HomeMy WebLinkAbout01 CODE AMEND 97-001 11-03-97DATE'
NOVEMBER 3, 1997
NO. 1
11-3-97
I n t e r- C o m
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
CODE AB~IENDMENT 97-001 (CITY OF TUSTIN)
:SU~iY:.::~:!:~de iAmendnuznt;9 7-001 ":O°Uld.identij~' home oCCuP~°~}i~ OUtright
~s~ ~Vithin~ th~ Plahhed ; Dm,elopntent Zoning DistriCt':~ :const~e~ i:~ ,vdh i!::!bt~r residenti~ ;:[a, ingl
~st~tS;::~: :;On:: OCtOb~; 1&:::199 7,}; the Planning:.; conzmiSsiOh r~~~d;:tlt~ ::the ; Ci~:: C6~hCili
RECOM~MENDATION
That the City Council:
1. Conduct a public hearing;
2. Adopt Resolution No. 97-103 approx~g the environmental determination for the project; and,
3. Introduce and have firSt reading of Ordinance No. 1189 approving Code Amendment 97-001 and
set for second reading at the Council's November 17, 1997 meeting.
FISCAL IMPACT
This is a City initiated project. The proposed amendment would not have any fiscal impact on City
resources.
REQUEST
AMENDMENT TO TUSTIN CITY CODE SECTION 9224b TO IDEI~WIFY HOME
OCCUPATIONS AS OUTRIGHT PERMrrTED USES WITHIN THE PLANNED
DEVELOPMENwr ZONING DISTRICT CONSISTENT WITH OTHER RESIDENTIAL
ZOI¥12NG DISTRICTS.
City Council Report
CA 97-OO 1
November 3, 1997
Page 2
BACKGROUND & DISCUSSION
Tustin City Code (TCC) Section 9224b identifies that all uses within the Planned Development (PD)
District are allowed with the approval of a conditional use permit (CUP). The intent of the PD District
is to provide for large scale residential developments such as apartments or condominium projects in a
comprehensive manner and maximize open'space.
In recent months, the Community Development Department has received several requests for home
occupations in developments within the PD District. However, home occupations are only allowed
with a CLIP which represents a significant disincentive for compliance with the City's requirements for
a business license to operate a home occupation. In all other residential districts, home occupations are
allowed as outright permitted uses.
Home occupations are defined as an occupation carded on wholly within a dwelling by an occupant of
the dwelling, as a secondary use,.in connection with the residence which there is no person employed
who is not a resident of the premises, no exterior display, no stock-in-trade or commodity sold upon
the premises (TCC 9297 Attachment A).
The proposed amendment would identify home occuPations within the PD District as outright
permitted uses consistent with other residential districts. Since home occupations are intended to be
secondary uses within residences, no construction or development is associated with reviewing a home
occupation that would warrant the level of review associated with a CUP envisioned for development
within the PD District. All activities would be located inside and would not alter open space or the
residential character of a particular development. The propoSed amendment would improve processing
times, provide greater customer service with consistent treatmeni throughout the City while easing
compliance requirements for obtaining a business license to operate a home occupation within the PD
District.
Daniel Fox, ~
Senior Planner
EAB:CA.97001
Attachments:
Community Development Director
Attachment A- TCC 9297; Home OcCUpation Definition
Initial Study/Negative Declaration
Resolution No. 97-103
Ordinance No. 1189
TUSTIN CITY CODE ZONING 9297
o.
"Home Occupation" means an occupation carried on wholly within a dwelling by an
occupant of the dwelling, 'as a secondary use, in connection with which there is: No person
employed who is not a resident of the premises, no exterior display, no stock-in-trade or
commodity sold upon the premises, no mechanical or electrical equipment used except such as
is customary for housekeeping purposes, no outside operations or storage, no alteration of the
residential appearance of the health, Safety or welfare of the general public, or which emits
smoke, dust, fumes, odors, vibrations, glare or electrical disturbances onto any other premises,
no activity which generates excessive pedestrian traffic or vehicular traffic or parking in
excess of that otherwise normally found in the zone, no Parking or use made of any vehicle over
three-fourths ton carrying capacity, no parking in the front yard, driveway or immediately
adjacent to the premises of any vehicle bearing any sign, identification or advertisement of the
home occupation. (Ord. No. 330, Sec. 2B)
"Hotel"-See Motel. (Ord. No.. 157, Sec. 11.26) ~
"Improvement" means any building, structure, parking facility, fence, gate, wall, land-
scaping requiring a buila~=g permit constituting a physical betterment of real property, or any
part.of such betterment. (Ord. No. 1001, Sec. 3, 6-20-88)' ,
~'Junk Yard" means more than one hundred (100) square feet of the area of any lot used
f;r the storage of junk, including scrap metals, salvage or other scrap materials, or for the
dismantling or "wrecldng" of automobiles or other vehicles or machinery, whether for Sale or
storage. (Ord. No.157, Sec. 11.27)
"Kennel" means any lot or premises on which more than three (3) dogs, cats or similar
small animals, more than three (3) months of age are kept, boarded, or trained, whether in
Special buildings or not. (Ord. No. 352, Sec. 1)
'"Large Family Day Care Home" means a family dwelling unit, non-institutional in char-
acter, properly licensed by the County of Orange, which provides day care only, for a maximum
of twelve (12) children ages eighteen (18) years .or younger, including the licensee's own
children under the age of twelve (12). (Ord. No. 911, Sec. 7, 5-21-84)
"Lot"-See Building Site. (Ord. No. 157, Sec. 11.28) ...
·
"Lot Front" means the narrowest dimension of a lot fronting on a street. (Ord. No. 157,
Sec. 11.29)
"Lot Line" means a line separating the frontage from a. street; the side from a street or
adjoining property; the rear from an alley or street, or adjoining property. (Ord. No. 157, Sec.
11.31)
"Lot, Through" means a lot having frontage on two (2) parallel or approximately parallel
streets. (Ord. No. 157, Sec. 11.32)
"Lot Side" means any lot boundary not a front or rear lot line. (Ord. No. 157, Sec. 11.30)
REV: 7-94
LU-2-85
NEGATIVE
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial way, Tustin, CA 927.80
Gl'O 573-3105
DECLARATION
Project Tide:
Project Location:
CODE AMENDMENT 97-
PLANNED DEVELOPMENT (PD) ZONING.DISTRICTS, CITYWIDE.
' Project Description:
Project Proponent:.
Lead A~ency Contact Person:
ADD HOME OCCUPATIONS AS OUTRIGHT PERMITTED '
·
.
DANIEL FOX, AICP
Telephone: (714) 57§-3115"
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 heieby finds:
[-~ That there is no substantial evidence that the project may have a sigrdficartt effect'on the
environment. '
---I 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 mitigat~ 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 0fTustin. The public is invited to comment on the
appropriateness of this Negative Declaration during the review period, which begins xvith the public
notice of Negative Declaration and extends for twenty (20) calendar days. Upon revieW by die
Community De.velopment Director, this review period ma), be extended if deemed necessarx,.
REVIEW PERIOD ENDS 4:00 P.M. ON NOVEMBER 3, 1997
__
Elizabeth A. Binsack
Community Development Director
NEGDEC.PM5
3704.A
COMMUNITY
DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 573-3105
INITIAL STUDY
.A.
BACKGROUND
Lead Agency: City of Iustin
300 Centennial Way
·
Tustin, California 92780'
Lead Agency Contact Person: 'l~.'~
Project Location:
· . .
Project Sponsor,'s Name and Address:
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Project Description:
burroundmg uses: .
A/3
South ~,j/~5~-
Other public agencies whose approval is required:
O Orange County Fire Authority
[--I Orange CoUnty Health Care Agency.
~ South Coast Air Quality Management
District
[2] Other
City oflrvine
City of Santa Ana
Orange County EMA
· - 1
Be
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
·
The environmental factors checked below would be potentially aff'ected by this project, involving
at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in
Section D below.
Land Use and Planning [] Hazards
Population and Housing [] · Noise
Geological Problems [-i Public Services
Water U] Utilities and Service Systems '
Air Quality []' Aesthetics
Transportation & CircUlation [Z] Cultural Resources .
Biological ResourceS; [Z] Recreation
Energy and Mineral Resources [~ ' Mandatory Findings of Significance
Co
DETER~/IINATION:
· Oh the basis of this initial evaluation:
·
·
·
:~ I find that the .proposed proj~,'t COULD NOT have a significant effect on' the environment, and a NEGAIIVE
DECLARATION will be pmxpared.
I find that although the proposed project could have a significant effect on the environment, there ,aSII not be a
si~cant effect in this case because the mitigation measures described on an attached sheets have b~n added to the
'project A NEGATIVE DECLARATION will be prepared.
· .. . .
I find that the proposed pi'oj .eg-'t MAY have a significant effect on the environment, and an ENVIRONMENTAL
IN;IPACT REPORT is required.
·
I find that the proposed project MAy have a significant effect(s) on the environment, but at least one effect 1) has been
adequately ana132ed in an earlier document pursuant to applicable legal slandards,, and 2)has been addressed by
mitigation theasures based on the earlier analysis as described on attached sheets, if th6 effect is a "Potentially
Significant Impact" or "Potentially Sign/ticant Unless Mit/gated." An ENVIRO~NT~ IMPACT REPORT is
required, but it must ana157.e only the effects that remain to be addressed.
·
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 all potent/ally si~cant effects 1) have been ana157..ed adequately in an earlier
EIR pursuant to applicable standards, and 2) have been avoided or'mitigated pursuant to that earlier EItL including
rm,isions or mitigation reinsures that are imposed upon the proposed project '
·
I lind that although the propos,~.d project could have a significant effect on the environment, there .WILL NOT be a
significant effect in this case because ali potentially significant effects 1) have been analyzed adequately in an-earlier
NEGATIVE DECLARATION pursuant to appI. ica. ble standards, and 2) have been avoided or mitigated pursuant to
that earlier'NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the
proposed project '
Signature'S. ' ¢ .'
Print Name
'Date
o.
D.
ENVIRONMENTAL
Earlier analyses used:
IMPACTS'
Available for review at: City of Tustin Community
Development Department
1. LAND USE & PLA.NNING - Would the proposal:.
a) Conflict with general plan designation or zoning?
b) . Conflict w4th applicable em4ronmental plans or policies
adopted by agencies ,z4th jurisdiction over the project?
c) Be incompatible ~4th existing land uses in the viciniB,?
d) Affect agricultural resources or operations?
e) Disrupt or dixfde the physical arrangement of an
established community (including a low-income or
minority commmty)?
2. POPULATION & HOUSING - Vrbuld the proposal:
a) Cumulatively exceed official regional or local population
projections?
b) Induce substantial growt_h in an area either directly or
indirectly (e.g., through projects in an undeveloped area
or emension of major infrastructure)?
c) Displace existing housing, especially affordable housing?
GEOLOGIC PROBLEMS - Would the proposal result in or
expose people to potential impacts involving:
a) Fault rapture?
b) Seismic ground shaking?'
c) Seismic ground failure, including 14. quefaction?
d) Seiche, tsunami, or volcanic h~?~rd?
e) Landslides or mudflows7
f) Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill?
g) Subsidence of land7
h) Expansive soils7
i) Unique geolo~c or physical features7
4. WATER - Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff?.
b) Exposure of people or property to water related hazards
- such as flooding7
c) Discharge into surface waters or other alteration of
surface water quality (e.g., temperature, dissolved ox3'gen
or turbiclity)7
d) Changes in the amount of surface water in any water
body7
e) Changes in curt. ents; or the course or direction of water
movement~?
Potentially
Significant
Jmpact
Po~entiallv
Significant
Unless
.h~itig ation
]ncorporaled
Less than
Significant
Impact
No Jmpact
0
0
0
0
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0
[3
: 0
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0
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0
0
0
0
0
0
0
0
0
0
0
0
0
.0
0
0
0
0
0
0
0
0
.0
0
0
0
0
[3
[3
0
El
[21
8:
a)
b)
c)
d)
1') Change in the' quantity of ground ,a~aters, either through
direct additions or withdrawals, or through intercept/on
of an aquifer by cuts or excavations or through
substantial loss of groundwater recharge c~pability?
g) Altered direction or rate o£flow o£groundwater7
h) Impacts to groundwater quality?
i) Substantial reduction in the amount of groundwater
otherwise available for public water supplies~
·
AIR QUALITY - V~buld the proposal:
Violate any air quality standard or contribute to an
existing or projected air quality xdolation?
Ex-pose sensitive receptors to pollutants?
Alter air movement, moisture, or temperature, or cause
any change in climate7
Create objectionable odors7
TRANSPORTATION & CIRCULATION. V~ouldthe
proposal result in:
a)
· b)
Incr&ased vehicle trips or traffic congestion?
Hazards to safety from design features (e.g., sharp curves
or dangerous intersections) or incompatible uses (e.g.,
farm equipment)? . .'
c) Inadequate emergency access or access to nearby uses?
· d) Inmfficient parldng capacity onsite or offsite?
e) · Hazards or barriers for pedestrians or bicyclists?
f) Conflicts '~th adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
g) Rail, waterborne or air traffic impacts?
BIOLOGICAL RESOURCES - ~ould the proposal result
in impacts to: .
a) Endangered, threatened br rare species or their habitats
(including but. not limited to plants, fish, insects,
animals, and birds?
b) Locally deWgnated species (e.g., heritage trees)?
c) Locally designated natural communities (e.g., oak forest,
coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian, and vernal pool)?
e) Wildlife dispersal or migration corridors?
ENERGY & M/NERAL RESOURCES -.V~ould the
proposal:
a) Conflict with adopted energy conservation plans?
b) Use nonrenewable resources in a wasteful and inefficient
manner?
c) Result in the loss of availability of a kno~m mineral
resource that would be of future value to the region?
Polenliall. v
Significant
Impact
J:>olcnliallv
Significant
Unless
A4iligation
Incorporated
Less than
Significant
Impact
No Impact
ID
0
0
0
0
0
E~
Polcntially
Jmpocl
Signi fican!
Unlexs
3~itigation
Jncorporated
Less than
Significant
]mpact
No Jmpact.
HAZA. R.DS - Would the proposal involve:
·
a) A risk of accidental explosion or release of ha?~rdous
substances (including, but not limited to, oil, pesticides,
chemicals, or radiation)?
b) Possible interference ~Mth emergency response plan or
emergency evacuation plan?
c) The creation of any health hazard or potential health
haT-rd?
d) Exposure of people to ~Ssting sources of potential health
ha?~rds?
e) .Increased fire hazard in areas ,vith flammable brush,
~ass, or trees?
10. NOISE - Would the proposal result in:
11.
a). Increases in existing noise levels?
b) Ex-pos'tire of people to severe noise levels?
PuBLIc SERVICES - Would the proposal have an effect
upon, or result in a need fo. r new or altered gove.rnment
services in an), of the following areas:
a) - Fire protection?
b) Police protection?
c) S~hools7
d) Maintenance of public facilities, including roads?
e) Other government sen4ces? ..
12. UTILITrl*.S & SERVICE SYSTEMS - Would the proposal
result in a nked for new systems or supplies, or substantial
alterations to the following utilities:
. .
a) Power or natural gas?.
b) Communications s3'stems?
c) Lbcal or re~onal water treatment or distribution
facilities?
d) Sewer or septic tanks7
'e) Storm water drainage?
f) Solid waste disposal7
g) Local or re~onal x~mer supplies?
·
13. AEsTttETICS - Would the proposal:
a) Affect a scenic vista or scenic highway?
b) Have a demonstrable negative aesthetic effect?
c) Create light or glare?
0
0
E]
[2
[2
[2
0
0
0
0
0
0
0
0
0
0
0
0
'[2
O
0
E]
0
0
0
E3
0
'[2]
0
0
0
E]
O
0
E]
0
E]
14. CULTURAL RESOURCES - l~'buld the proposal:
a) Disturb paleontological resources?
b) Disturb archa~logical resources?
c) Have the potential to cause a physical change which
would affect unique ethnic cultural values?
d) Restrict existing religious or sacred ,uses '~dthin' the
potential impa~ area?
15.
RECREATION - IFould the proposal:
a) Increase the demand for neighborhood or regional parks
or other recreational facilities?
b) Affect existing r"~zreational opportunities?
16. NL4.NDATORY FL-N~GS OF SIGAriFICANCE
b)
c)
d)
a)
Does the project have the potential to de~ade the quality
of the environment, substantially reduce th~ habitat of a
fish or wildlife spe. cies, 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 prehist°ry?
Does the project have the potential to achicwe short-term,
to the disadvantage of long-term, environmental goals?
Does the project have impacts that a.re individually
limited, but cumulatively considerable? C'Cumulatively
considerable" me~us that the incremental effects of a'
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects).
Does the project have emS. ronmental effects which will
cause substantial adverse effects on human beings, either
directly or indire,.~y?
Polcnliallv
.~i oo ni. fi canI
.Potcnlially Unless Less lhan
Significant 3(iligation Significant
Impact ]ncorporaled Impact
A:o Impact
O. 0 0 ~
0 '0 0 ~
E®
EVALUATION OF ENVIRONMENTAL IMPACTS
please refer to Attachment A for an evaluation of the environmental impacts identified in Section
D above. .
INITSTUD. PM5
3702A
ATrACttMENT A
EVALUATION OF ENWII1ONMENTAL IMPACTS
COMPREI~NSIVE REVISIONS TO SUBDIVISION CODE
BACKGROUND ·
The proposed "project" includes a minor amendment to Tustin City Code (TCC) Section 9224,
Planned Development (PD) District, to identify Home Occupations as an outfight permitted use
consistent with other residential zoning districts. Currently, TCC Section 9224(b)10 allows Home
Occupations in the PD District with the approval of a conditional use permit. The proposed
amendment in and of itself will not create significant environmental impacts. It does not have the
potential to degrade the quality of the environment. It will, in fact, improve consistency amongst
zoning regulations between all residential zoning districts and improve .efficiency within governmental
operations. The amendment does not have the potential to achieve short-term environmental goals to
the disadvantage of long-term environmental goals. The amendment has no environmental effects
which are individually limited but cumulatively considerable. Any environmental effects will not cause
substantial adverse effects to human beings, either directly or indirectly.
The proposed amendment is regulatory in nature. When future applications are submitted to the City
in compliance with these provisions, independent environmental review will occur at that time.
Source:
Tustin General Plan
Tustin City Code
'lVfiti~ation/Monitoring Required: None Required.
DF:br:ca971env.
1 RESOLUTION NO. 97-103
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR CODE AMENDMENT 97-001 INCLUDING
REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as
follows:
The City Council finds and determines as follows:
a.
Code Amendment 97-001 is considered a "project"
pursuant to the terms of the California
Environmental Quality Act.
A Negative Declaration has been prepared for this
project and has been distributed for public review.
C .
Whereby, the Planning Commission and City Council
of the City of Tustin have considered evidence
presented by the Community Development Director and
other interested parties with respect to the
subject Negative Declaration.
D .
The 'Planning COmmission and City Council have
evaluated the proposed final Negative Declaration
and determined it to be adequate and complete.
II. A Final Negative Declaration has been completed in
compliance with CEQA and state guidelines. The City
Council, having approval authority for Code Amendment 97-
001, has received and considered the information
contained in.the Negative Declaration, prior to approving
the proposed project, and found that the Negative
Declaration adequately discussed the environmental
effects of the proposed project. On the basis of the
initial study and comments received during the public
review process, the City Council has found that the
proposed projects would not have impacts on the
environment.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 3rd day of ~ovember, 1997.
JEFFERY M. THOMAS
MAYOR
PAMELA STOKER
CITY CLERK
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ORDINANCE NO. 1189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING AN AMENDMENT TO TUSTIN CITY CODE
SECTION 9224b, PLANNED DEVELOPMENT DISTRICT, TO IDENTIFY
HOME OCCUPATIONS AS OUTRIGHT PERMITTED USES CONSISTENT
WITH OTHER RESIDENTIAL ZONING DISTRICTS.
The City Council of the City of Tustin does hereby ordain as
·
follows:
Section I
The City Council finds and determines:
a,
That an amendment to Tustin City Code Section 9224b,
Planned Development District,. has been 'prepared to
identify Home Occupations as outright permitted uses
consistent with other residential zoning districts.
B o
That a public hearing was duly noticed, called and held
on said application on October 13, 1997 by the Planning
Commission and November 3, 1997 by the City Council.
Co
It has been determined that this project would not have
a significant effect on the environment and a Negative
Declaration has been Prepared.
D,
E ,
The proposed amendment is regulatory in nature and would
provide consistency for the application and processing of
Home Occupations within other residential zoning
districts throughout the City.
The proposed amendment is consistent with the General
Plan, particularly the Land Use Element by ensuring
consistency between.the General Plan and the Zoning Code.
Section II
Section 9224b of the Tustin Zoning Code is hereby amended to
read as follows:
b ,
Conditionally Permitted Uses
Any use permitted in any "R" District is permitted in the
Planned Development District (PD) , subject to a use
:::::::::::::::::::::::::::::::::::::::::: ::::: ::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ·:..:.:::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::: .:.:..:: -:-::: :-:.:.:.:-:.:.:.:.:-:-:.:.:-:.:..-.-.-:+:.:.:-:-: ::..: :.: :.:.:.:..:.:..:.:. · .:..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:::::: :..' :.: :.:.:.:..'::: .-.-.
Any application for a use in this district shall be
accompanied by complete development plans and architectural
sketches shoWing ~ site used for Planned development; the
character and use :~:~::::::::adjoining land, .the design and character,
general size, location and use of all buildings and structures
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Ordinance NO. 1185
Page 2
to be placed on the site, and the location and dimensions of
streets, parking areas and other uses. (Ord. No. 175, Sec 2).
.
Condominiums as defined in Section 1350 of the Civil
Code.
.
Community apartment Project as defined in Section 11004
of the Business and Professions Code.
o
Stock cooperatives as defined in Section 11003.2 of the
Business and Professions Code.
Bungalow courts.
5. Apartment houses.
.
One permanent resident manager's office devoted solely to
the rental of the dwelling units on the same parcel,
provided said office and surrounding grounds retain a .
residential character.
7. Accessory buildings.
.
Ail uses that are subject to a Conditional Use Permit in
the R-1 District.
.
Senior citizen developments, rest homes for the aged,
provided all provisions set forth for this district are
complied with.
~. ay nursery.
:i:i:i:i:i:i:i:i:i:!:i
12. ~!~.iii. iLarge family'day care homes, caring for seven (7) to
....... '['~'elve (12) children subject to the standards contained
in the R-1 District regulations, (Section 9223a6.)(Ord.
No. 911, Sec. 4, 5-21-84) .
denotes deleted text. Underline denotes new text.)
Section III
'If any section, subsection, Sentence, clause, phrase or
portion of this ordinance is for any reason held out 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,
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Ordinance No. 11~
Page 3
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 held on the 17th of November 1997.
JEFFERY M. THOMAS, Mayor
PAMELA STOKER, City Clerk
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TuSTIN )
ORDINANCE NO. 1189
PAMELA STOKER, City Clerk and ex-officio Clerk of the City.
Council of the City of Tustin, California, does hereby certify that
the whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Ordinance was duly~and
regularly introduced and read at the regular meeting of the City
Council held on the 3rd day of November, 1997 and was given its
second reading, passed and adopted at a regular meeting of the City
Council held on the 17th day of November, 1997 by the following
vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, City Clerk
Published: