HomeMy WebLinkAbout12 CODE AMENDMENT 2022-0002 (ORDINANCE NO.1524)-(CODE STREAMLINING AND IMPROVEMENT PROGRAM)DocuSign Envelope ID: F31 D1 073-2A1 C -44F6-9616-191 E7AF1 8364
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item 12
AGENDA REPORT Reviewed: E
City Manager
Finance Director N/A
JULY 19, 2022
MATTHEW S. WEST, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
CODE AMENDMENT 2022-0002 (ORDINANCE NO. 1524) — (CODE
STREAMLINING AND IMPROVEMENT PROGRAM) (INTRODUCTION
AND FIRST READING)
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 (CA) 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amendments to sections that lack clarity, outdated, or do not respond to current market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 CA 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.
On May 24, 2022, the Planning Commission adopted Resolution 4452 (Attachment A),
recommending that the City Council adopt Ordinance No. 1524, approving, CA 2022-
0002. The Planning Commission Minutes are provided as Attachment B for reference.
RECOMMENDATION:
That the City Council introduce and have a first reading of 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.
FISCAL IMPACT:
No impacts to the General Fund are anticipated.
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Code Amendment 2022-0002
July 19, 2022
Page 2
CORRELATION TO THE STRATEGIC PLAN:
This action correlates to the City's Strategic Plan Goal E for Organizational Excellence
and Customer Service, Strategy 3 to conduct a review of the development approval
process to identify streamlining opportunities, and implement a plan of improvement.
APPROVAL AUTHORITY:
The TCC 9295g authorizes the City Council to adopt zoning code amendments following
a recommendation by the Planning Commission and a public hearing.
BACKGROUND:
The goal of the Code Streamlining and Improvement Program is to implement changes
to the TCC in order to streamline development review processes. Proposed CA 2022-
0002 also corrects typographical errors, correct inconsistencies and outdated references
to State laws. To achieve these objectives, various code sections are proposed to be
added, deleted or amended, and a summary of the proposed amendment is included in
Attachment C.
Consistency with the Tustin General Plan
The proposed CA 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 July 7, 2022, informing the
public of the City Council public hearing for proposed CA 2022-0002. In addition, the
public notice was posted at Tustin City Hall, the Tustin Library, and the Tustin Area Senior
Center.
ENVIRONMENTAL ANALYSIS:
The proposed CA 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.
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Code Amendment 2022-0002
July 19, 2022
Page 3
CONCLUSION:
Proposed CA 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 City Council introduce and conduct a first reading of Ordinance No.
1524 (Attachment D), 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 Code Streamlining and Improvement Program to
provide clarity, consistency of terms and definitions, and compliance with State law and
set the second reading for the next regularly scheduled City Council meeting.
DocuSigned by:
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Irma Huitron
Assistant Community Development
Director - Planning
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Raymond Barragan
Principal Planner Consultant
Attachments:
DocuSigned by:
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Justina L. Willkom
Community Development Director
A. Planning Commission Resolution No. 4452
B. Planning Commission Minutes — May 24, 2022
C. Summary of Code Amendments
D. Ordinance No. 1524 ("Redlined")
E. Ordinance No. 1524
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ATTACHMENT A
PLANNING COMMISSION RESOLUTION NO. 4452
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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:
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.
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ATTACHMENT B
PLANNING COMMISSION MINUTES
MAY 24, 2022
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
MAY 24, 2022
7:00 p.m. CALLED TO ORDER.
Given. INVOCATION: Pastor Michael Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Lisa Chu, Commissioner
Present. ROLL CALL: Chair Mello
Commissioners Chu, Higuchi, Kozak
Absent. Commissioner Mason had an excused absence.
None. PUBLIC INPUT: Hurtado confirmed no public input was received.
Approved CONSENT CALENDAR:
the Consent
Calendar,
as
presented.
1. APPROVAL OF MINUTES — MAY 10, 2022
CIxKS]LVA li•12101D7_rI[Q►A
That the Planning Commission approve the Minutes of the May 10, 2022
Planning Commission meeting, as provided.
Motion. It was moved by Chu, seconded by Higuchi, to approve the Minutes of the
May 10, 2022 meeting, as provided. Motion carried: 3-0-2*. Mason had
an excused absence. *Mello abstained from the vote due to his absence
from the previous meeting.
2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCE FOR MEETINGS
In order for the Planning Commission to continue to have the option to
meet via teleconference during the pandemic, AB 361 requires the
Commission to make specific findings at least every thirty (30) days.
RECOMMENDATION:
Make the following findings by a majority vote of the Planning
Commission:
Minutes — Planning Commission May 24, 2022 — Page 1 of 10
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Motion
Adopted
Reso. No.
4450, as
provided.
Barragan
Barragan
a. A state of emergency has been proclaimed by California's Governor
due to the COVID-19 pandemic, and continues to be in effect;
b. The Commission has reconsidered the circumstances of the state of
emergency; and
c. State and local officials continue to recommend measures to promote
social distancing to slow the spread of COVID-19.
It was moved by Higuchi, seconded by Kozak, to approve the Consent Calendar,
as presented. Motion carried 4-0-1. Mason had an excused absence.
PUBLIC HEARING:
3. CONDITIONAL USE PERMIT (CUP) 2021-0030 AND DESIGN REVIEW
(DR) 2021-0016
APPLICANT/
PROPERTY OWNER
LOCATION:
ENVIRONMENTAL:
Hamid R. Mir, M.D
Nalsh, LLC
220 Newport Center Drive, #11-282
Newport Beach, CA 92660
17631 Seventeenth Street
This project is Categorically Exempt pursuant to Section 15332 (Class 32)
of the California Environmental Quality Act (CEQA).
REQUEST:
A request to establish a new development plan for the construction of an
11,323 square foot, two-story medical office building located at 17631
Seventeenth Street.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4450 approving CUP
2021-0030, to authorize construction of a new development plan and DR
2021-0016, for building design and site layout for a new medical office
building located at 17631 Seventeenth Street within the Planned
Community — Commercial (PC -COM) District.
Presentation given.
Barragan stated City staff received one (1) letter of concern from a neighboring
property owner which included: lighting, landscaping, and the trash enclosure
location. He stated that the areas of concern will be addressed as follows: light
Minutes — Planning Commission May 24, 2022 — Page 2 of 10
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Barragan poles are going to be required to have light shields to direct light away from the
residential zones and uses; landscaping will be maintained with certain existing
trees along the property (north/east property lines) and new landscaping will add
to screening; trash enclosures will not be located near any residential structures,
to the east - the trash enclosure will be located closest to the end of cul-de-sac
and adjacent to the carports for the condominiums.
Chu Chu's questions/comments generally included: whether the Commission is
supposed to make a finding that the development or construction of the
professional or general office use would be "more compatible" with surrounding
uses in the area than retail commercial uses on the subject property; and does
the project have to be "more compatible" or "equally compatible?
Willkom Willkom's response to Chu's questions generally included: the zoning of the
property is designated as Planned Community Commercial, which generally
allows retail and office uses; the district regulation indicates that should an office
use be proposed on the site, the Commission needs to look at the proposal and
via the CUP then make a determination that the office use will be more
compatible than a retail use; to assist the Commission, staff looked at the site
and the surrounding area; the proposal for a medical office is compatible with the
medical building located across Treehaven Lane; considering that the site is an
adjacent residential use, medical use would be more compatible in terms of
hours of operation as they are typical of an office use versus retail or restaurant
use being open late hours; staff also looked at the site design and building siting;
the proposal is designed so that the building is away from the residential area
and more towards the intersection; ultimately, staff considered the proposal to be
more compatible than retail use and thus the recommendation to the
Commission; and staff included several findings for the determination which were
included in the proposed resolution.
Higuchi Higuchi asked if there was ever a grease interceptor on the property previously
and asked when the development application was submitted originally.
Willkom Per Willkom, there must have been a grease interceptor on the property
previously since the site was a restaurant. Staff did not have the information at
that moment as to when the development application was submitted.
Kozak Kozak toured the project site and he felt it was an appropriate use of that vacant
property. He made favorable comments regarding the new landscaping and
screening to the east and the north, and was pleased the mature trees on-site
will be maintained. Kozak was pleased to find out that there will be light shields
to take care of the lighting concern.
Mello Mello echoed Kozak's comments regarding the trees (screening). He questioned
the photometric plans and asked whether the photometric plan considered the
screening provided by the trees. Mello also asked why the need for organic waste
recycling on a medical facility.
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Barragan Per Barragan, the lighting levels shown on photometric plans is without the trees.
He explained the organic waste recycling is a State requirement. Also, the
organic waste recycling is not related to any biological waste and it is a
completely separate process handled inside the building which is governed by
Cal/OSHA and Centers for Disease Control and Prevention (CDC). Barragan
added that the applicant will enlist a vendor to properly dispose of any biological
waste.
Higuchi Higuchi asked Barragan for examples of the types of organic waste being
disposed of in the outdoor bins.
Barragan Barragan explained that the types of organic waste could be any landscaping
material, lunch scraps, etc. Again, it is a State requirement that the bins be
located on the project site.
7:28 p.m. Mello opened the public hearing and invited public input.
Hurtado Hurtado confirmed no public input was received.
Mr. Mike Mr. Mike Schaeffer, architect for the project, was present to answer questions of
Schaeffer the Commission.
Chu Chu asked if the property owner had any other development ideas for the project
site, other than the proposed commercial. She asked, being that the project site
was formerly a restaurant, why a professional/medical building was being
proposed, especially since she understood the owner does not have any other
tenants in the building. Chu wanted to understand why the property owner would
get rid of a restaurant building in place of a professional/medical building.
Mr. Mike Mr. Schaeffer stated that the project is being developed by a physician who has
Schaeffer his own practice, which will locate the medical practice in the building as well as
other physicians, such as physical therapy, and other modalities associated with
that type of medical practice.
Mello Mello asked about the types of medicine being practiced inside the building and
how much of the building space the applicant would be using. He also asked
when work would begin on-site.
Mr. Mike Mr. Schaeffer stated that the applicant is an orthopedic surgeon so typically there
Schaeffer would be medicines associated with physical therapy or other modalities. He
further explained that between the applicant's practice and the procedures he
conducts, he will more than likely be using seventy-five (75) percent of the
building space, along with the other physicians joining him. Per Mr. Schaeffer, if
the project is approved, with the City's approval process, the applicant plans to
start work as soon as possible.
7:33 p.m. Mello closed the public hearing.
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Higuchi Higuchi made favorable comments to the applicant for investing in the City of
Tustin.
Chu Chu made favorable comments regarding the design of the project and the
modern look. She did have some concern with the project site and stated that
personally she feels that there could be multiple family buildings and it could be
more compatible to the surrounding residential areas due to the current housing
crisis.
Kozak Kozak added his support to his fellow Commissioners comments and he looks
forward to the opening of the new building.
Mello Mello understood the housing crisis problem, and stated that the site is not zoned
for housing. It is a great project for the proposed parcel, which has been vacant
for many years. He was in support of the item and also thanked the applicant for
investing in the City of Tustin.
Motion: It was moved by Mello, seconded by Higuchi to adopt Resolution No. 4450, as
presented. Motion carried 4-0-1. Commissioner Mason had an excused
absence.
Adopted 4. CODE AMENDMENT 2022-0002 (ORDINANCE NO. 1524) - (CODE
Reso. No. STREAMLINING AND IMPROVEMENT PROGRAM)
4452, as
presented.
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 also streamlines
the entitlement process in order to increase effectiveness and efficiency.
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.
Huitron Presentation given.
Higuchi Higuchi asked when the Commission would revisit the code amendments and
what the limits of amending the codes would be before triggering CEQA (i.e. the
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Higuchi City's residential zoning code minimum lot size is 10,000 square feet. Could the
City amend the code to 5,000 square feet?)
Huitron Per Huitron, it takes a lot of staff time to revise the zoning code. Any future clean-
up of the zoning code will be brought back to the Commission in either July or
August, which will be on focused topics than what was presented that evening.
She added that staff would bring back a variation of code amendments, similar
to this item, towards the end of the year. Huitron added that at this point, staff is
focusing on code amendments that would not trigger CEQA.
Hurtado Hurtado confirmed no public input received.
7:47 p.m. Mello opened/closed the public hearing.
Higuchi Higuchi thanked staff for hearing his complaints, since he has been a
Commissioner, regarding items coming before the Commission (i.e. Casa De Sol
and the CUP needed for a mural). He had concern with the amendment in
Section 61 of the proposed Resolution No. 4452. It leaves discretion for staff and
there is no finality on streamlining. Higuchi thanked Huitron for her work on this
great task.
Kozak Kozak thanked staff for their hard work and he was in favor of the item and
supportive of the action.
Chu Chu also echoed Kozak's favorable comments.
Mello Mello also echoed his fellow Commissioners for their favorable comments. He
was also in support of the recommended action.
Motion: It was moved by Kozak, seconded by Chu, to adopt Resolution No. 4452, as
presented. Motion carried 4-0-1. Mason had an excused absence.
Adopted 5. CODE AMENDMENT 2022-0001 (ORDINANCE NO. 1523) - (SENATE
Reso. No. BILL 9 — TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN
4451, as LOT SPLITS)
amended.
SUMMARY:
This project is a City -initiated request to amend Chapter 2 (Zoning) and
Chapter 3 (Subdivisions) of Article 9 (Land Use) of the Tustin City Code
(TCC) to regulate qualifying Senate Bill 9 (SB 9) two -unit residential
developments and urban lot splits within single-family residential zones in
accordance with California Government Code Sections 65852.21 and
66411.7.
Minutes — Planning Commission May 24, 2022 — Page 6 of 10
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RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4451,
recommending that the Tustin City Council adopt Ordinance No. 1523,
amending Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9
(Land Use) of the TCC to regulate qualifying SB 9 two -unit residential
developments and urban lot splits within single-family residential zones in
accordance with California Government Code Sections 65852.21 and
66411.7.
Huitron Presentation given.
Huitron Since this is a Public Hearing item, Huitron informed the Commission that staff
received a phone call from Kenneth Lee that day and the person stated they were
in support of SB 9 Ordinance. Staff also received written correspondence from
California Renters Legal Advocacy and Education Fund which was provided to
the Commission and posted on the City's website that day. Staff reviewed the
letter and coordinated with the City Attorney's office and as a result, staff was
proposing revisions to the ordinance (Pages 11 and 16 of the ordinance) that was
provided in the report, which were also provided to the Commission at the dais.
Staff recommended the Commission approve incorporating the revisions in their
motion of this item.
Higuchi Higuchi referred to the staff report (Page 91 of the meeting packet) with regards
to HOA's and SB 9 developments and asked Huitron if it was legal theory or case
law and if HCD ruled on it. Higuchi also asked if the City is required to post SB
9 information on the City's website.
Daudt Per Daudt, HOAs limitation on SB 9 developments have not been developed
through case law, but initially, ADU laws were enacted and were silent as to
whether or not HOA's were able to regulate the siting of ADU's. At that point, it
was interpreted by HCD that the local CC&R's would still control the HOA's areas
and in subsequent years, there were amendments to the ADU laws to make it
clear that HOA's are now prohibited from imposing any limitations on ADU's.
Daudt added, as the statute exists currently, it is likely that similar amendments
were to occur with SB 9 units, but for now the legislation is silent as to whether
or not an HOA can prohibit the development of SB 9 units. The HCD has issued
guidance acknowledging that an HOA would be able to restrict the siting of SB 9
units within the community.
Huitron Per Huitron, due to the many complexities related to SB 9, and although not
required by the City, the City's website does contain SB 9 information.
Higuchi Higuchi asked for the number of requests the City has received regarding filing a
parcel map for SB 9. With the Commission making a recommendation on this
item, and if the City Council did not adopt SB 9, what exposure would the City
have?
Minutes — Planning Commission May 24, 2022 — Page 7 of 10
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Huitron Per Huitron, the City currently has one (1) project under review — a request for an
urban lot split and a two -unit development combination located on a corner lot.
This particular lot is a good location for a subdivision since the lot is accessible
from the side street. Although a two -unit development, it looks like a two-story
home.
Daudt Daudt explained that if the City does not enact a local ordinance, the default is
the State's SB 9. An applicant, by right, would be able to apply for an SB 9 unit
following the State's statute. What is included in the proposed ordinance is what
the State law provides, but to the extent, the City is able to craft the regulations
to meet the local needs in development standards of the City of Tustin. Again, if
the City does not move forward with the local ordinance, applicants would simply
do what is required of State law (i.e. would not have specified height limitations,
front yard setbacks, etc.) which staff incorporated into the proposed ordinance.
Mello Mello asked about the HOA's having to amend their CC&R's, per SB 9, and if
they would also be able to modify their design guidelines or if it would have to be
addressed through their CC&R's.
Daudt Daudt stated that it is within the purview of the HOA's and their attorneys to
determine how they would like to address SB 9. As of this time, the State
recognizes that it is within their purview to determine whether or not they want
SB 9 units developed within the community.
Mello Mello asked how the City plans on dealing with an applicant wanting to split their
lot and if the high-quality transit map provided in the report would be made
available on the City's website.
Huitron Huitron explained that the City has incorporated into the process, which staff is
currently developing alongside the proposed ordinance, a self -certification form
for the property owner to attest that they do have the authority to exercise SB 9
developments in their HOA's. Once the high-quality transit map is refined, to
ensure the boundaries are properly aligned, staff's goal is to add the map to the
SB 9 webpage.
Kozak Kozak thanked staff and consultants for developing the proposed ordinance.
Chu Chu asked for clarification that the Commission is only making a
recommendation to the City Council on the proposed ordinance and that it
seemed that not too many people were interested in taking advantage of SB 9,
per Huitron's comment made earlier on there only be one (1) application currently
for a lot split. She stated interest may increase with SB 9 if the Commission
forwards the item to the City Council.
8:18 p.m. Mello opened the public hearing.
Mr. Neil Mr. Neil Sherman, HOA member for Tustin Meadows, commented on his
Sherman concern with the lot splitting process through his CC&R's. Currently, the process
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Mr. Neil takes approximately sixty (60) days. He recommended the lot splitting process
Sherman go through an architectural control committee who could provide the review
capability almost immediately. This would allow the HOA to allow lot splitting or
else lot splitting would not be allowed in Tustin Meadows.
Ms. Cecilia Ms. Cecilia DeHeras, general manager for Tustin Meadows, commented on the
DeHeras following, in general: she received a recommendation from the Tustin Meadows
attorney regarding SB 9 being silent on the issue pertaining to any provisions that
supersedes any HOA or CID governing documents; and, she recommended that
the Commission include in the ordinance that the ordinance does not supersede
any of the CC&R's, which would allow Tustin Meadows the time to update their
CC&R's with any upcoming laws or senate bills.
8:25 p.m. Mello closed the public hearing.
Higuchi Higuchi's final comments generally included: Referenced how State laws and
how the SB 9 Bill will affect the City of Tustin. Although the Commission is making
a recommendation to the City Council, by adopting the proposed ordinance, the
Commission's recommended action acknowledges controlling the destiny within
the City. Higuchi referred back to Daudt's explanation of adopting or not adopting
the proposed ordinance. His recommendation was to state on the City's website
that the law is silent on the HOA's and that the City is currently defaulting to
CC&R's until further interpretation is received from HCD.
Chu Chu asked what the Commission's legal obligation would be when adopting the
proposed ordinance.
Huitron Per Huitron, the proposed ordinance is designed for the City to be in compliance
with SB 9 and in addition, there are some additional examples of standards
mentioned previously (i.e. height and front yard setbacks) that the City of Tustin's
current Ordinance addresses and limits. Huitron further explained that if the
proposed ordinance were to be forwarded to the City Council, then adopted, the
ordinance would ultimately go into effect and the City's obligation would be to
follow the adopted Code. If the Commission did not recommend the proposed
ordinance be forwarded to the City Council, then the City would still be obligated
to implement SB 9 but refer to the language in the Government Code sections.
Huitron referred to the SB 9 (Table 1), which was included in the staff report.
Kozak Kozak's final comments generally included the Commission's task with SB 9
legislation and moving the item forward to the City Council. He was in support of
the recommended action.
Mello Mello's final comments generally included the State taking away local control, but
none -the -less, he was in support of the City having more control than less control.
Motion: It was moved by Higuchi, seconded by Chu, to adopt Resolution No. 4451, as
amended. Motion carried 4-0-1. Mason had an excused absence.
Minutes — Planning Commission May 24, 2022 — Page 9 of 10
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None. REGULAR BUSINESS.
STAFF CONCERNS:
Willkom Willkom thanked staff and Daudt for all of their hard work on the items. On May
3, 2022, the City entered into an Exclusive Negotiating Agreement with Avalon
Bay for the development of 1,200 multi -family units at the Tustin Legacy of which
302 of those units will be set aside for affordable housing. This item will be
brought to the Commission at a later date.
COMMISSION CONCERNS:
Chu Chu had no concerns. She thanked staff again for the presentations.
Higuchi Higuchi thanked staff for the presentations and hard work. The City's Chili Cook -
Off will be on June 5, 2022.
Kozak Kozak echoed his fellow Commissioners favorable comments. On May 12,
2022, he was re -appointed to the OCTA Citizens Advisory Commission and
on May 20, 2022 he attended his granddaughter's high school graduation in
Temecula.
Mello Mello thanked staff for the presentations.
8:38 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, June 14, 2022.
DocuSigned by:
cru.,
ED45DA2523B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Docu Signed by:
6A8BF005E13A455...
DAVID J. MELLO, JR.
Chairperson
Minutes — Planning Commission May 24, 2022 — Page 10 of 10
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ATTACHMENT C
SUMMARY OF CODE AMENDMENTS
DocuSign Envelope ID: F31 D1 073-2A1 C -44F6-9616-191 E7AF1 8364
City Council CA 2022-0002
July 12, 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
1 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
1 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
1 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
zone.
Typographical,
Consistency
27
Eliminating hyphens, correcting typographical error, and correcting language to be consistent with development
standards applicable in the respective zone.
Typographical,
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
Icorrecting 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
1 Correcting internal inconsistency and clarifying language to streamline project reviews - Clarifies findings for on-site
parking through payment of fee in DCCSP.
Consistency,
Clarifying
43
Icorrecting 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
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City Council CA 2022-0002
July 12, 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
Typographical,
requirements.
Clarifying
54
Clarifying language to streamline project reviews - No accessory structures in front yard setback.
Clarifying,
Streamline
55
lCorrecting 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 consistent with State law Streamlin Act and correcting internal inconsistency.
Y 9Y ( 9 ) 9 Y
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 permit 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
Streamline
Program requesting deviations for a commerical center (reference Section 66 and 67).
74
Streamline project reviews - clarifies language for water efficiency landscape requirements.
Streamline
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ATTACHMENT D
DRAFT ORDINANCE NO. 1524 ("REDLINED")
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ATTACHMENT D
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
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Ordinance No.1524 ATTACHMENT D
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):
(Ord. No. 1252, Sec. II, 6-3-02)
(Ord. No. 1252, Sec. II, 6-3-02)
Ordinance No. 1524
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(Ord. No. 1252, Sec. II, 6-3-02)
Ordinance No. 1524
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ATTACHMENT D
(Ord. No. 1252, Sec. II, 6-3-02)
• r
IRIII li! JUJI&XI IIIIIJI 11111
11 111!, 11!! 1! 1 101!
ILI .. . ......
• r
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(Ord. No. 1252, Sec. II, 6-3-02)
Ordinance No. 1524
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Ordinance No. 1524
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ATTACHMENT D
aking written notes of the information provided by the fortuneteller-.
(Ord. No. •
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., er-streets and/or parkway3 under foo ewnership
by said person, 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.ham, the eXGept+en of areaidentified as the "MCAS TU�t+ra
Cnonifin PI ' 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.
B. Section 9220 — Residential Site Development Standards, Table 1:
Primary Residential Uses.
Ordinance No. 1524
1378023.4
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Ordinance No.1524 ATTACHMENT D
Page 5
C. Section 9224 —Planned Development District {R-B)LED
, 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)", "R2 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 04-2-3 (R21, 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 (Cl)", "Cl District", or "Cl ". The TCC sections impacted
by this revision include:
A. Section 9213 — Divisional Districts, subsection (a), Commercial Districts.
B. Section 9232 — Retail Commercial District {C }(Cl).
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)", "C-2
District", or "C-2" shall be amended and restated by eliminating the hyphen between C
and 2 to read "Central Commercial District (C2)", "C2 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).
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:
Ordinance No. 1524
1378023.4
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ATTACHMENT D
A. Section 9213 - Divisional Districts, subsection (a), Industrial and Other
Districts.
B. Section 9244 - Planned Community District {� (PC), 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 TP -D) ,(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-D-) L[�Q), subsections (g)(1)(b)-
(c), (g)(2)(a) and (c), and (g)(3)(a) and (c).
C. Section 9225 - Duplex Residential District �) LB,.21, 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 "R1". The TCC sections impacted
by this revision include:
A. Section 9213 - Divisional Districts, subsection (a), Residential Districts.
B. Section 9224 - Planned Development District �P PD), subsections (g)(1)(b)-
(c), (g)(2)(a) and (c), and (g)(3)(a) and (c).
C. Section 9225 - Duplex Residential District { 2) (R2), subsections (a)(1) and
(c).
D. Section 9271 - Specific Provisions, subsections (i)(2)(b), (p) and (u).
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:
Ordinance No. 1524
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ATTACHMENT D
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 �P (PC), 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:
A. Section 9244 — Planned Community District �P (PC), subsection (d)(7).
Ordinance No. 1524
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ATTACHMENT D
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 "ACAS 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 — MCAS Tustin Legacy Specific Plan (SP 1 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):
• Repealed. -Large •• day Gare •ru_ (subjGGtr the • • ••Set•r •
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):
I Repealed. •• day Gare••u_s (subjeGt• the • ••seter •
•
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):
• Repealed. day Gare• r u _ (subjeGt• • _ • • • •Set• r •
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. errr_��e.n►ererrsrr_�..�rrer_t�ranr_�. _ .. M
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ATTACHMENT D
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 R -D 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 -#4e 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 ^^e (1 ` story two (2) stories, and/or tWeR 0) thirty 30
feet, whichever is more restrictive, within one hundred fifty (1150). fifty 50 feet of
said R -A RA, €-4 E4 or R-4 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-2 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-2 R2
lot to a #ig#t height to exceed ^no (1 ` ster„ two (2) stories, and/or tWGR+ 0)
thirty 30 feet, whichever is more restrictive, within one hU Rdred fifty (1 tin) fif�t
X50) feet of said R -A RA, €-4 E4 or R-4 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
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) ster 2 stories, and/or twenty 0) thirty 30 feet, whichever is
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ATTACHMENT D
more restrictive, within 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. Large .-eFPV
•
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 Development Standards
Zoning
Minimum
Minimum
Lot
Building
Front
Interior
Corner Site
Rear
Lot Area
Lot Width
Coverage
Height
Yard0)
Side
Yard')
Yard')
CG
3,000 sq. ft.
70 feet
100
35 feet
10 feet
Yard')
None, 10
None, 15
C2 Central
200 2,000
N/A
100
50 feet
None, 10
None, 10
None, 10
None, 5
Commercial
sq. ft.
Percent(2)
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(Z)
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):
(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):
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9233 — RETAIL 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 (eXGept uses listed as permitted below)
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 are permitted).
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 (eXGept uses listed as permitted below)
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 (eXGept uses listed as permitted below)
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 (eXGept uses listed
Q8nt1GR 9235h are permitted)
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 hernes (subjeGt tG the set forth
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 Industrial District (PC) subject to the issuance of a
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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 92520)(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 3W 500 feet of the
business or activity to be served in accordance with Section 9266(b)(2).
SECTION 42. Section 92520)(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
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 Tustin Planning Commission 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 Other fiRd'RgG that may be adepted from time to time by the Git y
Seenc+t That the proposed project is consistent with the General
Plan.
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:
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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
Aisle width (travel lane)
Total bay depth
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
Develoament 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
(degrees)
Stall depth, including bumper overhang
Aisle width (travel lane)
Total bay depth
60
1 21 feet
18 inches 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.
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 all++e��.,,y and shall comply with the Planning Standard
�,, VNheFe garage
faGe-e•aGh other and are separated by shareddriveway, the n}inirnmurrn
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ATTACHMENT D
driveway dthshalll be twenty five (25) feet. Coo Figure 10 (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 Planning COMM66SOOR 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 GeRditieRal Use Per 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 rare FaGilitiec
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Page 15
permit shall dnGlude: Name ef operator; address of the home; and a list
of property owners within a 100 foot radius of the exterior property
heunldory of the nrenosed day Gore home
mm-leeimll
WIN .. • .
• •• P..• •. _. .•. •. • •
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ATTACHMENT D
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, bjent to the
Intersection Site Distanced ts as determined by the P olio
Works -Department site distaTrve standapr`J6 in
approved, writing,
as approved, in by the of Community Development Director
Department. 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):
011 annessery stn Unti gyres shall be Ionated a minimi rn of twenty (20) foot from
street Fights of s provided, e
State Highway, where ne anness is permitted, gi mahave a zero foot sethaGk
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):
No activity which generates excessive pedestrian traffic., er vehicular traffic: or
vehicular parking in excess of 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 minimum of six (6) innhes
above the tallest piene of equipment and constructed so that '
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ATTACHMENT D
offeGti„ol„ GGFee , the equipment is not visible from the adjacent
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; and
(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 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 Of „no hUrirlror!
twenty five dollars ($125.00), 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
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
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ATTACHMENT D
of the application is deemed complete. Notice of such hearing shall be given as
set forth in Section 9196b 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 fee of two hundred fifty dollars ($25G -.W in 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 Survev" means the citvwide historical resources surve
update report and any subsequent updates.
"Historic Context Statement" means an in death narrative
account of the city's development history as reflected by its built environment as
described in the Citv's Historic Resources Survev.
"Large Family Day Care Home" pursuant to California Health and Safety Code
definition. and development standards Ti rTGG SeGtien 9271aa. (Ord. No.
911,S eGc— 21r-8 4 ate- 1367, Sem460i
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):
"Building, Accessory" means a subordinate structure or building including
shelters., e; 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, innlu Jinn s imminn . )elm, excluding in -ground and above -ground
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ATTACHMENT D
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) Temnerary uses fer a neried of mere than ene (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) Qe ry 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):
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 I Al Designated member of the Appraisal Institute acceptable to the
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ATTACHMENT D
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
applicable building and electrical permits shall be obtained in accordance
with the Uniform Building Code and the Uniform Electrical Code.
iP114.Vit-1"I OWN�919'�,��V1�
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):
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ATTACHMENT D
e. A valid temporary sign permit shall be made available upon request for City
review and inspection during times when a banner is displayed. Every banner
sign shall display a City issued permit identifyiRg the approved dates feF the
display. 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):
• Reserved.
���
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 sianature of a licensed landscaae architect. licensed landscape contractor
or any other person authorized to design a landscape plan
arGhiteGt appropriately IiGensed in the State of California stating that the
landscape design and water use calculations have been prepared by or under
the supervision of the signatory IiGense d landSGa e arnhiteGt 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
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ATTACHMENT D
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:
CARRIE WOODWARD, Acting City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1524
ATTACHMENT D
Carrie Woodward, Acting 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:
Carrie Woodward, Acting City Clerk
Published:
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DRAFT ORDINANCE NO. 1524
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ATTACHMENT E
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 July 7, 2022, 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:
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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:
PART 3 RESERVED
(Ord. No. 1252, Sec. II, 6-3-02)
(Ord. No. 1252, Sec. II, 6-3-02)
(Ord. No. 1252, Sec. II, 6-3-02)
(Ord. No. 1252, Sec. II, 6-3-02)
SECTION 3. Section 5502 of Chapter 5 of Article 5 of the TCC is hereby
amended to read as follows:
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 sidewalks,, streets and/or parkways, 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:
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
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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_ 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.
B. Section 9220 — Residential Site Development Standards, Table 1: Primary
Residential Uses.
C. Section 9224 — Planned Development District (PD), subsections (a), (b),
(d)(1), (e)(3), (g)(2)(b), (g)(3)(a)-(c), (g)(5), and (g)($).
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)", "R2 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 (R2), 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)", "Cl District", or
"Cl ". The TCC sections impacted by this revision include:
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A. Section 9213 — Divisional Districts, subsection (a), Commercial Districts.
B. Section 9232 — Retail Commercial District (Cl).
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)", "C-2
District", or "C-2" shall be amended and restated by eliminating the hyphen between C
and 2 to read "Central Commercial District (C2)", "C2 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).
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 (PC), 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 (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 (PD), subsections (g)(1)(b)-(c),
(g)(2)(a) and (c), and (g)(3)(a) and (c).
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C. Section 9225 — Duplex Residential District (R2), 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 "R1". The TCC sections impacted
by this revision include:
A. Section 9213 — Divisional Districts, subsection (a), Residential Districts.
B. Section 9224 — Planned Development District (PD), subsections (g)(1)(b)-(c),
(g)(2)(a) and (c), and (g)(3)(a) and (c).
C. Section 9225 — Duplex Residential District (R2), subsections (a)(1) and (c).
D. Section 9271 — Specific Provisions, subsections (i)(2)(b), (p) and (u).
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.
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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 (PC), 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:
A. Section 9244 — Planned Community District (PC Com), 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 (PI), subsections (b) and (d).
SECTION 20. All TCC references to the "MCAS Tustin Specific Plan" shall be revised
to read Tustin Legacy Specific Plan" 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 —Tustin Legacy Specific Plan (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:
6. Repealed.
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:
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4. Repealed.
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:
6. Repealed.
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:
7. Repealed.
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:
If any parcel zoned 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 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:
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 RA, E4 or R1 (developed or
undeveloped), no main building shall be erected on said PD lot to a height to
exceed two (2) stories, and/or thirty (30) feet, whichever is more restrictive, within
fifty (50) feet of said RA, E4, or 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:
Maximum Height, Exception
Notwithstanding any provision to the contrary contained in this Section 9225,
when a lot in the R2 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 R2 lot to a height to
exceed two (2) stories, and/or thirty (30) feet, whichever is more restrictive, within
fifty (50) feet of said RA, E4 or R1 zoned property, unless the Planning Agency
shall grant a conditional use permit therefor.
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SECTION 28. Section 9226(c) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows:
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 (2) stories, and/or thirty (30) feet, whichever is more restrictive, within
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:
6. Repealed.
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:
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')
CG
3,000 sq. ft.
70 feet
100
35 feet
10 feet
Yard'
None, 10
None, 15
C2 Central
2,000 sq.
N/A
100
50 feet
None, 10
None, 10
None, 10
None, 5
Commercial
ft.
Percent(2)
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:
Table 1: Commercial Site Development Standards
Zoning
Minimum
Minimum
Lot
Building
Front
Interior
Corner Site
Rear
Lot Area
Lot Width
Covera e
Hei ht
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(Z)
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:
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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:
9233 — 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:
All uses listed as permitted in the C1 District, subject to the use and development
criteria specified in Section 9232.
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:
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).
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:
All uses listed as permitted in the C3 Districts, subject to the use and
development criteria specified thereto.
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:
All uses listed as permitted in the C2 Districts subject to the use and development
criteria specified thereto.
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:
All uses listed as conditionally permitted in the C1 and C2 Districts subject to the
use and development criteria specified thereto.
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:
5. Repealed.
SECTION 40. Section 9244(f) of Part 4 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows:
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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 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 92520)(3)(d)(3)(b) of Part 5 of Chapter 2 of Article 9 of the TCC
is hereby amended to read as follows:
On-site parking requirements may be 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 500 feet of the business or activity
to be served in accordance with Section 9266(b)(2).
SECTION 42. Section 92520)(3)(d)(3)(d) of Part 5 of Chapter 2 of Article 9 of the TCC
is hereby amended to read as follows:
Development proposed within the Downtown Commercial Core Specific Plan
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 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. That the proposed project is consistent with the General Plan.
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:
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:
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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 remove reference to Large family
day care homes and parking spaces required from Table 1.
SECTION 45. Section 5502 of Part 6 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows:
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:
One -Way Traffic and Double Loaded Aisles in Parking Lot
Parking angle
(degrees)
Stall depth, including bumper overhang
Aisle width (travel lane)
Total bay depth
60
1 21 feet
18 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:
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.
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:
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 (Minimum Driveway
Width for Garages with Shared Driveway) as approved by the Community
Development Director
SECTION 49. Section 9269 Part 6 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows:
"Retail Center (Small)." A commercial property that includes a range of tenants
with less than 30,000 square feet of gross floor area.
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"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:
3. Requests for more than one (1) year require approval of a Conditional Use
Permit (CUP) by the 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:
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 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:
aa. Repealed.
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:
(b) No fence, solid hedge or wall 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) by the Community
Development Director 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:
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:
All uses (including storage) shall be conducted within a completely enclosed
building except those that are specifically permitted and effectively screened from
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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 CUP, 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:
No activity which generates excessive pedestrian traffic, vehicular traffic, or
vehicular parking in excess 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:
Roof -mounted equipment screening height shall be constructed so that the
equipment is not visible from the adjacent 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:
(c) The requested accommodation would not impose an undue financial or
administrative burden on the City;
(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 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:
(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:
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
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determined by Fee Resolution of the City Council, 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 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:
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
application is deemed complete. Notice of such hearing shall be given as set forth
in Section 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:
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 fee in 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:
"Historic Resources Survey" means the citywide historical resources survey
update report and any subsequent updates.
"Historic Context Statement" means an indepth 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.
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:
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"Building, Accessory" means a subordinate structure or building including
shelters, or 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:
"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, excluding in -ground and above -ground swimming pools, driveways,
flatwork for paved, 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:
(k) Painted wall signs to include murals or graphics which do not promote a
product or business but which depict a scene or image.
(1) 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:
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
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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)
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 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:
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 applicable
building and electrical permits shall be obtained in accordance with the
Uniform Building Code and the Uniform Electrical Code.
SECTION 71. Section 9403(d)(1)(e) of Chapter 4 of Article 9 of the TCC is hereby
amended to read as follows:
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e. A valid temporary sign permit shall be made available upon request for City
review and inspection during times when a banner is displayed. 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:
(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:
CMCZT-Ta II�'1
6. Reserved.
SECTION 74. Section 9703(b) of Chapter 7 of Article 9 of the TCC is hereby amended
to read as follows:
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 in the State of California
stating that the landscape design and water use calculations have been prepared
by or under the supervision of the signatory 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
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have adopted this Ordinance and each
thereof irrespective of the fact that any
clauses, phrases, or portions be declared
ATTACHMENT E
section, subsection, clause, phrase or portion
one or more sections, subsections, sentences,
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:
CARRIE WOODWARD, Acting City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1524
ATTACHMENT E
Carrie Woodward, Acting 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:
Carrie Woodward, Acting City Clerk
Published:
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