Part 3 — DEVELOPMENT STANDARD REQUIREMENTS

(a)

Location. Targeted units shall be built on-site, and be integrated within the housing development except those units built in conjunction with the donation and transfer of land pursuant to Section 9121(b).

(b)

Time of Construction. Targeted units shall be constructed concurrently with non-restricted units unless both the City and the applicant agree in the housing incentive agreement described in Section 9142 to an alternative schedule for development.

(c)

Bedroom Count. Except for a senior citizen housing development, the number of bedrooms of the targeted units shall be generally equivalent to the bedroom mix of the non-restricted units of the housing development, as determined by the Director and embodied in a housing incentive agreement. Notwithstanding the foregoing, the applicant may include a higher proportion of targeted units with more bedrooms than the non-restricted units.

(d)

Affordable Housing Restrictions—Rental Units. An applicant shall agree to, and the City shall ensure, continued affordability of all low- and very low-income rental units that qualified the applicant for the award of the density bonus for at least fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

(e)

Rents Units. Except as otherwise provided in subsection 9131(e)(1), Rents for the lower income density bonus units shall be set at an affordable rent.

(1)

For housing developments meeting the criteria of subsection 9121(a)(7), and except as my otherwise be required by the Surplus Land Act, rents for all units in the development, including both base density and density bonus units, shall be as follows:

(i)

The rent for at least 20 percent of the units in the development shall be set at an affordable rent.

(ii)

The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

(f)

Affordable Housing Restrictions - For Sale units. An applicant shall agree to ensure, and the City shall ensure, that a for-sale unit that qualified the applicant for the award of a density bonus meets either of the following conditions:

(1)

The unit is initially occupied by a person or family of very low, low or moderate-income, as required, and is offered at an affordable housing cost and is subject to an equity sharing agreement.

(2)

The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and

that includes all of the following:

(i)

A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser.

(ii)

An equity sharing agreement.

(iii)

Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income.

(g)

Equity Sharing. The City shall enforce an equity-sharing agreement required pursuant to subsections 9131(f)(1) or 9131(f)(2), unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity-sharing agreement:

(1)

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.

(2)

Except as provided in subsection 9131(g)(5), the City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five (5) years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

(3)

For purposes of this subsection, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

(4)

For purposes of this subsection, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.

(5)

If the unit is purchased or developed by a qualified nonprofit housing corporation, the City may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households within the jurisdiction of the City

(h)

Design. The design and appearance of the targeted units shall be consistent with the design of the total housing development. Housing developments shall comply with all development standards applicable to housing in the City, except those which may be modified as provided by this Chapter.

(i)

Housing Incentive Agreement. A housing incentive agreement shall be entered into between the applicant and City and/or the Housing Authority to memorialize among other things, the applicant's commitment to provide targeted units in accordance with this Chapter and other applicable provisions of State Law. The agreement shall be made a condition of the development permits (e.g., tract maps, parcel maps, site plans, planned development, conditional use permits, etc.) for all housing developments pursuant to this Chapter.

(Ord. No. 1528, Sec. 2, 10-4-22)

(a)

Parking. Upon the request of the developer, the vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of Section 9121(a), shall not exceed the following ratios:

(1)

Notwithstanding paragraph (a) above, if a development includes at least 20 percent low-income units pursuant to Section 9121(a)(1) or at least 11 percent very low-income units pursuant to Section 9121(a)(2), is located within onehalf mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (a) above, if a development includes at least 40 percent moderate-income units pursuant to Section 9121(a)(3), is located within onehalf mile of a major transit stop, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom. The following table provides the ratios described in this subsection, for a project meeting the eligibility criteria:

(b)

One Hundred Percent Affordable and Near Transit or Senior Citizen Housing. Notwithstanding paragraph (a) above, if a development consists solely of rental units with an affordable housing cost to low-income families, exclusive of a manager's unit(s), then, upon the request of the developer, the City shall not impose a vehicular parking standards if the development meets either of the following criteria (1) located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development, or (2) is a for-rent Senior Citizen Housing Development as defined in Section 9112, and has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

(c)

Special Needs Housing. Notwithstanding paragraph (a) above, if a development is a for-rent Special Needs Housing Development as defined in Section 9112, then, upon the request of the developer, the City shall not impose any minimum vehicular parking requirement. A development that is a Special Needs Housing Development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

[(d)

Reserved.]

(e)

Parking Calculations. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

(f)

Tandem Parking. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not on-street parking.

(g)

Parking Incentives/Concessions. If the development meets the requirements of Section 9121, an applicant may request parking incentives or concessions beyond those provided in this Section pursuant to Section 9123(a). A request pursuant to this Section shall not increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 9123(b).

(h)

General. The City may, in its discretion, reduce or eliminate a parking requirement for developments of any type in any location.

(i)

City Study. The City may impose a higher parking ratio not to exceed the ratio described in Section 9132(a)(1) if, based on substantial evidence found in a parking study prepared by the City within seven (7) years preceding the proposed

project and which includes an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The City shall make findings, based on the parking study supporting the need for a higher parking ratio.

(Ord. No. 1528, Sec. 2, 10-4-22)

PART 4 - APPLICATION AND HOUSING INCENTIVES AGREEMENT

(a)

Application Requirements. An applicant proposing a housing development pursuant to this Chapter, shall submit a preliminary application to the Community Development Department prior to the submittal of any formal request for approval of a permit for a housing development. Applicants are encouraged to schedule a pre-application conference with the Community Development Director to discuss and identify potential application issues. No charge will be required for the pre-application conference. A preliminary application shall include the following information:

(1)

Existing land uses on the property, including any existing rental unit(s).

(2)

A request for density bonus by specifying the code section of which the density bonus shall be awarded.

(3)

A description of the proposed housing development including the total number of units, targeted units by income category, and density bonus units bedroom mix.

(4)

The zoning and general plan designations and assessor's parcel number(s) of the project site.

(5)

The location of the targeted units within the housing development.

(6)

The number of additional housing units requested as the density bonus for the housing development.

(7)

A vicinity map and preliminary site, floor, and elevation plans, drawn to scale, including building footprints, driveway, and parking layout.

(8)

A description of any requested concession(s), incentive(s), waiver(s), modified parking standards, and/or development bonus requested and an explanation of why each is needed. In requesting a concession, incentive, waiver, modified standard of parking or waiver or reduction of development standards, the applicant shall explain how granting the request will result in identifiable and actual cost reductions for the development.

(9)

If a density bonus is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the conditions included in Section 9121(b) can be met.

(10)

If an additional density bonus or concession or incentive is requested for a child care facility, the application shall show the location and square footage of the child care facility and provide evidence that each of the conditions in Section 9121(c) can be met.

(11)

The applicant shall acknowledge in writing that a housing incentive agreement is required.

(b)

Application Review.

(1)

Following receipt of the application, the City shall notify the applicant whether the application is complete in a manner consistent with the timelines specified in specified in Government Code section 65943.

(2)

An application for a density bonus and/or concession or incentive pursuant to this Chapter shall be processed concurrently with any other permit application(s) required for the housing development. At a minimum, the application shall contain all the information described in Section 9141(a) plus all other required information. Final approval or disapproval of an application shall be made by the City Council; upon recommendation of the Planning Commission for those housing developments which require Planning Commission entitlements; except that no approval shall be effective until the City or the Housing Authority (as applicable) and applicant have executed a housing incentive agreement.

(3)

Where the applicant proposes that the City provide optional additional assistance as described in Section 9125 herein, the proposal shall be considered by the Planning Commission for recommendation to the City Council, or the Housing Authority where the Housing Authority funds are requested, for their preliminary approval unless such housing development does not require Planning Commission entitlements in which case, the City Council or the Housing Authority, as applicable, can authorize such assistance. A preliminary approval shall indicate the City Council's approval of the proposal for processing, but no optional additional assistance shall be deemed approved until embodied in the housing incentive agreement.

(Ord. No. 1528, Sec. 2, 10-4-22)

(a)

Agreement Requirement. Once an application for a density bonus and/or concession or incentive is approved pursuant to Section 9141(b), a housing incentive agreement shall be prepared consistent with any conditions of approval related thereto subject to review and approval as to form by the City Attorney. The City (or the Housing Authority) approval and execution responsibilities for such agreement shall be as identified in the approval of the housing development

application pursuant to Section 9141(b). Where such identification is not made by the City Council, such agreement shall be subject to approval by the City Council.

(b)

Agreement Review. The final approval of any documents as required by the agreement shall take place prior to or concurrent with final map approval, or, where a map is not being processed, prior to issuance of building permits for any parcels in the housing incentive agreement. The agreement shall be recorded with the Orange County Recorder concurrent with the recording of the final map or within thirty (30) days of approval if a map is not processed and shall be binding to all future owners and successors in interest.

(c)

Agreement Contents. The agreement shall include at least the following:

(1)

The total number of units approved for the housing development including the number of targeted units.

(2)

A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable housing cost.

(3)

The location, unit sizes (square feet), and number of bedrooms of targeted units.

(4)

Affordability restrictions for low and very low-income targeted units for at least fifty-five (55) years from the date the building(s) is first occupied or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program.

(5)

A schedule for completion and occupancy of the targeted units.

(6)

A description of the concessions or incentive(s), or optional additional assistance being provided by the City or the Housing Authority.

(7)

A description of remedies for breach of the agreement by either party (the City may identity tenants or qualified purchasers as third-party beneficiaries under the agreement).

(8)

A provision, consistent with City Council Policy, establishing a preference for the purchase or rental of the target units by Tustin residents or individuals employed within the City of Tustin.

(9)

Other provisions to ensure implementation and compliance with this Chapter and State Law.

(d)

In the case of for-sale housing developments or conversion of apartments to a condominium project consistent with this Chapter, the agreement shall provide for the following regarding the initial sale and use of targeted units during the applicable use restriction period and for the respective affordability period as set forth in Section 9131:

(1)

Targeted units shall, upon initial sale, be sold to eligible very low-income households, low-income households or persons and families of moderate income consistent with this Chapter or as approved by the City Council at an affordable housing cost or be made available to qualified residents in a senior citizen housing development.

(2)

Targeted units shall be initially owner-occupied by eligible very low-, low-income, or moderate-income households, or by senior citizens in the case of a senior citizen housing development or mobile home park that limits residency based on age requirements for housing for older persons.

(3)

The agreement shall provide for the continued affordability of the very low-income, low-income, and moderate-income targeted units for the applicable affordability period.

(4)

The agreement shall provide for the recapture by the City of its proportionate share of appreciation upon resale of the targeted units in accordance with this Chapter.

(e)

In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of targeted units during the affordability period:

(1)

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining targeted units for qualified tenants;

(2)

Provisions requiring the owner to verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter and State Law.

(Ord. No. 1528, Sec. 2, 10-4-22)

CHAPTER 2 - ZONING PART 1 - GENERAL

There is hereby adopted a Precise Zoning Plan for the City of Tustin. This Chapter shall be known by the following short title: "The Zoning Ordinance of the City of Tustin." (Ord. No. 157, Sec. 1)

9212 - PURPOSE OF CHAPTER

The purpose of this Chapter is to provide for regulations for the systematic execution of the Land Use element of the General Plan.

(Ord. No. 1549, Exh. A, 1-7-25)

a

Land Use Districts Enumerated

There are hereby established districts into which the City is divided and which are designated as follows:

Residential Districts

Commercial Districts

Industrial and Other Districts

(Ord. No. 157, Sec. 3; Ord. No. 1524, Secs. 5—16, 8-16-22)

b

Combining and Overlay Districts

In addition to the districts established, there are hereby established Combining and Overlay Districts which may be combined with any of the districts set forth as follows:

1.

Combining Parking Districts or "P" Districts.

2.

Cultural Resource District or "CR" District.

3.

Housing Overlay District or "HO" District.

(Ord. No. 1549, Exh. A, 1-7-25)

c

District Boundaries

The boundaries of the districts designated and established herein are as shown on that certain map entitled "ZONING MAP OF THE CITY OF TUSTIN" incorporated herein and made a part of this Chapter by reference as if herein fully set forth and to which reference is hereby made for full particulars as to the location of the areas shown within said districts. The Districts shown are hereby declared to be subject to the regulations pertaining to such designated districts as said regulations are set forth in Parts 2, 3, 4 and 5. (Ord. No. 157, Sec. 3.2)

d

Uncertain Boundaries

Where the exact boundaries of a district cannot be readily or exactly ascertained by reference to the Zoning Map of the City of Tustin, the boundary shall be deemed to be along the nearest street or lot line, as the case may be. If a district boundary line divides or splits a lot, the lot shall be deemed to be included within the district which is the more restrictive. The provisions of this Section shall not apply to acreage. (Ord. No. 157, Sec. 3.3)

e

Prezoning of Unincorporated Territory

Said Zoning Map of the City of Tustin may also contain, from time to time, zones designated for areas not lying within the corporate boundaries of the City of Tustin. The designations of zones fixed by prezoning pursuant to this Section of any unincorporated territory adjoining the City shall become the effective designated zone of said property at the same time that the annexation of such territory becomes effective. Any territory hereafter included within the City of Tustin, which, at the time its annexation becomes effective does not have a zone designated by prezoning, shall be designated by the zone which the territory bore under the County Zoning Ordinance, provided this Chapter has a district bearing the same designation. Any such land which did not bear a designation under the County Zoning Ordinance which is contained in this Chapter shall be designated as being in the "U", or Unclassified district. (Ord. No. 303, Sec. 1)

Except as provided in Parts 2, 3 and 4, no structure shall be erected, reconstructed, enlarged, altered or moved; nor shall any building or land be used except as hereinafter specifically provided and allowed in the districts in which such

structure and land are located. (Ord. No. 157, Sec. 4)