HomeMy WebLinkAbout04 CA 2022-0002 CODE STREAMLINING_IMPROVEMENT PROGRAM DocuSign Envelope ID: DD39743D-3A00-4ACA-A88E-32D9DBBE8456
AGENDA REPORT ITEM 94
MEETING DATE: MAY 24, 2022
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 2022-0002 (ORDINANCE NO. 1524) —
(CODE STREAMLINING AND IMPROVEMENT PROGRAM)
SUMMARY
This Project is a City-initiated request to amend Tustin City Code (TCC) Article 3
(Business Regulations), Article 5 (Public Safety) and Article 9 (Land Use). The City's
Strategic Plan identifies development streamlining as one of its goals. The proposed Code
Amendment 2022-0002 is part of the Community Development Department's new Code
Streamlining and Improvement Program. The goal of the Code Streamlining and
Improvement Program is to evaluate the City's land use code and propose amendments
to sections that lack clarity, outdated, or do not respond to current market trends. The
proposed Code Amendment also streamlines the entitlement process in order to increase
effectiveness and efficiency. The Community Development Department will continue to
evaluate land use related codes and practices on a regular basis and will introduce
amendments when appropriate in the future.
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4452, recommending that the City
Council adopt Ordinance No. 1524, amending Part 3 of Chapter 6 of Article 3 (Business
Regulation), Section 5502 of Chapter 5 of Article 5 (Public Safety) and various sections
of Article 9 (Land Use) of the TCC relating to the Code Streamlining and Improvement
Program to provide clarity, consistency of terms and definitions, and compliance with
State law.
APPROVAL AUTHORITY
Per TCC Section 9295f authorizes the Planning Commission to make a recommendation
to the City Council on a proposed Code Amendment. Such an amendment may be initiated
by the City in accordance with TCC Section 9295. If approved, the Ordinance would go
into effect 30 days following adoption by the Tustin City Council. Amendments to Articles
3 (Business Regulation) and 5 (Public Safety) are under the authority of the Tustin City
DocuSign Envelope ID: DD39743D-3A00-4ACA-A88E-32D9DBBE8456
Planning Commission Staff Report
Code Amendment 2022-0002
May 24, 2022
Page 2
Council and are included in Resolution No. 4452 due to their relevancy to the various
amendments proposed for Article 9 (Land Use).
DISCUSSION
Proposed Code Amendment 2022-0002
The goal of the Code Streamlining and Improvement Program is to implement changes
to the TCC in order to streamline development review processes. Proposed Code
Amendment 2022-0002 also corrects typographical errors, correct inconsistencies and
outdated references to State laws. A summary is included in Attachment A.
Consistency with the Tustin General Plan
The proposed Code Amendment 2022-0002 is consistent with the Tustin General Plan in
that they comply with the following goal and policy:
Land Use Element Goal 2: Ensure that future land use decisions are the result of
sound and comprehensive planning.
Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
PUBLIC NOTICE
A 1/8-page public notice was published in the Tustin News on May 12, 2022, informing
the public of the Planning Commission public hearing for proposed Code Amendment
2022-0002. In addition, the public notice was posted at Tustin City Hall, the Tustin Library,
and the Tustin Area Senior Center.
EVIRONMENTAL ANALYSIS
The proposed Code Amendment is not subject to the California Environmental Quality
Act ("CEQX-1 Cal. Pub. Resources Code Section 21000 et seq.) pursuant to Section
15061(b)(3) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et
seq.) because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment.
CONCLUSION
Proposed Code Amendment 2022-0002 would be consistent with the City's General Plan
and implements the City's Strategic Plan goal to streamline development processes.
Staff recommends that the Planning Commission adopt Resolution No. 4452,
recommending that the Tustin City Council adopt Ordinance No. 1524, amending Part 3
of Chapter 6 of Article 3 (Business Regulations), Section 5502 of Chapter 5 of Article 5
(Public Safety) and various sections of Article 9 (Land Use) of the TCC relating to the
DocuSign Envelope ID: DD39743D-3A00-4ACA-A88E-32D9DBBE8456
Planning Commission Staff Report
Code Amendment 2022-0002
May 24, 2022
Page 3
Code Streamlining and Improvement Program to provide clarity, consistency of terms and
definitions, and compliance with State law.
,.._..._DocuSigned by: f---DocuSigned by:
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Irma Huitron for Justina L. Willkom
Assistant Community Development Community Development Director
Director- Planning
EDocuSigned by:
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E48A67E1967540F...
Raymond Barragan
Principal Planner Consultant
Attachments:
A. Summary of Proposed Code Amendment
B. Resolution No. 4452
• Exhibit A — Draft Ordinance No. 1524
ATTACHMENT A
SUMMARY OF PROPOSED CODE AMENDMENT
Planning Commission CA 2022-0002
May 24, 2022 Summary- Code Streamlining and Improvement Program
Sec. Amendment Description Reason
2 Removing Business Regulation/CUP requirement for Fortunetelling to ensure consistency with State and Federal laws. State Law
3 Removes outdated language pertaining to maintenance of parkways Clarifying,
Streamline
4 Removes language to ensure consistency with State law. State Law
5 Eliminating the hyphen between P and D to read "Planned Development District (PD)", "PD District", or"PD". Typographical
6 Eliminating the hyphen between R and 2 to read "Duplex Residential District (R2)", "R2 District", or"R2". Typographical
7 Eliminating the hyphen between C and 1 to read "Retail Commercial District (Cl)", "Cl District", or"Cl". Typographical
8 Eliminating the hyphen between C and 2 to read "Central Commercial District (C2)", "C2 District", or"C2". Typographical
9 Eliminating the hyphen between P and C to read "Planned Community District (PC)", "PC District", or"PC". Typographical
10 Eliminating the hyphen between R and A to read "RA". Typographical
11 Eliminating the hyphen between E and 4 to read "E4". Typographical
12 Eliminating the hyphen between R and 1 to read "R1". Typographical
13 Eliminating the hyphen between R and 3 to read "R3". Typographical
14 Eliminating the hyphen between R and 4 to read "R4". Typographical
15 Eliminating the hyphen between C and 3 to read "C3". Typographical
16 Eliminating the hyphen between C and G to read "CG". Typographical
17 Eliminating the hyphen between PC and IND to read "PC IND". Typographical
18 Eliminating the hyphen between PC and COM to read "PC Com Typographical
19 Eliminating the ampersand between P and I to read "PI". Typographical
20 Eliminating the hyphen between SP and 1 to read "SP 1". Typographical
21 References requiring a land use permit for Large Family Day Care removed to be consistent with AB 234. State Law
22 References requiring a land use permit for Large Family Day Care removed to be consistent with AB 234. State Law
23 References requiring a land use permit for Large Family Day Care removed to be consistent with AB 234. State Law
24 References requiring a land use permit for Large Family Day Care removed to be consistent with AB 234. State Law
25 Eliminating hyphen between P and D and correcting typographical error. Typographical
26 Eliminating hyphens and correcting language to be consistent with development standards applicable in the respective Typographical,
zone. Consistency
27 Eliminating hyphens, correcting typographical error, and correcting language to be consistent with development Typographical,
standards applicable in the respective zone. Consistency
28 Correcting language to be consistent with development standards applicable in the respective zone. Consistency
29 References requiring a land use permit for Large Family Day Care removed to be consistent with AB 234. State Law
30 Correcting typographical error in minimum lot area. Typographical
31 Correcting the inadvertent omission of the required setback for commerical building abutting non-residential properties. Typographical
32 Removing the CUP requirement for Fortunetelling to ensure consistency with State and Federal laws. State Law
33 Correcting typographical error. Typographical
34 Correcting typographical error. Typographical
35 Correcting typographical error. Typographical
36 Correcting typographical error. Typographical
37 Correcting typographical error. Typographical
38 Correcting typographical error. Typographical
39 References requiring a land use permit for Large Family Day Care removed to be consistent with AB 234. State Law
40 Correcting typographical error. Typographical
41 Correcting internal inconsistency -On-site parking satisfied (removed word waived) Consistency
42 Correcting internal inconsistency and clarifying language to streamline project reviews - Clarifies findings for on-site Consistency,
parking through payment of fee in DCCSP. Clarifying
43 Correcting typographical error. Typographical
44 References requiring a land use permit for Large Family Day Care removed to be consistent with AB 234. State Law
45 Clarifying language to streamline project reviews - Parking study preparation Clarifying,
Streamline
46 Correcting typographical error. Typographical
47 Clarifying language to streamline project reviews - Overhang obstructions Clarifying,
Streamline
48 Clarifying language to streamline project reviews - Garage back-up distance Clarifying,
Streamline
1of2
Planning Commission CA 2022-0002
May 24, 2022 Summary- Code Streamlining and Improvement Program
Sec. Amendment Description Reason
49 Clarifying language to streamline project reviews - Definitions of Retail Center Small and Large Clarifying,
Streamline
50 Streamline project reviews -Temporary uses more than one year changed from Planning Commission to Zoning Streamline
Administrator review.
51 Streamline project reviews - Changes CUP requirement to Design Review for height limits exceeded for architectural Streamline
and mechanical appurtenances.
52 References requiring a land use permit for Large Family Day Care removed to be consistent with AB 234. State Law
53 Correcting typographical error and clarifying language for fence reviews for compliance with sight visibility requirements. Typographical,
Clarifying
54 Clarifying language to streamline project reviews - No accessory structures in front yard setback. Clarifying,
Streamline
55 Correcting typographical error. Typographical
56 Correcting typographical error and clarifying language to streamline project reviews - Home Occupations, vehicular Typographical,
impacts. Clarifying
57 Clarifying language to streamline project reviews - Roof mounted equipment not visible . Clarifying,
Streamline
58 Correcting typographical error. Typographical
59 Clarifying language to ensure consistency with State law - Reasonable Accomodations streamline reviews State Law
60 Correcting internal inconsistency - Incorrect reference to fee. Consistency
61 Clarifying language to ensure consistency with State law (Streamling Act) and correcting internal inconsistency. State Law,
Consistency
62 Correcting internal inconsistency - Incorrect reference to fee. Consistency
63 Clarifying language to streamline project reviews (adding definitions related to Historical Resources Survey and Clarifying, State
removing references requiring a land use permit for Large Family Day Care to be consistent with AB 234. Law
64 Clarifying language to streamline project reviews - Definition of Accessory Building Clarifying,
Streamline
65 Clarifying language to streamline project reviews - Definition of Structure Clarifying,
Streamline
66 Streamlines project reviews - Changes CUP requirement for Mural from Planning Commission to Zoning Administrator Streamline
review.
66 Streamline project reviews - Roof mounted signs for Historic buildings subject to Zoning Administrator Review. Streamline
67
Streamline project reviews - Changes CUP requirement for Master Sign Program requesting deviations for commerical
Streamline
centers over 30,000 s.f./one-acre from Planning Commission to Zoning Administrator review,
68 Correcting internal inconsistency -Consistency with General Plan. Consistency
69 Clarifying language to streamline project reviews -Terminology related to Designated Member of Appraisal Institute Clarifying,
related to Fees in lieu of dedication Streamline
70 Clarifying language to remove outdated practice -Sign tags with sign permti adhered to signs. Streamline
71 Clarifying language to remove outdated practice -Sign banners required to display permit number. Streamline
72 Streamline project reviews - Roof mounted signs for Historic buildings subject to Zoning Administrator Review. Streamline
73
Streamline project reviews - removes requirement for Planning Commission review for Murals and Master Sign Program
Streamline
re ue ting deviations for a commerical center reference Section 66 and 67).
74 Istreamline project reviews - clarifies language for water efficiency landscape requirements Istreamline
2of2
ATTACHMENT B
RESOLUTION NO. 4452
• EXHIBIT A - DRAFT ORDINANCE NO. 1524
RESOLUTION NO. 4452
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1524,
AMENDING PART 3 OF CHAPTER 6 OF ARTICLE 3
(BUSINESS REGULATIONS), SECTION 5502 OF
CHAPTER 5 OF ARTICLE 5 (PUBLIC SAFETY) AND
VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF THE
TUSTIN CITY CODE (CODE AMENDMENT 2022-0002)
RELATING TO THE CODE STREAMLINING AND
IMPROVEMENT PROGRAM TO PROVIDE CLARITY,
CONSISTENCY OF TERMS AND DEFINITIONS, AND
COMPLIANCE WITH STATE LAW.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That Chapter 2 of Article 9 of the Tustin City Code (TCC) establishes allowable
uses, definitions, and development standards of properties within all zoning
districts in the City, Chapter 6 of Article 3 establishes regulations for businesses
within the City which are recognized as having characteristics which may pose
particular threats to the public health, safety, or welfare, and Chapter 5 of Article 5
(Public Safety) provides property maintenance and nuisance abatement
regulations and standards.
B. That routine revisions to the TCC are required to provide clarity, create consistency
of terms and definitions, comply with new State laws, streamline approval
processes and amend Code requirements to reflect current market trends.
C. That on May 24, 2022, a public hearing was duly noticed, called, and held by the
Planning Commission on Code Amendment (CA) 2022-0002 relating to Code
Streamlining and Improvement Program.
D. That the code amendments are reasonable and serve the purpose of streamlining
project and development plan reviews by providing clarity and consistency within
the TCC.
E. That the proposed amendments comply with the Tustin General Plan in that they
comply with the following goal and policy:
Land Use Element Goal 2: Ensure that future land use decisions are the
result of sound and comprehensive planning.
Resolution No. 4452
Page 2
Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
F. The Planning Commission finds that the proposed code amendment is not subject
to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources Code
Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA
Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it can be
seen with certainty that there is no possibility that the activity in question may have
a significant effect on the environment.
II. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1524, amending Part 3 of Chapter 6 of Article 3 (Business
Regulations), Section 5502 of Chapter 5 of Article 5 (Public Safety) and various
Sections of Article 9 (Land Use)of the TCC (Code Amendment 2022-0002) relating
to the Code Streamlining and Improvement Program to provide clarity, consistency
of terms and definitions, and compliance with state law, attached hereto as Exhibit
A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 24th day of May 2022.
DAVID J. MELLO, JR.
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
Resolution No. 4452
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4452 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 24th day of May 2022.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
Exhibit A: Draft Ordinance 1524
ORDINANCE NO. 1524
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING PART 3 OF CHAPTER
6 OF ARTICLE 3 (BUSINESS REGULATIONS), SECTION
5502 OF CHAPTER 5 OF ARTICLE 5 (PUBLIC SAFETY)
AND VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF
THE TUSTIN CITY CODE (CODE AMENDMENT 2022-0002)
RELATING TO THE CODE STREAMLINING AND
IMPROVEMENT PROGRAM TO PROVIDE CLARITY,
CONSISTENCY OF TERMS AND DEFINITIONS, AND
COMPLIANCE WITH STATE LAW.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1 . The City Council finds and determines as follows:
A. That Chapter 2 of Article 9 of the Tustin City Code (TCC) establishes allowable
uses, definitions, and development standards of properties within all zoning
districts in the City, Chapter 6 of Article 3 establishes regulations for businesses
within the City which are recognized as having characteristics which may pose
particular threats to the public health, safety, or welfare, and Chapter 5 of Article 5
(Public Safety) provides property maintenance and nuisance abatement
regulations and standards.
B. That routine revisions to the TCC are required to provide clarity, create consistency
of terms and definitions, comply with new State laws, streamline approval
processes and amend Code requirements to reflect current market trends.
C. That on May 24, 2022, a public hearing was duly noticed, called, and held by the
Planning Commission on Code Amendment (CA) 2022-0002 relating to Code
Streamlining and Improvement Program.
D. That on , 2021 , a public hearing was duly noticed, called, and held on
CA 2022-0002 by the City Council.
E. That the code amendments are reasonable and serve the purpose of streamlining
project and development plan reviews by providing clarity and consistency within
the TCC.
F. That the proposed amendments comply with the Tustin General Plan in that they
comply with the following goal and policy:
1378023.4
Ordinance No.1524
Page 2
Land Use Element Goal 2: Ensure that future land use decisions are the
result of sound and comprehensive planning.
Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 2. Part 3 of Chapter 6 of Article 3 of the TCC is hereby amended to read as
follows (new text underlined; deleted text in strikeout):
PART 3 RESERVED FmORT- NETCI I INN F=OR DAV
'2�2 PREREQUISITES F=()R FQRT-I NETGI LII I�ERMIT
NG r.or n oh._Il ho gibIG ron io fir of inrr rormit i intil of inh
ra�Fscr�rr�r2rn--ate c�rxTr�t�Tcce�r�a-�art��cr �rr�Frcrrrnr-crrrcrr�crcrt
Fr�r6Gn hA-' nht�R8Qd_ a Valid �nrlit�,en�l i 68 p8Fmit fnr �rt�8Qtetlimg
a.T rr—rra �� rr cr— rra-r riur—a ��-rrrtr—rvr—• r cr
oot.;; hliohmont
(Ord. No. 1252, Sec. II, 6-3-02)
3633 CY(`CDTI()N9
Tho PFA_VioiA_no r,f this D..14 shall net apply to aRy PE?FGGn selel by Feasgn of
a r oarraW cTs
Tho PFA_VioiA_no r,f this Pal# shall net apply to a pe Fsen �nihG io G-GRdi intiRg Gr
hr�r�lY1�Ttor
G9lI718GtiV81y F8f848d—t9 a;, mrinTister, from an i bGRa fide r-n-hurrr-n-h er
A r.�i Gf to r,f �rilin �n ch.AIl ho fil _lir r�ri9F to two
rr�fsy-ter E Ee-anurr�c�rr r�Et$r�rrcr
norcnn praGtiniRg fnrti inotollinrr
(Ord. No. 1252, Sec. II, 6-3-02)
Ordinance No. 1524
1378023.4
Ordinance No.1524
Page 3
2F24DDI IG TION REQUIREMENTS
I n7TTad d i til'.7Tr-te the i R feT m atil'. R F q u i Fe d by City's appRGatie R fTl—fE)Frn, t h e
(I j A ImSteTGE)RViGtE)R(G)fnFyielatiens of law, e)cdinrtFaffinyielate,ns fnr
the fide (5) yE?aFs immediately PFE?GE?dinrr the i-I.-to of+ho appliGatinn•
/ e nant' fingerprint nn A- fnFM nreyid by Ti is Dnlino
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(3) VVFltt ements of a .mss ) n ns that the appli aRt is ef
��-V,TcceTl�Jrat GT,-f�+,.,p� C..l,,.,,,eL�.T �7e�se,-,.�� r P�7'�7Tf
geed meta GharraEt8;and,
(4) AllnrRarmrresLAca by theiappliGaRt dLAFiRg th8 pr •9-116fi�i�years
Gnnii inn+inn With ; fnrti inetelling fnr pari business.
(Ord. No. 1252, Sec. II, 6-3-02)
3635 OPERATIONAL REGULATIONS
Gnntaining the fGAGA ling infnrm�+inn•
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G-F .69liGit4lcgaRy payFRE?Rt,
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(5T5) Thi-Q StatUQA: "AR" GIiGRt WiGh�hiRg-t8GIG- sG- m.Ay make aR audie tape
er t;;Le y4itten notes rli iFing an i fnFFl inotollinn session Gr nnnsi ilt�tinn "
The n Sigrequired n
by this e�Fb�eEti�rF-shell be prominently psterl in the
aterincn'v'i-er—tiytQ--NtFe co pFemises at—a pe.m..t-�..-a�ti�t.:GRt 'yaptrl•�sh�II Abe
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If thtQ "i G 6 n�a t �a--ry catlGrretl�� tl�tarr—te
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m� pp� legible print 9F tripe Th paper sh�nll nA_ks- GIi�th` n��P-1
infnrm.� n GF print matter shall appeaF GR papeF A e Front d
m�rvrTrrcrtF�rr-vi--Frrrrrc cccr�rra�rr-aFFsccn--vrr cr—rrtrtF��rrccr-aper
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Ordinance No. 1524
1378023.4
Ordinance No.1524
Page 4
Ne perseRshall r__hare-GF payrn8Rt, F61Rer&t+9R,er
apeF Fequred by this SGGtOE) Ne pGTsE Gt1Rg GF GRgjaag /'Y 1Y1 ']4
eTta-I 'RgwFitteR Retes of the in�natien pFe iid cc
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(Ord. No. 1252, Sec. II, 6-3-02) T�T�
SECTION 3. Section 5502 of Chapter 5 of Article 5 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
5502 - PROPERTY MAINTENANCE NUISANCES
It is hereby declared to be a public nuisance for any property owner or other
person in control of said property to keep or maintain said property, including
adjacent parkways sidewalks. e-r--streets and/or parkways1_1;d_e f8Q� r'wReFship
by said n8r6^r, in such manner that any of the following conditions are found to
exist:
SECTION 4. Section 9111 of Part 1 of Chapter 1 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
9111 - PURPOSE AND INTENT
The purpose of this Chapter is to provide incentives for the production of
housing for very low-, low-, moderate-income, senior citizens, transitional foster
youth, disabled veterans and homeless persons in accordance with California
Law pertaining to density bonuses. In addition, it contains provisions for a density
bonus or development incentive/concession when a child care facility is to be
included in an affordable housing development, or when land is donated for
affordable housing under specified conditions. The intent of this Chapter is to
facilitate the development of affordable housing and to implement the goals,
objectives, and policies of the City's Housing Element.
The regulations and procedures set forth in this Chapter shall apply
throughout the City. VViththf-9 eXc8pt+eR Gf A-Tea-ideptified As-; the "IVIC c T,
eno^ifi^ o'er " Sections of the Government Code referenced in this Chapter and
application forms for complying with this Chapter, shall be made available to the
public.
SECTION 5. All TCC references to the "Planned Development District (P-D)", "P-D
District", or "P-D" shall be amended and restated by eliminating the hyphen between P
and D to read "Planned Development District (PD)", "PD District", or
"PD". The TCC sections impacted by this revision include:
A. Section 9213 - Divisional Districts, subsection (a), Residential Districts.
Ordinance No. 1524
1378023.4
Ordinance No.1524
Page 5
B. Section 9220 - Residential Site Development Standards, Table 1 :
Primary Residential Uses.
C. Section 9224 - Planned Development District fP- ) (PD), subsections
(a), (b), (d)(1), (e)(3), (g)(2)(b), (g)(3)(a)-(c), (g)(5), and (g)(8).
D. Section 9271 - Specific Provisions, subsection (v).
E. Section 9274 - Multiple Dwelling Conversions Standards, subsection
(a)(3).
SECTION 6. All TCC references to the "Duplex Residential District (R-2)", "R-2 District",
or "R-2" shall be amended and restated by eliminating the hyphen between R and 2 to
read "Duplex Residential District (R2)", 44R2 District", or
"R2". The TCC sections impacted by this revision include:
A. Section 9213 - Divisional Districts, subsection (a), Residential Districts.
B. Section 9225 - Duplex Residential District kR-2-3 , subsections (a)
and (c).
C. Section 9226 - Multiple Family Residential District (R3), subsection
(b)(1).
D. Section 9271 - Specific Provisions, subsections (p) and (u).
SECTION 7. All TCC references to the "Retail Commercial District (C-1)", "C-1 District",
or "C-1" shall be amended and restated by eliminating the hyphen between C and 1 to
read "Retail Commercial District (C1)", "C1 District", or
"C1". The TCC sections impacted by this revision include:
A. Section 9213 - Divisional Districts, subsection (a), Commercial Districts.
B. Section 9232 - Retail Commercial District kG-� .
C. Section 9271 - Specific Provisions, subsections (u), (x), (bb)(c)(3)(c),
(bb)(c)(3)(h), and (ee)(1).
SECTION 8. All TCC references to the "Central Commercial District (C-2)", 44C-2
District", or "C-2" shall be amended and restated by eliminating the hyphen between C
and 2 to read "Central Commercial District (C2)", 44C2 District", or
"C2". The TCC sections impacted by this revision include:
A. Section 9213 - Divisional Districts, subsection (a), Commercial Districts.
B. Section 9252 - Cultural Resource District, subsection 0)(3)(d)(3)(d).
C. Section 9271 - Specific Provisions, subsection (u), (x), and (ee)(1).
Ordinance No. 1524
1378023.4
Ordinance No.1524
Page 6
SECTION 9. All TCC references to the "Planned Community District (P-C)", "P-C
District", or "P-C" shall be amended and restated by eliminating the hyphen between P
and C to read "Planned Community District (PC)", "PC District", or
"PC". The TCC sections impacted by this revision include:
A. Section 9213 - Divisional Districts, subsection (a), Industrial and Other
Districts.
B. Section 9244 - Planned Community District TP GS) , subsections (a), (b),
(c), and (e)(1).
SECTION 10. All TCC references to the "R-A" District shall be amended and
restated by eliminating the hyphen between R and A to read "RA". The TCC sections
impacted by this revision include:
A. Section 9213 - Divisional Districts, subsection (a), Residential Districts.
B. Section 9224 - Planned Development District fP-D4 (PC), subsections (g)(1)(b)-
(c), (g)(2)(a) and (c), and (g)(3)(a) and (c).
C. Section 9225 - Duplex Residential District, subsection (c).
D. Section 9271 - Specific Provisions, subsection (u).
SECTION 11 . All TCC references to the "E-4" District shall be amended and restated
by eliminating the hyphen between E and 4 to read "E4". The TCC sections impacted
by this revision include:
A. Section 9213 - Divisional Districts, subsection (a), Residential Districts.
B. Section 9224 - Planned Development District fP-D4 (PD), subsections (g)(1)(b)-
(c), (g)(2)(a) and (c), and (g)(3)(a) and (c).
C. Section 9225 - Duplex Residential District kR-2-3 , subsection (c).
D. Section 9271 - Specific Provisions, subsection (u).
SECTION 12. All TCC references to the "R-1" District shall be amended and restated
by eliminating the hyphen between R and 1 to read "RV. The TCC sections impacted
by this revision include:
A. Section 9213 - Divisional Districts, subsection (a), Residential Districts.
B. Section 9224 - Planned Development District fP-D-) , subsections (g)(1)(b)-
(c), (g)(2)(a) and (c), and (g)(3)(a) and (c).
C. Section 9225 - Duplex Residential District kR-2-3 , subsections (a)(1) and
(c).
D. Section 9271 - Specific Provisions, subsections (i)(2)(b), (p) and (u).
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SECTION 13. All TCC references to the "R-3" District shall be amended and restated
by eliminating the hyphen between R and 3 to read "R3". The TCC sections impacted
by this revision include:
A. Section 9213 — Divisional Districts, subsection (a), Residential Districts.
B. Section 9271 — Specific Provisions, subsections (i)(2)(b), (n)(2), (p), and (u).
SECTION 14. All TCC references to the "R-4" District shall be amended and restated
by eliminating the hyphen between R and 4 to read "R4". The TCC sections impacted
by this revision include:
A. Section 9213 — Divisional Districts, subsection (a), Residential Districts.
B. Section 9271 — Specific Provisions, subsections (i)(2)(b) and (n)(2).
SECTION 15. All TCC references to the "C-3" District shall be amended and restated
by eliminating the hyphen between C and 3 to read "C3". The TCC sections impacted
by this revision include:
A. Section 9213 — Divisional Districts, subsection (a), Commercial Districts.
B. Section 9271 — Specific Provisions, subsections (u) and (x).
SECTION 16. All TCC references to the "C-G" District shall be amended and restated
by eliminating the hyphen between C and G to read "CG". The Tustin City Code section
impacted by this revision includes:
A. Section 9213 — Divisional Districts, subsection (a), Commercial Districts.
SECTION 17. All TCC references to "PC-IND" shall be amended and restated by
eliminating the hyphen between PC and IND to read "PC IND". The TCC sections
impacted by this revision includes:
A. Section 9244 — Planned Community District (), subsection (d)(7).
B. Section 9276 — Wireless Communication Facility Regulations and Guidelines,
subsection (h)(4).
C. Section A9904 — Permit Requirements and Application Procedures, subsection
(a)(1).
SECTION 18. All TCC references to "PC-Com" shall be amended and restated by
eliminating the hyphen between PC and COM to read "PC Com". The TCC section
impacted by this revision includes:
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1378023.4
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A. Section 9244 — Planned Community District T-C3 , subsection (d)(7).
SECTION 19. All TCC references to the "P & I" District shall be amended and restated
by eliminating the ampersand between P and I to read "PI". The TCC sections impacted
by this revision include:
A. Section 9213 — Divisional Districts, subsection (a), Industrial and Other
Districts.
B. Section 9240 — Table 1 : Industrial and Other Development Standards.
C. Section 9245 — Public And Institutional District (P-&-1) (PI), subsections (b) and
(d).
SECTION 20. All TCC references to the "MCAS Tustin Specific Plan" shall be revised
to read "MCAS Tustin Legacy Specific Plan" (new text underlined; deleted text in
strikeout), or "SP-1" shall be amended and restated by eliminating the hyphen between
SP and 1 to read "SP 1". The TCC sections impacted by these revisions include:
A. Section 9246 — nn�Tustin Legacy Specific Plan (SP-4 SP 1 Specific Plan),
subsections (a)-(e).
B. Section 9240 — Industrial and Other Zoning District Site Development
Standards.
C. Section 9112 — Definitions.
SECTION 21 . Section 9221(a)(6) of Part 2 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
6. Repealed. .Large arge family day Gare hnmoc (6 11 i8Gt fn fho ernVicinec cof ferfh
iR Confine Q')7-1 �\
SECTION 22. Section 9222(a)(4) of Part 2 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
4. Repealed. .Large arge family day Gare hnmoc (6 11 i8Gt fn fho ernVicinec cof fnrfh
in Confine _271aa)
SECTION 23. Section 9223(a)(6) of Part 2 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
6. Repealed. I arge family day Gare hnmoc (subjonf fn fho ernVicinec cof fnrfh
ie Confine _271aa)
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SECTION 24. Section 9224(b)(7) of Part 2 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
7. Repealed. Large
family day Gare hnmoc (s bj8Gt to the PFE)Vicinnc cot forth
in SGGtieR _271 aa)
SECTION 25. Section 9224(e)(3) of Part 2 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
If any parcel zoned P-B PD is to be developed in accordance with the
provisions set forth for this District and said parcel abuts a street not improved
to City standard, the owner shall dedicate the necessary street easement to the
City and improve said street so as to be in accordance with the design
standards and specifications of T-he the City prior to the issuance of a utility
release by the Building Department.
SECTION 26. Section 9224(g)(1)(b) of Part 2 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
When a lot in the PD district abuts at any point along its property lines or is
directly across a street or alley from property zoned R,--A RA, €-4 E4 or R-4 R1
(developed or undeveloped), no main building shall be erected on said PD lot to
a height to exceed ^RG (1) st^r" two (2) stories, and/or tWor, 9) thirty 30
feet, whichever is more restrictive, within epe h,ir,rlred fifty (1 tin\ fifty 50 feet of
said R A RA, €-4 E4 or R4 R1 zoned property, unless the Planning Agency
shall grant a conditional use permit thereof.
SECTION 27. Section 9225(c) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
Maximum Height, Exception
Notwithstanding any provision to the contrary contained in this Section 9225,
when a lot in the R-21 R2 District abuts at any point along its property lines or is
directly across a street or alley from property zoned R A RA, €-4 E4 or R-4 R1
(developed or undeveloped), no main building shall be erected on said R-21 R2
lot to a #ig4# height to exceed ^R8 (1) ster-y two (2) stories, and/or tWor, 9)
thirty 30 feet, whichever is more restrictive, within epe h,ir,rlred fifty i1 tin\ fi r
feet of said R-A RA, €-4 E4 or R4 R1 zoned property, unless the Planning
Agency shall grant a conditional use permit therefor.
SECTION 28. Section 9226(c) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
Maximum Height, Exception
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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) steFy (2) stories, and/or twenty0) thirty 30 feet, whichever is
more restrictive, within ^no hi-ACJPGd fifty (1 594 fifty 50 feet of said RA, E4 and
R1 zoned property, unless the Planning Agency shall grant a conditional use
permit thereof.
SECTION 29. Section 9228(a)(6) of Part 2 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
6. Repealed. I `giro family day Gage hemes (sub eGt W the Bet feFth
in SGGtien
SECTION 30. Section 9230, Table 1: Commercial Site Development Standards, of
Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows (new
text underlined; deleted text in strikeout):
Table 1:Commercial Site Develo ment Standards
Zoning Minimum Minimum Lot Building Front Interior Corner Site Rear
Lot Area Lot Width Coverage Height Yard') Side Yard(') Yard')
Yard(')
C2 Central 200 2_000 N/A 100 50 feet None, 10 None, 10 None, 10 None, 5
Commercial sq.ft. Percent(Z) feet when feet when feet when feet when
District(3)(Sec. property property property property
9233) abuts "R" abuts "R" abuts "R" abuts "R"
District District District District
SECTION 31. Section 9230, Table 1: Commercial Site Development Standards, of
Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows (new
text underlined):
Table 1:Commercial Site Develo ment Standards
Zoning Minimum Minimum Lot Building Front Interior Corner Site Rear
Lot Area Lot Width Coverage Height Yard') Side Yard(') Yard(') Yard(')
CG 3,000 sq.ft. 70 feet 100 35 feet 10 feet None, 10 None, 10 None, 15
Commercial Percent(2) feet from feet from feet when
General ultimate ultimate abutting a
District street right- street right- Single-
(Sec. 9235) of-way or of-way or Family
adjoining adjoining Dwelling, 5
residential residential feet when
lot lot abutting an
alley or
private
easement
SECTION 32. Section 9232(a)(2) of Part 3 of Chapter 2 of Article 9 of the TCC is
hereby amended by adding new Subsection (g) and subsequent sub-lettered sections
are re-lettered accordingly (new text underlined):
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(g) Fortunetelling.
SECTION 33. Section 9233 of Part 3 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout)-
9233 — RET-411
trikeout):9233 - 1 CENTRAL COMMERCIAL DISTRICT (C2)
SECTION 34. Section 9233(a)(1) of Part 3 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (deleted text in strikeout):
All uses listed as permitted in the C1 District, subject to the use and development
criteria specified in Section 9232 (8XG8pt 6168's lictfad Permitted belew)
SECTION 35. Section 9233(b)(1) of Part 3 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
All conditionally permitted uses in the C1 District, subject to the development
and use criteria specified thereto (except uses listed as permitted in Section
9233a aro permi#94)
SECTION 36. Section 9234(a)(1) of Part 3 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (deleted text in strikeout):
All uses listed as permitted in the C3 Districts, subject to the use and
development criteria specified thereto (8XG8pt , Som listed ac permitted belew)
SECTION 37. Section 9235(b)(1) of Part 3 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (deleted text in strikeout):
All uses listed as permitted in the C2 Districts subject to the use and
development criteria specified thereto (8XG8pt , Som listed ac permitted belew)
SECTION 38. Section 9235(c)(1) of Part 3 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (deleted text in strikeout):
All uses listed as conditionally permitted in the C1 and C2 Districts subject to
the use and development criteria specified thereto (8XG8pt , 6AS "StAd in
ContiGR 9235h .pro peFmitted)
SECTION 39. Section 9244(d)(5) of Part 4 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
5. Repealed. Large
family day Gare hnmoc (s bj8Gt to the PFGVicinnc cot forth
in Cont0A_n 9271 aa)
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SECTION 40. Section 9244(f) of Part 4 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (deleted text in strikeout):
The following uses (or uses which, in the opinion of the Community Development
Director and/or the Planning Commission, are similar) may be permitted in the
Planned Community IPP' al District (PC) subject to the issuance of a
Conditional Use Permit and subject to the development standards identified in
Table 1 of Section 9240 and/or as specified in this Chapter.
SECTION 41 . Section 9252(j)(3)(d)(3)(b) of Part 5 of Chapter 2 of Article 9 of the TCC
is hereby amended to read as follows (new text underlined; deleted text in strikeout)-
On-site parking requirements may be waived satisfied upon the presentation to
the City of a long-term lease, running with and as a condition of the business
license, for private off-site parking accommodations within 388 500 feet of the
business or activity to be served in accordance with Section 9266(b)(2).
SECTION 42. Section 9252(j)(3)(d)(3)(d) of Part 5 of Chapter 2 of Article 9 of the TCC
is hereby amended to read as follows (new text underlined; deleted text in strikeout):
Development proposed within the Downtown Commercial Core Specific Plan
beth tho G8Rtral Gernmernial Dicfrinf ((`_2) aR d tho Old T-GWR (`nmmornial
may satisfy all or a portion of the required number of on-site parking spaces
through the payment of a fee, in an amount determined by Fee Resolution of
the City Council, upon a determination of the T, +ir, Dl.;nniRg (;Gmmiooi-
Planning Agency that the proposed project meets the following findings:
1 . The proposed project is an infill and/or rehabilitation project located
within the commercial district of Old Town.
2. That the proposed project is considered to be relatively small.
3. That the proposed project has incorporated building or site design
enhancements that make it an outstanding addition to Old Town
Tustin.
4. That the proposed project provides some on-site parking, but is
aesthetically superior to one that provided all required parking on
site.
5. That the project applicant shall agree to pay an annual fee for each
public space not provided on site in an amount determined by Fee
Resolution of the City Council.
6. c th8r fiRdiRgS that may he adnptecfmirermrrtime t8time by the Gi y
That the proposed project is consistent with the General
Plan.
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1378023.4
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SECTION 43. Section 9262(b)(1) of Part 6 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined):
Required off-street parking areas and access ways shall be made permanently
accessible., available, marked and maintained for the purposes of temporary
vehicle parking and access only. Required parking shall not be:
SECTION 44. Section 9263, Table 1 : Parking Requirements by Land Use, of Part 6 of
Chapter 2 of Article 9 of the TCC is hereby amended to read as follows (deleted text in
strikeout):
Land Use Type Parking Spaces Required
Large family day Gare hnmos 1 sspano fnr o�ah nnnroa�on nln�ioo in �ililifinn
T GTi fQr-ri CL �T�ffri GTf ,G1�TG'QGffRCI"f
fn fho F89 iOF8d rosii-Ionfial spaG86 plus adequate
drnn_nff area as appreyed by the (`nmmi inity
SECTION 45. Section 5502 of Part 6 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined):
A parking study prepared by a California licensed traffic engineer or civil
engineer experienced in the preparation of such study shall be submitted by the
applicant demonstrating that no substantial conflict will exist in the peak hours
of parking demand for the uses for which joint use is proposed. The
methodology to be used in preparing the study shall be that promulgated by the
Institute of Transportation Engineers (ITE), the Urban Land Institute (ULI) or
other industry-accepted methodology, as determined by the Community
Development Director;
SECTION 46. Section 9266(d)(1) Table 2: Minimum Parking Stall and Lot Dimensions
of Part 6 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows:
(new text underlined; deleted text in strikeout)-
One-Way Traffic and Double Loaded Aisles in Parking Lot
Parking angle Stall depth, including bumper overhang Aisle width (travel lane) Total bay depth
(degrees)
60 1 21 feet 1 18 i4�feet 60 feet
SECTION 47. Section 9266(d)(2)(f) of Part 6 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined):
Overhang. Parking stalls and wheel stops may be designed to allow a vehicle
to overhang into landscaped or hardscaped areas a maximum of two (2) feet. A
vehicle overhang shall not encroach into any required walkway, drive aisle or
other required path of travel, including ADA path of travel.
Ordinance No. 1524
1378023.4
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SECTION 48. Section 9267(a)(6) of Part 6 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
Garages shall have a minimum unobstructed back-up area of twenty-five feet,
portions of which may include the public right-of-way, private driveway, private
street, or alley and shall comply with the Planning Standard Where ^arm^
fare-ear__h ether 's-arpd-are-se ate h� ed dtHFQooiayi the minimum
�'�eway �Ag+dtheh�a-tW^Rt (25) feet. See-Fzig6ie-I Q (Minimum Driveway
Width for Garages with Shared Driveway)? as approved by the Director of
Community Development.
SECTION 49. Section 9269 Part 6 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined):
"Retail Center (Small)." A commercial property that includes a range of tenants
with less than 30,000 square feet of gross floor area.
"Retail Center (Large)." A commercial property that includes a range of tenants
with 30,000 square feet or more of gross floor area.
SECTION 50. Section 9270(b)(3) of Part 7 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
3. Requests for more than one (1) year require approval of a Conditional Use
Permit (CUP) by the DlaRRiRg comic c i^r Zoning Administrator.
SECTION 51 . Section 9271(d) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
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 GGRditi^nal Use D^rmi+ Design Review
approval in each case.
SECTION 52. Section 9271(aa) of Part 7 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
as Repealed. Child Gage Canili+i^s,
1 Finamily Day Gare Hem^
Family day Gape hernes,,R9large family day Gar�damall family day
n r c � tthaGaIif^rnia G^de. Health carr`ra
Safety (`ede All �-a ruar^ h^m^ r^ s il- erut t^ the Feg ilati^no a depte-1 and
vta-r
onf^rned by the State Ciro �/Iarshal and OraRg8 GG Rty Ciro Ai th^rity and miicf
Ordinance No. 1524
1378023.4
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Page 15
GE)Fnply With preyissip-pC / f the State I Inifnrm Ri wilding Cede and Gity of
Ti actin Ri iiIding regi iiremen+s
Large family day Gare hnmoc are alse si ihien+ +e the felling prn�iisinns
(a) nartG GrmrrrFRGREbQA:crr ncA-f epeicrtiGn of ani IaFge family day Garo�hemc
the appliGan+ fnr a permit shall Gemple+e and submit an appliGa+inn +e
the Gemmiinity DeVelepment Department Inferma+inn preVided en the
permit shall inGliide• Name of opera f home• and a list
F�. cn�ac-rvarrrc-vr-Q�crc��$r, ��r e,�vn-r�arra--a-rrsr
of nrnperty eWners Vyithin a 1(1(1499t radii is of the eVterler proper+'i
hei ipdary of the prepesed day Gare home
(b) Large family day Care shall he epeFated in a manneF Ret
e�E� tSe Irebce�1 � astipGOae vydTlna�nrGe, prer 6rhrcanlTl
si iGh day Gare hnmoc he allewed +e epem+e in a mapper that mini ilrl
i ii-63�;RRG8teRp�hering prepeelptieS 4 d;;y Gere hnme Shall,
by-dac GGa IayE) t aveid an i pnten�l seise vVhi
"�y��� �" ccrr i--rrvTa�av-r-rr
GGRGAiti-I+e�.S.A.RGe +n nnighhnrinn prnpnr+ino
(G) A Per�ch. + be gFaRtb9d fnr A I.-rne family day GaFe�hpXle that
mini ilrl he es+a hlis hod �nii+hip +h roe hi ipdred (390) fee+ of +he ev+erinr
prrepperty hei indarie f an i eX4vtiRg liGeRSed large family day
Gare hnme
(d) nAll pFep 9�Agpeps Aiithin a 1 QQ r�aa
feet radi-i erie��
-ra�v-C�f r et
-X c `TAY
hei ipdary of a prepesed large family day Care hnme as shE)wp ep
cc auk-ai-c-n-vrrr� r
last eq lalize (`ni ussessme+ roll ohA11 hn nntifiiad of+hn intent to
establish si iGh a hnme
(e)(e\ Ne h n appli tiGR fnr a permit shall he h by the RI
Ne Ec�tFHi-r-rvr-cTFrcn-n-rra-rcrrr-r�-c�-r cn-�.
Gemmissiep i ipless a hearing is regi iested by the appliGant er a
property GWRer Within a 1(1(1499t radii is of the ev+erinr bei indary of the
prheppGG Gl home If nn hpaFjygjs Feq6icsted, the per�t shall he gran E?d�
if the large family day Gare home Gnmplies VVi+h the preVisiens of this
(f\ The play yard of hnme mi ist he ed b y a minimi im v fee h
tri ��vrrrc-rrravc-rs�e♦-�} �ccrp�ar�v�,�ra�
ft-Q }ce sethaGL from the regi aired front yard
(g\ A pmt fnr a large family day Care hnme shall nn a gran+ fnr an i
t97�F' a-cr�-ai-c-n-vrrr�a-rcrrr-r-r� r
IeGatlen that has en the preperty a sWimming peel as defined by the
Inifnrm SWOMMing Reel Spa and He T-6ib (`ode as-iced
(h\ The applinant shall he linens er deerAef`tG he eXpnLtf-em linen�Ic
t^�^c-a�rtcurrrarrurrac�rccrra , cGGTTIITT�i GI C�- `"'������hh'' vrmTccrr
by the State of Galifnrnia tAepeFate a large family day Gare home
Ordinance No. 1524
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The PFGVi6iGR6c�rrt;_;iT1R1 in thiChaptershall R GtPF8c Ido tho�Y
from revekiRg an i permit gran+erl fGra large family day Gare heme
nveGe .S �f F.ted-by the DIanning GemmissiieR t
determine if girl use is heiRg eperated in a manner that may be
detForneR�tal te the eal+h safety r Bei IfaFe Gf the nr,mmi inity r r
err,�aTet�Qrv�enurc-Qrcrn. cvvr
si irrei RdiRg nrener+ies
SECTION 53. Section 9271(i)(1)(b) — (c) of Part 7 of Chapter 2 of Article 9 of the TCC
is hereby amended to read as follows (new text underlined; deleted text in strikeout):
(b) No fence, solid hedge or wall ever three (3) feet and over in height shall
be erected in the required front yard setback.
(c) Any fences, solid hedges or walls located in any required rear or side
yard abutting the intersection of a street, alley or driveway shall comply
with the Planning and/or Public Works Standard(s) be s, bj8Gt +e +he
Intersection Site Distance Ferri firemen+s es rle+ermined by +he Dihlin
\/awn.s Departrn8t-Stt-9 d+StA-RG-e s+enrlerrls HRIess appreyerl in W 4 inrr
as approved, in � � by the e# Community Development Director
lienor+men+ and/or Public Work Director.
SECTION 54. Section 9271(n)(5) of Part 7 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout)-
14-11 11 annessery s+n in+i ares sh.311 he 1er..;+erl .; minimi .M. of tWGRt y (29) feet from
street rights ef way; previded, hewever, that aGG86SE)PY 6#61GWres abuttiRg a
State Highway, `"here Re anness is nermi++erl may have a zero feet se+har-k
Detached accessory structures shall not be located within the front yard
setback except as permissible for a Statewide Exemption ADU as defined in
Section 9297 in accordance with Section 9279.
SECTION 55. Section 9271(ff) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
All uses (including storage) shall be conducted within a completely enclosed
building except those that are specifically permitted er and effectively screened
from view, except for off-street parking, loading, approved temporary uses, or
any outdoor dining space specifically permitted in conjunction with eating
establishment and approved design review and/or Conditional Use Permit,
variance or as otherwise exempted within this Chapter.
SECTION 56. Section 9271(gg)(viii) of Part 7 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
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No activity which generates excessive pedestrian traffic.,of vehicular traffic., or
vehicular parking in excess er of that otherwise normally found in the zone.
SECTION 57. Section 9271(ii)(a) of Part 7 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout)-
Roof-mounted equipment screening height shall be a minimi im ^f civ (6) in^hoc
"
thetallestPTGGE? ef eq6iipmTapt ;;Pa constructed so that 1R a way as4G
offo^+iVGly ^^roor the equipment is not visible from the adjacent fr^m view at
right-of-way or adjacent property, at grade level.
SECTION 58. Section 9278(f)(1) of Part 7 of Chapter 2 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
(c) The requested accommodation would not impose an undue financial or
administrative burden on the City; aP4
(d) The requested accommodation would not require a fundamental
alteration in the nature of the City's land use and zoning codes and
policies-,-
SECTION
olicies-;SECTION 59. Section 9278(f)(1) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby
amended by adding new subsection (e) to read as follows (new text underlined):
(e) The requested accommodation is found to be in conformance with the
General Plan in that it provides for a variety of housing types, meets the
needs of all community residents commensurate with identified housing
needs in the City's Regional Housing Needs Assessment and promotes
fair housing opportunities for all people regardless of their special
characteristics.
SECTION 60. Section 9292(c) of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
c Application
Application for variance shall be made in writing by a property owner, 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. They shall be accompanied by a fee in
an amount determined by Fee Resolution of the City Council ^f ^no h inrlrorl
tWE?Rty fiVG dellaFs ($125.99), a plan of the details of the variance requested,
and evidence showing (1 ) that the granting of the variance will not be contrary
to the intent of this Chapter or to the public safety, health and welfare, and (2)
that due to special conditions or exceptional characteristics of the property, or
Ordinance No. 1524
1378023.4
Ordinance No.1524
Page 18
its location, the strict application of this Chapter would result in practical
difficulties and unnecessary hardship.
SECTION 61 . Section 9292(d) of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
Upon receipt of an application for variance and deeming the application
complete, the Planning Commission shall set a date for a public hearing on said
application; said hearing shall be held within forty-five (45) days after the fi4pff
of the application is deemed complete. Notice of such hearing shall be given as
set forth in Section Q1�9296b.
SECTION 62. Section 9295(c) of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
Any amendment of the nature specified in Section 9295b hereof may be
initiated by (1 ) the filing with the Planning Commission of a resolution of
intention of the City Council; (2) passage of a resolution of intention by the
Planning Commission, or (3) filing with the Planning Commission of a petition of
one or more record owners of property which is the subject of the proposed
amendment or their authorized agents. A petition for amendment shall be on a
form designated therefor by the Planning Commission and shall be
accompanied by a feein an amount
determined by Fee Resolution of the City Council. (Ord. No. 451 , Sec. 10)
SECTION 63. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
"Historic Resources Survey" means the citywide historical resources survey
update report and any subsequent updates.
"Historic Context Statement" means an in depth narrative
account of the city's development history as reflected by its built environment as
described in the City's Historic Resources Survey.
"Large Family Day Care Home" pursuant to California Health and Safety Code
definition. A�rit#ci1eVe�nnmorr+rS�afiiI _rruS T(v-(` Qonterrr1r2271 Aaa (QFd Ne
SECTION 64. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended by revising the definition of "Building Accessory" to read as follows (new text
underlined; deleted text in strikeout):
Ordinance No. 1524
1378023.4
Ordinance No.1524
Page 19
"Building, Accessory" means a subordinate structure or building including
shelters,er pools, or garages, the use of which is incidental to that of the main
building on the same lot and/or building site.
SECTION 65. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended by revising the definition of "Structure" to read as follows (new text underlined;
deleted text in strikeout):
"Structure" means anything constructed or erected, the use of which requires
location on or in the ground, or attachment to something having location on the
ground, ir,^', diRg 6,e,imminrr ^^^'&, excluding in-ground and above-ground
swimming pools, driveways, flatwork forap ved, uncovered patios or surface
parking spaces.
SECTION 66. Section 9299(b)(3)of Part 9 of Chapter 2 of Article 9 of the TCC is
hereby amends (k) and (1) to read as follows (new text underlined; deleted text in
strikeout):
(k) Temporary uses f^r a PeriGd ^f m^re fh;;n ^ne (1) year. Painted wall
signs to include murals or graphics which do not promote a product or
business but which depict a scene or image.
(1) Rr�ci Hca- Roof signs on buildings listed within the City's Historic
Resources Survey. (Ord. No. 1317, Sec. 11, 9-18-06; Ord. No. 1497, Sec.
4(Att. C), 7-3-18)
SECTION 67. Section 9299(b)(3) of Part 9 of Chapter 2 of Article 9 of the TCC is
hereby amended by adding new subsection (m) to read as follows:
(m) A master sign plan requesting deviations from standards contained in
this chapter provided that the project is a center and a single
development project of at least thirty thousand (30,000) building square
feet or one (1) acre in project size.
SECTION 68. Section 9299(c)(3) of Part 9 of Chapter 2 of Article 9 of the TCC is
hereby amended by adding new subsection (e) to read as follows
(e) All other specified development applications that are subject to action by
the Zoning Administrator shall be granted only when such applications
are found to be in conformance with the General Plan.
SECTION 69. Section 9331(d)(3) of Part 3 of Chapter 3 of Article 9 of the TCC is
hereby amended to read as follows (new text underlined; deleted text in strikeout):
Ordinance No. 1524
1378023.4
Ordinance No.1524
Page 20
Fees in lieu of dedication.
When there is no public park or recreational facility required within the proposed
subdivision, the subdivision is less than fifty (50) parcels, or the project is a
conversion of an existing apartment complex to multiple-owner occupancy not
exempted herein, the subdivider shall pay a park fee, on a per unit basis,
reflecting the value of land required for park purposes. The value of the amount
of such fee shall be based upon the fair market value of the amount of land
which would otherwise be required for dedication.
The fair market value shall be determined by a Master Appraisal Institute (MAI)
appraiser Wool Designated member of the Appraisal Institute acceptable to the
City and at the expense of the subdivider; and the determination shall consider
the value of a buildable acre of land at the time the final map is to be recorded,
as if otherwise the land would be fully developed to the residential density
shown on the tentative map for which the fees are required. If more than one
(1) year elapses between the appraisal and recording of the final map, the City
will require that a new appraisal be prepared at the expense of the subdivider.
For purposes of this section, the determination of fair market value of a
buildable acre shall consider, but not necessarily be limited to, the approval of
and conditions of the tentative subdivision map, the General Plan, zoning,
property location, off-street improvements facilitating use of the property, and
site characteristics of the property.
If a subdivider objects to the fair market value as determined by the
appraiser Designated member of the Appraisal Institute, an appeal may be
made to the Planning Commission. The subdivider shall have the burden of
proof in contesting the appraised value.
Nothing in this section shall prohibit the dedication and acceptance of land for
park and recreation purposes in subdivisions of fifty (50) parcels or less, where
the subdivider proposes such dedication voluntarily and the dedication and land
is acceptable to the responsible decision maker.
For subdivisions in excess of fifty (50) parcels, the responsible decision maker
may elect to receive a fee in lieu of land dedication. The value of the amount of
such fee shall be based upon the fair market value of the amount of land which
would otherwise be required for dedication as determined above.
Notwithstanding the foregoing, dedication of land may be required by the City for a
condominium, stock cooperative, or community apartment project which exceeds fifty
(50) dwelling units, regardless of the number of parcels.
SECTION 70. Section 9403(a)(2) of Chapter 4 of Article 9 of the TCC is hereby
amended to read as follows (deleted text in strikeout):
2. A separate permit shall be required for each sign or group of signs in one (1)
location. In addition to the requirements set forth in this section, all
Ordinance No. 1524
1378023.4
Ordinance No.1524
Page 21
applicable building and electrical permits shall be obtained in accordance
with the Uniform Building Code and the Uniform Electrical Code.
the sigR se as te be r adiIy visible. The
n � ar4tyrg shall ridlG orfgn roc it
nrrmh� ate apld.lnrrG (piFat9nrdate fnr aRY SnrC9natF^t n
Gmmplian^e With the pfeyiSinnS of this Chapter.
SECTION 71 . Section 9403(d)(1)(e) of Chapter 4 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
e. A valid temporary sign permit shall be made available upon request for City
review and inspection during times when a banner is displayed. Feer„ banner
display.SigR shall display a Gity issued pe.FrAit ild-89PtifyiRg the appreved dates fer the
Banner signs displayed without a City permit or on non-approved
dates may be removed by the City.
SECTION 72. Section 9404(a)(1)(p) of Chapter 4 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
(p) Roof signs, except rooftop signs displaying only company name or logo on
a flat roof so not to be seen from a horizontal plane of view below the roof
line and approved as part of a Master Sign Plan pursuant to 9403h or
9404b6; and roof signs on buildings listed within the City's Historic
Resources Survey pursuant to
SECTION 73. Section 9404(b)(4) and Section 9404(b)(6) of Chapter 4 of Article 9 of
the TCC is hereby amended to read as follows (new text underlined; deleted text in
strikeout):
4. Reserved. Painted wall signs to in^li dG mi Fals nr gFaphi^S Whi^h GIG net
nremete a nrnrli i^t nr hi iSineSS h'it Whi^h deni^t a S^ene nr imine
6. Reserved. master Sinn plan rens iestinn StAndlA.r S
^nnt.;inei-I OR this ^ph/'aptfo } thirty
rnreyided that
�/the nrnio^t is a ^oo
ratr .Ani-I .A siRgIE?
Ql.iV MeRt�jeG '
` "' `^ feast-CCTTeu inn 6
9 e feet
nr nne (I) a^re in nrnie^t size
SECTION 74. Section 9703(b) of Chapter 7 of Article 9 of the TCC is hereby amended
to read as follows (new text underlined; deleted text in strikeout):
The Landscape Documentation Package shall include a certification, bearing
the signature of a licensed landscape architect, licensed landscape contractor,
or any other person authorized to design a landscape plan by a IaRGIS^ane
aFGhite^t appFenriatel„ li^ensed in the State of California stating that the
landscape design and water use calculations have been prepared by or under
Ordinance No. 1524
1378023.4
Ordinance No.1524
Page 22
the supervision of the signatory 'i^ep.sed '.Rd6Gap9 ar^";+o..+ and are certified to
be in compliance with the provisions of this Chapter and the Guidelines.
SECTION 75. Effective Date. This Ordinance shall take effect on the 31St day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption
of the Ordinance and cause this Ordinance to be published as required by law.
SECTION 76. CEQA Exemption. The City Council finds that the proposed Ordinance is
not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources
Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA
Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it can be seen
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.
SECTION 77. Severability. If any section, sub-section, clause or phrase in this Ordinance
is for any reason held out 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, clause, phrase or portion
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this day of , 2022.
AUSTIN LUMBARD, Mayor
ATTEST:
ERICA N. YASUDA, City Clerk
Ordinance No. 1524
1378023.4
Ordinance No.1524
Page 23
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1524
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Ordinance No.1524 was duly
passed, and adopted at a regular meeting of the Tustin City Council held on the _ day
of , 2022, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Yasuda, City Clerk
Published:
Ordinance No. 1524
1378023.4