HomeMy WebLinkAboutORD 1429 (2013)1
ORDINANCE NO. 1429
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1429 (CODE
AMENDMENT 13 -001) TO AMEND ARTICLE 4 AND ARTICLE 9 OF
THE TUSTIN CITY CODE TO INCORPORATE MINOR TEXT
AMENDMENTS TO THE ZONING CODE.
The City Council of the City of Tustin does hereby ordain as follows:
The City Council finds and determines as follows:
A. That the City has initiated Code Amendment to Article 4 and 9 of the Tustin City
Code, to incorporate text amendments to the zoning code. The goal of the
proposed code amendment is to ensure consistency with the objectives, policies,
and general plan land use programs specified in the Tustin General Plan for the
City of Tustin. Code Amendment 13 -001 will provide updates consistent with
State law and will help to organize the code using an updated format;
B. That the Community Development Department routinely and periodically revises
the City's zoning and development regulations to ensure it remains up to date.
That the changes proposed by CA 13 -001 are considered minor in nature and do
not alter the intent of the Zoning Code previously adopted by the Tustin City
Code;
D. That CA 13 -001 will incorporate text amendments to the Zoning Code ensuring
consistency with the objectives, policies, and land use programs specified in the
Tustin General Plan. CA 13 -001 complies with the General Plan, including the
following Land Use (LU) goals and policies:
LU Goal 1:
Provide for a well balanced land use pattern that accommodates
existing and future needs for housing, commercial and industrial
land, open space and community facilities and services, while
maintaining a healthy, diversified economy adequate to provide
future City services.
LU Goal 2: Ensure that future land use decisions are the result of sound and
comprehensive planning.
LU Goal 6 Policy 6.12 Review and revise, as necessary, the City's
development standards to improve the quality of new development
in the City and to protect the public health and safety
LU Goal 8 Policy 8.6 Encourage planned improvements to electricity,
natural gas, and communication service systems.
E. That the proposed amendment is considered a "project" subject to the terms of
the California Environmental Quality Act ( "CEQA "). Therefore, an Initial Study
Ordinance No. 1429
Page 1 of 3
and findings for a proposed Negative Declaration have been prepared regarding
this project for consideration by the City Council;
F. That a Notice of Intent to Adopt a Negative Declaration was filed with the Clerk
for the County of Orange for posting, and provided to members of the public
using a method permitted under CEQA Guidelines Section 15072(b). The Initial
Study and Draft Negative Declaration were available for a 20 -day public review
and comment period from February 20, 2013, through March 12, 2013, in
compliance with the State CEQA Guidelines;
G. That on March 12, 2013, the Tustin Planning Commission held a noticed public
hearing at which interested persons had an opportunity to testify in support of, or
opposition to, the code amendment and at which time the Planning Commission
continued the public hearing until April 9, 2013, at which the Planning
Commission considered the Initial Study, Negative Declaration, such oral and
written testimony submitted, the staff report, and adopted Resolution No. 4210
recommending that the City Council approve Code Amendment 13 -001;
That on May 7, 2013, the Tustin City Council held a noticed public hearing and
considered and held first reading of Ordinance No. 1429 (Code Amendment 13-
001) and adopted Resolution No. 13 -18 approving the Negative Declaration and
Initial Study prepared for CA 13 -001, to amend the Tustin City Code.
II. The City Council hereby adopts Ordinance No. 1429 for Code Amendment 13 -001, as
contained within Exhibit 1, attached hereto
III. Severability
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Tustin hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting
on the 215` day of May, 2013.
ELWYN A
Mayor
Ordinance No. 1429
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
SS
CERTIFICATION FOR ORDINANCE NO. 1429
I, JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is 5; that the above and foregoing Ordinance No. 1429 was duly and regularly
introduced at a regular meeting of the Tustin City Council, held on the 7`h day of May, 2013, and
was given its second reading, passed, and adopted at a regular meeting of the City Council held
on the 21st day of May, 2013, by the following vote:
COUNCILPERSONS AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
enee-
JEFF PARKER,
City Jerk
Exhibit 1: Amendments to Article 4 and Article 9 of the Tustin City Code
Ordinance No. 1429
Page 3 of 3
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ORDINANCE NO. 1429 — EXHIBIT 1
I. Article 4 Chapter 3 of the Tustin City Code is hereby amended as follows:
1. Section 4316 is hereby added as follows:
4316 REGULATION OF AREAS FOR COLLECTING AND LOADING
RECYCLABLE MATERIALS
a Purpose
The purpose of this subsection is to establish a comprehensive set of regulations
and guidelines regarding areas for collecting and loading recyclable materials and
recyclable materials for transportation to a mixed -waste processing or material
recovery facility.
b Definitions
For the purposes of this section, the following words shall have the following
meanings:
"Development project" means any of the following:
(1) A project for which a building permit is required for a new commercial,
industrial or institutional building, or residential building having five (5) or
more living units where solid waste is collected and loaded, or any
residential project where solid waste is collected and loaded in a location
serving five (5) or more living units.
(2) Any new public facility where solid waste is collected and loaded and any
improvements to that part of a public facility used for collecting and
loading solid waste.
(3)
Any alteration or alterations to an existing commercial, industrial, or public
facility project where the existing floor area of the subject building is
expanded by fifty (50) percent or more.
"Improvement" means a physical change which adds to the value of a facility,
prolongs its useful life, or adapts it to new uses, excluding repairs. Repairs keep
facilities in good operating condition, do not materially add to the value of the facility,
and do not substantially extend the life of the facility.
"Public facility" means any building, structure, or outdoor recreation area owned
by a local agency.
"Recycling area (areas for recycling)" means any space allocated for collecting
and loading of recyclable materials
c Applicability
(1) The City of Tustin's contract with its hauler requires the provision of a
recycling bin and /or toter to each business and multifamily account in the
City. In addition, all areas of the City of Tustin that are served by the
collection of commingled solid waste and recyclable materials for
transportation to a mixed -waste processing or material recovery facility
are exempt from the provisions contained herein. Provided that the
material recovery facility meets California state regulations on the
efficiency of recyclable recovery, the City will consider granting an
exemption of a case -by -case basis.
(2) In the event that the aforementioned exemption does not apply, all
development projects for which a building permit is issued on or after
September 1, 1993, shall be required to provide adequate, accessible,
and convenient recycling areas for collecting and loading recyclable
materials.
(3)
Where solid waste is collected and loaded in a location serving five (5) or
more residential living units, recycling areas are only required to serve the
needs of the living units which utilize the solid waste collection and
loading area.
d Guidelines
The following guidelines shall be used in evaluating all recycling areas
required by this subsection:
(1) An adequate number and capacity of bins or containers to allow for the collection
and loading of recyclable materials generated by the development shall be
located within the recycling areas of development projects. Dimensions of the
recycling area shall accommodate containers consistent with current methods of
collection in the area in which the project is to be located.
(2) Any development that generates large amounts of organic waste such as pre -
and post- consumer food waste and /or landscaping waste shall provide adequate
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(3)
room in the enclosure to house organic collection containers in addition to trash
and recycling containers.
The design and construction of recycling areas shall be compatible with
surrounding land uses, structures, topography and vegetation. Developments
and public right -of -way adjacent to recycling areas should be adequately
protected against any adverse impacts such as noise, odor, vectors, or glare
through measures including, but not limited to maintaining adequate separation,
fencing, and landscaping.
(4) Recycling areas shall have a solid roof or awning and shall be enclosed by
masonry wall with access which effectively obscures the contents placed within
the enclosure.
(5)
Recycling areas shall be secured to prevent the theft of recyclable materials by
unauthorized persons, while allowing authorized persons access for disposal of
materials.
(6) Recycling areas or the bins or containers placed therein shall provide protection
against adverse environmental conditions which might render the collected
materials unmarketable.
(7)
(8)
(9)
Driveways or travel aisles shall be unobstructed and provide access for the City's
franchised solid waste hauler's collection vehicles and shall provide minimum
clearance for vehicles utilized by the City's franchised solid waste hauler.
The design and construction of recycling areas shall meet all applicable zoning
setback and yard requirements and shall not be located in any area required to
be constructed or maintained unencumbered, according to any applicable
federal, state, or local laws relating to fire, access, building, transportation,
circulation, or safety.
Any recycling area(s) shall be located to be convenient to persons who deposit,
collect, and load the recyclable materials. Whenever feasible, areas for collecting
and loading recyclable materials should be adjacent to, or developed in
conjunction with, the solid waste collection areas.
(10) A sign clearly identifying all recycling and solid waste collection and loading
areas and the materials accepted therein should be posted adjacent to all points
of direct access to the recycling area.
(11) All areas for loading and collecting recyclable materials are subject to design
review by the Community Development Department.
Article 9 Chapter 2 of the Tustin City Code is hereby amended as follows:
1. Section 9220 is hereby added as follows:
9220 RESIDENTIAL SITE DEVELOPMENT STANDARDS
Site Development Standards for primary residential uses by Zoning District. Site development standards for primary
residential uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development
standards for additional permitted or conditionally permitted uses refer to districts in Part 2 of this Chapter.
Table 1:
Primary Residential Uses
Minimum Lot
Area/Per
Minimum lot
Lot
Building
Interior
Corner Side
Zoning
family unit
width
Coverage
Height
Front Yard(l)
Side Yard()
Yard(l)
Rear Yard(l)
RA Residential
7,200 sq fV7,200
Linear frontage
40 percent
30 feet
20 feet
5 feet
10 feet
5 feet, but no less
Agricultural District
sq ft
60 feeVCul-de-
than 1,000 sq ft
(Sec. 9221)
sac frontage 40
clear and
feet
unobstructed
usable open space
on rear 0 of lot
E4 Residential Estate
10,000 sq ft/
80 feet
40 percent
30 feet
20 feet
10% of lot
10% of lot
20 percent lot
District
7,500 sq ft
width
width
depth, but no less
(Sec. 9222)
thanl,000 sq ft
clear and
unobstructed
usable open space
on rear 1/3 of lot
RI Single -Family
7,200 sq ft/7,200
60 feet
40 percent
30 feet
20 feet
5 feet
10 feet
5 feet, but no less
Residential District(2)
sq ft
than 1,000 sq ft
(Sec. 9223)
clear and
unobstructed
usable open space
on rear 1/3 of lot
R2 Duplex Residential
7,200 sq fV 3,500
60 feet
50 percent
35 feet
20 feet
5 feet
10 feet
10 feet
District(2)
sq ft
(See 9225c)
(Sec. 9225)
R3 Multiple Family
7,000 sgft/1,750
70 feet
65 percent
35 feet
15 feet
5 fest
10 feet
10 feet
Residential District(2)
sq ft
(See 9226c)
(Sec. 9226)
Table 1:
Primary Residential Uses
R4 Suburban
Residential District
(Sec. 9228)
Minimum Lot
N/A
N/A
2 stories or 35
feet
(See 9228c)
20 feet
5 feet
10 feet
25 feet
MPH Mobile Home
Are4'er
Minimum lot
Lot
Building
Trailer park-
Interior
Corner Side
N/A
Zoning
family unit
width
Coverage
Height
Front Yard(l)
Side Yard(')
Yardo)
Rear Yard(')
R4 Suburban
Residential District
(Sec. 9228)
7,200 sq ft/3,000
sq ft
N/A
N/A
2 stories or 35
feet
(See 9228c)
20 feet
5 feet
10 feet
25 feet
MPH Mobile Home
Minimum 5 acre
N/A
75 percent
30 feet
Trailer park-
- Trailer
- Trailer park-
N/A
Park District
site for mobile
none.
park -none.
none.
(see Section 9227b for
home park.
Individual lot-
Individual
Individual lot -
additional development
Travel trailers
S feet (measure
lot -3 feet
3 feet
standards)
shall not exceed
from curb to
(Sec. 9227)
10% of total
actual
spaces in mobile
structure, hitch
home park.
excluded).
PD Planned
10,000%
N/A
As
As
As determined
As
As determined
As determined
Development District
determined
determined
with adoption
determined
with adoption
with adoption of
(see Section 9224e
with
with adoption
of P -D District
with
of P -D District
P -D District
and9224f for additional
adoption of
of P -D
adoption of
development standards)
P -D
District
P -D District
(Sec. 9224)
District
(1) If front on to secondary or primary highway refer to section 9271 u
(2) If development is located within the Cultural Resources District (CR), refer to Section 9252j for additional standards
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2. Section 9221 is hereby amended as follows:
9221 RESIDENTIAL AGRICULTURAL DISTRICT (RA)
a Permitted Uses and Development Standards
In the Residential Agricultural District (RA) only the following uses, (or uses
which, in the opinion of the Community Development Director and /or the Planning
Commission, are similar) will be allowed subject to the development standards
identified in Table 1 of Section 9220 and /or as otherwise specified in this Chapter.
1. Single family dwelling
2. Light farming, except commercial dairies, commercial kennels, commercial
rabbit, fox, goat or hog farms, or commercial chicken or poultry ranches.
3. Accessory uses normally incidental to a single family dwelling or light farming.
This is not to be construed as permitting any commercial use.
4. Crop and tree farming
5. Home occupations in accordance with this Chapter.
6. Large family day care homes (subject to the provisions set forth in Section
9271aa).
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the community
Development Director and /or the Planning Commission, are similar) may be
conditionally permitted in the Residential Agricultural District (RA) subject to the
issuance of a Conditional Use Permit and subject to the development standards
identified in Table 1 of Section 9220 and /or as specified in this Chapter.
1. Places of Worship, schools, parks, playgrounds, public utility.
(a) Maximum height: 30 feet
(b) Minimum building site: 20,000 square feet for Places of Worship, 5 acres
for schools, public utility and other uses as specified in a Conditional Use
Permit.
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 25 feet, unless otherwise indicated by
Zoning Map
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 20 feet
2. The maintenance of not over two (2) horses or cows for private use provided that
minimum land area be thirty (30) thousand square feet.
(a) Minimum building site: 30,000 square feet
(b) Minimum lot width: 100 feet
(c) Minimum front yard setback: 60 feet, unless otherwise indicated by
Zoning Map
(d) Minimum side yard setback: 20 feet
(e) Minimum rear yard setback: 10 feet
3. The maintenance of not more than 25 rabbits or similar small animals or
commercial chicken raising.
(a) Maximum height: 30 feet
(b) Minimum building site: one (1) acre
(c) Minimum lot width at property line: 100 feet
(d) Minimum front yard setback; 60 feet, unless otherwise indicated by
Zoning Map
(e) Minimum side yard setback: Corner lot line: 20 feet; Interior lot line: 10
feet
(f) Minimum rear yard setback: 10 feet.
3. Section 9222 is hereby amended as follows:
9222 RESIDENTIAL ESTATE DISTRICT (E4)
a Permitted Uses and Development Standards
In the Residential Estate District (E4) only the following uses (or uses which, in
the opinion of the Community Development Director and /or the Planning Commission
are similar) will be allowed subject to the development standards identified in Table 1
of Section 9220 and /or as specified in this Chapter.
1. Single family dwellings
2. Accessory buildings only if constructed simultaneously with or subsequent to the
main building on the same lot, and accessory uses normally incidental to single
family residences. This is not to be construed as permitting any commercial
uses.
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(a) Maximum height: 25 feet
(b) Maximum lot coverage: 30 percent of rear yard
(c) Minimum side yard setback: 1 foot
(d) Minimum rear yard setback: 1 foot except 5 feet required on an alley
3. Home occupations in accordance with this Chapter.
4. Large family day care homes (subject to the provisions set forth in Section
9271 aa)
5. Second residential units
(a) Maximum height: 30 feet
(b) Minimum building site: 12,000 square feet
(c) Maximum overall lot coverage for all structures combined: 50 percent
(d) Maximum lot coverage for the second residential unit: 30 percent of rear
yard and 30 percent of side yard
(e) Minimum front yard setback: 50 feet for detached unit; 20 feet for
attached unit
(f) Minimum front yard setback for off - street parking: 50 feet
(g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum rear yard setback: 5 feet
(i) Maximum floor area of second residential unit: 10 percent of total lot area
(j) Any second residential unit shall be consistent with the architectural style,
materials and color of the primary single - family dwelling and shall not
detract from the single - family appearance of the primary single - family
dwelling
(k) Any second residential unit shall not cause a substantial adverse change,
as defined in California Public Resources Code Section 5020.1, in the
significance of any real property that is listed in the California Register of
Historic Places or the City of Tustin Historical Resources Survey
Any second residential unit shall be constructed concurrently with, or
subsequent to, the primary single - family dwelling, which shall be
conforming or brought into conformance with the Tustin City Code
All entrances to any second residential unit shall be located toward the
rear of the primary single family dwelling and shall not be visible from the
public right -of -way
(n) When the primary single - family dwelling would conform to the
development standards normally applicable to second residential units,
and the second residential unit is built between the primary single family
dwelling and the front property line, the second residential unit shall be
subject to the development standards normally applicable to the primary
single family dwelling.
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the community
Development Director and /or the Planning Commission, are similar) may be
conditionally permitted in the Residential Estate District (E4) subject to the issuance of
a Conditional Use Permit and subject to the development standards identified in Table
1 of Section 9220 and /or as specified in this Chapter.
1. Places of Worship, schools, parks, playgrounds, public utility, crop and tree
farming.
(a) Maximum height: 30 feet
(b) Minimum building site: 20,000 square feet for Places of Worship; 5 acres
for schools, public utility and other uses as specified in a Conditional Use
Permit
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 20 feet, unless otherwise indicated on
Zoning Map
(f) Minimum side yard setback: 10 percent of lot width
(g) Minimum rear yard setback: 20 percent of lot depth
2. Accessory buildings used as guest quarters, provided no cooking facility is
installed or maintained, subject to a recorded deed restriction approved by the
City.
(a) Maximum height: 25 feet
(b) Maximum lot coverage: 30 percent of rear yard
(c) Minimum front yard setback: 50 feet unless otherwise indicated on Zoning
Map
(d) Minimum side yard setback: Corner lot line: 10 feet, Interior lot line: 5 feet
(e) Minimum rear yard setback: 5 feet
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4. Section 9223 is hereby amended as follows:
9223 SINGLE FAMILY RESIDENTIAL DISTRICT (R1)
a Permitted Uses and Development Standards
In the Single Family Residential District (R1) only the following uses (or uses
which in the opinion of the Community Development Director and /or the Planning
Commission are similar) will be allowed subject to the development standards
identified in Table 1 of Section 9220 and /or as specified in this Chapter.
1. Single family dwellings
2. Accessory buildings only if constructed simultaneously with or subsequent to the
main building on the same lot.
(a) Maximum height: 25 feet
(b) Minimum lot width at property line: 40 feet on cul -de -sacs at property line
(c) Maximum lot coverage: 30 percent of rear yard
(d) Minimum front yard setback: 50 feet
(e) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet
clear and unobstructed on rear 1/3 of lot.
3. Accessory uses normally incidental to single family residences. This is not to be
construed as permitting any commercial uses.
(a) Minimum side yard setback: 1 foot
(b) Minimum rear yard setback: 1 foot except 5 feet required on an alley
4. Small family day care home subject to the provisions set forth in Section
9271 aa.
5. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a)
6. Large family day care homes (subject to the provisions set forth in Section 9271
aa).
7. Second residential units:
(a) Maximum height: 30 feet
(b) Minimum building site: 12,000 square feet
(c) Maximum overall lot coverage for all structures combined: 50 percent
(d) Maximum lot coverage for the second residential unit: 30 percent of rear
yard and 30 percent of side yard
Minimum front yard setback: 50 feet for detached unit; 20 feet for
attached unit
Minimum front yard setback for off- street parking: 50 feet
Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
Minimum rear yard setback: 5 feet
Maximum floor area of second residential unit: 10 percent of total lot area
Any second residential unit shall be consistent with the architectural style,
materials and color of the primary single - family dwelling and shall not
detract from the single - family appearance of the primary single - family
dwelling
(k) Any second residential unit shall not cause a substantial adverse change,
as defined in California Public Resources Code Section 5020.1, in the
significance of any real property that is listed in the California Register of
Historic Places or the City of Tustin Historical Resources Survey
(1) Any second residential unit shall be constructed concurrently with, or
subsequent to, the primary single - family dwelling, which shall be
conforming or brought into conformance with the Tustin City Code
(m) All entrances to any second residential unit shall be to the rear of the
primary single family dwelling and shall not be visible from the public
right -of -way
(n) When the primary single family dwelling would conform to the
development standards normally applicable to second residential units,
and the second residential unit is built between the primary single - family
dwelling and the front property line, the second residential unit shall be
subject to the development standards normally applicable to the primary
single family dwelling.
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the Community
Development Director and /or the Planning Commission, are similar) may be
conditionally permitted in the Single Family Residential District (R1) subject to the
issuance of a Conditional Use Permit and subject to the development standards
identified in Table 1 of Section 9220 and /or as specified in this Chapter..
1. Places of Worship, schools, parks, playgrounds, public utility, crop and tree
farming.
(a) Maximum height: 30 feet
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(b) Minimum building site: 20,000 square feet for Places of Worship, 5 acres
for schools, public utility and other uses as specified in Conditional Use
Permit.
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 25 feet, unless otherwise indicated on
Zoning Map
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 20 feet
2. Accessory buildings used as guest quarters, provided no cooking facility is
installed or maintained, subject to a recorded deed restriction approved by the
City.
(a) Maximum height: 25 feet
(b) Maximum lot coverage: 30 percent of rear yard
(c) Minimum front yard setback: 50 feet, unless otherwise indicated on
Zoning Map
(d) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(e) Minimum rear yard setback: 5 feet
3. Public or private parking lots for automobiles when adjacent to any "C" or "M"
District, subject to the requirements of the City's parking regulations, identified in
Part 6 of this Chapter.
5. Section 9224c1 is hereby amended as follows:
1. Except as provided in Section 9299 of this code a use authorized through a
Conditional Use Permit in this district shall comply with Section 9291.
6. Section 9225a is hereby amended as follows:
a Permitted Uses and Development Standards
In the Duplex Residential District (R -2), only the following uses (or uses which, in
the opinion of the Community Development Director and /or the Planning Commission,
are similar) will be allowed subject to the development standards identified in Table 1
of Section 9220 and /or as specified in this Chapter.
1. All uses permitted in the R -1 District, subject to the development standards
specified in the R -1 District, unless otherwise listed.
(a) Minimum lot area per family unit: 3,500 square feet
2. Duplexes or two detached single - family dwellings on the same lot.
7. Section 9225b is hereby amended as follows:
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the Community
Development Director and /or the Planning Commission, are similar) may be
conditionally permitted in the Duplex Residential District (R2) subject to the issuance of
a Conditional Use Permit and subject to the development standards identified in Table
1 of Section 9220 and /or as specified in this Chapter.
1. All uses conditionally permitted in the R1 District, subject to the development
standards specified in the R1 District, unless otherwise listed.
2. Triplexes (single structure)
(a) Maximum height: 35 feet
(b) Minimum building site area: 7,200 square feet
(c) Minimum lot width at property line: 60 feet
(d) Maximum lot coverage: 50 percent
(e) Minimum front yard setback: 20 feet
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
(h) Minimum lot area per family unit: 3,500 square feet
3. Day care center (as defined in the Health and Safety Code).
8. Section 9226 is hereby amended as follows:
9226 MULTIPLE FAMILY RESIDENTIAL DISTRICT (R3)
a Permitted Uses and Development Standards
In the Multifamily Residential District (R3), only the following uses (or uses which,
in the opinion of the Community Development Director and /or the Planning
Commission, are similar) will be allowed subject to the development standards
identified in Table 1 of Section 9220 and /or as specified in this Chapter.
1. All uses permitted in the R2 District, subject to the development standards
specified in the R2 District, unless otherwise listed.
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(a) Minimum landscape open space: 35 percent
(b) Minimum lot area per family unit: 1,750 square feet
2. Multiple family dwellings, apartment houses
3. Accessory building normally incidental to any of the above. This shall not be
construed as permitting any commercial use or occupation other than those
specifically listed.
(a) Maximum height: 25 feet
b Conditionally Permitted Uses and Development Standards
The following uses (or any other uses which, in the opinion of the Community
Development Director and /or the Planning Commission, are similar) may be
conditionally permitted in the Multiple Family Residential District (R3) subject to the ,
issuance of a Conditional Use Permit and subject to the development standards
identified in Table 1 of Section 9220 and /or as specified in this Chapter.
1. All uses conditionally permitted in R -2 District, subject to the development
standards specified in the R -2 District, unless otherwise listed.
2. Boarding houses
(a) Maximum height: 2 stories or 35 feet
(b) Minimum building site: 7,500 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: 20 feet
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 25 feet
(h) Minimum common open space for boarding houses: Three hundred (300)
square feet per boarding or rooming house and fifty (50) square feet per
occupant. Common open space shall consist of unenclosed or partially
enclosed areas set aside for passive and active recreational uses.
Common open space shall not include driveways, parking areas, or
required front and side yard setback areas.
(i)
Minimum private open space for boarding houses: Twenty -five (25)
square feet per occupant. Private open space shall consist of partially
enclosed areas set aside for passive and active recreational uses that are
assigned to individual occupants and /or rooms, such as private patios or
balconies.
3. Community centers, social halls, lodges, clubs
(a) Maximum height: 30 feet
(b) Minimum building site: 20,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage: 40 percent
(e) Minimum front yard setback: 25 feet, unless otherwise indicated on
Zoning Map
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 20 feet
4. Rest homes, extended care facilities, convalescent hospitals, and sanitariums
(a) Maximum height: 40 feet
(b) Minimum building site: 7,500 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
5. Condominiums (as defined in the Civil Code), Community Apartment Projects (as
defined in the Business and Professions Code), and Stock Cooperatives (as
defined in the Business and Professions Code) when developed, or to be
developed, pursuant to the criteria of the Planned Development District.
6. Professional office use
(a) Maximum height: 40 feet
(b) Minimum building site: 7,000 square feet
(c) Minimum lot width at property line: 70 feet
(d) Maximum lot coverage: 75 percent
(e) Minimum front yard setback: 15 feet (unless otherwise indicated on
Zoning Maps)
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(f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(g) Minimum rear yard setback: 10 feet
7. Swim schools
c Maximum Height, Exception
Notwithstanding any provision to the contrary contained in this Section 9226,
when a lot in the R3 District abuts at any point along its property lines or is directly
across a street or alley from property zoned RA, E4 or R1 (developed or
undeveloped), no main building shall be erected on said R3 lot to a height to exceed
one (1) story, and /or twenty (20) feet, whichever is more restrictive, within one hundred
fifty (150) feet of said RA, E4 and R1 zoned property, unless the Planning Agency
shall grant a conditional use permit thereof.
d Minimum Open Space Requirements
1. Private outdoor open space — Each dwelling unit shall have a minimum private
open space of one hundred (100) square feet per dwelling unit. This shall be
provided in the form of an appurtenant private patio, deck or balcony.
2. Common open space — 300 square feet per dwelling unit located within common,
designated recreational areas. Private attached ground level patios may be
included if open on three sides. Areas not available for open space credit include
driveways, parking lots or required front and side yard setbacks.
9. Section 9227b is hereby amended as follows:
b Development Standards
Development standards shall be the following:
1. Minimum building site
(a) Mobile home park or travel trailer park: five (5) acres.
(b) Individual lot: The total area of all trailer and /or mobile home spaces shall
be equal to or greater than the product of the total number of spaces
multiplied by two thousand eight hundred (2,800) square feet.
(c) Travel trailer spaces, with a minimum lot size of one thousand five
hundred (1,500) square feet, shall not exceed ten (10) percent of the total
spaces in a mobile home park.
2. Maximum density
(a) Mobile home park: Ten (10) dwelling units per net acre (public streets
excluded)
(b) Travel trailer park: Fifteen (15) dwelling units per net acre.
(c) Any lawfully established and developed parcel which is legal and
conforming or legally nonconforming as of the date of the adoption of this
subsection, and with the acquisitions of public rights -of -way by a public
agency would result in densities exceeding the density permitted by the
Zoning Code or would result in an increased nonconformity with regard to
density shall not be considered legal nonconforming pursuant to Section
9227b2 and Section 9273 of the Zoning Code with regard to density only,
provided that all other provisions of the Zoning Code are satisfied.
3. Maximum height: Thirty (30) feet.
4. Minimum yards and setbacks
(a) Front yard:
Trailer park —None
Individual lot —Five (5) feet (measured from curb to actual structure, hitch
excluded)
(b) Side yard:
Trailer park —None
Individual lot —Three (3) feet
5. Maximum lot coverage -75 percent
6. Recreation area required
A minimum of one hundred (100) square feet of recreational space shall be
provided for each trailer or mobile home lot in the park. If more than twenty -five
(25) percent of the spaces in the park are occupied by persons having one (1) or
more children under the age of fifteen (15), an additional fifty (50) square feet of
recreational space shall be provided for each trailer or mobile home lot so
occupied.
7. Fences and walls
Any mobile home or travel trailer park shall be surrounded by a six -foot, sight -
obscuring fence or wall, of uniform treatment, except within twenty -five (25) feet
of an entrance to, or exit from, a public street where such fence or wall shall have
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a maximum height of three (3) feet unless greater height is specifically approved
in the conditional use permit.
8. Clothes drying
An enclosed area screened from view shall be provided for the outdoor drying of
clothes. No clothes drying shall be permitted on the individual lot unless done
within an enclosed structure.
9. Irrigation of landscaped areas
All landscaped areas, other than on individual spaces, shall be provided with an
irrigation system.
10. Architectural approval
All recreational and service structures, landscaping and the exterior fence
constructed in a mobile home or travel trailer park shall be approved by the
Architectural Committee.
10. Section 9228 is hereby amended as follows:
9228 SUBURBAN RESIDENTIAL DISTRICT (R4)
a Permitted Uses
In the Suburban Residential District (R4) only the following uses (or uses which,
in the opinion of the Community Development Director and /or the Planning
Commission, are similar) will be allowed, subject to the development standards
identified in Table 1 of Section 9220 and /or as specified in this Chapter.
1. Accessory buildings or uses (see Sections 9223a2 and 9223a3 for
development standards)
2. Farming (general) of agricultural crops on the land and grazing, but not
including any poultry or animal raising enterprise conducted on a commercial
basis
3. Home occupations in accordance with this Chapter
4. Recreation areas (public) and buildings, parks, playfields and playgrounds
5. Residential uses (all of a permanent character, placed in permanent
locations)
(a) Single- family dwellings
(b) Two (2) or more detached one - family dwellings
(c) Two - family dwellings
(d) Multiple - family dwellings and apartment houses
6. Large family day care home (subject to the provisions set forth in Section
9271aa)
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and /or the Planning Commission, are similar) may be
conditionally permitted in the Suburban Residential District (R4) subject to the
issuance of a Conditional Use Permit and subject to the development standards
identified in Table 1 of Section 9220 and /or as specified in this Chapter.
1. Boarding houses (see Section 9226b2 for additional development standards)
2. Day care center (subject to Section 9271aa2)
3. Parks (private) and recreation areas, recreation buildings, playfields and
playgrounds, but not including amusement parks or other parks of a commercial
nature
4. Places of worship, museums, libraries, public schools and colleges, private
schools and colleges
5. Rest homes, extended care facilities, convalescent hospitals, and sanitariums
6. Utility structures - Electric distribution substations, gas metering and regulating
stations and other similar public utility structures and uses rendering direct
services to the public in a local area
c Maximum Height, Exception
Notwithstanding any provision to the contrary contained in this Section 9228,
when a lot in the R4 District abuts at any point along its property lines or is directly
across a street or alley from property zoned RA, E4 or R1 (developed or
undeveloped), no main building shall be erected on said R4 lot to a height to exceed
one (1) story, and /or twenty (20) feet, whichever is more restrictive, within one hundred
fifty (150) feet of said RA, E4 or R1 zoned property, unless the Planning Agency shall
grant a conditional use permit thereof.
11. Section 9230 is hereby added as follows:
9230 COMMERCIAL SITE DEVELOPMENT STANDARDS
Site Development Standards for Commercial uses by Zoning District. Site
development standards for Commercial uses shall comply with the standards
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listed in Table 1, unless otherwise noted. For site development standards for
additional permitted or conditionally permitted uses refer to districts in Part 3 of
this Chapter.
Table 1:
Commercial Site Development Standards
(1) If it fronts onto secondary or primary highway then refer to section 9271 u
(2) Less parking and landscaping requirements, subject to General Provisions for permitted uses only.
(3) If development is located within the Cultural Resources District (CR), refer to Section 9252j for additional standards
(4) For Conditional Permitted Uses as specified in Use Permit.
Minimum Lot
Minimum
Lot
Building
Front
Interior Side
Corner Side
Zoning
Area
lot width
Coverage
Height
Yard(')
Yard(')
Yazd(')
Rear Yard(')
Pr Professional
7,200 sq ft
N/A
N/A
Two stories
20 feet
5 feet
5 feet
5 feet for one (1) story
Residential
or 35 feet
building, 10 feet for
District(3)
two (2) story building
(Sec 9231)
Cl Retail
5,000 sq ft
50 feet
N/A
35 feet
None
None, l0 feet
None,10 feet
None, 5 feet when
Commercial
when property
when property
property abuts "R"
District
abuts "R"
abuts "R"
District
(Service
District
District
Stations see
9232b26)
C2 Central
200 sq ft
N/A
100
50 feet
None,10 feet
None,10 feet
None,10 feet
None
Commercial
percent(2)
when
when property
when property
District(3)
property
abuts "R"
abuts "R"
(Sec. 9233)
abuts "R"
District
District
District
C3 Heavy
2,000 sq ft
N/A
100
50 feet
None,10 feet
None,10 feet
None,10 feet
None,5 feet when
Commercial
percent(2)
when
when property
when property
abutting on a alley(4)
Districts
property
abuts "R"
abuts "R"
(Sec. 9234)
abuts "R"
District
District
District
CG Commercial
3,000 sq ft
70 feet
100
35 feet
10 feet
None, 10 feet
None, 10 feet
15 feet when abutting
General
percentr))
from ultimate
from ultimate
a Single Family
District
street right of
street right of
Dwelling, 5 feet when
(Sec. 9235)
way or
way or
abutting an alley or
adjoining
adjoining
private easement
residential lot
residential lot
(1) If it fronts onto secondary or primary highway then refer to section 9271 u
(2) Less parking and landscaping requirements, subject to General Provisions for permitted uses only.
(3) If development is located within the Cultural Resources District (CR), refer to Section 9252j for additional standards
(4) For Conditional Permitted Uses as specified in Use Permit.
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12. Section 9231 is hereby amended as follows:
9231 PROFESSIONAL DISTRICT (Pr)
a Permitted Uses
In the Professional District (Pr), only the following uses (or uses which, in the
opinion of the Community Development Director and /or the Planning Commission, are
similar) will be allowed subject to the development standards identified in Table 1 of
Section 9230 and /or as specified in this Chapter.
1. Accessory buildings and uses (except that no building site may be used
simultaneously for residential and professional purposes)
2. Advertising agencies
3. Automobile broker (office -use only)
4. Banks, financial institutions, and savings and loans (no drive -thru)
5. Collection agencies
6. Home occupations in accordance with this Chapter
7. Insurance agencies
8. Interior decorator or artist studios
9. Land and property management
10. Management, technical or professional consultants
11. Massage Establishments (Subject to Article 3 Chapter 6 Part 6 of the Tustin City
Code)
12. Office uses - including professional and general (as defined in Section 9297)
13. Personnel agencies
14. Pharmacies - dispensing and selling only drugs, medicines and health
15. Photographers
16. Single- family dwellings and those accessory structures, buildings and uses
normally incidental to the uses of a building or premises for single - family
occupancy subject to the requirements of the R1 District
17. Social work
18. Stock brokers
19. Title insurance companies
20. Travel agencies
21. Tutoring Facilities
b General Conditions and Regulations for Permitted Uses
1. General conditions and regulations of building and site use for all permitted uses
except single - family dwellings and those accessory structures, buildings and
uses normally incident to the uses of a building or premises for single - family
occupancy, subject to the requirements of the R1 District:
(a) Except for parking areas, which may be unenclosed, all uses shall be
conducted wholly within an enclosed building.
(b) All storage shall be within an enclosed building, and shall be limited to the
accessory storage of supplies utilized in the business conducted upon the
premises.
(c) All portions of the building site, exclusive of structures, parking areas,
driveways and walkways, shall be landscaped and maintained.
(d) No certificate of use and occupancy shall be granted until these
requirements are met.
c Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and /or the Planning Commission, are similar) may be
conditionally permitted in the Professional District (Pr) subject to the issuance of a
Conditional Use Permit and subject to the development standards identified in Table 1
of Section 9230 and /or as specified in this Chapter.
1. Adult entertainment booking agencies (as defined in Section 3141 and subject to
the provisions set forth in Chapter 9)
2. Drive -thru facilities
3. Professional, instructional, motivational and /or seminar schools
13. Section 9232 is hereby amended as follows:
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9232 RETAIL COMMERCIAL DISTRICT (C1)
a Permitted Uses
In the Retail Commercial District (C1), only the following uses (or uses which, in
the opinion of the Community Development Director and /or the Planning Commission,
are similar) will be allowed subject to the development standards identified in Table 1
of Section 9230 and /or as specified in this Chapter.
1. General retail businesses, exemplified by the following list, when conducted
within a building:
(a) Alcoholic beverage sales (off -site) located within a building and permitted
business with at least 15,000 square feet of gross floor area and where the
alcoholic beverage sales area within the building occupies no more than 10
percent of the gross floor area
(b) Antiques and curios
(c) Appliance stores (including repairs)
(d) Art galleries
(e) Bakeries
(f) Bicycle sales (including repairs)
(g) Books and stationeries
(h) Ceramics (not including molding, casting or manufacturing by any process)
(i) Clothing
(j) Confectioneries
(k) Department stores
(I) Drug stores (including sundries and notions)
(m) Dry goods
(n) Florist shops
(o) Food markets
(p) Furniture sales (new or used /consignment)
(q) Hardware stores
(r) Household goods and furnishings
(s) Jewelry stores (including repair and watch making)
(t) Leather goods
(u) Musical supplies and instruments
(v) News stands
(w) Office supplies and equipment
(x) Paint and wallpaper supplies
(y) Religious supplies
(z) Secondhand sales without pawn
(aa) Shoe stores
(bb) Sporting goods (not including boat and motor sales)
(cc) Variety stores /gift shops
2. Service businesses, exemplified by the following list, including any retail sales
incidental thereto, when conducted within a building:
(a) Banks, financial institutions and savings and loans (including those providing
drive -thru service)
(b) Barber shops
(c) Beauty parlors
(d) Body art facilities (as defined in Section 3141, and subject to the
requirements of Part 4 of Chapter 1 of Article 4)
(e) Dry- cleaning or laundry agencies (pick -up and delivery only)
(f) Equipment rental business conducted within a building (light materials, i.e.
party supplies, household appliances, small household tools, medical
equipment, etc.)
(g) Instructional Studios
(h) Laundromats or other self- service laundering facilities
(i) Locksmiths
(j) Massage establishments
(k) Pet Grooming
(I) Reprographics
(m) Restaurants (not including drive - ins /drive -thru)
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(n) Reverse vending machines (as defined by and subject to the provisions set
forth in Section 9271bb)
(o) Seamstress or millinery shops
(p) Shoe or luggage repair shops
(q) Smog check stations with service bays in conjunction with approved service
station
(r) Tailor shops
(s) Travel agencies
(t) Tutoring facilities
3. Office uses - including professional and general (as defined in Section 9297 and
subject to the provisions set forth in Section 9271ee)
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and /or the Planning Commission, are similar) may be
conditionally permitted in the Retail Commercial District (C1) subject to the issuance of
a Conditional Use Permit and subject to the development standards identified in Table
1 of Section 9230 and /or as specified in this Chapter.
1. Adult entertainment booking agencies (as defined in Section 3141 and subject to
the provisions set forth in Chapter 9)
2. Alcoholic beverage sales establishments subject to the provisions set forth in
Section 9271dd and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
3. Animal hospitals or clinics (small animals)
4. Automotive supplies (installation of minor replacement parts and accessories
within an enclosed building)
5. Bakeries (wholesale)
6. Bowling alleys
7. Bulk reverse vending machines subject to the provisions of Section 9271bb
8. Car Wash
9. Clubs and social halls
10. Convenience stores
11. Day care centers (subject to Section 9271 aa2)
12. Donation centers ancillary to permitted and conditionally permitted commercial
retail businesses
13. Drive -thru Facilities (Drive -in and Drive -thru)
14. Fortune - telling businesses (as defined in Section 3141)
15. Fraternal organizations and lodges
16. Gymnasiums and health clubs
17. Hotel and Motels
18. Large Recycling Locations occupying a permanent building or store front as
defined by and subject to the provisions set forth in Section 9271 bb
19. Mortuaries
20. Office uses (new) - Development or construction of new building structures
where more than fifty (50) percent of the total floor area or any portion of the
ground floor area is designated for use by professional or general offices (as
defined in Section 9297) subject to office use criteria as set forth in Section
9271ee
21. Parking lots (commercial)
22. Places of worship
23. Rest homes, extended care facilities, convalescent hospitals, and sanitariums
24. Public schools & uses, private schools
25. Service stations
(a) Maximum height: 35 feet
(b) Minimum building site: 10,000 square feet
(c) Minimum lot width at property line: 100 feet
(d) Maximum lot coverage by building or structures: 50 percent
(e) Minimum front yard setback: 15 feet unless otherwise indicated on Zoning
Map
(f) Minimum side yard setback: 8 feet
26. Specialty stores
27. Theaters
c Development Standards
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1. None of the above listed uses or any other use determined to be permitted shall
maintain any outside storage or work areas.
d Use Criteria — Office Development
1. Office developments within the Retail Commercial District (C1) shall be
constructed to conform with the parking standards for retail commercial uses on
the first floor area of the building unless otherwise specifically exempted pursuant
to the approved conditional use permit.
2. Findings, including but not limited to the following, shall be made by the Planning
Commission prior to approving a Conditional Use Permit for construction of a
building where greater than fifty (50) percent of the total floor area, or any portion
of the ground floor area is designated for office use.
(a) Development or construction of professional or general office buildings
would be more compatible with the surrounding uses in the area than
permitted retail commercial uses on the subject property.
3. Development or construction of buildings restricted to a mixture of uses in which
the retail commercial floor area exceeds fifty (50) percent of the total floor area is
exempt from office development use criteria.
14. Section 9233 is hereby amended as follows:
9233 RETAIL COMMERCIAL DISTRICT (C2)
a Permitted Uses
In the Central Commercial District (C2), only the following uses (or uses which, in
the opinion of the Community Development Director and /or the Planning Commission,
are similar) will be allowed subject to the development standards identified in Table 1
of Section 9230 and /or as specified in this Chapter.
1. All uses listed as permitted in the C1 District, subject to the use and development
criteria specified in Section 9232 (except uses listed as permitted below)
2. Office uses - including professional and general not fronting onto Main Street or
El Camino Real or located outside the Old Town Commercial General Plan land
use designation (subject to the provisions set forth in Section 9271ee)
3. Retail uses exemplified by the following:
(a) Clothing apparel receiving and distributing
(b) Electronics stores
(c) Furniture consignment sales
(d) Nurseries
4. Service uses, exemplified by the following list, including any retail sales incidental
thereto:
(a) Bowling alleys
(b) Coin operated machinery - repairs, sales and services
(c) Dental /medical Lab
(d) Electronics research laboratories and prototype assembly
(e) Mortuaries
b Conditionally Permitted Uses
The following uses (or any other uses which, in the opinion of the Community
Development Director and /or the Planning Commission, are similar) may be
conditionally permitted in the Central Commercial District (C2) subject to the issuance
of a Conditional Use Permit and subject to the development standards identified in
Table 1 of Section 9230 and /or as specified in this Chapter.
1. All conditionally permitted uses in the C1 District, subject to the development
and use criteria specified thereto (uses listed in Section 9233a are permitted).
2. Amusement resorts, arcades, and private recreational facilities which include
video and vending machines or other such contrivances in excess of five (5)
which are identical to the principal business
3. Automotive repair shops
4. Automotive /vehicle sales lots (used /pre- owned)
5. Billiard parlors and pool halls
6. Cleaning and dyeing establishments
7. Equipment rentals of heavy machinery (trailers, tractors, skip loaders)
8. Garages (public)
9. Karaoke music studio
10. Office uses - Professional and general offices (as defined in Section 9297)
fronting onto Main Street or El Camino Real or located within the Old Town
Commercial General Plan land use designation (subject to the provisions set
forth in Section 9271ee)
11. Outdoor markets and outdoor sales establishments
12. Party facilities including birthday party businesses
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13. Pet shops
14. Secondhand sales with pawn /collections
15. Section 9234 is hereby amended as follows:
9234 HEAVY COMMERCIAL DISTRICT (C3)
a Permitted Uses
In the Heavy Commercial District (C3) District, only the following uses (or uses
which, in the opinion of the Community Development Director and /or the Planning
Commission, are similar) will be allowed subject to the development standards
identified in Table 1 of Section 9230 and /or as specified in this Chapter.
1. All uses listed as permitted in the C2 Districts, subject to the use and
development criteria specified thereto (except uses listed as permitted below)
2. Electronic plants
3. Research plants
4. Secondhand sales
5. Wholesale stores and storage
b Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and /or the Planning Commission, are similar) may be permitted in the Heavy
Commercial District (C3) subject to the issuance of a Conditional Use Permit and
subject to the development standards identified in Table 1 of Section 9230 and /or as
specified in this Chapter.
1. All uses listed as conditionally permitted in the C2 Districts subject to the use
and development criteria specified thereto.
2. Light manufacturing of clothing, novelties, and toys
16. Section 9235 is hereby amended as follows:
9235 COMMERCIAL GENERAL DISTRICT (CG)
a Purpose
To provide for and encourage the orderly development of commercial areas
throughout the City in accordance with the Land Use Element of the General Plan,
which will serve the demand for a wide variety of goods and services.
b Permitted Uses
In the Commercial General District (CG), the following uses (or uses which, in the
opinion of the Community Development Director and /or the Planning Commission, are
similar) will be allowed subject to the development standards identified in Table 1 of
Section 9230 and /or as specified in this Chapter.
1 All uses listed as permitted in the C2 Districts subject to the use and
development criteria specified thereto (except uses listed as permitted below)
c Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and /or the Planning Commission, are similar) may be permitted in the
Commercial General (CG) District subject to the issuance of a Conditional Use Permit
and subject to the development standards identified in Table 1 of Section 9230 and /or
as specified in this Chapter.
1. All uses listed as conditionally permitted in the C1 and C2 Districts subject to the
use and development criteria specified thereto (except uses listed in Section
9235b are permitted)
2. Any use permitted under Section 9235b in excess of five (5) acres in total parcel
space
3. Building supply
4. Business school
5. Manufacturing, fabrication, distribution facilities occupying less than 50 percent of
floor area and less than 50 percent of operations
d Restricted Uses
1. No warehousing or storage other than accessory storage of commodities sold at
retail on the premises shall be permitted except as otherwise provided by this
Section.
2. No manufacturing, processing or treatment of products other than that which is
clearly indicated to the retail business conducted on the premises shall be
permitted.
3. Not more than five (5) persons shall be engaged on the premises in the
incidental manufacturing, processing or treatment of products as permitted
herein.
4. None of the above listed uses or any other use determined to be permitted shall
maintain any outside storage or work areas.
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5. No residential use shall be permitted in any structure used for commercial
purposes, except for caretaker facilities incidental to the permitted use.
e Development Standards
1. Maximum structural height
The maximum height of any building or structure shall not exceed three stories
nor thirty -five (35) feet; provided, however, that penthouse or roof structures for
the housing of elevators, stairways, tanks, ventilating fans or similar equipment
required to operate and maintain the buildings, and fire or parapet walls,
skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts
or similar structures may exceed such height limit; provided no space above such
height limit shall be allowed for the purpose of providing additional floor space.
2. Structural setbacks
(a) Front yard
A minimum of ten (10) feet front structural setback shall be required from
the ultimate street right -of -way line.
(b) Side yard
A minimum of ten (10) feet side yard structural setback shall be required
from the ultimate street right -of -way line or adjoining residential lot.
Otherwise, no side yard setback shall be required.
(c) Rear yard
Where any commercially zoned property rears upon the rear or side yard
of property classified for single - family residential purposes, there shall be
a rear yard of not less than fifteen (15) feet. Where the commercial
property rears upon an alley or private drive easement, there shall be a
rear yard setback of not less than five (5) feet. Otherwise, no rear yard
need be provided.
3. Lot coverage
Commercial sites may have 100 percent lot coverage less that required for
landscaping and parking requirements.
4. Lot size (building site)
A building site shall occupy not less than a 3,000 square foot parcel.
5. Refuse storage requirements
Refuse storage areas shall conform to the standards and criteria contained in the
Guidelines for Planning, Zoning and Development, as adopted by the City
Council.
6. Street dedication
Highway dedication and improvements shall be as required by Section 9271x.
7. Suffix (supplemental provisions)
Properties designated "CG -PUD" on the Zoning Map shall require the submission
and approval of design plans for a Conditional Use Permit pursuant to the
requirements for Planned Unit Developments.
f Limitations and Exceptions
1. Use of properties zoned other than "CG," for general commercial purposes
Where property classified for "CG" uses has a depth of two hundred (200) feet or
less, as measured at right angles from the street frontage indicated as business
frontage, additional adjoining property may be used for commercial purposes
when such adjoining property fronts upon the side street, and the side of such
adjoining property abuts upon the property classified for "CG" purposes. The
additional property so used shall be a part of and an extension of the particular
use occupying the corner property. The use of subject property shall require
approval of a conditional use permit.
2. Exception to height limitations
Height limitations of this Section may be exceeded for those structures removed
more than two hundred (200) feet from any single - family residential zone, subject
to approval of a conditional use permit.
3. Exception to setback requirements
Exceptions to the general setback requirements of this section shall be made
only in conformance with the development criteria of specific plans as approved
by the City Council.
g Use Criteria — Office Development
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1. Office developments within the Commercial General District (CG) shall conform
to retail commercial use parking standards for the first floor area unless
otherwise specifically exempted pursuant to the approved conditional use permit.
2. Findings, including but not limited to the following, shall be made by the Planning
Commission prior to approving a Conditional Use Permit for construction of a
building where greater than fifty (50) percent of the total floor area, or any portion
of the ground floor area is designated for office use.
(a) Development or construction of professional or general office buildings
would be more compatible with the surrounding uses in the area than
permitted retail commercial uses on the subject property.
3. Development or construction of buildings restricted to a mixture of uses in which
the retail commercial floor area exceeds fifty (50) percent of the total building
floor area are exempt from office development use criteria.
17. Section 9240 is hereby added as follows:
9240 INDUSTRIAL AND OTHER ZONING DISTRICT SITE DEVELOPMENT STANDARDS
Site Development Standards for Industrial and other uses by Zoning District. Site development standards for
industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site
development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this
Chapter.
Industrial and Other Development Standards
Citv of Tustin
(1) If it fronts onto secondary or primary highway then refer to section 9271 u
(2) Less parking and landscaping requirements
Minimum
Minimum
Building
Interior
Comer Side
Zoning
Lot Area
lot width
Lot Coverage
Height
Front Yard(')
Side Yard(')
Yard")
Rear Yard()
PM Planned Industrial
20, 000 sq ft
100 feet
100 Percent(2)
50 feet
25 feet
3 feet
3 feet
10 feet
District
(Sec. 9241)
M Industrial District
N/A
N/A
100 Percent(2)
50 feet
None
None
None
None
(Sec. 9242)
U Unclassified District
As established by Conditional Use Permit
(Sec. 9243)
PC Planned Community
As determined with adoption of PC District
District
(Sec. 9244)
P&I Public and
As established by Conditional Use Permit
Institutional District
(Sec. 9244)
SPA MCAS Tustin
As set forth in MCAS Tustin Specific Plan
Specific Plan
(Sec. 92,
(1) If it fronts onto secondary or primary highway then refer to section 9271 u
(2) Less parking and landscaping requirements
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18. Section 9241 is hereby amended as follows:
9241 PLANNED INDUSTRIAL DISTRICT (PM)
a Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and /or the Planning Commission are similar) will be allowed in the Planned
Industrial District (PM) subject to the development standards identified in Table 1 of
Section 9240 and /or as specified in this Chapter:
1. Alcoholic beverage sales (off-site) located within a building and permitted
business with at least 15,000 square feet of gross floor area and where the
alcoholic beverage sales area within the building occupies no more than 10
percent of the gross floor area
2. Book binding
3. Bulk merchandise sales
4. Ceramic and plastic fabrication
5. Chemical laboratories
6. Delicatessens
7. Design and development
8. Distributors of electronic, electrical, and electromechanical products
9. Finished paper products
10. Food (and kindred products) manufacturing or storage
11. Laboratories for research and development
12. Leather products
13. Light industrial, research and development, and manufacturing uses which do
not maintain greater than fifty (50) percent of their gross floor area for office
purposes
14. Office uses - including administrative and professional offices (as defined in
Section 9297) that are accessory to permitted uses (subject to the provisions
set forth in Section 9271ee)
15. Outside storage (in conjunction with permitted use) enclosed in minimum of six -
foot high solid fence
16. Parking lots
17. Pharmaceutical products
18. Photography and printing plants
19. Precision machine shop
20. Prototype weapons and fabrication of components
21. Public utility uses (except the storage of flammable fuel products)
22. Scientific instrument manufacturing
23. Textile and furniture manufacturing
b Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community
Development Director and /or the Planning Commission, are similar) may be
permitted in the Planned Industrial District (PM) subject to the issuance of a
Conditional Use Permit and subject to the development standards identified in
Table 1 of Section 9230 and /or as specified in this Chapter.
1. Alcoholic beverage sales establishments subject to the provisions set forth in
Section 9271dd and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
2. Offices (greater than 50 percent of gross floor area)
19. Section 9242 is hereby amended as follows:
9242 INDUSTRIAL DISTRICT (M)
a Permitted Uses
In the Industrial District (M), the following uses (or uses which, in the opinion of
the Community Development Director and /or the Planning Commission, are similar)
will be allowed subject to the development standards identified in Table 1 of Section
9240 and /or as specified in this Chapter.
1. All uses permitted in the PM District
2. Sexually oriented businesses, as defined in section 3911(a), and subject to the
provisions set forth in Article 3 Chapter 9 of the Tustin City Code.
b Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and /or the Planning Commission, are similar) may be permitted in the
Industrial District (M) subject to the issuance of a Conditional Use Permit and subject
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to the development standards identified in Table 1 of Section 9240 and /or as specified
in this Chapter.
1. All conditionally permitted uses in the PM District, subject to the development
and use criteria specified thereto.
2. All permitted uses that utilize greater than fifty (50) percent of their gross floor
area for office use (including administrative and professional offices as defined in
Section 9297 and subject to the provisions set forth in Section 9271ee)
3. Building material yards
4. Caretaker's residential unit when in conjunction with permitted use
5. Convenience stores
6. Hazardous waste facilities (subject to all standards and criteria contained in the
Tustin City Code)
7. Indoor Kennels and Animal Boarding Facilities
8. Manufacturing uses (subject to compliance with performance standards of the Air
Pollution Control Board)
9. Places of worship, subject to adopted guidelines
10. Restaurants
11. Retail commercial uses
12. Schools for professional, instructional, motivational, vocational and /or seminar
uses
13. Specialty stores
20. Section 9243 is hereby amended as follows:
In the Unclassified District (U) all uses are permitted unless otherwise prohibited
by law, provided that a Conditional Use Permit shall first be secured for any use to be
established in any "U" District, with development criteria as specified in the Conditional
Use Permit.
21. Section 9244d is hereby amended as follows.
d Permitted Uses
In the Planned Community District (PC), the following uses (or uses which, in the
opinion of the Community Development Director and /or the Planning Commission, are
similar) will be allowed subject to the development standards identified in Table 1 of
Section 9240 and /or as specified in this Chapter.
1. The uses permitted in any PC District shall be those designated on the approved
development plan. In the event that such approved usage does not conform to
the General Plan of the City, the General Plan may be amended, pursuant to the
General Plan Amendment process to conform to the development plan. Said
amendment may be processed simultaneous with the amending of the zoning
ordinance classifying the area PC.
2. The continued use of land within a PC District for agricultural
3. Grading shall be permitted within a PC District outside of an area of immediate
development subject to securing a grading permit.
4. Any area designated for residential use may be developed at a lower residential
density than is indicated on the approved development plan without requiring an
amendment of the development plan.
5. Large family day care homes (subject to the provisions set forth in Section
9271aa).
6. Reverse vending machines (Subject to standards contained in Section 9271 bb).
7. Sexually oriented businesses, as defined in Section 3911(a), and subject to the
provisions set forth in Article 3 Chapter 9 of the Tustin City Code. (PCMU,PC-
COM and PC -IND zones only)
22. Section 9244e5(c) is hereby amended as follows.
(c) The Planning Commission has granted a Conditional Use Permit for any
specific development.
23. Section 9244e6 is hereby amended as follows:
6. Application for a Conditional Use Permit for development as stipulated above
shall include the following as applicable:
(a)
Topographic map of the property showing the proposed method of
adapting the development to the site.
(b) Legal description or boundary survey of the property;
(c) Location, grades, widths and types of improvements proposed for all
utilities, streets, walkways, driveways and service areas;
(d) Location, height, number of stories and number of residential units, if any,
for each proposed structure;
(e) Location and design of automobile parking areas;
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(0
(g)
Preliminary landscaping plan;
Location of public or quasi - public buildings or areas, including but not
limited to, schools, recreation facilities, parking areas, and service areas,
if any;
(h) Elevations of structures showing architectural type;
(1) Irrevocable offers to dedicate those areas shown on the plan as public
property;
0) Method by which the property could be divided for the sale or lease of
individual parcels;
(k) Method by which open space areas are to be perpetually maintained.
24. Sections 9244f is hereby amended as follows:
f Conditionally Permitted Uses
The following uses (or uses which, in the opinion of the Community Development
Director and /or the Planning Commission, are similar) may be permitted in the
Industrial District (PC) subject to the issuance of a Conditional Use Permit and subject
to the development standards identified in Table 1 of Section 9240 and /or as specified
in this Chapter.
1. Alcoholic beverage sales establishments subject to the provisions set forth in
Section 9271dd and the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments
25. Section 9245b1 is hereby amended as follows:
1. Places of Worship, subject to adopted guidelines
26. Section 9245c is hereby amended as follows:
c Development Standards
The development standards and requirements for development and changes in
use shall be those contained in the general section of this Chapter and as specified
and approved by the Planning Commission as conditions of the Conditional Use
Permit.
27. Section 9252g3 is hereby amended as follows:
3. The Community Development Director shall have the authority to approve,
approve with conditions, or deny Certificates of Appropriateness for
improvements requiring a City building permit. In reviewing applications for a
Certificate of Appropriateness, the Community Development Director may
consult with and receive the advice and recommendation of the Planning
Commission, in their capacity as the Historic Resource Committee, prior to
rendering a decision.
28. Section 9252i3 is hereby amended as follows:
In addition to the above requirement, no demolition permit or relocation permit shall
be issued for the demolition or relocation of a Designated Cultural Resource or
structure within a Cultural Resource District built prior to 1940 until a Certificate of
Appropriateness and City building permit has been issued for a replacement structure
or as otherwise approved by the Director of Community Development.
29. Section 9252j3(c) is hereby amended as follows:
(a) Authorized and encouraged uses:
The following uses are authorized and encouraged with the interest of
creating a commercial village atmosphere:
Pipe and tobacco shops
Lamp shops
Wine tasting rooms /Micro -winery (not
subject to distance requirements in
section 9271dd)
Yardage goods
Leather goods
Knit shops
Candle shops
Ice cream shops
Boutique
Jewelry shops
Coffee shops
Wrought iron ware
Ethnic restaurants
Art galleries
(Spanish, Mexican,
French, German)
General offices
(if located on any floor above and if less
than 50 percent of total area are
occupied by general offices, consistent
with Section 9233a(1)(g)
Hobby shops
Delicatessens
Photographer's studios
Antique shops
China and crystal
Gift shops
The above list of potential uses is not all encompassing but typifies the
character of uses that illustrate the desired image.
30. Section 9270 is hereby amended as follows:
9270 REGULATIONS
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All regulations in this Chapter pertaining to the districts established in Sections
9213a and b hereof are subject to the general provisions, conditions and exceptions
contained in this Part.
a Uses Permitted Subject to Conditional Use Permit
All of the uses listed in this Part, and all matters directly related thereto are
declared to be uses possessing characteristics of such unique and special form as
to make impractical their inclusion in any class of use set forth in the various
districts herein defined, and therefore the authority for and location of the operation
of any of the uses designated herein shall be subject to the issuance of a
Conditional Use Permit in accordance with the provisions of Section 9291. In
addition to the criteria for determining whether or not a Conditional Use Permit
should be issued as set forth in Section 9293b hereof, the Zoning Administrator or
Planning Commission shall consider the following additional factors to determine
that the characteristics of the listed uses will not be unreasonably incompatible with
uses permitted in surrounding areas.
(1) Damage or nuisance from noise, smoke, odor, dust or vibration;
(2) Hazard from explosion, contamination or fire;
(3) Hazard occasioned by unusual volume or character or traffic or
the congregating of a large number of people or vehicles.
The uses referred to herein are as follows:
(a) Airports and landing fields.
(b) Establishments or enterprise involving large assemblages of people or
automobiles as follows:
(1) Amusement parks and race tracks;
(2) Recreational facilities, privately operated.
(c) The mining of natural mineral resources, together with the necessary
buildings and appurtenances incident thereto.
(d) Removal or deposit of earth other than in connection with excavations or
deposits in connection with construction of buildings, roadways, or public
or home improvements. -
(e) Presentation of live entertainment, pursuant to the live entertainment
permit per Article 3 of the Tustin City Code.
(f) Dish antennae located in residential zones exceeding three (3) feet in
diameter and located other than in rear yard areas obscured from public
right -of -way view.
(9)
Dish antennae located in all zones other than residential, exceeding three
(3) feet in diameter and not fully screened or otherwise obscured from
public right -of -way view.
b Approval of Temporary Uses
Temporary uses are typically associated with special events or community
events which are in place for a short period of time. Temporary Use Permits may
be issued no more than four (4) times per calendar year for each business, except
if approval is given by the Community Development Director for additional
Temporary Use Permits. Permits are required prior to a temporary outdoor use
occurring in any zone (excluding residential uses) as follows:
1. Requests for a temporary use of up to thirty (30) days require approval of a
Temporary Use Permit from the Community Development Department. .
2. Requests for more than thirty (30) days and up to one (1) year require
Community Development Director approval.
3. Requests for more than one (1) year require approval of a Conditional Use
Permit (CUP) by the Planning Commission.
Any temporary outdoor use involving five hundred (500) or more persons
gathering together at any given time may be subject to a Large Outdoor Gathering
Permit pursuant to Tustin City Code Sections 3241 through 3244
c Prohibited Uses
Any use that is not expressly permitted in a district as a permitted use or as
a conditionally permitted use, including a use in a district determined to be similar
in character to a particular use allowed in such district as provided in this Code,
shall be deemed a prohibited use and such use shall not be allowed in such
district.
31. Section 9271a is hereby repealed.
32. Section 9271b is hereby amended as follows:
b Public Utilities
1. General Utilities
(a) Public utilities for distribution of gas, water, electricity and telephone
communications shall be allowed in all districts without limitation as to
height or without obtaining a Conditional Use Permit thereof and the
provisions of this Chapter shall not be construed to limit or interfere with
the installation, maintenance and operation of public utility pipelines and
electric transmission or telephone communication lines when located in
accordance with the applicable rules and regulations of the Public
Utilities Commission of the State of California and within rights -of -way,
easements, franchise, or ownership of such public utilities.
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2. Utilities to be Placed Underground
(a)
Whenever any property in any one zone is developed with new or
relocated buildings or structures, or whenever enclosed floor area in
excess of 200 square feet is added to an existing building site in any
zone, except zones permitted for single family residential use, or
whenever a residential building or use is converted to any purpose or use
other than that which existed at the time of conversion, all electrical,
telephone, community antenna, television and similar service wires or
cables which provide direct service to the property being developed, shall,
within the exterior boundary lines of such property, be installed
underground.
(b) For the purpose of this Section, appurtenances and associated
equipment such as, but not limited to, surface mounted transformers,
pedestal mounted terminal boxes and meter cabinets, may be placed
above ground.
(c) The developer or owner is responsible for complying with the
requirements of this Section, and shall provide all necessary facilities on
their premises so as to receive such services from the supplying utility or
utilities subject to the applicable rules, regulations and tariffs on the
respective utility or utilities on file with the California Public Utilities
Commission.
(d) Where practical difficulties or unnecessary hardships inconsistent with the
provisions of this chapter result from its literal interpretation or
enforcement, the Planning Commission may waive, modify, or delay the
application of any undergrounding requirement upon written request by a
building site owner. Such request shall be filed with the Community
Development Department and shall contain any and all facts which are
offered in support
(e) If the Planning Commission's action is to delay the installation of required
undergrounding utilities, it may require the building site owner to file with
the City a cash deposit, and /or record a covenant sufficient to provide for
the future installation of the underground features which are to be
delayed. The amount of the cash deposit shall be determined by the
Building Official.
33. Section 9271d is hereby amended as follows:
d Height Limits of Towers
Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders,
radio and other towers, water tanks, steeples and similar structures and mechanical
appurtenances are permitted in a district, height limits may be exceeded upon the
securing of a Conditional Use Permit in each case.
34. Section 9271e is hereby amended as follows:
e Public and Semi - Public Building Height Limit
In any district with a height limit of less than seventy -five (75) feet, public and
semi - public buildings, schools, Places of Worship, hospitals and other institutions
permitted in such district may be erected to a height exceeding that herein specified for
such district, provided that the cubical contents of the building shall not exceed an area
equal to the area of the site upon which it is constructed multiplied by the factor three
(3), and provided that the front, rear and side yards shall be increased one (1) foot for
each one (1) foot by which such building exceeds the height limit hereinbefore
established for such district.
35. Section 9271f is hereby amended as follows:
f Height Limit in "C" or "M" Zone
Upon securing a Conditional Use Permit any building in any "C" or "M" District
may be erected to a height exceeding that herein specified for such district, provided
that the cubical contents of the building shall not exceed an area equal to the area of
the site upon which it is to be constructed multiplied by the factor five (5).
36. Section 9271i is hereby amended as follows:
i Fences, Solid Hedges and Walls
(1) Fences, solid hedges and walls may be erected in any district, subject to the
following conditions:
(a) Fences, solid hedges and walls shall not exceed six feet eight inches
(6'81 in height on or within all rear and side property lines on interior lot
lines, and on or to the rear of all front yard setback lines.
(b) No fence, solid hedge or wall over three (3) feet 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 be subject to the Intersection Site Distance requirements as
determined by the Public Works Department site distance
standards.
unless approved, in writing, by the Community Development Department.
(d) Fences, solid hedges, walls or structures exceeding, up to twenty (20)
percent, six feet eight inches (6'8 ") in height to enclose areas on the rear
half of a lot may be erected subject to a minor adjustment (refer to
Section 9299b(1)).
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(e) The provisions of this Section shall not apply to a fence or wall required
by any law or regulation of the State of California or any agency thereof or
by any other ordinance of the City of Tustin, for reasons of public safety.
(2) Walls shall be constructed and maintained on zone boundary lines as follows:
(a) Where any "C ", "M ", or "Pr" zone abuts upon any residential zone, there
shall be constructed a solid masonry wall, six feet eight inches (6'8 ") in
height on the zone boundary line.
(b) Where any "R -3 ", "R -4 ", or "PD" zone abuts upon any R -1 zone, there
shall be constructed a solid masonry wall six feet eight inches (6'8 ") in
height on the zone boundary line.
(c) Where any "M" zone abuts upon any "C" or "Pr" zone, there shall be
constructed a solid masonry wall six feet eight inches (6'8 ") in height on
the zone boundary line.
(d) The aforesaid walls shall be six feet eight inches (6'8 ") in height except
that portion of equal depth of the front yard on the abutting "R" classified
property which shall be three (3) feet in height unless a greater height is
approved in writing by the Planning Department.
(e) Provided, however, the Community Development Director may waive or
modify any wall requirements as specified in this Section where there is a
solid masonry wall existing immediately adjacent on the contiguous
property, upon finding and requiring that:
i) An existing wall meets or can be modified to conform to the intent
of this Section; and
ii) Suitable landscaping can be installed adjacent to the existing wall
to supplement and enhance the environmental buffering; and
iii) Protection can be afforded the existing wall to prevent vehicle
damage, if necessary; and
iv) Concurrence of the adjacent property owner can be obtained,
when necessary, to modify an existing wall to meet the
requirements of this Section.
(3) However, upon application and proceedings pursuant to Section 9291,
Conditional Use Permit, the Planning Commission may waive or modify the
requirements set forth herein.
(4) The fences, solid hedges and walls provided herein shall be measured and
constructed pursuant to development standards of the Building Department.
37. Section 9271n is hereby amended as follows:
n Accessory Structures
1 Accessory structures attached to a main building shall be made structurally a part
thereof, have a common roof with said main building and shall comply in all
respects with the requirements of this Chapter applicable to the main building.
2. Detached accessory structures, such as garages, carports, laundry and
recreation buildings, may be constructed on the front one -half (') of the lot,
provided, however, that in any R -3 or R-4 District no garage, carport, or laundry
building openings shall face an abutting street.
3. The architectural style of all sides of accessory buildings shall be compatible with
the architectural style of the main buildings.
4. Detached accessory structures may have a zero -foot side and rear yard property
line setback if abutting an adjoining structure on a separate lot with a zero -foot
setback or if the abutting lot is unimproved. If an adjoining structure on a
separate lot is constructed other than with a zero -foot property line setback, a
minimum of three (3) feet shall be maintained between the structures.
5. All accessory structures shall be located a minimum of twenty (20) feet from
street rights -of -way; provided, however, that accessory structures abutting a
State Highway, where no access is permitted, may have a zero -foot setback.
6. Detached accessory structures constructed within five (5) feet of any side or rear
property line in an "R" District shall be enclosed by a solid wall on such side or
sides; provided, however, that garages or carports facing an alley or an access
easement, the right of use of which is dedicated to the subject property, need not
be enclosed on such side or sides constructed within five (5) feet of a side or rear
property line if the minimum backing space is twenty -five (25) feet from the
carports or garages to the far side of the alley or access easement.
38. Section 9271s and 9271t are hereby repealed in their entirety.
39. Section 9271u is hereby amended as follows:
u Building Lines
Building lines are as stated in this Section unless otherwise shown on Zone
Map. No building shall be closer to a property line or to the center line of
any street or highway than the building line applicable thereto.
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Front side or rear yard abutting or street, measured from center line:
Building Line for SECONDARY
Highway (80' R/W)
Building Line for PRIMARY
Highway (100' R/W)
DISTRICT
Front
Side
Rear
Front
Side
Rear
RA
60'
50'
65'
70'
60'
75'
E4
60'
50'
65'
70'
60'
75'
R1
60'
50'
65'
70'
60'
75'
R2
60'
50'
65'
70'
60'
75'
R3
60'
50'
65'
70'
60'
75'
C1
55'
55'
55'
65'
65'
65'
C2
55'
55'
55'
65'
65'
65'
C3
55'
55'
55'
65'
65'
65'
CG
55'
55'
55'
65'
65'
65'
M
55'
55'
55'
65'
65'
65'
PM
65'
65'
65'
75'
75'
75'
Irvine Blvd. setback —Ten (10) feet from right -of -way line.
40. Section 9271w is hereby repealed.
41. Section 9271y(2) is hereby amended as follows:
(2) Location:
(a) Residential zones: A dish antenna installed at ground level in the rear
yard and obscured from public right -of -way view is exempt from the
requirement of a Conditional Use Permit. If a useable signal cannot be
obtained from a rear yard location, the dish antenna may be located in the
side yard of the property or on a building roof subject to issuance of a
Conditional Use Permit.
(b) Nonresidential zones: A dish antenna located at ground level or on a
building roof completely obscured from public right -of -way view is exempt
from the requirement of a Conditional Use Permit. Those antennas which
cannot be obscured as determined by City staff are subject to issuance of
a Conditional Use Permit.
42. Section 9271 bb is hereby amended as follows:
bb Recycling Centers
An operation /use which is certified by the Department of Resources
Recycling and Recovery which accepts from consumers, and pays or provides the
refund value pursuant to Section 14572 of the California Beverage Container
Recycling and Litter Reduction Act, for empty beverage containers intended to be
recycled.
Recycling Location – A place, mobile unit, reverse vending machine, or other
device where a certified recycling center accepts one of more types of empty
beverage containers from consumers, and pays or provides the refund value for
one or more types of empty beverage containers.
As used in the Tustin City Code recycling locations shall include:
(a) Reverse Vending Machines - A mechanical device of 50 square feet or
less which accepts one or more types of empty beverage containers and
issues a cash refund or a redeemable credit slip with a value not less
than the container's refund value as determined by California state law.
The refund value payments shall be aggregated and then paid, if more
than one container is redeemed in a single transaction. A Reverse
Vending Machine may sort and process containers mechanically provided
that the entire process is enclosed within the machine. (In order to accept
and temporarily store all three (3) container types in a proportion
commensurate with their relative redemption rates, and to meet the
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requirements of certification as a recycling facility, multiple grouping of
Reverse Vending Machines may be necessary.)
(b) Bulk Reverse Vending Machines — An attendant operated reverse
vending machine occupying greater than 50 square feet, but less than
500 square feet. Machines shall be designed to accept more than one
container at a time, and will pay by weight instead of container.
(c) Large Recycling Locations — Recycling locations occupying a permanent
building or store front.
Recycling locations defined in this section shall be subject to the following
provisions:
(1) Reverse vending machines:
(a) Established in conjunction with a supermarket or convenience zone
(as defined in Section 9297) in compliance with the zoning, building
and fire codes of the City of Tustin
(b) Located within 30 feet of the entrance to the supermarket and shall
not obstruct pedestrian or vehicular circulation
(c) Does not occupy parking spaces required by the primary use
(d) Occupies no more than 50 square feet of floor space per installation,
including any protective enclosure
(e) Maximum height: 8 feet
(f) Constructed and maintained with durable waterproof and rustproof
material
(g) Clearly marked to identify the type of material to be deposited,
operating instructions, and the identity and phone number of the
operator or responsible person to call if the machine is inoperable
(h) Sign area shall be limited to a maximum of 4 square feet per machine,
exclusive of operating instructions
(i)
Maintained in a clean, litter -free condition on a daily basis
(j) Operating hours shall be at least the operating hours of the
supermarket (host use), but may be 24 hours
(k) Illuminated to ensure comfortable and safe operation if operating
hours are between dusk and dawn
(I) Outdoor storage of any kind is prohibited
(2) Bulk Reverse Vending Machines:
(a) Established in conjunction with a supermarket or convenience zones (as
defined in Section 9297) which is in compliance with the zoning, building
and fire codes of the City of Tustin
(b) No larger than 500 square feet and not occupying any parking spaces
required by the primary use
(c) Maximum height: 10 feet
(d) Shall not obstruct pedestrian or vehicular circulation, and shall be located
within 100 feet of the host use
(e) Minimum setbacks: 10 feet from any property line
(f) Accept only glass, metals, plastic containers, papers and reusable items.
Used motor oil may be accepted with permission of the Orange County
Fire Authority and Health Department
(g) No power- driven processing equipment except for reverse vending
machines shall be used
(h) Containers are constructed and maintained with durable waterproof and
rustproof material, secured from unauthorized entry or removal of material
and shall be of a capacity sufficient to accommodate materials collected
and collection schedule
(i) All recyclable material shall be stored internally
(j) Maintained free of litter, pests, vermin and any other undesirable materials
at all times
(k) Not exceed exterior noise levels of 60 dBA
(I) Containers for donation of materials shall be at least 75 feet from any
property zoned or occupied for residential use and shall not operate
between the hours of 12:00 a.m. and 6:00 a.m.
(m)
Containers shall be clearly marked to identify the type of material which
may be deposited; the facility shall be clearly marked to identify the name
and telephone number of the facility operator and the hours of operation,
and display a notice stating that no material shall be left outside the
recycling enclosure or containers
(n) Bulk vending machines may have informational signs required by State
law pursuant to Section 9272; other signs including directional signs,
bearing no advertising message, may be installed with the approval of the
Community Development Director pursuant to Design Review Section
9272 if necessary to facilitate traffic circulation, or if the facility is not visible
from the public right -of -way
(o) Placement of the facility shall not require removal of existing landscaping
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(3) Large Recycling Locations:
(a) The facility shall not abut a property zoned or planned for residential use if
in a free standing building
(b) The facility shall operate in an enclosed building with outside storage
prohibited
(c) Setbacks, height, lot coverage, and landscape requirements shall be those
provided for in the C -1 Zoning District unless it occupies an existing store
front or building
(d) Site shall be maintained free of litter, pests, vermin and any other
undesirable materials at all times and shall be cleaned of loose debris on a
daily basis
(e) Exterior noise levels shall not exceed 60 dBA
(f) If the facility is located in a free standing building which lies within 500 feet
of property zoned, planned or occupied for residential use, it shall not be in
operation between 7:00 p.m. and 7:00 a.m.
(g) The facility shall display a notice stating that no material shall be left
outside the recycling containers
(h) The facility shall be clearly marked with the name and phone number of
the facility operator and the hours of operation; identification and
informational signs shall meet the standards of the C -1 Zoning District; and
directional signs, bearing no advertising message, may be installed with
the approval of the Community Development Director pursuant to design
review, Section 9272, if necessary, to facilitate traffic circulation or if the
facility is not visible from the public right -of -way
(i) Power - driven processing, including aluminum foil and can compacting,
baling, plastic shredding, or other light processing activities shall be
prohibited
0) Twenty- four -hour operation is prohibited
43. Section 9271cc is hereby repealed in its entirety.
44. Section 9271dd is hereby amended as follows:
dd Alcoholic beverage sales establishments
Subject to the Planning Commission's Guidelines for Alcoholic Beverage Sales
Establishments and the following criteria:
(1) Off -site - located in a building and permitted business with less than 15,000
square feet of gross floor area, and permitted businesses with more than 15,000
square feet of gross floor area where the off -site alcoholic beverage sales area
within the building occupies more than 10 percent of the gross floor area, subject
to the following minimum distance regulations:
(a) 300 feet from any residentially zoned or used property; and 500 feet from
any other existing off -site sales establishment; and 600 feet from any
place of worship, public or private school, park, playground, clinic,
hospital, health care facility or convalescent home; and 600 feet from any
existing on -site sales establishments, except restaurant establishments
(b) Minimum distances between off -site sales establishments and
residentially zoned or used property, places of worship, public or private
schools, parks, playgrounds, clinics, hospitals, health care facilities and
convalescent homes shall be computed by measuring the distance from
the closest entry/exit provided for public /customer access of the off -site
sales establishment to the property line of any of the above uses (whether
inside or outside the City boundaries)
(c) Minimum distances between off -site sales establishment and another off -
site or on -site sales establishment, except for restaurant establishments,
(whether inside or outside the City boundaries) shall be computed by
measuring the distance between the closest exterior structural walls of
each use
(d) Specialty stores as defined in Section 9297 of the Tustin City Code shall
be exempt from minimum distance regulations
(2) On -site - subject to the following minimum distance regulations (except for
restaurant establishments):
(a) 1,000 feet from any residentially zoned or used property; and 1,000 feet
from any other existing on -site sales establishments, except for restaurant
establishments or off-site sales establishments; and 1,000 feet from any
place of worship, public or private school, park, playground, clinic,
hospital, health care facility or convalescent home
(b) Minimum distances between on -site sales establishments, except for
restaurant establishments, and residentially zoned or used property,
places of worship, public or private schools, parks, playgrounds, clinics,
hospitals, health care facilities and convalescent homes shall be
computed by measuring the distance from the closest exterior wall of the
on -site establishment to the property line of any of the above uses
(whether inside or outside the City boundaries)
(c) Minimum distances between on -site sales establishments and another
off -site or on -site sales establishment, except for restaurant
establishments, (whether inside or outside the City boundaries) shall be
computed by measuring the distance between the closest exterior
structural walls of each use
45. Section 9271ee is hereby amended as follows:
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ee Office Uses
(1) Office developments within the Retail Commercial District (C -1), Central
Commercial District (C -2), and Commercial General District (CG) shall be
constructed to conform to the following criteria:
(a) Parking standards for retail commercial uses on the first floor area of the
building shall be subject to Part 6 Off - Street Parking requirements of the
Zoning Code unless otherwise specifically exempted pursuant to an
approved Conditional Use Permit.
(b) Findings, including, but not limited to the following, shall be made by the
Planning Commission prior to approving a Conditional Use Permit for
construction of a building where greater than fifty (50) percent of the total
floor area or any portion of the ground floor area is designated for use by
professional or general offices:
Development or construction of professional or general office
buildings would be more compatible with surrounding uses in the
area than permitted retail commercial uses on the subject
property.
(c) Development or construction of buildings restricted to a mixture of uses in
which the retail commercial floor area exceeds fifty (50) percent of the
total floor area is exempt from office development use criteria.
(2) Professional and general offices fronting onto Main Street or El Camino Real and
located within the Old Town Commercial General Plan land use designation are
also subject to the approval of a Conditional Use Permit (pursuant to Section
9299b(3)(k)) and the following criteria for office development.
(a) Professional and general offices proposed at the ground floor level or that
are greater than fifty (50) percent of the total building floor area shall not
be approved unless the approving authority finds, based on supporting
documentation and evidence, that an office use would be more
compatible with the existing and planned uses in the vicinity than a retail
commercial use on the subject property and that an office use would be
more beneficial in implementing applicable land use policies such as the
Tustin General Plan, Tustin City Code, and any Tustin Community
Redevelopment Agency Project Area Redevelopment Plan than a retail
commercial use on the subject property.
(b) Approval of professional and general office uses shall meet one (1) or
more of the following criterion:
The proposed use is to be located in an existing building originally
designed, built, and occupied as offices or converted to office use
pursuant to an approved building permit.
ii. The proposed use is to be located in an existing building that
because of its design and orientation is impractical to modify or
alter to accommodate retail establishments.
The proposed use is to be located in an existing building requiring
significant reconstruction that is not economically feasible or
practical to accommodate retail establishments.
iv. The proposed use is to be located in a multi- tenant retail center
and is ancillary but complementary to the remaining mixed uses
with respect to type of use, hours of operation, convenience, and
parking demand.
v. The proposed use is determined to be beneficial, complementary,
and compatible with surrounding neighborhood and nearby retail
establishments.
46. Section 9271ff is hereby added as follows:
ff Operation of Uses
All uses (including storage) shall be conducted within a completely
enclosed building except those that are specifically permitted or 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.
47. Section 9271gg is hereby added as follows:
gg Home Occupation
All home occupations operating within the City of Tustin are subject to the
following provisions:
i. No persons employed who are not residents on the premises
ii. No exterior display
iii. No stock -in -trade or commodity sold upon the premises
iv. No mechanical or electrical equipment used except such as is customary
for housekeeping purposes
v. No outside operations or storage
vi. No alteration of the residential appearance of the premises
vii. No alterations which negatively impact the health safety or welfare of the
general public, or which emits smoke, dust, fumes, odors, vibrations,
glare or electrical disturbances onto any other premises
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viii. No activity which generates excessive pedestrian traffic or vehicular traffic
or parking excess or that otherwise normally found in the zone
ix. No parking or use made of any vehicle over three - fourths ton carrying
capacity
48. Section 9271 hh is hereby added as follows:
hh Light and Glare
All exterior lighting shall be subject to the following standards, unless
otherwise exempted by the City of Tustin:
(a) Outdoor lighting shall be designed so as to minimize impacts from light
pollution including light trespass and glare to minimize conflict caused by
unnecessary illumination.
(b) Outdoor lighting fixtures that are used to illuminate a premises,
architectural feature or landscape feature on private property shall be
directed, shielded, or located in such a manner that the light source is not
directed offsite.
49. Section 9271 ii is hereby added as follows:
ii Equipment Screening
Roof top equipment screening (subject to review and approval by the Community
Development Department)
(a) Roof - mounted equipment screening shall be a minimum of six (6) inches
above the tallest piece of equipment and constructed in a way as to
effectively screen equipment from view at right -of -way.
(b) Screening element must appear visually integrated with the architecture
of the building.
50. Section 9272a(1) is hereby amended as follows:
a Review Required
(1) The City Council finds that poor quality in the exterior design, development and
maintenance of structures, landscaping and general appearance affects the
desirability of the neighborhood and the community as a whole, and impairs the
benefits of both potential and existing uses to the detriment of the public health,
safety, comfort and general welfare.
51. Section 9272c is hereby amended as follows:
c Conditions of Approval
The Community Development Director shall approve the submitted plans if
he finds that the location, size, architectural features and general appearance of
the proposed development will not impair the orderly and harmonious development
of the area, the present or future development therein, the occupancy thereof, or
the community as a whole. In making such findings, the Community Development
Director shall consider the following items:
(1) Height, bulk and area of buildings
(2) Setbacks and site planning
(3) Exterior materials and colors
(4) Type and pitch of roofs
(5) Size and spacing of windows, doors and other openings
(6) Towers, chimneys, roof structures, flagpoles, radio and television antennas
(7) Landscaping, parking area design and traffic circulation
(8) Location, height and standards of exterior illumination
(9) Location and appearance of equipment located outside of an enclosed
structure
(10) Location and method of refuse storage
(11) Physical relationship of proposed structures to existing structures in the
neighborhood
(12) Appearance and design relationship of proposed structures to existing
structures and possible future structures in the neighborhood and public
thoroughfares.
(13) Proposed signing
(14) Development guidelines and criteria as adopted by the City Council
52. Section 9272d is hereby amended as follows:
d Procedures and Time Limits
(1) The Community Development Department shall review all applications for a
Conditional Use Permit, variance and other proceedings subject to public
hearing before the Planning Commission, and shall render to the Planning
Commission a report of its review, observations and recommendation prior to
the date of such public hearing.
(2) Pertinent information shall be furnished to the Community Development
Department to enable review and evaluation of proposed developments.
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(3) The decision of the Community Development Director in matters of original
jurisdiction and those referred to him by the Planning Commission or City
Council shall be final, unless appealed in writing as herein provided.
53. (4) Development shall commence within one (1) year of approval, otherwise, a new
evaluation and review shall be required prior to any development, unless otherwise
authorized by the Community Development Director. Section 9272g is hereby
repealed in its entirety.
54. Section 9273(a) is hereby amended as follows:
(a) Except as otherwise provided in this Section, a lawfully established structure or
use may be continued although the particular structure or use does not conform
to current applicable regulations for the district in which the particular structure is
located or use is made; provided, however, no legal nonconforming structure or
use of land may be extended to occupy a greater area of land or structure than is
legally authorized at the time the structure or use first becomes legal
nonconforming. If any legal nonconforming structure or use is discontinued or
abandoned, any subsequent use of such land or structure shall conform to the
regulations specified for the district in which such land or structure is located. If
no structural alterations are made therein, a legal nonconforming use may be
changed to another use of the same or more restrictive classification upon the
securing of a Conditional Use Permit. If the legal nonconforming use is replaced
by a more restrictive legal nonconforming use, the occupancy thereafter may not
revert to a less restrictive use. If any legal nonconforming use is wholly
discontinued for any reason, except pursuant to a valid order of a court of law, for
a period of one (1) year, it shall be conclusively presumed that such use has
been abandoned within the meaning of this Chapter, and all future uses shall
comply with the regulations of the particular district in which the land or structure
is located.
55. Section 9273(b)(6) is hereby amended as follows:
(6) The owner or any other individual may, within twenty (20) calendar days of the
mailing of the preliminary determination, request a hearing on the preliminary
determination before the Zoning Administrator by submitting a written request
identifying the preliminary determination, and submitting therewith a hearing fee
in such amount as the City Council may establish by resolution. The hearing shall
be set within thirty (30) calendar days and occur within ninety (90) calendar days
of the receipt of the request for hearing, and notice of the hearing shall be mailed
at least ten (10) calendar days prior to the hearing to the owner and to any other
individual(s) requesting the hearing. The owner and each individual requesting
the hearing shall have the opportunity to present evidence and witnesses
regarding the nonconforming status. The hearing may be continued from time to
time by the Community Development Director. Within thirty (30) calendar days of
the conclusion of the hearing, the Community Development Director shall send to
the owner and any individual requesting the hearing a written final determination
of conforming or nonconforming status that shall include a finding that the
available evidence indicates the use and /or the structure is or is not legal
nonconforming. If no hearing is timely requested, the preliminary determination
shall be deemed final.
56. Section 9273(d) is hereby amended as follows:
(d) A legal nonconforming structure, destroyed to the extent of more than fifty (50)
percent of its replacement value at the time of its destruction by fire, explosion or
other casualty or act of God, may be restored or used only in compliance with the
regulations existing in the district wherein it is located, except Multiple family
dwellings (see Section 9273(h)).
57. Section 9273(h) is hereby added as follows:
(h) Multiple family dwellings: Reconstruction /replacement
Multiple family dwellings damaged or destroyed due to catastrophic events may
be reconstructed or replaced by new identical construction pursuant to the same
development standards applied to the damaged or destroyed dwelling units.
However, repair or replacement construction shall comply with all current building
and fire code regulations. (CAL. GOV. CODE § 65852.25)
58. Section 9274a(1) is hereby amended as follows:
(1) Part 9, Administration of this Chapter concerning application for and action on a
Conditional Use Permit.
59. Section 9274e(4)(b) is hereby amended as follows:
(b) In no event may rents be increased following approval of a tentative map or
Conditional Use Permit without prior City Council approval by resolution or
minute order.
60. Section 9275 is hereby amended as follows:
9275 REGULATION OF AREAS FOR COLLECTING AND LOADING
RECYCLABLE MATERIALS
Shall conform to standards and site development standards set forth in Section
4316 of the Tustin City Code et al.
61. Section 9276b definition of "Building- mounted" is hereby amended as follows:
"Building- mounted' means affixed to a building or to such as a water tank,
billboard, steeple, freestanding sign, etc.
62. Section 9276f(2)(a) is hereby amended as follows:
(2) Site selection order of preference
(a) Wireless communication facilities shall be located in the following order of
preference:
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1. On existing structures such as buildings, communication towers,
steeples, freestanding signs, and /or co- located on existing facilities.
2. In locations where the existing topography, vegetation, buildings, or
other structures provide the greatest amount of screening.
3. On vacant ground without significant visual mitigation only in
commercial and industrial zoning districts.
63. Section 9276j is hereby amended as follows:
j Monitoring Program
Each wireless communication facility approved subsequent to the adoption of
Ordinance No. 1192 shall be reviewed by the Community Development Director at the
end of five (5) years and /or at annual intervals thereafter from the date of design
review and /or conditional use permit approval. The Community Development Director
may defer this review to the Planning Commission on a case -by -case basis. The
Director or Planning Commission, as applicable, may recommend a condition of
approval to the Planning Commission or the City Council, respectively, to modify
existing conditions or impose new conditions as part of this review to protect the public
health, safety, community aesthetics and general welfare, which condition shall be
subject to the approval of the City Council.
64. Section 9276k is hereby amended as follows:
k Conditional Use Permit Expiration
Each major wireless communication facility approved subsequent to the adoption
of Ordinance No. 1192 shall be approved for a period not to exceed the term of the
lease with the property owner, including any extension thereof, for the major wireless
communication facility. A recorded memorandum of lease setting forth the term of the
lease shall be submitted to the Community Development Director prior to the issuance
of a building permit for the major wireless communication facility. If the lease is
extended or terminated, the operator of the wireless communication facility shall
provide notice and evidence thereof in writing to the Community Development Director
no later than five (5) days prior to the extension or termination of the lease. Upon
termination or expiration of the lease, the Conditional Use Permit for the facility shall
become null and void and the facility removed
65. Section 9290 is hereby amended as follows:
9290 ZONING PERMITS
Zoning Permit shall be issued in conjunction with and as a part of building
permits, only after the Community Development Director has given written approval
that any proposed use or the erection, construction, reconstruction, alteration or
conversion is in conformance with the regulations for the district in which it is to be
located.
No building permit shall be issued until the zoning permit portion thereof
has been completed by the Community Development Director.
66. Section 9291 is hereby amended as follows:
9291 CONDITIONAL USE PERMITS
a General
Conditional Use Permits may be issued as provided in this Section for any
of the uses or purposes for which such permits are required or permitted by the
terms of this Chapter upon conditions designated by the Zoning Administrator or
the Planning Commission. The Zoning Administrator or the Planning Commission
may impose such conditions as it deems necessary to secure the purposes of this
Chapter and may require tangible guarantees or evidence that such conditions are
being or will be complied with. Applications for Conditional Use Permits may be
considered after holding public hearings thereon, as required by law. Notice of
such hearings shall be given to the persons designated and in the manner
prescribed in Section 9296b.
b Application
Application for Conditional Use Permits shall be made in writing by the
owners of the property, lessee, purchaser in escrow, or optionee, with the consent
of the owners, or plaintiff in an action for eminent domain for acquisition of said
property, on a form prescribed by the Planning Commission. The application shall
be accompanied by a fee as set forth by City Council Resolution and plans
showing the details of the proposed use to be made of the land or building.
c Decision of the Zoning Administrator or the Planning Commission
Upon receipt of the application for Conditional Use Permit, the Zoning
Administrator or Planning Commission shall determine whether or not the
establishment, maintenance or operation of the use applied for will, under the
circumstances of the particular case, be detrimental to the health, safety, morals,
comfort and general welfare of the persons residing or working in the neighborhood
of such proposed use, or whether it will be injurious or detrimental to property and
improvements in the neighborhood or the general welfare of the City. If the
Commission finds that the aforementioned conditions will not result from the
particular use applied for, it shall grant the Conditional Use Permit. The granting of
a Conditional Use Permit applied for by the plaintiff in an action in eminent domain
to acquire the property shall be conditioned upon ultimate vesting of title of the
property to the plaintiff.
67. Section 9292b is hereby amended as follows:
b Use Variances Not Allowed
The use of lands or buildings not in conformity with the regulations or prohibited
in the specified district in which such lands or buildings are located may not be allowed
by the granting of a variance from the strict application of the terms of this Chapter.
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68. Section 9293 is hereby amended as follows:
9293 PERMITS
a Effective Date of a Permit
No Conditional Use Permit or permit granting a variance shall have any force or
effect until the applicant thereof actually receives such permit designating the
conditions of its issue thereon and signed by the Secretary of the Planning
Commission, Zoning Administrator or the City Council. No permit shall be issued by
the City until the time for filing an appeal from decisions of the Planning Commission or
Zoning Administrator as provided in Section 9294 hereof has expired, or, in the event
of such appeal, after the final determination thereof by the City Council.
b Length of Permits
Any Conditional Use Permit or variance granted in accordance with the terms of
this chapter shall be null and void if not used within one (1) year from the date of the
approval thereof or within any longer period of time if so designated by the Zoning
Administrator, Planning Commission or the City Council.
c Revocation of Permits
Any Conditional Use Permit or variance granted in accordance with the terms of
this chapter may be revoked by the City Council in the manner hereinafter set forth if
any of the conditions or terms of such permits are violated or if the following findings
are made:
(1)
In connection with Conditional Use Permits: The continuance of the use
would be detrimental to the health, safety, morals, comfort and general
welfare of the persons residing or working in the neighborhood of such use,
or would be injurious or detrimental to property and improvements in the
neighborhood or to the general welfare of the City.
(2) In connection with variances: Continued relief from the strict application of the
terms of this chapter would be contrary to the public interest, safety, health
and welfare.
d Hearing for Revocation of Permits
Before the City Council considers revocation of any permit, the Planning
Commission shall hold a hearing thereon after giving written notice thereof to the
permittee at least ten (10) days in advance of such hearing. Within five (5) days
thereafter, the Commission shall transmit a report of its findings and its
recommendations on the revocation to the City Council.
e Subsequent Applications
For a period of one (1) year following the approval, denial or revocation of a
discretionary land use permit, no application for the same or substantially similar
discretionary permit for the same site shall be filed.
f Modification of Conditions of Approval
No request for modifications of any condition of approval relating to any fee,
exaction or dedication of real property imposed on any land use permit or approval
shall be accepted after the final decision on the land use permit or approval unless
accompanied by a significant change in the size or intensity of the proposed project.
69. Section 9296 is hereby amended as follows:
9296 NOTICES OF HEARING
a Public Hearing
Whenever this Chapter prescribes that a public hearing shall be held on the
discretionary application such as, but not limited to, variance or amendments to
this Chapter, notice thereof shall be given as provided in this Section.
b Notice of Hearing
Notices of the public hearings on applications for Conditional Use Permit,
variance, appeals and amendments to this Chapter changing the boundaries of
any district shall be given by the body conducting such hearings in the manner
prescribed by Sections 65090 or 65091 and 65854 of the Government Code of the
State of California.
c Notice of Hearing: Special Hearings
Notices of public hearings on matters other than as specified in Subsection
"V hereof shall be given by the body conducting such hearing by publication in a
newspaper of general circulation in the City of Tustin, at least ten (10) days before
the hearing.
d Notice of Hearing: Failure to Post Notices
Failure to mail or post notices as specified in Subsection "b" hereof shall
not invalidate any proceedings.
e Notice of Hearing: Filing of Affidavit
Upon completion of the posting or mailing of the notices provided for in
Subsection "b" and publication of notices as provided in Subsections "b" and "c"
hereof, the City Clerk, if the hearing is held by the Planning Commission, or if the
hearing is held by the City Council shall cause an affidavit of such mailing or
publication to be filed in the permanent records of the particular proceedings to
which such notices pertain.
70. Section 9297 the following definitions are hereby amended or added as follows:
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"Convenience Zone" means the area within a 'IA mile radius of a
"Supermarket ", defined as meeting the following definitions based on CAL. PRC.
CODE § 14526.5:
— Identified in the Progressive Grocer Marketing Guidebook.
- Gross annual sales of $2 million or more.
- A "full- line" store that sells a line of dry groceries, canned goods,
or non -food items and perishable items.
"Delicatessen" means a small market or deli selling ready -to -eat foods,
including but not limited to cold cooked meats, sandwiches, and salads.
"Dwelling" means a building or portion thereof designed for residential
use.
"Frontage or Fronting" means the portion of a parcel which abuts a street
right -of -way.
"Guest Quarters" means an attached or detached building or room that
provides living quarters for guests and (a) contains no kitchen or cooking
facilities; (b) is clearly subordinate and incidental to the principle residence on the
same building site; and (c) is not rented or leased, whether compensation is
direct or indirect.
"Home Occupation" means an occupation carried on wholly within a
dwelling by an occupant of the dwelling, as a secondary use.
"Lot Coverage" or "Building Site Coverage" the percentage of the building
site area that is covered by the area within the perimeter of all structures located
on the building site area. Covered area shall include all areas under roof, but not
include roof overhangs, open trellis and covered porches, Swimming pools and
spas are not considered in calculating structural site coverage.
"Lot Types" means types of lots that include the following (See Figure 5-
3), Lot Types:
1. Corner lot. A lot located at the intersection of two or more streets
where they intersect at an interior angle of not more than 135
degrees. If the intersection angle is more than 135 degrees, the lot is
considered an interior lot.
2. Double- frontage lot. A "through" lot with frontage on two generally
parallel streets.
3. Flag lot. A lot having access to a public street by means of private
right -of -way strip that must be owned in fee.
4. Interior lot. A lot abutting only one street.
5. Reverse corner lot. A corner lot in which the corner lot line is
substantially a continuation of the front property line of the first lot to
its rear.
Figure 5 -3: Lot Types
interior -Lot,‘;,
Doude Frontage Lot
Corner Lot 3
Corner Lot j Interiortot
Reverse
Corner Lot'
i i.
"Micro- winery" ' means an establishment that, inbludes beverage
production of wine and may include a tasting facility and sale of wine produced
by the owner of the establishment. The establishment shall not include the sale
of alcoholic beverages for on -site consumption with the exception of sampling the
product within the tasting facility. Wineries shall provide ancillary food service in
combination with its primary use.
"Places of Worship" means a structure or portion of a structure that is
used for the gathering of people for the purpose of performing acts of religious
study, honor or devotion. ,
"Recycling Center" is a center for the collection of recyclable materials.
(See Section 9271 bb for recycling center regulations and classifications).
"Service Station" means a use which provides for the servicing of motor
vehicles and operations incidental thereto, limited to the retail sale of petroleum
products and automotive accessories; automobile washing by hand; waxing and
polishing of automobiles; tire changing and repairing (excluding recapping);
battery service, charging and replacement, not including repair and rebuilding;
radiator cleaning and flushing, excluding steam cleaning and repair; installation
of accessories; also including the following operations if conducted within a
building; lubrication of motor vehicles; brake servicing limited to servicing and
replacement of brake cylinders and brake shoes; wheel balancing; the testing,
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adjustment, and replacement of carburetors, coils, condensers, distributor caps,
fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water
and fuel pumps, water hoses and wiring.
"Second Residential Unit" means a building or portion thereof designed
for residential use on a lot developed with a legal conforming single - family
dwelling.
71. Section 9298 is hereby amended as follows:
9298 INTERPRETATION AND ENFORCEMENT
a Continuity of Law
Except as specifically provided herein, this chapter shall not be interpreted
-to repeal, abrogate, annul or in any way affect any existing provision of any law or
ordinance or regulations or permits previously adopted or issued relating to the
erection, construction, moving, alteration or enlargement of any building or
improvement; provided however, in any instances where this chapter.irnposes
greater restrictions upon the erection, construction, establishment, moving,
alteration or, improvement of buildings or the use of any building or structure that is
imposed orrequired by an existing law, ordinance or regulation, the provisions of
thih chapter shall control.
b Criteria for Use Determination
Whenever the Director of Community Development, Planning Commission
or City Council is called upon to determine, in cases of ambiguity, whether or not
the use of any land or structure in any district is similar in character to the particular
uses or plans allowed in the district, the Director of Community Development,
Planning Commission or the City Council shall consider the following factors as
criteria for their determination, as applicable:
(1) Effect upon the public health, safety and general welfare of the neighborhood
involved and the City at large.
(2) Effect upon traffic conditions.
(3) Effect upon the orderly development of the area in question and the City at
large, in regard to the general planning of the whole community.
(4) All other pertinent facts.
c Interpretation
If any ambiguity arises concerning the appropriate provisions of the
chapter, the Director of Community Development shall make an interpretation or
the Planning Commission shall ascertain all pertinent facts and make an
interpretation based on its findings and thereafter such interpretation shall govern.
d Responsibility of Enforcement
It shall be the duty of the Director of Community Development or
designee to enforce the provisions of this chapter pertaining to the use of land or
buildings . in the erection, construction, reconstruction, moving, alteration, or
addition to any buildings or structures. Any permit or license of any type issues! by
any department or officer of the City of Tustin issued in conflict with the provisions
of this chapter is hereby declared to be null and void.-
e Procedures
Any building or structure erected, constructed, altered, enlarged, converted,
moved or maintained contrary to the provisions of this chapter and any use of land
or buildings operated or maintained contrary to the provisions of this chapter are
hereby declared to be public nuisances. The City Council may commence -the
necessary action or proceedings for the abatement, removal and enjoining thereof
in the manner prescribed by law in the courts which may have jurisdiction to grant
such relief as will accomplish such abatement and restraint. The remedies
provided for in this section shall be in addition to any other remedy or remedies or
penalties provided in this chapter or any other law or ordinance.
f Appeals
Ji.
Any person may appeal any decision of the Director of Community
Development in accordance with Section 9294 of this Code.
g Consistency With All Laws
Notwithstanding any provision of this Code to the contrary, any use,
entitlement, authorization, license, or permit allowed or issued under this Code,
including without limitation any accessory or ancillary use, shall be consistent with
applicable state and federal law. Any use or activity that is illegal under local, state,
or federal law shall be deemed a prohibited use in all districts within the City.
72. Section 9299b is hereby amended as follows:
b Duties
The Community Development Director, or his /her designee, acting as the
Zoning Administrator, shall have dual responsibility with that of the Planning
Commission to hear and decide in accordance with Council policy and provisions
of this chapter, and has the authority to approve, conditionally approve or deny the
following requests when such requests constitute a reasonable use of property not
permissible under a strict literal interpretation of the regulations. The Zoning
Administrator reserves the right to forward any matter listed below to the Planning
Commission for consideration and action. Requests for minor adjustments Zoning
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Administrator variances in excess of the limitations prescribed in this subsection, or
those development standards not specifically listed in this subsection, shall be
subject to the approval of a variance by the Planning Commission. Requests for
conditional use permits or other specified development applications not specifically
listed in this subsection shall be subject to the approval of a conditional use permit
or other discretionary review by the Planning Commission or other reviewing body
as applicable.
(1) Minor adjustments:
(a) A decrease of not more than five (5) percent of the required building site
area.
(b) A decrease of not more than ten (10) percent of a required building or
landscaping setback.
(c) An increase of not more than twenty (20) percent in the maximum permitted
height of a fence solid hedge or wall, subject to city approved structural
design.
(d) An increase of not more than ten (10) percent of the permitted projection of
steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry
chimneys, raised porches and fireplaces into any required building setback.
(e) An increase of not more than ten (10) percent in the maximum permitted
building height.
(f) A decrease in the number of required off - street parking spaces for
nonresidential land uses up to a maximum of ten (10) percent.
(g)
A decrease of not more than ten percent (10 %) in the permitted distances
between detached accessory structures and main structures.
(h) An increase of not more than ten (10) percent in the maximum permitted
driveway area within the front yard setback for residential districts or the
front yard for commercial and industrial districts.
(i)
A decrease in the number of required off- street parking spaces for
residential land uses by a maximum of one (1) parking space. When a
second residential unit is being added under the provisions of Section 9222
or 9223, parking shall be in accordance with the requirements of those
sections.
(j) A increase of not more than ten (10) percent of the maximum sign area
allowed, per zoning regulations.
(2) Variances when required by the City Code:
(a) A decrease of not more than ten (10) percent of an individual required
building site area.
(b) An increase of not more than twenty (20) percent of the permitted projection
of steps, stairways, landings, eaves, cornices, canopies, overhangs,
masonry chimneys, raised porches and fireplaces into any required building
setback.
(c) A decrease in the number of required off - street parking spaces for
nonresidential land uses up to a maximum of twenty (20) percent.
(d) A decrease of not more than twenty (20) percent in the required setbacks
for buildings, landscaping, swimming pools, spas and equipment.
(e) An increase of not more than twenty (20) percent of the maximum sign area
allowed, per zoning regulations.
(3) Conditional Use Permits when required by the City Code:
(a) Dish antennas.
(b) Bulk Reverse vending machines.
(c) Business operations (including storage) conducted within view from public
right of way.
(d) Large recycling locations.
(e) On- premises dry cleaning.
(0
Minor CUPs for existing development where there would be no change of
primary use, there would be no expansion of floor area, and the request
would not alter the original intent of the project or site.
(g) On -site alcoholic beverage sales license for restaurants.
(h) Secondhand sales when pawning is not included.
(i) Development or construction of new buildings in the Commercial General
(CG) or Industrial (M) Districts where more than fifty (50) percent of the total
area, or any portion of the ground floor, is designated for use by
professional or general offices.
(j) Accessory buildings used as guest quarters.
(k) Temporary uses for a period of more than one (1) year.
(I) Professional and general offices fronting onto Main Street and El Camino
Real and located within the Old Town Commercial General land use
designation.
(4) Specified development applications:
(a) Soil remediation activities, subject to the same findings as required for a
conditional use permit.
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(b) Time extensions of not more than twelve (12) months from the original
expiration date for minor adjustments, conditional use permits, variances,
design reviews, subdivisions and other development applications, subject to
the same noticing requirements that were given at the time the project was
originally approved.
(c) Except where design review is required by the planning commission
pursuant to an adopted specific plan, (a) design review applications within
redevelopment project areas; (b) minor design reviews within
redevelopment project areas which include modifications to existing
structures and /or existing facade or site modifications which constitute a
change in three (3) or less major design elements which do not result in a
completed facade upgrade; (c) single - family homes not part of a
subdivision, (d) residential room additions and (e) new or modified
accessory structures associated with existing development.
(d) Amendment to conditions of approval established by Planning Commission
or City Council. Condition amendments that are determined by the
Community Development Director to be minor in nature and will not alter
the original intent of the project or site. Examples would include changes to
exterior materials, colors, elevations, landscaping, walls /fences and hours
of operation.
III. Article 9 Chapter 4 of the Tustin City Code is hereby amended as follows:
1. Section 9402 the following definition is hereby added:
"Flat Roof" means a roof having no slope, or one with only a slight pitch so as to drain
rainwater.
2. Section 9404a1(p) is hereby amended as follows:
(P)
Roof signs, except roof top 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.