Part 2 — NOTICES AND HEARING

The Director of Community Development shall give notice of intention to consider adoption of the development agreement and any other public hearing required by law or this chapter. Notice of intention to consider adoption of the development agreement may be given concurrently and as a part of the required public hearing notice for consideration of related land use proposals. The development agreement may include all or a part of the concurrent approved land use proposals. (Ord. No. 923, Sec. 1, 12-3-84)

The Planning Commission shall consider the proposed development agreement and make a recommendation thereon to the City Council in the manner set forth in this chapter. The Planning Commission shall forward its recommendations to the City Council within thirty (30) days of the time specified for the public hearing in the notice of intention. (Ord. No. 923, Sec. 1, 12-3-84)

Upon completion of the staff report required by section 9605, the Director of Community Development shall give notice of intention to consider adoption of a development agreement. The notice shall contain:

(a)

The time and place of the public hearing.

(b)

A general explanation of the development agreement, including a general description of the property proposed to be developed.

(c)

Other information that the Director of Community Development considers necessary or desirable. (Ord. No. 923, Sec. 1, 12-3-84)

9609 - MANNER OF GIVING NOTICE

All notice required by this chapter shall be given in the following manner:

(a)

Mailing or delivery to the applicant and to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of the development agreement or by publication as authorized by Section 65854.5(b) of the Government Code.

(b)

Mailing by first class mail to any person who has filed a written request therefor with the Director of Community Development.

(c)

Publication at least once in a newspaper of general circulation published and circulated in the City. (Ord. No. 923, Sec. 1, 12-3-84)

The failure to receive notice by any person entitled thereto by law or this chapter does not affect the authority of the City to enter into a development agreement. (Ord. No. 923, Sec. 1, 12-3-84)

The Planning Commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The Planning Commission shall make its recommendation to the City Council in writing. The recommendation shall include whether or not the proposed development agreement:

(a)

Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specified plan.

(b)

Is compatible with the uses authorized in the district in which the real property is located.

(c)

Is in conformity with the public necessity, public convenience, general welfare, and good land use practices.

(d)

Will be detrimental to the health, safety, and general welfare.

(e)

Will adversely affect the orderly development of property.

(f)

Will have a positive fiscal impact on the City. (Ord. No. 923, Sec. 1, 12-3-84)

9612 - HEARING BY CITY COUNCIL

After the recommendation of the Planning Commission or after the expiration of the time period specified in section 9607, the Director of Community Development shall give notice of a public hearing before the City Council in the manner provided for in sections 9608 and 9609. (Ord. No. 923, Sec. 1, 12-3-84)

(a)

After it completes the public hearing and considers the recommendation, if any, of the Planning Commission, the City Council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission shall not be required to hold a public hearing on matters referred back to it by the City Council.

(b)

The development agreement may not be approved unless the City Council finds that the development agreement is consistent with the General Plan and any applicable specific plan. (Ord. No. 923, Sec. 1, 12-3-84)

The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the City shall enter into the development agreement by the execution thereof by the City Manager. (Ord. No. 923, Sec. 1, 12-3-84)

(a)

Either the City or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement.

(b)

The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement.

(c)

Except as provided for in section 9618, the development agreement may only be amended or cancelled in whole or in part by the mutual consent of all parties to the development agreement. (Ord. No. 923, Sec. 1, 12-3-84)

(a)

No later than ten (10) days after the City enters into the development agreement, the City Clerk shall record with the County Recorder a copy of the development agreement.

(b)

If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder. (Ord. No. 923, Sec. 1, 12-3-84)

(a)

The City Council shall review the development agreement at least every twelve (12) months from the date the development agreement is entered into until expiration of the term of the agreement.

(b)

The Director of Community Development shall give the applicant or successor in interest thereto at least thirty (30) days' advance notice of the time at which the City Council will review the development agreement.

(c)

The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation.

(d)

The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement.

(e)

If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the City Council may commence proceedings to enforce, modify, or terminate the development agreement. (Ord. No. 923, Sec. 1, 12-3-84)

(a)

If, upon a finding under section 9617(d), the City Council determines to proceed with modification or termination of the development agreement, the City Council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain:

(1)

The time and place of the hearing;

(2)

A statement as to whether or not the City Council proposes to modify or terminate the development agreement;

(3)

Any proposed modification to the development agreement;

(4)

Other information which the City Council considers necessary to inform the applicant or successor in interest thereto of the nature of the hearing.

(b)

At the time set for the hearing on the modification or termination, the City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City Council may take such action as it deems necessary to protect the interests of the City. The decision of the City Council shall be final. (Ord. No. 923, Sec. 1, 12-3-84)

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission as to any matter pertaining to the application, notice, finding, record, hearing, report, recommendation, or any other matters of procedure whatsoever unless after an examination of the entire record the court is of the opinion that the error complained of was prejudicial and that a different result would have been probable if the error had not occurred or existed. (Ord. No. 923, Sec. 1, 12-3-84)

CHAPTER 7 - WATER EFFICIENT LANDSCAPES[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Sec. 4 of Ord. No. 1465, adopted Dec. 15, 2015, repealed Ord. No. 1376 (adopted Dec. 1, 2009) from which this Chapter 7 derived. Sec. 2 of Ord. No. 1465 enacted new provisions to read as herein set out.

The purpose and intent of this Chapter is to provide for water efficient landscapes in compliance with State law.

(Ord. No. 1465, Sec. 2, 12-15-15)

a

Beginning January 15, 2016, and consistent with Executive Order No. B-29-15, this Chapter shall apply to the following landscape projects:

1.

New construction landscape projects with an aggregate landscaped area equal to or greater than 500 square feet, which require a building or landscape permit, plan check, or design review.

2.

Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than 2,500 square feet, which require a building or landscape permit, plan check, or design review.

3.

New or rehabilitated landscape projects with an aggregate landscaped area of 2,500 square feet or less may comply with the performance requirements of this Chapter or conform to the prescriptive measures contained in Appendix A of the Guidelines.

4.

For new or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcel within a project that has less than 2,500 square feet of landscaped area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix A of the Guidelines.

b

Section 9704b of the Landscape Water Use Standards of this Chapter shall apply to:

1.

All landscaped areas, whether installed prior to or after January 1, 2010; and

2.

All landscaped areas installed after January 15, 2016, to which Section 9702a is applicable.

c

This Chapter does not apply to:

1.

Registered local, state, or federal historical sites;

2.

Ecological restoration projects that do not require a permanent irrigation system;

3.

Existing plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. No. 1465, Sec. 2, 12-15-15)

a

Prior to installation, a Landscape Documentation Package shall be submitted to the City's Community Development Department for review and approval of all landscape projects subject to the provisions of this Chapter. Any Landscape Documentation Package submitted to the City shall comply with the provisions of the Guidelines.

b

The Landscape Documentation Package shall include a certification, bearing the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape plan in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the signatory and are certified to be in compliance with the provisions of this Chapter and the Guidelines. (Ord. No. 1524, § 74, 8-16-22)

1.

Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations.

2.

Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the local water purveyor, as appropriate, under procedures determined by the City.

3.

Verification of compliance of the landscape installation with the approved plans shall be obtained through a Certification of Completion in conjunction with a Certificate of Use and Occupancy or Permit Final process, as provided in the Guidelines.

(Ord. No. 1465, Sec. 2, 12-15-15)

a

For applicable landscape installation or rehabilitation projects subject to Section 9702a of this Chapter, the Estimated Applied Water Use allowed for the landscaped area shall not exceed the MAWA calculated using an evapotranspiration adjustment factor (ETAF) of 0.7, except for special landscaped areas where the maximum applied water allowance (MAWA) is calculated using an ETAF of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided in the Guidelines.

b

Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the local agency.

(Ord. No. 1465, Sec. 2, 12-15-15)

The City may delegate to, or enter into a contract with, a local agency to implement, administer, and/or enforce any of the provisions of this Chapter on behalf of the City.

(Ord. No. 1465, Sec. 2, 12-15-15)

9706 - DEFINITIONS

The following terms as used in this Chapter shall have the respective meanings as set forth except when the context clearly indicates otherwise.

"Aggregate landscaped areas" pertains to the areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned.

"Applied water" means the portion of water supplied by the irrigation system to the landscape.

"Budget-based tiered-rate structure" means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.

"Community Aesthetics Evaluation" means a process that is performed to ensure the aesthetic standards of the community and irrigation efficiency intent is maintained when a permit, plan check, or design review is not required.

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Estimated Applied Water Use" means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.

"ET adjustment factor" or "ETAF" is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area.

A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this Chapter and the Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.

"Guidelines" refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Chapter.

"Hardscapes" means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this Chapter.

"Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Chapter are 0.75 for overhead spray devices and 0.81 for drip systems.

"Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

"Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Landscape Documentation Package" means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Guidelines.

"Landscape project" means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 9702 of this Chapter.

"Local agency" means a city or county, including a charter city or charter county, that is authorized to implement, administer, and/or enforce any of the provisions of this Chapter. The local agency may be responsible for the enforcement or delegation of enforcement of this Chapter including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.

"Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service,

"Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the Guidelines. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance.

MAWA=(ETo)(0.62)[(ETAFxLA)+((1-ETAF)xSLA)].

"New construction" means, for the purposes of this Chapter, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building. The applicable threshold is 500 square feet for new landscapes which require a building or landscape permit, plan check, or design review.

"Non-pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.

"Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

"Permit" means an authorizing document issued by the City for new construction or rehabilitated landscape.

"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Chapter, the plant factor range for very low water use plants is 0 to 0.1; the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Chapter are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

"Recycled water" or "reclaimed water" means treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the Guidelines, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances.

"Rehabilitated landscape" means any re-landscaping project that meets the applicability criteria of Section 9702a, where the modified landscape area is equal to or greater than 2,500 square feet.

"Smart irrigation controller" means an automatic irrigation controller utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory that shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable.

"Special landscape area" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas dedicated to active play such as parks, sports fields, golf courses, and, where turf provides a playing surface.

"Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

"Valve" means a device used to control the flow of water in an irrigation system.

"Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

(Ord. No. 1465, Sec. 2, 12-15-15)

CHAPTER 8 - FLOODPLAIN MANAGEMENT

EDITOR'S NOTE: Ord. No. 1005, Sec. 2, enacted provisions pertaining to floodplain management regulations designated as Article 9, Ch. 8, herein set out. Sec. 1 of Ord. No. 1005 repealed Ord. No. 807 in its entirety; such ordinance, being uncodified, pertained to the same subject matter. Subsequently, Ord. No. 1226, adopted Feb. 7, 2000, amended Secs. 9801—9806 to read as herein set out.

(a)

Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65580, and 65800 conferred upon local government units the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Tustin does hereby adopt the following floodplain management regulations.

(b)

Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(1)

To protect human life and health;

(2)

To minimize expenditure of public money for costly flood control projects;

(3)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

To minimize prolonged business interruptions;

(5)

To minimize damage to public facilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

(6)

To help maintain a stable tax base by providing for the use and development of areas of special flood hazard so as to minimize future flood areas;

(7)

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. No. 1005, Sec. 2, 4-4-88; Ord. 1226, Sec. 2, 2-7-00; Ord. No. 1319, Sec. 2, 11-6-06)

[For the purpose of this chapter, the following words and terms shall have the meaning ascribed thereto:]

"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.

"Area of special flood hazard": See "Special flood hazard area."

"Base flood" means the flood having a one (1) percent chance of being equalled or exceeded in any given year (also called the "100-year flood").

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(1)

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

(2)

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and the placement of manufactured homes.

"Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land area from (1) the overflow of floodwaters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels suddenly caused by an unusual high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

"Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, and flood boundary and floodway map, and the water surface elevation of the base flood.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").

"Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as "regulatory floodway".

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a) listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "basement" definition).

(1)

An unfinished or flood resistant enclosure, usable solely for parking of vehicles; building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided it conforms to applicable nonelevation design requirements, including, but not limited to:

(a)

The wet flood proofing standard in subsection 9804a(3)(e);

(b)

The anchoring standards in subsection 9804a(1);

(c)

The construction materials and methods standards in subsection 9804a(2); and

(d)

The standards for utilities in subsection 9804b.

(2)

For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see "basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

"New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community.

"One hundred year flood" or "100-year flood" means a flood which has a one (1) percent annual probability or being equalled or exceeded. It is identical to the "base flood", which will be the term used throughout this chapter.

"Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

"Recreational vehicle" means a vehicle that is:

(1)

Built on a single chassis;

(2)

Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99 or AH.

"Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include land installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

"Structure" means a walled or roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

"Substantial damage' means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either:

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(i)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(ii)

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"Variance" means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter.

"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided. (Ord. No. 1005, Sec. 2, 4-4-88; Ord. No. 1226, Sec. 2, 2-7-00; Ord. No. 1319, Sec. 3, 11-606)

a

Applicability

This chapter shall apply to all special flood hazard areas within the City of Tustin. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study dated January 3, 1997, and accompanying Flood Insurance Rate Maps (FIRMs), dated January 3, 1997, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. The study and FIRMs are on file with the City of Tustin.

b

Compliance

No development shall occur without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. No. 1005, Sec. 2, 4-4-88)

c

Interpretation

In the interpretation and application of this chapter, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Deemed neither to limit nor repeal any other powers granted under State Statutes. (Ord. No. 1005, Sec. 2, 4-4-88)

d

Warning and Disclaimer of Liability

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the special flood hazard areas, or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No. 1005, Sec. 2, 4-4-88; Ord. No. 1226, Sec. 2, 2-7-00)

e

Abrogation and Greater Restrictions

This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another provision of this Code, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 1319, Sec. 4, 11-6-06)

a

[Development Permit Required]

A development permit shall be obtained before construction or development begins within any special flood hazard area. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but are not limited to: plans drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures. The location of fill, storage of materials or drainage facilities; the following information shall be required:

(1)

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO or VO of the City's FIRM, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

(2)

Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(3)

All appropriate certifications listed on Section 9804c(4) of this chapter; and

(4)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. No. 1005, Sec. 2, 4-4-88)

b

Designation of the Floodplain Administrator

The Building Official is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions. (Ord. No. 1005, Sec. 2, 4-4-88)

c

Duties and Responsibilities of the Floodplain Administrator

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

(1)

Permit review:

(a)

Review all applications for development permits to determine that the permit requirements of this chapter have been satisfied;

(b)

Determine that all other required State and Federal permits have been obtained, including permits required by Section 404 of the Federal Water Pollution Control Act;

(c)

Determine that the site is reasonably safe from flooding;

(d)

Determine that the proposed development does not adversely affect the carrying capacity of the area where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effects of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City.

(2)

Whenever a watercourse is proposed to be altered or relocated, the Floodplain Administrator shall:

(a)

Notify adjacent communities, the Orange County Flood Control District and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

(b)

Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

(3)

Obtain and maintain for public inspection and make available as needed:

(a)

The certification required in Section 9804a(3)(a) (floor elevations);

(b)

The certification required in Section 9804a(3)(b) (elevations in areas of shallow flooding);

(c)

The certification required in Section 9804a3(c) (elevation or floodproofing of nonresidential structures);

(d)

The certification required in Section 9804a3(d) or 9804a3(a) (wet floodproofing standard);

(e)

The certified elevation required in Section 9804c2 (subdivision standards);

(f)

The certification required in Section 9804e1 (flood encroachments).

(4)

Use of other base flood data. When base flood calculation data has not been provided in accordance with Section 9802a, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 9804. Any such information shall be submitted to the City Council for adoption.

(5)

Make interpretations where needed, as to the exact location of the boundaries of the areas of flood-related erosion hazards (for example, where there appears to be a conflict between mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 9806.

(6)

Take action to remedy violations of this chapter as specified in Section 9802b herein. (Ord. No. 1005, Sec. 2, 4-4-88; Ord. No. 1226, Sec. 2, 2-7-00)

a

Standards of Construction.

[In all Special Flood Hazard Areas the following standards are required:]

(1)

Anchoring

(a)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(b)

All manufactured homes shall meet the anchoring standards of Section 9804d.

(2)

Construction materials and methods

(a)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b)

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c)

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other services facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d)

Require within Zones AH or AO of the City's FIRM, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(3)

Elevation and floodproofing.

(a)

New construction and substantial improvements within Zones A1-30, AE and AH on the City's FIRM shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures shall meet the standards in Section 9804a(3)(c). Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor. Such certification shall be provided to the Floodplain Administrator.

(b)

New construction and substantial improvement in Zone AO on the City's FIRM shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two (2) feet if no depth number is specified. Nonresidential structures shall meet the standards in Section 9804a(3)(d). Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor. Such certification shall be provided to the Floodplain Administrator.

(c)

New construction and substantial improvements of nonresidential structures in Zones A1-30, AE and AH shall either be elevated in conformance with Section 9804a(3)(a) or together with attendant utility and sanitary facilities:

(i)

Shall be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; and

(ii)

Shall have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(iii)

Shall be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for satisfying this subsection. Such certifications shall be provided to the Floodplain Administrator.

(d)

New construction and substantial improvements of nonresidential structures in Zone AO on the City's FIRM shall be elevated in compliance with Sections 9804a(3)(b) or together with attendant utility and sanitary facilities:

(i)

Shall be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(ii)

Shall have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(iii)

Shall be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted methods of practice for satisfying this subsection. Such certifications shall be provided by the Floodplain Administrator.

(e)

Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirements must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(f)

Manufactured homes shall also meet the standards in Section 9804e. (Ord. No. 1005, Sec. 2, 4-4-88)

b

Standards for Utilities

(1)

The Building Official for on-site work shall require all new and replacement water supply systems to be designed to minimize or eliminate the infiltration of floodwaters into the system; for on-site work, the Building Official shall, and for off-site work the City Engineer shall, require that new and replacement sanitary sewer systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from systems into floodwaters; and

(2)

New, or additions to, on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. No. 1005, Sec. 2, 4-4-88)

c

Standards for Subdivisions

(1)

All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

(2)

All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

(3)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(4)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(5)

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (Ord. No. 1005, Sec. 2, 4-4-88)

d

Standards for Manufactured Homes

All new and replacement manufactured homes and additions to manufactured homes shall:

(1)

Be elevated so that the lowest floor is at or above the base flood elevation; and

(2)

Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

(a)

over-the-top ties be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations, with mobile homes less than fifty (50) feet long requiring one (1) additional tie per side;

(b)

frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points, with mobile homes less than fifty (50) feet long requiring four (4) additional ties per side;

(c)

all components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

(d)

any additions to the manufactured home be similarly anchored.

(3)

For new manufactured homes parks and manufactured home subdivisions, for expansions of existing manufactured home parks and manufactured home subdivisions, and for existing manufactured home parks and manufactured home subdivisions where the cost of repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of replacement value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, it shall be required that:

(a)

Stands or lots are elevated on compacted fill or that manufactured homes are on pilings so that the lowest floor of the manufactured home will be at or above the base flood level;

(b)

Reserved.

(c)

In the instance of elevation on pilings, that:

1.

Lots are large enough to satisfy Title 25 California Administrative Code.

2.

Piling foundations are placed in stable soil, and reinforcement is provided for pilings. (Ord. No. 1005, Sec. 2, 4-4-88)

e

Floodways

Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(1)

All encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2)

If Section 9804e(1) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 9804. (Ord. No. 1005, Sec. 2, 4-4-88; Ord. No. 1226, Sec. 2, 2- 7-00)

f

Standards for Recreational Vehicles

(1)

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the City's Flood Insurance Rate Map will either:

(a)

Be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use—A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions or utilities and security devices, and has no permanently attached additions; or

(b)

Meet the permit requirements of Section 9803 and the elevation and anchoring requirements for manufactured homes in subsection 9804d.

a Variance Board

(1)

The City Council of the City of Tustin shall hear and decide requests for variances from the requirements of this chapter.

(2)

In passing upon variance applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(a)

The danger that materials may be swept onto other lands to the injury of others;

(b)

The danger to life and property due to flooding or erosion damage;

(c)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d)

The importance of the services provided by the proposed facility to the community;

(e)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(f)

The compatibility of the proposed use with existing and anticipated development;

(g)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;

(h)

The safety of access to the property in time of flood for ordinary and emergency vehicles;

(i)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

(j)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

(3)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of onehalf acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 9805a(3) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(4)

Upon consideration of the factors of Sections 9805a(2) and 9805a(3) and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(5)

The Floodplain Administrator shall maintain the records of variances actions and shall report any variances to the Federal Insurance Administration upon request. (Ord. No. 1005, Sec. 2, 4-4-88)

b

Conditions for Variances

(1)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

(2)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(3)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)

Variances shall only be issued upon:

(a)

A showing of good and sufficient cause; and

(b)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local news or chapters.

(5)

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that all provisions of section 9805b are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(6)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the County Recorder, County of Orange and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. No. 1005, Sec. 2, 4-4-88; Ord. No. 1226, Sec. 2, 2-7-00)

a

Appeal Board

(1)

The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.

(2)

The Floodplain Administrator shall maintain the records of all appeal actions and shall transmit any findings of the Board of Appeal in writing to the appellant. (Ord. No. 1005, Sec. 2, 4-4-88; Ord. No. 1226, Sec. 2, 2-7-00)

CHAPTER 9 - TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS

(a)

The purpose of this chapter is to meet the requirements of State law for development of a trip reduction and travel demand element as part of the City's Congestion Management Program (hereafter referred to as CMP) and adoption and implementation of a trip reduction and travel demand ordinance.

New commercial, industrial, and mixed-use development including employment centers of one hundred (100) persons or more may adversely impact existing transportation and parking facilities, resulting in increased motor vehicle emissions, deteriorating levels of service, and possibly significant additional capital expenditures to augment and improve the existing transportation system. In order to more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions. The existence of this chapter is intended to achieve the following objectives:

(1)

Reduce the number of peak-period vehicle trips generated in association with additional development;

(2)

Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those facilities that support such modes;

(3)

Achieve related reductions in vehicle trips, traffic congestion, and public expenditure and achieve air quality improvements through utilization of existing local mechanisms and procedures for project review and permit processing;

(4)

Promote coordinated implementation of strategies on a countywide basis to reduce transportation demand;

(5)

Achieve the most efficient use of local resources through coordinated and consistent regional and/or local transportation demand management (hereafter referred to as TDM) programs. (Ord. No. 1062, Sec. 1, 4-15-91)

(a)

The provisions of this chapter shall apply to all new or expanded projects where additional square footage will result in a total of one hundred (100) or more employees based on a total employment projection developed by the City of Tustin using the employee generation factors by type of use promulgated by the Institute of Transportation Engineers.

The employment projection for a development of mixed or multiple uses shall be calculated based on the proportion of development devoted to each type of use utilizing employee generation factors by type of use promulgated by the Institute of Transportation Engineers.

This chapter is not intended to supersede or replace the obligation of any property owner or business owner to comply with other TDM program requirements including those contained in and implemented by Regulation XV of the Air Quality Management Plan (AQMP). (Ord. No. 1062, Sec. 1, 4-15-91)

The following terms as used in this chapter shall have the following meanings:

"Alternative transportation modes": Any mode of travel that serves as an alternative to the single occupant motorized vehicle. This can include all forms of ridesharing such as carpooling or vanpooling, as well as public transit, bicycling or walking.

"Applicable development": Any new development project that is determined to meet or exceed the employment threshold using the criteria contained in section 9902 of this chapter.

"Average vehicle ridership (AVR)": Is calculated by dividing the number of employees who report to the worksite or other work-related activity between 6:00 a.m. and 10:00 a.m., Monday through Friday, by the number of vehicles driven by these employees over that five-day period. The AVR calculation requires that a five-consecutive-weekday average be used. The averaging period cannot contain a holiday. An example of calculating AVR using a weekly averaging period for an employer with three hundred (300) employees all reporting to work between 6:00 a.m. and 10:00 a.m., Monday through Friday, is:

Employees reporting to work:

Total number of commute motorized vehicles driven to the worksite by these employees

1,500 divided by 1,327 equals 1.13 AVR

This calculation does not include any credits for telecommuting, clean fueled vehicles, or compressed workweeks.

"Congestion management program": A State mandated plan implemented through Assembly Bill No. 1791 to promote a coordinated approach to land use and transportation decisions.

"Developer": The builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this chapter as determined by the property owner.

"Discretionary": An action regulated by one's own choice.

"Employee": Any person employed by a firm, person(s), business, educational institution, nonprofit agency or corporation, or other entity which employs one hundred (100) or more persons at a single worksite.

"Employment Generation Factors": Factors developed for use by the jurisdiction for projecting the potential employment of any proposed development project. For purposes of this chapter employee generation factors by type of use shall be those promulgated by the Institute of Transportation Engineers.

"Employer": Any person(s), firm, business, educational institution, nonprofit agency or corporation, or other entity which employs one hundred (100) or more persons at a single worksite, and may either be a property owner or tenant of an applicable development project.

"Facility": The total of all buildings, structures and grounds that encompass a worksite, at either single or multiple locations, that comprise or are associated with an applicable development project.

"Level of service (LOS)": A measure of the operational quality of a road or intersection ranging from LOS A (best) to LOS F (worst). As required by CMP legislation, the LOS standard for the CMP Highway System must be at "E" or at the existing LOS, whichever is further from LOS "A", for any intersection or roadway segment.

"Mixed-use development": New development projects that combine any one of these land uses with another: residential, office, commercial, light industrial, and business park.

"New development project": Any nonresidential project being processed after the effective date of this chapter where discretionary action by a decision-making body is required.

"Operational programs and strategies": Implementation of a range of techniques that require ongoing monitoring that can effect actual business operations and employee behavior at the facility or worksite to encourage reduction in peak-hour vehicle trips and use of alternative transportation modes. These techniques may range from establishment of ridesharing programs to the use of parking fees, cash allowances or other incentives or disincentives. Operational programs and strategies are distinct from facility standards which encourage trip reduction through modifications in facility or worksite design.

"Peak-period": Those hours of the business day between 6:00 a.m. and 10:00 a.m. inclusive, Monday through Friday.

"Property owner": The legal owner of the applicable development project who serves as the lessor to an employer or tenant. The property owner shall be responsible for complying with the provisions of this chapter either directly or by delegating such responsibility, as appropriate, to an employer or tenant.

"Reciprocal preferential carpools parking agreement": A document between landowners and/or tenants which the City approves.

"Site development plan/permit": A precise plan of development that may be subject to public hearing before the Planning Commission and as more fully described in design review section 9272 of the Tustin Municipal Code.

"Tenant": The lessee of facility space at an applicable development project who also serves as an employer. A tenant may be responsible for implementing the provisions for this ordinance as determined by the property owner.

"Transportation demand management (TDM)": The implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV), such as carpools, vanpools and transit; reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than the peak-period.

"Trip reduction": Reducing the number of work related trips taken between 6:00 a.m. and 10:00 a.m. Monday through Friday, in SOVs.

"Worksite": A building, or grouping of buildings located within the City which is in actual physical contact or separated solely by a private or public roadway or other private or public right-of-way, and which is owned or operated by the same employer or by employers under common control. (Ord. No. 1062, Sec. 1, 4-15-91)

Developers of new and expanded nonresidential properties shall provide the following trip reduction support facilities within each development which the City approves:

a

Preferential Parking for Carpool Vehicles

At least ten (10) percent of the employee parking spaces shall be reserved and designated for carpool vehicles by marking such spaces "Carpool Only". Carpool spaces shall be used only by carpool vehicles in which at least two (2) of the persons will be employees or tenants of the proposed project, or where a reciprocal preferential carpool parking agreement with other developments has been established. Such carpool spaces shall be located near the building entrance(s) or at other preferential locations within the employee parking areas as approved by the City's Traffic Engineer or his/her designee.

For purposes of this and other sections, the factors listed below shall be used by the City to determine the number of employee parking spaces. The City recognizes the importance of reserving spaces for visitors, the handicapped and executives in preferential locations.

b

Bicycle Parking Facilities

Bicycle racks or parking facilities shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle. A bicycle parking facility or rack shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided cable, chain and/or lock. Said facility shall support bicycles in a stable position with no damage to wheels, frames or components. Such spaces shall be located near a building's employee entrance(s) or other high visibility locations as approved by the City. The intent of this section is to provide facilities which fulfill security and accessibility needs of bicyclists while preserving the visual appearance of a development. Parking for five (5) bicycles shall be provided for every one hundred (100) employees or fraction thereof.

c

Shower and Locker Facilities

Shower and locker room facilities for employees of each sex shall be provided in each building of one hundred thousand (100,000) or more gross square feet. For any development containing one hundred thousand (100,000) or more total combined gross square feet, but which does not contain any single building of one hundred thousand (100,000) or more gross square feet, the City Planning Commission may elect, at its discretion, to approve a requirement imposed by City staff on such development to provide shower and locker room facilities.

d

Trip Reduction Information

All applicable developments shall include, on site, appropriate signage and/or informational boards for the education of employees and tenants and marketing of alternate commute modes. Applicable developments shall include, in a central location accessible to all employees and tenants, a commuter information center with current transit maps, routes and schedules for public transit; ridesharing match lists; available employee incentives; and ridesharing promotional material supplied by commuter-oriented organizations.

e

Carpool and Vanpool Loading Areas

The City Traffic Engineer or his/her designee shall determine the necessity for the design and location of passenger loading areas to embark and disembark passengers from carpool and vanpool vehicles if determined necessary. A typical passenger loading area shall be equivalent in size to one (1) percent of the required parking for the site. Such passenger loading areas shall be located as close as reasonable to the building employee entrance(s) and should be designated in a manner that does not impede vehicular circulation in the parking area, City streets, or fire, police and paramedic access to the applicable development.

f

Bus Stop Improvements

Bus stop improvements including bus pullouts, bus pads, bus shelters and any necessary right-of-way for bus shelters, shall be required for all applicable developments located along high traffic volume streets and established bus routes where required by the City.

Bus stop improvements shall be designed and located in accordance with local transit agency design guidelines and is subject to approval of the City Traffic Engineer or his/her designee which approval shall be based on traffic engineering principles including, but not limited to the following:

(1)

The frequency and relative impact of blocked traffic due to stopped buses;

(2)

The level of transit ridership at the location.

Approval from the City's Department of Community Development shall also be required for the actual architectural design of any proposed bus stop improvement or shelter. (Ord. No. 1062, Sec. 1, 4-15-91)

9905 - TRIP REDUCTION/TDM STRATEGY PLAN AND ANNUAL REPORT

(a)

Prior to issuance of building permits for any phase of an applicable development, the developer or property owner or their designee shall develop a trip reduction/TDM program for the entire proposed development site, including any anticipated phasing and shall submit such plan to the City Traffic Engineer or his/her designee. The TDM must be

designed to reduce trips to achieve one and five-tenths (1.5) AVR. It is the City's objective that the planning of applicable development projects should include facility standards and a trip reduction/TDM strategy plan that is feasible and which has a reasonable expectation of having a measurable impact towards achieving the purpose of this chapter.

The plan shall identify initial trip reduction/TDM proposed programs and strategies to achieve the AVR objectives which may include, but are not limited to, the following:

(1)

Establishment of carpool, buspool, or vanpool programs;

(2)

Vanpool purchase incentives;

(3)

Cash allowances, passes or other public transit subsidies and purchase incentives;

(4)

Parking fees for SOVs;

(5)

Full or partial parking subsidies for ridesharing vehicles;

(6)

Preferential parking for ridesharing vehicles;

(7)

Computerized commuter rideshare matching service;

(8)

Guaranteed ride-home program for ridesharing;

(9)

Alternative workweek and flex-time schedules;

(10)

Telecommuting or work-at-home programs;

(11)

On-site lunch rooms/cafeterias;

(12)

On-site commercial services such as banks, restaurants and small retail;

(13)

On-site day care facilities;

(14)

Designation of an on-site transportation coordinator for the project.

(b)

Single-phase development projects shall achieve TDM AVR objectives within five (5) years of issuance of any certificate of occupancy. Multi-phased projects shall achieve the objectives for each phase within three (3) years of the issuance of any certificate of occupancy.

(c)

An applicant may perform the TDM programs through tenants or lessees in the project. However, agreements that tenants or lessees will so perform shall not relieve applicant or its successors of that duty to perform or require performance.

(d)

If conditioned as part of subdivision approval of a project, recorded codes, covenants and restrictions (CC&Rs) shall include provisions to guarantee adherence to the TDM objectives and perpetual operation of the TDM program regardless of property ownership, inform all subsequent property owners of the requirements imposed herein, and identify potential consequences of nonperformance.

Each space use agreement (i.e., lease document) shall also include TDM provisions for the site as a means to inform and commit tenants to and participate in helping specific applicable developments meet TDM performance requirements.

e

Annual report:

(1)

All property owners or their designees shall submit an annual status report on the TDM program to the City Traffic Engineer or his/her designee beginning a year after the issuance of any certificate of occupancy. The report shall be prepared in the form and format designated by the City which must either approve or disapprove the program within sixty (60) days. If no response is sent by the City within sixty (60) days, said report shall be deemed automatically approved.

(2)

The TDM performance reports shall focus on ridesharing and trip reduction incentives offered by the project and shall consist of a report that:

a

Estimates AVR levels attained;

b.

Verifies that the plan incentives have been offered;

c.

Describes use of those incentives offered by employers;

d.

Evaluates why the plan did or did not work, and an explanation of why the revised plan is likely to achieve the AVR target levels; and

e.

Lists additional incentives which can be reasonably expected to correct deficiencies.

f.

Evaluates the feasibility and effectiveness of trip reduction/TDM program and strategies, as implemented.

(3)

In the event that TDM objectives are not met, the City shall notify the property owner in writing of failure to comply. If the TDM performance objectives are not satisfied, the property owner shall either:

a

Submit to the City within thirty (30) days of notification by City a list of TDM measures that will be implemented to meet the TDM objectives within one hundred eighty (180) days of written notification by the City of Tustin. At the end of the one-hundred-eighty-day period, the property owner shall submit a revised performance report to determine compliance with TDM objectives. No further measures will be necessary if the TDM objectives are met.

b.

Should the TDM objectives not be satisfied by the end of the one-hundred-eighty-day period, the property owner(s) shall pay a TDM penalty fee to the City in an amount determined by resolution of the City Council. Said penalty fee shall be used to improve street capacity through construction of physical improvements to be selected by the City of Tustin from the list of areawide improvements identified in the City's CMP.

Appeal of any decision regarding the trip reduction annual report/TDM may be brought forward to the City Council for appeal pursuant to appeal procedures identified in section 9906(d) and 9906(e) of this chapter. (Ord. No. 1062, Sec. 1, 4-15-91)

(a)

For the purpose of determining whether applicable developments are complying with the provisions of this chapter, the developer shall submit project compliance data/report indicating that requirements of this chapter have been implemented. City shall monitor such compliance in a manner it deems appropriate and reasonable. Monitoring mechanisms may include, but not be limited to, the following:

(1)

To verify compliance with the facility standards required under section 9904:

a

Local procedures for design review, as appropriate;

b.

Field-site inspections;

c.

Other building site reports/surveys which the City of Tustin may deem appropriate.

(2)

To monitor compliance with requirements for trip reduction/TDM programs and strategies under section 9905, the City Traffic Engineer or his/her designee may:

a

Review and approve the baseline trip reduction/TDM plan submitted per section 9905 following consultation/negotiation with the building owner or designee (employer);

b.

Review and approve the annual reports per section 9905;

c.

Require other reports, site surveys, or operational audits which may be deemed appropriate as determined by the City Traffic Engineer or his/her designee.

(b)

For the purpose of enforcing the provisions of this chapter, the City shall initiate enforcement action(s) following written notice to the property owner or designee (employer), which may include, but not be limited to, the following:

(1)

To enforce compliance with the facility standards under section 9904:

a

Withhold issuance of a building permit or certificate of use and occupancy;

b.

Issue a stop work order.

(2)

To enforce compliance with the trip reduction/TDM programs and strategies under section 9905:

a

Withhold issuance of a building permit until the initial plan as specified in section 9905 is submitted.

b.

Impose a penalty fee, in an amount as may be determined by resolution of the City Council if the annual report is not submitted within thirty (30) days following written notice from the City Traffic Engineer or his/her designee.

c.

Impose a penalty fee, in an amount as may be determined by resolution of the City Council, if an initial trip reduction/TDM strategy plan or subsequent annual report modifications thereto are not implemented as approved by

the City Traffic Engineer or his/her designee.

d.

Notification of failure to comply with or make reasonable progress toward the AVR performance standards established in section 9905 and those strategies contained in the trip reduction/TDM strategy plan when monitoring by the City Traffic Engineer or his/her designee determines that such compliance or progress is not being achieved. Following such notice, the City may request modifications in the mix of operational programs and strategies under section 9905 to be implemented in order to remedy inadequate or nonperformance. If noncompliance or reasonable progress is not completed or remedied following requested modification by the City, the City may impose a performance penalty fee in an amount as determined by resolution of the City Council.

3.

The facility standards under section 9904 and the trip reduction/TDM strategy plan under section 9905 can include provisions to guarantee perpetual compliance regardless of changes in property/ownership through recorded CC&Rs.

(c)

For purposes of meeting its obligations under this chapter, the City may impose the following fees:

(1)

A trip reduction/TDM strategy plan review fee at the time of initial project application.

(2)

A subsequent annual compliance report fee at the time of each trip reduction/TDM strategy report is submitted.

Fees shall be charged to all applicable developments for purposes of defraying the costs of processing and reviewing the trip reduction/TDM strategy plan and subsequent annual compliance reports as contained in section 9905.

The review fee schedule shall be in an amount as established by resolution of the City Council.

(d)

A property owner(s) or designee(s) of any applicable development may request a variance from provisions in the facility standards contained in section 9904 upon submittal of a written request to the City Community Development Department and accompanied by a fee in an amount established by resolution of the City Council. The matter shall be set for consideration by the Planning Commission.

Written notice to the appellant of the time, date and location set for consideration of the appeal shall be provided ten (10) days prior to the hearing date upon the hearing of such appeal. The City Planning Commission may affirm, reject or modify facility standards required by this chapter.

The property owner may appeal any decision of the Planning Commission to the City Council.

(e)

Appeal of other actions. Any decision made by the City Traffic Engineer or his/her designee regarding the provisions contained in sections 9904, 9905 and 9906(b)(1) and (b)(2) may be appealed to the planning commission upon submittal of a written request to the City of Tustin Community Development Department and accompanied by a fee in an amount to be established by resolution of City Council. The matter shall be set for consideration by the Planning Commission.

The property owner may appeal any decision of the Planning Commission to the City Council. (Ord. No. 1062, Sec. 1, 4-15-91)

CHAPTER 9A - HAZARDOUS WASTE FACILITIES

A9901 - PURPOSE AND FINDINGS

The purpose of this chapter is to establish standards in order to control the location, design, and maintenance of hazardous waste facilities and to protect the public health, safety, general welfare, quality of life, and environment of residents. The City finds and determines as follows:

(1)

Assembly Bill 2948, the "Tanner Bill," adopted by the California State Legislature in 1986 and modified in 1989 by Assembly Bill 19201 requires local jurisdictions to develop plans and policies for regulating hazardous waste including the management, siting and planning for future handling, disposal and treatment of hazardous waste; and

(2)

Should the City not have developed a plan and had appropriate policies, regulations, ordinances and procedures, the City would have lost the ability to regulate the siting of hazardous waste facilities within Tustin and the State of California would have retained the right to make hazardous waste facility siting decisions and regulations for the City of Tustin; and

(3)

The Tustin City Council has adopted resolutions approving the Orange County Hazardous Waste Management Plan and its amendment. It is important that provisions of the "Plan" are adopted into the City's General Plan so as to make siting criteria and standards consistent with the Orange County Hazardous Waste Management Plan; and

(4)

The provisions of this chapter incorporate State mandated criteria and recognize that hazardous waste and hazardous waste facilities are of significant regional and environmental importance requiring local cooperative efforts, specified siting criteria, environmental review and public input. (Ord. No. 1086, Sec. 4, 6-1-92)

A9902 - SCOPE

The provisions of this chapter shall apply to the siting and development of off-site hazardous waste treatment, storage, transfer, and disposal facilities as defined in section A9903, "Definitions."

The provisions of this chapter shall not apply to:

(a)

Transportable treatment units (TTU), which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time;

(b)

Permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which is owned by, leased to, or under the control of the producer of the waste; and

(c)

Motor waste oil reclamation on service station sites.

This exemption shall not preclude applicable City codes which may require conditional use permits for the above identified uses. (Ord. No. 1086, Sec. 4, 6-1-92)

A9903 - DEFINITIONS

For the purposes of this chapter, the following words and terms shall have the following meanings:

"Applicant" means any person, persons, or business entities applying for a conditional use permit or other discretionary land use request concerning a hazardous waste facility.

"Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, flammability, or physical, chemical, or infectious characteristics may:

(1)

Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

"Hazardous waste facility" means any structures, other appurtenances, and improvements on the land, and all contiguous land serving more than one (1) producer of hazardous waste and used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste including but not limited to:

(1)

Incineration facility;

(2)

Residual repository;

(3)

Stabilization/solidification facilities;

(4)

Recycling facilities;

(5)

Transfer/storage facilities;

(6)

Treatment facilities.

"Hazardous waste incineration facility" means a facility where organic liquids and solids are burned in incinerators. The facility generally consists of primary and secondary burners, a tall smokestack, storage tanks and support buildings.

"Hazardous waste recycling facility" means a facility for recovery of liquid organics, solvent distillation, and oil refining which is similar to a small refinery or petrochemical plant comprised of storage tanks, pipelines and distillation towers.

"Hazardous waste stabilization/solidification facility" means a facility where liquid wastes and sludges are solidified by the use of special additives and where other wastes are encapsulated in asphalt or plastic for lengthy storage or disposal. A solidification facility resembles a large industrial building with several tall silos.

"Hazardous waste transfer/storage facilities" means a facility which serves as a collection station for small quantities of hazardous waste which arrive by rail, automobile, and by vacuum truck, flatbed or tank trucks then combined like wastes are shipped to a treatment or recycling facility. Transfer and storage facilities are comprised of storage tanks with large open areas for truck transport.

"Hazardous waste treatment facilities" means a facility where various heavy metals, reactive ions and organic matter are removed and the effluent is either discharged into the sewer, ponded, incinerated, converted or stabilized. A treatment facility resembles a typical municipal sewage treatment plant.

"Health and safety assessment" means a technical and environmental evaluation of a proposed facility, site and surrounding area prior to approval of a conditional use permit. The assessment will consider the qualities and the physical and chemical characteristics of the specific types of waste that would be handled. The assessment will include a hydraulic evaluation as well as risks due to flooding, earthquakes and potential water or air pollution. It is not intended that the health and safety assessment duplicate information developed for environmental impact reports or risk assessments required under local, State or Federal regulations.

"Immobile populations" means schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, and other similar facilities.

"Land use decision" means a discretionary decision of the City concerning a hazardous waste facility including but not limited to a general plan amendment and/or zone change, conditional use permit, variance, tract map, parcel map, lot line adjustment, or design review.

"Local assessment committee (LAC)" means a State required committee of locally appointed representatives, designed to negotiate with the applicants of a proposed hazardous waste facility. The membership, duties, and mission of the committee are defined by the State Health and Safety Code.

"Notice of intent" means a pre-application submitted to both the State and the City informing the agency of the intent to apply to locate, construct or operate a hazardous waste facility within the boundaries of the City.

"Office of permit assistance (OPA)" means the State of California Office of Permit Assistance.

"Office of planning and research (OPR)" means the State of California Office of Planning and Research.

"Residual repository" means a hazardous waste disposal facility specifically restricted to receiving solid materials resulting from hazardous waste treatment facilities. Such a facility may be only sited in an area meeting the geologic and other requirements of the State Water Resources Control Board.

"Tension-saturated zone" means the zone above the groundwater interface where water completely fills the pore space, and is held there by the interaction of the size of the pore space and the surface tension of water. The thickness of the zone ranges from a few centimeters in sands to as much as thirty (30) meters in certain clays. (Ord. No. 1086, Sec. 4, 6-1-92)

A9904 - PERMIT REQUIREMENTS AND APPLICATION PROCEDURES

The following permits and procedures shall apply to all applications for hazardous waste facilities projects:

a Permits Required

(1)

Hazardous waste facilities shall only be permitted in the Industrial District (M) and the Planned Community Industrial District (PC IND) subject to a conditional use permit and compliance with all requirements contained in this chapter. (Ord. No. 1524, Sec. 17, 8-16-22)

(2)

Application for hazardous waste facility shall be processed pursuant to conditional use permit procedures contained in the Tustin City Code, except as superseded by more restrictive procedures or standards contained herein.

(3)

Any other land use decisions necessary for the project shall be processed pursuant to the Tustin City Code except as superseded by the restrictive procedures or standards contained herein.

b

Application Procedures

(1)

At least ninety (90) days before filing an application for a conditional use permit for a hazardous waste facility project with the City of Tustin, the applicant shall file a notice of intent to file an application with the Office of Permit Assistance in the State of California Office of Planning and Research and with the City of Tustin Community Development Department. The notice of intent shall specify the location to which the notice of intent is applicable and shall contain a complete description of the nature, function, and scope of the project. The notice of intent filed with the Community Development Department shall be accompanied by a processing fee which shall be established by City Council Resolution. In addition, the applicant shall supply the City two (2) sets of mailing labels and location maps identifying all property owners within a two-thousand-foot radius of the project site. The Office of Planning and Research shall immediately notify affected State agencies of the notice of intent. Within thirty (30) days of receipt of the notice of intent, the City of Tustin shall publish a notice in a newspaper of general circulation in the City of Tustin, shall post notices at the proposed project location, and shall notify by direct mailing the owners of property within a twothousand-foot radius of the proposed site as shown in the latest Orange County equalized assessment roll. The notification required for the notice of intent shall not eliminate the required conditional use permit public hearing notification procedures.

(2)

An applicant may not file an application for a conditional use permit for a hazardous waste facility project with the City of Tustin unless the applicant has first complied with the provisions of subsection b(1) of this section.

(3)

The City Council shall appoint a seven-member local assessment committee to advise it in considering an application for a conditional use permit for a hazardous waste facility project. The members of the Local Assessment Committee may be appointed at any time after the notice of intent is filed with the City.

The City shall charge the applicant a fee to cover the costs of establishing and convening the local assessment committee. The fee shall accompany the application for a conditional use permit.

The Local Assessment Committee shall provide comments on the draft environmental impact report or proposed negative declaration, as appropriate.

The City of Tustin Community Development Department shall act as contract administrator for the preparation of documents required by the California Environmental Quality Act.

(4)

The Community Development Department shall have thirty (30) working days to determine and notify the applicant that the conditional use permit application is complete or not complete. The application shall be deemed complete when all information required in section A9905 of this chapter is submitted, when the Director of Community Development has determined that the application complies with all applicable requirements of the California Environmental Quality Act, and has determined that the site conforms to the general standards and locational criteria required in section A9906 of this chapter, and when all necessary State and Federal permits regulating the facility have been obtained.

(5)

Within ninety (90) days after a conditional use permit application is deemed complete, the Planning Commission shall hold a public hearing on the application for a hazardous waste facility.

(6)

Unless appealed within thirty (30) days of the Planning Commission's action, the decision of the Planning Commission shall be final.

A9905 - CONTENTS OF APPLICATION

All conditional use permit applications for a hazardous waste facility shall include the following information:

(a)

Name, address and telephone number of the applicant and property owner.

(b)

Evidence that the applicant is the owner of the property involved or that the applicant has written permission of the owner to make such application.

(c)

Three (3) sets of mailing labels and location maps identifying all property owners of record as shown on the latest County of Orange equalized assessment roll that lie within a two-thousand-foot radius of the boundary of the project site and three (3) sets of mailing labels indicating all residents, tenants, and businesses within a two-thousand-foot radius of the project site.

(d)

All necessary information required in the City's design/zoning review application packet, including the following additional information:

(1)

Proximity of the project to the 100-year flood-prone areas.

(2)

Proximity of the project to any known earthquake fault zones.

(3)

The relationship of the proposed project to all aboveground water supplies and all known underground aquifers that might be threatened with contamination.

(4)

A preliminary geological study of the property and surrounding area which provides a sufficiently deep soils analysis in order to identify known aquifers, regardless of the potability of those aquifers.

(5)

Existing and proposed utilities which service or will be required to service the facility.

(6)

Vicinity map which indicates, at a minimum, proximity of the project to schools, parks and other community facilities within the City of Tustin or a jurisdiction immediately adjacent to the project site.

(7)

Identification of wastewater, treated and untreated, to be generated by the proposed facility and the method, volume, and place of final discharge.

(8)

An analysis of visual, noise, and any odor impacts associated with the project and recommended mitigation measures.

(9)

An analysis of all anticipated air quality impacts associated with the project and proposed mitigation measure to ensure no degradation of air quality in the area.

(10)

Identification of any rare or endangered species of plant or animals within the project site and recommended impact mitigation measures.

(11)

Identification of the amounts (in tons), sources, and types of hazardous wastes to be treated, stored, or disposed of at the proposed facility (by a rate measurement, i.e. in days, months, etc.); the ultimate disposition of the wastes; and anticipated life of the facility including its capacity and rate of use. This information shall be based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility.

(12)

A plan that identifies an ongoing monitoring program of air, soil, and groundwater. This plan shall include any monitoring requirements imposed by other permitting agencies such as, but not limited to, the California Environmental Protection Agency (which includes the South Coast Air Quality Management District and the Regional Water Quality Control Board), the Department of Health Services, and the Federal Environmental Protection Agency.

(13)

All applications shall contain a designation of at least two (2) reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act.

(14)

All applications shall be subject to environmental review (initial study) which may require that a draft environmental impact report or negative declaration be prepared pursuant to the California Environmental Quality Act.

(15)

An emergency response plan approved by the Community Development Department that indicates at a minimum:

a

That the proposed plan is consistent with any and all applicable County and regional emergency response plans and all City, County, State and Federal regulatory requirements regarding emergency response procedure.

b.

Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures.

c.

Anticipated impacts on local fire, police, and medical services.

d.

Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures.

(16)

A risk assessment must be performed which details the maximum credible accident from the facility operations and its impact on all immobile populations in the City of Tustin or a jurisdiction immediately adjacent to the project site including as a result of prevailing wind patterns and any other probabilities requested by either the Director of Community Development, the Planning Commission or the City Council. The extent of the study must appropriately address the quantity and types of wastes that could be received at the facility. It must also include consideration of the design features and planned operational practices at the facility. Additionally, the study must provide an estimate of the distance over which the effects of a spill or emergency situation would carry, a variety of options for reducing the risks (relating to short and long term effects, ) and procedures for dealing with such spills or emergency situations. Analysis should also identify mitigation measures to reduce identified risks. Further, the risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility.

(17)

All applications for a specified hazardous waste facility project shall contain a proposed public education/participation program to be employed during or prior to Planning Commission and/or City Council consideration of the application. Such plan shall be mutually agreeable to the project applicant and the Community Development Department.

(18)

The owner or operator of a hazardous waste facility project shall submit to the Community Development Department a written closure plan approved by the California Environmental Protection Agency and, if appropriate, the Federal

Environmental Protection Agency. All revisions to such closure plans shall also be submitted to the Community Development Department for review and approval by the appropriate agencies.

(19)

The project applicant shall fund an independent study on the facility's fiscal and socioeconomic impacts to the City including anticipated changes in employment if the facility is sited. The project applicant and the City shall agree beforehand on the scope of the study and who will conduct it. Based upon the reviewed and approved impacts, the City may impose appropriate taxes, user fees or other revenue or compensation options. The City is entitled to receive as annual revenue an amount not to exceed ten (10) percent of the annual gross revenues of the facility.

(20)

Additional plans, drawings, calculations and environmental information and other reports that may be required by the Community Development Department as needed to fully understand the project and its anticipated impacts. (Ord. No. 1086, Sec. 4, 6-1-92)

A9906 - GENERAL STANDARDS AND LOCATIONAL CRITERIA

(a)

All hazardous waste facility projects in the City of Tustin shall comply with the following general standards and criteria. Minimum standards and locational criteria described herein may be increased as necessary to protect the public health and safety pursuant to evidence established during a proposed project's environmental review.

(1)

Proximity to populations. For a residual repository, the minimum distance from the facility to any residences or other sensitive land uses such as schools, hospitals, prisons and convalescent homes shall be two thousand (2,000) feet.

All other hazardous waste facilities shall comply with Building Code and Fire Code setback requirements and zoning setback requirements for the zoning district in which the proposed use will be located unless a greater distance is justified pursuant to a risk assessment.

(2)

Capability of emergency services. All facilities shall locate in areas where the Fire Department will be able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the Fire Department. A copy of the emergency response plan shall be transmitted to the Community Development Department for review by the Fire Department who shall determine the adequacy of the plan and the emergency response time.

(3)

Flood hazard areas. Residual repositories are prohibited in areas within the 100-year floodplain identified on Federal Emergency Management Agency (FEMA) maps, which includes areas subject to flash floods and debris flows.

All other facilities are prohibited from locating in FEMA-identified 100-year floodplains including areas subject to flash floods and debris flows unless they are designed, constructed, operated, and maintained to prevent leakage of hazardous wastes in the event of inundation.

(4)

Slope stability. Residuals repositories are prohibited in areas of potential rapid geologic change, as identified in the health and safety assessment.

All other facilities are prohibited from locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes.

(5)

Subsidence/liquefaction. Residuals repositories are prohibited from locating in areas of potential rapid geologic change, as identified in the health and safety assessment.

All other facilities are prohibited from locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes.

(6)

Dam failure inundation areas. All hazardous waste management facilities shall locate outside a dam failure inundation area as indicated on Federal Emergency Management Agency maps.

(7)

Discharge of treated effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge as determined by the City of Tustin and the County Sanitation District. If sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of treated effluent discharge directly into a stream or the ocean. Further, the facility must obtain a valid industrial wastewater discharge permit from the State Water Resources Control Board.

(8)

Proximity to supply wells and well fields. A facility shall locate away from the cone of depression created by pumping a well or well field for ninety (90) days as determined by the Regional Water Quality Control Board and certified by a California registered civil engineering geologist. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any intermediate withdrawals for public water supply.

(9)

Depth to groundwater. Residuals repositories and facilities with subsurface storage and/or treatment must be sited, designed, and operated to ensure that hazardous materials will always be above the tension-saturated zone. At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California registered civil engineering geologist.

Facilities which handle liquids shall be located where groundwater flow is in one direction with no vertical transfer of water.

(10)

Groundwater monitoring. Residuals repositories and facilities with subsurface storage and or treatment must develop a program that successfully satisfies the California Environmental Protection Agency's Regional Water Quality Control Board permit requirements for groundwater monitoring.

(11)

Soil permeability. Soil permeability requirements for disposal, subsurface treatment and storage facilities shall conform to those required by the California Environmental Protection Agency (specifically, the Regional Water Resources

Control Board.) All other aboveground facilities shall have engineered structural design features common to similar types of industrial facilities. These features shall include spill containment and monitoring devices.

All other facilities may be located in areas where surface materials are highly permeable (such as sand or gravel) as identified in the health and safety assessment, if approved spill containment and inspection measures are employed.

(12)

Existing groundwater quality. Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized or petrified (by natural or human induced conditions) to the extent that it could not reasonably be considered for beneficial use.

(13)

Nonattainment areas. All facilities with air emissions locating in nonattainment areas and emitting air contaminants in excess of established limits will require pre-construction review under new source review requirements, and the obtaining of a permit to construct and a permit to operate from the South Coast Air Quality Management District.

(14)

Prevention of significant deterioration (psd) area. All facilities with air emissions locating in the region which are classified under the prevention of significant deterioration regulations as major stationary sources will be required to submit for pre-construction review and apply best available control technology as determined by the South Coast Air Quality Management District.

(15)

Proximity to habitats of threatened and endangered species. Facilities are prohibited in habitats of threatened or endangered species, as defined in local, regional, state or federal plans or policies, unless the applicant can demonstrate to the City's satisfaction that the habitat will not be disturbed and the survival of the species will not be threatened.

(16)

Recreation, cultural, or aesthetic areas. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value as defined by local, regional, state, and national plans or such policies as may be determined by the Tustin City Council.

(17)

Consistency with the general plan. The proposed facility shall be consistent with all general plan requirements, zoning ordinances, and other planning actions or policies. (Ord. No. 1086, Sec. 4, 6-1-92)

A9907 - CONDITIONS OF APPROVAL FOR HAZARDOUS WASTE FACILITY

a

General

(1)

The City may impose, as necessary, conditions and standards other than those presented in section A9906 to achieve the purposes of this chapter and to protect the health, safety, or general welfare of the community.

(2)

No hazardous waste facility shall be sited if such facility, by itself or in combination with other such facilities, will manage a volume or type of hazardous waste in excess of that generated within the City of Tustin and not currently being managed by a facility located in Tustin unless a joint powers agreement provides otherwise.

(3)

Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for the proposed use shall be reviewed and approved by the City as an amendment to the approved conditional use permit before such modifications occur at the facility. Any amendments or requested modifications are subject to the conditional use permit approval process and notice of intent process specified herein.

(4)

Every hazardous waste facility project must have a contingency operation plan approved by the State Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the local police department, fire department, hospitals, and the County Environmental Health Agency.

(5)

Prior to issuance of a certificate of occupancy, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by any Federal, State, or local agency.

(6)

The applicant agrees to indemnify, defend, and render harmless the City of Tustin and its City Council, Commissions, Committees and all officers, employees and agents of the City against and from all claims, actions, or liabilities relating to approval of the conditional use arising out of its operations on the site.

(7)

Owners/operators of all facilities shall prepare and submit an annual emergency response preparedness report to the Community Development Department. The applicant shall provide in such report a certification indicating said report has been reviewed, and the certification shall be initialed by each person at the facility who has emergency response responsibilities. The required contents of the report will be specified by the Community Development Department, reviewed by the local Fire Department and Hazardous Materials Response Team Units, and are subject to requested modifications.

(8)

Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Community Development Department. The required contents of the report will be specified by the Community Development Department, the Southern California Hazardous Waste Management Authority, the State Office of Emergency Services and the State Department of Health Services. Monitoring shall be performed by other permitting agencies such as the California Environmental Protection Agency (which includes the Southern California Air Quality Management District, Air Resources Board, the Regional Water Quality Control Board, and the Department of Toxic Substances Control) and the Federal Environmental Protection Agency.

(9)

The facility owner/operator shall be responsible for all costs of emergency agency response to a release of hazardous wastes. If City or Regional Law Enforcement or Fire Department respond, the facility owner/operator will be billed and said bill shall be paid within thirty (30) days.

(10)

Any storage, treatment, disposal or transportation of "extremely hazardous waste," as defined in the State Health and Safety Code, by the facility owner/operator shall be reported prior to action to the Community Development Department, Orange County Fire Department and Tustin Police Department.

b

Safety and Security Conditions of Approval

(1)

The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility.

(2)

The operator shall provide a twenty-four-hour surveillance system which continuously monitors and controls entry onto the facility.

(3)

Perimeter fencing shall be constructed of a material and at a height specified by the Community Development Director.

(4)

Signs with the legend "DANGER HAZARDOUS WASTE AREA—UNAUTHORIZED PERSONNEL KEEP OUT", shall be posted at each entrance to the facility, and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least twenty-five (25) feet.

c

Monitoring Conditions of Approval

(1)

Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City of Tustin is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

(2)

The owner or operator of a facility shall report quarterly to the Community Development Department the amount, type, and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site. The report is to be developed by the owner or operator of a facility and approved by the Community Development Department.

(3)

Within thirty (30) days of receipt of any complaint pertaining to facility operations, the owner or operator of a hazardous waste facility shall immediately send copies of the complaints received and copies of all inspection reports made by other local, State or Federal agencies to the Director of Community Development.

(4)

The emergency response plan shall be reviewed and updated as required annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies and the Director of Community Development. (Ord. No. 1086, Sec. 4, 6-1-92)

A9908 - LAND USE DECISION

a

Authority

Applications for a conditional use permit to allow the siting of a hazardous waste facility within the City shall be reviewed and approved by the Planning Commission after a public hearing. The City Council has the authority to appeal any decision of the Planning Commission and to revoke, uphold, or amend the decision of the Planning Commission in the event of appeal pursuant to section A9909. Lacking such an appeal, the Planning Commission's decision is final.

b

Findings

(1)

In addition to these general findings necessary for granting a conditional use permit contained in the City Code, the following findings shall be made by the Planning Commission prior to granting a conditional use permit to allow the siting of a hazardous waste facility project.

(a)

The project shall be consistent with the general plan.

(b)

The project site is or will be served by roads and other public or private service facilities.

(c)

The project has met or exceeded each requirement of this chapter.

(d)

The environmental impacts identified in the environmental impact report or negative declaration have been adequately mitigated.

c

Length of Conditional Use Permit

(1)

Any conditional use permit granted under the provisions of this chapter shall be null and void if the project applicant does not commence substantial construction of the facility within one (1) year from the date of the approval of said facility.

(2)

The Planning Commission or City Council shall place a maximum time limit on any conditional use permit for a hazardous waste facility which in any event shall not exceed ten (10) years. In order to continue to operate the

hazardous waste facility after the time limit has expired, the applicant shall reapply for a conditional use permit and shall be subject to the same process as the original application.

(3)

Applications for any time extensions of the time limit contained in section A9908c(1) shall be filed prior to the expiration date and shall be subject to the same public hearing process as the original application. (Ord. No. 1086, Sec. 4, 6-1-92)

A9909 - APPEAL OF DECISION

(a)

Any action of the Planning Commission may be appealed to the City Council within thirty (30) days.

(b)

The final land use decision made by the City Council may be appealed to the Governor's Appeals Board within thirty (30) days of the date of the decision pursuant to the California Health and Safety Code. Procedures for filing an appeal are outlined in the California Health and Safety Code. (Ord. No. 1086, Sec. 4, 6-1-92)

CHAPTER 9B - VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM PART 1 - GENERAL

B9911 - PURPOSE.

The purpose of this Chapter is to enhance the public welfare by establishing policies which require the development of housing affordable to households of extremely low, very low, low, and moderate incomes, help meet the needs of the City's local workforce, help meet the City's regional share of housing needs, and implement the goals and objectives of the Tustin General Plan Housing Element, through the development of voluntary workforce housing incentive program units within new residential developments when a developer makes the voluntary election to request the benefit of Residential Allocation Reservations (RARs) pursuant to a Specific Plan. (Ord. No. 1491, Sec. II, 9-4-18)

B9912 - DEFINITIONS.

Whenever the following terms are used in this Chapter, they shall have the meaning established by this Section:

"Affordable housing cost" means the housing cost for dwelling units as defined by California Health and Safety Code Section 50052.5 for owner-occupied housing and the affordable rent for rental units as defined by California Health and Safety Code Section 50053, as applicable.

"Applicant" or "developer" means a person, persons, or entity that applies for a residential project and also includes the owner or owners of the property if the applicant does not own the property on which development is proposed.

"Base units" means the total number of units in a residential project obtained via a Residential Allocation Reservation pursuant to a Specific Plan, excluding any density bonus units.

"Density bonus units" means dwelling units approved in a residential development calculated by applying the formulas set forth in California Government Code Section 65915 et seq. and Tustin City Code Section 9111 et seq. to the base units as permitted pursuant to any existing or future-adopted Specific Plan, that are in excess of the base units and maximum residential density otherwise permitted by the applicable Specific Plan, the City of Tustin General Plan, and Tustin City Code.

"Development approval" means a tentative map, parcel map, conditional use permit, development agreement, or any other discretionary permit.

"Extremely low-income household" shall have the definition given in California Health and Safety Code Section 50106.

"For-sale" means and refers to any dwelling unit, including a condominium, stock cooperative, community apartment, or attached or detached single family home, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the dwelling unit is located or for the creation of the unit in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.), or any residential development including such for-sale dwelling units.

"Low income household" shall have the definition given in California Health and Safety Code Section 50079.5.

"Market rate unit" means a new dwelling unit in a residential project that is not a voluntary workforce housing incentive program unit as defined by Section B9912 of this Chapter.

"Mixed use residential development" means any development that combines residential land uses with office, commercial, light industrial, or business park land uses.

"Moderate income household" shall have the definition given in California Health and Safety Code Section 50093(b).

"Residential area" means the area of base units within a residential project made available for occupancy and use as a dwelling unit, including private open space and excluding common open space.

"Rental" means and refers to a dwelling unit that is not a for-sale dwelling unit, and does not include any dwelling unit, whether offered for rental or sale, that may be sold as a result of the lawful subdivision of the parcel upon which the dwelling unit is located or creation of the unit in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.), or any residential development including such rental dwelling units.

"Residential project" means any residential development, including any mixed use residential development, requiring a development approval for which an application has been submitted to the City for a project that will utilize a Residential Allocation Reservation.

"Residential Allocation Reservation" means the process described in any existing or future-adopted Specific Play by which residential units are allocated by the City to a residential project.

"Very low-income household" means a household earning no more than the amount defined by California Health and Safety Code Section 50105.

"Voluntary workforce housing incentive program agreement" means an agreement in conformance with Section B9932 of this Chapter between the City and an applicant, governing how the applicant shall comply with this Chapter.

"Voluntary workforce housing incentive program fund" means the fund created by the City in which all fees collected in compliance with this Chapter shall be deposited pursuant to Section B9929 of this Chapter.

"Voluntary workforce housing incentive program guidelines" means the requirements for implementation and administration of this Chapter as may be promulgated by the City Manager pursuant to Section B9942 of this Chapter.

"Voluntary workforce housing incentive program in-lieu fee" means a fee payable per base unit or per square foot of residential area, as may be established by resolution of the City Council, and as specified by this Chapter, payable to the City prior to the issuance of a building permit for the residential project, unless the timing of payment is otherwise specified in an approved voluntary workforce housing incentive agreement pursuant to Section B9932 of this Chapter, or the conditions of approval for the residential project.

"Voluntary workforce housing incentive program plan" means a plan containing all of the information specified in and submitted in conformance with Section B9932 of this Chapter specifying the manner in which workforce housing units will be provided in conformance with this Chapter and the workforce housing incentive guidelines, and consistent with the City of Tustin General Plan and Article 9 of the Tustin City Code.

"Voluntary workforce housing incentive program unit" means a dwelling unit required by this Chapter to be affordable to very low, low, or moderate-income households. (Ord. No. 1491, Sec. II, 9-4-18)

PART 2 - APPLICABILITY AND VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM UNIT REQUIREMENTS

B9921 - APPLICABILITY.

The provisions of this Chapter shall apply to all residential projects, as defined in Section B9912 of this Chapter, except for any residential project exempt under Section B9922 of this Chapter. (Ord. No. 1491, Sec. II, 9-4-18)

B9922 - EXEMPTIONS.

This Chapter shall not apply to any of the following:

(a)

Applications for a development approval that include a residential project for which an application has been deemed complete prior to the effective date of the ordinance codified in this Chapter.

(b)

A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provide for an exclusion to this Chapter or provide for a different amount of voluntary workforce housing incentive program units from that specified by this Chapter, provided the development agreement was executed by the City prior to the effective date of the ordinance codified in this Chapter.

(c)

A residential project for which a housing incentive agreement has been approved pursuant to Section 9142 of Article 9, Chapter 1, Part 4 of this Code, provided that the housing incentive agreement is effective prior to the effective date of the ordinance codified in this Chapter, and there is no uncured breach of the housing incentive agreement before issuance of a certificate of occupancy for the project.

(d)

A residential project for which a development approval has been approved by the City by no later than the effective date of the ordinance codified in this Chapter. Upon expiration of any development approval, and unless otherwise exempted, the residential project shall be subject to the requirements of this Chapter, and shall not proceed until such time as a voluntary workforce housing incentive program plan is approved in conjunction with any other required development approval or amendment thereto. The exemption set forth in this Subsection shall not apply to any discretionary extension of a development approval or land use approval beyond its initial term granted after the effective date of the ordinance codified in this Chapter. (Ord. No. 1491, Sec. II, 9-4-18)

B9923 - VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM UNIT REQUIREMENTS.

All new residential projects, as defined in Section B9912 and as specified in Section B9921, shall include voluntary workforce housing incentive program units. Calculations of the number of voluntary workforce housing incentive program units required by this Section shall be based on the number of base units in the residential project.

(a)

On-site voluntary workforce housing requirement. Except as provided in Subsection (a)(3) below or when otherwise exempted from this Chapter, residential projects shall include voluntary workforce housing incentive program units upon the same site as the residential project. The number and type of voluntary workforce housing incentive program units required for the residential project shall be either:

(1)

Fifteen percent (15%) of the base units in the residential project made available at an affordable housing cost. Of these affordable housing units, six percent (6%) shall be made available to very low-income households, four and a half percent (4.5%) shall be made available to low-income households, and four and a half percent (4.5%) shall be made available to moderate-income households; or

(2)

Twelve and one-half percent (12.5%) of the base units in the residential project made available at an affordable housing cost. Of these affordable housing units, seven and one-half percent (7.5%) shall be made available to very low-income households, and five percent (5%) shall be made available to moderate-income households; or

(3)

One of the following:

a.

Five percent (5%) of base units in the residential project provided on-site or off-site, and made available to very low income households; or

b.

Ten percent (10%) of the base units in the residential project provided on-site or off-site, and made available to low income households.

(b)

Any residential project providing voluntary workforce housing incentive units pursuant to Subsection (a)(3) above must also pay to City a voluntary workforce housing incentive program in-lieu fee calculated by either:

(1)

Multiplying the voluntary workforce housing incentive program in-lieu fee by one-half (½) the number of base units provided on-site, or one-half (½) the residential project's total square feet of residential area (as established by resolution of the City Council); or

(2)

For residential projects where an application was received but not deemed complete on or before April 17, 2018, multiplying the voluntary workforce housing incentive program in-lieu fee by one-half (½) the residential project's total square feet of residential area (as established by resolution of the City Council).

(c)

For residential projects providing a mix of on-site voluntary workforce housing program units and paying a voluntary workforce housing incentive program in-lieu fee calculated pursuant to Subsection (b) of this Section, the voluntary

workforce housing incentive program unit requirements of Section B9923 may be satisfied in part by payment to the City of a voluntary workforce housing incentive program in-lieu fee calculated pursuant to that Subsection, provided that such fee is received by the City prior to the issuance of a building permit for the residential project, unless the timing of payment is otherwise specified in an approved voluntary workforce housing incentive agreement pursuant to Section B9932 of this Chapter, or the conditions of approval for the residential project.

(d)

Any off-site units provided pursuant to Subsection (a)(3) above shall comply with the requirements for off-site units set forth in Section B9925(b)(1) through (b)(7). (Ord. No. 1491, Sec. II, 9-4-18)

B9924 - FRACTIONAL UNITS.

In computing the total number of voluntary workforce housing incentive program units required in a residential project, fractions shall be rounded up to the next whole number. (Ord. No. 1491, Sec. II, 9-4-18)

B9925 - OPTIONS FOR PROJECTS OF FEWER THAN 20 UNITS TO SATISFY VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM REQUIREMENTS.

Subsections (a) through (d) of this Section B9925 shall apply only to residential projects of fewer than twenty (20) units.

(a)

On-site units. The primary means of complying with the voluntary workforce housing incentive program unit requirements of this Chapter shall be the provision of on-site voluntary workforce housing incentive program units in accordance with Section B9923. A developer of a residential project of fewer than twenty (20) units may only satisfy the requirements of this Chapter by means of an alternative to on-site voluntary workforce housing incentive program units in accordance with the requirements and procedures of this Section.

(b)

Off-site units. For residential projects of fewer than twenty (20) units, the voluntary workforce housing incentive program unit requirements of Section B9923 may be satisfied, in whole or in part, by the construction of new voluntary workforce housing incentive program units, or the conversion of existing market rate units to voluntary workforce housing incentive program units, offsite within the City's jurisdictional boundary. All workforce housing incentive program units developed off-site of the residential project in accordance with this Subsection shall comply with the following criteria:

(1)

The off-site location has a general plan designation that authorizes residential uses and is zoned for residential development at a density to accommodate at least the number of otherwise required workforce housing incentive program units within the residential project;

(2)

The off-site location is suitable for development of the workforce housing incentive program units in terms of configuration, physical characteristics, location, access, adjacent uses, and other relevant planning and development criteria;

(3)

Environmental review for the off-site location has been completed for the presence of hazardous materials and geological review for the presence of geological hazards and all such hazards are or shall be mitigated to the

satisfaction of the City prior to acceptance of the site by the City;

(4)

The construction schedule for the off-site voluntary workforce housing incentive program units shall be included in the voluntary workforce housing incentive program plan and the voluntary workforce housing incentive program agreement;

(5)

Any off-site voluntary workforce housing incentive program units shall be constructed and made available for occupancy prior to or concurrently with the market rate residential project pursuant to Section B9927;

(6)

Any off-site voluntary workforce housing incentive program housing units shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finish; and

(7)

Any off-site voluntary workforce housing incentive program housing units shall be substantially comparable to the market rate units included in the residential project in terms of gross floor area of habitable space and number of bedrooms per unit.

(c)

In-lieu fee. For residential projects of fewer than twenty (20) units, the voluntary workforce housing incentive program unit requirements of Section B9923 may be satisfied, in whole or in part, by payment to the City of a voluntary workforce housing incentive program in-lieu fee, as established by resolution of the City Council, provided that such fee is received by the City prior to the issuance of a building permit for the residential project, unless the timing of payment is otherwise specified in an approved voluntary workforce housing incentive agreement pursuant to Section B9932 of this Chapter, or the conditions of approval for the residential project. All voluntary workforce housing incentive program in-lieu fees collected under this Subsection shall be deposited in the voluntary workforce housing incentive program fund.

(d)

Alternative option. For residential projects of fewer than twenty (20) units, the workforce housing incentive program unit requirements of Section B9923 may be satisfied, in whole or in part, by an alternative option acceptable to the City, which may include without limitation the dedication of land for affordable housing. (Ord. No. 1491, Sec. II, 9-4-18)

B9926 - DENSITY BONUSES AND OTHER INCENTIVES.

All residential projects as defined in Section B9912 and subject to the voluntary workforce housing incentive program established by this Chapter shall be eligible for the density bonuses and other incentives, and for the waivers and reductions in development standards identified by State law as set forth in Government Code Section 65915 et seq. and Tustin City Code Section 9111 et seq., so long as the residential project provides voluntary workforce housing incentive program units in accordance with this Chapter. All calculations with respect to density bonuses, other incentives, and waivers or reductions in development standards provided pursuant to this Section B9926 shall be calculated by applying the provisions of Government Code Section 65915 to the proposed base units of the residential project. (Ord. No. 1491, Sec. II, 9-4-18)

B9927 - STANDARDS.

(a)

Location within the residential project. All voluntary workforce housing incentive program units shall be:

(1)

Reasonably dispersed throughout the residential project;

(2)

Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units;

(3)

Comparable to the market rate units in terms of quality of design, materials, finish and appearance;

(4)

Permitted the same access to community amenities and recreational facilities, as the market rate units; and

(5)

Provided functionally equivalent parking when parking is offered to the market rate units.

(b)

Timing of construction. All voluntary workforce housing incentive program units in a residential project shall be constructed and made available for occupancy prior to or concurrently with the market rate units. If the City approves a phased project, a proportional share of the required voluntary workforce housing incentive program units shall be provided within each phase of the residential project.

(c)

General Prohibitions.

(1)

No person shall sell or rent a voluntary workforce housing incentive program unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this Chapter.

(2)

No person shall sell or rent a voluntary workforce housing incentive program unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this Chapter.

(3)

No person shall provide false or materially incomplete information to the City or to a seller or lessor of a voluntary workforce housing incentive program unit to obtain occupancy of housing for which the person is not eligible. (Ord. No. 1491, Sec. II, 9-4-18)

B9928 - VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM FUND.

(a)

All monies collected pursuant to this Chapter, including all voluntary workforce housing incentive program in-lieu fees, shall be deposited into a separate account to be designated as the City of Tustin voluntary workforce housing

incentive program fund.

(b)

The monies in the voluntary workforce housing incentive program fund shall be expended exclusively to provide housing affordable to extremely low, very low, low, and moderate-income households in the City of Tustin, and administration and compliance monitoring of the voluntary workforce housing incentive program. (Ord. No. 1491, Sec. II, 9-4-18)