines The following quidelines 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 design and construction of recycling areas shall be compatible with surrounding land uses, structures, topography and vegetation. Developments and public right -of -way adjacent to recycling areas should be adequately protected against any adverse impacts such as noise odor, vectors or glare through measures including but not limited to maintaining adequate separation fencing, and landscaping. (4) Recycling areas shall have a solid roof or awning and shall be enclosed by masonry wall with access 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 adiacent to or developed in conjunction with, the solid waste collection areas. (10) A sign clearly identifying all recycling and solid waste collection and loadinq 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. ,S X L aea �v cc A N s 0 E 3 s �J 0 Q Kes L U L U w cn C o (U N (n O Q � m �0 m N — m r NC E L d7 > W L Q u 0_a cn v NH 'g UJ am` '� .b O N c -a O� 1., . O J E Q to iC QI ~`• Ln O � O p i6 .O 0 a b Z acaU) m W p ca m C ,, M Z (n a) ca O o (/f — cu cn V Z ES" � N ° w `— C o a Q m �0 m N — m E L d7 > W Q u v 'g UJ am` '� .b O N N "O O� 1., . O J E Q to iC QI ~`• Q O � O O Z acaU) W w.. N � C ,, M CN o o W — cu V � N ° N HI Q m m o m u Q u u 'g am` '� .b N "O O� 1., . O ,y% u to iC QI ~`• ,•D U � ,Y O ti w.. o o U o ra ° HI n �n en Ln i. U w cu ca m Q m cn cn n v cl U Ci O O p O N N � n y y CD H v w � Z u y � �-, • � of ,-. . � q c P4 � (� N a N .� � ° � � o`°i •" � � chi rn � � � It U) N ;4 Q) a el v E-+ ILUI � M�p a e9 ti z Q a a � l o U s w Ln tl m Q m ° 0 cc N N t75 O O 'CS .fi C�t (] w w m ° V o Q � ° ,y •ct ° o ° c O .a Cq Q a, y � cs vy N Q Ordinance undo. 1429 -- E: uNlbK 1 Page- � 8 2. Section 9221 is hereby amended as folloNjvs: @221 91,ES1DL 1EN70AL 07RICLJL T URAL D1STTo C T �F,,),� a FST°ruittsd Uses and Development Standards In the Residential Agricultural District (RA) only the folloviing uses, (or uses �jvhich, in the opinion of the Community Development !Director and /or the V fanning Commission, are similar) will be allowed subject to the deveJopment standards identified in Table 1 of Section 9220 and /or as otherwise specified inef this Chapter. 1. Single family dvAjeiling (a) Maxim height 0 feet (b) Mir'„ baildin9site. 7,200 `vi iaFe feet (G) MiRiMUM lat width at pFoperty liRe..' 6.0 feet of 40 feet requiFed in GUI de- sacs (d) Maximum 10t Goverage; 40 perGent (e) Mi imp i fFORt yard setbaGk: 20 feet rf'� Minimum side yard 6etbaGk� GFRer let line. 10 feet,, iateTierr'at li e..' 5 feet (g) MiRiM61Fn rear yaFd 6etbaGk: 5 feet with not less thaR 1,000 square open spaGeE)Rrear 113 ef4Gt , (h) Minin ;wn lot we,a -per family unit: 7,200 -she -feet -- Repeated. ITT Repealed 2, Light farming, except commercial dairies, commercial kennels, commercial rabbit, fox, goat or hog farms, or commercial chicken or pouitrnj ranches. (a) Maxi„ m e,Ii�f- 30 feet f(vb Mi ) RiMUM build site- 7,200 square feat 3. Accessory uses normafly incidental to a single family dweliing or light farming. This is not to be constTued as permitting any commercial use. 4. Crop and tree farming d. Home occupations in accordance with this Chapter. Ord9 nancs i\9o. 1,429 e Exhibit 1 Page 7 0. Large family day care homes (subject to the provisions set forth in Section 9271 aa). b Conditionally Permitted Uses and Development Standards The following uses (or any other uses �juNch, in the opinion of the community Development Director and /or the Punning Commission, are similar) may be conditionally permitted in the Pesidsntiai Agricultural District (,R-A,) subject to the issuance of a Conditional Use Permit aria swleci is ire deveioprrment standards identified in Table 1 of Sep _� �, ;if -20 and/or as specified in this Chapter. 1. Places of WorshipGhUFGhes, schools, parrs, ,playgrounds, ;public utility :red publiG . (a) Maximum 'height: 30 feet (b) Minimum buiiding site: 20,000 square feet for Places of Worship des, 5 acres for schools, public utility and other uses as specified in a Conditimiai aUse pi= ermit. (c) a 7inimum lot �jui lth at ,property line: 100 feet (d ) Maximum lot coverage: A0 percent (e) Nl inimum front yard setback: 25 feet, unless otherwise indicated by Zoning Nlap (f) Minimum side yard setback: Corner lot line: 10 feet; lnterior lot line: 5 feet (g) Minimum gear yard setback: 20 feet 2. The maintenance of not Peer b,,io (2' horses or wvvs for private use provided that minimum land area be thirty (30) thousand square °�eet; oi�}e -te ase -perms (a' A&inimum bUiiding site: 30,000 square -feet (b) Minimum lot width: 100 feet (c) Ailinimum front yard setback: 00 feet, unless othemiise indicated by Zoning NIap (d) Nlinimum side yard setback: 20 feet (a) MY Wmum rear yard setback: 10 feet 3. The maintenance of not more than 25 rabbits or similar small animals or commercial chicken raising, SU?? eGt tO use permit (a) Maximum height: 30 feet Ordinance No. 1429 e Exhibit 1 Page O VS (b) Nliinimum building site: one (1) acre (c) Nlinimum lot )xidth at property Dine: 100 feet (d) Minimum front yard setback; 60 feet, unless other,��ise indicated by Zoning a lap (e ) Nlinimurn side yard setback: Corner Iot line: 20 feet; Interior lot line: 10 feet N/linimum rear yard setback: 10 Meet. 3. Section 9222 is hereby amended as follovtiis: ,9222 RE DEN J LAL IE5 11 A7E 1-015 FUCT a permitted Uses and Development Standards In the Rssidential Estate District (C4) only true folloviing uses (or uses which, in the opinion of the Community Development Director andfor the Manning Commission are similar) �jill be allowed subject to the development Standards identified in Table 1 of Section 9220 and /or as specified inef this Chapter. 1. Single family dv�jellings (a) Maximurn height: 39 feet feet, ZeRing Map (s)— Minimum let width at property lines 89 feet ,u, Maximum - lat_severag . 40 peFGent (e) Mi imp i fri}Rt yard se aGk- 0 feet Minrimurrn side yard setbaGk: 1 Q nornent of lot width (g) ---- Minimum rear yardGetbaGk� 20persent of lot depth (h) MiRiMUM lot area per family uniti 7,500 square feet I epealed. Q,— Repealed. 2. Accessory buildings only if constructed simUK2neOUSiy �JfVith or subsequent to the main building on the same Iot, and accessory uses normally incidental to single family residences. This is not to be construed as permitting any commercial USeS. Ordnance No. 1,29 e Exhibit I Page � 9 (a) MaAmum height: 2 feel (b) �A,/1a ,XirnUm lot CONJerage: 30 percent of rear yard (o) Nlinimurn side yard setback: I foot (d) Minimum rear yard sesback: I foot excopt 5 feet required on an alley 3. dome 000upa'dons in accordance vjith this Chapter. A. Large family day care homes (subject to the provisions set forth in Section 9271 aa) 5. Second residential units (a) N /laxirrum he- igb'l: 30 feet (b) l�iinimum buiidl rg side: 12,000 square feed (c) Naximum overall lot coverage for all structures combined: 50 percent (d) NIa.,imum lot coverage forth-. second residential unit: 30 percent of rear yard and 30 percent of side yard (e) jMv inimum from yard setback: 50 feed for detached unit; 20 fees for attached unit (f) Nlinimurn free yard setback for Off-street paring: 50 fees (g) Minimum side yard setback: !corner lot line: 10 feet; Interior lot line: 5 fees (Ih) Minimum rear yard setback: 5 �.es! (i) Maximum floor area of second residential unit: 10 percent of 'total lot area III) — Repeated. (k) Repeated. (4ff)_ Any second residential unit shall be consistent vvifh the archKoctural style, materials and color of the primary single - family &gelling and shall not detract from the single- family appearance of true primary single-family dvielflng Ona)(k) An nyT-1— second residential unit shall not cause a subs'�antial adverse charge, 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 F- lstoric Places or the City of Tustin Historical Resources Survey Ordinance No. IA29 - ExhUt I Page 1 1 0 (nRD MYT-fae second residential unit shall be constructed concurrently ?,kjith, or subsequent to, the primary single-family &ua ling, �j?ihich shall be conforming or brought into conformance �j�jith the Tustin City Code {e}LMI- i ll entrances to anv_t� second residential unit shall be located towardto the rear of the primary single gamily &Yuelling and shall not be visible from the public right- of- A''Alay (p)nwj'\Ihen the primary single-family d�sjelling �jAioUd conform to the devse opment standards normally applicable to second residential units, and the second residential unit is built betkiveen the primary single family dwelldng and the front property line, the second residential unit shall be subject to the development standards normally applicable to the primary single family &,Ajelling. b Condiitionafy Permitted Uses and Development Standards The following uses (or any other uses which in the opinion of the community Development Director and /or the Planning Commission are similar) may be conditionally permitted in the Residential Estate District (E4) subiect 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 Chapter. 1. Places of WorshipGhuFGhes, schools, parks, playgrounds, public utility and quasi-publiG buildings and , crop and tree farming -- ,ubjeGt tG use permit. (a) Maximum height: 00 feet (b) Minimum building site: 20,000 square feet for Places of Worship ehUFs#es; 5 acres for schools, public utildty and other uses as specified in a Conditional uLjsrz ou; it (c) Minimum lot width at property line: 100 feet (d) Maximum lot coverage: 40 porcent (e) Alinimum front yard setback: 20 Test, unless othaniuise indicated on Zoning Niap (f) N /linimum side yard setback: 10 percent of lot tip, \idth (g) Minimum rear yard setback: 20 percent of lot depth (h) Repea#ed 2. Accessory buildings used as guest ug art ersmems, providediag no cooking facility is installed or maintained, subject to a use-pem recorded deed restriction approved by the City. Ord °nancs No. 1429 e E,�hiYk' 1 P g8 11 (a) N/laximum height: 2 fast (b) Maximum lot coverage: 30 lOercent of rear yard (c) Minimum front yard setback: 50 feet unless otheriMse indicated on Zoning M as (d) Minimum side ?hard setback: Corner lot line: 10 Beet, Interior lot line: 5 'Feet (e) Ai inimum rear yard setback: 5 feet 4. Section 9223 is hereby amended as °FolImiais: 9220' 5�j',\,9QLIE FAMILY RESI DENTAL 1-0IS7RI �R1) a Permitted Uses and Development Standards In the Single 'Family Residential District (R1) only the FolimAjing uses (or uses which in the opinion of the Community Davalopment 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 -'i this Chapter. 1. Single family dwellings (a) Maximum height: 30 feet (b) nnir�'si- building site 7,2 feet (G) "BTU lot width at pregert e 60 feet (d) Maximum 10t Goverage: 40 peFGeRt (e)---- MiRiMUM fr yaFd setbaGk. ~%cet M MiROMUM side yard . } (g) Minimum FeaF yard setbaGk: 5 feet, but not less than 1,000 squaFe feet Minimtt lot are. per family unit: 7 200 square feet um �crarcct-pc, rcrrnlry- arm:- rz��aarczccc Repealed. Repealed. 2. 2. Accessory buildings only if constructed simultaneously v�ith or subsequent to the main building on the same lot. (a) AAaximum height: 2 feet (b) Minimum lot width at property line: 40 ieet on cut -de -sacs at property line Ordnance P\1o. 1429 - Exhubit I Gage 112 (c) Nla,' uMUM lot coverage: 30 percent cu rear yard (d) Minimum front yard setback: 50 Pest (e) iNfinimum rear yard setback: 5 fast, but not less than 1,333 square fe-st clear and unobMructed on rear 113 of ielt. 3. Accessory ease ncrma ly incidental to single farn iiy residences. This is not to be construed as permKting any commercial uses. (2) Minimum side yard sestbacsk: I °acct (b) N inimum rear yard setback: I foot except 5 faet regJreci on an alley A. Srru @ll f2Mily clay care hone subject 'to the provisions set forth in Section g271aa. 5. Home occupations in accordance �,iui'th able Chapter. (Orel. No. 333, Sec. 2a) 3. Large family clay care homes (subject etc the provisions self forth in Section 9271 22). 7. Second residential units: (a) MaAmum height: 33 feet (b) Mnimum buMing site: 12,000 square ueet (c) Maximurn overall lot c®VeMge for ill strucWres combined: 50 percen'l (d) Mz—L imum lot coverage for the second residential unK: 33 percent of rear yard and 33 percent of side yard () Minimum from yard setback: 50 feet for detached) unit; 23 'Feet or attached unit ( °) ujrliinimum front yard setback for off- Street parking: 50 feet (g) Minimum side yard setbacX: Corner lot line: 13 feet; ln'tsricr lot line: 5 feet (h) JMiniMrn rear yard setback: 5 feet (i) Maximum floor area of second) residential unit: 13 percent of total lot area 0;-- Repealed. (k) Repealed k ' An T44e second residenjal unEZ shall be consistent with the 2rchReGIUT2l style, materials and color of the primary single - family dv✓elling and shall Ordinance No. 1429 e Exhibit I Page 0 13 not ds-'tract from the single - family appearance of the primary single- family dvuaHing (rn)L) AnyThe second residential Unit shall not caLise a substantial adverse change, as defined in California PUbiic Rssources Code Section 5020.1, in the significance of any real property that is listed in the California 119-sgister of Historic 'Places or the City of Tustin Historical Resources Survey (} An rThe second residential unit shall be constructed concurrently aiAdth, or subsequent to, the primary single - family dv ielliing, vihich shall be conforming or brought into conformance �,A>i ?h tha ` usJn City Code (-e4(m)___All entrances to gnythe second residential Linit shall be to the rear of the primary single - family dwelling and shall not be visible from the public right- of -NA12y (p)LnL—When the primary single family &,vaslliing ?jviould conform to the development standards normally applicable to second residential units, and the second residential unit is built bet1jvjeen the primary single - family &, /wiling and the front property lions, the second residential unit shall be subject to the development standards normally applicable to the primary single family dv�.iaHin . b Conditionally Permitted Uses and Development Standards The follo�jvving rises (or any other asses vivhich, in the opinion of the Community IDeve- lopmen't Director and/or the .Planning Commission, are similar) may be conditionally permitted in the Single Gamily 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 Chapter.. 1. Places of Worshipt #un=hes, schools, parks, playgrounds, public utility -and- public uses, crop and tree farming ; k;- - + +„ ,,se r,arw,i+ (a) MaAmurn hsigM: 30 fast (b) Minimum building site: 20,000 square feet for daces of Worship des, 5 acres for schools, public utility and other U3es as specified in Conditional uUse pi'ermit. (c) Mtinimum lot width at property line: 100 fast (d) IN11w imum lot coverage: 40 percent (e) Minimum front yard setback: 25 feet, unless othenjivise indicated on Zoning Nlap (f) Minimum side yard setback: Corner lot line: 1® fast; lnterior lot line: 5 feet Ordinance T,\9o. 1 -29 e Exhibit 1 P -age � 14 (g) Minimum rear yard setback: 20 f-ast 2. Accessory buildings used as guest quart Nrsreems, providediag no cooking facility is installed or maintained, subject to a use-peffiiftcorded deed restriction approved by the Uity. (a) lVaximum height: 2 feet (b) 1A7aximum lot coverage: 69 porcent of rear yard (c) Nlinimum front yard setback: 59 foett, unless otheniviso indicated on Zoning leap (d) 1Ailinimum side yard setback: Corner lot line: 19 feet; lntorior lot lone: 5 foet (e) Minimum rear yard setback: 5 feet 6. Public or private parking lots for automobiles when adjacent to any "C" or "M" District subject to the requirements of the City's parking regulations identified in Part 6 of this Chapter. and when properly landSGaped, subjeGt to a use permit. 5. Section 9224c1 is hereby amended as follows: 1. Except as provided in Section 9299 of this codeAny appliGatien for a use perm> tauthorized through a Conditional Use Permit -in this district shall comply with Section 9291. ands submitted to the PI RRORq Gernmissinr 6. Section 9226a is hereby amended as follows: a !Permitted Uses and Development Standards In the Duplex RSsidsn'dal District (R -2), only the following uses (or uses which, in the opinion of the Community Development Director andlor the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9220 and /or as specifiedef in this Chapter. 1. ill uses sally permitted in the R -1 District, subject to the development standards specified in the R -1 District unless otherwise listed-.., subjeGt to a Gendotir�menal Use - fPerrPmrr . Ordinance No. 1 ,429 e Exhibit 1 Page 0 15 Minimum building site area• As specified in the R •1 Di + ' + in InTranrr��arran r9�rcc- urcaTCO�pcvrrTCa�i 'l- ciTa— tt-- r- t�tatttGt (^) Minimum let width: As specified in the R 1 DistFicA �u) v ORORI UM lOt'trevFage: As see ^o Tied in the R 1 Di tF;G+ (e) Minimum yard setbacks: As specified in the R 1 Di + ' + (af) r0ni rnurn lo't area per farnily unit: 3,500 square feet (g) Repealed. (h) Repealed. 2. Duplexes or tiro detached single- farnily d��ellings on the same lot. (a) height.• W 5 feet Minimum building site 7,200 square feet (G) Minimun; lot width at property line- 60 fee d) Tanim Iu n;'.1'7t-'Geverage: 50 peFGen (e) Minimum front yard s aGk. 20 feet i9 Minimum side yard setback: Cvrin-reeF lot 10 feet; InterioF 5 feet (fin) Minimum rear yard set feet `h) Minimum leteaperfami unit: '2 500 square feet '^ per � rrr; --- Repealed. Repealed. 3. Herne OGGUpations on aGGGFdanGe with this Chapter. 7. Section 9225b is hereby amended as follows: b Condi'knally PermRtad Uses and Development Standards The following uses (or any other uses vjhich, in the opinion of the Community Deveaoprnent Director and/or the planning Commission, are similar) may be conditionally permitted in the Duplex Residential District (R2) subject to the_issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9220 and /or as specified in this Chapter. 1. All uses conditionally permitted in the R1 District, subiect to the development standards specified in the R1 District, unless otherwise listed. Orlin -ance Nco 1 -429 — Exhib's I Page TriplSX �sing90 structure) Za) A112- irnurn height: 35 fort (b) Minimum buHding site area: 7,293 squaro lout (c) Minimum lot vjuidth at property Dune: 80 poet (d) JNIE'XiMurn Iot coverage: 59 percent (a) N inimurn front yard setb2ck: 23 fast �f) a linio° um side yard setback: Cornier lot Nne: 10 feet; Interior lot line: 5 feet (g) IINTnimurn rear yard setback: I O foot (h) Minimum lot area per family unit: 3,500 square feet Day care center (as d(s inod in the Health and SEFSty Code). 3. Socluon 9223 is horoby arnended as follo�,lis: a Permitted Uses and Development Standards In the N`lultif2mily (Residential District (R3), only the folio Mng uses (or uses vihich, in the opinion of the Community Development Director and/or the ;Nanning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9229 and/or as specified inet this Chapter. 1. All uses eenditis y-permitted in the R2 District, subject to the development standards specified in the R2 District, unless otherwise listed., 6, bjert te, Gendi tional Use Perri* / ) AA c nen ed in the D 2 DiStFiGt Ta�vr�. viii }F�m- I�Fnhgrn'- r�cy�pco�fFca� rrrn��- tyt�-rbt (b) Minimurn building site area. As specified in the R,2 D:StriGt (G) - Minimum lot width at line: As rnenified in the D 2 District (d) Mari.�;ntsovera`g�e: As SpeGifie J in m ore D 2 DiStFiGt (ae) Minimum landscape open space: 35 percent (f) �Ai� TI frp yard setback: As specified in the R-2 Distri t (g/ m` urn sidle yard ^ setbaGkL As SpeeGiifrierl�in the D n DiStFiGt (huh) Minimum yard set17u'evic:'-sA-c's spe6fr d in the D 2 DiStFiGt Ordinance No. 1429 e Exhibit 7 Page 0 17 ( ) Minimum lot area per family unit: 1,759 square 2. NlulJple family dvveHings, apartment houses .. ► ^fit: :�..�.e—= „e..._...�_.e..:. (gh) Minimum rear YiFd setba& 1— 0met 3. Accessary building normally incidental to any of the above. This shall not be construed as permitting any commercial use or occupation other than those specifically listed. (a) Maximum height: 250 feet Herne 4. Gc udders in aGGeFdanGe with this teF Ghap '-' N b Conditionally Permitted Uses and Development Standards The foiloAjljing uses (or any other uses �jvNch, in the op nion of the Community Dsyso opment (Director and /or the Planning Commission, are similar) may be conditionally Permitted in the Multiple Gamily Residential District (R3) subject to the issuance of a Conditional USS Permit and subiect to the development standards identified in 'I able 1 of Section 9220 and /or as specified in this Chapter. 1. All uses conditionally permitted in R -2 District, subiect 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 Ordnance Rio. 1429 — Exhibit 1 G agne � 18 (d) Maximum lot coverage: 75 percent (e) Minimum front yard setback: 20 feet (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) 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 or required front and side yard setback areas. (i) Minimum private open space for boarding houses: Twenty -five (25) square feet per occupant. Private open space shall consist of partially enclosed areas set aside for passive and active recreational uses that are assigned to individual occupants and/or rooms, such as private patios or balconies. 3. Community centers, social halls, lodges, clubs; (a) Maximum height: 30 feet (b) Minimum building site: 20,000 square feet (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 4-4. 4Rest homes, extended care facilities, convalescent hospitals, and sanitariums (a) Maximum height: ,40 feet b) u\ liniumurn building bite: 7,500 square feel (c) Nlinimurn lot width at property line: 70 feet (d) Maximum lot coverage: 75 percent (e) Minimum front yard setback: Corner got line: 10 feet; lnterior lot line: 5 feet Ordnance No. 1 /429 — EXNNt I Page � 1 (i) Minimum side yard setback: Cornier lot Nnos: 7O fenst; interior lot Me: 5 fsot i NTniMrn rear yard sotbaok: 10 feet Condorn niurns (as defined in the Co',A Code), Community Apartment Flrojecfits (as defirvod In the Business and G rofossbns Coyle), and Stock Cooperatives (as defined in the Business and professions Code) �jljben developed, or to be devoloped, pursuant to the criteria of the Manned Development DiStroot. 3. Day GaFe eeRte�� bjent to Cee+ien 92714 T G OG7"CCG C7p GOTCG OG'O'CfVTI -O Z"1 4-. Hotels , bearding, .. Fnetels and ho ta) Maximum height: 2 - SteFie 35 feet Minimum ,. �m � I width t nr nerty lino• 70 feat s M+�.rx�- rat -wT�i a�ep�,T,r,., «- ,-oz�� { Maximum --'Ot Geverage. 76 nernent (o) Minimum front v aFd setba& 20 feet (9 vAFmrn'crM side yard setback: Comer lot IiRe= ivfPett; IRterier to line -5feet (g) MiniMUM Fear a etba& 25 feed (h) MiRiMUM Gommen open SpaGe fE)F beardiRg houses: Three hundFed (300) square feet per bewding OF FOOrning house and fifty (60) squaFe feet pe ennlesed areas set aside for passive and aGfive renreatien I uses. es. driveways, . areas, eF required front and side yaFd cetba& areas rooms, Minimum private epen spaGe for beaFding houses: Twenty five (25) square feet per GGGUpant. PFivate opep spare shall GORGOSt Of PaFtially eRGlosed areas set aside feF passive and aGtive reGreatioRal use6 that are ba!Gen2es 50 Multiple family dwellings: ReGenStFUGtienlreplaGerneRt Multiple family dwe"iRgs damaged or destroyed due W GatastraphiG eveRts may development standards applied to the darnaged or destroyed dwe!!OF;g Unft6. 6_6-- Professional office use Ordunance No. 1429 — xhlbi't I Page � 20 Via) 'Nlaximurn height: 40 feet (b) PvTnimurn building site: 7,000 sguaro f3ell (o) Nljnimum lot vjidth at property line: 70 feet (d) Maximum lot coverage: 75 percent Vie) Minimum front yard setback: 15 feet (unless othenAilse indicated on Zoning daps) Minimum side yard setback: Corner lot line: 10 feet; Interior lot Dine: 5 feet (g) Minimum rear yard setback: 10 feet - -Swim schools c Maximum Height, exception Notwithstand °ng any provision to the contrary contained in this Soction 0220, �A,ihen a lot in the R3 [district abuts at any point along its property Pones or is directly across a street or alley from proporty zoned RA, E,4 or RI (developed or undeveloped), no main building shall be erected on said R3 lot to a height to exceed one (1) story, and /or twenty (20) feet, whichever is .more restrictive, within one hundred fifty (150) feet of said RA, E4 and R1 zoned ,property, unless 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 0 00) 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. 0. Section 0227b is hereby amended as Tollows: b Development Standards !Development standards shall be the follo Mng: 1. Minimum building site (a) Nilobile home parr or travol trailer park: five (5) acres. Ordinance '9o. 1429 e ExNbi.t 7 Gage 121 (b) Indii- ✓idL12l lot: f ha tote] area ou` aH trailer and/or mobile home spaces shell be squal to or greater tfnar the product of the °total number of spaces m>b kiplied by t o thousan l eight hundred (2,800) square feet. (o) Travel trailer spaces, �xjthi 2 minimum lot size of one thousand fi -ve hundred (1,500) square B'ee't, shell not exceed ten (10) percent of the total spaces in e mobile home p2rk- 2. Maximurn density (a) Mobile home perk: Ten (10) dwelling fruits per net acre (public streets (b) Travel trailer ,park: Fifteen (15) o9vajeiling units per net acre. (o) Any lmjvT ally establ°ishad and developed parcel ?xhiobi is legal and conforming or legally nonconforming as of the plate of the adoption of this subsection, and 1,xitb the acquisitions of public rigouts- ofc�A✓ay by e public agency vAjould result in densities e;xcesding the density permitted by the Zoning Goole or �,Ajould result in an increased nonconformity ljljit!b regard to density shall not bo considered legal nonconforming pursuant to Section 9227b2 and Section 9273 of true Zoning Goole rjith regard to density only, provr ded that all other provisions of the Zoning Cole are satisfied. 3. jMaximum height: Thirty (30) feet. 4. Nlirimum yards and setbacks (a) Front yard: V miler perk —lone Individual lot —Five (5) feet (measured from curb to actual structure, hitch excluded) (b) dole Yard: Trailer perk —None lndMdual lot —Three (3) feet 5. a iaximum lot coverage -75 percent Ordinance 19. 1429 — Exhibit 1 Page � 22 Racreation -area required A rninirr um of one hundred (100 ) square scat of recreational space shall be ;provided or each trailer or mobile home lot in the park. if MOTO than (25) percent of the spaces in the park are occupied by persons having one (1) or more chfl lren undror tho age of fifteen (15), an 2ddiftnal fifty (50) square feet Of recreational space shall be provided for each trailer or mobile home lot so occupied. Fences and �sjalis Any mobile home or travel trailer park shall be surrounded by a sii -toot, Sight - obscuring Tense or viall, of uniform treatmrant, s=ept 1j/ /xji'thin1 ion�y- ive (25) feet of an ontranca to, or exit from, a public stra-st whers such Manse or 1iva 1 squall have a maxim urn height of thres (3) foot unless greater height is specific2lly -approved in `Issue conditional use permit. -9-.8. Mthes drying An enclosed area screened from vimili shall be provided for the outdoor drying of clothes. No clothes drying shall be permitted on the individual lot unless done ,iK in an enclosed structure. 4-8-9. irrigation of landscaped areas All landscaped arras, other °than on indjvjdua� spaces, shall be provided ,with an irrigation system. 44-10. Architectural approval All rrcrr2tirnal and service structures, landscaping anal the rxtrrirr fence constructed in a r'nrbilr home or travel trailrr park shall be approved by the Arrhitealural Committer. 10. SscVon 9228 is hereby amended as frllr'Yv�s: a PrrmVLi Led Use 9n the Suburban Residential Distftt (R4) only tuhe frllovjing ears (or vacs �alhirh, in the cpinirn of the C®mmunKy'Drvrloprnenl: DiToctor ,-zindlor the Planning Ordinance :N9o. 1,429 — E;�hib°rt I Page 1 23 Commission, are similar) �iAjill be allowed, subject to the developrent standards identified in fabie `i of Section 9220 and/or as specified in of-this Chapter. 1. 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. RGCreation areas (public) and buildings, parks, playi`ields and ,playgrounds 5. Residential uses (all of a permanan"I character, placed In permanent locations) (a) Single - family &,vsh°in s (b) T'vkjo (2) or more detached one - family dwellings (c) Tlivo- family chjuellin s (d) �Nilultiplo -fam ly diijellings and apartment houses 6. Large family day care home (su'b9ect to the provisions se,t forth in Section 9271 as b Conditionally Permistod rises The following uses (or any other uses 'ftjhich, in the opinion of the Community Development Diroctor and /or the Planning Commission, are similar) may be conditionally permitted in the Suburban Residential District (R4) subject to the issuance of a Conditional Use Permit and subiect to the development standards itified in Table 1 of Section 9220 and /or as specified in this Chapter. 1. Boarding houses (see Section 9226b2 for additional development standards) nollaneS private cnhnnIq and r -olleg e.. vv 3:2. Day care center (subject to Section 9271 aa2) 4.3. Parks (private) and recreation areas, recroa�tion buildings, playfields and playgrounds, bLrl not including amusement parks or other parks of a commercial nature Ordinance 'No. 1429 — Exhibit I Page 0 24 4. Places of worship, museums, libraries, public schools and colleges private schools and colleges 5. Guest homes, e 'xtended care facilities, convalescent hospita9s, and sanitariums 6. Utility structures - Electric d1 stribution substations, gas metering and regulating stations and other similar public utiiii'ty structures and uses rendering direct seriices to the public in a local area M _r o _ ATJIA WW. in -- do Maximum Height, E; =pUon Notwithstanding any provision to the contrary contained in this Section g22128, �,,Njhen a lot in the R4 ',District abuts at and point along its property lines or is diiroctly across a street or alley from property zoned RA, E4 or R7 (daveioped or undeveloped), no main building shall be erected on said GA lot to a height to Sxceed one (1) story, andlor twam'(y (20) feet, �J /vhichever is more restrictive, within one hundred fifty 1150) feet df said F-RNA, ''E- or IR I Zoned property, sinless the Planning Agency shall grant a conditional use permit thereof. LSO C9 u 0 CA- U) OI M H m �o �. s N QI o z ti O O ti ry �y !-f U r•i U H e. V c-I '� eC U LC) z Q � a 2 Q 6 O w TI 'Ci ti k �. �. zz •p r—! (Q F+ 'C .o b All I CD Mr, w � � a O o� 6 0� OI obi UM �I a° rz �. N O Q) O O h US N N cry N U m o vc"I Oo UU� O fi U oa N ��� � ry O N -�. m UUq N 0 ^O+ V m 0 •O. o� CJ U cnmUU�lcn UUq"� UC7f�"� -E- x J 0) , S2 o N > U a _ ) L 0 - — 4- — z to N C ° C 0 Ordincanc-. 9o. 1429 29 e Exhibit 1 Page. 127 12. Section 9231 is hereby amended as fol mAis: S20il DF;O,JSF�' 510IM D157R- IIC 7 APT) a Permitted Uses In the Professional District (Pr), only the following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) w� be allowed subject to the development standards WEAntified in Table 1 of Section 9230 and /or as specified inof this Chapter. 1. Accessory b0dings and uses (except that no building site may be used simultaneously for residential and professional purposes) 2. Advertising agencies 3. Au°sornobile broker (office -use only) 4. Banks, financial institutions, and savings and loans (no drive -thru) 5. Collection agencies- 6. donne ocouPations in accordance 'with °:this Chapter 7. lnsurance agencies S. lnterior decorator or artist studios 9. Land and property management 13. Management, technical or professional consu9tants 11. Massage Establishments (Subject to Article 3 Chapter 6 Part 6 of the Tustin City Code 44 -.12. Office uses - including professional and general (as defined in Section 9297) 4-2-.13. Personnel agencies 4-314 Pharmacies - dispensing and selling only drugs, medicines and heaRh 44:15 Photographers Ordnance No. 1429 e Exhid it I Gage 0 28 4 -5:16. Single-family cNAjo- Mings and 'those accessory structures, buildings and uses normally incidental to true uses of -a building or premises for single - family occupancy subjecI to the requirernentS of she RI District 46-.17. Social � "Jork 4 -7-18. Stocfk brokers 49 -.19. T i °rle insurance companies 2L Travel agencies 21. Tutoring Facilities sb General Conditions and Razgulasions for Perm i'It,,ad Uses 1. General conditions and regulations of building and site use for all permitted uses except single - family &ifoliings and those accessory, structures, buildings and uses normally incident to the uses of a building or premises for single - family occupancy, subject to lho requirements of the "RI _District: (a) Except for Parking areas, IAA &Ch may be unenclosed, all uses shalt be conducted ti\j uolly ,,wi °gain an enclosed building. Ord °nancs �'\]o, 1429 e xNbis I Rag-- � 29 (b) All storage shall be �jvitNn an enclosed building, and shall be ]united to the accessory Storage of supp les utili,e-,cd in 'the business conducted upon the premuscs. (d)Lcl_AII portions of the building site, exclusive of structures, 1panking areas, drivev�j @YS and �x2Rl Yvays, shall be landscaped and maintained. 04fdj iNlo certificate of use and occupancy shall be granted until these requirements are met, establishment, 2. General Gonditions and regulations fGF the operation and rnaiRtenaRGe of all peFmitted uses are as fe!kA ro ■ ■ ME ■ de Conditionally :'Permitted Uses The tollmiMng uses (or any other uses which, in the opinion of the !Sommunity Development Director and /or the Manning Commission, are similar) may be conditionally permitted in the Professional District (Pr) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 and /or as specified in this Chapter. 1. Adult entertainment booking agencies (as defines] in Section 314 a and subject to the provisions set forth in Chapter 9) 2. Banks, fORaRGial institutions, and savings and loans 3-2. ®rive -thru facillties Ordinance. 1 -A29 — Exhibit I Page 130 Professional, instructional, motivational and%or seminar schools 13. Section 9232 is 'hereby amended as f011OVIS: 21202 R E7AL C cO NNIOM -1,ALA Dl STRTC T �Cl a Fermitted Uses In true Retail Comrrlorcial District (CI), only the follo�sjing rises (or uses NAjhich, in the opinion of the Community Development Director and /or the planning Commission, are similar) will be allowed subject to t'he development standards identified in Table 1 4 Section 9230 and/or as specifiedef in tNs Chapter. 1. General retail businesses, e(emplified by the follmAjing list, �jljhen conducted within a building: (a) Alcoholic beverage sales (of -site) located �jAjithin a building and permitted business ti,Ajit'h at least 15,933 square feet of gross floor area and �jA>here the alcoholic beverage sales area vjithin the building occUpies no rnore than 19 percent of the gross floor area (b) Antiques and curios (c) Appliance stores (including repairs) (d) Art galleries (e) Bakeries (f) ISicycle sales (including repairs) 'g Boobs and stationeries ('h) Ceramics (not including molding, casting or manufacturing by and process) Clothing (D� Confectioneries (k) [department stores (l) Drug stores (including sundries and notions) (m) Dry, goods (n) Florist shops (o ) Food markets (p) f=urniture sales (nevi/ /v or a ised1consignmen °t) Ordinance Nlo. 1 ,429 e E, Nbifii 1 Flaga 31 (q ) Har &Ajare stores '(r) Household goods and furnishings (s) Javveiry stores (including repair and �jvatch make n ) (t) Leather goods (U) Musical suppl°oos and instruments (v) �\\\ie'ws stands (u) Office supplies and equipment (x) Faint and wallpaper supplies (y) Roligious supplies (z) Secondhand sales without pawn W as Shoe stores {aa) b( b) Sporting goods (not inciuding (boat and motor sales) cc {fib} Variety stores�gift shoes Seniice businesses, exemplified by the foiimj / \ping lost, including any retail sales incidental thereto, when conducted within a building: (a) Banks, financial institutions and S2V✓ ngs and loans (including thoso providing drive -thru sonjice) (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) #)(e) ®ray - cleaning or laundry agencies (puck -up and delhvenj only) L Equipment rental business conducted within a 'building (light materials, i.e. party supplies, household appliances, small household tools, medical equipment, etc.) (g) instructional Studios (h) Laundromats or other solf- service laundaring facilities Ordinance Nlo. 1429 e Exhibit 1 G age 9 32 Martial Arts studies (i) �ocG;smiths {f} NfiL- ✓tassage establishments M Pet Grooming and s lhiont to the previsions set fnrbh in Ccntinn O271 bb) (l) Reprographics (m) Restaurants (no't including drive- ins /drkje-thru ) (n) Reverse vending machines (as defined by and subiect to the provisions set forth in Section 9271 bb) (n)Lqj—Seamstress or millinery shops {e)jph-Shos or luggage repair shops WLcl' Smog check stations ivith service bays in conjunction )xit'h approved service station (q&L_Tailor shops 04(s) Trayse agencies (ofo _Tutoring facilities 3. Office uses a including professional and general (as defined in Section 9297 and subject to °she provisions set forth in Section 927l es) b CondiJonally Farmitted Uses The folio ping uses (or any other uses which, in the opinion of the Community Development Director and /or the (Planning Commission, are similar) may be conditionally permitted in the Retail Commercial District (Cl) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table I of Section 9230 and /or as specified in this Chapter. a- -hp-n-ki-steFes (sLibjeGt tG the provisieps -;Pet- forth in Chapter 9) 2-1. Adult enteT-tainment booking agencies (as defined in Section 3141 and subject to the provisions set forth in Chapter 9) 3-.2_ Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271 d and the Manning Commission's Guidelines for Alcoholic (Beverage Sales Establishments Ordinance No. 1429 e ExNbit 1 Page 133 4.3. Animal hospita0s or clinics (small animals) 54_ AutomoUve supplies (insMllalion Of minor replacoment parts and accessories �jvithin an enclosed building) 6-5. &akeries (�j?ihoDssale :T76. BovAing alleys 7. Bulk reverse vending machines subject to the provisions of Section 9271 bb 8. Car Wash 9. Clubs and social halls 10. Convenience stores I!. Cel!eGt OR faGilities. (large) OGGUPYiRg a peFrnaRent building or store front as 11. Day care centers (subject to Section 9271 aa2) 12. Donation centers ancillary to permitted and conditionally permitted commercial retail businesses 13. Drive -thru Facilities (Drive -in and Drive- thru)F^^d esta 4sh.,4ent w #h d ye 14. Fortune- telling businesses (as defined in Section 31 ,41) 15. Fraternal organizations and lodges 16. Gymnasiums and health clubs 17. Motel and Motols 18. Deleted 19. Large Recycling Locations occupying a permanent buildinq or store front as defined by and subject to the provisions set forth in Section 9271 bb 20. Mortuaries 21.Oufice uses (ne,v) - Devslcprment or construction of new building structures ,where ore than fifty (50) percent of the total floor area or any portion of the ground floor area is designated 'for use sss61pae� by pro°fessionai or general offices (as defined in Section 9297) subject to office use criteria as set uorlh in Section 9271 as Ordnance No. I A29 — ExHbb t I Page � 34 22. Parking lots (commercial) 2 ?hnrmnnies with drive thrn 24. Places of worship 9297 and s ihion4 W the provisions of SeGtir.n 9271 v.a ..iwvy w are 25. Rest homes, ezxtended care facilities, convalescent hospitals, and sanitariums 26. Public schools & uses, private schools 26-.27. Service stations (a) uNIaximum (height: 35 feet (b) AAnimum buiUn site: 10,000 square feet (c) uAAnimum lot �jAjidth at property flee: 100 feet (d) a �aximurn dot coverage by builc ng oar structures: 50 percent (e) Ndinimum `sort yard setback: 15 feet unless othanivise Micated on Zoning M a p (� Minimum sidle yard setback: 8 feet 2-7--.28, Specialty stores 28-29. `heaters c [development Standards 1. None of the above Nsted uses or any other use determined to be Permitted shall maintain any outside storage or ,ajork areas. 7 Development nt nritefl �v @vei9��}errc'vrRCr a ( Maximum "heig t: 35 feet buildiRg 5,000 square feet 50 feet (b) Minimum (G) MiRimum site area. let line: width at property (d) MiRimum side setbaGk� None, 10 feet lot IIRII yaFd *rt1Fi Gt when pFoperty abuts on (e) MiRiMUM rear setbaGk: None, 5 feet lot yard wheR prepeFty abuts on "R" DistFiGt Ordincancs N,9o. 1429 — Exhibi'( I Page 0 35 } pealed d lase Criteria —Office Dsyslopmsnt 1. Office dayse opmenits vvi'Hn the Retail Commercial District (CI) shall be constructed to conform with the parking standards for retail commercial uses on the first floor area of the building unless otherLivise specifically -exempted pursuant to 'ft approved conditional Us-e penMit. Findings, including but not limited to the following, shall be made by the Planning Commission prior to approving a GOnditional -- use - -per-, aiCondit onal Use Permit for construction of a building v )Aihere greater than fifty (50) percent of the total floor area, or any portion of the ground floor area is designated for osGU{aaRGY by office use . (a) Dovse oprnent or construction of professional or general office buildings vjould be more compatible vvith the surrounding uses in the area than permitted retail commercial uses on the subject property. 3. Development or construction o'f buildings restricted to a mixture of uses in v�Ihich the retail commercial floor area exceeds fifty (50) percent of the total floor area is exampt from office development use criteria. IA. Section 9233 is hereby amended as follmAjs: 5 /223 RETAIL C'©N�!�'�CERCIAL !f0 7FFU a � (C2) a Permitted Uses In the Central Commercial District (C2), only the following uses (or uses �vvhich, in the opinion of the Community Development 'Director andfor the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section r" -�indfor as specified ine# this Chapter. 1. All uses listed as permitted in the CI (District, subject to the use and development criteria specified in Section 9232 (except uses listed as permitted below) 2. Office uses - including professional and general not fron °tine onto Main Street or ED Camino Real or located outside the Old gown Commercial General Plan land use designation (subject to the ,provisions set forth in Section 9277 eel 3. Retail uses exemplified b °the follovAng: (a) Clothing apparel receiving and distributing (b) Electronics stores OTd mace Nlo. 1429 ® Exhibit 1 paCa 9 36 (c) FurnitUTO consignment salon (d) Nurseries So vice uses, exomplified by the foflo?,,ving list, including any retail sales incidental thereto: (a) Smikiling alleys (b) Coin operated machunwy - repairs, sales and senkes (c) Dental /medical Lab } Electronics research laboratories and prototype assembly Le Mort arias 1 i�kr iu: v:: nrsrrtzi�yrJ :�'li:G7a��lrl:T�iiiiT -T- lid .11:T- T.�LT.T.SLTT- Z.1:i:SS�7. ■ - _ M. ■ F . iJ ❑epeale v 7. Repealed, sb _Conditionally Permitted uses The follo,Mng uses (or any other uses ALAjhich, in the opinion of the Cornmunuty Development Director and /or the Planning Commussion, are similar) may be conditionally permitted in the Central Commercial District (C2) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 and /or as specified in this Cha tamer. 1. All conditionally permitted uses in the C1 District, subject to the development and use criteria specified thereto (uses lusted in Section 22332 are porrnii ad). 2. Amusement resorts, arcades, and prkiate recreational facili ues �,,vNch incWdo video and vsndung machines or other such contrivances in -excess of five (5) 'which are idontucal to the principal business Ordinano-- No. 1429 Exhibit 7 Flage � 37 3. Automotive repair shops 4. Automotivelvehicle sales lots (used /pre - maned) 5. Billiard parlors and pool Qualls 3. Cleaning and dyeing establishments 7. Equipment rentals of heavy machinery Ttrailers, tractors, skip loaders) S. Garages (public) 9. Karaoke music studio 9. dra aun- r�rvmat 10. Office uses e Professionai and general offices (as defined in SsaJon 9297) fronting onto Main Street or El Camino Real or located � 'I'vithin t ie Oid `U o�jajn Commercial General Plan land use designation (subject to the provisions set forth in Section 9271 se) 11. Outdoor marGkets and outdoor sales establishments 12. k arty facilities including birthday party businesses 13. ?et shops 14. Secondhand sales with pawn /collections 15. Section 9234 is hereby amended as folloA,�js: UM MAAN COMMERCIAL DI 0 T X T (C3) a Permitted lases In the Heavy Commercial District (C3) District, only the follmAjing uses (or uses which, in the opinion of the Community Develop m ont Director and /or the Planning Commission, are similar) will be allowed subject to the de "ielopment standards identified in iadle I of Section 9230 and /or as specified in�e this Chapter. 1. All uses listed as permitted in the �! an, C2 Districts, subject to the use and development criteria specified thereto (excerpt uses listed as per , itted ibelmav) 2. �PHlec °tronic plants 3. Research plants 4. Secondhand sales 5. V \9holesale stores and storage Ordinance No. 1429 c Exhibit 1 page 0 3 3. MaXiMUM 19t . 100 peFGent, less parking and lan&Gapip�g I ii rements but v:wbjevt W General PFOViGinnS of this Chapter A �A,y.,..,..,,�..>,.w.. ..,�v I'. None, iv. '•I-- Minimum front yard setba6.1'ri+ one, 1 0 feet when frontage abuts lot in "R" DiStFiGt, unless o 5. MiRiMUM - side yaFd- set-baGk. Nome, 10 feet -vr'Ih-ren -sides abuts on a let in an "R" D!StFiGt, unless otherwise shown on Zoning Map 6. Mini um rear yard setbaslf "' -None, 5 feet when abutting an aR alley 7. Repealed. 5. Repealed. ,b Conditionally permitted Uses The fokvving uses (or uses which, in the opinion of the Community Development Director and/or the planning Commission, are similar) may be Permitted in the Heavy Commercial District (C3) subject to the issuance of a Conditional Use permit .ind subject to the deveiopment standards identified in Fable 1 of Section 9230 and /or as specified in this Chapter.. 4, AN uses Nsted as conditionally permitted in the GI a : C2 ®istriGis subject to the use and development criteria specified thereto Levoent SGhools planes .,f )EShipGhUFGhres, and outdoor sales establishments\ Uses lister! in Sentien 9234a are permitted w 2. Light manufacturing of clothing, nova[Jos, and toys ,— Maximum height: 5�0 feet 2. Minimum building site: 2,000 square feet 3. Maximum 10t Geverage� 100 perGent L1- - Minimum -frant setbaGk- Alone 10 feet frontage lot in "R" yard- when abuts a D►str+et,Uaiess othepwise shown OR ZGRinn Map 5. imum s.ide-ya-rd-eetbasi�• Alone Ill feet ��iheR i�mrarrry buts le �" � rvnc�vTCC�� or-rc� ra c�avcr side DiStr+st unless eth v. Minimum rear yard setha& As snenified in i use Hermit a_ Ordinzancs No. 1429 – Exhibit 1 Page � 39 16. Section 9235 is hereby amended as follows: -2,733 C0JRJIJT1[L-�G3C1AL CO) E -1FL� SAL D -97GZ1C7 Qca') a ;purpose To provide for and encourage the orderly development of commercial areas throughout the City in accordance moth the Land Use dement of the General Plan, �jvhich sorie the demand for a 1jajide variety of goods and serti'ices. b Permitted Uses In the Commercial General District (CC), the foilmjMng uses (or uses which, in the opinion of the Community Development Director and/or the Flanning Commission, are similar) will be allowed subject to the development standards identified in Table J or Section 9230 and /or as specified inef this Chapter. All uses listed as permitted in the G-and C2 Districts subject to t'he use and development criteria specified thereto (except uses listed as permitted belovj) c Conditionally Permitted Uses The folloijuing uses (or uses �jAjNch, in the opinion of the Community Development Director and /or the planning Commission, are similar) may be permitted in the Commercial General (CC) District subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 and /or as specified in this Chapter. 1. All uses listed as conditionally permitted in the C1 and C2 Districts subject to the use and development criteria specified thereto (except uses Posted in Section 9235b are permitted) 2. zany di eyelopment use - permitted under Section 9235b in excess of five (5) acres in total parcel space Ordnance j'\Io. 1429 - Exhbt I Pag-- � �O 3. Buildl ng supply 4. Business school 5. Ailanu acturing, f2bftation, dl stributicru facilities cccUpying less than 50 percent of floor area and less than 50 percent of operations d Restrictsd Uses 1. No �jAjarebousing or storage other than accessory storage of commo&ties sold at retail on the promises small be permitted except as otherwise provided by this Section. 2. ''Ho manufacturing, prccessong or treatment of products other than that 'which is clearly indicated to the retail :business conducted on the premises shall be permittod. 3. jNot acre than fives (5) persons shall be engaged ors ths. premises in the incidentaI manufacturing, processing er treatment of products as permitted) herein. A. None of the above, listed Uses cr any other Use d—aterminsd to be permitted shall maintain and outside storage or lwork areas. 5. No residential use shall be permitted in any structure used to commercial purposes, except to caretakor facilities incidental to tho permitted Liss. dr - - - - - .. Mel IF 9 Will Ordinanc -- No. 1429 — Exhibit I G'ege 1 -1 f{e _Development Standards 1. NlaA uUM strUotWral haight The maximum height of any building or structure shall not exceed 'three stories nor thirly- ive (35) feet; provided, hmiAiever, that penthouse or roof structures for ,tire housing of elevators, stEir\�vays, tanks, vantil2ting `Fans or similar c— gUiprnent required 'to operate and rmeintain 'lhe buildings, and fire or parapet vmHs, skylii hts, toviers, roo`F signs, I;lagpoles, chimneys, smokestacks, �Jvireless masts or sirriil2r structures may exceed such height limit; provided no space above such height limit squall be 211o�jAjed for true purpose of providing additional door space. 2. Structural setbacks (a) Front yard Q minimum often (10) feet front structural setback squall be required from the ultimate street right-- of -viay line. (b) Side yard A minimurn often (10) feet side yard strucltn..iral setback shall be required from 'the Ultirru&te street rigout- of -viay line or adjoining residential lot. OtheruMse, no side yard setback shall be required. (c) Rear yard VAlhere any coMrraercially zoned property rears upon the rear or side yard of property classified for single-family residential purposes, there shall be a rear yard of not less than fifteen (15) fee't. VAIhere the commercial property rears upon an alley or private drive easement, °there shall be a rear yard setback of not less than five (5) feet. Other`"kiise, no rear Yard need be provided. Ord nancn No. 1429 c Exhibit 1 Rage � 42 _Lot coverage Commercial sites may have 100 percent lot Coverage less that required for landscaping and paring requirements. 5-4. Lot size (building sits) A building sito shall occupy not less than a 3,000 square foot parcel. 6-5. Refuse storage requiroments Refuse storage areas shall conform to the standards and criteria contained in the Guidelinos for 'Manning, Zoning and Development, as adopted by the City Council. -1-. o. Street dedication l°o�h�kja dedication and improvements shall be as rewired by Section 9271x. 8-.7. SUfTiX (Supple ental proVisions) Properties designated "CG -G UD" on the Zoning Map shall require the sub mission and approval of design plans for a Conditional uUse ppermit pursuant to the requirements for Manned 'Unit Devae oprnents. 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 or less, as measured at right angles from the street frontage indicated as business frontage, additional adjoining property may be used for commercial purposes when such adjoining property fronts upon the side street and the side of such adjoining property abuts upon the property classified for "CG" purposes The additional property so used shall be a part of and an extension of the particular use occupying the corner property. The use of subiect property shall require approval of a conditional use permit. 2. Exception to height limitations Ordiranc-- Nlo. 1,29 e Exhibit Fage a -43 Height limitations of this Section may be exceeded for those structures removed more than two hundred (200) feet from any single - family residential zone subiect 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 sCity sCouncil. g Use Criteria—Office Development Office devaiopments �,AAZNn the Commercial General [district (Cc) shall conform to retail commercial use parMng standards for the first floor area unless othemlise specifically exempted pursuant to the approved conditional use permit. 2. findings, including but not limited to the foilmving, shall be made by the Plannin Commission prior to approving a onditionai se ermit for construotion of a building �)Ajhere greater than fifty (50) percent of the total floor area, or any portion of the ground floor area is designalud °for'9sstAPanGy b -t oMCS use . (a) Development or construction of professional or general office buildings N^jould be more compatible tij/ /kjith the Surrounding uses in the area than permitted retail commercial uses on the subject property. 3. Development or construction of buildings restricted to a mixture of uses in �j'vNch the retail commercial floor area exceeds fifty T50) percent of the total building floor area are exempt orcm office dayslopmsnr l use criteria. L �g L- 0 0 a� L C c m O N r � L O -101 1 11OI�-r a .. U � .r u cu o a � G d a o a o U CIA cnf o o o° °o �I 0 U z 1 .. U � cu o o G T a o U CIA o o o° °o o vw 0 U z 1 U � CIA Ordinance Mo. 1429 , Exhibit 1 Page � A5 18. Section 92 ,41 is hereby amended as follows: @c ZA1 "D MM FE�D OMDU07RJAL Du 13 T R I C U IP�111 G er Witted Uses The 'Following uses (or uses �j�ihich, in the opinion of the Community Development Director and /or the Planning Commission are similar) will be allowed in the Planned Industrial District (PM) subject to the deveiopment standards identified in Table 1 of Section 9240 and /or as specified in-of this Chapter: 1. ARy use peFmitted an the Industrial DiStF!Gt (M) WhiGh may not be objeGtionable by reason of noise, smoke, edeF, dust, noxious gases, glare, heat, fiFe hazaFds 2-1. Alcoholic beverage sales (off -site) located a jithin a building and permitted business with at least 15,000 square feet of gross floor area and where the alcoholic beverage sales area within the building occupies no more than 10 percent of the gross floor area 3,2. Book binding 3. Bulk merchandise sales 4. Ceramic and plastic fabrication 5. Chemical laboratories 6. Delicatessens 6-.7. Design and development �8. Distributors of electronic, electrical, and electromechanicai products 6:9._ _Finished ,paper products 9-10. Food (and kindred products) manufacturing or storage 49:11. Laboratories for research and development 44 12. Leather products 4-2,13, light industrial, research and development, and man ufacturing uses which do not maintain greater than fifty (50) percent of their gross floor area for ofu ice purposes 4-3-.I ,l Office uses - including administrative and professionai offices (as defined in Section 9297 ) that are accessory, to permitted uses (subject to °the provisions set forth in Section 9271 es) Ordinance No. 1!29 — ExNbR 1 Flage 0 46 4415. Outside storage (in conjunction with permitted use) enclosed in minimum of six -foot high solid fence 51C' Farking lots 46-1 i Pharrroaceutical products 4-7-.18. Photography and printing plants 4-&l 9. Precision machine, shoo 4- 9.20, Prototype 1Ajeapons and Fabrication of components 28:21. Public utility uses (except the storage ofuiaMrnable Duel products) 24-22, Scientific instrun`usnt manufacturing 22423. Tex is and furniture manufacturing b Conditionally permitted Uses The foilo�,,Aging uses (or uses �L�ihich, in the opinion of the Community Development Director and /or the G fanning Commission, are similar) may be permitted in the Planned Industrial District (PM) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 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 Severage Salss Establishments 2. Offices (greater than 50 percent of gross floor area) G Development Standards (a) Maximum 'um height: 50 feet (b) Minimum buildiRg site: 20,000 q aFe feet (G) Minimum let width at- prepeFty l,ae. 100feet (d) Maximum 10t GeveFaqe� 100 perGeRt leSS required parkiRg and lardssaping (e) Minimum front yard setbaGk� 25 feet unless otheiwise OR ZORing M (f) Minimurn side yard setbaGk: 3 feet unless othepNise on Zening Map Or6nance No. 1 -29 e Exhibit 1 Page 0 47 Map (h) Repealed rim) - Repealed. Repealed. 19. Section 9242 is hereby amended as follo�jk>s: @242 LMOUZY RLU, TLX0 7 RoC7 �El) a (permitted rises In the Industrial District (NI), the follo?ikdng uses (or uses �j,�jhich, 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 /pr as specified ine this Chapter. 1. All uses permitted in the FPM District 2. Sexually oriented businesses, as defined in section 3911(a) and subject to the provisions set forth in Article 3 Chapter 9 of the Tustin City Code. b Conditionally Permitted lases The following uses (or uses which, in the opinion of the Community (Development Director and/or the Planning Commission, are similar) may be permitted in the Industrial District (M) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 'I of 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. 4--2 All permitted uses that utilize greaser than fifty (50) percent of their gross door area for ofFice use (including administrative and professional offices as defined in Section 9297 and subject to the provisions set forth in Section 9271 ee) 2. AIGGhE)I*G beverage sales establishments subjeGt to the pFevisions set forth in SeGtien 9271,art and the Planning Commission's Guideliees for A1seholis Beverage Sales Establishments 3. Building material yards 4. Caretaker's residential unit vihen in conjunction with permitted use 5. Convenience stores 07diinance 'No. 1 ,429 e Exhibit 1 Page a 48 6. Hazardous waste facilities (subject to all standards and criteria contained in the Tustin City Code) 7. Indoor Kennels and Animal Boarding Facilities 7-.8. Manufacturing uses (subject to compliance with performance standards of the Air Pollution Control Board) 9. Places of worship and assembK- uses, subject to adopted guidelines &10. Restaurants 9-11. Retail commercial uses 4- 9 -.<12. _ Schools for professional, inS"LTUcticnal, motivational, vocational and /or seminar uses 44-13. Specialty stores 12 fireless faGil +ties -( subject t9 SeGtie Tom 76) 6 Development Standard (a) Maximum - height. 50 feet (b) Maximum 10t Geverage� 100 -PePGent less Fequired paFking and land /n\ Repealed (d) Repealed. 20. Section 9243 is hereby amended as folIMAIs; In the 'Unclassified District (U) ali uses are permitted unless otherwise prohibited by law, provided that a �+s°- Conditional Use Permit shall first be secured for any use to be established in any "U" District, with development criteria as specified in the use p Conditional Use Permit. 21. Section 924,4d 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 s agecified inGf this Chapter. 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 Ordinance IPMo. 1,422 � i'bit 1 pag-e 149 the !General Plan of the City, true General Man may be amended, pursuant to tine !General Plan Amendment process to conform to true devolopmont plan. Said amendment may be processed simultaneous �,,vit!b the amending of true zoning ordinance classifying t'he area CPC. 2. The continued use of land �,Mthin a PC District for agricultural 3. Grading shall be permitted �vitbin a GEC district OLI'lside of an area of immediate- dowelopment subject to securing a grading permit. 4. Any area designated for residential use may be developed at a louver residential density than is indicated on the approved de9elopment plan tiivithout requiring an amendment of true development plan. 5. Largo family day care Gnomes (subject to true prmJsions set 'north in Section 9271 aa). Reverse vending machines (I.s ;defined it Sectien 92e-? °Subject to standards contained in Section 9271 bb). 7. Sexually oriented businesses, as defined in Section 3911(a) 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 follovkis. (c) The Planning Commission has granted a- use peFrnitConditional Use Permi�", for any specific development. 23. Section 9264.-3 is (hereby amended as follows: S. Application for a perr itConditional Use Permit for development as stipulated above snail include the following as applicable: (a) Topographic map of the property shovj9 ng the proposed method of adapting the development to the site. (b) Legal description or boundary survey of the property; (c) Location, grades, ?�jidlhs and types of improvements proposed for all utilities, streets, Yvalk1juays, driveways and service areas; (d) Location, height, number of stories and number of residential units, if any, for each proposed structure; (e) Location and design of automobile parking areas; (�) Preliminary landscaping plan; Ordinance No. 1429 — Exhibit I Doge 150 (g) Location of public or quasi public buildings or areas, including but not limited to, schools, recreation facilities, parking areas, and service areas, H any; (h) elevations of structures shM'Ving architectural type; Vii) Irrevocable offers to dedicate those areas shown on the plan as public property; Nflethod by �,,Ajhich the property could be divided for the sale or lease of individual parcels; (k) Method by �iAjhich open space areas are to be perpetually maintained. 2A. Sections 9244f is hereby amended as /ollm ,,�js: f Con&lionally Permitted Uses The folloNj�jing uses (or uses which, in the opinion of the Community Development Director and /or the planning Commission, are similar) may be permitted in the lndustrial District (PC) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9240 and /or as specified in this Chapter. 1. Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271 dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments 25. Section 9245bI is hereby amended as follo)xs: 1. Places of WorshipChes, subject to adopted guidelines 26. Section 9245c is hereby amended as foHmo vs: c Development Standards The development standards and requirements for development and changes in use shall be those contained in the general section of this Chapter and as specified and approved by the Planning Commission as conditions of the :",conditional Use Permit. 27. Section 925283 is hereby amended as follmivs: 3. The Community Development Director shall have the authority to approve, approve with conditions, or deny Certificates of Appropriateness for improvements requiring a Cite building permit. in reviewing applications for a Certificate of Appropriateness, the Community Development Director may consult with and receive the advice and recommendation of the Planning Commission, in their capacity as thF: Historic Resource Committee prior to rendering a decision. Ordinance No. 1 -29 e Exhibit I Fla es 051 28. Section 9252i3 is hereby amended as folloNjAis: In addition to the above requiromsnt, no domoli`tion permit or relocation permit shall be issued for the demolition or relocation of a Designated Cultural Resource or structure �jwithin a Cultural Resource District built prior to 1940 until a Certificate of Appropriateness and City building permit has been issued for a replacement structure or as otherwise approved by the Director of Community Development. 29. Section 9252j3(c) is hereby amended as follmiiis: fad Author red and encouraged uses: The fo01 jving uses are authorized and encouraged �,,\ t'h the interest of creating a commercial viiiago atmosphere: Pipe and tobacco shops Lamp shops Wine tasting rooms /Micro - winery (not subject to distance requirements in Yardage goods section 9 Idd) Leather goods fSnit shops Candle shops lce cream shops �� Boutique _ JeNjAjelry shops Coffee shops Wrought iron ware Ethnic restaurants Art gallories (Spanish, Mexican French, German) General offices Zit located on any floor above and if less than 59 percent of `total area are occupied by general offices, consistent �,uith Section 9233a(l)(9) Hobby shops Delicatessens Photographer's studios IjI\ntique shops - China and crystal Gift shops The above list of Potential uses is not all encompassing bu`t typifies the character of uses 'that illustrate '[the desir ed image, 39. Section 9270 is hereby amended as folloNj?is: 2M ;macJL I-A�C��9 All regulations in this Chapter pertaining to the districts astabliishod in Sections 9213a and b hereof are subject to the general ProVisions, conditions and exceptions contained in this Part. Ordinance No. IA29 - Exhibi i Page � 52 at- Uses Permitted Cubjeat to''c Perm; 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 per PACond tionai Use Permit in accordance �,,Mth the provisions of Section 9291. In addition to the criteria for determining �nihether or not a u -se per 4 ECond ional 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 avill not be unreasonably incompatible livith 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 lame number of people or vehicles. The uses referred to herein are as follmxs: (a' Airports and landing fields. (b) establishments or enterprise involving lame assemblages of people or automobiles as follo%jAjs: (1) Amusement parks and race tracks; (2) Recreational facilities, privately operated. (c) The mining of natural mineral resources, together �jAjith the necessary buildings and appurtenances incident thereto. (d' Removal or deposit of earth other than in connection with excavations or deposits in connection v�ith 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. Ordinance, No. 1 -429 - Exhibit 1 Page � 53 (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- o'T -Vjay Dish antennae located in all zones othor than residential, exceeding three (3) feet in diameter and not fully screened or otherwise obscured from public right -of -1 ay NIMNAj. Approval of Temporary Uses Temporary uses are typically associated a�>ith special events or community events which are in ,place for a short period of time. Temporary Use Permits may be issued no more than tour (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)GGn4n ew,4 znne 4exGW i-P tho 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 more thaR thFee (3) days but less thaR thirty (30) days approval ef-a TemperaFy Use PeFmit from the Gemmunity Development DiFeGtGF and may be 2. Requests for more than thirty (30) days and up to one (1) year si 6 months require Community Development Director approval. approval of a GoRditia Use Permit (G ID) by the ZeRing Ardministr. tnr 3. Requests for more than one 1 ,gar six (6) months require approval of a Conditional Use Permit (CUP) by the Planning Commission. Any temporary outdoor use involving five hundred (500) or more persons gathering together at any given time may be subject to a Large Outdoor Gathering Permit pursuant to J ustun City Code Sections 32A1 through 32 ,44 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 allojaied in such district as provided in this Code, shall be deemed a prohibited use and such use shall not be allovied in such distlricl� 31. Section 9271 a is hereby repealed as follows: 32. Section 9271 b is hereby amended as follmxs: b public Utilities 1. General Utilities Ordinance Flo, 1422 c Exhibit I Page 54 (a) Public utilities y— d+stributi n and t ise. line towers, poles and 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 p _Conti"- onal Use Permit thereof and the provisions of this Chapter shall not be construed to limit or interTere �,jvi'th the installation, maintenance and operation of public util'oty pipelines and electric transmission or telephone commUnication lines vjhen located in accordance tijAjKh the applicable rUles and regulations of the Fubiic UiH'ties Commission of the State of California and within rights- of­jAjay, easements, 'Franchise, or mi,insrship of such public utilities. 2. Utilities to be Placed Underground (a) Whenever any property 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 existing 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 underground. (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. (d) 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 subiect to the applicable rules, regulations and tariffs on the respective utility or utilities on file with the California Public Utilities Commission. d) Where practical difficulties or unnecessary hardships inconsistent 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 Ordinance �No. I -A29 e ExNM 1 Page 0 55 (e) If the Planninq Commission's action is to delay the installation of required undergroundina utilities, it may require the building site owner to file with the City a cash deposit, and /or record a covenant sufficient to provide for 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. 33. Section 2271d is hereby amended as follmjus: d Height Limits of Tojivers Where chimneys, solos, cupolas, flag poles, monuments, gas storage holders, radio and other toners, �jajater tanks, skh 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. 3 -. Section 9271 e is hereby amended as follows: e public and Semi - Public Building Height Limit In any district Njaji'th a height limit of less than seventy -Mime (75) feet, public and semi-public buildings, schools, Places of v`; 3hipces, 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 prove ded that the front, rear and side yards shall be increased one (1) Moot for each one (1) foot by 'sjhich such building exceeds the height limit hereinbefore established for such district. 35. Section 9271f is hereby amended as follol�js: f 'Height (Limit in "C" or "M" Zone Upon securing a Conditional Use Permit any building in any "C " or " "N /1 " District may be erected to a height exceeding that herein specified for such district, provided that the cubical contents of the building shell not exceed an area equal to the area of the site upon which it is to be constructed multiplied by the factor five (5). 36. Section 9271 i is hereby amended as follo�jajs: i Peaces, pledges and V \,Ia is (1) Fences, 5_, hedges and 1jajails may be erected in any district, subject to the following conditions: (a) Fences, :hedges and 1jAjalls shall not exceed six Meet eight inches (6 "8") in height on or Najithin all rear and side property lines on interior lot fines, and on or to the rear of all front yard setback Pones. Ordunance No. 1429 — ExHNt I Page 156 (b) No lance, solid hedge or 1vail oYer 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 subiect to the Intersection Site Distance requirements as determined by the Public Works Department site distance standards No fenG,;edge sr wall ever three (3) feet in height shall be GenStF to d (2) aRy required reaF yard abutting the front yard of an adjoining let, G�r unless approved, in NjAiriting, by the g 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 subjeci to a minor adjustment (refer to Section 9299b(1)1 nh+^in��rmi} }h°r°fnr. (e) The provisions of this Section shall not apply to a fance or �juall required by any lavAj or regulation of the State of California or any agency thereof or by area other ordinance of the City of Tustin, for reasons of pu:boc safety. (2) Walls shall be constructed and maintained on zone boundary lines as fol mAis: (a) VAIhere any "C "° 9 WJ'", or "Pr" zone abuts upon any resudentiaii zone, there shall be constructed a solid masonry g all, six feet eight inches (63 ") in height on the zone boundary line. (b) VAIIhere any "R-3"a 7"Re40" or "P -D" zone abuts upon any Via -I zone, there shall be constructed a solid masonry �jvall sox feat eight inches (3'3 ") in height on the zone boundary line. (c) Where any "All' zone abuts upon any "C " or "Pr" zone, there shall be constructed a solid masonry �Yvall sox feet eight inches (6'3 ") in height on the zone boundary lone. (d) The aforesaid 'walls shall be six feet eight inches (68 ") in height except that ,portion oaf a dual depth of t'he front yard on the abutting "R" classified property vihich shall be three (3) feet in height unless a greater height is approved in \Mriting by the Planning Deparirnem. (e) Provided, hm,,isver, the Community Development Director may wai�je or modify any ?,v2 l requirements as specified in 'this CecJon ixharetherp. is a Ordinance No, °7429 — CxhNt I Page � 57 solid masonry �xall existing immediately adjacon't on the contiguous property, upon finding and requiring that: i) An existing Nivall meets or can be modifisd to conform to tho intent of this Section; and ii) Suitable landscaping can be installed adjacent to the existing �jvall to supplement and enhance the environmental bulffering; and iii) Protection can be afforded the existing �,Ajall to prevent vehicle damage, if necessary; and iv) Concurrence of the adjacent property odwnor can be obtained, when necessary, to modify an existing Nvall to meet the requirements of this Section. (3) Provided h HoNAjevar, upon application and proceedings pursuant so Section 9291, _,onditions. Use Permit, the Planning Commission may NiAmive or modify the requirements set forth herein. (4 ) The fences, hedges and � /Ajalls provided herein shall be measured and constructed pursuant to development standards of the Building Department. 37. Section 9271 n is hereby amended as foHmjAjs: n Accessory Structures 1. Accessory structures attached to a main building shall be made structurally a part thereof, have a common roof N,�.9ith said main building and shall comply in all respects �jith the requirements of this Chapter applicable to the main building. 3-.2. (Detached accessory structures, such as garages, carports, laundry and recreation buildings, may be constructed on the front ono -half (1/a) of xhe lot, provided, hmiAiever, that in any R--3 or R-A District no garage, carpor7, or laundry building openings shall face an abutting street. 473. The architecturai style of all sides of accessory buildings shall be compatible with the architectural style of the main buildings. 54. Detached accessory structures may have a zero -foot side and rear yard] property line setback if abutting an adjoining structure on a separate lot with a zero -foot setback or if the abutting lot is unimproved. If an adjoining structure on a separate lot is constructed other than with a Zero foot property line setback, a minimum of three (3) feet shall be maintained between the structures. Ordinance No. 1429 e Exhibit 1 Page 0 58 7—.5._ All accessory structures shall be located a minimum of ttivikienty (20) fast from street rigouts- cf-�,njay; prodded, hmiAiever, that accessory structures abutting a State Hi&juay, �ajhere no access is permitted, may have a x-ere- oot setback. Detached accessory structures constructed �,Ajithin five (5) feet of and side or rear property Dune in an "R" District shall be enclosed by a solid wall on such side or sides; provided, hmjuever, that garages ®r carports facing an alley cr an access easern(smt, the right cf use co dvhich is dedicated �t® the subject property, need net be enclosed on such side or sues constructed NAjithin etude (5) feet of a side or rear prepert Y Done if the minimum backing space is tNiAjenty- ive (25) 'Feet from the carports or garages t® the tar side ®t the alley or access easerroent. 33. Section 9271s and 9271t are hereby repealed in their entirety. 39. Section 9271 a is hereby amended as ollovjs: u Building Lines Building lines are as stated in this Section unless ctherMse shmjivn on Zone Map. M® building shall be closer t® a property line cr t® tlhe center line of any street or highway than the building lone applicable thereto .2 X L2i] m 0 C) 2 ti� LG� to to CO M J s s 0 ® LL to to to a a i 3 3 S C5 00 Q m m LO to ski i i s .e 6O Li LO Lo LO Lo LO Ln LO to LLI Eb �o TO EO Ordinanca No. 1429 - El hobos I Page 0 50 Irvine Ovd. €rent setback a on (10) feet from right -of -way line. 39. SeaJon 92711,] is hereby repealed. 40. Section 9277 y(2' is hereby amended as follmius: (2) Location: (a) Residential zones: A dish antenna installed at ground level in the rear Yard and obscured from public right -of -way view is exempt from the requirement of a use permi Con( nal Use Permit. if a useabIe signal cannot be obtained from a rear yard location, the dish antenna may be located in the side yard of the property or on a building roof subject to issuance of a Conditional 61 se ermit. (b) Nonresidential zones: A dish antenna located at ground Isvol or on a building roof completely obscured from public right -of -way view is exempt from the requirement of a use— perrnitConditional Use Fermi . Those antennas ,iiNch cannot be obscured as determined by City staff are subject to issuance of a Conditional uUse pPermit. 41. Section 92 -11 bb is hereby amended as follows: bb Recycling Centers VendgRg Machines (as defined in Ser -Ai n 929m 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 recycled. 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 Ordinance �'\7o. 1429 - ENS Ul: 1 Page, 161 and temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates and to meet the requirements of certification as a recycling facility, multiple grouping of Reverse Vending Machines may be necessary.) (b) Bulk Reverse Vending 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. {}(c) Large Recvclinq Locaticans - Recvclinq Iccations occupying a permanent building or store front. Recycling locations defined in this section shall be subject to the following provisions: Reverss vanding machines re s bjeGt to- the foli,,,.,�n �r- swsiet�s (a) Established in conjunction with a supermarket or convenient- -°)ne (as defined in Section 9297) in compliance with the zoning, .building and fire codes of the City of Tustin (b) rotated v�ithin 30 fast of the ontrancs to the supermarket and shall not obstruct pedestrian or vehicular circulation (c) Does not occupy parking spaoas required by the primary us.- (d) Occupies no more than 50 square feat of floor space per installation, including any protacUve enclosure (e) Maximum height: 3 feet 1f) Constructed and maintained viith durable 9jAjatsrproof and rustproof material () Clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperable (h) Sign area shall be limited to a ma;,dmum of 4 square feat per machine, exclusive- of operating instructions (i) Maintained in a clean, fitter -free condition on a daily basis Operating hours shall be at least the operating hours of the suparmarkat (host use), but may be 24 hours (k) Illuminated to ensure comfortable and sal's operation if operating hours are bets, ,\jean dusk and dawn Ordinance Flo. 1429 e :-: hi:but 1 Page 162 (1) Outdoor storage of any Grind is prohibited (2) Bulk Reverse Vending Machines (Bulk): (a) Established in conjunction with supermarket ,r ocnvo- nienoe zones ;as defined in Section 9297 �j�ihich is in compliance with tho zoning, building and fire codes of true City of Tustin (b) No larger than 500 square feet and not occupying any parking spaces required by the primarlJ use (c) Maximum height: `) 0 feet (d) Shall not obstruct pedestrian or NjehiU lar circulation, and shall be located �jAiithin 100 feet of 1h.- host use (e) N"linimum setbacks: 10 feet from any property line (f) Accept only glass, metals, Mastic containers, papers and reusable items. Used motor oil may be accepted �jkji�Zh permission of the Orange County Fire Authority and Health Department (g) No povajer -ddvon processing equipment except for ra-vorse vending machines shall be used (h) Containers are constructed and maintained with durable �,Ajaterproof 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 squall be stored internally Maintained free of litter, posts, vermin and any other undesirable materials at all times (k) Not exceed exterior noise isvels of 59 dS (l) !Containers for donation of materials shall be at least 75 feet from any property zoned or occupied for residential use and shall not operate bebjusen the hours of 12:90 a.m. and 6:00 a.m. i) Containers --,hall be clearly rnarkeol `to iden',' yl ss type of material �a?lniffcln 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 tie recycling enclosure or containers (n) Bulk vanding Machines may have inforrrIational signs required by State ladAj pursuant to Section 9272; other signs including directional signs, bearing no advert sing message, may be installed 'vvith the approval of true Community Development Director pursuant to Design RetiAoyv Section Orchance No. 1429 e Exhibit I Gags- 163 9272 if traffic circulation, or if the facility is not visible from the public righI -of -may (o) Placement of the facility shall not require removal of existing landscaping (3) Large Recycling Locations: a) The facility shall not abut a property zoned or planned 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 Zoning District unless it occupies an existing store front or building (d) Site shall be maintained free of litter, pests vermin and any other undesirable materials at all times and shall be cleaned of loose debris on a daily basis (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. (g) The facility shall display a notice stating that no material shall be left outside the recycling 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 signs bearing no advertising message may be installed with the approval of the Community Development Director pursuant to design review, Section 9272, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right -of -way {a3() Power- driven processing including aluminum foil and can compacting baling, plastic shredding or other light processing activities shall be prohibited l(I) Twenty- four -hour operation is prohibited 42. Section 9271 cc is hereby repealed in its entirety. 63. Section, 9271 dd is hereby amended as uollo us: dpi Mcohoiic beverage sales estabiishments Ordinance No. 1 29 — EX hibit 1 Page � 64 Subject to the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments and the follm)`ving criteria: (1) Off -site - located in a building and permitted business tjAjith less than 15,000 square feet of gross floor area, and permitted businesses 1juith more than 15,000 square feet of gross floor area �jAjhere the ofv4Rs alcoholic beverage sales area �jvithin the building occupies more than 10 percent of the gross floor area, subject to the follmlauing minimum cl °stance regulations: (a) 300 feet from any residentially zoned or used property; and 500 feet from any other e;sis`tin off-site sales establishment; and 500 feet from any place of �liorship, public or private school, parts, playground, clinic, hospital, health care facility or convalescent home; and 500 feet from any eAsting on -site sales establishments, except restaurant establishments (b) Minimum distances belvisen oif -site sales establishments and residentially zoned or used property, s#UFshes, places of �jAjorship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entryJaxit provided for public /customer access of the off -site sales establishment to the property line of any of the above uses (vihether inside or outside the City boundaries) (c) l�/linimurn distances bel�,usan or-site sales establishment and another off- site or on -site sales establishment, except for restaurant establishments, (�,,�jhether inside or outside the !City boundaries) shall be computed by measuring the distance 'bets jean the closest exterior structural Malls 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 follovAng minimum distance regulations (except for restaurant ostabllshments): (a) 1,000 feet from any residentially zoned or used property; and 1,000 `Meet 'from any other existing on -site sales establishments, except for restaurant establishments or off-site sales establishments; and 1,000 feet from any place of aajorshlp, public or private school, pars, playground, clinic, hospital, health care facility or convalescent home (b) Minimum c;lsta ices between ou site sales establishments, except for restaurant establishments, and residentially zoned or used property, GhUFGhes, places of Yviorship, 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) A/linimum distances babi,\jeen on -site sales establishments and another of-site or on -site sales establishment, aNceptt for restaurant 0Tdlnance N90. 1 -29 - Exhobut I Fags- � 55 establishments, (Nj�jhelher inside or outside the !City boundaries) shall be computed by measuring the distance b- shjusen the closest exterior structural VVal9s of each use 4A. Section 0271 se is hereby amended as follmius: as Office 'Uses (1) Office developments �,Ajithin the Ro -tail !Commercial District (C -1), Central (Commercial District (!C -2), and (Commercial !general District (CG) shall be constructed to conform to the follo? 'kjing criteria: (a) Parking standards for retail commercial uses on the first floor area of the building shall be subject to Pert 6 Off- Street Parking requirements of the Zoning Code unless otherwiss specifically exempted pursuant to an approved (Conditional Use Permit. (b) Grindings, 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 ?,)vhere greater than fifty (50) percent of the total floor area or any portion of she ground floor area is designated for use oscupaw by professional or general offices: Development or construction of professional or general office buildings �,�iould be more compatible 1jvith 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 �Nhich the retail commercial floor area exceeds fifty (50) percent of the total floor area is exempt from office development use criteria. (2) Profess9onal and general offices fronting onto l-Vain Street or .9 Camino Real located vji hin the Old Tov✓n Commercial General Plan lane use designation are also subject to the approval of a Conditional Use Permit (pursuant to Section 9299b(3)(k)) and the follo�j\jing criteria for office development. (a) Rrofessional 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, t9 gat au a office use xj?✓ould be more compatible viith the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use 1ijould be more bens icia9 in implementing applicable land use policies such as the Tustin General 'Flan, Tustin !City Code, and any iT us'tin CommunKy Redevelopment Agency Project Area Redevelopmant flan 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 follo ,Aging criterion: Ordnance No. 1,29 e Exhibit I Page � 6(5 The ,proposed use is lo be located in an existing building originally designed, built, and occupied as offices or converted to office use pursuant to an approved building permit. The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. iii. The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. iv. The proposed use is to be located in a multi- tenant retail center and is ancillary but complementary to the remaining mixed uses vjith respect to type of use, hours of operation, convenience, and parking demand. V. The proposed use is determined 'to be beneficial, complementary, and compatible �jAjith surrounding neighborhood and nearby retail establishments. A& Section 9271fu is hereby added as follmAjs: i Operation of Uses All uses (including storage) shall be conducted within a completely enclosed building except those that are specifically permitted or effectively screened from view , except for off street parking, loading, approved temporary uses, or any outdoor dining space specifically permitted in conjunction with eating establishment and approved desian review and /or Conditional Use Permit. variance or as otherwise exempted within this Chanter. 47. Section 9271gg is hereby added as follows: gg Home Occupation All home occupations operating within the City of Tustin are subject to the following provisions: No persons emploved 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 eauioment used except such as is customary for housekeeping purposes v. No outside operations or storage Ordnance No. 1 ,422 e ExNbk I Page � 67 vi. No alteration of the residential appearance of the premises 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 any other premises i -viii. 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 46. Section 9271 hh is hereby added as Rollo is: hh Light 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. (b) 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. 49. Section 9271 ii is hereby added as follows: ii Equipment Screening Roof top equipment screening (subject 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 visually integrated with the architecture of the building. 50. Section 9272a(l ) is hereby amended as follows: a Review Reguured (1) The City Council finds that poor guaiity in the oxtsruor design, development and maintenance of strLuctures, landscaping and general appearance affects the desurabuiuty of the neughbor'hood and the community as a �j�ihole, and imps the Ordnance No. IA29 e E,—NNt 1 Flage 0 58 J benefits of both potential and existing GGupanGyuses of ether prope tie to Lhe detriment of the public health, safe-t, comfort and general welfare. 51. Section 2272c is hereby amended as follmius: c Conditions of Approval The Community Developmon't Director shall approve the submittod plans if he finds that the location, size, architectural features and general appearance of the proposed development �,MH not impair the orderly and harmonious development of the area, the prosent or future development therein, the occupancy thereof, or the community as a �j1iholo. In making such findings, the �ommunity Development hector shall consider the follmiAjing items: (1) Height, bulk and area of buildings (2) Setbacks and site planning (3) Exterior materials and colors (6) Type and pitch of roofs (5) Size and spacing of �jfvindmjus, doors and other openings (6) Towers, chimneys, goof structures, flagpoles, radio and telsvision antennas (7) Landscaping, parking area design and traffic circulation (3) Location, height and standards of exterior illumination (94$) Location and appearance of egulpment located outside of an enclosed struot LIT o (1044) Location and method of refuse storage (114) (Physical relationship of propose] structures `to existing structures in the neighborhood (124 -') Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. (1344) Proposed signing (144 -5) Ds-valopment gulde9lnes and cdi eria as adopted by the City Council- 52, Section 9272d is hereby amended as follovis: d Procedures and Time Limits Ordinance �9o. 1422 — ExhiN'i I Page � 69 !(I) The Community Dews opmsnt Department shall rep /is�ju all applications for 'n,*Conditionai Use u , variance and other proceedings subject «o public hearing before the Planning Commission, and shall render 'to the planning Commission a report of its rep ie�jy, observations and recommendation prior to the data of such public hearing. (2) !Pertinent information shall be furnished to the Community Development IDepartman't to enable MViSV \1 and evaluation of proposed developments. (3 ) The decision of the !Community Dews opment !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 heryin provided. (4) Development shall commence �afithin a peFied ,f one (1) �- -.ar of >ighteen ,Y,^„ othonviiise, a new evaluation and review shall be required (prior to any development, unless otherwise authorized by the Community Development Director. 53. Section '9272g is hereby repealed in its entirety. 54. Section 9273(a) is hereby amended as follo�?�s: (a) [except as other<i/kiise 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, hmiAiever, 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 strL1olura9 alterations are made therein, a legal nonconforming use may be changed to another use of the same or snore restrictive classification upon the securing of a )nditional 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 �,A9holly discontinued for any reason, except pursuant to a valid order of a court of lavf' for a period of one (1 ) year, it shall be conclusively presumed 'that such use has been abandoned vJthin the meaning of this Chapter, and all future uses shall comply �.xith the regulations of the particular district in 1Ajhich the land or structure is located. 55. Section 9273(b)(5) is hereby amended as follo?,xs: (5) The owner or any other individual may, within twenty (20) calendar days of the mailing of the preliminary determination, request a hearing ore sne 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 ��kjithin thirty (30 ) calendar days and occur 1jkii'thin ninety (90) calendar days of the receipt of the request for hearing, and notice of the 'hearing shall be mailed !Ordinancs, No. 1 -429 e i xhb'l I Page 70 at least ten (10) calendar days prior to the hearing to the otijAjner and to any other individuals) requesting the hearing. The o�vajner and each individual regUe- Sting the hearing shall have the opportunity to present evidence and �,Ajitnesses regarding the nonconforming status. The hearing may he continued from time to time by the Community De�!eLopment Director. Within thirty (39) calendar clays of the conclusion of the hearing, the ,ommunity D ;Iopment Director shall send to the owner and any individual requesting the hearing a written final determination of conforming or nonconforming Sta °tUS that shall include a Finding that the available evidence indicates the use and/or the structure is or is not legal nonconforming. If no hearing is timely requested, the preliminary determination shall be deemed final. 56. Section 9273(d) is hereby amended as fol mjus: (d) A legal nonconforming structure, destroyed to the extent of more than fifty (53) percent of its replacement value at the time of its destruction by fire, explosion or other casualty or act of God, may be restored or used only in compliance with the regulations existing in -the district wherein it is located vith eXGePt6GR4GexcePt Multiple family dwellings (see Section 9273(h)). 57. Section 9273(h) is hereby added as follows: (h) Multiple family dwellings: Reconstruction /replacement Multiple family dwellings damaged or destroyed due to catastrophic events may be reconstructed or replaced by new identical construction pursuant to the same development standards applied to the damaged or destroyed dwelling units. However, repair or replacement construction shall comply with all current building and fire code regulations. (CAL. GOV. CODE § 65852.25) 53. Section 927 ,4a(1) is hereby amended as follo %jAjs: (1) Part 9, Administration of this Chapter concerning application for and action on a use Conditional Use Permit. 59. Section 9274e(4)(b) is hereby amended as follows: (b) In no event may rents be increased following approval of a tentative map or permitConditional Use Permit without prior City Council approval by resolution or minute order. 60. Section 9275 is hereby amendod as follows: @W5 REG -JULA 7100 Mr OF ARFEAS FOR C�c LLEC J M c AND LOADING RECYCLABLE MA a ERIALS Shall conform to standards and site development standards set forth in Section 4316 of the Tustin City Code et ah Ordinance No. 1429 — Exhibit 1 Page 171 ._ - - - - _ - - = rcid ur- _ W-1 -1 A. M. -to "I'l. al. -we ........... -10-- rcid ur- _ Ordinance No. 1429 — Exhibit 1 Page 172 . ........ -lei *V.6-*�*!— *1 fonninn and lanrlSn nlnn (4) ReGyGling areas shall be GeGUred to prevent the theft of reGyGlable mateFia's by unauthorized persons, while allowing authorized peF6ens aGGess for disposal of materiY+lr muticrrurs Ordinance iNo. 1429 -. Exhibi'L I Page 173 (7) The design and GenStFUGfien Of FeGyGiing areas shall meet all appllr-,-able -zn-ning , aGGGFdang to any apP-IiGable federal,, state, or IBra tG fire, aGGess, buildiRg, #FaRspertation , , . WheRever feasible, 61. Section 9276b definition of "Building-mounted" is hereby amended as follows: "Building - mounted" means affixedmounted to twe Gf a buiUng or fc anothe� =��_, �.Gt a such as a water tack, billboard, GhUFGh steeple, froa&�anding sign, etc. 62. Section 9276f(2)(a) is hereby amended as follovA✓s: (2) Site selection order of preference (a) Wireiess communication facilities shall be located in the foflovling order of preference: 1. On existing s "LrUctures such as b0idings, COMM Unication towers, s# ski- steeples, freestanding signs, and /or co -l=ied on exis'dng facilities. 2. In locations whoors the existing topography, vegetation, buiidings, or other structures provide the greatest amount of screening. 3. On vacan' grovind `vgi`l out significant visual mi "tiga"tion only in cornmercial and indUs 'trial 7-oning districts. 63. Section 927,6j is hereby amended as fofimjAjs: Monitoring Program Each �,,Ajireless communicadon facility approved subsequent to the adoption of Ordinance No. 1192 sh2H be revie�,ljed by the Community Development Director at the and of five (5) years and /or at annual intervals thereafter from the date of design Ordinance No. 14,29 e ExNYI 1 Page, � 74 revimjAj and/or cond'itionai use permit approval. T he Community Development Director may defer this revisini 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 e.�istjng conditions or impose ns�x conditions as part of this revie�s1 to protect the public health, safety, community aesthetics and general �Welfare, �iAjhjch condition shall be subject to the approval of the City Council. 64. Section 2276k is hereby amended as follMAIS: k Conditional Use Permit Expiration Each major Aiijimless communication facility approved subsequent to the adoption of Ordinance j'v o. 1192 shall be approved for a period not to exceed the term of the lease �j?iith the property Mfklner, 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 Developn Director prior to the issuance of a building ,permit for the major wireless communication facility. if the lease is exianded or terminated, she operator of the wireless communication facility shall provide notice and evidence thereof in ?jriting 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 Genditional use p Conditional Use Permit for the facility shall become null and Nmid and the facility remolred 65. Section 9290 is hereby amended as follmjus: 22 O ZONMI G FIERM117S Zoning Permits shall be issued in conjunction with and as a part of building permits, and shall be issued by the Building Department of the Gity only after the Community Development Director has -given written approval Building OffiGial has d°*mea that any proposed use or the erection, construction, reconstruction, alteration or conversion is in conformanceity with the regulations for the district in which it is to be located. n10 building permit shall be issued until the zoning permit portion thereof has been c=pleted by the Community Development Director the City or his a thnrized rcn M reseRt tiye 66. Section 9291 is hereby amended as follows: 0201 CONDITIONAL. MF P-EF F�97 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 Planning Commission. The ,honing 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. 142 — Exhibit I Page � 75 being or Nj\iill be complied with. Applications for use permitConditional Use Perm s may be considered after holding public hearings thereon, as required by la�ju. Notice of such hearings shall be given to the persons designated and in the manner prescribed in Section 94-- 969296b. b f�ppkation Application for pen�n tConditi, A Use Permits shall be made in writing by the m jAiners of the property, lessee, purchaser in escrow, or optionee, with the consent of the owners, or plaintiff in an action for eminent domain for acquisition of said property, on a form prescribed by the Planning Commission. The application shall be accompanied by a fee as set forth by City Council Resolution of ene and plans showing the details of the proposed use to be made of the land or building. c Decision of the inin Administrator or the Planning Commission Upon receipt of the application for )nditional uUse ermR, the or Planning Commission shall determine whether or not t'i'ne establishment, maintenance or operation of the use applied for viill, under the circumstances of the particUlar case, be detrimental to the health, safety, morals, comfort and general �j,� elFare of the persons residing or �jAjorkjng in the neighborhood of such proposed use, or @,xhsthsr it �jAiill be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. if the Commission finds that the aforementioned conditions will not result from the particular use applied for, i't shall grant the use p Conditional Use; fermi`. The granting of a use permit e Permit applied for by the plaintiff in an action in eminent domain to acquire the property shall be conditioned upon ultimate besting of title of the property to the plaintiff. 67. Section 9292b is hereby amended as follows: b Variances Not Allo�,Ved The use of lands or buildings not in conformity AINith the regulations or pro'libited specified FoF the district in which such lands or buildings are located may not be allovied by the granting of a variance from the strict application of the terms of this Chapter. 66. Section 9293 is hereby amended as folimikis: a ectil�e Date of a Permit F"10 _ Conditional Use Permit or permit granting a Variance, shahl have any force or effect until the applicant thereof actually receives such permit designating the conditions of its issue thereon and signed by the Secretary of the Planning Commission, Zoninq Administrator or the City Council. No permit shall be issued by the City until the time for filing an appeal from decisions of the Planning Commission Ordinance No. 1,29 e Exhibit 1 Page � 76 Zoning Administrator as provided in Section 92949194 hereof has em pirsd, or, in the event of such appeal, after the final determination thereof by ,the City Council. b Length of Permits Any use .itConditional Use Perrn � or variance granted in accordance vivith the terms of this chapter shall be null and void if not used within one (1) year from the date of the approval thereof or within any longer period of time if so designated by the Zoning Administrator, Planning Commission or the City Council. c Revocation of Permits Any " -Zonal Use Permit or variance granted in accordance with the terms of this chapter may be revoked by the City Council in the manner hereinafter set forth if any of the conditions orterms of such permits are violated or if the fol mAjing findings are made: (1) In connection with use p Conditir, ' I— Permits: a he continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the ,persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. (2) In connection with variances: Continued relief from the strict application of the terms of this chapter would be contrary to the public interest, safety, health and vAjelfare. d Tearing for Revocation of Permits [before the Council considers revocation of any permit, the planning Commission shall hold a hearing thereon after giving �,�iritten notice thereof to the permittee at least ten (a 0) days in advance of such hearing. VA]flthin five (5 ) days thereafter, the Commission shall transmit a report of its findings and its recommendations on °the revocation to the City Council. e Subsequent Applications For a period of one (1) year oHmikjing the approval, denial or revocation of a discretionarrj land use permit, no application for the same or substantially similar discretionary permit for the same site shall be filed. •f Nrlodification of Conditions of Aippr��aal No request for modifications of any condition of appro' ,jal relating to any fee, exaction or dedication of real property imposed on any land use permit or approval shall be accepted after the final decision on the land use permit or approval unless accompanied by a significant change in the size or intensity of the proposed project. 69. Section 9296 is hereby amended as follo?,vs: S,�, 25 N,,7l CC,IE S 0 F HZL -AHEM 0 Grdin,ancs Rio. 1429 - Exhibit 1 Page �7 a Definition Public Hearing Whenever this Chapter prescribes that a public hearing shall be held on the discretionary, application fer-such as, but not limited to, variance or amendments to this Chapter, notice thereof shall be given as provided in this Section. b i\9otice of Hearing Notices of the pubflc hearings on applications for Conditional Use Permit,til&e variance, appeals and amendments to this Chapter changing the boundaries of any district shall be given by the body conducting such hearings in the manner prescribed by Sections 65090 or 6509165600 and 65054 of the Government Code of the State of California. Notice of Hearing: Special ;hearings Notices of public hearings on matters other than as specified in Subsection "b " hereof shall be given by the body conducting such hearing by publication in a nowspaper of general circulation in the City of Tustin, at least ten (10) days before the hoaring. Notice- of Hearing: Failure to Post Notices G'ailuro to mail or post notices as specified in Subsection "b " hereof shall not inljalidate any proceedings. Notice of Hearing: Filing of Affidavit Upon completion of the posting or mailing of the notices proAded for in Subsection "b" and publication of notices as provided in Subsections "b" and "cV' hereof, the City Clerk, if the hearing is hold by the Planning Commission, or if the hearing is held by the City Council shall cause an of uidavit of such mailing or ;publication to be filed in the permanent records of the particular proceedings to N,kjhich such notices pertain. 70. Section 929` the follo�jMng definitions are hereby amended or added as follows: °Convenience Zone" means the area within a '/ mile radius of a "Supermarket ", defined as meeting the following definitions based on CAL. PRC. CODE § 14526.5: — Identified in the Progressive Grocer Marketinq Guidebook. — Gross annual sales of $2 million or more. — A `full -line" store that sells a line of dry groceries, canned goods, or non -food items and perishable items. Ordnance �No. 1429 — Exhibit 1 P -age 0 708 "Delicatessen" means a small market or deli selling readv -to -eat foods including but not limited to cold cooked meats sandwiches and salads "Dwelling" means a building or porloo thersof desognod for TosodsmJa0 useeGGUcy. "Frontage or Fronting" means the portion of a parcel which abuts a street right-of-way. GenstFUGtiGn and without kitGhens OF GOoking faGilitieS and where Re "Guest Quarters" means an attached or detached building or room that provides living quarters for quests and (a) contains no kitchen or cooking facilities; (b) is clearly 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. "'Joe Gccupasion" weans an occupation carrued on ,,ajholly within a dwelling by an occupant of the dwelling, as a secondary use, ;e�estien 4th whlGh theFe is: No peFsen employed who is not a resideRt of the residential appearaRGe of the ., or welfare of the geneFal publiG, OF which emits -- smoke, dust, fumes, odors, vibrations, glare�,r elesfir+sal pedestrian traffisr OF ve# 6utar- traffic or park*Rg— in— eXGess of that etherwi nopmally found 'n the zone, RG parkiRg or use made of aRy vehiGle ever three- �l OT [I 1 a�O p I GTY Y c , no parkiRg in the front yaFd, .. , "Lot Coverage" or "Building Site Coverage" the percentage of the building site area that is covered by the area within the perimeter of all structures located on the building site area. Covered area shall include all areas under roof, but not include roof overhangs open trellis and covered porches Swimming pools and spas are not considered in calculating structural site coverage. 'Let, Through" means a lot having frontage on two (2) paFallel or approx.Mately parallel streets. . "Lot Types" means types of lots that include the following (See Figure 5- 3), Lot Types: 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. Ordinance No. 1429 e Exhibit I Page 0 79 2. Double - frontage lot. A "through" lot with frontage on two generally 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. 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 T -- ��� corridor Double Frontage Lot Cornr;r Lei f Reverse Corner Lot Inferior Lot Corner Lot "Micro - winery" means an establishment that includes beveraae 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 tastina facility. Wineries shall provide ancillary food service in combination with its primary use ' - e - •• a �::.n..:�:__e._. - .:. � -._ �- .:..e.:_e,�._e.,...e..:: �- �.�e - -'.a "Places of Worship" means a structure or portion of a structure that is used for the gathering of people for the purpose of performing acts of religious study, honor or devotion. Ptases Of ` GFsh*p with gatheronqs r.f. Fn .,r n j re OrdBnance jNo. 1 -29 - ExNNt 1 Page �IO "Recycling Genter€aeilit!�" is a center for the collection of recyclable materials. Section 9271bb for recycling center regulations and classifications). p.°Sess ng ast+Vity- Iasafed -en the premises of a- residential, - sC)m,ere +al, aT manufaGtUFiRq use and used solely feF the reGGYGIiRg that fellewiw. A " er-tified ReGyGling FaGilit " means g a- FeGYGIORry.,, faGility Gertified by the Califemia Department of GORservation as meeting the Fequiremen+ of +h A"Gollesffen FaG+lity" is a center for - the - aGGept^anGe, by donation, XT does net use power-driven pro pment eXGept as MiGated in SeGtiOR 1. Reveme Vending MaGhines whiGh GGGUpy an aFea of not rAnre than fifty (50) square foot -- 2. P' `l c- reverse yeRding maG 11 °c$ eGG'upyiri� ^n more than fide hundred (500) square feet. .tore front acvrc- rrvrrr. "Service Station" means an ssGWpaRGY use which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automotive accessories; automobile viashing by hand; �jaja�ing and polishing of automobiles; tire changing and repairing (sxcluding recapping); battery ser fta, charging and replacement, not incUa ng repair and rebuilding; radiator cleaning and fleshing, eNcluding steam cleaning and repair; installation of accessories; also includ °ng the follo ling operations if condual:ed AjAjitNn a building; lubrication of motor v-shicles; brake servicing limited to servicing and replacemenl of brake cylinders and braise shoes; 1,jhsal balancing; the testing, adjUstment, and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark pWgs, voltage regulators, viater and fuel pumps, �jjater hoses and �jiviring. "Second Residential Unit°" means a buMing or portion thereof designed for residential useeGGUpaRGY on a lot developed 1xith a legal conforming single - family dwelling. "Vending M-Ghines ": Ord °nanc-- T-9o. 1 ,429 — ExHM 1 Page 181 -- -_ 71. Section 9298 is hereby amended as fol mAis: 2?20 M j � GPs E u 7'Q- M AN-LE) Z \]F ORMEMEN7 a Continuity of LaxiAj Except as specifically provided herein, this chapter shall not be interpreted to repeal, abrogate, annul or in any �xay affect any existing provision of any lalj '\j or ordinance or regulations or permits previously adopted or issued relating to ,the erection, construction, moving, alteration or onlargement of any buking or i mprovement; provided hmiliever, in any instances vihere this chapter imposes greater restrictions upon the erection, construction, establishment, moving, altera=tion or improvement of buildings or the use of any building or structure that is imposed or required by an existing la y, ordinance or regulation, the provisions Of this chapter shall control. b CrRoria for Determr nation Whenever the Director of Community Development, --G G fanning Commission or City Council of the City of Tustin is called upon to determine, in cases of ambiquity, whether or not the use of anv land or structure in anv 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 jo determine whether OF nn+ the use of land eF any StFUGtLIre in a%F D*rer--ter or Commission shall Gensider the following faGtors as Griteria for their deteFmiRatiem (1) Effect upon the public health, safety and general �eelfare of the neighborhood invohjed and the City at lame. (2) Effect upon traffic conditions. Ordinance No. 1429 -E--;,NM �f I pag-- 182 __Effect upon the orderly development of the area in question and the City at large, in regard to the general planning of the �jAihole community. k�3)MAI1 other pertinent facts. C Interpretation 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 bufldings or structures. Any permit or license of any type issued by any department or officer of the City of Tustin issued in conflict �,,Mlh the provisions of this chapter is hereby declared to be null and void. 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 nocossary action or proceedings for the abatement, removal and enjoining thereof in the manner prescribed by i&jaj in the courts NjAjhich may have jurisdiction to grant such relief as 1jkjill accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penai °'lies provided in this chapter or any other law or ordinance. Appeals Any person may appeal any decision of the Drector of Community Development in accordance tiiith Section 9294 of'this Code. Consistency VA]Rh All La%jajs u� of itu 1�sarudir u, any provision of this Code to the contrary, any use, entitlement, authori?ation, license, or Permit allo�j,9ed or issued under this Code, incUu ng 1jk thout limitation any accessory or ancillarj use, shall be consistent with applicable state and federal lai. Any use or activity that is illegal under local, state, or federal lavi shall be deemed a prohiMed use in all dis 'lricts � /'kA in the City. 72. Section 9299b is hereby amended as follows: b Duties Ord n-c�ncns No. 1429 - ,E:xhiUt 1 Page � 83 The Community Development Director, or his/her designee, acting as the Zoning Administrator, shall have dual responsibility �jMl:h that of the planning Commission to hear and decide in accordance �jAjith Council policy and provisions of this chapter, and has the authority °to approve, conditionally approve or deny the following requests �jAjhsn such requests constitute a reasonable use of property not permissible under a strict literal interpretation of the regulations. The Zoning Administrator reserves the right to forward any matter listed belo�sj to the Planning Commission for consideration and action. Requests for minor adjustments Zoning Admn nistrabor 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 LISS permits or other specified do�eiopment applications not specifically listed in this subsection shall be subject to the approval of a conditional use permit or other discretionary revimyv by the Planning Commission or other re',AmjAjing body ES applicable. (1) Minor adjustments: (a) A decrease of not more than five (5) percent of the rewired building site area. (b) A decrease of not more than ten (10) percent of a rewired building or landscaping setback. (c) An increase of not more than t / /venty (20) percent in the rna,,dmurn permitted height of a fence solid hedge or v�all, subject to city approved structured design. (d) An increase of not more than ten (10) ;percent of the permitted projection of stops, staimiays, landings, Saves, cornices, canopies, overhangs, masonry chimneys, raised porches and fireplaces into any required building sotbacGk. (a) An increase of not more than ten (10` percent in the maximum permitted building height. (f) A decrease in the number of required oft - street parking spaces for nonresidential land uses up to a maximum of ton (10) percent. (g) Q decrease of not more than ten percent (10 %) in the permitted distances bebiajeen detached accessory structures and main structures. ('h) An increase of not more than ten (10 ) percent in the maAmurn permitted drivan,aiay area 1,xithin the front yard setbaclk for residential districts or the front yard for commercial and industrial districts. _C0 A decrease in the number of rewired off - street parking spaces for residential land uses by a maximum of one (1 ) parking space. V''Vhon a Ord °rance 'No. 1 ,429 c exhibit I Page 0 second residential unit is being added under the proVisions of Section 0222 or 0220, parking shall be in accordance with the requirements of those sections. (i)(i) A increase of not more than ten (10) percent of the - maximum sign area allowed, per zoning regulations. (2) Variances when required by the City Code: (a) A decrease of not more than ten (1 0) percent of an individual required building site area. (b) An increase of not more than tbi�jenty (20) percent of the perrroitted projection of steps, stainjuays, landings, eaves, cornices, canopies, overhangs, masonry chimneys, raised porches and fireplaces into any required building setback. between detanhed aGGeccnri cIr rn4 eras and rna- n+rU t {-d)OA decrease in the number of required off - street parking spaces for nonresidential land uses up to a rnaxir LIM of twenty (20) percent. Ld)__ A decrease of not more than twenty (20) percent in the required setbacks for 'buildings, landscaping, sN rimming pools, spas and equipment. (e) An increase of not more than twenty (20) percent of the maximum sign area allowed, per zoning regulations. (3) GORditional ussee peFmitConditional Use Permits when required by the City Code: (a) [Dish antennas. (b) BuR Reverse vending machines. (c) Business operations (including storage) conducted within view from public right of way. (s)f!gLarge recycling locations . (d).(elOn- premises dry, cleaning. (e} JMinor CUPS for e;dsting development 1jAihere there would be no change of essupaRGY e -primary use, there �jajould be no expansion of floor area, and the request would not alter °the original intent of the project or site. (#) &_On -site alcoholic beverage sales license °for restaurants. Secondhand sales when pa�,�ning is not included. Ordinance No. 1429 — EMhibit 1 Page � 85 Development or construction of no�jiiv buildings in the Commercial General (CG) or lndustrial (M) Districts vvhere more than fifty (50) percent of the total area, or any portion of the ground floor, is designated for use oscupanoA,, by professional or general offices. (h)M_Accessory buildings used as guest quart ers - rooms. (i) Da R e -studio @L} LTernpomry Uses for a period of ,pore thanup4o one (1 ) yearciv NT Professional and general of- ices fronting onto N''lain Street and L l Camino Real and located �jnvithin the Old Tmilvn Commercial General land use designation. (4) Specified development applications: (a) Soil remediatdon activdties, subject to the same findings as rewired for a conditional use permit, (b) Time extensions of not more than tlxelve (12) months from the original expiration date for minor adjustments, conditional use permits, variances, design revievis, subdivisions and other development applications, subject to the same noticing requirements that were given at the tome the project )vas originally approved. (c) Except vvihere design review is required by the planning commission pursuant to an adopted specific plan, (a) design revimx applications tiAvithin redevelopment project areas; (b) minor design revimivs vvithin redevelopment project areas which include modifications to existing structures and/or existing facade or site modifications which consMute 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 sub&Jsion, (d) residential room additions and (e) ne?v or modified accessory structuures associated vvith existing development. (d) Amendment to conditions of approval established by plaRning- Planning Commission OF 6 ty Ci�seunei!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. Ex2mples would include changes to exterior materials, colors, slevations, landscaping, walls /fences and hours of operation. 911. Article g Chapter,4 of the Tustin Cdty Code is hereby amended as follo?xs: 1. Section 9402 the follmilying 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 904al (p) is hereby amended as folloNjws: Ordnance i\9c, 1429 — Exhibit 1 0 lip? '-Zoof4Gp 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. ATTACHMENT 2 Agenda Report for March 12, 2013 Attachments have been withheld to reduce redundancy of the different Resolution and Code Amendment versions AGENDA REPORT MEETING DATE: MARCH 12,2013 ITEM # 2 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT 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. ajqr��� That the Planning Commission adopt Resolution No. 4210 recommending that the Tustin City Council adopt a Negative Declaration and approve Code Amendment 13- 001 (CA 13-001) by adopting Ordinance No. 1429 to amend Article 4 and Article 9 of the Tustin City Code. 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. CA 13-001 Public Hearing March 12, 2013 �Iage 2 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 Repcm CA 13-001 Public Hearing March 12, 2013 Page 3 1 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 The proposed code amendment is considered a "project" subject to the California Environmental Quality Act ("CEQA") 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. 7 Amy Sto M7C icK, AICF` Elizabeth A. Binsack Senior Planner Director of Community Development Attachments: 1. PC Resolution No. 4210 Exhibit A Initial Study and Draft Negative Declaration Exhibit B Draft Code Amendment ATTACHMENT 3 Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 March 12, 2013 City of Tustin Attn: Honorable Planning Commission Chair and Planning Coinmissioners Honorable Mayor and Councilmeinbers Community Development Staff 300 Centennial Way Tustin, CA 92780 SUBJECT: DRAFT CODE AMENDMENT 13 -001, DRAFT ZONING CODE UPDATE (DRAFT ORDINANCE NO. 1429) Dear City Officials, Thank you for your service to your constituents and to your time and consideration of the subject matter. I am providing the below comments for your careful consideration with regard to the City's draft code amendment. Although all the comments are important, please specifically make careful review of Comment 21. Staff Report Comments: I . Staff report, Page 2 — Incorporation of Use Determinations into the code may not be meeting the CEQA level of analysis conducted in the project Negative Declaration. An 4:1 11� explanation follows in the comments herein. 2 Staff report, Page 3 — The General Plan consistency statements may not be met depending on the intent of some code additions proposed. An explanation follows in the comments herein. Resolution Comments: 3. Resolution 4210, Recital 1. A. —The staff report state, the purpose of the code update is much more than stated in the recital. The full purpose should be stated in Recital A. Chud[iilicb 195 S. Myrtle Ave Tustin, CA 92780 4` Resolution 42 101 Recital 1. G. — The code amendment was made available to the Planning Commission and the public. U was also heard and discussed hv the Planning Commission. io violation oF the Brown Act (854454.3(a)], the matter was not fully allowed to be discussed by the public. This topic was oothe agenda under regular business for the February 26,y|unnin�(�on�n/�asioDuzc��o�. The fact that the agenda stated "Public Hearings: None" does not mean the public was not allowed to speak Linder the Brown Act. [ pot in u speaker card and was not allowed to finish my comments, and was asked to put my comments in writing just at the time I brought up my concerns regarding assembly uses and party facilities. This iscny written demand ho have the Planning Commission correct the violation ofthe Brown Act. A copy of Brown Act excerpt pages are provided for staff and the Commission's review. l encourage the City Attorney toprovide guidance in staff onthis issue for rectifying action by the, Commission. 5. Resolution 4210, Recital 11. - The General Plan consistency statements may not be met depending outhe intent of some code additions proposed. Au explanation follows iothe comments herein. Negative Declaration Comments: 6. Cultural Resources, Threshold A analysis — If "assetribly uses" as proposed by the code update are allowed, uses such as the Wilcox Manor party facility could be allowed throughout the City if the Wilcox Manor applicant attorney contention is agreed upon by the Community Director or, the Director could incorrectly ascertain that such uses" may be pursued via u Conditional Use Permit. Fucd)ccn/oo:, elimination o[the Temporary Use Pcunit process for such party facility uses in residential zone could show staff intent to allow "assembly uses" by right ur6vanother non-codified policy. Proliferation o[ such uses could have uo impact 8ocultural resources. 7. Hydrology and Water Quality, 'Threshold VII ')-lf "assembly uses" as proposed by the code update are allowed, uses such uothe Wilcox Manor party facili1y could be u|\ovvcd throughout the City if the Wilcox Manor applicant attorney contention im bought into by the Community Development Director or, the Director could incorrectly ascertain that such "assembly umea" may be pursued via uCnoditi000/ Use Permit. /\ proliferation of uses such uo Wilcox Manor with outdoor dining events and uospcoifiodwaste removal could cause substantial additional sources o[pollution. 8. Land Use and Planning, Threshold {}{u\and b)-1f^^osoemb[y uses" asproposed by the code update are allowed, uses such as the Wilcox Manor party facility could be allowed tbrou��ouii�o<��iyif(�c�VUcox��uoorupplioontutiorucy�oo1unti�o�u�ou�ht into by the [onn000niry [)cve|opconut Director or, the Director could incorrectly ascertain that such "assembly umeo" may be pursued via aConditional Use 9enuiL AVroliferutinn of Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 uses, such as Wilcox Manor, with outdoor dining events and unspecified waste removal could cause division of establish communities by the introduction of commercial "assembly uses." Such uses would be in conflict with the General Plan goals and policies stated in the staff report and resolution because there would not be a balanced land use pattern, sound planning, compatible development with surrounding uses, or a healthy community. Elimination of the TUP process for residential zones would further contribute to non-accomplishment of the General Plan Goals and Policies. 9. Noise, Threshold X a), c) and, d) — Noise from "assembly uses" and, per proposed section 9270 b (3)(e), could cause live entertainment to be allowed on an almost unlimited basis. No evidence has been provided that noise exceedences would not be created, that ambient noise increased would not result or, that substantial temporary or periodic increases to ambient noise levels in the vicinity of "assembly uses" with musical entertainment would occur. Rather, a reasonable argument exists that such non-mitigated impacts would occur. 10. Public Services, Threshold XII a) — Allowance of "assembly uses" could cause the need for additional code enforcement, police, and fire responses to such events. Per proposed section 9270 b (3 We), almost unlimited live entertainment with assembly uses could also cause a strain on existing public services. 11. Transportation/Traffic, Threshold XV f) — Allowance of '.assembly uses" could cause strain on public parking for such widely defined events. 12. Mandatory Findings of Significance, Threshold XVII c) — A proliferation of "assembly uses" with unrestricted musical entertainment could have citywide cumulative impact implications. Draft Ordinance No. 1429 Comments: 13. Recital 1. A. — same as comment 3. 14. Recital 1. C. — the changes may not be minor pertaining to "assembly uses" or pertaining to proposed section 9270 b (3)(e). 15. Recital I. D. — same as comment 5. 16. Recital 1. E. — The Negative Declaration appears inadequate based on at least comments 6-12. 17. Page 1, Section 4316 b — Why are the code definitions provided in this section? Is there a definitions section of the code that would be more appropriate? 18. Various Pages, Sections 9221 a) and b), 9222 a) and b), 922 ) a) and b), 9225 a) and b), 9226 a) and b), 9228 a) and b), 9231 a) and c), 9232 a) and b), 9233 a) and b), 9235 b) and c), 9241 a) and b), 9242 a) and b), 9224 f) - The code states that the uses ".....will be allowed subject to the development standards..." A more appropriate statement would be to say that any expansion of the uses or new construction would be allowed subject to the development standards and that any legal nonconforming uses or structures shall be Chad0rtlieb 195 S. Myrtle Ave Tustin, CA427QO allowed to remain subject to the nonconformities section of the code. As the code exists and/or proposed, it implies that nonconforming uses ur structures may not be expanded because they ouo`| comply with existing development standards. The implications alone on hampering commercial and industrial growth io the City merit the recommended uUuogca. 19. Page }4, Section 9223b5.).— Section 9229 does not exist under u header ^^9229" 20. Puges�l and 32 - The code update intends to allow the following uses uopermitted by right in the C-1 zones and higher: Secondhand sales without pawn, instructional studios and, pet grooming. The code update intends to allow the following uses umCouditiouul|Y Pcooincd iotheC- l zones and higher: /\us000h|y iJmea, Car Wash, Drive-ihruFociiiiioa, Large Recycling Locations, Places of Worship and, Public schools & uses (what uses?), private schools. Staff needs to outline which ofthe uses are implement as o\mrificaiioo/nondernizution, which uses are added per state law, and which uses are being implemented 6n policy/past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy/practice and then determine if such uses were truly addressed in the code update Negative Declaration. Some uses could have impacts with u formal code adoption, specifically the broadly defined "assembly uses" Zl. With specific regard to the proposed "Assembly usea" oopagc 33 and newly defined "Places of Assembly" oupage 8A, please note that ot the January |5,20l3 City Council meeting the Wilcox Manor (CUP 2012-10) applicant attorney verbally provided an ezonzp/c that Wilcox Manor gathering would be similar to his rotary club ouoetiu, which results in |eaa than 49 people so it is not an ^'uoaenobly" subject to permitting. Furthermore, on page 9nf the October g, 2012 Planning Commission staff report for CUP 2Ol2-lA, staff calls the Wilcox Manor party facility use ou "assembly uac." Page lOof the October 9 m staff report calls churches, schools, parks, and playgrounds ``otber assembly uScs." Page l0o[ the November h,20l2City Council staff report for CUP 2O|2-]O makes the same "assembly use" statements. The mentioning oF "assembly uses" for the Wilcox Manor by staff and the Wilcox Manor applicant attorney beg the qucaiioo of if the applicant attorney has been working with staff in the draft of this new use and if so, is there intent to cause afuture Conon000iry Development Director determination that assembly uses under u certain threshold (50persons) don't require any City land use regulation? This implication needs (obc sidelined and agcmjio:d000separate discussion. "Assembly uacS^" should not be 8 use considered for addition t0 the new code nor should the definition o[ "Places of/lnoco)bly". As miu1ed in this comment letter, such u use has not been reviewed in the yJtgu1ivc Declaration, would likely have significant impacts without mitigation, and would not meet General Plan Goals and Policies for the reasons giotcd within this letter. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 22. Pages 36 6 and 37 7 - The code update intends to allow "Dental/medical Lab" by right in the C-2 zones and higher. The code update intends to allow Karaoke music studio as a Conditionally Permitted Use in the C-2 zones and higher. Staff needs to outline which of the uses are implement as clarification/modernization, which uses are added per state law, and which uses are being implemented by policy/past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy/practice and then determine if such uses were truly addressed in the code update Negative Declaration, Some uses could have impacts with a formal code adoption, specifically the broadly defined "assembly uses" 21 Page 37 — Note that "Party facilities including birthday party business" is listed here and here alone in the C-2 district as a Conditionally Permitted Use. Any attempt to implement an "assembly uses" use needs to carefully differentiate between party facilities. Furthermore, staff should be required to provide a written analysis of why "assembly uses" are being added. 24. Page 37, section 9234 — This C3 zone does not exist on the City zoning map. It should be eliminated from the code. No changes to this section are merited; it needs to be deleted in entirety. 25. Pages 45 and 46 - The code update intends to allow the following uses as permitted by right in the PM zone and greater: Bulk merchandise sales and Delicatessens. The code update intends to allow offices greater than 50 percent GFA as Conditionally Permitted in the PM zone and greater. Staff needs to outline which of the uses are implement as clarification /modernization, which uses are added per state law, and which uses are being implemented by policy/past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy/practice and then determine if such uses were truly addressed. in the code update Negative Declaration. 26. Pages 47 and 48 - The code update intends to allow sexually oriented businesses as permitted by right in the M zone. The code update intends to allow Indoor Kennels and Animal Boarding Facilities and Places of worship and assembly uses as Conditionally Permitted in the M zone. Staff needs to outline which of the uses are implement as clarification/modernization, which uses are added per state law, and which uses are being implemented by policy/past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy/practice and then determine if such uses were truly addressed in the code update Negative Declaration. Also, why do places of worship also include assembly uses in the use title? The reason for both clauses should be explained in writing. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 27. Pace 51, Section 9270 a — The interpretation section of the code should not be deleted. If In it is deleted, there is no specificity as to who is left with the authority to determine code ambiguity and the appeal process is jeopardized. 28. Page 52, Section 9270b(3)(e) — The code section should remain as is without any addition. The reference to Article 3 of the TCC would allow live entertainment to occur on an almost unlimited basis for any non-profit event. The addition of the section would cause a need to assess the noise impact implications citywide. There would be significant noise impacts that the Negative Declaration did not assess. Adding the proposed language could circumvent the Wilcox Manor CUP process when combined with the assembly use" definitions and use. 29. Page 53, "Approval of Temporary Uses"- The proposed new language would relate only to businesses and would exclude residential uses. The language should envision the possibility of business and commercial or quasi-commercial land uses in residential zones. The modified language hints at elirninating future permitting options for party facilities Such as Wilcox Manor. 30. Page 54, "Utilities to be Placed Underground" — While I understand that this section is already adopted, it should be noted and disclosed to the public that the implication of enforcement will change the character of Old Town Tustin once multiple nexuses linked for new floor area will gradually cause traditional overhead infrastructure to be undergrounded. 31. Page 56, Section 9271 i(l)(c) — The code update allows the Public Works Department to determine site distance standards. The update should define the standards rather than leaving the judgment to the whim of whatever staff member decides on any given day. 32. Page 57, Section 9271n2. —The distance separation for detached accessory structures is being eliminated. This is more than a matter of policy and it has broad reaching implications citywide. The deletion of the requirement will have cumulatively considerable significant impacts on land use, fire hazard prevention, safety response, aesthetics, and sound land use planning. The impacts were not analyzed in the Negative Declaration. This section should not be deleted. 33. Page 67, Section 6271 IT — This section limits outdoor storage by requiring it to be within a building. Addition of this code hampers the City's competitive edge against other cities that allow some business, mostly industrial, to have screened Outdoor storage. The addition should be rethought. Furthermore, a definition for eating establishment should be placed in the code if it does not already exist. 34. Page 68, Section 9271hh(a)- Impacts from light pollution need to be quantified with a measurable unit and glare needs to be defined. 35. Page 68, Section 9271ii — Rooftop screening as a mandatory requirement as proposed is a nice thought in. theory but difficult to enforce when business cry foul due to costs and delays. Often times the screening is no better than the exposed units and often times the Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 units are not readily visible. The code should allow for an appeal, of the requirement and/or offer staff some discretion. 36. Page 70, Section 9272d(4) — Who is the entity that would be ``otherwise authorized"? A code reference to a process should be provided. 37. Page 75, Section 9291a — The limits of the Zoning Administrator should be referred to by code section. 38. Page 79, New Definitions — Some definitions appear to be more than state law or policy based. Staff should disclose which category from the staff report the definitions are being added for. 39. Page 80, "Places of Assembly" — See comment 21. 40. Page 82, "Micro-winery" — Why is the definition needed? The California Department of Alcoholic Beverage Control likely has all the types of alcohol dispensing use definitions. Those definitions should be referred to. Does the definition apply to tasting parties where the site owner owns a winery off-site? 41. Page 82, Section 9298 b — The "Criteria for Use Determination" should have a lead in statement that states "As authorized by Tustin City Code Sections...." [insert sections here] 42. Page 83, Section 9298c — The section should read "If any ambiguity arises concerning the appropriate provisions of the chapter, the Director of Community Development shall make and interpretation or, on appeal and/or by review authority under an entitlement under Planning Commission or City Council jurisdiction, the Planning Commission or City Council shall ascertain all pertinent facts and make an interpretation by resolution with findings and thereafter such interpretation shall govern." 43. Page 8' ), Section 9299b — A header of 9299 is needed. 44. Page 85, Under Business operations — "conducted within view" would benefit from providing more parameters. Thank you for your consideration of the above. 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(n au cu > +, 0 U E 0 0 ac' .2 4- 0 =3 Ln mi V) 0 LA (v 4-1 C: E Co CL a) CU 4� " 0 E 6 Z Qj Ln u 00 a to m CL Z �-J rj —IJ EXHIBIT Uses incorporated in CA 13-001 0 CL � N Drive-thru facilities Use Determination made by Secondhand sales Provided clarification of retail allow by CUP uncase-by-case without pawn sales vs. secondhand . `� � Ln Incorporate updates tn antique stores, thrift stores, � electronic stores selling used Places ofWorship Update term "church"and games, game devices) are u �C allowed as permitted uses Instructional Combine similar uses (dance subject to same standards ao studios studios and martial arts studios) Public schools and Pet grooming Incorporate policy practice to CL Private schools consider pet grooming asa district. Based on policy and service retail business practice, the use has been Assembly Uses Combine similar uses (dubs, districts social halls, fraternal organizations and lodges) Car Wash Incorporate policy practice 0 CL � N Drive-thru facilities Use Determination made by Yes (TC[3S21 et al. Business M Yes Several are existing throughout all commercial districts Yes Yes Yes Yes Iffil ZLIMS Rol Yes Yes Planning Commission inZO10to allow by CUP uncase-by-case basis Large Recycling Incorporate updates tn Locations terminology and based onState |avv Places ofWorship Update term "church"and incorporate updates based un RLUPA and case law that requires Places of worship anywhere and subject to same standards ao places f assembly Public schools and Use Determination was made in uses 19O6to allow schools inFirst Private schools Street Specific Plan commercial district. Based on policy and practice, the use has been incorporated to all commercial districts Yes (TC[3S21 et al. Business M Yes Several are existing throughout all commercial districts Yes Yes Yes Yes Iffil ZLIMS Rol Yes Yes EXHIBIT Uses incorporated inCA13-OO1 .............. .... .... . ..... . ... . . .. . ..... Bulk merchandise Furniture warehouse sales have Yes No sales been permitted in PC-IND Permitted in PC-IND districts based on previous Use Dist Determination (in 2004). This use was incorporated into the Planned Industrial District to provide consistency with the Use Determination Delicatessens Incorporate policy practice to No No VW allow small food uses within the industrial districts with the intention of providing an ancillary and supplemental use (provide lunch to workers). Delis have typically been permitted in the PM Districts in several of the Planned Developments Offices >50% GFA Incorporate policy practice to Yes No -jj allow offices within industrial Offices are districts subject to a CUP to permitted as an 0 ensure adequate parking and accessory use C compatibility with surrounding uses Sexually Oriented Sexually Oriented businesses are Yes No Businesses subject to TCC 3912 and are TCC 3912 permitted in PCMU, PC-C, PCC, M, and PC-IND Districts in compliance with restrictions of that chapter, The incorporation of SOB's into the Zoning Code is intended to provide clarification of uses. Indoor kennels and On Nov. 5, 1979, the Planning Yes No animal boarding Commission approved the use by facilities minute order within the M District EXHIBIT A Uses incorporated in CA 13-001 Places ofworship � �� ]%- and assembly 0 E V E- E i 5 0 CL U >. C Update term "church"and incorporate updates based on RLUPA and case law that requires Places of worship anywhere and subject to same standards as places of assembly Yes MIS