HomeMy WebLinkAbout04 SECOND READING AND ADOPTION OF ORDINANCE NOS 1553, 1554 AND 1555Dmuslgn Enwbire ID_ 2019FBB EE2tanaca E)7 De12FCe0B859
. Agenda Item 4
AGENDA REPORT Reviewed
City Manager Q_S
Finance Director N/A
MEETING DATE: MARCH 4, 2025
TO: ALDO E. SCHINDLER, CITY MANAGER
FROM: ERICA N. YASUDA, CITY CLERK
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NOS. 1553,
1554 AND 1555 (CODE AMENDMENT 2024-0006, SPECIFIC PLAN
AMENDMENTS 2024-0005 AND 2024-0006 — MODIFICATIONS TO
THE MULTI -FAMILY RESIDENTIAL PARKING & PRIVATE
STORAGE STANDARDS CITYWIDE, AND IN THE DOWNTOWN
COMMERCIAL CORE & RED HILL AVENUE SPECIFIC PLANS)
�IIL4hrU_1A7
Adoption of Ordinance Nos. 1553, 1554 and 1555 incorporates amendments to the multi-
family residential parking and private storage requirements in the Tustin City Code,
Downtown Commercial Core Specific Plan and Red Hill Avenue Specific Plan. The
amendments implement policy actions addressing potential barriers to housing production
identified in an assessment of the Downtown Commercial Core Specific Plan and Red Hill
Avenue Specific Plan.
RECOMMENDATION:
That the City Council have second reading by title only and adoption of Ordinance Nos.
1553, 1554, and 1555.
FISCAL IMPACT:
Staff anticipates that the recommended actions will result in a positive impact on the
General Fund, as they implement policy recommendations intended to encourage
residential development throughout the City. Not implementing the recommended actions
could result in a loss of development activity that would otherwise be attainable.
CORRELATION TO THE STRATEGIC PLAN:
The proposed amendments further the objectives of Strategic Plan Goal A— Economic and
Neighborhood Development, through implementing policy recommendations to encourage
residential development throughout the City.
BACKGROUND AND DISCUSSION:
Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859
City Council Agenda Report
Second Reading and Adoption of Ordinance No. 1553, 1554 and 1555
March 4, 2025
Page 2
On February 18, 2025, the City Council had first reading by title only of Ordinance Nos.
1553, 1554, and 1555.
ORDINANCE NO. 1553
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2024-0005 TO AMEND THE
DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP-12) TO MODIFY MULTI-
FAMILY RESIDENTIAL PARKING AND PRIVATE STORAGE REQUIREMENTS.
ORDINANCE NO. 1554
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2024-0006 TO AMEND THE RED
HILL AVENUE SPECIFIC PLAN (SP-13) TO MODIFY MULTI -FAMILY RESIDENTIAL
PARKING AND PRIVATE STORAGE REQUIREMENTS.
ORDINANCE NO. 1555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING VARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND USE)
TO MODIFY MULTI -FAMILY RESIDENTIAL PARKING AND CARPORT STORAGE
REQUIREMENTS (CODE AMENDMENT (CA) 2024-0006)
Erica N. 1J, asud-a
Erica N. Yasuda
City Clerk
Attachments:
1. Ordinance No. 1553
2. Ordinance No. 1554
3. Ordinance No. 1555
Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859
ORDINANCE NO. 1553
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING SPECIFIC PLAN
AMENDMENT (SPA) 2024-0005 TO AMEND THE DOWNTOWN
COMMERCIAL CORE SPECIFIC PLAN (SP-12) TO MODIFY
MULTI -FAMILY RESIDENTIAL PARKING AND PRIVATE
STORAGE REQUIREMENTS.
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 a Specific Plan Amendment (SPA) 2024-0005 was initiated by the
City to amend the Downtown Commercial Core Specific Plan (DCCSP;
SP-12) to modify multi -family residential parking requirements to match
the Tustin City Code (TCC) via reference, including the implementation of
a scalable parking requirement based on the number of bedrooms per
unit, and to remove the private storage requirement for multi -family
residential development.
B. That the purpose of the DCCSP adopted on July 3, 2018 by Ordinance
No. 1497, is to facilitate development of the specific plan area as a
walkable and bikeable commercial core with integrated mixed -use and
focused multi -family development.
C. That SPA 2024-0005 is consistent with Senate Bill 330, which prohibits a
county or city, from enacting a development policy, standard, or condition
that would have the effect of changing the land use designation or zoning
of a parcel or parcels of property to a less intensive use or reducing the
intensity of land use within an existing zoning district below what was
allowed under the general plan or specific plan land use designation and
zoning ordinances of the county or city as in effect on January 1, 2018, in
that the zoning of the properties in effect on January 1, 2018 were
commercially zoned, which allowed a mix of commercial and office uses,
but did not allow residential uses or mixed -use residential uses, which are
now allowed with the adoption of the DCCSP in July of 2018. SPA 2024-
0005 will not change the density or intensity of the specific plan.
D. That the proposed amendments comply with the Tustin General Plan in
that they comply with the following goal and policy:
Land Use Element Goal 2: Ensure that future land use decisions are
the result of sound and comprehensive planning.
Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859
Ordinance No. 1553
SPA 2024-0005
Page 2
SP-12 Goal 1: Market -Supported Development. Encourage new
development by providing for land uses that are economically viable for
developers and serve residents, workers, and visitors.
D. That a public hearing was duly called, noticed, and held on said
application on October 22, 2024, by the Planning Commission. Following
the public hearing, the Planning Commission adopted Resolution No.
4503 recommending that the Tustin City Council approve SPA 2024-0005
by adopting Ordinance No. 1553.
E. That on _, 2025, a public hearing was duly noticed and called
concerning SPA 2024-0005 (Ordinance No. 1553), and the public hearing
was held by the City Council.
F. That SPA 2024-0005 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 2. The Downtown Commercial Core Specific Plan is hereby amended by
modifying Section 5.3 Residential Development Standards — Tables 5.2
through 5.4 to read as provided for in Exhibit 1.
SECTION 3. Severability
If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City
Council of the City of Tustin hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase,
or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid
or unconstitutional.
Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859
Ordinance No. 1553
SPA 2024-0005
Page 3
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin
on this t" day of , 2025.
AUSTIN LUMBARD, MAYOR
ATTEST:
ERICA N. YASUDA, CITY CLERK
APPROVED AS TO FORM:
FDocuSigned by:
14y
brAM'S.'RENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1553
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1553
was duly and regularly introduced and read by title only at the regular meeting of the
City Council held on the t" day of , 2025, and was given its second reading,
passed and adopted at a regular meeting of the City Council held on the day of
, 2025, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
Erica N. Yasuda, City Clerk
Docusign Envelope lD:2619FBDSEE2l4ABCADDI_D612FCBDBR59 Exhibit 1
Table 5.2—Developmem Standards for Mixed Use BuildingswXhln DA-1, DA-2, DA-3, DA-6B & DA6C
MIXED USE BUILDINGS
Development standards for
DA-1r DA-2, DA-3x DA-68 & I)i
These Development Standards shall apply to both the residential and commercial components of mixed use development
within DA-1, DA-2, DA-3, DA-613 and DA-6C. As indicated in Table 5.1, Residential Permitted Use Table, residential mixed use
requires approval of a discretionary Residential Allocation Reservation (RAR), in addition to any other entitlements required by
the project, as provided in Section 6.1.3, Entitlement Processes. See also Section 5.4, Residential Design Criteria, and Chapter 4,
Commercial Design Criteria, for commercial components of mixed use.
Mixed Use Development Standards
DA-1 & DA-2
DA-30 Di & DA-6C
Building Setbacksl
Front setback
0 feetminimum
Interior side setback
From adjacent residential zone
5 feet minInd um
From adjacent non-residential zone
D feetminimum
Corner side setback
0 feetminimum
Rearsetback
From adjacent residential zone
10 feet minimum
From adjacent non-residential zone or alley
D feetminimum
Building Haight
IParkingstructures below buildings, rooftop uses
3storiesmaximum
4storiesmaximum
(Including gardens, lounges, and pools/spas), and
First floor plate 16
IS stories maximum adjacent to
architectural features (including chimneys and towers)
foot minimum
freeway)
shall not be included in the height measurement.)
First floor plate 16 foot minimum
Non-ResIdeMlal Tenant Space Maximum
10,000 sq uare
feet (applies
none
to DA-lor ly)
Open Spam (Per dwelling unit)
Both private and common open space are required as follows:
Private requires minimum depth of 4 ft. and includes
Minimum 100 sl private open space Fees 4an of a w H
private patios, private balconies, private roof decks
^��--O c�ata:aa)
Common includes courtyards, common balconies, common
Minimum 200 sf common open space
roof decks, pools/spas, recreation facilities, pedestrian paths
Parking Spear See Sections 23.2.1, Previsions for Reduced Parking and 6.3.3, Modification of Parking Standards
Residential un its
-__..- per dwell :fill .._:t an -:._ ...thin _--,_-_ 1
gAr,op or ;Qr1'Cl,g li QWr6
Per Tustin City Code
Guest parking
0.___�___p_._.lit ._____..:...:..AAA .. _thin__..__
Per Tustin City Code
Non-residential parking
Per Tustin City Code
Signal
Per Chapter 4, Commercial Design Criteria and
Tustin City Code
landscaping
Per Chapter 4, Commercial Design Criteria, Section 5.4,
Residential Design Criteria and Tustin City Code
Public Open Spam
Per Chapter 4, Commercial Design Criteria and Section 5.4,
Residential Design Criteria
Note:
1. Setback shall be measured as the perpendicular di stance from the ultimate streetright-of-way line, or the property line, to
the exterior wall of the closest structure.
2. On -site parking shall not be located between the street and the front of the building.
Downtown
Docusign Emrebpe ID. 2619FBD EE214A6 8[ D1-U812FC8013850
Table 5.3—Development Standards for Mixed Use Buildings within DA4
MIXED USE BUILDINGS
Development Standards for
Em
These Development Standards shall apply to both the residential and commercial components of mixed use development with-
in DA-4. As indicated in Table 5.1, Residential Permitted Use Table, residential mixed use requires approval of a discretionary
Residential Allocation Reservation (RAR) entitlement, in addition to any other entitlements required by the project, as provided in
Section 6.1.3, Entitlement Processes. See also Section 5.4, Residential Design Criteria, and Chapter 4, Commercial Design Criteria,
for commercial component of mixed use.
Mail
Building Setbacks
Frontsetback2
Ofeetminimum
Interior side setback
From adjacent residential zone
10 feet minimum
From adjacent non-residential zone or
0 feet minimum
alleyzone
Corner side setback
Ofeetminimum
Rearsetback
From adjacent residential zone
10 feet minimum
From adjacent non-residential zone or al ley
Ofeetminimum
Building Height
I Parkingstructures below buildings, rooftop uses, (including
3stories maximum
gardens,lounges and Pools/spas), and architectural fea-
tures (including c(timneys and tourers) shall not be included
First floor plate 16 foot minimum
in the height measurement.)
Non-Residental Tenant Space Maximum She
10,000squarefeet
Open Space (Per dwelling unit)
Both private and common open spare are required as
follows:
Private requires minimum depth of 4 ft. and includes pri-
Minimum 100 sf private opensidesce(seask igelie iin'r
vate patios, private balconies, private roof decks
Comm on i nel udes courtyards, comm on baleen les, corn men
MI ni mum 200 sf com men open space
roof decks, pools/spas, recreation facilities, pedestrian paths
Parking Spaces See Sections 2.3.2.1, Provisions for Reduced Parking and 6.3.3, Modification of Parking Standards
Residential units
29lahaes Be III ell.AgUR ten Ste
"""""" ----'----'-"-"--
PerTustin City Cade
Guest parking
per Tustin City Code
Non-residential parking
Per Tustin City Code
Signage
Per Chapter 4, Commercial Design Criteria and Tustin City
Code
Landscaping
Per Chapter 4, Commercial Design Criteria, Section 5.4,
Residential Design Criteria and Tustin City Code
Public Open Space
Per Chapter 4, Commercial Design Criteria and
Section 5.4, Residential Design Criteria
Note:
1. Setback shall be measured as the perpendicular distance from the ultimate street right-of-way line, or the property line, to the
exterior wall of the closest structure.
2. On -site parking shall not be located between the street and the front of the building.
106 City of Tustin I Downtown
Docusign Envol ID. 2610F8USEE2I4A8CA0m-D812FC80Bn59
Table 5.4 - Developmem Standards for Multi -Family Residential Buildingswithir Di
MULTI -FAMILY RFSIDFNTIAL BUILDINGS
Development Standards for
DA-6A
These Development Standards shall apply to mul&family residential development within DA-6A. As indicated in Table 5.1,
Residential Permitted Use Table, multi -family residential requires approval of a discretionary Residential Allocation Reserva-
tion (BAR) entitlement, in addition to any other entitlements required bythe project, as provided in Section 6.1.3, Entitlement
Processes. See also Section 5,4, Residential Design Criteria
Mufti -Family Residential Development Standards DA.6A
Building Setbacks'
Front setback2
5 feet minimum
Interior sole setback
3 feet minimum
Corner side setback
5 feet minimum
Rear setback
5 feet minimum
Building Height
(Parkingstructures below buildings, rooftop uses In,
2 stories maximum adjacent to a public street
eluding gardens, lounges, and pools/spas), and at-
4 stories maximum in interior
chitectural features (including chimneys and towers)
Stories maximum atljacentto freeway
shall not be included in the height measurement)
Open Space (Per dwelling unit)
Both private and common open space are required as follows:
Private requires mini mu m depth of 4 ft. and includes
Minimum 100sf private open space {cexsvhwg-aiamiM-
prlvatepatlos, private balconies, private roof decks
Common includes courtyards, common balconies, com-
Minimum 200sf common open space
mon roof decks, pools/spas, recreation facilities, pedestri-
an paths
Parking Spaces See Sections 2.3.2.t Provisions for Reduced Parking and 6.3.3, Modification of Parking Standards
Residentialmits
f Fx
Per Tustin City Code
Guest parking
a 26 0
lassie ine M
per Tustin citycode
landscaping
Per Section 5.4, Residential Design Criteria and Tustin City
Castle
Note:
1. Setback shall be measured as the perpendicular distance from the ultimate street right-of-way line, or the property line, to
the exterior wall of the closest structure.
2. On -site parking shall not be located between the street and the front of the building.
Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859
ORDINANCE NO. 1554
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING SPECIFIC PLAN
AMENDMENT (SPA) 2024-0006 TO AMEND THE RED HILL
AVENUE SPECIFIC PLAN (SP-13) TO MODIFY MULTI -FAMILY
RESIDENTIAL PARKING AND PRIVATE STORAGE
REQUIREMENTS.
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 a Specific Plan Amendment (SPA) 2024-0006 was initiated by the
City to amend the Red Hill Avenue Specific Plan (RHASP; SP-13) to
modify multi -family residential parking requirements to match the Tustin
City Code (TCC) via reference, including the implementation of a scalable
parking requirement based on the number of bedrooms per unit, and to
remove the private storage requirement for multi -family residential
development.
B. That the purpose of the RHASP adopted on November 6, 2018, by
Ordinance No. 1498, is to guide the development of the specific plan area
into an area that fosters economic development and supports multi -modal
transportation and housing opportunities.
C. That SPA 2024-0006 is consistent with Senate Bill 330, which prohibits a
county or city, from enacting a development policy, standard, or condition
that would have the effect of changing the land use designation or zoning
of a parcel or parcels of property to a less intensive use or reducing the
intensity of land use within an existing zoning district below what was
allowed under the general plan or specific plan land use designation and
zoning ordinances of the county or city as in effect on January 1, 2018, in
that the zoning of the properties in effect on January 1, 2018 were
commercially zoned, which allowed a mix of commercial and office uses,
but did not allow residential uses or mixed -use residential uses, which are
now allowed with the adoption of the RHASP in November of 2018. SPA
2024-0006 will not change the density or intensity of the specific plan.
D. That the proposed amendments comply with the Tustin General Plan in
that they comply with the following goal and policy:
Land Use Element Goal 2: Ensure that future land use decisions are
the result of sound and comprehensive planning.
Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859
Ordinance No. 1554
SPA 2024-0006
Page 2
SP-13 Goal 6: Implement parking standards that reflect verifiable demand
and consider future land uses in the area.
D. That a public hearing was duly called, noticed, and held on said
application on October 22, 2024, by the Planning Commission. Following
the public hearing, the Planning Commission adopted Resolution No.
4504 recommending that the Tustin City Council approve SPA 2024-0006
by adopting Ordinance No. 1554.
E. That on 2025, a public hearing was duly noticed and called
concerning SPA 2024-0006 (Ordinance No. 1554), and the public hearing
was held by the City Council.
F. That SPA 2024-0006 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 2. The Red Hill Avenue Specific Plan is
Section 4.4.3 Mixed -Use Developmen
SECTION 3. Severability
t
If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City
Council of the City of Tustin hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase,
or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid
or unconstitutional.
Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859
Ordinance No. 1554
SPA 2024-0006
Page 3
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin
on this t" day of , 2025.
AUSTIN LUMBARD, Mayor
ATTEST:
ERICA N. YASUDA, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
D -v 'F.I(ENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1554
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1554
was duly and regularly introduced and read by title only at the regular meeting of the
City Council held on the t" day of , 2025, and was given its second reading,
passed and adopted at a regular meeting of the City Council held on the _ day of
, 2025, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
Erica N. Yasuda, City Clerk
Docuslgn Envebpe ID_ 2619F8DM14A8CADm-Detzrceosssg Fxhibit1
KU) HILLAVENUE IUSTiN
SPECIFIC PLAN 'WED
REO HIL C PI
SPECIF
4.4.2 Commercial
Commercial development shall comply with the Development Standards as shown in Table 4-3 of this
Chapter, and the following standards;
A. Office uses shall be consistent with and complement the retail, mined -use character of the RHASP.
B. Office uses shall not utilize street adjacent frontage at the ground floor, unless design and other
functional considerations maintain an active street interface similar to a retail commercial frontage.
4.4.3 Mixed -Use Development
Mixed -use projects are comprised of a complementary mix of land uses including, commercial retail,
office, and residential uses that are part of an integrated single development. Land uses may be
arranged vertically in multiple story buildings, or horizontally within separate buildings on a lot, site or
parcel.
Mixed -use projects shall combine residential uses with retail commercial/office uses. Mixed -use projects
may provide commercial and/or office space on the ground floor with residential units above, or
distributed horizontally on a project site in individual structures. Stand-alone residential uses are not
permitted to face onto Red Hill Avenue.
A. General Development Standards
1 . Trash Collection Areas. Trash collection areas shall be contained within an enclosed structure.
Trash collection areas shall be designed, located or screened so as not to be readily identifiable
from adjacent streets.
2. Loading and Storage Facilities. Commercial loading areas and trash collection areas shall be
located as for as possible from the on -site residential units and shall be completely screened from
view from adjacent residential, as well as other residential portions of the project. The location and
design of the trash collection areas shall ensure no potential nuisances such as odors and noise
or conflicts of vehicle accessibility from collection vehicles result. Sensitivity to adjacent residential
shall also be considered.
4—.Exterior Lighting. Parking lot lighting and security lighting for the commercial uses shall be
appropriately shielded as not to spill over into residential areas. Illuminated commercial signs and
associated fixtures shall also be shielded to prevent light spillover onto adjacent residential uses as
well as residential portions of mixed -use projects.
Chapter 4 • Land Use and Development Standards Novemberi • 4-75
Daousign Envelope ID-2619FBD EE IAP CADDI-0812FC89B&59
1UJ11N KLD HILLAVENUE
SPECIFIC PLAN
RED HILI AeLENUE
kN
4.5-. Exterior Equipment. All exteriorly mounted equipment shall be screened from public view. Special
consideration shall be given to the location and screening of noise generating equipment (e.g., air
conditioning, exhaust fans, refrigeration units, alternative fuel stations, etc.) Noise reducing screens
and insulation may be required where equipment has the potential to impact residential uses.
a. Satellite dish systems must be screened from view on all sides through use of architectural
elements integrated into the design of the building
5.4,. Rooftop Equipment
a. Rooftop equipment, except solar energy equipment or alternative energy systems requiring
access to solar or wind, shall be completely enclosed on all sides or screened from view of
public rights -of -way.
b. All roof appurtenances including but not limited to, air conditioning units and
mechanical/electrical equipment shall be shielded and architecturally screened from view
from on -site parking areas, adjacent public streets, and adjacent properties. Screening should
be designed to be compatible with the architectural design of the building.
i Open Space
a. A minimum private open space of 100 square feet shall be provided for each dwelling unit.
b. A minimum common open space of 200 square feet shall be provided for each dwelling unit.
c. A total of 300 square feet of combined private and common open space shall be provided.
If the design of a unit does not provide private open space, a minimum of 300 square feet of
common open space shall be provided for each unit.
d. Open space shall be provided as common and private space. A reasonable proportion of the
required open space shall include courtyards, pool/spa areas, rooftop decks, poseos and
other similar uses.
e. Open space and courtyards located in the commercial areas of mixed -use development shall
be accessible to residential occupants and visitors and shall not be counted towards the
required minimum common open space.
I. Landscaping and seating shall be permanently integrated into all required common open
spaces.
7.& Hours of Operation. The Community Development Director may restrict the hours of operation of
nonresidential uses to mitigate adverse impacts to residential uses.
4-76 • November2076 Chapter • Land Use and Development Standards
Docusign Envebpe ID_ zgtgFBgsEEztana 1)7-oe121Fce0eass TUSTIN
KCL) HILLAVENUE
SPECIFIC PLAN 'WED
RESr HIL C PI
SrECIF
8.¢. Landscaping
a. A minimum of 10 percent of the total commercial gross lot size shall be permanently
landscaped with a variety of live landscape, hardscape materials, and other design elements
(i.e. fountains, sculptures, planters, decorative rock, etc.). If a parking area that is within a
required setback is landscaped, the landscaped area may be counted toward meeting the
minimum landscaping area requirement for the project.
b. For the purposes of this section, permanent landscaping shall consist of landscaped areas at
the ground level.
c. Rooftop landscaping that is permanent, including "green roofs" that are permanently
landscaped, irrigated and usable by building tenants can be countedtowards meeting required
landscape coverage.
J. Pedestrian walks and vehicular access ways shall be permitted in landscaped areas but shall
not be counted as landscaped areas.
e. Permanent and automatic irrigation facilities shall be provided in all permanent landscaped
areas except potted containers.
f. Landscaping shall be permanently maintained in substantial conformance with the approved
plan, including potted containers.
2,44.. Lighting
a. Lighting shall comply with the standards and provisions contained in the Califomia Building
Code, as referenced in Section 8102 of the TCC, in addition to the following standards!
(i) Light poles for uncovered parking areas, vehicle access ways and walkways shall not
exceed a height of 16 feet, except that the maximum height on the rooftop of any parking
structure located on a lot adjacent to any residential zone shall not exceed a height of 8
feet.
(ii) The overall height shall be measured from the paved parking area surface to the
uppermost part of the light standard, including the light globe.
(iii) Lighting shall be directed onto the driveways, walkways and parking areas within the
development and away from adjacent properties and public rights -of -way. Appropriate
shields shall be incorporated into lighting fixtures to ensure lighting does not spill onto
adjoining properties.
10.44-. Parking for Flexible Format Retail in Mixed -Use Development
a. Flexible Format Retail shall be defined as an enclosed space within a development project
that permits residential and/or commercial uses and may be used as such depending on
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market conditions and the preferences of the owner or tenant, Flexible Format Retail is
intended to be occupied by business operators who live in the same structure that contains
the commercial activity. Flexible Format Retail is intended to function in whatever capacity is
deemed appropriate for the owner or tenant and must be consistent with the Specific Plan
and per California Building Code requirements.
11.42-Applicability and Allowed Uses. The provisions of this section shall apply to Flexible Format Retail
development as permitted by Table 4.1, Permitted Land Use and Activities. The nonresidential
component of Flexible Format Retail shall only be a use permitted in accordance with Table 4-1,
Permitted Land Use andActivdies, of this Specific Plan.
12,++Limitations on Use. Flexible Format Retail shall not be established or used in conjunction with any
of the following activities or any use deemed prohibited per the TCC or determined by the
Community Development Director to be not allowed:
a. Adult businesses;
b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and
recreational vehicles), vehicle detailing and painting, upholstery, etc.;
c. Storage of flammable liquids or hazardous materials beyond that normally associated with a
residential use; and
d. Other activities or uses, not compatible with residential activities and/or that have the possibility
of affecting the health or safety of residents, because of dust, glare, heat, noise, noxious gasses,
odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials,
processes, products, or wastes, as determined by the Community Development Director.
134 -Development Standards. The following development standards shall apply to Flexible Format
Retail:
a. Location of Flexible Format Retail. The location of Flexible Format Retail Space is limited to the
following:
(i) Flexible Format Retail shall be limited to the ground floor directly facing a public sidewalk
or internal circulation path.
(ii) Flexible Format Retail shall be designed as independent non-residential space.
(iii) Flexible Format Retail shall be limited to occupy no more than 50%of the total assignable
square feet of a mixed -use project.
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b. Street Frontage Treatment. Flexible Format Retail shall only contain commercial at the ground
level when fronting Red Hill Avenue, and shall have a pedestrian -oriented frontage that
publicly displays the interior of the nonresidential or intended nonresidential areas of the
structure.
c. Access to Flexible Format Retail. Where more than one Flexible Format Retail unit is proposed
within a single structure, each Flexible Format Retail shall be separated from other Flexible
Format Retail space and other uses in the structure. Access to Flexible Format Retail space
shall be from common access areas, corridors, or hallways and shall be clearly identified to
provide for emergency access.
d. Notice to Occupants at Occupancy. The owner or developer of any structure containing
Flexible Format Retail shall provide written notice to all adjacent occupants and users on the
subject property that the surrounding area may be subject to levels of dust, fumes, noise, or
other impacts associated with commercial uses at higher levels than would be expected in
more typical residential area.
e. Integral layout. The living space within the Flexible Format Retail unit shall be complementary
in design and function of the space, with direct access between the two areas.
f. The Flexible Format Retail space shall be assigned only one street address.
14.7—:r. Sale or Rental of Flexible Format Retail. No portion of a Flexible Format Retail unit may be
separately (i.e. independently) sub -leased or sold.
a. For Sale units shall be required to establish Conditions, Covenants, and Restrictions (CC&Rs)
as part of the property's Joint Owner's Association documents to address limitations on the
subleasing, renting and other similar transactional issues.
IS.fb Findings for Flexible Format Retail. The approval of a Flexible Format Retail Space shall be subject
to the following findings:
a. The establishment of Flexible Format Retail will not conflict with nor inhibit other uses in the
area where the project is proposed.
b. All commercial components of the Flexible Format Retail shall be built to commercial
standards.
c. The use of the Flexible Format Retail shol I provide for active commercial frontage at the ground
level.
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Is. Parking spaces to serve residential uses shall be specifically designated and shall be reserved
for the exclusive use of the residents.
c. If structured parking is provided for the entire complex, separate dedicated and accessible
areas shall be provided for residential and commercial uses.
all. Separate site access drives shall be provided for the residential uses and commercial uses
whenever possible.
e. Security gates shall be strongly encouraged for access to residential uses and residential
parking areas, as well as for securing commercial parking areas when businesses are closed.
Land Use
Per Iustin City Code Per Iustin City Code Per Tustin City Code
Residential ;LQ spai,571WHif e0.266-sibme-'d is
Non -Residential I Refer to TCC standards for non-residential use types
(1) Total parking spaces required shall be rounded up to the nearest whole number.
(2) Joint use parking shall be permitted subject to the requirements of Chapter 4 of this Specific Plan. Development application requesti
joint -use parking shall require a parking management plan supped to the requirements of Chapter 4.
(3) Applicants may propose altematine parking standards when on alaii believes the proposed development supports consideration
alternative parking standards. Applicants must provide a parking demand analysis supporting the proposed alternative standards, subu
to the requirements of Chapter 4 of this Specific Plan.
(4) Guest parking perdwelling unit shall be located on -site or within 500-feet of the properly. No tandem parking is permitted.
C. Alternative/Shared Parking
Alternative Shared Parking Standards. Applicants may propose alternative shared parking standards for
parcels with a mixed -use development or development that is utilized at non-traditional hours. Thenumber
of off-street parking spaces is stated in Article 9, Chapter 2, Part b of the TCC and Table 4-4, Parking
Standards Ion -Mixed -Use Residenlia/anciNon-Residential/Commercia/Development, of this Specific Plan.
Alternative standards for parking shall be considered by the Planning Commission and applicants shall be
required to comply with the following procedures:
1 . Mixed -use alternative parking standards are alternatives to required parking as specified in the
Specific Plan and the TCC and shall only be permitted where shared parking is to be
autho rized/a pproved.
2. Requests for Shared Parking. The utilization of shared parking facilities within the RHASP area is
encouraged. Shared parking standards are based on the assumption that patrons will use a single
parking space for more than one destination in certain locations within the Specific Plan area and
that the parking space will be open and available for short-term parking to serve different uses
which may have different peak hours.
Chapter a Land (Ise and Development Standards November2078 • 4-27
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ORDINANCE NO. 1555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF
TUSTIN CITY CODE ARTICLE NINE (LAND USE) TO MODIFY
MULTI -FAMILY RESIDENTIAL PARKING AND CARPORT
STORAGE REQUIREMENTS (CODE AMENDMENT (CA) 2024-
0006)
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 in 2022, the City of Tustin initiated an assessment of the Downtown
Commercial Core Specific Plan (DCCSP) and Red Hill Avenue Specific Plan
(RHASP) to identify barriers to development and align regulations with current
market conditions to spur development.
B. That on December 5, 2023, the assessment results presented to the City
Council identified that existing residential parking and private storage
requirements in the DCCSP and RHASP were barriers to multi -family
residential development.
C. That these barriers are also present in the Tustin City Code (TCC), affecting
the feasibility of multi -family development citywide under current zoning
regulations.
D. That CA 2024-0006 proposes to implement citywide modifications based on
the findings of the DCCSP and RHASP assessment, including scalable parking
requirements for multi -family residential units based on bedroom count,
allowance of tandem parking for residents, and the removal of mandatory
private storage requirements.
E. That the proposed amendments comply with the Tustin General Plan in that
they comply with the following goal and policy:
Land Use Element Goal 2: Ensure that future land use decisions are the
result of sound and comprehensive planning.
Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
F. The Planning Commission finds that the proposed 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
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Ordinance No. 1555
Page 2
be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
G. That on October 22, 2024, the Planning Commission adopted Resolution No.
4502, and recommended that the City Council adopt Ordinance No. 1555,
approving CA 2024-0006.
H. That on , 2025, a public hearing was duly noticed, called, and
held by the City Council on CA 2024-0006.
SECTION 2. Section 9263(g), Table 1 of Chapter 2 of Article 9 of the TCC (Off -Street
Parking Required) is hereby amended to read as follows (new text underlined, deletions
In strikethFe unh):
housingMultifamily
M1.
The number of required parking spaces for multifamily
housing shall be the total number of spaces based
on the number of bedrooms within each unit:
• Studio units: 1 space per unit
• One -bedroom units: 1.4 spaces per unit
• Two -bedroom units: 1.6 spaces per unit
• Three -bedroom or more units: 2 spaces per unit
Additionally, one (1) unassigned quest parking
spaces shall be required per every four (4) units.
Tandem parking is permitted only for resident
parking, with the specific assignment of spaces
managed at the discretion of the property manager.
Tandem parking is prohibited for quest parking.
SECTION 3. Section 9266(g) of Chapter 2 of Article 9 of the TCC (Development
Standards for Off -Street Parking) is hereby amended to read as follows (new text
underlined, deletions in strokethro urrh):
g Design for Carports and Garages.
1. Carports/covered parking shall have a solid roof structure that completely
covers a carport parking stall. LoGkablestorage space of at least ninoty (an)
cubiG feet shall be provided On carperts- The provision of lockable storage
space within the carport is optional and, if provided, shall be designed and
maintained so as not to obstruct vehicle access to the required parking
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space (see Figure 1). Carports shall be screened from public view by a solid
wall.
SECTION 4. Section 9297 of Chapter 2 of Article 9 of the TCC (Definitions) is hereby
amended to read as follows (new text underlined, deletions in strikethFo u`vh):
"Carport" means a permanent, roofed structure, used for automobile
shelter and automobile storage, in additien t„ +�IQGkahle storage
rh er�TaFter GpeGified. LoG� to usable and acGe66ible storage spaG8 GT
at least RiRety (90) G phi/+ foot shall be provided in all Garportc
SECTION 5. 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 adoption of
the Ordinance and cause this Ordinance to be published as required by law.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or
portion of 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 for the City of
Tustin on this day of , 2025.
AUSTIN LUMBARD, Mayor
ATTEST:
ERICA N. YASUDA, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
D 4f ,&E)K lDIG,
City Attorney
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Ordinance No. 1555
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1555
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Ordinance No. 1555 was duly
and regularly introduced and read by title only at the regular meeting of the City Council
held on the _ day of , 2025, and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the —th day of , 2025, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
Erica N. Yasuda, City Clerk