HomeMy WebLinkAboutORD 1524 (2022)DocuSign Envelope ID: EC9F8514-98D0-4126-AC06-9414AF8C37AC
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 19, 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
youth, disabled veterans and homeless persons in accordance with California
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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 "R11". 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
Minimu
Minimu
Lot
Buildi
Front
Interio
Corner
Rear
m Lot
m Lot
Covera
ng
Yard(')
r Side
Site
Yard(')
Area
Width
ge
Height
1)
Yard0)
Yard0)
C2 Central
2,000
N/A
100
50
None,
None,
None,
None,
Commercia
sq. ft.
Percent
feet
10 feet
10 feet
10 feet
5 feet
1
(2)
when
when
when
when
District(3)(S
proper
proper
proper
proper
ec.9233)
ty
ty
ty
ty
abuts
abuts
abuts
abuts
«R„
„R„
"R„
«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
Minimu
Minimu
Lot
Buildi
Front
Interior
Corner
Rear
m Lot
m Lot
Covera
ng
Yard(
Side
Site
Yard0)
Area
Width
ge
Height
1)
Yard0)
Yard0)
CG
3,000
70 feet
100
35
10
None,
None,
None,
Commerc
sq. ft.
Percent
feet
feet
10 feet
10 feet
15 feet
ial
(2)
from
from
when
General
ultimate
ultimate
abutting
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District
street
street
a
(Sec.
right -of-
right -of-
Single -
9235)
way or
way or
Family
adjoinin
adjoinin
Dwellin
g
g
g, 5 feet
resident
resident
when
ial lot
ial lot
abutting
an alley
or
private
easeme
nt
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:
(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:
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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:
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 9252(j)(3)(d)(3)(b) of Part 5 of Chapter 2 of Article 9 of the TCC
is hereby amended to read as follows -
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 9252(j)(3)(d)(3)(d) of Part 5 of Chapter 2 of Article 9 of the TCC
is hereby amended to read as follows:
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.
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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:
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
Stall depth, including
Aisle width (travel
Total bay depth
angle
bumper overhang
lane)
(degrees)
60
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
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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.
"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.
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(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
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;
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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
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
Ordinance No. 1524
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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:
"Building, Accessory" means a subordinate structure or building including
shelters, er pools, or garages, the use of which is incidental to that of the main
building on the same lot and/or building site.
SECTION 65. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended by revising the definition of "Structure" to read as follows:
"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
Ordinance No. 1524
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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
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.
Ordinance No. 1524
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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:
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:
4. Reserved.
6. Reserved.
SECTION 74. Section 9703(b) of Chapter 7 of Article 9 of the TCC is hereby amended
to read as follows:
Ordinance No. 1524
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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
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 16th day of August, 2022.
DocuSigned by:
11.11�
119DEE3867C041A...
AUSTIN LUMBARD,
Mayor
ATTEST:
DocuSigned by:
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5C7F39A6D9D84E2...
CARRIE WOODWARD,
Acting City Clerk
Ordinance No. 1524
Page 18 of 19
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1524
I, 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 and regularly introduced and read by title only at the regular meeting of the City
Council held on the 19' day of July, 2022, and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the 16th day of August, 2022, by
the following vote:
I:K01910Is] IIMAIaIu1:121MI 7 2 601
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
DocuSigned by:
E
�'ylL �bb�WA,V'�,
5C7F39A6D9D84E2._
CARRIE WOODWARD,
Acting City Clerk
Ordinance No. 1524
Page 19 of 19
Lumbard, Cooper, Clark, Gallagher (4)
(0)
Gomez (1)