Part 4 — INDUSTRIAL AND OTHER DISTRICTS — Tustin Zoning Code

9240 - INDUSTRIAL AND OTHER ZONING DISTRICT SITE DEVELOPMENT STANDARDS ¶

Site Development Standards for Industrial and other uses by Zoning District. Site development standards for industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter.

Table 1: Industrial and Other Development Standards City of Tustin

Site Development Standards for Industrial and other uses by Zoning District. Site development standards for industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter.	Site Development Standards for Industrial and other uses by Zoning District. Site development standards for industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter.	Site Development Standards for Industrial and other uses by Zoning District. Site development standards for industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter.	Site Development Standards for Industrial and other uses by Zoning District. Site development standards for industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter.	Site Development Standards for Industrial and other uses by Zoning District. Site development standards for industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter.	Site Development Standards for Industrial and other uses by Zoning District. Site development standards for industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter.	Site Development Standards for Industrial and other uses by Zoning District. Site development standards for industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter.	Site Development Standards for Industrial and other uses by Zoning District. Site development standards for industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter.	Site Development Standards for Industrial and other uses by Zoning District. Site development standards for industrial and other uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 4 of this Chapter.
Table 1: Industrial and Other Development Standards City of Tustin
Zoning	Minimum Lot Area	Minimum Lot Width	Lot Coverage	Building Height	Front Yard (1)	Interior Side Yard (1)	Corner Side Yard (1)	Rear Yard (1)
PM Planned Industrial District (Sec. 9241)	20,000 sq. ft.	100 feet	100 percent(2)	50 feet	25 feet	3 feet	3 feet	10 feet
M Industrial District (Sec. 9242)	N/A	N/A	100 percent(2)	50 feet	None	None	None	None
U Unclassifed District (Sec. 9243)	As established by Conditional Use Permit
PC Planned Community District (Sec. 9244)	As determined with adoption of PC District
PI Public and Institutional District (Sec. 9244)	As established by Conditional Use Permit
---	---
SP1 Tustin Legacy Specifc Plan (Sec. 9246)	As set forth in Tustin Legacy Specifc Plan

(1) If it fronts onto secondary or primary highway then refer to Section 9271u.

(2) Less parking and landscaping requirements.

(Ord. No. 1429, Sec. II.17, 5-21-13; Ord. No. 1524, Secs. 19, 20, 8-16-22)

9241 - PLANNED INDUSTRIAL DISTRICT (PM) ¶

a

Permitted Uses

The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission are similar) will be allowed in the Planned Industrial District (PM) subject to the development standards identified in Table 1 of Section 9240 and/or as specified in this Chapter:

1.

Alcoholic beverage sales (off-site) located within a building and permitted business with at least 10,000 square feet of gross floor area and where the alcoholic beverage sales area within the building occupies no more than 10 percent of the gross floor area. (Ord. No. 1493, Sec. 3, 9-4-18)

2.

Book binding.

3.

Bulk merchandise sales.

4.

Ceramic and plastic fabrication.

5.

Chemical laboratories.

6.

Delicatessens.

7.

Design and development.

Distributors of electronic, electrical, and electromechanical products.

9.

Finished paper products.

10.

Food (and kindred products) manufacturing or storage.

11.

Laboratories for research and development.

12.

Leather products.

13.

Light industrial, research and development, and manufacturing uses which do not maintain greater than fifty (50) percent of their gross floor area for office purposes.

14.

Office uses - including administrative and professional offices (as defined in Section 9297) that are accessory to permitted uses (subject to the provisions set forth in Section 9271ee).

15.

Outside storage (in conjunction with permitted use) enclosed in minimum of six-foot high solid fence.

16.

Parking lots.

17.

Pharmaceutical products.

18.

Photography and printing plants.

19.

Precision machine shop.

20.

Prototype weapons and fabrication of components.

21.

Public utility uses (except the storage of flammable fuel products).

Scientific instrument manufacturing.

23.

Textile and furniture manufacturing.

b

Conditionally Permitted Uses

The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Planned Industrial District (PM) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.

1.

Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments.

2.

Offices (greater than 50 percent of gross floor area).

(Ord. No. 1429, Sec. II.18, 5-21-13)

Prior History—Ord. No. 157, Sec. 4.11; Ord. No. 307, Sec. 2; Ord. No. 599; Ord. No. 963, Sec. 2D, 1-20-86; Ord. No. 1003, Sec. 1, 3-21-88; Ord. No. 1230, Sec. 2, 6-19-00; Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1367, Sec. II, 4-6-10

9242 - INDUSTRIAL DISTRICT (M)

a

Permitted Uses

In the Industrial District (M), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9240 and/or as specified in this Chapter.

1.

All uses permitted in the PM District.

2.

Sexually oriented businesses, as defined in section 3911(a), and subject to the provisions set forth in Article 3 Chapter 9 of the Tustin City Code.

b

Conditionally Permitted Uses

The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Industrial District (M) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9240 and/or as specified in this Chapter.

All conditionally permitted uses in the PM District, subject to the development and use criteria specified thereto.

2.

All permitted uses that utilize greater than fifty (50) percent of their gross floor area for office use (including administrative and professional offices as defined in Section 9297 and subject to the provisions set forth in Section 9271ee).

3.

Building material yards.

4.

Caretaker's residential unit when in conjunction with permitted use.

5.

Convenience stores.

6.

Hazardous waste facilities (subject to all standards and criteria contained in the Tustin City Code).

7.

Indoor Kennels and Animal Boarding Facilities.

8.

Manufacturing uses (subject to compliance with performance standards of the Air Pollution Control Board).

9.

Places of worship, subject to adopted guidelines.

10.

Restaurants.

Retail commercial uses.

12.

Schools for professional, instructional, motivational, vocational and/or seminar uses.

13.

Specialty stores.

(Ord. No. 1429, Sec. II.19, 5-21-13)

Prior History—Ord. No. 157, Secs. 4.10, 4.11; Ord. No. 599; Ord. No. 896, Sec. 14, 11-21-83; Ord. No. 963, Secs. 2D, 2E, 1-20-86; Ord. No. 981, Sec. 9, 5-4-87; Ord. No. 1003, Sec. 1, 3-21-88; Ord. No. 1097, Sec. 1, 3-15-93; Ord. No.

1100, Sec. 1, 11-2-92; Ord. No. 1101, Secs. 1D, 2, 11-12-92; Ord. No. 1237, Sec. 2, 6-4-01; Ord. No. 1240, Sec. 2, 2- 6-01; Ord. No. 1313, Sec. II, 7-3-06; Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1367, Sec. II, 4-6-10.

9243 - UNCLASSIFIED DISTRICT (U) ¶

In the Unclassified District (U) all uses are permitted unless otherwise prohibited by law, provided that a Conditional Use Permit shall first be secured for any use to be established in any "U" District, with development criteria as specified in the Conditional Use Permit.

(Ord. No. 1429, Sec. II.20, 5-21-13)

9244 - PLANNED COMMUNITY DISTRICT (PC)

a

Purpose

To allow diversification of the relationships of various buildings, structures and open spaces in planned building groups while ensuring substantial compliance with the district regulations and other provisions of this Chapter. The intent of this Chapter is to ensure that adequate standards related to the public health, safety and general welfare shall be observed without unduly inhibiting the advantage of large scale planning for residential, commercial and industrial purposes. The amenities and compatibilities of PC Districts are to be ensured through the adoption of a Development Plan and/or the approval of Conditional Use Permits, maps, diagrams, and text setting forth land use relationships and development standards.

b

General Requirements

The following provisions shall apply in the PC District and subject to the other provisions of this Chapter. Except that where conflict in regulations occur, the regulations specified in this Section or in the Development Plan or plans approved pursuant to this section or Housing Overlay District shall apply. (Ord. No. 1367, Sec. II, 4-6-10; Ord. No. 1524, Sec. 9, 8-16-22)

c

Application

The entire parcel for which an application for rezoning or pre-zoning to PC is filed must be in one ownership. Should there be multiple owners, the application must be made by or with the written authorization for such action on behalf of all property owners concerned, and the applicant, together with a statement signed by interested owners that they agree to be bound by the regulations and conditions which will be effective within the district. (Ord. No. 1367, Sec. II, 4-6-10; Ord. No. 1524, Sec. 9, 8-16-22)

d

In the Planned Community District (PC), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9240, the Housing Overlay District and/or as specified in this Chapter.

1.

The uses permitted in any PC District or the Housing Overlay District shall be those designated on the approved development plan. In the event that such approved use does not conform to the General Plan of the City, the General Plan shall be amended, pursuant to the General Plan Amendment process, to conform to the development plan. Said amendment may be processed simultaneous with the amending of the zoning ordinance classifying the area PC.

2.

The continued use of land within a PC District for agricultural.

3.

Grading shall be permitted within a PC District outside of an area of immediate development subject to securing a grading permit.

4.

Any area designated for residential use by a PC District approved development plan may be developed at a lower residential density than is indicated on the approved development plan without requiring an amendment of the development plan. Notwithstanding, any site identified in the City's certified Housing Element Sites Inventory to Meet Regional Housing Needs Allocation (RHNA) shall not be developed with fewer housing units at the income level identified without first identifying alternative sites to accommodate the shortfall and to comply with the No-Net-Loss obligations pursuant to California Government Code Section 65863.

5.

Repealed.

6.

Reverse vending machines (Subject to standards contained in Section 9271bb).

7.

Sexually oriented businesses, as defined in Section 3911(a), and subject to the provisions set forth in Article 3 Chapter 9 of the Tustin City Code.

8.

SADUs and JADUs (subject to the provisions set forth in Section 9279).

(Ord. No. 911, Sec. 6, 5-21-84; Ord. No. 993, Sec. 5, 9-8-87; Ord. No. 1367, Sec. II, 4-6-10; Ord. No. 1429, Sec. II.21, 5-21-13; Ord. No. 1549, Exh. A, 1-7-25)

Procedures

1.

Any application for a zone change to permit the establishment of a PC District shall be made pursuant to Section 9295 of this Chapter and shall be accompanied by a development plan for the entire parcel which is the subject of the application. Said development plan shall be subject to the processing of a Conditional Use Permit if, included within the plan are areas designated for professional or general office use (as defined in Section 9297). Prior to approving a Conditional Use Permit for construction of a building designated for such office usage, the Planning Commission shall make findings, including, but not limited to, the following:

(a)

Development or construction of professional or general office use would be more compatible with surrounding uses in the area than retail commercial uses on the subject property (Ord. No. 896, Sec. 15, 11-21-83; Ord. No. 1367, Sec. II, 4-6-10; Ord. No. 1524, Sec. 9, 8-16-22)

2.

Areas on the development plan shall be subject to one of the following or any combination thereof:

(a)

The requirements of any of the zoning districts established by this Chapter, as amended;

(b)

Standards of development set forth on the approved development plan and supplementary text material;

(c)

Approval of a Conditional Use Permit by the Planning Commission prior to development; or

(d)

In the event that bulk vending machines and/or a large collection facility are part of an approved development plan, said uses shall be subject to all standards contained in Section 9271bb. (Ord. No. 993, Sec. 8, 9-8-87; Ord. No. 1367, Sec. II, 4-6-10)

3.

The development plan shall set forth the following:

(a)

The proposed use of all lands within the subject property and the approximate dimensions of the exterior boundaries of each area;

(b)

The type, character and heights of buildings or structures and the number of dwelling units per gross acre proposed for each residential area;

(c)

The location of school sites, recreational facilities and other public and quasi-public facilities and the approximate area of each site;

(d)

The general location of major thoroughfares coordinated with the Orange County Master Plan of Arterial Highways;

(e)

A topographic map of the property;

(f)

A preliminary report describing proposed provisions for storm drainage, sewage disposal, water supply, and other utilities;

(g)

A justification of all commercial and industrial facilities, if any, to be located within the subject property.

4.

The development plan, after its approval and adoption as provided herein, shall be recorded in the Office of the County Recorder and all development within the district shall substantially comply therewith, except as said development plan may be amended by ordinance.

5.

Commencement of construction

Building construction shall not be commenced unless and until one of the following alternatives has been accomplished:

(a)

There has been recorded a final subdivision map for any specific portion of the district designated on the development plan as subject to the regulations of a zoning district established by this Chapter or for which Standards of Development have been approved. Said subdivision shall comply with the provisions of Chapter 3 of Article 9 of this Code, as amended, and the State Subdivision Map Act.

(b)

Standards of development have been approved on the development plan for the specific area proposed for development. If ambiguity exists as to the specific dimensions or extent of any designated area on the development plan, the specific boundaries shall be set by the filing of a legal description and map of the parcel proposed for development in conjunction with the filing for construction permits.

(c)

The Planning Commission has granted a Conditional Use Permit for any specific development. (Ord. No. 1429, Sec. II.22, 5-21-13)

6.

Application for a Conditional Use Permit for development as stipulated above shall include the following as applicable:

(a)

Topographic map of the property showing the proposed method of adapting the development to the site;

(b)

Legal description or boundary survey of the property;

(c)

Location, grades, widths and types of improvements proposed for all utilities, streets, walkways, driveways and service areas;

(d)

Location, height, number of stories and number of residential units, if any, for each proposed structure;

(e)

Location and design of automobile parking areas;

(f)

Preliminary landscaping plan;

(g)

Location of public or quasi-public buildings or areas, including but not limited to, schools, recreation facilities, parking areas, and service areas, if any;

(h)

Elevations of structures showing architectural type;

(i)

Irrevocable offers to dedicate those areas shown on the plan as public property;

(j)

Method by which the property could be divided for the sale or lease of individual parcels;

(k)

Method by which open space areas are to be perpetually maintained. (Ord. No. 335, Sec. 2)

(Ord. No. 1429, Sec. II.23, 5-21-13)

f

Conditionally Permitted Uses

The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Planned Community District (PC) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9240 and/or as specified in this Chapter. (Ord. No. 1524, Sec. 40, 8-16-22)

1.

Alcoholic beverage sales establishments subject to the provisions set forth in Section 9271dd and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments. (Ord. No. 1367, Sec. II, 4-6-10)

(Ord. No. 1429, Sec. II.24, 5-21-13)

(Ord. No. 1230, Sec. 2, 6-19-00)

9245 - PUBLIC AND INSTITUTIONAL DISTRICT (PI)

a

Purpose

The purpose of the Public and Institutional District shall be to identify by classification on the zoning map those properties within the City that are used or authorized for public, quasi-public and institutional use; in tax exempt status, open space reservation, public recreation, and miscellaneous uses distinct from the standard classifications of residential, commercial and industrial.

Conditionally Permitted Uses

The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Public and Institutional District (PI) subject to the issuance of a Conditional Use Permit. (Ord. No. 1524, Sec. 19, 8-16-22)

1.

Places of Worship, subject to adopted guidelines (Ord. No. 1429, Sec. II.25, 5-21-13)

2.

City Hall, civic center, community center

3.

Federal, state, county, district office buildings

4.

Hospitals

5.

Libraries

6.

Lodges, clubs, and social halls

7.

Military installations

8.

Open space reservations

9.

Parks, playgrounds, and recreation centers (public)

10.

Post office

11.

Public parking

12.

Schools (public) and school administration offices (Ord. No. 1367, Sec. II, 4-6-10)

c

Development Standards

The development standards and requirements for development and changes in use shall be those contained in the general section of this Chapter and as specified and approved by the Planning Commission as conditions of the

Conditional Use Permit. (Ord. No. 1429, Sec. II.26, 5-21-13)

d

Reclassification

Conversion of any public or quasi-public use established in the PI District to private use shall require a rezoning and classification action. (Ord. No. 1524, Sec. 19, 8-16-22)

(Ord. No. 525)

9246 - TUSTIN LEGACY SPECIFIC PLAN DISTRICT (SP 1 SPECIFIC PLAN)

a

Conditionally Permitted Uses

The purpose of the Tustin Legacy Specific Plan District (SP 1 Specific Plan) is to establish zoning regulations to guide the orderly development and improvement in accordance with the Tustin Legacy Specific Plan for that portion of the city which is designated as Tustin Legacy Specific Plan on the official zoning map of the city. The preparation and adoption of a specific plan is authorized by Chapter 3, Article 8 of the State of California Planning and Zoning Law (Government Code Sections 6540 et seq.). The Tustin Legacy Specific Plan replaces the usual development standards otherwise applicable to most property within the City of Tustin.

b

Adoption of Tustin Legacy Specific Plan

There is adopted the Tustin Legacy Specific Plan, the text of which is set forth in the document entitled "Tustin Legacy Specific Plan" attached to this ordinance as Exhibit B, as corrected by changes identified as "Tustin Legacy Specific Plan Corrections" and provided as Exhibit C, which are attached hereto and incorporated herein by reference as if fully set forth herein.

c

Applicability

The SP 1 Specific Plan District is established by this chapter. The provisions of this section shall apply to all property shown on the official zoning map within the SP 1 Specific Plan District. The regulations set forth in the Tustin Legacy Specific Plan shall apply to the SP 1 Specific Plan District only in so far as they are not inconsistent with the Tustin General Plan.

d

Permitted uses and development standards

All property within the SP 1 District shall be developed and maintained in accordance with all policies, requirements, regulations and provisions set forth [in] the Tustin Legacy Specific Plan.

e

Zoning adoption or change

The SP 1 District zoning shall be adopted or changed by the same procedure prescribed within the Tustin City Code for zoning district amendments and consistent with State of California Planning and Zoning Law. An amendment to the Tustin Legacy Specific Plan may be processed as described within Section 4.2.7 of the Tustin Legacy Specific Plan. Amendments to the Tustin Legacy Specific Plan may be adopted by ordinance and may be amended as often as deemed necessary by the Tustin City Council.

(Ord. No. 1257, Sec. 2, 2-3-03; Ord. No. 1524, Sec. 20, 8-16-22)

PART 5 - COMBINING AND OVERLAY DISTRICTS

9251 - COMBINING PARKING DISTRICT (P) ¶

Permitted Uses

All uses in the districts with which the "P" is combined.

b

Development Standards

1.

As specified in the district with which the "P" District is combined, unless superseded by the provisions of this district

2.

Front yard requirement: Layout of landscaping

3.

Repealed. (Ord. No. 1354, Sec. II, 11-4-08)

(Ord. No. 157, Sec. 4.13)

9252 - CULTURAL RESOURCE DISTRICT (CR)

a Purpose

Tustin has played a vital role in the history of Orange County and has retained a rich and unique cultural heritage. It is hereby declared as a matter of public policy that the recognition, preservation, protection and use of culturally significant structures, natural features, sites and neighborhoods within the City of Tustin is required in the interest of the health, safety, prosperity, social and cultural enrichment and general welfare of City residents. The purpose of Cultural Resource District is to:

1.

Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage.

2.

Encourage public knowledge, understanding and appreciation of the City's past.

3.

Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources.

4.

Promote the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City.

5.

Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City.

6.

Enhance property values and increase economic and financial benefits to the City and its inhabitants.

7.

Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district.

8.

Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses.

b Applicability

1.

The Cultural Resource District is an overlay district and shall apply to those properties as shown on the official Tustin Zoning Map and to those cultural resource structures and sites as may be designated by resolution of the City Council and listed by address and filed with the Department of Community Development.

2.

The zoning district map shall be amended to indicate the application of the Cultural Resources District. The designation CR shall be added after the underlying zoning designation.

3.

The requirements of this section shall be considered in conjunction with the requirements of the underlying district. If a conflict exists between the requirements of the underlying district and this section the requirements of this section shall apply.

c

Planning Commission

The Planning Commission shall advise the City Council on all matters relating to historic and cultural resources, including without limitation, matters affecting the establishment of a Cultural Resource District, designation of Cultural Resources, and as a liaison between residents, property owners, and the City Council within a Cultural Resources District. In performing its historic and cultural resources duties, the Planning Commission shall not exercise any independent final decision-making authority or expend city funds. Actions of the Commission shall not be considered actions of the City and shall not be represented as such.

d

Cultural Resource Designation Criteria

For the purposes of this section, an improvement or natural feature may be designated a cultural resource by the City Council, and any area within the City may be designated as a Cultural Resource District by the City Council if it meets the following criteria:

1.

It exemplifies or reflects special elements of the City's cultural, architectural, aesthetic, social, economic, political, artistic, engineering and or architectural heritage; or

2.

It is identified with persons, a business use or events significant in local, state, or national history; or

3.

It embodies distinctive characteristics of style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftmanship; or

4.

It is representative of the notable work of a builder, designer, or architect; or

5.

Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community or the City; or

6.

Its integrity as a natural environment or feature strongly contributes to the wellbeing of residents of the City or the wellbeing of a neighborhood within the City; or

7.

It is a geographically definable area possessing a concentration or continuity of site, buildings, structures or objects as unified by past events or aesthetically by plan or physical development.

Cultural Resource Designation Procedures

Cultural Resource Districts and Designated Cultural Resources shall be established by the City Council as follows:

1.

Any person may request the designation of an improvement as a cultural resource or the designation of a Cultural Resource District by submitting an application for such designation to the Community Development Director. The Committee or City Council may also initiate such proceedings on their own motion.

2.

The Community Development Director or City Council shall refer the proposed request to the Committee for their study, review and recommendation.

3.

The Committee shall conduct a study of the proposed designation and make a preliminary determination based on such documentation as it may require as to its appropriateness for consideration. If the Committee determines that the application merits consideration, but only if it so determines, it shall schedule and notice a public hearing.

The Committee's decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the Community Development Department. Notice of a decision not to schedule a public hearing shall be given by mail to the applicant. No permits for alteration, demolition or removal of any improvement, building or structure within the proposed Cultural Resources District or relative to a proposed cultural resource shall be issued while the public hearing or any appeal related thereto is pending.

5.

In the case of a proposed Designated Cultural Resource, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicant, property owner, and occupants of the improvement at least ten (10) days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of general circulation.

6.

In the case of a proposed Cultural Resources District, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicant, property owners and occupants of all properties within the proposed district at least ten (10) days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of general circulation.

7.

At the conclusion of the public hearing, but in no event more than thirty (30) days from the date set for the initial public hearing for the designation of a proposed Cultural Resource or Cultural Resource District, the Committee shall recommend approval in whole or in part, or disapproval in whole or in part of the application in writing. In the case of a proposed Cultural Resource District, the Committee's recommendation shall be forwarded to the Planning Commission who shall follow all Zoning Amendment procedures contained in the Tustin Municipal Code considering establishment of the Cultural Resource District. In the case of designation of a Cultural Resource or site, the Committee's recommendation shall be transmitted directly to the City Council.

8.

The City Council, after receipt of the recommendations from the Planning Commission for designation of a Cultural Resource District, shall by ordinance approve the application in whole or in part, or shall by motion disapprove it in its entirety. In the case of designation of a Cultural Resource recommended by the Committee the City Council shall by resolution approve the application in whole or in part of, or by motion disapprove the request.

9.

Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in conjunction with the proposed designation.

10.

As soon thereafter as reasonably possible the Community Development Department shall send by first class mail a copy of the Ordinance designating a Cultural Resource District or a certified copy of the resolution designating a Cultural Resource to the property owner or owners in the District or the property owner or owners of the Cultural Resource, as applicable.

11.

Amendment, revision or deletion of a designation may be accomplished by following the above procedures.

Certificate of Appropriateness Required

1.

A Certificate of Appropriateness shall be required prior to:

(a)

Alteration of the exterior features of a building or site within a designated Cultural Resource District, or alteration of a Designated Cultural Resource, or construction of improvements within a designated Cultural Resources District requiring a City building permit.

(b)

Demolition or removal of any Designated Cultural Resource or of any improvements in a Cultural Resource District.

(c)

A certificate of appropriateness shall not be required for the following: (1) ordinary maintenance or repairs that do not involve a change in design, exterior material or original appearance of an improvement, nor (2) any construction, reconstruction, alteration or removal of any feature which has been determined by the Building Official to be necessary to protect the public health or safety due to an unsafe or dangerous condition provided the Building Official certifies such action.

g

Procedure for Certificate of Appropriateness

1.

Application for a Certificate of Appropriateness shall be made on forms provided by the Community Development Department and shall contain whatever detailed information (plans, drawings, agreements, photographs, etc.) as is determined by the Community Development Department to be necessary for the Department to act on the request. Where the proposed project requires other discretionary approvals such as a tentative tract map, the background information shall also be concurrently submitted to the Department on each of these applications.

2.

Applications for Certificate of Appropriateness shall comply with the California Environmental Quality Act (CEQA).

3.

The Community Development Director shall have the authority to approve, approve with conditions, or deny Certificates of Appropriateness for improvements requiring a City building permit. In reviewing applications for a Certificate of Appropriateness, the Community Development Director may consult with and receive the advice and recommendation of the Planning Commission, in their capacity as the Historic Resource Committee, prior to rendering a decision. (Ord. No. 1429, Sec. II.27, 5-21-13)

4.

Any person may appeal any decision of the Director of Community Development or Planning Commission in accordance with Section 9294 of this Code (Appeals).

A Certificate of Appropriateness shall lapse and become void one (1) year following the date on which the certificate was approved unless the conditions of the approval specify a lesser or greater time or unless, prior to such expiration date, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the application. A Certificate may be renewed for an additional period of one (1) year or for a lesser or greater period provided that prior to the expiration of the time period granted, an application for renewal of the permit is filed with the Community Development Department. The Community Development Director may approve, approve with conditions or deny an application for renewal of a Certificate of Appropriateness; such decision may be appealed as set forth in paragraph 4 above.

6.

Any Certificate of Appropriateness granted in accordance with the terms of this section may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such Certificate are violated or upon violation of any applicable provisions of this section.

Before the Council considers revocation of any Certificate of Appropriateness, the Planning Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its findings and its recommendations on the revocation to the City Council who will act on the matter.

h

(1)

No merchandise shall be displayed nor advertised for sale on or over public right-of-way. This section is not to be construed as restricting nor limiting the outside display and sale of merchandise on private property within the district.

(c)

Authorized and encouraged uses:

The following uses are authorized and encouraged with the interest of creating a commercial village atmosphere:

The following uses are authorized and encouraged with the	interest of creating a commercial village atmosphere:
Pipe and tobacco shops	Lamp shops
Wine tasting rooms/micro-winery and/or beer tasting rooms/micro-brewery (Section 9271dd)	Yardage goods
Leather goods	Knit shops
Candle shops	Ice cream shops
Boutique	Jewelry shops
Cofee shops	Wrought iron ware
Ethnic restaurants	Art galleries
(Spanish, Mexican, French, German)	General ofces (if located on any foor above and if less than 50 percent of total area are occupied by general ofces, consistent with Section 9233a(1)(g)
Hobby shops	Delicatessens
Photographer's studios	Antique shops
China and crystal	Gift shops

The above list of potential uses is not all encompassing but typifies the character of uses that illustrate the desired image.

(Ord. No. 1251, Sec. 2, 5-20-02; Ord. No. 1429, Sec. II.29, 5-21-13; Ord. No. 1493, Sec. 4, 9-4-18)

(d)

Site development standards and exception

In order to provide maximum flexibility in design and development for various lot sizes, consistent with a concept of village environment, the following criteria and exceptions are applicable:

(1)

Front building setbacks may be established at the property line except for corner properties requiring a five-foot line of sight clearance.

(2)

Rear yard setbacks shall be established at fifteen (15) feet from the rear property line, or in the event the development extends to the next intervening street, the rear setback line shall be construed as the frontage on "C" or Prospect Streets.

(3)

As an exception to the general sections of this Chapter and other provisions of the Zoning Ordinance, when commercial and professional properties are developed or converted to permitted uses under the provisions of this

section, on-site parking requirements may be modified under any one or a combination of the following provisions:

a.

Property or properties that lie within a Vehicle Parking Assessment District or Business Improvement Area shall be exempt from the requirement for on-site parking accommodations, subject to the provisions of the Parking or Improvement District Ordinance.

b.

On-site parking requirements may be satisfied upon the presentation to the City of a long-term lease, running with and as a condition of the business license, for private off-site parking accommodations within 500 feet of the business or activity to be served in accordance with Section 9266(b)(2). (Ord. No. 1524, Sec. 41, 8-16-22)

c.

All or a portion of required number of parking spaces may be satisfied by depositing with the City an amount, to be used for public parking accommodations within the area, equal to four (4) times the assessed value as determined from the latest assessment roll of the County Assessor, of 200 square feet of land within the area, for each required parking space not otherwise provided.

d.

Reduction of nonresidential or commercial parking requirements within the Downtown Commercial Core Special Plan. All or a portion of the required number of commercial parking spaces may be satisfied by depositing with the City a Parking Exception Fee to be used for public parking accommodation within the area. The amount of the parking exception fee shall be determined by Fee Resolution of the City Council and the project shall meet the findings set forth in Section 9299(b)(4)(e). (Ord. No. 1536, Sec. 4, 4-16-24)

(Ord. No. 1416, Sec. 2, 4-3-12; Ord. No. 1524, Secs. 8, 42, 8-16-22)

(e)

Public improvements

Public improvements contributing to the motif of the area and the intent of this section are to consist of the following:

(1)

Street furniture for convenience of the pedestrian shopper to consist of benches and trash receptacles.

(2)

Street lighting with the use of stanchions and fixtures that contribute to the development theme.

(3)

Street portals to create an identity of approach to the area for vehicle and pedestrian traffic.

(4)

The use of wishing wells as theme and area identity.

(5)

Street and traffic patterns that segregate vehicle from pedestrian traffic by providing rear access to parking accommodations, delivery services, and through traffic, with frontage accommodations for pedestrians and short term convenience parking.

k

Duty to Keep in Good Repair

The owner, occupant, or other person in actual charge of a Designated Cultural Resource shall keep the exterior of any designated structure, site, or feature in good repair.

l

Enforcement and Penalties

1.

Methods of enforcement. In addition to the regulations of this section which govern the approval or disapproval of Certificates of Appropriateness covered by this section, the Community Development Department shall have the authority to implement the enforcement thereof by any of the following means:

(a)

Serving notice requiring the removal of any violation of this section upon the owner, agent, occupant or tenant of the improvement, building, structure or land;

(b)

Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this section, and the City Attorney is hereby authorized to institute any actions to that end;

(c)

Calling upon the Chief of Police and authorized agents to assist in the enforcement of this section.

In addition to any of the foregoing remedies, the City Attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this section, or for an injunction in appropriate cases.

2.

Penalties. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months or be so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. No. 1001, Sec. 2, 6-20-88; Ord. No. 1301, §§ III—VI, 9-19-05; Ord. No. 1332, Sec. 2, 5-1-07; Ord. No. 1366, Sec. 18, 11-17-09)

9253 - HOUSING OVERLAY (HO) DISTRICT

a

Purpose

The City's housing needs are identified in the Tustin General Plan's Housing Element, which establishes citywide goals, objectives and policies for enhancing and preserving the community's character, and expanding housing opportunities. The City's Housing Element provides that housing overlay districts may be applied to non-residentially zoned

properties to create mixed-use development within walking distance to commercial services, employment and public transportation. The purpose of the Housing Overlay District is to:

1.

Ensure that a broad range of housing types are provided to meet the needs of existing and future residents

2

Support the development of underutilized land in order to provide the community with a diversity of housing types, affordable housing, and housing near services and public transit.

3.

Support infill development or site redevelopment using smart growth principles, allowing for the construction of higher density housing, affordable housing, and mixed-use development (the vertical and horizontal integration of commercial and residential uses) in proximity to employment, community facilities, commercial services, and other amenities.

4.

Foster equal housing opportunities for all persons, and promote the dispersion and integration of housing for lowvery-low, and moderate-income families throughout the community.

5.

Prioritizes sustainable housing developments in proximity to services and employment centers thereby enabling the use of public transit, walking or bicycling and promoting an active lifestyle, while reducing development impacts on open space and natural habitat areas.

b.

Applicability

1.

The Housing Overlay District (HO) is an overlay zone that shall be applied in conjunction with an underlying zone (base zone) of Planned Community (PC) District as shown on the official Tustin Zoning Map.

2.

The Zoning Map shall be amended to indicate the application of the Housing Overlay (HO) District. The designation HO shall be added after the underlying zoning designation.

3.

The entire parcel for which an application for rezoning or pre-zoning to Housing Overlay District is filed must be in one (1) ownership, or if there be multiple owners, the application must be made by or with the written authorization for such action on behalf of all property owners concerned, and the applicant, together with a statement signed by interested owners that they agree to be bound by the regulations and conditions which will be effective within the district.

4.

The requirements of this section shall be considered in conjunction with the requirements of the underlying (base) district. If a conflict exists between the requirements of the underlying district and this section, the requirements established pursuant to this section shall apply.

c.

Procedures

The multiple family residential development standards of the R-3 District of the Tustin City Code shall apply to an HO District when the Council has not adopted site specific standards for a HO site.

3.

Development proposals shall comply with adopted objective design standards.

f.

Required Findings for Establishment of HO District

For the purpose of this section, an area may be designated as an HO District by the City Council if it meets one (1) or more of the following findings:

1.

The establishment of the HO district provides diversity of housing in terms of product types, tenure and affordability.

2.

The HO district provides housing in close proximity to public transit and employment opportunities.

3.

The HO district is within close proximity to existing or proposed community facilities and amenities, such as parks, libraries, dining, entertainment, fitness centers, trails, etc.

4.

The HO district can be adequately served by existing or proposed infrastructure, and adequate measures are applied to ensure the site's future development will not result in negative impacts on the community or create a financial burden on the City.

5.

The HO district fulfills the purpose of this Chapter and will not be detrimental to the public's health, safety or

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