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HomeMy WebLinkAbout03 PUBLIC HEARING - ORD NO. 1429-ZONING CODE UPDATEMEETING DATE: TO: FROM: SUBJECT: AGENDA REPORT Agenda Item 3 Reviewed: City Manager Finance Director '/A MAY 7, 2013 JEFFREY C. PARKER, CITY MANAGER ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR ORDINANCE NO. 1429, ZONING CODE UPDATE (CODE AMENDMENT 13 -001) SUMMARY: Ordinance No. 1429 (Code Amendment 13 -001) proposes the incorporation of text amendments to Articles 4 and 9 of the Tustin City Code (TCC). Code Amendment 13 -001 will provide updates consistent with State law and organize the code using modernized format. Generally, the Code Amendment would: consolidate the site development standards in table format; provide updated terminology, definitions and standards to reflect changes with California State Law; codify and incorporate uses that are commonly established; include graphic and figures where appropriate; and, clarify duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. The incorporation of the proposed text amendments will ensure internal consistency; consistency with the requirements of State Law; and, consistency with the Tustin General Plan. RECOMMENDATION: That the Tustin City Council: (1) Adopt Resolution No. 13 -18 finding the Negative Declaration prepared for Ordinance No. 1429 is adequate; (2) introduce and have a first reading of Ordinance No. 1429 (Code Amendment 13 -001) to amend Article 4 and Article 9 of the Tustin City Code and set a second reading at the next City Council meeting. FISCAL IMPACT: Ordinance No. 1429 is a City- initiated project. There are no direct fiscal impacts anticipated as a result of adopting this ordinance. APPROVAL AUTHORITY: Pursuant to Tustin City Code 9295, any amendment to the Zoning Code may be initiated and adopted as other ordinances are amended or adopted. This City- initiated code amendment of Articles 4 and 9 of the Tustin City Code was considered by the Planning Commission at public City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 Page 2 hearings wherein the passage of a resolution of intention by the Planning Commission was adopted (Attachment C Resolution No. 4210). The legislative body (City Council) shall conduct a public hearing prior to adoption of the Ordinance No. 1429 amending the Tustin City Code. On February 26, March 12, and April 9, 2013, the Planning Commission conducted a public meeting and workshops on Ordinance No. 1429. The Planning Commission adopted Resolution No. 4210 recommending adoption of the Negative Declaration and Draft Ordinance No. 1429. Per TCC Section 9294c, Resolution No. 4210 and the minutes of the aforementioned meetings (Attachment C) shall constitute a report of the Planning Commission's findings and recommendation with respect to the proposed code amendment. BACKGROUND The Planning Commission held several meetings regarding proposed Ordinance No. 1429 for the Zoning Code update. The meetings held and considerations were as follows: • February 26, 2013, at a regular meeting of the Planning Commission, staff provided draft Ordinance No. 1429 (Code Amendment 13 -001) 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. • March 12, 2013, at the Planning Commission Public Hearing, written comments (44 items) were submitted at the meeting. It was noted by the Deputy City Attorney that the comments were received after the public review period ended 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). The Planning Commission continued the item until April 9, 2013, to provide additional time to consider and respond to the written comments. • April 9, 2013, at the Planning Commission Public Hearing, staff provided the following: o Written response to comments received on March 12, 2013; o Draft Ordinance No. 1429 with minor revisions based on input from the public, the Planning Commission, City staff and the City Attorney; and o A presentation addressing all public comments, including the additional 23 written comments received at 12:54 PM on April 9, 2013. DISCUSSION AND ANALYSIS This is a City initiated Code Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to ensure consistency with the objectives, policies, and programs specified in the Tustin General Plan. Code Amendment 13 -001 will also provide updates consistent with State law and organize the code using an updated format. For the past 15 years, the City has been amending the Zoning Code to modernize and keep the associated land use provisions current. As with all codes, the Community Development Department staff routinely and periodically prepare amendments to the City's zoning and development regulations to ensure it remains up to date. This update would bring the code closer to a modern format with tables and figures added. City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 Page 3 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 9271bb were organized in the TCC and clarified for consistency with State law) • Incorporate policy practice into the Zoning Code to ensure that uses that are commonly established are codified • 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) • 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) City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 Page 4 • 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 6 LU Goal 8 PUBLIC INPUT 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 electricity, natural gas, and communication service systems. A public notice was published in the Tustin News on February 7, 2013, informing the public of the Notice of Intent to adopt a Negative Declaration and of the Planning Commission public hearing for proposed Code Amendment 13 -001 held on March 12, 2013. At that time, the public hearing was continued to April 9, 2013. Comments received in conjunction with this item are as follows: • February 26, 2013: Oral comments were received at the Planning Commission meeting regarding the Code Amendment 13 -001 listed under Regular Business (Item No. 3) • March 12, 2013: written comments received at 7:20 PM at the public hearing • April 9, 2013: written comments received at 12:54 PM prior to the continued public hearing The written correspondence received February 26, March 12 and April 9, 2013 are attached for reference in Attachment D. A comprehensive list of staff's responses to public comments has been prepared and is attached hereto in Attachment E. ENVIRONMENTAL ANALYSIS 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 (Attachment A, Exhibit 1) which was available for public review from February 20, 2013, through March 12, 2013. City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 Page 5 Amy Stonich, AICP Senior Planner Attachments: Elizabeth A. Binsack Director of Community Development A. City Council Resolution No. 13 -18 Exhibit 1- Initial Study and Negative Declaration B. Draft Ordinance No. 1429 Exhibit 1 - Amendments to Article 4 and 9 C. Planning Commission Minutes and Resolution No. 4210 (attachments not included) D. Public input — written comments received March 12 and April 9, 2013 E. City Staff's response to comments received February 26, March 12, and April 9, 2013 ATTACHMENT A City Council Resolution No. 13 -18 City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 RESOLUTION NO. 13 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR CODE AMENDMENT 13 -001 TO AMEND ARTICLE 4 AND ARTICLE 9 OF THE TUSTIN CITY CODE TO INCORPORATE MINOR TEXT AMENDMENTS TO THE ZONING CODE. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That proposed Code Amendment 13 -001 is considered a "project" subject to the terms of the California Environmental Quality Act ( "CEQA ") (Public Resources Code §21000 et. seq.); B. That an Initial Study was prepared to evaluate the potential environmental impacts associated with Code Amendment 13 -001 and concluded that potential impacts are at a level of insignificance and a Draft Negative Declaration was prepared; C. That a Notice of Intent to Adopt a Negative Declaration was filed with the Clerk for the County of Orange for posting, and provided to members of the public using a method permitted under CEQA Guidelines Section 15072(b). The Initial Study and Draft Negative Declaration were made available for a 20 -day public review and comment period from February 20, 2013, through March 12, 2013, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines. The City received written comments at the March 12, 2013, Planning Commission Public Hearing. It was noted by the City Attorney that the comments were received after the public review period for the Initial Study; additional written comments were submitted on April 9, 2013, prior to the continued public hearing. D. That the Planning Commission conducted a duly- noticed public hearing on March 12, and April 9, 2013, to consider the Initial Study, proposed Negative Declaration, and Ordinance No. 1429 (Code Amendment 2013- 001), at which hearing, members of the public were afforded an opportunity to comment upon the project. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 4210 recommending that the City Council adopt a Negative Declaration for Code Amendment 13 -001; E. That the City Council conducted a duly noticed public hearing on May 7, 2013, to consider Resolution No. 13 -18 for the Negative Declaration prepared for CA 13 -001 at which hearing, members of the public were afforded an opportunity to comment upon the project and to introduce and have a first reading of Ordinance No. 1429 (Code Amendment 13 -001) to amend Article 4 and Article 9 of the Tustin City Code and set a second reading on May 21, 2013, to adopt Ordinance No. 1429 (CA 13 -001) and; and Resolution No. 13 -18 Ord. No. 1429 (CA 13 -001) Page 2 F. That the City Council considered the Initial Study and the Negative Declaration (Exhibit 1) and finds it to be adequate for Ordinance No. 1429 (Code Amendment 13 -001). II. The City Council hereby adopts the Negative Declaration attached hereto as Exhibit 1 for Code Amendment 13 -001 to amend Article 4 and 9 of the Tustin City Code. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 7`h day of May, 2013. JEFFREY C. PARKER CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS ELWYN A. MURRAY MAYOR I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 13 -18 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7`h day of May, 2013, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER CITY CLERK EXHIBIT 1 of Attachment A Initial Study and Negative Declaration City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573 -3100 INITIAL STUDY A. BACKGROUND Project Title: Lead Agency: Lead Agency Contact Person: Project Location: Project Sponsor's Name and Address: General Plan Land Use Designation: Zoning Designation: Project Description: 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 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 ❑ Orange County Health Care Agency ❑ South Coast Air Quality Management District ❑ Other Attachment: EXHIBIT 1:Tustin Planning Area City of Irvine City of Santa Ana Orange County EMA Code Amendment 13 -001 (CA 13 -001) City of Tustin B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ❑ Aesthetics ❑ Air Quality ❑ Cultural Resources ❑ Hazards & Hazardous Materials ❑ Land Use /Planning ❑ Noise ❑ Public Services ❑ Transportation/Traffic ❑ Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture Resources ❑ Biological Resources ❑ Geology /Soils ❑ Hydrology/Water Quality ❑ Mineral Resources Population /Housing ❑ Recreation ❑ Utilities /Service Systems ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 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. ❑ I find that although the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Elizabeth A. Binsack, Community Development Director Preparer: Amy Stonich, AICP, Senior Planner 2 Date,_3 /W1.. Code Amendment 13 -001 (CA 13 -001) City of Tustin D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1 A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project- specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2) All answers must take into account the whole action involved, including off -site, on -site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made and EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross - referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a 3 Code Amendment 13 -001 (CA 13 -001) City of Tustin previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. 4 Code Amendment 13 -001 (CA 13 -001) City of Tustin E. INITIAL STUDY Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact 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? Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The City of Tustin General Plan encourages protection of scenic views and resources through site planning and architectural design and through implementation of the Grading and Excavation Code and Manual. The ordinance is intended to update the Zoning Code with text amendments including terminology, definitions, and standards to reflect California State Law. The ordinance is not anticipated to affect any scenic resources in that there are no physical changes proposed. Therefore, this project will not have a substantial adverse effect on a scenic vista. 5 Code Amendment 13 -001 (CA 13 -001) City of Tustin b) No Impact. The General Plan Circulation Element does not identify any State scenic highways within the City. There are no impacts related to the Ordinance in that the text amendments will consolidate standards and provide clarification in the Zoning Code. Therefore, no impacts are anticipated from the implementation of the proposed project. c) No Impact. The code amendment does not exempt individual projects from review. Impacts related to any future project may be identified and evaluated in conjunction with the applicable discretionary process and may be subject to separate CEQA review. Therefore, no impacts are anticipated from the implementation of the proposed project. d) No Impact. The code amendment will not create a source of light and glare. The amendment seeks to protect scenic views through the addition of light and glare regulations to the Zoning Code. Individual projects may be subject to providing a photometric plan and additional review may be required on a case -by -case basis for lighting of parking lots and loading areas. However, there is no impact associated with this project. Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 6 Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, 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? Less Than Potentially Significant Less Than Significant With Significant Impact Mitigation Impact Incorporated ❑ ❑ ❑ No Impact ❑ ❑ ❑ 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 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 !Lb above, the proposed project will not directly impact or result in the conversion of existing farmland uses to non - agricultural uses. Therefore, no impacts are forecast to occur as a result of implementation of the code amendment. Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. A Guide to The Farmland Mapping and Monitoring Program, 2004 Edition http: / /www. conservation. ca.qov /dlrp /fmmp /Documents /fmmp guide 2004.pdf Issues: III. 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? s Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ El Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: 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? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate 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 9 Code Amendment 13 -001 (CA 13 -001) City of Tustin applicable specific plan or other review document and may be subject to separate CEQA review. Therefore, no impacts are forecast to occur as a result of implementation of the code amendment. b -e) No Impacts. Grading and development activities are not associated with the proposed code amendment. Impacts related to any future project would be identified and evaluated in conjunction with the discretionary review process and /or applicable specific plan or other review document and may be subject to separate CEQA review. Furthermore, projects are subject to the City's standard conditions of approval to minimize local nuisance from grading and construction activities. This condition is in conformance with the SCAQMD requirements and therefore, no impacts are anticipated to occur. Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: IV. BIOLOGICAL RESOURCES. Would the project: 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 No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate 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 NPDES No. CAS618030) with the Regional Water Quality Control Board, Santa Ana Region, any future applicant may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) to ensure grading and reclamation activities do not allow runoff from the site to carry sediment during a storm event to impair the water quality. The code amendment will incorporate text amendments to update the Zoning Code. Any future project that is considered a priority project will be required to prepare a Water Quality Management Plan (WQMP) as part of the discretionary review process to ensure runoff from the site, due to ongoing operations, does not impair water quality downstream. Therefore, no impact is anticipated as part of the code amendment that could cause a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. d) No Impact. As discussed in response IV.a, b, the code amendment does not propose any physical changes. The code amendment will incorporate modifications including spelling and grammar corrections, changes to reflect California State Law, and updates and terminology and definition updates to the Zoning Code. Impacts related to any future project could be identified and evaluated as part of the discretionary review process in conjunction with the California Fish and Game Code and may be subject to separate CEQA review and conditions of approval limiting grading activities. Therefore, no impacts are anticipated from the implementation of the code amendment. e) No Impact. The City's General Plan Conservation /Open Space /Recreation Element mandates continued maintenance of significant tree strands. New developments may require a biological assessment as required in the review process. This code amendment will incorporate modifications including the incorporation of standards for open space for high density housing. These standards are consistent with other open space requirements in the City of Tustin and other surrounding Cities and will ensure the development and maintenance of minimum open space areas for high density housing. Other modifications to be incorporated in the code amendment will not change or impact current biological resource policies. Future development applications may be subject to further discretionary review for consistency with any local policies or ordinances protecting biological resources. Therefore, there is no impact. f) No Impact. The City of Tustin is a participating member of the Natural Community Conservation Plan (NCCP) and is within the Coastal Sub /Central Orange County NCCP region. No physical improvements are currently proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with the applicable NCCP /HCP plan or any other conservation plan and may be subject to separate CEQA review. Therefore, the code amendment has no impact. 12 Code Amendment 13 -001 (CA 13 -001) City of Tustin Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Department of Fish and Game, NCCP http: / /www.dfq .ca.qov /habcon /nccp /index.html Issues: 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? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ 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. 13 Code Amendment 13 -001 (CA 13 -001) City of Tustin a) No Impact. The City of Tustin General Plan sets out conservation goals to maintain and enhance the City's unique culturally and historically significant building sites or features. Specifically, Policy 12.1 Identify, designate, and protect facilities of historical significance, and Policy 12.3 Development adjacent to a place, structure or object found to be of historic significance should be designed so that the uses permitted and the architectural design will protect the visual setting of the historical site. Since the zoning code amendment will not change or alter the physical environment and each individual project will be subject to the City's Goals and Policies of the General Plan, the project is not anticipated to create a substantial adverse change to historical resources and no impacts are forecast from the implementation of the proposed project. b, c) No Impact. According to the City of Tustin General Plan Conservation /Open Space /Recreation Element (Goal 13), and the Standard Conditions of Approval, individual projects will be subject to site inspection by certified archaeologists or paleontologists for new development in designated sensitive areas. These conditions will be required on a case -by -case basis for individual projects subject to discretionary review; however this code amendment proposes no physical changes. Therefore, no impacts related to archaeological resources would result from the proposed project. d) No Impact. No physical improvements are currently proposed in conjunction with the code amendment. As such, the project will not adversely affect, destroy or disturb human remains. Impacts related to any future project would be identified and evaluated through the discretionary review process in conjunction with a specific project and standard conditions of approval applied; however, no foreseeable impacts related to cultural resources are anticipated. Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: VI GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 14 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Code Amendment 13 -001 (CA 13 -001) City of Tustin 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 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate 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 of this project. a (iii -iv) No Impact. There is no development associated with the zoning code amendment and individual projects would be subject to the California Building Code and the SEAOC guidelines. Furthermore, a standard condition of approval requiring a soils report will be required prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this code amendment. b) No Impact. The City of Tustin is a co- permittee with Orange County in the NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, during construction of any future project, the applicant will be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment controls, tracking controls, wind erosion control, non -storm water management, and materials and water management. A standard condition of approval requiring BMP's as part of individual development plans may be required as part of the discretionary review process prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this project. c -d) No Impact. As indicated in Vl.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 http:// www. ocwatersheds. com /dampreport/default.aspx ?ID= 1000358 17 Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: VII HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 18 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: 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? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4_and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a - c) No Impact. The project involves the implementation of a new zoning code amendment to make modifications and updates to the Zoning Code. There are no hazardous materials proposed as part of this project. Each individual development project will be subject to review on a case -by -case basis for hazardous materials. Therefore, no impacts related to this issue will result from the proposed project, and no mitigation measures are required. d) No Impact. This project does not involve a specific hazardous materials site. Any new project will be subject to review with the list compiled pursuant to Government Code Section 65962.5. A 19 Code Amendment 13 -001 (CA 13 -001) City of Tustin standard condition of approval may require a site - specific geotechnical investigation for the entire site and preparation of a geologic and soils report will be required as part of the project. Therefore, no impacts related to this issue will result from the proposed project. e - f) No Impact. According to the City's General Plan Circulation Element, air travel is available from John Wayne Airport in Orange County, approximately five miles to the south by surface roadway. However, the Tustin Planning Area does not lie within any of John Wayne's safety zones. The former MCAS Tustin helicopter station was located in the southern portion of the City. A Specific Plan for reuse of the base has resulted in the elimination of aviation uses, with the exception of heliports individually permitted or blimp operations as an interim use. New development will be subject to review with the Airport Land Use Commission if necessary. Any conditions of approval will be incorporated into each individual project where necessary. Therefore, no safety hazards are anticipated related to this issue. g -h) No Impact. The zoning code amendment will incorporate text modifications into the zoning code. It would not involve any changes or uses that would interfere with the City's Emergency Operations Plan or with major emergency evacuation routes out of the area; nor is it anticipated to expose people or structures to a significant risk of loss, injury or death wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Therefore, there are no impacts associated with this issue. Mitigation Measures /Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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. 20 ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin 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? ?t Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: g) Change runoff flow rates or 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 water that would exceed the capacity of existing or planned stormwater drainage systems? i) Increase impervious surfaces and runoff in a manner that substantially impairs water quality or causes other significant adverse environmental impacts? )) 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 water bodies that are listed as impaired on the Clean Water Act section 303(d) list, result in an increase of any pollutant for which the water body is listed as impaired? 22 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated n ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: I) 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? o) 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 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: t) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? u) Place within a 100 -year flood hazard area structures that would impede or redirect flows? v) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? w) Expose people or structures to a significant risk of inundation by seiche, tsunami, or mudflow? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a - b) No Impact. The City of Tustin is a co- permittee with Orange County in the NPDES program, which is designed to reduce pollutants in storm water runoff. The code amendment does not include construction of new facilities. Accordingly, during construction of any future development project, the applicant may be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment 24 Code Amendment 13 -001 (CA 13 -001) City of Tustin controls, tracking controls, wind erosion control, non -storm water management, and materials and water management. By preparing a SWPPP for NPDES compliance in addition to the standard conditions of approval for water quality, any future project could potentially meet all applicable regulations to manage runoff from the project site. Pollutants in storm water would be substantially reduced by source control and treatment BMPs. Since there is no development proposed as part of this project, there would be no impacts. c) No Impact. Construction of any future project may temporarily alter existing drainage patterns, as there would be areas of exposed soil during grading and excavation activities. If a storm event were to occur during these activities, exposed sediments may be carried off -site and into the local storm drain system increasing siltation. However, as discussed in Response No. VIll.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 Vlll.a -b) and BMPs (discussed in Responses VIll.a -b, VIII.c, and VlIl.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 -j) No Impact. As described in response Vlllg -h, runoff typically increases with parking, however, there is no development associated with this zoning code amendment in that uses determined by the Community Development Director and /or Planning Commission to be similar to permitted and conditionally permitted uses will be incorporated into the Zoning Code. Individual projects may be subject to providing a WQMP on a case -by -case basis. Therefore, there are no impacts associated with the proposed project. k) No Impact. The code amendment will ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin through the 25 Code Amendment 13 -001 (CA 13 -001) City of Tustin incorporation of updates in California State Law, and updates of terminology and definitions into the Zoning Code. Any future project may generate and increase in runoff and types of pollutants (i.e.: some trash and oil /grease from vehicles). As discussed in Response No. VIII 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. I) 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 VIII I, 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. VIII 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. 26 Code Amendment 13 -001 (CA 13 -001) City of Tustin s) No Impact. As discussed in Response No. VIII n, since there is no development associated with this project and future projects would be subject to individual review on a case -by -case basis. No impacts will occur as part of the code amendment. t - u) No Impact. Any individual projects will 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 VIII t -u) and potentially subject to significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. However, there are no impacts associated with the code amendment. w) No Impact. Any future development projects would be subject to review to determine whether the project is within an area that has been identified as susceptible to liquefaction or potential bedrock landslides. These areas are identified on Figure COSR -1 of the City's General Plan. When development is proposed within these areas, studies shall be performed as directed by the City to determine the potential for hazards and the amount of development which is supportable on the site. As described in VIII v, in the unlikely event of inundation by seiche, tsunami, or mudflow an individual project would be part of the City's Emergency Preparedness Plan. Therefore, no impacts associated with the code amendment. Mitigation Measures /Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. OC Watersheds http:// www. ocwatersheds. com /dampreport/default.aspx ?I0= 1000358 Issues: IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 27 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Code Amendment 13 -001 (CA 13 -001) City of Tustin b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ❑ ❑ ❑ Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The code amendment will provide updates to the Zoning. The code amendment is not anticipated to physically divide an established community in that the incorporation of amendments will ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Therefore, no impacts will occur. b) No Impact. The City's General Plan indicates the following: Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Specifically, Policy 2.1: Consider all General Plan goals and policies, including those in the other General Plan elements, in evaluating proposed development projects for General Plan consistency. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. The code amendment will provide updates and modifications that are necessary for consistency with the City's General Plan and other State laws. Therefore, the project is in conformance with the General Plan, and there are no conflicts related to the implementation of the code amendment. c) No Impact. As indicated in response IV f, the City of Tustin is a participating member of the Natural Community Conservation Plan (NCCP) and is within the Central /Coastal Orange County 28 Code Amendment 13 -001 (CA 13 -001) City of Tustin region. No physical improvements are currently proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with the applicable NCCP /HCP plan or any other conservation plan and may be subject to separate CEQA review. As a result, no impacts are anticipated from the implementation of the code amendment. Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: X MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. 29 Code Amendment 13 -001 (CA 13 -001) City of Tustin a -b) No Impact. According to the City of Tustin Conservation /Open Space /Recreations Element (Figure COSR -2) there are no known mineral resources within the City that would be of value to the region and the residents of the state. Therefore, there are no project related impacts associated with mineral resources. Issues: XI NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ El ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 111 N Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a -d) No Impact. The City of Tustin General Plan Noise Element, and the City's Municipal Code, Chapter 6 Section 4614, Noise Control (Noise Ordinance) establish noise standards for the City. The Safety and Noise Element addresses noise with respect to general land use compatibility, while the Noise Ordinance addresses noise from specific sources. The Noise Ordinance established exterior noise standards of 55 dBA during the daytime hours between 7:00 a.m. and 10:00 p.m. and 50 dBA during the nighttime hours between 10:00 p.m. and 7:00 a.m. These noise standards are adjusted further based on the cumulative duration of the noise occurrence, as well as the prevailing ambient noise levels near the project. Each future individual project will be subject to review on a case -by- case basis. The proposed project does not include new development and would not expose people to excessive noise; therefore, no impact will occur as a result of this project. e -f) No Impact. As indicated in response VII e -f, according to the City's General Plan Circulation Element, air travel is available from John Wayne Airport in Orange County, approximately five miles to the south by surface roadway. However, the Tustin Planning Area does not lie within any of John Way's safety zones. The former MCAS Tustin helicopter station was located in the southern portion of the City. A Specific Plan for reuse of the base has resulted in the elimination of aviation uses, with the exception of heliports individually permitted or blimp operations as an interim use. New development could be subject to review with the Airport Land Use Commission if necessary as well as with the Noise Ordinance. Any conditions of approval will be incorporated into each individual project where necessary. No impact will occur as a result of this code amendment. 31 Code Amendment 13 -001 (CA 13 -001) City of Tustin Mitigation Measures /Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: XII POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. 32 Code Amendment 13 -001 (CA 13 -001) City of Tustin a) No Impact. The Tustin Planning Area is an established and urbanized area. There is no development associated with the code amendment. Zoning Code modifications including spelling and grammar corrections, changes to reflect California State Law, and updates to definitions will be incorporated into the Zoning Code. It is not anticipated to substantially increase population growth. Therefore, no impact on the local or regional population is expected to occur. b) No Impact. There are no physical improvements in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated on a case -by -case basis as part of the discretionary review process. Therefore, no housing would be displaced by the implementation of the proposed project and there are no impacts associated with this code amendment. c) No Impact. As stated in Response No. XII b) no development associated with the code amendment. No persons would be displaced by the implementation of the proposed project. Therefore, there are no impacts associated with this issue. Mitigation Measures /Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: XIII PUBLIC SERVICES. Would the project: a) Result in substantial adverse 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? Police protection? 33 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: Schools? Parks? Other public facilities? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan and use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) Fire protection. No Impact. The Orange County Fire Authority provides fire protection for the City of Tustin on a contractual basis. All water mains and fire hydrants must be constructed in accordance with Orange County guidelines and are subject to approval by the Orange County Fire Authority. Adherence to these guidelines will ensure that no significant impacts on fire protection services will occur. Future projects may be subject to individual review by the Fire Authority as part of the discretionary review process routing process. Therefore, there are no impacts related to fire protection. Police protection. No Impact. The Tustin Police Department provides law enforcement services within the City of Tustin. Routine and scheduled patrolling is done throughout the City and would continue as they do under existing conditions. It is not anticipated that the proposed parking ordinance would require additional officers. Rather, it is assumed that the Police Department will continue to assess and evaluate its crime statistics for problem areas within the City. No impacts associated with the implementation of the code amendment. Schools. No Impact. The code amendment will not provide housing that would generate demand for additional schools. The project will not increase student population necessitating a need for new or expanded school facilities. No impacts are anticipated. 34 Code Amendment 13 -001 (CA 13 -001) City of Tustin Parks. No Impact. The code amendment does not propose new construction. Any future project may be subject to further discretionary review. However, the project is not anticipated to generate a demand for additional parks. No mitigation measures are required. Other Public Facilities. No Impact. The code amendment is not anticipated to result in any substantial increase in demands on other government services or public facilities such as roads, libraries, hospitals, or post offices. Future projects are not anticipated to generate traffic however; should impacts be associated with an individual project, they would be reviewed and considered on a case -by -case basis and conditions of approval included as necessary to mitigate impacts. No increased need for maintenance of these public facilities is anticipated. No mitigation measures are required. Mitigation Measures /Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: XIV RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: 35 Code Amendment 13 -001 (CA 13 -001) City of Tustin Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a -b) No Impact. The code amendment will provide updates to the Zoning Code and incorporate spelling and grammar corrections, changes to reflect California State Law, and updates to definitions. The proposed project does not involve the construction of uses that will increase demand for parks. Therefore, the proposed project will not adversely impact existing recreational facilities. Mitigation Measures /Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XV TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 36 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. Construction and operation of future projects could potentially generate traffic. These impacts would be reviewed and considered on a case -by -case basis and conditions of approval included as necessary to mitigate impacts. The proposed project is not anticipated to impact traffic. No mitigation is necessary. b) No Impact. The City has adopted a Congestion Management Program (CMP) to reduce traffic congestion and to provide a mechanism for coordinating land use development and transportation improvement decisions. Any future project will require review and conformance with the requirements of the Tustin General Plan and the CMP. However, no improvements are proposed as part of this project. Therefore, it would have no impact and no mitigation is necessary. 37 Code Amendment 13 -001 (CA 13 -001) City of Tustin c) No Impact. The code amendment will incorporate similar uses and provide updates and modifications to the Zoning Code. It is not anticipated to produce any air traffic increases, nor would existing air traffic patterns impact it. No impacts are anticipated from implementation of the code amendment. d) No Impact. The code amendment will incorporate changes to reflect California State Law, and updates to definitions in the Zoning Code. Therefore, the code amendment is not anticipated to cause hazardous conditions or allow incompatible uses. No impact will occur as part of this code amendment. e) No Impact. The code amendment does not include any new development and will not result in inadequate emergency access. Future development will be reviewed and considered on a case -by- case basis and conditions of approval included as necessary to mitigate impacts. No mitigation is necessary. f) No Impact. The code amendment will incorporate similar uses and provide updates to the Zoning Code. Any future project may be subject to discretionary review which includes providing minimum parking for new uses. Therefore, there is no impact to this issue and no mitigation is necessary. g) No Impact. The code amendment will not conflict with adopted policies, plans, or programs supporting alternative transportation in that the new ordinance will provide that will better organize and supplement Tustin's Zoning Code and changes to reflect California State Law, and updates. These regulations are consistent with the City's Circulation Element which addresses the circulation improvements needed to provide adequate capacity for future land uses. The Element establishes a hierarchy of transportation routes with specific development standards. Future projects will be required to conform to the City's Circulation Element based on individual review. Therefore, there is no impact to this issue and no mitigation is necessary. Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: XVI UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 38 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et. Seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221). e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 39 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and 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)? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The Tustin Planning Area is located within the jurisdiction of the Regional Quality Control Board, Santa Ana Region. The code amendment does not include new development. Any wastewater generated by future projects may be subject to review for impacts on wastewater facilities as part of the discretionary review process. Typically, any increase in wastewater flows resulting from an off - street parking project would be minimal. Future development would be required to comply with local and state regulations to minimize any potential impacts from hazardous materials use. As discussed in Section VIII. Hydrology and Water Quality, any future project may be required to 40 Code Amendment 13 -001 (CA 13 -001) City of Tustin implement standard BMPs to control storm water runoff at the project site. Therefore, no impacts are associated with this project. b) No Impact. The City of Tustin and Irvine Ranch Water District (IRWD) provides water and Orange County Sanitation District (OCSD) and IRWD both provide wastewater services within the Tustin Planning Area. The code amendment does not include new development. The amount of potable water needed and wastewater generated by a future project be reviewed on a case -by -case basis for any potential to cause significant environmental impacts and would most likely be nominal. Minor infrastructure improvements may be required to provide on -site connections from the existing water and wastewater services to any new project. Since there are no new wastewater treatment facilities or potable water facilities will be needed as part of this code amendment there are no impacts. c) No Impact. As discussed in Response No. XVI a) above, the code amendment will incorporate text updates. Future projects would be required to comply with local and state regulations to minimize any potential impacts from expansion of existing facilities. Any future project may be required to implement standard BMPs to control storm water runoff at the project site and may incorporate construction and post- construction BMPs in compliance with the NPDES permit and Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. However, there are no impacts from implementation of the proposed code amendment. d- e) No Impact. As discussed in Response No. XVI b) above, the code amendment will incorporate updates. Any increase in water demand from any future project is anticipated to be nominal and would be considered and mitigated as necessary on a case -by -case basis. No mitigation measures are required. f -g) No Impact. CR &R Waste Services provides solid waste collection and disposal services to the City of Tustin. Any solid waste generated a future project would be diverted to a transfer station and then to the Bee Canyon /Bowerman Landfill located at 11002 Bee Canyon Access Road in Irvine. The zoning code amendment does not propose any construction. Furthermore, any future project would be required to comply with local, state, and federal requirements for integrated waste management (i.e. recycling) and solid waste disposal. Waste Management provides recycling opportunities to businesses and institutions, although implementation of recycling programs by businesses and institutions is voluntary. The project is anticipated to have no impact on landfill capacity. h) No Impact. The code amendment will incorporate updates and uses previously determined to be similar to permitted and conditionally permitted uses of the Zoning Code. A Standard Condition of Approval will be added to individual future projects requiring a Water Quality Management Plan (WQMP) for the use of non structural and /or structural BMPs including but not limited to tenant education, activity restrictions, street sweeping, landscaped areas with efficient irrigation and limited run -off, strategically placed catch basins with fossil filters, and catch basin stenciling. BMPs required as part of an individual project would not necessarily result in any significant environmental effect. No impact as part of this project. Mitigation Measures /Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 41 Code Amendment 13 -001 (CA 13 -001) City of Tustin 3. OC Watersheds http:// www. ocwatersheds .com /dampreport/default Issues: .aspx ?ID = 1000358 XVII MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long -term environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ Less Than No Significant Impact Impact Discussion: Code Amendment 13- 001(Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code 42 Code Amendment 13 -001 (CA 13 -001) City of Tustin amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The proposed code amendment will incorporate text modifications to the Tustin City Code. There is no development proposed as part of this code amendment, therefore, the project will not have the potential to significantly impact sensitive resources. b) No Impact. As discussed in response XVlla, 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 TUSTIN It NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION /, a. MITIGATED NEGATIVE DECLARATION ❑ Fee Exempt per Govt. Code 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 streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): Citywide (See attached) This Initial Study was completed in accordance with the City's Guidelines implementing the Califomia 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 indenendpnr i I,.t.,-,,,a.., ,.h6,. r:,.. ❑ The Project site IS on a list compiled pursuant to Government Code section 65962.5. • The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5. ❑ The proposed project IS considered a project of statewide, regional or areawide significance. ® The proposed project IS NOT considered a project of statewide, regional or areawide significance. ❑ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. ® The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. ❑ A scoping meeting WILL be held by the lead agency. ® A scoping 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: I Location: Copies of the Initial Study and Draft Negative Declaration /Mitigated Negative Declaration are on file and are available for public review at City Hall, located at: City Hall address: Community Development Department, 300 Centennial Way, Tustin, California 92780 Comments will be received until the following date: February 20, 2013 through March 12, 2013 at 4:00 P.M. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. The City Council will consider the project and the Draft Negative Declaration /Mitigated Negative Declaration at its meeting on: Date: April 16, 2013 Time: 7:00 P.M. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration /Mitigated Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Signature: Title: Senior Planner Amy Stonich, AICP Staff Name: CITY OF TUSTIN Phone: (714)573- 3126 NOI T Et RI ft ritizi GENERAL PLAN I February 22, 2005 Figure l- Tustin Planning Area COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (7/4) 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 -3126 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: ® 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 ATTACHMENT B Draft Ordinance No. 1429 City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 ORDINANCE NO. 1429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1429 (CODE AMENDMENT 13 -001) TO AMEND ARTICLE 4 AND ARTICLE 9 OF THE TUSTIN CITY CODE TO INCORPORATE MINOR TEXT AMENDMENTS TO THE ZONING CODE. The City Council of the City of Tustin does hereby ordain as follows: The City Council finds and determines as follows: A. That the City has initiated Code Amendment to Article 4 and 9 of the Tustin City Code, to incorporate text amendments to the zoning code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format; B. That the Community Development Department routinely and periodically revises the City's zoning and development regulations to ensure it remains up to date. C. That the changes proposed by CA 13 -001 are considered minor in nature and do not alter the intent of the Zoning Code previously adopted by the Tustin City Code; That CA 13 -001 will incorporate text amendments to the Zoning Code ensuring consistency with the objectives, policies, and land use programs specified in the Tustin General Plan. CA 13 -001 complies with the General Plan, including the following Land Use (LU) goals and policies: LU Goal 1: Provide for a well balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. LU Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. LU Goal 6 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 LU Goal 8 Policy 8.6 Encourage planned improvements to electricity, natural gas, and communication service systems. Ordinance No. 1429 Page 12 E. That the proposed amendment is considered a "project" subject to the terms of the California Environmental Quality Act ( "CEQA "). Therefore, an Initial Study and findings for a proposed Negative Declaration have been prepared regarding this project for consideration by the City Council; F, That a Notice of Intent to Adopt a Negative Declaration was filed with the Clerk for the County of Orange for posting, and provided to members of the public using a method permitted under CEQA Guidelines Section 15072(b). The Initial Study and Draft Negative Declaration were available for a 20 -day public review and comment period from February 20, 2013, through March 12, 2013, in compliance with the State CEQA Guidelines; G. That on March 12. 2013, the Tustin Planning Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the code amendment and at which time the Planning Commission continued the public hearing until April 9, 2013, at which the Planning Commission considered the Initial Study, Negative Declaration, such oral and written testimony submitted, the staff report, and adopted Resolution No. 4210 recommending that the City Council approve Code Amendment 13 -001; H. That on May 7, 2013, the Tustin City Council held a noticed public hearing and considered and held first reading of Ordinance No. 1429 (Code Amendment 13- 001) and adopted Resolution No. 13 -18 approving the Negative Declaration and Initial Study prepared for CA 13 -001, to amend the Tustin City Code. II. The City Council hereby adopts Ordinance No. 1429 for Code Amendment 13 -001, as contained within Exhibit 1, attached hereto III. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections. subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 21st day of May, 2013. ELWYN A. MURRAY, Mayor JEFFREY C. PARKER CITY CLERK Ordinance No. 1429 Page 13 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN CERTIFICATION FOR ORDINANCE NO. 1429 JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1429 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 7'h day of May, 2013, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 21St day of May, 2013, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Exhibit 1: Amendments to Article 4 and Article 9 of the Tustin City Code EXHIBIT 1 of Attachment B Amendments to Article 4 and 9 of the Tustin City Code City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 Ordinance No. 1429 - Exhibit 1 Page 11 I. Article 4 Chapter 3 of the Tustin City Code is hereby amended as follows: 1. Section 4316 is hereby added as follows: 4316 REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS a Purpose The purpose of this subsection is to establish a comprehensive set of regulations and guidelines regarding areas for collecting and loading recyclable materials and recyclable materials for transportation to a mixed -waste processing or material recovery facility. b Definitions For the purposes of this section, the following words shall have the following meanings: "Development project" means any of the following: (1) A project for which a building permit is required for a new commercial, industrial or institutional building, or residential building having five (5) or more living units where solid waste is collected and loaded, or any residential project where solid waste is collected and loaded in a location serving five (5) or more living units. (2) Any new public facility where solid waste is collected and loaded and any improvements to that part of a public facility used for collecting and loading solid waste. (3) Any alteration or alterations to an existing commercial, industrial, or public facility project 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. Ordinance No. 1429 — Exhibit 1 Page 12 "Recycling area (areas for recycling)" means any space allocated for collecting and loading of recyclable materials c Applicability (1) The City of Tustin's contract with its hauler requires the provision of a recycling bin and /or toter to each business and multifamily account in the City, In addition, all areas of the City of Tustin that are served by the collection of commingled solid waste and recyclable materials for transportation to a mixed -waste processing or material recovery facility are exempt from the provisions contained herein. Provided that the material recovery facility meets California state regulations on the efficiency of recyclable recovery, the City will consider granting an exemption of a case -by -case basis. (2) In the event that the aforementioned exemption does not apply, all development projects for which a building permit is issued on or after September 1, 1993, shall be required to provide adequate. accessible. and convenient recycling areas for collecting and loading recyclable materials. (3) Where solid waste is collected and loaded in a location serving five (5) or more residential living units, recycling areas are only required to serve the needs of the living units which utilize the solid waste collection and loading area. d Guidelines The following guidelines shall be used in evaluating all recycling areas required by this subsection: (1) An adequate number and capacity of bins or containers to allow for the collection and loading of recyclable materials generated by the development shall be located within the recycling areas of development projects. 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 adjacent to, or developed in conjunction with, the solid waste collection areas. (10) A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein should be posted adjacent to all points of direct access to the recycling area. (11) All areas for loading and collecting recyclable materials are subject to design review by the Community Development Department. Ordinance No. 1429 - Exhibit 1 Page J4 II. Article 9 Chapter 2 of the Tustin City Code is hereby amended as follows: 1. Section 9220 is hereby added as follows: 9220 RESIDENTIAL SITE DEVELOPMENT STANDARDS Site Development Standards for primary residential uses by Zoning District. Site development standards for primary residential uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 2 of this Chapter. Table 1: Primary Residential Uses Zoning Minimum Lot Minimum Iot Lot Coverage Building Front Yardm Interior Corner Side Rear Yard(11 Area/Per family unit width Height Side Yard(1) Yard(1) RA Residential 7,200 sq ft/ 7,200 Linear frontage 40 percent 30 feet 20 feet 5 eef 10 feet 5 feet, but no less Agricultural District sq ft 60 feet/Cul -de- than 1,000 sq ft (Sec. 9221) sac frontage 40 clear and feet unobstructed usable open space on rear 1/3 of lot E4 Residential Estate 10,000 sr? ft/ 80 feet 40 percent 30 feet 20 feet 10% of lot 10% of lot 20 percent lot District 7,500 sq ft width width depth, hut no less (Sec. 9222) than 1,000 sq fl clear and unobstructed usable open space on rear 1/3 of lot R1 Single - Family 7,200 sq ft/ 7,200 60 feet 40 percent 30 feet 20 feet 5 eet 10 feet 5 feet, but no less Residential DistrictW sq ft than 1,000 sq ft rSec. 9223) clear and unobstructed usable open space on rear 1/3 of lot R2 Duplex Residential 7,200 sq ft/ 3,500 60 feet 50 percent 35 feet 20 feet 5 eet 10 feet 10 feet Districtr2) sq.B. (See 9225c) (Sec. 9225) R3 Multiple Family 7,000 sq ft/ 1,750 70 feet 65 percent 35 feet 1A.-feel 5 eet 10 feet 10 feet Residential District(2 sq ft See 9226c) Ordinance No. 1429 — Exhibit 1 Page 15 Table 1: Primary Residential Uses Zoning Minimum Lot Minimum lot Lot Coverage Building Front Yard(1) Interior Corner Side Rear Yard(1) Area/Per family unit width Height Side Yard(1) Yard(1) (:5' . 9226) (Sec. 9228) MPH Mobile Home Minimum 5 acre N/A 75 percent R4 Suburban 7,200 sq ft/3,000 N/A N/A 2 stories or 35 20 feet 5 feet 10 feet 25 feet Residential District sq ft feet (See 9228c) (Sec. 9228) MPH Mobile Home Minimum 5 acre N/A 75 percent 30 feet Trailer park- - Trailer - Trailer park- N/A Park District site for mobile none. park -none. none. (see Section 9227b for home park. Individual lot- Individual Individual lot - additional development Travel trailers 5_feet (measure lot -3 feet 3 feet standards) shall not exceed from curb to (Sec. 9227) 10% of total actual spaces in mobile structure, hitch home park. excluded). PD Planned 10,000/- N/A As determined As determined As determined As determined As determined As determined Development District with adoption with adoption with adoption of (see Section 9224e with with adoption of P -D District with of P -D District P -D District and9224f for additional adoption of of P -D adoption of development standards) P-D District P -D District (Sec. 9224) District (1) If front on to secondary or primary highway refer to section 9271u (2) If development is located within the Cultural Resources District (CR). refer to Section 9252j for additional standards Ordinance No. 1429 - Exhibit 1 Page I6 2. Section 9221 is hereby amended as follows: 9221 RESIDENTIAL AGRICULTURAL DISTRICT (RA) a Permitted Uses and Development Standards In the Residential Agricultural District (RA) only the following uses, (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9220 and /or as otherwise specified inof this Chapter. 1. Single family dwelling ( axims heifeet ( ing site: 7,200 square feet (c} property line: 60 feet „r n0 feet required in cul de sacs (d) Maximurn -lot coverage: 40 percent (e) Minimum €ron t (f) Mi imum -side yard setback: Corner lot line: 10 feet, - Interior- lot -1Tne: 5 feet e -feet; (h) Minimum lot area per fare c ^feet (i) Re pealed. (i) Repealed 2. Light farming, except commercial dairies, commercial kennels, commercial rabbit, fox, goat or hog farms, or commercial chicken or poultry ranches. (a)) Maximum h+gh he 30feet (b) Minimum building site: 7,200 square feet 3. Accessory uses normally incidental to a single family dwelling or light farming. This is not to be construed as permitting any commercial use. 4. Crop and tree farming 5. Home occupations in accordance with this Chapter. Ordinance No. 1429 — Exhibit 1 Page I7 6. 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 which, in the opinion of the community Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Residential Agricultural District (RA) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9220 and /or as specified in this Chapter. 1. Places of WorshipC#wrches, schools, parks, playgrounds, public utility and public - e... .. ? - - - - - - - - ' - - (a) Maximum height: 30 feet -per x�4. (b) Minimum building site: 20,000 square feet for Places of Worship shushes, 5 acres for schools, public utility and other uses as specified in a Conditional uUse ; Permit. (c) Minimum lot width at property line: 100 feet (d) Maximum lot coverage: 40 percent (e) Minimum front yard setback: 25 feet, unless otherwise indicated by Zoning Map (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 20 feet ()Repealed . 2. The maintenance of not over two (2) horses or cows for private use provided that minimum land area be thirty (30) thousand square feet subject- to use- permit. (a) Minimum building site: 30,000 square feet (b) Minimum lot width: 100 feet (c) Minimum front yard setback: 60 feet, unless otherwise indicated by Zoning Map (d) Minimum side yard setback: 20 feet (e) Minimum rear yard setback: 10 feet 3. The maintenance of not more than 25 rabbits or similar small animals or commercial chicken raising. . (a) Maximum height: 30 feet Ordinance No. 1429 — Exhibit 1 Page 18 (b) Minimum building site: one (1) acre (c) Minimum lot width at property line: 100 feet (d) Minimum front yard setback; 60 feet, unless otherwise indicated by Zoning Map (e) Minimum side yard setback: Corner lot line: 20 feet; Interior lot line: 10 feet (f) Minimum rear yard setback: 10 feet. 3. Section 9222 is hereby amended as follows: 9222 RESIDENTIAL ESTATE DISTRICT (E4) a Permitted Uses and Development Standards In the Residential Estate District (E4) only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission are similar) will be allowed subject to the development standards identified in Table 1 of Section 9220 and /or as specified inof this Chapter. 1. Single family dwellings ing site: 10,000 square feet, unless otherwise indicated on Zap (c) Minimum- lot-w+ y-1ine: 8- 0 f (4) Max um- lot - coverage: 10 percent (e) Minimum front yard setback: 20 feet (9) (-) (i) Repealed- (j) Repealed . I i • • - - -- : ! -- rent- of-lot-v++ dt# Minimum rear yard - setback: 2 percent-of -lot depth M -per -fam4y urTit -7 , 500 square-feet are feet 2. Accessory buildings only if constructed simultaneously with or subsequent to the main building on the same lot, and accessory uses normally incidental to single family residences. This is not to be construed as permitting any commercial uses. Ordinance No. 1429 — Exhibit 1 Page I9 (a) Maximum height: 250 feet (b) Maximum lot coverage: 30 percent of rear yard (c) Minimum side yard setback: 1 foot (d) Minimum rear yard setback: 1 foot except 5 feet required on an alley 3. Home occupations in accordance with this Chapter. 4. Large family day care homes (subject to the provisions set forth in Section 9271 aa) 5. Second residential units (a) Maximum height: 30 feet (b) Minimum building site: 12,000 square feet (c) Maximum overall lot coverage for all structures combined: 50 percent (d) Maximum lot coverage for the second residential unit: 30 percent of rear yard and 30 percent of side yard (e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit (f) Minimum front yard setback for off - street parking: 50 feet (g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (h) Minimum rear yard setback: 5 feet (i) Maximum floor area of second residential unit: 10 percent of total lot area (})---Repealed- (k) Repealed. EH(i) Any second residential unit shall be consistent with the architectural style, materials and color of the primary single - family dwelling and shall not detract from the single - family appearance of the primary single - family dwelling (m)(k) AnyThc second residential unit shall not cause a substantial adverse change, as defined in California Public Resources Code Section 5020.1, in the significance of any real property that is listed in the California Register of Historic Places or the City of Tustin Historical Resources Survey Ordinance No. 1429 — Exhibit 1 Page 110 (n)(I) AnyThe second residential unit shall be constructed concurrently with, or subsequent to, the primary single - family dwelling, which shall be conforming or brought into conformance with the Tustin City Code ( -e(m) All entrances to anythe second residential unit shall be located towardte the rear of the primary single_- family dwelling and shall not be visible from the public right -of -way (-p}(n) When the primary single - family dwelling would conform to the development standards normally applicable to second residential units, and the second residential unit is built between the primary single_- family dwelling and the front property line, the second residential unit shall be subject to the development standards normally applicable to the primary single_- family dwelling. b Conditionally Permitted Uses and Development Standards The following uses (or any other uses which, in the opinion of the community Development Director and /or the Planning Commission, are similar) may be conditionally permitted in the Residential Estate District (E4) 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 WorshipGhurehes, schools, parks, playgrounds, public utility- andpublic - - - - - - - - - - - - - es, crop and tree farming; subject to use permit. (a) Maximum height: 30 feet (b) Minimum building site: 20,000 square feet for Places of Worship eherches; 5 acres for schools, public utility and other uses as specified in a Conditional uUse pPermit (c) Minimum lot width at property line: 100 feet (d) Maximum lot coverage: 40 percent (e) Minimum front yard setback: 20 feet, unless otherwise indicated on Zoning Map (f) Minimum side yard setback: 10 percent of lot width (g) Minimum rear yard setback: 20 percent of lot depth (h-) Repealed. 2. Accessory buildings used as guest guartersrooms, providedir}g no cooking facility is installed or maintained, subject to a use— permit recorded deed restriction approved by the City. Ordinance No. 1429 — Exhibit 1 Page 111 (a) Maximum height: 25f2 feet (b) Maximum lot coverage: 30 percent of rear yard (c) Minimum front yard setback: 50 feet unless otherwise indicated on Zoning Map (d) Minimum side yard setback: Corner lot line: 10 feet, Interior lot line: 5 feet (e) Minimum rear yard setback: 5 feet 4. Section 9223 is hereby amended as follows: 9223 SINGLE FAMILY RESIDENTIAL DISTRICT (R1) a Permitted Uses and Development Standards In the Single Family Residential District (R1) only the following uses (or uses which in the opinion of the Community Development Director and /or the Planning Commission are similar) will be allowed subject to the development standards identified in Table 1 of Section 9220 and /or as specified in of this Chapter. 1. Single family dwellings (a) Ma-x +mom h. 0-feet (b) Minimum building site: 7,200 square -feet (c) Minimum lot width at property line: 60-feet (d) Maximum let- cavergeereent (e) —MMi, mum -front yard- setback: 20 feet nterier let 4i v- -feet s than 1,000 square feet (h) Minimum lot area- fly -unrit -7,200 square feet (i) -- Repealed- (J) repealer' 2. Accessory buildings only if constructed simultaneously with or subsequent to the main building on the same lot. (a) Maximum height: 250 feet (b) Minimum lot width at property line: 40 feet on cul -de -sacs at property line Ordinance No. 1429 — Exhibit 1 Page 1 12 (c) Maximum lot coverage: 30 percent of rear yard (d) Minimum front yard setback: 50 feet (e) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet clear and unobstructed on rear 1/3 of lot. 3. Accessory uses normally incidental to single family residences. This is not to be construed as permitting any commercial uses. (a) Minimum side yard setback: 1 foot (b) Minimum rear yard setback: 1 foot except 5 feet required on an alley 4. Small family day care home subject to the provisions set forth in Section 9271 aa. 5. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a) 6. Large family day care homes (subject to the provisions set forth in Section 9271 aa). 7. Second residential units: (a) Maximum height: 30 feet (b) Minimum building site: 12,000 square feet (c) Maximum overall lot coverage for all structures combined: 50 percent (d) Maximum lot coverage for the second residential unit: 30 percent of rear yard and 30 percent of side yard (e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit (f) Minimum front yard setback for off - street parking: 50 feet (g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (h) Minimum rear yard setback: 5 feet (i) Maximum floor area of second residential unit: 10 percent of total lot area (j) Reea12F (k) Repealed. (�(I) AnyThe second residential unit shall be consistent with the architectural style, materials and color of the primary single - family dwelling and shall Ordinance No. 1429 — Exhibit 1 Page 113 not detract from the single - family appearance of the primary single - family dwelling (-ri4)(k) AnyT -he second residential unit shall not cause a substantial adverse change, as defined in California Public Resources Code Section 5020.1, in the significance of any real property that is listed in the California Register of Historic Places or the City of Tustin Historical Resources Survey (n)(I) AnyThe second residential unit shall be constructed concurrently with, or subsequent to, the primary single - family dwelling, which shall be conforming or brought into conformance with the Tustin City Code (-Om) All entrances to anythe second residential unit shall be to the rear of the primary single_ - family dwelling and shall not be visible from the public rig ht -of -way (p)(n) When the primary single -family dwelling would conform to the development standards normally applicable to second residential units, and the second residential unit is built between the primary single - family dwelling and the front property line, the second residential unit shall be subject to the development standards normally applicable to the primary single_- family dwelling. b Conditionally Permitted Uses and Development Standards The following uses (or any other uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) may be conditionally permitted in the Single Family Residential District (R1) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9220 and /or as specified in this Chapter.. 1. Places of WorshipClshes, schools, parks, playgrounds, public utility -public - - - - - - - - - - - - - - - - - , crop and tree farming; subject to use permit. (a) Maximum height: 30 feet (b) Minimum building site: 20,000 square feet for Places of Worship shurshes, 5 acres for schools, public utility and other uses as specified in Conditional +JUse pPermit. (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 Ordinance No. 1429 — Exhibit 1 Page 1 14 (g) Minimum rear yard setback: 20 feet (h) Repeated. 2. Accessory buildings used as guest quartersrs, provideding no cooking facility is installed or maintained, subject to a use p rmitrecorded deed restriction approved by the City. (a) Maximum height: 259 feet (b) Maximum lot coverage: 30 percent of rear yard (c) Minimum front yard setback: 50 feet, unless otherwise indicated on Zoning Map (d) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (e) Minimum rear yard setback: 5 feet 3. Public or private parking lots for automobiles when adjacent to any "C" or "M" District, subject to the requirements of the City's parking regulations. identified in Part 6 of this Chapter.mad - when - proper nd-see e-permit. 5. Section 9224c1 is hereby amended as follows: 1. Except as provided in Section 9299 of this codeA-ny- application-fer a use perm+tauthorized through a Conditional Use Permit -in this district shall comply with Section 9291, and be submitted to accorxlpa - •- - • - - - - - _ _ - epment plans. Theme ",a e -use and zone of adjoining land+ the design and -- character, landscaping, general si s#Uctures te- be-placed-on- -the -si nsions of streets, parking- areas, open-- areasar d other- areas, - s . 6. Section 9225a is hereby amended as follows: a Permitted Uses and Development Standards .•e In the Duplex Residential District (R -2), only the following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9220 and /or as specifiedef in this Chapter. 1. All uses conditionally permitted in the R -1 District, subject to the development standards specified in the R -1 District. unless otherwise listed:., subject to a (-a) Ordinance No. 1429 - Exhibit 1 Page 15 (b) Minimum building site area: As specified in the R 1 District 1 District (d) specified-in-the-RA-District (e)— cks-As- specified- in the R 1 District (al) Minimum lot area per family unit: 3,500 square feet (g) Repealed. (d) Repealed. 2. Duplexes or two detached single - family dwellings on the same lot. (a) Maximum hoight -35 feet (b) Minimum building -site: 7,200 square feet (e)---Minim-urn-lot width-at property line: 60 feet (d) Maxi (e) -- Minica -front yardsetback:-20-feet (f) (g) Minimum side yard setback: lot Corner , 1 -0 ffeet; Interior 5 feet Minimum rear - yard - setback: 10 feet (h) Minimum-lot area r)- Repea leci (j) Repea led- 3. Home occu Section 9225b is hereby amended as follows: b Conditionally Permitted Uses and Development Standards 5- The following uses (or any other uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) may be conditionally permitted in the Duplex Residential District (R2) subject to the issuance of a Conditional Use Permit 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, subject to the development standards specified in the R1 District, unless otherwise listed. Ordinance No. 1429 — Exhibit 1 Pagel 16 Triplex-:.; (single structure) (a) Maximum height: 35 feet (b) Minimum building site area: 7,200 square feet (c) Minimum lot width at property line: 60 feet (d) Maximum lot coverage: 50 percent (e) Minimum front yard setback: 20 feet (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 10 feet (h) Minimum lot area per family unit: 3,500 square feet 23. Day care center (as defined in the Health and Safety Code). 8. Section 9226 is hereby amended as follows: 9226 MULTIPLE FAMILY RESIDENTIAL DISTRICT (R3) a Permitted Uses and Development Standards In the Multifamily Residential District (R3), only the following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9220 and/or as specified inef this Chapter. 1. All uses eonditionalTy- permitted in the R2 District. subject to the development standards specified in the R2 District, unless otherwise listed. sheet to Genditional- Use -Per nit Min+ MI operty line: As specified in the R 2 District Maximum lot coverage specified in the R 2 District Minimum landscape open space: 35 percent District Mum-- front -yard 4n- th-z -�4ct (h) Minimum rear yard- setback --As specified in the—R-2—District Ordinance No. 1429 – Exhibit 1 Page 117 Minimum lot area per family unit: 1,750 square feet 2. Multiple family dwellings, apartment houses (a) -Al x+ m-- height 35 --feet (b)-414 square feet (d) Maximum lot coverage: 65 percent (e) - Minimum -1 (f) Minimum fr zoning -maps) (g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (gh) Minimum rear yard setback: 10 feet 0)----Minimum-lot area per family unit: 1,750 square feet 3. Accessory building normally incidental to any of the above. This shall not be construed as permitting any commercial use or occupation other than those specifically listed. (a) Maximum height: 250 feet - dance -with b Conditionally Permitted Uses and Development Standards The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission. are similar) may be conditionally permitted in the Multiple Family Residential District (R3) subject to the issuance of a Conditional Use Permit 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 R -2 District. subject to the development standards specified in the R -2 District, unless otherwise listed. 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 Ordinance No. 1429 — Exhibit 1 Page 118 (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. 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 (q) Minimum rear yard setback: 20 feet 1--4 rRest homes, extended care facilities, convalescent hospitals, and sanitariums (a) Maximum height: 40 feet (b) Minimum building site: 7,500 square feet (c) Minimum lot width at property line: 70 feet (d) Maximum lot coverage: 75 percent (e) Minimum front yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet Ordinance No. 1429 - Exhibit 1 Page 119 (f) (g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet Minimum rear yard setback: 10 feet 2,5. Condominiums (as defined in the Civil Code), Community Apartment Projects (as defined in the Business and Professions Code), and Stock Cooperatives (as defined in the Business and Professions Code) when developed, or to be developed, pursuant to the criteria of the Planned Development District. 4 Hotels motels and boarding houses _(-a) -- —Max feet n wit : 7 500 square feet (C) Min+rnutm- lot width at property line: 70 feet (d) Maximum lot coverage: 75 percent (f) 1,1 • • • •• _ k: 20 feet Minimum- side -yard setback- Corner lot line: 10 feet; Interior lot line: 5 feet (h) Minimum common open space for boarding- houcvcse-s Thr e hi Inrlrod (300) g or rooming house and fifty (50)-square-feet-per v V V rtiaily enclosed-areas-set aside for passive and active recreational uses. Common -open space shall not include drive required front and side yard setback- areas- _.- e..• • —e •• •- • ee • _. (i) Minims - private open-spa Twenty five (25) enclosed areas set aside for passive and active recreational uses that-are assigned to individua balconies. -ion/-replacement u troyed due to catastrophic events may be-reconstructed or replaced - -b new- identical -- construction pursuant to the - me ed or destroyed dwelling units. • _ However, repair or and- -fire code regulations, 6. 6. Professional office use Ordinance No. 1429 — Exhibit 1 Page 120 (a) Maximum height: 40 feet (b) Minimum building site: 7,000 square feet (c) Minimum lot width at property line: 70 feet (d) Maximum lot coverage: 75 percent (e) Minimum front yard setback: 15 feet (unless otherwise indicated on Zoning Maps) (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 10 feet Swim schools c Maximum Height, Exception Notwithstanding any provision to the contrary contained in this Section 9226, when a lot in the R3 District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said R3 lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within one hundred fifty (150) feet of said RA, E4 and R1 zoned property, unless the Planning Agency shall grant a conditional use permit thereof. d Minimum Open Space Requirements 1. Private outdoor open space — Each dwelling unit shall have a minimum private open space of one hundred (100) square feet per dwelling unit. This shall be provided in the form of an appurtenant private patio, deck or balcony. 2. Common open space — 300 square feet per dwelling unit located within common, designated recreational areas. Private attached ground level patios may be included if open on three sides. Areas not available for open space credit include driveways parking lots or required front and side yard setbacks. 9. Section 9227b is hereby amended as follows: b Development Standards Development standards shall be the following: 1. Minimum building site (a) Mobile home park or travel trailer park: five (5) acres. Ordinance No. 1429 — Exhibit 1 Page 121 (b) Individual lot: The total area of all trailer and /or mobile home spaces shall be equal to or greater than the product of the total number of spaces multiplied by two thousand eight hundred (2,800) square feet. (c) Travel trailer spaces, with a minimum lot size of one thousand five hundred (1,500) square feet, shall not exceed ten (10) percent of the total spaces in a mobile home park. 2. Maximum density (a) Mobile home park: Ten (10) dwelling units per net acre (public streets excluded) (b) Travel trailer park: Fifteen (15) dwelling units per net acre. (c) Any lawfully established and developed parcel which is legal and conforming or legally nonconforming as of the date of the adoption of this subsection, and with the acquisitions of public rights -of -way by a public agency would result in densities exceeding the density permitted by the Zoning Code or would result in an increased nonconformity with regard to density shall not be considered legal nonconforming pursuant to Section 9227b2 and Section 9273 of the Zoning Code with regard to density only, provided that all other provisions of the Zoning Code are satisfied. 3. Maximum height: Thirty (30) feet. 4. Minimum yards and setbacks (a) Front yard: Trailer park —None Individual lot —Five (5) feet (measured from curb to actual structure, hitch excluded) (b) Side yard: Trailer park —None Individual lot —Three (3) feet 5. Maximum lot coverage -75 percent 6. Repeated Ordinance No. 1429 — Exhibit 1 Page 122 Recreation area required A minimum of one hundred (100) square feet of recreational space shall be provided for each trailer or mobile home lot in the park. If more than twenty -five (25) percent of the spaces in the park are occupied by persons having one (1) or more children under the age of fifteen (15), an additional fifty (50) square feet of recreational space shall be provided for each trailer or mobile home lot so occupied. Fences and walls Any mobile home or travel trailer park shall be surrounded by a six -foot, sight - obscuring fence or wall, of uniform treatment, except within twenty -five (25) feet of an entrance to, or exit from, a public street where such fence or wall shall have a maximum height of three (3) feet unless greater height is specifically approved in the conditional use permit. Clothes drying An enclosed area screened from view shall be provided for the outdoor drying of clothes. No clothes drying shall be permitted on the individual lot unless done within an enclosed structure. Irrigation of landscaped areas All landscaped areas, other than on individual spaces, shall be provided with an irrigation system. Architectural approval All recreational and service structures, landscaping and the exterior fence constructed in a mobile home or travel trailer park shall be approved by the Architectural Committee. 12 Rested. 10. Section 9228 is hereby amended as follows: 9228 SUBURBAN RESIDENTIAL DISTRICT (R4) a Permitted Uses In the Suburban Residential District (R4) only the following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Ordinance No. 1429 — Exhibit 1 Page 123 Commission, are similar) will be allowed, subject to the development standards identified in Table 1 of Section 9220 and /or as specified in of-this Chapter. 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. Recreation areas (public) and buildings, parks, playfields and playgrounds 5. Residential uses (all of a permanent character, placed in permanent locations) (a) Single- family dwellings (b) Two (2) or more detached one - family dwellings (c) Two - family dwellings (d) Multiple - family dwellings and apartment houses 6. Large family day care home (subject to the provisions set forth in Section 9271 aa) b Conditionally Permitted Uses The following uses (or any other uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) may be conditionally permitted in the Suburban Residential District (R4) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9220 and /or as specified in this Chapter. 1. Boarding houses (see Section 9226b2 for additional development standards) end other religiou assembly, m-u- seums -Iat Q-Fie& p} icr-schools � and colleges, private lleges 3:2. Day care center (subject to Section 9271aa2) 43. Parks (private) and recreation areas, recreation buildings, playfields and playgrounds, but not including amusement parks or other parks of a commercial nature Ordinance No. 1429 — Exhibit 1 Page 124 4. Places of worship, museums, libraries, public schools and colleges, private schools and colleges Rest homes, extended care facilities, convalescent hospitals, and sanitariums Utility structures - Electric distribution substations, gas metering and regulating stations and other similar public utility structures and uses rendering direct services to the public in a local area Development-- Stan4a s 1. Maximum height: 2 stories of 35 feet 3. Minimum front yard setback: 20 feet 4. Minimum side yard- setback: Corner lot line: 10 -feet; t 5. Minimum rea 6. Minimum 7. Repealed: 8. Repealed . Maximum Height, Exception square-feet Notwithstanding any provision to the contrary contained in this Section 9228, when a lot in the R4 District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said R4 lot to a height to exceed one (1) story, and /or twenty (20) feet, whichever is more restrictive, within one hundred fifty (150) feet of said RA, E4 or R1 zoned property, unless the Planning Agency shall grant a conditional use permit thereof. Ordinance No. 1429 - Exhibit 1 Page 125 11. Section 9230 is hereby added as follows: 9230 COMMERCIAL SITE DEVELOPMENT STANDARDS Site Development Standards for Commercial uses by Zoning District. Site development standards for Commercial uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 3 of this Chapter. Table 1: Lommerciai hire Development ntanaaras Zoning Minimum Lot Minimum Lot Coverage Building Front Interior Side Corner Side Rear Yard() Area lot width Height Yard(1) Yard(1) Yard00► Pr Professional 7,200 sq ft N/A N/A Two stories 20 feet 5 feet 5 feet 5 feet for one (1) story Residential or 35 fret building, 10 feet for District0) two (2) story building (Sec 9231) C1 Retail 5,000 sq ft 50 feet N/A 35 feet None None,10 feet None,10 feet None, 5 feet when Commercial when property when property property abuts "R" District abuts "R" abuts "R" District Service District District Stations see 9232h26) C2 Central 200 sq ft N/A 100 percent(2) 50 feet None,10 feet None,10 feet None,10 feet None Commercial uvhen when property when property District(3) property abuts "R" abuts "R" abuts "R" (Sec. 9233) District District District C3 Heavy 2,000 sq ft N/A 100 percent(2) 50 feet None,10 feet None,10 feet None,10 feet None,5 feet when Commercial when when property when property abutting on a alley14i Districts property abuts "R" abuts "R" abuts "R" (Sec. 9234) District District District CG Commercial 3,000 sq ft 70 feet 100 percenti2) 35 feet 10 fret None, 10 feet None, 10 feet 15 feet when abutting General front ultimate from ultimate a Single Family District street right of street right of Dwelling, 5 feet when (Sec. 9235) way or way or abutting an alley or adjoining residential lot adjoining residential lot private easement Ordinance No. 1429 — Exhibit 1 Page 126 (1) If it fronts onto secondary or primary highway then refer to section 9271u (2) Less parking and landscaping requirements, subject to General Provisions for permitted uses only. (3) If development is located within the Cultural Resources District (CR). refer to Section 9252j for additional standards (4) For Conditional Permitted Uses as specified in Use Permit. Ordinance No. 1429 - Exhibit 1 Page 127 12. Section 9231 is hereby amended as follows: 9231 PROFESSIONAL DISTRICT (Pr) a Permitted Uses In the Professional District (Pr), only the following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and /or as specified inef this Chapter. 1. Accessory buildings and uses (except that no building site may be used simultaneously for residential and professional purposes) 2. Advertising agencies 3. Automobile broker (office -use only) 4. Banks, financial institutions, and savings and loans (no drive -thru) 5. Collection agencies 6. Home occupations in accordance with this Chapter 7. Insurance agencies 8. Interior decorator or artist studios 9. Land and property management 10. Management, technical or professional consultants 11. Massage Establishments (Subject to Article 3 Chapter 6 Part 6 of the Tustin City Code) X12. Office uses - including professional and general (as defined in Section 9297) 12,13. Personnel agencies 1.3 -14. Pharmacies - dispensing and selling only drugs, medicines and health X415. Photographers Ordinance No. 1429 — Exhibit 1 Page 128 1516 Single- family dwellings and those accessory structures, buildings and uses normally incidental to the uses of a building or premises for single - family occupancy subject to the requirements of the R1 District 46 I Social work Stock brokers Title insurance companies 20. Travel agencies 21. Tutoring Facilities feet 2. Minimum building site: 7,200 square feet �. Min +mum-- front-yard- setback: -2-0 -feet /1. Minimum side yard setback: 5 feet 5 Mir+aum year yard setback: 1 sto - -bu _ - - ; _ _ ' e ins-40 feet 6. Minimum lot area per family unit: 7,200 square feet 7. Repealed- 8. Repealed. 0. Repealed. cb General Conditions and Regulations for Permitted Uses 1. General conditions and regulations of building and site use for all permitted uses except single - family dwellings and those accessory structures, buildings and uses normally incident to the uses of a building or premises for single - family occupancy, subject to the requirements of the R1 District: (a) Except for parking areas, which may [be} unenclosed, all uses shall be conducted wholly within an enclosed building. Ordinance No. 1429 - Exhibit 1 Page 129 (b) All storage shall be within an enclosed building, and shall be limited to the accessory storage of supplies utilized in the business conducted upon the premises. (o} Repeated. (d)(c) All portions of the building site, exclusive of structures, parking areas, driveways and walkways, shall be landscaped and maintained. {e)— Repealed (f)(d) No certificate of use and occupancy shall be granted until these requirements are met. 2. General-- conditionsand ted -uses - are as follows wi P- larmiag- -Gemmi ssion : ` -- rensio l4 ark+ng areas and abutting streets or highways. Arshit2stur plans -- and- spesifisations for any proposed building or alterations to existing buildings. 4irci+ted -to, nting, lawn areas, trees, shrubs, irrigation, and-walkways -- 03rd - o -2O8 -) Conditionally Permitted Uses The following uses (or any other uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) may be conditionally permitted in the Professional District (Pr) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 and /or as specified in this Chapter. Adult entertainment booking agencies (as defined in Section 3141 and subject to the provisions set forth in Chapter 9) 2. Bank_ - _ - - - vings-a144 4eans 3.2. Drive -thru facilities Ordinance No. 1429 — Exhibit 1 Page 130 Professional, instructional, motivational and /or seminar schools 13. Section 9232 is hereby amended as follows: 9232 RETAIL COMMERCIAL DISTRICT (C1) a Permitted Uses In the Retail Commercial District (C1), only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and /or as specifiedof in this Chapter. 1. General retail businesses, exemplified by the following list, when conducted within a building: (a) Alcoholic beverage sales (off -site) located within a building and permitted business with at least 15,000 square feet of gross floor area and where the alcoholic beverage sales area within the building occupies no more than 10 percent of the gross floor area (b) Antiques and curios (c) Appliance stores (including repairs) (d) Art galleries (e) Bakeries (f) Bicycle sales (including repairs) (g) Books and stationeries (h) Ceramics (not including molding, casting or manufacturing by any process) (i) Clothing (j) Confectioneries (k) Department stores (I) Drug stores (including sundries and notions) (m) Dry goods (n) Florist shops (o) Food markets (p) Furniture sales (new or used /consignment) Ordinance No. 1429 — Exhibit 1 Page 131 (q) Hardware stores (r) Household goods and furnishings (s) Jewelry stores (including repair and watch making) (t) Leather goods (u) Musical supplies and instruments (v) News stands (w) Office supplies and equipment (x) Paint and wallpaper supplies (y) Religious supplies (z) Secondhand sales without pawn (z)(aa) Shoe stores (aa-)(bb) Sporting goods (not including boat and motor sales) cc (-bb) Variety stores /gift shops 2. Service businesses, exemplified by the following list, including any retail sales incidental thereto, when conducted within a building: (a) Banks, financial institutions and savings and loans (including those providing drive -thru service) (b) Barber shops (c) Beauty parlors (d) Body art facilities (as defined in Section 3141, and subject to the requirements of Part 4 of Chapter 1 of Article 4) (e) Dance studios (€)(e) Dry- cleaning or laundry agencies (pick -up and delivery only) (f) Equipment rental business conducted within a building (light materials, i.e. party supplies, household appliances, small household tools, medical equipment, etc.) (g) Instructional Studios (h) Laundromats or other self - service laundering facilities Ordinance No. 1429 — Exhibit 1 Page 132 (i) Locksmiths (j-) (k)(i) Massage establishments (k) Pet Grooming Recycling fas+l+t+es-- or-reverse-aer machines -(as defined- +R- Seotisn- 9297 9271 bb) (I) Reprographics (m) Restaurants (not including drive - ins /drive -thru, take out or walk up) (n) Reverse vending machines (as defined by and subject to the provisions set forth in Section 9271 bb) (n)(o) Seamstress or millinery shops (o)(p) ,Shoe or luggage repair shops (-p -)(q) Smog check stations with service bays in conjunction with approved service station (q)(r) Tailor shops (F)(s) Travel agencies (s)(t) Tutoring facilities 3. Office uses - including professional and general (as defined in Section 9297 and subject to the provisions set forth in Section 9271ee) b Conditionally Permitted Uses The following uses (or any other uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) may be conditionally permitted in the Retail Commercial District (C1) 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-bookstore _ . e - - ' - - - - - ` h i n Chapter --9-) 2-1. Adult entertainment 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 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments Ordinance No. 1429 — Exhibit 1 Page 133 4.3. Animal hospitals or clinics (small animals) 5.4. Automotive supplies (installation of minor replacement parts and accessories within an enclosed building) 6.5 Bakeries (wholesale) 7..6. Bowling alleys 7. Bulk reverse vending machines subject to the provisions of Section 9271 bb 8. Car Wash 8. Churches and other - religious assemblies 9. Clubs and social halls 10. Convenience stores 11. Collection facilities (large) clef 11 Day care centers (subject to Section 9271aa2) 12. Donation centers ancillary to permitted and conditionally permitted commercial retail businesses 13. Drive -thru Facilities (Drive -in and Drive- thru)Food establishments with drive ins /drive thru, - take - out- -or-walk-up 14. Fortune - telling businesses (as defined in Section 3141) 15. Fraternal organizations and lodges 16. Gymnasiums and health clubs 17. Hotel and Motels 18. Deletes 19. Large Recycling Locations occupying a permanent building or store front as defined by and subject to the provisions set forth in Section 9271 bb 20. Mortuaries 21. Office uses (new) - Development or construction of new building structures where more than fifty (50) percent of the total floor area or any portion of the ground floor area is designated for use aesupa €y by professional or general offices (as defined in Section 9297) subject to office use criteria as set forth in Section 9271ee Ordinance No. 1429 - Exhibit 1 Page 134 22. Parking lots (commercial) 23. Pharmacies with drive thru 24. Places of worship 2/1. Recycling facilities or reverse vending machines (bulk) as defined in Section 92-9-7-and-subject to t 25. Rest homes, extended care facilities, convalescent hospitals, and sanitariums 26. Public schools & uses, private schools X27 Service stations (a) Maximum height: 35 feet (b) Minimum building site: 10,000 square feet (c) Minimum lot width at property line: 100 feet (d) Maximum lot coverage by building or structures: 50 percent (e) Minimum front yard setback: 15 feet unless otherwise indicated on Zoning Map (f) Minimum side yard setback: 8 feet 27.28. Specialty stores 28,29. Theaters c Development Standards None of the above listed uses or any other use determined to be permitted shall maintain any outside storage or work areas. 2. Developme#iteria (a )— Maxi,murn- height: 35 feet (b) Minim +rn b uare feet yard setback: None, 10 feet when property-abuts-on-lot-in District (e) Minimum rear yard setback: None, 5 feet when property abuts on lot in "R" District Ordinance No. 1429 – Exhibit 1 Page 135 {€} –Repealed- (q) Repealed d Use Criteria —Office Development Office developments within the Retail Commercial District (C1) shall be constructed to conform with the parking standards for retail commercial uses on the first floor area of the building unless otherwise specifically exempted pursuant to the approved conditional use permit. Findings, including but not limited to the following, shall be made by the Planning Commission prior to approving a conditi^ at 61C° nor — itConditional Use Permit for construction of a building where greater than fifty (50) percent of the total floor area, or any portion of the ground floor area is designated for oGerupaney–lay office use-. (a) Development or construction of professional or general office buildings would be more compatible with the surrounding uses in the area than permitted retail commercial uses on the subject property. 3. Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total floor area is exempt from office development use criteria. 14. Section 9233 is hereby amended as follows: 9233 RETAIL COMMERCIAL DISTRICT (C2) a Permitted Uses In the Central Commercial District (C2), only the following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and /or as specified inof this Chapter. 1. All uses listed as permitted in the C1 District, subject to the use and development criteria specified in Section 9232 (except uses listed as permitted below) 2. Office uses - including professional and general not fronting onto Main Street or El Camino Real or located outside the Old Town Commercial General Plan land use designation (subject to the provisions set forth in Section 9271ee) 3. Retail uses exemplified by the following: (a) Clothing apparel receiving and distributing (b) Electronics stores Ordinance No. 1429 — Exhibit 1 Page 136 (c) Furniture consignment sales (d) Nurseries 4. Service uses, exemplified by the following list, including any retail sales incidental thereto: (a) Bowling alleys (b) Coin operated machinery - repairs, sales and services (c) Dental /medical Lab etc) Electronics research laboratories and prototype assembly (-d-) Mortuaries b-- -Deent Standards 1. Maximum height: 50 feet g -site: 200 [square -feet. 3. Maximum lot coverage: 100 percent, less park requirements, subject to - Generat- Rrovisier►s- 4. Minmum front- -yard District; unless etherw+ 5. MialMUm side yard setback: None- -0-fee District. 6. Repealed. 7 -- Repealed: sb Conditionally Permitted Uses n- frontage -abuts a lot in an "R" The following uses (or any other uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) may be conditionally permitted in the Central Commercial District (C2) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 and /or as specified in this Chapter. 1. All conditionally permitted uses in the C1 District, subject to the development and use criteria specified thereto (uses listed in Section 9233a are permitted). Amusement resorts, arcades, and private recreational facilities which include video and vending machines or other such contrivances in excess of five (5) which are identical to the principal business Ordinance No. 1429 — Exhibit 1 Page 137 3. Automotive repair shops 4. Automotive /vehicle sales lots (used /pre- owned) 5. Billiard parlors and pool halls 6. Cleaning and dyeing establishments 7. Equipment rentals of heavy machinery (trailers, tractors, skip loaders) 8. Garages (public) 9. Karaoke music studio t 10. Office uses - Professional and general offices (as defined in Section 9297) fronting onto Main Street or El Camino Real or located within the Old Town Commercial General Plan land use designation (subject to the provisions set forth in Section 9271 ee) 11. Outdoor markets and outdoor sales establishments 12. Party facilities including birthday party businesses 13. Pet shops 14. Secondhand sales with pawn /collections 15. Section 9234 is hereby amended as follows: 9234 HEAVY COMMERCIAL DISTRICT (C3) a Permitted Uses In the Heavy Commercial District (C3) District, only the following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) will be allowed subject to the development standards identified in fable 1 of Section 9230 and /or as specified in of this Chapter. 1. All uses listed as permitted in the Cl and C2 Districts, subject to the use and development criteria specified thereto (except uses listed as permitted below) 2. Electronic plants 3. Research plants 4. Secondhand sales 5. Wholesale stores and storage Ordinance No. 1429 – Exhibit 1 Page 138 b— Development Standards for Permitted Uses •• - eet 2. Mi c: 2,000 square feet 3.. M • - -- !! .- . • requirerner4s --but- subject to- Genera l - Provisions -of this apter 4. Minimum front yard setback: None, 10 feet when frontage abuts lot in "R" District;- ur}less-otherwise 7. Repealed: 8. Repealed. cb Conditionally Permitted Uses eet- e abutting on an- -alley The following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) may be permitted in the Heavy Commercial District (C3) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 and /or as specified in this Chapter.. 4- All uses listed as conditionally permitted in the C1 and C2 Districts subject to the use and development criteria specified thereto (except schools, places -of worshipehurche° 9234a are permitted. 2. Light manufacturing of clothing, novelties, and toys development Standards for- +tioeally -- Permitted Uses 1. Maximum height: 50 feet • - -- - - '!' _ - efeet 3. Maximum - +et- coverage: 100 percent District, -unless-otherwise-shown on Zoning Map 5. Minimum –side yard setback: None, 10 feet when side abuts a lot in an "R" District, unless - otherwise shown on Zoning Map r --yard-- setback: As specified in use permit Ordinance No. 1429 — Exhibit 1 Page 139 7. Repealed. 8. Repealed- 16. Section 9235 is hereby amended as follows: 9235 COMMERCIAL GENERAL DISTRICT (CG) a Purpose To provide for and encourage the orderly development of commercial areas throughout the City in accordance with the Land Use Element of the General Plan, which will serve the demand for a wide variety of goods and services. b Permitted Uses In the Commercial General District (CG), the following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and /or as specified inof this Chapter. All uses listed as permitted in the 1-! C2 Districts subject to the use and development criteria specified thereto (except uses listed as permitted below) 2. Service uses exemplified by the following list: (b) Interior-deserator (c) (d Job p c Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Commercial General (CG) District subject to the issuance of a Conditional Use Permit 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 Cl and C2 Districts subject to the use and development criteria specified thereto (except uses listed in Section 9235b are permitted) 2. Any develerrt use - permitted under Section 9235b in excess of five (5) acres in total parcel space Ordinance No. 1429 — Exhibit 1 Page 140 3. Building supply 4. Business school 5. Manufacturing, fabrication, distribution facilities occupying less than 50 percent of floor area and less than 50 percent of operations d Restricted Uses 1. No warehousing or storage other than accessory storage of commodities sold at retail on the premises shall be permitted except as otherwise provided by this Section. 2. No manufacturing, processing or treatment of products other than that which is clearly indicated to the retail business conducted on the premises shall be permitted. 3. Not more than five (5) persons shall be engaged on the premises in the incidental manufacturing, processing or treatment of products as permitted herein. 4. None of the above listed uses or any other use determined to be permitted shall maintain any outside storage or work areas. 5. No residential use shall be permitted in any structure used for commercial purposes, except for caretaker facilities incidental to the permitted use. c Limitations and Exceptions .4--- Lase.of-pr -per ies zoned othe WneT property etassif frontage, - . .- - - - - Go rnmersiaf- purposes eetef ge indicated --as -- business • - - - - - - - - • • cial -- purposes adjoining property-abuts up use-o I+ parttension -af- the- partisufa-r • - se-of-subject property shall require approval of a conditional use permit. Ex Ordinance No. 1429 — Exhibit 1 Page 141 beigk►t -lirr► te- approval use permit. 3. Exception to setback requirements se st Exception by the city council. Development Standards 1. Maximum structural height The maximum height of any building or structure shall not exceed three stories nor thirty -five (35) feet; provided, however, that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts or similar structures may exceed such height limit; provided no space above such height limit shall be allowed for the purpose of providing additional floor space. 2. Structural setbacks (a) Front yard A minimum of ten (10) feet front structural setback shall be required from the ultimate street right -of -way line. (b) Side yard A minimum of ten (10) feet side yard structural setback shall be required from the ultimate street right -of -way line or adjoining residential lot. Otherwise, no side yard setback shall be required. (c) Rear yard Where any commercially zoned property rears upon the rear or side yard of property classified for single - family residential purposes, there shall be a rear yard of not less than fifteen (15) feet. Where the commercial property rears upon an alley or private drive easement, there shall be a rear yard setback of not less than five (5) feet. Otherwise, no rear yard need be provided. Ordinance No. 1429 – Exhibit 1 Page 142 3. Repealed 4.3. Lot coverage Commercial sites may have 100 percent lot coverage less that required for landscaping and parking requirements. Lot size (building site) A building site shall occupy not less than a 3,000 square foot parcel. Refuse storage requirements Refuse storage areas shall conform to the standards and criteria contained in the Guidelines for Planning, Zoning and Development, as adopted by the City Council. 7 -6. Street dedication Highway dedication and improvements shall be as required by Section 9271x. 7. Suffix (supplemental provisions) Properties designated "CG -PUD" on the Zoning Map shall require the submission and approval of design plans for a Conditional +Use pPermit pursuant to the requirements for Planned Unit Developments. 9—Repealed 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 subject property shall require approval of a conditional use permit. 2. Exception to height limitations Ordinance No. 1429 – Exhibit 1 Page 143 Height limitations of this Section may be exceeded for those structures removed more than two hundred (200) feet from any single - family residential zone, subject to approval of a conditional use permit. 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 cCity GCouncil. g Use Criteria —Office Development 1. Office developments within the Commercial General District (CG) shall conform to retail commercial use parking standards for the first floor area unless otherwise specifically exempted pursuant to the approved conditional use permit. Findings, including but not limited to the following, shall be made by the Planning Commission prior to approving a _ :onditional ..._:se ' :ermit for construction of a building where greater than fifty (50) percent of the total floor area, or any portion of the ground floor area is designated for -oGG panoy - -by office use;:. (a) Development or construction of professional or general office buildings would be more compatible with the surrounding uses in the area than permitted retail commercial uses on the subject property. 3. Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total building floor area are exempt from office development use criteria. industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site Ordinance No. 1429 - Exhibit 1 Page 144 17. Section 9240 is hereby added as follows: 9240 INDUSTRIAL AND OTHER ZONING DISTRICT SITE DEVELOPMENT STANDARDS Site Development Standards for Industrial and other uses by Zoning District. Site development standards for development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter. (1) If it fronts onto secondary or primary highway then refer to section 9271 u (2) Less parking and landscaping requirements Industrial and Other Development Standards City of Tustin Zoning Minimum Minimum Lot Coverage Building Front Yardtl> Interior Corner Side Rear Yardt'> Lot Area lot width Height Side Yardt1> Yard PM Planned Industrial 20, 000 sq ft 100 ft et 100 Percent 2) 50 feet 2.5.1s. et 3 eet 3 eet 10 feet District (Sec. 9241) M Industrial District N/A N/A 100 Percent(2) 50 feet None None None None (Sec. 9242) LI Unclassified District As established by Conditional Use Permit ( Sec. 9243) PC Planned Community As determined with adoption of PC District District (Sec. 9244) P &I Public and As established by Conditional Use Permit Institutional District (Sec. 9244) SP -1 MCAS Tustin As set forth in MCAS Tustin Specific Plan Specific Plan (Sec. 9246) (1) If it fronts onto secondary or primary highway then refer to section 9271 u (2) Less parking and landscaping requirements Ordinance No. 1429 - Exhibit 1 Page 145 18. Section 9241 is hereby amended as follows: 9241 PLANNED INDUSTRIAL DISTRICT (PM) a Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission are similar) will be allowed in the Planned Industrial District (PM) subject to the development standards identified in Table 1 of Section 9240 and /or as specified in -of this Chapter: 1. Any use permitted in the Industrial District (M) which- may --+ fie-- objectionable by- r anon $#poise, smoke, odor, dust, noxious gases, glare, heat, fire hazards or industrial wastes mating —fr Community Develo_ . • • • - - : _ • . 'tanningGor- m ssion 2.1_ Alcoholic beverage sales (off-site) located within a building and permitted business with at least 15,000 square feet of gross floor area and where the alcoholic beverage sales area within the building occupies no more than 10 percent of the gross floor area 3-2. 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 electromechanical products 8-9. Finished paper products 9-10. Food (and kindred products) manufacturing or storage 1 -0-11. Laboratories for research and development 14-12. Leather products 1 -2, -13 Light industrial, research and development, and manufacturing uses which do not maintain greater than fifty (50) percent of their gross floor area for office purposes 1 -3-14. Office uses - including administrative and professional offices (as defined in Section 9297) that are accessory to permitted uses (subject to the provisions set forth in Section 9271ee) Ordinance No. 1429 – Exhibit 1 Page 146 1-4.1 _ _ Outside storage (in conjunction with permitted use) enclosed in minimum of six -foot high solid fence 1-5-16. Parking lots 46-17. Pharmaceutical products 47,18. Photography and printing plants 48,19. Precision machine shop 1 -9-20. Prototype weapons and fabrication of components 20 :21. Public utility uses (except the storage of flammable fuel products) 21.22. Scientific instrument manufacturing 22.23. Textile and furniture manufacturing b Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) may be permitted in the Planned Industrial District (PM) subject to the issuance of a Conditional Use Permit and subiect to the 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 Beverage Sales Establishments 2. Offices (greater than 50 percent of gross floor area) e - -Deve (a) Maximuffi--ileighi: 50- feet (b) Minimum building site: 20,000 square feet (c) Minicau- - 4et-width at property - line -409 -feet (d) Max+ la nd-soa -pi g •e -- 4ess r equiced—paFk444g—a. 4142I (e) Min+rnum front yard setback: 25 feet unless oth Map (f) Min mum si e -yard setback: 3 feet -- unless - -ot on- Zeeing Mae Ordinance No. 1429 — Exhibit 1 Page I 47 (g) Minimum rear yard setback: 10 feet -- +moles€ otherwise indicated „n inning Map (h) Repealed. (i) Repealed. (j) Repealed. 19. Section 9242 is hereby amended as follows: 9242 INDUSTRIAL DISTRICT (M) a Permitted Uses In the Industrial District (M), the following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9240 and /or as specified inof this Chapter. 1. All uses permitted in the PM 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 Uses The following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) may be permitted in the Industrial District (M) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 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. 12. All permitted uses that utilize greater than fifty (50) percent of their gross floor area for office use (including administrative and professional offices as defined in Section 9297 and subject to the provisions set forth in Section 9271ee) 2. Alcoholic beverage sales establishments subj Secti Beverage - Sales- Establishments 3. Building material yards 4. Caretaker's residential unit when in conjunction with permitted use 5. Convenience stores Ordinance No. 1429 — Exhibit 1 Page 148 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, subject to adopted guidelines 8-10. Restaurants 9:11. Retail commercial uses 4 -0-12. Schools for professional, instructional, motivational, vocational and /or seminar uses 1- 4--13. Specialty stores 1-2. Wireless-facilities (subject-to Section-92-76) c Development Standards (a)- Ma-x+mum -heigh 50-feet () Maximum- lot -- coverage: ! ! . - - - - - - _ . - - - - - g (c) Repealed. (d) Repealed- 20. Section 9243 is hereby amended as follows: In the Unclassified District (U) all uses are permitted unless otherwise prohibited by law, provided that a use pernitConditional Use Permit shall first be secured for any use to be established in any "U" District, with development criteria as specified in the use- per+m+tConditional Use Permit. 21. Section 9244d is hereby amended as follows. d Permitted Uses In the Planned Community District (PC), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9240 and /or as specified inof 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 No. 1429 – Exhibit 1 Page 149 the General Plan of the City, the General Plan may be amended, pursuant to the General Plan Amendment process to conform to the development plan. Said amendment may be processed simultaneous with the amending of the zoning ordinance classifying the area PC. 2. The continued use of land within a PC District for agricultural 3. Grading shall be permitted within a PC District outside of an area of immediate development subject to securing a grading permit. 4. Any area designated for residential use may be developed at a lower residential density than is indicated on the approved development plan without requiring an amendment of the development plan. Large family day care homes (subject to the provisions set forth in Section 9271 aa). Reverse vending machines (as- de#+ned4n Section- 9297-sSubject 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 follows. (c) The Planning Commission has granted a_ use permitConditional Use Permit for any specific development. 23. Section 9244e6 is hereby amended as follows: 6. Application for a use—permitConditional Use Permit for development as stipulated above shall include the following as applicable: (a) Topographic map of the property showing the proposed method of adapting the development to the site. (b) Legal description or boundary survey of the property; (C) Location, grades, widths and types of improvements proposed for all utilities, streets, walkways, driveways and service areas; (d) Location, height, number of stories and number of residential units, if any, for each proposed structure; (e) Location and design of automobile parking areas; (f) Preliminary landscaping plan; Ordinance No. 1429 — Exhibit 1 Page 150 (g) Location of public or quasi - public buildings or areas, including but not limited to, schools, recreation facilities, parking areas, and service areas, if any; (h) Elevations of structures showing architectural type; (I) Irrevocable offers to dedicate those areas shown on the plan as public property; (j) Method by which the property could be divided for the sale or lease of individual parcels; (k) Method by which open space areas are to be perpetually maintained. 24. Sections 9244f is hereby amended as follows: f Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) may be permitted in the Industrial District (PC) subject to the issuance of a Conditional Use Permit 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 9245b1 is hereby amended as follows: 1. Places of WorshipChurches, subject to adopted guidelines 26. Section 9245c is hereby amended as follows: c Development Standards The development standards and requirements for development and changes in use shall be those contained in the general section of this Chapter and as specified and approved by the Planning Commission as conditions of theme- per-mmConditional Use Permit. 27. Section 9252g3 is hereby amended as follows: 3. The Community Development Director shall have the authority to approve, approve with conditions, or deny Certificates of Appropriateness for improvements requiring a City building permit. In reviewing applications for a Certificate of Appropriateness, the Community Development Director may consult with and receive the advice and recommendation of the Planning Commission, in their capacity as the Historic Resource Committee, prior to rendering a decision. Ordinance No. 1429 — Exhibit 1 Page 151 28. Section 9252i3 is hereby amended as follows: In addition to the above requirement, no demolition permit or relocation permit shall be issued for the demolition or relocation of a Designated Cultural Resource or structure within a Cultural Resource District built prior to 1940 until a Certificate of Appropriateness and City building permit has been issued for a replacement structure or as otherwise approved by the Director of Community Development. 29. Section 9252j3(c) is hereby amended as follows: (a) Authorized and encouraged uses: The following uses are authorized and encouraged with the interest of creating a commercial village atmosphere: Pipe and tobacco shops Lamp shops Wine tasting rooms/Micro- winery (not Yardage goods subject to distance requirements in section 9271dd) Leather goods Knit shops Candle shops Ice cream shops Boutique Jewelry shops Coffee shops Wrought iron ware Ethnic restaurants Art galleries (Spanish, Mexican, French, German) General offices (if located on any floor above and if less than 50 percent of total area are occupied by general offices, consistent with Section 9233a(1)(g) Hobby shops Delicatessens Photographer's studios Antique shops China and crystal Gift shops The above list of potential uses is not all encompassing but typifies the character of uses that illustrate the desired image. 30. Section 9270 is hereby amended as follows: 9270 REGULATIONS All regulations in this Chapter pertaining to the districts established in Sections 9213a and b hereof are subject to the general provisions, conditions and exceptions contained in this Part. Ordinance No. 1429 — Exhibit 1 Page 152 a Interpretation If any ambiguity arises concerning the appropriate classification of a partisutar -use within the meaning is C ies as set forth herein, the its-findings—and—interpretations and thereafter—Gush—interpretation shall govern; - - -e—a ctifferenr� nt-irnee pr-etation. Uses Permitted Subject to Use PermitConditional 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 pernnitConditional Use Permit in accordance with the provisions of Section 9291. In addition to the criteria for determining whether or not a u-se- per►- itConditional Use Permit should be issued as set forth in Section 9293b hereof, the Zoning Administrator or Planning Commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding areas. (1) Damage or nuisance from noise, smoke, odor, dust or vibration; (2) Hazard from explosion, contamination or fire; (3) Hazard occasioned by unusual volume or character or traffic or the congregating of a large number of people or vehicles. The uses referred to herein are as follows: (a) Airports and landing fields. (b) Establishments or enterprise involving large assemblages of people or automobiles as follows: (1) Amusement parks and race tracks; (2) Recreational facilities, privately operated. (c) The mining of natural mineral resources, together with the necessary buildings and appurtenances incident thereto. (d) Removal or deposit of earth other than in connection with excavations or deposits in connection with construction of buildings, roadways, or public or home improvements. (e) Presentation of live entertainment, except pursuant to the live entertainment permitted -per Article 3 of the Tustin City Code. Ordinance No. 1429 - Exhibit 1 Page 153 (f) (g) Dish antennae located in residential zones exceeding three (3) feet in diameter and located other than in rear yard areas obscured from public right -of -way view. Dish antennae located in all zones other than residential, exceeding three (3) feet in diameter and not fully screened or otherwise obscured from public right -of -way view. r: Approval of Temporary Uses Temporary uses are typically associated with special events or community events which are in place for a short period of time. Temporary Use Permits may be issued no more than four (4) times per calendar year for each business, except if approval is given by the Community Development Director for additional Temporary Use Permits. Permits are required prior to a temporary outdoor use occurring in any zone (excluding residential uses) _ • - - - - - loding-the Professional District (Pr)) 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 than three (3) days but Ices than thirty (30) days requires approval of a Temporary -Use -P •- - - _ •- •• - s - elopment Director and may be issued a •• - - - - - - - - . 2. Requests for more than thirty (30) days and up to one (1) year six (6) months require Community Development Director approval. approval of a-Conditional ) by the Zoning Administrator. 3. Requests for more than one (1) year six (6) - months require approval of a Conditional Use Permit (CUP) by the Planning Commission. Any temporary outdoor use involving five hundred (500) or more persons gathering together at any given time may be subject to a Large Outdoor Gathering Permit pursuant to Tustin City Code Sections 3241 through 3244 Prohibited Uses Any use that is not expressly permitted in a district as a permitted use or as a conditionally permitted use, including a use in a district determined to be similar in character to a particular use allowed in such district as provided in this Code, shall be deemed a prohibited use and such use shall not be allowed in such district. 31. Section 9271a is hereby repealed as- fellows- 32. Section 9271 b is hereby amended as follows: b Public Utilities 1. General Utilities Ordinance No. 1429 — Exhibit 1 Page 154 (a) Public utilities y di undergr d facil+ties 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- permi.Conditional Use Permit thereof and the provisions of this Chapter shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines and electric transmission or telephone communication lines when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State of California and within rights -of -way, easements, franchise, or ownership of such public utilities. 2. 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. (c) The developer or owner is responsible for complying with the requirements of this Section, and shall provide all necessary facilities on their premises so as to receive such services from the supplying_utility or utilities subject 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 undergroundinq 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. 1429 — Exhibit 1 Page 155 (e) If the Planning Commission's action is to delay the installation of required undergroundinq 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 9271d is hereby amended as follows: d Height Limits of Towers Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and other towers, water tanks, chu h— steeples and similar structures and mechanical appurtenances are permitted in a district, height limits may be exceeded upon the securing of a :;c;i:, -1 Use Permit in each case. 34. Section 9271e is hereby amended as follows: e Public and Semi - Public Building Height Limit In any district with a height limit of less than seventy -five (75) feet, public and semi - public buildings, schools, Places of Worshipch rches, hospitals and other institutions permitted in such district may be erected to a height exceeding that herein specified for such district, provided that the cubical contents of the building shall not exceed an area equal to the area of the site upon which it is constructed multiplied by the factor three (3), and provided that the front, rear and side yards shall be increased one (1) foot for each one (1) foot by which such building exceeds the height limit hereinbefore established for such district. 35. Section 9271f is hereby amended as follows: f Height Limit in "C" or "M" Zone Upon securing a Conditional Use Permit any building in any "C" or "M" District may be erected to a height exceeding that herein specified for such district, provided that the cubical contents of the building shall not exceed an area equal to the area of the site upon which it is to be constructed multiplied by the factor five (5). 36. Section 9271 i is hereby amended as follows: i Fences. Hedges and Walls (1) Fences, :o'iw hedges and walls may be erected in any district, subject to the following conditions: (a) Fences, solid hedges and walls shall not exceed six feet eight inches (6'8 ") in height on or within all rear and side property lines on interior lot lines, and on or to the rear of all front yard setback lines. Ordinance No. 1429 — Exhibit 1 Page 156 (b) No fence, : ; ::jP d hedge or wall over three (3) feet in height shall be erected in the required front yard setback. (c) Any fences, solid hedges or walls located in any required rear or side yard abutting the intersection of a street, alley or driveway shall be subject to the Intersection Site Distance requirements as determined by the Public Works Department site distance standards. No fence, hedge or wail -over three -(6)-feet in-height-ahatlll- be- constructed -in (1) any required rear or side yard within twenty (20) feet of the intersection-of street or alley rights of way, ing the front yard of an adjoining lot, or (3) within ten (10-)- feet € -a- driveway- in--a- required side -or rear -yard unless approved, in writing, by the RIan -ing- Community Development Department. (d) Fences, solid hedges, walls or structures exceeding, up to twenty (20) percent, six feet eight inches (6'8 ") in height to enclose areas on the rear half of a lot may be erected subject to a minor adjustment (refer to Section 9299 b ( 1) )-obtaining-a-Use Rer -rnit- therefor. (e) The provisions of this Section shall not apply to a fence or wall required by any law or regulation of the State of California or any agency thereof or by any other ordinance of the City of Tustin, for reasons of public safety. (f) Repealed (2) Walls shall be constructed and maintained on zone boundary lines as follows: (a) Where any "C ", "M ", or "Pr" zone abuts upon any residential zone, there shall be constructed a solid masonry wall, six feet eight inches (6'8 ") in height on the zone boundary line. (b) Where any "R -3 ", "R -4 ", or "PD" zone abuts upon any R -1 zone, there shall be constructed a solid masonry wall six feet eight inches (6'8 ") in height on the zone boundary line. (c) Where any "M" zone abuts upon any "C" or "Pr" zone, there shall be constructed a solid masonry wall six feet eight inches (6'8 ") in height on the zone boundary line. (d) The aforesaid walls shall be six feet eight inches (6'8 ") in height except that portion of equal depth of the front yard on the abutting "R" classified property which shall be three (3) feet in height unless a greater height is approved in writing by the Planning Department. (e) Provided, however, the Community Development Director may waive or modify any wall requirements as specified in this Section where there is a Ordinance No. 1429 — Exhibit 1 Page 157 (3) solid masonry wall existing immediately adjacent on the contiguous property, upon finding and requiring that: i) An existing wall meets or can be modified to conform to the intent of this Section; and ii) Suitable landscaping can be installed adjacent to the existing wall to supplement and enhance the environmental buffering; and iii) Protection can be afforded the existing wall to prevent vehicle damage, if necessary; and iv) Concurrence of the adjacent property owner can be obtained, when necessary, to modify an existing wall to meet the requirements of this Section. Rrovide4-hHowever, that upon application and proceedings pursuant to Section 9291, Conditional Use Permit, the Planning Commission may waive or modify the requirements set forth herein. (4) The fences, solid hedges and walls provided herein shall be measured and constructed pursuant to development standards of the Building Department. 37. Section 9271n is hereby amended as follows: n Accessory Structures 1. Accessory structures attached to a main building shall be made structurally a part thereof, have a common roof with said main building and shall comply in all respects with the requirements of this Chapter applicable to the main building. the same parcel by a mini of-ten-40)-feet- Detached accessory structures, such as garages, carports, laundry and recreation buildings, may be constructed on the front one -half (1/2) of the lot, provided, however, that in any R -3 or R -4 District no garage, carport, or laundry building openings shall face an abutting street. 4.3. The architectural style of all sides of accessory buildings shall be compatible with the architectural style of the main buildings. 5-4. Detached accessory structures may have a zero -foot side and rear yard property line setback if abutting an adjoining structure on a separate lot with a zero -foot setback or if the abutting lot is unimproved. If an adjoining structure on a separate lot is constructed other than with a zero -foot property line setback, a minimum of three (3) feet shall be maintained between the structures. Ordinance No. 1429 — Exhibit 1 Page 158 6 — Repealed. 7 5. All accessory structures shall be located a minimum of twenty (20) feet from street rights -of -way; provided, however, that accessory structures abutting a State Highway, where no access is permitted, may have a zero -foot setback. 8 6. Detached accessory structures constructed within five (5) feet of any side or rear property line in an "R" District shall be enclosed by a solid wall on such side or sides; provided, however, that garages or carports facing an alley or an access easement, the right of use of which is dedicated to the subject property, need not be enclosed on such side or sides constructed within five (5) feet of a side or rear property line if the minimum backing space is twenty -five (25) feet from the carports or garages to the far side of the alley or access easement. 38. Section 9271s and 9271t are hereby repealed in their entirety. 39. Section 9271 u is hereby amended as follows: u Building Lines Building lines are as stated in this Section unless otherwise shown on Zone Map. No building shall be closer to a property line or to the center line of any street or highway than the building line applicable thereto Ordinance No. 1429 - Exhibit 1 Page 159 Front side or rear yard abutting or street, measured from center line: Building Line for SECONDARY Highway (80' R/W) Building Line for PRIMARY Highway (100' RAN) DISTRICT Front Side Rear Front Side Rear RA 60' 50' 65' 70' 60' 75' E4 60' 50' 65' 70' 60' 75' R1 60' 50' 65' 70' 60' 75' R2 60' 50' 65' 70' 60' 75' R3 60' 50' 65' 70' 60' 75' C1 55' 55' 55' 65' 65' 65' C2 55' 55' 55' 65' 65' 65' C3 55' 55' 55' 65' 65' 65' CG 55' 55' 55' 65' 65' 65' M4 55' 55' 55' 65' 65' 65' PM 65' 65' 65' 75' 75' 75' Ordinance No. 1429 - Exhibit 1 Page 160 Irvine Blvd. Front setback —Ten (10) feet from right -of -way line. First Street. Front setback Ten-(40)- Avenue to Westerly City Limits. 40. Section 9271w is hereby repealed. 41. Section 9271 y(2) is hereby amended as follows: (2) Location: From Prospect (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- perriitConditional Use Permit. If a useable signal cannot be obtained from a rear yard location, the dish antenna may be located in the side yard of the property or on a building roof subject to issuance of a Conditional uUse pPermit. (b) Nonresidential zones: A dish antenna located at ground level or on a building roof completely obscured from public right -of -way view is exempt from the requirement of a use perrnitConditional Use Permit. Those antennas which cannot be obscured as determined by City staff are subject to issuance of a Conditional uUse pPermit. 42. Section 9271 bb is hereby amended as follows: bb Recycling Centers Vend- -Machines 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 No. 1429 - Exhibit 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. (a)(c) Large Recycling Locations - Recycling locations occupying a permanent building or store front. Recycling locations defined in this section shall be subject to the following provisions: (1) Recycling - fac+tities - -e - rReverse vending machines: are subject-to-the-fell-owing provisions: (a) Established in conjunction with a supermarket or convenience zone (as defined in Section 9297) in compliance with the zoning, building and fire codes of the City of Tustin (b) Located within 30 feet of the entrance to the supermarket and shall not obstruct pedestrian or vehicular circulation (c) Does not occupy parking spaces required by the primary use (d) Occupies no more than 50 square feet of floor space per installation, including any protective enclosure (e) Maximum height: 8 feet (f) (g) Constructed and maintained with durable waterproof 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 maximum of 4 square feet per machine, exclusive of operating instructions (I) Maintained in a clean, litter -free condition on a daily basis (j) Operating hours shall be at least the operating hours of the supermarket (host use), but may be 24 hours (k) Illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn Ordinance No. 1429 — Exhibit 1 Page 162 (I) Outdoor storage of any kind is prohibited (2) Bulk Reverse Vending Machines (Bulk)_ are - subject to -the following- provisions (a) Established in conjunction with an —existing supermarket or convenience zones (as defined in Section 9297) which is in compliance with the zoning, building and fire codes of the City of Tustin (b) No larger than 500 square feet and not occupying any parking spaces required by the primary use (c) Maximum height: 10 feet (d) Shall not obstruct pedestrian or vehicular circulation, and shall be located within 100 feet of the host use (e) Minimum setbacks: 10 feet from any property line (f) Accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Orange County Fire Authority and Health Department (g) No power- driven processing equipment except for reverse vending machines shall be used (h) Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule (i) All recyclable material shall be stored internally (j) Maintained free of litter, pests, vermin and any other undesirable materials at all times (k) Not exceed exterior noise levels of 60 dBA (I) Containers for donation of materials shall be at least 75 feet from any property zoned or occupied for residential use and shall not operate between the hours of 12:00 a.m. and 6:00 a.m. (m) Containers shall be clearly marked to identify the type of material which may be deposited, the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers (n) Bulk vending machines may have informational signs required by State law pursuant to Section 9272: other signs including directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director pursuant to Design Review Section Ordinance No. 1429 — Exhibit 1 Page 163 9272 if necessary to facilitate traffic circulation, or if the facility is not visible from the public right -of -way (o) Placement of the facility shall not require removal of existing landscaping (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 (a)(i) Power - driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities shall be prohibited (M)(i) Twenty- four -hour operation is prohibited 43. Section 9271 cc is hereby repealed in its entirety. 44. Section 9271 dd is hereby amended as follows: dd Alcoholic beverage sales establishments Ordinance No. 1429 — Exhibit 1 Page 164 Subject to the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments and the following criteria: (1) Off -site - located in a building and permitted business with less than 15,000 square feet of gross floor area, and permitted businesses with more than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance regulations: (a) 300 feet from any residentially zoned or used property; and 500 feet from any other existing off -site sales establishment; and 600 feet from any place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home; and 600 feet from any existing on -site sales establishments, except restaurant establishments (b) Minimum distances between off -site sales establishments and residentially zoned or used property, sh �-shes, places of worship, public or private schools, parks, playgrounds, clinics. hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public /customer access of the off -site sales establishment to the property line of any of the above uses (whether inside or outside the City boundaries) (C) Minimum distances between off -site sales establishment and another off - site or on -site sales establishment, except for restaurant establishments, (whether inside or outside the City boundaries) shall be computed by measuring the distance between the closest exterior structural walls of each use (d) Specialty stores as defined in Section 9297 of the Tustin City Code shall be exempt from minimum distance regulations (2) On -site - subject to the following minimum distance regulations (except for restaurant establishments): (a) 1,000 feet from any residentially zoned or used property; and 1,000 feet from any other existing on -site sales establishments, except for restaurant establishments or off -site sales establishments; and 1,000 feet from any place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home (b) Minimum distances between on -site sales establishments, except for restaurant establishments, and residentially zoned or used property, shurche-s -, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the on -site establishment to the property line of any of the above uses (whether inside or outside the City boundaries) (c) Minimum distances between on -site sales establishments and another off -site or on -site sales establishment, except for restaurant Ordinance No. 1429 — Exhibit 1 Page 165 establishments, (whether inside or outside the City boundaries) shall be computed by measuring the distance between the closest exterior structural walls of each use 45. Section 9271 ee is hereby amended as follows: ee Office Uses (1) Office developments within the Retail Commercial District (C -1), Central Commercial District (C -2), and Commercial General District (CG) shall be constructed to conform to the following criteria: (a) Parking standards for retail commercial uses on the first floor area of the building shall be subject to Part 6 Off - Street Parking requirements of the Zoning Code unless otherwise specifically exempted pursuant to an approved Conditional Use Permit. (b) Findings, including, but not limited to the following, shall be made by the Planning Commission prior to approving a Conditional Use Permit for construction of a building where greater than fifty (50) percent of the total floor area or any portion of the ground floor area is designated for occupancy by professional or general offices: Development or construction of professional or general office buildings would be more compatible with surrounding uses in the area than permitted retail commercial uses on the subject property. (c) Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total floor area is exempt from office development use criteria. (2) Professional and general offices fronting onto Main Street or El Camino Real ander located within the Old Town Commercial General Plan land use designation are also subject to the approval of a Conditional Use Permit (pursuant to Section 9299b(3)(k)) and the following criteria for office development. (a) Professional and general offices proposed at the ground floor level or that are greater than fifty (50) percent of the total building floor area shall not be approved unless the approving authority finds, based on supporting documentation and evidence, that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. (b) Approval of professional and general office uses shall meet one (1) or more of the following criterion: Ordinance No. 1429 — Exhibit 1 Page 166 The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office use pursuant to an approved building permit. ii. The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. iii. The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. iv. The proposed use is to be located in a multi- tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. v. The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. 46. Section 9271ff is hereby added as follows: ff 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 Of a _ _ - e e •• . - -e _ _ _ • _ - . , except for off street parking, loading, approved temporary uses, or any outdoor dining space specifically permitted in conjunction with eating establishment and approved design review and /or Conditional Use Permit, variance or as otherwise exempted within this Chapter. 47. Section 9271gg is hereby added as follows: gq Home Occupation All home occupations operating within the City of Tustin are subject to the following provisions: i. No persons employed who are not residents on the premises ii. No exterior display iii. No stock -in -trade or commodity sold upon the premises iv. No mechanical or electrical equipment used except such as is customary for housekeeping purposes v. No outside operations or storage Ordinance No. 1429 — Exhibit 1 Page 167 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 48. Section 9271 hh is hereby added as follows: 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(1) is hereby amended as follows: a Review Required (1) The City Council finds that poor quality in the exterior design, development and maintenance of structures, landscaping and general appearance affects the desirability of the neighborhood and the community as a whole, and impairs the Ordinance No. 1429 — Exhibit 1 Page 168 benefits of both potential and existing_ occu yuses of other properties to the detriment of the public health, safety, comfort and general welfare. 51. Section 9272c is hereby amended as follows: c Conditions of Approval The Community Development Director shall approve the submitted plans if he finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Community Development Director shall consider the following items: (1) Height, bulk and area of buildings. (2) Setbacks and site planning. (3) Exterior materials and colors (4) Type and pitch of roofs (5) Size and spacing of windows, doors and other openings (6) Towers, chimneys, roof structures, flagpoles, radio and television antennas (7) Landscaping, parking area design and traffic circulation. (8) Location, height and standards of exterior illumination (9a -0) Location and appearance of equipment located outside of an enclosed structure. (1014) Location and method of refuse storage (1112) Physical relationship of proposed structures to existing structures in the neighborhood (1213) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. (1344) Proposed signing (141 -5) Development guidelines and criteria as adopted by the City Council 52. Section 9272d is hereby amended as follows: d Procedures and Time Limits Ordinance No. 1429 — Exhibit 1 Page 169 (1) The Community Development Department shall review all applications for a use permitConditional Use Permit, variance and other proceedings subject to public hearing before the Planning Commission, and shall render to the Planning Commission a report of its review, observations and recommendation prior to the date of such public hearing. (2) Pertinent information shall be furnished to the Community Development Department to enable review and evaluation of proposed developments. (3) The decision of the Community Development Director in matters of original jurisdiction and those referred to him by the Planning Commission or City Council shall be final, unless appealed in writing as herein provided. (4) Development shall commence within a period of one (1) year of approvaleig- hteen- months, otherwise, 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 follows: (a) Except as otherwise provided in this Section, a lawfully established structure or use may be continued although the particular structure or use does not conform to current applicable regulations for the district in which the particular structure is located or use is made; provided, however, no legal nonconforming structure or use of land may be extended to occupy a greater area of land or structure than is legally authorized at the time the structure or use first becomes legal nonconforming. If any legal nonconforming structure or use is discontinued or abandoned, any subsequent use of such land or structure shall conform to the regulations specified for the district in which such land or structure is located. If no structural alterations are made therein, a legal nonconforming use may be changed to another use of the same or more restrictive classification upon the securing of a use- permitConditional Use Permit. If the legal nonconforming use is replaced by a more restrictive legal nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any legal nonconforming use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of one (1) year, it shall be conclusively presumed that such use has been abandoned within the meaning of this Chapter, and all future uses shall comply with the regulations of the particular district in which the land or structure is located. 55. Section 9273(b)(6) is hereby amended as follows: (6) The owner or any other individual may, within twenty (20) calendar days of the mailing of the preliminary determination, request a hearing on the preliminary determination before the Zoning Administrator by submitting a written request identifying the preliminary determination, and submitting therewith a hearing fee in such amount as the City Council may establish by resolution. The hearing shall be set within thirty (30) calendar days and occur within ninety (90) calendar days of the receipt of the request for hearing, and notice of the hearing shall be mailed Ordinance No. 1429 — Exhibit 1 Page J 70 at least ten (10) calendar days prior to the hearing to the owner and to any other individual(s) requesting the hearing. The owner and each individual requesting the hearing shall have the opportunity to present evidence and witnesses regarding the nonconforming status. The hearing may be continued from time to time by the Community Development Director. Within thirty (30) calendar days of the conclusion of the hearing, the Community Development Director shall send to the owner and any individual requesting the hearing a written final determination of conforming or nonconforming status that shall include a finding that the available evidence indicates the use and/or the structure is or is not legal nonconforming. If no hearing is timely requested, the preliminary determination shall be deemed final. 56. Section 9273(d) is hereby amended as follows: (d) A legal nonconforming structure, destroyed to the extent of more than fifty (50) percent of its replacement value at the time of its destruction by fire, explosion or other casualty or act of God, may be restored or used only in compliance with the regulations existing in the district wherein it is located.:." exception t ^except 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) 58. Section 9274a(1) is hereby amended as follows: (1) Part 9, Administration of this Chapter concerning application for and action on a use permitConditional 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 "Conditional Use Permit without prior City Council approval by resolution or minute order. 60. Section 9275 is hereby amended as follows: 9275 REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS Shall conform to standards and site development standards set forth in Section 4316 of the Tustin City Code et al. Ordinance No. 1429 — Exhibit 1 Page 171 se The purpes - _ tablish -a - cornpreheneive set of -regulations recyclable materials -#or- transportation- to -a-rr x ng material recovery facility. b-- Definitions meanings= - the - following words shall-have-the-following "Development -project" -means any of the following: (1) A project for which -a industrial or institutional b4 Mere- living units where solid waste is collected and loaded, or any •_ - • mmercial, five45) --or ore4fv+ng- unite. (2) Any new public facility - -where eolid -waste- collected -and loaded --and -any -d for -- collecting and (3) Any alterat. facility- project- where4hq„exicting floor ar a of the subject building is expanded -by- fifty - {5g)- percent or -mere: Apr= - •• " •• - - - - ical change -w#i prolongs its useful life, or adapts it to new -uses, excluding - repairs - Repairs keep facilities in- good - operating ue-of- thefac+lity-, ility. by a local agency. "cycling area (areas for -recycling loading -of- recyclable materials plicability - _ e recreation area owned ecting and solid -waste and recyclable materials for transportation to a mixed waste processing or exempt—from—the—provisions contained herein. Ordinance No. 1429 — Exhibit 1 Page 172 (2) In the event that the aforementioned exemption does not apply, all development projects—for—which—o— —tiling—perm—is-issued : e - _ • • shall be required -to- provide- adequua - . _ _ - _ - , . _ _ _ - - -nt recycling areas for collecting -arid- loading-- r-eeyclable materials. living unit d-- Guidelines The- fellowi required-by-This-subsection: - -r (-1-) An adequate number and capac- e _ - _ - - _ - - to-allow for the collection and-- loading of recyclable materials generated by- the - development- shall -be located- within-- the--recycli-ng-ar- - - - . - • e - - . • • - - - ens of the recycling -area shall accer odate- containers -cam with ,- e��.,-, Tmethods -of Belle - • - . - project- is --be- located- - mpatible -with - - - - - - - - ation. -- Developments and-- publioight -of -way -- adjacent to recycling areas should be adequately protected - against -airy- adverse - impacts such as noise, odor, vectors, or glare through -n easures-including -but -not limited to-maintaining-adequate separation; fe c nn and landscaping (4) Recycling areas shall be secured to pre - . - _ _lable- materials by unauthorized persons, while allowing authorized persons access- for - disposal -of materials. (5) Recycling areas or against- adverse en* materials-unmarketable- . .ght- render the°— 000llected {6) Driveways or travel -aisl- . . - _ _ _ - '2 .°2 e e e- - cess for the City's waste haulers- collection vehicles and shall provide minimum clearance for vehicles - utilized by the City's - franchised- solid - -waste hauler. Ordinance No. 1429 — Exhibit 1 Page 173 (7) The-design a - censer t+en- of -reeyc naent e in any area .required -to ed, according -to- any -- applicable ation; ° n„ reoyoli g- :rea( -0 mall_ -be- located- to -be convenient sible; areas for- col4eoting developed in • . - - • -- -- • • - conjunction -with, the solid -waste collection areas. ng alf reeysl+ng and -solid areas - and -the materials-accepted-therein-should-he-posted adjacent to all points of direct access to the recycling area. -e _ - - e e - -- •e - collecting reo prnent- Deparinnent 61. Section 9276b definition of "Building- mounted" is hereby amended as follows: "Building- mounted" means affixedn rated to—the—side—of a building or to another-structure such as a water tank, billboard, church steeple, freestanding sign, etc. 62. Section 9276f(2)(a) is hereby amended as follows: (2) Site selection order of preference (a) Wireless communication facilities shall be located in the following order of preference: 1. On existing structures such as buildings, communication towers, church steeples, freestanding signs, and /or co- located on existing facilities. 2. In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. 3. On vacant ground without significant visual mitigation only in commercial and industrial zoning districts. 63. Section 9276j is hereby amended as follows: Monitoring Program Each wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be reviewed by the Community Development Director at the end of five (5) years and /or at annual intervals thereafter from the date of design Ordinance No. 1429 - Exhibit 1 Page 174 review and /or conditional use permit approval. The Community Development Director may defer this review to the Planning Commission on a case -by -case basis. The Director or Planning Commission, as applicable, may recommend a condition of approval to the Planning Commission or the City Council, respectively, to modify existing conditions or impose new conditions as part of this review to protect the public health, safety, community aesthetics and general welfare, which condition shall be subject to the approval of the City Council. 64. Section 9276k is hereby amended as follows: k Conditional Use Permit Expiration Each major wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be approved for a period not to exceed the term of the lease with the property owner, including any extension thereof, for the major wireless communication facility. A recorded memorandum of lease setting forth the term of the lease shall be submitted to the Community Development Director prior to the issuance of a building permit for the major wireless communication facility. If the lease is extended or terminated, the operator of the wireless communication facility shall provide notice and evidence thereof in writing to the Community Development Director no later than five (5) days prior to the extension or termination of the lease. Upon termination or expiration of the lease, the conditional use permitConditional Use Permit for the facility shall become null and void and the facility removed 65. Section 9290 is hereby amended as follows: 9290 ZONING PERMITS Zoning Permits shall be issued in conjunction with and as a part of building permits, and shall be-- issued by the Building- Department-ef -the City only after the Community Development Director has given written approval Building Official has determined 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. No building permit shall be issued until the zoning permit portion thereof has been completed by the Community Development DirectorBuildEng -O#isial -of the-City-or-his-authorized-representative. 66. Section 9291 is hereby amended as follows: 9291 CONDITIONAL USE PERMITS a General Conditional Use Permits may be issued as provided in this Section for any of the uses or purposes for which such permits are required or permitted by the terms of this Chapter upon conditions designated by the Zoning Administrator or the Planning Commission. The Zoning Administrator or the Planning - Commission may impose such conditions as it deems necessary to secure the purposes of this Chapter and may require tangible guarantees or evidence that such conditions are Ordinance No. 1429 — Exhibit 1 Page 175 being or will be complied with. Applications for use - permitConditional Use Permits may be considered after holding public hearings thereon, as required by law. Notice of such hearings shall be given to the persons designated and in the manner prescribed in Section 91969296b. b Application Application for use- per-mitConditional Use Permits shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee, with the consent of the owners, or plaintiff in an action for eminent domain for acquisition of said property, on a form prescribed by the Planning Commission. The application shall be accompanied by a fee as set forth by City Council Resolution of --one hundred dollars ($100.00) and plans showing the details of the proposed use to be made of the land or building. c Decision of the Zoning Administrator or the Planning Commission Upon receipt of the application for Conditional uUse iaPermit, the Zoning Administrator or Planning Commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. If the Commission finds that the aforementioned conditions will not result from the particular use applied for, it shall grant the use permitConditional Use Permit. The granting of a use permitConditional Use Permit applied for by the plaintiff in an action in eminent domain to acquire the property shall be conditioned upon ultimate vesting of title of the property to the plaintiff. 67. Section 9292b is hereby amended as follows: b Use Variances Not Allowed The use of lands or buildings not in conformity with the regulations or prohibited in the specified -for -the district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the terms of this Chapter. 68. Section 9293 is hereby amended as follows: 9293 PERMITS a Effective Date of a Permit No use permitConditional Use Permit or permit granting a variance shall have any force or effect until the applicant thereof actually receives such permit designating the conditions of its issue thereon and signed by the Secretary of the Planning Commission. Zoning 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 or Ordinance No. 1429 — Exhibit 1 Page 176 Zoning Administrator as provided in Section J;_ hereof has expired, or. in the event of such appeal, after the final determination thereof by the City Council. b Length of Permits Any use permitConditional Use Permit or variance granted in accordance with 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 use perrni-tConditional Use Permit or variance granted in accordance with the terms of this chapter may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated or if the following findings are made: (1) In connection with use permitConditional Use Permits: The continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. (2) In connection with variances: Continued relief from the strict application of the terms of this chapter would be contrary to the public interest, safety, health and welfare. d Hearing for Revocation of Permits Before the ■. ;i.v_ Council considers revocation of any permit, the Planning Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its findings and its recommendations on the revocation to the City Council. e Subsequent Applications For a period of one (1) year following the approval, denial or revocation of a discretionary land use permit, no application for the same or substantially similar discretionary permit for the same site shall be filed. f Modification of Conditions of Approval No request for modifications of any condition of approval relating to any fee, exaction or dedication of real property imposed on any land use permit or approval shall be accepted after the final decision on the land use permit or approval unless accompanied by a significant change in the size or intensity of the proposed project. 69. Section 9296 is hereby amended as follows: 9296 NOTICES OF HEARING Ordinance No. 1429 — Exhibit 1 Page 177 a DefinitiornPublic Hearing Whenever this Chapter prescribes that a public hearing shall be held on the discretionary application ;:'b r--such as, but not limited to. variance or amendments to this Chapter, notice thereof shall be given as provided in this Section. b Notice of Hearing Notices of the public hearings on applications for Conditional Use variance, appeals and amendments to this Chapter changing the boundaries of any district shall be given by the body conducting such hearings in the manner prescribed by Sections 65090 or 6509165500 and 65854 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 newspaper of general circulation in the City of Tustin, at least ten (10) days before the hearing. Notice of Hearing: Failure to Post Notices Failure to mail or post notices as specified in Subsection "b" hereof shall not invalidate any proceedings. Notice of Hearing: Filing of Affidavit Upon completion of the posting or mailing of the notices provided for in Subsection "b" and publication of notices as provided in Subsections "b" and "c" hereof, the City Clerk, if the hearing is held by the Planning Commission, or if the hearing is held by the City Council shall cause an affidavit of such mailing or publication to be filed in the permanent records of the particular proceedings to which such notices pertain. 70. Section 9297 the following definitions are hereby amended or added as follows: "Convenience Zone" means the area within a 1/2 mile radius of a "Supermarket ", defined as meeting the following definitions based on CAL. PRC. CODE § 14526.5: Identified in the Progressive Grocer Marketing Guidebook. Gross annual sales of $2 million or more. A "full- line" store that sells a line of dry groceries, canned goods. or non -food items and perishable items. Ordinance No. 1429 — Exhibit 1 Page 178 "Delicatessen" means a small market or deli selling ready -to -eat foods, including but not limited to cold cooked meats, sandwiches, and salads. "Dwelling" means a building or portion thereof designed for residential useoccupancy. "Frontage or Fronting" means the portion of a parcel which abuts a street right -of -way. "Guesthouse" means detac eherns —or compensation in any -form is received or paid. "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. "Home Occupation" means an occupation carried on wholly within a dwelling by an occupant of the dwelling, as a secondary use_, —no exterior display, no stock in-trade or commodity— sold — upon -- the — premises, no mechanical or electrical-- epuipm- - - - - - - - -h as is customary for housekeeping purpose residential appearance of the health, safety or welfare of- the - general - public, -or which emits smoke, dust, fumes, odors, vibrations, glare or electrical disturbance _ _ _ _ . - _ .. - - - - - . . - . - -ates sloe pedestrian traffic or vehicular traffic or parking—in—excess of that—otherwise normall - - - - - - - , - e - k. fourths ton carrying capacity, no parking in the front yard, driveway—or immediately adjacent to the premises of any vehicle bearing any sign, home -- occupation "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. "Lot hrough" -• - approximately parallel streets. -- e "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 — Exhibit 1 Page 179 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. �. 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 Interior Lot Double Frontage Lot Corner Lot I Flag Lot Access Corridor Corner Lot Interior Lot Reverse Corner Lot 'Micro- winery" means an establishment that includes beverage production of wine and may include a tasting facility and sale of wine produced by the owner of the establishment. The establishment shall not include the sale of alcoholic beverages for on -site consumption with the exception of sampling the product within the tasting facility. Wineries shall provide ancillary food service in combination with its primary use. "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. "Recycling CenterFacility" is a center for the collection of recyclable materials. (See Section 9271 bb for recycling center regulations and classifications). A--recycling facility-does not include storage containers - -or processing — activity—loeat - - - - - " ' . - , - e • mefsia -er Ordinance No. 1429 - Exhibit 1 Page 180 manufacturing use - - - - - - _ - _ - - - - _ - eria rated by that residential- property, business -or - manufacturer. Recycling facilities include -the following A "Certified Recyc California Department of Conservation as meeting the requirements of the Call tainer- Recyclingand-- Litter A "Collection---Facility" is a _ - - - - - - , , redemption-purchase, -of- recyclable - materials- from -- the- - public. Such a facility than fifty (50) square -feet. 2. Bulk reverse vend' hundred (500) square feet. 3. Large collection- facilities-which store front. y- aa- area -ef - Rac -meFe o.... e- ".••• -- - 'e - "Service Station" means an occupancy -use_ which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, charging and replacement, not including repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; also including the following operations if conducted within a building; lubrication of motor vehicles; brake servicing limited to servicing and replacement of brake cylinders and brake shoes; wheel balancing; the testing, adjustment, and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring. "Second Residential Unit" means a building or portion thereof designed for residential useoccupancy on a lot developed with a legal conforming single - family dwelling. "Vending Mach- ines'2: A "Reverse Vending Maohine -4s an automated mechanical device which accepts --at -least e • - _ • _ - _ _ • •• -y- beverage containers incltfding but not limited to aluminum cans, glass-and-plastic bottles, and issues- a-cas4 refund -ors redeemable -cr he State. A Reverse V nical -ly provided that the entire process is grouping of- Reverse Vending Machines may be necessary.) Ordinance No. 1429 — Exhibit 1 Page 181 A 'Bulk Reverse Vending Mach+r+e' -is-a- Reverse Vending- Machin tnat--is larger than fifty (50) square feet; is designed to accept more than one (1) container at a tf and- witl- -pay- by- weight -in stcod of-by- container 71. Section 9298 is hereby amended as follows: 9298 INTERPRETATION AND ENFORCEMENT a Continuity of Law Except as specifically provided herein, this chapter shall not be interpreted to repeal, abrogate, annul or in any way affect any existing provision of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided however, in any instances where this chapter imposes greater restrictions upon the erection, construction, establishment, moving. alteration or improvement of buildings or the use of any building or structure that is imposed or required by an existing law, ordinance or regulation, the provisions of this chapter shall control. b Criteria for Determination Whenever the Director of Community Development,- or Planning Commission or City Council of the City of Tustin is called upon to determine, in cases of ambiguity, whether or not the use of any land or structure in any district is similar in character to the particular uses or plans allowed in the district, the Director of Community Development, Planning Commission or the City Council shall consider the following factors as criteria for their determination, as applicable: _ _ - - • • - . • • - _ _ _ : -'1 _ _ . +ct.i re in any district is similar in character to the particular uscs allowed in the district, the lai-restor—GF—Crom-rni .= • _ _ _ _ _ - • - e _ • e factors as criteria for their determination: (1) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large. (2) Effect upon traffic conditions. (3) Effect upon the orderly development of the area in question and the City at large, in regard to the general planning of the whole community. (3)(4)AIl other pertinent facts. c Interpretation Ordinance No. 1429 — Exhibit 1 Page J 82 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. sd Responsibility of Enforcement It shall be the duty of the Director of Community Development or designee to enforce the provisions of this chapter pertaining to the use of land or buildings in the erection, construction, reconstruction, moving, alteration, or addition to any buildings or structures. Any permit or license of any type issued by any department or officer of the City of Tustin issued in conflict with the provisions of this chapter is hereby declared to be null and void. r: Procedures Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter and any use of land or buildings operated or maintained contrary to the provisions of this chapter are hereby declared to be public nuisances. The City Council may commence the necessary action or proceedings for the abatement, removal and enjoining thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this chapter or any other law or ordinance. Appeals Any person may appeal any decision of the Director of Community Development in accordance with Section 9294 of this Code. Consistency With All Laws Notwithstanding any provision of this Code to the contrary, any use, entitlement, authorization, license, or permit allowed or issued under this Code, including without limitation any accessory or ancillary use, shall be consistent with applicable state and federal law. Any use or activity that is illegal under local, state, or federal law shall be deemed a prohibited use in all districts within the City. 72. Section 9299b is hereby amended as follows: b Duties The Community Development Director, or his /her designee, acting as the Zoning Administrator, shall have dual responsibility with that of the Planning Commission to hear and decide in accordance with Council policy and provisions of this chapter, and has the authority to approve, conditionally approve or deny the following requests when such requests constitute a reasonable use of property not Ordinance No. 1429 — Exhibit 1 Page 183 permissible under a strict literal interpretation of the regulations. The Zoning Administrator reserves the right to forward any matter listed below to the Planning Commission for consideration and action. Requests for minor adjustments Zoning Administrator variances in excess of the limitations prescribed in this subsection, or those development standards not specifically listed in this subsection, shall be subject to the approval of a variance by the Planning Commission. Requests for conditional use permits or other specified development applications not specifically listed in this subsection shall be subject to the approval of a conditional use permit or other discretionary review by the Planning Commission or other reviewing body as applicable. (1) Minor adjustments: (a) A decrease of not more than five (5) percent of the required building site area. (b) A decrease of not more than ten (10) percent of a required building or landscaping setback. (c) An increase of not more than twenty (20) percent in the maximum permitted height of a fence solid hedge or wall, subject to city approved structural design. (d) An increase of not more than ten (10) percent of the permitted projection of steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry chimneys, raised porches and fireplaces into any required building setback. (e) An increase of not more than ten (10) percent in the maximum permitted building height. (f) (9) A decrease in the number of required off - street parking spaces for nonresidential land uses up to a maximum of ten (10) percent. A decrease of not more than ten percent (10 %) in the permitted distances between detached accessory structures and main structures. (h) An increase of not more than ten (10) percent in the maximum permitted driveway area within the front yard setback for residential districts or the front yard for commercial and industrial districts. A decrease in the number of required off- street parking spaces for residential land uses by a maximum of one (1) parking space. When a second residential unit is being added under the provisions of Section 9222 or 9223, parking shall be in accordance with the requirements of those sections. 4)(i) A increase of not more than ten (10) percent of the - maximum sign area allowed, per zoning regulations. Ordinance No. 1429 — Exhibit 1 Page 184 (2) Variances when required by the City Code: (a) A decrease of not more than ten (10) percent of an individual required building site area. (b) An increase of not more than twenty (20) percent of the permitted projection of steps, stairways, landings, eaves. cornices, canopies, overhangs, masonry chimneys, raised porches and fireplaces into any required building setback. (c) A deer aso of- not-more than-twenty-(20) percent between detached accessory structure ures- (d)_A decrease in the number of required off - street parking spaces for nonresidential land uses up to a maximum of twenty (20) percent. (d) A decrease of not more than twenty (20) percent in the required setbacks for buildings, landscaping, swimming pools, spas and equipment. (e) An increase of not more than twenty (20) percent of the maximum sign area allowed, per zoning regulations. (3) Con t+onat— use-- permitConditional Use Permits when required by the City Code: (a) Dish antennas. (b) Bulk Reverse vending machines. (c) Business operations (including storage) conducted within view from public right of way. (o)(d_)Large recycling locationsoollection facilities. (d)Le)On- premises dry cleaning. (e)(f) Minor CUPs for existing development where there would be no change of oesupancy or _primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. (€)(q) On -site alcoholic beverage sales license for restaurants. (h) Secondhand sales when pawning is not included. (g-)(i) Development or construction of new buildings in the Commercial General (CG) or Industrial (M) Districts where more than fifty (50) percent of the total area, or any portion of the ground floor, is designated for use ooeupancy by professional or general offices. (h)(j) Accessory buildings used as guest quarters - rooms. Ordinance No. 1429 – Exhibit 1 Page 185 (i) Dance studios (j )(k) Temporary uses for a period of more thanup -to one (1) years)- mont-14s. (k3(1) Professional and general offices fronting onto Main Street and El Camino Real and located within the Old Town Commercial General land use designation. (4) Specified development applications: (a) Soil remediation activities, subject to the same findings as required for a conditional use permit. (b) Time extensions of not more than twelve (12) months from the original expiration date for minor adjustments, conditional use permits, variances, design reviews, subdivisions and other development applications, subject to the same noticing requirements that were given at the time the project was originally approved. (c) Except where design review is required by the planning commission pursuant to an adopted specific plan, (a) design review applications within redevelopment project areas; (b) minor design reviews within redevelopment project areas which include modifications to existing structures and /or existing facade or site modifications which constitute a change in three (3) or less major design elements which do not result in a completed facade upgrade; (c) single - family homes not part of a subdivision, (d) residential room additions and (e) new or modified accessory structures associated with existing development. (d) Amendment to conditions of approval established by ptann+ng -- Planning oorrission— Commission or city City councitCouncil. Condition amendments that are determined by the Community Development Director to be minor in nature and will not alter the original intent of the project or site. Examples would include changes to exterior materials, colors, elevations, landscaping, walls /fences and hours of operation. Ill. Article 9 Chapter 4 of the Tustin City Code is hereby amended as follows: 1. Section 9402 the following definition is hereby added: "Flat Roof' means a roof having no slope, or one with only a slight pitch so as to drain rainwater. Section 9404a1(p) is hereby amended as follows: (p) Roof -top 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 C Planning Commission Minutes and Resolution No. 4210 (attachments not included) City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 7:00 p.m. Given Staff Present None Approved Motion: None MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION FEBRUARY 26, 2013 CALL TO ORDER: 7:00 p.m. INVOCATION /PLEDGE OF ALLEGIANCE: Chair Kozak ROLL CALL: Present: Chair Kozak Chair Pro Tern Thompson Commissioners Altowaiji, Eckman, and Moore Elizabeth A. Binsack, Director of Community Development Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Stonich, Senior Planner Edmelynne V. Flutter, Associate Planner Joe Pearson II, Planning Intern Adrianne DiLeva- Johnson, Management Assistant PUBLIC CONCERNS CONSENT CALENDAR: 1. APPROVAL OF MINUTES — FEBRUARY 12, 2013, PLANNING COMMISSION. RECOMMENDATION: That the Planning Commission approve the minutes of the February 12, 2013, meeting as provided. It was moved by Eckman, seconded by Altowaiji, to move the Consent Calendar. Motion carried 5 -0. PUBLIC HEARINGS Minutes — Planning Commission February 26, 2013 — Page 1 of 4 REGULAR BUSINESS: Received 2. GENERAL PLAN ANNUAL REPORT. The General Plan Annual Report enables the City to assess the effectiveness of its General Plan and provides guidance to the City in focusing on its future goals and policies. Section 65400 (b) of the Government Code requires that the City's planning agency provide: 1. An annual report to the City Council on the status of the General Plan and progress in its implementation; 2. Its progress in meeting its share of regional housing needs; local efforts to remove governmental constraints to the maintenance, improvement, and development of housing; and 3. The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. The General Plan annual report is required to be provided to the City Council. Following the City Council's action, the General Plan annual report will be forwarded to the State Department of Housing and Community Development (HCD) and the State Office of Planning and Research. RECOMMENDATION: That the Planning Commission review and authorize staff to forward the General Plan Annual Report on the Status of the Tustin General Plan to the City Council for consideration. Hutter Gave a presentation of the item. Planning Commission questions generally included: expanding on the presentation in the future; adding adoption of quiet zones; status of the new Fire Station # 37; clarification on affordable housing; adding the Residential Design Guidelines as an accomplishment; detail on the Housing Element; and post the final report to the City website once approved by City Council. Motion: Reviewed and authorized staff to forward to City Council. Minutes — Planning Commission February 26, 2013 — Page 2 of 4 Received 3. TRANSMITTAL OF CODE AMENDMENT 13 -001, ZONING CODE UPDATE (DRAFT ORDINANCE NO. 1429). Code Amendment 13 -001 (CA 13 -001) proposes the incorporation of text amendments to the Zoning Code (Article 9) and Article 3 of the Tustin City Code (TCC) (Attachment A). The incorporation of text amendments will ensure that the Tustin Zoning Code will be internally consistent, consistent with the requirements of California State Law by incorporating updates, and consistent with the Tustin General Plan. RECOMMENDATION: That the Planning Commission receive and review the Community Development Department's draft Code Amendment 13 -001 and tentatively set the item for public hearing at the Planning Commission meeting on March 12, 2013. Stonich Gave a presentation of the item. Planning Commission questions /comments generally included: how the zone changes may affect various properties; thanked staff for the transmittal, and stated that more in -depth comments will be provided at the public hearing. Chad Ortlieb stepped forward to speak on the item. Mr. Ortlieb provided suggestions to staff regarding the amendments proposed. Chair Kozak recommended that Mr. Ortlieb submit his comments in writing so that they may be included when the item presented at the public hearing on March 12th, 2013. Motion: Received and set a public hearing on March 12, 2013. STAFF CONCERNS: The Director presented as follows: Eckman • Reminded the Commission that there will be a Workshop at 6:00 p.m. on March 12, 2013, regarding second unit residences in Old Town Tustin. COMMISSION CONCERNS: • Attended the re- opening of the new baseball diamond at Tustin Sports Park, stated it was a fun event and the City did a great job revitalizing the park. Minutes — Planning Commission February 26, 2013 — Page 3 of 4 Altowaiji Has no items to report this evening. Moore Thompson Kozak • Stated the Tustin Sports park diamond looks great; • Inquired on using an iPad to receive the Planning Commission agenda packets electronically. • Attended the American Society of Civil Engineers awards banquet for Orange County in which Lambert Ranch in Irvine received an award. Noted that they had altered a cell -tower to look like a water -tower and it was well -done; • The Tustin Chamber of Commerce will feature Mayor Al Murray as the key -note speaker at an upcoming meeting; • Congratulated Planning Intern Joe Pearson on his new position with the City of Goleta; • Stated he as eight more weeks of classes upcoming, thanked the Commission for their patience during his studies. • Attended the Community Workshop on second units in Old Town, looks forward on the upcoming workshop for the Commission; • Attended the Tustin Sports park diamond dedication, remembers coaching his son's team on the field, and the field looks wonderful today; • Stated staff provided the Commission with information on a training opportunity with the State Office of Historic Preservation, encouraged his fellow Commissioners to sign up; Congratulated Joe Pearson on his new position and thanked him for all his hard work. 7:53 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, March 12, 2013, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. ELIZABETH A. BINSACK Planning Commission Secretary ZAK Chairperson Minutes — Planning Commission February 26, 2013 — Page 4 of 4 o 7:35 p.m. Given Staff Present None Approved Motion: MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MARCH 12, 2013 The meeting was delayed and called to order at 7:35 p.m., due to a Planning Commission Workshop. CALL TO ORDER INVOCATION /PLEDGE OF ALLEGIANCE: Chair Pro Tem Thompson ROLL CALL: Present: Chair Kozak Chair Pro Tem Thompson Commissioners Altowaiji, Eckman, and Moore Elizabeth A. Binsack, Director of Community Development Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Principal Planner Amy Stonich, Senior Planner Adrianne DiLeva- Johnson, Management Assistant PUBLIC CONCERNS CONSENT CALENDAR: APPROVAL OF MINUTES — FEBRUARY 26, 2013, PLANNING COMMISSION. RECOMMENDATION: That the Planning Commission approve the minutes of the February 26, 2013, meeting as provided. It was moved by Thompson, seconded by Altowaiji to move the Consent Calendar. Motion carried 5 -0. PUBLIC HEARINGS: Continued to a date 2. CODE AMENDMENT 13 -001, ZONING CODE UPDATE certain (DRAFT ORDINANCE 1429). Minutes — Planning Commission March 12, 2013 — Page 1 of 3 Code Amendment 13 -001 (CA 13 -001) proposes the incorporation of text amendments to the Zoning Code (Article 9) and Article 3 of the Tustin City Code (TCC). The incorporation of text amendments will ensure that the Tustin Zoning Code will be internally consistent, consistent with the requirements of California State Law by incorporating updates, and consistent with the Tustin General Plan. ENVIRONMENTAL: 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. RECOMMENDATION: 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) for draft Ordinance No. 1429 to amend Article 4 and Article 9 of the Tustin City Code to incorporate text amendments. The Director announced that a letter was submitted at the meeting for the Commission's consideration. However, given the lateness that the letter was submitted, neither City staff nor the Planning Commission had an opportunity to review the contents. She stated that the letter addressed the environmental review of the item; however, the comment period had closed. The letter also contained general comments on the code amendment itself. Chair Kozak proposed to continue the meeting to a date certain to allow ample time for staff to review and address letter and report to the Commission accordingly. Chair Pro Tem Thompson commented that the General Plan Goals and Objectives given in the Resolution may not be applicable to the clean -up and other text amendments proposed in the code amendment. Commissioner Moore clarified through the Assistant City Attorney that although the environmental comment period closed, staff will address the environmental comments received when they present the item to the Planning Commission at a later date. Minutes — Planning Commission March 12, 2013 — Page 2 of 3 Motion: None None Altowaiji The Assistant City Attorney confirmed that the environmental comments will be addressed as a courtesy, not as a legal requirement, as they were not timely received. It was moved by Kozak, seconded by Eckman to continue the item to April 9, 2013. Motion carried 5 -0. REGULAR BUSINESS STAFF CONCERNS COMMISSION CONCERNS: • Thanked staff for their hard work and special attention to this evening's item. Moore • Appreciated the time staff spent with the Commission on this evening's item; • Encouraged members of the public to continue come to Planning Commission meetings, and appreciated the public input received this evening. Eckman • Thanked staff for their hard work on this evening's item. Thompson • Thanked staff and members of the public who came to this evening's meeting. Kozak • Thanked staff for their time and helpful clarifications, is looking forward to addressing the comments received this evening and moving ahead with the item; • Thanked staff for their work on the workshop held earlier this evening and thanked members of the public who attended; • Noted that the Leprechaun Leap will be held on Saturday hosted by the Tustin Community Foundation. 7:50 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, March 26, 2013, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. ELIZABETH A. BINSACK Planning Commission Secretary I :TE1 (19ZAK Chairperson Minutes — Planning Commission March 12, 2013 — Page 3 of 3 7:05 p.m. Given Sworn -in by Mayor Al Murray Staff Present MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION APRIL 09, 2013 CALL TO ORDER INVOCATION /PLEDGE OF ALLEGIANCE: Chair Kozak 1. SEATING OF COMMISSIONERS KOZAK, LUMBARD, AND SMITH. ROLL CALL: Present: Chair Kozak Chair Pro Tern Thompson Commissioners Altowaiji, Lumbard, and Smith Elizabeth A. Binsack, Director of Community Development Lois Bobak, Assistant City Attorney Justina Willkom, Assistant Director of Community Development Amy Stonich, Senior Planner Edmelynne V. Nutter, Associate Planner Adrianne DiLeva- Johnson, Management Assistant None PUBLIC CONCERNS Approved CONSENT CALENDAR: APPROVAL OF MINUTES — MARCH 26, 2013, PLANNING COMMISSION. RECOMMENDATION: That the Planning Commission approve the minutes of the March 26, 2013, meeting as provided. Motion: It was moved by Thompson, seconded by Altowaiji, to move the Consent Calendar. Motion carried 3 -0 -2 with Commissioners Lumbard and Smith abstaining. Minutes — Planning Commission April 9, 2013 — Page 1 of 7 PUBLIC HEARINGS: Adopted Resolution 3. CONDITIONAL USE PERMIT 2013 -02, FITNESS GYM. No. 4218 The applicant is proposing to occupy an existing 2,831 square -foot office and warehouse space to include a multiuse fitness room, an office, storage rooms and two restrooms. The proposed use is a small gym and more similar to a dance or Pilates studio than a large gym establishment like a 24 -Hour Fitness center. The proposed Rycka CrossFit use is described as individual and small group high intensity workouts with classes lasting one hour or less. The proposed gym would operate Monday through Friday, between 5:00 am to 8:00 pm and Saturday through Sunday, between 8:00 am to 10:00 am. APPLICANT: Joshua Benson Spectrum Fitness, LLC 14271 Jeffrey Road, Suite 144 Irvine, CA 92620 PROPERTY OWNER: 14332 Chambers, LLC Attn: James Rich 802 S. Bay Front Newport Beach, CA 92662 PROJECT LOCATION: 14332 Chambers Road ENVIRONMENTAL: This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Section 15301, Class 1. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4218, approving the establishment of a fitness gym use within an existing 2,831 square -foot industrial tenant space located at 14332 Chambers Road. Rutter Gave a presentation of the item. Minutes — Planning Commission April 9, 2013 — Page 2 of 7 7 Planning Commission questions included: clarification on operating hours; compilation of the surrounding uses; compatibility with the surrounding industrial uses; and clarification on parking requirements. The public hearing opened at 7:23 p.m. The applicant, Joshua Benson, stepped forward. Mr. Benson thanked the Commission for the opportunity to open his business in Tustin. He additionally described the style of exercise provided at his facility, as well as background information on the business name "Rycka CrossFit." The public hearing closed at 7:27 p.m. Planning Commission discussion generally included support of the proposed project. Commissioner Altowaiji inquired on an amendment which was provided at the dais, clarifying the hours which the applicant believes will generate the most traffic at the location. Staff noted the amended conditions regarding parking, occupancy ratio, and operating hours were at the request of Chair Pro Tem Thompson. Chair Kozak clarified that the applicant was aware and accepting of the addition of Condition 2.7. Motion: It was moved by Thompson, seconded by Altowaiji to adopt Resolution No. 4218 as amended. Motion carried 5 -0. Adopted Resolution 4. ORDINANCE NO. 1429, ZONING CODE UPDATE (CODE No.4210 AMENDMENT 2013 -001) CONTINUED FROM THE PLANNING COMMISSION MEETING OF MARCH 12, 2013. 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. ENVIRONMENTAL: 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, Minutes — Planning Commission April 9, 2013 — Page 3 of 7 Stonich Thompson Stonich Binsack through March 12, 2013. The City Council will consider the Draft Negative Declaration at the public hearing. RECOMMENDATION: 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. Gave a presentation of the item providing general information and responding to prior public comments received at the March 12, 2013, Planning Commission meeting and comments received on April 9, 2013. Commission questions generally included: Stated it seems as if the essence of the written and oral public comments express concerns regarding the proposed Code Amendment effecting the Wilcox Manor Conditional Use Permit which came before the Planning Commission and is yet to go before City Council. Asked for clarification if any of the provisions of the Code Amendment before the Commission this evening provided favor or opportunity for the Wilcox Manor application in any way. Stated each concern noted in the public comments was addressed by staff, and responded that the provisions of the proposed Code Amendment would not provide favor or opportunity for the Wilcox Manor application. Provided additional information stating that the applicants for Wilcox Manor requested a Conditional Use Permit under the provisions of the Cultural Resources (CR) District. That Conditional Use Permit is yet to be considered by City Council. If the proposed draft Ordinance is adopted by the Council, and if it was in place when the applicants for Wilcox Manor made their initial application submittal, they would still have needed to request a new Code Amendment themselves, or request a Conditional Use Permit under the same CR provisions for which they submitted their initial application. In no way would the Ordinance before the Commission this evening make any difference or modification to the Wilcox Manor application. Altowaiji, Kozak, Had no preliminary questions. Lumbard, Smith Minutes — Planning Commission April 9, 2013 — Page 4 of 7 The public hearing opened at 8:14 p.m. Chad Ortlieb stepped forward. He expressed his primary concerns regarding Live Entertainment, noise, the Wilcox Manor project; and staffs chart listing Use Determinations. In addition, Mr. Ortlieb noted his concerns about his comments not being submitted timely and that the staff report should have been made available sooner. Lindburgh McPherson stepped forward to speak regarding Wilcox Manor. He stated he is disturbed that his Wilcox Manor application is being drawn into the proposed Code Amendment; that it has nothing to with his application; he continues to be singled out; and, the proceedings send a bad message to those who want to do business in the City. The public hearing closed at 8:24 p.m. The Commission began discussion of the item. Lumbard Thanked the speakers for their comments. Stated he does not believe the proposed Code Amendment should be combined with the Wilcox Manor application, and that the two items are separate processes. Thanked staff for the informative presentation. Altowaiji Thanked staff for incorporating the Commission's comments and addressing the concerns noted. Thanked the public for their input. Smith Added to his fellow Commissioners comments. Thanked the public for their input and thanked staff for being responsive to the input received. Thompson Kozak Thanked those who took the time to attend this evening's meeting and for providing public input. Thanked staff for allotting time to respond to comments received earlier that day. Stated he felt there was mistrust surrounding the Wilcox Manor application, and ensured the audience that the Code Amendment is not associated with the Wilcox Manor Conditional Use Permit application. Is in support of the proposed Code Amendment as it is a clean -up item only. Thanked all who attended the meeting. Stated he also agreed that the item is a clean -up and it is clear that this Code Amendment is in no way connected with the current or any future Wilcox Manor applications. Stated staff did an excellent job in responding to the public comments received and that it was a thorough and comprehensive report. Minutes — Planning Commission April 9, 2013 — Page 5 of 7 Motion: It was moved by Kozak, seconded by Altowaiji, to adopt Resolution No. 4210 as amended. Motion carried 5 -0. None REGULAR BUSINESS Smith Lumbard Altowaiji Thompson Kozak STAFF CONCERNS: The Director reported as follows: • Welcomed and congratulated the new Planning Commissioners. • Asked that the Commission adjourn to the Workshop which will be held at 6:00 p.m. on April 23, 2013. COMMISSION CONCERNS: • Had no additional concerns this evening. • Thanked everyone from the public who attended this evening's meeting; • Stated he is looking forward to working with his fellow Commissioners and is humbled by the opportunity to serve. • Thanked staff for their work this evening and their quick response to the public comments; • Welcomed the newly appointed Commissioners and looks forward to working with them; • Attended the Annual Easter Egg Hunt, stated it was a fun event, and thanked the Parks and Recreation Department and Tustin Community Foundation for hosting. • Thanked Ken Eckman and Fred Moore for their service on the Planning Commission, congratulated Chair Kozak on his appointment, and welcomed Commissioners Lumbard and Smith. • Thanked staff for their hard work in covering all of this evening's comments and providing a timely response. Stated he felt confident in this evening's deliberations. • Thanked Ken Eckman and Fred Moore for their contributions to the Planning Commission and welcomed Commissioners Lumbard and Smith. Minutes — Planning Commission April 9, 2013 — Page 6 of 7 Li8:37 p.m. ADJOURNMENT: Adjourned to the Planning Commission Workshop scheduled for Tuesday, April 23, 2013, at 6:00 p.m. in the City Council Chamber at 300 Centennial Way. ELIZABETH A. BINSACK Planning Commission Secretary Minutes — Planning Commission April 9, 2013 — Page 7 of 7 RESOLUTION NO. 4210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND CODE AMENDMENT 13 -001 (CA 13 -001) ORDINANCE NO. 1429 TO AMEND ARTICLE 4 AND ARTICLE 9 OF THE TUSTIN CITY CODE TO INCORPORATE TEXT AMENDMENTS. I. The Planning Commission of the City of Tustin hereby finds and determines as follows: A. That the City has initiated Code Amendment 13 -001 to amend Article 4 and Article 9 of the Tustin City Code to incorporate text amendments intended to organize the code using an updated format , incorporate legal updates and changes to reflect California State Law, and update terminology and definitions; B. That proposed amendments to Articles 4 and 9 of the Tustin City Code (TCC) require the approval of an ordinance approving Code Amendment 13 -001; C. That proposed Code Amendment 13 -001 is considered a "project" subject to the terms of the California Environmental Quality Act ( "CEQA "). Therefore, an Initial Study and findings for a proposed Negative Declaration (Exhibit A) have been prepared regarding this project for recommendation by the Planning Commission; D. That a Notice of Intent to Adopt a Negative Declaration was filed with the Clerk for the County of Orange for posting, and provided to members of the public using a method permitted under CEQA Guidelines Section 15072(b). The Initial Study and Draft Negative Declaration were available for a 20 -day public review and comment period from February 20, 2013, through March 12, 2013, in compliance with the State CEQA Guidelines; E. That the City Council is the final authority for the project and will consider the Draft Negative Declaration prior to approval of proposed Code Amendment 13 -001; F. That on February 7, 2013, the City gave public notice of the holding of a public hearing at which the project would be considered by publishing in a newspaper of general circulation, and by posting a notice at City Hall; G. That on February 26, 2013, Code Amendment 13 -001 (Draft Ordinance No. 1429) was transmitted to the Planning Commission and made available for public review; That on March 12, 2013, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the code amendment and at which time the Planning Commission continued the public hearing until April 9, 2013, at which the Planning Commission considered the Initial Study, Negative Declaration, such oral and written testimony submitted, the staff report, and Code Amendment 13 -001; Resolution No. 4210 CA 13 -001 Page 2 II. That Code Amendment 13 -001 is consistent with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin in that the proposed amendment will further the following goals and policies: LU Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. 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 electricity, natural gas, and communication service systems. III. The Planning Commission hereby recommends that the City Council adopt Negative Declaration and Code Amendment 13 -001 (Ordinance No. 1429) to amend Article 4 and Article 9 of the Tustin City Code to incorporate text amendments as identified in Exhibit B attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 9th day of April 2013. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN S OZAK Chairp rson I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4210 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of April, 2013. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT D Public input Written comments received March 12 and April 9, 2013 City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 March 12, 2013 City of Tustin Ann: Honorable Planning Commission Chair and Planning Commissioners Honorable Mayor and Councilmembers 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 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. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 4. Resolution 4210, Recital 1. G. — The code amendment was made available to the Planning Commission and the public. It was also heard and discussed by the Planning Commission. However, in violation of the Brown Act ( §54954.3(a).), the matter was not fully allowed to he discussed by the public. This topic was on the agenda under regular business for the February 26, Planning Commission meeting. The fact that the agenda stated "Public Hearings: None" does not mean the public was not allowed to speak under the Brown Act. 1 put in a 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 is my written demand to have the Planning Commission correct the violation of the Brown Act. A copy of Brown Act excerpt pages are provided for staff and the Commission's review. I encourage the City Attorney to provide guidance to staff on this issue for rectifying action by the Commission. 5. Resolution 4210, Recital II. - 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. Negative Declaration Comments: 6. Cultural Resources, Threshold A analysis — If "assembly 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 Development Director or, the Director could incorrectly ascertain that such "assembly uses" may be pursued via a Conditional Use Permit. Furthermore, elimination of the Temporary Use Permit process for such party facility uses in residential zone could show staff intent to allow "assembly uses" by right or by another non - codified policy. Proliferation of such uses could have an impact on cultural resources. 7. Hydrology and Water Quality, Threshold VII j) - If "assembly 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 bought into by the Community Development Director or, the Director could incorrectly ascertain that such "assembly uses" may be pursued via a Conditional Use Permit. A proliferation of uses such as Wilcox Manor with outdoor dining events and unspecified waste removal could cause substantial additional sources of pollution. 8. Land Use and Planning, Threshold IX a) and b) - If "assembly 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 bought into by the Community Development Director or, the Director could incorrectly ascertain that such "assembly uses" may be pursued via a Conditional Use Permit. A proliferation 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)(e), almost unlimited live entertainment with assembly uses could also cause a strain on existing public services. 1 I . 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 I. 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 1. D. — same as continent 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), 9223 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 0 - 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 Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 allowed to remain subject to the nonconformities section of the code. As the code exists and /or proposed, it implies that nonconforming uses or structures may not be expanded because they can't comply with existing development standards. The implications alone on hampering commercial and industrial growth in the City merit the recommended changes. 19. Page 14, Section 9223b5.I . — Section 9229 does not exist under a header "9229 ". 20. Pages 31 and 32 - The code update intends to allow the following uses as permitted by right in the C -t zones and higher: Secondhand sales without pawn, instructional studios and, pet grooming. The code update intends to allow the following uses as Conditionally Permitted in the C -1 zones and higher: Assembly Uses, Car Wash, Drive -thru Facilities, Large Recycling Locations, Places of Worship and, Public schools & uses (what uses ?), private schools. Staff needs to outline which of the uses arc 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. With specific regard to the proposed "Assembly uses" on page 33 and newly defined "Places of Assembly" on page 80, please note that at the January 15, 2013 City Council meeting the Wilcox Manor (CUP 2012 -10) applicant attorney verbally provided an example that Wilcox Manor gathering would be similar to his rotary club meeting which results in less than 49 people so it is not an "assembly" subject to permitting. Furthermore, on page 9 of the October 9, 2012 Planning Commission staff report for CUP 2012 -10, staff calls the Wilcox Manor party facility use an "assembly use." Page 10 of the October 9th staff report calls churches, schools, parks, and playgrounds `other assembly uses." Page 10 of the November 6, 2012 City Council staff report for CUP 2012 -10 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 question 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 a future Community Development Director determination that assembly uses under a certain threshold (50 persons) don't require any City land use regulation? This implication needs to be sidelined and agendized as a separate discussion. "Assembly uses" should not be a use considered for addition to the new code nor should the definition of "Places of Assembly ". As stated in this comment letter, such a use has not been reviewed in the Negative Declaration, would likely have significant impacts without mitigation, and would not meet General Plan Goals and Policies for the reasons stated within this letter. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 22. Pages 36 and 37 - 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" 23. 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 arc 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. Page 51, Section 9270 a — The interpretation section of the code should not be deleted. If 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 eliminating 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(1)(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 ff— 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 9271 ii — 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 83, 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. Regards, Chad Ortlieb Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 April 9, 2013 RECEIVED APR 09 2013 COMMUNITY DEVELOPMENT DEPT City of Tustin Attn: Honorable Planning Commission Chair and Planning Commissioners Honorable Mayor and Councilmembers Community Development Staff 300 Centennial Way Tustin, CA 92780 SUBJECT: DRAFT CODE AMENDMENT 13 -001, PC RESOLUTION NO. 4210, 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. Thank you to staff for considering my prior comments and especially for removing "Assembly Uses" and "Places of Assembly" from the draft code. I am providing the below comments and inquiries for your careful consideration with regard to the City's draft code amendment. Staff Report Comments: 1. Staff report, Pages 1 and 3 — The staff report makes specific note that I provided written comments after 7:00 PM at the March 12, 2013 Planning Commission meeting and a City Attorney in attendance at that meeting indicated that my comments pertaining to the project's Negative Declaration were unable to be considered because they were not provided before 4:00 PM. Please note that Amy Stonich, contacted me at work kindly asking me for any comments I may have. I informed her that I would send comments which I did via electronic mail on Tuesday, March 12, 2013 at 9:23 AM. On Thursday, March 14, 2013 at 10:45 AM I received a return e-mail stating in part "The e -mail system was unable to deliver the message, but did not report a specific reason." I have been informed by neighbors that the City requires some type of electronic mail address Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 registration before it accepts e -mail. For the record, I have received e -mail from Tustin staff on numerous occasions with regards to planning related matters and successfully replied with acknowledgement by Tustin staff of my replies. The City's agendas and agenda reports do not indicate to the public that registration on the City website of an e- mail address is necessary in order to communicate with staff. Therefore, based on my past experience with electronic communication with Tustin staff and an absence of notification of Tustin's electronic mail registration procedures, I had a full expectation that my comment letter would be received by the City in advance of the March 12, 2013 Planning Commission meeting. Therefore, a substantial legal argument exists that I provided my comment prior to a 4:00 PM deadline. Furthermore, the record shows my intent to provide comments to staff and the Commission in advance of the start of the meeting. 2. Staff report, Page 2 — The report notes updated amendments including "Revised General Plan Goals and Policies." What is the reason for updating the goals and policies? Is there a reason why LU Goals 1 &2 are different in Resolution No. 4210 and Ordinance No. 1429? 3. Staff report, Page 2 - The General Plan consistency purported may not be met depending on the intent of some code additions proposed. For example see comment 12. Resolution No. 4210 Comments: 4. Resolution 4210, Recital I. A. — The March 12, 2013 staff report states the purpose of the code update is much more than stated in the recital. The full purpose should be stated in Recital A. Most importantly, the incorporation of policy practice, use determinations, and definitions new to the zoning code should be noted. 5. Resolution 4210, Recital II. — Only three General Plan consistency statements are provided. The whole of General Plan Goal and Policies may not be met depending on the intent of some code additions proposed. For example see comment 12. Draft Ordinance No. 1429 Comments: 6. Recital I. G. and H. — The correct dates should be inserted. At the April 9, 2013 Planning Commission meeting, the date of the Council meeting should be noted for the public. 7. General Comment — Many of the changes to Draft Ordinance No. 1429 recommended in my March 12, 2013 letter were not implemented into the ordinance by staff. Please note that lack of comment within this letter does not mean that I retract my prior comments. 8. 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. 9. 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 cause the zoning ordinance to allow live entertainment to occur on an almost unlimited basis for any non - profit event. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 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. Currently the live entertainment exemption under Article 3 is: "For entertainment conducted or sponsored by any religious organization or by any bona fide nonprofit club, society, or association, organized or incorporated for benevolent, charitable, dramatic, or literary purposes having an established membership and which holds regular meetings other than such entertainment at regular intervals, when the proceeds, if any, arising from such entertainment are used for the purposes of such club, society, or association;" The zoning code currently requires a Conditional Use Permit for such uses. Rather than change the zoning code, Section 92780b(3)(e), Article 3 should be amended to note a Conditional Use Permit requirement for any outdoor live entertainment. With the addition, the following Negative Declaration Thresholds may not be property addressed: • Land Use and Planning, Threshold XVII c, - There would not be a balanced land use pattern, sound planning, compatible development with surrounding uses, or a healthy community. • Public Services, Threshold XII a, - Per proposed section 9270 b (3)(e), almost unlimited live entertainment could cause a strain on existing public services. • Noise, Threshold X a), c) and, d) Noise from 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 a given vicinity of musical entertainment would occur. Rather, a reasonable argument exists that such non - mitigated impacts would occur. • Mandatory Findings of Significance Threshold XVII c) - A proliferation of undefined musical entertainment for nonprofit entities could have citywide cumulative impact implications. 10. 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 an 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." Attachment 4 Comments: 11. Comment No. 1,5 — If some use determinations were made by minute order or by policy practice, how could a CEQA exemption have been determined? What methods does the Community Development Department utilize to set policy? Furthermore, were any policies or use determinations made based on a narrow set of site conditions or use circumstances that would not apply to a span of like zones or uses that are similar by Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 label but different in operation? Are the use determinations and policies now being proposed casting a larger net which would result in greater impacts necessitating analysis in the project's environmental document? 12. Comment No. 2 — Proposed to Section 9270b(3)(e) causes the zoning ordinance to exempt live entertainment, especially live outdoor entertainment. This change is a departure from consistency with the following General Plan Goals and Policies: • Policy 1.13: Preserve the existing low density character of North Tustin single family zoned neighborhoods. • GOAL 2: Ensure that future land use decisions are the result of sound and comprehensive planning. • Policy 4.3: Where mixed uses are permitted, ensure compatible integration of adjacent uses to minimize conflicts. • Policy 4.6: Maintain and enhance the quality of healthy residential neighborhoods, and safeguard neighborhoods from intrusion by nonconforming and disruptive uses. • Policy 6.4: Preserve and enhance the City's special residential character and "small town" quality by encouraging and maintaining Tustin's low density residential neighborhoods through enforcement of existing land use and property development standards and the harmonious blending of buildings and landscape. • Policy 54 Continue to enforce health safety and zoning codes to eliminate conditions which are detrimental to the health safety and welfare of residents. • GOAL 2: Incorporate noise considerations into land use planning decisions. • Policy 2.1: Adopt planning guidelines that establish acceptable noise standards for various land uses throughout the Tustin Planning Area. • Policy 2.4: Review proposed projects in terms of compatibility with nearby noise - sensitive land uses with the intent of reducing noise impacts. • GOAL 3: Develop measures to control non - transportation noise impacts. • Policy 3.1: Implement a review process of Tustin's noise ordinance, and City policies and regulations affecting noise. 13. Comment No. 3 — See Comment 4 above on page 4. 14. Comment No. 4 — The advertised March 12, 2013 Planning Commission Agenda notes "REGULAR BUSINESS: None." This agenda was improperly noticed because "CODE AMENDMENT 13 -001" was regular business that the public could speak to the Commission on. Had the agenda been advertised without stating that there was no regular business, more public attendance and participation could have resulted. Furthermore, I was told by Planning Commission Chair that there was no public meeting but then he let me speak anyway. Had I known that I would be cut off, I would have provided more succinct comments and focused on those matters most important to me on the topic at hand. Furthermore, others at the meeting may have volunteered to speak on Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 remaining points that I did not have time to address but the Chair again stated that it was not a public meeting and quashed others ability to present a speaker card and speak based on a false understanding of the process. Intent of the Brown Act was not accommodated as follows: the City likely gives persons of technical expertise the ability to speak longer on projects when they speak on topic regarding their expertise, especially when speaking in support of an applicant to inform the Commission of technical matters. I have technical expertise known to at least some members of the Commission in that I worked for the City of Tustin as a planner and am currently a practicing planner. Furthermore, the intent of allowing time limits on speakers is to prevent lengthy meetings due to large crowds with several persons wishing to speak and who which may repeat comments, keeping persons on topic, or preventing anyone from taking a meeting hostage. There were only about 5 people in attendance at the meeting. There was neither a large crowd nor a large agenda. I did not show intent to speak off topic in what I did say and not enough time passed to justify that I was taking the meeting hostage. Furthermore General Plan Policy 2.4 is to "Encourage citizen participation in planning and development of land use programs." How did hampering my time to speak further Policy 2.4? The reference to my employer is moot. Besides, I have witnessed my employer evaluating public speakers based on the limiting criteria I have described. Lastly, from a logical perspective, why would the City not take the time to re- notice the meeting as a safety precaution and allow the public the opportunity to speak? It would cost the City little as opposed to jeopardizing a legal challenge on procedural grounds. 15. Comment No. 6 -17 and 28 — Now that "Assembly Uses" and "Places of Assembly" are removed from the draft code update, the City response is moot except that the implications of the continued City position on the Wilcox Manner project being a Conditionally Permitable Use remain disturbing because the proposed party facility project is not a permitted use in the R1 district. Comments 1 and 5 of my November 6, 2012 letter to the City Council state: 1. The approval authority statement in the staff report is incorrect. The zoning does not allow the proposed use. The staff report states that the City Council may consider the proposed use /application pursuant to Tustin City Code (TCC) Section 9252j2(a)(2). However the statement is incorrect. TCC Section 9252j2(a)(2) only allows "All uses shall be permitted in the Cultural Resources Overlay District as are authorized in the underlying Residential District." Furthermore, "The City Council may also permit other nonlisted uses which support the purposes of the district as a conditional use following a public hearing and recommendation by the Planning Commission." (emphasis added) The project's single family residential (R1) district does not allow party facilities. But TCC Section 9233c12. conditionally permits "party facilities including birthday Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 party businesses" in the C2 zoning district. The C2 district also conditionally permits churches, fraternal organizations and lodges and, clubs and social halls. The R1 district also allows churches. Therefore, the proposed use is not authorized or nonlisted because omission of the "party facility" use mentioned in the C2 district means the use is acknowledged by the City but not allowed in the Rl district. Further bolstering this is the fact that churches are both contemplated uses and listed as conditionally permitted uses in both the R1 and C2 zone. Hence, there was careful intent in crafting the code by our City forbearers and the thought process envisioned should be honored by denying the application. Given that the use is not allowed by the code, any policy created to allow the use for nonprofit events use should also be invalidated by the Council. If the council wishes to establish a policy or new code for nonprofit events, careful consideration should be given to the parameters to which the policy would apply, not just to allow unlimited events. A good start would to be basing the policy on very accurate findings linked to the Cultural Resource District. If the City has any intent to approve this use the proper application should be a General Plan Amendment(s), Zone Change to R3, Zone Text Amendment, Environmental Impact Report for disclosure of citywide impacts of such uses in R3 zones and their associated off -site parking lots. 5. The Planning Commission findings and recommendation that the proposed outdoor event use supports the purposes of the CR district is inadequate. The following response correlates to the bulleted findings on page 13 of the staff report as follows: Bullet 1 — As the application was originally proposed, introduction of persons to Tustin's historic resources would be focused on the outside of the applicant's house. Evidence is not apparent in the record to show that fostering of knowledge, understanding, and appreciation of Tustin's past would occur to any more extent as a result of a for - profit party facility on -site. Bullet 2 — Sufficient evidence has been provided that creates a nexus between how an outdoor party facility would complement the historic structure and promote the identity of Old Town Tustin. Bullet 3 — Enjoyment of the property from the parties would be outdoors and primarily to those paying and/or invited. Some persons could see the property as a detriment to the historic property via association with the use if problems arise. Bullet 4 — See denial reason #4 above. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 Bullet 5 — The use may be conditioned to reduce potential conflicts between the events and the surrounding Cultural Resource District but it could not avoid conflicts. Significant evidence exists to question if the project could reduce impacts in CEQA terms below a level of significance without mitigation measures (specifically noise). Furthermore, in addition the above, the Planning Commission recommended approval of Wilcox Manor is invalidated as follows: • The application was allowed to proceed to the Planning Commission without the party facility identifying a fixed off -site parking location. This is a direct violation of public disclosure procedure. The legal notice needed to disclose a fixed site location to even present the proposal. The application was not complete without such information. Persons near any associative parking lot will also need to receive notice of the project. • The Planning Commission relied on false information from the City Attorney in attendance at the Planning Commission meeting. The false information was the basis for the Commission's recommendation of conditional approval of the party facility to the City Council. The City Attorney in attendance at the Planning Commission Meeting essentially stated that the City could approve the proposed party facility with a condition that would cause the use to terminate whenever the facility operators were done with the use. In other words, the use could not transfer to another operator. The information provided by the attending City Attorney was wrong. • The applicant proposed significant revisions to the project after the Planning Commission provided their recommendation. Under the Tustin City Code, such changes necessitated a new review by the Planning Commission. However, no such new review was conducted and the matter of the party facility application was agendized for City Council consideration. 16. Comment No. 21, 39 — The context of the parking section of the code applies to parking regulations and has no bearing on permitting a land use in any given zone. There is no confusion. A party facility such a Wilcox Manor could also fit into an interpretation of the parking requirements for "Nightclubs and dance halls" or "Restaurants, cafes, cafeterias, lounges, or similar establishments at which the consumption of food and beverages occurs primarily on the premises." The decision for what parking ratio most accurately meets the need of a party facility is ultimately up to staff based on parking data but the decision to implement an "assembly use" as a new land use not before listed in a given zone is another matter. Furthermore, consistent with the City's logic in Response Comment No. 17 that states that definitions are typically at the end of each section of the Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 TCC, parking regulations are applicable to the parking regulations section of the code and do not imply that they allow any particular land use in any particular zone. 17. Comment No. 23 — "Party facilities including birthday party businesses" is already codified as a Conditionally Permitted Use in the C2 district. The listing of the use in the TCC stands on face value. Wilcox Manor is a party facility, a use only allowed in the C2 district 18. Comment No. 30 — Staff states that the undergrounding of overhead lines is not required for single family residential uses. Please explain in greater detail. Furthermore, aesthetics are subjective and some historic preservationists prefer to have overhead lines in a historic neighborhood because they feel that it preserves the history and character of the historic neighborhood. Please explain the implications of enforcing Section 9271b2 in Old Town Tustin. 19. Comment No. 31 - The code update allows the Public Works Department to determine site distance standards. Staff has stated that Public Works uses a County Standard. The standard should be codified. Why is the standard on a case by case basis and not applied uniformly? 20. Comment No. 32 - 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. Exhibit A Comments: 21. My comment remains that, 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. 22. Exhibit A contains a column header titled "Currently in the Code." The City's presentation of what is currently in the code is much different than what I envision as being in the code and may be confusing to decision makers at the City. I don't believe that uses mentioned in other parts of the TCC necessarily imply a direct relationship to uses currently in the zoning code section of the TCC. I don't believe that combining uses to create a new broader use is necessarily an equivalent use and by doing so, the intent and specificity of individual uses is lost. I don't believe that uses mentioned in the parking code are implied to be listed uses in any one zoning district for land use regulation purposes. I don't believe that assembly uses merit their own broad zoning category. I don't believe that prior use determinations or policy practices automatically Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 qualify for mandatory acceptance of such policy or determinations as being implemented into the TCC. I believe that Planned Community Documents are allowed under the TCC but that they don't cause uses to be considered to be part of the TCC. I don't believe that uses accepted as accessory uses under the TCC make a nexus for considering them to be primary uses. I don't believe that minute orders qualify as uses currently in the code. 23. Exhibit A contains a column header titled "Assembly Use Yes/No." I believe the column confuses the intent of the Exhibit which should exclusively be to disclose what uses exist as regulated land uses in a zoning district in the code, what uses are implemented to be consistent with state law, and what uses incorporate use determination or policy. Thank you for your consideration of the above. Regards, Chad Ortlieb ATTACHMENT E City Staff's response to comments received February 26, March 12, and April 9, 2013 City Council Report Ord. No. 1429 (CA 13 -001) May 7, 2013 CITY OF TUSTIN Response to Comments Received February 26, 2013, March 12, 2013, and April 9, 2013 at Planning Commission Meetings Introduction: The following are responses to the extensive written comments received at the February 26, 2013, March 12, 2013, and April 9, 2013, Planning Commission meetings, some of which relate to alleged environmental impacts and others which do not. The Initial Study found that no significant environmental impacts would occur by the proposed Code Amendment and thus, a Negative Declaration was prepared. A "significant effect on the environment" is defined by the California Environmental Quality Act as an adverse change in the physical conditions within the area affected by the Code Amendment. If a "fair argument ", based upon substantial evidence can be made that such a significant effect may occur, an Environmental Impact Report is required. This is the case even if there is substantial evidence that no significant effect may occur. In order to constitute substantial evidence, an opinion that a significant effect may occur must be supported by facts. However, most of the late -filed comments that were received are conclusionary and not supported by facts. Some of the comments did point out potential ambiguities in the Code Amendment noting that the commenter does not understand the provision of the law so a change and /or revision has been made. As has been stressed on several occasions, the primary purpose of the Code Amendment is to codify past practices and policies, to better organize the Zoning Code and to ensure consistency with the City's General Plan, not to make changes in uses permitted within Zoning districts or the standards applicable to such uses. 918719.1 Public Comments received February 26, 2013 (oral input) At the Planning Commission meeting on February 26, 2013, there were oral comments received from Chad Ortlieb. The following is a list of the comments and City staffs response provided at the public hearing on April 9, 2013: Comment No. Section Comment (abbreviated) City Response 1 Section 4316 The statement "in the event that the City of Tustin discontinues the collection of commingled solid waste..." should be removed. A second comment indicated that the definitions should be reorganized to a single section. Page 1 of Draft Code Amendment This particular section was implemented into the Tustin City Code following State Assembly Bill 939 for the California Integrated Waste Management Act of 1989. On September 7th, 1993, the City Council adopted Ordinance No 1111 to implement State requirements. However, staff has found that this section should more appropriately be relocated to the solid waste section of the Tustin City Code. Minor updates have been provided for consistency with new State Water quality requirements. For example, a solid roof or awning is now required on trash enclosures based on State requirements. 2 Section 9223 If a structure is in, for example, the R1 District, however it does not meet the site development standards for that district, it might not be permitted and should be noted as legal non - conforming. It should be noted that Section 9273 Legal Nonconforming Structures and Uses was recently updated in the Zoning Code. This section includes provision allows a lawfully established structure or use to be continued even if it does not conform to current applicable regulations for the district in which the particular structure is located or a use is made. This code amendment will not change allowable uses nor will it change site development standards, therefore it is not anticipated that structures or uses would become nonconforming. 3 9232 Comment received indicated that the term "assembly use" will replace "fraternal organizations and lodges" in the C1 commercial district. Fraternal organizations and lodges as well as clubs and social halls are currently listed as conditionally permitted uses in the commercial districts. Staff has revised the proposal to combine these terms as an "assembly use" and will keep these uses listed separately. Therefore, there is no change to the proposed Zoning Code update. 2 918719.1 Comment No. Section Comment (abbreviated) City Response 4 Clarification was requested between the terms "assembly use" versus party facility. In 1988, a use determination was made by the Planning Commission that a birthday party business is similar to a social hall and may be permitted in the C2 district subject to a Conditional Use Permit. This use was codified with the previous Zoning Code amendment in 2010. No changes are proposed as part of this Code Amendment and it should be noted, that these uses are for indoor use only. 3 918719.1 Response to comments received March 12, 2013 (44 written comments) At the Planning Commission meeting on March 12, 2013, there were 44 written comments received from Chad Ortlieb. The following is a list of the comments and City staffs response provided at the public hearing on April 9, 2013: Comment No. Section Comment (abbreviated) City Response 1, 5 Staff report pg. 2, Reso. No. 4210 Sec. II Incorporation of Use Determination may not meet CEQA level analysis An Initial Study was prepared which considered the potential impacts of the proposed Code Amendment. As a result of the study, a draft Negative Declaration was prepared based on the finding that the proposed project could not have a significant effect on the environment. The Code Amendment is not proposing any changes in current use determinations or those that have been approved previously, nor does it significantly modify the latitude by which such use determinations can be made by either the Director or the Planning Commission. Prior use determinations were made by the Director and /or Planning Commission that certain uses were consistent with the intent and purpose of the applicable Zoning district and were determined at that time to be exempt under CEQA. The current Code Amendment is a "clean up" ordinance to incorporate these previous determinations. Incorporating these previous determinations has been fully considered in the Initial Study and Negative Declaration. 2 Staff Report Pg. 3 General Plan consistency statements may not be met There is substantial evidence in the record that the Code Amendment is consistent with the General Plan. In addition, the City of Tustin General Plan Consistency and Conformance Goals and Policies have been revised: LU Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. 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 electricity, natural gas, and communication service systems. 4 918719.1 Comment No. Section Comment (abbreviated) City Response 3 Resolution No. 4210 I.A Full purpose of the code update should be stated in Recital A The purpose of the proposed Code Amendment is to incorporate text amendments to organize the Zoning Code using an updated format, incorporate legal updates and changes to reflect California State Law, and update terminology and definitions. The Code Amendment is attached to Resolution No. 4210 for the public record. A staff report with additional detail is provided as well as an Initial Study with proposed Negative Declaration which provides an analysis and discussion of the proposed Code Amendment. 4 Resolution No. Assertion of Brown Act violation - Not City Attorney Response to Brown Act Question: Mr. Ortlieb contends that the 4210 I.G permitted to finish comments and was asked to put comments in writing Planning Commission violated the Brown Act when he was asked to discontinue speaking. The Brown Act (Govt. Code section 59454.3) authorizes the Planning Commission to establish reasonable regulations limiting the amount of time for each speaker. The Planning Commission's time limit is three minutes. Mr. Ortlieb was permitted to speak for four minutes, forty -five seconds. In addition Mr. Ortlieb was invited to speak again at the public hearing but did not avail himself or his opportunity. Courts have upheld time limits as little as two minutes. Mr. Ortlieb's own employer, the City of Orange, has a three minute limit. There are some exceptions in which due process may require the Planning Commission to allow a person to speak longer, such as when a person's vested property right is impaired, such as when the Planning Commission is considering revocation of a Conditional Use Permit, but that is not the case here. There is no Brown Act violation. 6, 7, 8, 9, Initial Study: If "assembly uses" are allowed, uses such as As indicated in the Initial Study, the Code Amendment's purpose is to ensure 10, 11, 12, Cultural Wilcox Manor could be allowed throughout consistency with the objectives, policies and general plan land use by 13, 14, 15, Resources (A), the City. Elimination of the Temporary Use incorporating updates in a more organized format to the Zoning Code and 16, 17, 28 Hydrology and Permit process for such party facility uses in further the City's General Plan policies, including Policy 12.3. Wilcox Manor is Water Quality residential zone could show intent to allow located within the R1 and abuts R3 properties to the north and south. Places of (Vllj), Land Use assembly uses by right or by another non- worship, schools, public and quasi - public uses are currently conditionally Planning (IXa,b), Noise codified policy. • A proliferation of uses such as permitted in the R1, RA, E4, Districts and uses including community centers, social halls, lodges, and clubs are also conditionally permitted in the R3 District (Xa,c,d), Public Wilcox Manor with outdoor dining of the Zoning Code. No new uses are being permitted in the residential districts Services (Xlla), events and unspecified waste of the City, nor are any changes being proposed that alter the requirement for 5 918719.1 Comment No. Section Comment (abbreviated) City Response Transportation/ Traffic (XVf), Ordinance No. 1429 Pg 52, Sec 9270b(3)(e) removal could cause substantial additional sources of pollution. • Elimination of TUP process for residential zones would further contribute to non - accomplishment of the General Plan Goals and Policies • Impacts would occur as a result of noise levels in the vicinity of assembly uses with musical entertainment. • Allowance of assembly uses could cause the need for additional code enforcement, police, and fire responses to such events. Section 9270b(3)(e) would allow unlimited live entertainment and cause a strain on public services. • Assembly uses could cause strain on public parking for such widely defined events • A proliferation of assembly uses with unrestricted musical entertainment could have citywide cumulative impact implications assembly uses to obtain a conditional use permit. Wilcox Manor applicants requested a CUP for outdoor event uses. They did so under a special provision and because the site is within the Cultural Resource (CR) District and Single Family Residential (R1) District. Pursuant to Tustin City Code (TCC) Section 9252j2(a)(2), the Tustin City Council may consider a proposed non - listed use of a property within the CR District when the use supports the purposes of the CR District, following a public hearing and recommendation by the Planning Commission. The purposes of the CR District are, as identified in TCC Section 9252a, to: Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage; Encourage public knowledge, understanding, and appreciation of the City's past; Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources; Provide the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City; Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City; Enhance property values and increase economic and financial benefits to the City and its inhabitants; Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district; Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. The Planning Commission recommended approval of the requested use to the City Council with conditions. The City Council will be considering this CUP in September 2013. This Code Amendment does nothing to affect the Wilcox Manor CUP. 17 Ordinance No. 1429 Pg 1 Sec 4316b Why are code definitions in this section? Is there a definitions section of the code that would be more appropriate The Regulation of Areas For Collecting and Loading Recyclable Materials was moved from the Zoning Code (Section 9275) to a newly added section of the Tustin City Code (added in Article 4, Chapter 3) for solid waste. The requirements remain in that the Zoning Code will reference and require conformance to Section 4316 et al. Minor updates based on recent water quality requirements were also incorporated into this section for conformance with State requirements. Consistent with the proposed Code Amendment, definitions are typically at the end of each section in the Tustin City Code. 6 918719,1 Comment No. Section Comment (abbreviated) City Response 18 Ordinance No. 1429 Various pages Section 9221 a, b, 9223a, b, 9235b, c, etc. A more appropriate statement would be expansion of uses or new construction would be allowed subject to the development standards and any legal nonconforming use or structures shall be allowed subject to the nonconformities' section of the code Nonconforming provisions apply unilaterally under the General Regulations to each zoning district. These requirements apply to all zoning districts and the provisions, which were adopted as part of Ordinance No 1397 in November of 2011. The Code Amendment does not propose changes to the site development standards or the Zoning Code's treatment of non - conforming uses. 19, 37, 43 Ordinance No. 1429 Pg 14 Sec. 9223b5.1 Pg 75, Sec 9291a Pg 83, Sec 9299b Section 9229 does not exist under a header "9229" There is no error in the proposed Code Amendment. The codified version will show the heading. Limitations of the Zoning Administrator are set forth in section 9299. The addition of the term "Zoning Administrator" to section 9291 will provide consistency with existing authority for review of discretionary permits. 20, 26 22, 25, Ordinance No. 1429 Pg 31, 36- 37, 32, 45 -46, 47 -48 Staff needs to outline which uses are added per state law, implemented as part of clarification /modernization, per policy /practice. Need to deliberate if "assembly uses" impacts were assessed. Reference Attachment 1 21, 39 Ordinance No. 1429 Pg 33 and 80 Regarding "assembly uses" (in Cl Conditionally Permitted Uses) and the new definition — this term was included in conjunction with Wilcox Manor by the applicant's attorney and in City staff reports. Concern that the CD Director may not require any City land use regulation in the future. "assembly uses" should not be a use considered for the new code nor should the definition of "Places of Assembly ". Such use was not reviewed in the Neg Dec and would not meet General Plan goals and policies "Places of assembly" is a term that is currently utilized in the Parking Regulations section of the Tustin City Code. A revision has been provided to remove the definition of Places of Assembly from the proposed Code Amendment as it appears to have confused the commenter. Also reference response to 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 28 7 91871 9.1 Comment No. Section Comment (abbreviated) City Response 23 Ordinance No. 1429 Pg 37 Note that party facilities including birthday party business is listed in C2 district as a conditionally permitted use. Any attempt to implement an assembly use needs to carefully differentiate between party facilities. Staff should provide a written analysis of why assembly uses are being added On January 9, 1989, a Use Determination (UD 88 -01) was heard at a Planning Commission public hearing wherein the Commission determined by minute order that a birthday party business is similar to a social hall and may be permitted within the C2 (Retail Commercial) District subject to the approval of a Conditional Use Permit. The incorporation of this use in the C2 District will codify the previous use determination that was made in 1989. 24 Ordinance No. 1429 Pg 37, Sec. 9234 C3 zone does not exist on the City zoning map. It should be eliminated from the code. There are currently no properties zoned C3 (Heavy Commercial) within the City of Tustin. The C3 District should remain in order to allow any new development or re -zone wherein the City desires to utilize these zoning standards. Therefore, the C3 section should remain. 27 Ordinance No. 1429 Pg 51, Sec 9270a The interpretation section of the code should not be deleted. If it is deleted, there is not specificity as to who is left with the authority to determine code ambiguity and the appeal process is jeopardized. Section 9270a Interpretation was moved to Section 9298 Interpretation and Enforcement (reference pg. 82, 83). The terms "interpretation" and "determination" were used in separate sections of the Code. In order to provide a more convenient reference and clearly define the difference between the two terms, the code sections were combined in Section 9298. The "Interpretation" section of the code was moved from 9270a to 9298c since a use determination and use interpretation are similar decisions that are subject to review by either the Community Development Director, Planning Commission or City Council. An appeal of a decision is subject to section 9294 of the Zoning Code. This section clarifies that any decision of the Community Development Director, Zoning Administrator, or Planning Commission may be appealed. Therefore, is it not necessary to incorporate the additional text to this section. 8 91871 9.1 Comment No. Section Comment (abbreviated) City Response 29, 42 Ordinance No. 1429 Pg 53, Pg 83 Sec 9298c "Approval of Temporary Uses" — The 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 eliminating future permitting options for party facilities such as Wilcox Manor The section should read "an appeal and /or by review authority under an entitlement under Planning Commission of City Council jurisdiction" The current Zoning Code allows temporary uses "in any commercial zone" (non - residentially zoned) except Professional Office (Pr) district. As noted, the Zoning Code does not allow temporary uses within residential districts. Amendments proposed to Section 9270b for approval of Temporary Uses would add Pr district to the list of non - residential property which can utilize the TUP process. Individuals within residential districts may be conducting temporary uses without the benefit or requirement of the permit when limited in nature. Specific regulations apply to residential districts for uses that are consistent with the residential community (i.e. garage sales TCC 3551, home occupation TCC 9271gg, etc). Excluding TUP's in residential districts in this Code Amendment will codify past practice and policy. 30 Ordinance No. 1429 Pg 54 "Utilities to be placed underground "— 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 Section 9271b2 was added to the Zoning Code after this section was unintentionally removed in a prior 2010 California Building Code update. This particular section was previously under the Building Regulations section of the Tustin City Code. It was necessary to re- implement it as part of the Zoning Code. Note that undergrounding is not required for single family residential use. The undergrounding of public overhead utilities is consistent with Policy 3.7 of the Tustin General Plan, to encourage the preservation and enhancement of public vistas, particularly those seen from public places; and Policy 8.6 to encourage planned improvements to electricity, natural gas, and communication service systems. Undergrounding utilities is an encouraged practice to alleviate the negative aesthetic affects that overhead utilities have within a community, especially one which is a historic cultural resource. Undergrounding also reduces the likelihood of fire caused by down utility lines, which could destroy the buildings in Old Town Tustin. There is no evidence to suggest that continuing to encourage the undergrounding of utilities will have any environmental impact on the character of Old Town Tustin. 9 9187191 Comment No. Section Comment (abbreviated) City Response 31 Ordinance No. 1429 Pg 56 Section 9271i(1)(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. The code requirement to require site distance compliance "subject to the Intersection Site Distance requirements as determined by the Public Works Department site development standards ", is based on the Orange County Resources and Development Management Department Standard Plan 1117 (Attachment 4). This standard is used by the Public Works Department to determine site distance on a case by case basis using this standard. The incorporation of this phrasing in the Code Amendment will allow reference to this standard and does not lead to standards being set at the "whim" of staff. This is a matter of public safety. 32 Ordinance No. 1429 Pg 57, Sec 9271i(1)(c) 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 prevention, safety response, aesthetics, and sound land use planning. The impacts were not analyzed in the Neg Dec and should not be deleted The 10 -foot minimum distance standard for accessory structures is proposed to be eliminated to allow flexibility for the placement of accessory structures (i.e. garages, carports, laundry, and recreation buildings). These structures remain subject to the accessory structure site development standards of each zoning district. However, there is no separation requirement otherwise found in the Zoning Code provisions for residential districts. Notwithstanding the deletion of this requirement, the fire code and building code requires that detached accessory buildings be 5 feet from the property line to avoid firewall requirements, however, structures may be less than 5 feet provided fire safety issues are appropriately addressed. Elimination of this requirement is not anticipated to result in any significant increase in either the number or size of accessory structures in that limitations on setbacks will remain subject to lot coverage restrictions. A definition for lot coverage has been proposed to be incorporated as part of CA 13 -001 for additional clarification. 33 Ordinance No. 1429 Pg 67, Sec 6271ff 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. A definition for eating establishment should be placed in the code The addition of the section "Operation of Uses" is intended to clarify the City's requirement that uses listed within each district section of the Zoning Code are to be conducted within the inside of a building. As is consistent with policy and practice, any outdoor use (including storage of materials, outdoor sales merchandise, outdoor restaurant seating, etc.), would be subject to additional requirements and review to ensure compatibility with surrounding uses, aesthetic compatibility, and sufficient parking. The incorporation of this requirement is anticipated to clarify Code requirements and policy practice and does not otherwise further restrict outdoor storage. 10 918719.1 Comment No. Section Comment (abbreviated) City Response 34 Ordinance No. 1429 Pg 68, sec 9271hh(a) Impacts from light pollution need to be quantified with a measurable unit and glare needs to be defined Light and glare restrictions were incorporated into the Zoning Code to ensure adequate limitations are provided regarding light and glare that may affect neighboring properties. Specific thresholds were not incorporated in the Zoning Code since 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. 35 Ordinance No. 1429 Pg 68, Sec 9271hh(a) Impacts from light pollution need to be quantified with a measurable unit and glare needs to be defined As indicated above, specific thresholds were not incorporated into the code. This section was added to provide regulations on light and glare for development and enforcement purposes. Typically, thresholds for light and glare are necessary during the environmental review of a project. The Governor's office of Planning and Research provide Thresholds of Significance, Criteria for Defining Environmental Significance and are utilized by the City in determining light and glare impacts. Therefore it is not necessary to include a threshold in the Zoning Code and the proposed incorporate of limitations is sufficient. 36 Ordinance No. 1429 Pg 70, sec 9272d(4) Who is the entity that would be otherwise authorized? A code reference to a process should be provided Section 9272d(4) was modified for consistency with timelines in which a project's entitlement is valid. Requests for extension are often received and may be considered by the Community Development Director. Reference to the Community Development Director has been added for clarification. 38 Ordinance No. 1429 Pg 79 Some definitions appear to be more than state law or policy based. Staff should disclose which category from the staff report for which the definitions are being added Several definitions have been incorporated to the Zoning Code including those for new uses, updated terminology, clarification through the use of figures, updates based on State Law, incorporation of new definitions based on policy practice, etc. 40 Ordinance No. 1429 Pg 82 "micro winery" Why is the definition needed? The ABC has definitions. Does the definition apply to tasting parties where the site owner owns a winery off -site? The "micro- winery" use was incorporated into the CR Overlay district as an authorized and encouraged use. It does not prohibit a micro -winery simply because the site owner owns a winery off -site. It is not clear what the commentator means by "tasting parties ", but the use of a micro -winery might include the site owner holding private wine tastings as long as otherwise consistent with the use. A specific definition of "micro- winery" is not currently defined in the Alcoholic Beverage Control license type. Therefore, a definition was incorporated to the Zoning Code to provide clarification on the use provisions. 11 918719.1 Comment No. Section Comment (abbreviated) City Response 41 Ordinance No. 1429 Pg 83, Sec9298b The "criteria for use determination" should have a lead in statement that states "As authorized by Tustin City Code Sections... " The "Criteria for use Determination" was updated to clarify the process to which a use determination is subject. This section clearly identifies that "use of any land or structure in any district" may be subject to the criteria and it would always follow that such use determinations would need to be made in accordance with the City Code. Therefore, there is no need to implement additional text as suggested. 44 Ordinance No. 1429 Pg 85 Under Business operations "conducted within view" would benefit from proving more parameters The text to include "business operations (including storage) conducted within view from public right of way" was added to the Zoning Administrator duties to allow flexibility and reduce the review requirements for projects. With the implementation of section 9271ff for Operation of Uses, it was necessary to provide a means of obtaining a more expedited and less costly review which is sufficient to analysis and ensure compatibility with surrounding uses. 12 918719.1 Response to Public Comments received April 9, 2013 On April 9, 2013, written comments were received at 12:54 PM prior to the continued public hearing from Chad Ortlieb. The following is a list of the (abbreviated) comments and City staff's response provided at the public hearing on April 9, 2013: Comment No. Section Comment (abbreviated) City Response 1 Mr. Ortlieb indicated that he tried to submit previous written comments in a timely manner but he received a message that the "email system was unable to deliver the message" The City utilizes an "Icebox" intended to reduce spam. An instant reply is sent indicating that a reply is necessary. Staff verified prior to beginning the public hearing on March 12, 2013, that there was no email in the "Icebox ". Mr. Ortlieb has sent numerous other emails to City staff, to whom he could have sent or copied the comments. As indicated by the City Attorney, the "attempt" does not qualify in CEQA timelines; it is incumbent on him to ensure delivery. 2 General Plan LU Goals 1 and 2 are different in Resolution No. 4210 and Ordinance No. 1429 Modification has been made to include both Land Use Goals in the Resolution and draft Ordinance 3 General Plan General Plan consistency purported may not be met There is substantial evidence in the record that the Code Amendment is consistent with the General Plan. In addition, reference to the City of Tustin General Plan Consistency and Conformance Goals and Policies have been revised. 4 Resolution No. 4210 The full recital of the purpose of the code update should be incorporated into Resolution No. 4210 The purpose of the proposed Code Amendment is to incorporate text amendments to organize the Zoning Code using an updated format, incorporate legal updates and changes to reflect California State Law, and update terminology and definitions. It is not necessary to state every single change proposed in the code amendment. Exhibit A of Ordinance No. 1429 contains a redlined document showing every change proposed in the Code Amendment. 13 918719.1 Comment No. Section Comment (abbreviated) City Response 5 General Plan Only three General Plan consistency statements are provided. The entire General Plan may not be met There is substantial evidence in the record that the Code Amendment is consistent with the General Plan. Findings have been made and incorporated into the Resolution and Ordinance for City Council consideration 6 Ord. No. 1429 Ord. No. 1429 Recital I G and H should include date of PC meeting Revisions have been made accordingly: That on March 12, 2013, the Tustin Planning Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the code amendment and at which time the Planning Commission continued the public hearing until April 9, 2013, at which the Planning Commission considered the Initial Study, Negative Declaration, such oral and written testimony submitted, the staff report, and adopted Resolution No. 4210 recommending that the City Council approve Code Amendment 13 -001 7 Many of the changes to Draft Ordinance No. 1429 recommended in Mr. Ortlieb's March 12 letter were not implemented Response to comments to the extensive written comments received at the March 12, 2013, were included in the staff report packet for public review. Some minor modifications were made to the draft Ordinance during the public hearing process based on input from the Planning Commission, the public, the City Attorney and staff. 8 Section 9233 Party facilities including birthday party businesses are listed only in the C2 district On January 9, 1989, a Use Determination (UD 88 -01) was heard at a Planning Commission public hearing wherein the Commission determined by minute order that a birthday party business is similar to a social hall and may be permitted within the C2 (Retail Commercial) District subject to the approval of a Conditional Use Permit. The incorporation of this use in the C2 District will codify the previous use determination that was made in 1989. No changes are proposed with this Code Amendment. 14 918719.1 Comment No. Section Comment (abbreviated) City Response 9 Section 9270a(3)(e) Section 9270a(3)(e) (for the presentation of live entertainment to be subject to a CUP) should remain as is This section was amended to provide consistency in code requirements and remove a conflict between code sections. A minor change was made in the draft Ordinance to clarify the reference. 10 Section 9298c Section 9298c (interpretation) should include additional wording for appeal The "Interpretation" section of the code was moved from 9270a to 9298c since a use determination and use interpretation are similar decisions that are subject to review by either the Community Development Director, Planning Commission or City Council. An appeal of a decision is subject to section 9294 of the Zoning Code. This section clarifies that any decision of the Community Development Director, Zoning Administrator, or Planning Commission may be appealed. Therefore, is it not necessary to incorporate the additional text to this section. 11 Reso. No. 4210 Sec. II If some use determination were made by minute order or by policy practice, how could CEQA exemption have been determined A Use Determination may be used in cases of ambiguity of use or structure. Specific findings are required to determine whether the use or structure would have an: a. effect upon the public health, safety and general welfare of the neighborhood; b. effect upon traffic conditions; c. effect upon the orderly development of the area in question d. All other pertinent facts If the project was not consistent with these findings, then additional CEQA review may be required. At the time that each use determination was considered, these findings were made. This code amendment is simply incorporating those uses into the Zoning Code. 15 918719.1 Comment No. Section Comment (abbreviated) City Response 12 Section 9270a(3)(e) Proposed Section 9270a(3)(e) causes the zoning ordinance to exempt live entertainment, especially live outdoor entertainment A CUP is required for live entertainment in Article 3. The proposed revision will not cause the zoning ordinance to exempt live entertainment from a CUP. As indicated in response 9, this section was amended to provide consistency in code requirements and remove a conflict between code sections. A minor change was made to clarify the reference. 13 Resolution No. 4210 Reference comment 4 The purpose of the proposed Code Amendment is to incorporate text amendments to organize the Zoning Code using an updated format, incorporate legal updates and changes to reflect California State Law, and update terminology and definitions. It is not necessary to state every single change proposed in the code amendment. 14 The agenda for March 12, 2013 notes "Regular Business: None ". This was improperly noticed because the CA 2013- 001 was regular business that the public could speak to the Commission on. The agenda for March 12th lists CA 2013 -001 as a Public Hearing Item. The public hearing was opened and there was an opportunity for the public to speak at the public hearing. It was not a Regular Business item. 15 Now that "assembly uses" are removed from the draft code amendment, the City response is moot except that the implication of the continued City position on the Wilcox Manor project being a Conditionally Permitted Use remain disturbing. The City Council will be considering this CUP in September 2013. If the proposed draft Ordinance is adopted by the Council, and if it was in place when the applicants for Wilcox Manor made their initial application submittal, they would still have needed to request a new Code Amendment themselves, or request a Conditional Use Permit under the same CR provisions for which they submitted their initial application. In no way would the Ordinance before the Commission this evening make any difference or modification to the Wilcox Manor application. 16 918719.1 Comment No. Section Comment (abbreviated) City Response 16 The context of the parking section of the code applies to parking regulations and has no bearing on permitting a land use in any given zone. A party facility such as Wilcox Manor could also fit into an interpretation of the parking requirements for "nightclubs and dance halls" or "restaurants"... The City Council will be considering this CUP in September 2013 (See also response 15 above). 17 Party facilities including birthday party businesses are already codified as a conditionally permitted use in the C2 district. A Use Determination (UD 88 -01) was heard at a Planning Commission public hearing. No change is proposed to party facilities. Reference the comprehensive Response to Comments for the March 12th letter. 18 Section 9271b2(a) Staff states that undergrounding of overhead lines is not required for single family residential uses. Section 9271b2(a) includes an exception of the requirement to underground utilities for "zones permitted for single family residential use" 19 Ordinance No. 1429 Pg 56 The code update allows the Public Works Department to uses a County Standard. This should be codified These standards are lengthy and since they are technical standards that are part of Public Works oversight, it is more appropriate that the reference to current Public Works standards be utilized. 20 Ordinance No. 1429 Pg 57, Sec 9271i(1)(c) The distance separation for detached structures is being eliminated. This is more than a matter of policy and it has broad reaching implications citywide. These structures will continue to be subject to a zoning review and permit and will need to meet Building Code and fire code setbacks before a permit will be issued 21 Comment remains that for those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with staff assessment of policy /practice and then determine if such uses were truly The Initial Study found that no significant environmental impacts would occur by the proposed Code Amendment and thus, a Negative Declaration was prepared. A "significant effect on the environment" is defined by the California Environmental Quality Act as an adverse change in the physical conditions within the area affected by the Code Amendment. 17 918719.1 Comment No. Section Comment (abbreviated) City Response addressed in the code update Negative Declaration In order to constitute substantial evidence, an opinion that a significant effect may occur must be supported by facts. However, most of the late - filed comments that were received are conclusionary and not supported by facts. Some of the comments did point out potential ambiguities in the Code Amendment noting that the commenter does not understand the provision of the law so a change and /or revision has been made. As has been stressed on several occasions, the primary purpose of the Code Amendment is to codify past practices and policies, to better organize the Zoning Code and to ensure consistency with the City's General Plan, not to make changes in uses permitted within Zoning districts or the standards applicable to such uses. 22 Exhibit A contains a column header titled "Currently in the Code ". The City's presentation of what is currently in the code is much different than what I envision The current Code Amendment is a "clean up" ordinance. The Code Amendment is not proposing any changes in current use determinations or those that have been approved previously, nor does it significantly modify the latitude by which such use determinations can be made by either the Director or the Planning Commission. An Initial Study was prepared which considered the potential impacts of the proposed Code Amendment. As a result of the study, a draft Negative Declaration was prepared based on the finding that the proposed project could not have a significant effect on the environment. 23 Exhibit A (Attached) Exhibit A contains a column header titled "Assembly Use Yes /No ". I believe the column confuses the intent of the Exhibit which should exclusively be to disclose what uses exist as regulated land uses in a zoning district in the code Exhibit A was prepared in response to Mr. Ortlieb's specific request in his comments received March 12th. 18 918719.1 EXHIBIT A Uses incorporated in CA 13 -001 a) a) C 0 N u C v w y �+ .c E a, a 0 Typed; Upate: C "'rre t Secondhand sales without pawn Provided clarification of retail sales vs. secondhand sales (i.e. antique stores, thrift stores, electronic stores selling used games, game devices) are allowed as permitted uses Yes (TCC 3521 et al. Business Regulations) No Instructional studios Combine similar uses (dance studios and martial arts studios) Pet grooming Yes Yes Incorporate policy practice to consider pet grooming as a service retail business Yes (Parking Code) a) L m 0 a, v C 0 C -o w Y E m a ea C 0 Y_ 0 C 0 u Car Wash Incorporate policy practice Yes Several are existing throughout all commercial districts No Drive -thru facilities Use Determination made by Planning Commission in 2010 to allow by CUP on case -by -case basis Yes No Large Recycling Locations Incorporate updates to terminology and based on State law Yes No Places of Worship 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 Public schools and uses Private schools Use Determination was made in 1986 to allow schools in First Street Specific Plan commercial district. Based on policy and practice, the use has been incorporated to all commercial districts Yes Yes Yes 1 EXHIBIT A Uses incorporated in CA 13 -001 of Updat the G =ode; Yes No Bulk merchandise sales Delicatessens Offices >50% GFA Furniture warehouse sales have been permitted in Yes No PC -IND districts based on previous Use Permitted in PC -IND Dist Determination (in 2004). This use was incorporated into the Planned Industrial District to provide consistency with the Use Determination Incorporate policy practice to allow small food No No 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 Incorporate policy practice to allow offices within Yes industrial districts subject to a CUP to ensure Offices are permitted as adequate parking and compatibility with an accessory use surrounding uses Sexually Oriented Businesses Sexually Oriented businesses are subject to TCC Yes 3912 and are permitted in PCMU, PC -C, PCC, M, TCC 3912 and PC -IND Districts in compliance with restrictions of that chapter. The incorporation of a SOB's into the Zoning Code is intended to provide u clarification of uses. N Indoor kennels and animal a boarding facilities On Nov. 5, 1979, the Planning Commission Yes No approved the use by minute order within the M District 2 EXHIBIT A Uses incorporated in CA 13 -001 ' c c o v u° o c Places of worship and assembly 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 No 3