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HomeMy WebLinkAboutPC RES 4210 CODE AMDMT 13-001RESOLUTION NO. 4210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND CODE AMENDMENT 13 -001 (CA 13 -001) ORDINANCE NO. 1429 TO AMEND ARTICLE 4 AND ARTICLE 9 OF THE TUSTIN CITY CODE TO INCORPORATE TEXT AMENDMENTS. The Planning Commission of the City of Tustin hereby finds and determines as follows: A. That the City has initiated Code Amendment 13 -001 to amend Article 4 and Article 9 of the Tustin City Code to incorporate text amendments intended to organize the code using an updated format , incorporate legal updates and changes to reflect California State Law, and update terminology and definitions; B. That proposed amendments to Articles 4 and 9 of the Tustin City Code (TCC) require the approval of an ordinance approving Code Amendment 13 -001; C. That proposed Code Amendment 13 -001 is considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA"). Therefore, an Initial Study and findings for a proposed Negative Declaration (Exhibit A) have been prepared regarding this project for recommendation by the Planning Commission; D. That a Notice of Intent to Adopt a Negative Declaration was filed with the Clerk for the County of Orange for posting, and provided to members of the public using a method permitted under CEQA Guidelines Section 15072(b). The Initial Study and Draft Negative Declaration were available for a 20 -day public review and comment period from February 20, 2013, through March 12, 2013, in compliance with the State CEQA Guidelines; E. That the City Council is the final authority for the project and will consider the Draft Negative Declaration prior to approval of proposed Code Amendment 13 -001; F. That on February 7, 2013, the City gave public notice of the holding of a public hearing at which the project would be considered by publishing in a newspaper of general circulation, and by posting a notice at City Hall; G. That on February 26, 2013, Code Amendment 13 -001 (Draft Ordinance No. 1429) was transmitted to the Planning Commission and made available for public review; H. That on March 12, 2013, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the code amendment and at which time the Planning Commission continued the public hearing until April 9, 2013, at which the Planning Commission considered the Initial Study, Negative Declaration, such oral and written testimony submitted, the staff report, and Code Amendment 13 -001; Resolution No. 4210 CA 13-001 Page 2 II. That Code Amendment 13-001 is consistent with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin in that the proposed amendment will further the following goals and policies: LU Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Policy 6.12 Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety. Policy 8.6 Encourage planned improvements to electricity, natural gas, and communication service systems. lll. The Planning Commission hereby recommends that the City Council adopt Negative Declaration and Code Amendment 13-001 (Ordinance No. 1429) to amend Article 4 and Article 9 of the Tustin City Code to incorporate text amendments as identified in Exhibit B attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 9th day of April 2013. (I I I I 1A M, I -/STEW OZAK Chairp -rs o n ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE SS CITY OF TUSTIN 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am Commission Secretary of the Planning Commission of the City of Tustin, Resolution No. 4210 was duly passed and adopted at a regular meeting Planning Commission, held on the 9th day of April, 2013. ELIZABETH A. BINSACK Planning Commission Secretary the Planning California; that of the Tustin I MINE'S MEMO EXHIBIT A INITIAL STUDY AND DRAFT NEGATIVE DECLARATION INITIAL STUDY COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 927 (714) 573-3100 Project Title: Code Amendment 13-001 (Ord. No. 1429) Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Amy Stonich, AICP, Senior Planner Phone: (714) 573-3126 Project Location: Citywide Project Sponsor's Name and Address: City of Tustin General Plan Land Use Designation: Citywide Zoning Designation: Citywide Project Description: Code Amendment 13-001 (CA 13-001) Amend Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Surrounding Uses: N/A Other public agencies whose approval is required: ❑ Orange County Fire Authority ❑ City of Irvine ❑ Orange County Health Care Agency ❑ City of Santa Ana ❑ South Coast Air Quality Management ❑ Orange County EMA District ❑ Other Attachment: EXHIBIT 1:Tustin Planning Area Code Amendment 13-001 (CA 13-001) City of Tustin OR= B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ❑ Aesthetics F-1 Air Quality ❑ Cultural Resources ❑ Hazards & Hazardous Materials ❑ Land Use/Planning ❑ Noise ❑ Public Services ❑ Transportation/Traffic ❑ Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture Resources ❑ Biological Resources ❑ Geology/Soils ❑ ❑ Hydrology/Water Quality Mineral Resources ❑ Population/Ho using 0 Recreation ❑ Utilities/Service Systems I find that the proposed Project COULD NOT have a significant effect on the environment, a NEGATIVE DECLARATION will be prepared, and ❑ 1 find that although the proposed project could have a significant effect on the envi IN, there will not be a significant effect in this case because revisions in the ject ha ro nment, made by or agreed to by the project proponent ve been will be prepared. - A MITIGATED NEGATIVE pro DECLARATION ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that although the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ 1 find that although the Proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. — Elizabeth A. Binsack, Community Development Director Date Preparer: Amy Stonich, AICP, Senior Planner 2 Code Amendment 13-001 (CA 13-001) City of Tustin -r1--li;lzll-I D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made and EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a Code Amendment 13 -001 (CA 13 -001) City of Tustin previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. cur 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. g) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. E Code Amendment 13-001 (CA 13-001) Issues: AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rocks outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? City of Tustin F-1 ❑ 1-1 Less Than F-1 1-1 Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact ❑ F-1 F-1 F-1 ❑ 1-1 F-1 F-1 1-1 Ul", ROOM No Impact F� rq F-1 M raim - NOR 1-1- IN Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The City of Tustin General Plan encourages protection of scenic views and resources through site planning and architectural design and through implementation of the Grading and Excavation Code and Manual. The ordinance is intended to update the Zoning Code with text amendments including terminology, definitions, and standards to reflect California State Law. The ordinance is not anticipated to affect any scenic resources in that there are no physical changes proposed. Therefore, this project will not have a substantial adverse effect on a scenic vista. Code Amendment 13-001 (CA 13-001) City of Tustin COMM b) No Impact. The General Plan Circulation Element does not identify any State scenic highwas y within the City. There are no impacts related to the Ordinance in that the text amendments acts will consolidate standards and provide clarification in the Zoning Code. Therefore, no im anticipated from the implementation of the proposed project. p are C) No Impact. The code amendment does not exempt individual projects from review. Impacts related to any future project may be identified and evaluated in conjunction with the applicable discretionary process and may be subject to separate CEQA review. Therefore, no impacts are anticipated from the implementation of the proposed project. d) No Impact. The code amendment will not create a source of light and glare. The amendment seeks to protect scenic views through the addition of light and glare regulations to the Zoning Code. Individual projects may be subject to providing a photometric plan and additional review may be required on a case-by-case basis for lighting of parking lots and loading areas. However, there is no impact associated with this project. Mitigation Measures/Monitoring Required: Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code No additional mitigation measures required. 0 Code Amendment 13-001 (CA 13-001) Issues: AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? City of Tustin Less Than Potentially Significant Less Than No Significant With Significant Impae Impact Mitigation Impact Incorporated 0 ❑ ❑ ❑ ❑ ❑ M ❑ F-1 ❑ N Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format 0, NU Specifically, the proposal would: N Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate Code Amendment 13-001 (CA 13-001) City of Tustin standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and Provisions. a) No Impact. The code amendment will not result in the conversion of farmland to a non- agricultural use. The code amendment will incorporate text amendments including changes to updates to terms in the definitions and include figures where appropriate and updates to terminology and definitions. Furthermore, since there are no improvements proposed in conjunction with this project, it will not result in any impacts to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland). b) No Impact. The code amendment will not result in conversion of farmland to a non-agricultural use. There are no areas subject to a Williamson Act contract, and conservation of farmland in the Tustin Planning Area. Impacts related to any future project would be identified and evaluated in conjunction with each specific project. Therefore, no impacts are forecast to occur as a result of implementation of the code amendment. c) No Impact. As described in Response ll.b above, the proposed project will not directly impact or result in the conversion of existing farmland uses to non-agricultural uses. Therefore, no impacts are forecast to occur as a result of implementation of the code amendment. Mitigation Measures/Monitoring Required: No additional mitigation ROOM,, measures K-10".5ultiS required, Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. A Guide to The Farmland Mapping and Monitoring Program, 2004 Edition http://www.conserv,qtinn rsq gov /dlrp /fmmo /Documents /fmmp -guide 2004.pdf Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Ill. AIR QUALITY, Where available, the significance criteria established by the applicable air quality management or air Pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct ❑ implementation of the applicable ❑ air quality plan? Code Amendment 13-001 (CA 13-001) City of Tustin Issues: Potentially Less Than Less Than No ,r ' p4 ON Significant Significant Significant rn p a Q-11,10, I Impact With Impact 01 Mitigation Incorporated b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to F-1 0 M COME substantial pollutant concentrations? e) Create objectionable odors El �1 affecting a substantial number of people? Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impacts. The proposed project would not conflict with or obstruct implementation of the applicable air quality plan, as prepared by the South Coast Air Quality Management District 01111111" A (SCAQMD) in the Air Quality Management Plan (AQMP) for the South Coast Air Basin. No physical improvements are proposed in conjunction with the code amendment. Impacts related to any future project would be identified and evaluated in conjunction with the discretionary review process and/or Code Amendment 13-001 (CA 13-001) City of Tustin applicable specific plan or other review document and may be subject to separate CEQA review, Therefore, no impacts are forecast to occur as a result of implementation of the code amendment. b-e) No Impacts. Grading and development activities are not associated with the proposed code amendment. Impacts related to any future project would be identified and evaluated in conjunction with the discretionary review process and/or applicable specific plan or other review document and may be subject to separate CEQA review. Furthermore, projects are subject to the City's standard conditions of approval to minimize local nuisance from grading and construction activities. This condition is in conformance with the SCAQMD requirements and therefore, no impacts are anticipated to occur. Mitigation Measures/Monitoring Required: Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: IV- BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No additional mitigation measures required. 9M Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ rq Code Amendment 13-001 (CA 13-001) Issues: C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? City of Tustin Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated 101 70 X FN a X Fol No Impact` NO Discussion: Code Amendment 13-001 (Ordinance No. 1429)_— Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate 11 Code Amendment 13-001 (CA 13-001) City of Tustin standards for open space for high density housing; incorporate uses that have been determined to be 151"R permitted; Provide updates to terms in the definitions and include figures where app or consistency with Council policy and provisions, A and add duties of the Zoning Administrator (ZA) f appropriate; clarify a, b) No Impact. The California Fish and Game Code was adopted by the State legislature to protect the fish and wildlife resources of the State. Special permits are required for any lake or stream alterations, dredging or other activities that may affect fish and game habitat. No physical improvements are currently proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with the California Fish and Game Code and may be subject to separate CEQA review. Therefore, no impacts will result with implementation of the code amendment. c) No Impact. In accordance with the City's existing permit (Order No. R8-2002-0010 and NPIDES No. CAS618030) with the Regional Water Quality Control Board, Santa Ana Region, any future applicant may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) to ensure grading and reclamation activities do not allow runoff from the site to carry sediment during a storm event to impair the water quality. The code amendment will incorporate text amendments to update the Zoning Code. Any future project that is considered a priority project will be required to prepare a Water Quality Management Plan (WQMP) as part of the discretionary review process to ensure runoff from the site, due to ongoing operations, does not impair water quality downstream. Therefore, no impact is anticipated as part of the code amendment that could cause a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. d) NO Impact. As discussed in response IV.a, b, the code amendment does not propose any physical changes. The code amendment will incorporate modcations includin spelling and grammar corrections, changes to reflect California State Law, and updates and teg rminology and definition updates to the Zoning Code. Impacts related to any future project could be identified and evaluated as part of the discretionary review process in conjunction with the California Fish and Game Code and may be subject to separate CEQA review and conditions of approval limiting grading activities. Therefore, no impacts are anticipated from the implementation of the code amendment. e) No Impact. The City's General Plan Conservation/Open Space/Recreation Element mandates continued maintenance of significant tree strands. New developments may require a biological assessment as required in the review process. This code amendment will incorporate modifications including the incorporation of standards for open space for high density housing. These standards are consistent with other open space requirements in the City of Tustin and other surrounding Cities and will ensure the development and maintenance of minimum open space areas for high density housing. Other modifications to be incorporated in the code amendment will not change or impact current biological resource Policies. Future development applications may be subject to further discretionary review for consistency with any local policies or ordinances protecting biological resources. Therefore, there is no impact. f) No Impact. The City of Tustin is a participating member of the Natural Community Conservation Plan (NCCP) and is within the Coastal Sub/Central Orange County NCCP region. No physical improvements are currently proposed in conjunction with the amendment to the zoning code. 1---Z---ll"Impacts related to any future project would be identified and evaluated in conjunction with the 11-- applicable NCCP/HCP plan or any other conservation plan and may be subject to separate CEQA review. Therefore, the code amendment has no impact. 12 Code Amendment 13-001 (CA 13-001) City of Tustin N E,�5if-,4 Mitigation Measures/Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Department of Fish and Game, NCCP http://www.dfq.ca.gov/habcon/nccp/index.htmi Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse El El EJ change in the significance of an archaeological resource pursuant to § 15064.5? G) Directly or indirectly destroy a El El M unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, El El 0 including those interred outside of formal cemeteries? Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate 1- standards for open space for high density housing; incorporate uses that have been determined to e permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. 13 Code Amendment 13-001 (CA 13-001) ----------- City of Tustin a) No Impact. The City of Tustin General Plan sets out conservation goals to maintain and enhance the City's unique culturally and historically significant building sites or features. Specifically, Policy 12.1 Identify, designate, and protect facilities of historical significance, and Policy 12.3 Development adjacent to a place, structure or object found to be of historic significance should be designed so that the uses permitted and the architectural design will protect the visual setting of the historical site. Since the zoning code amendment will not change or alter the physical environment and each individual project will be subject to the City's Goals and Policies of the General Plan, the project is not anticipated to create a substantial adverse change to historical resources and no impacts are forecast from the implementation of the proposed project. b, C) No Impact. According to the City of Tustin General Plan Conservation/Open Space/Recreation Element (Goal 13), and the Standard Conditions of Aprovl inspection by certified archaeologists or paleontologists pforn, ew development ividual in designated sensitivsite e areas. These conditions will be required on a case-by-case basis for individual projects subject to discretionary review; however this code amendment proposes no physical changes. Therefore, no impacts related to archaeological resources would result from the proposed project. d) No Impact. No physical improvements are currently conj with amendment. As such, the project will not adversely affect, desptroy ropos or e disturb human unction remains. the Impaccode ts related to any future project would be identified and evaluated through the discretionary review process in conjunction with a specific project and standard conditions of approval applied; however, no foreseeable impacts related to cultural resources are anticipated. Mitigation Measures/Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: VI GEOLOGY AND SOILS. Would the project: a. Expose people or structures to Potential substantial adverse effects, including the risk of loss, injury or death involving: 14 Potentially Less Than Significant Significant Impact With Mitigation Incorporated Less Than No Significant Impact Impact Code Amendment 13-001 (CA 13-001) Issues: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property? I& City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impa 1_11110 Impact With Impact 0-11111 NE Mitigation ❑ ❑ Incorporated z ❑ ❑ ❑ z ❑ 1:1 ❑ z 0 D 0 z 01101 ❑ ❑ ❑ z ❑ ❑ ❑ z ❑ ❑ ❑ z ❑ 1:1 ❑ z Discussion: Code Amendment 13-001.,(Ordinance...No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, Policie, and general plan land programs specified in the Tustin General Plan for the City of Tus stin . Code Amendment 13-001 wiluse l provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be ON permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a (i) No Impact. According to the City of Tustin General Plan, Public Safety Element, the Tustin Planning Area (Planning Area) lies within a seismically active region. However, there are no known active or suspected potentially active faults identified within the Planning Area. The El Modena fault passes through the Planning Area's northern section; however, studies have not been conclusive about the active/inactive status of this fault. The code amendment proposes no physical changes and individual proposals would be subject to individual review. Therefore, no impacts associated with rupture of a known earthquake fault are anticipated with the implementation of the code amendment. a (ii) No Impact. There is no evidence of any active or potentially active faults within the Tustin Planning Area (Planning Area) and it is not located within an Alquist-Priolo Earthquake Fault Zone, However, the Planning Area is located in the seismically active region of southern California. Slight to intense ground shaking is possible at within the Planning Area if an earthquake occurs on a segment of the active faults in the region. Under current seismic design standards and California Building Code (CBC) provisions, new buildings would incur only minor damage in small to moderate earthquakes, and potential structural damage during a large earthquake, although new buildings are expected to remain standing during such events (City of Tustin General Plan, Safety Element). With application of the provisions of Chapter 16A Division IV of the 1998 California Building Code and the g- ,c Structural Engineers Association of California, (SEAOC) guidelines, adequate structural protection in 11`1111-Alhe event of an earthquake would be provided, thus reducing impacts from strong seismic g round I 10shaking to a less than significant level. Since there is no development associated with the zoning re. Code Amendment 13-001 (CA 13-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated e. Have soils incapable of ❑ adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Discussion: Code Amendment 13-001.,(Ordinance...No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, Policie, and general plan land programs specified in the Tustin General Plan for the City of Tus stin . Code Amendment 13-001 wiluse l provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be ON permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a (i) No Impact. According to the City of Tustin General Plan, Public Safety Element, the Tustin Planning Area (Planning Area) lies within a seismically active region. However, there are no known active or suspected potentially active faults identified within the Planning Area. The El Modena fault passes through the Planning Area's northern section; however, studies have not been conclusive about the active/inactive status of this fault. The code amendment proposes no physical changes and individual proposals would be subject to individual review. Therefore, no impacts associated with rupture of a known earthquake fault are anticipated with the implementation of the code amendment. a (ii) No Impact. There is no evidence of any active or potentially active faults within the Tustin Planning Area (Planning Area) and it is not located within an Alquist-Priolo Earthquake Fault Zone, However, the Planning Area is located in the seismically active region of southern California. Slight to intense ground shaking is possible at within the Planning Area if an earthquake occurs on a segment of the active faults in the region. Under current seismic design standards and California Building Code (CBC) provisions, new buildings would incur only minor damage in small to moderate earthquakes, and potential structural damage during a large earthquake, although new buildings are expected to remain standing during such events (City of Tustin General Plan, Safety Element). With application of the provisions of Chapter 16A Division IV of the 1998 California Building Code and the g- ,c Structural Engineers Association of California, (SEAOC) guidelines, adequate structural protection in 11`1111-Alhe event of an earthquake would be provided, thus reducing impacts from strong seismic g round I 10shaking to a less than significant level. Since there is no development associated with the zoning re. Code Amendment 13-001 (CA 13-001) City of Tustin code amendment and individual projects would be subject to the California Building Code and t"T M SEAOC guidelines, no impacts will occur as part of this project. ISO a (iii-iv) No impact. There is no development associated with the zoning code amendment and individual projects would be subject to the California Building Code and the SEAOC guidelines. Furthermore, a standard condition of approval requiring a soils report will be required prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this code amendment. b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, during construction of any future project, the applicant will be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity, The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment controls, tracking controls, wind erosion control, non-storm water management, and materials and water management. A standard condition of approval requiring BMP's as part of individual development plans may be required as part of the discretionary review process prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this project. c-d) No Impact. As indicated in VI.a (ii) above, there is no development associated with the zoning code amendment. Individual projects would be subject to the California Building Code and th(H.A. SEAOC guidelines. A soils report prepared by a certified soils engineer may be required as part o any project on a case-by-case basis. Since there is no development associated with the zoning cod cod amendment, no impacts will occur as part of this project. e) No Impact. The code amendment does not involve the use of septic tanks or alternative wastewater disposal systems. On a case-by-case basis as part of the discretionary review process, any future proposed project may be subject to submit a site-specific geotechnical investigation for the site and preparation of a geologic and soils report prepared by a certified soils engineer. Therefore, no impacts will occur from the implementation of the proposed project. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. OC Watersheds http://www.ocwatersheds.com/dampreporUdefault.aspx?ID=l 000358 17 Code Amendment 13-001 (CA 13-001) Issues. iw VII HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? is Potentially Less Than Significant Significant Impact With Mitigation Incorporated INS INS 100 70 INN INN 07 FIN 1-01 10-1 City of Tustin Less Than No Significant Impact Impact 10-1 INK I NO INK INK Sol] a ► a Code Amendment 13-001 (CA 13-001) City of Tustin issues: Potentially Less Than Less Than No Significant Significant Significant Impa Impact With Impact Mitigation Incorporated f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or ❑ El ❑ physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to ❑ El ❑ a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion: Code Amendment 13-001 (Ordinance No. 1429)_— Amendment to Articles 4.and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards, provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a - c) No Impact. The project involves the implementation of a new zoning code amendment to make modifications and updates to the Zoning Code. There are no hazardous materials proposed as part of this project. Each individual development project will be subject to review on a case-by-case basis for hazardous materials. Therefore, no impacts related to this issue will result from the proposed project, and no mitigation measures are required. OR d) No Impact. This project does not involve a specific hazardous materials site. Any new project will be subject to review with the list compiled pursuant to Government Code Section 65962.5. A HR IJ Code Amendment 13-001 (CA 13-001) City of Tustin standard condition of approval may require a site-specific geotechnical investigation for the entire site rF and preparation of a geologic and soils report will be required as part of the Project. Therefore, no impacts related to this issue will result from the proposed project, e - f) No Impact. According to the City's General Plan Circulation Element, air travel is available from John Wayne Airport in Orange County, approximately five to the south by miles surface roadway, However, the Tustin Planning Area does not lie within any of I rfa John Wayne's safety zones. The former MCAS Tustin helicopter station was located in the southern portion of the City. A Specific Plan for reuse of the base has resulted in the elimination of aviation uses, with the exception of heliports individually permitted or blimp operations as an interim use. New development will be subject to review with the Airport Land Use Commission if necessary. Any conditions of approval will be incorporated into each individual project where necessary. Therefore, no safety hazards are anticipated related to this issue. 9-h) No Impact. The zoning code amendment will incorporate text modifications into the zoning code. It would not involve any changes or uses that would interfere with the City's Emergency Operations Plan or with major emergency evacuation routes out of the area; nor is it anticipated to expose people or structures to a significant risk of loss, injury or death wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Therefore, there are no impacts associated with this issue. Mitigation Measures/Monitoring Required: No additional Mitigation meas"r- fuyu 1VU Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: VIII HYDROLOGY AND WATER QUALITY. Would the project: a) During Project construction, substantially impair the water quality of receiving waters? In considering water quality, factors such as water temperature, dissolved oxygen levels, and turbidity should be considered, K11 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 0 Q 7 Code Amendment 13 -001 (CA 13 -001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impa Impact With Impact Mitigation Incorporated b) Following project construction, E 0 substantially impair the water quality of receiving waters? In considering water quality, factors such as water temperature, dissolved oxygen levels, and turbidity should be considered. C) Substantially alter the existing El ❑ drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in flooding- or off - site? d) Substantially increase the rate EJ El 0 or amount of surface runoff in a Y manner that would result in flooding on- or off -site? e) Substantially alter the existing El drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off - site? f) Otherwise result in substantial (� increased erosion or siltation on- or off -site? ?t Code Amendment 13-001 (CA 13-001) Issues: g) Change runoff flow rates or volumes in a manner that substantially alters the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, and results in a significant adverse environmental impact? h) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems? Increase impervious surfaces and runoff in a manner that substantially impairs water quality or causes other significant adverse environmental impacts? D Provide substantial additional sources of Polluted runoff or increase the discharges of Pollutants such as heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen- demanding substances, and trash? k) For projects that are tributary to water bodies that are listed as impaired on the Clean Water Act section 303(d) list, result in an increase of any pollutant for which the water body is listed as impaired? 22 Potentially Significant Impact La Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ F-01 101 00 IN City of Tustin Less Than No Significant Impact Impact 7 F� 1071 IN K41 10111411 Code Amendment 13-001 (CA 13-001) Issues: 1) Substantially degrade or impair an environmentally sensitive area? M) Substantially degrade or impair surface water quality of marine, fresh, or wetland waters? n) Substantially degrade or impair groundwater quality? 0) Substantially degrade aquatic, wetland, or riparian habitat? P) Otherwise substantially degrade water quality? q) Cause or contribute to an exceedance of applicable surface water or groundwater receiving water quality objectives or degradation of beneficial uses? r) Violate any other water quality standards or waste discharge requirements? S) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 23 ❑ El City of Tustin Potentially Less Than Less Than No mov Significant Significant .n Significant Impa 'z" cill Impact With Impact ❑ Mitigation ❑ Incorporated z ❑ El ❑ ❑ 1:1 ❑ ❑ ❑ ❑ M ❑ F-1 z ❑ 1:1 E-1 z ❑ D r_1 z N Code Amendment 13-001 (CA 13-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact ri Impact With Impact Mitigation Incorporated t) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? U) Place within a 100 -year flood hazard area structures that would impede or redirect flows? V) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? NINE W) Expose people or structures to a significant risk of inundation by seiche, tsunami, or mudflow? Discussion: Code Amendment _13-001 (Ordinance No 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing, incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a - b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program, which is designed to reduce pollutants in storm water runoff. The code amendment does not include construction of new facilities. Accordingly, during construction of any future development project, the =applicant may be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment NO Code Amendment 13-001 (CA 13-001) City of Tustin controls, tracking controls, wind erosion control, non-storm water management, and materials an-, 0100111 water management. By preparing a SWPPP for NPDES compliance in addition to the standard conditions of approval water quality, any future project could potentially meet all applicable regulations to manage runoff from the project site. Pollutants in storm water would be substantially reduced by source control and treatment BMPs. Since there is no development proposed as part of this project, there would be no impacts. c) No Impact. Construction of any future project may temporarily alter existing drainage patterns, as there would be areas of exposed soil during grading and excavation activities. If a storm event were to occur during these activities, exposed sediments may be carried off-site and into the local storm drain system increasing siltation. However, as discussed in Response No. VIII.a-b, any future project would be required, as part of the standard conditions of approval of the discretionary review process, to implement construction BMPs in compliance with the NPDES permit and Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. Therefore, there are no impacts associated with this project, d -e) No Impact. The code amendment provides update modifications into the Zoning Code. Any future project would be subject to individual review and may be subject to CEQA review. To ensure off-site drainage does not result in flooding on or off-site, any future applicant may be required, as part of the standard conditions of approval, to provide on-site hydrology and hydraulic calculations for the proposed development and hydraulic calculations for proposed connections to the existing storm drain system. This will ensure drainage improvements of any future project site will have a less tham-m- significant effect on the environment. However, this will be assessed as part of the discretionary review process; there are no impacts associated with the implementation of the code amendment. 111 f) No Impact. Compliance with the NPDES permit (refer to Response VIlLa-b) and BMPs (discussed in Responses VIII.a-b, VIlI.c, and VIIIA above) would reduce potential water quality impacts to less than significant levels. There are no impacts associated with the implementation of the code amendment. g - h) No Impact. The code amendment will provided updates and modifications into the Zoning Code. Future projects are not anticipated to generate or increase runoff typically associated with parking areas but would be reviewed on a case-by-case basis as part of the discretionary review process. Furthermore, adherence to an approved Water Quality Management Plan will help to minimize polluted runoff into the storm drain. Since there is no development associated with the zoning code amendment, individual projects may be subject to providing a WQMP. Therefore, no impacts will occur as part of this project. i+ No Impact. As described in response VIIIg-h, runoff typically increases with parking, however, there is no development associated with this zoning code amendment in that uses determined by the Community Development Director and/or Planning Commission to be similar to permitted and conditionally permitted uses will be incorporated into the Zoning Code. Individual projects may be subject to providing a WQMP on a case-by-case basis. Therefore, there are no impacts associated with the proposed project. ti k) No Impact. The code amendment will ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin through the 25 Code Amendment 13-001 (CA 13-001) City of Tustin incorporation of updates in California State Law, and updates of terminology and definitions into the Zoning Code. Any future project may generate and increase in runoff and types of pollutants (i.e.: some trash and oil/grease from vehicles). As discussed in Response No. V11( a and operation of any new project will be sub ect to comply with the requirements -b and c), construction i of the Orange County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, any new applicant will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed project. Adherence to an approved Water Quality Management Plan will help to minimize polluted runoff into the storm drain. There is no development associated with this project and individual projects would be subject to providing a WQMP on a case-by-case basis. Therefore, no impacts will occur. 1) No Impact. There is no construction proposed as part of the code amendment. There are no Environmentally Sensitive Areas (ESA's) or Areas of Special Biological Significance (ASKS) identified on the San Diego Creek Watershed map. Therefore, there are no impacts associated with this issue, m) No Impact. There is no construction proposed as part of the code amendment. However, if a new development or redevelopment project involves the addition of 2,500 square feet or more of impervious surface and is located within, directly adjacent to (within 200 feet), or discharging directly to receiving waters within environmentally sensitive areas, then it qualifies as a priority project and is subject to additional requirements. Furthermore, individual projects may be subject to providing a WQMP on a case-by-case basis. However, there is no development associated with this project; therefore no impacts will occur. E n) No Impact. The code amendment will make text modifications to the Zoning Code. There is no development associated with this project and future projects would be subject to individual review on a case-by-case basis, no impacts will occur as part of the code amendment. o) No Impact. As discussed in response V111 1, there are no Environmentally Sensitive Areas (ESA's) or Areas of Special Biological Significance (ASBS) identified on the Sand Diego Creek Watershed map. Therefore, there are no impacts associated with the code amendment. p - q) No Impact. As discussed in Response No. VIII a, b, c, any future construction of individual projects will be subject to comply with the requirements of the Orange County NPDES program which is designed to reduce pollutants in storm water runoff. Accordingly, any individual applicant wilt be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed project. No impact is associated with the code amendment. r) No Impact. As discussed in Response No. VIII a- c, any future proposed construction and operation of an individual project may be subject to comply with the requirements of the Orange County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, individual applicants will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and Polluted runoff during and after 00 construction of the proposed project. No impact areas are anticipated as pa of this code 111110 part amendment. me! Code Amendment 13-001 (CA 13-001) City of Tustin s) No Impact. As discussed in Response No. Vill n, since there is no development associated wit,10111, -by-case basis. N this project and future projects would be subject to individual review on a case impacts will occur as part of the code amendment. 0 t - u) No Impact. Any individual projects will be subject to review according to the Flood Insurance Rate Map. The map would indicate whether a project was subject to a flood zone. However, no development is proposed as part of this project. Therefore, there are no impacts associated with the code amendment. v) No Impact. In the unlikely event of flooding as a result of the failure of a levee or dam, the City has implemented an Emergency Preparedness Plan that addresses several hazard areas including flooding, This Emergency Preparedness Plan has been reviewed by State and Federal agencies which have their own roles in the event of an emergency. Any future development project would be subject to review on a case-by-case basis as to whether or not it is within a flood zone (as addressed in Vill t-u) and potentially subject to significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. However, there are no impacts associated with the code amendment. w) No Impact. Any future development projects would be subject to review to determine whether the project is within an area that has been identified as susceptible to liquefaction or potential bedrock landslides. These areas are identified on Figure COSR-1 of the City's General Plan. When development is proposed within these areas, studies shall be performed as directed by the City to determine the potential for hazards and the amount of development which is supportable on the site. ma As described in Vill v, in the unlikely event of inundation by seiche, tsunami, or mudflow an individual project would be part of the City's Emergency Preparedness Plan, Therefore, no impacts associated with the code amendment. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3, QC Watersheds http:// www. ocwatersheds. com /dampreport /default.aspx ?ID= 1000358 Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established F1 � Z community? m Code Amendment 13-001 (CA 13-001) City of Tustin b) Conflict with any applicable land ❑ use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal Program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Discussion: Code- Amendment 13-00E.Ordinance No 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, Policies, and general plan land programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 wiluse l provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would., Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing, incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The code amendment will provide updates to the Zoning. The code amendment is not anticipated to physically divide an established community in that the incorporation of amendments will ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Therefore, no impacts will occur. b) No Impact. The City's General Plan indicates the following: Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning Specifically, r all General Plan goals and policies, including those in the other General Plan elements, in evaluating proposed development projects for General Plan consistency. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. The code amendment will provide updates and modifications that are necessary for consistency with the City's General Plan and other State laws. Therefore, the project is in conformance with the V,g- General Plan, and there are no conflicts related to the implementation of the code amendment, I_ No Impact. As indicated in response IV f, the City of Tustin participating e e Natural Community Conservation Plan (NCCP) and is within the Central/Coastal Orang County Wi Code Amendment 13-001 (CA 13-001) City of Tustin region. No physical improvements are currently proposed in conjunction with the amendment to th,,,- zoning code. Impacts related to any future project would be identified and evaluated in conjunctio 111" with the applicable NCCP/HCP plan or any other conservation plan and may be subject to separat CEQA review. As a result, no impacts are anticipated from the implementation of the code amendment. Mitigation Measures/Monitoring Required: Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code X MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No additional mitigation measures required. Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 1-1 F-1 F-1 N F-1 ❑ ❑ Z Discussion: Code Amendment 13-001 (Ordinance No. 1429)- Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards, provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing, incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. ?9 Code Amendment 13-001 (CA 13-001) City of Tustin 11- NOR a -b) No Impact. According to the City of Tustin Conservation/Open Space/Recreations Element (Fi ure COSR -2) there are no known mineral resources within the City that would be of value to the g region and the residents of the state. Therefore, there are no project related impacts associated with mineral resources. Issues: X1 NOISE. Would the project result in: d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 30 Potentially a) Exposure of persons to or Less Than generation of noise levels in Significant excess of standards established Impact in the local general plan or Impact noise ordinance, or applicable Mitigation standards of other agencies? b) Exposure of persons to or generation of excessive 17 groundborne vibration or groundborne noise levels? C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 30 Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ 17 ❑ 10-1 1071 10-1 IM] ❑ ❑ ❑ ❑ no X IN] 100 No Impact r7l*41 R„1 Well 0211 VIVO] Code Amendment 13-001 (CA 13-001) Issues: f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impaq-1,1 Impact With Impact Mitigation Incorporated F-1 ❑ r-1 Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include f igures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a -d) No Impact. The City of Tustin General Plan Noise Element, and the City's Municipal Code, Chapter 6 Section 4614, Noise Control (Noise Ordinance) establish noise standards for the City. The Safety and Noise Element addresses noise with respect to general land use compatibility, while the Noise Ordinance addresses noise from specific sources. The Noise Ordinance established exterior noise standards of 55 dBA during the daytime hours between 7:00 a.m. and 10:00 p.m. and 50 dBA during the nighttime hours between 10:00 p.m. and 7:00 a.m. These noise standards are adjusted further based on the cumulative duration of the noise occurrence, as well as the prevailing ambient noise levels near the project. Each future individual project will be subject to review on a case-by- case basis. The proposed project does not include new development and would not expose people to excessive noise; therefore, no impact will occur as a result of this project. e-f) No Impact. As indicated in response VII e-f, according to the City's General Plan Circulation Element, air travel is available from John Wayne Airport in Orange County, approximately five miles to the south by surface roadway. However, the Tustin Planning Area does not lie within any of John Way's safety zones. The former MCAS Tustin helicopter station was located in the southern portion of the City. A Specific Plan for reuse of the base has resulted in the elimination of aviation uses, with the exception of heliports individually permitted or blimp operations as an interim use. New development could be subject to review with the Airport Land Use Commission if necessary as well as with the Noise Ordinance. Any conditions of approval will be incorporated into each individual project where necessary. No impact will occur as a result of this code amendment. 31 Code Amendment 13-001 (CA 13-001) City of Tustin "M I Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: M", 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated X11 POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Discussion: Code. Amendment 13- 01 OrdinanrA No 1 A) Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin, Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing,- Incorporate uses that have been determined to be 1 _.permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. 32 Code Amendment 13-001 (CA 13-001) City of Tustin a) No Impact. The Tustin Planning Area is an established and urbanized area. There is no 09-M development associated with the code amendment. Zoning Code modifications including spelling and. grammar corrections, changes to reflect California State Law, and updates to definitions will b incorporated into the Zoning Code. It is not anticipated to substantially increase population growth. Therefore, no impact on the local or regional population is expected to occur. b) No Impact. There are no physical improvements in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated on a case-by-case basis as part of the discretionary review process. Therefore, no housing would be displaced by the implementation of the proposed project and there are no impacts associated with this code amendment. c) No Impact. As stated in Response No. X11 b) no development associated with the code amendment. No persons would be displaced by the implementation of the proposed project. Therefore, there are no impacts associated with this issue. Mitigation Measures/Monitoring Required: Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code No additional mitigation measures required Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated X111 PUBLIC SERVICES. Would the project: a) Result in substantial adverse E-1 El ❑ N physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? El 0 N Police protection? 0 El 33 Code Amendment 13-001 (CA 13-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact -------------- Impact With Impact Mitigation Incorporated Schools? Parks? Other public facilities? Discussion: Code Amendment 13-001t,Ordinance No 1429)-..— Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code, The goal of the proposed code amendment is to ensure consistency with the objectives, Policies, and general plan land programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 wiluse l provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law, incorporate or high density housing; incorporate uses that have been determined to be t71-- standards for open space f rate permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) Fire protection. No Impact. The Orange County Fire Authority provides fire protection for the City of Tustin on a contractual basis. All water mains and fire hydrants must be constructed in accordance with Orange County guidelines and are subject to approval by the Orange County Fire Authority. Adherence to these guidelines will ensure that no significant impacts on fire protection services will occur. Future projects may be subject to individual review by the Fire Authority as part of the discretionary review process routing impacts related to fire protection. g process. Therefore, there are no Police protection. No Impact. The Tustin Police Department provides law enforcement services within the City of Tustin. Routine and scheduled patrolling is done throughout the City and would continue as they do under existing conditions. It is not anticipated that the proposed parking ordinance would require additional officers. Rather, it is assumed that the Police Department will continue to assess and evaluate its crime statistics for problem areas within the City. No impacts associated with the implementation of the code amendment. Schools. No Impact. The code amendment will not provide housing that would generate demand for additional schools. The project will not increase student population necessitating a need for new or expanded school facilities. No impacts are anticipated. 34 Code Amendment 13-001 (CA 13-001) City of Tustin Parks. No Impact. The code amendment does not propose new construction. Any future projec-, may be subject to further discretionary review. However, the project is not anticipated to genera t NOR a demand for additional parks. No mitigation measures are required. ON I I Other Public Facilities. No Impact. The code amendment is not anticipated to result in any substantial increase in demands on other government services or public facilities such as roads, libraries, hospitals, or post offices. Future projects are not anticipated to generate traffic however; should impacts be associated with an individual project, they would be reviewed and considered on a case-by-case basis and conditions of approval included as necessary to mitigate impacts. No increased need for maintenance of these public facilities is anticipated. No mitigation measures are required. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: XIV RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ No Impact 7013 JOIR SIMEON MINE 101-111-11, ONE Discussion: Code Amendment 13-001 (Ordinance No. 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use R@ programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: 35 Code Amendment 13 -001 (CA 13-001) City of Tustin Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined fo be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a -b) No Impact. The code amendment will provide updates to the Zoning Code and incorporate spelling and grammar corrections, changes to reflect California State Law, and updates to definitions. The proposed project does not involve the construction of uses that will increase demand for parks. Therefore, the proposed project will not adversely impact existing recreational facilities. Mitigation Measures /Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation incorporated XV TRANSPORTATION l TRAFFIC. Would the project: k a) Cause an increase in traffic ❑ ❑ which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in U substantial safety risks? 36 Code Amendment 13-001 (CA 13-001) Issues: d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? City of Tustin Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated F71 1-1 F-1 ❑ ❑ ❑ ❑ No I m p a 811 pini a lliwq 11AS Discussion: Code Amendment 13-001 (Ordinance No, 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. Construction and operation of future projects could potentially generate traffic. These impacts would be reviewed and considered on a case-by-case basis and conditions of approval included as necessary to mitigate impacts. The proposed project is not anticipated to impact traffic. No mitigation is necessary. lb) No Impact. The City has adopted a Congestion Management Program (CMP) to reduce traffic congestion and to provide a mechanism for coordinating land use development and transportation I ON improvement decisions. Any future project will require review and conformance with the requirements of the Tustin General Plan and the CMP. However, no improvements are proposed as part of this project. Therefore, it would have no impact and no mitigation is necessary. 37 Code Amendment 13-001 (CA 13-001) City of Tustin c) No Impact. The code amendment will incorporate similar uses and provide updates and modifications to the Zoning Code, It is not anticipated to produce any air traffic increases, nor would existing air traffic patterns impact it. No impacts are anticipated from implementation of the code amendment. d) No Impact. The code amendment will incorporate changes to reflect California State Law, and updates to definitions in the Zoning Code, Therefore, the code amendment is not anticipated to cause hazardous conditions or allow incompatible uses. No impact will occur as part of this code amendment. e) No Impact. The code amendment does not include any new development and will not result in inadequate emergency access. Future development will be reviewed and considered on a case-by- case basis and conditions of approval included as necessary to mitigate impacts, No mitigation is necessary. f) No Impact. The code amendment will incorporate similar uses and provide updates to the Zoning Code. Any future project may be subject to discretionary review which includes providing minimum parking for new uses. Therefore, there is no impact to this issue and no mitigation is necessary. g) No Impact. The code amendment will not conflict with adopted policies, plans, or programs supporting alternative transportation in that the new ordinance will provide that will better organize and supplement Tustin's Zoning Code and changes to reflect California State Law, and updates. ON- These regulations are consistent with the City's Circulation Element which addresses the circulation 21 improvements needed to provide adequate capacity for future land uses. The Element establishes a hierarchy of transportation routes with specific development standards. Future projects will be required to conform to the City's Circulation Element based on individual review. Therefore, there is no impact to this issue and no mitigation is necessary. Mitigation Measures/Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code Issues: XVI UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 38 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ F� Code Amendment 13-001 (CA 13-001) Issues: b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et. Seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221). e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 39 City of Tustin Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated FE] FE-1 FE 70 IN-1 101 FM 7 a, No I m pa ORE 11 a ON, Z ONES FIND] g) Comply with federal, state, and ❑ local statutes and regulations related to solid waste? h) Would the project include a new Code Amendment 13-001 (CA 13-001) treatment control Best City of Tustin Management Practice (BMP), Issues: Potentially Less Than Less Than No wetlands), the operation of Significant Significant Significant Impact environmental effects (e.g. 111- OEM Impact With Impact Mitigation Incorporated f) Be served by a landfill with 0 El N sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and ❑ local statutes and regulations related to solid waste? h) Would the project include a new Discussion: Code Amendment 13-001 (Ordinance No 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The Tustin Planning Area is located within the jurisdiction of the Regional Quality Control Board, Santa Ana Region. The code amendment does not include new development. Any wastewater generated by future projects may be subject to review for impacts on wastewater facilities as part of the discretionary review process. Typically, any increase in wastewater flows resulting from an off-street parking project would be minimal. Future development would be required to comply with local and state regulations to minimize any potential impacts from hazardous materials use. As discussed in Section VIII. Hydrology and Water Quality, any future project may be required to 40 or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. 111- OEM increased vectors and odors)? Discussion: Code Amendment 13-001 (Ordinance No 1429) — Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 will provide updates consistent with State law and will help to organize the code using an updated format. Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted; provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. a) No Impact. The Tustin Planning Area is located within the jurisdiction of the Regional Quality Control Board, Santa Ana Region. The code amendment does not include new development. Any wastewater generated by future projects may be subject to review for impacts on wastewater facilities as part of the discretionary review process. Typically, any increase in wastewater flows resulting from an off-street parking project would be minimal. Future development would be required to comply with local and state regulations to minimize any potential impacts from hazardous materials use. As discussed in Section VIII. Hydrology and Water Quality, any future project may be required to 40 Code Amendment 13-001 (CA 13-001) City of Tustin implement standard BMPs to control storm water runoff at the project site. Therefore, no impacts aqrgim associated with this project. b) No Impact. The City of Tustin and Irvine Ranch Water District (IRWD) provides water and Orange County Sanitation District (OCSD) and IRWD both provide wastewater services within the Tustin Planning Area. The code amendment does not include new development. The amount of potable water needed and wastewater generated by a future project be reviewed on a case-by-case basis for any potential to cause significant environmental impacts and would most likely be nominal. Minor infrastructure improvements may be required to provide on-site connections from the existing water and wastewater services to any new project. Since there are no new wastewater treatment facilities or potable water facilities will be needed as part of this code amendment there are no impacts. c) No Impact. As discussed in Response No. XVI a) above, the code amendment will incorporate text updates. Future projects would be required to comply with local and state regulations to minimize any potential impacts from expansion of existing facilities. Any future project may be required to implement standard BMPs to control storm water runoff at the project site and may incorporate construction and post-construction BMPs in compliance with the NPDES permit and Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. However, there are no impacts from implementation of the proposed code amendment. d- e) No Impact. As discussed in Response No. XVI b) above, the code amendment will incorporate MINE updates. Any increase in water demand from any future project is anticipated to be nominal and would be considered and mitigated as necessary on a case-by-case basis. No mitigation measures 1111-11- are required. f-g) No Impact. CR&R Waste Services provides solid waste collection and disposal services to the City of Tustin. Any solid waste generated a future project would be diverted to a transfer station and then to the Bee Canyon/Bowerman Landfill located at 11002 Bee Canyon Access Road in Irvine. The zoning code amendment does not propose any construction. Furthermore, any future project would be required to comply with local, state, and federal requirements for integrated waste management (i.e. recycling) and solid waste disposal. Waste Management provides recycling opportunities to businesses and institutions, although implementation of recycling programs by businesses and institutions is voluntary. The project is anticipated to have no impact on landfill capacity. h) No Impact. The code amendment will incorporate updates and uses previously determined to be similar to permitted and conditionally permitted uses of the Zoning Code. A Standard Condition of Approval will be added to individual future projects requiring a Water Quality Management Plan (WQMP) for the use of non structural and/or structural BMPs including but not limited to tenant education, activity restrictions, street sweeping, landscaped areas with efficient irrigation and limited run-off, strategically placed catch basins with fossil filters, and catch basin stenciling. BMPs required as part of an individual project would not necessarily result in any significant environmental effect. No impact as part of this project. Mitigation Measures/Monitoring Required: Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code No additional mitigation measures required 41 Code Amendment 13-001 (CA 13-001) City of Tustin FIRM 3. OC Watersheds httP.://www.ocwatersheds. com/damprePort/defa,ult.aspx?ID=i 000358 Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XVII MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife Population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? c) Does the project have impacts that are ❑ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) d) Does the project have environmental ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? 117,1 Von - 'Discussion: —Code Amendment 00111r_%. inance – Amendment to Articles 4 and 9 of the Tustin City Code, to incorporate text amendments to the Tustin City Code. The goal of the proposed code 42 Code Amendment 13-001 (CA 13-001) City of Tustin amendment is to ensure consistency with the objectives, policies, and general plan land usp programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13-001 provide updates consistent with State law and will help to organize the code using an updated forma Specifically, the proposal would: Add new Sections to incorporate and consolidate the site development standards; provide updated terminology, definitions and standards to reflect changes with California State Law; incorporate standards for open space for high density housing; incorporate uses that have been determined to be permitted, provide updates to terms in the definitions and include figures where appropriate; clarify and add duties of the Zoning Administraior (ZA) for consistency with Council policy and provisions. a) No Impact. The proposed code amendment will incorporate text modifications to the Tustin City Code. There is no development proposed as part of this code amendment, therefore, the project will not have the potential to significantly impact sensitive resources, b) No Impact. As discussed in response XVIla, the code amendment, as proposed, is consistent with the goals and objectives of the City's General Plan. Therefore, the project is not expected to have any cumulatively considerable impacts. c) No Impact. As demonstrated throughout this Initial Study, the proposed project will not have any significant effects considered cumulatively considerable. d) No Impact. As demonstrated throughout this Initial Study, the code amendment does not havev- ME environmental effects which will cause substantial adverse effects on human beings, either directly orb - indirectly. 0111111 Mitigation Measures/Monitoring Required: No additional mitigation measures required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 43 RJSTIN NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION L- Fee Exempt per Govt. Code Section 6103 Notice is hereby given that the public agency named below has completed an Initial Study of the following described project at i the following location: Citywide in City of Tustin Public Agency; City of Tustin Project Name: Code Amendment 13-001 (CA 13-001 ) (Ordinance No. 1429) Project Location — Identify street address and c ross Citywide (See attached) streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): Fhis Initial Study was completed in accordance with the City's Guidelines implementing the California Environmental Quality 'Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a si environment. effect on the On the basis of such Initial Study, the City's Staff has concluded that the project will not have e a icant significant effect on the environment, and has therefore prepared a Draft Negative Declaration /Mitigated Negative Declaration, The Initial reflects the independent judgment of the City. a] Study The Project site IS on a list compiled pursuant to Government Code section 65962.5. ❑ The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5. The proposed project IS considered a project of statewide, regional or areawide significance. The proposed project IS NOT considered a project of statewide, regional or areawide significance. The proposed project WILL affect highways or other facilities under thejurisdiction of the State Department of Transportation. The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. ❑ A scoping meeting WILL be held by the lead agency. Z —,A scoping meeting WILL NOT be held by the lead agency. the�roje( If the project meets the criteria rqui�ring ahe - t scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date, time and location of the scoping meeting are as follows: Date: Time: I Location: Copies of the Initial Study and Draft Negative Declaration /Mitigated Negative Declaration are on file and are available for public review at City Hall, located at: City Hall address: Community Development Department, 300 Centennial Way, Tustin, California 92780 Comments will be received until the following date: February 20, 2013 through March 12, 2013 at 4:00 P.M. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. The City Council will consider the project and the Draft Negative Declaration/Mitigated Negative Declaration at its meeting on: Date: April 16, 2013 Time: 7:00 P.M. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration /Mitigated Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Signature: Title: Senior Planner Staff Name: Amy Stonich, AICP Phone: _...(714) 573- 3126 CITY OF TUSTIN Nol I T ::-T:- �� a4g�t GENERAL PLANT February 2Z 2005 rr rr Tustin Planning Area IrI-IMI F? �L WIN-' COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial I`V(q, Tustin, CA 92,78() (714) 573-3100 NEGATIVE DECLARATION Project Title: CODE AMENDMENT 13-001 Project Location: Citywide Project Description: Code Amendment 13-001 (CA 13-001) proposes the incorporation of text amendments to Articles 4 and 9 of the Tustin City Code (TCC). The incorporation of text amendments into the Zoning Code will ensure that the Tustin Zoning Code will be internally consistent, consistent with the requirements of California State Law by incorporating legal updates, and consistent with the Tustin General Plan. Project Proponent: The City of Tustin 011 Lead Agency Contact Person: Amy Stonich, AICP, Senior Planner Telephone: (714)573-')126 U The Community Development Department has conducted an Initial Study for the above project in accordance MEMO with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: N That there is no substantial evidence that the project may have a Significant effect on the environment. ❑ That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON March 12, 2013 ate Elizabeth A. Binsack - Community Development Director MINOR 6 11 4 FIN ORDINANCE NO. 1429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1429 (CODE AMENDMENT 13 -001) TO AMEND ARTICLE 4 AND ARTICLE 9 OF THE TUSTIN CITY CODE TO INCORPORATE MINOR TEXT AMENDMENTS TO THE ZONING CODE. The City Council of the City of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: A. That the City has initiated Code Amendment to Article 4 and 9 of the Tustin City Code, to incorporate text amendments to the zoning code. The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Code Amendment 13 -001 will provide updates consistent with State law and will help to organize the code using an updated format; B. That the Community Development Department routinely and periodically revises the City's zoning and development regulations to ensure it remains up to date. MEMO IN C. That the changes proposed by CA 13 -001 are considered minor in nature and do not alter the intent of the zoning code previously adopted by the Tustin City Code; D. That CA 13 -001 will incorporate text amendments to the Zoning Code ensuring consistency with the objectives, policies, and land use programs specified in the Tustin General Plan. CA 13 -001 complies with the General Plan, including the following Land Use (LU) goals and policies: LU Goal 1: Provide for a well balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. LU Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. LU Goal 6 Policy 6.12 Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety LU Goal 8 Policy 8.6 Encourage planned improvements to electricity, natural gas, and communication service systems. Ordinance No. 1429 Page 12 E. That the proposed amendment is considered a "project" subject to the terms of 011111 the California Environmental Quality Act ("CEQA"). Therefore, an Initial Study INS and findings for a proposed Negative Declaration have been prepared regarding this project for consideration by the City Council; F. That a Notice of Intent to Adopt a Negative Declaration was filed with the Clerk for the County of Orange for posting, and provided to members of the public using a method permitted under CEQA Guidelines Section 15072(b). The Initial Study and Draft Negative Declaration were available for a 20-day public review and comment period from February 20, 2013, through March 12, 2013, in compliance with the State CEQA Guidelines; G. That on March 12, 2013, the Tustin Planning Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the code amendment and at which time the Planning Commission continued the public hearing until April 9, 2013, at which the Planning Commission considered the Initial Study, Negative Declaration, such oral and written testimony submitted, the staff report, and adopted Resolution No. 4210 recommending that the City Council approve Code Amendment 13-001; H. That on May 7, 2013, the Tustin City Council held a noticed public hearing and considered Code Amendment 13-001 and adopted Resolution No. 13-18 approving the Negative Declaration and Initial Study prepared for CA 13-001 (Ordinance No. 1429), to amend the Tustin City Code FINE'- Code Amendment 13-001 is hereby approved. The Tustin City Code is hereby amended MEMOIR as provided in Exhibit 1 attached hereto. Ill. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the th day of 2013. ELWYN A. MURRAY, Mayor JEFFREY C. PARKER CITY CLERK Ordinance No. 1429 Page 13 STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS CITY OF TUSTIN 1 CERTIFICATION FOR ORDINANCE NO. 1429 JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1429 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the _t" day of , 2013 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the �t" day of , 2013 by the following vote: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Exhibit 1: Amendments to the Tustin Article 4 and Article 9 of the Tustin City Code Ordinance No. 1429 - Exhibit 1 Page 11 Article 4 Chapter 3 of the Tustin City Code is hereby amended as follows: 1. Section 4316 is hereby added as follows: RECYCLABLE M I LS tions a ble materials and re iclable materials for tran oortation to a mixed-wast I recovery s shall have the following on-am �Pevelo vent �roect" "means an �ofthe followin: collected and loaded and any nd expanded by fifty 50 percent or more. s to the value of a facilitv- pErgoLlongs its useful f value of the faci it and do not ty_a local agency. Ordinance No. 1429 — Exhibit 1 Page 12 "R space allocated for collecting and loading of recble rnaterials M �c- plic�abilit � {1} The City of Tusfin's contracf �nrith ifs hauler re wires the ravision of a Th eas rewired by this subsecfian: containers to allow for the collection and loa • qpment shall j2�e located within the re of the istent with current methods of waste such as rpr - waste shall rovide ade uate room in the enclosure to house Ordinance No. 1429 — Exhibit 1 Page 13 Lencinct and landscaninc�. shall 4 Rec clin areas shall have a solid rcpt or awnin and be enclosed hv masonr wall with access which effective) obscures the contents Placed within the enclosure. he theft of recVclable materials b,, unautho cess for dis osal of ed therein shall rovide rotect' i ht render the Zlle�cted A materials unmarketable, 7 Irivewa s or travel aisles shall be unobstructed and cle access forlbg Cit 's franchised solid waste hauler's collection vehicles and shaLpLqyjde minimum Ell7iMlizEi MRS clearance for vehicles utilized y the City's franchised solid waste hauler. �d b jtg-�Q��� s shall meet all AnDlicable zoni-- setback e located in uired to be constructed or maintained unencumbered according " le onvenient • ersons who de os t r feasible areas for collectin and loa coniunction with the solid waste collection areas. materials are sub'ect to de review 00 LL !E E a 0 0 C: C,5 > a) -a w -C Q3 2i —(n -E o il 0 0 CL a) 0 C) 0 4- 2! O a E Cl) UJ E > UJ C: :3 U) LU U) 0 ca -C F >1 — (/) :t-_ W (n c E 0 cu a) 4 0 a) 0) " < a X 0 :3 — 4- LU CN U) Z w m L- 0 uj N N (N 0 -0 (D CN U) Nt -C 0') LJU r- c 6 .2 U) z 0 Clq C14 c m c a) Of) I 41 -zz All, R i JQ 4i lz�l br 41 C o wO > > : :3 a) 2 E E c a) Z c = => E - a) _0 C m Z c C: 0 0 a) M (n M > W 0 0 z E E cn z LU - -C Q Q I 41 -zz All, R i JQ 4i lz�l br 41 I O Lol if cu CL I m 17 li IN ®RION MINE 4z —Z I z--1 4�1 li IN ®RION MINE Ordinance No. 1429-Exhibit 1 Page 16 ffil ral 2. Section 9221 iS hereby amended 8Sfollows: 9221 RESIDENTIAL AGRICULTURAL DISTRICT (RA) a Permitted Uses and Development Standards In the Residential Agricultural District (RA) only the following Uses. (or USeS vvhiCh, in the opinion Of the CO[DnlUDhv Development Director and/or the Planning Conlrnionion, are einni|ah will be o||ovved subject to the development standards identified in Table 1 of Section 9220 and/or as otbg���� this Ch@D[8[ 1. Single family dwelling 2. Light ferming, except commercial dairkeS, commercial kennels, commercial rabbit, fox, goat or hog farms, or commercial chicken or poultry ranches. MWIWI 3. Accessory uses normally incidental to a single family dwelling or light farming. This is not to be construed as permitting any commercial use. 4. Crop and tree farming 5. Home occupations in accordance with this Chapter. Ordinance No. 1429 — Exhibit 1 Page 17 6. Large family day care homes (subject to the provisions set forth in Section MINOR 9271 aa). W '-E I EBB b Conditionally Permitted Uses and Development Standards The following uses (or any other uses which, in the opinion of the community Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Residential Agricultural District (RA) subject to the issuance of a Conditional Use Permit and subject to the dg�,e�velDment standards identified in Table 1 of Section 9220 and/or a s s pecified in this Chanter. 1. Places of Worship ,p �shi GhufGh-es, schools, parks, playgrounds, public utility--and-pub4G (a) Maximum height: 30 feet (b) Minimum building site: 20,000 square feet for Places of Worship GhUFGhe6, 5 acres for schools, public utility and other uses as specified in a Conditional.uUse pRermit. (c) Minimum lot width at property line: 100 feet (d) Maximum lot coverage: 40 percent (e) Minimum front yard setback: 25 feet, unless otherwise indicated by 9-1 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. The maintenance of not over two (2) horses or cows for private use provided that minimum land area be thirty (30) thousand square feet (a) Minimum building site: 30,000 square feet (b) Minimum lot width: 100 feet (c) Minimum front yard setback: 60 feet, unless otherwise indicated by Zoning Map (d) Minimum side yard setback: 20 feet (e) Minimum rear yard setback: 10 feet 3. The maintenance of not more than 25 rabbits or similar small animals or commercial chicken raising-,-subject-to-use-pefrn-it. (a) Maximum height: 30 feet Ordinance No. 1429 — Exhibit 1 Page 18 (b) Minimum building site: one (1) acre (c) Minimum lot width at property line: 100 feet (d) Minimum front yard setback; 60 feet, unless otherwise indicated by Zoning Map (e) Minimum side yard setback: Corner lot line: 20 feet; Interior lot line: 10 feet Minimum rear yard setback: 10 feet. 3. Section 9222 is hereby amended as follows: 9222 RESIDENTIAL ESTATE DISTRICT (E4) a Permitted Uses and Development Standards In the Residential Estate District (E4) only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission are similar) will be allowed subject to the development standards identified in Table 1 of Section 9220 and/or as s ecified roof 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. Ordinance No. 1429 — Exhibit 1 Page 19 (a) Maximum height: 250 feet MINE (b) Maximum lot coverage: 30 percent of rear yard 11-111 (c) Minimum side yard setback: 1 foot (d) Minimum rear yard setback: 1 foot except 5 feet required on an alley 3. Home occupations in accordance with this Chapter. 4. Large family day care homes (subject to the provisions set forth in Section 9271 aa) 5. Second residential units (a) Maximum height: 30 feet (b) Minimum building site: 12,000 square feet (c) Maximum overall lot coverage for all structures combined: 50 percent (d) Maximum lot coverage for the second residential unit: 30 percent of rear yard and 30 percent of side yard (e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit (f) Minimum front yard setback for off -street parking: 50 feet (g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (h) Minimum rear yard setback: 5 feet (i) Maximum floor area of second residential unit: 10 percent of total lot area i4} Any second residential unit shall be consistent with the architectural style, materials and color of the primary single-family dwelling and shall not detract from the single-family appearance of the primary single-family dwelling km4LIS1 And second residential unit shall not cause a substantial adverse change, as defined in California Public Resources Code Section 5020.1, in the significance of any real property that is listed in the California Register of Historic Places or the City of Tustin Historical Resources Survey I Ordinance No. 1429 — Exhibit 1 Page 110 (- IAn The second residential unit shall be constructed concurrently with, or subsequent to, the primary single-family dwelling, which shall be conforming or brought into conformance with the Tustin City Code O)Lqj All entrances to gnythe second residential unit shall be located towardw the rear of the primary single _-family dwelling and shall not be visible from the public right-of-way k0LqL_When the primary single-family dwelling would conform to the development standards normally applicable to second residential units, and the second residential unit is built between the primary single -family dwelling and the front property line, the second residential unit shall be subject to the development standards normally applicable to the primary single_-family dwelling. b Conditionally Permitted Uses and Development Standards (a) Maximum height: 30 feet (b) Minimum building site: 20,000 square feet for Places of Worship GhUFGhes; 5 acres for schools, public utility and other uses as specified in a Conditional Use pRermit (c) Minimum lot width at property line: 100 feet (d) Maximum lot coverage: 40 percent (e) Minimum front yard setback: 20 feet, unless otherwise indicated on Zoning Map (f) Minimum side yard setback: 10 percent of lot width (g) Minimum rear yard setback: 20 percent of lot depth 2. Accessory buildings used as guest carters s, provided lg no cooking facility is installed or maintained, subject to a usse­pe� recorded deed restriction approved by the City. Ordinance No. 1429 — Exhibit 1 Page 111 (a) Maximum height: 250 feet (b) Maximum lot coverage: 30 percent of rear yard (c) Minimum front yard setback: 50 feet unless otherwise indicated on Zoning Map (d) Minimum side yard setback: Corner lot line: 10 feet, Interior lot line: 5 feet (e) Minimum rear yard setback: 5 feet 4. Section 9223 is hereby amended as follows: 9223 SINGLE FAMILY RESIDENTIAL DISTRICT (R1) a Permitted Uses and Development Standards In the Single Family Residential District (R1) only the following uses (or uses which in the opinion of the Community Development Director and/or the Planning Commission are similar) will be allowed subject to the development standards identified in Table 1 of Section 9220 andlor as specified in of this Chapter. 1. Single family dwellings Ordinance No. 1429 — Exhibit 1 Page 112 (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 9271aa. 5. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a) 6. Large family day care homes (subject to the provisions set forth in Section 9271 aa). 7. Second residential units: (a) Maximum height: 30 feet (b) Minimum building site: 12,000 square feet (c) Maximum overall lot coverage for all structures combined: 50 percent (d) Maximum lot coverage for the second residential unit: 30 percent of rear yard and 30 percent of side yard (e) Minimum front yard setback: 50 feet for detached unit; 20 feet for attached unit (f) Minimum front yard setback for off- street parking: 50 feet (g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (h) Minimum rear yard setback: 5 feet (i) Maximum floor area of second residential unit: 10 percent of total lot area (t) Arm second residential unit shall be consistent with the architectural style, materials and color of the primary single - family dwelling and shall Ordinance No. 1429 — Exhibit 1 Page 113 not detract from the single-family appearance of the primary single-family dwelling kR34Lk �An The second residential unit shall not cause a substantial adverse change, as defined in California Public Resources Code Section 5020.1, in the significance of any real property that is listed in the California Register of Historic Places or the City of Tustin Historical Resources Survey 01-) �_T_t4e second residential unit shall be constructed concurrently with, or subsequent to, the primary single-family dwelling, which shall be conforming or brought into conformance with the Tustin City Code _All entrances to gnythe second residential unit shall be to the rear of the primary single - -family dwelling and shall not be visible from the public right-of-way {p)Lnl_When the primary singles family dwelling would conform to the development standards normally applicable to second residential units, and the second residential unit is built between the primary single-family dwelling and the front property line, the second residential unit shall be subject to the development standards normally applicable to the primary single--family dwelling. b Conditionally Permitted Uses and Development Standards (a) Maximum height: 30 feet (b) Minimum building site: 20,000 square feet for Places of Worship GhUFGhes, 5 acres for schools, public utility and other uses as specified in Conditional uUse oPermit. (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 110 Ordinance No. 1429 — Exhibit 1 Page 114 (g) Minimum rear yard setback: 20 feet 2. Accessory buildings used as guest qgarters roon4s, provided j-Gg no cooking facility is installed or maintained, subject to a use-j)ermALecorded deed restriction approved by the Cif. (a) Maximum height: 250 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 6. Section 9225a is hereby amended as follows: a Permitted Uses and Development Standards In the Duplex Residential District (R-2), only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table I of Section 9220 and/or as §p�e �ifiedof in this Chapter. 1. All uses Gond*ona4y permitted in the R-1 District, subject to the develotamen� standards specified in the R-1 District unless otherwise listed,", -,subjea-to-a 4. Ordinance No. 1429 — Exhibit 1 Page 115 DistfiGt 2. Duplexes or two detached single-family dwellings on the same lot. 7. Section 9225b is hereby amended as follows: 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 Duplex Residential District (R2) subject to the issuance of a Conditional Use Permit d in Table 1 of Section 9220 and/oras s �ecified �in th�isCha ter. 1 All uses conclitionall oermitted in the RI District sub'ect to the devel ment _�t_andards I Decified in the R1 District. unless otherwise listed. Ordinance No. 1429 — Exhibit 1 Page (16 -1-2. Triplexes (single structure) y (a) Maximum height: 35 feet (b) Minimum building site area: 7,200 square feet (c) Minimum lot width at property line: 60 feet (d) Maximum lot coverage: 50 percent (e) Minimum front yard setback: 20 feet (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 10 feet (h) Minimum lot area per family unit: 3,500 square feet 3. Day care center (as defined in the Health and Safety Code). 8. Section 9226 is hereby amended as follows: Ordinance No. 1429 — Exhibit 1 Page 117 (bi) Minimum lot area per family unit: 1,750 square feet 2. Multiple family dwellings, apartment houses RISEN 3. Accessory building normally incidental to any of the above. This shall not be mom, construed as permitting any commercial use or occupation other than those specifically listed. (a) Maximum height: 250 feet b Conditionally Permitted Uses and Development Standards The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Multiple Family Residential District (R3) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9220 and /or ass ecified in this Cha ter. 1 � All uses conditionally permitted in R-2 District suk;ect to the de standar • therwise listed. w I • (ate _Maximum height- 2 _stories or 35 feet ttj Minimum building site- 7,500 square feet Lch Minimum lot width at_pro rty line., 70 feet Re _ Ordinance No. 1429 — Exhibit 1 Page 118 percent WINNER-, lei Minimum front yard setback 0 feet f Minimurt� side and setback: Corner lot line: 10 feet; ,nor lot line: 5 feet 4-A --FRest homes, extended care facilities, convalescent hospitals, and sanitariums (a) Maximum height: 40 feet (b) Minimum building site: 7,500 square feet (c) Minimum lot width at property line: 70 feet (d) Maximum lot coverage: 75 percent (e) Minimum front yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet Ordinance No. 1429 — Exhibit 1 Page 119 Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet 11 1 IN (g) Minimum rear yard setback: 10 feet .6. (as defined in the Civil Code), Community Apartment Projects (as defined in the Business and Professions Code), and Stock Cooperatives (as defined in the Business and Professions Code) when developed, or to be developed, pursuant to the criteria of the Planned Development District. --GE feet 1-0 ffi 6. 6-,---Professional office use Ordinance No. 1429 — Exhibit 1 Page 120 F7 (a) Maximum height: 40 feet (b) Minimum building site: 7,000 square feet (c) Minimum lot width at property line: 70 feet (d) Maximum lot coverage: 75 percent (e) Minimum front yard setback: 15 feet (unless otherwise indicated on Zoning Maps) (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 10 feet 7. -7-.--Swim schools c Maximum Height, Exception Notwithstanding any provision to the contrary contained in this Section 9226, when a lot in the R3 District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said R3 lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within one hundred fifty (150) feet of said RA, E4 and R1 zoned property, unless the Planning Agency shall grant a conditional use permit thereof. d Minimum Open Space Re uirements nrixinfim 1. Private a minimum open space of one hundred (100) square feet per dwelling unit. This shall be patio provided in the form of an appurtenant private deck or balcony 2. Commo en space - und level atios ma be included s ace credit include rd setbacks iingiffff9m, R= 9. Section 9227b is hereby amended as follows: b Development Standards Development standards shall be the following: 1. Minimum building site (a) Mobile home park or travel trailer park: five (5) acres, Ordinance No. 1429 — Exhibit 1 Page 121 (b) Individual lot: The total area of all trailer and/or mobile home spaces shall be equal to or greater than the product of the total number of spaces multiplied by two thousand eight hundred (2,800) square feet. (c) Travel trailer spaces, with a minimum lot size of one thousand five hundred (1,500) square feet, shall not exceed ten (10) percent of the total spaces in a mobile home park. 2. Maximum density (a) Mobile home park: Ten (10) dwelling units per net acre (public streets excluded) (b) Travel trailer park: Fifteen (15) dwelling units per net acre. (c) Any lawfully established and developed parcel which is legal and conforming or legally nonconforming as of the date of the adoption of this subsection, and with the acquisitions of public rights-of-way by a public agency would result in densities exceeding the density permitted by the Zoning Code or would result in an increased nonconformity with regard to density shall not be considered legal nonconforming pursuant to Section 9227b2 and Section 9273 of the Zoning Code with regard to density only, provided that all other provisions of the Zoning Code are satisfied. 3. Maximum height: Thirty (30) feet. 4. Minimum yards and setbacks (a) Front yard: Trailer park—None Individual lot—Five (5) feet (measured from curb to actual structure, hitch excluded) (b) Side yard: Trailer park—None Individual lot—Three (3) feet 5. Maximum lot coverage-75 percent Ordinance No. 1429 — Exhibit 1 Page 122 SIMON, 776, 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. 8-L, 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. 9 -3. 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. 4-0-.9. Irrigation of landscaped areas All landscaped areas, other than on individual spaces, shall be provided with an irrigation system, 44� 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. 10. Section 9228 is hereby amended as follows: 9228 SUBURBAN RESIDENTIAL DISTRICT (R4) a Permitted Uses In the Suburban Residential District (R4) only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Ordinance No. 1429 — Exhibit 1 Page 123 Commission, are similar) will be allowed, subject to the development standards MINOR identified in Table 1 of Section 9220 and/or ass ecified in of-this Chapter. 1. Accessory buildings or uses (see Sections o22a2 and 92a for development standards) 2. Farming (general) of agricultural crops on the land and grazing, but not including any poultry or animal raising enterprise conducted on a commercial basis 3. Home occupations in accordance with this Chapter 4, Recreation areas (public) and buildings, parks, playfields and playgrounds 5. Residential uses (all of a permanent character, placed in permanent locations) (a) Single-family dwellings (b) Two (2) or more detached one-family dwellings (c) Two-family dwellings (d) Multiple-family dwellings and apartment houses 6. Large family day care home (subject to the provisions set forth in Section 9271 aa) b Conditionally Permitted Uses The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Suburban Residential District (R4) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table I of Section 9220 and/or a s s Decified in this Cha ter. 1. Boarding houses (see Section 9226b2 for additional development standards} 3-2. Day care center (subject to Section 9271 aa2) 4-.1 — Parks (private) and recreation areas, recreation buildings, playfields and playgrounds, but not including amusement parks or other parks of a commercial nature 0_1 Ordinance No. 1429 — Exhibit 1 Page 124 F1 - 4. Places of worshi rnueurrts iibraries. uhiic _schcois and coiieces, private r_ scnoois and collecies 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 e— e e - s �y��vievse in�sry h4� °`> �vite=�— mt r -,'t is 2 et 4 3 ! r - -40-f , 7 - - line -: 6:--- M +n4mp 4et- area-- pe+4a- rnt "4t- 4- 0�f& feet do Maximum Height, Exception Notwithstanding any provision to the contrary contained in this Section 9228, when a lot in the R4 District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said R4 lot to a height to exceed one (1) story, and /or twenty (20) feet, whichever is more restrictive, within one hundred fifty (150) feet of said RA, E4 or R1 zoned property, unless the Planning Agency shall grant a conditional use permit thereof. X ui VC LO C: CN 0 O 4- 0 U) M O (Y) N 0) c 0 U) I I I E 0 c 01— 0 0 (1) U- > !E -0 C) as 0 cy') C Lb ro, 1. • rt I ORION IN CA El z ul CZl E Z2 41 ru, C3 J ORION IN gm, I 0 z C 0 CL �m Q) U x LLI PEE, kill CN momm ON I CL 0 E 0 z C 0 CL �m x LLI CN > 0 z C 0 CL �m Ordinance No. 1429 - Exhibit 1 Page 127 I ROME! 12. Section 9231 is hereby amended as follows: ONES TIF . (2Z a Permitted Uses In the Professional District (Pr), only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 this Chapter. 1. Accessory buildings and uses (except that no building site may be used simultaneously for residential and professional purposes) 2. Advertising agencies 3. Automobile broker (office-use only) 4. Banks, financial institutions, and savings and loans (no drive-thru) 5. Collection agencies 6. Home occupations in accordance with this Chapter 7. Insurance agencies 8. Interior decorator or artist studios 9. Land and property management 10. Management, technical or professional consultants Part 6 of the Tustin City Code 44-12. Office uses - including professional and general (as defined in Section 9297) 4-2L1 3. Personnel agencies 4-3-.14. Pharmacies - dispensing and selling only drugs, medicines and health 44-15. Photographers Ordinance No. 1429 — Exhibit 1 Page 128 415716 Single - family dwellings and those accessory structures, buildings and E uses normally incidental to the uses of a building or premises for single - family occupancy subject to the requirements of the R1 District 4-671T Social work -1 8. Stock brokers 19. Title insurance companies 20. Travel agencies 21. Tutorinct Facilities ri tit ,0 :---4 n4 -sfi ufl g, feat, 2 g,,— t MOMMIMIM cb General Conditions and Regulations for Permitted Uses 1. General conditions and regulations of building and site use for all permitted uses except single - family dwellings and those accessory structures, buildings and uses normally incident to the uses of a building or premises for single - family occupancy, subject to the requirements of the R1 District: (a) Except for parking areas, which may {bel unenclosed, all uses shall be conducted wholly within an enclosed building. Ordinance No. 1429 — Exhibit 1 Page 129 (b) All storage shall be within an enclosed building, and shall be limited to the accessory storage of supplies utilized in the business conducted upon the MEN premises. (d) Lc All portions of the building site, exclusive of structures, parking areas, driveways and walkways, shall be landscaped and maintained. (f} LqL_No certificate of use and occupancy shall be granted until these requirements are met. wa�ntn Ge-Gf4HDerrAitted-uses,ire-is-fG4Gws: A-ptot-Wan-dFaWn4G-&G,Ite--&�' g atKwws-of-a4 ra, d4veways-asd-wa�� dc Conditionally Permitted Uses The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Professional District (Pr) subject to the issuance of a Conditional Use Permit and _ subect to the develo ment standards identified in Table 1 j of Section 9230 and/or asecified in this Chapter. 1. Adult entertainment booking agencies (as defined in Section 3141 and subject to the provisions set forth in Chapter 9) 3-,2. Drive-thru facilities Ordinance No. 1429 — Exhibit 1 Page 130 4-3. Professional, instructional, motivational and /or seminar schools 13. Section 9232 is hereby amended as follows: 9232 RETAIL COMMERCIAL DISTRICT (C1) a Permitted Uses In the Retail Commercial District (C1), only the following uses (or uses which, in the opinion of the Community Development Director and /or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and /or as specifiedof in this Chapter. 1. General retail businesses, exemplified by the following list, when conducted within a building: (a) Alcoholic beverage sales (off -site) located within a building and permitted business with at least 15,000 square feet of gross floor area and where the alcoholic beverage sales area within the building occupies no more than 10 percent of the gross floor area (b) Antiques and curios (c) Appliance stores (inciudin re airs (d) Art galleries (e) Bakeries (f) Bicycle sales (including repairs) (g) Books and stationeries (h) Ceramics (not including molding, casting or manufacturing by any process) (i) Clothing Q) Confectioneries (k) Department stores (1) Drug stores (including sundries and notions) (m) Dry goods (n) Florist shops (o) Food markets (p) Furniture sales (new or used /consignment) Ordinance No. 1429 — Exhibit 1 Page 131 (q) Hardware stores INES., (r) Household goods and furnishings (s) Jewelry stores (including repair and watch making) (t) Leather goods (u) Musical supplies and instruments (v) News stands (w) Office supplies and equipment (x) Paint and wallpaper supplies (y) Religious supplies LzLSecondhand sales without pawn WLaaLShoe stores Sporting goods (not including boat and motor sales) k�gc Variety storesi ift sho s 2, Service businesses, exemplified by the following list, including any retail sales incidental thereto, when conducted within a building: (a) Banks, financial institutions and savings and loans (including those providing drive-thru service) (b) Barber shops (c) Beauty parlors (d) Body art facilities (as defined in Section 3141, and subject to the requirements of Part 4 of Chapter 1 of Article 4) DanG&-&�os O)LeL_Dry - cleaning or laundry agencies (pick-up and delivery only) �fLEquipment rental business conducted within a building (light materials, i.e. party supplies, household appliances, small household tools, medical equipment, etc.) (g) Instructional Studios 0_ (h) Laundromats or other self-service laundering facilities ¢R) _Smog check stations with service bays in conjunction with approved service station WINE i L_Tailor shops 011-1-111-111111 ��L 04Ls J_Travel agencies fokt Tutoring facilities 3. Office uses - including professional and general (as defined in Section 9297 and subject to the provisions set forth in Section 9271ee) b Conditionally Permitted Uses The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Retail Commercial District (Cl) subject to the issuance of a Conditional Use Permit and subject to the development standards identified ,in Table 1 of Section 9230 and/or as specified in this Chapter 4-. Adult entertainment booking agencies (as defined in Section 3141 and subject to the provisions set forth in Chapter 9) 3;2. Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments Ordinance No. 1429 — Exhibit 1 Page 133 4-3, Animal hospitals or clinics (small animals) -5-4 Automotive supplies (installation of minor replacement parts and ow- accessories within an enclosed building) 9. Clubs and social halls 10. Convenience stores 11. Day care centers (subject to Section 9271 aa2) 13. Drive-thru Facilities 'Drive-in and Drive-thrulFbod- 14. Fortune-telling businesses (as defined in Section 3141) 15. Fraternal organizations and lodges 16. Gymnasiums and health clubs 17. Hotel and Motels 19. or store front as defined 9271bb 20. Mortuaries 21. Office uses (new) - Development or construction of new building structures where more than fifty (50) percent of the total floor area or any portion of the ground floor area is designated for use oGGupan­cy-by professional or general offices (as defined in Section 9297) subject to office use criteria as set forth in Section 9271 e Ordinance No. 1429 — Exhibit 1 Page 134 (a) Maximum height: 35 feet (b) Minimum building site: 10,000 square feet (c) Minimum lot width at property line: 100 feet (d) Maximum lot coverage by building or structures: 50 percent (e) Minimum front yard setback: 15 feet unless otherwise indicated on Zoning Map NO Milli (f) Minimum side yard setback: 8 feet 28. Specialty stores 2&29. Theaters c Development Standards 1. None of the above listed uses or any other use determined to be permitted shall maintain any outside storage or work areas. 2 v cr�t� Ordinance No. 1429 – Exhibit 1 Page 135 kf-----Repeatead7 �g) Repealed-_ d Use Criteria—Office Development Office developments within the Retail Commercial District (Cl) shall be constructed to conform with the parking standards for retail commercial uses on the first floor area of the building unless otherwise specifically exempted pursuant to the approved conditional use permit. Findings, including but not limited to the following, shall be made by the Planning Commission prior to approving a Conditional Use Permit for construction of a building where greater than fifty (50) percent of the total floor area, or any portion of the ground floor area is designated for eGGupanGy­by office uses. (a) Development or construction of professional or general office buildings would be more compatible with the surrounding uses in the area than permitted retail commercial uses on the subject property. 3. Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total floor area is exempt from office development use criteria. 14. Section 9233 is hereby amended as follows: 9233 RETAIL COMMERCIAL DISTRICT (C2) a Permitted Uses In the Central Commercial District (C2), only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and/or as specified inof this Chapter. All uses listed as permitted in the C1 District, subject to the use and development criteria specified in Section 9232 (except uses listed as permitted below) 2. Office uses - including professional and general not fronting onto Main Street or El Camino Real or located outside the Old Town Commercial General Plan land use designation (subject to the provisions set forth in Section 9271ee) 3. Retail uses exemplified by the following: (a) Clothing apparel receiving and distributing (b) Electronics stores 1=1170 110 IN 151 Ordinance No. 1429 – Exhibit 1 Page 136 IN (c) Furniture consignment sales (d) Nurseries 4. Service uses, exemplified by the following list, including any retail sales incidental thereto: (a) Bowling alleys (b) Coin operated machinery - repairs, sales and services (c} Dentai0medicall _ ab 01 0 Electronics research laboratories and prototype assembly Le�04 Mortuaries 5—R-epea1ad-I . Gb 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 Central Commercial District (C2) subject to the issuance of a Conditional Use Permit end subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this �Qha t�er. 1. All conditionally permitted uses in the C1 District, subject to the development and use criteria specified thereto (uses listed in Section 9233a are permitted). 2. Amusement resorts, arcades, and private recreational facilities which include video and vending machines or other such contrivances in excess of five (5) which are identical to the principal business Ordinance No. 1429 — Exhibit 1 Page 137 3, Automotive repair shops 4. Automotive /vehicle sales lots (used/pre-owned) 5. Billiard parlors and pool halls 6. Cleaning and dyeing establishments 7. Equipment rentals of heavy machinery (trailers, tractors, skip loaders) 8. Garages (public) 9, Karaoke music studio 10. Office uses - Professional and general offices (as defined in Section 9297) fronting onto Main Street or El Camino Real or located within the Old Town Commercial General Plan land use designation (subject to the provisions set forth in Section 9271ee) 11. Outdoor markets and outdoor sales establishments 12. Party facilities including birthday party businesses 13. Pet shops 14. Secondhand sales with pawn/collections 15. Section 9234 is hereby amended as follows: 9234 HEAVY COMMERCIAL DISTRICT (C3) a Permitted Uses In the Heavy Commercial District (C3) District, only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter. 1. All uses listed as permitted in the-CA-and C2 Districts, subject to the use and development criteria specified thereto (except uses listed as permitted below) 2. Electronic plants 3. Research plants 4. Secondhand sales 5. Wholesale stores and storage Ordinance No. 1429 — Exhibit 1 Page 138 The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Heavy Commercial District (C3) subject to the issuance of a Conditional Use Permit and subject to the develo ment standards identified in Table I of Section 9230 and/or as sp�g �ffied in this Chanter Ordinance No. 1429 — Exhibit 1 Page 139 09-1 16. Section 9235 is hereby amended as follows: 9235 COMMERCIAL GENERAL DISTRICT (CG) a Purpose To provide for and encourage the orderly development of commercial areas throughout the City in accordance with the Land Use Element of the General Plan, which will serve the demand for a wide variety of goods and services. b Permitted Uses In the Commercial General District (CG), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and/or as specified inof this Chapter. 1. All uses listed as permitted in the C4-and-C2 Districts subject to the use and development criteria specified thereto (except uses listed as permitted below) 44---4#ei--i,ar-4eG,oratGF c Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Commercial General (CG) District subject to the issuance of a Conditional Use Permit and sub ect to the develo ment standards identified in Table 1 of Section 9230 and/or asecified in this Chapter. All uses listed as conditionally permitted in the C1 and C2 Districts subject to the use and development criteria specified thereto (except uses listed in Section 9235b are permitted) 2. Any development_gse - permitted under Section 9235b in excess of five (5) acres in total parcel space Ordinance No. 1429 — Exhibit 1 Page 140 Building supply 3. r� g pp Y h` 4. Business school 5. Manufacturing, fabrication, distribution facilities occupying less than 50 percent of floor area and less than 50 percent of operations d Restricted Uses No warehousing or storage other than accessory storage of commodities sold at retail on the premises shall be permitted except as otherwise provided by this Section. 2. No manufacturing, processing or treatment of products other than that which is clearly indicated to the retail business conducted on the premises shall be permitted. 3. Not more than five (5) persons shall be engaged on the premises in the incidental manufacturing, processing or treatment of products as permitted herein. �r v 4. None of the above listed uses or any other use determined to be permitted shall maintain any outside storage or work areas. 5. No residential use shall be permitted in any structure used for commercial purposes, except for caretaker facilities incidental to the permitted use. Ordinance No. 1429 — Exhibit 1 Page 141 masil, f e Development Standards 1. Maximum structural height The maximum height of any building or structure shall not exceed three stories nor thirty-five (35) feet; provided, however, that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts or similar structures may exceed such height limit; provided no space above such height limit shall be allowed for the purpose of providing additional floor space. 2. Structural setbacks (a) Front yard A minimum of ten (10) feet front structural setback shall be required from the ultimate street right-of-way line. (b) Side yard A minimum of ten (10) feet side yard structural setback shall be required from the ultimate street right-of-way line or adjoining residential lot. Otherwise, no side yard setback shall be required. (c) Rear yard Where any commercially zoned property rears upon the rear or side yard of property classified for single-family residential purposes, there shall be a rear yard of not less than fifteen (15) feet. Where the commercial property rears upon an alley or private drive easement, there shall be a rear yard setback of not less than five (5) feet. Otherwise, no rear yard need be provided. Ordinance No. 1429 — Exhibit 1 Page 142 4-3. Lot coverage Commercial sites may have 100 percent lot coverage less that required for landscaping and parking requirements. 5-4, Lot size (building site) A building site shall occupy not less than a 3,000 square foot parcel, 6-.-5. Refuse storage requirements Refuse storage areas shall conform to the standards and criteria contained in the Guidelines for Planning, Zoning and Development, as adopted by the City Council. -7-.6, Street dedication Highway dedication and improvements shall be as required by Section 9271x. MINES 8 7, Suffix (supplemental provisions) Properties designated "CG-PUD" on the Zoning Map shall require the submission and approval of design plans for a Conditional - uUse peermit pursuant to the requirements for Planned Unit Developments. f Limitations and Exceptions 1. Use of properties zoned other than ' "CG "for neral commercial purposes Ordinance No. 1429 – Exhibit 1 Page 143 Neicht limitations of this Section may be exceeded for those structures removed more than two hundred (200) feet from an sin le- arnily residential zone, subject to approval of a_conditional use permit. Exceptions to the general setback reouireents of this section shall be made onl in conformance with the development criteria of s ecific lane as improved by the cCity cCouncil. g Use Criteria—Office Development Office developments within the Commercial General District (CG) shall conform to retail commercial use parking standards for the first floor area unless otherwise specifically exempted pursuant to the approved conditional use permit. 2. Findings, including but not limited to the following, shall be made by the Planning Commission prior to approving a CGonditional Uuse Permit for construction of a building where greater than fifty (50) percent of the total floor area, or any portion of the ground floor area is designated for office uses. M ISH'- (a) Development or construction of professional or general office buildings IR would be more compatible with the surrounding uses in the area than permitted retail commercial uses on the subject property 3. Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total building floor area are exempt from office development use criteria. I 72 X W rn O Z -2 0 !E C) 0 CL E 0 > 0 U) C Qi a) n z 0 z N w - -2 0 0 O N Ca ul 0 Z C) C\l 0) O .2 z! U) C4 I tJ MIN i I I 0 0 w Ordinance No. 1429 - Exhibit 1 Page 145 3, Bulk merchandise sales MEMO, L ME VISM 4. Ceramic and plastic fabrication IS 5. Chemical laboratories 6. Delicatessens 677. Design and development :778. Distributors of electronic, electrical, and electromechanical products &9. Finished paper products 9-.10, Food (and kindred products) manufacturing or storage 4-G-.11. Laboratories for research and development 44-.12. Leather products 13. Light industrial, research and development, and manufacturing uses which do not maintain greater than fifty (50) percent of their gross floor area for office purposes 4-9714. Office uses - including administrative and professional offices (as defined in Section 9297) that are accessory to permitted uses (subject to the provisions set forth in Section 9271ee) Ordinance No. 1429— Exhibit 1 Page 46 Outside storage (iO conjunction with permitted use) enclosed in DliDiDlVno of six-foot high solid fence Parking |Ofs Pharmaceutical products Photography and printing plants Precision machine shop Prototype weapons and fabrication Ofcomponents Public utility uses (except the storage of flammable fuel products) Scientific instrument manufacturing lF8Xti|e and furniture manufacturing b Conditionally Permitted Uses The fOUOVvnQ uses (or uses which, in the opinion of the CoDlDlUDhv Oeve|upnlerd Director and/or the Planning Connrniss/on, are oirni|ah may be permitted in the Planned Industrial District (PM) subject to the issuance of a Gonditional Use Permit and subject to the dgetyellopment standards identified in Table 1 of Section 9230 and/or as �ipecified in this Chapte l�_A/oohuUc beverage sales establishments subject to the provisions set forth in Section 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments Ordinance No. 1429 — Exhibit 1 Page 147 R�Rq MINE, Map (A,--Repea4e�. @----R-er1a*sErr^I 19. Section 9242 is hereby amended as follows: 9242 INDUSTRIAL DISTRICT (M) a Permitted Uses In the Industrial District (M), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9240 and/or ass ffiedinof this Chapter. 1. All uses permitted in the PM District 2 Sexually oriented businesses as defined in section 3911(a} and subiect to the rovisions set forth in Article 3 Cha ter 9 of the F-12-iM Tustin Cit Code. KIM b Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Industrial District (M) subject to the issuance of a Conditional Use Permit_gDd �u[:�e�ct to f Section 9240 and/or a s s Decified in this Ch 1. All conditionally permitted uses in the PM District subiect to the development and 4-.2. All permitted uses that utilize greater than fifty (50) percent of their gross floor area for office use (including administrative and professional offices as defined in Section 9297 and subject to the provisions set forth in Section 9271 ee) 3. Building material yards 4. Caretaker's residential unit when in conjunction with permitted use 5. Convenience stores Ordinance No. 1429 — Exhibit 1 Page 148 6. Hazardous waste facilities (subject to all standards and criteria contained in the Tustin City Code) 7. Indoor Kennels and Animal Boarding Facilities 7—,8, — Manufacturing uses (subject to compliance with performance standards of the Air Pollution control Board) 9. Places of worship sued to adopfied guidelines 9710. Restaurants 9-:11. . Retail commercial uses 4-0-.12. Schools for professional, instructional, motivational, vocational and/or seminar uses 14-.13. Specialty stores 42 Ww-e pies 4s0i fr�.��4 G --Devi pw+ent-&tandams MMEMIZEM 20. Section 9243 is hereby amended as follows: In the Unclassified District (U) all uses are permitted unless otherwise prohibited by law, provided that a use-pefrnAgonditional Use Permit shall first be secured for any use to be established in any "U" District, with development criteria as specified in the use-peFm4��onditional Use Permit. 21. Section 9244d is hereby amended as follows. d Permitted Uses In the Planned Community District (PC), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9240 and /or ass ecified roof this Chapter. The uses permitted in any PC District shall be those designated on the approved development plan. In the event that such approved usage does not conform to Ordinance No. 1429 - Exhibit 1 Page 149 the General Plan of the City, the General Plan may be amended, pursuant to the General Plan Amendment process to conform to the development plan. Said ri 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 1 Grading shall be permitted within a PC District outside of an area of immediate development subject to securing a grading permit. 4. Any area designated for residential use may be developed at a lower residential density than is indicated on the approved development plan without requiring an amendment of the development plan. 5. Large family day care homes (subject to the provisions set forth in Section 9271 aa). & Reverse vending machines (as-4efi-Red-i-R-&eGtion--9297-sSubject to standards contained in Section 9271 bb). 7 Sexu to the ally oriented businesses as defined in Sell COM and PC-IND zones only) 22. Section 9244e5(c) is hereby amended as follows. (c) The Planning Commission has granted a_-­u 6e-peff)4#9_onditi0naI Use Permit for any specific development. 23. Section 9244e6 is hereby amended as follows: 6. Application for a use--pem44Conditional Use Permit for development as stipulated above shall include the following as applicable: (a) Topographic map of the property showing the proposed method of adapting the development to the site. (b) Legal description or boundary survey of the property; (c) Location, grades, widths and types of improvements proposed for all utilities, streets, walkways, driveways and service areas; (d) Location, height, number of stories and number of residential units, if any, for each proposed structure; (e) Location and design of automobile parking areas; M Preliminary landscaping plan; Ordinance No. 1429 — Exhibit 1 Page 150 (g) Location of public or quasi - public buildings or areas, including but not limited to, schools, recreation facilities, parking areas, and service areas, if any; (h) Elevations of structures showing architectural type; 0) Irrevocable offers to dedicate those areas shown on the plan as public property; (j) Method by which the property could be divided for the sale or lease of individual parcels; (k) Method by which open space areas are to be perpetually maintained. 24. Sections 9244f is hereby amended as follows: f Conditionally Permitted Uses The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Industrial District (PC) subject to the issuance of a Conditional Use Permit and suUect to the development standards identified in Table 1 of Section 9240 and /or ass ecified in this Chapter. 1. Alcoholic beverage sales establishments subject to the provisions set forth in III 9 j p Section 9271 d and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments 25. Section 9245b1 is hereby amended as follows: 1. Places of VVnrqhinGhwG,14es, subject to adopted guidelines 26. Section 9245c is hereby amended as follows: c Development Standards The development standards and requirements for development and changes in use shall be those contained in the general section of this Chapter and as specified and approved by the Planning Commission as conditions of the se-p" Conditional Use Permit. 27. Section 925283 is hereby amended as follows: 3. The Community Development Director shall have the authority to approve, approve with conditions, or deny Certificates of Appropriateness for improvements requiring a City building permit. In reviewing applications for a Certificate of Appropriateness, the Community Development Director may consult with and receive the advice and recommendation of the Planning Commission, in their capacity as the Historic Resource Committee prior to rendering a decision. Ordinance No. 1429 — Exhibit 1 Page 151 28. Section 9252i3 is hereby amended as follows: 00-1 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 / the Director of Communit Develo meat. 29. Section 9252j3(c) is hereby amended as follows: (a) Authorized and encouraged uses: The following uses are authorized and encouraged with the interest of creating a commercial village atmosphere: Pipe and tobacco shops Lamp shops Wine tasting rooms /Micro- winery not sube�ct to distance requirements in section 9271 ddb Yardage goods Leather goods Knit shops Candle shops Ice cream shops Boutique Jewelry shops Coffee shops Wrought iron ware Ethnic restaurants Art galleries (Spanish, Mexican, French, German) General offices (if located on any floor above and if less than 50 percent of total area are occupied by general offices, consistent with Section 9233a(1)(g) Hobby shops Delicatessens Photographer's studios Antique shops China and crystal I Gift shops The above list of potential uses is not all encompassing but typifies the character of uses that illustrate the desired image. 30. Section 9270 is hereby amended as follows: 9270 REGULATIONS All regulations in this Chapter pertaining to the districts established in Sections 9213a and b hereof are subject to the general provisions, conditions and exceptions contained in this Part. 11-1— so 0, ER MEMO MEN 21 Ordinance No. 1429 — Exhibit 1 Page 152 ab Uses Permitted Subject to Use-RerConditional Use Permit All of the uses listed in this Part, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts herein defined, and therefore the authority for and location of the operation of any of the uses designated herein shall be subject to the issuance of a use Perm#Qonditional Use Permit in accordance with the provisions of Section 9291. In addition to the criteria for determining whether or not a use-pefm-4Conditional Use Permit should be issued as set forth in Section 9293b hereof, the Zoning Administrator or Planning Commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding areas. ISM (1) Damage or nuisance from noise, smoke, odor, dust or vibration; (2) Hazard from explosion, contamination or fire; (3) Hazard occasioned by unusual volume or character or traffic or the congregating of a large number of people or vehicles. The uses referred to herein are as follows: (a) Airports and landing fields. (b) Establishments or enterprise involving large assemblages of people or automobiles as follows: (1) Amusement parks and race tracks; (2) Recreational facilities, privately operated. (c) The mining of natural mineral resources, together with the necessary buildings and appurtenances incident thereto. (d) Removal or deposit of earth other than in connection with excavations or deposits in connection with construction of buildings, roadways, or public or home improvements. (e) Presentation of live entertainment, pursuant to the live entertainment -p-ermit er Article 3 of the Tustin Cit Code. Ordinance No. 1429 — Exhibit 1 Page 153 Dish antennae located in residential zones exceeding three (3) feet in diameter and located other than in rear yard areas obscured from public right-of-way view. is (g) Dish antennae located in all zones other than residential, exceeding three (3) feet in diameter and not fully screened or otherwise obscured from public right-of-way view. bGApproval of Temporary Uses Temporary uses are typically associated with special events or community events which are in place for a short period of time. Temporary Use Permits may except be issued no more than four (4) times per calendar year for each business e ;�:i _pgLgqL� Development u n C ommunity m m if aooroval is given b the C e m or ar Us e Permits. Permits r e q ui r ed prior occurring in an y zo ne (excluding re s iden t ial us e S Rrofessional-Dis,#4Gt4PTO as follows: Ld as approval 1. Requests for a temporary use of up to thirty (30) a require approval of a Temporary Use Permit from the Communit Development Department. --m� than—t-hfee43)-4ay-s-- 2. Requests for more than thirty (30) days and up to one 1) ear sjx-4&)-444� _y require Community Develo meat Director approve(.. 11 ear--,4x—k6)—moF4h-s require approval of a one ( 1) 3. Requests for more than _one y Conditional Use Permit (CUP) by the Planning Commission. Any temporary outdoor use involving five hundred (500) or more persons gathering together at any given time may be subject to a Large Outdoor Gathering Permit pursuant to Tustin City Code Sections 3241 through 3244 cd Prohibited Uses Any use that is not expressly permitted in a district as a permitted use or as a conditionally permitted use, including a use in a district determined to be similar in character to a particular use allowed in such district as provided in this Code, shall be deemed a prohibited use and such use shall not be allowed in such district. 31. Section 9271 a is hereby repealed as follows; 32. Section 9271 b is hereby amended as follows: b Public Utilities Ordinance No. 1429 — Exhibit I Page 154 Public utilities tf 11-111 for distribution of gas, water, electricity and telephone communications shall be allowed in all districts without limitation as to height or without obtaining a use-pemq4gonditional Use Permit thereof and the provisions of this Chapter shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines and electric transmission or telephone communication lines when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State of California and within rights-of-way, easements, franchise, or ownership of such public utilities. 2. Utilities to be Placed Underground urtenances and associated mounted transformers, qtqyt-q� Ordinance No. 1429 — Exhibit 1 Page 155 33. Section 9271d is hereby amended as follows: d Height Limits of Towers Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and other towers, water tanks, -steeples and similar structures and mechanical appurtenances are permitted in a district, height limits may be exceeded upon the securing of a Conditional Use Permit in each case. 34. Section 9271e is hereby amended as follows: e Public and Semi-Public Building Height Limit In any district with a height limit of less than seventy-five (75) feet, public and semi-public buildings, schools, Places of WorshipGhufc4es, hospitals and other institutions permitted in such district may be erected to a height exceeding that herein specified for such district, provided that the cubical contents of the building shall not exceed an area equal to the area of the site upon which it is constructed multiplied by the factor three (3), and provided that the front, rear and side yards shall be increased one (1) foot for each one (1) foot by which such building exceeds the height limit hereinbefore established for such district. 35. Section 9271f is hereby amended as follows: f Height Limit in "C" or "M" Zone Upon securing a Conditional Use Permit any building in any "C" or "M" District may be erected to a height exceeding that herein specified for such district, provided that the cubical contents of the building shall not exceed an area equal to the area of the site upon which it is to be constructed multiplied by the factor five (5). 36. Section 9271 i is hereby amended as follows: i Fences, Solid Hedges and Walls (1) Fences, solid hedges and walls may be erected in any district, subject to the following conditions: (a) Fences, solid hedges and walls shall not exceed six feet eight inches (6'8") in height on or within all rear and side property lines on interior lot lines, and on or to the rear of all front yard setback lines. Ordinance No. 1429 — Exhibit 1 Page 156 (b) No fence, solid hedge or wall over three (3) feet in height shall be erected in the required front yard setback. (c)n fences solid he es or wafts located in an re aired rear or side and abuttin the intersection of a street. ells or driveway shall fie sublect to the Intersection Site Distance re ufrements as determined b the Public Works De artment site distance standards. o ce h . waf er fee . tad -ire: (2) Walls shall be constructed and maintained on zone boundary lines as follows: (a) Where any "C ", "M", or "Pr" zone abuts upon any residential zone, there shall be constructed a solid masonry wall, six feet eight inches (6'8 ") in height on the zone boundary line. (b) Where any "R -3 ", "R -4 ", or "PD" zone abuts upon any R -1 zone, there shall be constructed a solid masonry wall six feet eight inches (6'8 ") in height on the zone boundary line. (c) Where any "M" zone abuts upon any "C" or "Pr" zone, there shall be constructed a solid masonry wall six feet eight inches (6'8 ") in height on the zone boundary line. (d) The aforesaid walls shall be six feet eight inches (6'8 ") in height except that portion of equal depth of the front yard on the abutting "R" classified property which shall be three (3) feet in height unless a greater height is approved in writing by the Planning Department. (e) Provided, however, the Community Development Director may waive or modify any wall requirements as specified in this Section where there is a Ordinance No. 1429 — Exhibit 1 Page 157 solid masonry wall existing immediately adjacent on the contiguous FISSION, property, upon finding and requiring that: i) An existing wall meets or can be modified to conform to the intent tlwlios� of this Section; and ii) Suitable landscaping can be installed adjacent to the existing wall to supplement and enhance the environmental buffering; and iii) Protection can be afforded the existing wall to prevent vehicle damage, if necessary; and iv) Concurrence of the adjacent property owner can be obtained, when necessary, to modify an existing wall to meet the requirements of this Section. (3) RFGvi-d, 1jowever,4hat upon application and proceedings pursuant to Section 9291, Conditional Use Permit, the Planning Commission may waive or modify the requirements set forth herein. (4) The fences, solid hedges and walls provided herein shall be measured and constructed pursuant to development standards of the Building Department. 37. Section 9271 n is hereby amended as follows: n Accessory Structures 1. Accessory structures attached to a main building shall be made structurally a part thereof, have a common roof with said main building and shall comply in all respects with the requirements of this Chapter applicable to the main building. 3-,2. Detached accessory structures, such as garages, carports, laundry and recreation buildings, may be constructed on the front one-half (1/2) of the lot, provided, however, that in any R-3 or R-4 District no garage, carport, or laundry building openings shall face an abutting street. 4-.3. The architectural style of all sides of accessory buildings shall be compatible with the architectural style of the main buildings. Detached accessory structures may have a zero-foot side and rear yard property line setback if abutting an adjoining structure on a separate lot with a zero-foot setback or if the abutting lot is unimproved. If an adjoining structure on a separate lot is constructed other than with a zero-foot property line setback, a minimum of three (3) feet shall be maintained between the structures. Ordinance No. 1429 — Exhibit 1 Page 158 �w 775. All accessory structures shall be located a minimum of twenty (20) feet from street rights -of -way; provided, however, that accessory structures abutting a State Highway, where no access is permitted, may have a zero -foot setback. 5. Detached accessory structures constructed within five (5) feet of any side or rear property line in an "R" District shall be enclosed by a solid wall on such side or sides; provided, however, that garages or carports facing an alley or an access easement, the right of use of which is dedicated to the subject property, need not be enclosed on such side or sides constructed within five (5) feet of a side or rear property line if the minimum backing space is twenty -five (25) feet from the carports or garages to the far side of the alley or access easement. 38. Section 9271s and 9271t are hereby repealed in their entirety. 39. Section 9271 u is hereby amended as follows: u Building Lines Building lines are as stated in this Section unless otherwise shown on Zone Map. No building shall be closer to a property line or to the center line of any street or highway than the building line applicable thereto LLJ o z cn LO 0 CL _ Mile -T LM CD Mile Ordinance No. 1429 - Exhibit 1 Page 160 Irvine Blvd. setback—Ten (10) feet from right-of-way line. 40. Section 9271w is hereby repealed. 41. Section 9271y(2) is hereby amended as follows: (2) Location: (a) Residential zones: A dish antenna installed at ground level in the rear yard and obscured from public right-of-way view is exempt from the requirement of a use­per 44i �Qond�itional Else Permit. If a useable signal cannot be obtained from a rear yard location, the dish antenna may be located in the side yard of the property or on a building roof subject to issuance of a Conditional uUse oPermit. (b) Nonresidential zones: A dish antenna located at ground level or on a building roof completely obscured from public right-of-way view is exempt from the requirement of a u-se--permitConditional Use Permit. Those antennas which cannot be obscured as determined by City staff are OMNI subject to issuance of a Conditional uUse peermit. 42. Section 9271 bb is hereby amended as follows: bb Rqqy�ql��Ve_nd��� An__912!��� �which �is c�ertffied �bt�heD�eartment of Resources umers and a s or rovides the refund valgo pgrg-tinn to Section 14572 of the Californig_ QeyqEqg���� era e containers intended to be Eg��ycled, r other device where a certified re o f �em r rovides the refund value for one or moEg_1ype§ Ordinance No. 1429 - Exhibit 1 Page 161 and es in a ro orti ion commensurate with their relative redem tion rates. and to meet the requirements of certification as a recycling facility. multiple grouping of Reverse Vending Machines may be necessar��.) ib Bulk Reverse en ino ac ine,s - n a I - — v ian 50 ivare feet, but less than 99g9999i&E locations occupying a Recline locations defined in this section shall be subiect to the following provisions: LI) Re�yGI44g-faGil r--rReverse vending machines: are-&ubject- ie-fo4owi-R9 PFGvisi�' (a) Established in conjunction with a supermarket or convenience zone Las defined in Section 9297) in compliance with the zoning, building and fire codes of the City of Tustin (b) Located within 30 feet of the entrance to the supermarket and shall not obstruct pedestrian or vehicular circulation (c) Does not occupy parking spaces required by the primary use (d) Occupies no more than 50 square feet of floor space per installation, including any protective enclosure (e) Maximum height: 8 feet Constructed and maintained with durable waterproof and rustproof material (g) Clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperable (h) Sign area shall be limited to a maximum of 4 square feet per machine, exclusive of operating instructions (i) Maintained in a clean, litter-free condition on a daily basis Operating hours shall be at least the operating hours of the supermarket (host use), but may be 24 hours (k) Illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn Ordinance No. 1429 — Exhibit 1 Page 162 (1) Outdoor storage of any kind is prohibited tZLRulk Reverse Vending Mach ines4Bufk4: afe-s4bjeGt4o4he4G4owing-pr-G�s- (a) Established in conjunction with an­&x4sting supermarket or convenience zones tgs defined in Section 9297} which is in compliance with the zoning, building and fire codes of the City of Tustin (b) No larger than 500 square feet and not occupying any parking spaces required by the primary use (c) Maximum height: 10 feet (d) Shall not obstruct pedestrian or vehicular circulation, and shall be located within 100 feet of the host use (e) Minimum setbacks: 10 feet from any property line (f) Accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Orange County Fire Authority and Health Department (g) No power-driven processing equipment except for reverse vending machines shall be used (h) Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule (i) All recyclable material shall be stored internally Maintained free of litter, pests, vermin and any other undesirable materials at all times (k) Not exceed exterior noise levels of 60 dBA (1) Containers for donation of materials shall be at least 75 feet from any property zoned or occupied for residential use and shall not operate between the hours of 12:00 a.m. and 6:00 a.m. (m) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers FIN (n) Bulk vending machines may have informational signs required by State law pursuant to Section 9272; other signs including directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director pursuant to Design Review Section Ordinance No. 1429 — Exhibit 1 Page 163 9272 if necessary to facilitate traffic circulation, or if the facility is not visible MINOR from the public right-of-way (o) Placement of the facility shall not require removal of existing landscaping a The facilit shah not abut a ro ert coned or fanned r residential use if in a free standina building outside store prohibited en all be those ,c elba k he covers e and land ere u isti t lands ca �mts g istrict unless it oc c� u s x s� rovi c s, or in - t lot _1 Bonin D c ie a�ne n ore Lded _ n the C onin front or building �i Site shall be maintained free of litters pests verrrr�in and any other undesirable materials at all times and shall be cleaned of loose debris on a daily basis e Exterior noise levels shall not exceed Q dE3A ka)fil Power-driven rocessinq, includ-in aluminum foil and can cornngnting g �D cc b n activities shall be 43. Section 9271 cc is hereby repealed in its entirety. 44. Section 9271 d is hereby amended as follows: dd Alcoholic beverage sales establishments Ordinance No. 1429 — Exhibit 1 Page (64 Subject to the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments and the following criteria: (1) Off -site - located in a building and permitted business with less than 15,000 square feet of gross floor area, and permitted businesses with more than 15,000 square feet of gross floor area where the off -site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance regulations: (a) 300 feet from any residentially zoned or used property; and 500 feet from any other existing off -site sales establishment; and 600 feet from any place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home; and 600 feet from any existing on -site sales establishments, except restaurant establishments (b) Minimum distances between off -site sales establishments and residentially zoned or used property, GhUFGhes, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public /customer access of the off -site sales establishment to the property line of any of the above uses (whether inside or outside the City boundaries) (c) Minimum distances between off -site sales establishment and another off- site or on -site sales establishment, except for restaurant establishments, (whether inside or outside the City boundaries) shall be computed by measuring the distance between the closest exterior structural walls of each use (d) Specialty stores as defined in Section 9297 of the Tustin City Code shall be exempt from minimum distance regulations (2) On -site - subject to the following minimum distance regulations (except for restaurant establishments): (a) 1,000 feet from any residentially zoned or used property; and 1,000 feet from any other existing on -site sales establishments, except for restaurant establishments or off -site sales establishments; and 1,000 feet from any c h place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home (b) Minimum distances between on -site sales establishments, except for restaurant establishments, and residentially zoned or used property, c4urGhes; places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the on -site establishment to the property line of any of the above uses (whether inside or outside the City boundaries) (c) Minimum distances between on -site sales establishments and another off -site or on -site sales establishment, except for restaurant Ordinance No. 1429 — Exhibit 1 Page 165 establishments, (whether inside or outside the City boundaries) shall be computed by measuring the distance between the closest exterior Bill structural walls of each use '11 45. Section 9271 ee is hereby amended as follows: ee Office Uses (1) Office developments within the Retail Commercial District (C-1), Central Commercial District (C-2), and Commercial General District (CG) shall be constructed to conform to the following criteria: (a) Parking standards for retail commercial uses on the first floor area of the building shall be subject to Part 6 Off-Street Parking requirements of the Zoning Code unless otherwise specifically exempted pursuant to an approved Conditional Use Permit. (b) Findings, including, but not limited to the following, shall be made by the Planning Commission prior to approving a Conditional Use Permit for construction of a building where greater than fifty (50) percent of the total floor area or any portion of the ground floor area is designated for use 9GGupanc.y by professional or general offices: Development or construction of professional or general office buildings would be more compatible with surrounding uses in the area than permitted retail commercial uses on the subject INNER N property. (c) Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total floor area is exempt from office development use criteria. (2) Professional and general offices fronting onto Main Street or El Camino Real and located within the Old Town Commercial General Plan land use designation are also subject to the approval of a Conditional Use Permit (pursuant to Section 9299b(3)(k)) and the following criteria for office development. (a) Professional and general offices proposed at the ground floor level or that are greater than fifty (50) percent of the total building floor area shall not be approved unless the approving authority finds, based on supporting documentation and evidence, that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. (b) Approval of professional and general office uses shall meet one (1) or more of the following criterion: Ordinance No. 1429 — Exhibit 1 Page (66 M i. The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office use pursuant to an approved pproved building permit. ii. The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. iii. The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. iv. The proposed use is to be located in a multi - tenant retail center and is ancillary but complementary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. V. The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. 46. Section 9271 ff is hereby added as follows: 47. Section 9271 gg is hereby added as follows: a. l iome Occu ation All home occu ations o eratin within the fit of Tustin are sub ect to the following provisions: Ordinance No. 1429 — Exhibit 1 Page 167 vi, No alteration of the residential appearance of the nr mises i or welfare of the vii, No alterations which negatively impact the health s i ' i M M g.eneral public, or which emits smoke, dust, fumes, odors, vibrations, fare or electrical disturbances onto an other remises j-,viii, No activit which generates ex edestrian traffic or vehicular traffic or arkina excess or that otherwise normally found in the zone ix. No arkin or use made of an vehicle over three- fourths ton Carr i in �ga acit 48. Section 9271 hh is hereby added as follows: hb—Light and Glare All otherwise exempted b I Ithe City of Tustin- 49. Section 9271 ii is hereby added as follows: Qevelopment Departmentj a minimum of sixi6linches above the t:,, ul ment and constructed in g • b Screenin element must a ear visual) rote rated with the architecture of the building. 50. Section 9272a(1) is hereby amended as follows: a Review Required (1) The City Council finds that poor quality in the exterior design, development and maintenance of structures, landscaping and general appearance affects the desirability of the neighborhood and the community as a whole, and impairs the Ordinance No. 1429 — Exhibit 1 Page 168 benefits of both potential and existing_ a,14Gyeses r- to the detriment of the public health, safety, comfort and general welfare. 51. Section 9272c is hereby amended as follows: c Conditions of Approval The Community Development Director shall approve the submitted plans if he finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Community Deveioprn� Director shall consider the following items: (1) Height, bulk and area of buildings. (2) Setbacks and site planning. - (3) Exterior materials and colors. (4) Type and pitch of roofs. - (5) Size and spacing of windows, doors and other openings MIN (6) Towers, chimneys, roof structures, flagpoles, radio and television antennas. NO (7) Landscaping, parking area design and traffic circulation- (8) Location, height and standards of exterior illumination- (94-0) Location and appearance of equipment located outside of an enclosed structure.. (1014) Location and method of refuse storage- (1142) Physical relationship of proposed structures to existing structures in the neighborhood. (121 -3) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. (13-1-4) Proposed signing. - (144 -5) Development guidelines and criteria as adopted by the City Council. - 52. Section 9272d is hereby amended as follows: d Procedures and Time Limits Ordinance No. 1429 – Exhibit 1 Page 169 (1) The Community Development Department shall review all applications for a use-perrnA—ConditionalUse Permit, variance and other proceedings subject to NINE public hearing before the Planning Commission, and shall render to the Planning Commission a report of its review, observations and recommendation prior to the date of such public hearing. (2) Pertinent information shall be furnished to the Community Development Department to enable review and evaluation of proposed developments. (3) The decision of the Community Development Director in matters of original jurisdiction and those referred to him by the Planning Commission or City Council shall be final, unless appealed in writing as herein provided. (4) Development shall commence within —one —L11 'earOf pp2Lovalek jhteen mug s, otherwise, a new evaluation and review shall be required prior to any s o development unless nlestherwise authorized b the . . . . . . . . . . y Communit, Deve,opment Director. 53. Section 9272g is hereby repealed in its entirety. 54. Section 9273(a) is hereby amended as follows: (a) Except as otherwise provided in this Section, a lawfully established structure or use may be continued although the particular structure or use does not conform to current applicable regulations for the district in which the particular structure is located or use is made; provided, however, no legal nonconforming structure or use of land may be extended to occupy a greater area of land or structure than is WIN legally authorized at the time the structure or use first becomes legal nonconforming. If any legal nonconforming structure or use is discontinued or abandoned, any subsequent use of such land or structure shall conform to the regulations specified for the district in which such land or structure is located. If no structural alterations are made therein, a legal nonconforming use may be changed to another use of the same or more restrictive classification upon the securing of a AConditional Use Permit. If the legal nonconforming use is replaced by a more restrictive legal nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any legal nonconforming use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of one (1) year, it shall be conclusively presumed that such use has been abandoned within the meaning of this Chapter, and all future uses shall comply with the regulations of the particular district in which the land or structure is located. 55. Section 9273(b)(6) is hereby amended as follows: (6) The owner or any other individual may, within twenty (20) calendar days of the mailing of the preliminary determination, request a hearing on the preliminary determination before the Zoning Administrator by submitting a written request identifying the preliminary determination, and submitting therewith a hearing fee in such amount as the City Council may establish by resolution. The hearing shall be set within thirty (30) calendar days and occur within ninety (90) calendar days of the receipt of the request for hearing, and notice of the hearing shall be mailed Ordinance No. 1429 — Exhibit I Page 170 at least ten (10) calendar days prior to the hearing to the owner and to any other individual(s) requesting the hearing. The owner and each individual requesting the hearing shall have the opportunity to present evidence and witnesses regarding the nonconforming status. The hearing may be continued from time to time by the Community ngypignment Director. Within thirty (30) calendar days of the conclusion of the hearing, the Community Deveiment Director shall send to the owner and any individual requesting the hearing a written final determination of conforming or nonconforming status that shall include a finding that the available evidence indicates the use and/or the structure is or is not legal nonconforming. If no hearing is timely requested, the preliminary determination shall be deemed final. 56. Section 9273(d) is hereby amended as follows: (d) A legal nonconforming structure, destroyed to the extent of more than fifty (50) percent of its replacement value at the time of its destruction by fire, explosion or other casualty or act of God, may be restored or used only in compliance with the regulations existing in the district wherein it is located, exce t 57. Section 9273(h) is hereby added as follows: (1) Part 9, Administration of this Chapter concerning application for and action on a use-pefri4itConditional Use Permit. 59. Section 9274e(4)(b) is hereby amended as follows: (b) In no event may rents be increased following approval of a tentative map or u-se pen:n#Conditional Use Permit without prior City Council approval by resolution or minute order. 60. Section 9275 is hereby amended as follows: 9275 REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS Shall conform to standards and ��ite develqpMq������ 4316 of the Tq���� Ordinance No. 1429 — Exhibit 1 Page 171 Fqf Ge,i4GGate���� IG e� Ordinance No. 1429 — Exhibit 1 Page 172 ISBN, �,-GGPvenieRtTeGY-G4pgaFe� Gek�s�d4Gad�p��Glab�e4als, MEMISMERM 'adequate -&epaFafi tenc - � sGaping- mate4afs, Ordinance No. 1429 — Exhibit 1 Page 173 EM IRWIN! 1 RON 1110 111 1 61, Section 9276b definition of "Building-mounted" is hereby amended as follows: "Building-mounted" means affixedmoupte-d to— the _&kle- a building or to apother--�� such as a water tank, billboard, GhurGh-steeple, freestanding sign, RUN etc. 62. Section 9276f(2)(a) is hereby amended as follows: (2) Site selection order of preference (a) Wireless communication facilities shall be located in the following order of preference: On existing structures such as buildings, communication towers, Ghw_. steeples, freestanding signs, and/or co-located on existing facilities. 2. In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. 3. On vacant ground without significant visual mitigation only in commercial and industrial zoning districts. 63. Section 9276j is hereby amended as follows: Monitoring Program Each wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be reviewed by the Community Development Director at the end of five (5) years and/or at annual intervals thereafter from the date of design Ordinance No. 1429 — Exhibit 1 Page 174 review and/or conditional use permit approval. The Community Development Director ,01 may defer this review to the Planning Commission on a case-by-case basis. The Director or Planning Commission, as applicable, may recommend a condition of approval to the Planning Commission or the City Council, respectively, to modify existing conditions or impose new conditions as part of this review to protect the public health, safety, community aesthetics and general welfare, which condition shall be subject to the approval of the City Council. 64. Section 9276k is hereby amended as follows: k Conditional Use Permit Expiration Each major wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be approved for a period not to exceed the term of the lease with the property owner, including any extension thereof, for the major wireless communication facility. A recorded memorandum of lease setting forth the term of the lease shall be submitted to the Communitv npvpin ment Director prior to the issuance of a building permit for the major wireless communication facility. If the lease is extended or terminated, the operator of the wireless communication facility shall provide notice and evidence thereof in writing to the Community Development Director no later than five (5) days prior to the extension or termination of the lease. Upon termination or expiration of the lease, the c Ws"efra4Conditional Use Permit for the facility shall become null and void and the facility removed stir 65. Section 9290 is hereby amended as follows: 9290 ZONING PERMITS No building permit shall be issued until the zoning permit portion thereof has been completed by the Community Development Director 66. Section 9291 is hereby amended as follows: 9291 CONDITIONAL USE PERMITS a General Conditional Use Permits may be issued as provided in this Section for any of the uses or purposes for which such permits are required or permitted by the terms of this Chapter upon conditions designated by the Zr�r�in Administrator or HN the Planning Commission. Theoninct Administrator or the Planning- Commission may impose such conditions as it deems necessary to secure the purposes of this 101 Chapter and may require tangible guarantees or evidence that such conditions are Ordinance No. 1429 — Exhibit 1 Page 175 being or will be complied with. Applications for tConditional Use Permits WHOM may be considered after holding public hearings thereon, as required by law. Notice of such hearings shall be given to the persons designated and in the manner prescribed in Section 94-969296b. b Application Application for use-pefm4Qonditional Use Permits shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee, with the consent of the owners, or plaintiff in an action for eminent domain for acquisition of said property, on a form prescribed by the Planning Commission. The application shall be accompanied by a fee as set forth by �Coun�ciiRe�solutionof-4ne b -and plans showing the details of the proposed use to be made of the land or building. c Decision of the Zoning Administrator or the Planning Commission Upon receipt of the application for Conditional uUse oPermit, the ZpD±ng Administrator or Planning Commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. If the Commission finds that the aforementioned conditions will not result from the particular use applied for, it shall grant the use- pen 4Qonditional Use Permit. The granting of a u- � Qonditional Use Permit applied for by the plaintiff in an action in eminent domain to acquire the property shall be conditioned upon ultimate vesting of title of the property to the plaintiff. 67. Section 9292b is hereby amended as follows: b Use Variances Not Allowed The use of lands or buildings not in conformity with the regulations or in the specified district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the terms of this Chapter. 68. Section 9293 is hereby amended as follows: 9293 PERMITS a Effective Date of a Permit No us-e-wm# Conditional Use Permit or permit granting a variance shall have any force or effect until the applicant thereof actually receives such permit designating the conditions of its issue thereon and signed by the Secretary of the Planning Commission, 11-11 No permit shall be issued by I the City until the time for filing an appeal from decisions of the Planning Commission or III- E-11 #rdinance No. 1429 Exhibit 11a•e 176 Bonin Adminis as provided in Section 9294 hereof has expired, or, in the trator Film min event of such appeal, after the final determination thereof by the City Council. US-50 b Length of Permits Any se- p�!Zonditional Use Permit or variance granted in accordance with the terms of this chapter shall be null and void if not used within one (1) year from the date of the approval thereof or within any longer period of time if so designated by the oning Administrator Planning Commission or the City Council. c Revocation of Permits Any *tConditional Use Permit or variance granted in accordance with the terms of this chapter may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated or if the following findings are made: (1) In connection with use m itConditional Use Permits: The continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. (2) In connection with variances KNEW, terms of this chapter would and welfare. d Hearing for Revocation of Permits Continued relief from the strict application of the be contrary to the public interest, safety, health Before the Cit Council considers revocation of any permit, the Planning Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its findings and its recommendations on the revocation to the City Council. e Subsequent Applications For a period of one (1) year following the approval, denial or revocation of a discretionary land use permit, no application for the same or substantially similar discretionary permit for the same site shall be filed. f Modification of Conditions of Approval No request for modifications of any condition of approval relating to any fee, exaction or dedication of real property imposed on any land use permit or approval shall be accepted after the final decision on the land use permit or approval unless accompanied by a significant change in the size or intensity of the proposed project. 69. Section 9296 is hereby amended as follows: 9296 NOTICES OF HEARING Ordinance No. 1429 — Exhibit 1 Page 177 a nPublic Hearin(] Whenever this Chapter prescribes that a public hearing shall be held on the discretionary application fGr--_such as but not limited to variance or amendments to this Chapter, notice thereof shall be given as provided in this Section. b Notice of Hearing Notices of the public hearings on applications for Conditional Use Permit, use variance, appeals and amendments to this Chapter changing the boundaries of any district shall be given by the body conducting such hearings in the manner prescribed by Sections 65090 or 65091&5-500 and 65854 of the Government Code of the State of California. dc Notice of Hearing: Special Hearings Notices of public hearings on matters other than as specified in Subsection "b" hereof shall be given by the body conducting such hearing by publication in a newspaper of general circulation in the City of Tustin, at least ten (10) days before the hearing. ed Notice of Hearing: Failure to Post Notices Failure to mail or post notices as specified in Subsection "b" hereof shall VON not invalidate any proceedings. VIIIII fe Notice of Hearing: Filing of Affidavit Upon completion of the posting or mailing of the notices provided for in Subsection "b" and publication of notices as provided in Subsections "b" and "c" hereof, the City Clerk, if the hearing is held by the Planning Commission, or if the hearing is held by the City Council shall cause an affidavit of such mailing or publication to be filed in the permanent records of the particular proceedings to which such notices pertain. 70. Section 9297 the following definitions are hereby amended or added as follows: "Convenience Zone" means the area within a 1/2 mile radius of a finitions based on CAL. PRC. qQPj � 14526.5. _. Identified in the PrqgErg��ssive Q�rocer �Markgtin�� A "full-line" store that sells a line of ft iroceries. canned oo s. • non-food items 3nd_perishable items. Ordinance No. 1429 — Exhibit 1 Page 178 "Delicatessen" means a small market or deli se €lin read -to -eat foods, includin but not €ietited to cold cooked meats, sandwiches and salads, "Dwelling" means a building or portion thereof designed for residential use oc,cupaps-y. "Frontage or Fronting" means the portion of a parse€ which abuts a street LtbLgLA�9L "Guest Quarters" means an attached or detached buildin or room that contains no kitchen qLg qokin facilities subordinate and incidental to the rind inle residence on the same building site: and n is direct or indirect, approx4 r-alle,l-,&tFeets-, "Lot Types" means types of €ots that include the following {fee Figure 5- J,--L�T Tykes: 1. Corner lot. A lot located at the intersection of two or more streets 17 where the intersect at an interior an le of not 1-11111 e than 135 d degrees the lot is considered an interior lot. ISBN Ordinance No. 1429 — Exhibit 1 Page 179 2. Double-frontage lot, A "throe h" lot with fronta e on two enerall RgEqtlel streets. 3 Ala lot. A lot havin access to a ublic street means of rivate right- of -way strip that must be owned in fee. now MMMAMM am MEMMUMN 5, Reverse corner lot. A corner lot in which the corner lot line is �-u—bstanti I a continuation of th� —front r o,l i line of the first lot to its rear. ELqire �, t.tes IM Double Frontage Lot Corner Lot Reverse Corner Lot Corner Lot I Interior Lot "Places of ture that is used to • g1l• vo �hon®rpr dqtio�n. "Recycling Center W" is a center for the collection of recyclable materials. tfee section 9271 bb for rec c in center classifications ). —rte �-4leF&—G� al 011% M, Ordinance No. 1429— Exhibit 1 Page 180 "Service Station" means an iCh provides for the servicing Of motor vehicles and operations incidental Uler8tO. limited to the retail sale Of petnD|eVOl pRJdU{tS and 8Ub]DlotiVe accessories; 8VbJrOObi|e 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; |Ub[iC8iioD Of motor vehicles; brake servicing limited t0 servicing and replacement of brake cylinders and brake shoes; wheel balancing; the tesdnQ, adiuetrneOt, and nep|8oerneDt of oarburetors, ooi|s, oondeneers, distributor oaps, fan behe, fi|tere, generators, pVinto, nJtono' spark plugo, voltage regu|atoro, water and fuel pumps, water hoses and wiring. "Second Residential Unit" means a building or portion thereof designed for residential useGGGupaPGy DD a lot developed with g legal conforming single- family Ordinance No. 1429 — Exhibit 1 Page 181 t GGqta�-a4iw pa-y G"-94! am m 71. Section 9298 is hereby amended as follows: 9298 INTERPRETATION AND ENFORCEMENT a Continuity of Law Except as specifically provided herein, this chapter shall not be interpreted to repeal, abrogate, annul or in any way affect any existing provision of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided however, in any instances where this chapter imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings or the use of any building or structure that is imposed or required by an existing law, ordinance or regulation, the provisions of this chapter shall control. C interpretation Ordinance No. 1429 — Exhibit 1 Page 182 If any ambiguity arises concerning the appropriate provisions of the cha ter the Director of Communit Develo ment shall make are inter retation or the Planning Commission shall ascertain all pertinent facts and make an interpretation based on its findings and thereafter such interpretation shall overn Gd 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. de 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 M penalties provided in this chapter or any other law or ordinance. of Appeals Any person may appeal any decision of the Director of Community Development in accordance with Section 9294 of this Code. f --Consistency With All Laws Notwithstanding any provision of this Code to the contrary, any use, entitlement, authorization, license, or permit allowed or issued under this Code, including without limitation any accessory or ancillary use, shall be consistent with applicable state and federal law. Any use or activity that is illegal under local, state, or federal law shall be deemed a prohibited use in all districts within the City. 72. Section 9299b is hereby amended as follows: b Duties The Community Development Director, or his /her designee, acting as the Zoning Administrator, shall have dual responsibility with that of the Planning Commission to hear and decide in accordance with Council policy and provisions ,j of this chapter, and has the authority to approve, conditionally approve or deny the following requests when such requests constitute a reasonable use of property not Ordinance No. 1429 — Exhibit 1 Page 183 permissible under a strict literal interpretation of the regulations. The Zoning ((;-rI- III- 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. I (d) An increase of not more than ten (10) percent of the permitted projection of gwa 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. _A decrease in the number of required off-street parking spaces for residential land uses by a maximum of one (1) parking space. When a second residential unit is being added under the provisions of Section 9222 or 9223, parking shall be in accordance with the requirements of those sections. t of the -maximum sign area allgAgA, per zor�ing_requlations. Ordinance No. 1429 — Exhibit 1 Page 184 (2) Variances when required by the City Code: (a) A decrease of not more than ten (10) percent of an individual required building site area. (b) An increase of not more than twenty (20) percent of the permitted projection of steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry chimneys, raised porches and fireplaces into any required building setback. (3) Conditional Use Permits when required by the city Code: (a) Dish antennas. (b) Bulk Reverse vending machines. conducted within view from niihlir qghLqf- way, ¢c)L(Ll-arge recycling locations OejOn- premises dry cleaning. WfLMinor CUPs for existing development where there would be no change of gyp. _primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. { %q)_On-site alcoholic beverage sales license for restaurants. LW _Secondhand sales when pawning is not included. kg� aiDevelopment or construction of new buildings in the Commercial General (CG) or Industrial (M) Districts where more than fifty (50) percent of the total area, or any portion of the ground floor, is designated for use -by professional or general offices. (-144�Accessory buildings used as guest _quarters -fo-en4s. Ordinance No. 1429 — Exhibit 1 Page 185 {j}} Lk LTemporary uses for a period of more than up-to one 11 ear6446�44-7��. L _ y__ {k4 L!Drofessional and general offices fronting onto Main Street and El Camino Real and located within the Old Town Commercial General land use designation. (4) Specified development applications: (a) Soil remediation activities, subject to the same findings as required for a conditional use permit. (b) Time extensions of not more than twelve (12) months from the original expiration date for minor adjustments, conditional use permits, variances, design reviews, subdivisions and other development applications, subject to the same noticing requirements that were given at the time the project was originally approved. (c) Except where design review is required by the planning commission pursuant to an adopted specific plan, (a) design review applications within redevelopment project areas; (b) minor design reviews within redevelopment project areas which include modifications to existing structures and/or existing facade or site modifications which constitute a change in three (3) or less major design elements which do not result in a IBM," completed facade upgrade; (c) single-family homes not part of a subdivision, (d) residential room additions and (e) new or modified accessory structures associated with existing development. (d) Amendment to conditions of approval established by planning–atgDDigg oGmmissio_�Commission or o4y—Qity_Gou­n-G Qoun�cil- Condition amendments that are determined by the Community Development Director to be minor in nature and will not alter the original intent of the project or site. Examples would include changes to exterior materials, colors, elevations, landscaping, walls/fences and hours of operation. 111. Article 9 Chapter 4 of the Tustin City Code is hereby amended as follows: 1. Section 9402 the following definition is hereby added: "Flat Roof' means a roof as to drain rainwater. 2. Section 9404a1(p) is hereby amended as follows: (p) Roof-top signs e or lo o on a flat roof • not to be seen from a roof line and a • 9403h or 9404b& ATTACHMENT 2 Agenda Report for March 12, 2013 Attachments have been withheld to reduce redundancy of the different Resolution and Code Amendment versions Maine ITEM # 2 MEETING DATE: MARCH 12, 2013 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 13-001, ZONING CODE UPDATE (DRAFT ORDINANCE NO. 1429) SUMMARY: Code Amendment 13-001 (CA 13-001) proposes the incorporation of text amendments to the Articles 4 and 9 of the Tustin City Code (TCC). The incorporation of text amendments into the Zoning Code will ensure that it will be internally consistent, consistent with the requirements of California State Law by incorporating legal updates, and consistent with the Tustin General Plan. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4210 recommending that the Tustin City Council adopt a Negative Declaration and approve Code Amendment 13- 001 (CA 13-001) by adopting Ordinance No. 1429 to amend Article 4 and Article 9 of the Tustin City Code. For the last 15 years, the Planning Commission and the Community Development Department have been amending the Zoning Code to modernize and keep the associated land use provisions current. This update would bring the code closer to a modern format with tables and figures added. As with all codes, the Community Development Department staff will routinely and periodically prepare amendments to the City's zoning and development regulations to ensure it remains up to date. At the regular meeting of February 26, 2013, staff provided draft Ordinance No. 1429 and Code Amendment 13-001 and the existing Tustin City Code (Sections to be amended) in a transmittal document for Planning Commission and public review. At that time, a brief presentation was provided to outline the proposed amendments and provide information on how to use the reference documents for review. Planning Commission Report CA 13-001 Public Hearing March 12, 2013 Page 2 ANALYSIS: The goal of the proposed code amendment is to ensure consistency with the objectives, policies, and general plan land use programs specified in the Tustin General Plan for the City of Tustin. Specifically, Code Amendment 13-001 will provide updates consistent with state law and will help to organize the code using an updated format. In general, code amendments being Proposed include the following: Add Sections 9220, 9230, and 9240 to incorporate existing site development standards for the residential, commercial and industrial districts into one location and consolidate the site development standards of all uses within each district Provide updated terminology for individual uses (i.e. "churches" are termed "places of worship") • Alphabetize listed uses F07111- • Provide updated definitions and standards to reflect changes with California 0 State Law (i.e. Recycling Centers as set forth in TCC 9271 bb were organized and clarified for consistency with State law) • Incorporate Policy practice into the Zoning Code (i.e. guest quarters will be subject to a recorded deed restriction) Incorporate standards for open space for high density housing (i.e. The Multiple Family Residential District will require minimum common and The open space) • Eliminate repetitiveness by organizing similar requirements into a single code section (i.e. multiple family dwelling reconstruction/replacement moved to non- confirming uses section) • Incorporate uses that are permitted (i.e. massage establishments are required by State law to be permitted where similar service uses are permitted) • Incorporate use determinations (i.e. tutoring facilities are permitted in the Pr District) • Capitalize the term "Conditional Use Permit" throughout • Incorporate code requirements that were unintentionally removed in prior code amendments (i.e. underground utilities requirement was inadvertently removed in a recent Building Code update) Planning Commission Report CA 13-001 Public Hearing March 12, 2013 Page 3 • Incorporate zoning requirements found elsewhere in the Tustin City Code into the Zoning Code and relocate portions not intended for the Zoning Code (i.e. incorporate home occupation requirements and move recycling requirements to the Solid Waste section of the Tustin City Code) • Clarify and incorporate the title Community Development Director where appropriate (i.e. Zoning Permits are approved by the Community Development Director, not the Building Official) • Provide updates to terms in the definitions and include illustrative figures where appropriate (i.e. Figure 5-3 added to support terms such as "reverse corner lot") • Include terminology previously covered in the City's Alcoholic Beverage Guidelines (i.e. micro-winery, a use similar to micro-brewery, is defined) Clarify and add duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions (i.e. minor adjustment is permitted with approval from the ZA for an increase of up to 10% in sign area) If adopted, Code Amendment 13-001 would ensure consistency and conformance throughout the document and with the objectives, policies of the City's General Plan. Code Amendment 13-001 complies with the General Plan, including the following goals and policies: LU Goal 1: Provide for a well balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. LU Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. LU Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints and the City's unique characteristics and resources. LU Goal 4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses; IN INS I Planning Commission Report CA 13-001 Public Hearing March 12, 2013 Page 4 ENVIRONMENTAL ANALYSIS The proposed code amendment is considered a "project" subject to the California Environmental Quality Act ("CEQK) pursuant to Public Resources Code Section 21000 et al. City staff has prepared an Initial Study which was available for public review from February 20, 2013, through March 12, 2013. The City Council will consider the Draft Negative Declaration at the public hearing. A public notice was published in the Tustin News on February 7, 2013, informing the public of the public hearing for Proposed Code Amendment 13-001. Comments were received at the February 26, 2013, Planning Commission and will be addressed at the public hearing on March 12, 2013. Amy Stonth, AICP Elizabeth A. Binsack Senior Planner Director of Community Development Attachments: 1 PC Resolution No. 4210 Exhibit A Initial Study and Draft Negative Declaration Exhibit B Draft Code Amendment NINE ATTACHMENT 3 Im F� '�z'i raze Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 March 12, 2013 City of Tustin Attn: Honorable Planning Commission Chair and Planning Commissioners Honorable Mayor and Councilmernbers Community Development Staff 300 Centennial Way Tustin, CA 92780 SUBJECT: DRAFT CODE AMENDMENT 13 -001, DRAFT ZONING CODE UPDATE (DRAFT ORDINANCE NO. 1429) Dear City Officials, Tliank you for your service to your constituents and to your time and consideration of the subject matter. I am providing the below comments for your careful consideration with regard to the City's draft code amendment. Although all the comments are important, please specifically make careful review of Comment 21. Staff Report Comments: 1. Staff report, Page 2 — Incorporation of Use Determinations into the code may not be meeting the CEQA level of analysis conducted in the project Negative Declaration. An explanation follows in the comments herein. 2. Staff report, Page 3 — The General Plan consistency statements may not be met depending on the intent of some code additions proposed. An explanation follows in the comments herein, Resolution Comments: 3. Resolution 4210, Recital 1. A. —The staff report state. the purpose of the code update is much more than stated in the recital. The full purpose should be stated in Recital A. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 MOM 4. Resolution 4210, Recital I. G. —The code amendment was made available to the Planning 10 Commission and the public. It was also heard and discussed by the Planning Commission. However, in violation of the Brown Act (§54954.3(a).), the matter was not fully allowed to be discussed by the public. This topic was on the agenda Linder regular business for the February 26, Planning Commission meeting. The fact that the agenda stated "Public Hearings: None" does not mean the public was not allowed to speak under the Brown Act. I put in a speaker card and was not allowed to finish my comments, and was asked to put my comments in writing just at the time I brought up my concerns regarding assembly uses and party facilities. This is my written demand to have the Planning Commission correct the violation of the Brown Act. A copy of Brown Act provided for staff and the Commission's review. I encourage the City excerpt pages are provi tl Attorney to provide guidance to staff on this issue for rectifying action by the, Commission. 5. Resolution 4210, Recital 11. - The General Plan consistency statements may not be met depending on the intent of some code additions proposed. An explanation follows in the comments herein. Negative Declaration Comments: 6. Cultural Resources, Threshold A analysis If "assembly uses" as proposed by the code S update are allowed, uses such as the Wilcox Manor party facility could be allowed throughout the City if the Wilcox Manor applicant attorney contention is agreed upon by the Community Development Director or, the Director could incorrectly ascertain that such "assembly uses" may be pursued via a Conditional Use Permit. Furthermore, elimination of the Temporary Use Permit process for such party facility uses in residential zone could show staff intent to allow "assembly uses" by right or by another non-codified policy. Proliferation of such uses could have an impact on cultural resources. 7. Hydrology and Water Quality, Threshold VII j) - If "assembly uses" as proposed by the code update are allowed, uses such as the Wilcox Manor party facility could be allowed throughout the City if the Wilcox Manor applicant attorney contention is bought into by the Community Development Director or, the Director could incorrectly ascertain that such "assembly uses" may be pursued via a Conditional Use Permit. A proliferation of uses such as Wilcox Manor with outdoor dining events and unspecified waste removal could cause substantial additional sources of pollution. 8. Land Use and Planning, Threshold IX a) and b) - If "assembly uses" as proposed by the code update are allowed, uses such as the Wilcox Manor party facility could be allowed throughout the City if the Wilcox Manor applicant attorney contention is bought into by the Community Development Director or, the Director could incorrectly ascertain that such "assembly uses" may be pursued via a Conditional Use Permit. A proliferation of Chod()rt|ieb 195 S. Myrtle Ave Tustin, CAP2780 MEMO uses. Stich as Wilcox Manor, with outdoor dining cveo(a and unspecified waste removal could cause division of establish communities by the introduction ofcommercial '.assembly uses." Stich uses would beiu conflict with the General Plan goals and policies stated in the staff report and resolution because there would not bca balanced land use pattern, sound planning, compatible development with surrounding uses, or a healthy community. Elimination of the T[}9process for residential zones would further contribute io non-accomplishment of the General Plan Goals and Policies. 9. Noise, Threshold X n\, C\ and, d) — Noiuc from "assembly uoea" and, per proposed section 0270b(3)(c),could cause live entertainment tubc allowed ouuoalmost unlimited basis. No evidence has been provided that noise cxccedeoceo would not bc created, that ambient noise increased would not result or, that substantial temporary or periodic increases to ambient noise /evc/a in the vicinity of "assembly uses" with musical entertainment would occur. Rather, a reasonable argument exists that auchnon-nnitiguted ioopuc1u would occur. ]O. Public Services, Threshold J<lT o)— Allowance of"assembly uses" could cause tile need for additional code enforcement, police, and fire responses t0 Stich events. Per proposed section 9270 b(3)(c), almost unlimited live entertainment with assembly uses could also c000c o strain oil existing public services, /|.7`r8n3poriotioo/Iraffic, Threshold }{\/|i— Allowance of "assembly uses" could cause strain 0u public parking for such widely dufined events. 12. Mandatory Findings of Significance, Threshold XVII c) — A proliferation of "assembly uses" with unrestricted musical entertainment could have citywide cumulative impact Draft Ordinance No. 1429 Comments: /l. Recital 1. /\.— same oo comment 3. l4. Recital [C.— the -'--`�~~ may not bcminor pertaining "assembly uses" pertaining og to proposed section 9270 b(3)(c). 15. Recital l, D. — same oo comment 5. 16. Recital 1. L — The Negative Declaration appears inadequate based on at least comments 6-12. l7. Page l, Section 43l6 b — Wkvore the code definitions provided iu this section? |s there u definitions section nf the code that would be more approprietcY 18. l/uciouu Pages, Sections 9221 a) and b\, g227a)and b), q27� m\ and b), 9225 a) and b), 9226 n] and b\, 9228 a) and b\, 9231 n) and c), 9732 a\ and b\, 4233 a) and b), 9235 bl and o),924|n) and b\9242a) and h\,9224f\ ' The code states that the uses ".....vvx} be allowed subject to the development standards..." /\ more appropriate a(a1ocoeot would be to say that any expansion 0f the uses or new construction would be allowed subject to the development standards and that any legal nonconforming uses or 3iruciD(eu oh//1 be 19 20 21 Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 allowed to remain subject to the nonconformities section of the code. As the code exists and/or proposed. it implies that nonconforming uses or structures may not be expanded because they can't comply with existing development standards. The implications alone on hampering commercial and industrial growth in the City merit the recommended changes. Page 14, Section 9223b5.1. — Section 9229 does not exist under a header "9229 ". Pages 31 and 32 - The code update intends to allow the following uses as permitted by right in the C -1 zones and higher. Secondhand sales without pawn, instructional studios and, pet grooming. The code update intends to allow the following uses as Conditionally Permitted in the C -1 zones and higher: Assembly Uses, Car Wash, Drive -thru Facilities, Large Recycling Locations, Places of Worship and, Public schools & uses (what uses ?), private schools. Staff needs to outline which of the uses are implement as clarification/modernization, which uses are added per state law, and which uses are being implemented by policy /past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment ofpolicy /practice and then determine if such uses were truly addressed in the code update Negative Declaration. Some uses could have impacts with a formal code adoption, specifically the broadly defined "assembly uses" With specific regard to the proposed "Assembly uses" on page 33 and newly defined BONN "Places of Assembly" on page 80, please note that at the January 15, 2013 City Council meeting the Wilcox Manor (CUP 2012 -10) applicant attorney verbally provided an example that Wilcox Manor gathering would be similar to his rotary club meeting which results in less than 49 people so it is not an "assembly" subject to permitting. Furthermore, on page 9 of the October 9, 2012 Planning Commission staff report for CUP 2012 -10, staff calls the Wilcox Manor party facility use an "assembly use." Page 10 of the October 9`' staff report calls churches, schools, parks, and playgrounds "other assembly uses." Page 10 of the November 6, 2012 City Council staff report for CUP 2012 -10 makes the same "assembly use" statements. The mentioning of "assembly uses" for the Wilcox Manor by staff and the Wilcox Manor applicant attorney beg the question of if the applicant attorney has been working with staff in the draft of this new use and if so, is there intent to cause a future Community Development Director determination that assembly uses under a certain threshold (50 persons) don't require any City land use regulation? This implication needs to be sidelined and agendized as a separate discussion. "Assembly uses" should not be a use considered for addition to the new code nor should the definition of "Places of Assembly ". As stated in this comment letter, such a use has not been reviewed in the Negative Declaration, would likely have significant impacts without mitigation, and would not meet General Plan Goals and Policies for the �h reasons stated within this letter. s Chad Ortlieb 1.95 S. Myrtle Ave Tustin, CA 92780 I ME 22. Pages 36 and -7 - The code update intends to allow "Dental /medical Lab" by right in the C -2 zones and higher. The code update intends to allow Karaoke music studio as a Conditionally Permitted Use in the C -2 zones and higher. Staff needs to outline which of the uses are implement as clarification/modernization, which uses are added per state law, and which uses are being implemented by policy /past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy /practice and then determine if such uses were truly addressed in the code update Negative Declaration. Some uses could have impacts with a formal code adoption, specifically the broadly defined "assembly uses" 23. Page 37 — Note that "Party facilities including birthday party business" is listed here and here alone in the C -2 district as a Conditionally Permitted Use. Any attempt to implement an "assembly uses" use needs to carefully differentiate between party facilities. Furthermore, staff should be required to provide a written analysis of why "assembly uses" are being added. 24. Page 37, section 9234 — This C3 zone does not exist on the City zoning map. It should be eliminated from the code. No changes to this section are merited; it needs to be deleted in entirety. 25. Pages 45 and 46 - The code update intends to allow the following uses as permitted by right in the PM zone and greater: Bulk merchandise sales and Delicatessens. The code update intends to allow offices greater than 50 percent GFA as Conditionally Permitted in the PM zone and greater. Staff needs to outline which of the uses are implement as clarification /modernization, which uses are added per state law, and which uses are being implemented by policy /past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy /practice and then determine if such uses were truly addressed in the code update Negative Declaration. 26, Pages 47 and 48 - The code update intends to allow sexually oriented businesses as permitted by right in the M zone. The code update intends to allow Indoor Kennels and Animal Boarding Facilities and Places of worship and assembly uses as Conditionally Permitted in the M zone. Staff needs to outline which of the uses are implement as clarification/modernization, which uses are added per state law, and which uses are being implemented by policy /past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy /practice and then determine if such uses were truly addressed in the code update Negative Declaration. Also, why do places of worship also include assembly uses in the use title? The reason for both clauses should be explained in writing. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 NMI 7. Page 51, Section 9270 a — The interpretation section of the code should not be deleted. If it is deleted, there is no specificity as to who is left with the authority to determine code ambiguity and the appeal process is jeopardized. tn 28. Page 52, Section 9270b(3)(e) —The code section should remain as is without any addition. The reference to Article 3 of the TCC would allow live entertainment to occur on an almost unlimited basis for any non-profit event. The addition of the section would cause a need to assess the noise impact implications citywide. There would be significant noise impacts that the Negative Declaration did not assess. Adding the proposed language could cirCL]mvcnt the Wilcox Manor CUP process when combined with the assembly use" definitions and use. 29. Page 53, "Approval of Temporary Uses"- The proposed new language would relate only to businesses and would exclude residential uses. The language should envision the possibility of business and commercial or quasi-commercial land uses in residential zones. The modified language hints at eliminating future permitting options for party facilities such as Wilcox Manor. 30. Page 54, "Utilities to be Placed Underground" — While I understand that this section is already adopted, it should be noted and disclosed to the public that the implication of enforcement will change the character of Old Town Tustin once multiple nexuses linked -7 - ME for new floor area will gradually cause traditional overhead infrastructure to be undergrounded. 31. 1. Page 56, Section 9271 i(l)(c) — The code update allows the Public Works Department to determine site distance standards. The update should define the standards rather than leaving the judgment to the whim of whatever staff member decides on any given day, 32. Page 57, Section 9271n2. —The distance separation for detached accessory structures is being eliminated. This is more than a matter of policy and it has broad reaching implications citywide. The deletion of the requirement will have cumulatively considerable significant impacts on land use, fire hazard prevention, safety response, aesthetics, and sound land use planning. The impacts were not analyzed in the Negative Declaration. This section should not be deleted. 33. Page 67, Section 6271 ff — This section limits outdoor storage by requiring it to be within a building. Addition of this code hampers the City's competitive edge against other cities that allow some business, mostly industrial, to have screened Outdoor storage. The addition should be rethought. Furthermore, a definition for eating establishment should be placed in the code if it does not already exist. 34. Page 68, Section 9271hh(a)- Impacts from light pollution need to be quantified with a measurable unit and glare needs to be defined. 35. Page 68, Section 9271 ii — Rooftop screening as a mandatory requirement as proposed is a nice thought in theory but difficult to enforce when business cry foul due to costs and delays. Often times the screening is no better than the exposed units and often times the Chad artlieb 195 S. Myrtle Ave Tustin, CA 92780 units are not readily visible. The code should allow for an appeal of the requirement and/or offer staff some discretion. 36. Page 70, Section 9272d(4) — Who is the entity that would be "otherwise authorized "? A code reference to a process should be provided. 37. Page 75, Section 9291a — The limits of the Zoning Administrator should be referred to by code section. 38. Page 79, New Definitions — Some definitions appear to be more than state law or policy based. Staff should disclose which category from the staff report the definitions are being added for. 39. Page 80, "Places of Assembly" -- See comment 21. 40, Page 82, "Micro- winery" — Why is the definition needed? The California Department of Alcoholic Beverage Control likely has all the types of alcohol dispensing use definitions. Those definitions should be referred to. Does the definition apply to tasting parties where the site owner owns a winery off -site? 41. Page 82, Section 9298 b — The "Criteria for Use Determination" should have a lead in statement that states "As authorized by Tustin City Code Sections...." [insert sections here] 42. Page 83, Section 9298c — The section should read "If any ambiguity arises concerning the appropriate provisions of the chapter, the Director of Community Development shall ME make and interpretation or, on appeal and /or by review authority under an entitlement under Planning Commission or City Council jurisdiction, the Planning Commission or City Council shall ascertain all pertinent facts and make an interpretation by resolution with findings and thereafter such interpretation shall govern." 43. Page 8' ), Section 9299b -- A header of 9299 is needed. 44. Page 85, Under Business operations — "conducted within view" would benefit from providing more parameters. Thank you for your consideration of the above. 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V) .0 >� 0 m CL Cr >� 4- CL a) (A w u ai C: 4- a) -a U c ai aj 0 w w E F, c (u " a a c E>:l -0 u (u (N ai " a ml 0 X CL :3 c UCOL- QJ 7�� CU 0 ._ 0) -M�u u m 3: W+,,, -ow 0 0 "j E u +1 Ln C ai z w . 4� -C M 4� -C a) , " 0 0 C C 'F c -Z u C E 0 aj c — a) V, m cu X u 0 0 0 w m Lu m C) .- 0 C) C 41 > U r- M 2 u E 4- 0 'r- E m rZj - o 'A c , 0 :3 CL a E c: 0 aj Q) 0 — m (A m a, ao u C 4- 0 V) 4� I- — = W 4� n w w 0 .2 aj C > CL C: to a 0 c a -0 V, a) Q) 0 0 a) M E m c: +� C' -C > U cL -0 a) c V) LU 0 c u 0 a) 0 0 ai N 0 " 0 c CL N 0 m m 0 Ln N C U CL V) (n u a) a) 0 cu (U c V) C: m Qj ::z (A u 0 a z (U M 0 0 a) 00 aj = c Vi E - 'u; CU M Cl -C (v E (u :3 V) Qj 0 m 7;5 IU m 0- '0 (v m CL M a) +� o_ Ct oj 4�, 0 76 (u 0--a m r3 0 w -a m C :t,- 0 (U +, .- (A > +1 = - * o Z C3 Z C 0 C 4- (3 > 0 CL 0 0 :D — C (L) tn �: 5, .0 0 -2 o m C: cu a) a) Q) C) *;� u .- a) 0 m (u V, FA t I- " m (A bD aj , tA +1 E +, I- 4� CU (u :3 0 m > 0 C: a) V) tA I^ 0 w w w o.- cu C E :3 0 ,a o cu (U w m E to ::3 41 U m c c: 2 a, -a' 2 4-1 a CU -0 o 0. 75 U U m - X 0 x o -0 -0 0 z (U L- +, +, — CL 0 M 0 = �: -0 " c: cu E a 0 -Fu = L- >. ai C :t 0 vm w -5 a, ) !a .0 w > , CL CL w 0 w (A (U 0 CL 0 V, u m M 0) 75 +0' =0 ,- CL :3 :3 c E E "w m w CA 0 c +1 = a w 00 E w u CU -C :3 o -C M 4- (A V) Z , z a) r-4 Ln (U ro Ln c to c ao (U m 0. m c cn 0 m is V) u rn 00 _C 00 0 CN Con K 0) Z r-j a� 00 M MINES MWIX ME COMMON, I "I NO L4-- 0 0 > 0 4� (1) > 0 0 0 4- (u u 41 Q; U 0 4- (Y) fj - 0 tjo 4� C CU = 0 = 0 4.1 0 u W Q; 4-1 0- c a- u 4-1 C 41 E O a) 0 " C: u a -0 0 0 •:!-1- — u t (V 4*1 4� C 0 CU CU c 0 -0 m -0 CL 0 — .0 q M E CL 41 ai 0- -a vi c: 0 c ca N u M C V) 0 4� +Ml 4,1 'A vs (U 4� — V) o > W 0 C: -C nn 4C� C 0 m I 4� 4� U UI C 0 -C 4� r- U V) 0 0 CU .— u :3 , . m = I .— " C: " u .- C: 0 :3 :> w 0 w CL a E w vvi co u E 0 m 0 4� 0 E E cm 0) 4- a u r- w a cr- on cu 0 .0 :3 C: -a "a w = Q) U W M CL Z 0 4a) W w r- 4� "a E -z w a a m 0 c-0 3 0 w -0 w cL Q -0 0 E v, 40- = 0- CL a w 0 -0 U M QJ u (V 4-1 0 0 F- 0 w a, 4-1 u 41 IS M 0 -0 -0 to c C:) 0 0 4.1 E -0 m 0 c 14 0 aj -0 'o lu (u W -0 u C) 0 f cu C r 0 41 C: c W u >� w a) E C M o -0 o - :3 V) W 4-1 Q) V, (U 1 i;i :3 W 0 4" 4� 0 0 M > 0 0 0 a cu V) > 6 -c M C: 0 -C 4� ai V) 4- > 0- CU u W -0 U u w c v, E E >. 41 .- u C u Cr Cr C 41 w lu 4- tll 0 0 Q) W M 4� tO W = U :3 5 0 .0 .0 0 0 0 CU > C: u a) :3 .0 "a o 4- 0 w a E a 0 " C u cu "0 w te CL a) (U CL CU V) a") = W u m ' C 0 C� 4� a) u ffi,C—WOMM�7-u=(U 11 c: -@ o a CL a)— -0 0 0 E to c: c- a. = u �u i>- 4- >� 0 :3 V > .!0 .- a) > -C 4� E 0 -r- -0 4- ca (U U I t 0 CU 41 -0 0 cu V) U 4, C C: > w (u 4� 1-1 0 =4, 5 a) u 3 V) V) C: r_ I 2 v)- —CL c C7 41 cu c: 4j� m E 0 rt �A r, 75 ri 5 u u w w 4- " m -- w u 0 0 -C 0 " 0 w LA W W E cn c: 0 w -0 V) *5 w (V 2 0 M 4 4� > a) E E S -0 c: t 6 V) z C V) Y no U " V) C 0 CU t " = E :3 u a 4� 0 (A 0 Q) 0 4� :3 a; :a') '-(-U Ou E u ci w w 0 0 LA 4-4 -0 E um w w CL 'o U t�l 0 :3 C 0 Ln =s 4- a) 0 0 0 CL 0 E m a LA -0 -C 4� a) vi 'p 0 C CU 0 C: 0 E p a) = 0 (u 0 (U 4- W 0 to UL- z3 -0 0 4r U M 0-0 0 -Do -Z 4' 0 0 4� > E (A 0) 4- CD c a) E 4- 0 0 tU i7 W V) 4�- m a -0 E 4- 0 CL u X T G) (U , y . -,5 E CS M 0 CL U :3 *&;; r- 0_ OD 4� 0 a 4-1 E (u W = -0 0 a (A (U > o w .— u _Q CU — +1 :3 = 0 M " m aj > 4-1 -0 = w E to w 00 41 4� 0 C: m Cu u (U C 0 41 > C -C C: 0 > 0 ' 0 to ;A 4� o 6 z z U u Ln u Ln U c w t C: o m CL rn Fj Fj qt 0 0 r-i M 00 M MINES MWIX ME COMMON, I "I NO -0 -C E o w CL a) -0 a) m 0 M 4 71t 0+1M.6-0 omu0czc coc 'a _ cn � ISM I I'm "S M IN RIM m a� C: ro E u a 0 -C -a E 0) 0 0 u M = bD " Ln E L IOU 4-1 4- u m -a 4� r = > m .— " — u a) Ln -v E .2 (U C: w c +, w -C - m = a) 0 .- 00 0 -0 V) w -C 4., -0 0 m w u 0 4.1 4t 0 -0 L- 'a 0 >. 0 +1 o 2�7 C: m -0 = o o 4-1 m E U o .- Ul m — 4- C " W " .0 3: 3 " U 1 0 CA c 0 (U 4� 0 11 m '0 -0 V) 0 CU 'a? (A 0 aj r- 2 "m E -0 7@0 0 cU (U (u W U -a 0 u cu w w 0 Qj 0 w -0 CL 0 — a) > E u u cu m -C mO 0 - o m 0 - (A c cu a) c CL o CL 0 -C c +1 u C: 4-c :3 a) 0 0 cr- c 0) :t 0 u m , CL CA u -C O0 0 c u to 0 c c r- w 0 :3 tO E Z�" 0 -0 .(U > -C vi (V (U :3 10 a) > 0 u 0 W -0 a) Q) 0 4� 0. a) LA r, c m - w 'a lu 0 cu 3: r- tA CL " - 0) V) C u a x a) 0 +1 4� a +, ._ :3 4- C: U > a C2 -C-- N (U > m 42 0 0 C: = u 0) a a) " 0 C Cl CL a cu 4-1 . (1) u o V) ai - V) CL a) 0 0 I _a 0) tr- o 4� a) vi 0 -,A 4� 0 C 0 m CU u 0 E m c V r-Q)W=o- cowo" > 0 a) -0 cu cs OLO 0 ai a) 0 W V) . 'A -C o u m 11 w -C a) 0� 0 o -0 0 CL a M M -a 0 u 'wo ai CC M 4� -a W > u -0 o cr >. 0 o w u 0 CL 0 > u C: .- cu It- 0 0 E *z , t: W .0 a a (U cu C C 4- Qj 41 0 u C r a; w a to m m 41 > 4" Q) E (U 0 c .- = 0 4,1 a W E C U u -9-- 0 = tw cu 4� c a -0 't- -a E 0 w V) In M m .- (A > �o 0 E w L-H w 0 U (V 0. E .E 0 a) 0 CU W 0 -- 0 = m E 4- (U -0 w w 0 - < CWD 0 .!n Q) 4" . u a c —non > E > c 0 lu a) CU M U- -C a, CU cu -C. tw .0 m to 0 C c u E > _0 0 m :3 CL v CL w Ln V) 4-1 CU m fu 0 a = 0 w c Ln .0 C: - to C: a r CL 0 -a u m w 0 3: 0 C , -C 0 4- 6-0 0 M 0 > M N E V, c LS C a 0 W u 0 Qj V, m (u 0 V) Ln u - > a) 0 0- 0 *Z, = -0 -0 4E, E w 4� 0 c 4- .- 4-1 4� -0 M M LA r1l a) (u c: 0 M V) m L- 0 X a) a) A to " C: 4.1 0 m -0 = a) 4, CL -i: - a, u W 0 a E V- R 'F -o -,-; w a) J, 'E " W 4-1 4-1 r- U- 14 (U 4" -0 0 0 0 a 4- C: 0 CL L- 0 LA = a) u E LA W W -0 (v u - r— : - C, -0 U tA 0 -C .,U 0 u . 0 E 0 o :3 E m :3 oc . 5 m 0 > a, �F ;5 u u E w > U E u 42 0 > a) 0'- CU :3 W a) 0 w CL a) O.0 u o w u -0 m m m -0 tA Ln CL M u (A .0 c -C 0 a) tw -0 0 V) V) 0 -0 0 m CL 41 a) 0 0 c w 4� 4-1 0 m 0 V) 0 _r_ Q) m E V; o 4� m *zl 41 0 4� ai C: c c o 'E M C: w CL o ru 0 @ =3 w 0 Ul) 0 " 4- U V) -6 m M cu Q) V) 0 -0 CL m V, kn m (U E c: E 41 M 4- r- 0 m Ln +1 V) 4., -a M c txo q_- o -0 u .5; tA U M u -C +1 V, ca :: 42 in 0 4- o 0 -r- -Y < CL i 4- E CU C: (U < o f. " CL - CL U -C 4� *E - 'F 3: -- (U (D 0- 0 -a M m r_ _0 -0 0 -0 .0 (U -C "0 Q) (u 0 cu 3: cu M Q) :t cu VI -0 cu m 11 -0 t .0 .2 0 (U +1 0 u Z: tA "0 cu 0 (U F 0 W m c CL m Q) -C 0 E m vi -a cu E w w (U > 41 = m E :3 cu cr c m V) 0 LA VA 16 Tu m: :t a -0 Zn m u 6 a) v 6 u cu 6 z 6 z 6 z z ! a) 00 z 0) 0 r, 00 (1) u 00 -0 u 1�0 a tio u c r, OD u c txo on C: tw 00 to CL C) m CL m CL m CL m 0- C14 rn 16 r-4 r, -0 r4 r- r4 '0 C4 U cu " I'* N 0 O--1 C'4 cy) 0 0 Z Lr, tD m 00 (Y) ct (y) ISM I I'm "S M IN RIM �r h � a OEM ONE a EXHIBIT A EXHIBIT A Uses incorporated inC413'QO1 NONE- In 0 CL � 0 Drive-thru facilities Use Determination made by Secondhand sales Provided clarification ofretail 0 without pawn sales vs. secondhand sales (ie. Large Recycling Incorporate updates to antique stores, thrift stores, 0 electronic stores selling used w ,+ Update term "church" and ganne� game are devices) incorporate updates based un allowed as permitted uses Instructional Combine similar uses (dance subject to same standards as studios studios and nnartia|arts studios Public schools and ��� ����������������������������� Pet grooming Incorporate policy practice to 1986to allow schools inFirst Private schools consider pet grooming asa district. Based on policy and service retail business practice, the use has been Assembly Uses Combine similar uses (clubs, districts social halls, fraternal organizations and l Car Wash Incorporate policy practice 0 CL � 0 Drive-thru facilities Use Determination made by Yes (TC[3521 et al. Business gns Yes Several are existing throughout all commercial districts ,es Yes Yes Yes � No / No / | �--------�-1 No ' Yes Yes Planning Commission in2O10tu allow bv CUP oncase-bv-case basis Large Recycling Incorporate updates to Locations terminology and based on State |avv Places of Worship Update term "church" and incorporate updates based un RLUPA and case law that requires Places of worship anywhere and subject to same standards as |acesofassemb| Public schools and Use Determination was made in uses 1986to allow schools inFirst Private schools Street Specific Plan commercial district. Based on policy and practice, the use has been incorporated to all commercial districts Yes (TC[3521 et al. Business gns Yes Several are existing throughout all commercial districts ,es Yes Yes Yes � No / No / | �--------�-1 No ' Yes Yes EXHIBIT A Uses incorporated in CA 13-001 Bulk merchandise sales Delicatessens � CL CL � 0 W uCL 0- FRO � � 2 Offices >50% GFA Furniture warehouse sales have been permitted inPC-|ND districts based on previous Use Determination (in 2OO4). This use was incorporated into the Planned Industrial District to provide consistency with the Use Determination --- incorporate policy practice to allow small food uses within the industrial districts with the intention of providing an ancillary and supplemental use (provide lunch townrkers). Delis have typically been permitted inthe PM Districts in several ofthe P|annedDeve\oonnents incorporate policy practice to allow offices within industrial districts subject toa CUP to ensure adequate parking and compatibility with surrounding uses Sexually Oriented Sexually Oriented businesse are Businesses subject tnT[C391Z and are permitted inPCK4U,PC-C PC[ K8, and PC-|ND Districts in compliance with restrictions of that chapter, The incorporation ofSO8's into the Zoning Code is intended to provide clarification of uses. indoor kennels and On Nov. 5, 1979, the Planning animal boarding Commission approved the use by facilities minute order within the K4 District Yes Permitted inP[-|ND Dist 21110 ` Yes Offices are permitted asan accessory use Yes TCC3912 Yes Mils am MINE | / } ' Bill EXH|BIT4 Uses incorporated in CA 13-001 Places ufworship Update term "church"and and assembly incorporate updates based on 0 IA i5 RLUPA and case law that requires Places of worship anywhere and 0 CL subject to same standards as places ofassembly Yes IM �, N} � � � �