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HomeMy WebLinkAbout06 CODE AMENDMENT 2017-002 (ORDINANCE NO, 1479)MEETING DATE: TO: FROM: SUBJECT: SUMMARY: Agenda !tern 6 AGENDA REPORT Reviewed: g City Manager Finance Director MARCH 21, 2017 JEFFREY C. PARKER, CITY MANAGER ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR CODE AMENDMENT 2017-002 (ORDINANCE NO. 1479), ACCESSORY DWELLING UNITS Code Amendment 2017-002 proposes to amend Article 9 Chapter 2 of the Tustin City Code, related to accessory dwelling units (formerly referred to as second residential units), in compliance with State law. On February 28, 2017, the Planning Commission adopted Resolution No. 4337, recommending that the Tustin City Council adopt Ordinance No. 1479, approving Code Amendment 2017-002. (Applicant: City of Tustin) RECOMMENDATION: That the City Council introduce and have first reading of Ordinance No. 1479, approving Code Amendment (CA) 2017-002 by amending Article 9 Chapter 2 of the Tustin City Code (TCC) to: 1) Continue to allow new accessory dwelling units of up to 600 square feet in size on any residentially zoned lot in the Cultural Resource (CR) District regardless of lot size; 2) Allow new accessory dwelling units on residential lots of at least 10,000 square feet in size in other residential areas of the City; and, 3) Allow new accessory dwelling units within existing single-family dwellings and existing accessory buildings in all single-family zones, pursuant to State law. And, set a second reading for the next City Council meeting. FISCAL IMPACT: CA 2017-002 is a City -initiated project, in response to requirements of State law. There is no direct fiscal impact to the General Fund. City Council Report March 21, 2017 CA 2017-002 Page 2 CORRELATION TO THE STRATEGIC PLAN: The proposed project furthers the objectives of the following Strategic Plan goals: Goal A: Economic and Neighborhood Development — The proposed project would enhance the vibrancy and quality of life in the community. Goal B: Public Safety and Protection of Assets — The proposed project would ensure Tustin is an attractive, safe and well maintained community in which people feel pride. APPROVAL AUTHORITY: The TCC Section 9295g authorizes the City Council to adopt Zoning Code amendments following a recommendation by the Planning Commission and a public hearing. BACKGROUND AND DISCUSSION: State Legislation On September 29, 2002, the Governor approved Assembly Bill 1866, which amended Government Code Section 65852.2, and required applications for second residential units (now referred to as accessory dwelling units) to be considered ministerially without discretionary review or hearing. On September 27, 2016, the Governor approved Assembly Bill No. 2299, which further amended Government Code Section 65852.2; and Senate Bill No. 1069, which also amended additional Government Code Sections, to facilitate the provision of affordable housing throughout California. Assembly Bill No. 2299 provides that any existing accessory dwelling unit ordinance that does not meet the requirements of Assembly Bill No. 2299 is null and void upon the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance. Government Code Section 65852.2 allows local agencies: to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed on the California Register of Historic Places; and, • to designate areas within the jurisdiction of the local agency where second units may be permitted. City Council Report March 21, 2017 CA 2017-002 Page 3 City Actions and Community Input In response to Assembly Bill 1866, the Tustin City Council adopted Ordinance No. 1271 on June 2, 2003, Ordinance No. 1271 established specific standards for second residential units and provided for the establishment of a second residential unit on a lot of at least 12,000 square feet in size and developed with a single-family dwelling as an outright permitted use in the Residential Estate (E4), Single Family Residential (R1), Duplex Residential (R2), and Multiple Family Residential (R3) zoning districts. Second residential units are completely independent living spaces and include cooking facilities (kitchens), and may be rented, as opposed to accessory guest rooms or guest houses which shall not include cooking facilities or be rented. In response to the public's interest in having and renting second residential units on lots of various sizes in Old Town Tustin, the City conducted public workshops on the subject of second residential units in Old Town Tustin on February 20, 2013, March 12, 2013, and March 11, 2014. Following several public hearings held by the Planning Commission and City Council, the Tustin City Council adopted Ordinance No. 1454 on September 15, 2015, to allow second residential units of up to 600 square feet on all residentially zoned lots in the CR District regardless of lot size, provide more flexible parking and development standards for second residential units, and prohibit additional detached guestrooms or guest houses in the CR District. Proposed Code Amendment 2017-002 Proposed Code Amendment 2017-002 would be consistent with newly adopted State law and would: 1) continue to allow new accessory dwelling units of up to 600 square feet in size on any residentially zoned lot in the CR District regardless of lot size; 2) allow new accessory dwelling units on residential lots of at least 10,000 square feet in size in other residential areas of the City; and, 3) allow new accessory dwelling units within existing single-family dwellings and existing accessory buildings in all single- family zones. The existing and proposed standards for accessory dwelling units (not within existing single-family dwellings or existing accessory buildings) in the CR Zoning District and outside of the CR District are summarized in the following table. Proposed changes and additions to the existing citywide standards for accessory dwelling units are shown in bold print within the shaded boxes. Also noted (with asterisks) are standards that may be no more restrictive than as provided in State law. For accessory dwelling units that are located within the floor area of existing single family dwellings or existing accessory buildings, only the following standards are allowed by State law to be imposed: City Council Report March 21, 2017 CA 2017-002 Page 4 1) Independent exterior access shall be provided; 2) Side and rear setbacks shall be sufficient for fire safety, 3) One of the units shall be owner -occupied; and, 4) The rental term shall be longer than thirty (30) days. As indicated in the following table, the only changes proposed to the City's development standards for accessory dwelling units pertain to maximum height, minimum building site (outside of the CR District), parking, and rental tenure. PROPOSED ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS (Not within existing single-family dwellings or existing accessory buildings) Existing Proposed Ordinance No. 1454 Ordinance No. 1479 Conditional Use Permit required No No* Maximum height 30 feet 25 feet None in CR District; None in CR District; . Minimum building site 10,000 square feet 12,000 square feet elsewhere elsewhere. Maximum overall lot coverage 50 percent 50 percent for all structures None in CR District None in CR District Maximum lot coverage for the 30% of rear yard and 30% of rear yard and accessory dwelling unit 30% of side yard 30% of side yard elsewhere elsewhere Minimum front yard setback 50 feet -(detached) 50 feet -(detached) 20 feet- attached 20 feet- attached Minimum front yard setback for 50 feet None' off-street parking Minimum side yard setback 10 feet -corner 10 feet -corner 5 feet -interior 5 feet -interior Minimum rear yard setback 5 feet 5 feet One car garage or carport None* in CR District Minimum off-street parking space in CR District (without exceptions) Assigned two -car garage One space per unit or elsewhere bedroom, whichever is reater*; elsewhere City Council Report March 21, 2017 CA 2017-002 Page 5 *Pursuant to State law, these requirements can be less restrictive, but not more restrictive ANALYSIS Minimum Building Site There are approximately 9,500 single family properties in the city. Of these properties, approximately 3,000 are situated on lots of less than 5,000 square feet in size, which would not likely accommodate an attached or detached accessory dwelling unit. Pursuant to state law, accessory dwelling units must now be allowed within the existing floor space of all existing single family dwellings and existing accessory buildings. However, newly constructed accessory dwelling units (i.e. additions and detached buildings) can be allowed only in designated areas and be subject to certain development standards. Proposed Ordinance No. 1479 would allow accessory dwelling units not within existing single family dwellings or existing accessory buildings to be constructed on all of the 194 single family properties in the CR District (Attachment A) and all of the single family properties that are 10,000 square feet or larger in areas outside of the CR District. There are approximately 866 of these larger properties outside of the CR District. Approximately 45 percent, or 392 of the 866 larger properties, are currently eligible for accessory dwelling units based on their lot size of at least 12,000 square feet. If the proposed code amendment is approved, 474 additional properties would be eligible for newly constructed (attached or detached) accessory dwelling units citywide. 50% of primary single-family 50% of primary single-family dwelling, not to exceed 600 dwelling, not to exceed 600 square feet m CR District Maximum floor area of square feet in CR District o accessory dwelling unit 50% of primary single-. 10% of lot area family:` dwelling, not to exceed 10% of lot area, elsewhere Design requirements Yes Yes Impact to historic structures on Impacts not permitted Impacts not permitted California Register Concurrent or subsequent Yes Yes construction required Entrances to the rear and not Yes Yes visible from public right-of-way attached and detached attached and detached Owner occupancy No No Minimum 30 -day rental No Yes *Pursuant to State law, these requirements can be less restrictive, but not more restrictive ANALYSIS Minimum Building Site There are approximately 9,500 single family properties in the city. Of these properties, approximately 3,000 are situated on lots of less than 5,000 square feet in size, which would not likely accommodate an attached or detached accessory dwelling unit. Pursuant to state law, accessory dwelling units must now be allowed within the existing floor space of all existing single family dwellings and existing accessory buildings. However, newly constructed accessory dwelling units (i.e. additions and detached buildings) can be allowed only in designated areas and be subject to certain development standards. Proposed Ordinance No. 1479 would allow accessory dwelling units not within existing single family dwellings or existing accessory buildings to be constructed on all of the 194 single family properties in the CR District (Attachment A) and all of the single family properties that are 10,000 square feet or larger in areas outside of the CR District. There are approximately 866 of these larger properties outside of the CR District. Approximately 45 percent, or 392 of the 866 larger properties, are currently eligible for accessory dwelling units based on their lot size of at least 12,000 square feet. If the proposed code amendment is approved, 474 additional properties would be eligible for newly constructed (attached or detached) accessory dwelling units citywide. City Council Report March 21, 2017 CA 2017-002 Page 6 However, based on the placement of the existing single family dwelling and the configuration of the property, it may not be practical to construct a new attached or detached accessory dwelling unit on every eligible property. A maximum of one (1) accessory dwelling unit would be allowed on any building site. SINGLE FAMILY LOT SIZES IN THE CR DISTRICT Lot Size Number of Lots Less than 7,500 square feet 33 Exactly 7,500 square feet 46 7,501-9,000 square feet 31 9,001-11,999 square feet 39 12,000 square feet or greater 45 SINGLE FAMILY LOT SIZES OUTSIDE THE CR DISTRICT Lot Size Number of Lots 7,500 square feet or less 6,958 7,501-9,000 square feet 1,127 9,001-9,999 square feet 300 10,000-11,999 square feet 474 12,000 square feet or greater 392 Most importantly, the provision for accessory dwelling units supports the Housing Element of the Tustin General Plan by providing more opportunities for affordable housing and by meeting the need for a variety of housing types that serve the diverse socio-economic needs of the community's residents. Parking for Accessa Dwelling Units According to the State law that became effective on January 1, 2017, a maximum of one parking space shall be required per accessory dwelling unit or per bedroom. This requirement only applies to accessory dwelling units that are not within existing single family dwellings or existing accessory buildings. The parking space may be covered or uncovered and may be a tandem space unless the jurisdiction prohibits tandem parking citywide. State law prohibits a local agency from imposing parking standards on accessory dwelling units that are located within: • Existing dwellings and existing accessory buildings; • An architecturally and historically significant historic district; • Y/2 mile of public transit; or, • One block of a car share vehicle. City Council Report March 21, 2017 CA 2017-002 Page 7 With the exception of Tustin Ranch, the majority of the residential areas in Tustin are within '/2 mile of public transit. Therefore, parking accommodations will not be required for many accessory dwelling units. And while the City is attempting the address concerns regarding parking in Old Town, State law prohibits the City from requiring parking for accessory dwelling units within historic districts. Other Development Standards In addition to changes related to minimum building site and parking, changes are also proposed to the maximum building height and the minimum rental tenure. The proposed change in the maximum building height from thirty (30) feet to twenty-five (25) would minimize the possibility of intrusive visual impacts on adjacent residences, especially in predominantly single -story neighborhoods. The proposed new requirement that accessory dwelling units have a minimum rental term of thirty (30) days, if rented, would discourage the use of accessory dwelling units for vacation rentals and encourage their occupancy as a form of available affordable housing in the community ENVIRONMENTAL: The proposed CA 2017-002 is exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA), as found in Public Resources Code Section 21080.17. CONCLUSION: Proposed Code Amendment 2017-002 would be consistent with newly adopted State law and would provide various opportunities for the development of accessory dwelling units that support the Housing Element of the Tustin General Plan. Accordingly, staff recommends that the City Council approve CA 2017-002. Scott Reekstin Principal Planner l GGC IETi_zabeth A. Binsack Director of Community Development Attachments: A. Map of the Cultural Resource District B. Planning Commission Resolution No. 4337 C. Draft Ordinance No. 1479 (Code Amendment 2017-002) D. Existing Chapter 2 of Article 9 of the Tustin City Code with redlined changes ATTACHMENT A Map of the Cultural Resource District 7! �.3 Mm AHI BEEN .� MHP IPA ATTACHMENT B Planning Commission Resolution No. 4337 RESOLUTION NO. 4337 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1479, ADDING TUSTIN CITY CODE SECTIONS 9252jj AND 9288x7 AND AMENDING TUSTIN CITY CODE SECTIONS 9222a5, 9222b2, 9223a7, 9223b2, 9224b1, 9244d8, 9252j2, 92638, 9264b, 9297, and 9299b1(l) RELATING TO ACCESSORY DWELLING UNITS. The Planning Commission does hereby resolve as follows: A. That on September 29, 2002, the Governor approved Assembly Bill No. 1866, which amended Government Code Section 65852.2 to facilitate the provision of affordable housing throughout California. B. That on September 27, 2016, the Governor approved Assembly Bill No. 2299, which further amended Government Code Section 65852.2; and Senate Bill No. 1069, which also amended Government Code Sections 65582.1, 65583.1, 65589.4, 65852.150, and 66412.2, to facilitate the provision of affordable housing throughout California. C. That Assembly Bill No. 2299 provides that any existing accessory dwelling unit ordinance that does not meet the requirements of Assembly Bill No. 2299 is null and void upon the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance. D. That California Government Code Section 65852.2(a)(3) requires a local agency to consider accessory dwelling unit applications ministerially without discretionary review or a hearing. E. That California Government Code Section 65852.2(a)(1) allows local agencies to impose standards on second units that include, but are not limited to, parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed on the California Register of Historic Places. F. That California Government Code Section 65852.2(a)(1) allows local agencies to designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. G. That on June 2, 2003, in anticipation of the July 1, 2003, implementation of the newly amended Government Code Section, the Tustin City Council adopted Ordinance No. 1271 providing standards for second residential units on lots of at least 12,000 square feet in size in the Estate (E4) and Single Family (R1) Residential Zoning Districts. Resolution No. 4337 Page 2 H. That the City conducted public workshops on the subject of second residential units in Old Town Tustin on February 20, 2013, March 12, 2013, and March 11, 2014, in response to the desire of many property owners in Old Town to have and rent second residential units and accessory guest rooms in Old Town, 1, That on September 15, 2015, the Tustin City Council adopted Ordinance No. 1454 to allow second residential units of up to 600 square feet on all residentially zoned lots in the Cultural Resource (CR) District regardless of lot size to provide more flexible standards for second residential units in the CR District. J. That the size limit of 600 square feet in the CR District is based on the unique historic development pattern and character of Old Town and the size, shape, and configuration of many of the properties and residences within the CR District. Larger second (accessory) residential units with multiple bedrooms within the CR District, along with larger parking accommodations could compromise the unique character of Old Town, and particularly its single family neighborhood. K. That the proposed code amendment would: 1) continue to allow new accessory dwelling units of up to 600 square feet in size on any residentially zoned lot in the CR District regardless of lot size; 2) allow new accessory dwelling units on residential lots of at least 10,000 square feet in size in other residential areas of the City; and, 3) allow new accessory dwelling units within existing single-family dwellings and existing accessory buildings in all single-family zones, pursuant to State law. L. That on February 28, 2017, a public hearing was duly noticed, called, and held on Code Amendment 2017-002 by the Planning Commission. M. That the proposed code amendment is exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA), as found in Public Resources Code Section 21080.17, which exempts local ordinances regulating the construction of second residential units from CEQA, N. That the proposed accessory dwelling unit provisions are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. O. That the proposed amendments comply with California Government Code Section 65852.2. P. That the proposed amendments are consistent with the Tustin General Plan in that they comply with the.following goals and policies: Resolution No, 4337 Page 3 Land Use Element Goal 4 to assure a safe, healthy, and aesthetically pleasing community for residents and businesses. Housing Element Goal 1 to provide an adequate supply of housing to meet the need for a variety of housing types and the diverse socio- economic needs of all community residents, Housing Element Policy 1.8 to allow second (attached/detached) units in single- and multi -family districts consistent with the Tustin City Code. II. The Planning Commission hereby recommends that the City Council: adopt Ordinance No. 1479, adding Tustin City Code Sections 9252jj and 9288a7, and amending Tustin City Code Sections 9222a5, 9222b2, 9223a7, 9223b2, 9224b1, 924448, 9252j2, 9263g, 9264b, 9297, and 9299b1(i) relating to accessory dwelling units, attached hereto, PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tustin held on the 28�' day of February, 2017, AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 1 Resolution No, 4337 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE } CITY OF TUSTIN ) 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4337 was passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28kh day of February, 2017. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BIN'SACK Planning Commission Secretary KOZAK, LUMBARD, MASON, SMITH, THOMPSON (5) 1 1 ATTACHMENT C Draft Ordinance No. 1479 (Code Amendment 2017-002) ORDINANCE NO. 1479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9252jj AND 9288a7 AND AMENDING TUSTIN CITY CODE SECTIONS 9222a5, 9222b2, 9223a7, 9223b2, 9224b1, 9244d8, 9252j2, 92638, 9264b, 9297, and 9299b1(i) RELATING TO ACCESSORY DWELLING UNITS. The City Council of the City of Tustin does hereby ordain as follows: Section 1. The City Council finds and determines as follows: A. That on September 29, 2002, the Governor approved Assembly Bill No. 1866, which amended Government Code Section 65852.2 to facilitate the provision of affordable housing throughout California. B. That on September 27, 2016, the Governor approved Assembly Bill No. 2299, which further amended Government Code Section 65852.2; and Senate Bill No. 1069, which also amended Government Code Sections 65582.1, 65583.1, 65589.4, 65852.150, and 66412.2, to facilitate the provision of affordable housing throughout California. C. That Assembly Bill No. 2299 provides that any existing accessory dwelling unit ordinance that does not meet the requirements of Assembly Bill No. 2299 is null and void upon the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance. D. That California Government Code Section 65852.2(a)(3) requires a. local agency to consider accessory dwelling unit applications ministerially without discretionary review or a hearing. E. That California Government Code Section 65852.2(a)(1) allows local agencies to impose standards on second units that include, but are not limited to, parking, height, setback, .lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed on the California Register of Historic Places. F. That California Government Code Section 65852.2(a)(1) allows local agencies to designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. G. That on June 2, 2003, in anticipation of the July 1, 2003, implementation of the newly amended Government Code Section, the Tustin City Council adopted Ordinance No. 1479 Page 2 Ordinance No. 1271 providing standards for second residential units on lots of at least 12,000 square feet in size in the Estate (E4) and Single Family (R1) Residential Zoning Districts. H. That the City conducted public workshops on the subject of second residential units in Old Town Tustin on February 20, 2013, March 12, 2013, and March 11, 2014, in response to the desire of many property owners in Old Town to have and rent second residential units and accessory guest rooms in Old Town. I. That on September 15, 2015, the Tustin City Council adopted Ordinance No. 1454 to allow second residential units of up to 600 square feet on all residentially zoned lots in the Cultural Resource (CR) District regardless of lot size to provide more flexible standards for second residential units in the CR District. J. That the size limit of 600 square feet in the CR District is based on the unique historic development pattern and character of Old Town and the size, shape, and configuration of many of the properties and residences within the CR District. Larger second (accessory) residential units with multiple bedrooms within the CR District, along with larger parking accommodations could compromise the unique character of Old Town, and particularly its single family neighborhood K. That the proposed code amendment would: 1) continue to allow new accessory dwelling units of up to 600 square feet in size on any residentially zoned lot in the CR District regardless of lot size; 2) allow new accessory dwelling units on residential lots of at least 10,000 square feet in size in other residential areas of the City; and, 3) allow new accessory dwelling units within existing single-family dwellings and existing accessory buildings in all single-family zones, pursuant to State law. L. That on February 28, 2017, a public hearing was duly noticed, called, and held on Code Amendment 2017-002 by the Planning Commission. M. That on February 28, 2017, the Planning Commission adopted Resolution No. 4337, and recommended that the City Council adopt Ordinance No. 1479, approving CA 2017-002 relating to accessory dwelling units. N. That on March 21, 2017, a public hearing was duly noticed, called, and held -on Code Amendment 2017-002 by the City Council. O. That the proposed code amendment is exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA), as found in Public Resources Code Section 21080.17, which exempts local ordinances regulating the construction of second residential (or accessory dwelling) units from CEQA. Ordinance No. 1479 Page 3 P. That the proposed accessory dwelling unit provisions are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. Q. That the proposed amendments comply with California Government Code Section 65852.2. R. That the proposed amendments are consistent with the Tustin General Plan in that they comply with the following goals and policies: Land Use Element Goal 4 to assure a safe, healthy, and aesthetically pleasing community for residents and businesses. Housing Element Goal 1 to provide an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents. Housing Element Policy 1.8 to allow second (attached/detached) units in single- and multi -family districts consistent with the Tustin City Code. Section 2. Section 9222x5 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Accessory dwelling Cecnnri roe;tial units (subject to the provisions set forth in Section 9271 ii): (a) MaximurH height: 30 feet. (b) Minimum building site, 12,000 sq are feet-- (G) ecG�!cl Ma imi im oder911 Int rn>>orage fnr 4 structures combined: 50 percent. (d) Maximum lot coverage for the seE39.9d FGSideRti@l URit� 30 PeFGeRt Gf Fear yard and 39 percent of side yard (e) Minimum fFORt yard setbaGk� 50 feet for detar_--hed_ uRit; 20 feet fc)r atta(�hed uflit (ff) Minimi im front yard setaek fnrrnfF._c�et par g: 50 fe c �vvrra c �rcect� Ordinance No. 1479 Page 4 ■. . .r a s a r. r r r r _ MR 1 W-9 2EffrP'W1P.WMWd&= 1 . • . w w a w ■ w r . ■• . ■ . P.M. ■ ■ . . • ■ u w • • _ ■ ■ . _ a a r a •. ■ . w ww .. w . . •■ ._■ ■ ■ ■ ■. w.• .+ r r • •_ a s r r r a u . . w . a . a . • r _ r _ a . + Section 3. Section 9222b2 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Accessory buildings used as guest quarters or guest houses, provided no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging in the guest quarters or guest house, subject to a recorded deed restriction approved by the City. (a) Maximum height: 25 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. Ordinance No. 1479 Page 5 (f) Accessory buildings used as quest quarters or quest houses shall not be allowed on lots developed with an accessory dwelling unit. Section 4. Section 9223a7 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout) Accessory dwelling Second residential units (subject to the provisions set forth in Section 9271 ii - see Section 9252j2 for standards applicable to accessory dwelling cornnri residential units in the Cultural Resource District): (Ord -Ne. \ 1n5n , SQ_1_15 TTOT G'eG. r+f �Tt;�Tp� (a) Maxim im hoig420 fee (b) Minimum building oitn: 12,000 square -feet" (G) ii aAFRi imn��orcraair rpt GGVerage fnr all ctructuresrnmhiRed: 5.11 perGent. (d) Maximum lot coverage for the second residential unit: 30 percent ef Fea-F yaFd and 30�Cont of Side .yard (e) MiRiFAUM fFeRt yard SetbaGk: 50 feet fer detaehed unit; 20 feet for attached urit (f) MORimi im front yard sethaGk for off-street narkiRg: 50 feet. (g) Minimum snide yard sethack :- I nrnnr In nn• 10 f v�„���u �-rc.—razeet--, interior lot line: 5 fee Ordinance No. 1479 Page 6 � ` i ` � ■ - i i- ■ WON -! +�`- W. i� is- •`i• i -i -r •i WIN EW - w • i r - mm VA; val i` �EEN 01"` ri i Section 5. Section 9223b2 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Accessory buildings (except in the cultural resource district) used as guest quarters or guest houses, provided no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging in the quest quarters or quest house, subject to a recorded deed restriction approved by the City. (QrdTa No.=1454, S 9-15-15) (a) Maximum height: 25 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 f Accessory buildings used as guest quarters shall not be allowed on lots developed with an accessory dwelling unit Section 6. Section 9224b1 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Any use permitted or conditionally permitted in any residentially zoned district is conditionally permitted in the Planned Development District (PD) (except accessory dwelling second 86ideRt+al units are not permitted). Section 7. Section 9228a7 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined): 7. Accessory dwelling units, on lots developed with one (1) single-famil dwelling (subject to the provisions set forth in Section 9271 dm). Ordinance No. 1479 Page 7 Section 8. Section 9244d8 of Part 4 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined): 8. Accessory dwelling units, on lots developed with one (1) single-family dwelling (subject to the provisions set forth in Section 9271 jj_). Section 9. Section 9252j2(a)(3) of Part 5 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Accessory dwelling Second resideRtiol units not within existing single- family dwellings or existing accessory buildings,_ subject to _a recorded deed restriction approved by the City: (a) Maximum height: 25 30 feet. (b) Minimum building site: None. (c) Maximum overall lot coverage for all structures combined: 50 percent. (d) Maximum lot coverage for the accessory dwelling seGGRd nideial unit: None. (e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit. (f) Minimum front yard ck for _off-street parking=20 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 accessory dwelling seGE)nrd residential unit: 50 percent of primary single-family dwelling, not to exceed 600 square feet. (j) The accessory dwelling 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. (k) The accessory dwelling ser.en.d 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. (1) The accessory dwelling second resirdeRtial unit shall be constructed concurrently with, or subsequently to, the primary single-family Ordinance No. 1479 Page 8 dwelling, which shall be conforming or brought into conformance with the Tustin City Code. (m) All entrances to the accessory dwelling onrend residential unit shall be to the rear of the primary single-family dwelling and shall not be visible from the public right-of-way. (n) When the new residential unit is built between the existing single- family dwelling and the front property line, the rear unit must comply with the provisions of this section. o An accessory dwelling unit shall not be allowed on a lot developed with an accessory building used as quest quarters or a quest house. (p) A maximum of one (1) accessory dwelling unit shall be allowed per building site. Section 10. The parking requirement for Accessory Dwelling Units is hereby added in Table 1 of Section 9263g of Part 6 of Chapter 2 of Article 9 of the Tustin City Code to read as follows (new text underlined; deleted text in strikeout): Accesso dwelling d residential units d+strir-12- garage spaces per unit or bedroom, whichever is greater, in addition to that required for the primary single-family unit Required parking spaces for accessory dwelling units may be tandem spaces and within side yard and/or rear yard setback areas, but not blocking access to a required garage parking space and not within front yard setback areas, except on existing driveways. See Section 9271 0' for exceptions to the parking requirements for accessory dwelling units. Ordinance No. 1479 Page 9 Section 11. Section 9264b8 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined; deleted text in strikeout): The adjusted decrease is not associated with the addition of an accessory dwelling second residential unit as authorized in 'A -ns OWL- and 9223 of this Code. Section 12. Section 9271 jj of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined): AccessorV dwelling units see Section 92522 for standards applicable to accessorV dwelling units in the Cultural Resource District that are not within existing single-family dwellings or existing accessory buildings). A maximum of one _(1 } accessory dwelling unit shall be allowed per building site. (a) Accessory dwelling units not within existing single-family dwellings or existing accessory buildings, subject to a recorded deed restriction approved by the City (1) Maximum height: 25 feet. 2 Minimum building site: 10,000 s uare feet. (3) Maximum overall lot coverage for all structures combined: 50 percent. (4) Maximum lot coverage for the accessory dwelling unit: 30 percent of rear yard and 30 percent of side yard. (5) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit. (6) Minimum side yard setback: Corner lot line: 10 feet. Interior lot line: 5 feet. (7) Minimum rear yard setback: 5 feet. (8) Maximum floor area of accessory dwelling unit: 50 percent of primary single-familV dwelling,not to exceed 10 percent of total building site area. (9) Any accessary dwelling unit shall be consistent with the architectural style, materials and color of the primary single-family dwelling and shall not detract from the single-familV appearance of the primary sin le-famil dwelling. (10)Any accessory dwelling 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. 1479 Page 10 (11)Any accessory dwelling 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. (12)All entrances to any accessory dwelling unit shall be located toward the rear of the primary single-family dwelling and shall not be visible from the public right-of-way. (13)When the primary single-family dwelling would conform to the development standards normally applicable to accessory dwelling _ units.__ and the accessory dwelling unit is built between the primary single-family dwelling and the front property line, the accessory dwelling unit shall be subject to the development standards normally applicable to the primary single-family dwelling. (14)An accessory dwelling unit shall not be allowed on a lot developed with an accessory building used as quest quarters or a guest house. (b) Accessory dwelling units within existing single-family dwellings or existing accessary buildings, subject to a recorded deed restriction approved by the City (1) Independent exterior access shall be provided. 2) Side and rear setbacks shall be sufficient for fire safe (c) No parking shall be required for the accessory dwelling unit in any of the following circumstances: (1) The accessary dwelling unit is within the Cultural Resource District. (2) The accessory dwelling unit is within one-half (112) mile of public transit. (3) The accessory dwelling unit is within one (1) block of a car share area. (4) The accessory dwelling unit is within an existing single-family dwelling or existing accessory building. d All building code provisions shall apply unless otherwise exempted by State law. Section 13. The following definitions in Section 9297 of Part 9 of Chapter 2 of Article 9 of the Tustin City Code are hereby added or amended to read as follows (new text underlined; deleted text in strikeout): "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleepina. Ordinance No. 1479 Page 11 eating, cooking, and sanitation on a lot developed with a legal conforming or legal nonconforming singie-family dwelling, and if rented, must have a minimum rental term of thirtv (30) days. "Public Transit" means bus stops with headways of thirty (30) minutes or less during peak hours and train stations. �.■ �• r te• • u � r r a■ a. a a. a • wr a a a w r a • .a a r a .• ■ a a �a � a ► a i �. � � � \ a 1 I � Section 14. Section 9299b1(i) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined; deleted text in strikeout): A decrease in the number of required off-street parking spaces for residential land uses by a maximum of one (1) parking space. When an accessory dwelling SeGGRrd residential unit is being added under the provisions of Section 9222 or 9223, parking shall be in accordance with the requirements of this Code these a mss. (QFd.NE), 1354, SeG�� 4-W Section 15. Section 9271jj of Part 7 of Chapter 2 of Article 9 of the Tustin City Code shall also apply to accessory dwelling units on single family residential sites within Specific Plan Area 1 (Marine Corps Air Station, Tustin, Specific Plan) and Specific Plan Area 8 (East Tustin Specific Plan). Section 16. 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, at a regular meeting of the City Council of the City of Tustin on this 21St day of March, 2017. DR. ALLAN BERNSTEIN MAYOR ATTEST: Ordinance No. 1479 Page 12 ERICA N. RABE, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN } CERTIFICATION FOR ORDINANCE NO. 1479 Erica N. Rabe, 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 No. 1479 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 21St day of March, 2017, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 4th day of April, 2017, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Rabe, City Clerk Published: ATTACHMENT D Existing Chapter 2 of Article 9 of the TCC with Redlined Changes (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. (b) Minimum building site: 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. (Ord. No. 1429, Sec. I1.2, 5-21-13) Prior History—Ord. No. 157, Sec. 4.1; Ord. No. 299, Sec. I; Ord. No. 330, Sec, 2a; Ord. No. 911, Sec. 1, 5-21-54; Ord. No. 1240, Sec. 2, 5-6-01; Ord. No_ 1354, Sec. 11, 11-4-08; Ord. No. 1367, Sec. I1, 4-6-10 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 in this Chapter. 1. Single-family dwellings. 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. (a) Maximum height: 25 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. Horne occupations in accordance with this Chapter. 4. Large family day care homes (subject to the provisions set forth in Section 9271 aa). 5. Accessory dwellingSecond Fesidentiai units (subject to the provisions set forth in Section 9271ii).: (a) Max m he ght -�eet- 0)-�m—�Wdinn si#o. 42,000 square feT Page 7 (s} - �xi€nl�rn-0veralE-tet saverage�or all�trestufes mere-tatpe€��B-per�ee� S frd Maximum let Goy@Fage far the cannnd ranirie Rt.n�i4: `10 fear—yard -2nd--'d0 PeFG@Rt Of side YaPd. (e) 1411ir7irFrUFR fFeRt yard seeth.,ck-.- 5/1 feet o� _afor detached -1= r4i 20 feel for attaGhed upot. e . (9) nT-,;,Tr;;mum side yard setbaork: Gorn InterieViet4RG: 5 feet: (ha-Atinirr um,-reay/ar"etback;-5-feet: ♦ �r aximnum fleer area of �ee��Q�ential . n;t: 10 a^rsent-eftatai-lot'afea- ( An --seGGnd Fes' ntial-unit--shall-be tent with the architectural style, materials andd GG}er nl�,�PFimaFY ingle4amlly--dvve4t•Rg--and-shall-no# -det--act-Mona- th-si•n^ls.8farnily appear-aaee-a#-the-�irirnary single fa►mfly dwet ing /L1.�_ ,_p.yr �eRCI Fecirdential Unit shall not naUS8 a substantial adverse n er-a&-defined-in property fn Historical lI Any SeGGRGI FeSidentirral uRitt shall be GORStFuotted-Go,.Gur���l, of sub eq%1$nt-to,, ih ��Tgle family dwelling, i be Gonforralrag--ori-irono"nto--eonfemianse--+ 414 the Tiictin Citic God":_ (,ml—All entranGes to @% SeGQn s 1 /n5 When the primary ciRgle_family- dwelling -would snfGFM to the rle pment stand-ar4s DOFmally ppliGable to nd ^ein7eAlialrunits. the s REI SideAtial ^4-4S-blnt be_t�n,een�_� _ he_pr ni�single ila .r p _dwelling and the fFeRs-rt peep .-f4y W}e;--the--.m-y end ci entia11�Ql Qr_iot shall be"subject to the development standards anrmally applicaabl�-te�i-e prima y 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 9 of Section 9220 and/or as specified in this Chapter. Places of Worship, schools, parks, playgrounds, public utility, crop and tree farming. (a) Maximum height: 30 feet. (b) Minimum building site: 20,000 square feet for Places of Worship; 5 acres for schools, public utility and other uses as specified in a Conditional Use Permit. (c) Minimum lot width at property line: 900 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. Page 8 (g) Minimum rear yard setback: 20 percent of lot depth, 2. Accessory buildings used as guest quarters or quest houses, provided no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging in the quest quarters or quest house, subject to a recorded deed restriction approved by the City. (a) Maximum height: 25 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 etback:Corner lot line: 10 feet; Interior lot line: 5 feet. (e) Minimum rear yard setback: 5 feet. (f) Accessory buildings used as quest quarters or guest houses shall not be allowed on lots developed with an accessory dwelling unit. (Ord. No. 1429, Sec. I1.3, 5-21-13) Prior History—Ord. No. 157, Sec. 4.3; Ord. No. 492, Sec. 2, 8-15-83; Ord, No. 9111 Sec. 2, 5- 21-84; Ord. No. 1240, Sec. 2,8-6-01; Ord. No. 1271, Sec. 11, 6-2-03); Ord. No. 1354, Sec, 11, 11- 4-08; Orcl. No, 1367, Sec. 1I, 4-6-10. 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 this Chapter. 1. Single -Family dwellings. 2. Accessory buildings only if constructed simultaneously with or subsequent to the main building on the same lot. (a) Maximum height: 25 feet. (b) Minimum lot width at property fine: 40 fleet on cul-de-sacs at property line. (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. Page 9 Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a) Large family day care homes (subject to the provisions set forth in Section 9271 aa). Accessory dwellingSeeeRd F&&kle^nom; units (subject to the provisions set forth in Section 927911 - see Section 9252j2 for standards applicable to accessory dwellingseGGg44esidential units in the Cultural Resource District); (Ord/ Ne _1454 Se 2,9_,9_, 545) (a)- Max rte- rn-heeht -30-feed �(h) Minimm budlding site; 12,000 � rvql-r' c'}f-0 feet, (Maximumoverall Int Geyerage far all ntruGtir�a ina T nt (41 h7 nAo� cnr"arn- et -c veFage for the Rd,Fe&ide peFGaF4-ef4de-y-ard_. 1e� if�tumrfrr,nt yard setback b it�Fi fent fgr attaGhed unit: �„-orr�-per (f)-.....ivitnimurn-#rent-yar-d-setback- c);---a#--street-park-!Rg-E44eet- (g) Minimum side yard setbaGk� CaFRer 10t IiRe'_-10 feet; IfttGr�vr lot Gk: 5 feet. (i)—Max fn Acer -area f-seeand residential-eF444--perseet-ef-tetal let arm 4�0414 residerifial unit Mmsha I I bem consistent with them mam'--hiten-tural sty�e, m: ate fi a! 6 an ri Ggior Of „tire _pnrim ary single-family dwelling and shall not etrnrl from the cinrrle-fare ly appee3l"t` re of TY (k) Any seGeRd FGSideRtial E"'hurl--R9t GGa ,00�c-'a SUbn!io FSe G ' c-d-B4ned4nm California',,��D�-'nlie Gann--��ode Ce 502n in R��lthe-sC 1 a�� a�} any that is listed in the Gal.fernia Register of Histo ir,-PaGes"-o ttie City l-.ni"J 't.`R....HJst`It�,,,.,1'��T Rn'en C� Edi ( eeor�d4e""sid7ent+at-unit--shallh��, �rurted-coneurrormi-av4h;-GF-subsefH@^tea Primary -single family Mg, staalt tae-sonferming-err t latase theTTuS in City Code (m) All nntraAGec to any neenRil reSideRtial W nit shall be to the FeaF Of ,?e-p4mapt-Eingr����55�� *y e4an dwelling and- sh.er ell net he visible fFem the public right of ny. ''��'"'''YY (.n)- When --ti-, " Pr mart' -single-family dwelling weutd-conformtothyhe-QrlevelsprneRt Stares r4ormmally---apocable-4o-second-residenti2l-..urrit- -arid- +al unit is hu+lt between-tha--14Fimary -single-family...-dwelling-aFid-the int PFQ.pa#y-li residential+ i -shall lee subject- tethe develGpment dards nArmally an -fl -able to the p4mar-) stele -family- dwel4ag- 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 (R9) 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. Page 10 1. Places of Worship, schools, parks, playgrounds, public utility, crop and tree farming. (a) Maximum height: 30 feet. (b) Minimum building site: 20,000 square feet for Places of Worship, 5 acres for schools, public utility and other uses as specified in Conditional Use Permit. (c) Minimum lot width at property line: 100 feet. (d) Maximum lot coverage: 40 percent. (e) Minimum front yard setback: 25 feet, unless otherwise indicated on Zoning Map. (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. (g) Minimum rear yard setback. 20 feet. 2. Accessory buildings (except in the cultural resource district) used as guest quarters or quest houses, provided no cooking facility is installed or maintained and no compensation in anyform is received in exchange for lodc)Og in the quest quarters or quest house, subject to a recorded deed restriction approved by the City. (Ord. No. 1454, Sec. 3, 9-15-15) (a) Maximum height: 25 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. (f) Accessory buildings used as quest quarters shall not be allowed on lots developed with an accessory dwelling unit. 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 0 of this Chapter_ (Ord. No. 1429, Sec, 11.4, 5-21-13) Prior History—Ord. No. 157, Sec. 4.2; Ord. No. 299, Sec. 2; Ord. No. 330, Sec. 2a; Ord. No. 563, Ord. No. 911, Sec. 2, 8-3-87; Ord. No. 1240, Sec. 2, 5-6-01; Ord. No. 1271, Sec_ 111, 6-2- 03; Ord. No, 1354, Sec. I1, 114-08; Ord. No. 1367, Sec. 11, 4-6-10. 9224 - PLANNED DEVELOPMENT DISTRICT (P -D) a Purpose The P -D, Planned Development District, is hereby authorized to provide for garden apartment development, regulated so as to cover a minimum of ground area and provide a maximum of open space. This zone will provide most of the desirable residential characteristics found in single family residence areas. (Ord. No. 175, Sec, 8) Page 11 b Conditionally Permitted Uses The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar), with the exception of home occupations (which are a permitted use), may be conditionally permitted in the Planned Development District (P -D) subject to the issuance of a Conditional Use Permit. Any use permitted or conditionally permitted in any residentially zoned district is conditionally permitted in the Planned Development District (PD) (except accessory (lweliincgsesoed reideltia! units are not permitted). 2. Apartment houses. 3. Bungalow courts. 4. Condominiums (as defined in the Civil Code). 5. Community apartment projects (as defined in the Business and Professions Code). 6. Day care center (subject to Section 9271aa2). 7. Large family day care home (subject to the provisions set forth in Section 9271 aa). 8. Manager's office - one (1) permanent resident manager's office devoted solely to the rental of the dwelling units on the same parcel, provided said office and surrounding grounds retain a residential character. 9. Rest homes, extended care facilities, convalescent hospitals and sanitariums (provided all provisions are complied with as set forth for this district). 10. Stock cooperatives (as defined in the Business and Professions Code). (Ord. No. 177, Secs. 2, 8; Ord, No. 330, Sec, 2a; Ord. No. 372, Sec, 3; Ord. No, 553, See. 3; Ord. No. 790, Sec. 1, 2-20-79; Ord. No. 1367, Sec. 11, 4-6-10) C Submittal of Preliminary Drawings Except as provided in Section 9299 of this Code a use authorized through a Conditional Use Permit in this district shall comply with Section 9291. (Ord. No. 1429, § 11.5, 5-21-13) 2. Ingress and egress of fire fighting equipment, fire hydrants and other fire protection facilities are subject to approval of the Fire Chief. (Ord. No, 175, Sec. 8) d Submittal of Final Development Plans. Detail to be shown: Every application for a building permit for the development of property in the P -D District shall be re -submitted for approval to the Planning Commission, and shall be accompanied by detailed architectural drawings, and plot plans, all to a workable scale, showing the elevation and location of the proposed buildings; proposed location and type of landscaping; use and treatment of grounds around such buildings or structures; off-street parking, physical features such as trees, hydrants, electric and telephone poles, flood lights, driveways, fences, signs, proposed drainage, sewage disposal facilities and any other pertinent information considered appropriate by the applicant or Planning Commission to bring the development within the purpose of this district. 2. All plans shall show thereon hose cabinets, wet stand pipes with Siamese connections and any other facilities considered to provide adequate fire protection. Said location and type of such Page 12 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. 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, 7. Fences and walls: Any mobile home or travel trailer park shall be surrounded by a six-foot, sight -obscuring fence or wall, of uniform treatment, except within twenty-five (25) feet of an entrance to, or exit from, a public street where such fence or wall shall have a maximum height of three (3) feet unless greater height is specifically approved in the conditional use permit. 8. 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. 9. Irrigation of landscaped areas. All landscaped areas, other than on individual spaces, shall be provided with an irrigation system. 10. 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. (Ord. No. 329, Sec. 2; Ord, No, 1240, Sec. 2, "-01; Ord. No. 1354, Sec, II, 11-4-08; Ord. No. 1429, Sec. 11.9, 5-21-13) 9228 - SUBURBAN RESIDENTIAL DISTRICT (R4) a Perm itted Uses In the Suburban Residential District (R4) only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed, subject to the development standards identified in Table 1 of Section 9220 and/or as specified in 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, playflelds and playgrounds. 5. Residential uses (all of a permanent character, placed in permanent locations). (a) Single-family dwellings. Page 20 (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). 7. Accessory dwelling units, on lots developed with one (1) single-family dwellincL(-subject to the provisions set forth in Section 9271ij) 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. Boarding houses (see Section 9226b2 for additional development standards). 2. Day care center (subject to Section 9271aa2). 3. Parks (private) and recreation areas, recreation buildings, playfields and playgrounds, but not including amusement parks or other parks of a commercial nature. 4. Places of worship, museums, libraries, public schools and colleges, private schools and colleges. 5. Rest homes, extended care facilities, convalescent hospitals, and sanitariums. 6. utility structures - Electric distribution substations, gas metering and regulating stations and other similar public utility structures and uses rendering direct services to the public in a local area. c Maximum Height, Exception Notwithstanding any provision to the contrary contained in this Section 9228, when a lot in the R4 District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said R4 lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within one hundred fifty (150) feet of said RA, E4 or R1 zoned property, unless the Planning Agency shall grant a conditional use permit thereof. (Ord. No. 1429, See. If. 10, 5-21-13) Prior History Ord. No. 372, Secs. 3 and 4; Ord. No. 733, Sec. 6; Ord. No. 862, Sec. 4, 12-21- 81; Ord, No, 906, Sec. 7, 2-21-84; Ord. No. 911, Sec. 5, 5-21-84; Ord. No. 1225, Sec. 2, 1-17- 00; Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. Il, 11-4-08; Ord. No. 1367, Sec. 11, 4-6- 10 PART 3 - COMMERCIAL DISTRICTS 9230 - COMMERCIAL SITE DEVELOPMENT STANDARDS Page 21 (Otd. No. 1429, Sec. 11,20, 5-21-13) 9244 - PLANNED COMMUNITY DISTRICT (P -C) a Purpose To allow diversification of the relationships of various buildings, structures and open spaces in planned building groups while insuring substantial compliance with the district regulatioris and other provisions of this Chapter. The intent of this Chapter is to insure that adequate standards related to the public health, safety and general welfare shall be observed without unduly inhibiting the advantage of large scale planning for residential, commercial and Industrial . purposes. The amenities and compatibilities of P -C Districts are to be insured through the adoption of a Development Plan and/or the approval of Conditional Use Permits, maps, diagrams, and text setting forth land use relationships and development standards. (Ord. No. 1367, Sec. ll, 4-6-10) b General Requirements The following provisions shall apply In the P -C District and subject to the other provisions of this Chapter. Except that where conflict In regulations occur, the regulations specified in this Section or in the Development Plan or plans approved pursuant to this section shall apply. (Ord. No, 1367, Sec. II, 4-6-10) c Application The entire parcel for which an application for rezoning or pre -zoning to P -C is filed must be in one ownership. Should there be multiple owners, the application must be made by or with the written authorization for such action on behalf of all property owners conoemed, and the applicant, together with a. statement signed by interested owners that they agree to be bound by the regulations and conditions which will be effective within the district. (Ord_ No. 1367, Sec. II, 46-10) d In the Planned Community District (PC), the following uses (or uses which, In the opinion of the Community Development Director andlor the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9240 and/or as specified in 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 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 pian without requiring an amendment of the development plan. 5. Large family day care homes (subject to the provisions set forth in Section 9271aa). 6. Reverse vending machines (Subject to standards contained in Section 9271bb). 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). Page 37 8. Accessory dwelling units, on lots developed with one (1) single-family_dweiling (subject to the provisions set forth in Section 927110). (Ord. No. 911, Sec. 6, 5-21-84, Ord. No. 993, Sec. 5, 9-8-87; Ord. No. 1367, Sec. 11, 4-6-10; Ord. No. 1429, Sec. II.21, 5-21- l 3 ) e Procedures 1, Any application for a zone change to permit the establishment of a P -C District shall be made pursuant to Section 9295 of this Chapter and shall be accompanied by a development plan for the entire parcel which is the subject of the application. Said development plan shall be subject to the processing of a Conditional Use Permit if, included within the plan are areas designated for professional or general office use (as defined in Section 9297). Prior to approving a Conditional Use Permit for construction of a building designated for such office usage, the Planning Commission shall make findings, including, but not limited to, the following; (a) Development or construction of professional or general office use would be more compatible with surrounding uses in the area than retail commercial uses on the subject property (Ord. No. 896, Sec, 15, 11-21-83; Ord. No. 1367, Sec. 11, 4-6-10) 2. Areas on the development plan shall be subject to one of the following or any combination thereof: (a) The requirements of any of the zoning districts established by this Chapter, as amended; (b) Standards of development set forth on the approved development plan and supplementary text material; (c) Approval of a Conditional Use Permit by the Planning Commission prior to development; or (d) In the event that bulk vending machines and/or a large collection facility are part of an approved development plan, said uses shall be subject to all standards contained in Section 9271 bb. (Ord. No. 993, Sec, 8, 9-8-87; Ord. No. 1367, Sec. II, 4-6-10) 3. The development plan shall set forth the following: (a) The proposed use of all lands within the subject property and the approximate dimensions of the exterior boundaries of each area; (b) The type, character and heights of buildings or structures and the number of dwelling units per gross acre proposed for each residential area.- (c) rea;(c) The location of school sites, recreational facilities and other public and quasi -public facilities and the approximate area of each site; (d) The general location of major thoroughfares coordinated with the Orange County Master Plan of Arterial Highways; (e) A topographic map of the property; (f) A preliminary report describing proposed provisions for storm drainage, sewage disposal, water supply, and other utilities; (g) A justification of all commercial and industrial facilities, if any, to be located within the subject property. 4. The development plan, after its approval and adoption as provided herein, shall be recorded in the Office of the County Recorder and all development within the district shall substantially comply therewith, except as said development plan may be amended by ordinance. 5. Commencement of construction Page 38 As specified in the district with which the "P" District is combined, unless superseded by the provisions of this district Front yard requirement. Layout of landscaping Repealed. (Ord. No. 1354, Sec, 11, 11-408) (Ord, No, 157, Scc. 4.13) 9252 - CULTURAL RESOURCE DISTRICT (CR) a Purpose Tustin has played a vital role In the history of Orange County and has retained a rich and unique cultural heritage. It is hereby declared as a matter of public policy that the recognitlon, preservation, protection and use of culturally significant strictures, natural features, sites and neighborhoods within the City of Tustin is required in the interest of the health, safety, prosperity, social and cultural enrichment and general welfare of City residents. The purpose of Cultural Resource District is to., 1. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the CKYs cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. 2, Encourage public knowledge, understanding and appreciation of the City's past. 3. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. 4. Promote the private and public enjoyment, use and preservation of culturally significant neighborhoods, strictures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. 5. Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. 6. Enhance property values and Increase economic and financial benefits to the City and its inhabitants. 7. Assure that new conshuction and subdivision of lots in the Cultural Resource District are compatible with the character of the district. 8. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. b Applicability 1. The Cultural Resource District is an overlay district and shall apply to those properties as shown on the official Tustin Zoning Map and to those cultural resource structures and sites as may be designated by resolution of the City Council and listed by address and filed with the Department of Community Development. 2. The zoning district map shall be amended to Indicate the application of the Cultural Resources District. The designation CR shall be added after the underlying zoning designatlon. 3. The requirements of this section shall be considered in conjunction with the requirements of the underlying district. If a conflict exists between the requirements of the underlying district and this section the requirements of this section shall apply. c Planning Commission Page 42 The Planning Commission shall advise the City Council on all matters relating to historic and cultural resources, Including without limitation, matters affecting the establishment of a Cultural Resource District, designation of Cultural Resources, and as a liaison between residents, property owners, and the City Council within a Cultural Resources District. In performing its historic and cultural resources duties, the Planning Commission shall not exercise any Independent final decision-making authority or expend city funds. Actions of the Commission shall not be considered actions of the City and shall not be represented as such. d Cultural Resource Designation Criteria r For the purposes of this section, an improvement or natural feature may be designated a cultural resource by the City Council, and any area within the City may be designated as a Cultural Resource District by the City Council if it meets the following criteria; 1. It exemplifies or reflects special elements of the City's cultural, architectural, aesthetic, social, economic, political, artistic, engineering and or architectural heritage; or 2. It is identified with persons, a business use or events significant in local, state, or national history; or 3. It embodies distinctive characteristics of style, type, period, or method of construction, or Is a valuable example of the use of Indigenous materials or craftmanship; or 4. It is representative of the notable work of a builder, designer, or architect; or 5. Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community or the City; or G. Its integrity as a natural environment or feature strongly contributes to the well being of" residents of the City or the well being of a neighborhood within the City; or 7. It is a geographically definable area possessing a concentration or continuity of site, buildings, structures or objects as unified by past events or aesthetically by plan or physical development. e Cultural Resource Designation Procedures Cultural Resource Districts and Designated Cultural Resources shall be established by the City Council as follows: 1. Any person may request the designation of an improvement as a cultural resource or the designation of a Cultural Resource District by submitting an application for such designation to the Community Development Director. The Committee or City Council may also initiate such proceedings on their own motion. 2. The Community Development Dkwtor or City Council shall refer the proposed request to the Committee for their study, review and recommendation. 3. The Committee shall conduct a study of the proposed designation and make a preliminary determination based on such documentation as it may require as to its appropriateness for consideration. If the Committee determines that the application merits consideration, but only if it so determines, it shall schedule and notice a public hearing. 4. The Committee's decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the Community Development Department. Notice of a decision not to schedule a public hearing shall be given by mail to the applicant. No permits for alteration, demolition or removal of any improvement, building or structure within the proposed Cultural Resources District or relative to a proposed cultural resource shall be issued while the public hearing or any appeal related thereto is pending. Page 43 5. In the case of a proposed Designated Cultural Resource, notice of the date, place, time and purpose of the hearing shall be given by first class mall to the applicant, property owner, and occupants of the improvement at least ten (10) days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of general circulation. 6. In the case of a proposed Cultural Resources District, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicant, property owners and occupants of all properties within the proposed district at least ten (10) days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment roils, and shall be advertised once in a newspaper of general circulation. 7. At the conclusion of the public hearing, but -in no event more than thirty (30) days from the date set for the initial public hearing for the designation of a proposed Cultural Resource or Cultural Resource District, the Committee shall recommend approval in whole or in part, or disapproval In whole or in part of the application in writing. In the case of a proposed Cultural Resource District, the Committee's recommendation shall be forwarded to the Planning Commission who shall follow all Zoning Amendment procedures contained in the Tustin Municipal Code considering establishment of the Cultural Resource District. In the case of designation of a Cultural Resource or site, the Committee's recommendation shall be transmitted directly to the City Council. 8. The City Council, after receipt of the recommendations from the Planning Commission for designation of a Cultural Resource District, shall by ordinance approve the application in whole or in part, or shall by motion disapprove it in its entirety. In the case of designation of a Cultural Resource recommended by the Committee the City Council shall by resolution approve the application In whole or in part of, or by motion disapprove the request, 9. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in conjunction with the proposed designation. 10. As soon thereafter as reasonably possible the Community Development Department shall send by first class mail a copy of the Ordinance designating a Cultural Resource District or a certified copy of the resolution designating a Cultural Resource to the property owner or owners In the District or the property owner or owners of the Cultural Resource, as applicable. 14. Amendment, revision or deletion of a designation may be accomplished by following the above procedures. f Certificate of Appropriateness Required A Certificate of Appropriateness shall be required prior to: (a) Alteration of the exterior features of a building or site within a designated Cultural Resource District, or alteration of a Designated Cultural Resource, or construction of improvements within a designated Cultural Resources District requiring a City building permit. (b) Demolition or removal of any Designated Cultural Resource or of any improvements in a Cultural Resource District. (c) A certificate of appropriateness shall not be required for the following: (1) ordinary maintenance or repairs that do not Involve a change in design, exterior material or original appearance of an improvement, nor (2) any construction, reconstruction, alteration or removal of any feature which has been determined by the Building Official to be necessary to protect the public health or safety due to an unsafe or dangerous condition provided the Building Official certifies such action. g Procedure for Certificate of Appropriateness Page 44 Application for a Certificate of Appropriateness shall be made on forms provided by the Community Development Department and shall contain whatever detailed information (plans, drawings, agreements, photographs, etc.) as is determined by the Community Development Department to be necessary for the Department to act. on the request. Where the proposed project requires other discretionary approvals such as a tentative tract map, the background Information shall also be concurrently submitted to the Department on each of these applications. 2. Applications for Certificate of Appropriateness shall comply with the California Environmental Quality Act (CEQA). 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. (Ord. No. 1429, Sec. 11.27, 5-21-13) 4. Any person may appeal any decision of the Director of Community Development or Planning Commission in accordance with Section 9294 of this Code (Appeals). 5. A Certificate of Appropriateness shall lapse and become void one (1) year following the date on which the certificate was approved unless the conditions of the approval specify a lesser or greater time or unless, prior to such expiration date, a building permit is Issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the application. A Certificate may be renewed for an additional period of one (1) year or for a lesser or greater period provided that prior to the expiration of the time period granted, an application for renewal of the permit is filed with the Community Development Department. The Community Development Director may approve, approve with conditions or deny an application for renewal of a Certificate of Appropriateness; such decision may be appealed as set forth in paragraph 4 above. 6. Any Certificate of Appropriateness granted in accordance with the terms of this section may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such Certificate are violated or upon violation of any applicable provisions of this section. Before the Council considers revocation of any Certificate of Appropriateness, the Planning Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its findings andits recommendations on the revocation to the City Council who will act on the matter. h Required Findings for Construction or Alteration The following findings are required for issuance of a Certificate of Appropriateness for alteration of Designated Cultural Resources, or for construction of improvements within a Cultural Resource District, No Certificate shall be issued if the findings cannot be made. For worm on a Designated Cultural Resource within a Cultural Resource District, the required findings for both the resource and district shall be made. Alteration of a designated cultural resource: (a) The proposed work will not detrimentally alter, destroy or adversely affect the resource and, in the case of a structure, is compatible with the architectural style of the existing structure. (b) The proposed modification will retain the essential elements which make the structure, site or feature culturally significant. Page 45 2. Construction of Improvements in a Cultural Resource District. (a) The proposed work conforms to the Municipal Code and design standards which may be established from time to time by the Historic Resource Commlttee. (b) The proposed work does not adversely affect the character of the district or Designated Cultural Resources within the district. (c) The proposed work is harmonious with existing surroundings, The extent of harmony shall be evaluated in terms of appropriateness of materials, scale, size, height, placement and use of a new building or structure In relationship to existing buildings and structures and the surrounding setting. I Findings and Additional Permit Procedures for Demolition, Removal or Relocation of Designated Structures or Structures Constructed Prior to 1940: 1. A Certificate of Appropriateness for the demolition of a Designated Cultural Resource shall not be approved unless the Community Development Director or, on appeal, the City Council finds that one (1) or more of the following conditions exist: (a) The structurelsite Is a hazard to public health or safety and repairs or stabilization are not physically possible. (b) The site is required for a public use which will be of more benefit to the public than the Cultural Resource, and there is no feasible alternative location for the public use. (c) For a Designated Cultural Resource only: (1) It is not feasible to preserve or restore the structure, taking into consideration the economic feasibility of alternatives to the proposal. (2) The proposed replacement structure does not detract from the neighborhood. (d) Reconstruction or restoration is not economically feasible or practical. 2. No person shall carry out or cause to be carried out any demolition, removal or relocation of a Designated Cultural Resource or structure within a Cultural Resource District built prior to 1940 without first receiving a demolition or relocation permit from the City. Such permit shall not be issued unless one of the following events has occurred and in the case of a demolition the applicant has complied with 1.3 below: (a) A Certification of Appropriateness has been approved by the Community Development Director or by the City Council on appeal; or (b) A period of 180 days has expired from the date of the Community Development Director's denial of the Certificate of Appropriateness, and there has been no City Council appeal. (c) A period of 180 days has expired from the date of City Council denial of a Certificate of Appropriateness. 3. In addition to the above requirement, no demolition permit or relocation permit shall be issued for the demolition or relocation of a Designated Cultural Resource or structure within a Cultural Resource District built prior to 1940 until a Certificate of Appropriateness and City building permit has been issued for a replacement structure or as otherwise approved by the Director of Community Development, (Ord, No. 1429, Sec. 11.28, 5-21-13) 1 Design Criteria and Development Standards The City Council may establish, promulgate and adopt by resolutlon, design criteria and standards for properties as are necessary to supplement the provisions of this section as a Page 46 guide to evaluate applications for Certificates of Appropriateness, said criteria may include, but not be limited to, the following: (a) Acceptable materials for new construction such as stucco, masonry, metal, and glass curtain.- (b) urtain;(b) Appropriate architectural character, scale, and detail for new construction; (c) Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers; (d) Acceptable textures and ornamentation such as paint colors and types, use of wood, stone, metal, plaster, plastics, and other man-made materials, use of shutters, wrought and cast iron, finishes of metal, colors of glass, such as sliver, gold, bronze, smoke, and other details or architectural ornamentation; (e) Acceptable accessories on new or existing structures such as light fixtures, gas lights, canopies, exterior carpentry, tile or wood, signs, banners, flags and projections. 2. Residential standards (a) Permitted uses: (1) All uses shall be permitted in the Cultural Resources Overlay District as are authorized in the underlying Residential District. (2) 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. (3) Accessory dwellinSeGB El Fesidentiat-units not within existing single-family dwellings or existing accessory buildings, subject to a recorded deed restriction approved by the City: (a) Maximum height: 2530 feet. (b) Minimum building site: None. (c) Maximum overall lot coverage for all structures combined: 50 percent. (d) Maximum lot coverage for the accessory dwellingaeseHd Feed.rial unit: None. (e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit: (f) er nff_rtreet paeki,49i 20 fee (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 accessory dwell ingseGond-residentia4 unit: 50 percent of primary single-family dwelling, not to exceed 600 square feet. (j) The accessory dwellinides-*al 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. (k) The accessory dwellingsesend PARWAAti2,l 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. (1) The accessory dweliingsesend-res4de-n4al unit shall be constructed concurrently with, or subsequently to, the primary single-family dwelling, which shall be conforming or brought into conformance with the Tustin City Code, Page 47 (m) All entrances to the accessory dwellincsesond-residential unit shall be to the rear of the primary single-family dwelling and shall not be visible from the public right- of-way. (n) When the new residential unit is built between the existing single-family dwelling and the front property line, the rear unit must comply with the provisions of this section. a An accessory dwelling unit shall not be allowed on a lot developed with an accessory buildinU used as quest quarters or a guest house. {p) A maximum of one f 1) accessory dwelling unit shall be allowed per building site. (Ord. No. 1454, Sec. 4, 9-15-15) (b) Site development standards (applicable to creation of new lots only): (1) Minimum single-family lot size: 10,000 square feet. (2) Minimum multiple -family lot size: 15,000 square feet. Development of existing lots within the CR District may proceed consistent with the underlying residential zoning district. (Ord. No. 1207, Sec. 2, 11-16-98) (c) Prohibited uses Accessory buildings used as guest quarters. (Ord. No. 1454, Sec. 5, 9-15-15) 3. Commercial standards (a) Permitted uses: (1) All uses shall be permitted in the Cultural Resource District as are authorized in the underlying commercial district. The City Council may also permit other nonlisted uses which support the purpose of the district as a conditional use following a public hearing and recommendation from the Planning Commission. (b) Limitations on permitted uses: (1) No merchandise shall be displayed nor advertised for sale on or over public right-of- way. This section is not to be construed as restricting nor limiting the outside display and sale of merchandise on private property within the district. (c) Authorized and encouraged uses. The following uses are authorized and encouraged with the interest of creating a commercial village atmosphere: Pipe and tobacco shops Wine tasting rooms/Micro-winery (not subject to distance requirements in Section 927ldd) Leather goods Candle shops Lamp shops Yardage goods Knit shops ice cream shops Page 48 Director 2 covered spaces for each mobile home (tandem Mobile homes (in mobile home parks) parking permitted in an attached carport), plus 1 guest parking space for each 10 units Multifamily housing Accessory dwelling&�r _ �Q Triol units 2 covered spaces for each dwelling unit, plus 1 unassigned guest space for every 4 units n,.+ria +I, I+..r I FeEiBuFee rlir+rc +: 12 gaFage spaCeS per unit or bedroorn, whichever is greater, in addition to that required for the primary single-family unit Within the WU -�I � '+hi '. v$+-cr.:r< <rn, c'clr�u+�c.`�BFIFEE �SStr1£�: � a��ci,—�r"rrrmr�agaF ane or carpeFt, i - dditiep to th -a+ r ed for Required parking spaces for accessory dwelling units may be tandem spaces and within side yard and/or rear Vard setback areas, but not blocking access to a re uired garage parking -space and not within front yard setback areas, except on existing driveways. See Section 9271ii for exceptions to the parking requirements for accessory dwelling units. Senior citizen congregate care housing 1 space for every 3 beds 1 space for each unit with 50 percent of the spaces as Senior citizen multifamily housing covered spaces, plus 1 guest parking space for each 10 units 2 spaces, within a fully enclosed garage, for each unit Single-family housing with 4 or fewer bedrooms, and 3 spaces, within a fully enclosed garage, for each unit with 5 or more bedrooms Retail Trade Automobile parts and supplies, including 1 space for each 400 sq. ft. of gross floor area Page 57 (Ord. No. 1454, Sec. 6, 9-15-15; Ord. No. 1462, Sec. V1, 11-3-15) h Disabled/Handicapped Parking Requirements. Parking areas shall include parking spaces accessible to the disabled in the following manner: 1. Number of spaces and design standards. Parking spaces for the disabled shall be provided in compliance with the accessible parking requirements contained in the California Building Code. 2. Reservation of spaces required, Disabled accessible spaces required by this Section shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use. 3. Upgrading of markings required. Standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces within the City shall be in compliance with the State standards. Upgrading to the State standards shall be completed by affected property owners within sixty (60) days of their being notified in writing by the City of new State standards, or within a time period and in a manner prescribed by State law, whichever is earlier. 4. Fulfilling of requirements. Disabled accessible parting spaces required by this Section shall count toward fulfilling off-street parking requirements. Stacking Space. Number and location of stacking spaces for drive-through lanes shall be determined during project review, A stacking space shall have the same length as a standard ping space. Uses not Listed in Section 9263 Table. 1. The required number of parking spaces for uses not listed in Section 9263 Table 1 shall be the same as for a use specified which has similar traffic generating characteristics. The Community Development Director and City Engineer or their designee, shall determine what constitutes similar traffic generating characteristics. (Ord. No. 1354, See. H, 114-08; Ord. No. 1373, Sec, II, 1-19-10; Ord. No. 1418, Sec. 8,2-5-13; Ord, No. 1425, Sec. 23-2-5-13) 9264 - REDUCTION OF OFF-STREET PARKING REQUIREMENTS a Joint Use Of Parking Areas. With the approval of a Conditional Use Permit, parking facilities may be used jointly. for nonresidential uses with different peak hours of operation. Requests for a minor Conditional Use Permit for shared parking shall meet all of the following requirements: 1. A parking study prepared by a California licensed traffic engineer or civil engineer experienced In the preparation of such study shall be submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint use Page 61 I space for each 250 sq, ft. of gross floor area for the Veterinary clinics and hospitals first 4,000 sq. ft. of medical space within a building or center, and 6 spaces for each 1,000 sq. ft, of gross floor area in excess of 4,000 square feet. Video rental 1 space for each 250 sq, ft. of gross floor area (Ord. No. 1454, Sec. 6, 9-15-15; Ord. No. 1462, Sec. V1, 11-3-15) h Disabled/Handicapped Parking Requirements. Parking areas shall include parking spaces accessible to the disabled in the following manner: 1. Number of spaces and design standards. Parking spaces for the disabled shall be provided in compliance with the accessible parking requirements contained in the California Building Code. 2. Reservation of spaces required, Disabled accessible spaces required by this Section shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use. 3. Upgrading of markings required. Standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces within the City shall be in compliance with the State standards. Upgrading to the State standards shall be completed by affected property owners within sixty (60) days of their being notified in writing by the City of new State standards, or within a time period and in a manner prescribed by State law, whichever is earlier. 4. Fulfilling of requirements. Disabled accessible parting spaces required by this Section shall count toward fulfilling off-street parking requirements. Stacking Space. Number and location of stacking spaces for drive-through lanes shall be determined during project review, A stacking space shall have the same length as a standard ping space. Uses not Listed in Section 9263 Table. 1. The required number of parking spaces for uses not listed in Section 9263 Table 1 shall be the same as for a use specified which has similar traffic generating characteristics. The Community Development Director and City Engineer or their designee, shall determine what constitutes similar traffic generating characteristics. (Ord. No. 1354, See. H, 114-08; Ord. No. 1373, Sec, II, 1-19-10; Ord. No. 1418, Sec. 8,2-5-13; Ord, No. 1425, Sec. 23-2-5-13) 9264 - REDUCTION OF OFF-STREET PARKING REQUIREMENTS a Joint Use Of Parking Areas. With the approval of a Conditional Use Permit, parking facilities may be used jointly. for nonresidential uses with different peak hours of operation. Requests for a minor Conditional Use Permit for shared parking shall meet all of the following requirements: 1. A parking study prepared by a California licensed traffic engineer or civil engineer experienced In the preparation of such study shall be submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint use Page 61 is proposed. The methodology to be used in preparing the study shall be that promulgated by the Institute of Transportation Engineers (ITE).- 2. ITE);2. The number of parking spaces which may be credited against the requirements for the structures or uses involved shall not exceed the number of spaces reasonably anticipated to be available during different hours of operation,- 3. peration; 3. Parking spaces designated for joint use shall be located so that they will adequately serve the uses for which they are intended, 4. A written and recorded agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. 5. Zoning Administrator approval of a minor Conditional Use Permit is required for parking areas serving structures totaling less than thirty thousand (30,000) square feet. Planning Commission approval of a Conditional Use Permit is required for all other parking areas with joint -use parking_ b Historic Resource Residential Parking. When associated with a recognized historic resource, as identified in this Section, the number of required off-street parking spaces may be decreased by one (1) garage or parking space upon Zoning Administrator approval of a minor adjustment per Section 9290 (Zoning Administrator). Approval of a minor adjustment can be made when all the following circumstances are found to apply: 1. The adjusted decrease is for parking that serves a residence that is currently listed or is qualified to be listed in the City's Historical Resources Survey, 2_ A minimum one -car garage is provided on-site. 3. Providing a new garage space or access to a new garage could result in the significant alteration or demolition of any historic structure or resource listed or eligible to be listed in the City's Historical Resources Survey including historic garages that contribute to the listing of the structure or resource. 4. New increases in square footage would not exceed one hundred fifty (150) percent of the square footage of the structure that legally existed as of the date of adoption of this Ordinance,- and, rdinance;and, the total gross floor area of the residence does not exceed two thousand (2,000) square feet, including any detached habitable space (e.g. guest house, etc.). 5_ The required number of parking spaces can be accommodated off-street outside of a fully enclosed garage within an existing legal driveway, tandem space, carport, etc. 6. The adjusted decrease is granted as a means to preserve the integrity of the historic structure. 7. That the design of the modification to the historic resource will be a positive contribution to the community. 8. The adjusted decrease is not associated with the audition of an accessory dwell i nq-_seGGAd residential unit as authorized in See4ions-fl222 and 9223 of this Code. c Reduction in parking due to American Disabilities Act (ADA) upgrade. When required solely as a need to upgrade existing parking facilities to comply with Title 24, Title III and California Code of Regulations (CCR), or other California Access Codes or requirements, the total number of required parking spaces may be reduced at the discretion of the Community Development Director. The property owner shall demonstrate that by bringing the site into conformity with State and Federal ADA, required nonaccessible parking spaces will be unavoidably lost and shall submit a parking lot site plan that clearly identifies the entire onsite parking area showing that the loss of required nonaccessible parking spaces is unavoidable by parking space redesign. The Community Development Director may require appropriate parking lot redesign options that maintains any portion of the number of required nonaccessible parking spaces. Page 62 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 off-site. (Ord. No. 1429, Sec. 11.48, 5-21-13) 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. ll Accessory dwelling units (see Section 925212 for standards applicable to accessory dwelling units in the Cultural Resource District that are not within existing single-family dwellings or existing accessory buildings)_ A maximum of one (1) accessory dwelling unit shall be allowed per buildirq site (a)Accessory dwelling units not within existing single-family dwellings or existing accessory buildings, subject to a recorded deed restriction approved by the City (1) Maximum height: 25 feet. (2) Minimum building site: 10,000 square feet. (3) Maximum overall lot coverage for all structures combined: 50 percent. (4) Maximum lot coverage for the accessory dwelling unit: 30 percent of rear yard and 30 percent of side yard. (5) Minimum front yard setback: 50 feet for detached unit: 20 feet for attached unit. (6) Minimum side yard setback: Corner lot line: 10 feet. Interior lot line: 5 feet. (7) Minimum rear yard setback: 5 feet. (8) Maximum floor area of _accessory dwelling unit: 50 percent of primary single-family dwelling, not to exceed 10 percent of total building site area. (9) Any accessory dwelling unit shall be consistent with the architectural styli;, materials and color of the primary single-family dwelling and shall not detract from the sin le-famil appearance of the grimaly single-family dwelling. (10) Any accessory dwelling 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 Page 97 that is listed_ in the California Register of Historic Places or the City of Tustin Historical Resources Survey. T (11) Any accessory dwelling unit shall be constructed concurrently -with, or subsequent to, the primary single-family d welling, which shall be conforming or brought into conformance with the Tustin City Code. (12) All entrances to any accessory dwelling unit shall be located toward the rear of the „primary single-family dwelling and shall not be visible from the public right-of-way. [13) When the primary single-family dwellin__would conform to the development standards normally applicable to accessory dwelling units, and the accessory dwelling unit is built between the primary sinqle-family dwelling and the front property line, the accessory dwelling unit shall be subject to the development standards normally applicable to the primary single-family dwelling. (14) An accessory dwelling unit shall not be allowed on a lot developed with an accessory building used as quest Quarters or a quest house. b Accessory dwelling units within existing single-family dwellings or existing accessory buildings, subiect to a recorded deed restriction approved by the City Independent exterior access shall be provided. �2-) Side and rear setbacks shall be sufficient for fire safety. (c) No parking shall be required for the accessory dwelling unit in any of the following circumstances: The accessory dwelling -unit is within the Cultural Resource District. (2) The accessory dwelling unit is within one-half (112) mile of public transit. (3) The accessory dwelling unit is within one (1) block of a car share area. (4) The accessory dwelling unit is within an existing single-family dwelling or existing accessory building. All building code provisions shall apply unless otherwise exempted by State law. (Ord. No. 1429, See. 11.49, 5-21-13) 9272 - DESIGN REVIEW a Review Required (1) The City Council finds that poor duality 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 benefits of both potential and existing uses to the detriment of the public health, safety, comfort and general welfare. (Ord. No. 1429, Sec, 11.50, 5- 21-13) (2) The City Council further finds that quality evaluations are necessary to fully accomplish the purpose of regulations designed to control such matters, since such regulations cannot both Page 98 9297 - DEFINITIONS "Accessor Dwelling Unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include -perm anent provisions for living, sleeping, eating, cooking, and sanitation on a lot developed with a legal conforming or legal nonconforming single-family dwelling, and if rented, must have a minimum rental term of thirty (30) days. "Administrative Office" means an office for the rendering of service or general administration, but excluding retail sales. (Ord. No. 157, Sec. 11.1) "Adult Bookstore" shall mean an establishment having as a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or related to specified sexual activity or specified anatomical areas, or an establishment with a segment or section thereof devoted to the sale or display of such material. (Ord. No. 819, Sec, 1, 2-19- 80) "Adult Business" shall mean any business which is conducted exclusively for the patronage of adults, and as to which minors are specifically excluded from patronage thereat, either by law or by the operators of such business. "Adult Business" shall also mean and include adult bookstores, adult theaters, topless dancing, stripping, figure modeling studios, adult motels or hotels, but shall not include those uses or activities the regulation of which are preempted by state law. (Ord. No. 819, Sec. 1, 2-19-80; Ord, No. 1462, Sec. VII, 11-3-15) "Adult Hotel/Motel" shall mean a hotel or motel which provides, through closed circuit television, or other media, material which is distinguished or characterized by the emphasis on matter depicting or describing or related to specified sexual activities or specified anatomical areas_ (Ord. No. 819, Sec. 1, 2- 19-80) "Adult Park" means any mobile home or travel trailer park the spaces of which are rented or leased only to persons having no children under the age of fifteen (15). (Ord. No. 329, Sec. 2) "Adult Theater" shall mean a theater which presents live entertainment or motion pictures or videotaped presentations or slide photographs, which are distinguished or characterized by their emphasis on matter depicting, describing, or related to specified sexual activity or specified anatomical areas. (Ord. No. 819, Sec. 1, 2-19-80) "Alcoholic Beverage Sales Establishment" means any establishment where an alcoholic beverage is sold, including, but not limited to, liquor stores, bars, lounges, restaurants, markets, mini -marts, gas stations, drive-in dairies, bakeries and florists. (Ord. No. 920, Sec. 6, 11-19-84) "Alley" means a public or private way less than thirty (30) feet in width which affords a secondary means of access to abutting property. (Ord_ No. 157, Sec. 11,2) "Alteration means any exterior change or modification requiring a building permit of any Designated Cultural Resource or of any property located within a Cultural Resource District. (Ord. No. 1001, Sec. 3, 6-20-88) "Apartment" means any building or portion thereof which is designed and built for occupancy of three (3) or more families. (Ord. No. 157. Sec. 11.3) "Beverage" means beer and other malt beverages, carbonated mineral and soda waters, and similar carbonated soft drinks in liquid form which are intended for human consumption. (Ord. talo. 993, Sec. 1, 9- 8-87) "Beverage container" means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of these materials. 'Beverage container does not include cups or other similar open or loosely sealed receptacles. (Ord. No. 993, Sec. 1, 9-9-87) "Block" means all property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead end street or city boundary. An Page 123 Intercepting street shall determine only the boundary of the block on the side of a street which it Intercepts. (Ord. No. 167, Sec. 11,6) "Boarding House" means a dwelling other than a hotel or motel, where lodging and/or meals for three (3) or more persons is provided for compensation. (Ord. No. 157, Sec. 11,6; Ord. No. 1226, Sec, IV, 1-17-00) "Building" means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel. (Ord. No. 157, Sec. 11.7) "Building, Accessory" means a subordinate building Including shelters or pools, the use of which is Incidental to that of the main building on the same lot and/or building site. (Ord, No_ 157, Sec. 11.8) "Building, Main" means a building in which is conducted the principal use of the lot and/or building site on which it is situated. (Ord. No. 158, Sec. 11.9) "Building Setback Line" means a line established to denote the minimum distance a building may be constructed from a property line or right-of-way line, (Ord. No. 353, Sec. 4) "Building Site" means a lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory building, together with such open spaces as are required by the terms of this Chapter and having its principal frontage on a street, road, highway or waterway. (Ord. No. 157. Sec. 11.10) "Business, Retail" means any establishment where the retail sale of any article, substance, or commodity, but not Including the sale of lumber or other building materials, or the sale of used or secondhand goods or materials of any kind, (Ord. No, 157, Sec. 11.11) "Business, Wholesale" means the wholesale handling of any article, substance or commodity, but not Including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance. (Ord. No. 157, Sec. 11.12) "Carport" means a permanent, roofed structure, used for automobile shelter and automobile storage, In addition to the lockable storage hereinafter specified, Lockable, usable and accessible storage space of at least ninety (90) cubic feet shall be provided in all carports, (Ord. No, 304, Sec. 2) "Certificate of Appropriateness" means an approved certificate issued for the construction, demolition, alteration, removal, or relocation of any publicly or privately owned Designated Cultural Resource, or any structure, natural feature, or site within a Cultural Resource District. (Ord. No, 1001, Sec. 3, 6-20-88) "Combining District" means any district In which the general district regulations are combined with those special districts -defined In Section 9213 for the purpose of adding additional special regulations. (Ord. No, 157, Sec. 11,13) "Committee" means the Historic Resource Committee. (Ord, No. 1001, Sec. 3, 6-20-88; Ord. No. 1301, § Vil, 9-19.05) "Community Development Director" means the Director of the Community Development Department or designee. (Ord. No. 1301, § VIII, 9-19-05) "Consumer" means every person who, for his or her use or consumption, purchases a beverage in a beverage container from a dealer. "Consumer" Includes, but is not limited to, a lodging, eating, or drinking establishment, and soft drink vending machines. (Ord, No. 993, Sec. 1, 948-87) "Convenience Store" means any establishment under fifteen thousand (15,000) square feet in size where food, beverage, magazine and auto related items, or any combination thereof, are sold for offsite use and/or consumption. (Ord. No. 981, Sec. 11, 54-87) "Convenience Zone" means the area within a'A 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. Page 124 - 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. (Ord. No. 1429, Sec. 11.70, 5-21-13) "Cultural Resource District" means any area containing improvements which have a special character, historical interest or aesthetic value or which represent one (1) or more architectural periods or styles typical to the history of the City, and which improvements constitute a distinct section of the City that has been designated a Cultural Resource District pursuant to Section 9252 of the Zoning Code. (Ord. No, 1001, Sec. 3, 6-20-58) "Day Care Center" - pursuant to California Health and Safety Code defined as any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers. (Ord, No. 1367, Sec, ll, 4--10) "Delicatessen" means a small market or deli selling ready -to -eat foods, including, but not limited to, cold cooked meats, sandwiches, and salads. (Ord, No. 1429, Sec. 11.70, 5-21-13) "Demolition" means to tear down or demolish. (Ord. No, 1001, Sec. 3, 6-20-88) "Designated Cultural Resource" means improvements, buildings, structure, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the residents of the City that has been desiignated a Cultural Resource by the City Council. (Ord. No. 1001, Sec. 3,6-20-W) "Designated Site (Cultural Resource Site)" means a parcel or part thereof on which a cultural resource Is situated, and which has been designated a cultural resource site by the City Council. (Ord. No. 1001, Sec. 3, 6-20-88) "District' means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this Chapter. (Ord. No. 157, Sec, 11.14) "Driveway" means a paved area of a lot located between the public right-of-way and the garage, carport, or required parking space designed and intended as an access way between a private or public road and the garage, carport, or required parking space, (Ord, No. 1240, Sec. 2, 8-6-01) "Dwelling" means a building or portion thereof designed for residential use. (Ord. No. 157, Sec, 11.15; Ord. No. 1225, Sec. IV, 1-17-00; Ord. No. 1429, Sec.11.70, 5-21-13) "Dwelling, Single -Family" means a building designed for, or used to house not more than one (1) family, including all necessary employees of such family. (Ord. No. 157, Sec. 11. 16) "Dwelling, Two -Family" or "Duplex" means a building containing not more than two (2) kitchens, designed andlor used to house not more than two (2) families, living Independently of each other, including all necessary employees of each such family. (Ord. No.157, See. 11.17) "Dwelling, Multiple" means.a building, or portion thereof, used and designed as a residence for three (3) or more families living independently of each other and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including motels, boardinghouses, and Weis. (Ord. No. 157, Sec. 11.18) "Dwelling Groups" means a group of two (2) or more detached one -family, two-family, or multiple dwellings occupying a parcel of sand in one (1) ownership and having any yard or court in common, but not Including automobile courts. (Ord. No. 175, Sec. 9) . "Exterior Architectural f=eature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including, but not limited to, Page 125 the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. (Ord. No. 1001, Sec, 3, 6-20-88) "Family" means an individual or two (2) or more persons living together as a single housekeeping unit in a dwelling unit. (Ord. No. 157, Sec, 11. 20; Ord. No. 1225, Sec. IV, 1-17-00) "Family Park" means any mobile home or travel trailer park, the spaces of which are rented or leased without restriction upon the ages of the children or occupants, (Ord. No. 329, Sec. 2) "Fence" means any structural device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials. (Ord. No. 157, Sec. 11.21) "Figure Modeling Studio" shall mean any establishment in which models pose while exposing specified anatomical areas. (Ord. No, 819, Sec. 1, 2-19-80) "Frontage" or "Fronting" means the portion of a parcel which abuts a street right-of-way. (Ord. No, 1429, Sec.11.70, 5-21-13) "Garage, Private" means a detached, accessory building, or a portion of a main building on the same lot as a dwelling, used primarily for the housing of. vehicles of the occupant of the dwelling, having a roof, and enclosed on at least three (3) sides, with the fourth side being a lockable door, with not less than ten feet by twenty feet (10' x 20') clear and unobstructed inside dimensions, and which shall be permanently maintained as a parking accommodation. (Ord. No. 733, Sec. 7) "General Office" means an office for the conduct of any of the following uses or uses determined by the Community Development Director and/or the Planning Commission to be similar: accountants, advertising agency, contractors and building consultants, drafting, economic consultant, escrow, insurance, public -utility office (not including corporate yards), real estate offices. (Ord. No. 1367, Sec. 11, 4-6-10) "Guesthouse" means detached living quarters of a permanent type of construction and without kitchens or cooking facilities and where no compensation in any form is received or paid. (Ord. No, 157, Sec. 11.23) "Guest Quarters" means an attached or detached building or room that provides living quarters for guests and (a) contains no kitchen or cooking facilities; (b) is 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. (Ord_ No. 1429, Sec. 11,70, 5-21-13) "Height of Building" means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof. (Ord. No. 157, Sec. 11.25) "Home Occupation" means an occupation carried on wholly within a dwelling by an occupant of the dwelling, as a secondary use. (Ord. No. 330, Sec. 2B; Ord. No. 1429, Sec. 11.70, 5-21-13) "Hotel" --See Motel. (Ord. No. 157, Sec. 11.26) "Improvement" means any building, structure, parking facility, fence, gate, wall, landscaping requiring a building 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 for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, whether for sale or storage. (Ord. No. 157, Sec. 11.27) "Kennel" means any lot or premises on which more than three (3) dogs, cats or similar small animals, more than three (3) months of age are kepi, boarded, or trained, whether In special buildings or not. (Ord. No. 352, Sec. 1) Page 126 "Large Family Day Care Home" pursuant to California Health' and Safety Code definition and the development standards In TCC Section 9271 aa. (Ord. No. 911, Sec. 7, 5-21-84; Ord. No, 1367, Sec. 11, 4- 6-10) "Legal Nonconforming" shall mean a use or structure, whenever established, that was lawfully established and continuously used or occupied under previous regulations, standards, and/or requirements but that does not meet existing zoning codes, regulations, and/or standards. (Ord, No. 1397, Sec. 8, 11-15-11) . "Lot"—See Building Site. (Ord. No. 157, Sec. 11.28) "Lot 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. (Ord. No. 1429, Sec. 11.74, 5- 21-13) "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 near lot line. (Ord. No. 157, Sec. 11.30) "Lot Types" means types of lots that include the following (See Figure 5-3), Lot Types; 1. Comer 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. tf the intersection angle is more than 135 degrees, the lot is considered an interior lot. 2. Double -frontage lot. A "through" lot with frontage on two 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. 6. Reverse comer lot. A comer lot in which the corner lot line is substantially a continuation of the front property line of the first lot to its rear. Page 127 F„tun ":,L21lam— �i LMINW "a00 Lot *XW Lai IMOWr�ot a r J (Ord. No. 1429, Sec. 11.70,5-21-13) "Material" relative to adult businesses shall mean and Include, but not be limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, videotapes, and pamphlets, or any combination thereof. (Ord. No. 819, Sec, 1, 2-19-80) "Massage Establishment" shall be defined as set forth In Section 3662 of the Tustin City Code, (Ord. No. 1367, Sec. II, 4-6-10; Ord. No. 1380, Sec. VI, 6-15-10; Ord. No, 1462, Sec. VI 11, 11-3-15) "Medical marijuana dispensary" means any person, association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, processes, distributes, makes available or otherwise facilitates the distribution of marijuana (In any form or incorporated into any other product) to any person, including, but not limited to, a qualified patient, a person with an identification card, or a primary caregiver as those terms are defined in California Health and Safety Code Sections 11362,5 and 11362.7 et seq., as may be amended from time to time. (Ord. No. 1466, Sec. 2, 1-19-16) Page 128 "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 facllity, Wineries shall provide ancillary food service in combination with its primary use. (Ord. No. 1429, Sec, 11, 70, 5-21-13) "Mobile Home" means a vehicle, other than a motor vehicle, designed for human habitation, for carrying persons and property on its own structure, for being drawn by a motor vehicle. (Ord. No. 329, Sec, 2) "Mobile Home Park" means any area or tract of land where one (1) or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to Include rental for the lot it occupies. (Ord. No. 329, Sec. 2) "Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which Is used for the collection of recyclable materials. A Mobile Recycling Center also means the bins, voxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials. (Ord. No, 993, Sec. 1, 9-8-87) "Motel" or "Hotel" means a single building or group of detached buildings, containing guest rooms or apartments, with automobile storage space provided on the site for such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers, (Ord. No. 157, Sec. 11.4) "Nonconforming Use" means a use that does not conform to the regulations for the district in which it is situated. (Ord. No. 157, Sec. 11.33) "Official Plan Line" means a line established to denote the ultimate right-of-way of a street. (Ord. No. 353, Sec. 5) "Parking Space" means accessible and usable space on a building site, at least nine feet by twenty feet (9' x 20) for open parking and ten feet by twenty feet (10' x 20) clear and unobstructed inside dimensions for covered parking, located off the street and for the parking of automobiles. Not less than two (2) parking spaces per dwelling unit shall be provided and permanently maintained as parking accommodation, one of which must be covered. Parking not otherwise required to be in a garage or carport must be located on a paved area on the same lot or parcel of land or contiguous thereto. (Ord. No. 733, Sec, 8) "Paved Area" means an area of any required yard which is constructed with Impervious materials which either results in an increase in the amount of storm water run-off Into public storm drainage facilities or hinders natural percolation of storm water on the subject property. (Ord. No. 1240, Sec. 2, 8-"l) "Person" includes any individual, city, county, or city and county; partnerships, corporations, cooperatives, association, trust or any other legal entities, including the Federal Govemment. (Ord. No. 157, Sec. 11.35) "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. (Ord. No. 1429, Sec. 11.70, 5-21-13) "Portable Vending Device" means any stand, enclosure, booth, klosk, instrument or mechanism Intended to be temporarily used to display, distribute or sell food, beverage, product to the public. (Ord. No. 1123, Sec. 2, 6-6-94) "Processor" means any person, Including a scrap dealer, certified by the State Department of Conservation who purchases empty aluminum beverage containers, nonaluminum metal beverage containers, glass beverage containers, plastic beverage containers, or any other beverage containers, Including any one (1) or more of those beverage containers, which have a redemption value established pursuant to this division, from recycling center in this state for recycling or, if the container is not recyclable, not for recycling, and who cancels, or who certifies to the department in a form prescribed by Page 129 the Department of Conservation of, the redemption value and redemption bonus of these empty beverage containers by processing empty beverage containers, in any manner which the department may prescribe. However, the department shall not take any action regulating scrap dealers or recycling centers who are processors or recycling centers unless authorized by and pursuant to the goals of this division. (Ord. No. 993, Sec. 1, 9-5-87) "Professional Office" means an office for the conduct of any of the following uses or uses determined by the Community Development Director and/or the Planning Commission to be similar: architect, attorney, chiropractor, dentist, designer, doctor, draftsman, engineer, land planner, ophthalmologist or optometrist, podiatrist, surveyor, physician, surgeon, or any others licensed by the State of California to practice the healing arts, including clinics for out-patients only. (Ord. No. 157, Sec. 11.36; Ord. No. 1367, Sec. II, 4-6-10) "Public Transit" means bus stv s with headwa s of thirty 30 minutes or less during peak hours and train stations. "Pushcart" means any wagon, cart, or similar wheeled container, which is not a "vehicle", as defined in the Vehicle Code of the State of California, from which food, beverage, or product is displayed, distributed or offered for sale to the public. (Ord. No. 1123, Sec. 2, 6-6-94) "Pushcart or Portable Vending Device Operator" means any person, firm, partnership, association, corporation, stockholder, including, but not limited to, owners, operators, lessors and lessees, who operate a pushcart or portable vending device for the purpose of vending food, beverage, or product therefrom. (Ord. No. 1123, Sec. 2, 6-6-94) "Pushcart or Portable Vending Device Owner" means any person as defined herein owning or controlling one (1) or more pushcarts and who: (1) Conducts or permits or causes the operation of such pushcart(s) or portable vending device(s) for vending food, beverage or product; (2) Owns, operates, controls, manages, or leases such pushcart(s) or portable vending device(s),- or evice(s);or (3) Contracts with persons to vend food, beverage or product from such pushcart(s) or portable vending device(s). (Ord. No. 1123, Sec. 2, 6-6-94) "Recyclable Material" is reusable material, including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code and Orange County Fire and Health Departments. (Ord. No. 993, Sec. 1, 9-8-87) "Recycle," "Recycled," "Recycling" or "Recyclable" means the reuse or refilling of empty beverage containers or the process of sorting, cleansing, treating, and reconstituting empty postfilled beverage containers for the purpose of using the altered form. 'Recycle," "recycled," "recycling" "recyclable," does not include merely sorting, shredding, stripping, compressing, storing, landfilling with, or disposing of an empty beverage container. (Ord. No. 993, Sec. 1, 9-8-87) "Recycling Center" is a center for the collection of recyclable materials. (See Section 9271 bb for recycling center regulations and classifications). (Ord. No. 1429, Sec. 11.70, 5-21-13) "Recycling Facility" is a center for the collection of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities include the following: A "Certified Recycling Facility" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. Page 130 A "Collection Facility" is a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power -driven processing equipment except as indicated in Section 4 Criteria and Standards. Collection Facilities may include the following: 1. Reverse Vending Machines which occupy an area of not more than fifty (50) square feet. 2. Bulk reverse vending machines occupying no more than five hundred (500) square feet. 3. Large collection facilities which occupy a permanent building or store front. (Ord. No. 993, Sec. 1,9-8-87) "Redemption" and "Redeem" means the return to a recycling center of an empty beverage container for a refund of at least the redemption value and any applicable redemption bonus. "Rest Home" means any premises licensed under Section 2300 of the Welfare and Institutions Code of the State of California. (Ord. No. 157, Sec. 11.37) "Rooming House"—See Boarding House. (Ord. No. 157, Sec- 11.38) "Sanitarium" means a health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs. (Ord. No. 157, Sec. 11.39) "geroRl a building -ori o;wA there. �-desigRed far residertial^e4&e-o4-a-tet develaped w th--a-lens' -^ Pfofming-e oRgle-family dwelling.- (Qrd -No. 1271, Qee. V41, 6 2-93-0rd--N-9� 1 429, SeG. 11.70; 6-21-13; Ord. ni�4, Sec-. 7-,-9-1-5-15) "Service Station" means a 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. (Ord, No. 157, Sec. 11.40; Ord. No. 1429, Sec. 11.70, 5-21-13) "Setback Lines" means a line established by this Chapter to govern the placement of buildings or structures with respect to lot lines, streets or alleys. (Ord. No. 157, Sec. 11.41) "Side and Front of Corner Lots" means the narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces, (Ord. No. 157, Sec. 11.42) "Signs" means any advertising display or structure. (Ord. No. 157, Sec. 11.43) "Small Animal Hospital or Clinic" means a place where small animals, such as dogs, cats, birds, and the like, are given medical or surgical treatment. (Ord.. No. 352, Sec. 2) "Small Family Day Care Home" pursuant to California Health and Safety Code definition and the applicable development standards in TCC Section 9271 aa. (Ord. No. 1367, Sec. [I, 4-6-10) "Special Event" means any commercial, civic, patriotic, religious, cultural, community or political event taking place on a specific date or dates or other such occurrence as determined by the Director of Community Development. (Ord. No. 1123, Sec, 2,6-6-94) "Specialty Store" means a market or retail store other than convenience stores with fewer than 3,500 square feet in gross floor area with limited hours of operation, located in a retail center with more than three (3) retail tenants, that offers a combination of unique foods and beverages not commonly found in convenience or food markets or other retail stores for off-site use or consumption and where alcoholic beverage sales are incidental with no more than fifteen (15) square feet of the retail floor devoted to Page 131 display of non -refrigerated alcohollc beverage sales for off-site consumption and no sales of refrigerated alcoholic beverages. (Ord, No, 1237, Sec, 2, 6-4-01) "Specified Anatomical Areas" shall mead: (1) Less than completely and opaquely covered: (a) Human genitals, pubic regions; (b) Buttock; and (c) Female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. No. 819, Sec, 1, 2-19-80) "Specified Sexual Activities" shall mean: (1) Human genitals in a state of sexual stimulation or arousal; and/or (2) Acts of human masturbation, sexual stimulation or arousal; and/or (3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (Ord. No. 819, Sec. 1, 2-19-80) "Street" means a public thoroughfare accepted by the City of Tustin, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined herein, (Ord. No. 157, Sec. 11.44) "Street Line' means the boundary between a street right-of-way and property, (Ord: No. 157, Sec. 11.45) "Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools, excluding driveways, patios or parking spaces. (Ord. No. 157, Sec. 11.46) "Structural Alterations" means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders. (Ord_ No. 157, Sec. 11.47) "Supermarket" means a full -line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00) or more, and which sells a line of dry grocery, canned foods, or nonfood items and some perishable items. (Ord. No. 993, Sec. 1, 9-87) "Travel Trailer" means a vehicle, other than a motor vehicle, which Is designed or used for human habitation, and for travel or recreational purposes, which does not at any time exceed eight (8) feet in width and forty (40) feet in length and which may be moved upon a public highway without a special permit or chauffeur's license, or both, without violating any provision of the Vehicle Code. (Ord. No. 329, Sec. 2) "Travel Trailer Park" means any area or tract of land or a separate designated section withln a mobile home park where one (1) or more lots are rented or leased or held out for rent or lease to owners or users of travel trailers or camp cars used for travel or recreational purposes. (Ord. No. 329, Sec. 2) "Unit" means any building designed or used for the shelter or housing of one (1) or more persons, and shall include apartments. (Ord. No. 790, Sec. 4, 2-20-79) "Use" means the purpose for which land or a building is designed, arranged, or Intended or for which either land or building is or may be occupied or maintained. (Ord. No. 157, Sec. 11.49) "Use, Accessory" means a use incidental or subordinate to, and devoted exclusively to the main use of a krt or a building located on the same lot. (Ord. No. 157, Sec. 11.50) "Vend" or "Vending" means offering food, beverage, or product of any kind for outdoor sale on any publicly or privately owned sidewalk, drive aisle, street, alley, or unenclosed place open to the public, Page 132 Including the movement or standing of a pushcart or portable vending device for the purpose of searching for, obtaining or soliciting retail sales of products. (Ord. No. 1123, Sec. 2, 6-6-94) "Vending Machines": A "Reverse Vending Machine" Is an automated mechanical device which accepts at least one (1) or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the containers redemption value as determined by the State. A Reverse Vending Machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. (In order to accept and temporarily store all three (3) container types In a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of Reverse Vending Machines may be necessary,) A "Bulk Reverse Vending Machine" is a Reverse Vending Machine that is larger than Fifty (50) square feet; Is designed to accept more than one (1) container at a time; and will pay by weight instead of by container, (Ord. No. 993, Sec. 1, 94-87) "Yard" means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in Section 9271. (Ord. No. 157, Sec. 11.51) "Yard, Front" means a yard extending across the full width of the lot, the depth of which is measured from the front line of the lot to the nearest line of the building; provided, however, that if any Official Plan Line has been established for the street upon which the lot faces, the front yard measurement shall be taken from such Official Plan Line to the nearest line of the building, (Ord. No. 353, Sec. 2) "Yard, Rear" means a yard extending across the full width of the lot and measure_ d between the rear line of the lot and the nearest line of the main building. (Ord. No. 157, Sec. 11.53) "Yard, Side" means a yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. (Ord. No. 353, Sec. 3) 9298 - INTERPRETATION AND ENFORCEMENT a Continuity of Law Except as specifically provided herein, this chapter shall not be Interpreted 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 iaw, ordinance or regulation, the provisions of this chapter shall control. (Ord. No. 157, Sec. 12.1) b Criteria for Use Determination Whenever the Director of Community Development, Planning Commisslon or City Council 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) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large. (2) Effect upon traffic conditions. Page 133 (3) E=ffect upon the orderly development of the area in question and the City at large, In regard to the general planning of the whole community, (4) All other pertinentfacts. (Ord. No. 175, Sec. 10; Ord. No. 1366, Sec. 21, 11-17-90) c Interpretation If any ambiguity arises concerning the appropriate provisions of the chapter, the Director of Community Development shall make an interpretation or the Planning- Commission shall ascertain all pertinent facts and make an interpretation based on Its findings and thereafter such interpretation shall govern. d 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. (Ord, No. 175, Sec. 11; Ord. No. 1366, Sec, 22,11-17-09) e 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. (Ord, No. 157, Sec. 13.2) f Appeals Any person may appeal any decision of the Director -of Community Development in accordance with Section 9294 of this Code, (Ord. No, 157, Sec. 13.3; Ord. No. 1366, Sec. 23, 11-17-09) 9 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 undw local, state, or federal law shall be deemed a prohibited use in all districts within the City. (Ord. No, 1322, Sec, 2,12-4-06) (Ord. No. 1429, Sec. I1.71, 5-21-13) 9299 - ZONING ADMINISTRATOR a Office Created An Office of the Zoning Administrator Is hereby created pursuant to Section 65900 et seq„ of the Califomla Government Code. Page 134 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 permissible under a strict literal interpretation of the regulations. The Zoning Administrator reserves the right to forward any matter listed below to the Planning Commission for consideration and action. Requests for minor adjustments Zoning Administrator variances in excess of the limitations prescribed in this subsection, or those development standards not specifically listed in this subsection, shall be subject to the approval of a variance by the Planning Commission. Requests for conditional use permits or other specified development applications not specifically listed in this subsection shall be subject to the approval of a conditional use permit or other discretionary review by the Planning Commission or other reviewing body as applicable. (1) Minor adjustments: (a) A decrease of not more than five (5) percent of the required building site area. (b) A decrease of not more than ten (10) percent of a required building or landscaping setback. (c) An increase of not more than twenty (20) percent in the maximum permitted height of a fence solid hedge or wall, subject to city approved structural design. (d) An increase of not more than ten (10) percent of the permitted projection of steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry chimneys, raised porches and fireplaces into any required building setback. (e) An increase of not more than ten (10) percent in the maximum permitted building height. (f) A decrease in the number of required off-street parking spaces for nonresidential land uses up to a maximum of ten (10) percent. (g) A decrease of not more than ten percent (10%) in the permitted distances between detached accessory structures and main structures. (h) An increase of not more than ten (10) percent in the maximum permitted driveway area within the front yard setback for residential districts or the front yard for commercial and industrial districts. (Ord. No. 1240, Sec 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08) (i) A decrease in the number of required off-street parking spaces for residential land uses by a maximum of one (1) parking space. When an accessory dwellinq sesand-residential unit is being added under the provisions of Section 9222 or 9223, parking shall be in accordance with this Codee regirerents--o#-these seetions. (Ord. No. 1354, Sec. II, 11-4- 08) (j) A increase of not more than ten (10) percent of the maximum sign area allowed, per zoning regulations. (2) Variances when required by the City Code: (a) A decrease of not more than ten (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 decrease in the number of required off-street parking spaces for nonresidential land uses up to a maximum of twenty (20) percent. Page 135